CMOC 2026 1

Request for Proposal

On-Call Construction Management (CM) Services for the

University of Maryland College Park, MD

RFP No. 00040527-W

Issue Date: September 11, 2026 Revision Issued: September 15, 2026

Contractors are cautioned not to make changes to any of the terms and conditions in this solicitation. Doing so may render a Contractor’s proposal unacceptable and subject to rejection.

Questions and comments may be addressed to the point of contact identified in “Solicitation Key Information Sheet.”

Minority Business Enterprises Are Encouraged to Respond to this Solicitation

CMOC 2026 2

ATTENTION ALL

CONTRACTORS / SUBCONTRACTORS

HELP PREVENT FRAUD AND

ABUSE IN THE MINORITY

BUSINESS ENTERPRISE PROGRAM

REPORT KNOWN OR SUSPECTED VIOLATIONS TO:

UNIVERSITY OF MARYLAND AT COLLEGE PARK

DEPARTMENT OF PROCUREMENT & SUPPLY

COLLEGE PARK, MARYLAND

MBE HOTLINE

301-405-5850

Examples of MBE Fraud Include:

MBE's Acting As "Fronts" For Prime Contractors

Prime Contractors Managing MBE’s

Workforces

MBE’s Re-Contracting To Non-MBE Firms

Falsifying Documents

Bribery

CMOC 2026 Section I 3

Table of Contents

SECTION TITLE

SOLICITATION KEY INFORMATION SHEET

SECTION I INSTRUCTIONS TO PROPOSERS

SECTION IA MINORITY BUSINESS ENTERPRISE PARTICIPATION

SECTION II PROPOSALS AND EVALUATION

SECTION III GENERAL PROVISIONS

SECTION IV UNIVERSITY’S ROLE

SECTION V CONSTRUCTION MANAGER’S OBLIGATIONS

SECTION VI CONSTRUCTION TERMS AND CONDITIONS OF

THE CONTRACT (Under Separate Cover)

SECTION VII GENERAL CONDITIONS

SECTION VIII SAMPLE CONTRACT DOCUMENTS

(Unver Separate Cover)

SECTION IX SCHEDULES, REPORTS AND SCHEDULE OF VALUES

A) Version A - Large and/or Complex Projects

B) Version B - Small and/or Short Duration Project

TECHNICAL PROPOSAL ATTACHMENTS (to be submitted with Technical Proposal)

Attachments can be found at the following link:

https://umd.box.com/s/qj7zifmk8gh803lczmkicz9gke2dnsdj

MBE Attachment 1A: MBE Utilization and Fair Solicitation Affidavit (Not required with technical proposal - To be completed for each project)

-Attachment A: Bid/Proposal Affidavit -Attachment B: Conflict of Interest -Attachment D: Social Responsibility Affidavit -Attachment E: Certification Regarding Investment Activities in Iran -Attachment F: Apprenticeship Requirements for Public Works Contracts -Attachment K: Acknowledgement of Receipt of Amendment https://umd.box.com/s/qj7zifmk8gh803lczmkicz9gke2dnsdj

CMOC 2026 Section I 4

Procurement Officer: Jessie J. Woods, Senior Coordinator (Office) (301) 314-5924 (Email) jwoods80@umd.edu

Project Management: Department of Planning & Construction

University of Maryland, College Park

Pre-proposal Conference: September 22, 2026 at 11am EST University of Maryland College Park Join Zoom Meeting:

https://umd.zoom.us/j/3979694382?pwd=dTB3NFllSjRNRH pPbCtYSmNmWFJjUT09&omn=93353265529&jst=2

Join Zoom Meeting

ID: 3979694382

Passcode: 467730

(US) +1 669-444-9171

Passcode: 467730 3979694382@zoomcrc.com Passcode: 467730

NOTE:

The use by Offeror of any artificial intelligence (AI) tools, bots, or automated notetaking services within the Zoom meeting is strictly prohibited. Offeror’s attendees shall not use, deploy, or permit any AI tool to access, monitor, record, transcribe, store, or disseminate any meeting content, including audio, video, chat, screen sharing, attachments, or shared documents. Violation of this policy may result in immediate removal from the meeting.

If an attendee has an accessibility need that requires an AI assistant, they must contact the host in advance to make approved accommodations.

Last Date for Questions: September 29, 2026, 3:00 PM

All questions must be submitted via email to jwoods80@umd.edu.

Technical Proposal Due Date: October 13, 2026 at 3:00 PM

Department of Procurement & Business Services Construction & Facilities Procurement Room 2113, Chesapeake Building 4300 Terrapin Trail College Park, MD 20742-3111 http://www.maps.umd.edu/map/ mailto:jwoods80@umd.edu https://www.google.com/url?q=https://umd.zoom.us/j/3979694382?pwd%3DdTB3NFllSjRNRHpPbCtYSmNmWFJjUT09%26omn%3D93353265529%26jst%3D2&sa=D&source=calendar&ust=1789582012060184&usg=AOvVaw1K3-k2wVeZF8FgCQzE_5uz https://www.google.com/url?q=https://umd.zoom.us/j/3979694382?pwd%3DdTB3NFllSjRNRHpPbCtYSmNmWFJjUT09%26omn%3D93353265529%26jst%3D2&sa=D&source=calendar&ust=1789582012060184&usg=AOvVaw1K3-k2wVeZF8FgCQzE_5uz mailto:jwoods80@umd.edu http://www.maps.umd.edu/map/

CMOC 2026 Section I 5

Number of Technical Proposal One (1) Digital Copy

Digital Submission: Submissions must be sent to the following BOX link:

https://umd.app.box.com/f/f1d0534d00d84836920b4c66 72ab0471

Oral Presentations Date (Optional): TBA

Evaluation Complete / Notification To TBA Prospective Awardees:

Contract Award / BPW Approval: TBA https://umd.app.box.com/f/f1d0534d00d84836920b4c6672ab0471 https://umd.app.box.com/f/f1d0534d00d84836920b4c6672ab0471

CMOC 2026 Section I 6

SECTION I

INSTRUCTIONS TO PROPOSERS

RFP No. 00040527-W On Call Construction Management Service University of Maryland, College Park, MD

CMOC 2026 Section I 7

SECTION I INSTRUCTIONS TO PROPOSERS

A. SUMMARY

1. This Request For Proposal (RFP) is for the University of Maryland (herein referred to as the University or UMD) to select On Call Construction Management at Risk (CMAR) firms to provide professional construction management services for the University of Maryland, College Park (UMD.) The contract may be utilized to implement projects at several institutions of the University System of Maryland. The Construction Manager (CM) will provide "on call" preconstruction and construction services for projects utilizing the Construction Management with Guaranteed Maximum Price method of contracting. For purposes of this procurement and the resulting contracts, the meaning of "on-call" is as follows: The Contractor (s) are to be available (on call) as projects arise to provide pre-construction and/or construction services for UMD; the University cannot, however, forecast what this frequency of use will be.

2. The University anticipates multiple awards with On Call Contracts in place by the date indicated on the Solicitation Key Information Sheet. The base contract will be for two (2) years and will be renewable for three (3) additional one-year option periods at the sole discretion of the University. Award of Projects: Due to the nature of CM work and the anticipated size of projects to be performed under this contract, the University will be competing each project among all awarded CM firms. Projects will be awarded to On Call CM firms based on Price Proposals on a task order by task order basis. The University may choose to request only pre-construction services, only construction services and/or any task described herein.

3. It is anticipated that no project will exceed $20,000,000 with the average between $4,000,000 -

$20,000,000. The annual sum of all projects will be approximately $60,000,000. All proposers are advised that such dollar volumes are estimates only and all proposers further understand and agree that in providing such estimates, the University makes no guarantee that any or all of the estimated work will be assigned to the successful On-Call CM Contractor(s).

4. Technical Proposals shall include all the information required in Section II of this RFP.

5. Task Orders under this contract will be competed among successful CM firms based on the scope of service required by the University for the project and the quoted pre-construction fee, construction fee, and general conditions (as required for each project) on a task order basis. The task order may be concurrent with the award of the base contracts for On-Call CMs (the “Proposed Project”) to the On Call whose proposal is the most advantageous to the University per Section II.F.2.

6. Upon selection of the CMs, and approval by the Maryland Board of Public Works, if applicable, the Contracts will be executed.

7. The CM will be an integral member of the Project Team, consisting of representatives from the University, the User, the Architect, the Architect’s consultants, and other consultants, as required. Generally, it will be the responsibility of the CM to integrate the design and construction phases, utilizing their skills and knowledge of general contracting, to develop

CMOC 2026 Section I 8 schedules; prepare project construction estimates and constructability reviews; study labor conditions; and, in any other way deemed necessary, to contribute to the development of the project during the Pre- Construction/Design phase.

8. During the construction phase, the CM will be responsible for constructing the Project under the

Guaranteed Maximum Price (GMP) inclusive of all construction services therein.

9. Subsequently, and in accordance with the terms and conditions of this RFP, a Modification to the CM Task Order is anticipated to be issued for construction services upon acceptance by the University of the GMP(s) (as described elsewhere in this document). The Task Order will determine Pre- Construction and Construction Phases of each project.

10. Work performed under this Contract shall be in accordance with the University of Maryland

"General Terms and Conditions of the Contract", which is included with this RFP, as modified or supplemented by any Amendments, Special Conditions, and the Contract Documents as listed herein.

B. ISSUING OFFICE

1. The Issuing Office is:

Department of Procurement & Business Services Room 2113, Chesapeake Building 4300 Terrapin Trail College Park, Maryland 20742-3111 Attn: Procurement Office (See Solicitation Key Information Sheet)

2. The Issuing Office shall be the sole point of contact with the University for purposes of the preparation and submittal of the RFP proposal.

3. All questions on this procurement are to be directed in writing to the Issuing Office.

C. PRE-PROPOSAL CONFERENCE

1. Pre-proposal conference will be held at the date, time and location specified in the Solicitation

Key Information Sheet.

2. Attendance is strongly recommended.

3. For virtual Pre-Proposal Conferences:

a. The use by Proposers of any artificial intelligence (AI) tools, bots, or automated notetaking services within the Zoom meeting is strictly prohibited. Proposer’s attendees shall not use, deploy, or permit any AI tool to access, monitor, record, transcribe, store, or disseminate any meeting content, including audio, CMOC 2026 Section I 9 video, chat, screen sharing, attachments, or shared documents. Violation of this policy may result in immediate removal from the meeting.

b. If an attendee has an accessibility need that requires an AI assistant, they must contact the host in advance to make approved accommodations.

D. DUE DATE AND TIME

1. The Technical Proposal must be received at the issuing office by the date and time indicated in the Solicitation Key Information Sheet in order to be considered.

2. Proposers mailing proposals shall allow sufficient mail delivery time to insure timely receipt by the Issuing Office. Proposals or unsolicited amendments to proposals arriving after the due date and time will not be considered.

E. LATE PROPOSALS

1. Any proposal, request for withdrawal, or modification of a proposal that is not received at the designated location, time and date set forth herein will be deemed late and therefore not be considered. Delivery of the proposal to the specified location by the prescribed time and date is the sole responsibility of the Contractor. Exceptions may be authorized, at the sole discretion of the Procurement Officer, when the reason for the late proposal, late request for withdrawal or late modification of a proposal is due to the action or inaction of the University. A record of the late proposal, request for withdrawal, or modification of the proposal, shall be made in the appropriate procurement file.

F. MODIFICATIONS AND WITHDRAWAL OF PROPOSALS

1. Withdrawal of, or modifications to, proposals are effective only if written notice thereof is filed to the receiving office prior to the time proposals are due. A notice of withdrawal or modification to a proposal must be signed by an officer with the authority to commit the company.

2. Withdrawal or modifications will not be accepted after the time proposals are due.

G. QUESTIONS AND CLARIFICATIONS

1. Should a Proposer find discrepancies in the RFP documents, be in doubt as to the meaning or intent of any part thereof, he/she must request clarification in writing from the Issuing Office not later than the date and time indicated on the Solicitation Key Information Sheet. Failure to request such clarification is a waiver to any claim by the Proposer for expense made necessary by reason of later interpretation of the RFP documents by the University. Requests shall include the RFP number and name.

2. Questions and inquiries shall be directed to the individual(s) referenced above for the Issuing

Office. The Issuing Office will be open from 8:00 a.m. to 5:00 p.m., weekdays.

CMOC 2026 Section I 10

3. Items affecting the scope of work or conditions of the Contract shall be subject to the conditions of Amendments per Paragraph N. below.

H. TERMINOLOGY

1. All references in this RFP to the Construction Manager, Proposer, Architect, and other person or persons are made relative to the singular person, male gender (e.g. "he", "him", "his", etc.)

These are intended only as generic terms relative to number and gender and are employed solely to simplify text and to conform to commonly used construction specification language.

I. SITE INVESTIGATION

1. By submitting a proposal for each project, the Proposer acknowledges that it has investigated and is satisfied as to the conditions affecting the work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, and electric power. Any failure by the Proposer to acquaint itself with the available information will not be relieved from the responsibility for properly estimating the cost of successfully providing the services required. The University shall not be responsible for any conclusions or interpretations made by the Proposer of the information made available by the University.

J. PROPOSAL SECURITY

1. With submission of a Price Proposal for each project in accordance with this RFP, all

Proposers are required to comply with the following proposal security requirements:

a. The Proposer shall furnish (included with the Price Proposal) a "Proposal Bond" issued by a surety company licensed to issue bonds in the State of Maryland. The bond must be in an amount not less than five percent (5%) of the total amount of the Price Proposal and shall be in the form specified in Attachment A of the RFP.

b. Per USM Procurement Policies and Procedures, Appendix A.G., a certified check or cash escrow may be accepted in lieu of a proposal bond. If approved by the Attorney General, a proposer may furnish a personal bond, property bond, or bank or savings & loan associations’ letter of credit on certain designated funds in the face amount required for the proposal bond. Approval shall be granted only upon a determination that the alternative form of security offered affords protection to the University, equivalent to a corporate surety bond.

c. Should the Proposer to whom the contract is awarded fail or be unable to execute the Contract, for any reason, within ten (10) days after notification of award, then an amount equal to the difference between the accepted price, and that of the Proposer to whom the award subsequently is made shall be paid to the University not as a penalty but as liquidated damages.

CMOC 2026 Section I 11

d. Performance and Payment Bonds, each in the amount of one hundred percent (100%) of the GMP, shall be furnished, in the form specified in Section IX of this RFP upon acceptance of the GMP by the University.

e. At the time of presentation of each Guaranteed Maximum Price for each Phase of the work, the Construction Manager will be required to comply with proposal security requirements and provide an additional proposal (bid) bond or other acceptable security on the terms and conditions set forth in J.1 above. Should the Construction Manager fail to execute the Modification to the Contract, and the University is required to re-solicit for services, then an amount equal to the difference between the accepted price and that of the person or entity that serves as Construction Manager subsequently shall be paid to the University as Liquidated Damages.

K. RIGHT TO REJECT PROPOSALS AND WAIVE INFORMALITIES

1. The University may cancel this RFP, in whole or in part, or reject any or all proposals submitted in response to the RFP when such action is determined to be fiscally advantageous to the University and/or the State or otherwise in the best interest of the University and/or the State

2. The University reserves the right to reject either all proposals after the opening of the proposals but before award, or any proposal, in whole or part, when it is in the best interest of the University of Maryland. For the same reason, the University reserves the right to waive any minor irregularity in a proposal.

L. IRREVOCABILITY OF PROPOSALS

1. Proposals shall be valid for a minimum of one hundred twenty (120) days following the closing date of this RFP. If an award is not made during that period, the proposal shall automatically extend for another one hundred twenty (120) days, unless the Contractor gives specific written notice to the Procurement Officer at least fifteen (15) days before the expiration of the then current one hundred twenty (120) day period. Proposals shall automatically renew for an additional one hundred twenty (120) days until such time as an award is made or proper written notice is given to the University of Contractor’s intent to withdraw its proposal. By submission of a proposal, Contractor guarantees that its offer shall be firm for the period specified above.

M. LICENSES AND QUALIFICATION

1. Proposers must be licensed as required by the Business Regulation Article of the Maryland

Annotated Code (Sections 17-301 through 17-308) and shall submit proof of current licensing with their technical offers.

2. The University reserves the right to require a Proposer to demonstrate that they have the skills, equipment and other resources to satisfactorily perform work of the nature and magnitude necessary to complete the project within the proposed contract schedule.

N. AMENDMENTS

CMOC 2026 Section I 12

1. Oral explanations or instructions will not be binding; only written Amendments will be binding.

Amendments will be posted on eMaryland Marketplace Advantage (eMMA). Proposers shall acknowledge the receipt of all Amendment(s) in the space provided on the Proposal Form.

O. ECONOMY OF PREPARATION

1. Proposals should be prepared simply and economically, providing a straightforward, concise description of the Proposer's offer to meet the requirements of the RFP.

P. CONFIDENTIAL / PROPRIETARY INFORMATION

1. Proposers should give specific attention to the identification of those portions of their proposals which they deem to be confidential, proprietary information or trade secrets, and provide any justification of why such materials, upon request, should not be disclosed by the State under the Access to Public Records Act, State Government Article, Title 10, Subtitle 6 of the Annotated Code of Maryland. Proposals will not be publicly opened. Proposers must clearly indicate each Section that is deemed to be confidential, proprietary or a trade secret. It is NOT sufficient to preface your entire proposal with a proprietary statement.

Q. FINANCIAL DISCLOSURE BY PERSONS DOING STATE BUSINESS

1. Proposers providing materials, equipment, supplies or services to the University must comply with Section 13-221 of the State Finance & Procurement Article of the Annotated Code of Maryland which requires that every business which enters into contracts, leases or other agreements with the University and receives in the aggregate $100,000, or more, during a calendar year shall, within 30 days of the time when the $100,000 is reached, file with the Secretary of State a list containing the names and address of its resident agent, each of its officers, and any individual who has beneficial ownership of the contracting business.

R. ARREARAGES

1. Section 7-222 of the State Finance and Procurement Article of the Maryland Annotated Code, provides that the Comptroller may not, except under the conditions specified therein, issue a warrant for payment to a person or entity if the person or entity owes $50 or more to the State, a unit of the State government, or any governmental entity under the control of the State.

2. By submitting a response to this solicitation, the proposer represents that it is not in arrears in the payment of any obligation due and owing the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become so during the term of the contract. Should the proposer have an arrearage in excess of $50 at any time during the contract, applications for payment submitted by a contractor, even if approved for payment by the University, may not be processed by the Comptroller.

S. PROPOSAL AFFIDAVIT

1. The Bid/ Proposal Affidavit included in Attachment A must be executed by each responding

CMOC 2026 Section I 13

Proposer and submitted with the Proposer's Price Proposal.

2. Conflict of Interest Information/Affidavit and Disclosure included in Attachment A must be executed by each responding Proposer and submitted with the Proposer's Price Proposal.

T. MULTIPLE / ALTERNATIVE PROPOSALS

1. Proposers may not submit more than one (1) proposal nor may Proposers submit an alternate to this RFP.

U. JOINT VENTURE PROPOSERS

1. If the Proposer is a joint venture firm, the Proposer shall provide all identification information for all parties and all requirements for all parties (i.e., licenses, insurance, etc.) as requested. As part of the technical proposal submission, the proposer will have to provide the specific information requested in Section II of this RFP: Proposals and Evaluation. All joint venture parties will be held responsible for the contract obligations separately and severally.

V. INCURRED EXPENSES

1. The University will not be responsible for any costs incurred by any Proposer in preparation and submittal of a proposal.

W. DEBRIEFING OF UNSUCCESSFUL PROPOSERS

1. A debriefing of an unsuccessful Proposer will be conducted upon written request submitted to the Procurement Officer within ten (10) calendar days after the Proposer knew, or should have known, its proposal was unsuccessful. The debriefing will be oral and will be limited to a discussion of the unsuccessful Proposer’s proposal only and will provide information on areas in which it was deemed weak or deficient. The debriefing may NOT include discussion of a competing offeror’s proposal or discussion, thoughts, notes or ranking from an individual evaluation committee member. A summarization of the Procurement Officer’s rationale for the selection may be given.

X. PREVAILING WAGE RATES

1. Prevailing wage rates will be provided to the awarded Construction Manager by the University prior to the development of the GMP for each project.

2. The Construction Manager shall comply with the Prevailing Wage Rates in accordance with the General Terms and Conditions of the Contract.

Y. LIQUIDATED DAMAGES

1. In the event the CM fails to complete the construction phase work by the Contract date of

Substantial Completion, the CM shall pay to the University the sum indicated as specified in

CMOC 2026 Section I 14

"General Terms and Conditions of the Contract", not as a penalty, but as liquidated damages.

2. Liquidated Damages will be established for each project and be included with each individual project request for Price Proposal.

Z. DISCUSSIONS

1. This solicitation is a request for Competitive Sealed Proposals under University System of

Maryland, Procurement Policies and Procedures. The University may elect to engage in discussions with one or more Proposers on issues involving price or technical factors at any time prior to selection of the prospective awardee.

AA. ELECTRONIC FUNDS TRANSFER (EFT)

1. Note: This provision applies to all contracts over $200,000 requiring approval by the Board of Public Works.

2. By submitting a response to this solicitation, the Offeror agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. The selected Offeror shall register using the COT/GAD X-10 Vendor Electronic Funds Registration Request Form, which may be found on the following website:

a. http://compnet.comp.state.md.us/gad/vendorinfo/eft/default.asp

b. Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form and must include the business identification information as stated on the form and include the reason for the exemption.

See Payment of University Obligations clause in the University of Maryland, College Park

- General Terms and Conditions for additional information.

BB. COMMERCIAL NONDISCRIMINATION CLAUSE

1. “As a condition of entering into this Agreement, Contractor represents and warrants that it will comply with the State’s Commercial Nondiscrimination Policy, as described under State Finance and Procurement Article, Title 19, Annotated Code of Maryland. As part of this compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Agreement and may result in termination of this Agreement, disqualification of Contractor from Participating in State Contracts, or other sanctions.

This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.”

http://compnet.comp.state.md.us/gad/vendorinfo/eft/default.asp

CMOC 2026 Section I 15

2. The Contractor shall include the provision in §A of this regulation in all subcontracts to the

State contract.

3. The following provision is mandatory for all State contracts: As a condition of entering into this Agreement, upon the request of the Maryland Commission on Human Relations, and only after the filing of a complaint against Contractor under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State's Commercial Nondiscrimination Policy as set forth under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, and to provide any documents relevant to any investigation that is requested by the State. Contractor understands that violation of this clause is a material breach of this Agreement and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions."

CC. eMARYLAND MARKETPLACE ADVANTAGE

1. In order to be considered for an award, a bidder/proposer must be registered on eMaryland

Marketplace Advantage. For registration, please visit their website at https://emma.maryland.gov

DD. RECIPROCAL PREFERENCE FOR RESIDENT RESPONDERS

1. As set forth in §14-401 of the State Finance and Procurement article of the Annotated Code of Maryland, a non-resident firm submitting a proposal, in response to a solicitation, is to attach to its proposal a copy of the current statute, policy, procedure, or executive order of the resident firm’s State if that State gives a preference to its residents firms. Where such a statute, policy, procedure, or executive order is in effect in the respondent’s resident state, the University may apply a preference identical to that applied by the respondent firm’s resident state as long as application of that preference is not in conflict with a federal law or grant affecting the procurement contract.”

EE. CONTRACTOR REPORTING OF SUSPECTED CHILD ABUSE AND NEGLECT

1. Maryland law contains mandatory reporting requirements for all individuals who suspect child abuse or neglect. Contractors performing work on campus also must comply with USM Board of Regents (BOR) VI. 50- Policy on the Reporting of Suspected Child Abuse and Neglect. A copy of the above-referenced USM Policy and UMCP Procedures are available at:

http://www.president.umd.edu/administration/policies/section-vi-general- administration/vi-http://www.president.umd.edu/administration/policies/section-vi-general-administration/vi-150 http://www.president.umd.edu/administration/policies/section-vi-general-administration/vi-150 http://www.president.umd.edu/administration/policies/section-vi-general-administration/vi-150

CMOC 2026 Section I 16

2. The Policy and Procedures are incorporated herein. The University reserves the right to terminate this contract if Contractor fails to comply with the above- referenced policy or procedures, or if, in the judgment of the University, termination is necessary to protect the safety and welfare of children who come into contact with the University of Maryland community.

END OF SECTION I

CMOC 2026 Section IA 17

SECTION IA

MINORITY BUSINESS ENTERPRISE PARTICIPATION

CMOC 2026 Section IA 18

ARTICLE 1A MINORITY BUSINESS ENTERPRISE PARTICIPATION:

CONSTRUCTION MANAGEMENT AT RISK (November 2014 Rev.)

A. MINORITY BUSINESS ENTERPRISE NOTICE

1. Minority Business Enterprises are encouraged to respond to this solicitation.

B. PURPOSE

1. COMAR 21.11.03.01 provides that maximum contracting opportunities be extended to prime contractors and subcontractors who are certified minority business enterprises (MBE). Proposer shall structure its procedures for the performance of the work required in this contract to attempt to achieve the Minority Business Enterprise (MBE) goals stated in the solicitation.

2. By submitting a response to this solicitation, the proposer agrees to exercise all good faith efforts to carry out such requirements, and agrees to manage the Contract so that the MBE performance is in accordance with this contract, as authorized by Code of Maryland Regulations COMAR 21.11.03.

C. DEFINITION

1. A minority business enterprise is a firm that is certified as a minority business enterprise by the

Maryland Department of Transportation. No other type or source of minority business enterprise certification is applicable or acceptable.

D. GOAL AND SUBGOALS

1. The minority business enterprise participation goal will be established for each specific project on a task order by task order basis

2. Notwithstanding the subgoals established, the Contractor is encouraged to use a diverse group of subcontractors and suppliers from any of the various MBE classifications to meet the remainder of the minority business enterprise participation goal.

3. If the Contractor is a minority business enterprise, or a joint venture that includes minority business enterprise partners, the Contractor must meet the minority business enterprise subgoals with minority business enterprise subcontractors. MBEs

CMOC 2026 Section IA 19

4. performing work as the Prime Contractor may count a portion of their in-house work against the goal and subgoals (if applicable). See MBE forms and instructions for specific guidance.

5. If a minority business enterprise firm that is included in the proposed MBE Participation

Schedule becomes unavailable or is determined to be ineligible at any time before Contract execution, the Contractor shall notify the procurement officer in writing immediately, describing the proposed change and the Contractor's efforts to substitute another minority business enterprise to perform the work. After Contract execution, a proposed change must have the University’s prior written approval, and the procurement officer must issue a contract modification authorizing the change.

E. SUBMISSION OF MBE PROGRAM DOCUMENTS

1. The proposer shall submit the documents listed below in this subsection with its proposals. If the proposer fails to submit required documents with its proposals, the procurement officer shall determine that the proposal is not reasonably susceptible of being selected for Contract award.

2. Documents to be submitted with the initial proposals (Pre- Construction Phase):

a. With the Technical Proposal, submit the Certified MBE Utilization and Fair Solicitation Affidavit (MBE-1A), in which the proposer acknowledges the minority business enterprise participation goal, or requests a waiver.

b. If pre-construction phase services include any MBE participants, submit the MBE Participation Schedule (MBE- 1B) with the Price Proposal to identify the commitment of each MBE subcontractor included in the Price Proposal. Indicate the percent and dollar amount of the proposer’s total Contract amount that is committed to be performed by each MBE subcontractor.

c. Within 10 workdays from notification that it is the selected proposer or from the date of actual Contract award, whichever is earlier, or as otherwise required in solicitation documents, the selected proposer shall submit the documents listed below in this subsection to the procurement officer. If the selected proposer fails to return each document within the required time, the procurement officer may reject the offer per COMAR 21.11.03.10 F. If the Contract has already been awarded, the award is voidable.

d. MBE Subcontractor Project Participation Statement of Intent (MBE-3A), for each MBE subcontractor, if applicable to pre- construction phase services.

e. MBE Prime Contractor Project Participation Statement of Intent (MBE-3B), if applicable.

f. If the selected proposer believes a waiver for all or part of the minority business enterprise goal or of any subgoal is necessary, it must submit: Outreach Efforts Compliance Statement (MBE-2A); a fully documented MBE Waiver Request (MBE-2B); and MBE Unavailability Forms (MBE-2C) as applicable, in compliance with COMAR 21.11.03.11

g. Any other documentation required by the procurement officer to ascertain the proposer’s responsibility in connection with the certified MBE participation goal.

CMOC 2026 Section IA 20

3. The proposer shall submit the documents listed below in this subsection during development and submission of each Guaranteed Maximum Price Proposal.

a. With the solicitation plan, submit: Outreach Efforts Compliance Statement (MBE-2A).

b. With each Guaranteed Maximum Price Proposal, submit: Minority Business Enterprise

Participation Schedule (MBE- 1B).

c. Within 10 work days of the University’s acceptance of each Guaranteed Maximum Price

Proposal, submit: MBE Subcontractor Project Participation Statement of Intent (MBE-3A), and if applicable, MBE Prime Contractor Project Participation Statement of Intent (MBE- 3B).

d. Any other documentation required by the procurement officer to ascertain the proposer’s responsibility in connection with the certified MBE participation goal.

F. CONTRACT ADMINISTRATION REQUIREMENTS

1. Per COMAR 21.11.03.13, the Contractor shall submit monthly to the MBE Liaison a Prime

Contractor MBE Monthly Payment Report (MBE-H), identifying unpaid invoices over 30 days old received from a minority business enterprise subcontractor and the reason payment has not been made.

This shall include MBE subcontractors at all tiers.

2. The Contractor shall include in agreements with minority business enterprise subcontractors at any tier a requirement that such subcontractors, when actively working on the project, submit monthly to the MBE Liaison a MBE Subcontractor Monthly Payment Report (MBE-G), identifying the payments received from Contractor in the preceding 30 days, outstanding invoices, and each invoice amount. This report must be signed by the MBE subcontractor. The Contractor shall ensure that the MBE subcontractors submit this report.

3. The Contractor shall maintain the records necessary to confirm compliance with its MBE participation obligations. Such records must identity the minority business enterprise subcontractors and non-MBE subcontractors under the Contract, the type of work performed by each, and the dollar value of work performed. Subcontracts that document the work performed by minority business enterprise subcontractors and non- MBE subcontractors must be provided to the procurement officer when requested.

a. The Contractor shall provide such documentation as is reasonably requested and provide right-of-entry at reasonable times for the State’s representatives to verify compliance with the MBE participation obligations.

b. At the option of the procurement officer, upon completion of the Contract and before final payment or release of retainage, the Contractor shall submit a final report in affidavit form and under penalty of perjury, of the payments made to, or withheld from Minority Business Enterprise subcontractors.

CMOC 2026 Section IA 21

G. LIQUIDATED DAMAGES FOR NON-COMPLIANCE

1. The Contractor shall make good faith efforts to comply with requirements of the Minority

Business Enterprise Program and provisions of the Contract regarding MBE participation. The State and the Contractor acknowledge and agree that the State will incur such damages as loss of goodwill, detrimental impact on economic development, diversion of internal staff resources, and other damages, if the Contractor does not make good faith efforts to comply. The State and the Contractor further agree that such damages are difficult to calculate precisely.

2. If the State determines that the Contractor has failed to make good faith efforts to comply with an MBE Program requirement or Contract provision, the Contractor shall pay liquidated damages at the rates set forth below. The University will notify the Contractor in writing of the reason for imposing liquidated damages and the amount owed, and may withhold payment to the Contractor to recoup the liquidated damages owed. The Contractor agrees that for each violation, the liquidated damages imposed are reasonably proximate to the loss the State is anticipated to incur as a result of such violation.

3. If the Contractor does not submit a monthly payment report as required by COMAR

21.11.03.13B (3), liquidated damages are 25 dollars per day until the monthly report is submitted as required.

4. If the Contractor does not include in its subcontracts with MBE subcontractors a provision requiring submission of payment reports as required by COMAR 21.11.03.13B (4), liquidated damages are 100 dollars per MBE subcontractor.

5. If the Contractor does not comply with COMAR 21.11.03.12 and terminates, cancels, or reduces the scope of work or value of a contract with an MBE subcontractor or amends the MBE participation schedule, liquidated damages are the difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE firm for the Contract.

6. If the Contractor does not meet the Contract’s minority business enterprise participation goal and subgoal commitments, liquidated damages are the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the dollar value of MBE participation actually achieved.

7. Notwithstanding the use of liquidated damages, the State reserves the right to terminate the

Contract and exercise all other rights and remedies provided in the Contract or by law.

CMOC 2026 Section IA 22

H. CONTRACTOR ASSISTANCE

1. Contractors seeking assistance in locating certified firms or answers to questions about the requirements for minority business enterprise participation are encouraged to contact the MBE Liaison:

Mr. Anthony Harmon Manager, Business Inclusion & Supplier Diversity University of Maryland College Park Department of Procurement and Business Services 2113H Chesapeake Building 4300 Terrapin Trail College Park, Maryland 20742-3111 Telephone: 301-405-6055 Fax: 301-314-9565 E-Mail: aharmon4@umd.edu

2. Contractors who have questions concerning the minority business enterprise certification process, need assistance with searching the MBE directory, or have questions about specific MBE firms, may contact:

Maryland Department of Transportation Minority Business Enterprise Program 7201 Corporate Center Hanover, MD 21076 In State: 410-865-1269 Toll Free: 800-544-6056

3. Online assistance in locating minority business enterprise firms may be found in the Directory of Certified Firms published by the Maryland Department of Transportation and updated nightly at http://mbe.mdot.state.md.us/directory/.

4. General information regarding the Minority Business Enterprise program is at http://www.mdot.maryland.gov/.

END OF SECTION IA

http://mbe.mdot.state.md.us/directory/ http://www.mdot.maryland.gov/

CMOC 2026 Section II 23

SECTION II

PROPOSALS AND EVALUATION

CMOC 2026 Section II 24

SECTION II PROPOSALS AND EVALUATION

A. TECHNICAL PROPOSAL SUBMITTALS

1. Technical Proposal Cover Letter: A cover letter prepared on the Proposer's business letterhead shall be the first page behind the coversheet of the Technical Proposal Submittal. The purpose of this letter is to transmit the Proposal. Therefore, it should be brief, but shall list all items contained within the Proposal. The letter shall be signed by an individual who is authorized to bind their firm to all statements, including services and financial, contained in the Proposals.

2. Technical Proposal: Proposer shall submit their digital technical proposals to the Digital Submission address identified on the Solicitation Key Information Sheet.

2.1 The Technical Proposal shall not have any references to pricing or the Price Proposal.

2.2 All technical proposals shall be submitted as one indexed PDF to the Digital Submission address identified on the Solicitation Key Information Sheet. The PDF name shall include the following in order separated by hyphens:

a. The Solicitation Number (from the cover page of this Request for Proposal)

b. The name of the firm or corporation making the proposal.

c. The words: “Technical Proposal”

d. The title of the project

2.3 A Proposer shall have a minimum of five (5) years CM-at-Risk (CMAR) experience for their proposal to be considered.

2.4 If the Proposer is a joint venture firm, include a copy of the joint venture agreement or, if not yet formed, a letter signed by both joint venture parties stating the intent to form a joint venture.

a. One joint venture party shall have a minimum of five (5) years CM at risk experience, and the other joint venture party or parties shall have a minimum of three

(3) years CM at risk experience. Provide a list of completed projects for each joint venture party to demonstrate compliance with the minimum CM at risk experience.

3. The information provided with the Technical Proposals, including samples of documents, does not relieve the CM from any obligations under Section V of this RFP. The fact that a CM is selected does not mean acceptance of all the information or all samples provided.

B. PROCUREMENT METHOD / BASIS FOR AWARD

1. The University will follow a Competitive Sealed Proposals process utilizing the Qualifications Based Selection (QBS) approach to select the CMAR contractors for the required services.

Under this approach, a Qualification Committee (QC) reviews the Technical Proposals from CM contractors. After review of the Technical Proposals and interviews (if applicable), the QC will establish a ranking of the technically acceptable teams. The Procurement Officer will recommend contract award to the responsible contractors that provide the best technical

CMOC 2026 Section II 25 qualifications, considering the evaluation factors in this RFP

C. TECHNICAL PROPOSAL REQUIREMENTS

1. Failure to include any of the information required may render a proposal unacceptable.

Technical Proposal Evaluation Factors below are listed in the order of importance. Proposer shall describe in detail and provide evidence supporting the qualifications below. Technical Proposals shall be compiled in the order listed below.

The University reserves the right to check any reference source at its sole discretion, including sources not identified by the proposer. The University may also consider the performance of the proposer on any/all projects performed for the University prior to submitting this proposal, including ongoing/active projects, whether identified by the proposer or not.

2. Mandatory Requirements: Firms who do not meet the mandatory requirements will not be considered.

2.1 A Proposer shall have a minimum of five (5) years Construction Management (CM) at risk experience for their proposal to be considered.

2.2 Provide a list of completed projects to demonstrate compliance with the minimum CM at Risk experience requirement. For each project include only the construction cost, the date of Substantial Completion, and the owner’s name, contact person and phone number. The information will be used to verify experience with the indicated project delivery approach; the projects listed will not be evaluated for similarities.

2.3 If the Proposer is a joint venture (JV) firm, include a copy of the joint venture agreement or, if not yet formed, a letter signed by both joint venture parties stating the intent to form a joint venture.

a. One joint venture party shall have a minimum of five (5) years Construction

Management at risk experience, and the other joint venture party or parties shall have a minimum of three (3) years CM at risk experience. Provide a list of completed projects for each joint venture party to demonstrate compliance with the minimum CM at Risk experience.

2.4 Using the information provided by the proposer, the University may contact the

Customer/Owner references for the projects listed to demonstrate compliance with the Mandatory Requirements.

3. Financial Stability and Bonding Capability: Provide the following documents to demonstrate the proposer has the capability of performing the largest of the typical projects on this RFP.

3.1 Submit the Financial and bonding capability documents indicated below with the

Technical Proposal but in a separate digital file. Only the Procurement Officer will review the Financial and Bonding capability.

3.2 Current audited financial statements including Income Statement, Balance Sheet and Statement of Cash Flows.

CMOC 2026 Section II 26

3.3 Letter from a surety company licensed to issue bonds in the State of Maryland indicating the Proposer's capability to provide adequate performance and payment bonds for this Project.

3.4 Copy of the current Dun and Bradstreet comprehensive report.

D. TECHNICAL PROPOSAL EVALUATION FACTORS

1. Key Personnel

1.1 By submitting the individuals for consideration as key personnel, the Proposer is committing these individuals to the University for the duration of the contract, if awarded the contract. Should circumstances necessitate a personnel change, the CM shall submit a written change request to replace key personnel. All personnel change request shall include sufficient information to demonstrate that the proposed individual meets or exceeds the qualifications of the Key Personnel to be replaced. No personnel changes will be permitted without the prior written authorization by the University.

1.2 Organizational Chart:

a. Provide CM team organizational charts for Pre- Construction and Construction services. Include the personnel organizational chart for this Project on the page opposite the resume of each individual, and highlight this individual on the chart.

b. A Personnel Plan (also known as Staffing Plan) is not required with this Technical Proposal. The University will provide the Personnel Plan establishing the minimum CM personnel and minimum time participation for each project before the Price Proposal for a specific project is requested.

1.3 Key Personnel Commitment:

a. By submitting the individuals for consideration as key personnel, the Proposer is committing them to the University for the duration of the contract. Should circumstances necessitate a personnel change, the proposer shall submit a written change request to replace key personnel to the Procurement Officer. All personnel change request shall include proper justification. Replacement personnel resumes shall demonstrate that the proposed individual meets or exceeds the qualifications of the Key Personnel to be replaced. Changes in key personnel after contract award require written approval in writing from the University’s Procurement Officer.

b. Include a statement committing to assigning these proposed personnel if Proposer is the selected CM firm.

c. Personnel Commitment Compliance: CM firms that are awarded this contract shall assign a team consisting of key personnel included in the Technical Proposal submitted in response to this RFP. The request shall be made outside the Price Proposal process for specific projects. Any required replacement of key personnel must be officially requested as soon as the proposer knows any of the key personnel

CMOC 2026 Section II 27 included in the Technical Proposal is no…