RFP_158975_Theatre_Lighting_at_CSPAC_-_Part_I__II___III.pdf

RFP No. 158975; Replace Theatre Lighting at CSPAC

UNIVERSITY OF MARYLAND, COLLEGE PARK

DEPARTMENT OF PROCUREMENT AND BUSINESS SERVICES

REQUEST FOR PROPOSALS (RFP)

RFP NO. 158975

Issue Date:

September 6, 2024

PROJECT NAME:

Replace Theatre Lighting in Six (6) Theatres at the Clarice Smith

Performing Arts Center

Minority Business Enterprises Are Encouraged to Respond to this

Solicitation

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 &

BUSINESS SERVICES AT COLLEGE PARK,

MARYLAND

MBE HOTLINE

301-405-6055

Examples of MBE Fraud Include:

! MBE's Acting As "Fronts" For ! MBE's Re-

Contracting To Prime Contractors Non-MBE Firms

! Prime Contractors ! Falsifying

Documents Managing MBE's Workforces ! Bribery

! Prime Contractors Naming MBE’s without permission or not using MBE’s named in their Participation Plan without prior Procurement Office authorization.

Rev. 3/17

DEPARTMENT OF PROCUREMENT AND BUSINESS SERVICES

RFP KEY INFORMATION SUMMARY SHEET

Request for Proposal:

RFP Number: 158975

RFP Issue Date: September 6, 2024

RFP Issuing Office: University of Maryland College Park Construction & Facilities Procurement 2100, Chesapeake Building 4300 Terrapin Trail College Park, MD 20742-3111

Procurement Officer: Lisa Thompson Phone: 443-864-2146 e-mail: Lthompso@umd.edu

Project Management: University of Maryland College Park Department of Facilities Management

Pre-Proposal Conference: September 19, 2024 @ 9:00 AM EST Clarice Smith Performing Arts Center, Bldg 386 Grand Pavilion (next to Coffee shop) 8270 Alumni Drive College Park, MD 20742

Deadline for Questions: September 30, 2024 at 2:00 PM EST

Price & Technical Proposal Due Date and Time: October 14, 2024 at 3:00 PM EST; Electronically at https://umd.box.com/s/w2wkcw9l0tr227wn5ihnk9qea3 dcqdls

MBE Subcontracting Goal: 25%

Contract Type: Firm fixed price

Contract Duration: 240 Days

SBR Designation: No

Federal Funding: No mailto:Lthompso@umd.edu https://umd.box.com/s/w2wkcw9l0tr227wn5ihnk9qea3dcqdls

Table of Contents rev. July 17 - 1 -

TABLE OF CONTENTS

PART I PAGE

RFP KEY INFORMATION SUMMARY SHEET 1 -1

SECTION 00100 INSTRUCTIONS TO PROPOSERS 1 - 16

SECTION 00200 INFORMATION AVAILABLE TO PROPOSERS 1 - 1

SECTION 00300 PROPOSALS & EVALUATION 1 - 9

PART II GENERAL TERMS AND CONDITIONS OF

THE CONTRACT (Under Separate Cover) 1 – 91

PART III LONG FORM CONTRACT (Sample Copy) 1 - 4

CONTRACT AFFIDAVIT 1 - 4

MODIFICATION OF CONTRACT (Sample Copy) 1 - 2

PERFORMANCE BOND (Sample Copy) 1 - 2

PAYMENT BOND (Sample Copy) 1 - 2

PART IV SPECIFICATIONS AND GENERAL REQUIREMENTS

(Under Separate Cover)

PART V PROPOSAL FORM ONE (1) COPY 1 -4

ATTACHMENT A PROPOSAL AFFADAVIT 1 – 7

ATTACHMENT B CONFLICT OF INTEREST INFORMATION 1 - 2

AFFIDAVIT AND DISCLOSURE

ATTACHMENT C PROPOSAL BOND 1 -

ATTACHMENT D SOCIAL RESPONSIBILITY 1 – 3

AFFIDAVIT

ATTACHMENT E CERTIFICATION REGARDING INVESTMENT 1 – 1

ACTIVITIES IN IRAN

Table of Contents rev. July 17 - 2 -

LOOSE FORMS PACKAGE-TECHNICAL

General Contractor Experience Form 1 – 1

Key Personnel Forms 1 – 4

Major Milestone Schedule 1 – 1

Company Profile 1 – 1

Annual Sales Volume 1 – 1

Current Workload Form 1 – 1

MBE FORMS:

(Forms are attached the Price Proposal Package)

MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (MBE Attachment 1A) 1 – 2

MBE Waiver Guidance (MBE Attachment 1B) 1 – 3

MBE Good Faith Waiver Support (MBE Attachment 1C) 1 – 1

Outreach Efforts Compliance Statement (MBE Attachment 2) 1 – 1

MBE Subcontractor Participation (MBE Attachment 3A) 1 – 1

MBE Prime Project Certification Form (MBE Attachment 3B) 1 – 1

Prime Contractor Monthly Payment UMCP (MBE Attachment 4A) 1 – 1

Subcontractor Monthly Payment UMCP (MBE Attachment 5A) 1 – 1

SECTION 00100

INSTRUCTIONS TO PROPOSERS

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SECTION 00100 INSTRUCTIONS TO PROPOSERS

A. OBJECTIVE

1. The objective of this Request for Proposal (RFP) is for the University of Maryland, is to select one (1) Lighting Control Systems Integrator Contractor to provide all labor, materials and equipment necessary to replace the lighting in six (6) Theatres, re-lamp some existing fixtures and Furnish and install ETC dimmer racks in the Clarice Smith Performing Arts Center (CSPAC).

2. The successful contractor will furnish all labor, materials, equipment, supplies, supervision and other resources as required for the replacement of incandescent lighting with LED sources.

Some locations will be a lamp replacement with compatible dimmers, and some will be a full fixture replacement with relay or switched power source.

The scope of work is more specifically defined by the contract documents, included in Section

IV.

3. The University requires all work to be completed within Two Hundred Forty days.

4. All work performed under this contract shall be in accordance with the University of Maryland, College Park General Terms and Conditions of the Contract (PUR-046, 2/14, Rev.) as supplemented by the contract drawings, technical specifications, any amendments, supplementary conditions and, other components/sections of the contract documents as listed herein.

B. INSTRUCTIONS FOR SUBMITTAL OF TECHNICAL PROPOSALS

For detailed information on preparation and submittal of Proposals see Section 00300.

C. ISSUING OFFICE

1. The Issuing Office is:

University of Maryland College Park

Department of Procurement and Business Services Construction & Facilities Procurement

2113 Chesapeake Building 4300 Terrapin Trail

College Park, Maryland 20742 Attn: Lisa Thompson, Procurement Officer

2. Contract Information:

Tel # (443)864-2146 Email: Lthompso@umd.edu mailto:Lthompso@umd.edu

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3. The Issuing Office shall be the sole point of contact with the University for questions and inquiries regarding preparation and submittal of this proposal.

D. PRE-PROPOSAL CONFERENCE & SITE VISIT:

1. A Pre-proposal conference will be held at the date, time and location specified in the RFP Key Information Summary Sheet above.

2. Attendance is strongly recommended.

3. A site visit will not be scheduled prior to the technical proposal submission date.

Contractors are encouraged to visit the campus at their convenience and independently walk through the proposed pipe route prior to submission of the price proposal.

See the campus map for location of building and parking -http://maps.umd.edu/map/

E. TERMINOLOGY

All references in this Proposal Request to Contractor, 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 with commonly used construction specification language.

F. QUESTIONS AND INQUIRIES

1. Questions and inquiries shall be directed to the individual referenced in "C" (Issuing Office) above. The Issuing Office is open from 8:00 a.m. to 5:00 p.m. weekdays.

2. The sole point of contact between Contractors and the University will be formally made at scheduled meetings or in writing through the Issuing Office. Requests for clarification or additional information must be made in writing to the Procurement Officer and received by the dated referenced in the RFP Key Information Sheet (October 1, 2024 @ 2:00 PM EST). Only written communications relative to the procurement shall be considered. Hard copy, facsimile and electronic mail are acceptable methods for submission of questions. It is incumbent upon the Contractor to verify University receipt of their questions.

3. All questions will be answered in writing. Both questions and answers will be posted, without identification of the inquirer(s), on eMaryland Marketplace Advantage (eMMA). No oral communications can be relied upon for proposal purposes.

http://maps.umd.edu/map/

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4. Items affecting the scope of work or conditions of the contract shall be subject to the conditions of Amendments to this RFP.

G. TECHNICAL PROPOSAL DUE DATE AND TIME

1. The Technical Proposal shall be prepared and submitted as specified in Section 00300 of this RFP. The Technical Proposal must arrive at the Issuing Office, by the date and time specified in the Key Information Summary Sheet in order to be considered.

Proposers shall clearly mark both original copies as such.

2. Proposers shall allow sufficient time to ensure timely receipt of proposals by the Issuing

Office. Proposals or unsolicited amendments arriving after the due date and time will not be considered.

3. LATE PROPOSALS: 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 a proposal, shall be made in the appropriate procurement file.

H. SITE INVESTIGATION

By submitting a proposal, the proposer acknowledges that he has investigated and satisfied himself 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 offeror to acquaint himself with the available information will not relieve him of responsibility for estimating properly the cost of successfully performing the work. The University shall not be responsible for any conclusions or interpretations made by the proposer of the information made available by the University.

I. PROPOSAL SECURITY (to be submitted with Price Proposal)

1. If the total proposal price is $100,000 or more, each proposer shall furnish with its 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 base proposal plus alternate prices, and shall be in the form specified (see blank form included in Part V).

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2. Certified checks, cash and other security set forth in USM Procurement Policies and Procedures, Appendix A, Paragraph G. - Bonds, are acceptable in lieu of proposal bonds, and shall be submitted with the Price Proposal and be subject to the same conditions as bonds.

3. 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, 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 as liquidated damages.

4. The proposer to whom a contract in excess of $100,000 is awarded also must furnish

Performance and Payment Bonds, each in the amount of one hundred percent (100%) of the contract price, including executed Change Orders, on the form provided. These Performance and Payment Bonds must be provided at the time of the signing of the contract, and prior to the start of any work.

5. Evaluation of a proposal takes a considerable length of time. Maryland law does not permit any information regarding the evaluation to be released prior to the award.

J. RIGHT TO REJECT PROPOSALS AND WAIVE INFORMALITIES

The University reserves the right to reject any and all proposals, or to accept any proposal, when it is in the best interest of the State of Maryland. For the same reason, the University reserves the right to waive any technicality or minor irregularity in a proposal.

K. DURATION OF PROPOSAL OFFER

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.

L. LICENSES AND QUALIFICATIONS

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.

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2. The University reserves the right to require a proposer to demonstrate that he has 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.

M. CLARIFICATIONS AND AMENDMENT

1. Should a proposer find discrepancies in the proposal documents, or be in doubt as to the meaning or intent of any part thereof, he must, no later than seven (7) calendar days prior to the technical or price proposal due date, request clarification in writing from the Issuing Office. Failure to request such clarification is a waiver of any claim by the proposer for expense made necessary by reason of later interpretation of the proposal documents by the University. Requests shall include the proposal number and title.

2. Oral explanations or instructions will not be binding; only written Amendments will be binding. Amendments will be posted to eMaryland Marketplace Advantage (eMMA).

Proposers shall acknowledge receipt of all amendments in the space provided on the price proposal form.

N. CANCELLATION OF PROPOSALS

The University may cancel this request for proposal in whole or in part, at any time.

O. PROPOSAL ACCEPTANCE

1. The University reserves the right to accept or reject any and all proposals, in whole or in part, received as a result of this Request for Proposal; or to waive minor irregularities. Further, the University reserves the right to make a whole award, multiple awards, a partial award, or no award at all.

2. In order to be considered for an award, a bidder/proposer must be registered on eMaryland Marketplace Advantage (eMMA). For registration, please visit their website at: https://procurement.maryland.gov

P. ECONOMY OF PREPARATION

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

Q. MODIFICATIONS AND WITHDRAWAL OF PROPOSALS

1. Withdrawal of, or modifications to, technical or price proposals are effective only if written notice thereof is filed with the Issuing Office prior to the time such proposals https://procurement.maryland.gov/

LPTA Rev. July 2017 - 6 - 00100 are due. A notice of withdrawal or modification must be signed by an officer with authority to commit the proposer.

2. No modifications will be accepted after the time technical or price proposals are due.

R. TELEGRAPHIC/FACSIMILE PROPOSAL MODIFICATIONS

Proposers may modify their technical or price proposals by telegraphic or facsimile communication at any time prior to the due date and time set for receipt of technical or price proposals, provided such communication is received by the University's issuing office prior to such time and, provided further, that the University is satisfied that a written confirmation of the modification, over the signature of the proposer, was mailed prior to the time and date set for receipt of technical or price proposals. The communication shall not reveal the proposal price, but provide addition(s), subtraction(s), or other modifications so that the final prices, percentages or terms will not be known to the Issuing Office until the sealed price proposal is opened. If written confirmation is not received within two (2) days after the scheduled opening, no consideration will be given to the modification communication. No telephone proposal prices, price modifications or requests for withdrawal will be accepted.

S. FINANCIAL DISCLOSURE BY PERSONS DOING BUSINESS WITH THE STATE

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

T. PUBLIC INFORMATION ACT NOTICE

Offerors should give specific attention to the identification of those portions of their responses that they deem to be confidential, proprietary information or trade secrets and provide any justification why such materials, upon request, should not be disclosed by the University pursuant to the Public Information Act, codified in General Provisions Article, Title 4 of the Annotated Code of Maryland.

U. REGISTRATION AND TAX PAYMENT:

All proposers must execute the Certificate of Corporation Registration and Tax Payment portion of the Proposal Affidavit and submit it with their proposal. A proposer that cannot execute the Certification may not contract with the University.

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V. AFFIDAVITS

1. The Bid/Proposal Affidavit enclosed with this document (Attachment A) must be executed by each responding proposers and submitted with the price proposal.

2. Conflict of Interest Information/Affidavit and Disclosure enclosed with this document

(Attachment B) must be executed by each responding proposers and submitted with the price proposal.

3. The Social Responsibility Affidavit enclosed with this document (Attachment D) must be executed by each responding proposers and submitted with the price proposal.

4. Certification Regarding Investment Activities in Iran enclosed with this document

(Attachment E) must be executed by each responding proposers and submitted with the price proposal.

W. ARREARAGES (January 2004)

By submitting a response to this solicitation, the proposers 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.

The proposer is also informed that the Comptroller (per State Finance and Procurement Article § 7-222) may not, except under the conditions specified therein, issue a warrant for payment to a person if the person owes $50 or more to the State, a unit of the State government, or any governmental entity under the control of the State. Therefore, applications for payment submitted by a contractor and approved by the University for payment may not be processed by the Comptroller for payment to the contractor if an arrearage in excess of $50 exists.

X. MULTIPLE/ALTERNATIVE PROPOSALS

Proposer may not submit more than one (1) proposal in response to this request, nor may proposers submit alternative proposals.

Y. TIME OF COMPLETION AND LIQUIDATED DAMAGES

1. Work associated with this project must be completed within Two Hundred Forty (240) calendar days after notice to proceed and shall be certified substantially complete as provided in the General Terms and Conditions of the Contract.

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2. In the event the contractor fails to complete the work within Two Hundred Forty (240) calendar days, the contractor shall pay to the University the amount of Five Hundred Dollars ($500.00) per calendar day late, not as a penalty, but as liquidated damages.

In the event contractor fails to complete the work identified in the sub period, the contractor shall pay to the university the amount of Five Hundred Dollars ($500.00) per calendar day late, not as a penalty, but as liquidated damages.

Z. INCURRED EXPENSES

The University will not be responsible for any costs incurred by any vendor/firm in preparation and submittal of a proposal.

AA. DISCUSSIONS

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.

BB. DEBRIEFING OF UNSUCCESSFUL PROPOSERS

A debriefing of an unsuccessful proposer shall be conducted upon written request submitted to the Procurement Officer within ten (10) days of the date on which the proposer knew, or should have known, its proposal was unsuccessful. The debriefing shall be limited to a discussion of the proposer’s unsuccessful proposal. The debriefing will be oral and shall provide information on areas in which the proposal was deemed weak or insufficient. 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.

CC. ELECTRONIC FUNDS TRANSFER (EFT) – (June 2010)

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

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:

http://compnet.comp.state.md.us/gad/ http://compnet.comp.state.md.us/gad/

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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.

DD. ARTICLE 3 MINORITY BUSINESS ENTERPRISE PARTICIPATION: CONSTRUCTION

FORMS ARE LOCATED IN THE PRICE PROPOSAL PACKAGE

1. MINORITY BUSINESS ENTERPRISE NOTICE

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

2 PURPOSE

b. 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 is 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.

c. 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 MBE performance is in accordance with this contract, as authorized by Code of Maryland Regulations COMAR 21.11.03.

3. DEFINITION

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.

4. GOAL AND SUBGOALS

a. The minority business enterprise (MBE) participation goal is 25% of the total amount of the Contract. There are no Subgoals.

b. 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.

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c. 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 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.

d. 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.

5. SUBMISSION OF MBE PROGRAM DOCUMENTS

Forms are located in the Price Proposal Package

a. 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.

b. Documents to be submitted with initial proposals:

(1) With the Price Proposal, submit the MBE Utilization and Fair Solicitation Affidavit and MBE Participation Schedule (MBE D-1A) {Part 1 – Instructions, Part 2 – Affidavit Form, Part 3 – Participation Schedule, Part 4 – Signature}, in which the proposer acknowledges the minority business enterprise participation goal, or requests a waiver, and affirms that MBE subcontractors were treated fairly in the solicitation process. And to identify the commitment of each MBE subcontractor included in the Technical Proposal. Indicate the percent and dollar amount of the proposer’s total Contract amount that is committed to be performed by each MBE subcontractor.

(2) Within 10 work days 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 have the MBE Subcontractor submit the MBE 3A Form and you the proposal shall submit the other 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

LPTA Rev. July 2017 - 11 - 00100 officer may reject the offer per COMAR 21.11.03.10 F. If the Contract has already been awarded, the award is voidable.

(3) MBE Subcontractor Project Participation Certification (MBE D-3A), for each MBE subcontractor. (Submitted by Subcontractor)

(4) MBE Prime Contractor Project Participation Certification (MBE D-3B), if applicable.

(5) 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:

a. MBE Waiver Guidance (Attachment MBE D-1B), if applicable; and,

b. MBE Good Faith Efforts Documentation to Support Waiver

Request (Attachment MBE D-1C), if applicable; and,

c. Outreach Efforts Compliance Statement (MBE D-2).

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

c. The proposer shall submit the documents listed below in this subsection within

10) working days from notification that it is the apparent awardee or from the date of the actual award, whichever is earlier, the apparent awardee must provide the following documentation to the Procurement Officer.

(1) With the solicitation plan, submit:

i. Outreach Efforts Compliance Statement (Attachment MBE D- 1C).

ii. MBE Subcontractor Project Participation Certification (MBE D-3A), and, if applicable

iii. MBE Prime Contractor Project Participation Certification

(MBE D-3B).

6. CONTRACT ADMINISTRATION REQUIREMENTS

a. Per COMAR 21.11.03.13,the Contractor shall submit monthly to the MBE Liaison a Prime Contractor MBE Monthly Payment Report (MBE-5A), 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.

b. 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-4A), identifying the payments

LPTA Rev. July 2017 - 12 - 00100 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.

c. 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.

(1) 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.

(2) 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.

7. LIQUIDATED DAMAGES FOR NON-COMPLIANCE

a. 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.

b. 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.

c. 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

LPTA Rev. July 2017 - 13 - 00100 monthly report is submitted as required.

d. 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.

e. 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.

f. 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.

g. 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.

8. CONTRACTOR ASSISTANCE

a. 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:

MBE Liaison, Anthony Harmon University of Maryland Department of Procurement and Strategic Sourcing 2113-R Chesapeake Building College Park, Maryland 20742 Telephone: 301-405-6055

b. 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: 1-800-544-6056

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c. 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/.

d. General information regarding the minority business enterprise program is at:

http://www.mdot.maryland.gov/.

EE. MINORITY BUSINESS ENTERPRISE (MBE) NOTICE

Minority business enterprises are encouraged to respond to this solicitation.

FF. E-MARYLAND MARKETPLACE ADVANTAGE

All vendors interested in conducting business with the University of Maryland must register at:

http://procurement.maryland.gov/ Registration is free. eMaryland Marketplace Advantage is the State of Maryland’s Internet-based procurement system. Registered vendors can access bid solicitations and receive email notification when new solicitations are posted.

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

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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.”

HH. RECIPROCAL PREFERENCE

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 responder’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.”

II. VEHICLES

In general, parking is not permitted in faculty/staff lots adjacent to the buildings and is not allowed on sidewalks, landscape areas, etc. The successful contractor is responsible for all parking fees while working on campus.

JJ. SMOKING POLICY

Smoking is prohibited on campus.

Ref. http://www.president.umd.edu/policies/VI-810A.html http://www.president.umd.edu/policies/VI-810A.html

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KK. COVID 19 Polices are located at www.purchase.umd.edu

LL. “Maryland Law Prevails. This Contract shall be construed, interpreted and enforced according to the laws of the State of Maryland, without reference to its conflicts of law principles.”

END OF SECTION 00100

http://www.purchase.umd.edu/

SECTION 00200

INFORMATION AVAILABLE TO PROPOSERS

LPTA Rev. July 2017 - 1 - 00200

SECTION 00200 - INFORMATION AVAILABLE TO PROPOSERS

A. CONTRACT DOCUMENTS

1. Contract Documents consisting of Sections 00100, 00200 and 00300, the Specifications and General Requirements (Refer to Part IV), the UMCP General Terms and Conditions of the Contract, (PUR-046, 2/14/ Rev.), the contract documents (i.e., contract and bond forms, etc. found in Part V), the Loose Forms Package, and any Amendment that may be issued prior to the proposal due date, all of which describe the scope of work to be furnished, shall be furnished to all interested parties.

2. All of these materials will be included in the Contract that the University awards as a result of this Proposal, and will be among the Contract documents. The proposer, by submitting his proposal, agrees, if awarded the Contract, to be bound under the Contract to all the terms and conditions of the Contract Documents.

B. AVAILABLE RECORD DOCUMENTS

1. The University of Maryland, College Park, MD will, upon request, make accessible to proposers any available record drawings, utility plans, and other data pertinent to existing conditions to the extent that such material is available. The University, however, can offer no assurances that such drawings, property descriptions, or other data are accurate, current or complete.

2. Such documents must be used, or copied by the University of Maryland, unless permission is granted in writing from UMCP otherwise. Proposers shall assume responsibility for cost of reproduction and for replacing any damaged or lost documents.

3. Any time, expense, and effort devoted by the proposer to research of the available record documents discussed in this Section is strictly voluntary, and no compensation or extension of the proposal due date(s) will be granted as a result of this research.

END OF SECTION 00200

SECTION 00300

PROPOSALS & EVALUATION

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SECTION 00300- PROPOSAL & EVALUATION

A. TRANSMITTAL LETTER

A transmittal letter prepared on the proposer’s business stationery shall accompany the technical proposal. The purpose of this letter is to transmit the technical proposal, therefore, it should be brief, but shall confirm the proposer’s intent to be bound by the technical proposal, if accepted, and be signed by an individual authorized to bind the firm to all statements contained therein.

Please include name and email of person of whom Procurement is to contact during the evaluation process.

B. SIGNING OF FORM

The technical and price proposals, if submitted by an individual, shall be signed by the individual;

if submitted by a partnership, shall be signed by a member or members of the partnership having authority to bind the partnership; if submitted by a corporation, shall be signed by an officer, and attested by the corporate secretary or an assistant corporate secretary. If not signed by an officer, there must be attached a copy of that portion of the by-laws or a copy of a board resolution, duly certified by the corporate secretary, showing the authority of the person so signing on behalf of the corporation.

C. PROCUREMENT METHOD / BASIS FOR AWARD

The University will follow a Competitive Sealed Proposals process. The evaluation procedure for this solicitation requires submittal of separate Technical and Price Proposals. The basis for award will be to the lowest priced, technically acceptable proposer, following completion of the evaluation process described herein.

D. TECHNICAL PROPOSAL SUBMITTAL

1. The technical proposal should be prepared in a clear and precise manner. All appropriate points of the solicitation must be addressed. The requirements for the technical proposal are listed in this section.

2. Submit one original of the Technical proposal. Supplemental information may be submitted as an appendix. Technical proposals shall be organized and tabbed according to the Technical Proposal Criteria listed below. The Technical Proposal and all required forms shall be completed in ink or typed; erasures and/or alterations shall be initialed in ink by the signer.

3. The technical proposal shall be submitted as one (1) package combined together (not separated by each form) via electronic box:

https://umd.box.com/s/w2wkcw9l0tr227wn5ihnk9qea3dcqdls . The Proposal shall have the proposer’s name, RFP number, and the project name prominently displayed, together with the words, “TECHNICAL PROPOSAL.”

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4. The following items shall be included in the technical proposal:

(a) Detailed responses to the technical criteria listed in this section

(b) Submittal of all applicable forms provided in the attached Loose Forms Package.

(c) Copy of proposer’s contractor license, as per Section 00100 L 1.

(d) Attachment K – Acknowledgement of Receipt of Amendment(s).

E. TECHNICAL PROPOSAL EVALUATION

The University will establish an Evaluation Committee for the purpose of evaluating Technical Proposals submitted in response to this RFP. The Evaluation Committee, considering each proposer’s response to the Technical Proposal Evaluation Factors described herein, will evaluate Technical Proposals and may recommend the best technically qualified proposers for further consideration by the Procurement Officer. Subject to review and approval by the Procurement Officer, the listed proposers will then be classified as technically acceptable. Each technically acceptable proposer shall be considered as equal, going into the evaluation of Price Proposals.

F. TECHNICAL PROPOSAL EVALUATION FACTORS

The following information must be furnished in the Technical Proposal. Omission of any of the items noted below may result in the proposal being rejected as unacceptable. Compile the technical proposal in the same order as the Technical Proposal Evaluation Factors listed below.

Technical Proposal Evaluation Factors are listed below in relative order of importance.

1. Experience on Similar or Relevant Projects: Lighting Control Systems Integration Contractor

(a) Complete the Experience Form (Loose Forms Package; duplicate as needed) for Five (5) projects similar in magnitude and scope (operation and installation of similar equipment) to that described herein, which the proposer has successfully completed within the past ten (10) years.

(b) Qualifying reference projects shall reflect work completed successfully by the proposer, and each valued at a minimum of $800,000.

(c) As indicated on the form, provide the following information for each project:

1. The LCSI shall be an authorized dealer for the specified equipment in addition to an adequate number of additional manufacturers of system products necessary to provide a complete working system meeting the intent of the specification. System products shall include, but are not limited to the

LPTA Rev. July 17 - 3 - 00300 following:

a. Dimming Equipment

b. Control Systems

c. Lighting Fixtures

d. Power Distribution Equipment

2. A concise but detailed description of the project (s) (including project type, setting and schedule);

3. Similarities of the reference project(s) to this project;

4. Customer/Project Owner’s name, address, contact name and current telephone number (Note: All references provided will be contacted);

5. Proposal’s project manager and/or field superintendent for the reference project;

6. Contract method used (CM, GC, DB, Other);

7. The start date, the original completion date at time of award, and the actual completion date of the project; and

8. The proposal price, final project cost, and percentage increase (or decrease) for the construction contract.

EVALUATION CRITERIA: Experience that clearly demonstrates the proposer’s knowledge of, and ability to, successfully perform work similar to that contemplated by these specifications. Higher consideration will be given for experience involving projects most similar to the projects proposed by this RFP, in terms of size, scope and complexity and completed within the past (5) years. Ability to deliver projects on time.

Ability to deliver projects within cost established at award.

2. Proposer‘s Personnel

(a) Key Personnel. Complete a separate Key Personnel Form (Loose Forms Package;

duplicate as necessary) for the Project Manager, Field Superintendent, Manufacturer Certified Field Service Technicians (2 persons) and Certified Rigger

Project Manager Minimum Requirements: High School graduate with a minimum of ten (10) years of experience in the management, administration and supervision of lighting control systems projects as a Project Manager. OSHA 30-hour course in Construction Safety and Health and that each on site employee has completed the OSHA 30-hour course. Include a copy of the Project Managers OSHA 30 card

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Field Superintendent Minimum Requirements: Minimum of eight (8) years of experience in lighting control systems projects as a Field Superintendent. Considerable knowledge of electrical systems, directional boring for electrical conduit, construction materials, procedures, methods and equipment. Knowledge of safety hazards and OSHA requirements. Ability to interpret contracts plans and specifications for subcontractors. Submit three (3) related projects.

Manufactured Certified Field Service Technicians Minimum Requirements: Minimum of five (5) years of experience in lighting control systems projects as a Certified Field Service Technician on Electronic Theatre Controls. Submit three (3) related projects.

Include the following:

1. Educational background, including degrees/certifications received.

2. Work experience with the proposing firm, including duration of employment, with dates, and position(s) held;

3. Work experience with prior employers, including duration of employment, with dates, and position(s) held.

ETCP Certified Rigger:

Provide a copy of riggers ETCP Certificate (no key personnel form required)

NOTE: Personnel Commitment: If successful, the Proposer is committing these staff to the University for the project’s duration; no key personnel changes are permitted without written authorization from the University. Replacement personnel, if accepted by the University, must be equal to or better than those identified in the proposal.

EVALUATION CRITERIA: Responses that fully address all information detailed above. Higher consideration will be given if the Project Manager and Field Superintendent have worked together on previous successful project

3. References

(a) Using the information provided by the proposer (above) for the purpose of establishing experience, the University will contact all Customer/Project Owner references identified by the proposer. Proposers should verify the accuracy of reference contact information before submitting their proposal. The University will hold all reference data in strict confidence.

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(b) The University reserves the right to check other reference sources 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 submittal of this proposal, including ongoing/active projects, whether identified by the proposer…