RFP_BC-21506-B_-_Final_4.3.2026_RRB.docx

REQUEST FOR PROPOSAL

FOR

25-129 Solar Installation – Phase 1

RFP NUMBER: BC-21506-B

ISSUED: April 7, 2026

Prospective bidders/offerors are encouraged to regularly visit the University’s Department of Procurement & Strategic Sourcing website, e-Maryland Marketplace Advantage (eMMA) to ensure receipt of any addenda and other updates related to this solicitation. The links to these resources are provided below:

· UMBC Bid Board - https://procurement.umbc.edu/bid-board/

· eMaryland Marketplace Advantage (eMMA) - https://emma.maryland.gov

ISSUING OFFICE

Department of Procurement & Strategic Sourcing University of Maryland, Baltimore County Administration Building, 7th Floor 1000 Hilltop Circle Baltimore, MD 21250

MINORITY, WOMEN AND SMALL BUSINESSES ARE ENCOURGAGED TO RESPOND TO THIS SOLICITATION

Key Information Sheet & Solicitation Schedule

Note: Submit technical and financial proposals in two (2) separate files.

University of Maryland, Baltimore County (UMBC) 1000 Hilltop Circle Facilities Management (FM) Building Conference Room – FM101 (Large Room) Baltimore, Maryland 21250

Note: Attendees can park in Commons Drive then walk to the FM building (across from Lot 24 on Poplar Ave)

Submit Questions on company letterhead to: Questio.efhmdrm0jftd1vmk@u.box.com

(Note: Date may change depending on additional approvers)

The University is committed to ensuring that persons with disabilities have equally effective opportunities to participate in and benefit from the University's programs and services. Persons who may require reasonable ADA accommodations should email the Issuing Office at rbutler2@umbc.edu at least five (5) days prior to any meeting scheduled in connection with this solicitation.

NOTICE TO BIDDER/OFFERORS

To help improve the quality of bid and proposal solicitations and to make our procurement process more responsive and "business friendly," we ask that you provide comments and suggestions regarding the enclosed solicitation. Please return your comments with your bid, proposal or "no bid," response, as the case may be. Thank you for your assistance.

Project No.: BC-21506-B__ Project Title: 25-129 Solar Installation – Phase 1 If you have responded with a “no bid” please indicate the reasons below (check applicable boxes):

Other commitments preclude our participation at this time.

The subject of the solicitation is not something we normally provide.

We are inexperienced in the work/commodities required.

The specifications are either unclear or too restrictive (explain below).

The scope of work is beyond our current capacity.

Doing business with Maryland Government Agencies is simply too complicated (explain below).

We cannot be competitive (explain below).

Time allotted for completion of the bid/proposal response is insufficient.

Start-up time is insufficient.

Bonding/insurance requirements are prohibitive (explain below).

MBE requirements (explain below).

Bid/Proposal requirements (other than specifications or scope) are unreasonable or too risky (explain below)

Prior experience with University contracts were not profitable or otherwise unsatisfactory (explain below).

Payment schedule too slow.

Other:

Explanation:

If you have submitted a bid or proposal, but wish to offer suggestions or express concerns, please use the remarks section below:

Remarks:

Solicitation Name: 25-129 Solar Installation – Phase 1 Solicitation Number: BC-21506-B

TABLE OF CONTENTS

SECTION I. SPECIFICATIONS/SCOPE OF WORK….………...……………………………………..7

EXHIBITS

Exhibit D MBE Affidavits and Forms ……………………………………………………………

· D-1A MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (must be submitted with Bid/Proposal)

SECTION I. SPECIFICATIONS/SCOPE OF WORK

A. BACKGROUND

The University of Maryland, Baltimore County (UMBC), established in 1966, sits on approximately 482 acres of land. In line with the University System of Maryland (USM) and State of Maryland climate goals, the University is seeking a third party to execute a Power Purchase Agreement (PPA) to design, install, own, operate, maintain and finance solar photovoltaic systems, from which the University will purchase the power generated at a fixed rate for a period of 25 years.

B. DEFINITIONS

· COMAR: The Code of Maryland Regulations that is maintained by the Division of State Documents

· Vendor: Same as Solar Provider

· Facility: Any building or parking lot as indicated within this document

· Photovoltaic Solar System: A system of solar panels and associated equipment that is used for converting sunlight to usable electricity. The output shall be AC at all facility interfaces; all claims for production of electricity shall be assumed to be AC current.

· PJM: The Independent System Operator (ISO) of the local Electric Transmission Grid.

· PSC – The State of Maryland Public Services Commission

· Renewable Energy Certificate (REC): The renewable attributes of one Megawatt hour (MWh) of electricity generated using clean energy resources.

· Solar Provider (Solar PV Provider, PV Owner, Offeror): A private organization that finances, designs, installs, owns and operates on the UMBC campus dedicating the sole use of that electricity produced for the benefit of the University.

· University: The University of Maryland, Baltimore County (UMBC)

C. MINIMUM QUALIFICATIONS

1. The Offeror shall have at least 10 years’ experience providing the requested services and shall provide at least three (3) references from organizations of similar size and scope to the UMBC. These references should demonstrate the Offeror’s experience and successful performance in providing comparable services. Each reference shall include the organization’s name, a brief description of the services provided, the timeframe of the engagement, and contact information (including name, title, phone number, and email address) for the individual who can verify the services rendered.

2. The Offeror shall provide evidence of financial stability (e.g., audited financial statements or Dun & Bradstreet report) to ensure long-term viability.

3. The Offeror shall agree to comply with all applicable University System of Maryland and State of Maryland procurement policies, terms, and conditions.

4. UMBC reserves the right to verify all information provided, as well as to consult any other sources available including any person or persons associated with the references provided or the project cited as a reference. UMBC also reserves the right to request additional references or contact any known firm associated with the Offeror, as well as itself, even if not provided as a reference by the Offeror. References will be held in the strictest of confidence.

D. SCOPE OF WORK/SPECIFICATIONS

1. Planning and Design

A prior Solar Installation Study was completed in 2024-2025 to determine optimal sites for PV solar systems on campus (refer to Exhibit P). With this as a reference, provide a schematic design, 50% construction documents, and 100% construction documents submission for the University’s review of the following sites from the study:

· Warehouse Rooftop

· 900 Walker Avenue Rooftop

· Chesapeake Employers Insurance Arena (CEIA) Rooftop

· North Stadium Lot Option 1: Full Canopies as shown in the Solar Installation Study

· Stripping

· New parking lot lights

· EV charging stations (not in scope)

· Provide renderings of visual look of canopies

· North Stadium Lot (Option 2): Partial Canopies approximately 100 kW design generation

· Stripping

· New parking lot lights

· EV charging stations (not in scope)

· Provide renderings of visual look of canopies

Please note that the Solar Installation Study Documents are for reference only and do not constitute formal design documents. All vendors shall develop their own design documents and note any significant deviations from the Solar Installation Study in their proposals.

The submission shall include the following:

· Sizing and load analysis, including connections to the University power distribution system. Conduct appropriate diligence to execute the project and obtain necessary interconnection agreements with the applicable utilities. This also includes assisting UMBC with an Aggregate Energy Net Metering Agreement with BGE.

· PV system calculations on estimated energy output.

· PV system layout, including racking, module placement, conduit raceways, conduit sizes, module spacing, etc.

· Equipment details and descriptions.

· Verification by a Professional Engineer licensed by the State of Maryland that the systems will meet wind-load, seismic, and structural requirements. In the case of the CEIA, it also provides a rigging weight capacity before and after the solar installation. The CEIA is currently equipped with a rigging grid and life safety system, used primarily for hanging equipment for events.

· Ballasted, roof-mounted PV systems designed without roof penetrations are the preferred mounting systems. No roof penetrations will be permitted unless approved by UMBC, and then, Solar Provider shall ensure that all mounting systems accommodate roof maintenance and re-roofing with minimal disturbance to the PV system, and minimal added cost for roof repairs due to the presence of the PV system.

· Mounting details and the appropriate certifications.

· Controls, monitors and instrumentation.

· Net metering. Specify utility-grade revenue, electronic, bi-directional meters with a 0.5% or better accuracy. In addition to providing data to the Solar Provider, meters shall enable the University to independently collect and store meter data through the University’s existing Power Monitoring Expert (PME) system.

· Web-based monitoring software.

· Comply with all applicable codes and standards with regard to a Solar PV installation.

2. Construction

Construction shall include the following:

· UMBC is its own authority having jurisdiction (AHJ). For permits beyond UMBC’s jurisdiction (e.g. MDE), obtain all permits required to complete the system, including payment of any permit fees. This includes the BGE Interconnection Agreement (IA). Vendor shall incur the IA Fee and assist UMBC with submitting an amendment to the IA. This also includes assisting the University Counsel with an Aggregate Energy Net Metering Agreement with BGE.

· All materials shall be reviewed by the University through a submittal review process and installed under the supervision of personnel holding current NABCEP PV Installer certificates.

· Retain only qualified roofers to perform necessary roof penetrations, and only in conformance with the existing roof warranties. Document prior condition of each roof with photographs taken before installation begins. Repair any disturbance to roofs to original condition, at Solar Provider’s expense.

3. System Startup

Startup shall include the following:

· Performance test reports that verify that the PV systems achieve the performance requirements of the contract. System output shall be recorded at the input and output of the inverters.

· Fully executed IA and acceptance by BGE.

· Structural inspection report by a Professional Engineer licensed by the State of Maryland, verifying that final installations meet wind, seismic, and structural requirements. In the case of the CEIA, also verifying the rigging weight capacity before and after the solar installation. The CEIA is currently equipped with a rigging grid and life safety system, used primarily for hanging equipment for events.

· Employ or hire a competent electrical contractor licensed by the State of Maryland to perform all electrical installations and connections to the campus electrical distribution system.

· Provide electrical inspection certificate by a University approved third party electrical inspector as required.

For each roof-mounted system where a roof warranty exists, a letter from the manufacturer’s representative for the original roofing system, confirming that the existing roof warranty remains in full effect, and has not been compromised by the solar installation.

· Orientation and procedures for emergencies and/or shut down conditions to the systems

· Electronic copy of as-built drawings, O&M manuals, warranties, and safety procedures specific to the system at each site.

· 25-year roof penetration and building penetration warranty. Roof penetrations, if any, shall be completed in conformance with the existing roof warranties.

· Start up the solar PV system until it achieves design delivery.

· Successful registration for the renewable energy credits, as Tier 1 Solar RECs (SRECs) or highest achievable designation, with the Maryland PSC as well as the Interconnect Agreement and CPCN waiver.

4. Operation and Maintenance

· Maintain the system for the stated service life to at least include any cleaning, upgrades, repairs, etc. to ensure continuous delivery of electricity.

· Provide adequate and reliable net metering that is pre-approved by MD COMAR and the PSC for Utility Revenue Billing to facilitate the amount of electricity delivered and associated billing.

· Provide two weeks’ notice prior to scheduling any planned maintenance and repairs and outages.

· Unit power output degradation shall not exceed 20% from the design production on an annual basis during the term of the contract.

5. Financing

· Deliver electricity to the University under a long-term (25 years) PPA.

· Provide PPA rates for each site. Provide rates with and without SRECs included as $/MWh.

· Arrange and execute the full financing for the life of the project.

· Within 90 days of contract execution, provide a letter of commitment from a financial group that will underwrite the project.

· Include any federal, state, local and utility incentives into the PPA price structure of each site.

· Identify incentives that will be pursued. It is the responsibility of the Offeror to meet incentive requirements, pursue, and secure such incentives, including meeting any “safe harboring” requirements. Failure of the Offeror to secure incentives quoted in the proposal will not result in changes to PPA rates.

· UMBC will provide $600/kWDC up to $750,000 total as a one-time lump-sum payment at the initiation of work. The incentive will be split across projects as specified in Section II, to enable fair evaluation between Offerors. This funding is provided through the Maryland Energy Administration (MEA) FY2025 Higher Education Clean Energy Grant Pilot Program to support the project. This one-time payment should be included in the PPA price structure of each site.

· Management or transfer of SRECs as requested by the University.

· All the electricity provided by the solar arrays is to be provided to the University.

6. End of Service Life

· The University shall reserve the right, at the end of the contract term, to one of the following:

· Require the Vendor to decommission and remove the system from the buildings, parking garages and/or open sites.

· Offer the System to the University at a fair market value as determined by an independent appraiser approved by both parties.

· If the University elects to purchase the system(s), comprehensive re-commissioning of the system will be completed prior to the end of the PPA term, to assure the University that the system in a working condition, with a system performance efficiency of not less than 80% of design production (annual basis).

SECTION II. EVALUATION PROCEDURE

A. EVALUATION COMMITTEE

All technical proposals received by the closing deadline will be evaluated by a committee appointed by the Procurement Officer. The committee may request additional technical assistance from any source within the University System of Maryland, state government, or other sources deemed appropriate. Technical and price proposals will be evaluated independently.

B. QUALIFYING PROPOSALS

Proposals shall be initially reviewed for compliance with the solicitation requirements. Failure to comply with solicitation requirements may result in a proposal being classified as not reasonably susceptible to being selected for award. Minor irregularities in proposals that are immaterial or inconsequential in nature may be cured or waived whenever it is determined to be in the University's best interest.

C. TECHNICAL EVALUATION

1. After determining compliance with the RFP’s minimum requirements, the evaluation committee will assess and rank technical merit of each proposal in accordance with the criteria below.

2. At the discretion of the Procurement Officer following recommendations by the evaluation committee, a shortlist of qualified proposals may be established during the technical evaluation. Only shortlisted offerors would continue in the evaluation process; offerors not short-listed shall be so advised.

D. FINANCIAL EVALUATION

Price proposals will be evaluated with Technical Proposals. Submit price proposals with technical proposals.

Proposers shall complete and submit a Price Proposal form for the separately metered solar sites over a 25-year delivery period.

The University will require separate PPA price proposals for each site (as shown on the Price Proposal form) with and without SRECs included, reflecting the Offeror’s price for the transfer of SRECs in the electricity sale. SREC prices will be fixed for the term of the PPA. The University may choose to proceed with each site independently, with or without the inclusion of SREC. Any additional Environmental Attributes (other than SRECs), must be disclosed by the Offeror.

The Price Proposal Form consists of the following requested information:

· Separate fixed rate PPA price proposals ($/kWh) shall be provided for each site:

· Warehouse Rooftop

· 900 Walker Avenue Rooftop

· Chesapeake Employers Insurance Arena (CEIA) Rooftop

· North Stadium Lot Canopies (Option 1 and Option 2)

· Each price proposal should include a fixed rate price with and without SRECs over the lifetime of the PPA, reflecting the Offeror’s price for the transfer of SRECs to the University with the sale of electricity.

· 25-Year Fixed PPA Rate (without SRECs) ($/kWh)

· 25-Year Fixed PPA Rate (with SRECs) ($/kWh)

· Power generation details as follows:

· DC Power Capacity (kWDC)

· AC Power Capacity (kWAC)

· Minimum Output Performance Guarantee (kWh/yr): Each Proposer must state a quantity of expected electricity generation each year on their Cost Proposal Form. Each proposer must also guarantee a minimum output performance from the solar PV system over the course of each calendar year, which shall not be less than 90% of the expected output.

Other Cost Factors:

· Offerors should take advantage of any other incentive programs (including Federal, State, Local, and utility programs) that can reduce the cost of the system and increase the competitiveness of the bid. The Offeror should identify incentives that will be pursued, but it is the responsibility of the Offeror to meet incentive requirements, pursue, and secure such incentives, including meeting any “safe harboring” requirements. Failure of the Offeror to secure incentives quoted in the proposal will not result in changes to PPA rates.

· UMBC will provide $600/kWDC up to $750,000 total as a one-time lump-sum payment at the initiation of work. The incentive will be split across projects as follows, to enable fair evaluation between Offerors. Offerors are expected to include these payments in the PPA price structure of each site to increase the competitiveness of the bid:

· Warehouse Rooftop: $150,000

· 900 Walker Avenue Rooftop: $100,000

· Chesapeake Employers Insurance Arena (CEIA) Rooftop: $400,000

· North Stadium Lot Canopies (Option 1 and Option 2): $100,000

E. DISCUSSIONS - BEST AND FINAL OFFERS

1. The Procurement Officer may invite one or more qualified offerors for oral presentations of their proposals. Discussions or negotiations may be conducted with qualified offerors. With or without discussions, UMBC may determine whether the Offeror to be not responsible or the Offeror’s Proposal to be not reasonably susceptible of being selected for award at any time after the initial closing date for receipt of Proposals and prior to Contract award.

2. When in the best interest of the University, the Procurement Officer may request that qualified offerors revise their initial proposals by submitting best and final offers.

F. EVALUATION CRITERIA

1. Technical and financial merit shall be equally important.

2. The technical evaluation criteria are listed below in descending order of importance:

a. Offeror’s Response to RFP Objectives and Requirements

b. Past Performance and References

c. Offeror’s Capacity and Experience

d. Proposed Management and Project Personnel

e. Cost Proposal

f. Design and Construction Schedule (substantial completion must be reached by 8/4/27 and all invoices and closeout procedures complete by 10/29/27).

G. FINAL RANKING AND SELECTION

Following evaluation of the technical and price proposals, the evaluation committee will recommend to the Procurement Officer award to the responsible offeror whose proposal is determined to be the most advantageous to the University.

H. DEBRIEFING

Unsuccessful offerors may request a debriefing. If the offeror chooses to do so, the request shall be submitted in writing to the Procurement Officer within ten days after the offeror knew or should have known its proposal was unsuccessful. Debriefings shall be limited to discussion of the specific offeror's proposal only and shall not include a discussion of a competing offeror's proposal. Debriefings shall be conducted at the earliest feasible time.

SECTION III. INFORMATION REQUIRED IN ALL PROPOSALS

A. ORGANIZATION OF TECHNICAL PROPOSAL SUBMISSION

1. The technical proposal shall be submitted electronically no later than the date and time indicated on the Key Information Summary Sheet.

2. All other correspondence should be directed to the appropriate procurement representative per the instructions contained in this document. The solicitation name and number shall appear in subject line of email along with your company name.

3. Any attachment, or cumulative attachments, at or exceeding 150MB in size will not be accepted by the University email system. Zip files will also not be accepted by the University. Bidders are permitted to separate attachments into multiple but shall be clearly labeled.

4. If product literature and other publications are needed to supplement offeror’s response, include a reference to the document name and page in text, and insert the product literature, etc. following the last section of the response.

B. EXECUTIVE SUMMARY/TRANSMITTAL LETTER

Each technical proposal shall be covered by an executive summary/transmittal letter, prepared on the offeror’s business stationery, signed by an individual who is authorized to bind the firm to all statements, proposed services, and prices offered. Do not include price information in the transmittal letter.

C. TECHNICAL PROPOSAL

1. Ensure that it is page-numbered and prepared in a clear and concise manner that addresses each part of the RFP. Do not include price information in the technical proposal.

2. Organize the technical proposal in the same sequence as Section I of this RFP, and address each separate item herein, confirming compliance and describing in detail how offeror proposes to meet or exceed each requirement.

D. TECHNICAL PROPOSAL CONTENTS

1. Executive Summary/Transmittal Letter. A brief synopsis that demonstrates offeror’s understanding of the University’s requirements and highlighting offeror’s proposed solution/approach to the project, tax identification number and a statement attesting to all terms and conditions or contract terms that Offeror is taking exception to.

Executive Summary shall also include a statement identifying those portions of the technical proposal considered confidential, or containing proprietary information or trade secrets as detailed in Section V.K.

2. Technical Proposal. Narrative discussing all objectives and requirements as outlined in Section I of this RFP. Organize the technical response in the same sequence as Section I of this RFP, and address each separate item herein, confirming compliance and describing in detail how offeror proposes to meet or exceed each requirement.

3. Key Personnel. Using Exhibit H, provide the names of key offeror personnel proposed for the University’s project, if awarded, emphasizing specific experience on contracts similar in scope and volume to the requirements of this RFP. Note: offeror shall submit forms only for personnel reasonably expected to be committed to the University for the duration of the project.

Include, a minimum, information on the Key Personnel assigned to the University’s contract.

Provide lists names and titles of team members who will be assigned to this Project including assigned project roles and tasks.

In addition to Key Personnel Forms, resumes shall also be submitted for all individuals identified in list.

Clearly define the division of responsibility among members of Offeror’s team.

Indicate the number of years the firm has been in business doing the work relevant to the RFP.

Resumes should provide combined experience with designing, installing, and operating similar sized solar installations.

History of past projects that the key team members have successfully implemented within the last ten (10) years.

4. Subcontractors. List each subcontractor proposed for the University’s contract, with a complete description of its role and involvement. Duplicate the "Company Profile" form as necessary for this response.

5. Offeror Experience on Similar or Relevant Projects. Complete the Firm Experience Form (Exhibit F), providing not less than three comparable projects previously undertaken by offeror. Identify the similarities and differences between projects recently completed and the proposed project. Documented success with designing and implementing complete boiler plant control systems. The University reserves the right to make such investigations, as it deems necessary to confirm the responsibility of offeror. In the absence of information clearly indicating that the offeror is responsible, the Procurement Officer shall decide of non-responsibility. Specific requirements include a brief description of at least two (2) completed and operational solar PV projects in the past ten years with at least one project a minimum of 500kW.

The description of past projects should include:

· Project Name

· Location

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

· Proposal’s project manager and/or field superintendent for the reference project

· Contract method used (CM, GC, DB, Other)

· Project installed capacity in kW; annual capacity factor for last three years (state by year of operation).

· The proposal price and final construction cost.

6. Additional Documentation. Furnish any additional documents that may become part of the final agreement (e.g., Software License Agreements, General Terms & Conditions, etc.).

7. References. Furnish reference data for not less than three (3) comparable projects currently underway or completed, including the name and telephone number of the project manager and/or procurement officer for each. The University reserves the right to make such investigations as it deems necessary to confirm the responsibility of offeror.

8. The University reserves the right to request offeror to furnish its most recent annual financial statements or other financial report to confirm financial capacity and stability.

E. BID/PROPOSAL AFFIDAVIT

Complete the Bid/Proposal Affidavit (Exhibit E) and submit with the technical proposal.

F. MBE UTILIZATION AFFIDAVIT

The MBE Utilization Affidavit is included in this solicitation as Exhibit D. In addition to completing the MBE Utilization Affidavit, offerors are encouraged to: 1) Identify potential MBE(s), the scope of services to be performed by the MBE(s), and the percentage(s) of the total contract price to be paid for said scope of work; and 2) Include evidence of MBE certification for each MBE prime or MBE subcontractor are required of the successful offeror.

G. PERFORMANCE BOND

The successful offeror shall be required to submit a performance bond for the full amount of the first year’s contract value, and renew the bond at the beginning of each contract year. The bond shall be in the form included as Exhibit O; information regarding other forms of security allowed under the USM Procurement Policies and Procedures will be provided upon request to the Procurement Officer.

H. ADDENDA ACKNOWLEDGMENT FORM

Should one or more addenda be issued to this RFP, offerors shall acknowledge receipt of each on the Addenda Acknowledgment Form (Exhibit J). Identify each addendum by number and date, sign the form.

I. CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

Complete the Conflict of Interest Affidavit and Disclosure (Exhibit K) and enclose with the technical proposal.

SECTION IV. INFORMATION FOR OFFERORS

A. ISSUING OFFICE AND PROCUREMENT OFFICER

The sole point of contact for purposes of this RFP is the Procurement Officer or his/her representative (hereinafter referred to as Procurement Officer) noted on the Key Information Summary Sheet. Only the information communicated by the Procurement Officer shall be deemed the official position of the University; no other State or University employee, official, or representative has authority to change the requirements of this solicitation. Attempts by offeror to contact members of the evaluation committee or otherwise circumvent this procedure in any manner may be grounds for disqualification.

B. MANDATORY PRE-PROPOSAL CONFERENCE AND SITE VISIT

A pre-proposal conference and site visit will be held as noted on the Key Information Summary Sheet. Offerors shall submit questions in writing to the Procurement Officer prior to the pre-proposal conference and site visit. These are mandatory for proposal acceptance by UMBC.

To ensure adequate seating, all potential offerors should confirm attendance by returning the Pre-Proposal Conference and Site Visit Response Form (Exhibit A), not less than 48 hours in advance of the conference The University is committed to ensuring that persons with disabilities have equally effective opportunities to participate in and benefit from the University's programs and services. Persons who may require reasonable ADA accommodations should contact the Issuing Office at rbutler2@umbc.edu five (5) days prior to any meeting scheduled in connection with this solicitation.

C. QUESTIONS AND INQUIRIES

Offerors shall direct all communications regarding this solicitation to the Procurement Officer. Submit questions to the Procurement Officer, in writing (email preferred) not later than the date indicated on the Key Information Summary Sheet.

Addenda, if required, will be furnished to all potential offerors known to have received the RFP.

D. INSURANCE

1. The Offeror shall secure, pay the premiums for, and keep in force until the expirations of the contract, and any renewal thereof, adequate insurance as provided below, such insurance to specifically include liability assumed by the Bidder under the contract. Upon award, the successful Bidder shall furnish certificates of insurance.

a. Commercial General Liability Insurance including all extensions; $2,000,000 each occurrence; $2,000,000 personal injury; $2,000,000 products/completed operations; and $2,000,000 general aggregate.

b. Workmen’s Compensation Insurance and Unemployment Insurance as required by the laws of the State of Maryland.

c. If automotive equipment is used in the operation, automobile liability insurance of $1,000,000 combined single limit, each accident.

2. Each policy for liability protection, bodily injury or property damage shall specifically name, on its face, University of Maryland, Baltimore County, as an additional named insured as respects operations under the contract and premises occupied by the Contractor provided, however, with respect to the Contractor’s liability for bodily injury or property damage under items 1.a.-1.e. above, such insurance shall cover and not exclude Contractor’s liability for injury to the property of the University and to the persons or property of employees, students, faculty members, agents, officers, regents, invitees or guests of the University.

3. Each insurance policy shall contain the following endorsements: “It is understood and agreed that the Insurance Company shall notify in writing procurement officer forty-five (45) days in advance of the effective date of any reduction in or cancellation of this policy.” A certificate of each policy of insurance shall be furnished to the procurement officer. With the exception of Workmen’s Compensation, upon the request of the procurement officer, a certified true copy of each policy of insurance, including the above endorsement, manually countersigned by an authorized representative of the insurance company, shall be furnished to the procurement officer. A certificate of insurance for Workmen’s Compensation together with a properly executed endorsement for cancellation notice shall also be furnished. Following the notice of contract award, the requested certificates and policies shall be delivered as directed by the procurement officer. Notices of policy changes shall be furnished to the procurement officer.

4. All required insurance coverages shall be acquired from insurers authorized to do business in the State of Maryland and acceptable to the University. The insurers shall have a policyholders’ rating of “A-” or better, and a financial size of “Class VII” or better in the latest edition of Best’s Insurance Reports.

E. PROPOSAL DUE DATE

Proposals shall be received at the Issuing Office by the date and time indicated in the Key Information Summary Sheet. Requests for extensions will not be granted, nor will late proposals, late requests for modification, or late requests for withdrawal be considered.

Unless specifically requested, proposals submitted by fax will not be accepted.

F. DURATION OF PROPOSAL OFFER

Proposals submitted in response to this RFP are irrevocable for 120 days following the closing date for proposals or, if requested, the due date for best and final offers (BAFO). This period may be extended by mutual written agreement between the offeror and the University.

G. PROCUREMENT METHOD

This solicitation shall be conducted in accordance with the University System of Maryland (USM) Board of Regents Procurement Policies and Procedures. The procurement method is Competitive Sealed Proposals.

H. BASIS FOR AWARD

1. The University may classify a proposal as "not reasonably susceptible of being selected for award" if it is incomplete or does not meet minimum requirements.

2. The University may also determine that an offeror is non-responsible, i.e., does not have the capacity in all respects to perform the work required. Should a proposal be judged not reasonably susceptible of being selected for award, or an offeror found not responsible, the proposal will not be considered further; offeror will be notified accordingly.

3. Proposals will be evaluated by an evaluation committee. The committee will recommend award to the responsible offeror whose proposal is determined to be the most advantageous to the University, considering both technical factors and price.

4. Award pursuant to this solicitation is final only upon approval by the appropriate office of the University and/or the State of Maryland, and contract execution on behalf of the University.

I. ALTERNATE PROPOSALS

Neither multiple nor alternate proposals will be accepted.

J. MINORITY BUSINESS ENTERPRISE UTILIZATION

1. An MBE subcontract participation goal of 10% percent of the total contract dollar amount has been established for this procurement. By submitting a response to this solicitation, the bidder or offeror agrees that this percentage of the total dollar amount of the contract will be performed by certified minority business enterprises.

2. By submitting a response to this solicitation, the bidder or offeror agrees that these percentages of the total dollar amount of the contract will be performed by certified minority business enterprises as specified.

· A prime contractor — including an MBE prime contractor — shall accomplish an amount of work not less than the MBE subcontract goal with certified MBE subcontractors.

· A prime contractor comprising a joint venture that includes MBE partner(s) shall accomplish the MBE subcontract goal with certified MBE subcontractors.

3. If this solicitation includes an MBE Goal, the Contractor shall:

· Submit a report to the MBE Liaison officer once per quarter identifying all non-MBE subcontractor payments, MBE subcontractor payments, and all outstanding invoices for subcontractors. This shall include Contractor’s self-performing work if such work can be counted towards MBE participation goals.

· Maintain such records as are necessary to confirm compliance with its MBE participation obligations. These records must indicate the identity of certified minority and non-minority subcontractors employed on the Contract, type of work performed by each, and actual dollar value of work performed. Subcontract agreements documenting the work performed by all MBE participants must be retained by the Contractor and furnished to the Procurement Officer on request.

4. A current directory of certified MBEs is available through the Maryland State Department of Transportation (MDOT), Office of Minority Business Enterprise. The directory is also available on the MDOT website at http://mbe.mdot.maryland.gov/directory/. Only MDOT-Certified MBEs may be used to meet the MBE subcontracting goals.

5. All documents completed and submitted by the Offeror in connection with its certified MBE participation commitment shall be considered a part of the Contract and are hereby expressly incorporated into the Contract by reference thereto.

6. When a certified MBE firm participates as a prime contractor on a Contract, a procurement agency may count the distinct, clearly-defined portion of the work of the Contract that the certified MBE firm performs with its own workforce toward fulfilling up to, but no more than, fifty-percent (50%) of the overall MBE participation goal.

K. LIQUIDATED DAMAGES PROVISION RELATED TO MBE GOAL

This contract requires the Contractor to make good faith efforts to comply with the Minority Business Enterprise (“MBE”) Program and contract provisions. The University and the Contractor acknowledge and agree that the University will incur damages, including but not limited to, loss of goodwill, detrimental impact on economic development and diversion of internal staff resources if the Contractor does not make good faith efforts to comply with the requirements of the MBE Program and MBE contract provisions. The parties further acknowledge and agree that the damages the University might reasonably anticipate to accrue as a result of such lack of compliance are difficult to ascertain with precision.

Therefore, upon a determination by the University that the Contractor failed to make good faith efforts to comply with one or more of the specified MBE Program requirements or contract provisions, the Contractor agrees to pay liquidated damages to the University at the rates set forth below. The Contractor expressly agrees that the University may withhold payment on any invoices as a set-off against liquidated damages owed. The Contractor further agrees that for each specified violation, the agreed upon liquidated damages are reasonably proximate to the loss the University is anticipated to incur as a result of such violation.

1. Failure to submit each monthly payment report in full compliance with COMAR 21.11.03.13B (3): $24.93 per day until the monthly report is submitted as required.

2. Failure to include in its agreements with MBE subcontractors a provision requiring submission of payment reports in full compliance with COMAR 21.11.03.13B (4): $ 87.24 per MBE subcontractor.

3. Failure to comply with COMAR 21.11.03.12 in terminating, canceling, or changing the scope of work/value of a contract with an MBE subcontractor and/or amendment of the MBE participation schedule: 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.

4. Failure to meet the Contractor’s total MBE participation goal and sub-goal commitments: the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation actually achieved.

Notwithstanding the use of liquidated damages, the University reserves the right to terminate the contract and exercise all other rights and remedies provided in the contract or by law.

SECTION V. GENERAL INFORMATION FOR OFFERORS

A. PURPOSE

The purpose of this solicitation is to provide information to offerors interested in preparing and submitting proposals to meet the requirements contained herein. Offerors shall familiarize themselves with each section and subsection of this document.

B. ADDENDA TO THE RFP

The University reserves the right to amend this solicitation at any time prior to the proposal due date. If it becomes necessary to amend any part of this solicitation, the Procurement Officer will furnish addenda to all prospective offerors known to the University to have received a copy of the RFP.

Each Offeror shall acknowledge the receipt of all addenda issued by completing Exhibit J, Acknowledgement of Receipt of Addenda, and enclosing it with the technical proposal.

C. PRE-PROPOSAL MODIFICATION OR WITHDRAWAL OF OFFERS

Proposals may be modified or withdrawn by written notice received at the Issuing Office at any time before the proposal due date and time.

D. CANCELLATION OF SOLICITATION/REJECTION OF ALL PROPOSALS

The University reserves the right to cancel this solicitation, to accept or reject any or all proposals, in whole or in part, received in response to this solicitation, and to waive or permit cure of minor irregularities as its best interests may require.

E. DISCUSSIONS

The University reserves the right to conduct discussions with all qualified or potentially qualified offerors, in any matter necessary to serve its best interests. The University also reserves the right to award a contract based upon written proposals received, without discussions or negotiations.

F. ORAL PRESENTATIONS

Offerors may be required to make oral presentations to University representatives. The Procurement Office will provide notice of the time and place for presentations.

G. INCURRED EXPENSES

The University assumes no responsibility for expenses incurred by offeror in preparing and submitting a proposal, making an oral presentation, or participating in discussions or any other activity in response to this RFP.

H. ARREARAGES

By submitting a response to this RFP, offeror 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 in arrears during the term of the contract if selected for award.

I. VERIFICATION OF REGISTRATION AND TAX PAYMENT

Each prospective offeror is encouraged to ensure that it is appropriately registered to do business in the State of Maryland, and in good standing with respect to taxes, personal property returns, unemployment insurance, etc., before the closing date. Failure to complete registration with the State Department of Assessments and Taxation (SDAT) may disqualify an otherwise successful offeror from recommendation for contract award.

J. ECONOMY OF PREPARATION

Proposals should be prepared simply and economically, providing a straight-forward, concise description of the offeror's ability to fulfill the requirements of this solicitation.

K. PUBLIC INFORMATION ACT NOTICE

Offeror shall give specific attention to identification of those portions of its proposal considered confidential, or containing proprietary information or trade secrets. Upon request, offeror shall provide justification why such material should not be disclosed by the University under the Public Information Act, Title 4, Subtitle 3 of the General Provisions Article, Annotated Code of Maryland.

L. EXECUTION OF PROPOSALS

Proposals shall be electronic as follows, depending on the offeror's form of business organization:

1. Sole Proprietorship. Proprietor shall sign full name, with address.

2. Partnership and Joint Venture. Submit the proposal in the name of the partnership or joint venture. Clearly state the partnership name and the identity of each general partner, and execute all affidavits and certificates on behalf of the partnership, or on behalf of each general partner. No provision of any agreement among partners will be binding on the University unless it is disclosed in the offeror’s proposal. Reasonable evidence satisfactory to the University of the authority of one partner to bind other purported partners is required. It is recommended that the proposal contain a copy of the partnership agreement, if one exists. If no partnership agreement exists, and if the number of general partners is reasonably small, each general partner should execute all required documents included in the proposal. At the University's option, all general partners may be required to sign the proposal. Failure to present the University with satisfactory information concerning a purported partnership or joint venture may be grounds for finding a proposal unacceptable.

3. Corporation. An officer or authorized agent of the corporation shall sign with full name, indicate title, and include the name and address of the corporation.

In the case of an authorized agent, enclose a letter from an officer of the corporation authorizing said individual to act on behalf of the corporation.

M.