RFP For Archaeological Consultant For MHT (2).docx

NOTICE TO INTERESTED PARTIES

The Maryland Historical Trust (MHT), which operates in the Maryland Department of Planning, is seeking an individual or firm to provide services as outlined in the attached Request for Proposals (RFP). Offerors who meet the expertise and experience requirements and are interested in submitting a proposal to provide such services must submit a proposal to the Procurement Officer to the e-mail address listed below. The entire proposal must be delivered by email and received no later than 5:00 PM, April 1, 2026. Any proposals received after this date will not be accepted.

The Procurement Officer for this Contract is:

Pam Lacey Maryland Department of Planning Phone: 410.767.4486 (e-mail inquiries preferred) E-mail: pam.lacey@maryland.gov

The Contract Administrator for this Contract is:

The Project Monitor for this procurement is:

Stephanie Soder, Research Archaeologist Maryland Historical Trust 100 Community Place, 3rd Floor Crownsville, MD 21032 Phone: 410.697.9552 Email: stephanie.soder@maryland.gov

The sole point of contact for questions/matters relating to this procurement and the contract to be awarded pursuant to this RFP will be the Procurement Officer. Offerors shall contact the Procurement Officer if they are unable to fulfill any provision of the proposed contract (see Form Contract at Attachment D) or if there is any provision which requires further interpretation.

All questions related to this RFP must be received by e-mail to the Procurement Officer by 5:00 PM, March 18, 2026. All questions received before the deadline will be answered at one time, after the deadline passes. Responses will be posted to eMMA (eMaryland Marketplace Advantage).

Should any vendor decide not to submit a proposal in response to this RFP for any reason, they are requested to complete the No Reply Form at Attachment C.

This procurement is a Category II, Small Procurement as defined in Code of Maryland Regulations (COMAR) 21.05.07.04 at: https://dsd.maryland.gov/regulations/Pages/21.05.07.04.aspx

The Maryland Historical Trust, through the Maryland Department of Planning, will issue a contract to the successful Offeror.

STATE OF MARYLAND

MARYLAND HISTORICAL TRUST

REQUEST FOR PROPOSALS

Date Issued: 3/3/2026

CONSULTANT SERVICES – ARCHAEOLOGICAL SURVEY OF REVOLUTIONARY WAR ENCAMPMENT SITES IN CECIL AND HARFORD COUNTIES

I. PURPOSE

The purpose of this Request for Proposals (“RFP”) is to obtain a qualified consultant or consultant team to conduct archaeological research and excavation at two sites, one in Cecil County and one in Harford County, Maryland. The Maryland Historical Trust received a National Park Service (NPS) FFY23 American Battlefield Protection Program Grant (the “ABPP Grant”) which will fund the Project “Reconstructing the Revolution-era Cultural Landscapes of the Washington-Rochambeau Military Encampments, Cecil and Harford Counties, Maryland.”

The contract term shall start upon finalization of contract with the selected consultant or consultant team, and the Services are to be completed no later than May 3, 2027.

II. SCOPE OF SERVICES

The Offeror must provide the following consulting services (collectively, the “Services”):

1. Conduct Phase I Archaeological Investigations that includes “ground truthing” of two (2) encampment sites, one (1) in Harford County and one (1) in Cecil County.

a. Work should include a minimum of ten (10) 1 meter x 1 meter test units (or equivalent area) between the two sites

b. Anomalies will be excavated to confirm the presence of cultural features anticipated by geophysical remote sensing finds and assess their age and integrity, not fully excavated.

c. Volunteers will be invited to participate in the archaeological investigations. It is assumed that they will comprise at least one quarter (25%) of the field technician labor pool, if not more.

i. An MHT staff member will function in the role of “volunteer coordinator” send communication, instruct, and organize the participation of any and all volunteers.

ii. Volunteers must be supervised by Principal Investigator or another qualified archaeologist, which can include the MHT volunteer coordinator, while conducting fieldwork.

2. Prepare two Maryland Inventory of Historic Properties (MIHP) Archaeology Forms, one for each site, in accordance with the Standards and Guidelines for Archaeological Survey and Excavation in Maryland (2026). The MIHP Forms will update and expand existing MIHP site documentation.

3. Conduct post-field laboratory work including washing, labeling, and cataloguing artifacts. Artifacts will be curated following the Technical Update No. 1 of the Standards and Guidelines for Archaeological Investigations in Maryland: Collections and Conservation Standards (2022).

4. Draft a single Technical Report addressing both sites, incorporating the results of non-invasive geophysical surveys conducted by the Maryland Historical Trust and the Phase I excavations completed by the consultant. Reports must meet the Standards and Guidelines for Archaeological Survey and Excavation in Maryland (2026).

Project deliverables will include the following (the “Project Deliverables”):

1. Two (2) MIHP Archaeology Forms, one (1) for each site, with all attendant documentation, in both hard copy and digital format saved on an archival CD.

2. Final technical report to include previous geophysical survey conducted by MHT and the Phase I excavations

a. Geophysical survey data will be provided by MHT

5. Conduct one (1) public program with stakeholders to discuss the survey results.

6. Attend project meetings with MHT staff as necessary.

7. Address any comments from MHT and NPS reviewers in all final Project Deliverables.

8. Prepare brief periodic reports to meet NPS reporting requirements and create a final report on the Project (the “Final Project Report”), including a brief narrative about the overall scope and Project Deliverables, any challenges incurred, and recommendations for future related work, in the format required by MHT.

9. Submit invoices and documentation necessary for MHT to obtain grant reimbursement from NPS.

III. PROFESSIONAL QUALIFICATIONS AND EXPERIENCE REQUIREMENTS

A. The Offeror may be an individual, a firm, or a team of individuals meeting the outlined qualifications.

B. The Project Lead must meet the Secretary of the Interior’s Professional Qualification Standards in the fields of Archeology, as described therein and found at: Archeology and Historic Preservation; Secretary of the Interior's Standards and Guidelines (nps.gov) (pages 24-25 of pdf). Offerors should clearly state which Professional Qualification Standard they meet and cite education and experience meeting the requirements.

a. The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus:

i. At least one year of full-time professional experience or equivalent specialized training in archeological research, administration or management;

ii. At least four months of supervised field and analytic experience in general North American archeology; and

iii. Demonstrated ability to carry research to completion.

iv. In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period.

C. Offerors must demonstrate experience in the areas of Maryland history and archaeology D. Offerors must have experience in the documentation of historic and cultural resources and the preparation of archaeological survey forms.

E. Offerors should clearly state their experience in these areas and cite current and previous projects in the Technical Proposal.

IV. PROPOSAL FORMAT

Proposals to provide the Services listed above must be submitted by email to the Procurement Officer, Pam Lacey, listed in the previous section. The technical proposal should be labeled “Technical Proposal: RFP – Consultant Services – Archaeological Survey of Revolutionary War Encampment Sites” and submitted in a separate email from the financial proposal labeled as “Financial Proposal: RFP – Consultant Services – Archaeological Survey of Revolutionary War Encampment Sites”, as outlined below.

The proposals shall contain the following:

A. TECHNICAL PROPOSAL

The Technical Proposal must be submitted as a single PDF file containing these components in the following order:

1. Letter of Transmittal meeting the following requirements:

a. Submitted on the Offeror’s business stationery.

b. Dated with date of submission to MHT.

c. Signed by an individual who is authorized to obligate the Offeror to providing the Services and fulfilling the requirements stated in the RFP should the Offeror’s proposal be selected. Include typed name and title with signature.

d. Lists all amendments and addenda issued with respect to the RFP and acknowledges receipt of same.

e. States the date that Offeror’s practice and/or firm was established and the office location/business address.

f. States the Offeror’s SDAT Department ID number. (This may be looked up at: https://egov.maryland.gov/BusinessExpress/EntitySearch)

g. States the Offeror’s EIN number.

2. Project Staffing List meeting the following requirements:

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

b. Identifies the Project Lead / Principal Consultant.

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

d. Identifies the names and titles of any team members who are currently employed by the State of Maryland. Please note: Any team members who are currently employed by the State of Maryland MUST have their secondary employment with the Offeror reviewed and approved by the Maryland State Ethics Commission (SEC) for any actual or potential conflicts of interest. The SEC's Form 25 (Request for Review of Secondary Employment) and a secondary employment memo can be found at this link: https://ethics.maryland.gov/employeeoffcials/secondary-employment/. The SEC’s determination MUST be attached to the Offeror’s Technical Proposal.

3. Resumes meeting the following requirements:

4. Project List meeting the following requirements:

a. Includes comparable projects underway or completed, with a brief description of the project scope and deliverables, stating dates of work performed and whether the Offeror was the prime consultant or a sub-consultant.

b. Indicates which of the Offeror’s staff members from #2 participated in each of the listed projects and state what their roles were.

5. Reference List meeting the following requirements:

a. Includes three (3) client references for whom Offeror has carried out comparable work. The list must include:

i. Name and address of client or client company for whom the work was performed.

ii. Name, title, phone number, and e-mail address of individual providing reference (indicating whether the reference is still affiliated with the client or client company).

6. Proposed Work Program meeting the following requirements:

7. Proposed Project Schedule meeting the following requirements:

8. Completed Attachment B (Proposal Affidavit). Ensure that no fields are left blank; insert “N/A” where appropriate.

B. FINANCIAL PROPOSAL

The Financial Proposal shall be submitted on the form attached hereto as Attachment A, in a separate email from the Technical Proposal, and signed by an official authorized to bind the Offeror. A submitted Financial Proposal shall be irrevocable until the execution of a contract awarded as a result of this RFP.

The Financial Proposal will be evaluated on the total price for all Services. The price shall include all travel and incidental costs for the Project.

V. EVALUATION CRITERIA

Each Technical Proposal will be evaluated based on the following criteria in descending order of importance.

A. Qualifications B. Expertise as demonstrated on comparable projects (sample work may be requested at the discretion of MHT) C. Proposed Work Program D. Proposed Project Schedule E. References

VI. BASIS OF AWARD

MHT may, at its sole option, enter into discussions with each responsive Offeror and ask each Offeror to submit “best and final offers” prior to making an award.

Upon completion of any discussions and upon receipt of any “best and final offers” submitted as a result of such discussions, award of the contract will be made to the responsive Offeror whose proposal is determined to be the most advantageous to MHT.

AN OFFEROR’S TECHNICAL PROPOSAL WILL BE WEIGHED

MORE HEAVILY THAN THE OFFEROR’S FINANCIAL PROPOSAL.

VII. PROPOSALS DUE DATE

Both the Technical Proposal and the Financial Proposal must be received by e-mail no later than 5:00 PM, April 1, 2026

Proposals that arrive after this time and date will not be accepted.

VIII. GENERAL PROVISIONS

A. INCURRED EXPENSES

The State of Maryland is not responsible for any costs incurred by any Offeror in preparing and submitting a proposal in response to this RFP.

B. PUBLIC INFORMATION ACT NOTICE

Offerors should clearly identify those portions of their proposals that they deem to be trade secrets, proprietary or confidential commercial information, or confidential financial information, , and provide any justification why such materials should not be disclosed by the State under Maryland’s Public Information Act (“PIA”), Title 4 of the General Provisions Article , Annotated Code of Maryland. The portions of the proposals the Offeror deems to be confidential should be identified by page and section number in the Technical Proposal and if applicable, separately in the Financial Proposal.

C. MINORITY BUSINESS ENTERPRISE NOTICE

Minority business enterprises are encouraged to respond to this RFP and to obtain certification. Questions relevant to certification should be directed to the Maryland Department of Transportation – Office of Minority Business Enterprise & Equal Opportunity at (410) 865-1241 or the Governor’s Office of Small, Minority and Women Business Affairs at (410) 697-9600.

Note: A Minority Business Enterprise (MBE / Woman Owned Business Enterprise (WBE) / Veteran Owned Small Business Enterprise (VSBE) Primary Goal or Subcontracting Goal has not been established for this RFP.

D. COMPLIANCE WITH LAW / ARREARAGES

By submitting a proposal in response to this RFP, the Offeror, if selected for award, agrees that it will comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to its activities and obligations under the contract.

By submitting a proposal in response to this RFP, the Offeror represents and warrants that it is not in arrears with respect to the payment of monies due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and if selected for award, that it shall not become in arrears during the term of the contract.

Verification of Registration and Tax Payment: The winning bidder must be in good standing with the State Department of Assessments and Taxation. Before a business entity can do business in the State, it shall be registered and in good standing with the Department of Assessments and Taxation. It is strongly recommended that any potential offeror complete registration and ensure that it is in good standing prior to the due date for receipt of proposals. An offeror’s failure to complete registration and be in good standing with the Department of Assessments and Taxation may disqualify an otherwise successful offeror from final consideration and recommendation for contract award.

E. CONFLICTS OF INTEREST

The Offeror shall disclose in writing to MHT and propose reasonable solutions to resolve any actual or potential conflicts of interest which presently exist, or which may arise if the Offeror is selected for contract award.

F. FALSE STATEMENTS

Offerors are advised that Section 11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland provides as follows:

a. In connection with a procurement contract, a person may not willfully:

i. Falsify, conceal, or suppress a material fact by any scheme or device;

ii. Make a false or fraudulent statement or representation of a material fact; or

iii. Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

b. A person may not aid or conspire with another person to commit an act under subsection (a) of this section.

c. A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

G. INVOICES

1. The consultant awarded the contract shall e-mail the original of each invoice and signed authorization to invoice to the Project Monitor and the Contract Administrator, Stella Olanipekun-Ajayi, stellao.olanipekun@maryland.gov.

2. All invoices for Services shall be verified by the consultant as accurate at the time of submission.

3. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR 21.06.09.01 and.02) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

a. Consultant name and address;

b. Remittance address;

c. Federal taxpayer identification (FEIN) number, or a Department ID Number issued by SDAT for sole proprietors, as appropriate;

d. Invoice period (i.e. time period during which services covered by invoice were performed);

e. Invoice date;

f. Invoice number;

g. State assigned contract number;

h. State assigned (Blanket) Purchase Order number(s);

i. Description of Services billed for;

j. Amount due; and

k. Any additional documentation required by regulation, the contract, or MHT.

4. Invoices that contain both fixed price and time and material items shall clearly identify each item as either fixed price or time and material billing.

5. MHT reserves the right to reduce or withhold contract payment in the event the consultant does not provide all required deliverables within the time frame specified in the contract, or otherwise breaches the terms and conditions of the contract until such time as the consultant brings itself into full compliance with the contract.

6. Any protest or dispute related to this RFP or the contract award shall be resolved in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

7. The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The consultant, however, is not exempt from such sales and use taxes and may be liable for the same.

8. Invoice for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the contract. In no event shall any invoice be submitted later than 60 calendar days from the contract termination date.

9. The consultant shall submit invoices in accordance with the schedule established in the contract.

10. Payment for deliverables will only be made upon completion and MHT’s acceptance of the Project Deliverables.

H. MISCELLANEOUS

1. MHT reserves the right to cancel this RFP, accept or reject any and all proposals, in whole or in part, received in response to this RFP, waive or permit the cure of minor irregularities, and conduct discussions with all qualified or potentially qualified Offerors in any manner necessary to serve the best interests of the State.

2. The contract awarded pursuant to this RFP will be subject to compliance with all applicable State of Maryland laws including regulations pertaining to non-discrimination, equal employment opportunity, records, audit, reporting, and procurement.

3. Offerors are advised that, upon request for a disclosure of records from a third party, the Procurement Officer is required to comply with the PIA and the Office of the Attorney General’s determination whether such records may be disclosed.

4. By submitting a proposal in response to this RFP, the Offeror, if selected for award, shall be deemed to have accepted the terms and conditions of this RFP. Any exceptions to the terms and conditions of the RFP shall be clearly identified in the Technical Proposal. All exceptions will be taken into consideration when evaluating the Offeror’s proposal. MHT reserves the right to accept or reject any exceptions.

5. A proposal submitted by the Offeror must be accompanied by a complete Proposal Affidavit attached hereto as Attachment B (Proposal Affidavit).

6. The successful Offeror will be required to complete a Contract Affidavit in the form attached hereto as Attachment D (Contract Affidavit). The Contract Affidavit must be provided within five (5) business days of notification of award.

SCHEDULE OF ATTACHMENTS:

Attachment A – FINANCIAL PROPOSAL FORM Attachment B – BID/PROPOSAL AFFIDAVIT Attachment C – NO REPLY FORM Attachment D – FORM CONTRACT WITH CONTRACT AFFIDAVIT

Attachment A

TITLE: CONSULTANT SERVICES – ARCHAEOLOGICAL SURVEY OF REVOLUTIONARY WAR ENCAMPMENT SITES IN CECIL AND HARFORD COUNTIES

FINANCIAL PROPOSAL FORM

1. Phase I Archaeological Investigation at one (1) site in Cecil County and one (1) site in Harford County, as outlined in Scope of Services

2. Written technical report on previous archaeological survey and Phase I excavations, as outlined in Scope of Services

3. Two (2) MIHP Archaeology forms with attendant documentation, as outlined in Scope of Services

4. Preparation of artifact assemblage for curation in the Maryland Archaeological Conservation Laboratory (MAC Lab), following standards outlined in Scope of Services (note: MAC Lab artifact curation fee will be waived)

5. One (1) public program with stakeholders to discuss the survey results

TOTAL PRICE

By:

Signature of Authorized Representative

Printed Name:

Printed Name of Authorized Representative

Title:

Title

Date:

Date

Attachment B

PROPOSAL AFFIDAVIT

A. AUTHORITY

I hereby affirm that I, _____________________ (name of affiant) am the ______________ (title) and duly authorized representative of _________________ (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned Bidder/Offeror hereby certifies and agrees that the following information is correct: In preparing its Bid/proposal on this project, the Bidder/Offeror has considered all Bid/proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in “discrimination” as defined in § 19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland. “Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test, disability, or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners. “Discrimination” also includes retaliating against any person or other entity for reporting any incident of “discrimination”. Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal. As part of its Bid/proposal, the Bidder/Offeror herewith submits a list of all instances within the past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the Bidder/Offeror discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder/Offeror agrees to comply in all respects with the State’s Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.

The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, § 14-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a Bid/proposal and:

Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal.

B-2. CERTIFICATION REGARDING VETERAN-OWNED SMALL BUSINESS ENTERPRISES.

The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, § 14-605, Annotated Code of Maryland, which provides that a person may not:

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, § 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

D. AFFIRMATION REGARDING OTHER CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies, has:

E. AFFIRMATION REGARDING DEBARMENT

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities, including obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the details of each person’s involvement in any activity that formed the grounds of the debarment or suspension).

F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES

I FURTHER AFFIRM THAT:

G. SUBCONTRACT AFFIRMATION

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction.

H. AFFIRMATION REGARDING COLLUSION

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business has:

I FURTHER AFFIRM THAT:

Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, State Department of Assessments and Taxation, and Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.

J. CONTINGENT FEES

I FURTHER AFFIRM THAT:

The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract.

L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR SUPPLIES AND SERVICES CONTRACTS)

I FURTHER AFFIRM THAT:

The business has complied with the provisions of State Finance and Procurement Article, §14-413, Annotated Code of Maryland governing proper disclosure of certain information regarding conflict minerals originating in the Democratic Republic of Congo or its neighboring countries as required by federal law.

M. PROHIBITING DISCRIMINATORY BOYCOTTS OF ISRAEL

I FURTHER AFFIRM THAT:

In preparing its bid/proposal on this project, the Bidder/Offeror has considered all bid/proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor, vendor, or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel and its territories. The Bidder/Offeror also has not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. Without limiting any other provision of the solicitation for bid/proposals for this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the bid/proposal.

N. I FURTHER AFFIRM THAT:

Any claims of environmental attributes made relating to a product or service included in the bid or bid/proposal are consistent with the Federal Trade Commission’s Guides for the Use of Environmental Marketing Claims as provided in 16 C.F.R. §260, that apply to claims about the environmental attributes of a product, package or service in connection with the marketing, offering for sale, or sale of such item or service.

O. ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this Bid/proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.

By:

Signature of Authorized Representative and Affiant

Printed Name:

Printed Name of Authorized Representative and Affiant

Title:

Title

Date:

Date

Attachment C

NO REPLY FORM

INDIVIDUAL/FIRM NAME: ____________________________________________________________________ PROJECT: Consultant Services – Archaeological Survey of Revolutionary War Encampment Sites in Cecil and Harford Counties.

It is important that the Maryland Historical Trust receive a reply from all invited firms. There is no obligation to submit a quotation or proposal; however, should you choose not to make a proposal, completion of this form will assist us in the future. If, for any reason, you are not submitting a proposal on this Request, we ask that you check one of more reasons below or explain briefly in the space provided.

Please return the completed form to:

Pam Lacey Maryland Department of Planning Phone: 410.767.4486 E-mail: pam.lacey@maryland.gov

We hereby submit a “No Reply” because (check any that apply):

Name:_____________________________________

Title:______________________________________

Signature: __________________________________

Date: _____________________________________

Attachment D

FORM CONTRACT WITH CONTRACT AFFIDAVIT

Begins on next page

MARYLAND DEPARTMENT OF PLANNING

SERVICES PROCUREMENT CONTRACT

This agreement (the “Contract”) is made by and between the Maryland Historical Trust, an instrumentality of the State of Maryland (“MHT”) within the Maryland Department of Planning (“MDP”), a principal Department of the State of Maryland (the "State"), and __________________________ ("Contractor"), a corporation organized and existing under the laws of ____________, qualified or registered to do business in Maryland, with a mailing address of _____________________________________________. This Contract is effective as of the date of execution by MHT (the “Effective Date”).

WHEREAS, MHT published a Request for Proposals No. ___________ on _________, soliciting offers for the services described therein to benefit MHT (the “Solicitation”);

WHEREAS, Contractor submitted the winning proposal consisting of a financial proposal dated __________, and a technical proposal dated ______ in response to the Solicitation ([together, ]the “Proposal”);

WHEREAS, MHT wishes to enter into this Contract with Contractor pursuant to which MHT will purchase and Contractor will furnish the services or products described below; and

NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, MHT and Contractor hereby agree as follows:

1. Type of Contract.

This Contract shall be a firm fixed-price contract as defined in the Code of Maryland Regulations (COMAR) Section 21.06.03.02. The Contractor certifies that the compensation information set forth in Section 4 below is accurate, complete and current as of the Effective Date.

2. Scope of Work.

2.1 Contractor agrees to provide MHT with the deliverables, programs, goods, or services (the “Services”), as described in the Solicitation and the Proposal, and any amendments thereto

2.2 The Contractor shall perform the Services with that standard of care, skill, and diligence normally provided by a Contractor in the performance of services similar to the services hereunder.

2.3 The Contractor shall perform in accordance with this Contract and Exhibits A-D listed below, which are incorporated herein by reference. If there is any conflict between this Contract and the exhibits, the terms of the Contract shall control. If there is any conflict among the exhibits, the following order of precedence shall determine the prevailing provision:

Exhibit A – The Solicitation (RFP) Exhibit B – The Technical Proposal Exhibit C – The Financial Proposal Exhibit D] – The Contract Affidavit

3. Term.

3.1 The term of this Contract shall be for a period of ______( ) years beginning _________________ and ending on ____________ , unless extended or earlier terminated pursuant to the terms of the Contract.

3.2 Renewal. This Contract may be renewed for ___ options, which may be exercised at the sole discretion of MHT at the prices established in the Contract.

4. Compensation.

4.1 MHT agrees to pay Contractor a sum not to exceed _______________ ($__________________) which shall be payable in accordance with the schedule set forth in Section 4.2.

4.2 Compensation Payment Schedule. MHT shall pay Contractor upon satisfactory completion of the Services, within 15 days of MHT’s receipt of a proper invoice.

4.3 Method of Payment; Payment of State Obligations.

4.3.1 Unless a payment is unauthorized, deferred, delayed, or set-off under COMAR 21.02.07, payments to the Contractor pursuant to this Contract shall be made no later than 30 days after the State’s receipt of a proper invoice from the Contractor as described in Section 4.4.

4.3.2 The Contractor may be eligible to receive late payment interest at the rate of 9% per annum if:

4.3.2.1 The Contractor submits an invoice for the late payment interest within thirty (30) days after the date of the State’s payment of the amount on which the interest accrued; and

4.3.2.2 A contract claim has not been filed under State Finance and Procurement Article, Title 15, Subtitle 2, Annotated Code of Maryland.

4.3.3 The State is not liable for interest:

4.3.3.1 Accruing more than one year after the 31st day after the agency receives the proper invoice; or

4.3.3.2 On any amount representing unpaid interest. Charges for late payment of invoices are authorized only as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland.

4.3.4 Final payment under this Contract will not be made until after certification is received from the Comptroller of the State that all taxes have been paid.

4.3.5 Electronic funds transfer shall be used by the State to pay Contractor pursuant to this Contract and any other State payments due Contractor unless the State Comptroller’s Office grants Contractor an exemption.

4.4 Contractor's Invoices.

4.4.1 A proper invoice shall include separate labor and parts and material costs, and any other documentation requested by MHT. The Contractor shall submit invoices promptly, in no event later than thirty (30) days after the date Services have been performed. All invoices shall be submitted to the Fiscal and Personnel Manager, Maryland Historical Trust, 100 Community Place, Crownsville, MD 21032-2023. Electronic invoices shall be sent to stellao.olanipekun@maryland.gov with ATTN: Fiscal and Personnel Manager clearly indicated in the email.

4.4.2 Contractor agrees to include on the face of all invoices billed to MHT, Contractor’s Federal Taxpayer Identification Number, which is the Federal Employer Identification Number for business entities.

4.4.3. The Contractor’s State Department of Assessment and Taxation number is ___________________

5. Remedies; Termination.

5.1 Multi-Year Contract; Termination for Non-appropriation If the State fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be cancelled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either MHT’s rights or the Contractor's rights under any termination clause in this Contract.