RFP No. 151489-SA DOTS Special Events Staffing.pdf

Affidavits over 200K; V.1 Revised 11-29-16 1

University of Maryland

College Park

Request for Proposal (RFP) No. 151489-SA

For DOTS Special Events Staffing

Issue Date: June 18, 2024 Pre-Proposal Conference: N/A Deadline for Questions: June 15, 2024 at 3:00 PM Proposal Due Date: July 9, 2024 at 3:00 PM

Contractors who have received this document from a source other than the Issuing Office should immediately contact the Issuing Office and provide their name and mailing address in order that amendments to the RFP or other communications can be sent to them. Contractors who fail to notify the Issuing Office with this information assume complete responsibility in the event that they do not receive communications from the Issuing Office prior to the closing date.

Contractors are cautioned not to make changes to any of the terms and conditions in this solicitation. Doing so may render a Contractor’s proposal unacceptable and subject to rejection. Questions and comments may be addressed to the point of contact identified in Section A-1, Item 9 of this document.

UNIVERSITY OF MARYLAND RFP# 151489-SA

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TABLE OF CONTENTS

SECTION 1

Introduction Background Information

SECTION 2

Instructions and Notices to Contractors

2.1 Issuing Office

2.2 Pre-Proposal Conference

2.3 Questions

2.4 Submission of Proposals

2.5 Due Date and Time

2.6 Late Proposals

2.7 Durations of Proposal Offer

2.8 Amendments to the RFP

2.9 Alternate Proposals

2.10 Economy of Preparation

2.11 Unable to Propose

2.12 Public Information Act Notice

2.13 Cancellation of the RFP

2.14 Technical Proposal

2.15 ECONOMIC BENEFITS TO THE STATE OF MARYLAND

SECTION 3

Evaluation, Award, Contract Formation, Debriefing of Unsuccessful Proposers, Protests and Claims, Contract Implementation Meeting

3.1 Evaluation of Proposal

3.2 Evidence of Responsibility

3.3 Solicitation, Proposal, Acceptance, Award and Discussion

3.4 Negotiation

3.5 Basis of Award

3.6 Formation of Agreement/Contract with Successful Contractor

3.7 Debriefing of Unsuccessful Proposers

3.8 Protests and Claims

3.9 Contract Implementation Meeting

SECTION 4

Mandatory Requirements

4.1 Contractor Data

4.2 Contractor Qualifications

4.3 Minority Business Enterprise (MBE) Participation

4.4 Technical Requirements Matrix/Specifications/Scope of Work

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SECTION 5

Proposal and Contract Terms and Conditions Affidavits Corporate Diversity Addendum Sensitive and Secure Data Addendum Insurance Addendum Certification Regarding Investment Activities In Iran Exhibit 1

Exhibit 2

Exhibit 3

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SECTION 1

Introduction and Background Information

The University of Maryland College Park is requesting proposals from responsive and responsible bidders for provide staffing to DOTS for campus events.

The University of Maryland College Park is the state's flagship university and one of the nation's preeminent public research universities. A global leader in research, entrepreneurship and innovation, the university is home to more than 40,700 students, 14,000 faculty and staff, and nearly 400,000 alumni all dedicated to the pursuit of Fearless Ideas. Located just outside Washington, D.C., we discover and share new knowledge every day through our renowned research enterprise and programs in academics, the arts and athletics. And we are committed to social entrepreneurship as the nation’s first “Do Good” campus.

BACKGROUND INFORMATION

1.0 Background

The University of Maryland (UMD) is a major public research university located on 1,500 acres. The Department of Transportation Services (DOTS) is a self-support department that manages approximately 5,000 parking spaces in five parking garages: Union Lane / 289 spaces, Regents Drive / 1,500 spaces, Stadium Drive / 800 spaces, Terrapin Trail / 1,189 spaces, and Mowatt Lane/ 1,700 spaces and, approximately 40 surface parking areas with approximately 13,800 spaces. Hereafter, the parking garages and surface lots shall be referred to jointly as parking facilities. These parking facilities are used for campus weekday and weekend events, such as sports, concerts, seminars, etc.

2.0 Objectives

The University wants a contractor to provide staffing to DOTS for campus events. The staffing requirements are parking lot: attendants, handheld operators, supervisors and managers. In addition to staffing, DOTS wants a contractor that can provide online digital parking permit sales via customer website portal for the sale of event parking permits.

This contract is primarily for football and basketball games, but may include other campus events, such as other sports, concerts, seminars, etc. as requested by DOTS.

It is anticipated the contract will be awarded by July 2024 approximately effective with the Fall 2024 Football season, with up to four (4) separately exercisable one (1) - year renewal terms.

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3.0 Contracting Approach & Work Scope

DOTS anticipates requiring services for 7 football games. Each game will have approximately 50,000 attendees arriving in approximately 10,000 vehicles and parking in every campus parking facility. It is anticipated the following number of parking staff will be required for each football game:

4 Attendants, up to 36 handheld operators, 4 supervisors, and 1 manager. PLEASE NOTE: Full staffing on post and selling for football (currently 40 handheld operators and attendants) will be required as early as 6 am (12pm noon kickoffs occur up to 4 times per season). Please consider this logistical challenge of staff transportation - and related expenses - before bidding.

DOTS anticipates requiring services for 17-20 basketball games. Each game will have approximately 15,000 attendees arriving in 5,000 vehicles and parking in the XFINITY Center parking lots. It is anticipated the following number of parking staff will be required for each basketball game:

2 Attendants, 12 handheld operators, and 1 manager. PLEASE NOTE: Full staffing on post and selling for basketball (currently 12 handheld operators and 2 attendants) will be required in the evenings during the week and on weekends at various times. Please consider the logistical challenge of rush hour traffic and staff transportation - and related expenses - before bidding. Ideally, contractors have specific experience with university parking activities similar in size (50,000 students and staff) and scope (mixed-use garages and surface lots with 20,000 spaces or more). Partial contracts of said size and scope may not be applicable; this will be determined during reference checks.

Additionally, ideal candidates currently use and have substantial experience with handheld parking event equipment; sorting and directing different permit types to different locations around campus or other venues. An example of the required handheld type is the currently used Parkhub event handheld parking system. Excellent and proven customer service, exceedingly professional appearance, and strong communication skills (intermediate English Language skills) required.

Special consideration for bidding applicants that have inhouse web based permit sales operations to sell online parking permits directly to UMD customers.

4.0 Term of Contract

The contract term shall be for one (1) year starting from the date listed on the contract.

At the sole discretion of the University, the contract may be renewed for up to four (4) additional separately exercisable one (1) year terms under the same terms and conditions.

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SECTION 2

Instructions and Notices to Contractors

2.1 Issuing Office

The sole point of contact at the University of Maryland, College Park (UMCP), for purposes of this Request for Proposal (RFP), is the Issuing Office. The Issuing Office as identified on the Solicitation/Contract Form provided as Exhibit 1 is:

The University of Maryland Department of Procurement & Business Services 2113-R Chesapeake Building College Park, MD 20742

All contact throughout the process is to be made in writing, via email, throughout the RFP process with the exception of information received as a result of a Pre-Bid Conference.

Responses to inquiries will be made in writing and issued to all known participants.

The Point of Contact is

Name Salem Alsai

Title Procurement Category Manager

Email Address salsai@umd.edu

2.2 Pre-Proposal Conference/Site visit

There is no Pre-proposal conference for this procurement.

2.3 Questions

The Contractor is responsible for carefully reading and fully understanding the requirements, terms, and conditions of this RFP. All contact between Contractors and the University will be made formally at scheduled meetings or in writing through the Issuing Office with the identified Point of Contact.

Requests for clarification or additional information must be submitted in writing, via email, to the Point of Contact and received by the Issuing Office no later than June 25, 2024 at 3:00 PM. These requests are to contain the following subject line:

“QUESTIONS: RFP # 151489-SA”. Outside of the Pre-bid meeting, only written communications relative to the procurement will be responded to. It is incumbent upon the Contractor to verify University receipt of their questions.

All questions will be answered in writing. Questions and answers will be distributed, without identification of the inquirer(s), to all Contractors who are on record with the Procurement Officer as having received this RFP. Oral communications are not to be relied upon for proposal purposes. Any communication received from parties other than the identified Point of Contact are to be considered non-authoritative in nature.

mailto:salsai@umd.edu

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To the extent that a question causes a change to any part of this RFP, an amendment shall be issued addressing such.

2.4 Submission of Proposals

Proposals must be:

(1) submitted in the designated format

(2) made in the official name of the firm or individual under which Contractor's business is conducted (including the official business address),

(3) signed by a person duly authorized to commit Contractor to the proposal, electronic signatures are acceptable

(4) submitted in envelopes clearly marked with the assigned RFP number and Contractor name as described below

(5) addressed to the Procurement Officer identified as the Point of Contact in the Issuing

Office

The Contractor must submit one electronic version of the Technical Proposal to the following Box folder:

https://umd.app.box.com/f/e0ba72aaea404868874bab777e4e597d

The submission to be considered, must be clearly identified as the RFP # 151489-SA - Contractor Name, Technical Proposal.

NOTE: PROPOSALS SUBMITTED THROUGH MEANS OTHER THAN IDENTIFIED WILL NOT

BE ACCEPTED.

2.5 Due Date

Proposals must arrive at the location identified in Section 2.4 of this document on or before July 9, 2024 at 3:00 PM. EST/EDT as applicable, in the designated format.

Depending upon the subject matter of the RFP, Contractors may be required to submit hard copy proposals. In these instances, Contractors are to allow sufficient time for delivery to ensure timely receipt by the Issuing Office.

Proposals, amendments to proposals, or requests for withdrawal of proposals arriving after the closing time and date shall not be considered.

There shall be no public opening of the proposals. The names of Contractors will not be released until after award.

2.6 Late Proposals

Any proposal, request for withdrawal, or modification of a proposal including a Best and Final Offer (BAFO) that is not received at the designated location at the designated due date and time will be considered late and will be rejected as non-acceptable. Delivery of https://umd.app.box.com/f/e0ba72aaea404868874bab777e4e597d

Affidavits over 200K; V.1 Revised 11-29-16 8 the proposal to the specified location by the prescribed date and time 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, late modification of a proposal or BAFO is due to the action or inaction of the University. A record of the late proposal, request for withdrawal, modification of a proposal or BAFO will be retained in the appropriate procurement file.

2.7 Duration of Proposal Offer

Proposals will be valid for a minimum of 120 days following the closing date of this RFP. If an award is not made during that period, the proposal will automatically extend for another 120 days, unless the Contractor gives specific written notice to the Procurement Officer at least 15 days before the expiration of the then current 120 day period. Proposals will automatically renew for an additional 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 in this clause.

2.8 Amendments to the RFP

If it becomes necessary to revise any part of this RFP, notice of the revision will be issued in the form of an Amendment to Contractors on record with the Procurement Officer as having received this RFP. All Amendments shall become a part of this RFP. Each Contractor is required to acknowledge receipt of Amendments. Failure of a Contractor to acknowledge any Amendment will not relieve the Contractor of responsibility for complying with the content of the Amendment.

2.9 Alternate Proposals

Alternate proposals shall not be allowed or accepted, nor will they be considered, for this solicitation.

2.10 Economy of Preparation

Each proposal is to be prepared simply and economically, providing a straightforward, concise description of the Contractor's offer and capabilities to satisfy the requirements of this RFP.

Emphasis is to be placed on clarity of content and providing a complete response.

2.11 Unable to Propose

If Contractor is unable or unwilling to submit a proposal in response to the requirements, Contractor must indicate this in writing to the Procurement Officer on or before the proposal due date. Electronic mail is an acceptable delivery method for submittal of the Contractor’s inability to submit a proposal. UMD requests that Contractors who are unable to respond include a brief explanation of the rationale for non-submission of a proposal.

2.12 Public Information Act Notice

Contractors are required to specifically identify those portions of their proposals that they deem to contain confidential, proprietary information, or trade secrets. The Contractor is further required to provide specific justification, with respect to each separate portion identified, as to why the materials, upon request, should not be disclosed by the State under the Access to Public Records Act, State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.

For claims of confidentiality to be considered, Contractors must clearly identify and provide individual justification for each and every section that is claimed to contain confidential, Affidavits over 200K; V.1 Revised 11-29-16 9 proprietary information or trade secrets. It is not sufficient to preface your proposal with a proprietary statement, or to use a page header or footer that arbitrarily marks some or all pages as confidential. General claims of confidentiality or similar blanket designations will not be accepted and may result in a proposal being deemed non-acceptable, at the discretion of the Procurement Officer.

2.13 Cancellation of the RFP

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

2.14 Technical Proposal - Contractor Qualifications, Technical Requirements/Specifications, Business Requirements

Executive Management Summary

The Contractor’s response is to contain an Executive/Management Summary. This section of the Contractor’s offer is to contain a brief synopsis of how the Contractor's proposal meets the needs of the University.

Technical Proposal

Contractors are expected to read the specifications, requirements, and qualifications very carefully and to submit questions, in writing, by the due date for questions.

Misinterpretation of specifications, requirements, or qualifications by the Contractor do not relieve the Contractor of responsibility to accurately address these components of this RFP or to perform the contract, if awarded.

The information/items specified as Specifications, Requirements, and/or Qualifications must be addressed in the technical proposal. The proposal must expressly indicate that it satisfies each point of the RFP Requirements, Specifications and/or Qualifications referenced in Section 4. Simple YES or NO responses to stated requirements are insufficient. The Contractor must describe in detail how the proposed products and/or services meet or exceed the stated requirements. The Contractor must explain any exception or deviation from the requirements. In cases where the Contractor cannot or does not meet a requirement, this must be clearly stated along with the reason for not meeting the Requirement, Specification, or Qualification.

Technical Proposal Contents The Technical Proposal must contain:

2.14.1.1 Exhibit 1 - Solicitation/Contract Form

Contractors must complete Exhibit 1 - Solicitation/Contract Form Offer Section as part of the Technical proposal. Failure to submit this document, signed by a person duly authorized to commit Contractor to the proposal may cause the Contractor’s proposal to be rejected, at the sole discretion of the University.

2.14.1.2 Completed Section 4 Mandatory Requirements

2.14.1.2.1 All required information listed as Contractor Data Requirements (Section 4.1)

2.14.1.2.2 Contractor References on EXHIBIT 2 (Section 4.2).

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F2.14.1.2.3 All require information listed in Technical Requirements (Section 4.4)

2.14.1.2.4 All affidavits, addenda, and disclosures included as Exhibits (Section 5)

The University may make a final determination regarding a proposal’s acceptability solely on the basis of the proposal as submitted. The University is under no obligation to seek clarification for missing information or to repair responses that are deemed to be incomplete

2.15 Economic Benefits to the State of Maryland

Proposals will be evaluated to assess the benefit to Maryland’s economy specifically offered.

Offerors shall take into consideration the following factors.

(1) The estimated percentage of contract dollars to be recycled into Maryland’s economy in support of the contract, through the use of Maryland subcontractors, suppliers and joint ventures partners. Be as specific as possible. Provide a breakdown of expenditures in this category.

(2) The number and types of jobs for Maryland residents resulting from the contract indicate job classifications, number of employees in each classification and the aggregate payroll to which the contractor has committed at both prime and, if applicable, subcontract levels.

(3) Tax revenues to be generated for Maryland and its political subdivisions as a result of the contract. Indicate tax category (sales taxes, payroll taxes, inventory taxes and estimated personal income taxes for new employees). Provide a forecast of the total fax revenues resulting from the contract.

(4) Estimated Percentage of Subcontract/Supplier dollars committed to Maryland small business and MBEs. (There are also included under the first category (a) above.)

(5) Estimated percentage of Subcontract/Supplier dollars committed to “local” Maryland businesses. For purposes of this proposal, a “local” Maryland business is a business with its primary base of operations located in the same county as the job site for this project, or a Maryland business located within twenty five (25) miles of the job site.

Other benefits to the Maryland economy which the offeror promises will result from awarding the contract to the offeror. Describe the benefit, its value to the Maryland economy (in terms of percentages), and how it will result from the contract award

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SECTION 3

Evaluation of Proposals, Award, Contract Formation, Debriefing of Unsuccessful Proposers, Protests and Claims, Contract Implementation Meeting

3.1 Evaluation of Proposals

3.1.1 The University will utilize the Qualifications Based Selection (QBS) approach to select the

Contractor for this project. The selection process will follow the guidelines established in

USM’s Procurement Policies and Procedures (USM-PP&P) – Revised, dated July 1, 2016.

There are four (4) phases of the solicitation process:

3.1.1.1 PHASE I - Technical Proposal Submission:

Proposers shall submit a technical proposal per the instructions in Section 2.14 of this RFP.

The Procurement Officer shall establish a Qualification Committee composed of representatives from the Institution(s). The Qualification Committee will evaluate each firm’s technical proposal based on the specified evaluation criteria. After the Qualification Committee completes its evaluation of technical proposals, a rank shall be assigned to each one. Proposers may be invited to an interview/oral presentation with the Committee if applicable.

Only the proposer ranked number one will be invited to proceed to Phase II of the solicitation process.

3.1.1.2 PHASE II – Price Proposal Negotiation:

The candidate firm will submit a detailed price proposal to the University. A

Negotiation Committee appointed by the Procurement Officer will negotiate the price with the candidate firm (if applicable).

If negotiation of the price is successfully concluded, the Negotiation Committee will recommend to the Procurement Officer that the candidate firm move forward in the solicitation process.

If the Negotiation Committee is unable to negotiate a satisfactory price agreement, it may recommend to the Procurement Officer that price negotiations be terminated with the candidate firm. If the recommendation is accepted by the Procurement Officer, the University may proceed with negotiations with the next-highest ranked firm and so on, or may re-advertise the procurement as it deems appropriate.

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3.1.1.3 PHASE III – Review:

The Procurement Officer will review the ranking of the firms and the final price proposal negotiations with an executive review group. Upon approval of the executive review group, the Procurement Officer will proceed to the award phase.

3.1.1.4 PHASE IV – Award:

The Procurement Officer will perform all required due diligence and prepare the documents needed to execute the agreement on behalf of the University.

3.1.2 Evaluation Criteria

The following minimum technical requirements must be met for the Contractor proposal to be considered technically acceptable. These evaluation criteria will be used to evaluate the proposals

Mandatory Requirements (80%) - The Offeror’s ability to provide the mandatory requirements as listed in the Functional Requirements & Features Matrix (EXHIBIT 3) and as described in the Scope of work. The Offeror’s overall understanding of the University’s mandatory requirements and the nature of work to be performed. To include at a minimum, the quality and soundness of the Offeror’s approach.

References (10%) - Contractors must provide references (EXHIBIT 2). Cited references must be able to confirm, without reservation, the Contractor's ability to perform as mandated in this solicitation.

Economic Benefit (10%) - Proposals will be evaluated per to assess the benefit(s) to Maryland’s economy specifically offered.

The terms "must" or "shall” and “required” are used throughout this document to indicate mandatory requirements. Contractors must meet all the requirements and specifications; that is, that the Contractor is fully capable of delivering the items and providing the services as specified in this RFP.

3.1.3 Oral Presentations

3.1.3.1 At the sole discretion of the Procurement Officer, short-listed Proposers may be invited to provide an oral presentation and product demonstration. Information provided during this phase will be used to supplement the prior evaluation of the written technical proposal and the final evaluation of technical capabilities will take into account both the written technical proposal and the oral presentation/product demonstrations.

3.1.3.2 The University reserves the right to waive the Oral Presentation/Product Demonstration, in which case the technical evaluation will be based on the written technical proposal submittal alone. Proposers are therefore encouraged to submit the best possible proposal at each opportunity for submittal

3.1.3.3 The due date and time of the oral presentation/product demonstration will be determined by the University upon evaluation completion of Technical Proposals.

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The actual date will be verified with the applicable Proposers at the time the presentation is requested. Refer to the Solicitation Schedule for tentative dates.

Proposers are advised to set these dates aside so as to avoid a conflict

3.1.3.4 The oral presentation will be informal, as the University is not interested in a marketing presentation, rather, it will be a casual and informal format in which to view the Proposers presentations, etc.

3.1.3.5 The purpose and parameters of the Oral Presentation/Product demonstration will be defined by the Procurement Officer at the time of scheduling. This information may be included in Technical requirements in those instances when it is a requirement for short-listed Contractors.

3.1.3.6 The criteria and format of the demonstration will be provided with the written request to conduct an oral presentation.

3.2 Evidence of Responsibility

Prior to the award of a contract pursuant to this RFP, the Procurement Officer may require

Contractor to submit such additional information bearing upon Contractor's ability to perform the contract as the Procurement Officer deems appropriate. The Procurement Officer may also consider any information otherwise available concerning the financial, technical, and other qualifications or abilities of the Contractor.

3.3 Solicitation, Proposal, Acceptance, Award and Discussion

This RFP creates no obligation on the part of the University to award a contract or to compensate

Contractors for proposal preparation expenses. The University reserves the unilateral right to cancel this solicitation at any time and to accept or reject any and all proposals, in whole or in part, received in response to this RFP; the unilateral right to award a contract in whole or in part;

to award a contract to one Contractor; and to waive or permit cure of minor irregularities; and to conduct discussions with Contractors in any manner necessary to serve the best interest of the University.

Discussions may be conducted with those Contractors who submit proposals initially judged by the Procurement Officer to be reasonably susceptible of being selected for award. However, the University reserves the right to award a contract based upon the proposals received without further discussions.

3.3 Negotiation

The University has the right to accept the best proposal as submitted, without discussion or negotiation. Contractors should therefore not rely on having a chance to discuss, negotiate and adjust their proposals.

Contractors who submit proposals initially judged by the Procurement Officer to be reasonably susceptible of being selected for award may be asked to discuss their proposals with the University to facilitate arrival at a contract most advantageous to the University. If the Procurement Officer determines that discussion is in the best interest of the University, the Procurement Officer will advise contractors to submit a best and final offer for consideration after discussions are held.

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However, discussions may not be conducted if the Procurement Officer determines either that discussions are not in the best interests of the University or that discussions need not be conducted: (a) with respect to prices that are fixed by law or regulation, although consideration shall be given to competitive terms and conditions; (b) because the time of delivery or performance does not permit discussions; or (c) because it can be demonstrated clearly from the existence of adequate competition or accurate prior price experience with the particular item that acceptance of an initial offer without negotiation would result in a fair and reasonable price.

3.4 Basis of Award

The University will award a contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation and is determined to be the top ranked offeror, after a successful price negotiation.

Recommended contract awards, if any, resulting from this RFP, may be subject to State and University approvals.

3.5 Formation of Agreement/Contract with Successful Contractor This RFP and any resulting contract shall be governed by the University System of Maryland

Procurement Policies and Procedures. These policies and procedures may be viewed at the following web site: https://www.usmd.edu/usm/procurement/procedures.html.

3.6 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 will NOT include discussion of a competing offeror’s proposal or discussion, thoughts, notes or ranking from individual evaluation committee members. A summary of the Procurement Officer’s rationale for the selection may be given. Debriefings shall be conducted at the earliest feasible time.

3.7 Protests and Claims

Any protest regarding the award of this contract or claim arising out of this contract shall be administered in accordance with the University System of Maryland Procurement Policies and Procedures, Section X - Protests and Claims. Detail is available by accessing the following web site https://www.usmd.edu/usm/procurement/procedures.html.

3.8 Contract Implementation Meeting

Contractor receiving an award under this solicitation may be required to attend a Contract

Implementation Meeting to be held after contract award, as scheduled by the Procurement Officer. The location and agenda for this meeting will be communicated to the Contractor by the Procurement Officer.

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SECTION 4

Mandatory Requirements Contractor is required to provide the information listed below. Failure to comply with this instruction may result in disqualification of Contractors proposal.

4.1 Contractor Data

The Contractor’s proposal must include the following information

4.1.1 Contractor/Company Details

4.1.1.1 Contractor (Company/Corporate) Name (as it appears on current W-9)

4.1.1.2 Contractor Primary Business Location/Address

4.1.1.3 Contractor to provide company organization chart and staffing profile including tenure for staff

4.1.1.4 Contractor Main Point of Contact (POC)

4.1.1.4 Contractor POC Contact Information, location, telephone number, cell phone number, email address

4.1.1.5 Contractor Office that will service the University

4.1.1.6 Contractor Tax Identification Number and current W-9

4.1.1.7 Contractor Parent Company (if applicable)

4.1.1.8 Parent Company business location

4.1.1.9 Contractor Authorized Signer for contractual purposes

4.1.1.10 Name and Address for delivery of notices

4.1.1.11 Contractor Small Business status and Maryland Small Business Certification

Number with certificate provided as attachment (if applicable)

4.1.1.12 Contractor MBE status and if MBE company provide State of Maryland MDOT

MBE certification number and date of certification (if applicable)

4.1.1.13 If proposing company is not publicly traded, identify principal owners of company

4.1.2 Company Size

4.1.2.1 Identify the number of people employed by Contractor

4.1.2.2 Identify the current number of customers serviced by Contractor

4.1.2.3 Identify the number of customers serviced by the location that will service the

University

4.1.3 Customer Service

4.1.3.1 Overview of customer service program

4.1.3.2 Customer Service key contact information

4.1.3.3 Location Customer Service is conducted from (if off-shore provide

Country/State/Province/City customer service is delivered from)

4.1.3.4 Hours of operation for Customer Service location servicing the University

4.1.4 Business Inclusion and Supplier Diversity Program Information (if applicable)

4.1.4.1 Identify whether Contractor has a Business Inclusion and Supplier Diversity

Program, provide website link describing the Program, goals, and achievement

4.1.4.2 Identify ability to provide detailed sub-contractor/Tier 2 reporting to customers

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4.1.4.3 For all offers for which a MBE Participation Goal has been established in section 4.3, contractors must complete and submit, as part of their financial proposal, the MBE forms contained in Exhibit X. All forms shall be completed as instructed in RFP Supplemental Document 1. Failure to submit the required forms will render a proposal not susceptible for award and cause it to be rejected.

4.2 Contractor Qualifications

The Contractor’s proposal must include the following information

4.2.1 Contractor References

Each proposing contractor must provide at least one (1) and no more than three (3) ACTIVE references and ancillary information on the EXHIBIT 2 – References Form provided in this RFP denoting Clients for Active Contracts within the last three (3) years, preferably similar in size, scope and complexity as the requirements defined in this RFP. References must be able to demonstrate the contractor’s capability to perform the requirements of this RFP.

The University reserves to right to contact any or all of the provided references until a determination of acceptability of references can be made. The University reserves the right to contact references which the contractor does not provide and are otherwise known to the University as Clients of the Contractor. Note: The contractor’s references MUST demonstrate the size and scope of each reference provided.

4.2.2 Financial Viability

The University reserves the right to require, during proposal evaluation, that the

Contractor provide a copy of its most current Annual Report or audited Statement of Financial Condition to include a Balance Sheet, Income Statement and Cash Flow Statement or other acceptable financial information. These documents may be relied on in any determination regarding Contractor financial responsibility and suitability for contract award.

4.3 Minority Business Enterprise (MBE) Participation

MBE goal is not applicable for this procurement.

4.4 Technical Requirements

The Contractor is required to complete the Functional Requirement & Features Matrix provided as a separate document titled as EXHIBIT 3 - Functional Requirements & Features.

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SECTION 5

Proposal and Contract Terms and Conditions

The University of Maryland Standard Terms and Conditions apply to University of Maryland College Park (UMD) procurements.

AFFIDAVITS, ADDENDA, AND FEDERAL FLOW DOWNS- The following affidavits, addenda, and Federal flow downs may apply to this Contract and will automatically attach based upon the nature of the procurement and/or funding source. All Affidavits and Addenda requiring signature must be completed by the Contractor and returned to the UMD Procurement and Business Services and must reference the associated Purchase Order Number or transaction number (if ordered by credit card).

UMD ACCESSIBILITY ADDENDUM (for any and all web-based deliverables (including, but not limited to, off the shelf software, custom developed software, and related goods or services used to create, maintain or update the University’s Web pages, Web content, Web-based applications, online instructional content, services and resources.)

UMD CONTRACT AND BID/PROPOSAL AFFIDAVITS (for all Contracts exceeding $200,000, Contractor shall execute the Bid/Proposal and Contract Affidavit required by the University, which shall be in substantially the same form as the Maryland forms at the time the Contract is executed by the University. Additional University certifications may be required for Contracts of any dollar amount. Any additional required documents and certifications, not included herein, will be identified and provided by the Procurement Officer as part of the procurement process.)

UMD FEDERAL FLOW-DOWN CLAUSES (for any Contract funded by a federal contact, grant, or cooperative agreement.) https://purchase.umd.edu/umd-federal-uniform-guidance-flowdown-provisions or https://purchase.umd.edu/umd-federal-government-flowdown-provisions

UMD SECURE/SENSITIVE DATA ADDENDUM (for contracts involving sensitive data, including but not limited to Personal Data and identifiers, FERPA Data, Cardholder or other PCI Data, or Health Information.)

UMD PROCUREMENT INSURANCE ADDENDUM (for contracts over $200,000, or for work performed on University premises, or using equipment or facilities owned, occupied or used by the University, or as otherwise required by the University.)

SECTION 889 AFFIDAVIT (for procurements for equipment/devices or services that include video surveillance, cameras, telecommunications. This federally required affidavit must be completed by the Contractor and returned to the buyer.

ANTI-BRIBERY

Contractor warrants that neither it nor any of its officers, directors, or partners nor any of its employees who are directly involved in obtaining or performing contracts with any public body has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the federal government or has engaged in conduct since July 1, 1977, which would constitute bribery, attempted bribery, or conspiracy to bribe under the laws of any state or the federal government.

Affidavits over 200K; V.1 Revised 11-29-16 18

COMPLIANCE WITH LAWS

Contractor hereby represents and warrants that:

It is qualified to do business in the State of Maryland (whether a domestic business or a foreign corporation subject to registration under the Corporations and Associates Article of the Maryland Annotated Code) and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

It is not in arrears with respect to the payment of any moneys 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 that it shall not become so in arrears during the term of this Contract;

It shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract, including but not necessarily limited to: Maryland Building Codes, Americans with Disabilities Act, and the Maryland Occupational Safety and Health Act and related regulations; and

It shall obtain, at its expense, all licenses, permits, insurance and governmental approvals, if any, necessary to the performance of its obligations under this Contract.

CONFIDENTIALITY; DISSEMINATION OF INFORMATION

Contractor shall not release any information related to services or performance of the services under this Contract, nor publish any final reports or documents without the prior written approval of the University.

Contractor shall indemnify and hold harmless the State and the University, its officers, agents and employees from all harm which may be incurred by reason of dissemination, publication, distribution or circulation, in any manner whatsoever, of any information, data, documents, or materials pertaining in any way to this Contract by Contractor, its agents or employees.

CONFLICTING TERMS AND ORDER OF PRECEDENCE

Any proposal for terms in addition to or different from those set forth in the Solicitation or Contract or any attempt by the Contractor to vary any of the terms of this offer by Contractor's acceptance shall not operate as a rejection of this offer, unless such variance is in the terms of the description, quantity, price or delivery schedule, but shall be deemed a material alteration thereof, and this offer shall be deemed acceptable by the Contractor without the additional or different terms. If this Solicitation or Contract is an acceptance of a prior offer by the Contractor, the acceptance is expressly conditioned upon Contractor's assent to any additional or different terms contained herein. The Contractor understands and agrees that the terms and conditions of this Solicitation or Contract may not be waived.

In the event of a conflict, the University of Maryland's Terms and Conditions shall take precedence over any terms specifically identified in Contractor's proposal or any other forms or documents provided by Contractor. The University is not, and shall not be, bound by any other terms in or referenced by Contractor's proposal, invoices, form(s), or online terms and conditions unless such terms are specifically incorporated herein.

CONTRACTOR'S INVOICES

Contractor shall include the Purchase Order Number and its Taxpayer Identification Number on the face of each invoice billed to the University. Failure to provide this information on invoicing may result in delayed payment.

Affidavits over 200K; V.1 Revised 11-29-16 19

DELAYS AND EXTENSION OF TIME

The Contractor agrees to perform the work continuously and diligently and no charges or claims for damages shall be made by it for any delays or hindrances from any cause whatsoever during the progress of any portion of the work specified in this Contract.

Time extensions will be granted only for excusable delays that arise from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of the State in either its sovereign or contractual capacity, acts of another Contractor in the performance of a contract with the State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or the subcontractors or suppliers.

DELIVERY AND ACCEPTANCE

Delivery shall be made in accordance with the specifications in the Solicitation and Contract. The University, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor's control. The University unilaterally may order in writing the suspension, delay, or interruption of performance hereunder. The University reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met.

Materials shall be delivered FOB to the point or points specified in the bid or proposal, on the date either agreed to in advance or specified in the bid or proposal. Any material that is defective or fails to meet the terms of the specifications may be rejected. Rejected materials shall be promptly replaced. If Contractor fails to promptly replace rejected materials, the University reserves the right to purchase replacement materials in the open market. Contractor shall be liable for costs to replace materials incurred by the University which exceed the bid proposal or Contract price, including expenses such as, but not necessarily limited to, shipping and delivery, if any.

DISPUTES

Pending resolution of a claim, the Contractor shall proceed diligently with the performance of the Contract in accordance with the Procurement Officer's decision.

DRUG AND ALCOHOL FREE WORKPLACE

The Contractor warrants that the Contractor shall comply with COMAR 21.11.08 (Drug and Alcohol Free Workplace), and that the Contractor shall remain in compliance throughout the term of this Contract.

EXPORT CONTROL

This Contract is subject to US export control regulations including, when applicable, the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and the Office of Foreign Asset Control sanctions programs. Each party is responsible for compliance with applicable export and import regulations, and associated embargo and sanction regulations. If any of the materials or information to be furnished under this Contract is a controlled technology on the US Munitions List of the ITAR, Contractor must contact and receive written approval from the UMD Export Compliance Office (export@umd.edu) prior to acceptance of this Contract.

FERPA (FAMILY EDUCATION RIGHTS AND PRIVACY ACT) (applicable if Contractor will have access to, or be responsible for the storage, maintenance and security of, student personal identifiable information protected under FERPA. See, also, UMD SENSITIVE DATA ADDENDA)

Affidavits over 200K; V.1 Revised 11-29-16 20

The Parties agree to maintain the privacy and security of personally identifiable educational records and health information and to prevent disclosure in compliance with Federal laws.

GRAMM-LEACH BLILEY ACT OF 1999 (applicable if Contract pertains to financial services, banking, student loans or financial aid, or debt collection. See, also, UMD SENSITIVE DATA ADDENDA) The Contractor agrees that in performing its obligations under this Contract, the Contractor shall comply with all requirements of a non-affiliated third-party who receive a financial institution’s consumer or customer information, under the Gramm-Leach-Bliley Act of 1999 and applicable regulations thereto (the “GLB Act”), and other applicable federal and state consumer privacy acts, rules and regulations.

Nonpublic personal information shall have the same meaning as that term is defined in the GLB Act.

The Contractor agrees to disclose such nonpublic personal information for the sole purpose of facilitating the Contractor’s performance of it duties and obligations under this Contract and will not disclose such nonpublic personal information to any other party unless such disclosure is (i) allowed by the GLB Act and consented to by the Customer, or (ii) compelled by law, in which case the Contractor will provide notice of such disclosure to the Costumer.

The Contractor represents and warrants that it will, for so long as it retains nonpublic personal information, implement and maintain in place the necessary information security policies and procedures for (i) protecting the confidentiality of such nonpublic person information, (ii) protecting against any anticipated threats or hazards to the security or integrity of such nonpublic personal information, and (iii) protecting against the unauthorized access to or use of such nonpublic personal information. These terms apply to all subcontractors employed by the Contractor who perform work under the scope of this agreement.

INDEMNIFICATION

The University shall not assume any obligation to indemnify, hold harmless, or pay attorneys' fees that may arise from or in any way be associated with the performance or operation of this agreement.

INSURANCE REQUIREMENTS (for all work performed on University premises, or using equipment or facilities owned, occupied or used by the University, or as otherwise required by the University). See INSURANCE ADDENDUM for details on limits.

1. The Contractor shall secure, pay the premiums for, and keep in force until the expirations of this Contract, and any renewal thereof, appropriate insurance for the goods and services provided. The amount of such coverages shall meet or exceed the minimum coverage specified by law, regulation, industry standard, or the Procurement Officer, whichever is greater.

2. All required insurance coverages must be acquired from insurers allowed to do business in the State of Maryland and acceptable to the University. The insurers must 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.

3. Policies must name the University of Maryland College Park and the University System of Maryland and their Board of Regents/Trustees, officers, employees, agents and volunteers as “Additional Insureds” on general liability and other policies and this must be reflected on the certificate of insurance, along with the Contract or Purchase Order number.

4. Contractor must provide a certificate of insurance which clearly states the types of coverage and limits prior to performing the work.

Affidavits over 200K; V.1 Revised 11-29-16 21

INTELLECTUAL PROPERTY

Contractor agrees to indemnify and save harmless the University, its officers, agents and employees with respect to any claim, action, costs or judgment for patent infringement, or trademark or copyright violation arising out of purchase or use of materials, supplies, equipment or services covered by this Contract.

INVESTMENT ACTIVITIES IN IRAN. Contractor, by accepting this order, certifies that it is not on the list of entities ineligible for award per Board of Public Works Advisory 2013-001, the full text of which is available at:https://bpw.maryland.gov/Pages/adv-2013-1.aspx.

Written certification shall be furnished to the Procurement Officer on demand.

MANDATORY REPORTING OF SUSPECTED CHILD ABUSE AND NEGLECT

Maryland law contains mandatory reporting requirements for all individuals who suspect child abuse or neglect. Contractors performing work on campus also must comply with USM Board of Regents (BOR) VI-

1.50 – Policy on the Reporting of Suspected Child Abuse & Neglect, as well as…