RFP SMCM Landers Library Renovation (posted 1-23-2026).pdf

Landers Library Renovation

Solicitation #: SMCM-26-055065 RFP Document

RFP for St. Mary’s College of Maryland Page 1 of 41

REQUEST FOR PROPOSALS (RFP)

LANDERS LIBRARY RENOVATION

RFP NUMBER: SMCM-26-055065

ISSUE DATE: JANUARY 23, 2026

A Prospective Offeror that has received this document from a source other than eMarylandMarketplace Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

NOTICE TO OFFERORS

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

MBE SUBCONTRACT GOALS HAVE BEEN ESTABLISED FOR THIS SOLICTION AS

DESCRIBED ON PAGE 2.

https://procurement.maryland.gov/

RFP for St. Mary’s College of Maryland Page 2 of 41

ST MARY’S COLLEGE OF MARYLAND

KEY INFORMATION SUMMARY SHEET

Request for Proposals Landers Library Renovation

Solicitation Number: SMCM-26-055065

RFP Issue Date: January 23, 2026

RFP Issuing Office: St. Mary's College of Maryland Procurement Services Dept.

18952 E. Fisher Road St. Mary’s City, MD 20686-3001

Procurement Officer: Darry Green

Email:

Phone Number:

dlgreen@smcm.edu 240-895-4307

Proposals are to be submitted electronically on eMMA sent to:

Submit on https//emma.maryland.gov under Solicitation Number

SMCM-26-055065

To submit a proposal, offerors must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid/Proposal Notice Feedback Form

*If you are not submitting a proposal for this solicitation, submit an email response to procurement officer with your reasons why.

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Pre-Proposal Conference:

Date February 4, 2026 Time 10:00 AM EST

Location:

Hilda C. Landers Library 47650 Mill Field Dr St Mary’s City, MD 20686

To pre-register to attend the site visit please contact the Procurement Officer via Email no later than October 13, 2025.

Scheduled Site Visit Date February 4, 2026 Time 10:15 AM EST

Location:

Hilda C. Landers Library 47650 Mill Field Dr St Mary’s City, MD 20686

Questions Due Date and Time:

February 13, 2026

5:00 PM EST

Proposal Due (Closing) Date and Time:

February 27, 2026

5:00 PM EST

RFP for St. Mary’s College of Maryland Page 4 of 41

MBE Subcontracting Goal:

An overall Minority Business Enterprise (MBE) or Disadvantaged Business Enterprise (DBE) subcontract participation goal of 10 % percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE or DBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

_____% for African-American MBEs;

_____% for Asian-American MBEs;

_____% for Hispanic-American MBEs; and __3___% for Woman-Owned MBEs.

Refer to Exhibit 1 – Supplementary Conditions for information on how goal setting was determined. Also, refer to Exhibit 1 for information about the MBE program and goals.

Procurement Method: A Contract will be awarded in accordance with the Competitive Sealed Proposals method under COMAR 21.05.03.

Multiple or Alternate Bids:

Multiple or alternate Proposals will not be accepted.

Contract Type: Firm Fixed Price

Contract Duration: 280 days from Contract Award Date

SBR Designation: N/A

Federal Funding: N/A

RFP for St. Mary’s College of Maryland Page 5 of 41

TABLE OF CONTENTS – RFP

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Period of Performance

2.3 Project Schedule and Phasing

2.4 Exclusions

2.5 Contractors Use of Site and Premises

2.6 Evaluation Criteria

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Problem Escalation Procedure

3.6 Work Orders

3.7 Payments by Electronic Funds Transfer

3.8 Prompt Payment Policy

3.9 Federal Funding Acknowledgement

3.10 Conflict of Interest Affidavit and Disclosure

3.11 Non-Disclosure Agreement

3.12 Maryland Healthy Working Families Act Requirements

3.13 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)

3.14 Insurance Requirements

3.15 Non-Compete Clause Prohibition

4 Proposal Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Proposal Conference

4.4 Questions

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4.5 Proposal Due (Closing) Date and Time

4.6 Economy of Preparation

4.7 Public Information Act Notice

4.8 Oral Presentation

4.9 Duration of Proposals

4.10 Revisions to the RFP

4.11 Cancellations

4.12 Incurred Expenses

4.13 Protest/Disputes

4.14 Offeror Responsibilities

4.15 Acceptance of Terms and Conditions

4.16 Compliance with Laws/Arrearages

4.17 Verification of Registration and Tax Payment

4.18 False Statements

5 Proposal Format

5.1 Two Part Submission

5.2 Proposal Delivery and Packaging

5.3 Volume I - Technical Proposal

5.4 Volume II – Financial Proposal

6 Evaluation and Selection Process

6.1 Evaluation Committee

6.2 Technical Proposal Evaluation Criteria

6.3 Financial Proposal Evaluation Criteria

6.4 Reciprocal Preference

6.5 Selection Procedures

6.6 Documents Required upon Notice of Recommendation for Contract Award RFP

Attachments (Table B)

7 RFP Appendices and Exhibits

7.1 Appendices (Table C)

7.2 Exhibits (Table D)

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1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

The Offeror must document in its Proposal that it satisfies the following Minimum Qualifications:

A. The Offeror shall have five (5) years of experience providing similar construction renovation services. Required Documentation: The Offeror shall provide with its Proposal, one or more references from the past three years that collectively are able to attest to the Offeror’s required years of experience in providing public library renovation projects. The Offeror shall be certified by the Maryland Insurance Administration or equivalent agency.

Required Documentation:

B. The Offeror shall provide with its Proposal "Attachment L Reference Checks" with one or more references filled out.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

RFP for St. Mary’s College of Maryland Page 8 of 41

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

This Request for Proposals (RFP) is issued to procure the goods or services, as specified in this St Mary’s College of Maryland is pleased to announce a request for construction proposals to renovate an existing library that was originally constructed in 1968 that subsequently underwent a major renovation and addition in 1990 to expand and modernize the building. The scope of the proposed renovation shall improve portions of the first, second and third floors of the building. The exterior brick façade and roof shall remain as is. It is anticipated that the construction will be completed in phases in order for departments to move into renovated space, followed by the renovation of the vacated spaces for subsequent department moves. In addition, the library will remain occupied and operational during the construction period.

2.1.1 Background and Purpose

We are seeking general contractors that are experienced in phased construction while renovating an occupied building.

2.2 Specifications Drawings, Plans and Pricing Attachments

The following project documents are hereby incorporated as part of this Section 2 – Scope of Work. All work should be completed in accordance specifications and drawings detailed in Attachments 1 and 2. Volume II Price Proposal shall be provided using Attachment 2 – Price Schedule. All References must be provided using Attachment 4.

Attachment 1 - SMCM Landers Library Spec - CD 251218 Attachment 2 - SMCM Landers Library Drawings, R2. 260123.1 Attachment 3 - Price Schedule Attachment 4 – Bidders Reference Sheet Attachment 5 – Campus Map

2.3 Period of Performance

.1 The Period of Performance (POP) shall be March 20, 2026 – February 28, 2027.

.2 All construction activities must be substantially completed by December 04, 2026 .3 Owner Occupancy shall be no later than January 08, 2027

These dates are subject to change based on date of contract award and SCMC approval acceptance of the awardee’s final project plan schedule.

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2.4 Project Schedule and Phasing

.1 Project Schedule Overview Meeting – Part I: Following the award of the contract, SMCM Project Manager and the Contractor will meet to review the sequence of steps required to accommodate department moves into renovated space. Once moved, the vacant space shall be renovated for secondary department moves. This sequence will occur multiple times during the course of construction.

.2 Project Schedule Overview Meeting – Part II: The Office of Information Technology (OIT) will manage their subcontractors to install the scope of work identified in the Construction Documents that is NIC for the Contractor. The SMCM Project Manager, OIT representatives, and the Contractor shall review the overall scope of work and establish communication protocols for coordinating the work performed by the respective contractors.

.3 Project Schedule Submission: The Contractor shall submit a detailed schedule for approval that depicts major milestones, phasing of the work, and general coordination points with SMCM’s Office of Information Technology’s (OIT) subcontractors, and departments located in the Library affected by the work.

.4 Phasing Plans: General phasing diagrams have been depicted on Sheet G020 of the Architectural Drawings. These diagrams are provided as a reference guide and are not intended to explicitly direct the Contractor’s work which will be governed by the SMCM approved Contractor’s Project Schedule.

2.5 Add Alternates

(See Construction Documents) .1 Alternate No. 1 - Classroom 225 : Drawing number AD101, A1/AD124, A104, A124 including Minor Renovations to Collections Support Services.

.2 Alternate No.2 : Sheet A110; 2/AD124 including Renovations to Collections Support

Services Suite and construction of Classroom 225.

.3 Alternate No.3 : Sheet A111; Stair 4 Renovations.

2.6 Exclusions

The following spaces and building components are Not-In-Contract (NIC):

.1 The space on the first floor of the original building (Baltimore Hall) will not be renovated as part of this project. This area is currently occupied by the Office of Information Technology .2 The exterior envelope and building components: roof, masonry walls, and windows.

.3 The restrooms

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2.7 Existing Building Condition

.1 Site: The landscape and site improvements shall remain unchanged; however, restoration of disturbed areas shall be required at the end of the construction period.

.2 Building Construction: Institutional quality construction comprised of slab on grade first floor, concrete slab on metal deck on steel joists for upper floors, brick and block load bearing walls and a built-up roof with sloped standing seam perimeter parapets. The interior partitions are predominately steel stud with GWB, acoustic tile ceilings, and a variety of flooring types: LVP, ceramic tile, and carpet tiles.

.3 Building Design: The original 1968 three story building had an addition added in 1990 that “bridged” over an existing pedestrian pathway with a two story more modern structure.

.4 Building Infrastructure Components: The facility shall be occupied while the construction is underway. Majority of the MEP construction shall be completed above the ceiling and within mechanical rooms. All MEP equipment shall be installed, replaced or rebalanced based on the plan and specification manual. Contractor shall coordinate any shut-down of equipment with the air handler units, Siemens Building Automation controls, boilers, chillers, and field/main power panels at least 48 hours prior to the start of work.

2.8 Contractors Use of Site and Premises

.1 General: Contractor shall provide 6’ high perimeter fencing with navy blue mesh privacy material when providing a site plan and indicating the project limits. Project limits include the location of the dumpster, construction entrance, vehicle parking, and laydown of materials, tools & equipment.

.2 Signage: Contractor shall provide examples of 4’ x 6’ Project Signage to be installed on the perimeter fence in 2 locations. Review technical information and message content with the college prior to installation.

.3 Use of Site: Limit use of project site to areas within the Contract limits indicated. Do not disturb portions of the Project site beyond areas in which the Work is indicated as described below. The contractor shall provide a removal and installation plan prior to start of construction.

.4 Walkways and Entrances. Keep loading areas, entrances and exit doors serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times.

Do not use these areas for parking or storage of materials.

.5 Condition of Existing Building: Maintain portions of existing buildings affected by construction operations in a weathertight condition throughout the construction period. Repair damage caused by construction operations. Restore existing finishes affected by Work to original conditions, including wall systems, painted surfaces, and other architectural and building systems.

.6 Temporary Egress: Provide temporary egress signage within the existing occupied facility as required by College representatives to direct occupants to exit doors.

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.7 Dust control: Execute Work by methods to minimize raising dust from construction operations. Provide positive means to prevent air-borne dust from dispersing into Atmosphere that will affect the phasing of the construction. Unique to this project is the requirement that existing space needs to be renovated before a specific department can be moved.

2.9 Construction Daily Reporting

.1 Frequency: Upon the start of construction, the Prime Contractor must submit daily reports which are to be provided to the SMCM Project Manager by the end of each shift on a daily basis.

.2 Criteria: Each daily report shall include, at a minimum, the following information. Project Name, Project Number, Project Address, Daily Weather Information, Work Log Photos, General Notes, Safety Observations, Quality Control Observations, and Work Logs w/ Subcontractor Names, Work Description, Quantity of Employees and Total Hours. The following Yes or No Survey Questions shall be included: 1. Any accidents on site; 2. Any schedule delays; 3. Did the weather cause any delays; 4. Any visitors on site; Any areas that can’t be worked on; and Any equipment rented on site?

.3 Software Information: The daily report software shall be “Raken” or approved alternate.

.4 As-Builts: Electronic submission of As-Built Construction Documents must be submitted within 30 calendar days upon completion of the project. One full-size set of drawings and one printed project manual shall be provided.

2.10 Evaluation Criteria

1. General Requirements. The evaluation criteria to be used by the College for the selection of a Construction Team to perform the work specified herein are defined below. The criteria are divided into Technical and Price Proposals. The Technical Evaluation Criteria, when combined are significantly more important than price.

However, as the difference in technical merit between the proposals becomes less significant, the relative importance of the proposed prices will increase.

2. Technical Evaluation Criteria – The criteria to be used in assessing the quality of each proposal are listed below. For the purposes of the evaluation the factors are considered equal in importance. The Technical criteria, considered together, are more important than Cost/Price.

Factor 1 – Management Plan/Technical Approach

An evaluation of the Management Plan is intended to identify those offerors with the knowledge, expertise, experience, resources and best management practices

RFP for St. Mary’s College of Maryland Page 12 of 41 and procedures to fulfill the requirements of the contract. Proposals will be evaluated to determine the degree to which the offeror’s Management Plan offers enhanced value or lower risk to the College. In addition, proposals will be evaluated to determine whether, and the extent to which, the offeror has proposed an on-site staffing mix with satisfactory experience, including experience working on comparable projects, education, knowledge and capability to perform work requirements. The proposed organizational structure and management must clearly demonstrate that functions and relationships are logically and clearly defined; that on-site managers have adequate authority to effectively manage the facilities; and that adequate support is available from the home office when needed. This has provided a detailed narrative describing the proposed management systems which demonstrate that adequate methods are in place to ensure that high levels of quality and cost control will be maintained; and demonstrates adequate safety and sanitary programs are in place.

Factor 2 – Relevant Experience and Past Performance

Evaluation of the Relevant Experience and Past Performance is intended to identify those offerors who have provided evidence that he/she has successful experience with current or recently completed contract(s) within the last five (5) years for providing Construction services of similar nature to those contemplated in this solicitation for hotel or residence life projects of similar size and nature to SMCM.

The Offeror will be evaluated to the extent of successful completion of similar services, taking into consideration the degree of client satisfaction. Higher ratings/scores will be given to Offerors whose performance on similar services has exhibited the most success and client satisfaction. Past Performance for a minimum of three (3) projects received with customer references will be evaluated to determine whether, and the extent to which, the offeror has demonstrated a satisfactory record of conforming to contract requirements and to high standards of services provided; a satisfactory record of forecasting and controlling cost; a satisfactory record of completing contracts within budget; a satisfactory record of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, evidence of a business-like concern for the interest of the customer. In investigating the Offeror’s past performance, the College will consider information submitted by the Offeror and may consider information from other sources.

Factor 3 –Project Schedule

The offeror must submit a proposed schedule that addresses the period of performance (POP) requirements listed herein.

originally proposed individual may be grounds for pre-award disqualification or post-award termination

RFP for St. Mary’s College of Maryland Page 13 of 41

2.11 Contract Award – Source Selection Procedures

1. The College will award a contract resulting from this solicitation to the offeror responsible whose offer conforming to the solicitation will be most advantageous to the College, cost or price and other factors, specified elsewhere in this solicitation, considered.

2. The College may –

1. Reject any or all offers if such action is in the College’s interest.

2. Accept other than the lowest offer.

3. The College intends to evaluate proposals and award a contract without discussions with the offeror. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint. The College reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

4. The College may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the offer.

5. A written award or acceptance of the offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the College may accept an offer whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before the award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by the College.

6. The College may determine that an offer is unacceptable if the prices proposed are materially unbalanced between line items or sub line items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the college.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

3.2 End of Contract Transition

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State.

Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

3.3 Invoicing

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) will not be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

A. Contractor name and address;

B. Remittance address;

C. Federal taxpayer identification (FEIN) number, social security number, 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. Goods or services provided;

J. Amount due; and K. Any additional documentation required by regulation or the Contract.

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

The State reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide all required deliverables within the time frame specified in the Contract or otherwise fails to satisfy the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

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

Invoices 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.

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In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.3.1 Invoice Submission Schedule

The Contractor shall submit invoices in accordance with the following schedule:

A. For items of work for which there is one-time pricing (see Exhibit 2 –SMCM General Conditions), those items shall be billed in the month following the acceptance of the work by the College.

B. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the RFP.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

MBE liquidated damages are identified in Exhibit 1 – SMCM Supplementary Conditions.

Liquidated Damages other than MBE

Liquidated damages other than MBE are identified in Exhibit 1 – SMCM Supplementary Conditions.

3.5 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

A. Contact information B. The process for establishing the existence of a problem;

C. Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

D. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

E. Expedited escalation procedures and any circumstances that would trigger expediting them;

F. The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

G. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

H. A process for updating and notifying the Contract Monitor of any changes to the PEP.

I. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10) Business Days after the start of each Contract year .

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

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3.6 Work Orders

This section is inapplicable to this RFP.

3.7 Payments by Electronic Funds Transfer

By submitting a Proposal in response to this solicitation, the Offeror, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Offeror shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

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

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GAD X10Form20150615.pdf.

3.8 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR

21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

3.9 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.10 Conflict of Interest Affidavit and Disclosure

The Offeror shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and submit it with its Proposal.

By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Offerors are advised that Md. Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or

RFP for St. Mary’s College of Maryland Page 17 of 41 proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Offeror submitting a Bid in violation of this provision shall be classified as “not responsible.”

3.11 Non-Disclosure Agreement

3.11.1 Non-Disclosure Agreement (Bidder/Offeror)

A Non-Disclosure Agreement (Bidder/Offeror) is not required for this procurement.

3.11.2 Non-Disclosure Agreement (Contractor)

A Non-Disclosure Agreement (Contractor) is not required for this procurement.

3.12 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of Maryland. See the Department of Labor, Licensing and Regulations website for Maryland Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

3.13 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)

Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

3.14 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

3.14.1 The following type(s) of insurance and minimum amount(s) of coverage are required:

A. Commercial General Liability - One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and three million dollars ($3,000,000) annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Errors and Omissions/Professional Liability - One million dollars ($1,000,000) per combined single limit per claim and three million dollars ($3,000,000) annual aggregate.

C. Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of one million dollars ($1,000,000) per loss, and a minimum single loss retention not to exceed ten thousand dollars ($10,000), with the State of Maryland listed as a “loss payee.”

D. Cyber Security / Data Breach Insurance – Not required for this contract.

https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

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E. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

F. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

3.14.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

3.14.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier to provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are canceled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

3.14.4 Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State.

3.14.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

3.14.6 Subcontractor Insurance

The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

3.15 Non-Compete Clause Prohibition

The State of Maryland seeks to maximize the retention of personnel working under the Contract whenever there is a transition of the Contract from one contractor to another so as to minimize disruption due to a change in contractor and maximize the maintenance of institutional knowledge accumulated by such personnel. To help achieve this objective of staff retention, each Offeror shall agree that if awarded the Contract, the Offeror’s employees and agents filling the positions set forth in the staffing requirements of Section 2 working on the State contract shall be free to work for the contractor awarded the State contract notwithstanding any non-compete clauses to which the employee(s) may be subject. The Offeror agrees not to enforce any non-compete restrictions against the State with regard to these employees and agents if a different vendor succeeds it in the performance of the Contract. Proposal Submission Information and Instructions

3.16 eMaryland Marketplace Advantage (eMMA)

RFP for St. Mary’s College of Maryland Page 19 of 41 eMMA is the electronic commerce system for the State of Maryland. The RFP, Pre-Proposal Conference (Conference) summary and attendance sheet, Offerors’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

To receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

3.17 Electronic Means

The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

A. Submission of Bond documents determined by the State to require original signatures; or B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

Any e-mail transmission is only authorized to the email addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Monitor.

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions.

Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

3.18 Pre-Proposal Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Proposals. If the solicitation includes an MBE participating goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a offeror’s good faith efforts if there is a waiver request.

It is highly recommended that all Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the RFP requirements and the socio-economic goals for this solicitation.

MBE subcontractors are encouraged to attend the Conference to market their participation to potential prime contractors.

In order to assure adequate accommodations at the Conference, please email the completed Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

If the Conference is in person, attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://procurement.maryland.gov/

RFP for St. Mary’s College of Maryland Page 20 of 41

3.19 Questions

All questions, including concerns regarding any applicable MBE participation goals, shall identify in the subject line the Solicitation Number and Title for this RFP, must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Proposal due date.

3.19.1 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for RFP amendments and posted on eMMA.

3.19.2 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the State unless it issues an amendment to the solicitation in writing.

3.20 Proposal Due (Closing) Date and Time

Proposals must be received by the Procurement Officer no later than the Proposal due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR 21.05.03.02.F and 21.05.02.10, Proposals received after that date will not be considered.

Requests for extension of this date or time shall not be granted.

For Proposals accepted via email, the time stamp to indicate receipt of the Proposal by the State, is the posted date and time in the Procurement Officer’s email inbox.

Proposals may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Proposals.

Potential Offerors not responding to this solicitation are requested to submit the “No Bid/Proposal Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

3.21 Economy of Preparation

Proposals should be prepared simply and economically and provide a straightforward and concise description of the Offeror’s Proposal to meet the requirements of this RFP.

3.22 Public Information Act Notice

The Offeror should give specific attention to the clear identification of those portions of its Proposal that it considers confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4 (See also RFP Section 5.3.2. Table A, Tab B “Claim of Confidentiality”). This information should be identified by page and section number and placed after the Title Page and before the Table of Contents in the Technical Proposal and if applicable, separately in the Financial Proposal.

Offerors are advised that, upon request for this information from a third party, the Procurement Officer is required to make an independent determination whether the information must be disclosed.

RFP for St. Mary’s College of Maryland Page 21 of 41

3.23 Oral Presentation

Offerors may be required to make oral presentations to State representatives. Oral presentations are considered part of the Technical Proposal. Offerors must confirm in writing any substantive oral clarification of, or change in, their Proposals made in the course of discussions. Any such written clarifications or changes then become part of the Offeror’s Proposal. The Procurement Officer will notify Offerors of the time and place of oral presentations.

3.24 Duration of Proposals

Proposals submitted in response to this RFP are irrevocable for the latest of the following: 180 days following the Proposal due date and time, best and final offers if requested (see Section 6.5.2), or the date any protest concerning this RFP is finally resolved. This period may be extended at the Procurement Officer’s request only with the Offeror’s written agreement.

3.25 Revisions to the RFP

3.25.1 All revisions to the RFP before the due date for Proposals will be published in an addendum to the RFP and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Offerors that were sent this RFP or are otherwise known by the Procurement Officer to have obtained this RFP. It is the responsibility of all prospective Offerors to check eMMA for any addenda issued prior to the submission of Proposals.

3.25.2 Offerors shall acknowledge receipt of all addenda to this RFP issued before the Proposal due date in the Transmittal Letter accompanying the Offeror’s Technical Proposal.

3.25.3 Addenda made after the due date for Proposals will be sent only to those Offerors that remain under award consideration as of the issuance date of the addenda.

3.25.4 Acknowledgement of the receipt of addenda to the RFP issued after the Proposal due date shall be in the manner specified in the addendum notice.

3.25.5 Failure to acknowledge receipt of an addendum does not relieve the Offeror from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Proposal to be deemed not reasonably susceptible of being selected for award.

3.26 Cancellations

3.26.1 This RFP may be cancelled as provided in COMAR 21.06.02.02.

3.26.2 The State 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.

3.26.3 The State reserves the right, in its sole discretion, to award a Contract based upon the written Proposals received without discussions or negotiations.

3.26.4 In the event a government entity proposes and receives the recommendation for award, the procurement may be cancelled and the award processed in accordance with COMAR 21.01.03.01.A(4).

3.26.5 If the services that are the subject of the RFP are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the RFP may be canceled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

RFP for St. Mary’s College of Maryland Page 22 of 41

3.27 Incurred Expenses

The State will not be responsible for any costs incurred by any Offeror in preparing and submitting a Proposal, in making an oral presentation, providing a demonstration, or performing any other activities related to submitting a Proposal in response to this solicitation.

3.28 Protest/Disputes

Any protest or dispute related to this solicitation or the Contract award shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

3.29 Offeror Responsibilities

3.29.1 An Offeror, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Offeror (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work. Offerors must be able to provide all goods and services and meet all of the requirements requested.

3.29.2 If applicable, subcontractors utilized in meeting the established MBE participation goal(s) for this solicitation shall be identified using Attachment D or Attachment E as appropriate.

Guidance for completing the Attachments is provided in the appropriate Exhibit to this RFP (see “Exhibit 1 – Supplementary Conditions”).

3.29.3 If the Offeror is the subsidiary of another entity, all information submitted by the Offeror, including but not limited to references, financial reports, or experience and documentation (e.g.

insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Offeror, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Offeror’s Proposal shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

3.29.4 A parental guarantee of the performance of the Offeror under this Section will not automatically result in crediting the Offeror with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Offeror’s experience and qualifications.

Instead, the Offeror will be evaluated on the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Offeror, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

3.30 Acceptance of Terms and Conditions

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 and the Contract, attached hereto as Exhibit 1 – SMCM Supplementary Conditions and Exhibit 2 – SMCM General Conditions.

Any exceptions to this RFP or the Contract shall be clearly identified in the Executive Summary of the Technical Proposal. All exceptions will be taken into consideration when evaluating the Offeror’s Proposal. The College reserves the right to accept or reject any exceptions.

RFP for St. Mary’s College of Maryland Page 23 of 41

3.31 Compliance with Laws/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 applicable to its activities and obligations under the Contract.

By submitting a response to this solicitation, each Offeror represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and shall not become so in arrears during the term of the Contract if selected for Contract award.

3.32 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at 123 Market Place Baltimore, MD 21202. For registration information, visit https://www.egov.maryland.gov/businessexpress.

It is strongly recommended that any potential Offeror complete registration prior to the Proposal due date and time. The Offeror’s failure to complete registration with SDAT may disqualify an otherwise successful Offeror from final consideration and recommendation for Contract award.

3.33 False Statements

Offerors are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows:

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

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

B. Make…