RFP6642SBROncallMECH.pdf

UNIVERSITY OF MARYLAND, COLLEGE PARK

DEPARTMENT OF PROCUREMENT AND BUSINESS SERVICES

REQUEST FOR PROPOSALS (RFP)

RFP NO. 00006642-E

Issue Date: April 28, 2025

PROJECT NAME:

ON-CALL

Mechanical Contracting Services for Small Projects

University of Maryland College Park

This is a Small Business Reserve Procurement

Minority Business Enterprises Are Encouraged to Respond to this

Solicitation

Rev. 04/20

The State of Maryland’s Small Business Reserve Program requires Maryland State Agencies, including the University of Maryland, to reserve at least 15 % (increased from 10%) of their total procurements each year for competition exclusively among Maryland-certified Small Business Enterprises. The overall goal is to increase economic opportunities for small businesses.

Once a solicitation has been designated as “SBR,” an award can only be made to a registered SBR vendor. Registration is an online process through eMaryland Marketplace Advantage (EMMA). Vendors attest to meeting the eligibility standards and must re-certify annually. There is no cost to participate in the SBR Program. A Small Business is defined as a for-profit business, other than a broker, that meets the following criteria:

● Is independently owned and operated; the business is not a subsidiary of another business; and the business is not dominant in its field of operation;

AND

● The wholesale operations of the business did not employ more than 50 persons, or the gross sale of the business did not exceed an average of $4,000,000 in its most recently completed three (3) fiscal years*;

● The retail operations of the business did not employ more than 25 persons, or the gross sale of the business did not exceed an average of $3,000,000 in its most recently completed three (3) fiscal years*;

● The manufacturing operations of the business did not employ no more than 100 persons, or the gross sale of the business did not exceed an average of $2,000,000 in its most recently completed three (3) fiscal years*;

● The service operations of the business did not employ no more than 100 persons, or the gross sale of the business did not exceed an average of $10,000,000 in its most recently completed three (3) fiscal years*;

● The construction operations of the business did not employ more than 50 persons, or the gross sales of the business did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years*.

● The architectural and engineering services of the business did not employ more than 100 persons, or the gross sales of the business did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years*.

*If a business has not existed for three years, the gross sales average is computed for the period of the business’s existence. For newly formed businesses the determination will be based upon employment levels and projected gross sales.

● Register on eMaryland Marketplace Advantage(eMMA): http://procurement.maryland.gov/

● Under “Quick Links, click on: “Small Business Reserve Program” for details, updates and general information regarding the Governor’s Office of Small, Minority and Women’s Business Affairs.

● To register, complete the SBR self-certification process in eMaryland Marketplace Advantage (eMMA). If your company is not yet registered in eMMA. you can complete the SBR self-certification during your initial registration.

Follow the instructions to Register Your Business in eMaryland Marketplace Advantage. If your company is already registered in eMMA and you wish to review the status of your SBR certification or complete the SBR self-certification follow the instructions for SBR Certification Registration and Renewal through the QRG.

University of Maryland College Park Business Diversity Programs

Phone: (301) 405-6055 Email: bizdiversity@umd.edu

MARYLAND SMALL BUSINESS RESERVE PROGRAM

RFP KEY INFORMATION SUMMARY SHEET

Request for Proposal:

RFP Number:

RFP Issue Date:

RFP Issuing Office:

Procurement Officer:

Project Management:

On-Call Mechanical Small Projects (SBR)

00006642

April 28, 2025

University of Maryland College Park Construction & Facilities Procurement 2113-R, Chesapeake Building 4300 Terrapin Trail College Park, MD 20742-3111

R. Denise Elliott

Phone: 301-405-3371 e-mail: Elliott1@umd.edu

University of Maryland College Park Department of Planning and Construction ???

Proposals are to be sent to:

https://umd.app.box.com/f/fbf7d9fd59684acab280491000a3fe46

Pre-Proposal Conference: Friday May 2, 2025 at 2:00PM, local time University of Maryland College Park via Zoom, dial-in info on next page

Deadline for Questions: May 9, 2025 by 3:00 PM

Proposal Due Date and Time: May 16, 2025 by 3:00 P.M EST Proposals delivered electronically at above link.

MBE Subcontracting Goal: To be issued per project

Contract Duration: Two (2) Years with four (4) one-year renewals

SBR Designation: Yes mailto:Elliott1@umd.edu https://umd.app.box.com/f/fbf7d9fd59684acab280491000a3fe46

Zoom connection information:

Topic: RFP 00006642-E On-call Mechanical Time: May 2, 2025 02:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://umd.zoom.us/j/5028892558?pwd=a2VLODE4Z0JyWm9EOTBJTy83NVVCZz09&omn=

98774747559

Meeting ID: 502 889 2558 Passcode: 0BJhUN

Join by SIP

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Join by H.323

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• 159.124.47.249 (Germany)

• 159.124.104.213 (Australia Sydney)

• 159.124.74.212 (Australia Melbourne)

• 170.114.180.219 (Singapore)

• 64.211.144.160 (Brazil)

• 159.124.132.243 (Mexico)

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Meeting ID: 502 889 2558 Passcode: 850776

ATTENTION ALL

CONTRACTORS/SUBCONTRACTORS

HELP PREVENT FRAUD AND

ABUSE IN THE MINORITY

BUSINESS ENTERPRISE PROGRAM

REPORT KNOWN OR SUSPECTED VIOLATIONS TO:

UNIVERSITY OF MARYLAND AT COLLEGE PARK

DEPARTMENT OF PROCUREMENT & BUSINESS SERVICES

COLLEGE PARK, MARYLAND

MBE HOTLINE

301-405-6055

Examples of MBE Fraud Include:

! MBE's Acting As "Fronts" For ! MBE's Re-Contracting To Prime Contractors Non-MBE Firms

! Prime Contractors ! Falsifying Documents Managing MBE's Workforces ! Bribery

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

Rev. 8/11

TABLE OF CONTENTS

PART I PAGE

RFP KEY INFORMATION SUMMARY SHEET 1 -1

SECTION 00100 INSTRUCTIONS TO PROPOSERS 1 - 17

SECTION 00200 INFORMATION AVAILABLE TO PROPOSERS 1 - 1

SECTION 00300 PROPOSALS & EVALUATION 1 - 11

PART II GENERAL TERMS AND CONDITIONS OF

THE CONTRACT (Under Separate Cover) 1 – 95

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

MODIFICATION OF CONTRACT (Sample Copy) 1 - 2

PERFORMANCE BOND (Sample Copy) 1 - 2

PAYMENT BOND (Sample Copy) 1 - 2

PART IV SPECIFICATIONS AND GENERAL REQUIREMENTS

(Under Separate Cover)

PART V PROPOSAL FORM 1 - 3

ATTACHMENT A PROPOSAL AFFADAVIT 1 - 7

ATTACHMENT B CONFLICT OF INTEREST 1 - 2

INFORMATION/AFFIDAVIT

AND DISCLOSURE

ATTACHMENT D SOCIAL RESPONSIBILITY 1 – 3

AFFIDAVIT

ATTACHMENT E CERTIFICATION REGARDING 1 – 1

INVESTMENT ACTIVITIES

IN IRAN

UNDER SEPARATE COVER

LOOSE FORMS PACKAGE-TECHNICAL

Major Milestone Schedule 1 – 1

Key Personnel Forms 1 – 3

General Contractor Experience Form 1 – 1

Company Profile 1 – 1

Annual Sales Volume 1 – 1

Current Workload Form 1 – 1

MBE FORMS:

(Included in Part V)

Acknowledgement of Certified MBE Utilization and Fair Solicitation 1 - 2 Affidavit (MBE A-1) Rev. 10-2024

MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (MBE Attachment D-1A) 1 – 10

MBE Waiver Guidance (MBE Attachment D-1B) 1 – 4

MBE Subcontractor Unavailability Certificate (MBE Attached D-1B Exhibit A) 1 - 1

MBE Good Faith Waiver Support (MBE Attachment D-1C) 1 – 4

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

MBE Subcontractor Participation (MBE Attachment D-3A) 1 – 2

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

Prime Contractor Monthly Payment UMCP (MBE Attachment D-4A) 1 – 2

SOLICITATION SCHEDULE

Issue Date Request for Proposal

Pre-Proposal Conference

Technical Proposal Due

SECTION 00100

INSTRUCTIONS TO PROPOSERS

RFP No. 6642 On-Call Mechanical Contracting Services for Small Projects University of Maryland, College Park, MD

Rev. 7/18 - 1 - 00100

SECTION 00100 INSTRUCTIONS TO PROPOSERS

A. OBJECTIVE

1. The objective of this Request for Proposal (RFP) is for the University of Maryland, College Park (herein referred to as the University or UMCP) to select an on-call Mechanical Contractor (MC) to provide all labor, materials equipment and supervision for mechanical projects on an “as needed basis” less than $200,000.00 for the University of Maryland College Park and its USM Service Center Client Institutions. For purposes of this procurement and the resulting contracts, the meaning of “on-call” is as follows: The Contractor (s) are to be available (on call) as projects arise to provide construction services for UMCP and their Service Centers; the University cannot, however, forecast what the frequency of use will be.

2. All work performed under this contract shall be in accordance with the University of Maryland, College Park General Terms and Conditions of the Contract (PUR-046, 11/21/22 Rev.) as supplemented by the contract drawings, technical specifications, any amendments, supplementary conditions and, other components/sections of the contract documents as listed herein.

NOTE: The University is in the process of updating these Terms and Conditions and may provide the updated copy prior to award.

3. The initial contract is to be for a period of two (2) years from date of award. The University retains, at its sole discretion, the right to renew any resulting contract(s) for four (4) additional one-year periods, under the same terms and conditions of the original contract.

4. The University anticipates making multiple awards to MC’s. Upon selection of the MC’s and approval by the Maryland of Public Works, the Contracts will be executed.

5. It is anticipated that no project will exceed $200,000.

All proposers are advised that such dollar volumes are estimates only and all proposers further understand and agree that in providing such estimates, the University makes no guarantee that any or all of the estimated work will be assigned to the successful On-Call MC firm(s).

B. INSTRUCTIONS FOR SUBMITTAL OF PROPOSALS

University of Maryland, College Park, MD

Rev. 7/18 - 2 - 00100

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

C. ISSUING OFFICE

The Issuing Office shall be the sole point of contact with the University for the purpose of preparation and submittal of the proposal in response to this RFP.

The Issuing Office shall be the sole point of contact with the University for questions and inquiries regarding preparation and submittal of this proposal. See RFP Key Information Summary Sheet for contact information

D. PRE-PROPOSAL CONFERENCE & SITE VISIT:

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

2. Attendance is strongly recommended.

E. TERMINOLOGY

All references in this Proposal Request to Contractor, Proposer, Architect, and other person or persons are made relative to the singular person, male gender (e.g. "he", "him", "his", etc.) These are intended only as generic terms relative to number and gender, and are employed solely to simplify text and to conform with commonly used construction specification language.

F. QUESTIONS AND INQUIRIES

1. Questions and inquiries shall be directed to the individual referenced in RFP Key Information Summary Sheet. The Issuing Office is open from 8:00 a.m.

to 5:00 p.m. weekdays.

2. The sole point of contact between Contractors and the University will be formally made at scheduled meetings or in writing through the Issuing Office.

Requests for clarification or additional information must be made in writing to the Procurement Officer and received at the Issuing Office no later than May 9, 2025 at 3:00 PM. Such requests should contain the following: Questions:

RFP #6642”. Only written communications relative to the procurement shall

Rev. 7/18 - 3 - 00100 be considered. Hard copy, facsimile and electronic mail are acceptable methods for submission of questions. It is incumbent upon the Contractor to verify University receipt of their questions.

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

G. TECHNICAL DUE DATE AND TIME

1. The Technical Proposals shall be prepared and submitted as specified in Section 00300 of this RFP. Technical must arrive at the Issuing Office, by the date and time specified in the RFP Key Information Summary Sheet in order to be considered. Proposers shall clearly mark both original copies as such.

2. Proposers shall allow sufficient delivery time to ensure timely receipt of proposals by the Issuing Office. Proposals or unsolicited amendments arriving after the due date and time will not be considered.

3. LATE PROPOSALS: Any proposal, request for withdrawal, or modification of a proposal that is not received at the designated location, time and date set forth herein will be deemed late and therefore not be considered. Delivery of the proposal to the specified location by the prescribed time and date is the sole responsibility of the Contractor. Exceptions may be authorized, at the sole discretion of the Procurement Officer, when the reason for the late proposal, late request for withdrawal or late modification of a proposal is due to the action or inaction of the University. A record of the late proposal, request for withdrawal, or modification of a proposal, shall be made in the appropriate procurement file.

H. SITE INVESTIGATION

Once projects are bid by submitting a proposal, the proposer acknowledges that he has investigated and satisfied himself as to the conditions affecting the work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, and electric power. Any failure by the offeror to acquaint himself with the available information will not relieve him of responsibility for estimating properly the cost of successfully performing the work. The University shall not be responsible for any conclusions or interpretations made by the proposer of the information made available by the University.

Rev. 7/18 - 4 - 00100

I. PROPOSAL SECURITY

1. Due to the “On-call” nature of this procurement, a five percent (5%) proposal bond is not required with this solicitation, but will be required when submitting bids for individual projects.

2. The proposer to whom a “Task Order” in excess of $100,000 is awarded also must furnish Performance and Payment Bonds, each in the amount of one hundred percent (100%) of the Task order amount, including executed Change Orders, on the form provided. These Performance and Payment Bonds must be provided at the time of the signing of the Task Order, and prior to the start of any work. Cost for any bonds apply to the cumulative total of the work in progress under a given on call/time and material not to exceed contract but rather to a single project. The awardee will have ten (10) calendar days to return the Payment and Performance Bonds to the Procurement Officer after receipt of the Notice of Award, which will be prior to issuing the Task Order. The University will accept an electronic copy, but the originals must be mailed to the Procurement Officer.

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

J. RIGHT TO REJECT PROPOSALS AND WAIVE INFORMALITIES

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

K. DURATION OF PROPOSAL OFFER

Proposals shall be valid for a minimum of one hundred twenty (120) days following the closing date of this RFP. If an award is not made during that period, the proposal shall automatically extend for another one hundred twenty (120) days, unless the Contractor gives specific written notice to the Procurement Officer at least fifteen (15) days before the expiration of the then current one hundred twenty (120) day period. Proposals shall automatically renew for an additional one hundred twenty (120) days until such time as an award is made or proper written notice is given to the University of Contractor's intent

Rev. 7/18 - 5 - 00100 to withdraw its proposal. By submission of a proposal, Contractor guarantees that its offer shall be firm for the period specified above.

L. LICENSES AND QUALIFICATIONS

1. Proposers must be licensed as required by the Business Regulation Article of the Maryland Annotated Code, (Sections 17-301 through 17-308) and shall submit proof of current licensing with their technical offers.

2. The University reserves the right to require a proposer to demonstrate that he has the skills, equipment and other resources to satisfactorily perform work of the nature and magnitude necessary to complete the project within the proposed contract schedule.

M. CLARIFICATIONS AND AMENDMENT

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

Requests shall include the proposal number and title.

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

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

N. CANCELLATION OF SOLICITATION

1. Cancellation Before Opening - Before opening of bids or proposals, a solicitation may be cancelled in whole or in part when the University and when the procurement officer determines that this action is fiscally advantageous to the University or otherwise in its best interest.

2. Rejection of All Bids or Proposals - After opening of bids or proposals but before award, all bids or proposals may be rejected in whole or in part by the University when the procurement officer determines that this action is fiscally advantageous or otherwise in the University’s best interest.

Rev. 7/18 - 6 - 00100

3. Additional information and details can be found in the University System of Maryland Procurement Policies and Procedures as follows:

https://www.usmd.edu/usm/procurement/procedures.html

O. PROPOSAL ACCEPTANCE

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

2. In order to be considered for an award, a bidder/proposer must be registered on eMaryland Marketplace. For registration, please visit their website at https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage.

P. ECONOMY OF PREPARATION

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

Q. MODIFICATIONS AND WITHDRAWAL OF PROPOSALS

1. Withdrawal of, or modifications to, technical or price proposals are effective only if written notice thereof is filed with the Issuing Office prior to the time such proposals are due. A notice of withdrawal or modification must be signed by an officer with authority to commit the proposer.

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

R. TELEGRAPHIC/FACSIMILE PROPOSAL MODIFICATIONS

Proposers may modify their technical or price proposals by telegraphic or facsimile communication at any time prior to the due date and time set for receipt of technical or price proposals, provided such communication is received by the University's issuing office prior to such time and, provided further, that the University is satisfied that a written confirmation of the modification, over the signature of the proposer, was mailed https://www.usmd.edu/usm/procurement/procedures.html https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage.

Rev. 7/18 - 7 - 00100 prior to the time and date set for receipt of technical or price proposals. The communication shall not reveal the proposal price, but provide addition(s), subtraction(s), or other modifications so that the final prices, percentages or terms will not be known to the Issuing Office until the sealed price proposal is opened. If written confirmation is not received within two (2) days after the scheduled opening, no consideration will be given to the modification communication. No telephone proposal prices, price modifications or requests for withdrawal will be accepted.

S. FINANCIAL DISCLOSURE BY PERSONS DOING BUSINESS WITH THE

STATE

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

T. CONFIDENTIALITY/PROPRIETARY INFORMATION

Proposers should give specific attention to the identification of those portions of technical proposals deemed to be confidential, proprietary information or trade secrets, and provide justification of why such materials, upon request, should not be disclosed by the University under the Access to Public Records Act, State Government Article, Title 10, Subtitle 6 of the Annotated Code of Maryland. Contractors must clearly indicate each and every section that is deemed to be confidential, proprietary, or a trade secret. It is not sufficient to preface the technical offer with a proprietary statement.

U. REGISTRATION AND TAX PAYMENT:

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

V. AFFIDAVITS

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

Rev. 7/18 - 8 - 00100

2. Conflict of Interest Information/Affidavit and Disclosure enclosed with this document (Attachment B) must be executed by each responding proposers and submitted with the price proposal.

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

4. Certification Regarding Investment Activities in Iran enclosed with this document (Attachment E) must be executed by each responding proposers and submitted with the price proposal.

W. ARREARAGES (January 2004)

By submitting a response to this solicitation, the proposers represents that it is not in arrears in the payment of any obligation due and owing the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become so during the term of the contract.

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

X. MULTIPLE/ALTERNATIVE PROPOSALS

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

Y. TIME OF COMPLETION AND LIQUIDATED DAMAGES

Work associated with each project solicited under the master contracts awarded as a result of this solicitation must be completed within the time specified for each project following notice to proceed and shall be certified substantially complete as provided in the General Terms and Conditions of Contract. Liquidated Damages will be established as applicable and identified in the task order solicitation document.

Rev. 7/18 - 9 - 00100

Z. INCURRED EXPENSES

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

AA. DISCUSSIONS

This solicitation is a request for Competitive Sealed Proposals under University System of Maryland, Procurement Policies and Procedures. The University may elect to engage in discussions with one or more proposers on issues involving price or technical factors at any time prior to selection of the prospective awardee.

BB. DEBRIEFING OF UNSUCCESSFUL PROPOSERS

A debriefing of an unsuccessful proposer shall be conducted upon written request submitted to the Procurement Officer within ten (10) days of the date on which the proposer knew, or should have known, its proposal was unsuccessful. The debriefing shall be limited to a discussion of the proposer’s unsuccessful proposal. The debriefing will be oral and shall provide information on areas in which the proposal was deemed weak or insufficient. The debriefing may NOT include discussion of a competing offeror's proposal or discussion, thoughts, notes or ranking from an individual evaluation committee member. A summarization of the procurement officer's rationale for the selection may be given.

CC. ELECTRONIC FUNDS TRANSFER (EFT) – (June (2014)

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

By submitting a response to this solicitation, the Offeror agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. The selected Offeror shall register using the COT/GAD X-10 Vendor Electronic Funds Registration Request Form, which may be found on the following website:https://www.marylandtaxes.gov/forms/state-accounting/static-files/GADX10Form.pdf

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

https://www.marylandtaxes.gov/forms/state-accounting/static-files/GADX10Form.pdf https://www.marylandtaxes.gov/forms/state-accounting/static-files/GADX10Form.pdf

Rev. 7/18 - 10 - 00100

See Payment of University Obligations clause in the University of Maryland, College Park - General Terms and Conditions for additional information.

DD. ARTICLE 3 MINORITY BUSINESS ENTERPRISE PARTICIPATION:

1. MINORITY BUSINESS ENTERPRISE NOTICE

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

2 PURPOSE

b. COMAR 21.11.03.01 provides that maximum contracting opportunities be extended to prime contractors and subcontractors who are certified minority business enterprises (MBE). Proposer shall structure is procedures for the performance of the work required in this contract to attempt to achieve the Minority Business Enterprise (MBE) goals stated in the solicitation.

c. By submitting a response to this solicitation, the proposer agrees to exercise all good faith efforts to carry out such requirements, and agrees to manage the Contract so that MBE performance is in accordance with this contract, as authorized by Code of Maryland Regulations COMAR 21.11.03.

3. DEFINITION

A minority business enterprise is a firm that is certified as a minority business enterprise by the Maryland Department of Transportation. No other type or source of minority business enterprise certification is applicable or acceptable.

4. GOAL AND SUBGOALS

a. Minority Business Enterprise (MBE) participating goal and subgoals shall be established for each task order as applicable.

ONLY MDOT Certified MBEs may be included in the MBE Participation Schedule. No other MBE certifications are acceptable.

1) A subgoal to allocate xxxx percent of the final amount of the Contract to certified MBEs classified as African American-Owned Business.

(2) A subgoal to allocate xxxx percent of the final amount of the Contract to certified MBEs classified as Asian American-Owned Business.

(3) A subgoal to allocate xxxx percent of the total contract dollar amount to

Rex Fitch Make sure this section is up to date�

Karen P. Elvidge I will before it is posted.

Rev. 7/18 - 11 - 00100 certified MBEs classified as Hispanic American-Owned Business.

(4) A subgoal to allocate xxxx percent of the total contract dollar amount to certified MBEs classified as Woman-Owned Business.

b. Notwithstanding the subgoals established in this section, the Contractor is encouraged to use a diverse group of subcontractors and suppliers from any of the various MBE classifications to meet the remainder of the minority business enterprise participation goal.

c. If the Contractor is a minority business enterprise, or a joint venture that includes minority business enterprise partners, the Contractor must meet the minority business enterprise subgoals with minority business enterprise subcontractors. MBEs performing work as the Prime Contractor may count a portion of their work against the goal and subgoals (if applicable). See MBE forms and instructions for specific guidance.

d. If a minority business enterprise firm that is included in the proposed MBE Participation Schedule becomes unavailable or is determined to be ineligible at any time before Contract execution, the Contractor shall notify the procurement officer in writing immediately, describing the proposed change and the Contractor's efforts to substitute another minority business enterprise to perform the work. After Contract execution, a proposed change must have the University’s prior written approval, and the procurement officer must issue a contract modification authorizing the change.

5. SUBMISSION OF MBE PROGRAM DOCUMENTS

a. A Bidder or offeror must include with its bid or offer for Task Order projects:

A bidder Acknowledgement of Certified MBE Utilization and Fair Solicitation Affidavit (MBE Acknowledgement Affidavit Rev 02/05/2021) where by the bidder or offeror acknowledges that there will be certified MBE participation goal on projects, commits to make good faith effort to achieve the goal, and affirms that MBE Subcontractors were treated fairly in the solicitation process.

If a bidder or offeror fails to submit the Acknowledgement of Certified MBE Utilization and Fair Solicitation Affidavit Rev. 02/05/2021 with the offer as required, the Procurement Officer shall deem the bid non-responsive or shall determine that the offer is not reasonably susceptible of being selected for award.

b. When Contractor is requested to submit a fee proposal/bid for a project that a Task Order will be issued and an MBE Subcontracting Goal is included in the bid, Contractor must include with their proposal/bid the following documents with initial proposals/bid:

(1) With the Price Proposal, submit the MBE Utilization and Fair

Rex N. Fitch Check formatting. Make sure everything lines up properly

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

(2) Within 10 work days or sooner from notification that it is the selected proposer or from the date of actual Contract award, whichever is earlier, or as otherwise required in solicitation documents, the selected proposer shall have the MBE Subcontractor submit the MBE 3A Form and the proposer shall submit the other documents listed below in this subsection to the procurement officer. If the selected proposer fails to return each document within the required time, the procurement officer may reject the offer per COMAR 21.11.03.10 F. If the Contract has already been awarded, the award is voidable.

(3) MBE Subcontractor Project Participation Statement of Intent (MBE-3A), for each MBE subcontractor. (submitted by Subcontractor)

(4) MBE Prime Contractor Project Participation Statement of Intent (MBE-3B), if applicable.

(5) If the selected proposer believes a waiver for all or part of the minority business enterprise goal or of any subgoal is necessary, it must submit:

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

and,

b. MBE Good Faith Efforts Documentation to Support Waiver Request (Attachment MBE-1C), if applicable; and,

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

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

c. The proposer shall submit the documents listed below in this subsection within ten (10) working days from notification that it is the apparent awardee or from the date of the actual award, whichever is earlier, the apparent awardee must provide the following documentation to the Procurement Officer.

(1) With the solicitation plan, submit:

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i. Outreach Efforts Compliance Statement (Attachment

MBE-2).

ii. MBE Subcontractor Project Participation Statement of Intent (MBE-3A), and, if applicable

iii. MBE Prime Contractor Project Participation Statement of Intent (MBE-3B).

6. CONTRACT ADMINISTRATION REQUIREMENTS

a. Per COMAR 21.11.03.13,the Contractor shall submit monthly to the MBE Liaison a Prime Contractor MBE Monthly Payment Report (MBE-5A), identifying unpaid invoices over 30 days old received from a minority business enterprise subcontractor and the reason payment has not been made. This shall include MBE subcontractors at all tiers.

b. The Contractor shall include in agreements with minority business enterprise subcontractors at any tier a requirement that such subcontractors, when actively working on the project, submit monthly to the MBE Liaison a MBE Subcontractor Monthly Payment Report (MBE-4A), identifying the payments received from Contractor in the preceding 30 days, outstanding invoices, and each invoice amount. This report must be signed by the MBE subcontractor. The Contractor shall ensure that the MBE subcontractors submit this report.

c. The Contractor shall maintain the records necessary to confirm compliance with its MBE participation obligations. Such records must identity the minority business enterprise subcontractors and non-MBE subcontractors under the Contract, the type of work performed by each, and the dollar value of work performed. Subcontracts that document the work performed by minority business enterprise subcontractors and non-MBE subcontractors must be provided to the procurement officer when requested.

(1) The Contractor shall provide such documentation as is reasonably requested and provide right-of-entry at reasonable times for the State’s representatives to verify compliance with the MBE participation obligations.

(2) At the option of the procurement officer, upon completion of the Contract and before final payment or release of retainage, the Contractor shall submit a final report in affidavit form and under penalty of perjury, of the payments made to, or withheld from minority business enterprise subcontractors.

7. LIQUIDATED DAMAGES FOR NON-COMPLIANCE

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a. The Contractor shall make good faith efforts to comply with requirements of the Minority Business Enterprise Program and provisions of the Contract regarding MBE participation. The State and the Contractor acknowledge and agree that the State will incur such damages as loss of goodwill, detrimental impact on economic development, diversion of internal staff resources, and other damages, if the Contractor does not make good faith efforts to comply. The State and the Contractor further agree that such damages are difficult to calculate precisely.

b. If the State determines that the Contractor has failed to make good faith efforts to comply with an MBE Program requirement or Contract provision, the Contractor shall pay liquidated damages at the rates set forth below. The University will notify the Contractor in writing of the reason for imposing liquidated damages and the amount owed, and may withhold payment to the Contractor to recoup the liquidated damages owed. The Contractor agrees that for each violation, the liquidated damages imposed are reasonably proximate to the loss the State is anticipated to incur as a result of such violation.

c. If the Contractor does not submit a monthly payment report as required by COMAR 21.11.03.13B (3), liquidated damages are 25 dollars per day until the monthly report is submitted as required.

d. If the Contractor does not include in its subcontracts with MBE subcontractors a provision requiring submission of payment reports as required by COMAR 21.11.03.13B (4), liquidated damages are 100 dollars per MBE subcontractor.

e. If the Contractor does not comply with COMAR 21.11.03.12 and terminates, cancels, or reduces the scope of work or value of a contract with an MBE subcontractor or amends the MBE participation schedule, liquidated damages are the difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE firm for the Contract.

f. If the Contractor does not meet the Contract’s minority business enterprise participation goal and subgoal commitments, liquidated damages are the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the dollar value of MBE participation actually achieved.

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

8. CONTRACTOR ASSISTANCE

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a. Contractors seeking assistance in locating certified firms or answers to questions about the requirements for minority business enterprise participation are encouraged to contact the MBE Liaison:

MBE Liaison, Anthony Harmon University of Maryland Department of Procurement and Strategic Sourcing 2113-R Chesapeake Building College Park, Maryland 20742 EMAIL: aharmon4@umd.edu Telephone: 301-405-6055

b. Contractors who have questions concerning the minority business enterprise certification process, need assistance with searching the MBE directory, or have questions about specific MBE firms, may contact:

Maryland Department of Transportation Minority Business Enterprise Program 7201 Corporate Center Hanover, MD 21076

In State: 410-865-1269 Toll Free: 1-800-544-6056

c. Online assistance in locating minority business enterprise firms may be found in the Directory of Certified Firms published by the Maryland Department of Transportation and updated nightly at: https://marylandmdbe.mdbecert.com/..

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

https://www.mdot.maryland.gov/tso/pages/index.aspx?pageid=90.

EE. MINORITY BUSINESS ENTERPRISE (MBE) NOTICE

Minority business enterprises are encouraged to respond to this solicitation.

FF. E-MARYLAND MARKETPLACE ADVANTAGE

All vendors interested in conducting business with the University of Maryland must register at https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage. Registration is free. EMaryland Marketplace Advantage (eMMA) is the State of Maryland’s Internet-based procurement system. Registered vendors can access bid solicitations and receive email notification when new solicitations are posted.

GG. COMMERCIAL NONDISCRIMINATION CLAUSE

mailto:aharmon4@umd.edu

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A. “As a condition of entering into this Agreement, Contractor represents and warrants that it will comply with the State's Commercial Nondiscrimination Pol icy, as described under State Finance and Procurement Article, Title 19, Annotated Code of Maryland. As part of this compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace.

Contractor understands that a material violation of this clause shall be considered a material breach of this Agreement and may result in termination of this Agreement, disqualification of Contractor from participating in State contracts, or other sanctions.

This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

B. The Contractor shall include the provision in §A of this regulation in all subcontracts to the State contract.

C. The following provision is mandatory for all State contracts: “As a condition of entering into this Agreement, upon the request of the Maryland Commission on Human Relations, and only after the filing of a complaint against Contractor under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, as a men d ed from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Con tractor has used in the past 4 years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State's Commercial Nondiscrimination Policy as set forth under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, and to provide any documents relevant to any investigation that is requested by the State. Contractor understands that violation of this clause is a material breach of this Agreement and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions."

HH. RECIPROCAL PREFERENCE FOR RESIDENT RESPONDERS

As set forth in § 14-401 of the State Finance and Procurement article of the Annotated Code of Maryland, a non-resident firm submitting a proposal, in response to a solicitation, is to attach to

Rev. 7/18 - 17 - 00100 its proposal a copy of the current statute, policy, procedure, or executive order of the resident firm’s State if that State gives a preference to its residents firms. Where such a statute, policy, procedure, or executive order is in effect in the responder’s resident state, the University may apply a preference identical to that applied by the respondent firm’s resident state as long as application of that preference is not in conflict with a federal law or grant affecting the procurement contract.”

II. SMOKING POLICY

Smoking is prohibited on the campus.

Ref. https://www.usmd.edu/regents/bylaws/SectionVI/VI810.pdf

JJ. MARYLAND LAW PREVAILS. This Contract shall be construed, interpreted and enforced according to the laws of the State of Maryland, without reference to its conflicts of law principles”

END OF SECTION 00100

https://www.usmd.edu/regents/bylaws/SectionVI/VI810.pdf

SECTION 00200

INFORMATION AVAILABLE TO PROPOSERS

- 1 -

SECTION 00200 - INFORMATION AVAILABLE TO PROPOSERS

A. CONTRACT DOCUMENTS

1. Contract Documents consisting of the contents of this RFP, the Specifications and General Requirements (Refer to Part IV), the UMCP General Terms and Conditions of the Contract, (PUR-046, 11/21/22, Rev.), the contract documents (i.e., contract and bond forms, etc. found in Part V), the Loose Forms Package, and any Amendment that may be issued prior to the proposal due date, all of which describe the scope of work to be furnished, shall be furnished to all interested parties.

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

B. AVAILABLE RECORD DOCUMENTS

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

5. Such documents must be used, or copied, at the UMCP Facilities

Management/Department of Capital Projects & Construction, unless permission is granted in writing from UMCP otherwise. Proposers shall assume responsibility for cost of reproduction and for replacing any damaged or lost documents.

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

END OF SECTION 00200

SECTION 00300

PROPOSALS & EVALUATION

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SECTION 00300 PROPOSAL & EVALUATION

A. TRANSMITTAL LETTER

A transmittal letter prepared on the proposer’s business stationery must accompany the technical proposal. The purpose of this letter is to transmit the technical proposal, therefore, it should be brief, but shall confirm the proposer’s intent to be bound by the technical proposal, if accepted, and be signed by an individual authorized to bind the firm to all statements contained therein. Please include name and email of person of whom Procurement is to contact during the evaluation process. In addition, please include the name and email address for Minority Business Enterprise reporting information.

B. SIGNING OF FORM

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

C. BASIS FOR AWARD: QUALIFICATION BASED SELECTION

The University will follow a Competitive Sealed Proposals process utilizing the Qualifications Based Selection (QBS) approach to select the contractors for the required services. Under this approach, a Qualification Committee (QC) reviews the Technical Proposals from proposing firms. After review of the Technical Proposals and oral presentations/interviews, which are optional, the QC establishes a ranking of the technically acceptable firms. The Procurement Officer will recommend contract award to the responsible contractors that provide the best technical qualifications, considering the evaluation factors in this RFP.

D. TECHNICAL PROPOSAL SUBMITTAL

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

2. Submit one original of the technical proposal. Supplemental information may be

LPTA Rev. 08/11 - 2 - 00300 submitted as an appendix. Technical proposals shall be organized and tabbed according to the Technical Proposal Criteria listed below. The Technical Proposal and all required forms shall be completed in ink or typed; erasures and/or alterations shall be initialed in ink by the signer.

3. The technical proposal shall be one (1) package combined together (no separated by each form) and submitted via electronic box (See Key Information Summary). The Proposal shall have the proposer’s name, RFP number, and the project name prominently displayed, together with the words, “TECHNICAL PROPOSAL”.

4. The following items shall be included in…