RFQ Center of Arts Acoustics Project (Published) 10.30.2025.pdf
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- RFQ for the Center of Arts Acoustics Project
- Solicitation number
- BPM053913
- Issued by
- Baltimore County, Maryland
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RFQ Center of Arts Acoustics Project Summary
This Request for Quotes (RFQ) was issued by Towson University in Maryland on October 30, 2025, to solicit vendor proposals for upgrading acoustics in the Center for the Arts Building practice rooms. The project encompasses acoustic enhancements to one rehearsal room (CA 3071), four percussion rooms (CA 4048A-D), and twenty-three multi-instrument practice rooms (4037A-H, J-N, P; 4039A-H; 4045A-B; and 4047A-C, G-H, J) located on the fourth floor. Work scope includes replacing and installing high-performance acoustic ceiling tiles with minimum NRC ratings of 0.95-1.0, incorporating fabric-wrapped acoustic panels on walls and ceilings, and installing diffusers as specified. A mandatory site visit and pre-bid conference is scheduled for November 7, 2025, from 7:45 AM to 9:00 AM at the Center of Arts Building, Room CA 3080, with RSVP required two business days prior. Failure to attend the site visit will result in bidder ineligibility. Quotes are due no later than November 10, 2025, at 3:00 PM. Work must commence December 16, 2025, with primary completion scheduled during December 16-23, January 5-9, and January 11-16, with final work on the rehearsal room completed by January 20, 2026. Work is limited to three practice rooms per day during standard business hours (8 AM-5 PM), with no work permitted on January 10.
Pricing quotes shall be submitted using the provided Attachment A Pricing Sheet in Microsoft Excel format, with prices valid for 90 days. Payment will be made no later than 30 days following completion and acceptance of work. The contract does not exceed $200,000 and will be conducted in accordance with University System of Maryland procurement policies. The contractor must provide a Certificate of Insurance with coverage including Commercial General Liability ($2,000,000 each occurrence), Workers' Compensation as required by Maryland law, and name Towson University as an additional insured. All materials must comply with federal standards, Maryland law, and OSHA requirements. Optional future services may be requested through contract amendment, including curtain replacement and additional acoustic treatment if the desired acoustic improvements are not achieved. Questions should be directed to Nneka Gray at nnekagray@towson.edu, and quotes must be submitted through eMaryland Marketplace.
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| Attachment A - Pricing Sheet Instructions and Form.xlsx | XLSX spreadsheet |
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Request for Quotes
SOLICITATION TITLE: Request for Quotes (RFQ) for the Center of Arts Acoustics Project
SOLICITATION NUMBER: TU-2613
DATE ISSUED: October 30, 2025
SITE VISIT & PRE-BID CONFERENCE: November 7, 2025 at 7:45 AM -9:00 AM | Location: Center of Arts Building; Room: CA 3080, 7703 Osler Dr., Towson, MD 21252. Failure to attend this site visit will result in a bidder being deemed ineligible to bid on this project. Please RSVP emailing nnekagray@towson.edu, two (2) business days in advance of the meeting date is preferred.
BACKGROUND AND DESCRIPTION: Towson University (TU or University) is recognized as one of the finest music programs in Maryland. TU offers programs in music education, performance, composition, and jazz/commercial music draws outstanding students who pursue successful careers in music. In order to continue to provide students with pathways to excellence in performance, pedagogy, communication, and technology as required of 21st century musicians and continue its accreditation status; earlier this year TU engaged the services of a consultant to complete a room acoustic analysis for the music practice rooms.
TU has thirty-four (34) practice rooms are located on the fourth floor of the Center for the Arts building. Music majors enrolled in lessons are eligible for access. As a result of the analysis, TU is issuing this Request for Quotes (RFQ) to seek a vendor to assist with upgrading the acoustics of the practice rooms, consisting of the rehearsal, percussion, and multi-instrument practice rooms.
SPECIFICATIONS:
The Contractor shall provide the equipment and personnel to complete the work as described below.
A. Rehearsal Rooms
The rehearsal room is CA 3071 (see Figure 1).
The Contractor shall:
1. Replace the existing acoustical ceiling tiles (ACT) with fiberglass ACT that achieves a minimum rating of Noice
Reduction Coefficient (NRC) 0.95, such as Armstrong Optima.
2. Incorporate 190 Square Feet (SF) of diffusers within the ceiling grid, evenly distributed (see sample layout shown in
Figure 2).
3. Use fabric as specified in Section D.
B. Percussion Rooms The percussion rooms are CA 4048A, 4048B, 4048C, 4048D (see Figure 1).
The Contractor shall:
1. Incorporate 2” fabric wrapped acoustic panels on 50% of available ceiling space, with a minimum rating of NRC
1.0.
2. Incorporate 2-1/8” fabric wrapped impact resistant acoustic wall panels covering a minimum of 50% of the wall area on two adjacent walls, with a minimum rating of NRC 1.0 to start at 5’ AFF (in these rooms only).
4. Use fabric as specified in Section D.
Please Note: Treatment of continuous bands of panel can either be individual panels or a stretched fabric system with an acoustic backer.
RFQ for Towson University | Center of Arts Acoustics Project | towson.edu/procurement towson.edu/procurement https://tu-my.sharepoint.com/personal/nnekagray_towson_edu/Documents/RFP/Acoustics/nnekagray@towson.edu
C. Multi-Instrument Practice Rooms
The multi-instrument practice rooms are 4037A – H and J – N and P; 4039A – H; 4045A – B; and 4047-A-C and G,H, and J (see Figure 1).
The Contractor shall:
1. Incorporate 2” fabric wrapped acoustic panels on 50% of available ceiling space, with a minimum rating of NRC
1.0.
2. Incorporate 2-1/8” fabric wrapped impact resistant acoustic wall panels covering a minimum of 50% of the wall area on two adjacent walls from 2-8’ AFF, with a minimum rating of NRC 1.0.
3. Treatment could include multiple 2’x6’ panels installed on the wall area or incorporating a continuous band of acoustical panels. If a continuous band of panels are installed, they can either be individual panels or a stretched fabric system with an acoustic backer.
5. Use fabric as specified in Section D.
Figure 1: Classroom Designations Figure 2: Sample Layout
D. Fabric
The Contractor shall:
1. In the percussion and multi-media practice rooms use the same style/grade of fabric.
2. For the walls, use Guilford of Maine, Crosstown/ 030 Ray or similar upscale texture that matches with the TU
Brand.
3. Use a white or similar fabric for the ceiling tiles/applications.
E. Scheduling The Contractor shall provide services as follows:
1. Schedule work during the University’s normal business hours, from 8 am – 5pm.
2. Coordinate with the Contract Manager and Building Manager for access to rooms.
3. Complete the upgrades for CA 3071, during the dates of January 12 - 20.
4. Complete the upgrades to the practice rooms during the dates of December 16 - 23; January 5 - 9; January 11-
16. Practice rooms cannot be upgraded on January 10 and there can be no evidence of work progress on this date.
5. Work on up to three practice rooms per day.
6. Seek prior permission from the Contract Monitor if working outside the University's normal business hours.
Please note: The University will be closed December 24, 2025 – January 2, 2026, a bidder that would like to work during this period should indicate so in the bid.
Figure 2: Sample Layout
F. Optional Future Services
The following future services may be requested at the discretion of the University following a contract amendment. Upon assessment of the acoustic enhancements completed, if the desired level of improvement is not obtained, the University may request the additional services listed below.
1. Removal and replace the existing curtains with new curtains:
a. Remove the existing curtain
b. Replace with a new curtain as specified below:
i. Weight of 22 oz or greater.
ii. Achieve a rating of NRC 0.95 or greater.
iii. Have a fullness of 100% or greater.
iv. Fullness is the extra fabric used across the width of a drape. 100% fullness is defined as having two times as much fabric as the finished width of the curtain.
v. Spaced a minimum of 4” off of the GWB wall.
2. Incorporate fixed acoustic materials as follows:
a. 2000 SF of 2-1/8” fabric wrapped impact resistant acoustic wall panels.
b. Where needed, mount items on the wall on the gypsum wallboard (GWB) ceiling area (i.e. where there are fixed items on the wall such as whiteboards).
c. 540-700 SF of wall diffusers depending on available wall area.
d. Use fabric as specified in Section D.
DATE OF SERVICES OR DELIVERY: Materials to be ordered upon notification of award in order for Services begin December 16, 2025.
QUOTES DUE NO LATER THAN: November 10, 2025, at 3:00 PM
DIRECT QUESTIONS TO: Nneka Gray via email at: nnekagray@towson.edu
QUOTES ARE SUBMITTED TO: eMaryland Marketplace (Instructions)
PROCUREMENT METHOD: This procurement will be conducted in accordance with the University System of Maryland’s (USM) Procurement Policies and Procedures.
BASIS FOR AWARD: Award will be made to the contractor who submits the quote determined to be most advantageous to the University.
QUOTES: Prices quoted are valid for 90 days unless otherwise noted. Quotes shall be submitted in accordance with the Attachment A - Pricing Sheet, provided as a separate Microsoft Excel document. Payments shall be made no later than 30 days upon completion and acceptance of the work.
INSURANCE: Insurance requirements must abide by Section 41 of Towson University’s General Terms & Conditions for Simplified Procurement found below. A copy of the Certificate of Insurance with the limits outlined in Section 41 of the USM General Terms and Conditions shall be provided upon award.
TERMS AND CONDITIONS: The contractor shall agree to Towson University’s General Terms & Conditions for Simplified Procurements.
https://mdprocurement.freshdesk.com/support/solutions/articles/70000592965-responding-to-solicitations-ifb-vendor-https://www.usmd.edu/regents/bylaws/SectionVIII/VIII300.pdf https://www.usmd.edu/regents/bylaws/SectionVIII/VIII300.pdf
Procurement
General Terms & Conditions for Simplified Acquisitions (not exceeding $200,000)
This Addendum sets forth the mandatory terms and conditions required by Towson University and the Procurement Policies and Procedures of the University System of Maryland that by this Addendum are included in the contract attached. The Contractor agrees that the University's acceptance of and payment for the goods and/or services under this contract are conditioned upon the inclusion of the terms and conditions set forth below.
.01 Incorporation by Reference. All terms and conditions of the solicitation, and any amendments thereto, are made a part of this contract.
.02 Tax Exemption. The State is generally exempt from federal excise taxes, Maryland sales and use taxes District of Columbia sales taxes, and transportation taxes. Exemption certificates shall be completed upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply.
.03 Scope of Work. The Contractor shall furnish all labor, and all materials, equipment, supplies or services in order to complete the total work in accordance with the specifications, federal and State laws and regulations.
.04 Delivery and Acceptance. Delivery shall be made in accordance with the instructions set forth in the contract documents and/or solicitation. The University, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor's control. The University unilaterally may order in writing the suspension, delay, or interruption of performance hereunder.
The University reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. The materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected.
Rejected materials shall be promptly replaced. The University reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any.
.05 Non-Hiring of Employees. No employees of the State of Maryland or any department, commission, agency or branch thereof whose duties as such employee include matters relating to or affecting the subject matter of this contract shall, while so employed, become or be an employee of the party or parties hereby contracting with the State or any unit thereof.
.06 Nondiscrimination in Employment. The Contractor agrees not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, or physical or mental handicap unrelated in nature and extent so as reasonably to preclude the performance of such employment and to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause. Towson University’s policies, programs, and activities comply with federal and state laws and University System of Maryland regulations prohibiting discrimination on the basis of race, color, religion, age, national origin, sex, disability, and sexual orientation.
.07 Financial Disclosure. The Contractor shall comply with the State Finance & Procurement Article, § 13-221, Annotated Code of Maryland, which requires that every business that 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 30 days of the time when the $100,000 is reached, file with the Secretary of State certain specified information to include disclosure of beneficial ownership of the business.
.08 Political Contribution Disclosure. The Contractor shall comply with the provisions of the Election Law Article, § § 14-101 et seq., Annotated Code of Maryland, which require that every person that enters into contracts, leases, or other agreements with the State of Maryland or a political subdivision of the State, including its agencies, during a calendar year under which the person receives in the aggregate $100,000 or more, shall file with the Administrative Board of Election laws a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. The statement shall be filed with the State Administrative Board of Election Laws: (a) before a purchase or execution of a lease or contract by the University, a county, an incorporated municipality or their agencies, and shall cover the preceding two calendar years; and (b) if the contribution is made after the execution of a lease or contract, then twice a year, throughout the contract term, on (1) February 5, to cover the six-month period ending January 31;
and (2) on August 5, to cover the six-month period ending July 31.
.09 Anti-Bribery. The Contractor warrants that neither it nor any officer, director or partner, nor any employee involved in obtaining contracts with any public body has been convicted of bribery, attempted bribery or conspiracy to bribe, nor has engaged in conduct since July 1, 1977, which would constitute bribery, attempted bribery, or conspiracy to bribe under the laws of any state or the federal government.
.10 Registration. Pursuant to § 7-201 et seq. of the Corporations and Associations Article of the Annotated Code of Maryland, corporations not incorporated in the State shall be registered with the State Department of Assessments and
Taxation, 301 West Preston St., Baltimore, Maryland 21201, before doing any interstate or foreign business in this State.
Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation.
.11 Contingent Fees. The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the Contractor, to solicit or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee or agent, any fee or any other consideration contingent on the making of this agreement.
.12 EPA Compliance. Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable.
.13 Occupational Safety and Health Act (O.S.H.A.). All materials, supplies, equipment, or services supplied as a result of this contract shall comply with the applicable U.S.
and Maryland Occupational Safety and Health Act standards.
.14 Termination for Convenience. Upon written notice to the Contractor, the University may terminate this contract, in whole or in part, whenever the University shall determine that such termination is in the best interest of the University.
The University shall pay all reasonable costs incurred up to the date of termination and all reasonable costs associated with termination of the contract. However, the Contractor may not be reimbursed for anticipatory profits. Termination hereunder, including the determination of rights and obligations of the parties, shall be governed by the provisions of the USM Procurement Policies and Procedures.
.15 Termination for Default. If the Contractor fails to fulfill its obligation under this contract properly and on time, or otherwise violates any provision of this contract, the University may withhold payment at the discretion of the University and/or terminate the contract by written notice to the Contractor. The notice shall specify the acts or omissions relied upon as cause for termination. All finished or unfinished work provided by the Contractor shall, at the University’s option, become the University’s property. The University shall pay the Contractor fair and equitable compensation for satisfactory performance prior to receipt of notice of termination, less the amount of damages caused by Contractor’s breach. If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable after termination and the University can affirmatively collect damages. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of the USM Procurement Policies and Procedures.
.16 Disputes. This contract shall be subject to USM Procurement Policies and Procedures. Pending resolution of a claim, the Contractor shall proceed diligently with the performance of the contract in accordance with the procurement officer's decision.
.17 Multi-Year Contracts. If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this contract succeeding the first fiscal period, this contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the University’s rights or the Contractor’s rights under any termination clause in this contract. The effect of termination of the contract hereunder will be to discharge both the Contractor and the University from future performance of the contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any non- recurring costs incurred but not amortized in the price of the contract. The Contractor may not recover anticipatory profits or costs incurred after termination. The University shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this contract for each succeeding fiscal period beyond the first.
.18 Intellectual Property. Contractor agrees to indemnify and save harmless the University, its officers, agents and employees with respect to any claim, action, cost or judgment for patent infringement, or trademark or copyright violation arising out of purchase or use of materials, supplies, equipment or services covered by this contract.
.19 Maryland Law Prevails. The provisions of this contract shall be governed by the laws of Maryland.
.20 Contractor's Invoices. Contractor agrees to include, on the face of all invoices billed to the University, its Taxpayer Identification Number which is the Social Security Number for individuals and sole proprietors and the Federal Employer Identification Number for all other types of organizations. If a Purchase Order document is used, the Purchase Order Number must be included.
.21 Pre-existing Regulations. The regulations set forth in USM Procurement Policies and Procedures in effect on the date of execution of this Contractor are applicable to this Contract.
.22 Indemnification. The University shall not assume any obligation to indemnify, hold harmless, or pay attorney's fees that may arise from or in any way be associated with the performance or operation of this contract.
.23 Conflicting Terms. Any proposal for terms in addition to or different from those set forth in this purchase order or contract or any attempt by the Contractor to vary any of the terms of its offer by Contractor's acceptance shall not operate as a rejection of this offer, unless such variance is in the terms of the description, quantity, price or delivery schedule, but shall be deemed a material alteration thereof, and this offer shall be deemed acceptable by the Contractor without the additional or different terms. If this purchase order is an acceptance of a prior offer by the Contractor, the acceptance is expressly conditioned upon Contractor's assent to any additional or different terms contained herein. The Contractor understands and agrees that the terms and conditions of this purchase order may not be waived.
.24 Drug and Alcohol Free Workplace. The Contractor warrants that the Contractor shall comply with COMAR
21.11.08 Drug and Alcohol Free Workplace, and that the
Contractor shall remain in compliance throughout the term of the purchase order or contract.
.25 Retention of Records. The Contractor shall retain and maintain all records and documents relating to this contract for three years after final payment by the State hereunder or any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of the University, including the procurement officer or designee, at all times.
.26 Delays and Extensions of Time. The Contractor agrees to prosecute the work continuously and diligently and no charges or claims for damages shall be made by it for any delays or hindrances from any cause whatsoever during the progress of any portion of the work specified in this Contract.
Time extensions will be granted only for excusable delays that arise from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of the State in either its sovereign or contractual capacity, acts of another Contractor in the performance of a contract with the State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or the subcontractors or suppliers.
.27 Modifications. This contract may be amended with the consent of both parties. Amendments may not significantly change the scope of the contract.
.28 Suspension of Work. The procurement officer unilaterally may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work for such period of time as she/he may determine to be appropriate for the convenience of the University.
.29 Compliance with Laws. The Contractor hereby represents and warrants that: (a) it is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified; (b) it is not in arrears with respect to the payment of any moneys due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract; (c) it shall comply with all federal, state and local laws, regulations, and ordinances applicable to its activities and obligations, under this Contract; and (d) it shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract.
.30 Payment of State Obligations. Payments to the Contractor pursuant to this contract shall be made no later than 30 days after the State’s receipt of a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, or by the Public Service Commission of Maryland with respect to regulated public entities, as applicable, are prohibited.
.31 Software Contracts. As specifically provided by § 21- 104, Commercial Law Article, Annotated Code of Maryland, the parties agree that this contract shall not be governed by the Uniform Computer Information Transactions Act (UCITA), Title 22 of the Commercial Law Article of the Annotated Code of Maryland, as amended from time to time. This contract shall be governed by the common law of Maryland relating to written agreements, as well as other statutory provisions, other than UCITA, which may apply, and shall be interpreted and enforced as if UCITA had never been adopted in Maryland.
Contractor agrees that as delivered to buyer, the software does not contain any program code, virus, worm, trap door, back door, timer or clock that would erase data or programming or otherwise cause the software to become inoperable, inaccessible, or incapable of being used in accordance with its user manuals, either automatically upon the occurrence of selected conditions, or manually on command of Contractor.
.32 Gramm-Leach-Bliley Act of 1999. The Contractor agrees that in performing its obligations under this contract, the Contractor shall comply with all requirements of a non-affiliated third-party who receives a financial institution’s consumer or customer information, under the Gramm-Leach- Bliley Act of 1999 and applicable regulations thereto (the “GLB Act”), and other applicable federal and state consumer privacy acts, rules and regulations. Nonpublic personal information shall have the same meaning as that term is defined in the GLB Act.
a. The Contractor agrees to disclose such nonpublic personal information for the sole purpose of facilitating the Contractor’s performance of its duties and obligations under this contract and will not disclose such nonpublic personal information to any other party unless such disclosure is (i) allowed by the GLB Act and consented to by the Customer, or (ii) compelled by law, in which case the Contractor will provide notice of such disclosure to the Customer.
b. The Contractor represents and warrants that it will, for so long as it retains nonpublic personal information, implement and maintain in place the necessary information security policies and procedures for (i) protecting the confidentiality of such nonpublic person information, (ii) protecting against any anticipated threats or hazards to the security or integrity of such nonpublic personal information, and (iii) protecting against the unauthorized access to or use of such nonpublic personal information. These terms apply to all subcontractors employed by the Contractor who perform work under the scope of this agreement.
.33 I-9 Requirement Contractor warrants and represents that it is currently in compliance, and that during the term of this contract it will remain in compliance, with the Immigration
Reform and Control Act of 1986, and that it will obtain original valid employment verification documentation from all its employees on a timely basis as required by law and regulation. This requirement also applies to all subcontractors hired by Contractor.
.34 Mandated Contractor Reporting of Suspected Child Abuse & Neglect. Maryland law contains mandatory reporting requirements for all individuals who suspect child abuse or neglect. Contractors performing work on campus also must comply with USM Board of Regents (BOR) VI-1.50 – Policy on the Reporting of Suspected Child Abuse & Neglect, as well as the University Procedures for Reporting Suspected Child Abuse and Neglect. The above-referenced USM/University Policy and Procedures are available in full at the following link:
https://www.towson.edu/about/administration/policies/docu ments/polices/06-01-50-policy-on-the-reporting-of-suspected-child-abuse-and-neglect.pdf, and are incorporated herein. The University reserves the right to terminate the contract if Contractor fails to comply with the above-referenced policy or procedures, or if, in the judgment of the University, termination is necessary to protect the safety and welfare of children who come into contact with the University community.
.35 Subcontracting or Assignment. The benefits and obligations hereunder shall take effect and be binding upon the parties hereto and neither the contract nor the services to be performed thereunder shall be subcontracted, or assigned or otherwise disposed of, either in whole or in part, except with the prior written consent of the University.
.36 Responsibility for Claims and Liability. The Contractor shall be responsible for all damage to life and property due to its activities or those of its agents or employees, in connection with the services required under the contract. Further, it is expressly understood that the Contractor shall indemnify and save harmless the University, its officers, agents, and employees from and against all claims, suits, judgments, expenses, actions, damages and costs of every name and description, including reasonable attorney’s fees and litigation expenses arising out of or resulting from the negligent performance of the services of the Contractor under the contract.
.37 Non-Visual Access Clause. The Contractor warrants that the information technology offered under this bid or proposal
(i) provides equivalent access for effective use by both visual and nonvisual means; (ii) will present information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; (iii) if intended for use in a network, can be integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired; and (iv) is available, whenever possible, without modification for compatibility with software and hardware for nonvisual access. The bidder or offeror further warrants that the costs, if any, of modifying the information technology for compatibility with software and hardware used for nonvisual access will not increase the cost of the information technology by more than 5 percent.
For purposes of this section, the phrase “equivalent access” means that the ability to receive, use and manipulate information and operate controls necessary to access and use information technology by nonvisual means. Examples of equivalent access include keyboard controls used for input and synthesized speech, Braille, or other audible or tactile means used for output.
.38 Confidentiality; Dissemination of Information.
Contractor shall not release any information related to services or performance of the services under this Contract, nor publish any final reports or documents without the prior written approval of the University. Contractor shall indemnify and hold harmless the State and the University, its officers, agents and employees from all harm which may be incurred by reason of dissemination, publication, distribution or circulation, in any manner whatsoever, of any information, data, documents, or materials pertaining in any way to this Contract by Contractor, its agents or employees.
.39 Ownership of Documents and Materials. The Contractor agrees that all documents and materials including, but not limited to, reports, drawings, studies, specifications, estimates, maps, photographs, designs, graphics, mechanical, artwork, and computations prepared by or for it under the terms of the contract shall at any time during the performance of the services be made available to the University upon request by the University and shall become and remain the exclusive property of the University upon termination or completion of the services. The University shall have the right to use same without restriction or limitation and without compensation to the Contractor other than that provided by the contract. The University shall be the owner for purposes of copyright, patent or trademark registration.
.40 Family Educational Rights and Privacy Act (FERPA).
The Parties agree to maintain the privacy and security of personally identifiable educational records and health information and to prevent disclosure in compliance with Federal laws.
.41 Insurance & Indemnification Provisions.
a. The Contractor shall defend, indemnify and save harmless the University System of Maryland, its officers, employees and agents, from any and all claims, liability, losses and causes of actions which may arise out of the performance by the Contractor, employees or agents, of the work covered by the contract.
b. The Contractor shall secure, pay the premiums for, and keep in force until the expirations of the contract, and any renewal thereof, adequate insurance as provided below, such insurance to specifically include liability assumed by the Contractor under the contract.
(1) Commercial General Liability Insurance including all extensions $2,000,000 each occurrence;
$2,000,000 personal injury;
$2,000,000 products/completed operations;
https://www.towson.edu/about/administration/policies/documents/polices/06-01-50-policy-on-the-reporting-of-suspected-child-abuse-and-neglect.pdf https://www.towson.edu/about/administration/policies/documents/polices/06-01-50-policy-on-the-reporting-of-suspected-child-abuse-and-neglect.pdf https://www.towson.edu/about/administration/policies/documents/polices/06-01-50-policy-on-the-reporting-of-suspected-child-abuse-and-neglect.pdf
$2,000,000 general aggregate
(2) Workmen’s Compensation Insurance and Unemployment Insurance as required by the laws of the State of Maryland.
(3) If automotive equipment is used in the operation, automobile liability insurance of $1,000,000 combined single limit, each accident.
(4) If food products are used in the operation, food products liability insurance, if not included in the Comprehensive, with limits of not less than $1,000,000 for each person and $2,000,000 for each accident.
c. Each policy for liability protection, bodily injury or property damage must specifically name, on its face, Towson University, as an additional named insured as respects operations under the contract and premises occupied by the Contractor provided, however, with respect to the Contractor’s liability for bodily injury or property damage under items b(1)-b(5) above, such insurance shall cover and not exclude Contractor’s liability for injury to the property of the University System and to the persons or property of employees, students, faculty members, agents, officers, regents, invitees or guests of the University System.
d. Each insurance policy shall contain the following endorsements: “It is understood and agreed that the Insurance Company shall notify in writing procurement officer forty-five (45) days in advance of the effective date of any reduction in or cancellation of this policy.” A certificate of each policy of insurance shall be furnished to the procurement officer. With the exception of Workmen’s Compensation, upon the request of the procurement officer, a certified true copy of each policy of insurance, including the above endorsement, manually countersigned by an authorized representative of the insurance company, shall be furnished to the procurement officer. A certificate of insurance for Workmen’s Compensation together with a properly executed endorsement for cancellation notice shall also be furnished. Following the notice of contract award, the requested certificates and policies shall be delivered as directed by the procurement officer. Notices of policy changes shall be furnished to the procurement officer.
e. All required insurance coverages must be acquired from insurers authorized to do business in the State of Maryland and acceptable to the University. The insurers must have a policyholders’ rating of “A-” or better, and a financial size of “Class VII” or better in the latest edition of Best’s Insurance Reports.
.42 Debarment and Suspension Contractor agrees that to the best of his/her knowledge and belief that vendor nor its principals or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction pursuant to Code of Maryland Regulations (COMAR) Title 21, Subtitle 08 and 2 CFR 200.213 and 2 CFR 180.
File details come from the government source that posted it. Updated .