RFQ FY27-OTL-001 - Mathematics Instructional Materials Development Partner - Final.pdf

REQUEST FOR QUOTE (RFQ) #

FY27-OTL-001

Title: Mathematics Instructional Materials Development Partner:

Integrated Algebra 1

Release Date: July 28, 2026

Small, Minority and Veteran-owned businesses are encouraged to respond to this solicitation.

Maryland State Department of Education Request for Quotation RFQ # FY27-OTL-001

Mathematics Instructional Materials Development Partner: Integrated Algebra 1

Issue Date: July 28, 2026

Title: Mathematics Instructional Materials Development Partner: Integrated Algebra 1

Procurement Officer: Jenna Meinl, Procurement Officer Jenna.Meinl1@maryland.gov

THIS SOLICITATION SHALL BE MADE IN ACCORDANCE WITH THE SMALL PROCUREMENT

REGULATIONS DESCRIBED IN COMAR 21.05.07.

I. Background and Purpose

The Maryland State Department of Education (MSDE) seeks a qualified partner to develop high-quality instructional materials for Integrated Algebra 1, a newly designed course aligned to the updated Maryland College and Career Ready (MCCR) Standards for Mathematics and Maryland’s broader vision for modern secondary mathematics instruction.

Integrated Algebra 1 serves as the first course in Maryland’s new integrated algebra sequence and represents a significant shift in how students experience foundational high school mathematics. The course will be intentionally designed to meaningfully integrate algebraic thinking, geometric reasoning, and reasoning with data, statistics, and probability in ways that support coherence, problem solving, mathematical modeling, and student sense-making. Rather than treating mathematical domains as isolated strands, the course is intended to help students build connected understanding of essential secondary mathematics content through authentic contexts, reasoning, and discourse.

The instructional materials developed through this project will support statewide implementation of Integrated Algebra 1 and may serve as a model for future integrated secondary mathematics materials development. Materials must align to Maryland’s High-Quality Instructional Materials (HQIM) Framework and Rubric for Mathematics and reflect the instructional expectations outline in Maryland’s Mathematics Policy and related guidance documents.

MSDE seeks a partner with demonstrated expertise in developing high-quality secondary mathematics instructional materials that:

• support meaningful integration of algebra, geometry, and statistics;

• center student reasoning, discourse, and problem solving;

• embed authentic mathematical modeling throughout;

• provide strong teacher instructional supports and curriculum-embedded professional learning;

• support accessibility and usability for diverse learners; and

• are designed to support coherent implementation across a wide range of class settings.

The selected vendor will work collaboratively with MSDE Mathematics Branch through iterative development, review, and refinement cycles.

The final deliverables will be used, at no cost to LEAs, by students and educators across Maryland and must include comprehensive student materials, teacher guidance, formative and summative assessment components, and a culminating modeling-based capstone experience. Materials must be accessible in both print-ready and fully editable digital formats suitable for statewide distribution, implementation, revision, adaptation, and ongoing maintenance by MSDE or any third party that MSDE authorizes to https://marylandpublicschools.org/about/pages/dcaa/math/revised-standards.aspx https://hqim.marylandpublicschools.org/frameworks-and-rubrics/ conduct the foregoing activities. Deliverables must support implementation independent of any proprietary vendor platform and include all files necessary for future use and modification by MSDE, including any third party that MSDE authorizes to use and modify the deliverables.

II. Mandatory Requirements

The Bidder shall meet all of the following requirements to be considered for award:

A. Experience developing comprehensive secondary integrated mathematics instructional materials, including Integrated Math 1, Integrated Math 2, and Integrated Math 3 courses or a comparable coherent high school mathematics curriculum sequence.

B. Experience developing comprehensive secondary integrated mathematics instructional materials, such as an Integrated Algebra 1 course or a comparable coherent high school mathematics curriculum sequence.

C. Experience developing and/or adapting instructional materials aligned to state-specific standards, frameworks, instructional priorities, or curricular visions through successful partnerships with State Education Agencies (SEAs), Local Education Agencies (LEAs), or similarly large educational organizations.

D. Experience designing instructional materials that intentionally integrate algebraic thinking, geometric reasoning, and reasoning with data, statistics, and probability in coherent and meaningful ways across lessons, units, and learning progressions.

E. Experience developing comprehensive teacher guidance that includes:

i. lesson facilitation supports;

ii. questioning strategies to advance student thinking;

iii. guidance for mathematical discourse and collaborative learning;

iv. formative assessment guidance; and

v. differentiation and extension strategies.

F. Experience developing instructional materials that have met recognized high-quality instructional materials (HQIM) criteria, such as instructional coherence, accessibility, usability, and effective mathematics teaching practices, as evaluated through a national or state-level review process (e.g., EdReports or a comparable rubric).

G. Capacity to design instructional materials that support accessibility and learner variability, including:

i. universal Design for Learning (UDL) principles;

ii. supports for multilingual learners;

iii. supports for students with disabilities; and

iv. supports and extensions for advanced learners.

H. Capacity to engage in iterative development, review, feedback, and revision cycles in close collaboration with the MSDE Mathematics Branch.

I. Capacity to deliver all required instructional materials, assessments, and associated deliverables according to the timelines established in this RFQ.

J. Capacity to align instructional materials to Maryland’s High-Quality Instructional Materials Framework and Rubric for Mathematics and the instructional expectations outlined in Maryland’s Mathematics Policy and related guidance documents.

K. Capacity to grant MSDE a license sufficient to reproduce, distribute, publicly post, revise, adapt, and create derivative materials from all deliverables developed under this contract, including use by the LEAs, as described in Section III.F of this RFQ.

III. Scope of Work/Specifications

MSDE seeks a qualified partner to design, develop, revise, and deliver a comprehensive Integrated Algebra 1 instructional materials package, including student materials, teacher guidance, assessments, and a modeling-based capstone project. Materials must align to Maryland standards, support mathematical reasoning, discourse, modeling, and meet WCAG 2.1 AA accessibility expectations.

All instructional materials and associated deliverables shall be provided in fully editable digital formats and print-ready PDF formats suitable for statewide implementation, distribution, adaptation, and future revision by MSDE. The complete instructional materials package must be usable independently of any proprietary vendor platform and include all source files necessary for MSDE to maintain, revise, reproduce, distribute, publicly post, and create derivative materials from the developed content, as well as for local education agencies (“LEAs”) to use them, as described in this RFQ.

Third-party content disclosure requirements applicable to all deliverables are described in Section III.F.

The vendor must participate in iterative development and review cycles and provide classroom-ready deliverables for the September 2026, and J February 2027 milestones.

The selected vendor will partner closely with the MSDE Mathematics Branch to design, develop, revise, and deliver a comprehensive suite of high-quality instructional materials for the Integrated Algebra 1 aligned to:

• the updated MCCR Standards for Mathematics;

• the state-developed Integrated Algebra 1 framework (See Appendix A);

• Maryland’s HQIM Framework and Rubric for Mathematics; and

• the instructional expectations outlined in Maryland’s Mathematics Policy and related guidance documents.

The materials developed through this project shall reflect Maryland’s vision for coherent, student-centered, discourse-rich, and reasoning-focused mathematics instruction. Materials shall intentionally support meaningful integration of algebraic thinking, geometric reasoning, and reasoning with data, statistics, and probability across lessons, units, and learning progressions.

The work under this contract shall include collaborative planning, phased development, iterative review and revision cycles, accessibility review, and final delivery of classroom-ready instructional materials.

A. Collaboration with MSDE Mathematics Branch The vendor shall:

i. Collaborate regularly with the MSDE Mathematics Branch throughout all phases of development.

ii. Participate in recurring virtual meetings with MSDE to support planning, progress monitoring, review, and refinement of materials.

iii. Submit a detailed development and production timeline within ten (10) business days of contract execution. The timeline shall include:

a. development phases;

b. unit production schedules;

c. draft submission dates;

d. review and revision windows;

e. milestone deliverables; and

f. final completion dates.

iv. Submit materials to MSDE on a rolling basis for review and feedback, organized by unit and component (e.g., student materials, teacher guidance, assessments).

https://marylandpublicschools.org/about/pages/dcaa/math/revised-standards.aspx https://marylandpublicschools.org/about/pages/dcaa/math/prek-12-mathematics-policy.aspx https://marylandpublicschools.org/about/pages/dcaa/math/prek-12-mathematics-policy.aspx

v. Incorporate MSDE feedback into revised drafts throughout the development process.

vi. Maintain revision logs documenting substantive changes made in response to feedback and review.

vii. Allow a minimum of two (2) weeks between major draft submissions and MSDE feedback cycles unless otherwise approved by MSDE.

viii. Participate in walkthroughs, presentations, or collaborative review sessions requested by

MSDE during the term of the contract.

B. Instructional Materials Development

The vendor shall develop a complete Integrated Algebra 1 instructional materials package that includes:

• student instructional materials;

• teacher guidance materials;

• formative and summative assessments; and

• a culminating modeling-based capstone project.

All materials shall align to Maryland’s Integrated Algebra 1 standards and instructional vision.

1. Student Instructional Materials

The vendor shall develop student instructional materials that:

a. intentionally integrate algebraic thinking, geometric reasoning, and reasoning with data, statistics and probability where appropriate;

b. support conceptual understanding, procedural fluency, mathematical reasoning, and authentic mathematical modeling;

c. provide opportunities for student discourse, collaboration, reflection, and justification of reasoning;

d. include clear learning goals and success criteria;

e. incorporate multiple mathematical representations and meaningful connections across concepts;

f. embed formative checks for understanding throughout lessons and units;

g. support coherent mathematical progressions across lessons and units; and

h. are accessible in both editable digital and print-ready formats.

Lessons shall be structured to support student-centered mathematics instruction and meaningful mathematical sense-making rather than isolated procedural instruction.

2. Teacher Guidance Materials The vendor shall develop comprehensive teacher guidance materials aligned to all student instructional materials.

Teacher guidance materials shall include:

a. lesson facilitation guidance;

b. explanations of lesson purpose and mathematical progression;

c. anticipated student responses and misconceptions;

d. questions and prompts that advance student thinking;

e. guidance for facilitating mathematical discourse and collaborative learning;

f. embedded formative assessment guidance;

g. recommendations for differentiation and instructional responsiveness;

h. extension opportunities for students experiencing early success; and

i. supports for multilingual learners;

Teacher materials shall support implementation by both novice and experienced educators.

3. Instructional Design Expectations

The vendor shall ensure materials:

a. intentionally embed the Standards for Mathematical Practice throughout lessons and units;

b. integrate mathematical reasoning and modeling throughout the course;

c. provide opportunities for students to explain, justify, critique, revise, and communicate mathematical thinking;

d. incorporate instructional routines that support discourse, collaboration, and disciplinary literacy;

e. reflect coherent connections across mathematical domains and representations;

f. support accessibility and learner variability through intentional instructional design; and

g. reflect inclusive and asset-based approaches to mathematics instruction.

4. Assessments The vendor shall develop assessment materials aligned to the Integrated Algebra 1 standards and instructional expectations.

Assessment materials shall include:

a. embedded formative assessment;

b. unit-level summative assessments;

c. scoring guidance and rubrics, where appropriate;

d. assessment items that reflect conceptual understanding, procedural fluency, reasoning, and modeling; and

e. opportunities for students to communicate and apply mathematical thinking in meaningful contexts.

5. Culminating Capstone Project

The vendor shall develop a culminating modeling-based capstone project that synthesizes major course concepts and supports authentic mathematical investigation and application.

The capstone project shall include:

a. student-facing materials and instructions;

b. teacher guidance;

c. scaffolds and supports;

d. scoring rubrics; and

e. examples or descriptions of high-quality student responses.

C. Accessibility, Usability, and Technical Requirements All materials shall:

a. align to accessibility expectations consistent with WCAG 2.1 Level AA standards;

b. incorporate Universal Design for Learning principles;

c. support multilingual learners, students with disabilities, and advanced learners;

d. be suitable for future statewide digital distribution and implementation;

e. be editable by MSDE for future revision and adaptation;

f. be submitted in both editable digital and print-ready PDF formats; and

g. be usable independently of any proprietary vendor platform or subscription service

See Section III.F for third-party content disclosure and licensing requirements applicable to all deliverables.

D. Deliverables and Timeline The vendor shall provide deliverables according to the following timeline expectations:

1. Initial Development Milestone – September 2026

By designated date in September 2026, the vendor shall deliver:

a. a complete Integrated Algebra 1 scope and sequence;

b. two (2) fully developed instructional units;

c. corresponding student instructional materials;

d. sample teacher guidance materials; and

e. associated formative and summative assessments.

These units shall be classroom-ready and suitable for MSDE review, implementation planning, and feedback collection.

2. Final Development Milestone –February 2027 By designated date in February 2027, the vendor shall deliver:

a. the complete Integrated Algebra 1 instructional materials package;

b. all student instructional materials;

c. all teacher guidance materials;

d. all formative and summative assessments;

e. the culmination capstone project;

f. revision logs;

g. accessibility documentation; and

h. all finalized editable and print-ready files.

All final materials shall be organized by unit and component in a format suitable for future statewide implementation, digital distribution, and LMS integration.

E. Documentation and Quality Assurance The vendor shall:

a. maintain version control throughout development;

b. maintain documentation of revisions and updates;

c. ensure consistency of standards alignment and instructional expectations across all materials;

d. participate in quality assurance reviews requested by MSDE; and

e. review all materials for accuracy, coherence, accessibility, and usability prior to final submission.

F. Intellectual Property and Licensing Rights

The vendor shall grant MSDE a non-exclusive, perpetual, irrevocable, royalty-free license to use, reproduce, distribute, revise, adapt, and create derivative works from all deliverables developed under this contract, for the purposes described below. The vendor shall retain all right, title, and interest in any pre-existing or vendor-proprietary materials, methodologies, templates, or platforms incorporated into the deliverables, provided that the license granted to MSDE is sufficiently broad to allow MSDE and Maryland LEAs to fully exercise the rights described below at no additional cost, fee, or royalty beyond the Total Bid Price identified in Exhibit A. A vendor that prefers to assign full ownership of the deliverables to MSDE in lieu of this license may indicate that preference in its letter of interest submitted with its bid (see Section VIII).

At a minimum, MSDE shall have the right to:

a. reproduce the materials in whole or in part;

b. distribute the materials statewide to local education agencies, schools, educators, students, families, and other educational stakeholders;

c. publicly post the materials through websites, learning management systems, repositories, or other distribution channels;

d. revise, adapt, modify, and update, the materials;

e. create derivative works, supplemental resources, implementation guides, professional learning materials, assessment resources, and related materials; and

f. authorize Maryland LEAs and third parties acting on behalf of MSDE, for non-commercial educational purposes within the State of Maryland, to exercise these rights.

The vendor shall disclose any pre-existing intellectual property, third-party content, or licensing restrictions incorporated into the materials and certify that such restrictions do not prevent MSDE from exercising the rights described above. The rights granted to MSDE under this Section III.F are for the educational use of MSDE and Maryland LEAs and do not include the right to sell or commercially license the deliverables to parties outside the State of Maryland. No additional license fee, royalty, subscription cost, or other charge shall be assessed to MSDE or any LEA in connection with the exercise of these rights beyond the Total Bid Price identified in Exhibit A.

The complete instructional materials package shall be capable of implementation independent of any proprietary vendor platform. Any instructional component that requires proprietary platform access shall be clearly identified in the bidder's proposal.

IV. Term of Contract

A single contract will be awarded to the Bidder that best meets the needs of the evaluation criteria. The anticipated term of the contract resulting from this solicitation shall begin on or about August 19, 2026 and terminate on August 19, 2027.

V. Place of Work

The development of instructional materials may be conducted virtually or at the discretion of the vendor.

MSDE does not require in-person work or on-site development activities. However, the vendor must be available for regular virtual meetings and collaboration with the MSDE Mathematics Branch.

VI. Questions

Questions shall be submitted by July 31, 2026 by 2 PM EST.

All questions should be addressed in writing to the Procurement Officer. Please put the RFQ # and Title in the subject line of your email. Note: All responses to questions submitted, if any, shall only be posted on eMaryland Marketplace Advantage (eMMA) as Addendum #1 and or Q & A after the due date of questions are received. It is beneficial to be registered with “eMMA” to access the addendums and any other pertinent information. There may be other opportunities from State agencies there. There shall be no mailing of the Addendums. The link to “eMMA” to register is as follows:

https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage

VII. Bid Submission Information and Due Date

A. Bids are due by August 6, 2026 by 2 PM EST.

In accordance with COMAR 21.03.05, bids are to be submitted electronically through eMaryland Marketplace Advantage (eMMA) following the Quick Reference Guides (QRG) labeled “3 - eMMA QRG Responding to Solicitations (IFB)” for single envelope submissions.

The Bidder shall submit all materials required by this RFQ, including the completed Exhibit A Bid Form and all supporting documentation necessary to verify qualifications, experience, organizational capacity, and proposed approach to the work outlined in this solicitation. Submissions must be received by the data and time specified above. Late submissions shall not be accepted.

B. Required Submission Materials:

In addition to the materials identified elsewhere in this RFQ, bidders shall submit documentation sufficient to verify qualifications, experience, and organizational capacity related to the requirements of this solicitation.

Submissions shall include:

1. Exhibit A – Bid Form (Excel format signed)

2. a letter of interest describing the organization’s experience, proposed approach to the work outlined in this RFQ, and ability to meet the intellectual property, licensing, and deliverable requirements of this solicitation;

3. organizational background and relevant experience developing or adapting secondary mathematics instructional materials;

4. descriptions of prior projects aligned to integrated mathematics, state standards, or high-quality instructional material development;

https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage https://procurement.maryland.gov/emma-qrgs/

5. sample instructional materials, teacher guidance materials, and/or assessment components relevant to the scope of this RFQ;

6. descriptions of instructional design approaches, accessibility supports, and supports for multilingual learners, students with disabilities, and advanced learners;

7. a proposed project timeline aligned to the deliverable expectations outlined in this RFQ;

8. resumes or qualifications of key personnel assigned to the project;

9. completed pricing materials as outlined in Exhibit A;

10. any additional documentation necessary to demonstrate the bidders ability to meet the requirements of this solicitation;

11. a description of any proprietary platforms, software, subscriptions, or digital tools associated with the proposed instructional materials, including identification of any instructional components that require access to such platforms for implementation; and

12. a certification that the bidder possesses, or will obtain, all rights necessary to provide the deliverables described in this RFQ and that no known third-party restrictions will prevent MSDE from reproducing, distributing, publicly posting, revising, adapting, maintaining, or creating derivative materials from the deliverables developed under this contract including as described in Section IV.F. of this RFQ.

Failure to provide sufficient documentation of the mandatory requirements may result in disqualification from consideration.

If the Bidder has not previously done business with the State of Maryland, or if a significant amount of time has elapsed since prior engagement, the Bidder should also submit an updated W-9 form with the bid submission.

VIII. Award

The State reserves the right to award the contract to the responsive and responsible bidder submitting the most favorable bid price for the goods and services specified in this RFQ. Award will be made to the vendor offering the most advantageous price to the State of Maryland, provided the vendor first meets all mandatory requirements. Bids from vendors that do not meet all mandatory requirements will not be considered. Among those meeting the mandatory requirements, award will be made to the bidder submitting the lowest Total Bid Price, as reflected on Exhibit A – Bid Form (Excel form).

IX. Billing

All Costs Included; No Hidden Fees. The Total Bid Price identified on Exhibit A shall represent the complete cost to MSDE for all deliverables, services, and licensing/ownership rights required under this RFQ, including those described in Section III.F. No additional licensing fee, subscription fee, hosting fee, maintenance fee, renewal fee, per-pupil fee, or other cost not disclosed on Exhibit A may be charged to MSDE or any LEA for use of the deliverables during or after the Contract term. Bidders shall not submit a Total Bid Price, or any individual line-item price on Exhibit A, of $0.00; each priced item shall reflect a good-faith cost reasonably related to the value of that portion of the work. A bid found to contain artificially deflated or zero-dollar line-item pricing intended to shift costs to undisclosed fees may be deemed non-responsive.

The contractor shall bill the Department monthly for the work performed the previous month. The total cost of work may not exceed $100,000.00 for the term of the contract. All invoiced must be on the contractor’s letterhead, must be signed and dated, and must include the following:

1. The contractor’s name and mailing address;

2. The contractor’s Federal Tax Identification or Social Security Number;

3. The State assigned Contract Control Number;

4. The State assigned blanket purchase order number;

5. The goods and services provided;

6. The time period covered by the invoice;

7. The amount of requested payment; and

8. Documentation to support invoice requested amount.

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

Any action on the part of the Department, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with COMAR 21.10.04.

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

X. Invoicing Instructions:

Payment by the State requires a proper invoice to be submitted. Payments are made on a net 30 Schedule.

A. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR 21.06.09.01 and

.02) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

1) Contractor name and address.

2) Remittance address.

3) Federal taxpayer identification (FEIN) number, social security number, as appropriate.

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

5) Invoice date.

6) Invoice number.

7) State assigned Contract number.

8) State assigned Purchase Order number(s).

9) Goods or services provided.

10) Amount due; and

11) Any additional documentation required by regulation or the Contract.

12) Consultants must submit a consultant log with their invoice.

B. 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.

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

XI. Partial/Multiple Consultants:

The MSDE reserves the right to award contracts to multiple consultants for the services and materials required in this RFQ.

XII. Non-Hiring of Employees

No official or employee of the State of Maryland, as defined under State Government Article, §15-102, Annotated Code of Maryland, whose duties as such official or employee include matters relating to or affecting the subject matter of this contract, shall during the pendency and term of this contract and while serving as an official or employee of the State, become or be an employee of the Contractor or any entity that is a subcontractor on this contract.

XIII. Tie-bids

If bids are received from responsive and responsible Bidders that are identical in prices, terms and conditions, and which meet all requirements set forth in the solicitation, an award will be made in accordance with State Regulations 21.05.02.14B. If a tie still exists, the Bidder with the most experience shall be used to determine the successful Bidder.

EXHIBIT A

BID FORM

Please use the Excel spreadsheet attached.

IMPORTANT: This Bid Form is the only pricing form that shall be used to submit the Vendor's price proposal. Vendors shall not substitute, replace, or submit their own pricing form, spreadsheet, or other pricing document in lieu of this Bid Form.

Vendors shall not modify this Bid Form in any manner. This includes, but is not limited to, adding or deleting rows or columns, changing formulas, altering headings, changing formatting, or otherwise revising the structure of the form. Only the designated fields fhighlighted in yellow may be completed. Unauthorized modifications may result in the bid being deemed non-responsive.

Late bids shall not be accepted. Faxed or mailed bids shall not be accepted.

VENDOR CERTIFICATION

I certify that the prices quoted are complete and include all costs required to perform the work described in the solicitation, and that no additional fees, royalties, or charges will be assessed to MSDE or any LEA for use of the deliverables beyond the Total Bid Price.

Authorized Representative: ______________________________________ Title: ______________________________________________________ Signature: _______________________________________ Date: ____________________________

ARE YOU REGISTERED TO DO BUSINESS WITH THE STATE OF MARYLAND? YES ____ NO ____

IF NOT, PLEASE REGISTER HERE: https://businessexpress.maryland.gov/

YOUR BUSINESS MUST BE REGISTERED WITH THE STATE OF MARYLAND TO BE

AWARDED A CONTRACT.

ARE YOU A REGISTERED SMALL BUSINESS? YES ____ NO ____

IF YES: MARYLAND STATE CERTIFICATION #__________________________

IF YOU ARE NOT REGISTERED AS A SMALL BUSINESS, PLEASE VISIT

THE FOLLOWING FOR MORE INFORMATION:

http://goma.maryland.gov/Pages/sbr-Program.aspx

ARE YOU A REGISTERED MINORITY BUSINESS ENTERPRISE? YES____ NO____

IF YES: MARYLAND STATE CERTIFICATION #__________________________

https://businessexpress.maryland.gov/ http://goma.maryland.gov/Pages/sbr-Program.aspx

FOR MORE INFORMATION AND TO SEE IF YOUR BUISNESS QUALIFIES AS

AN MBE/VSBE/DBE WITH THE STATE OF MARYLAND, PLESE VISIT THE

MARYLAND DEPARTMENT OF TRANSPORTATION.

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

CONTRACT TERMS AND CONDITIONS

1. Contract Modifications: Control of the design and administration of the Contract is the exclusive responsibility of MSDE. MSDE reserves the right to change components of the design and/or substitute tasks on an equal basis should the need arise after the Contract award. These substituted tasks which are on an equal basis with the tasks in the Contract shall be subject to the following conditions: i. Changes in tasks will not increase the overall scope of work described in the solicitation nor the amount of the Contract award. ii. Changes will not be suggested for any specific task once the Contractor has begun work on it. iii. All changes will be submitted to the Contractor in writing by MSDE.

Any changes to the Contract requested by MSDE or by the Contractor that will affect the scope/cost of the Contract or that are made after the work has begun will be negotiated between MSDE and the Contractor in the following fashion: i. A written request shall be made by either party. ii. The request shall be relayed to any other contractual party impacted by the proposed change. iii. Written acceptance shall be issued by the other party(ies) with cost, time line, and/or task changes negotiated by all parties. Changes shall not be binding until such written acceptance has been completed by all parties and approved by MSDE, as well as other State approvals as required. Amendments may not significantly change the scope of this Contract (including the Contract price).

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Variations on Estimated Quantities: ( ) Required. Items deliverable in multiple quantities shall not vary from estimated quantities in an amount exceeding five percent.

No adjustments to the unit prices shall be made based upon any variations in estimated quantities.

Suspension of Work: The procurement officer may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work for such a period of time as the procurement officer may determine to be appropriate for the convenience of the State.

Pre-Existing Regulations: In accordance with the provisions of Md. Code Ann., State Finance and Procurement Article § 11-206, the regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR Title 21) in effect on the date of execution of this Contract are applicable to this Contract.

Financial Disclosure: The Contractor shall comply with the provisions of Md. Code Ann., State Finance and Procurement Article § 13-221, which requires that every person that enters into contracts, leases, or other agreements with the State or its agencies during the calendar year under which the business is to receive in the aggregate, $100,000 or more, shall, within 30 days of the time when the aggregate value of these contracts, leases, or other agreements reaches $100,000, file with the Secretary of State

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Non-Hiring of Officials and Employees: No official or employee of the State of Maryland, as defined under Md. Code Ann., State Government Article, § 15-102, whose duties as such official or employee include matters relating to or affecting the subject matter of this Contract, shall during the pendency of term of this Contract and while serving as an official or employee of the State become or be an employee of the Contractor or any entity that is a subcontractor on this Contract.

Disputes: This Contract shall comply with the provisions of Md. Code Ann., State Finance and Procurement Article, Title 15, Subtitle 2, and COMAR 21.10. Pending resolution of a dispute, the Contractor shall proceed diligently with the performance of this Contract, as directed by the procurement officer. Unless a lesser period is provided by law or by contract, the Contractor must file a written notice of claim with the procurement officer within 30 days after the basis for the claim is known or should have been known, whichever is earlier.

Maryland Law Prevails: The laws of Maryland shall govern the interpretation and enforcement of this Contract. The Maryland Uniform Computer Information Transactions Act (Md. Code Ann., Commercial Law Article, Title 22) does not apply to this Contract or any software licenses acquired hereunder.

Nondiscrimination in Employment: The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law, including, but not limited to, the employment provisions of Md. Code Ann., State Finance and Procurement Article § 13- 219, COMAR 21.07.01.08, and the commercial nondiscrimination provisions of Md. Code Ann., State Finance and Procurement Article, Title 19, Subtitle 1. The Contractor agrees:

(a) 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 disability of a qualified individual with a disability; (b) to include a provision similar to that contained in subsection (a), above, in any subcontract except a subcontract for standard commercial supplies or raw materials and, (c) 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.

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

Termination for Nonappropriation: If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

Termination for Default: If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the Department may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

Termination for Convenience: The State may terminate this Contract, in whole or in part, without showing cause upon prior written notification to the Contractor specifying the extent and the effective date of the termination. The State will pay all reasonable costs associated with this Contract that the Contractor has 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 any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12(A)(2).

Anti-Bribery: The Contractor certifies that, to the Contractor’s best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, directors, partners, or controlling stockholders; nor any employee of the Contractor who is directly involved in the business’s contracting activities, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

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certain specified information to include disclosures of beneficial ownership of the business.

Political Contribution Disclosure: The Contractor shall comply with Md. Code Ann., Election Law Article §§ 14-101 through 14-108, which requires that every person that enters into contracts, leases, or other agreements with the State, a county, or an incorporated municipality, or their agencies, during a calendar year in which the person receives in the aggregate $100,000 or more, shall file with the State Board of Elections 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 Board of Elections: (1) before a purchase or execution of a lease or Contract by the State, a county, an incorporated municipality, or other agencies and shall cover the preceding two calendar years; and (2) if the contribution is made after the execution of a lease or contract, then twice, throughout the contract term, on; (a) February 5, to cover the 6-month period ending January 31; and (b) August 5 to cover the 6-month period ending July 31.

Retention of Records: The Contractor shall retain and maintain all records and documents relating to this Contract for three years after the 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 State, including the procurement officer or designee, at all reasonable times. This section shall survive expiration or termination of this contract.

Compliance with Laws: The Contractor hereby represents and warrants that it: A. 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. is not in arrears with respect to payment of any monies due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract; C. shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and D. shall obtain, at its expense, all licenses, permits, insurance, and government approvals, if any, necessary to the performance of its obligations under this Contract.

Compliance with ADA: Contractor shall comply with the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et. seq. and applicable regulations. To the extent required by the ADA, Contractor’s facilities, services, and programs shall be accessible to persons with disabilities. Contractor shall bear sole responsibility for assuring that its activities under this Contract conform to the ADA. Contractor shall indemnify and hold the State harmless in any administrative proceeding or other actions brought pursuant to the ADA for all damages, attorney’s fees, litigation expenses, and costs, if such action or proceeding arises from the act of Contractor, Contractor’s employees, agents, or subcontractors.

Patents, Copyrights, and Intellectual Property: If the Contractor furnishes any design, device, material, process, or other item, which is covered by a patent, trademark or service mark, or copyright or which is proprietary to, or a trade secret of, another, the Contractor shall obtain the necessary permission or license to permit the State to use such item or items.

Indemnification: The Contractor shall hold harmless and indemnify the State from and against any and all losses, damages, claims, suits, actions, liabilities, and/or expenses, including, without limitation, attorneys’ fees and disbursements of any character that arise from, are in connection with or are attributable to the performance or nonperformance of the Contractor or its subcontractors under this Contract. The State has no obligation for the payment of any judgments or the settlement of any claims against the Contractor or its subcontractors as a result of or relating to the Contractor’s performance under this Contract. This section shall survive expiration or termination of this contract.