SBR_Affidavit (1).pdf

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Attached to
Nutanix Server
Solicitation number
BPM055539
Issued by
Maryland

About this file

This is a Small Business Reserve (SBR) Affidavit document for the State of Maryland used to certify bidder eligibility for small business procurement contracts. The document establishes that only businesses meeting specific statutory requirements under the State Finance and Procurement Article can participate in SBR procurements. Bidders must affirm their small business status at the time of bid submission and notify the Procurement Officer within 30 days if circumstances change during the contract term, with failure to do so resulting in potential contract termination for default.

Maryland defines a small business based on industry classification with specific employee and gross sales thresholds over the most recently completed three fiscal years: wholesale operations are limited to 50 employees and $4,000,000 average gross sales; retail operations to 25 employees and $3,000,000; manufacturing and service operations to 100 employees with $2,000,000 and $10,000,000 gross sales respectively; construction operations to 50 employees and $7,000,000; and architectural and engineering operations to 100 employees and $4,500,000. Newly formed businesses are evaluated on employment levels and projected gross sales, with calculations adjusted proportionally for businesses in existence less than three years. False information provided to obtain an SBR contract may result in bid rejection, contract voidance, suspension and debarment, criminal prosecution for procurement fraud or perjury, and other legal actions. The related Nutanix Server procurement opportunity limits eligibility to SBR Master Contractors previously awarded contracts under the Hardware and Associated Equipment and Service 2012 Master Contract 060B2490022.

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Text version

SMALL BUSINESS CONTRACT

********** PROVIDING FALSE INFORMATION **********

Anyone providing false information to the State of Maryland in connection with obtaining or attempting to obtain a contract under Small Business Reserve or Preference procurement may be subject to the following:

1. A determination by a Procurement Officer that a bidder/offeror is not responsible;

2. A determination that a contract entered into is void or voidable under § 11-204 of the State

Finance and Procurement Article of the Annotated Code of Maryland;

3. Suspension and debarment under Title 16 of the State Finance and Procurement Article;

4. Criminal prosecution for procurement fraud (§ 11-205.1 of the State Finance and Procurement

Article), perjury, or other crimes; and

5. Other actions permitted by law.

********** FAILURE TO MEET MINIMUM QUALIFICATIONS **********

Any Bidder or potential bidder failing to meet the qualifications of a "small business" specified in §

14-501(c) of the State Finance and Procurement Article will be ineligible to participate in a procurement designated for a Small Business Reserve under § 14-504 or Small Business Preference under § 14-206 - 207. Any person or company bidding on Small Business Reserve or Preference procurement and not qualifying as a small business under § 14-501(c) will have its bid or offer rejected on the grounds that the bidder is not responsible.

I AFFIRM THAT:

To the best of my knowledge, information, and belief, as of the date of submission of this

Bid/Proposal, __________________________________ (name of firm) meets the qualifications for certification as a Small Business in Maryland. I further affirm that, if for any reason during the term of the contract (name of firm) no longer meets the qualifications for certification as a Small Business in Maryland, I will notify the Procurement Officer within 30 days. I agree that a failure to so notify the Procurement Officer of this change in circumstances may result in this contract being terminated for default.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT

THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY

KNOWLEDGE, INFORMATION, AND BELIEF.

SMALL BUSINESS QUALIFICATION NUMBER _________

Date of Most Recent Qualification__________________________________

DATE:_____________

BY:_____________________________________________________________

Signature (Authorized Representative and Affidavit)

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which award will be limited to Certified Small

Business vendors. Only businesses that meet the statutory requirements set forth in State Finance and

Procurement Article, § 14-501 - 14-505, Annotated Code of Maryland, and who are registered with the Department of General Services Small Business Reserve Program are eligible for award of a contract.

For the purposes of a Small Business Reserve Procurement, a small business is a business, other than a broker, that meets the following criteria:

• The business is independently owned and operated;

• The business is not a subsidiary of another business;

• The business is not dominant in its field of operation;

• The wholesale operations of the business did not employ more than 50 persons, and the gross sales of the business did not exceed an average of $4,000,000 in its more recently completed 3 fiscal years;*

• The retail operations of the business did not employ more than 25 persons, and the gross sales of the business did not exceed an average of $3,000,000 in its most recently completed 3 fiscal years;*

• The manufacturing operations of the business did not employ more than 100 persons, and the gross sales of the business did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years;*

• The service operations of the business did not employ more than 100 persons, and the gross sales of the business did not exceed an average of $10,000,000 in its more recently completed 3 fiscal years;* and

• The construction operations of the business did not employ more than 50 persons, and 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 operations of the business did not employ more than 100 persons, and 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.

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