UMES IFB ES26-27 001 Athletics Transportation Services.pdf

Invitation for Bid (IFB)

No. ES26/27-001

EMMA: BPM057907

ATHLETICS TRANSPORTATION SERVICES

Issue Date: Friday, July 10, 2026 Pre-Bid Conference: N/A Deadline for Questions: Monday, July 20 – 12 Noon Bid Opening Date: Thursday, July 30 – 2:00 P.M. EST

WARNING: If you have received this document from a source other than the Issuing Office immediately contact the Issuing Office and provide your name and mailing address in order that amendments to the IFB or other communications can be sent to them. If you fail to notify the Issuing Office with this information, you assume complete responsibility in the event that you do not receive communications from the Issuing Office prior to the bid opening date.

You are cautioned not to make changes to any of the terms and conditions in this solicitation. Doing so may render your bid non-responsive and subject to rejection.

Bids containing terms and conditions contrary to the University of Maryland's Eastern Shore’s terms and conditions or bids taking exception to any of the terms and conditions in this Invitation for Bid may be considered non-responsive and the bid may be rejected.

Questions and comments may be addressed to the point of contact identified in Section A-1, Item 9 of this document.

TABLE OF CONTENTS

1. Purpose

2. Notice to Bidders

3. General Information for Vendors

4. Issuing Office

5. Schedule of Events

6. Questions and Answers

7. Bid Submission Address and Deadline Delivery of Proposals

8. Discrepancies and Addenda to the Bid

9. Modifications and Withdrawal of Bids

10. Telegraphic Modifications

11. Bidding Method

12. Qualification of Bidders

13. Duration of Bid/Proposal Offer

14. Cancellation of the Bid

15. Announcement and Notification of Award

16. Reservation of Rights

17. Incurred Expenses

18. Economy of Preparation

19. Acceptance of Terms and Conditions

20. Procurement Regulations

21. Multiple Bids

22. Alternate Bids

23. Minority Business Enterprises (MBE) Notice

24. Scope of Work. Specifications and General Requirements

25. Attachments/Forms

26. Preparation of Bid Price Form

27. Contract Affidavit

28. Bid/Proposal Affidavit

29. Laws and Regulations

30. Proposal Acceptance/Right to Reject Bid and Waive Informalities

31. Financial Disclosure by Persons Doing Business with the State of Maryland

32. Public Information Act

33. Arrearages

34. Verification of Tax Payment Affidavit

35. Taxes

36. Pre- Existing Regulations

37. Political Contribution Disclosure

38. Compliance with Laws

39. Maryland Law Prevails

40. Indemnification

41. Resident Business Preference

42. Occupational Safety and Health Act (O.S.H.A.)

43. Maryland Public Ethics Law, Title 15

44. Cooperative Purchase

45. Formation of Agreement/Contract or Issuance of Purchase Order

46. Insurance Information

47. UMES Guidelines and Policy on Smoking

ATTACHMENTS

ATTACHMENT A BID/PROPOSAL AFFIDAVIT

ATTACHMENT B CONTRACT AFFIDAVIT

ATTACHMENT C VERIFICATION OF TAX PAYMENTS AFFIDAVIT

ATTACHMENT D ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA

ATTACHMENT E NOTICE TO VENDORS/CONTRACTORS

ATTACHMENT F PRICE BID/PROPOSAL FORM

ATTACHMENT G COMPANY PROFILE AND REFERERENCE FORM ….…….27

ATTACHMENT H CONTRACTOR AGREEMENT FOR SERVICES

& MAINTENANCE …………………….………………………….28

ATTACHMENT I SCOPE OF WORK, SPECIFICATIONS, AND

GENERAL REQUIREMENTS …………………………………..29

APPENDIX A UMES PURCHASE ORDER TERMS & CONDITIONS

(For Vendor Review)

APPENDIX B ADDITIONAL TERMS AND CONDITIONS

Bidders must submit the following with their bid response:

a. Bid/Proposal Form Attachment A

b. Contract Affidavit Form Attachment B (if bid exceeds $200,000)

c. Verification of Tax Payments Attachment C

d. Acknowledgement of Addenda Attachment D

e. Notice to Vendors/Contractors Attachment E (only submit if NO BID)

f. Price Form Attachment F

g. Company Profile and References Attachment G

Copy of Business License Insurance Certificate per State Required Limits (required prior to award) Material Safety Data Sheet (MSDS)

h. Contractor Agreement for Services / Maintenance

SITE INVESTIGATION

By submitting a bid the vendor acknowledges that he has investigated and satisfied himself as to the conditions affecting the work. Any failure by the contractor to acquaint himself with the available information will not relieve him from responsibility for estimating properly the cost of successfully performing the work. The University shall not be responsible for any interpretations made by the contractor of the information made available by the University.

INSTRUCTION TO BIDDERS

1. Purpose

The purpose of this Invitation to Bid (IFB) is to solicit bids for Athletics Transportation Services for the University of Maryland Eastern Shore Campus per the attached specifications. The Contractor shall provide all necessary labor, material, and equipment.

2. Notice to Bidders

The Notice to Bidders, which may be published as an advertisement, contains a description of the proposed work, together with information to the bidder regarding access to bid forms, plans and specifications, the nature of the bid guarantee, and the reservation of the right of the University of Maryland Eastern Shore to reject any or all bids. The Notice also contains the time, date and address set for receipt of the bids.

Copies of this RFP and related addenda can be obtained from eMaryland Marketplace Advantage (eMMA) and the college’s website. To download the RFP and Addenda, all interested firms must register as a vendor with eMMA at https://emma.maryland.gov. Firms assume the responsibility of downloading these documents and all addenda from this website prior to submission of their response.

The University assumes no liability for damages incurred directly or indirectly as a result of errors, omissions, discrepancies, unauthorized modification of electronic data, errors in transmission, HTML browser incompatibilities, and other aspects of electronic communications that are beyond the university’s control. Firms are encouraged to check eMMA and the University’s website on a regular basis for updates on this project.

Addenda and additional information often times get posted within 48 hours prior to the submission date.

3. General Information for Vendors

1. Bids must be made in the official name of the firm or individual under whom business is conducted (showing official business address) and must be signed by a duly authorized person.

2. Each Bidder must furnish all information required by the bid request. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent of the corporation must be accompanied by evidence of their authority.

3. This bid creates no obligation on the part of the University to award the contract or to compensate bidders for bid preparation expenses.

4. The University reserves the right to award a contract based upon the bids received without further negotiations. Bidders should therefore not rely on having a chance to change their offer.

5. Before the award of a contract, University of Maryland Eastern Shore may require the bidder to submit evidence of any information related to the financial, technical, and other qualifications and abilities of bidder.

6. Responders must be on the bidder’s list of the university and have received their bid documents directly from the University to be accepted as responsive.

7. The University reserves the right to amend this solicitation at any time prior to the bid due date. If it becomes necessary to amend any part of this solicitation, the procurement officer will furnish addenda to all prospective bidders known to have received a copy of this IFB.

4. Issuing Office and Procurement Officer

Department: Office of Procurement Mailing Address: University of Maryland Eastern Shore

30617 College Backbone Road Student Development Center (SDC), Suite 2220 Princess Anne, MD 21853 Phone: (410) 651-7940

Facsimile No.: (410) 651-7913

Procurement Officer Robert Drayton

The sole point of contact in the State for purposes of this IFB is the Procurement Officer or his/her representative (hereafter may be referred to as Procurement Officer). Only information communicated by the Procurement Officer shall be deemed the official position of the University. No State or University employee, official, or representative has authority to change the requirements of this solicitation except the Procurement Officer. Any attempts to circumvent this procedure in any manner may be grounds for disqualification of the Offeror(s) from the procurement process.

5. Schedule of Events

Solicitation Released July 10, 2026

Pre-Bid Conference: N/A

Deadline for Receipt of Questions July 20, 2026 12:00 Noon

MUST EMAIL QUESTIONS TO:

procurementsolicitations@umes.edu

Bid Due Date: July 30, 2026 2:00 p.m.

BIDS MAY BE EMAILED TO:

procurementsoliciations@umes.edu

Tentative Date of Contract Award Week of August 10, 2026

6. Questions and Answers

All communications regarding this solicitation are to be made solely through the Procurement Officer. Questions regarding this solicitation should be submitted in writing by the date indicated to procurementsolicitations@umes.edu.

mailto:procurementsolicitations@umes.edu

In the case of questions not received in a timely manner, the Procurement Officer shall, based on the availability of time to research and communicate an answer, decide whether to answer an untimely submitted question before the proposal due date. Questions will receive a written reply. Copies of replies will also be sent to all other persons known to have received a copy of the IFB, but without identification of the inquirer.

7. Bid Submission Address and Deadline

Complete bids will be received at the University of Maryland Eastern Shore, Office of Procurement, 30617 College Backbone Road, Student Development Center, 2nd Floor, Suite 2220, Princess Anne, Maryland until the bid submission deadline as stated herein.

Bid responses received after the closing time and date will not be considered. Bids received at that office on or before 2:00 p.m. on the bid submission date will be publicly opened and read aloud or shared via phone or email as inquired by others.

UMES may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn or modified prior to the scheduled time for opening of bids or authorize postponement thereof.

Electronic Bids are acceptable, please email to procurementsolicitations@umes.edu

If you do not wish to bid at this time, please submit ATTACHMENT E via email at procurementsolicitations@umes.edu at any time during the bid process.

8. Discrepancies and Addenda to the Bid

Clarifications desired by a prospective bidder regarding specifications, drawings, and other bid documents shall be requested in writing from the University no later than five (5) working days prior to the bid opening. Requests shall include the contract number and name and shall be directed to the address indicated in the notice to bidders. Failure to request such clarification shall be deemed a waiver of any claim by the bidder for expense made necessary by reason of later interpretation of the contract documents.

Oral explanations or instructions shall not be binding; only written addenda shall be binding.

It is the responsibility of the vendor to check frequently until the bid opening date for addenda, amendments and changes. The bidder shall acknowledge the receipt of all addenda in the space provided on the addenda form if applicable (Attachment D).

9. Modifications and Withdrawal of Bids

Withdrawal of or modification to bids shall be effective only if written notice thereof is received prior to the time and the place specified for bid opening in the Notice to Bidders. A notice of withdrawal or modification to a bid must be signed. No withdrawal or modifications shall be accepted after the time for opening of bid/proposals.

Bids cannot be altered, amended or withdrawn by the Bidder after the bid opening deadline. Any interlineations, alterations, or erasure made before this deadline must be initialed by the signer or the bid guaranteeing authenticity. Any ambiguity in the bid as a result of omission, error, lack of clarity or non-compliance by the Bidder with the specifications, instructions, and all conditions of bidding shall be construed in the favor of the University.

10. Telegraphic Modifications

The Bidders may modify their bids by telegraphic communication at any time prior to the time set for bid opening, provided such telegraphic communication is received by the Owner prior to such time, and provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the time set for the bid opening.

The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so the final prices, percent or terms will not be known to the Owner until the sealed bid is opened. If written confirmation is not received within two (2) days from the scheduled bid opening time, no consideration will be given to the telegraphic modification. No telephone bids, modifications or requests for withdrawal will be accepted.

11. Bidding Method

Award will be made to the lowest responsive and responsible bidder that meet the requirements set forth in the solicitation.

12. Qualification of Bidders

The Owner may make such investigations as it deems necessary to determine the ability of the bidder to perform the work; the bidder shall furnish to the Owner all such information and data as requested by the Owner. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of such bidder fails to satisfy the Owner that the Bidder is qualified to carry out the contract and to complete the work. Conditional bids will not be accepted.

13. Duration of Bid/Proposal Offer

Bids are to be held valid for ninety (90) days following the closing date of the request for bid.

This period may be extended by mutual agreement between the vendor and the University.

14. Cancellation of the Bid

The University may cancel this bid, in whole or part, at any time.

15. Announcement and Notification of Award

Announcement of award and bidder notification of award will be by publication on the eMaryland Marketplace Advantage website www.emma.maryland.gov, formal email from the procurement solicitation email to all vendors

16. Reservations of Rights

The solicitation implies no obligation on the part of the University. The University reserves the right to increase or decrease the quantities of any materials, equipment, supplies or services.

|The University reserves the right to award by item, group of items, or total bid and to waive any technical or minor irregularities.

http://www.emma.maryland.gov/

17. Incurred Expenses

The University will not be responsible for any costs incurred by any vendor in preparing and submitting a bid, delivery of or return of representative samples (if applicable).

18. Economy of Preparation

Bids should be prepared simply and economically, providing a straightforward, concise description of the vendor’s offer to meet the requirements of the bid.

19. Acceptance of Terms and Conditions

By submitting a Bid in response to this solicitation, the vendor accepts the terms and Conditions set forth herein.

20. Procurement Regulations

The bid and any resulting contract shall be governed by the University System of Maryland (USM) Procurement Policies and Procedures and the State Finance and Procurement Article of the Annotated Code of Maryland and by State Procurement Regulations, Code of Maryland Regulations Title 21, as applicable.

21. Multiple Bids

Vendors may not submit more than one bid.

22. Alternate Bids

Vendors may not submit alternate bids.

23. Minority Business Enterprises (MBE) Notice

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

24. Scope of Work, Specifications and General Requirements

The University of Maryland Eastern Shore is soliciting bids for Interior Painting in the Residence Halls on the campus.

Please see ATTACHMENT I for detailed specifications and general requirements.

25. Attachments/Forms

All papers included in, bound thereto or attached are necessary parts thereof and shall not be detached, separated or altered. The plans, specifications, and all other contract documents (including attachments A-H hereof) will be considered a part of the bid price form whether attached thereto or not.

26. Preparation of Bid Price Form

The Bidder shall submit their bid upon the BID PRICE FORM furnished by the University. The Bidder shall quote all prices, inclusive of unit prices, in whole dollars on the additional bid price sheet. Should the Bidder fail to quote accordingly, the University will round up or down to the nearest dollar of the prices (including unit prices) bided.

The Bid Price Form shall be filled out in ink or typed. Any erasures or alterations shall be initialed by the signer in ink. Spaces left blank will be considered as zero value. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, bidder’s address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form.

The Bid, if submitted by an individual, shall be signed by the individual, if submitted by a partnership, it shall be signed by such member or members of the partnership as have authority to bind the partnership; if submitted by a corporation, the same shall be signed by an officer, and attested by the corporate secretary or an assistant corporate secretary, if not signed by an officer, as aforesaid, 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.

The bidder shall review all certificates and affidavits called for in the bid request and the contract documents; bidder should either execute or be prepared to execute them as appropriate. In the Event that they cannot be truthfully executed, the bidder shall so notify the University.

27. Contract Affidavit

This is a mandatory affidavit. All offerors are advised that if a contract is awarded as a result of this bid, the successful offeror will be required to complete a Contract Affidavit. A copy of the Contract Affidavit is included as Attachment B. This form is not required to be submitted with the bid. However, submission with the bid is acceptable.

28. Bid/Proposal Affidavit

State procurement regulations require that bid and proposals contain certifications regarding non-collusion, debarment, cost and price, etc. The affidavit form, which must be completed by all respondents and returned with their respective responses is included as Attachment A.

29. Laws and Regulations

The bidder’s attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all government authorities having jurisdiction over the performance of the work shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though therein written out in full.

30. Proposal Acceptance/ Right to Reject Bid and Waive informalities

The University reserves the right to reject any and all bids or to accept any bid in the interest of the people of the State of Maryland and the Owner. For the same reason, the Owner reserves the right to waive any technicality or minor irregularity, to negotiate in any manner necessary to best serve the interest of the University. Further, the University reserves the right to make a whole award, multiple awards, a partial award or no award at all. The University reserves the right to increase or decrease the quantities of any materials, equipment, supplies or services.

31. Financial Disclosure by Persons Doing Business with the State of Maryland

Vendors and Contractors providing materials, equipment, supplies or services to the State of Maryland herewith agree to comply with Article 41, Section 89a of the 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 $100,000.00 or more during a calendar year shall, within thirty (3) days of the time when the $100,000.00 is reached, file with the Secretary of State a list containing the names and addresses of its resident agent, each of its offices, and any individual who is a beneficial owner of 5 percent or more of the contracting business.

32. Public Information Act

Offerors must specifically identify those portions of their bid, if any, which they deem to contain confidential, proprietary information or trade secrets and must provide justification why such material should not, upon request, be disclosed by the University under the Access to Public Records Act, State Government Article, Title 10, Sub-Title 6, of the Annotated Code of Maryland.

Offerors are advised that upon request for this information from a third party, the Procurement

Officer is required to make an independent determination as to whether the information may or may not be disclosed to the requesting party under the requirements of the Maryland Public Information Act. That decision will take into the Offerors’ position regarding its bid. A blanket statement by an Offeror, which its entire bid is confidential or proprietary, will not be upheld.

33. Arrearages

By submitting a response to this solicitation, a vendor shall be deemed to represent 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 in arrears during the term of the contract if selected for contract award.

34. Verification of Tax Payment Affidavit

This affidavit verifies that the vendor(s) named has paid all taxes, unemployment insurance contributions, reimbursement payments, and interest not barred by limitations and payable to the Comptroller, the Department of Assessments and Taxation, or the Department of Economic and Employment Development or has provided for payments in a manner satisfactory to the unit responsible for collection in accordance with Section t3-22Z of the State Finance and Procurement Article. And the bidder/offeror possesses a valid Sales and Use Tax License under Title 11, Subtitle 7 of the Tax General Article.

35. Taxes

The University of Maryland Eastern Shore is exempt from Federal Excise Taxes, Maryland Sales and Use Taxes, and the District of Columbia Sales Taxes and Transportation Taxes, except as noted in applicable sections of COMAR. Exemption Certificates shall be provided upon request.

36. Pre-Existing Regulations

The regulations set forth in the University System of Maryland (USM) Procurement Policies and Procedures, approved by the Board of Public Works, in effect on the date of execution of this contract are applicable to this Contract.

37. Political Contribution Disclosure

The Contractor shall comply with the provisions of Article 33, Sections 30-1 through 30-4 of the Annotated Code of Maryland, which require that every person that enter into contracts, leases, or other agreements with the State of Maryland, including its agencies, or a political subdivision of the State, during a calendar year under which the person receives in the aggregate $100,000 or more shall, on or before February 1 of the following year, file with the Secretary of State of Maryland certain specified information to include disclosure of political contributions in excess $500 to a candidate for elective office in any primary of general election. The statement shall be filed with the State Administrative Board of Election Laws: (1) before a purchase or execution of a lease or contract by the State, a county, an incorporated municipality or their 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 a year, 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.

38. 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 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. It shall comply with the federal, State and local laws, regulations, and ordinances applicable to its activities and obligations under this contract;

D. It shall, at its expense, supply all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this contract.

39. Maryland Law Prevails

The provisions of this solicitation and any subsequent contract award shall be governed by the State of Maryland.

40. Indemnification

The University shall not assume any obligation to indemnify, hold harmless, or pay attorneys’ fees that may arise from or in any way be associated with the performance or operation of this agreement.

41. Resident Business Preference

A preference will be given to a Maryland resident business, if a responsible bidder or offeror, whose principle base of operations is in another state, submits the lowest responsive bid or the most advantages offer and the other State gives a preference to it residents through law, policy or practice and the preference does not conflict with a federal law or grant affecting the procurement contract. The preference shall be identical to the preference that the other State, through law, policy, or practice, gives to its residents.

42. Occupational Safety and Health Act (O.S.H.A.) (not applicable)

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.

43. Maryland Public Ethics Law, Title 15

The Maryland Public Ethics Law prohibits, among other things: State employees or officials (and in some cases, former employees) and businesses in which such an individual is employed or holds a financial interest from (i) submitting a bid or proposal, (ii) negotiating a contract, and (iii) entering into a contract with the government unit with which the individual is affiliated per the Maryland Code, State Government Article, SS 15-502.

If the bidder/offeror has any questions concerning application of the State Ethics law to the bidder/offeror’s participation in this procurement, it is incumbent upon the bidder/offeror to see advice from the State Ethics Commission; Office of the Executive Director, 9 State Circle, Suite 200, Annapolis, MD 21401, 410-974-2068 or toll free 1-877-669-6085.

The procurement officer may refer any issue raised by a bid or proposal to the State Ethics Commission. The procurement officer may require the bidder/offeror to obtain advice from the State Ethics Commission and may reject a bid or proposal that would result in a violation of the Ethics Law.

The resulting contract is cancelable in the event of a violation of the Maryland Public Ethics Law by the vendor or any State of Maryland employee in connection with this procurement.

44. Cooperative Purchase

The University reserves the right to extend all of the terms, conditions, specifications and unit or other prices of any contract resulting from this bid to any and all public bodies, subdivisions, school districts, community colleges, colleges, and universities in the State of Maryland. This is conditioned upon mutual agreement of all parties pursuant to special requirements which may be appended thereto. The supplier/contractor agrees to notify the issuing body of those entities that wish to use any contract resulting from this bid and will also provider usage information which may be requested.

All purchases and payment transactions will be made directly between the Contractor and the requesting entity. The University of Maryland Eastern Shore will not be responsible for another entity’s debts. Any exceptions to this requirement must be specifically noted in the bid response.

45. Formation of Agreement/Contract or Issuance of Purchase Order

The contract to be entered into as a result of this bid shall be by and between the University and the Offeror in the form of a University Purchase Order. By submitting a bid, the vendor warrants that they have reviewed Appendix A (UMES Purchase Order Terms & Conditions).

46. Insurance Information

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 this contract.

The Contractor shall secure, pay the premiums for, and keep in force until the expiration of this contract, including any renewal thereof, adequate insurance as provided below, such insurance to specifically include liability assumed by the Contractor under this contract.

a. Commercial General Liability Insurance including all extensions-

$2,000,000 each occurrence;

$2,000,000 personal injury;

$2,000,000 products/completed operations;

$2,000,000 general aggregated

b. Workmen’s Compensation Insurance and Unemployment Insurance as required by the laws of the State of Maryland.

c. Owner’s Landlord’s and Tenant’s and Contractor’s bodily injury liability insurance, with limits not less than $500,000 for each person and $2,000,000 for each accident.

d. Property damage liability insurance with a limit of not less than $2,000,000 for each accident.

e. If automotive equipment is used in the operation, automobile bodily injury liability insurance with limits of not less than $1,000,000 for each person and $2,000,000 for each accident, and property damage liability insurance, with a limit of not less than $2,000,000 for each accident.

All policies for liability protection, bodily injury or property damage must specifically name the University of Maryland Eastern Shore or the System of Maryland as an additionally named insured as respects to 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 the items 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, officers, regents, invitees or guests of the University System.

Each insurance policy shall contain the following endorsement: “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 Workman’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 must always be furnished. Following the notice of contract award, the requested Certificate and Policies shall be delivered as directed by the Procurement Officer. Notices of policy changes shall be furnished to the Procurement Officer.

All required insurance coverage must be acquired from insurers allowed to do business in the State of Maryland and acceptable to the University. The insurers must have a policyholder’s rating of “A- “or better, and a financial size of “Class VII” or better in the latest edition of

Best’s Insurance Reports.

UMES GUIDELINES AND POLICY ON SMOKING

APPROVED BY THE PRESIDENT ON JUNE 26, 2013

I. PROHIBITIONS ON UMES PROPERTY

Smoking is prohibited in the following areas:

A. Consistent with Maryland law, smoking is not permitted in any UMES building, including academic buildings, residence halls, administrative buildings, and other enclosed facilities, and smoking is not permitted in State vehicles owned by UMES;

B. Smoking is prohibited on UMES grounds and property, including walkways, parking lots, and recreational and athletic areas except as provided below; and

C. The sale of tobacco and smoking-related products is prohibited on institution property.

Smoking in and on UMES property will be permitted only as follows:

A. In designed smoking areas around the perimeter of the campus. Smoking areas are designated by signs and smoking must be limited to the immediate area;

B. For controlled research, and educational, theatrical, or religious ceremonial purposes, with prior approval of the President or the President’s designee; or

C. Subject to any other exception to this policy recommended by the President and approved by the Chancellor.

ATTACHMENT A

BID/PROPOSAL AFFIDAVIT

A. AUTHORIZED REPRESENTATIVE

I HEREBY AFFIRM THAT:

I am the (title) __________________________and the duly authorized representative of (business)_____________________________and that I possess the legal authority to make this Affidavit on behalf of myself and the business for which I am acting.

B. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I nor, to the best of my knowledge, information and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, §6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows: (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

C. AFFIRMATION REGARDING OTHER CONVICTIONS

I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, or any of its employees directly involved in obtaining or performing contracts with public bodies, has:

(a) Been convicted under state or federal statute of a criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract, fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property;

(b) Been convicted of any criminal violation of a state or federal antitrust statute;

(c) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer

Influenced and Corrupt Organization Act, 18 U.S.C. § 1961 et. seq., or the Mail Fraud Act, 18 USC § 1341

et. seq., for acts arising out of the submission of bids or proposals for a public or private contract;

(d) Been convicted of a violation of the State Minority Business Enterprise Law, Section 14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(e) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsection (a), (b), (c), or (d) above;

(f) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of bids or bid/proposal for a public or private contract; or

(e) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described above, except as follows: (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official, or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):

D. AFFIRMATION REGARDING DEBARMENT

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows: (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the persons(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the details of each person’s involvement in any activity that formed the grounds of the debarment or suspension):

E. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES

(1) The business was not established and it does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 16- 101, et.seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and

(2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows: (you must indicate the reasons why the affirmations cannot be given without qualification):

F. SUB-CONTRACT AFFIRMATION

Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction.

G. AFFIRMATION REGARDING COLLUSION

Neither I, nor to the best of my knowledge, information, and belief, the above business, has:

(1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying bid or offer that is being submitted;

(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or price proposal of the bidder or contractor or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying bid or offer is submitted.

H. FINANCIAL DISCLOSURE AFFIRMATION

I am aware of, and the above business will comply with the provisions of Section 13-221 of the State Finance and Procurement Article of the Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a 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 the contracts, leases or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business.

I. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION

I am aware of, and the above business will comply with, Election Law Article, §§14-101-108, Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other agreements with the State of Maryland, including its agencies or a political subdivision of the State, 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.

J. DRUG AND ALCOHOL FREE WORKPLACE

Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head’s designee has determined that application of COMAR 21,11.08 and this certification would be inappropriate in connection with the law enforcement agency's undercover operation)

I CERTIFY THAT:

(1) Terms defined in COMAR 21.11.08 shall have the same meaning when used in this certification.

(2) By submission of its bid or offer, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall:

(a) Maintain a workplace free of drug and alcohol abuse during the term of the contract;

(b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business’ workplace and specifying the actions that will be taken against employees for violation of these prohibitions;

(c) Prohibit its employees from working under the influence of drugs or alcohol;

(d) Not hire or assign to work on the contract anyone whom the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;

(e) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred;

(f) Establish drug and alcohol abuse awareness programs to inform its employees about:

(i) The dangers of drug and alcohol abuse in the workplace;

(ii) The business’ policy of maintaining a drug and alcohol free workplace;

(iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs;

and

(iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace;

(g) Provide all employees engaged in the performance of the contract with a copy of the statement required by § J(2)(b), above;

(h) Notify its employees in the statement required by § J(2)(b), above, that as a condition of continued employment on the contract, the employee shall:

(i) Abide by the terms of the statement, and

(ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction;

(i) Notify the procurement officer within 10 days after receiving notice under §J(2)(h)(ii), above, or otherwise receiving actual notice of a conviction;

(j) Within 30 days after receiving notice under §J(2)(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:

(i) Take appropriate personnel action against an employee, up to and including termination or,

(ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and

(k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of §J(2)(a)-(j), above.

3. If the business is an individual, the individual shall certify and agree, as set forth in §J(4) below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract.

4. I acknowledge and agree that:

(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification;

(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments under, or terminate the contract for default under University Policies and Procedures, Appendix B, Section D. 16. And E. 11; Default

(c) The violation of the provisions of COMAR 21.11.08 or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in the suspension and debarment of the business under COMAR 21.08.06.

K. CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT

(1) The business named above is a (domestic )(foreign ) corporation registered in accordance with the Corporations and Associations Article, Annotated Code of Maryland, and that it is in good standing and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation, and that the name and address of its resident agent filed with the State Department of Assessments and Taxation is:

Name:____________________________________________________________

Address:___________________________________________________________

(if not applicable, so state)

(2) Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Employment Security Administration, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.

L. CONTINGENT FEES

The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the business, to solicit or secure the Contract, and that the business 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 the Contract.

M. REPEALED

N. ACKNOWLEGEMENT

I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and

(3) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in the Affidavit or any contract resulting from the submission of this bid or proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract, 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.

Date: __________________________ By:________________________________________ (Authorized Representative and Affiant)

VENDOR’S FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN):_____________________

ATTACHMENT B

CONTRACT AFFIDAVIT

A. AUTHORIZED REPRESENTATIVE

I HEREBY AND AFFIRM THAT:

I am the (title) ____________________________________________ and the duly authorized representative of (business)________________________________ and that I possess the legal authority to make this Affidavit on behalf of myself and the business for which I am acting.

B. CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT

(1) The Business named above is a (domestic____)(foreign____) corporation registered in accordance with the Corporations and Associations Article, Annotated Code of Maryland, and that it is in good standing and has filed all its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation, and that the name and address of its resident agent filed with the State Department of Assessments and Taxation is:

Name:______________________________________________________

Address:___________________________________________________

(2) Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due to the State of Maryland prior to final settlement.

C. CERTAIN AFFIRMATIONS VALID

To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgements contained in that certain Bid/Proposal Affidavit dated ___/___/___, and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein.

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…