OFFICE OF PROCUREMENT REQUEST FOR PROPOSAL #18-03 WEBSITE REDESIGN SERVICES. Issue Date: December 4, 2017
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1 OFFICE OF PROCUREMENT REQUEST FOR PROPOSAL #18-03 WEBSITE REDESIGN SERVICES Issue Date: December 4, 2017 PRE-BID CONFERENCE: BID DUE DATE: PROCUREMENT / ISSUING OFFICE PROCUREMENT CONTACT: DEADLINE FOR QUESTIONS: RESPONSE DATE FOR QUESTIONS: DATE: December 12, 2017 TIME: 10:00 A.M. Prince George s Community College Office of Procurement 301 Largo Road Kent Hall, Rm. 262 Largo, Maryland DATE: January 3, 2018 TIME: 10:00 A.M. Prince George s Community College Office of Procurement 301 Largo Road Kent Hall, Rm. 264 Largo, Maryland Prince George s Community College Office of Procurement 301 Largo Road Kent Hall, Rm. 264 Largo, Maryland Sabrina Wells Executive Director of Financial Affairs December 13, 12:00 P.M. NO LATER THAN December 20, 2017 TIME: 5:00 P.M. NOTE: ALL ADDENDA CAN BE ACCESSED AT or For inquiries contact: Sabrina Wells at wellssx2@pgcc.edu * * * *BIDS MUST BE MAILED OR HAND DELIVERED TO THE ADDRESS SHOWN ABOVE, NO LATER THAN THE ANNOUNCED DATE AND TIME OF CLOSING. BIDS SENT BY FACSIMILE WILL NOT BE ACCEPTED.
2 REQUEST FOR PROPOSAL # WEBSITE REDESIGN SERVICES Table of Contents I. REQUEST FOR PROPOSALS Page 3 A. General Information B. Pre-Bid Proposal Conference C. Submission of Bid Questions D. RFP Timeline E. Non-Discrimination in Procurement F. Minority Business Participation G. Cooperative Purchasing Agreement II. STATEMENT OF WORK Page 6 A. Purpose of Website Redesign Services B. Project Requirements and Expectations C. Technical Submission Requirements D. Technical Proposal Rating/Scoring Sheet E. Fee Proposal Submission Requirements III. BID ATTACHMENTS Page 15 (Submit with Fee Proposal only) Bidder s Proposal Bid Proposal Affidavit Conflict of Interest MBE Participation Provisions Minority Business Utilization Affidavit MBE Participation Schedule Performance Agreement References 2
3 REQUEST FOR PROPOSAL # WEBSITE REDESIGN SERVICES SECTION I REQUEST FOR PROPOSALS A. GENERAL INFORMATION Sealed proposals will be received by Prince George s Community College of Largo, Maryland, Office of Procurement, Kent Hall, Room 264, for the following: RFP #18-03 Website Redesign Services The award of contract will be made by the Board of Trustees to the responsible and responsive bidder whose bid, conforming to the Request for Proposals, is deemed by the College to be the most advantageous to the College and its employees based upon an analysis of cost benefits and other information furnished by the bidder(s). The College reserves the right to reject any or all bids, accept any bid or any part, and reject the other part, as best serves the interest of the College. The Board of Trustees may consider informal any bid not prepared and submitted in accordance with the stated provisions and may waive any informalities in, or reject any or all bids. In the event the College determines that it is in the best interest of the College to make changes in the specifications or quantities, after the bid opening, but prior to award, the College reserves the right, prior to award, to negotiate such changes with the qualified responsive bidder whose bid, conforming to the Request for Proposals, is deemed by the College to be the most advantageous to the College and its employees based upon an analysis of cost benefits and other information furnished by the bidder (s), and to award a contract incorporating such agreed upon changes to that bidder. The College reserves the right to reject any or all bids, accept any part and reject the other part as best serves the interest of the College; and award separate contracts for all or any of the items bid, subject to the availability of funds. B. PRE-BID PROPOSAL CONFERENCE A Pre-bid Proposal Conference will be held December 12, 10:00 A.M. in Kent Hall Room 262. If the College is CLOSED the Pre-bid conference will take place at the same time on the next day the College is open for business. All interested bidders have the option to attend the Pre-Bid Conference inperson, online, or audio conference. To join the meeting from your computer, tablet or smartphone, go to To join the meeting via audio conference, dial (646) , enter Access Code: , and Audio Pin: Press the # key. Prior to joining the online meeting, we suggest you conduct a quick system check at The Pre-bid conference is not mandatory; however, the College encourages participation. C. SUBMISSION OF BID QUESTIONS Bid questions must be ed to the attention of Sabrina Wells at wellssx2@pgcc.edu Office of Procurement no later than noon December 13, Bidders are advised that the College reserves the right to use its best judgment in choosing to respond or not to respond to any questions received after the 3
4 above stated cut-off date for questions. Firms must carefully examine the RFP and related documents. Should any firm find discrepancies or omissions in this RFP or be in doubt as to the context or meaning of any aspect of this document, the firm should direct inquires and/or requests for clarification of the documents in writing to the Office of Procurement. D. RFP Timeline Listed below is the estimated timeline for this project. Dates are subject to change. Seq. Description Planned Date 1 RFP Advertised 12/04/ Pre-Bid Conference 10 am in Kent Hall, 12/12/2017 Room Questions Due from Bidders 12/13/2017 by 12 noon 4 Responses to Questions Issued 12/20/ RFPs Closes Technical and Fee Proposals due 01/03/2018 by 10 am 6 Evaluation Team Reviews Bids 01/04/ Shortlist Prepared; All Bidders Notified 01/12/ Interviews with Shortlisted Bidders (Shortlisted bidders must be available between these dates to participate in Bidder Interviews.) 01/17/2018 and 01/18/ Request BAFOs (if required) 01/19/ Recommendation of Award Presented to 02/08/2018 Board of Trustees 11 Notification of Award Issued 02/12/2018 E. NON-DISCRIMINATION IN PROCUREMENT The Board of Trustees is committed to a policy of non-discrimination and equal opportunity in all procurement activities, to the end that College purchases and contracts shall be solicited and entered into without regard to the race, color, religion, sex, marital status, age, handicap or national origin or status as a Vietnam war veteran, qualified disabled veteran, or qualified individual with a disability, of any bidder, prospective bidder, vendor or contractor. F. MINORITY BUSINESS PARTICIPATION The College has established a MBE goal for this project, with mandatory 25% MBE participation. It is the policy of Prince George s Community College to encourage local minority businesses to provide goods and services for the performance of College functions. Minority businesses include non-profit entities organized to promote the interests of handicapped persons and firms that are 51% owned and controlled by a member(s) of socially or economically disadvantaged minority groups, which include: Blacks, Hispanics, American Indians, Alaska natives, Asians, Pacific Islanders, women, and the mentally or physically disabled. Business must be certified. All bidders must provide their proposed MBE participation on the minority business forms attached within this proposal. 4
5 G. COOPERATIVE PURCHASING AGREEMENT Where this contract is prepared on behalf of Prince George s Community College, pricing will be extended for use by other State of Maryland community Colleges, other State of Maryland and local governmental agencies, Maryland school districts, and the University of Maryland system, unless the contractor specifically prohibits or limits such arrangement in their proposal. Funding for other agencies will be the sole responsibility of the respective agency. By Authority of Terri Bacote-Charles Vice President for Administrative and Financial Services Prince George s Community College 5
6 SECTION II STATEMENT OF WORK REQUEST FOR PROPOSAL #18-03 WEBSITE REDESIGN SERVICES A. PURPOSE OF WEBSITE REDESIGN SERVICES Prince George s Community College (hereinafter referred to as PGCC or The College ) requests written proposals from qualified professional consulting firms (hereinafter referred to as Consultant, or Consultants ) for the complete redesign and content review of the College s existing website ( The redesign shall focus on aligning the website with the College s strategic goals, major initiatives, and the needs of College stakeholders. PGCC is a public two- year institution accredited by the Middle States Commission on Higher Education. It has provided high-quality education and training for the progressive and career-oriented residents of Prince George s County for 60 years. PGCC comprises students who represent a wide range of ages, backgrounds, and goals; from new high school graduates and career seekers to more seasoned professionals and senior citizens looking to enhance their skillsets. Serving nearly 39,000 individuals annually, the College s vision is to be the first choice for higher education for residents of Prince George s County. Collaborative partnerships, responsive degree and training programs, and a commitment to student success enables PGCC to address diverse education and workforce development demands. The PGCC website is the centerpiece of the College s digital strategy for marketing and recruiting students, and receives approximately 9 million page views each year. The website s primary purpose is to allow prospective students to easily learn about and apply to PGCC. An important close secondary purpose is to provide information to current students as well as other College stakeholders. There are a number of constituencies that are involved in decision-making roles for the College s website. The overall vision and goals for the College s website is overseen by the web steering group. The Office of Communications and Marketing is responsible for ensuring the branding and message that is posted on the site is in line with the branding messages of the College. The web services team is responsible for the technical administration and coding for the website. Finally, designated individuals in departments and specified groups throughout the College serve as content owners who are responsible for the content and layout of individual pages. The current website design was developed in 2008 and, along with the Ektron web content management system (WCMS), was launched in PGCC has determined that its present website is out-of-date in appearance and functionality. The College is looking to enhance the ease of use for both students and other stakeholders with a redesign, and is interested in a dynamic, innovative design and architecture that engages visitors and provides easy access to information. The College seeks to develop a revised student-centric information architecture that supports our American Association of Community Colleges (AACC) Pathways project initiatives. For more information on the AACC Pathways project, visit Additionally, the redesign would include a website management operations framework and site governance policies and processes to support ongoing maintenance of the website. The College is in the process of identifying and procuring a new Web Content Management System (WCMS) to be implemented and launched simultaneously with the new website design. While the procurement, configuration, and deployment of the WCMS is not within the scope of this RFP, 6
7 implementation of the website within the new WCMS system will be imperative to the success of the website deployment. The College intends to adopt an aggressive timeline and move to a new, innovative website design and a new CMS system that is implemented 6-8 months after the project kickoff meeting. B. PROJECT REQUIREMENTS AND EXPECTATIONS B.1 OVERVIEW OF SCOPE OF SERVICES The selected firm shall partner with the College to develop a redesigned web presence that attracts, engages, and retains credit and non-credit students, as well as other site visitors. Rather than migrating the College s existing content, we expect to build a new site that takes into account best practices in website content, navigation and design while maintaining the College s current brand identity. The site shall clearly market the College s available programs and services and highlight the College as the first choice for traditional and nontraditional students. The site shall incorporate easy, self-directed selection options for academic programs and offerings aligned with the Pathways meta-majors model, and use intuitive decision making tools to distinguish between credit and non-credit programs. The site shall provide simplified front-end enrollment and registration information, including the cost of tuition and available tools for payment, such as financial aid and scholarships. The information provided regarding payment shall comply with all federal requirements for educational websites. The site shall also highlight key College events and services. The selected firm will partner with the College s Office of Communications and Marketing, web services team, and/or content owners throughout the College to redesign the layout, navigation and design of the website while leveraging the WCMS capabilities and templates, and populate revised content into the WCMS. The College currently uses the Ektron WCMS for the College s website, but is considering TerminalFour as a potential replacement. The WCMS used for this project will be announced upon award of the contract. Internet service provider services and website hosting is not included as part of this project. B.2 REQUIRED COMPONENTS FOR REDESIGN It is expected that the new website will have a cohesive web content strategy and user experience design that creates a clear path for the user, makes better use of the real estate, leverages analytics and search engine optimization, includes enhanced imagery and call to action (CTA) throughout the site, and leverages other WCMS capabilities. The website will have a responsive design to allow optimal viewing on various devices. It will be easy to find content areas that are routinely accessed and be more visually appealing through the use of current practices in web-based graphic design. The layout, navigation, and access for core business processes will be improved and CTA elements will be easily distinguishable and facilitate required actions. The website must be search engine optimized and compliant with ADA Section 508. B.3 PROJECT TASKS This project is scheduled to be completed 6-8 months after initial kick-off meeting. The selected firm is expected to use a phased approach to complete the project. The selected firm shall meet with College staff to determine the primary business objectives for the main landing pages and assist in developing a written web content strategy to be approved by the Office of Communications and Marketing and web services teams. Additionally, the firm shall work with the WCMS project team to develop templates and 7
8 populate revised content, images, and video into the developed templates, and leverage other WCMS capabilities. Finally, the firm shall conduct a review of revised content, navigation, and other web-page elements to ensure completeness and usability. The selected firm is also required to perform/provide the following tasks and deliverables: a. Conduct a detailed analysis of the College s website and then propose site architecture and navigation mapping; b. Conduct a review of the WMCS capabilities and then propose functionality to incorporate into design; c. Determine primary navigation areas and web elements for the home page and primary landing pages; d. Provide two alternative sets of design concepts for evaluation by the Office Communications and Marketing and web services team; e. Identify primary objectives for the first-level landing pages, create templates for the home page, landing pages, and second-level pages, and ensure that the identified objectives are incorporated into the revised content; f. Create consistent and standardized templates for all pages that ensure that pages conform with the College s existing brand guidelines, but also provide flexibility to allow for some level of individuality and functionality for the different departments around the College; g. Review existing web content and recommend improvements based on best practices, including the consolidation and deletion of unnecessary content and web elements; h. Rewrite and reorganize existing content on the home page, first and second level pages; i. Incorporate dynamic elements into the home page design template to reinforce web strategy objectives and goals; j. Incorporate graphics and images into revised web pages to compliment content and reinforce messaging and branding; k. Ensure that any developed templates are able to incorporate emergency notification messages; l. Ensure that the web design is able to accommodate delivery using responsive design across different platforms, including tablets, smart phones, and various desktop views; m. Ensure that the web design is 508 compliant and conforms to Level AA of the Web Content Accessibility Guidelines (WCAG) and appropriate Level AAA guidelines. n. Ensure templates allow for the software integration for a variety of common website processes such as , surveys, social media, feedback, forms, ecommerce, calendars, and online payments; and o. Ensure that SSL certificates, obtained by the College, are integrated into templates and pages as needed. p. Recommend web management operations framework and site governance policies and processes to support on-going review and maintenance of the new website. q. Provide training sessions on website structure, writing for web, design strategy and/or other topics as identified. The selected firm shall also be responsible for managing the project, including the creation of schedules, task assignments, meeting milestone completion targets, reporting, testing, and delivery. The firm shall provide periodic reports to the marketing and web services teams on the project status. All work shall be done with appropriate input and approval from the Office of Communications and Marketing and web services group. 8
9 C. TECHNICAL SUBMISSION REQUIREMENTS The selection procedure for this procurement requires an independent College evaluation of a consultant s Technical proposal. This separation allows for evaluation of technical proposals on their technical merit only. Each firm shall submit its proposal in a sealed box or container and use the below label format. Sealed RFP Technical Proposals for the Website Redesign Services, R.F.P. #18-03, will be received for the Board of Trustees of Prince George s Community College by the Procurement Officer, Kent Hall, Room 264, Prince George s Community College, 301 Largo Road, Largo, Maryland, , until 10:00 A.M., January 3, 2018, and at that time will NOT be publicly opened. Late bids will not be accepted. Consultants mailing proposals should allow sufficient mail delivery time to ensure timely receipt at the Office of Procurement. If the College is closed, the bid opening will take place on the next day that the College is open for business. Each bid will be received in a sealed envelope or box, which shall be plainly marked as follows: BID PROPOSAL SUBMISSION LABEL RFP No.: 18-03, WEBSITE REDESIGN SERVICES Proposal Due Date: by January 3, 2018 Proposal Due Time: 10:00 A.M. Vendor s Name: Vendor s Address: Point of Contact: Point of Contact s Phone Number: Point of Contact s Address: Total Number of Qualification/Technical Copies required: An original, to be clearly identified, and four (4) copies of each technical proposal must be submitted to the College in order to be considered for the Website Redesign Services project. Clearly mark on the coversheet and binder which proposal is the original. Note, the Proposal Fee MUST NOT be listed anywhere in the Proposal. The technical proposal should be absent of any specific Website Redesign Services fees and costs. Delivery Instructions: Deliver proposals to: Prince George s Community College Attn: Office of Procurement 301 Largo Road, K-264 Largo, MD
10 All technical proposals must be structured and labeled into the following sections: a. Cover Letter The cover letter must be on company letterhead and should include the name and address of the firm submitting the proposal, a contact person at the firm, including address and telephone number, for the proposal, and the date of submission. The page should also state the RFP title and bid number. b. Section I: Firm Information All services furnished under this contract shall be from website consultancy firms that have been in business for at least five (5) years. Failure to provide such proof may result in the firm being determined to be non-responsive and not eligible for award. Provide detailed information about the following items relating to the firm s qualifications and relevant experience, including, but not limited to the following: 1. Provide a company overview, including size, revenue, services provided, and business outlook. Provide detailed information about the number of employees involved in direct support on projects. Provide information about the length of time the firm has been providing website redesign services, as well as any other services that may be provided by the firm. 2. Provide information about the firm s business and customer service philosophy. 3. Provide information about the number and size of higher education institutions utilizing the services of your firm. Detail the number of institutions that are public, private, four-year and two-year. 4. What is the average duration of a client relationship? 5. How many new clients has your firm added in the past year? 6. How many clients have terminated services in the past year? Why? 7. Is there any pending litigation against your firm? If so, please describe. 8. Are there any significant changes expected in your firm s client base or company operations that would affect your firm s ability to provide services to the College? c. Section II: Project Team members Identify and provide detailed resumes for all team members/staff who will work on the contract. List ONLY the individuals who will directly contribute to the project and have a defined role. Information for each person shall include their educational background, certifications, total years of experience, and work experience with the proposing firm, as well as any relevant positions with prior employers. Provide a description of the role each individual will play in the project and the approximate amount of time that will be spent. Include specific detail for any experience with work performed for a higher education institution. When appropriate, provide a sample of web page redesigns created by the individual. It should be noted that the College does not want the entire portfolio for each individual. Examples should be used sparingly and only to demonstrate a particular 10
11 qualification of an individual. The team should clearly demonstrate experience comparable to that required to successfully execute the work described in this solicitation. Additionally, Vendors shall designate a project coordinator who will be the primary liaison with the College and the WCMS project team, including name, contact information and position with firm. Note - Personnel Commitment: By submitting the names for consideration under this Consultant Information Section, the Vendor is committing these people to the College for this contract s duration if awarded the contract. No personnel substitutions will be permitted without written authorization from the College. The College has the absolute and unqualified right to deny substitutions. Substituted personnel must have qualifications equal to or better than the individual being replaced. d. Section III: Website Redesign Experience Provide information that demonstrates your firm s experience with redesigning websites. Provide a list of at least four (4) comparable websites, preferably higher education sites, which have been designed by your firm. Include the website address, contact information, and a hard copy of the home page. Please note that the College reserves the right to contact these organizations. As a result, all contact information must be current and complete. Describe web content management systems with which your firm has experience and list the websites developed with each system. e. Section IV: Redesign Approach and Work Plan Provide a description of the approach that will be taken to ensure that the services are provided as required. Include examples for enhancing the content, navigation and design of the College s website ( Describe your methodology and approach to collecting necessary information. What information will the College need to provide and in what format? Indicate the various College staff that would be expected to participate in the project, their roles and the type of information they would be providing, and the estimated level of effort involved for these staff. Describe the quality control system that will be implemented to provide effective measures to ensure that the work performed meets the requirements of the project and is executed to the highest professional standards. Include a project timeline including important project milestones. This schedule must be provided in graphic form, although additional narrative to supplement is permissible. f. Section V: Training Detail the training that will be provided as required as part of the project. What will be the topics covered in the training? How will training be provided, include delivery method(s)? Who will be providing the training? What training materials will be provided? Are training materials able to be reproduced? 11
12 g. Client References and Letter of Recommendation From the submitting firm. Submit Three-Five Client References and Three-Five Client Letters of Recommendation. References should include contact name and phone number, project associated with, and a brief description of the project associated with. Personnel of the College may contact references listed in the Technical Proposal, as well as other sources referred to them in the course of the evaluation. References will be questioned about such items as the Vendor s overall performance, organization, cooperation, timeliness, and quality of support. The Vendor shall insure that contact information is current. Use the reference form provided in this section. The College may only be one of the required references. 12
13 D. TECHNICAL PROPOSAL RATING/SCORING SHEET The College s Technical Proposal Evaluation team will rate and score the proposals based on the following: TOTAL MAX. POINTS (25 POINTS) FIRM INFORMATION & PROJECT TEAM MEMBERS _ SCORE COMMENTS Rate Firm and Key Personnel Experience:. Did response include all required items per submission requirements?. Length of time in business. Appropriateness of size of company and services offered related to scope of work. Providing services to institutions of higher education. Completeness of Resumes. Appropriateness of Project Team experience. Project Experience of individual Team members. Depth and overall expertise of Team TOTAL MAX. POINTS (25 POINTS) WEBSITE REDESIGN EXPERIENCE SCORE COMMENTS Rate Quality and Depth of Website Design Experience:. Did response include all required items per submission requirements?. Did firm meet all criteria items. Rate the similar projects presented compared to the website redesign project.. Rate overall quality & depth of projects and the firm s capacity to successfully completed projects of equal or greater complexity. Did projects presented include all required items per the submission requirements TOTAL MAX. POINTS (40 POINTS) REDESIGN APPROACH AND WORK PLAN SCORE COMMENTS Rate Quality of Redesign Approach and Work Plan:. Did response include all required items per submission requirements?. Breadth and depth of redesign approach. Appropriateness of methodology for approach. Rate overall quality of examples for enhancing the content, navigation and design of the College s website. Rate project management strategy and timeline TOTAL MAX. POINTS (5 POINTS) TRAINING _ SCORE COMMENTS Rate Quality of Training Plan:. Did response include all required items per submission requirements?. Appropriateness of training plan and topics TOTAL MAX. POINTS (5 POINTS) REFERENCES SCORE COMMENTS Rate quality of references:. Did response include all required items per submission requirements?. Quality of references and Letters of Recommendation 13
14 E. FEE PROPOSAL SUBMISSION REQUIREMENTS A separate fee proposal must be submitted in addition to the technical proposal. The fee proposal must be submitted via mail or hand delivery on January 3, 2018 by 10:00am. The bidder must provide a breakdown of services as listed within the Statement of Work, and the costs for those services. The bidder must clearly define the services and subcontractor, if any, proposed towards meeting at minimum the 25% minority business goals for this project. The fee proposal shall be in a separate envelope from the technical proposal, but submitted together, and should be labeled as indicated below. FEE PROPOSAL SUBMISSION LABEL RFP No: 18-03, WEBSITE REDESIGN SERVICES Due Date: January 3, 2018 Due Time: 10:00 AM Contractor s Name: Contractor s Address: Point of Contact: Point of Contact s Phone Number Point of Contact s Address Total Number of Fee Copies required: An original, to be clearly identified, and one (1) copy of each fee proposal must be submitted to the College in order to be considered for the Website Redesign Services project. Clearly mark on the coversheet and binder which is the original. Include in the fee proposal ALL Bid forms required by the RFP such as: Bidder s Proposal Bid Proposal Affidavit Conflict of Interest MBE Participation Provisions Minority Business Utilization Affidavit MBE Participation Schedule Performance Agreement References 14
15 REQUEST FOR PROPOSAL #18-03 WEBSITE REDESIGN SERVICES SECTION III BID ATTACHMENTS The following attached forms must be submitted with the Bidder s Fee Proposal. Bidder s Proposal Bid Proposal Affidavit Conflict of Interest MBE Participation Provisions Minority Business Utilization Affidavit MBE Participation Schedule Performance Agreement References 15
16 PRINCE GEORGE S COMMUNITY COLLEGE REQUEST FOR PROPOSAL # WEBSITE REDESIGN SERVICES BIDDER S PROPOSAL NAME OF BIDDER TO: Board of Trustees of Prince George s Community College Ladies and Gentlemen: The undersigned, having carefully examined the Request for Proposal, Statement of Work, Performance Agreement, Bidder s Proposal, Bid Proposal Affidavit and any addenda pertaining to RFP #18-03 hereby offers to furnish and deliver the services called for in accordance with the said documents for the amount stated within the fee proposal. The undersigned acknowledges receipt of any addenda. Addendum # Addendum # PRINT NAME SIGNATURE TITLE FIRM PHONE NUMBER FAX NUMBER 16
17 A. AUTHORIZED REPRESENTATIVE I HEREBY AFFIRM THAT: BID PROPOSAL AFFIDAVIT 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 (b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, or any of its employees directly involved in obtaining or performing contracts with public bodies (as is defined in Section (f) of the State Finance and Procurement Article of the Annotated Code of Maryland), has been convicted of, or has had probation before judgment imposed pursuant to Article 27, Section 641 of the 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 U.S.C. 1341, et seq., for acts arising out of the submission of bids or proposals for a public or private contract; (1) 17
18 (d) Been convicted of a violation of the State Minority Business Enterprise Law, Section 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 proposals for a public or private contract; (g) 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 statue 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 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 ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, excepts 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 person(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 I FURTHER AFFIRM THAT: (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 , 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): (2) 18
19 F. SUB-CONTRACT AFFIRMATION I FURTHER AFFIRM THAT: 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 I FURTHER AFFIRM THAT: 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 offeror 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 FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, the provisions of Section 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 FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, Article 33, Sections 30-1 through 30-4 of the 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 Administrative Board of Election Laws a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. (3) 19
20 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 and this certification would be inappropriate in connection with the law enforcement agency s undercover operations.) I CERTIFY THAT: (1) Terms defined in COMAR 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) (ii) (iii) assistance programs; and (iv) alcohol in the workplace; The dangers of drug and alcohol abuse in the workplace; The business policy of maintaining a drug and alcohol free workplace; Any available drug and alcohol counseling, rehabilitation, and employee The penalties that may be imposed upon employees who abuse drugs and (g) Provide all employees engaged in the performance of the contract with a copy of the statement required by J(2)(b), above; (4) 20
21 (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: termination; or (i) Take appropriate personnel action against an employee, up to and including (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 and this certification; (b) The violation of the provisions of COMAR or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR or , as applicable; and (c) The violation of the provisions of COMAR or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR K. CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT I FURTHER AFFIRM THAT: (1) The business named above is a (domestic ) ((foreign ) corporation registered in accordance with the Corporations and Associations Article, Annotated Code of (5) 21
22 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 I FURTHER AFFIRM THAT: 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. ACKNOWLEDGEMENT 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 (4) 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 this 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) (6) 22
23 CONFLICT OF INTEREST INFORMATION A. Each solicitation that will result in the selection of a Contractor who will assist a unit in the formation, evaluation, selection, award, or execution of a State contract shall provide notice of the requirement of this regulation. B. "Conflict of interest" means that, because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the State, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. C. "Person" has the meaning stated in COMAR B (64) and includes a bidder, offeror, Contractor, consultant or subcontractor or sub consultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a bid or offer is made. D. If the Procurement Officer makes a determination prior to award that facts or circumstances exist giving rise or which could in the future give rise to a conflict in interest, the procurement officer may reject a bid or offer under COMAR B. E. After award the State may terminate the contract, in whole or in part, if it deems such termination necessary to avoid an actual or potential conflict of interest. If the Contractor knew or reasonably could have been expected to know of an actual or potential conflict of interest prior to or after award and did not disclose it or misrepresented relevant information to the Procurement Officer, the State may terminate the contract for default, institute proceedings to debar the Contractor from further State contracts, or pursue such other remedies as may be permitted by law or the contract. F. A conflict of interest may be waived if the Procurement Officer, with approval of the agency head or designee, determines that waiver is in the best interest of the State. The determination shall state the reasons for the waiver and any controls that avoid, mitigate, or neutralize the conflict of interest. G. Each bidder or offeror responding to a solicitation that will result in the selection of a Contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract shall provide the affidavit and disclosures set forth in Subsection H of this regulation to the Procurement Officer with the bid or offer and such other times as may be required by the Procurement Officer. H. The affidavits and disclosures required by Subsection G of this regulation shall be in substantially the same form as follows: 23
24 CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE A. "Conflict of interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the State, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. B. "Person" has the meaning stated in COMAR B (64) and includes a bidder, offeror, Contractor, consultant, or subcontractor or sub consultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a bid or offer is made. C. The bidder or offeror warrants that, except as disclosed in D below, there are no relevant facts or circumstances now giving rise or which could, in the future, give rise to a conflict of interest. D. The following facts or circumstances give rise or could in the future give rise to a conflict of interest (explains in detail--attach sheets if necessary): E. The bidder or offeror agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the bidder or offeror will immediately make a full disclosure in writing to the Procurement Officer of all relevant facts and circumstances. This disclosure shall include a description of actions which the bidder or offeror has taken and proposes to take to avoid, mitigate, or neutralize the actual or potential conflict of interest. If the contract has been awarded and performance of the contract has begun, the Contractor shall continue performance until notified by the Procurement Officer of any contrary action to be taken. 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: (Signature of Authorized Representative and Affiant) Printed Name: Title: Federal Employer Identification Number (FEIN): 24
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