BC-21506-B, Solar Installation – Phase 1 (25-129)

REQUEST FOR PROPOSAL

FOR

25-129 Solar Installation - Phase 1

RFP NUMBER: BC-21506-B

ISSUED: April 7, 2026

Prospective bidders/offerors are encouraged to regularly visit the University's Department of Procurement & Strategic Sourcing website, e-Maryland Marketplace Advantage (eMMA) to ensure receipt of any addenda and other updates related to this solicitation. The links to these resources are provided below:

UMBC Bid Board -

eMaryland Marketplace Advantage (eMMA) -

ISSUING OFFICE

Department of Procurement & Strategic Sourcing

University of Maryland, Baltimore County

Administration Building, 7th Floor

1000 Hilltop Circle

Baltimore, MD 21250

MINORITY, WOMEN AND SMALL BUSINESSES ARE ENCOURGAGED TO RESPOND TO THIS SOLICITATION

Key Information Sheet & Solicitation Schedule

The University is committed to ensuring that persons with disabilities have equally effective opportunities to participate in and benefit from the University's programs and services. Persons who may require reasonable ADA accommodations should email the Issuing Office at at least five (5) days prior to any meeting scheduled in connection with this solicitation.

NOTICE TO BIDDER/OFFERORS

To help improve the quality of bid and proposal solicitations and to make our procurement process more responsive and "business friendly," we ask that you provide comments and suggestions regarding the enclosed solicitation. Please return your comments with your bid, proposal or "no bid," response, as the case may be. Thank you for your assistance.

Project No.: BC-21506-B__

Project Title: 25-129 Solar Installation - Phase 1

If you have responded with a "no bid" please indicate the reasons below (check applicable boxes):

Explanation:

If you have submitted a bid or proposal, but wish to offer suggestions or express concerns, please use the remarks section below:

Remarks:

Bidder/Offeror Name: Contact Person: Signature: Date: Address:

Email: Phone:

TABLE OF CONTENTS

SECTION I. SPECIFICATIONS/SCOPE OF WORK............................................................7

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ADDENDA ACKNOWLEDGMENT FORM 16

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PRESS RELEASES 23

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EXHIBITS

Exhibit A PreBid/-Proposal Conference and Site Visit Response Form .................................25

Exhibit B Offeror Information Sheet ..........................................................................26

Exhibit C Proposal Price Instructions & Sample Form .....................................................27

Exhibit D MBE Affidavits and Forms .........................................................................31

D-1A MBE Utilization and Fair Solicitation Affidavit & MBE Participation

Schedule (must be submitted with Bid/Proposal)

D-1B Waiver Guidance

D-1C Good Faith Efforts Documentation to Support Waiver Request

D-1D MBE Subcontractor Unavailability Certificate

D-2 Outreach Efforts Compliance Statement

D-3A MBE Subcontractor Project Participation Certification

D-3B MBE Prime Project Participation Certification

D-4A Prime Contractor Paid/Unpaid MBE Invoice Report

D-4B MBE Prime Contractor Report

D-5 Subcontractor Paid/Unpaid MBE Invoice Report

Exhibit E Proposal Affidavit .....................................................................................55

Exhibit F Firm Profile & Experience ............................................................................61

Exhibit G Reference Checks ......................................................................................62

Exhibit H Key Personnel...........................................................................................64

Exhibit I Financial Stability of Bidder/Offeror ................................................................65

Exhibit J Acknowledgement of Receipt of Addenda .........................................................66

Exhibit K Conflict of Interest Affidavit & Disclosure Form.................................................67

Exhibit L UMBC Sample Contract .............................................................................68

Exhibit M Prime Contractor List of all Subcontractors ......................................................80

Exhibit N Non-Disclosure Agreement..........................................................................81

Exhibit O Performance Bond....................................................................................85

Exhibit P Solar Installation Study..............................................................................88

SECTION I. SPECIFICATIONS/SCOPE OF WORK

BACKGROUND

The University of Maryland, Baltimore County (UMBC), established in 1966, sits on approximately 482 acres of land. In line with the University System of Maryland (USM) and State of Maryland climate goals, the University is seeking a third party to execute a Power Purchase Agreement (PPA) to design, install, own, operate, maintain and finance solar photovoltaic systems, from which the University will purchase the power generated at a fixed rate for a period of 25 years.

DEFINITIONS

COMAR: The Code of Maryland Regulations that is maintained by the Division of State Documents

Vendor: Same as Solar Provider

Facility: Any building or parking lot as indicated within this document

Photovoltaic Solar System: A system of solar panels and associated equipment that is used for converting sunlight to usable electricity. The output shall be AC at all facility interfaces; all claims for production of electricity shall be assumed to be AC current.

PJM: The Independent System Operator (ISO) of the local Electric Transmission Grid.

PSC - The State of Maryland Public Services Commission

Renewable Energy Certificate (REC): The renewable attributes of one Megawatt hour (MWh) of electricity generated using clean energy resources.

Solar Provider (Solar PV Provider, PV Owner, Offeror): A private organization that finances, designs, installs, owns and operates on the UMBC campus dedicating the sole use of that electricity produced for the benefit of the University.

University: The University of Maryland, Baltimore County (UMBC)

MINIMUM QUALIFICATIONS

The Offeror shall have at least 10 years' experience providing the requested services and shall provide at least three (3) references from organizations of similar size and scope to the UMBC. These references should demonstrate the Offeror's experience and successful performance in providing comparable services. Each reference shall include the organization's name, a brief description of the services provided, the timeframe of the engagement, and contact information (including name, title, phone number, and email address) for the individual who can verify the services rendered.

The Offeror shall provide evidence of financial stability (e.g., audited financial statements or Dun & Bradstreet report) to ensure long-term viability.

The Offeror shall agree to comply with all applicable University System of Maryland and State of Maryland procurement policies, terms, and conditions.

UMBC reserves the right to verify all information provided, as well as to consult any other sources available including any person or persons associated with the references provided or the project cited as a reference. UMBC also reserves the right to request additional references or contact any known firm associated with the Offeror, as well as itself, even if not provided as a reference by the Offeror. References will be held in the strictest of confidence.

SCOPE OF WORK/SPECIFICATIONS

Planning and Design

A prior Solar Installation Study was completed in 2024-2025 to determine optimal sites for PV solar systems on campus (refer to Exhibit P). With this as a reference, provide a schematic design, 50% construction documents, and 100% construction documents submission for the University's review of the following sites from the study:

Warehouse Rooftop

900 Walker Avenue Rooftop

Chesapeake Employers Insurance Arena (CEIA) Rooftop

North Stadium Lot Option 1: Full Canopies as shown in the Solar Installation Study

Stripping

New parking lot lights

EV charging stations (not in scope)

Provide renderings of visual look of canopies

North Stadium Lot (Option 2): Partial Canopies approximately 100 kW design generation

Stripping

New parking lot lights

EV charging stations (not in scope)

Provide renderings of visual look of canopies

Please note that the Solar Installation Study Documents are for reference only and do not constitute formal design documents. All vendors shall develop their own design documents and note any significant deviations from the Solar Installation Study in their proposals.

The submission shall include the following:

Sizing and load analysis, including connections to the University power distribution system. Conduct appropriate diligence to execute the project and obtain necessary interconnection agreements with the applicable utilities. This also includes assisting UMBC with an Aggregate Energy Net Metering Agreement with BGE.

PV system calculations on estimated energy output.

PV system layout, including racking, module placement, conduit raceways, conduit sizes, module spacing, etc.

Equipment details and descriptions.

Verification by a Professional Engineer licensed by the State of Maryland that the systems will meet wind-load, seismic, and structural requirements. In the case of the CEIA, it also provides a rigging weight capacity before and after the solar installation. The CEIA is currently equipped with a rigging grid and life safety system, used primarily for hanging equipment for events.

Ballasted, roof-mounted PV systems designed without roof penetrations are the preferred mounting systems. No roof penetrations will be permitted unless approved by UMBC, and then, Solar Provider shall ensure that all mounting systems accommodate roof maintenance and re-roofing with minimal disturbance to the PV system, and minimal added cost for roof repairs due to the presence of the PV system.

Mounting details and the appropriate certifications.

Controls, monitors and instrumentation.

Net metering. Specify utility-grade revenue, electronic, bi-directional meters with a 0.5% or better accuracy. In addition to providing data to the Solar Provider, meters shall enable the University to independently collect and store meter data through the University's existing Power Monitoring Expert (PME) system.

Web-based monitoring software.

Comply with all applicable codes and standards with regard to a Solar PV installation.

Construction

Construction shall include the following:

UMBC is its own authority having jurisdiction (AHJ). For permits beyond UMBC's jurisdiction (e.g. MDE), obtain all permits required to complete the system, including payment of any permit fees. This includes the BGE Interconnection Agreement (IA). Vendor shall incur the IA Fee and assist UMBC with submitting an amendment to the IA. This also includes assisting the University Counsel with an Aggregate Energy Net Metering Agreement with BGE.

All materials shall be reviewed by the University through a submittal review process and installed under the supervision of personnel holding current NABCEP PV Installer certificates.

Retain only qualified roofers to perform necessary roof penetrations, and only in conformance with the existing roof warranties. Document prior condition of each roof with photographs taken before installation begins. Repair any disturbance to roofs to original condition, at Solar Provider's expense.

System Startup

Startup shall include the following:

Performance test reports that verify that the PV systems achieve the performance requirements of the contract. System output shall be recorded at the input and output of the inverters.

Fully executed IA and acceptance by BGE.

Structural inspection report by a Professional Engineer licensed by the State of Maryland, verifying that final installations meet wind, seismic, and structural requirements. In the case of the CEIA, also verifying the rigging weight capacity before and after the solar installation. The CEIA is currently equipped with a rigging grid and life safety system, used primarily for hanging equipment for events.

Employ or hire a competent electrical contractor licensed by the State of Maryland to perform all electrical installations and connections to the campus electrical distribution system.

Provide electrical inspection certificate by a University approved third party electrical inspector as required.

For each roof-mounted system where a roof warranty exists, a letter from the manufacturer's representative for the original roofing system, confirming that the existing roof warranty remains in full effect, and has not been compromised by the solar installation.

Orientation and procedures for emergencies and/or shut down conditions to the systems

Electronic copy of as-built drawings, O&M manuals, warranties, and safety procedures specific to the system at each site.

25-year roof penetration and building penetration warranty. Roof penetrations, if any, shall be completed in conformance with the existing roof warranties.

Start up the solar PV system until it achieves design delivery.

Successful registration for the renewable energy credits, as Tier 1 Solar RECs (SRECs) or highest achievable designation, with the Maryland PSC as well as the Interconnect Agreement and CPCN waiver.

Operation and Maintenance

Maintain the system for the stated service life to at least include any cleaning, upgrades, repairs, etc. to ensure continuous delivery of electricity.

Provide adequate and reliable net metering that is pre-approved by MD COMAR and the PSC for Utility Revenue Billing to facilitate the amount of electricity delivered and associated billing.

Provide two weeks' notice prior to scheduling any planned maintenance and repairs and outages.

Unit power output degradation shall not exceed 20% from the design production on an annual basis during the term of the contract.

Financing

Deliver electricity to the University under a long-term (25 years) PPA.

Provide PPA rates for each site. Provide rates with and without SRECs included as $/MWh.

Arrange and execute the full financing for the life of the project.

Within 90 days of contract execution, provide a letter of commitment from a financial group that will underwrite the project.

Include any federal, state, local and utility incentives into the PPA price structure of each site.

Identify incentives that will be pursued. It is the responsibility of the Offeror to meet incentive requirements, pursue, and secure such incentives, including meeting any "safe harboring" requirements. Failure of the Offeror to secure incentives quoted in the proposal will not result in changes to PPA rates.

UMBC will provide $600/kWDC up to $750,000 total as a one-time lump-sum payment at the initiation of work. The incentive will be split across projects as specified in Section II, to enable fair evaluation between Offerors. This funding is provided through the Maryland Energy Administration (MEA) FY2025 Higher Education Clean Energy Grant Pilot Program to support the project. This one-time payment should be included in the PPA price structure of each site.

Management or transfer of SRECs as requested by the University.

All the electricity provided by the solar arrays is to be provided to the University.

End of Service Life

The University shall reserve the right, at the end of the contract term, to one of the following:

Require the Vendor to decommission and remove the system from the buildings, parking garages and/or open sites.

Offer the System to the University at a fair market value as determined by an independent appraiser approved by both parties.

If the University elects to purchase the system(s), comprehensive re-commissioning of the system will be completed prior to the end of the PPA term, to assure the University that the system in a working condition, with a system performance efficiency of not less than 80% of design production (annual basis).

SECTION II. EVALUATION PROCEDURE

EVALUATION COMMITTEE

All technical proposals received by the closing deadline will be evaluated by a committee appointed by the Procurement Officer. The committee may request additional technical assistance from any source within the University System of Maryland, state government, or other sources deemed appropriate. Technical and price proposals will be evaluated independently.

QUALIFYING PROPOSALS

Proposals shall be initially reviewed for compliance with the solicitation requirements. Failure to comply with solicitation requirements may result in a proposal being classified as not reasonably susceptible to being selected for award. Minor irregularities in proposals that are immaterial or inconsequential in nature may be cured or waived whenever it is determined to be in the University's best interest.

TECHNICAL EVALUATION

After determining compliance with the RFP's minimum requirements, the evaluation committee will assess and rank technical merit of each proposal in accordance with the criteria below.

At the discretion of the Procurement Officer following recommendations by the evaluation committee, a shortlist of qualified proposals may be established during the technical evaluation. Only shortlisted offerors would continue in the evaluation process; offerors not short-listed shall be so advised.

FINANCIAL EVALUATION

Price proposals will be evaluated with Technical Proposals. Submit price proposals with technical proposals.

Proposers shall complete and submit a Price Proposal form for the separately metered solar sites over a 25-year delivery period.

The University will require separate PPA price proposals for each site (as shown on the Price Proposal form) with and without SRECs included, reflecting the Offeror's price for the transfer of SRECs in the electricity sale. SREC prices will be fixed for the term of the PPA. The University may choose to proceed with each site independently, with or without the inclusion of SREC. Any additional Environmental Attributes (other than SRECs), must be disclosed by the Offeror.

The Price Proposal Form consists of the following requested information:

Separate fixed rate PPA price proposals ($/kWh) shall be provided for each site:

Warehouse Rooftop

900 Walker Avenue Rooftop

Chesapeake Employers Insurance Arena (CEIA) Rooftop

North Stadium Lot Canopies (Option 1 and Option 2)

Each price proposal should include a fixed rate price with and without SRECs over the lifetime of the PPA, reflecting the Offeror's price for the transfer of SRECs to the University with the sale of electricity.

25-Year Fixed PPA Rate (without SRECs) ($/kWh)

25-Year Fixed PPA Rate (with SRECs) ($/kWh)

Power generation details as follows:

DC Power Capacity (kWDC)

AC Power Capacity (kWAC)

Minimum Output Performance Guarantee (kWh/yr): Each Proposer must state a quantity of expected electricity generation each year on their Cost Proposal Form. Each proposer must also guarantee a minimum output performance from the solar PV system over the course of each calendar year, which shall not be less than 90% of the expected output.

Other Cost Factors:

Offerors should take advantage of any other incentive programs (including Federal, State, Local, and utility programs) that can reduce the cost of the system and increase the competitiveness of the bid. The Offeror should identify incentives that will be pursued, but it is the responsibility of the Offeror to meet incentive requirements, pursue, and secure such incentives, including meeting any "safe harboring" requirements. Failure of the Offeror to secure incentives quoted in the proposal will not result in changes to PPA rates.

UMBC will provide $600/kWDC up to $750,000 total as a one-time lump-sum payment at the initiation of work. The incentive will be split across projects as follows, to enable fair evaluation between Offerors. Offerors are expected to include these payments in the PPA price structure of each site to increase the competitiveness of the bid:

Warehouse Rooftop: $150,000

900 Walker Avenue Rooftop: $100,000

Chesapeake Employers Insurance Arena (CEIA) Rooftop: $400,000

North Stadium Lot Canopies (Option 1 and Option 2): $100,000

DISCUSSIONS - BEST AND FINAL OFFERS

The Procurement Officer may invite one or more qualified offerors for oral presentations of their proposals. Discussions or negotiations may be conducted with qualified offerors. With or without discussions, UMBC may determine whether the Offeror to be not responsible or the Offeror's Proposal to be not reasonably susceptible of being selected for award at any time after the initial closing date for receipt of Proposals and prior to Contract award.

When in the best interest of the University, the Procurement Officer may request that qualified offerors revise their initial proposals by submitting best and final offers.

EVALUATION CRITERIA

Technical and financial merit shall be equally important.

The technical evaluation criteria are listed below in descending order of importance:

Offeror's Response to RFP Objectives and Requirements

Past Performance and References

Offeror's Capacity and Experience

Proposed Management and Project Personnel

Cost Proposal

Design and Construction Schedule (substantial completion must be reached by 8/4/27 and all invoices and closeout procedures complete by 10/29/27).

FINAL RANKING AND SELECTION

Following evaluation of the technical and price proposals, the evaluation committee will recommend to the Procurement Officer award to the responsible offeror whose proposal is determined to be the most advantageous to the University.

DEBRIEFING

Unsuccessful offerors may request a debriefing. If the offeror chooses to do so, the request shall be submitted in writing to the Procurement Officer within ten days after the offeror knew or should have known its proposal was unsuccessful. Debriefings shall be limited to discussion of the specific offeror's proposal only and shall not include a discussion of a competing offeror's proposal. Debriefings shall be conducted at the earliest feasible time.

SECTION III. INFORMATION REQUIRED IN ALL PROPOSALS

ORGANIZATION OF TECHNICAL PROPOSAL SUBMISSION

The technical proposal shall be submitted electronically no later than the date and time indicated on the Key Information Summary Sheet.

All other correspondence should be directed to the appropriate procurement representative per the instructions contained in this document. The solicitation name and number shall appear in subject line of email along with your company name.

Any attachment, or cumulative attachments, at or exceeding 150MB in size will not be accepted by the University email system. Zip files will also not be accepted by the University. Bidders are permitted to separate attachments into multiple but shall be clearly labeled.

If product literature and other publications are needed to supplement offeror's response, include a reference to the document name and page in text, and insert the product literature, etc. following the last section of the response.

EXECUTIVE SUMMARY/TRANSMITTAL LETTER

Each technical proposal shall be covered by an executive summary/transmittal letter, prepared on the offeror's business stationery, signed by an individual who is authorized to bind the firm to all statements, proposed services, and prices offered. Do not include price information in the transmittal letter.

TECHNICAL PROPOSAL

Ensure that it is page-numbered and prepared in a clear and concise manner that addresses each part of the RFP. Do not include price information in the technical proposal.

Organize the technical proposal in the same sequence as Section I of this RFP, and address each separate item herein, confirming compliance and describing in detail how offeror proposes to meet or exceed each requirement.

TECHNICAL PROPOSAL CONTENTS

Executive Summary/Transmittal Letter. A brief synopsis that demonstrates offeror's understanding of the University's requirements and highlighting offeror's proposed solution/approach to the project, tax identification number and a statement attesting to all terms and conditions or contract terms that Offeror is taking exception to.

Executive Summary shall also include a statement identifying those portions of the technical proposal considered confidential, or containing proprietary information or trade secrets as detailed in Section V.K.

Technical Proposal. Narrative discussing all objectives and requirements as outlined in Section I of this RFP. Organize the technical response in the same sequence as Section I of this RFP, and address each separate item herein, confirming compliance and describing in detail how offeror proposes to meet or exceed each requirement.

Key Personnel. Using Exhibit H, provide the names of key offeror personnel proposed for the University's project, if awarded, emphasizing specific experience on contracts similar in scope and volume to the requirements of this RFP. Note: offeror shall submit forms only for personnel reasonably expected to be committed to the University for the duration of the project.

Include, a minimum, information on the Key Personnel assigned to the University's contract.

Provide lists names and titles of team members who will be assigned to this Project including assigned project roles and tasks.

In addition to Key Personnel Forms, resumes shall also be submitted for all individuals identified in list.

Clearly define the division of responsibility among members of Offeror's team.

Indicate the number of years the firm has been in business doing the work relevant to the RFP.

Resumes should provide combined experience with designing, installing, and operating similar sized solar installations.

History of past projects that the key team members have successfully implemented within the last ten (10) years.

Subcontractors. List each subcontractor proposed for the University's contract, with a complete description of its role and involvement. Duplicate the "Company Profile" form as necessary for this response.

Offeror Experience on Similar or Relevant Projects. Complete the Firm Experience Form (Exhibit F), providing not less than three comparable projects previously undertaken by offeror. Identify the similarities and differences between projects recently completed and the proposed project. Documented success with designing and implementing complete boiler plant control systems. The University reserves the right to make such investigations, as it deems necessary to confirm the responsibility of offeror. In the absence of information clearly indicating that the offeror is responsible, the Procurement Officer shall decide of non-responsibility. Specific requirements include a brief description of at least two (2) completed and operational solar PV projects in the past ten years with at least one project a minimum of 500kW.

The description of past projects should include:

Project Name

Location

Customer/Project Owner's name, address, contact name and current telephone number (Note: All references provided will be contacted)

Proposal's project manager and/or field superintendent for the reference project

Contract method used (CM, GC, DB, Other)

Project installed capacity in kW; annual capacity factor for last three years (state by year of operation).

The proposal price and final construction cost.

Additional Documentation. Furnish any additional documents that may become part of the final agreement (e.g., Software License Agreements, General Terms & Conditions, etc.).

References. Furnish reference data for not less than three (3) comparable projects currently underway or completed, including the name and telephone number of the project manager and/or procurement officer for each. The University reserves the right to make such investigations as it deems necessary to confirm the responsibility of offeror.

The University reserves the right to request offeror to furnish its most recent annual financial statements or other financial report to confirm financial capacity and stability.

BID/PROPOSAL AFFIDAVIT

Complete the Bid/Proposal Affidavit (Exhibit E) and submit with the technical proposal.

MBE UTILIZATION AFFIDAVIT

The MBE Utilization Affidavit is included in this solicitation as Exhibit D. In addition to completing the MBE Utilization Affidavit, offerors are encouraged to: 1) Identify potential MBE(s), the scope of services to be performed by the MBE(s), and the percentage(s) of the total contract price to be paid for said scope of work; and 2) Include evidence of MBE certification for each MBE prime or MBE subcontractor are required of the successful offeror.

PERFORMANCE BOND

The successful offeror shall be required to submit a performance bond for the full amount of the first year's contract value, and renew the bond at the beginning of each contract year. The bond shall be in the form included as Exhibit O; information regarding other forms of security allowed under the USM Procurement Policies and Procedures will be provided upon request to the Procurement Officer.

ADDENDA ACKNOWLEDGMENT FORM

Should one or more addenda be issued to this RFP, offerors shall acknowledge receipt of each on the Addenda Acknowledgment Form (Exhibit J). Identify each addendum by number and date, sign the form.

CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

Complete the Conflict of Interest Affidavit and Disclosure (Exhibit K) and enclose with the technical proposal.

J. PRIME CONTRACTOR LIST OF CONTRACTORS

Complete (Exhibit M) and enclose with the technical proposal.

SECTION IV. INFORMATION FOR OFFERORS

ISSUING OFFICE AND PROCUREMENT OFFICER

The sole point of contact for purposes of this RFP is the Procurement Officer or his/her representative (hereinafter referred to as Procurement Officer) noted on the Key Information Summary Sheet. Only the information communicated by the Procurement Officer shall be deemed the official position of the University; no other State or University employee, official, or representative has authority to change the requirements of this solicitation. Attempts by offeror to contact members of the evaluation committee or otherwise circumvent this procedure in any manner may be grounds for disqualification.

MANDATORY PRE-PROPOSAL CONFERENCE AND SITE VISIT

A pre-proposal conference and site visit will be held as noted on the Key Information Summary Sheet. Offerors shall submit questions in writing to the Procurement Officer prior to the pre-proposal conference and site visit. These are mandatory for proposal acceptance by UMBC.

To ensure adequate seating, all potential offerors should confirm attendance by returning the Pre-Proposal Conference and Site Visit Response Form (Exhibit A), not less than 48 hours in advance of the conference

The University is committed to ensuring that persons with disabilities have equally effective opportunities to participate in and benefit from the University's programs and services. Persons who may require reasonable ADA accommodations should contact the Issuing Office at five (5) days prior to any meeting scheduled in connection with this solicitation.

QUESTIONS AND INQUIRIES

Offerors shall direct all communications regarding this solicitation to the Procurement Officer. Submit questions to the Procurement Officer, in writing (email preferred) not later than the date indicated on the Key Information Summary Sheet.

Addenda, if required, will be furnished to all potential offerors known to have received the RFP.

INSURANCE

The Offeror shall secure, pay the premiums for, and keep in force until the expirations of the contract, and any renewal thereof, adequate insurance as provided below, such insurance to specifically include liability assumed by the Bidder under the contract. Upon award, the successful Bidder shall furnish certificates of insurance.

Commercial General Liability Insurance including all extensions; $2,000,000 each occurrence; $2,000,000 personal injury; $2,000,000 products/completed operations; and $2,000,000 general aggregate.

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

If automotive equipment is used in the operation, automobile liability insurance of

$1,000,000 combined single limit, each accident.

Each policy for liability protection, bodily injury or property damage shall specifically name, on its face, University of Maryland, Baltimore County, as an additional named insured as respects operations under the contract and premises occupied by the Contractor provided, however, with respect to the Contractor's liability for bodily injury or property damage under items 1.a.-1.e. above, such insurance shall cover and not exclude Contractor's liability for injury to the property of the University and to the persons or property of employees, students, faculty members, agents, officers, regents, invitees or guests of the University.

Each insurance policy shall contain the following endorsements: "It is understood and agreed that the Insurance Company shall notify in writing procurement officer forty-five (45) days in advance of the effective date of any reduction in or cancellation of this policy." A certificate of each policy of insurance shall be furnished to the procurement officer. With the exception of Workmen's Compensation, upon the request of the procurement officer, a certified true copy of each policy of insurance, including the above endorsement, manually countersigned by an authorized representative of the insurance company, shall be furnished to the procurement officer. A certificate of insurance for Workmen's Compensation together with a properly executed endorsement for cancellation notice shall also be furnished. Following the notice of contract award, the requested certificates and policies shall be delivered as directed by the procurement officer. Notices of policy changes shall be furnished to the procurement officer.

All required insurance coverages shall be acquired from insurers authorized to do business in the State of Maryland and acceptable to the University. The insurers shall have a policyholders' rating of "A-" or better, and a financial size of "Class VII" or better in the latest edition of Best's Insurance Reports.

PROPOSAL DUE DATE

Proposals shall be received at the Issuing Office by the date and time indicated in the Key Information Summary Sheet. Requests for extensions will not be granted, nor will late proposals, late requests for modification, or late requests for withdrawal be considered.

Unless specifically requested, proposals submitted by fax will not be accepted.

DURATION OF PROPOSAL OFFER

Proposals submitted in response to this RFP are irrevocable for 120 days following the closing date for proposals or, if requested, the due date for best and final offers (BAFO). This period may be extended by mutual written agreement between the offeror and the University.

PROCUREMENT METHOD

This solicitation shall be conducted in accordance with the University System of Maryland (USM) Board of Regents Procurement Policies and Procedures. The procurement method is Competitive Sealed Proposals.

BASIS FOR AWARD

The University may classify a proposal as "not reasonably susceptible of being selected for award" if it is incomplete or does not meet minimum requirements.

The University may also determine that an offeror is non-responsible, i.e., does not have the capacity in all respects to perform the work required. Should a proposal be judged not reasonably susceptible of being selected for award, or an offeror found not responsible, the proposal will not be considered further; offeror will be notified accordingly.

Proposals will be evaluated by an evaluation committee. The committee will recommend award to the responsible offeror whose proposal is determined to be the most advantageous to the University, considering both technical factors and price.

Award pursuant to this solicitation is final only upon approval by the appropriate office of the University and/or the State of Maryland, and contract execution on behalf of the University.

ALTERNATE PROPOSALS

Neither multiple nor alternate proposals will be accepted.

MINORITY BUSINESS ENTERPRISE UTILIZATION

An MBE subcontract participation goal of 10% percent of the total contract dollar amount has been established for this procurement. By submitting a response to this solicitation, the bidder or offeror agrees that this percentage of the total dollar amount of the contract will be performed by certified minority business enterprises.

By submitting a response to this solicitation, the bidder or offeror agrees that these percentages of the total dollar amount of the contract will be performed by certified minority business enterprises as specified.

A prime contractor - including an MBE prime contractor - shall accomplish an amount of work not less than the MBE subcontract goal with certified MBE subcontractors.

A prime contractor comprising a joint venture that includes MBE partner(s) shall accomplish the MBE subcontract goal with certified MBE subcontractors.

If this solicitation includes an MBE Goal, the Contractor shall:

Submit a report to the MBE Liaison officer once per quarter identifying all non-MBE subcontractor payments, MBE subcontractor payments, and all outstanding invoices for subcontractors. This shall include Contractor's self-performing work if such work can be counted towards MBE participation goals.

Maintain such records as are necessary to confirm compliance with its MBE participation obligations. These records must indicate the identity of certified minority and non-minority subcontractors employed on the Contract, type of work performed by each, and actual dollar value of work performed. Subcontract agreements documenting the work performed by all MBE participants must be retained by the Contractor and furnished to the Procurement Officer on request.

A current directory of certified MBEs is available through the Maryland State Department of Transportation (MDOT), Office of Minority Business Enterprise. The directory is also available on the MDOT website at http://mbe.mdot.maryland.gov/directory/. Only MDOT-Certified MBEs may be used to meet the MBE subcontracting goals.

All documents completed and submitted by the Offeror in connection with its certified MBE participation commitment shall be considered a part of the Contract and are hereby expressly incorporated into the Contract by reference thereto.

When a certified MBE firm participates as a prime contractor on a Contract, a procurement agency may count the distinct, clearly-defined portion of the work of the Contract that the certified MBE firm performs with its own workforce toward fulfilling up to, but no more than, fifty-percent (50%) of the overall MBE participation goal.

LIQUIDATED DAMAGES PROVISION RELATED TO MBE GOAL

This contract requires the Contractor to make good faith efforts to comply with the Minority Business Enterprise ("MBE") Program and contract provisions. The University and the Contractor acknowledge and agree that the University will incur damages, including but not limited to, loss of goodwill, detrimental impact on economic development and diversion of internal staff resources if the Contractor does not make good faith efforts to comply with the requirements of the MBE Program and MBE contract provisions. The parties further acknowledge and agree that the damages the University might reasonably anticipate to accrue as a result of such lack of compliance are difficult to ascertain with precision.

Therefore, upon a determination by the University that the Contractor failed to make good faith efforts to comply with one or more of the specified MBE Program requirements or contract provisions, the Contractor agrees to pay liquidated damages to the University at the rates set forth below. The Contractor expressly agrees that the University may withhold payment on any invoices as a set-off against liquidated damages owed. The Contractor further agrees that for each specified violation, the agreed upon liquidated damages are reasonably proximate to the loss the University is anticipated to incur as a result of such violation.

Failure to submit each monthly payment report in full compliance with COMAR 21.11.03.13B (3): $24.93 per day until the monthly report is submitted as required.

Failure to include in its agreements with MBE subcontractors a provision requiring submission of payment reports in full compliance with COMAR 21.11.03.13B (4): $ 87.24 per MBE subcontractor.

Failure to comply with COMAR 21.11.03.12 in terminating, canceling, or changing the scope of work/value of a contract with an MBE subcontractor and/or amendment of the MBE participation schedule: the difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE firm for the contract.

Failure to meet the Contractor's total MBE participation goal and sub-goal commitments: the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation actually achieved.

Notwithstanding the use of liquidated damages, the University reserves the right to terminate the contract and exercise all other rights and remedies provided in the contract or by law.

SECTION V. GENERAL INFORMATION FOR OFFERORS

PURPOSE

The purpose of this solicitation is to provide information to offerors interested in preparing and submitting proposals to meet the requirements contained herein. Offerors shall familiarize themselves with each section and subsection of this document.

ADDENDA TO THE RFP

The University reserves the right to amend this solicitation at any time prior to the proposal due date. If it becomes necessary to amend any part of this solicitation, the Procurement Officer will furnish addenda to all prospective offerors known to the University to have received a copy of the RFP.

Each Offeror shall acknowledge the receipt of all addenda issued by completing Exhibit J, Acknowledgement of Receipt of Addenda, and enclosing it with the technical proposal.

PRE-PROPOSAL MODIFICATION OR WITHDRAWAL OF OFFERS

Proposals may be modified or withdrawn by written notice received at the Issuing Office at any time before the proposal due date and time.

CANCELLATION OF SOLICITATION/REJECTION OF ALL PROPOSALS

The University reserves the right to cancel this solicitation, to accept or reject any or all proposals, in whole or in part, received in response to this solicitation, and to waive or permit cure of minor irregularities as its best interests may require.

DISCUSSIONS

The University reserves the right to conduct discussions with all qualified or potentially qualified offerors, in any matter necessary to serve its best interests. The University also reserves the right to award a contract based upon written proposals received, without discussions or negotiations.

ORAL PRESENTATIONS

Offerors may be required to make oral presentations to University representatives. The Procurement Office will provide notice of the time and place for presentations.

INCURRED EXPENSES

The University assumes no responsibility for expenses incurred by offeror in preparing and submitting a proposal, making an oral presentation, or participating in discussions or any other activity in response to this RFP.

ARREARAGES

By submitting a response to this RFP, offeror represents 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 award.

VERIFICATION OF REGISTRATION AND TAX PAYMENT

Each prospective offeror is encouraged to ensure that it is appropriately registered to do business in the State of Maryland, and in good standing with respect to taxes, personal property returns, unemployment insurance, etc., before the closing date. Failure to complete registration with the State Department of Assessments and Taxation (SDAT) may disqualify an otherwise successful offeror from recommendation for contract award.

ECONOMY OF PREPARATION

Proposals should be prepared simply and economically, providing a straight-forward, concise description of the offeror's ability to fulfill the requirements of this solicitation.

PUBLIC INFORMATION ACT NOTICE

Offeror shall give specific attention to identification of those portions of its proposal considered confidential, or containing proprietary information or trade secrets. Upon request, offeror shall provide

justification why such material should not be disclosed by the University under the Public Information Act, Title 4, Subtitle 3 of the General Provisions Article, Annotated Code of Maryland.

EXECUTION OF PROPOSALS

Proposals shall be electronic as follows, depending on the offeror's form of business organization:

Sole Proprietorship. Proprietor shall sign full name, with address.

Partnership and Joint Venture. Submit the proposal in the name of the partnership or joint venture. Clearly state the partnership name and the identity of each general partner, and execute all affidavits and certificates on behalf of the partnership, or on behalf of each general partner. No provision of any agreement among partners will be binding on the University unless it is disclosed in the offeror's proposal. Reasonable evidence satisfactory to the University of the authority of one partner to bind other purported partners is required. It is recommended that the proposal contain a copy of the partnership agreement, if one exists. If no partnership agreement exists, and if the number of general partners is reasonably small, each general partner should execute all required documents included in the proposal. At the University's option, all general partners may be required to sign the proposal. Failure to present the University with satisfactory information concerning a purported partnership or joint venture may be grounds for finding a proposal unacceptable.

Corporation. An officer or authorized agent of the corporation shall sign with full name, indicate title, and include the name and address of the corporation.

In the case of an authorized agent, enclose a letter from an officer of the corporation authorizing said individual to act on behalf of the corporation.

DISCREPANCIES, EXPLANATIONS AND CLARIFICATIONS

Should offeror find discrepancies in the specifications or other provisions included in this solicitation, or be in doubt as to the meaning or intent of any section or subsection herein, offeror shall request clarification from the Procurement Officer. Failure to request clarification prior to the due date shall be a waiver of any claim by the offeror for expenses made necessary by reason of later interpretation of the contract documents, and offeror shall be bound to the University's interpretation. Request clarifications in accordance with the instructions provided in Section IV.C-Questions and Inquires.

ORDER OF PRECEDENCE

The contract to be entered into as a result of the RFP ("Contract") will consist of the following Contract Documents, listed in their order of precedence:

The contract is executed by the parties and issued by the University;

The solicitation included Exhibit L (Required Contract Provisions) and all other exhibits and;

Offeror's proposal.

No modifications to this order of precedence will be accepted.

REQUIRED CONTRACT PROVISIONS

By submitting a proposal, offeror is deemed to have accepted the terms of this RFP, including exhibits; a proposal that takes exception to the terms of the RFP may be rejected. Exceptions, if any, shall be clearly identified in the Transmittal Letter enclosed with the technical proposal. Mutually agreeable modifications of the solicitation provisions, if allowed by law, will be documented by express identification in the final contract as superseding the pertinent provisions of the solicitation.

OFFEROR RESPONSIBILITIES

The successful offeror shall be responsible for all products and services required by this RFP. Subcontractors, if any, shall be identified and a complete description of their role relative to the project shall be identified.

FALSE STATEMENTS

Offerors are advised that the Annotated Code of Maryland provides that in connection with a procurement contract, a person may not willfully: Falsify, conceal or suppress a material fact by any scheme or device; make a false or fraudulent statement or representation of a material fact; use a false writing or document that contains a false or fraudulent statement or entry of a material fact; or aid or conspire with another person to commit any of the aforementioned acts. A person who violates these provisions is guilty of a felony, and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five

(5) years, or both.

PAYMENT TO THE CONTRACTOR; TAXES

Payment is governed by Title 15, Subtitle 1 of the State Finance and Procurement Article, Annotated Code of Maryland. The State of Maryland is exempt from Maryland Retail Sales Tax and Federal Excise Tax.

PRESS RELEASES

The successful offeror shall issue no press release to any publication, including newspapers, with regard to work being conducted under this contract.

RECIPROCAL PREFERENCE

While Maryland law does not authorize state agencies to favor resident offerors, some other states grant preferences to their residents over Maryland businesses. Therefore, a resident business preference may be given to a Maryland firm if: A responsible offeror whose headquarters, principal base of operations, or principal site that will provide the services required by this RFP is located in another state submits the most advantageous offer; the other state gives a preference to its residents through law, policy, or practice; and the preference does not conflict with a Federal law or grant affecting the contract. The preference given shall be identical to the preference that the other state gives to its residents.

NON-VISUAL ACCESS

The Contractor shall ensure compliance in any applicable contract with State of Maryland IT Non-Visual Access Standards. The standards should be incorporated to the fullest extent possible for information technology contracts. These standards/policies may be revised from time to time and the Contractor shall comply with all such revisions. The Non-visual Access Clause noted in COMAR 21.05.08.05 and referenced in this RFP is the basis for the standards that have been incorporated in the Maryland regulations.

INTERGOVERNMENTAL COOPERATIVE PURCHASING

The University reserves the right to extend the terms, conditions, and prices of the contract awarded pursuant to this solicitation to other institutions of the University System of Maryland, and to other state educational institutions (e.g., St. Mary's College, Morgan State University, and Baltimore City Community College) and public agencies with similar requirements. Each such entity will issue its own purchasing documents; the University assumes no contractual obligations on behalf of other users of its contracts.

The forgoing applicability of terms, covenants, and conditions to future contracts is intended to provide consistency in contracts among contractors. It is not intended to preclude an institution from negotiating terms unique to its specific need or circumstances.

PARKING

All vehicles parked on University property shall strictly observe University parking regulations.

Parking on sidewalks or unpaved areas is prohibited at all times. All fines for parking or other vehicle violations are the responsibility of the Contractor. This applies to vendors, salespersons, company vehicles, and Contractor employees' personal vehicles. Permits are available for vendors with contracts that require them to park regularly on the campus; see the parking website at for permit information to support preparation of Bid/Price Proposal. Parking Transportation phone: 410-455-2251. NOTE: Include parking fees in Bid/Price Proposal.

SMOKING

Smoking, defined as the burning of tobacco or any other material in any type of smoking equipment, including but not restricted to cigarettes, cigars or pipes, is prohibited on all property owned, leased or operated by the University.

This consists of all buildings, including residence halls, leased restaurants and lodging facilities; all grounds, including exterior open spaces, parking lots and garages, on-campus sidewalks, streets, driveways, stadiums, recreational spaces and practice facilities; and in all University- owned or leased vehicles.

The policy applies to all individuals on the University campus, including faculty, staff, students, parents, vendors and visitors. Contractor and its employees and subcontractors who violate the policy may be denied access to the University campus.

INTENTIONALLY LEFT BLANK

Exhibit A: Pre-Bid/Proposal and/or Site Visit Conference Response Form

Solicitation Title: _________________________________________

Solicitation #: _____________________________________________

Bidder/Offeror Name: ____________________________________

See the Key Information Summary Sheet for the date and time for the Pre-Bid/Pre-Proposal Conference. Please return this form by the due date noted for the RSVP, advising whether or not your firm plans to attend. The completed form should be returned via e-mail to the Procurement Officer at the contact information below:

Rosetta Butler

University of Maryland, Baltimore County

Procurement and Strategic Sourcing

Rbutler2@umbc.edu

Please indicate:

___________Yes, the following representatives will be in attendance.

Attendees (Check the RFP for limits to the number of attendees allowed):

1.

2.

3.

__________No, we will not be in attendance.

Offeror: ______________________________________________________________________________

By: ___________________________________________________________________________________ (Signature)

Printed Name: ______________________________________________________________________

Title: ________________________________________________________________________________

Date: _________________________________

Exhibit B: Offeror Information Sheet

SUBMIT THIS FORM WITH PROPOSAL

Exhibit C: Proposal Price Instructions & Sample Form

In order to assist each Offeror in the preparation of its Proposal and to comply with the requirements of this solicitation, Proposal Instructions and a Proposal Form have been prepared. Each Offeror shall submit its Proposal on the Proposal Form in accordance with the instructions on the Proposal Form and as specified herein. Do not alter the Proposal Form or the Proposal may be determined to be not responsive. The Proposal Form is to be signed and dated, where requested, by an individual who is authorized to bind the Offeror to the prices entered on the Proposal Form.

All Unit and Extended Prices must be clearly entered in dollars and cents, e.g., $24.15. Make your decimal points clear and distinct.

All Unit Prices must be the actual price per unit UMBC will pay for the specific item or service identified in this RFP and may not be contingent on any other factor or condition in any manner.

All calculations shall be rounded to the nearest cent, e.g., .344 shall be .34 and .345 shall be .35.

Any goods or services required through this RFP and proposed by the vendor at No Cost to UMBC must be clearly entered in the Unit Price, if appropriate, and Extended Price with $0.00.

Every blank in every Proposal Form shall be filled in. Any changes or corrections made to the Proposal Form by the Offeror prior to submission shall be initialed and dated.

Except as instructed on the Proposal Form, nothing shall be entered on or attached to the Proposal Form that alters or proposes conditions or contingencies on the prices. Alterations and/or conditions may render the Proposal not responsive.

It is imperative that the prices included on the Proposal Form have been entered correctly and calculated accurately by the Offeror and that the respective total prices agree with the entries on the Proposal Form.

All Proposal prices entered below are to be fully loaded prices that include all costs/expenses associated with the provision of services as required by the RFP. The Proposal price shall include, but is not limited to, all: labor, profit/overhead, general operating, administrative, and all other expenses and costs necessary to perform the work set forth in the solicitation. No other amounts will be paid to the Contractor. If labor rates are requested, those amounts shall be fully-loaded rates; no overtime amounts will be paid.

Unless indicated elsewhere in the RFP, sample amounts used for calculations on the Proposal Form are typically estimates for evaluation purposes only. Unless stated otherwise in the RFP, UMBC does not guarantee a minimum or maximum number of units or usage in the performance of the Contract.

Failure to adhere to any of these instructions may result in the Proposal being determined not responsive.

COST CATEGORIES (REQUIRED)

Notes:

Pricing should reflect the full cost of ownership over the proposed contract term.

Clearly specify any optional modules or services, along with their pricing.

Indicate any available discounts for multi-year agreements or education/government pricing.

UMBC reserves the right to negotiate final pricing based on proposal evaluation.

We understand that by submitting a proposal we are agreeing to all of the terms and conditions included in the RFP documents, and that the Bid/Proposal Affidavit submitted as part of the original technical proposal remains in effect. The evaluation and subsequent final ranking of proposals will be in accordance the RFP documents. We understand that technical weighs greater than cost.

We further understand that this Price Proposal includes all costs associated with the provision of the Services per this RFP. We understand that the University reserves the right to award a contract (or contracts) for all items, or any parts thereof, as set forth in detail under the information furnished in the RFP document.

We further confirm that the key personnel named within our Technical Proposal will be assigned to the UMBC Contract for the duration of this contract. We understand that no changes in this assignment will be allowed without written authorization from the University prior to such changes being made.

SUBMIT THIS FORM WITH PROPOSAL

Exhibit D: MBE Affidavit and Forms

MBE Subcontractor Instructions

An overall MBE subcontractor participation goal as identified in the Key Information Summary Sheet has been established for this procurement, representing a percentage of the total Contract dollar value, including all renewal option terms, if any, has been established for this procurement.

Notwithstanding any subgoals established for this IFB/RFP, the Contractor is encouraged to use a diverse group of subcontractors and suppliers from any/all the various MBE classifications to meet the remainder of the overall MBE participation goal.

By submitting a response to this solicitation, the Bidder/Offeror acknowledges the overall MBE subcontractor participation goal and subgoals, and commits to achieving the overall goal and subgoals by utilizing certified minority business enterprises, or requests a full or partial waiver of the overall goal and subgoals.

A Bidder/Offeror that does not commit to meeting the entire MBE participation goal outlined in the IFB/RFP must select and request for waiver in the form D-1A Part 2 with its bid/proposal submission. Failure of a Bidder/Offeror to properly complete, sign, and submit Attachment D-1A at the time it submits its Bid/Proposal to the IFB/RFP may result in the State's rejection of the Bidder's Bid/Offeror's Proposal. FAILURE TO SUBMIT THE FORM D-1A IS NOT CURABLE. THE ENTIRE BID/PROPOSAL MAY BE REJECTED IF D-1A IS NOT CORRECTLY FILLED OUT.

Attachments

D-1 to D-5 - The following Minority Business Enterprise participation instructions, and forms are provided to assist Bidders/Offerors:

Attachment D-1A MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (must be submitted with Bid/Proposal)

Attachment D-1B Waiver Guidance

Attachment D-1C Good Faith Efforts Documentation to Support Waiver Request

Attachment D-2 Outreach Efforts Compliance Statement

Attachment D-3A MBE Subcontractor Project Participation Certification

Attachment D-3B MBE Prime Project Participation Certification

Attachment D-4A Prime Contractor Paid/Unpaid MBE Invoice Report

Attachment D-4B MBE Prime Contractor Report

Attachment D-5 Subcontractor Paid/Unpaid MBE Invoice Report

The Bidder/Offeror shall include with its Bid/Proposal a completed MBE Utilization and Fair Solicitation Affidavit (Attachment D-1A) whereby:

The Bidder/Offeror acknowledges the certified MBE participation goal and commits to make a good faith effort to achieve the goal and any applicable subgoals, or requests a waiver, and affirms that MBE subcontractors were treated fairly in the solicitation process; and

The Bidder/Offeror responds to the expected degree of MBE participation, as stated in the solicitation, by identifying the specific commitment of certified MBEs at the time of Bid/Proposal submission. The Bidder/Offeror shall specify the percentage of total contract value associated with each MBE subcontractor identified on the MBE participation schedule, including any work performed by the MBE prime (including a prime participating as a joint venture) to be counted towards meeting the MBE participation goals.

The Bidder/Offeror requesting a waiver should review Attachment D-1B (Waiver Guidance) and D-1C (Good Faith Efforts Documentation to Support Waiver Request) prior to submitting its request.

A Bidder/Offeror must properly complete and submit a separate Attachment D-1A, MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule, for EACH for which it is submitting a Bid/Proposal.

If the Bidder/Offeror fails to submit a completed Attachment D-1A with the Bid/Proposal as required, the Procurement Officer shall determine that the Bid/Proposal is not responsive, unless the inaccuracy is determined to be the result of a minor irregularity that is waived or cured in accordance with COMAR 21.06.02.04.

Bidders/Offerors are responsible for verifying that each MBE (including any MBE prime and MBE prime participating in a joint venture) selected to meet the goal and any subgoals and subsequently identified in Attachment D-1A is appropriately certified and has the correct NAICS codes allowing it to perform the committed work.

Within ten (10) Business Days from notification that it is the recommended awardee or from the date of the actual award, whichever is earlier, the Bidder/Offerors must provide the following documentation to the Procurement Officer:

Outreach Efforts Compliance Statement (Attachment D-2);

MBE Subcontractor/Prime Project Participation Certification (Attachment D-3A/3B); and

Any other documentation required by the Procurement Officer to ascertain Bidder/Offeror responsibility in connection with the certified MBE subcontractor participation goal or any applicable subgoals.

A recommended awardee that requested a waiver of the goal or any of the applicable subgoals (in whole or in part) will be responsible for submitting the Good Faith Efforts Documentation to Support Waiver Request (Attachment D-1C) and all documentation, within ten (10) Business Days from notification that it is the recommended awardee or from the date of the actual award, whichever is earlier, as required in COMAR 21.11.03.11.

If the recommended awardee fails to return each completed document within the required time, the Procurement Officer may determine that the recommended awardee is not responsible and, therefore, not eligible for Contract award. If the Contract has already been awarded, the award is voidable.

A current directory of certified MBEs is available through the Maryland State Department of Transportation (MDOT), Office of Minority Business Enterprise, 7201 Corporate Center Drive, Hanover, Maryland 21076. The phone numbers are (410) 865-1269, 1-800-544-6056, or TTY (410) 865-1342. The directory is also available on the MDOT website at . The most current and up-to-date information on MBEs is available via this website. Only MDOT-certified MBEs may be used to meet the MBE subcontracting goals.

All documents, including the MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (Attachment D-1A), completed and submitted by the Bidder/Offeror in connection with its certified MBE participation commitment shall be considered a part of the Contract and are hereby expressly incorporated into the Contract by reference thereto. All of the referenced documents will be considered a part of the Bid/Proposal for order of precedence purposes (see Exhibit 2 - Sample Contract).

As set forth in COMAR 21.11.03.12-1(D), when a certified MBE firm participates on a contract as a prime contractor (including a joint-venture where the MBE firm is a partner), a procurement agency may count the distinct, clearly defined portion of the work of the contract that the certified MBE firm performs with its own work force towards fulfilling up to fifty-percent (50%) of the MBE participation goal (overall) and up to one hundred percent (100%) of not more than one of the MBE participation subgoals, if any, established for the contract. g.

In order to receive credit for self-performance, an MBE prime must list in Section 4A of the MBE Participation Schedule (Attachment D-1A) and include information regarding the work it will self-perform. For the remaining portion of the overall goal and the subgoals, the MBE prime must also identify other certified MBE subcontractors [see Section 4B of the MBE Participation Schedule (Attachment D-1A)] used to meet those goals. If dually-certified, the MBE prime can be designated as only one of the MBE subgoal classifications but can self-perform up to 100% of the stated subgoal.

As set forth in COMAR 21.11.03.12-1, once the Contract work begins, the work performed by a certified MBE firm, including an MBE prime, can only be counted towards the MBE participation goal(s) if the MBE firm is performing a commercially useful function on the Contract. Refer to MBE forms (Attachment D) for additional information.

Minority Business Enterprise (MBE) Reports

If this solicitation includes an MBE Goal (see Key Information Summary Sheet), the Contractor shall:

Submit the following reports by the 10th of each month to the Contract Monitor and the MBE Liaison Officer:

A Prime Contractor Paid/Unpaid MBE Invoice Report (Attachment D-4A) listing any unpaid invoices, over 45 days old, received from any certified MBE subcontractor, the amount of each invoice and the reason payment has not been made; and