Sale of Apple Devices

WCPS Bid 2026-63
Attachment B Sale of Apple Devices
WASHINGTON COUNTY PUBLIC SCHOOLS
10435 Downsville Pike, Hagerstown, Maryland 21740
MANDATORY BID/PROPOSAL AFFIDAVIT
COMAR 21.05.08.07
Bidder shall complete and submit this bid/proposal affidavit to the Supervisor of Purchasing, Washington
County Public Schools with the bid or offer.
A. AUTHORITY
I HEREBY AFFIRM THAT:
I (print name) possess the legal authority to make this Affidavit.
B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION
The undersigned bidder hereby certifies and agrees that the following information is correct: In
preparing its bid on this project, the bidder has considered all proposals submitted from qualified,
potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in 19-103
of the State Finance and Procurement Article of the Annotated Code of Maryland. "Discrimination"
means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or
commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color,
religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic
information or an individual's refusal to submit to a genetic test or make available the results of a
genetic test, or disability, or any otherwise unlawful use of characteristics regarding the vendor's,
supplier's or commercial customer's employees or owners. "Discrimination" also includes retaliating
against any person or other entity for reporting any incident of "discrimination". Without limiting any
other provision of the solicitation on this project, it is understood that, if the certification is false, such
false certification constitutes grounds for the State to reject the bid submitted by the bidder on this
project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder
herewith submits a list of all instances within the past 4 years where there has been a final adjudicated
determination in a legal or administrative proceeding in the State of Maryland that the bidder
discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of
the status or resolution of that determination, including any remedial action taken. Bidder agrees to
comply in all respects with the State's Commercial Nondiscrimination Policy as described under
Title19 of the State Finance and Procurement Article of the Annotated Code of Maryland.
B-1. Certification Regarding Minority Business Enterprises.
The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority
Business Enterprise Law, State Finance and Procurement Article, 14-308 (a)(2), Annotated Code of
Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a
certified minority business enterprise in a bid or proposal and:
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Attachment B Sale of Apple Devices
(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business
enterprise to identify the certified minority proposal;
(2) Fail to notify the certified minority business enterprise before execution of the contract of its
inclusion in the bid or proposal;
(3) Fail to use the certified minority business enterprise in the performance of the contract; or
(4) Pay the certified minority business enterprise solely for the use of its name in the bid or proposal.
Without limiting any other provision of the solicitation on this project, it is understood that if the certification
is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on
this project, and terminate any contract awarded based on the bid.
B-2. Certification Regarding Veteran-Owned Small Business Enterprises.
The undersigned bidder hereby certifies and agrees that it has fully complied with the State veteran-owned
small business enterprise law, State Finance and Procurement Article, 14-605, Annotated Code of Maryland,
which provides that a person may not:
(1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another
person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or
funds expended under a procurement contract to which the person is not entitled under this title;
(2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran-owned
small business enterprise in order to obtain or retain a bid preference or a procurement contract;
(3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that
is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed
with the knowledge or consent of the person authorized or required to present the declaration,
statement, or document;
(4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation
of a declaration, statement, or other document that is fraudulent or false as to any material
matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of
the person authorized or required to present the declaration, statement, or document;
(5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by
COMAR 21.11.12; or
(6) Establish, knowingly aid in the establishment of, or exercise control over a business found to
have violated a provision of B-2(1)-(5) above.
C. AFFIRMATION REGARDING BRIBERY CONVICTIONS
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section
16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its
officers, directors, partners, controlling stockholders, or any of its employees directly involved in the
business's
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Attachment B Sale of Apple Devices
contracting activities including obtaining or performing contracts with public bodies has been convicted of, or
has had probation before judgment imposed pursuant to Criminal Procedure Article,
6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of bribery, attempted
bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law,
except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or
imposition of probation before judgment with the date, court, official or administrative body, the sentence or
disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the
business):
__________________________________________________________________________________
__________________________________________________________________________________
D.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, controlling stockholders, or any of its employees directly involved in the business's
contracting activities including obtaining or performing contracts with public bodies, has:
(1) Been convicted under state or federal statute of:
a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private
contract; or
b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen
property;
(2) Been convicted of any criminal violation of a state or federal antitrust statute;
(3) 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 in connection with the submission of bids or proposals for a public
or private contract;
(4) Been convicted of a violation of the State Minority Business Enterprise Law, 14-308 of the State
Finance and Procurement Article of the Annotated Code of Maryland;
(5) Been convicted of a violation of 11-205.1 of the State Finance and Procurement Article of the
Annotated Code of Maryland;
(6) 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 subsections (1)-(5) above;
(7) 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; or
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Attachment B Sale of Apple Devices
(8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination
Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of
Maryland with regard to a public or private contract; or
(9) Been convicted of a violation of one or more of the following provisions of the Internal
Revenue Code:
a) 7201, Attempt to Evade or Defeat Tax;
b) 7203, Willful Failure to File Return, Supply Information, or Pay Tax
c) 7205, Fraudulent Withholding Exemption Certificate or Failure to Supply Information
d) 7206, Fraud and False Statements, or
e) 7207, Fraudulent Returns, Statements, or Other Documents;
(10) Been convicted of a violation of 18 U.S.C. 286 Conspiracy to Defraud the Government with Respect
to Claims, 18 U.S.C. 287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C. 371, Conspiracy to
Defraud the United States;
(11) Been convicted of a violation of the Tax-General Article, Title 13, Subtitle 7 or Subtitle 10, Annotated
Code of Maryland;
(12) Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the
State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if:
a)A court: (i) made the finding; and (ii) decision became final; or
b)The finding was: (i) made in a contested case under the Maryland Administrative
Procedure Act; and (ii) not overturned on judicial review;
(13) Been found to have willfully or knowingly violated State Living Wage Laws as provided in the State
Finance and Procurement Article, Title 18, Annotated Code of Maryland if:
a) A court: (i) made the finding; and (ii) decision became final; or
b) The finding was: (i) made in a contested case under Maryland Administrative Procedure Act;
and (ii) not overturned on judicial review;
(14) Been found to have willfully or knowingly violated the Labor and Employment Article, Title 3,
Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if:
a) court: (i) made the finding; and (ii) decision became final; or
b) The finding was: (i) made in a contested case under the Maryland Administrative Procedure
Act; and (ii) not overturned on judicial review; or
(15) Admitted in writing or under oath, during the course of an official investigation or other proceedings,
acts or omissions that would constitute grounds for conviction or liability under any law or statute
described in B and C and subsections D (1)- (14) above, except as follows (indicate reasons why the
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Attachment B Sale of Apple Devices
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):
______________________________________________________________________________________
______________________________________________________________________________________
E.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, controlling stockholders, or any of its employees directly involved in the business's
contracting activities, including obtaining or performing contracts with public bodies, has ever been suspended
or debarred (including being issued a limited denial of participation) by any public entity, except as follows
(list each debarment or suspension providing the dates of the suspension or debarment, the name of the public
entity and the status of the proceedings, the name(s) of the 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).
_____________________________________________________________________________________________
_____________________________________________________________________________________________
F.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 16-101, et seq., of the State Finance and
Procurement Article of the Annotated Code of Maryland; and
(2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business,
except as follows (you must indicate the reasons why the affirmations cannot be given without
qualification):
_____________________________________________________________________________________________
_____________________________________________________________________________________________
G. 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
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Attachment B Sale of Apple Devices
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.
H.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.
I.CERTIFICATION OF TAX PAYMENT
I FURTHER AFFIRM THAT:
Except as validly contested, the business has paid, or has arranged payment of, all taxes due the State of
Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State
Department of Assessments and Taxation, and the Department of Labor, as applicable, and will have paid all
withholding taxes due the State of Maryland prior to final settlement.
J. 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, bona fide agent, bona fide salesperson, or commercial selling agency 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, bona fide agent, bona fide
salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the
Contract.
K.CERTIFICATION REGARDING INVESTMENTS IN IRAN
(1) The undersigned certifies that, in accordance with State Finance and Procurement Article, 17-705,
Annotated Code of Maryland:
a) It is not identified on the list created by the Board of Public Works as a person engaging in
investment activities in Iran as described in State Finance and Procurement Article, 17-702,
Annotated Code of Maryland; and
b) It is not engaging in investment activities in Iran as described in State Finance and Procurement
Article, 17-702, Annotated Code of Maryland.
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Attachment B Sale of Apple Devices
(2) The undersigned is unable to make the above certification regarding its investment activities in Iran
due to the following activities:
______________________________________________________________________________
L.CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR
SUPPLIES AND SERVICES CONTRACTS)
I FURTHER AFFIRM THAT:
The business has complied with the provisions of State Finance and Procurement Article, 14-413, Annotated
Code of Maryland governing proper disclosure of certain information regarding conflict minerals originating
in the Democratic Republic of Congo or its neighboring countries as required by federal law.
M.I FURTHER AFFIRM THAT:
Any claims of environmental attributes made relating to a product or service included in the bid or proposal are
consistent with the Federal Trade Commission's Guides for the Use of Environmental Marketing Claims as
provided in 16 CFR 260, that apply to claims about the environmental attributes of a product, package, or
service in connection with the marketing, offering for sale, or sale of such item or service.
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:
(Print name of Authorized Representative and Affiant)
(Signature of Authorized Representative and Affiant)
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