Res No 158-23-16091RESOLUTION NO. 158-23-16091
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH Ml~MI,
FLORIDA, APPROVING AN AGREEMENT WITH
COMPUQUIP TECHNOLOGIES, LLC FOR CHECK POINT
FIREWALL MAINTENANCE AND SUPPORT SERVICES
UTILIZING THE TERMS AND CONDITIONS OF THE
MARYLAND DEPARTMENT OF INFORMATION
TECHNOLOGY REQUEST FOR PROPOSALS (RFP)
NO. 060B2490022; AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE A CONTRACT
RELATING TO THE SAME IN AN AMOUNT NOT TO
EXCEED $48,524.64; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DA TE.
WHEREAS, the City of South Miami (the "City") currently utilizes Check Point firewall
appliances and requires maintenance and support services for the firewall system
(the "Services"); and
WHEREAS, Section 5(H) of Article III of the City Charter provides that the City may
make purchases through other governmental agencies that have followed similar bidding
procedures; and
WHEREAS, the Maryland Depm1ment of Information Technology ("Maryland") has
competitively procured the Services through Request for Proposals No. 060B2490022 and
awarded a contract (the "Maryland Contract") to Compuquip Technologies, LLC
(the "Contractor"); and
WHEREAS, City Staff recommends entering into an Agreement, in substantially the form
attached hereto as Exhibit "A" (the "Agreement"), with the Contractor for the Services in an
amount not to exceed $48,452.64 utilizing the tenns and conditions of the Maryland Contract and
consistent with the quote provided by the Contractor attached hereto as Exhibit "B"
(the "Quote"); and
WHEREAS, the City Commission desires to authorize the City Manager to negotiate and
execute the Agreement, in substantially the fonn attached hereto as Exhibit "A," with the
Contractor for the Services in an amount not to exceed $48,452.64 consistent with the terms and
conditions of the Maryland Contract and the Quote attached hereto as Exhibit "B"; and
WHEREAS, the cost of the Services will be charged to the Internet Maintenance Account
No. 00 l-1340-513-4634, which has a balance of $181,320 before this request was made; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
Puge 1 of2
Res. No. 158-23-1609 I
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are trne and correct and are incorporated
herein by this reference.
Section 2. Amu·oval. That the City Commission hereby approves the Agreement, in
substantially the form attached hereto as Exhibit "A," with the Contractor for the Se1vices. The
cost of the Services will be charged to the Internet Maintenance Account No. 001-1340-513-4634,
which has a balance of $181,320 before this request wa s made.
Section 3. Authorization. That the City Commission hereby authorizes the City
Manager to negotiate and execute the Agreement with the Contractor in substantially the form
attached hereto as Exhibit "A," consistent with the tem1s and conditions of the Maryland Contract
and the Quote attached hereto as Exhibit "B," subj ect to the approval as to fonn and legal
sufficiency by the City Manager and City Attorney, and confomation that the Maryland Contract
is still in effect.
Section 4. Implementation. That the City Manager is authorized to take any and all
actions necess ary to implement the Agreement and the purposes of this Resolution.
Section 5. Conections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 6.
adoption .
Effective Date. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this 5111 day of December, 2023.
ATTEST:
CITY~
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
W S 'SEROTA HE
&BIERMAN, P.L.
CITY ATTORNEY
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
Commissioner Liebman:
5-0
Yea
Yea
Yea
Yea
Commissioner Corey: Yea
Page 2 of2
Agenda Item No:1.
City Commission Agenda Item Report
Meeting Date: December 5, 2023
Submitted by: Steven Kulick
Submitting Department: Finance Department
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPROVING AN AGREEMENT WITH COMPUQUIP TECHNOLOGIES, LLC FOR CHECK POINT FIREWALL
MAINTENANCE AND SUPPORT SERVICES UTILIZING THE TERMS AND CONDITIONS OF THE MARYLAND
DEPARTMENT OF INFORMATION TECHNOLOGY REQUEST FOR PROPOSALS (RFP) NO. 060B2490022;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT RELATING TO THE
SAME IN AN AMOUNT NOT TO EXCEED $48,524.64; PROVIDING FOR IMPLEMENTATION,
CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-FINANCE DEPT.)
Suggested Action:
Attachments:
CM_Memo_Check_Point_Maintenance___Support_Renewal_11.9.23.docx
47Q939002-Resolution_Approving_Agreement_with_Compuquip_-_Check_Point_Firewall_Maintenance_and_Suppo
rt_Services.docx
Exhibit A - Cover Agreement - Compuquip - Firewall System Support and Maintenance.DOCX
Exhibit B - Quote 2023_11_09 City of South Miami - CP Renewal-Rev3.pdf
RFP Maryland Hardware2012RFP.pdf
State of Maryland Contract Summary 060B2490022.pdf
BPW Agenda Item 4_IT.pdf
2016_06_21 Compuquip Tech Contract.pdf
MasterContractors.xls.pdf
ATTACHMENT C - Contract Affidavit - 6.21.16 - signed.pdf
Award letter - Compuquip Technologies[4].doc
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias, City Manager
DATE:December 5, 2023
Subject:Check Point Firewall Maintenance and Support Renewal
RECOMMENDATION:Authorize the City Manager to renew the Check Point firewall maintenance
and support agreements for one year, through a piggyback onto a State of
Maryland contract with Compuquip Technologies, LLC, an authorized
reseller for Check Point, for an amount not to exceed $48,524.64
BACKGROUND:The City previously installed the Check Point firewall appliances which
were placed into service by the City’s IT provider, Miami-Dade County ITD.
Miami-County ITD has reviewed the Check Point maintenance and renewal
agreements and approved the City to proceed with the renewal. The
purchase will be made through a piggyback agreement from the State of
Maryland agreement “Hardware and Associated Equipment & Services
Contract No. 060B2490022, as the City’s sole source firewall appliance
from Compuquip Technologies, LLC is an authorized reseller for Check
Point. The contract expires on November 14, 2027.
ACCOUNT:The expenditure of $48,832.16 shall be charged to the Internet
Maintenance account number 001-1340-513-4634 which has a balance of
$181,320 before this request was made.
ATTACHMENTS:Resolution
Compuquip Quotation
State of Maryland RFP
Contract Summary 060B249022
State of Maryland Agenda Item
Master Contractors Listing
2
RESOLUTION NO. 158-23-16091
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH Ml~MI,
FLORIDA, APPROVING AN AGREEMENT WITH
COMPUQUIP TECHNOLOGIES, LLC FOR CHECK POINT
FIREWALL MAINTENANCE AND SUPPORT SERVICES
UTILIZING THE TERMS AND CONDITIONS OF THE
MARYLAND DEPARTMENT OF INFORMATION
TECHNOLOGY REQUEST FOR PROPOSALS (RFP)
NO. 060B2490022; AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE A CONTRACT
RELATING TO THE SAME IN AN AMOUNT NOT TO
EXCEED $48,524.64; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DA TE.
WHEREAS, the City of South Miami (the "City") currently utilizes Check Point firewall
appliances and requires maintenance and support services for the firewall system
(the "Services"); and
WHEREAS, Section 5(H) of Article III of the City Charter provides that the City may
make purchases through other governmental agencies that have followed similar bidding
procedures; and
WHEREAS, the Maryland Depm1ment of Information Technology ("Maryland") has
competitively procured the Services through Request for Proposals No. 060B2490022 and
awarded a contract (the "Maryland Contract") to Compuquip Technologies, LLC
(the "Contractor"); and
WHEREAS, City Staff recommends entering into an Agreement, in substantially the form
attached hereto as Exhibit "A" (the "Agreement"), with the Contractor for the Services in an
amount not to exceed $48,452.64 utilizing the tenns and conditions of the Maryland Contract and
consistent with the quote provided by the Contractor attached hereto as Exhibit "B"
(the "Quote"); and
WHEREAS, the City Commission desires to authorize the City Manager to negotiate and
execute the Agreement, in substantially the fonn attached hereto as Exhibit "A," with the
Contractor for the Services in an amount not to exceed $48,452.64 consistent with the terms and
conditions of the Maryland Contract and the Quote attached hereto as Exhibit "B"; and
WHEREAS, the cost of the Services will be charged to the Internet Maintenance Account
No. 00 l-1340-513-4634, which has a balance of $181,320 before this request was made; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
Puge 1 of2
Res. No. 158-23-16091
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Amn·oval. That the City Commission hereby approves the Agreement, in
substantially the form attached hereto as Exhibit "A," with the Contractor for the Services. The
cost of the Services will be charged to the Internet Maintenance Account No. 00 l-1 340-513-4634,
which has a balance of$ l 81,320 before this request was made.
Section 3. Authorization. That the City Commission hereby authorizes the City
Manager to negotiate and execute the Agreement with the Contractor in substantially the form
attached hereto as Exhibit "A," consistent with the tem1s and conditions of the Maryland Contract
and the Quote attached hereto as Exhibit "B," subject to the approval as to fonn and legal
sufficiency by the City Manager and City Attorney, and confomation that the Maryland Contract
is still in effect.
Section 4. Implementation. That the City Manager is authorized to take any and all
actions necess ary to implement the Agreement and the purposes of this Resolution.
Section 5. Corrections. Conforming language or teclmical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 6.
adoption.
Effective Date. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this 5111 day of December, 2023.
ATTEST:
CITY~
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
W S 'SEROTA HE
&BIERMAN, P.L.
CITY ATTORNEY
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Conunissioner Calle:
Commiss ioner Liebman:
5-0
Yea
Yea
Yea
Yea
Commissioner Corey: Yea
Page 2 of2
I
AGREEMENT BETWEEN
THE CITY OF SOUTH MIAMI
AND
COMPUQUIP TECHNOLOGIES, LLC
TffiS AGREEM ENT (this "Agreement") is made effective as of the ] 5th [ day of I December L 2023 (the "Effective Date"), by and between the CITY OF
SOUTH MIAMI, FLORIDA, a Florida municipal corporation (the "City"), and COMPUQUIP
TECHNOLOGIES, LLC, a Florida limited liability company (the "Contractor"). Collectively,
the City and the Contractor are referred to as the "Parties."
WHEREAS, the City currently utilizes Check Point firewall appliances and requires
maintenance and support services for the firewall system (the "Services"); and
WHEREAS, the Maryland Department of Information Technology ("Maryland") has
competitively procured the Services through Request for Proposals No. 06082490022 and
awarded a contract (the "Maryland Contract") to the Contractor, which contract is attached hereto
as Exhibit "A"; and
WHEREAS, the Contractor has provided the City with a quote, attached hereto as Exhibit
"B" (the "Quote"), for the Services based on the terms and conditions of the Maryland Contract in
an amount not to exceed $48,452.64; and
WHEREAS, the Parties wish to incorporate the terms and conditions of the Maryland
Contract attached hereto as Exhibit "A," except as otherwise modified or amended herein; and
WHEREAS, pursuant to Article III, Section 5 of the City Charter, the City may make
purchases through other governmental agencies that have followed similar bidding
procedures; and
WHEREAS, in accordance with Article III, Section 5 of the City Charter, the City wishes
to enter into this Agreement with the Contractor for the Services in an amount not to exceed
$48,452.64 for the period commencing November 24, 2023, through November 23, 2024, based
on the terms and conditions of the Maryland Contract attached hereto as Exhibit "A" and the
Contractor's Quote attached hereto as Exhibit "B."
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the City and the Contractor agree as follows:
1. Incorporation of Contract. The terms and conditions of the Maryland Contract attached
hereto as Exhibit "A" are incorporated as though fully set forth herein. Except as otherwise
specifically set forth or modified herein, all terms in the Maryland Contract are hereby ratified
and affirmed and shall remain unmodified and in full force and effect in accordance with its
terms.
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2. Conflicts; Order of Priority. This document without exhibits is referred to as the "Base
Agreement." In the event of a conflict between the terms of this Base Agreement and any
exhibits or attachments hereto, or any documents inco1-porated herein by reference, the conflict
shall be resolved in the following order of priorities and the more stringent criteria for
performance of the Services shall apply:
A. First Priority: This Base Agreement;
B. Second Priority: E-Verify Affidavit;
C. Third Priority: Exhibit "A": the Maryland Contract; and
D. Fourth P1·iority: Exhibit "B": the Contractor's Quote.
3. Defined Terms. All initial capitalized terms used in this Agreement shall have the same
meaning as set forth in the Maryland Contract unless otherwise provided in this Agreement.
All l'eferences to the "State of Ma1-yland'' or the "Maryland Department of Information
Technology" shall be replaced with the City of South Miami where applicable.
4. Counterparts. This Agreement may be executed in several counterpa11s, each of which shall
be deemed an original and such counterpa11s shall constitute one and the same instrument.
5. Compensation. Compensation fol' the Services provided by the Contractor shall be in an
amount not to exceed $48,452.64 for the period commencing November 24, 2023, through
November 23, 2024, in accordance with the rates of the Maryland Contract attached hereto as
Exhibit "A" and the Quote attached hereto as Exhibit "B."
6. Term. The term of this Agreement shall commence retroactively from November 24, 2023,
through November 23, 2024, thereafter, unless earlier terminated.
7. Amending Section 4 of the Maryland Contract. Section 4, "Consideration and Payment," of
the Maryland Contract is hereby deleted in its entirety and replaced as follows:
4.1 Contractor shall deliver an invoice to City no more often than once per month
detailing Services completed and the amount due to Contractor under this Agreement.
Fees shall be paid in arrears each month, pursuant to Contractor's invoice, which shall
be based upon the percentage of work completed for each task invoiced. The City
shall pay the Contractor in accordance with the Florida Prompt Payment Act after
approval and acceptance of the Services by the City Manager.
8. Amending Section 6 of the Maryland Contract. Section 6 of the Ma1-yland Contract is hereby
deleted in its entirety and replaced as follows:
6.1 Contractor shall indemnify and hold harmless the City, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities,
causes of action, judgment or damages, arising from Contrnctor's performance or
non-performance of any provision of this Agreement, including, but not limited to,
liabilities arising from contrncts between the Contractor and third parties made
Page2 of7
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pursuant to this Agreement. Contractor shall reimburse the City for all its expenses
including reasonable attorneys' fees and costs incurred in and about the defense of
any such claim or investigation and for any judgment or damages arising from
Contt·actor's performance or non-performance of this Agreement.
6.2 Nothing herein is intended to serve as a waiver of sovereign immunity by the
City nor shall anything included herein be construed as consent to be sued by third
parties in any matter arising out of this Agreement or any other contract. The City
is subject to section 768.28, Florida Statutes, as may be amended from time to time.
6.3 The provisions of this section shall survive termination of this Agreement.
9. Amending Section 18.2 of the Maryland Contract. Section 18.2, "Maryland Law Prevails,"
of the Maryland Contract is hereby deleted in its entirety and replaced as follows:
18.2 Governing Law and Venue. This Agreement is made under, and in all
respects, shall be interpreted, construed, enforced, and governed by and in
accordance with the laws of the State of Florida. Venue for any legal action
resulting from this Agreement shall lie solely in Miami-Dade County, Florida.
10. Amending Section 18.5 of the Maryland Contract. Section 18.5, "Contract Modifications,"
of the Maryland Contract is hereby deleted in its entirety and replaced as follows:
18.5 Entire Agreement/Modification/Amendment.
18.5.1 This writing contains the entire Agreement of the parties and supersedes
any prior oral or written representations. No representations were made or
relied upon by either party, other than those that are expressly set forth herein.
18.5.2 No agent, employee, or other representative of either party is empowered
to modify or amend the terms of this Agreement, unless executed with the same
formality as this document.
11. Amending Section 18.6 of the Maryland Contract. Section 18.6, "Termination for Default,"
of the Maryland Contract is hereby deleted in its entirety and replaced as follows:
18.6 Termination.
18.6.1 The City Manager, without cause, may terminate this Agreement upon five (5)
calendar days written notice to the Contractor, or immediately with cause.
18.6.2 Upon receipt of the City's written notice of termination, Contractor shall
immediately stop work on the project unless directed otherwise by the City Manager.
18.6.3 In the event of termination by the City, the Contractor shall be paid for all work
accepted by the City Manager up to the date of termination, provided that the Contractor
has first complied with the provisions of Section 18.6.4.
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Pagel of7
18.6.4 The Contractor shall transfer all books, records, reports, working drafts, documents,
maps, and data pe11aining to the Services and the project to the City, in a hard copy and
electronic format within fourteen (14) days from the date of the written notice of
termination or the date of expiration of this Agreement.
12. Amending Section 18.25 of the Maryland Contract. Section 18.25 of the Maryland Contract
is hereby deleted in its entirety and replaced as follows:
18.25. Ownership and Access to Records and Audits.
18.25.1 Contractor acknowledges that all inventions, innovations,
improvements, developments, methods, designs, analyses, drawings, reports,
compiled information, and all similar or related information (whether
patentable or not) which relate to Services to the City which are conceived,
developed or made by Contractor during the term of this Agreement ("Work
Product,,) belong to the City. Contractor shall promptly disclose such Work
Product to the City and perform all actions reasonably requested by the City
(whether during or after the term of this Agreement) to establish and confirm
such ownership (including, without limitation, assignments, powers of attorney
and other instruments).
18.25.2 Contractor agrees to keep and maintain public records in Contractor's
possession 01· control in connection with Contractor's performance under this
Agreement. The City Manager or her designee shall, during the term of this
Agreement and for a period of three (3) years from the date of termination of
this Agreement, have access to and the right to examine and audit any records
of the Contractor involving transactions related to this Agreement. Contractor
additionally agrees to comply specifically with the provisions of Section
119.0701, Florida Statutes. Contractor shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements
are not disclosed, except as authorized by law, for the duration of the
Agreement, and following completion of the Agreement until the records are
transferred to the City.
18.25.3 Upon request from the City's custodian of public records, Contractor
shall provide the City with a copy of the requested records or allow the records
to be inspected or copied within a reasonable time at a cost that does not exceed
the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by
law.
18.25.4 Unless otherwise provided by law, any and all records, including but
not limited to reports, surveys, and othe1· data and documents provided or
created in connection with this Agreement are and shall remain the property of
the City.
18.25.5 Upon completion of this Agreement or in the event of termination by
either party, any and all public records relating to the Agreement in the
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Page 4 of7
possession of the Contractor shall be delivered by the Contractor to the City
Manager, at no cost to the City, within seven (7) days. All such records stored
electronically by Contractor shall be delivered to the City in a format that is
compatible with the City's information technology systems. Once the public
records have been delivered upon completion or termination of this Agreement,
the Contractor shall destroy any and all duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements.
18.25.6 Any compensation due to Contractor shall be withheld until all records
are received as provided herein.
18.25.7 Contractor's failure or refusal to comply with the provisions of this
section shall result in the immediate termination of this Agreement by the City.
18.25.8 Notice Pursuant to Section 119.0701{2)(a), Florida
Statutes. IF THE CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS: Nkenga "Nikki" Payne, CMC, FCRM, City Clerk,
6130 Sunset Drive, First Floor, South Miami, FL 33143, 305-
663-6340, npayne@southmiamifl.gov .
13. Amending Various Sections of the Maryland Contract. Sections 8 , 16, 18.1, 18 .7, 18.9,
18 .12 , 18.14, 18.23, and 18.24 of the Maryland Contract is hereby deleted in its entirety.
14. Notices/Authorized Representatives. Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private postal
service, addressed to the parties (or their successors) at the addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
15. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
16. Independent Contractor. The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the City with respect to
all of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking , enterprise or venture between the parties.
17. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires all
contractors doing business with the City to register with and use the E-Verify system to verify
Page 5 of7
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the work authorization status of all newly hired employees. The City ·will not enter into a
contract unless each parly to the contract registers with and uses the E-Verify system. The
contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how
to provide proof of the contracting entity's participation/enrollment in E-Verify, please visit:
htt ps ://www .e -verify . gov /fag/ho w-do -i-prov id e-proof-o f-m y-part i c i pa tionen ro 11 ment-i n-e-
veri fy . By entering into this Agreement, the Contractor acknowledges that it has read Section
448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section
448.095 , Florida Statutes , including but not limited to obtaining E-Verify affidavits from
subcontractors; and has executed the required affidavit attached hereto and incorporated
herein.
[Remainder of page intentionally left blank. Signature pages follow.]
Page 6 of 7
6 or JS
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year as first stated above.
By:
Genaro "Chip"
City Manager
Atlest:
Approved as to Form and Legal Sufficiency :
City Allorney
Addresses for Notice:
City of South Miami
Alln : City Manager
6130 Sunset Drive, First Floor
South Miami , FL 33 I 4 3
305-668-2510 (telephone)
chip@southmiamifl .gov (email)
With a copy to:
Weiss Scrota Helfman Cole & Bierman, P.L.
Attn : City of South Miami Allorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
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COMPUOUIP TECHNOLOGIES, LLC
Name: Ivan Rezvoy
Title: _C_F_O ______________ _
Entity: Compuquip Technologies, LLC
dba Compuquip Cybers ecurity
Addresses for Notice:
Compuguip Technologies, LLC
Attn: Luis Suarez
9737 NW 41 st Street. Suite 786
Doral FL 33178
_,_78=6'---=-64_,_l'---=-54~3~7 ________ {telephone)
..,_78=6'---=-5 .,_,13,....-...,_46=3=3'--_______ { email)
With a copy to:
_____________ (telephone)
_____________ (email)
Page 7 of7
EXHIBIT "A"
MARYLAND DEPARTMENT OF INFORMATION TECHNOLOGY
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' I
DEPARTMENT OF INFORMATION TECHNOLOGY (DoIT)
Hardware and Associated Equipment and Se1vices
060B2490022-2015
THIS CONTRACT (the "Contract") is made this '2$"' day of :Jul~ , 20.!§by and between
Compuquip Technologies and, on behalf of the STATE OF MARYL D, the MARYLAND
DEPARTMENT OF INFORMATION TECHNOLOGY (DoIT).
IN CONSIDERATION oftl1e following, the parties agree as follows:
1. Definitions
In this Contract, the following words have the meanings indicated.
1.1. "COMAR" means the Code of Mary]and Regulations.
1.2. "Contract" meWis this contract for Hardware and Associated Equipment and Services and related
installation, training, and maintenance services. Except as otherwise provided, any reference to
the Contract shall be deemed to include reference to a Purchase Order (PO).
1.3. "Contract Manager" means the individual identified in Section 1.6 of the Request for Proposals
(RFP), or a successor designated by the Department.
1.4. "Contractor" means compuguip 'lechnologieo, LLC whose principal business address is:
2894 NW 79th ave., Doral FL 33122
1.5. "Department" means the Department ofJnformation Technology (DoIT).
1.6. "eMM" means eMaryland Marketplace.
1.7. "Financial Proposal" means the Contractor's financial proposal dated 02119/16.
1.8. "Hardware and Associated Equipment and Services" means those services described in Section 2
oftheRFP.
1.9. "Installation" means transferring manufachtrer's electronic media to compuler systems so that the
Hardware and Associated Equipment and Services will provide the features and functions
generatly described in the user documentation.
1.10. "Minority Business Enterprise" (MBE) means an entity meeting the definition at COMAR 21.0
1.02.01B(54), which is cerlified by the Mary]and Department of Transportation under COMAR
21.11.03.
1.11. "Procurement Officel'" means the person identified in Section 1.5 of the RFP or a successor
designated by the Deparhnent.
1.12. "Proposal" means, as appropriate, either or both the Contractor's Technical or Financial Proposal.
1.13. "Purchase Order'' or "PO" means the authorization for Contractor to proceed with delivery of
products and/or any services requested via a PORFP.
1.14. ''PORFP" means Purchase Ordor Request for Quotation.
1.15. "Requesting Agency" means the llnit of the State government issuing the PORFP.
1.16. "RFP" means the Request for Proposals for Hardware and Associated Equipment and Services
No. 060B2490022-2015 and any amendments thereto issued in writing by the State.
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1.17. "Sensitive Data" moans any personally identifiable information (Pll), protected health
infonnation (PHI) or other private/confidential data.
1.18. "Software" means the object code version of computer programs licensed pursuant to this
Contract. Embedded code, firmware, internal code, microcode, and any other term referring to
software that is necessary for proper operation is included in this definition of Software.
Software includes all prior, current, and future versions of the Software and all maintenance
updates and error corrections. "Software" also includes any upgrades, updates, bug fixes or
modified versions or backup copies of the Software licensed to the State by Contractor or an
authorized distributor.
1.19. "State" means the State of Maryland.
1.20. "Technical Proposal" means the Contractor's technical proposal dated ______ _
1.21. Capitalized tenns not defined herein shall be ascribed the meaning given to them in the RFP.
2. Scope of Contract
2.1. The Contractor shall provide Hardware and Associated Equipment and Services, installation
and/or training, and/or manufacturer's extended warranty, as d!-'scribed in a PORFP or PO, in the
following ftmctional area(s):
FA 3 -Network Communications Equipment
FA 4 -Installation & Training Services
2.2. These products and services shall be provided in accordance with the terms and conditions of this
Contract and the following Exhibits, which are attached and incorporated herein by reference. If
there are any inconsistencies between this Contract and the accompanying Exhibits, the terms of
this Contract shall control. If there is any conflict among the Exhibits, the following order of
precedence shall apply:
Exhibit A-The RFP
ExWbitB-The Contract Affidavit dated 06/21/2016
Exhibit C -The Technical Proposal.
Exhibit D -The Financial Proposal
2.3 A PORFP may specify terms in addition to the tenns specified herein, including warranties,
deliverables, and acceptance test requirements. PORFPs, POs and Reference BPOs may not limit
tho Slate's rights as provided by Jaw, in this Contract, or in the RFP and may not change the
tenns of, or conflict with, this Contract or any of its Exhibits.
3. Period of Perfo1•niance
3.1. The Contract shall be fora period of12 years beginning July S, 2016 and ending on November
14, 2028.
3.2. Audit, confidentiality, document retention, patents, copyright, intellectual property, warranty, and
indemnification obligations under this Contract and any other obligations specifically identified
shall survive expiration or termination of the Contract.
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4. Conslderatlon and Payment
4.1. In consideration of the satisfactory perfonnance of the Contract and any PORFP and/or PO, the
State will promptly process a proper invoice for payment in accordance with the terms of this
Contract.
4.2. The total payment for products and services provided under a fixed price PO or the fixed price
element of a combined fixed price-time and materials PO, shall be the finn fixed price
submitted by the Contractor in ill quotation or proposal submitted in response to a PORFP,
regardless of the actual cost to the Contractor.
4.3. POs that inchtde a time and materials element shall include a not-to-exceed (NTB) ceiling for
payments. For time and materials PO, or POs which include both f'1Xed price and time and
materials elements, total payments to the Contractor for the time and materials portion may not
exceed the identified PO NTH amount. The Contractor shall notify the Contract Manager, in
writing. at least 60 days before time and material obligations are expected to reach the PO NTB
Amount. The Contractor shall have no obligation to perfonn d1e time and materials requirements
under this Contract after payments reach the PO NTB Amount. The cessation of the Contractor•s
obligation to perfOIDl under this paragraph 4.3 is expICSSly conditioned on the following: that
prior to the PO NTH Amow1t being reached, the Contractor shall: (i) give the notice required
under this paragraph 4.3; (ii) promptly consult with the Requesting Agonoy and cooperate in good
faith with the Requesting Agency to establish a plan of action to assure that every reasonable
effort has been undortaken by the Contractor to complete critical work in progress prior to tho
date the PO NTB Amount will be reached; and (iii) secure databsses, systems, platfonns and/or
applications on which the Contractor is working so that no damage or vulnerabilities to any of the
same will exist due to any such unfinished work. Any work performed by the Contractor in
excess of PO NTB amount without the prior written approval of the Contract Manager is at the
Contractor's risk of non-payment.
4.4. Invoices shall be submitted as specified in a PORPP. Invoices that contain both fixed price and
time and material items must clearly identify the items as either fixed price or time and material
billing. Bach invoice must include the Contractor's Federal Tax Identification Number: 59-
2189948. The Contractor's eMM identification nwnbcr is 00029904. Payments to the Contractor
pursuant to this Contract shall be made no later than 30 days after the Requesting Agenoy•s
receipt of a proper invoice from the Contractor. Charges for late payment of invoices other than
as prescribed by Tide 151 Subtitle 1, of the State Finance and Procurement Article, Annotated
Code ofMaryland, as ftom time-to-time amended, are prohibited. The final payment under a
PORFP wiU not be made until after certification is received :from the Comptroller of the State that
all taxes have been paid.
4.5. In addition to any other available remedies, if, in the opinion of the Procurement Officer, the
Contractor fails to perfolDl in a satisfactory and timely manner, then Contractor wHl be notified
and provided a time specified by the State to cure the breach. If the breach is not cured within the
time specified within the notification, the Procurement Officer may refuso or limit approval of
any invoice for payment, and may cause payments to the Contractor to be reduced or withhold
until suoh time as the Contractor meets perfonnancc standards aa established by the Procurement
Officer.
4.6. PORFPs may specify periodic payments based on deliverables or stages of completion. A
PORFP may further specify that a portion of the payments due will be withheld until completion
of the PO. The amount withheld from each payment shall be paid to tho Contractor within Chirty
(30) days of the State•s acceplanco of all deliverables required under the PO and receipt ftom the
Contractor of a release in a foml prescribed by the State for any claims arising out of or re.lated to
thePORFP.
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4. 7. Payment of an invoice by the State is not evidence that services were rendered as required under
this Contract or nny applicable PORFP.
5. Patents, Copyrights, Intellectual Property
5.1. If the Contractor furnishes any design, device, material, process, or other item, which is covered
by a patent or copyright, or which is proprietary to or a trade secret of another, the Contractor
shall obtain the necessary pennission or license to pennit the State to use such item or items.
5.2. Except as provided in Section 5.4 of this Contract, the Contractor agrees that all documents and
materials, including but not limited to, reports, drawings, studies, specifications, estimates, tests,
maps, photographs, designs, software, graphics, mechanical, artwork, computations and data
prepared by or for the Contractor for purposes oftl1is Contract ("Work Product") shall become
and remain the sole and exclusive property of the Slate and shall be available to the State at any
time. The State sltall have the right to use the same without restriction and wiU1out compensation
to the Contractor otl1er than that spC<lifically provided by this Contract.
5.3. Except as provided in Section 5.4 of this Contract, the Contractor agrees that at all times during
the term of this Contract and thereafter, Work Product shall be "works made for hire" ns that term
is interpreted under U.S. copyright law and shall be owned by the State. Ownership includes the
right to copyright, patent, register, and the abilily lo transfer these rights and all infonnation used
to formulate such Work Product. In the event any Work Product is or may not be considered a
work made for hire under applicable law, Contractor assigns and transfers to the State the entire
right, title, and interest in and to all rights in the Work Product and any registrations and
copyright applications relating thereto and any renewals and extensions thereof. Contractor shall
execute all documents and perform such other proper acts as the State may deem necessary to
secure for it the rights pursuant to this section.
5.4. Notwithstanding anything lo the contrary in this Contract, to the extent (i) the Work Product
incorporates any commercial-off-the shelf software (COTS) and/or any Pre-Existing Intellectual
Property or (ii} any COTS and/or Pre-Existing Intellectual Property (otlter than a computer's
operating system, supported internet browser, browser accessibility software or hardware if
needed by the user, and software required to access a commonly-available data transmission tool
or export fonnat) is required to access, install, build, compile or otherwise use the Work Product
(such COTS and Pre-Existing Intellectual Property individually and collectively referred to herein
as "Third-party Intellectual Propel'ty ," which shall be the sole property of Contractor or ils third-
party licensors, as applicable), Contractor hereby grants to the State, on behalfofitselfand any
third-party licensors, a royalty-free, paid-up, non-exclusive, unrestricted, unconditional,
irrevocable, worldwide right and license, with the right to use, execute, reproduce, display,
perform, distribute copies ofiuternally, modify and prepare derivative works based upon, such
Third-party Intellectual Property as may be necessary for the State to use the Work Product for
the pmposcs for which such Work Product was designed and intended. "Pre-Existing Intellectual
Property" means any program, utility or tool owned by Contractor or its third-party licensors that
was created by Contractor or its third-party liccnsors independently from its perfonnancc of this
Contract and not solely using funds .from this Contract.
5.5. Subject to the tenns of Section 6, Contractor shall defend, indemnify, and hold hamiless the
State, including, but not limited to, the Department or Requesting Agency and its agents, officers,
and employees, from and against any and all claims, costs, losses, damages, liabilities, judgments
and expenses (including without limitation reasonable attorneys' fees) arising out of or in
connection with any claim the Work Product or any Third-party Intellectual Property infringes,
misappropriates or otheiwise violates any Third-party Intellectual Property rights. Contractor
shall not enter into nny settlement involving tWrd party claims that contains any admission of or
stipulation to any guilt, fault, liability or wrongdoing by the State or that adversely affects the
State's rights or interests, without the State's prior written consent, which consent may be
12ofl5
withheld in the State's sole and absolute discretion.
5.6. Except if Contractor has pre-existing knowledge of such infringement, Contractor's obligations
under this section will not apply to the extent any Third-party Intellectual Property infringes,
misappropriates or otherwise violates any third party intellectual rights as a result of
modifications made by the State in violation of the license granted to the State pul'SUant to Section
5.4; provided that such infringement, misappropriation or violation would not have occurred
absent such modification.
5.1. Without limiting Contractor's obligations under Section S.S. if all or any part of the Work
Product or any Third Party Jntellectual Property is held, or Contractor or the State reasonably
determines that it could be held, to infringe, misappropriate or otherwise violate any third party
intellectual property right, Contractor (after consultation with the State and at no cost to the
State): (a) shall procure for the State the right to continue using the item or service in accordance
with its rights under this Contract; (b) replace the item or service with an item that does not
infringe, misappropriate or otherwise violate any third party intellectual property rights and, in
the State's solo and absolute detennination, complies with the item's specifications as defined in
this Contract, and all rights ofuse and/or ownership set forlh in this Contract; or (c) modify the
item or service so that it no longer infringes, misappropriates or otherwise violates any third party
intellectual property right and, in the State's sole and absolute detennination, complies with the
item's specifications and all rights ofuso nnd/or ownership set forth h1 this Contract.
S.S. Except for any Pre-Bxisting Intellectual Property and Third-Party Intollectual Property,
Contractor shall not acquire any right, title, or interest (including any intellectual property rights
subsisting therein) in or to any goods, Software, technical infonnalion, specifications, drawh1gs,
records, documentation, data or any other materials (including any derivative works thereof)
provided by the State to tho Co11tractor. Notwithstanding anything to tho contrary herein, the State
may, in its sole and absolute discretion, grant the Contractor a license to such materials, subject to
the terms of a PORFP executed by the Contractor and an authorized representative of the State.
5.9. Without limiting the generality of the foregoing, neither Contractor nor any ofits subcontractors
shall use any Software or technology in a manner that will cause any pato11ta, copyrights, or other
intellectual property which are owned or controlled by the State or any of its affiliates (or for
which the State or any of its subcontractors has received license rights) to become subject to any
encumbrance or terms and conditions of any third-party or open source license (including,
without limitation, any open source license listed on
http://www.opensource.org/licenses/alphabetlcal) (each an "Open Source License"). These
restrictions, limitations, exclusions and conditions shall apply even if the State or any of its
subcontractors becomes aware of or fails to act in a manner to address any violation or failure to
comply therewith. No act by the State or any of its subcontractors that is undertaken under this
Contract as to any Software or technology shall be construed as intending to cause any patents,
copyrights or other intellectual property that are owned or controlled by the State ( or for which
the State has received license rights) to become subject to any encumbrance or tenns and
conditions of any Open Source License.
S.10. The Contractor shall report to the Department or Requesting Agency, promptly and in written
detail, each notice or claim of copyright infiingement received by the Contractor with respect to
all Work Product delivered under this Contract.
5.11. This Section 5 shall survive expiration or termination of this Contract.
6. Indcmnlficntion
6.1. In addition to Contractor's indemnification obligations described in Section 5, Contractor shall
indemnify, defend, and hold lhe State, its directors, officers, employees and agents harmless from
liability for the following conduct arising from or relating to the performance of the Contractol' or
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its subcontractors under this Contract: (a) tangible property damage, bodily injury and death, to
tho extent caused by or contributed to by Contractor or its subcontractors and (b) fraud or willful
misconduct of Contractor or its subcontractors. Such indemnification shall include all related
defense costs and expenses attributable to the claims of third parties, including, but not limited to,
reasonable attorneys' fees and costs of investigation, litigation, settlement, judgments, interest
and penalties.
6.2 Upon the State's request of indemnification under Section 5 or 6, Contractor shall be entitled to
control the defense or settlement of the relevant cloim with counsel reasonably satisfactory to the
State. The State will: (a) provide reasonable cooperation to Contractor in connection with the
defense or settlement of the claim, at Contractor's expense; and (b) be entitled to participate in
the defense of the claim, at its own expense.
6.3. The State has no obligation to provide legal counsel or defense to the Contractor or its
subcontractors in the event that a suit, claim or action of any character is brought by any person
not party to this Contract against the Contractor or its subcontractors as a result of or relating to
the Contractor's obligations under tl1is Contract.
6.4. The State has no obligation for the payment of any judgments or the settlement of any claims
against the Contractor or its subcontractors as a result of or relating to tho Contract01's obligations
under this Contract.
6.S. To the extent permitted by applicable law, the Contractor shall immediately notify the
Procurement Officer of any claim or suit made or filed against the Contractor or its
subcontractors regarding any matter resulting from or relating to tho Contractor's obligations
under the Contract, and will cooperate, assist, and consult with the State in tho defense or
investigation of any third party claim, suit, or action made or filed against the State as a result of
or relating to the Contractor's performance under this Contract.
6.6. This Section 6 shall suivive expiration or termination of this Contract.
7. Limitations of Liablllty
Contractor shall be liable for any loss or damage to the State occesioned by the acts or omissions
of Contractor, its subcontractors, agents or employees, including but not limited to personal
injury; physical loss; or violations of the Patents, Copyrights, Intellectual Property sections of this
Contract, as follows:
7 .1. For infringement of patents, trademarks, trade secrets and copyrights as provided in
Section 5 ("Patents, Copyrights, Intellectual Property") of this Contract;
7.2. Without limitation, for damages for bodily injury (including death) and damage to
real properly and tangible personal property; and
7.3. For all other claims, damages, loss, costs, expenses, suits, or actions in any way
related to this Contract where liability is not otherwise set forth as being "without
limitation," and regardless of1he basis on which the claim is made, Contractor's
liability shall not exceed one (I) time the total amount of the PORFP out ofwhich the
claim arises; provided however, the State may, in its sole discretion, decrease the
ceiling established hereunder in auy PORFP issued pursuant to this RFP. Third-party
claims arising under Section 6 ("Indemnification") of this Contract are included in
this limitation of liability only if the State is immune from liability. Contractor's
liability for third~party claims arising under Section 6 of this Contract shall be
unlimited if the State is not immune from liability for claims arising under Section 6.
7 .4. In no event shall the existence of a subcontract operate to release or reduce the
liability of Contractor hereunder. For purposes of this Contract, Contractor agrees
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that all Subcontractors shall be held to be agents of Contractor.
8. Prompt Pay Requirements
8.1. If the Contraotor withholds payment of an undisputed amount to its subcontractor, the State, at its
option and in its sole discretion, may take one or more of the following actions:
( a) Not process further payments to the Contractor until payment to the subcontractor is verified;
(b) Suspend all or some of the Contract work without affecting the completion date(s) for the
Contract work;
( c) Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise
due or that may become due to the Contractor;
(d) Place a payment for an undisputed amount in an intetest--bearing escrow account;
(e) Default Contractor for failing to perform in accordance with the rcql1irement to promptly pay
subcontractors; or
(f) Take other or further actions as appropriate to resolve tile withheld payment.
8.2. An ''undisputed amount'' means an amount owed by the Contractor to a subcontractor for which
there is no good faith dispute. Such "undisputed amounts" include (a) retainage which bad been
withheld and is, by the terms of the agreement between the Contractor and subcontractor, due to
be distributed to the subcontractor and (b) an amount withheld because of issues arising out of an
agreement or occurrence unrelated to the agreement \tnder which the amount is withheld.
8.3. An act, failure to act, or decision of a Procurement Officer or a representative of the Department
or Requesting Agency concerning a withl1eld payment between the Contractor and subcontractor
under this Contract, may not:
(a) Affect the rights of the contracting parties under any other provision oflaw;
(b) Be used as evidence on the merits of a dispute between the Department or Requesting Agency
and the Contractor in any other proceeding; or
(c) Result in liability against or prejudice the rights of the Department or Requesting Agency.
8.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.03.13
with respect to subcontractors that have contracted pursuant to the Minority Business Enterprise
program.
9. Rlslc of Loss; Transfer or Title
rusk ofloss for conforming supplies, equipment and materials specified as deliverables to the State
hereundel' shall remain with the Contractor until the supplies, equipment, materials and other
deliverables are received and accepted by the State. Title of all such deliverables passes to the State
upon acceptance by the State.
10. Sou1·ce Code Esc1·ow
Source Code Escrow is not required for this Contract.
11. Loss or Data
In the event of loss of any State data or records where such loss is due to the intentional act, omission,
or negligence of the Contractor or any of its subcontractors or agents, the Contractor shall be
responsible for recreating such lost data in the manner and on the schedule set by the Contl'ftct
Manager. The Contractor shall ensure that all data is backed up and is recoverable by the Contractor.
In accordance with prevailing federal 01· state law or regulations, the Contractor shall report the loss
15 oflS
of non-public data as directed in Section 16.17.
12, Markings
The Contractor shall not affix ( or pcnnit any third party to affix). without the Department or
Requesting Agency's consent. any resttictive markings upon any Work Product and if such markings
are affixed, the Department or Requesting Agency shall have the right al any time to modify, remove,
obliterate, or ignore such warnings.
13. Exclusive Use and Ownership
Contractor shall not use, sell, sub-lease, assign, give, or otherwise transfer to any third party any other
information or material provided to Contractor by the Department or Requesting Agency or
developed by Contractor relating to the Contract, except that Contractor may provide said information
to any of its officers, employees and subcontractors who Contractor requires to have said info11nation
for fulfillment of Contractor's obligations hereunder. Bach officer, employee and/or subcontractor to
whom any of the Department or Requesting Agency's confidential infonnation is to be disclosed shall
be advised by Contractor of and bound by the confidentiality and intellectual property tenns of this
Contract.
14, Notification of Legal Requests
The Contractor shall contact the State upon receipt of any electronic discovery, litigation holds,
discovery searches and expert testimonies related to the State's data under this Contract, or which in
any way might reasonably require access lo the data of the State, unless prohibited by law from
providing such notice. The Contractor shall not respond to subpoenas, service of process and other
legal requests related to the State without first notifying the State, unless prohibited by law from
providing such notice.
15, Effect of Contractol' Bankruptcy
All rights and licenses granted by the Contractor under this Contract are aiid shall be deemed to be
rights and licenses to "intellectual property," and Ibo subject matter of this Contract, including
services, is and shall be deemed to be "embodiments of intellectual property" for purposes of and as
such tcnns are used and interpreted under § 365(11) of the United States Bankruptcy Code ("Code")
(11 U.S.C. § 365(n) (2010)). The State has the right to exercise all rights and elections under the
Code and all other applicable bankruptcy, insolvency and similar laws with respect to this Contract
(including all executory statement of works). Without limiting tho generality of the foregoing, if the
Contractor or its estate becomes subject to any baukntptcy or similar proceeding: (a) subject to the
State's rights of election, all rights and licenses granted to the State under this Contract shall continue
subject to the respective tenns and conditions of this Contract; and (b) the State shall be entitled to a
complete duplicate of (or complete access to, as appropriate) all such intellectual properly and
embodiments of intellectual property, and the same, ifnol already in the State's possession, shall be
promptly delivered lo the State, unless the Contractor elects to and does in fact continue to perform
all of its obligations under this Contract.
16. Confidentiality
Subject to the Maryland Public Information Act and any other applicable laws, all confidential or
proprietacy infonnation and documentation relating to either pa~ (including without limitation, any
information or data stored within the Contractor's computer systems) shall be held in absolute
confidence by the od1er party. Each party shall, however, be permitted to disclose relevant
confidential information to its officers, agents and employees to the extent that such disclosure is
nccessacy for the perfonnance of their duties under this Contract, provided the data may be collected,
used, disclosed, stored and disseminated only as provided by and consistent with the law. The
16 of 35
provisions of this section shnll not npply to informntion that (a) is lawfully in the public domain; (b)
has been independently developed by the other pinly without violation of this Contract; (c) was
already in the possession of such pnrly; (d) was supplied to such pmty by a third party lawfully in
possession thereof and legally permitted lo further disclose the information; or ( e) which such party is
required to disclose by law. This Section shall survive expiration or termination of the Contract.
17. Parent Compnny Gunrnntcc (Ir A1>11llcnblc)
[Corporate uamc of Pnrent Compnny ) hereby guarantees absolutely the full, prompt and complete
performance by "[Contractor]" of nil the terms, conditions and obligations contained in this Contract,
as it may be amended from time to time, including any nnd all exhibits thnt are now or may become
i11c01poratcd hereunto, and other obligations of every nature and kind that now or may in the future
arise out of or in connection with this Contract, including any and all financial commitments,
obligations and liabilities. "[Corporate name of Parent Company]" may not transfer this absolute
guaranty to 1my other person or entity without the prior express written approval of the State, which
flJ)J>l'OVal tile State may grant, withhold, or qualify in its sole and absolute subjective discretion.
"l Corpornte nnmc of Pnrcnt Company]" further agrees that if the State brings any claim, action, suit
or proceeding agflinst "[Contrnctor]","L Col))orntc nnmc of Pnrcnt Compnny]" may be named as a
party, in its copncity as Absolute Guarantor.
18. Ge11ernl . Tcl'ms 11nd Conditions
Unless otherwise noted, the General Tenns and Conditions are mandato1y Contract Terms and cam1ot
and will not be revised.
18.1. Pl'e-Exlstlng Rcgul11tio11s
In accordance with the provisions of Section 11-206 of the State Finance and Procurement
Article, Annotated Code of Maryland, the regulations set forth in Title 21 of the Code of
Maryland Regulations (COMAR 21) in effect on the date of execution of this Contract arc
applicable lo this Contract.
18.2, Mnl'yhmd Law Prevails
This Contract sl:mll be construed, iuterprctcd, and enforced according to the laws of the State
of Maryland. The Marylimd Uniform Computer Information Transnctions Act (Commercial
Law Article, Title 22 of the Annotated Code of Maryland) does not apply to this Contract, the
Software, or any Software license acquired .hereunder. Auy and all references to the
Annotated Code of Maryland contained in this Contract shall be construed to refer to such
Code sections as from time to time amended.
18.3, Multl-ycnr Contmcts Contingent UJ>OII A1111roprlatlons
Ifthc Genernl Assembly fails to approprintc funds or if funds arc not otlierwise made
available for continued performance for any fiscal period of this Contract succeeding the first
fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal
year for which funds were not appropriated or otherwise made available; provided, however,
that this will not affect either the Slate's rights or the Contractor's rights under any
termination clause in this Contract. The effect of termination of the Contract hereunder will
be lo discharge both the Contractor and the State of Mmyland from future performance of the
Contract, but not from their rights and obligations existing at the time of termination. The
Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred
but not amortized in the price of the Contract. The Stale shall notify the Contractor as soon as
it has knowledge that funds may not be available for the continuation of this Contract for
each succeeding fiscal period beyond the first.
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18.4. Cost and Price Certification
The Contractor, by submitting cost or price infonnation certifies that, to the best of its
knowledge, the information submitted is accurate, complete, and current as of a mutually
determined specified date prior to Ibo conclusion of any price discussions or negotiations.
The price under this Contract (including any PO) and any change order or modification
hereunder, including profit or fee, shall be adjusted to exclude any significant price increases
occurring because the Contractor furnished cost or price infonnalion which, as of the date
agreed upon between the parties, was inaccurate, incomplete, or not current.
18.5. Contract Modifications
The Procurement Officer may, at any time, by written order, make changes in lhe work
within the general scope of the Contract or a PO. No olher order, statement or conduct of the
Procurement Officer or any other person shall be treated as a change or entille the Conlractor
to an equitable adjushnent under this section. Except as otherwise provided in this Contract,
if any change under this section causes an increase or decrease in the Contractor's cost of, or
the time required for, tile perfonnance of any part of the work, an equitable adjustment in the
Contract price shall be made and the Contract modified in writing accordingly. Pursuant to
COMAR 21.10.04, the Contractor must assert in writing its right to an adjustment under this
section and shall include a written statement setting forth the nature and cost of such claim.
No claim by the Contractor shall be allowed if asserted after final payment under this
Contract. Failure to agree to an adjustment under this section shall be a dispute under Section
18.8, Disputes. Nothing in this section shall excuse the Contractor from proceeding with the
Contract as changed.
18,6. Termination fo1· Default
If the Contractor fails to fulfill its obligations under this Contract properly and on time, or
otherwise violates any provision of the Contract, the State may tonninate the Contract by
wl'itten notice to the Contractor. The notice shall specify the acts or omissions relied upon as
cause for te1mination. All f'mishcd or unfinished work provided by the Contractor shall, at the
State's option, become the State's property. The State of Maryland shall pay the Contractor
fair and equitable compensation for satisfactory performance prior to receipt ofnotice of
te1mination, less the amount of damages caused by the Contractor's breach. If the damages
are more than the compensation payable to 1he Contractor, the Contractor will remain liable
after tennination and the State can affinnatively collect damages. Tennination hereunder,
including the termination of the rights and obligations of the parties, shall be governed by the
provisions of COMAR 21.07.01.l lB.
18.7. Termination for Convenience
The perfonnance of work wider this Contract may be terminated by the Slate in accordance
with this clause in whole, or from time to time in part, whenever the State shall determine that
such termination is in the best interest of the State. The State will pay all reasonable costs
associated with this Contract that the Contractor has incurred up to the date of termination,
and all reasonable costs associated with termination of the Contract. However, the Contractor
shall not be reimbursed for any anticipatory profits that have not been earned up to the date of
tennination. Termination hereu11dcr, including the determination of the rights and obligations
of the parties, shall be governed by the provisions of COMAR 21.07.01 .12A(2).
18.8. Disputes
This Contract shall be subject to the provisions of Title 15, Subtitle 2, of the State Finance
and Procurement Article of the Annotated Code of Maryland, as from time to time amended,
and COMAR 21.10 (Administrative and Civil Remedies). Pending resolution of a claim, the
Contractor shall proceed diligently with the perfonnance of the Contract in accordance with
the Procurement Officer's decision. Unless a lesser period is provided by applicable statute,
regulation, or the Contract, the Contractor must file a written notice of claim with tho
Procurement Officer within 30 days after the basis for die claim is known or should have
been known, whichever is earlier. Contemporaneously with or within 30 days of the filing of
a notice of claim, but no Inter than the date of final payment under the Contract, the
Contractor must submit to the Procurement Officer its written claim containing the
information specified in COMAR 21.10.04.02.
18.9. Living Wage
!fa Contractor subject to the Living Wage law fails lo submit all records required under
COMAR 21.11.10.05 to the Commissioner of Labor and Indus tty at the Deparhnent of Labor,
Licensing and Regulation, the Department or Requesting Agency may withhold payment of
any invoice or retainagc. The Department or Requesting Agency may require certification
from the Commissioner on a quarterly basis that such records were properly submitted.
18.10. Non-Hiring of Employees
No official or employee of the State of Maryland, as defined under General Provisions
At1icle, §5M101, Annotated Code of Maryland, whose duties as such official or employee
include matters relating to or affecting the subject matter of this Contract, shall during the
pendency and term of this Contract and while serving as an official or employee of the State
become or be an employee of the Contractor or any entity that is a subcontractor on this
Contract.
18.11. Nondiscrimination In Employment
The Contractor agrees: (a) not to discriminate in any manner against an employee or
applicant for employment because of race, color, religion, creed, age, sex, marital status,
national origin, sexual orientation, sexual identity, ancestry, or disability of a qualified person
with a disability, sexual orientation, or any otherwise unlawful use of characteristics; (b) to
include a provision similar to that contained in subsection (a), above, in any underlying
subcontract except a subcontract for standard commercial supplies or raw materials; and ( c}
to post and to cause subcontractors to post in conspicuous places available to employees and
applicants for employment, notices setting forth the substance of this clause.
18.12. Commercial Non-Discrimination
18.12.1. As a condition of entering into this Contract, Contractor represents and warrants that
it will comply with the State's Commercial Nondiscrimination Policy, as described
under Title 19 of the State Finance and Procurement Article of the Annotated Code
of Maryland. As part of such compliance, Contractor may not discriminate on the
basis of race, color, religion, ancestry, national origin, sex, age, marlin) status, sexual
orientation, sexual id!lntlty, disability, or other unlawful forms of discrimination in
the solicitation, selection, hiring, 01· commercial treatment of subcontractors, vendors,
suppliers, or commercial customers, nor shall Contractor retaliate against any person
for reporting instances of such discrimination. Contractor shall provide equal
opportunity for subcontractors, vendors, and suppliers to participate in all of its
public sector and private sector subcontracting and supply opportunities, provided
that this clause does not prohibit or limit lawful effol'ts to remedy tile effects of
marketplace discrimination that have occurred or are occurring in the marketplace.
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Contractor understands that a material violation of this clause shall be considered a
material breach of this Agreement and may result jn tem1ination of this Contract,
disqualification of Contractor from participating in State contracts, or other sanctions.
This clause is not enforceable by or for the benefit of, and creates no obligation to,
any third party.
18.12.2. As a condition of entering into this Contract, upon the request of the Commission on
Civil Rigllts, and only after the filing of a complaint against Contractor under Title 19
of the State Finance and Procurement Article of the Annotated Code of Maryland, as
amended from time to time, Contractor agrees to provide within 60 days after the
request a complete list of the names of all subcontractors, vendors, and suppliers that
Contractor has used in the past four (4) years on any of its contracts that were
undertaken within the State of Maryland, including the total dollar amount paid by
Contractor on each subcontract or supply contract. Contractor furtber agrees to
cooperate in any investigation conducted by the State pursuant to the State's
Commercial Nondiscrimination Policy as set forth under Title 19 of the State Finance
and Procurement Article of the Annotated Code of Maryland, and to provide any
documents relevant to any investigation that are requested by tho State. Contractor
understands that violation of this clause is a material breach of this Contract and may
result in Contract tennination, disqualification by the State from participating in State
contracts, and other sanctions.
18.13. Subcontracting and Assignment
The Contractor may not subcontract any portion of the products or services provided under
this Contract without obtaining the prior written approval of the Procurement Officer, nor
may the Contractor assign this Contract or any of its rights or obligations hereunder, without
the prior written approval of the State. Any such approvals shall be at the State's sole and
absolute discretion. Any such subcontract or assignment shall include the tenns of this
Contract and any other tenns and conditions that the State deems necessary to protect its
interests. The State shall not be responsible for the fulfillment of the Contractor's obligations
to any subcontractors.
18,14. Minority Business Entea-prise Participation
18.14.1. Establishment of Goal and Subgoals.
MBB subcontractor participation goal and subgoals have been established for this
procurement as described in section 1.24 of the RFP.
18.14.2. Liquidated Damages
18.14.2.1. This Contract requires the Contractor to make good faith efforts to comply with
the MBB Program and Contract provisions. The Stale and the Contractor
acknowledge and agree that the State 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 doos not make good faith
efforts to comply with the requirements of the MBE Program and MBB
Contract provisions. Tile parties further acknowledge and agree lhat the
damages lhe State might reasonably be anticipated to accrue as a result of such
Jack of compliance are difficult to ascertain with precision.
18.14.2.2, Therefore, upon a determination by the State that the Contractor failed to make
good faith efforts to comply with one or more of the specified MBE Program
requirements or Contract provisions, tho Contractor agrees to pay liquidated
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damages to the State at the rates set forth below. The Contractor expressly
agrees that the State 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 State is anticipated to incur as a result of such violation.
i. Failure to submit each monthly payment report in full compliance with
COMAR 21.11.03.13B (3): au amount per day established at thJl
PORFP level per day until the monthly report is submitted as required.
ii. 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): an amount per day established at the
PORFP leycl per MBE subcontractor.
iii. Failure to comply with COMAR 21.11.03.12 in tenninating, 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 MBB
firm and the dollar value of the work perfonned by that MBE finn for the
contract.
iv. Failure to meet the Contractor's total MBE participation goal aod sub
goal commitments: the difference between the dollar value of the total
MBE par1icipation commitment on the MBE participation schedule and
the MBE participation actually achieved.
v. Failure to promptly pay all undisputed amounts to an MBB subcontractor
in .fttll compliance with the prompt payment provisions of this Contract:
an amount per day established at tlte PORFP lcBl per day until the
undisputed amount due to the MBE subcontractor is paid.
Notwithstanding the use of liquidated damages, the State reserves the right to
terminate the Contract and exercise all other rights and remedies provided in
the Contract or by law.
18.14.3. MBE Prompt Pay Requirements
18.14.3.l. To cnsw·c compliance with certified MBE subcontract pa11icipation goals, the
Department or Agency may, consistent with COMAR 21.11.03.13, take the
following measures:
A) Verify that the certified MBEs listed in the MBE participation
schedule actually are performing work and receiving compensation
as set forth in the MBE participation schedule. This vedfication may
include, as appropriate:
(1) Inspecting any relevant records of the Contractor;
(2) Inspecting the jobsite; and
(3) Interviewing subcontractors and workers.
(4) Verification shall include a review of:
(a) The Contractor's monthly report listing unpaid
invoices over 30 days old from certified MBE
subcontractors and tho reason for nonpayment; and
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(b) The monthly report of each certified MBE
subcontractor, wWch lists payments received ftom
the Contractor in the preceding 30 days and invoices
for which the subcontractor has not been paid.
B) If the Department or Agency determit1es that the Contractor is not in
compliance with certified MBE participation goals, then the
Department or Agency will notify the Contractor in writing of its
findings, and will require the Contractor to take appropriate
corrective action. Corrective action may include, but is not limited
to, requiring the Contractor to compensate the MBB for work
performed as set forth in the MBB participation schedule.
C) If the Department or Agency determines d1at the Contractor is in
material noncompliance with MBE Contract provisions and refuses
or fails to take the corrective action that the Department or Agency
requh'CS, then the Department or Agency may:
(1) Tenninato lhe Contract;
(2) Refer the matter to the Office of the Attorney General
for appropriate action; or
(3) Initiate any other specific remedy identified by this
Contract.
18.143 .2. Upon completion of lhe contract, but before final payment or release of
retainagc or both, the Contractor shall submit a final report, in affidavit form
wider the penalty of perjury, of all payments made to, or withheld from MBB
subcontractors.
18.15. Insurance Requirements
The Contractor shall maintain workers' compensation coverage, property and casualty and
any other insurance as required in the RFP. no minimum limits of such policies must meet
any minimum requirements established by law and the limits of insurance required by the
RFP, and shall cover losses resulting :from or arising out of Contractor action or inaction in
the performance of services under the Contract by the Contractor, its agents, servants,
employees or subcontractors. Effective no later than 1he date of execution of tho Contract,
and continuing for the duration of the Contract tem1, and any applicable renewal periods, the
Contractor shall maintain such insurance coverage and shall report such insurance annually or
upon Contract renewal, whichever is earlier, to the Procurement Officer. The Contractor is
required to notify die Procurement Officer io writing, if policies are canceUed or not renewed
S days of learning o'f such cancellation and/or nonrenewal. Certificates of insurance
evidencing this coverage shall be provided wid1in five (5) days of notice of recommended
award. All iosuntDce policies shall be issued by a company properly authorized to do business
in the State of Maryland. The State shall be named as an additional named insured on the
property and casualty policy and as required in the RFP.
18.16. Veteran Owned Small Business Enterprise Participation
There is no VSBB subcontractor participation goal for this procurement.
18.17. Sccul'lty Requirements and Incident Response
The Contractor agrees to abide by all applicable federal, State and local laws concerning
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! I
18.18.
information security and comply with current State and Deparbnent of Iofonnation
Technology information security policy, currently found at
http://doit.maryland.gov/Publications/DolTSecurityPolicy.pdf. Contractor shall limit access
to and possession of Sensitive Data to only employees whose responsibilities JC11SOnably
require such access or possession and shall train such employees on the Confidentiality
obligations set forth herein. This Section 18 shall survive expiration or termination oftbis
Contract.
Suspension of Work
The Procurement Officer unilatemlly may order the Contractor in writing to suspend, delay,
or interrupt all or any part of its performance for such period of time as tile Procurement
Officer may determine to be appropriate for the convenience of the State.
18.19. Nonvisual Acccsslbllity Warranty
18.19.1, The Contractol' wanants that the information technology to be provided under the
Contract.
(a) provides equivalent access for effective use by both visual and non-visual
means;
(b) will present information, including prompts used for interactive
communications, in fonnats intended for both visual and non-visual use;
( c} if intended for use in a network, can be integrated into networks for obtaining,
retrieving, and disseminating information used by individuals who are not
blind or visually impaired; and
(d} is available, whenever possible, without modification for compatibility with
Software and l1anlware for non-visual access.
18.19.2. The Contractor further warrants that the cost, if any. of modifying the infonnation
technology for compatibility with Software and hardware used for non-visual access
does not increase the cost of the information technology by more than five percent.
For purposes of this Contract, the phrase "equivalent access11 means the ability to
receive, use and manipulate infonnation and operate controls necessary to access and
use infonnatioo technology by non-visual means. Examples of equivalent access
include keyboard controls used for input and synthesized speech, Braille, or other
audible or tactile means used for output.
18,20, Compliance with Laws/Arrearages
The Contractor hereby represents and warrants that:
18.20.1 It is qualified to do business in the State of Maryland and that it will take such action
as, :from time to time hereafter, may be necessary to remain so qualified;
18.20.2. It is not in arrears with respect lo the payment of any monies due and owing tho State
of Maryland, or any department or unit thereof, including but not limited to the
payment of lax.es and employee benefits, and that it shall not become so in arrears
during the term of this Contract;
18.20.3. It shall comply with atl federal, State und local laws, regulations, and ordinances
applicable to its activities and obligations under this Contract; and,
18.20.4. It shall obtain, at its expense, all licenses, permits, insurance, and governmental
approvals, if any, necessary to the perfonnance of its obligations under this Contract,
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18.21. Contingent Fee Prohibition
The Contractor warrants that it has not employed or retained any person, partnership,
corporation, or other entity, other than a bona fide employee or bona fide agent working for
the Contractor to solicit or secure this Contract, and that it has not paid or agreed to pay any
person, partnership, corporation or other entity, other than a bona fide employee or bona fide
agent, any fee or other consideration contingent on the making of this Contract.
18.22. Delays and Extensions of Time
The Contractor agrees to perfo1m this Contl'act continuously and diligently. No charges or
claims for damages sball be made by the Contractor for any delays or Wndrances from any
cause whatsoever during the progress of any portion of the work specified in this Conh·act.
Time extensions will be granted only for excusable delays that arise from unforeseeable
causes beyond the control and without the fault or negligence of the Contractor, including but
not restricted to acts of God, acts of the public enemy, acts of the Stnte in either its sovereign
or contractual capacity, nets of another contractor in the performance of a contract with the
State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of
subcontractors or suppliers arising from unforeseeable causes beyond the control and without
the fault or negligence of either the Contractor or the subcontractors or suppliers.
18.23. Financial Dlsclosua·e
18.24,
The Contractor shall comply with the provisions of§ 13-221 of the State Finance and
Procurement Article of the Annotated Code of Maryland, which requires that every business
that enters into conh'llcts, 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 these
contracts, leases or other agreements reaches $100,000, file with the Secretary of State of
Maryland certain specified infom1atio11 to include disclosure of beneficial ownership of the
business.
Political Cooh'lbution Disclosure
The Contractor shall comply with the provisions of Md. Code Ann., Election Law Article,
Tille 14, which requires that every person that enters into a contract for procurement with the
State, a cow1ty or a municipal corporation or other political subdivision of the State, during a
calendar year in which the person receives a contract with a govemmental entity in the
aggregate $200,000 or more, shall file with the State Board of Elections statements
disclosing: (a) any contributions made during the reporting period to a candidate for elective
office in any primBly or general election and (b) the name of each candidate to whom one or
more contributions in a cumulative amount of $500 or more were made during the reporting
period .. The statement shall be filed with the State Board of Elections: (I) before execution of
a contract by the State, a county, municipal corporation, or other political subdivision of the
Stale, and shall cover the 24 months prior to when a contract was awarded; and (2) if the
contribution is made after the execution of a contract, then twice a yea1·, throughout the
contract term, on: (i) February S, to cover the six-month period ending January 31; and (ii)
August 5, to cover the six-month period ending July 31. Additional information is available
on the State Board of Blcctions website:
http://www.elections.state.md.us/campaign _ finance/index.html.
18,25. Retention of Records and Audit
18.25.1. The Contractor and Subcontractors shall retain and maintain all records a11d
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18.2S.2
18.25.3
18.25.4
18.25.5
docwnents in any way relating to this Contract for three (3) years after final payment
by the State under tbis Contract, or any applicable statute oflimitations, prevailing
federal or State law or regulation, or condition of award, whichever is longer, and
shall make them available for inspection and audit by authorized representatives of
the State, including the Procurement Officer or the Procurement Officer's dcsignee, at
all reasonable times. The Contractor shall, upon request by the Department, surrender
all and every copy of documents needed by the State, including, but not limited to
itemized billing documentation containing the dates, hours spent and work performed
by the Conb·actor and its subcontractors under the Contract. The Contractor agrees to
cooperate fully in any audit conducted by or on behalf of the State, including, by way
of example only, making records and employees available as, where, and to the
extent requested by the State and by assisting the auditors in reconciling any audit
variances. Contractor shall not be compensated for providing any such cooperation
and assistance. All records related in any way to the Contract are to be retained for
the entire time provided under this section.
The State reserves the right, at ils sole discretion and at any time, to perfonn an audit
of the Contractor's and/or Subcontractors' performance under this Contract. In this
Contract, an audit is defined as a planned and documented independent activity
performed by qualified pel'sonnel, including bul not limited to State and federal
auditors, to determine by investigation, examination, or evaluation of objective
evidence from data, statements, records, operations and performance practices
(financial or otherwise) the Contractor's and/or Subcontractor's compliance with tho
Contract, including but not limited to the adequacy and compliance with established
procedures and internal controls over the services being performed for the State.
Upon three (3) business days' notice, Contractor and/or Subcontractors shall provide
the Slate reasonable access during normal business hours to their records to verify
conformance to the terms of this Contract. The Slate shall be permitted to conduct
these audits with any or all of its own internal resources or by securing the services of
a third party accounting/audit firm, solely at the State's election. The State shall have
the right to copy, at its own expense, any record related to the services perfonned
pursuant to this Contract.
Contractor and/or Subcontractors shall cooperate with the State or the designated
auditor and shall provide the necessary assistance for tho State or the designated
auditor to conduct the audit.
The right to audit shall include subcontracts in which goods or services are
subcontracted by Contractor and/or Subcontractors and that provide essential support
to the services provided to the State under this Contract. Contractor and/ol'
Subcontractors shall ensure the State has the right to audit with any lower tier
Subcontractor.
18.25.6. This Section 18.25 shall survive expiration or termination oftbis Contract.
18.26 Compliance with federal Health Insurance PorlabUlty and Accountability Act
(HIPAA) and State Confidcntiallty Law
HIPAA clauses do not apply to thls Contract.
19. Adndnlstratlvc lnrormstion
19.1. Procurement Officer Rnd Contract Manager
The day-to-day work to be accomplished under dlis Contract shall be perfonned under the
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direction of the Contract Manager and. as appropriato. the Procurement Officer. All matters
relating to the interpretation of this Contract shall be referred to the Procurement Officer for
detennination.
19.2. Nollces
All notices hereunder shall be in writing and either delivered penonally or sent by certified or
registered man, postage prepaid as follows:
Ifto the State:
With a copy to:
State of Macy land
Department of Information Technology
4S Calvert Street
Annapolis, MD 21401-1907
Gayle Mealy
Deparhnent of Information Technology (DolT)
45 Calvert Street, Rm 424A
Annapolis, MD 21401-1907
Gayle.Mealy@maryland.gov
If to the Contractor:
Attn: ______ _
IN WITNESS THEREOF, the parties bave executed this Contract as of tbe date hereinabove set
forth.
CONTRACTOR DEPARTMENT OF INFORMATION
By: Compuquip 'feehnologies, LLC
~O-M.~01
06/21/16
T;;;::.11(;J7
By: vAlbertG. iUock, ChiefofSlalf:
7· 7-r !iv •
26of3S
Approved for form and legal sufficiency this
;r(:(L-
Assl•tant Attomey abnerat ~
APPROVBDBYBP-W: -z..-z..[ I k
ate)
LL-~ Q..
/ / day of ..J v--i 20/.fi..
3-, ·,
{BPWltem#)
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A. AUTHORITY
I HEREBY AFFIRM THAT:
I, mn IIHYOY (name of affiant), am the Dlractor of P.loonoo (title) and duly
authorized repre.~entative of Compugulp Technologies, LLC (name of business entity) and I
possess the legal authority to make this affidavit on behalf of the business for which I am acting.
B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE
DEPARTMENT OF ASSESSMENTS AND TAXATION
I FURTHER AFFIRM THAT:
The business named above is a (check applicable box):
( 1) Corporation -□ domestic or □ foreign;
(2) Limited Liability Company 2L IBI domestic or □ foreign;
(3) Partnership -□ domestic or D foreign;
(4) Statutory Tmst-□ domestic or □ foreign;
(5) □ Sole Proprietorship.
and is registered or qualified as required under Ma1yland Law. I further affirm that the above
business is in good standing both in Ma1yland and (IF APPLICABLE) in the jurisdiction where
it is presently organized, and has filed all of its annual reports, together with filing fees, with the
Maryland State Department of Assessments and Taxation. The name and address of its resident
agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is:
Name and Department ID
Number: Address: -------------------------
and that if it does business under a trade name, it has filed a certificate with the State Department
of Assessments and Taxation that correctly identifies that true name and address of the principal
or owner as:
Name and Department ID Number: __________________ _
Address: _________________________ _
C. FINANCIAL DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
I am aware of, and the above business will comply with, the provisions of State Finance and
Procurement Article, § 13-221, Annotated Code of Maryland, which requh'e that every business
that enters into contracts, leases, or other agreements with the State of Maryland or its agencies
28 of 35
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.
D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
lam aware of, and the above business will comply with, Election Law Article, Title 14,
Annotated Code of Ma1yland, which requires that eve1y person that enters into a contract for a
procurement with the State, a county, or a municipal corporation, or other political subdivision of
the State, during a calendar year in which the person receives a contract with a governmental
entity in the amount of $200,000 or more, shall file with the State Board ofEleetions statements
disclosing: (a) any contributions made during the reporting period to a candidate for elective
office in any prirna1y or general election; and (b) the name of each candidate to whom one or
more contributions in a cumulative amount of $500 or more were made during the reporting
period. The statement shall be filed with the State Board of Elections: (a) before execution of a
contract by the State, a county, a municipal corporation, or other political subdivision of the
State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the
contribution is made after the execution of a contract, then twice a year, throughout the contract
term, on: (i) February 5, to cover the six (6) month period ending Januaiy 31; and (ii) August 5,
to cover the six (6) month period ending July 31. Additional information is available on the
State Board of Elections
website: http ://www 1clec1 ions .st11te.md .us/onmn11i~n finance/index.h tml .
E. 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 bead's designce has determined that application of COMAR 21.11.08 and
this certification would be inappropriate in connection with the law enforcement agency's
undercover operations.)
I CERTIFY THAT:
(1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in tltls
certification.
(2) By submission of its Bid/Proposal, 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 conh·act;
(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
29 of 35
business' workplace and specifying the actions that will be taken against employees for
violation of these prohibitions;
( c) ProWbit its employees from working under the influence of drugs or alcohol;
( d) Not hire or assign to work on the contract anyone wllo the business knows, or in the
exe1·cise 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) Pwmptly inform tbe appropriate law enforcement agency of every drug-related crime that
occurs in its workplace if the business has observed the violation or otherwise bas reliable
information that a violation has occurred;
(t) Establish drug and alcohol abuse awareness programs to infonn its employees about:
(i) The dangers of drug and alcohol abuse in the workp]ace;
(ii) The business's policy of maintaining a drug and alcohol free workplace;
(iii) Any available d111g and alcohol counseling, rehabilitation, and employee assistance
programs; and
(iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in
the workplace;
(g) Provide all employees engaged in the perfonnance of the contract with a copy of the
statement required by §E(2)(b ), above;
(h) Notify its employees in the statement required by §E(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 wol'kplace not later than 5 days after a conviction;
(i) Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii),
above, or otherwise receiving actual notice of a conviction;
(j) Within 30 days after receiving notice under §B(2)(h)(ii), above, or otherwise receiving
actual notice of a conviction, impose either of the following sanctions or remedial measures
on any employee wbo is convicted of a d111g or aJcohol abuse offense occwTing in tl1e
workplace:
(i) Take appropriate personnel action against an employee, up to and including
termination; or
(ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse
assistance or rehabilitation program; and
30 of 35
(k) Make a good faith effort to maintain a drug and alcohol free workplace through
implementation of §E(2)(a)-(j), above.
(3) If the business is an individual, the individual shall certify and agree as set forth in §B( 4),
below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing,
possession, or use of drugs or the abuse of dmgs or alcohol in the perfom1ance of the contract.
(4) I acknowledge and agree that:
(a) The award of Che contract is conditional upon compliance with COMAR 21.11.08 and
this certification;
(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to
suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or
21.07.03.15, as applicable; and
(c) The violation of the provisions of COMAR 21.11.08 or this certification in connectio11
with the conh·act may, in the exercise of the discretion of the Board of Public Works, result
in suspension and debannent of the business under COMAR21.08.03.
F. CERTAIN AFFIRMATIONS VALID
I FURTHER AFFIRM THAT:
To the best of my knowledge, information, and belief, each of the affirmations, certifications, or
acknowledgements contained in that certain Bid/Proposal Affidavit dated ___ , 20_ •
and executed by me for the purpose of obtaining the contract to which this Exhibit is attached
remains true and con·cct in all respects as if made as of the date of this Contract Affidavit and as
if fully set fo11h herein.
I DO SOLEMNLY DECLARE AND AF.FIRM 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: 0&12112016
By: Ivan Rezvoy (printed name of Authorized Representative and Affiant)
----~--~-.;;..._ ______ (signature of Authorized Representative and Affiant)
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EXHIBIT "B"
Conti-actor's Quote
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• compu9u 1p Quotation
cybcr !.:ccurl l y
9737 NW 41 Street , Suite 786
Doral, FL 33 178 US
Phone: (786) 641-5437
Fax: (786) 513-4633
Ship To
Steven Kulick
Chief Procurement Officer
City or South Miami
6130 Sunset Drive
South Miami , FL 33 14 3
United Sta tes
(305) 663-6339
skulick@so uthmiamlO .com
CHECK PO INT/ Renewal 2023
QTY PART#
1 CPES-SS-PREMIUM -ADO
1 CPES-55-PREMIUM-AOO
1 CPE S-SS,PREMIUM -ADD
1 CPES-SS-PREMIUM-AOO
1 CPES-SS-PREMIUM-A OO
I CPES-SS-PREMIUM
1 CP ES-SS-PREMI UM
1 CPEBP-NGTP
1 CP EBP-NGT P
1 CPEBP-NGTP
1 CPSB -EVS-COM P-10-1Y
Quote#:
Quote Date:
Expires On:
Q-15394 -1
11/3/2023
12/22/2023
Luis Santiago
(954} 520-6487
ls anllago@compuquip.com
Send PO to: order@compuquip.com
BIil To
City of Sou th Miami
6130 Sunset Driv e
South Mia mi , FL 33143
United Stales
Period ; 24 .Nov.2023 -23 .Nov.2024
DESCRIPTION
Check Poln l -Premium 7 x 24 Phono suppo,I ro, 1430 Next Gcnorolion Thr eot Prevention
Appliance, Wi red an d Dir ect Pre mium supporl -Device #00:1C:7F:90:79:75 -Comme nt;
Ched< Poin t -Premiu m 7 x 24 Ph one suppo,t fo, 5600 Nex l Gencralion Appliance -Oo vice
#00 : 1C :7F:82 :38 :80 -Comment;
Check Point -Premium 7 ,c 24 Phono suppo,t f04' 5600 Nex t Generation A pplia nce for High
AvaitabRity • De vi ce II00;1C:7F:82:4B:F7 -Comment:
Check Poi nt -Premium 7 x 24 Phone sup port ror Smart-1 410 Appliance Nex t Generation
Securi ty Man agement Appli ance ror 10 g aloways -Dovico #00 :1C:7F:80:CC:22 -Com ment:
Check Poi nt-Premh Im 7 x 24 Phon o svpport fo, Smart -1 410 Ap p!la nco Noxt Go neraUo n
Secur ity Ma rl'lgernenl Appliunce fo r 10 gatewnys -Oo vico #00:1C:7F:8D :CC:23 -Com men t:
Check Poi nt -P,em lu m 7 x 24 Phone suppoI t fo, Mob ili ty 50 Use , Bl ade -Device
#57059062E3B4 -Comm ent:
Check Point -P1emium 7 x 24 Phone support to, Mob ili ty 50 Use r Blade -HA -Device
#F OFMOAE4628 -Comment:
Check Po{nt • Enlorpri so Based Protec lk>r1 -Nox t GenernUon Threat Prnvcntion Pac.kag e
Including IPS, APCL, URLF. AV, ABOT and ASPM blades -De vice #0 0:1C:7F :90:79:75 -ror
CPAP-SG14 30-NGTP-JY-PREM
Check Point • Ent c1pri se Based Pr ctcctlon -Noxt Genc rauon Throa t Pr even tion Paekago
Including IPS, APCL, URLF, AV, ABOT an d ASPM bla des • De vice #00 :1C:7F :82:38:80 -for
CPAP-SG5600 -NGTX
Ch eck Polnt -Enterprise Based Protoc Uon -Noxl Generalion Threat Preven tion Package
Includ ing tPS , APCL, URLF, AV, AB OT and ASPM bta do s -Device #00 :1C:7F :82 :48:F7 -for
CPAP-S05600-NGTX-HA
Check Point -SmarlEven l, SmarlRep<M1c r and Complhmce bl ados for 10 ga toways (Smart• 1
end open servor) 1 year subs cript.ion subscription • Oevico f/00:1 C:7F:0O:CC:22 • fOI' CPAP·
NGSM410
Page 1 of 2
33 of 35
UNIT PRICE
S136.63
S6,1 63.37
S4 ,932.05
$2,196.14
$2,196.14
S583 .61
S468.92
S15G.02
S8 ,298.80
S6.639.04
S8,340.96
EXTENDED
S1 36.63
S6,163.3 7
S4 ,932.05
S2,196 .14
$2,19 6.14
5583.61
S468 .92
S156.02
S8,298 .80
S6.639 .04
SB,340.96
QTY PART# DESCRIPTION UNIT PRICE
1 CPSB-EVS·COMP-10-1Y Check Polnl-SmartEven~ SmartRoportor and Compliance blades for 10 galoways (Smart-1 S8,340.86
and open server) 1 year subscription sub$Criplian -DOY!r.e ff00:1C:7F:8D:CC:23 -for CPAP-
NGSM410
CHECK POINT/ Ronowal 2023 TOTAL:
State of Maryland Contract: Master Contract
http://www.dolt.state.md.us/itmc/mcDetails.aspx?mclD=84&smc=13
Signature:
Effective Date: __ , __ , __
Name (Print): Title:
THANK YOU FOR YOUR BUSINESS!
Page 2 of2
34of35
EXTENDED
$9,340.96
$48,452.64
TOTAL: $48,452.641
E-~RIFY AFFIDAVIT
In accordance with· Section 448.095, Florida Statutes, the City of South Miami requires all
contractors doing business with the City to register with and use the E-Verify system to verify the
work authori7.ation status of all newly hired employees. The City will not enter into a contract
unless each party to the contract registers with and uses the E-Verify system.
The contractiog entity must provide or its proof of enroUmeot In E-Verlfy. For instructions on
how to provide proof of the contracting entity's participation/enrollment in E-Verify, please visit:
httJ,s ://www .e-verify .gov/fag/how.;do-i -provide-proof-of-my-partic ipat ionenrollment-i n-e -verjfy
By signing below, the contracting entity acknowledges that it has read Section 448,095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
✓chei:k here to confirm proof of enrollment lo E-Verify has been attached to this Affidavit.
Signed, sealed and delivered by:
Print Name: I_,;,~½
Title: CFO
Entity Name: Com~ugulp Technologies, LLC
dba ompuquip Cybersecurlty
ACKNOWLEDGMENT
State of Flori4 '-" 1
County of N \ \ e,W\", -~e.
The foregoing instrumen~ acknowledged before me by means of ~hysica~l resence or □
o • ne notarization, this ! • day of1)e.cerj"\be.c: , 20Z~ by -~ /c;,,..r--)
. (name of person) as __ ____,,,,c_ __ =r-..___..,.,Q_""--_______ (type o authority) for
~"'-'\1~~¥-1.S...!UJ=~.,d,!-(name of party on behalf of whom instrument is e~~c,u!_ed). _ ~
~ ,,~,-~_,. c,/:· ~-, ~-
I') 0 ~ _u J--. :~ oc) . ·:·: _
_ \~~,} ( • ._ wJ ,r-_
Notary Public (Print, -~.iianP.~ oi: Tj--~e a 9-~
~ersonally known to me; or Commissioned) • ,-·i :-~ , ~':~-
__ .Produced identification (Type ofidentification: ___________ -_ _ _) •
__ Did take an oath; or
__ .Did not take an oath
JS of JS
Notary Publlo Stale of Florldl
Marla D Padilla
• My Commlulon HH 32&484
Expires 1111112028
~ An official we bsite of t he Un ite d Sta tes go vernm ent
Here's how ~ou know
E-Verify
p ~ny Ac: unt
My Company Profile
Company Information
Company Name
Compuquip Tec h nologies Inc.
Doing Business As (DBA} Name
Company ID
323 4 20
Enrollment Date
Apr 30, 2010
Employer Identification Number (EIN)
592189948
Unique Entity Identifier (UEI)
DUNS Number
Total Number of Employees
20 t o 99
NAICS Code
541
Menu =
Page 1 of 7
AGREEMENT BETWEEN
THE CITY OF SOUTH MIAMI
AND
COMPUQUIP TECHNOLOGIES, LLC
THIS AGREEMENT (this “Agreement”) is made effective as of the day of
, 2023 (the “Effective Date”), by and between the CITY OF
SOUTH MIAMI, FLORIDA, a Florida municipal corporation (the “City”), and COMPUQUIP
TECHNOLOGIES, LLC, a Florida limited liability company (the “Contractor”). Collectively,
the City and the Contractor are referred to as the “Parties.”
WHEREAS, the City currently utilizes Check Point firewall appliances and requires
maintenance and support services for the firewall system (the “Services”); and
WHEREAS, the Maryland Department of Information Technology (“Maryland”) has
competitively procured the Services through Request for Proposals No. 060B2490022 and
awarded a contract (the “Maryland Contract”) to the Contractor, which contract is attached hereto
as Exhibit “A”; and
WHEREAS,the Contractor has provided the City with a quote, attached hereto as Exhibit
“B” (the “Quote”), for the Services based on the terms and conditions of the Maryland Contract in
an amount not to exceed $48,452.64; and
WHEREAS,the Parties wish to incorporate the terms and conditions of the Maryland
Contract attached hereto as Exhibit “A,” except as otherwise modified or amended herein; and
WHEREAS,pursuant to Article III, Section 5 of the City Charter, the City may make
purchases through other governmental agencies that have followed similar bidding
procedures; and
WHEREAS,in accordance with Article III, Section 5 of the City Charter, the City wishes
to enter into this Agreement with the Contractor for the Services in an amount not to exceed
$48,452.64 for the period commencing November 24, 2023, through November 23, 2024, based
on the terms and conditions of the Maryland Contract attached hereto as Exhibit “A” and the
Contractor’s Quote attached hereto as Exhibit “B.”
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the City and the Contractor agree as follows:
1. Incorporation of Contract. The terms and conditions of the Maryland Contract attached
hereto as Exhibit “A” are incorporated as though fully set forth herein. Except as otherwise
specifically set forth or modified herein, all terms in the Maryland Contract are hereby ratified
and affirmed and shall remain unmodified and in full force and effect in accordance with its
terms.
5
Page 2 of 7
2. Conflicts; Order of Priority.This document without exhibits is referred to as the “Base
Agreement.” In the event of a conflict between the terms of this Base Agreement and any
exhibits or attachments hereto, or any documents incorporated herein by reference, the conflict
shall be resolved in the following order of priorities and the more stringent criteria for
performance of the Services shall apply:
A.First Priority: This Base Agreement;
B.Second Priority: E-Verify Affidavit;
C.Third Priority: Exhibit “A”: the Maryland Contract; and
D.Fourth Priority: Exhibit “B”: the Contractor’s Quote.
3. Defined Terms. All initial capitalized terms used in this Agreement shall have the same
meaning as set forth in the Maryland Contract unless otherwise provided in this Agreement.
All references to the “State of Maryland” or the “Maryland Department of Information
Technology” shall be replaced with the City of South Miami where applicable.
4. Counterparts. This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
5. Compensation.Compensation for the Services provided by the Contractor shall be in an
amount not to exceed $48,452.64 for the period commencing November 24, 2023, through
November 23, 2024, in accordance with the rates of the Maryland Contract attached hereto as
Exhibit “A” and the Quote attached hereto as Exhibit “B.”
6. Term.The term of this Agreement shall commence retroactively from November 24, 2023,
through November 23, 2024, thereafter, unless earlier terminated.
7. Amending Section 4 of the Maryland Contract.Section 4, “Consideration and Payment,” of
the Maryland Contract is hereby deleted in its entirety and replaced as follows:
4.1 Contractor shall deliver an invoice to City no more often than once per month
detailing Services completed and the amount due to Contractorunder this Agreement.
Fees shall be paid in arrears each month, pursuantto Contractor’s invoice, which shall
be based upon the percentage of work completed for each task invoiced. The City
shall pay the Contractor in accordance with the Florida Prompt Payment Act after
approval and acceptance of the Services by the City Manager.
8. Amending Section 6 of the Maryland Contract. Section 6 of the Maryland Contract is hereby
deleted in its entirety and replaced as follows:
6.1 Contractor shall indemnify and hold harmless the City, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities,
causes of action, judgment or damages, arising from Contractor’s performance or
non-performance of any provision of this Agreement, including, but not limited to,
liabilities arising from contracts between the Contractor and third parties made
6
Page 3 of 7
pursuant to this Agreement. Contractor shall reimburse the City for all its expenses
including reasonable attorneys’ fees and costs incurred in and about the defense of
any such claim or investigation and for any judgment or damages arising from
Contractor’s performance or non-performance of this Agreement.
6.2 Nothing herein is intended to serve as a waiver of sovereign immunity by the
City nor shall anything included herein be construed as consent to be sued by third
parties in any matter arising out of this Agreement or any other contract. The City
is subject to section 768.28, Florida Statutes, as may be amended from time to time.
6.3 The provisions of this section shall survive termination of this Agreement.
9. Amending Section 18.2 of the Maryland Contract.Section 18.2, “Maryland Law Prevails,”
of the Maryland Contract is hereby deleted in its entirety and replaced as follows:
18.2 Governing Law and Venue.This Agreement is made under, and in all
respects, shall be interpreted, construed, enforced, and governed by and in
accordance with the laws of the State of Florida. Venue for any legal action
resulting from this Agreement shall lie solely in Miami-Dade County, Florida.
10. Amending Section 18.5 of the Maryland Contract.Section 18.5, “Contract Modifications,”
of the Maryland Contract is hereby deleted in its entirety and replaced as follows:
18.5 Entire Agreement/Modification/Amendment.
18.5.1 This writing contains the entire Agreement of the parties and supersedes
any prior oral or written representations. No representations were made or
relied upon by either party, other than those that are expressly set forth herein.
18.5.2 No agent, employee, or other representative of either party is empowered
to modify or amend the terms of this Agreement, unless executed with the same
formality as this document.
11. Amending Section 18.6 of the Maryland Contract.Section 18.6, “Termination for Default,”
of the Maryland Contract is hereby deleted in its entirety and replaced as follows:
18.6 Termination.
18.6.1 The City Manager, without cause, may terminate this Agreement upon five (5)
calendar days written notice to the Contractor, or immediately with cause.
18.6.2 Upon receipt of the City's written notice of termination, Contractor shall
immediately stop work on the project unless directed otherwise by the City Manager.
18.6.3 In the event of termination by the City, the Contractor shall be paid for all work
accepted by the City Manager up to the date of termination, provided that the Contractor
has first complied with the provisions of Section 18.6.4.
7
Page 4 of 7
18.6.4 The Contractor shall transfer all books, records, reports, working drafts, documents,
maps, and data pertaining to the Services and the project to the City, in a hard copy and
electronic format within fourteen (14) days from the date of the written notice of
termination or the date of expiration of this Agreement.
12. Amending Section 18.25 of the Maryland Contract.Section 18.25 of the Maryland Contract
is hereby deleted in its entirety and replaced as follows:
18.25. Ownership and Access to Records and Audits.
18.25.1 Contractor acknowledges that all inventions, innovations,
improvements, developments, methods, designs, analyses, drawings, reports,
compiled information, and all similar or related information (whether
patentable or not) which relate to Services to the City which are conceived,
developed or made by Contractor during the term of this Agreement (“Work
Product”) belong to the City. Contractor shall promptly disclose such Work
Product to the City and perform all actions reasonably requested by the City
(whether during or after the term of this Agreement) to establish and confirm
such ownership (including, without limitation, assignments, powers of attorney
and other instruments).
18.25.2 Contractor agrees to keep and maintain public records in Contractor’s
possession or control in connection with Contractor’s performance under this
Agreement. The City Manager or her designee shall, during the term of this
Agreement and for a period of three (3) years from the date of termination of
this Agreement, have access to and the right to examine and audit any records
of the Contractor involving transactions related to this Agreement. Contractor
additionally agrees to comply specifically with the provisions of Section
119.0701, Florida Statutes. Contractor shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements
are not disclosed, except as authorized by law, for the duration of the
Agreement, and following completion of the Agreement until the records are
transferred to the City.
18.25.3 Upon request from the City’s custodian of public records, Contractor
shall provide the City with a copy of the requested records or allow the records
to be inspected or copied within a reasonable time at a cost that does not exceed
the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by
law.
18.25.4 Unless otherwise provided by law, any and all records, including but
not limited to reports, surveys, and other data and documents provided or
created in connection with this Agreement are and shall remain the property of
the City.
18.25.5 Upon completion of this Agreement or in the event of termination by
either party, any and all public records relating to the Agreement in the
8
Page 5 of 7
possession of the Contractor shall be delivered by the Contractor to the City
Manager, at no cost to the City, within seven (7) days. All such records stored
electronically by Contractor shall be delivered to the City in a format that is
compatible with the City’s information technology systems. Once the public
records have been delivered upon completion or termination of this Agreement,
the Contractor shall destroy any and all duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements.
18.25.6 Any compensation due to Contractor shall be withheld until all records
are received as provided herein.
18.25.7 Contractor’s failure or refusal to comply with the provisions of this
section shall result in the immediate termination of this Agreement by the City.
18.25.8 Notice Pursuant to Section 119.0701(2)(a), Florida
Statutes.IF THE CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS: Nkenga “Nikki” Payne, CMC, FCRM, City Clerk,
6130 Sunset Drive, First Floor, South Miami, FL 33143, 305-
663-6340, npayne@southmiamifl.gov.
13. Amending Various Sections of the Maryland Contract.Sections 8, 16, 18.1, 18.7, 18.9,
18.12, 18.14, 18.23, and 18.24 of the Maryland Contract is hereby deleted in its entirety.
14. Notices/Authorized Representatives.Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private postal
service, addressed to the parties (or their successors) at the addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
15. Public Entity Crimes Affidavit.Consultant shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
16. Independent Contractor.The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the City with respect to
all of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
17. E-Verify Affidavit.In accordance with Section 448.095, Florida Statutes, the City requires all
contractors doing business with the City to register with and use the E-Verify system to verify
9
Page 6 of 7
the work authorization status of all newly hired employees. The City will not enter into a
contract unless each party to the contract registers with and uses the E-Verify system. The
contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how
to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-
verify. By entering into this Agreement, the Contractor acknowledges that it has read Section
448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section
448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from
subcontractors; and has executed the required affidavit attached hereto and incorporated
herein.
[Remainder of page intentionally left blank. Signature pages follow.]
10
Page 7 of 7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year as first stated above.
CITY OF SOUTH MIAMI
By:
Genaro “Chip” Iglesias
City Manager
Attest:
By:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
Approved as to Form and Legal Sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice:
City of South Miami
Attn: City Manager
6130 Sunset Drive, First Floor
South Miami, FL 33143
305-668-2510 (telephone)
chip@southmiamifl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
COMPUQUIP TECHNOLOGIES, LLC
By:
Name:
Title:
Entity:
Addresses for Notice:
Compuquip Technologies, LLC
Attn: Luis Suarez
9737 NW 41st Street, Suite 786
Doral, FL 33178
786-641-5437 (telephone)
786-513-4633 (email)
With a copy to:
(telephone)
(email)
11
EXHIBIT “A”
MARYLAND DEPARTMENT OF INFORMATION TECHNOLOGY
12
EXHIBIT “B”
Contractor’s Quote
13
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City of South Miami requires all
contractors doing business with the City to register with and use the E-Verify system to verify the
work authorization status of all newly hired employees. The City will not enter into a contract
unless each party to the contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
☐Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐
online notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification:)
Did take an oath; or
Did not take an oath
14
9737 NW 41 Street, Suite 786
Doral, FL 33178 US
Phone: (786) 641-5437
Fax: (786) 513-4633
Quotation
Quote #:Q-15394-1
Quote Date:11/3/2023
Expires On:12/22/2023
Luis Santiago
(954) 520-6487
lsantiago@compuquip.com
Send PO to: order@compuquip.com
Ship To
Steven Kulick
Chief Procurement Officer
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
United States
(305) 663-6339
skulick@southmiamifl.com
Bill To
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
United States
CHECK POINT / Renewal 2023 Period: 24.Nov.2023 - 23.Nov.2024
QTY PART #DESCRIPTION UNIT PRICE EXTENDED
1 CPES-SS-PREMIUM-ADD Check Point - Premium 7 x 24 Phone support for 1430 Next Generation Threat Prevention
Appliance, Wired and Direct Premium support - Device #00:1C:7F:90:79:75 - Comment:
$136.63 $136.63
1 CPES-SS-PREMIUM-ADD Check Point - Premium 7 x 24 Phone support for 5600 Next Generation Appliance - Device
#00:1C:7F:82:38:8D - Comment:
$6,163.37 $6,163.37
1 CPES-SS-PREMIUM-ADD Check Point - Premium 7 x 24 Phone support for 5600 Next Generation Appliance for High
Availability - Device #00:1C:7F:82:4B:F7 - Comment:
$4,932.05 $4,932.05
1 CPES-SS-PREMIUM-ADD Check Point - Premium 7 x 24 Phone support for Smart-1 410 Appliance Next Generation
Security Management Appliance for 10 gateways - Device #00:1C:7F:8D:CC:22 - Comment:
$2,196.14 $2,196.14
1 CPES-SS-PREMIUM-ADD Check Point - Premium 7 x 24 Phone support for Smart-1 410 Appliance Next Generation
Security Management Appliance for 10 gateways - Device #00:1C:7F:8D:CC:23 - Comment:
$2,196.14 $2,196.14
1 CPES-SS-PREMIUM Check Point - Premium 7 x 24 Phone support for Mobility 50 User Blade - Device
#57D59D62E3B4 - Comment:
$583.61 $583.61
1 CPES-SS-PREMIUM Check Point - Premium 7 x 24 Phone support for Mobility 50 User Blade - HA - Device
#F0FA40AE4628 - Comment:
$468.92 $468.92
1 CPEBP-NGTP Check Point - Enterprise Based Protection - Next Generation Threat Prevention Package
Including IPS, APCL, URLF, AV, ABOT and ASPM blades - Device #00:1C:7F:90:79:75 - for
CPAP-SG1430-NGTP-3Y-PREM
$156.02 $156.02
1 CPEBP-NGTP Check Point - Enterprise Based Protection - Next Generation Threat Prevention Package
Including IPS, APCL, URLF, AV, ABOT and ASPM blades - Device #00:1C:7F:82:38:8D - for
CPAP-SG5600-NGTX
$8,298.80 $8,298.80
1 CPEBP-NGTP Check Point - Enterprise Based Protection - Next Generation Threat Prevention Package
Including IPS, APCL, URLF, AV, ABOT and ASPM blades - Device #00:1C:7F:82:4B:F7 - for
CPAP-SG5600-NGTX-HA
$6,639.04 $6,639.04
1 CPSB-EVS-COMP-10-1Y Check Point - SmartEvent, SmartReporter and Compliance blades for 10 gateways (Smart-1
and open server) 1 year subscription subscription - Device #00:1C:7F:8D:CC:22 - for CPAP-
NGSM410
$8,340.96 $8,340.96
Page 1 of 2
15
QTY PART #DESCRIPTION UNIT PRICE EXTENDED
1 CPSB-EVS-COMP-10-1Y Check Point - SmartEvent, SmartReporter and Compliance blades for 10 gateways (Smart-1
and open server) 1 year subscription subscription - Device #00:1C:7F:8D:CC:23 - for CPAP-
NGSM410
$8,340.96 $8,340.96
CHECK POINT / Renewal 2023 TOTAL:$48,452.64
TOTAL: $48,452.64
State of Maryland Contract: Master Contract
http://www.doit.state.md.us/itmc/mcDetails.aspx?mcID=84&smc=13
Signature:
Effective Date:
______/______/______
Name (Print):
Title:
THANK YOU FOR YOUR BUSINESS!
Page 2 of 2
16
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Request for Proposals
Hardware and Associated Equipment and Services 2012
PROJECT NO. 060B2490022
DEPARTMENT OF INFORMATION TECHNOLOGY
Issue Date: June 26, 2012
Minority Business Enterprises are Encouraged to Respond to this Solicitation
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060B2490022 ii HARDWARE 2012 RFP
STATE OF MARYLAND
NOTICE TO OFFERORS/CONTRACTORS
In order to help us improve the quality of State proposals solicitations, and to make our
procurement process more responsive and business friendly, we ask that you take a few minutes
and provide comments and suggestions regarding the enclosed solicitation. Please return your
comments with your proposals. If you have chosen not to submit a proposal on this Contract,
please email this completed form to hardwareproposals.doit@maryland.gov.
Title: Hardware and Associated Equipment and Services 2012
Project No: 060B2490022
1. If you have responded with a "no proposal", please indicate the reason(s) below:
( ) Other commitments preclude our participation at this time.
( ) The subject of the solicitation is not something we ordinarily provide.
( ) We are inexperienced in the work/commodities required.
( ) Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.)
( ) The scope of work is beyond our present capacity.
( ) We cannot be competitive. (Explain in REMARKS section.)
( ) Time allotted for completion of the proposals is insufficient.
( ) Proposals requirements (other than specifications) are unreasonable or too risky.
(Explain in REMARKS section.)
( ) Prior State of Maryland Contract experience was unprofitable or otherwise
unsatisfactory. (Explain in REMARKS section.)
( ) Other: _________________________________________________________
2. If you have submitted a proposal, but wish to offer suggestions or express concerns, please use
the Remarks section below.
REMARKS:
____________________________________________________________________________________
____________________________________________________________________________________
Offeror Name: ___________________________________________ Date: ______________________
Contact Person: _________________________________ Phone (____) _____ - _________________
Address: _______________________________________________________________________
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060B2490022 iii HARDWARE 2012 RFP
KEY INFORMATION SUMMARY SHEET
RFP Title:
Hardware and Associated Equipment and Services and
Associated Equipment 2012
RFP Number: 060B2490022
RFP Issue Date: June 26, 2012
Closing Date and Time: July 26, 2012
2:00 P.M., Local Time
RFP Issuing Agency: Department of Information Technology (DoIT)
IT Procurement Office
Send Questions to:
hardwareproposals.doit@maryland.gov no later than
Wednesday, July 11, 2012, 4:00 P.M. Local Time
Procurement Officer:
Alayna Mande
Office Phone Number: 410-260-6044
Office FAX Number: 410-974- 5615
Proposals are to be sent to:
Maryland Department of Information Technology
45 Calvert Street, Room 446
Annapolis, MD 21401
Attention: Alayna Mande
Contract Manager:
Mike Balderson
Mike.Balderson@maryland.gov
Office Phone Number: 410-260-7549
Office FAX Number: 410-974-5615
Contract Duration: 15 Years
MBE Goal: 100% of Functional Area IV - Installation & Training
Pre-Proposal Conference:
WebEx video available for viewing on DoIT website at
http://doit.maryland.gov/contracts/Pages/bids.aspx
Tuesday, July 3rd, 2012 by 5:00 PM EST
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060B2490022 iv HARDWARE 2012 RFP
Table of Contents
SECTION 1 - GENERAL INFORMATION.............................................................................. 1
1.1 SUMMARY STATEMENT ................................................................................................... 1
1.2 BACKGROUND ................................................................................................................. 1
1.3 ABBREVIATIONS AND DEFINITIONS.................................................................................. 2
1.4 MASTER CONTRACT TYPE ............................................................................................... 3
1.5 MASTER CONTRACT DURATION ...................................................................................... 3
1.6 PROCUREMENT OFFICER .................................................................................................. 4
1.7 CONTRACT MANAGER ..................................................................................................... 4
1.8 PRE-PROPOSAL CONFERENCE .......................................................................................... 4
1.9 EMARYLAND MARKETPLACE (EMM) .............................................................................. 4
1.10 QUESTIONS ...................................................................................................................... 5
1.11 PROPOSALS DUE (CLOSING) DATE................................................................................... 5
1.12 DURATION OF OFFER ....................................................................................................... 5
1.13 REVISIONS TO THE RFP ................................................................................................... 5
1.14 CANCELLATIONS; DISCUSSIONS ....................................................................................... 5
1.15 INCURRED EXPENSES ....................................................................................................... 6
1.16 ECONOMY OF PREPARATION ............................................................................................ 6
1.17 PROTESTS/DISPUTES ........................................................................................................ 6
1.18 MULTIPLE OR ALTERNATIVE PROPOSALS ........................................................................ 6
1.19 PUBLIC INFORMATION ACT NOTICE ................................................................................. 6
1.20 OFFEROR RESPONSIBILITIES ............................................................................................ 6
1.21 MANDATORY CONTRACTUAL TERMS .............................................................................. 7
1.22 PROPOSAL AFFIDAVIT ...................................................................................................... 7
1.23 CONTRACT AFFIDAVIT ..................................................................................................... 7
1.24 MINORITY BUSINESS ENTERPRISES .................................................................................. 7
1.25 SMALL BUSINESS RESERVE ............................................................................................. 8
1.26 ARREARAGES ................................................................................................................... 8
1.27 PROCUREMENT METHOD ................................................................................................. 8
1.28 VERIFICATION OF REGISTRATION AND TAX PAYMENT .................................................... 8
1.29 FALSE STATEMENTS ........................................................................................................ 8
1.30 NON-VISUAL ACCESS ...................................................................................................... 9
1.31 PAYMENTS BY ELECTRONIC FUNDS TRANSFER ................................................................ 9
1.32 CONTRACT EXTENDED TO INCLUDE OTHER NON-STATE GOVERNMENTS OR AGENCIES . 9
1.33 MERCURY AND PRODUCTS THAT CONTAIN MERCURY .................................................. 10
1.34 CONFLICT OF INTEREST ................................................................................................. 10
1.35 PROMPT PAY .................................................................................................................. 10
SECTION 2 – SCOPE OF WORK ........................................................................................... 11
2.1 SCOPE ............................................................................................................................ 11
2.2 GENERAL REQUIREMENTS ............................................................................................. 11
2.3 FUNCTIONAL AREA I- SERVERS AND ASSOCIATED PERIPHERALS .................................. 12
2.4 FUNCTIONAL AREA II- PRINTERS AND ASSOCIATED PERIPHERALS ................................ 12
2.5 FUNCTIONAL AREA III- NETWORK COMMUNICATIONS EQUIPMENT .............................. 12
2.6 FUNCTIONAL AREA IV –INSTALLATION AND TRAINING SERVICES ................................ 13
2.7 FUNCTIONAL AREA V – MANUFACTURER’S EXTENDED WARRANTY ............................ 14
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060B2490022 v HARDWARE 2012 RFP
2.8 WARRANTY ................................................................................................................... 14
2.9 PROCEDURE FOR ADDING A MANUFACTURER’S PRODUCT LINE .................................... 14
2.10 PORFP PROCEDURES .................................................................................................... 15
2.11 ORDER PROCESSING PROCEDURE .................................................................................. 16
2.12 INSURANCE REQUIREMENTS .......................................................................................... 16
2.13 INVOICING ..................................................................................................................... 17
2.14 PERSONNEL QUALIFICATIONS (FUNCTIONAL AREA IV) ................................................. 17
2.15 LABOR CATEGORIES AND QUALIFICATIONS ................................................................... 18
2.16 TRAVEL REIMBURSEMENT ............................................................................................. 22
2.17 REPORTING .................................................................................................................... 23
SECTION 3 – PROPOSAL FORMAT ..................................................................................... 24
3.1 TWO PART SUBMISSION ................................................................................................. 24
3.2 PROPOSALS .................................................................................................................... 24
3.3 SUBMISSION ................................................................................................................... 24
3.4 VOLUME I – TECHNICAL PROPOSAL ............................................................................... 24
3.5 VOLUME II - FINANCIAL PROPOSAL ............................................................................... 27
SECTION 4 – EVALUATION CRITERIA AND SELECTION PROCEDURE ................. 28
4.1 EVALUATION CRITERIA ................................................................................................. 28
4.2 TECHNICAL CRITERIA .................................................................................................... 28
4.3 FINANCIAL CRITERIA ..................................................................................................... 28
4.4 RECIPROCAL PREFERENCE ............................................................................................. 28
4.5 SELECTION PROCEDURES ............................................................................................... 28
ATTACHMENT A – HARDWARE AND ASSOCIATED EQUIPMENT AND SERVICES 2012
CONTRACT ................................................................................................................................. 30
ATTACHMENT B - BID/PROPOSAL AFFIDAVIT ....................................................................... 46
ATTACHMENT C - CONTRACT AFFIDAVIT ............................................................................. 52
ATTACHMENT D – MINORITY BUSINESS ENTERPRISE REQUIREMENTS ................................. 56
ATTACHMENT E- PRICE PROPOSAL FORM AND INSTRUCTIONS ............................................ 73
ATTACHMENT E-I - FUNCTIONAL AREA I - SERVERS AND ASSOCIATED PERIPHERALS ......... 75
MSRP COMMITMENT ........................................................................................................... 75
ATTACHMENT E-II - FUNCTIONAL AREA II - PRINTERS AND ASSOCIATED PERIPHERALS ..... 76
MSRP COMMITMENT ........................................................................................................... 76
ATTACHMENT E-III - FUNCTIONAL AREA III - NETWORK COMMUNICATIONS EQUIPMENT .. 77
MSRP COMMITMENT ........................................................................................................... 77
ATTACHMENT E-IV FUNCTIONAL AREA IV - INSTALLATION AND TRAINING SERVICES
LABOR RATE SCHEDULE ............................................................................................................ 78
ATTACHMENT E-V -FUNCTIONAL AREA V - MANUFACTURER’S WARRANTY SERVICES
MSRP PRICE COMMITMENT ...................................................................................................... 79
ATTACHMENT F - CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE ........................... 80
ATTACHMENT G – MERCURY AFFIDAVIT ............................................................................ 81
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SECTION 1 - GENERAL INFORMATION
1.1 Summary Statement
1.1.1 The Department of Information Technology (DoIT) is issuing this Request for Proposals to procure
hardware and associated equipment and services (excluding laptops and desktops), installation and
training services for the hardware, and manufacturer’s extended warranty, for the State of
Maryland. Through the Master Contracts awarded as a result of this solicitation, the State will have
a flexible means of obtaining these products and services, quickly, efficiently and cost effectively
by issuing Purchase Order Requests for Proposals (PORFP’s) specific to its needs.
1.1.2 The scope of this solicitation encompasses five (5) functional areas as follows:
Functional Area I –Servers and Associated Peripherals
Functional Area II- Printers and Associated Peripherals
Functional Area III - Network Communications Equipment
Functional Area IV- Installation and Training Services
Functional Area V- Manufacturer’s Extended Warranty
1.1.3 DoIT intends to award a Master Contract to an unlimited number of Offerors that are authorized by
the Manufacturer or Distributor to sell the proposed products and services, and determined by the
State to be qualified. Offerors may propose to Functional Areas I, II, III, or V, Functional Areas I
and II, Functional Areas I and III, Functional Area I and IV, Functional Area I and V, Functional
Areas II and III, Functional Area II and IV, Functional Area II and V, Functional Area III and IV,
Functional Area III and V, or all five functional areas as specified in Section two. Functional Area
IV will not be awarded on a stand-alone basis.
Each request for hardware, installation and/or training services, and/or manufacturer’s extended
warranty, throughout the term of the Master Contract, will be issued and summarized by the
Requesting Agency in a PORFP. A Master Contractor/Manufacturer Product Matrix for will be
established and maintained by DoIT. All Offerors awarded a Master Contract for the specific
manufacturer’s products and/or services for which a PORFP has been issued will be invited to
compete for the award. Based upon PORFPs issued by the State of Maryland, a Master Contractor
will be selected to provide the requested hardware, installation and/or training services and/or
manufacturer’s extended warranty. A Purchase Order (PO) will then be issued by the Requesting
Agency to the selected Master Contractor, which will bind the Master Contractor to the terms of the
PORFP response, including the price. Master Contractors may add manufacturers’ products and/or
services from time to time throughout the life of the Master Contract by submitting Letters of
Authorization from the manufacturer or distributor of the hardware in accordance with the
procedure set forth in Section 2.9. Neither a PORFP, nor a PO, may, in any way, conflict with or
supersede the Master Contract.
1.2 Background
1.2.1 The Hardware and Associated Equipment and Services Master Contract, Project Number
050B7800023, providing for the purchase of both hardware and related services, is scheduled to
expire September 30, 2012. As of June 2012, hardware equipment and services purchased were
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executed under this Master Contract totaling approximately $160,300,000.00. Approximately
$66,000,000.00 of that spending was related to laptops and desktops.
1.2.2 This solicitation does not include stand-alone software, laptops or desktops.
1.3 Abbreviations and Definitions
For purposes of this RFP, the following abbreviations or terms have the meanings indicated below:
a. Agency Point of Contact (Agency POC) – Requesting Agency contact listed in a PORFP.
b. COMAR – Code of Maryland Regulations, available on-line at www.dsd.state.md.us.
c. Contract Manager (CM) – The State representative who serves as the manager for the resulting
Master Contract.
d. Distributor –First tier agent authorized by the requisite parties that own rights to the Hardware
product, to sell and/or service the Hardware product.
e. DoIT – Maryland Department of Information Technology.
f. Firm fixed –price PORFP which places responsibility on the Master Contractor for the delivery
of the Hardware and the complete performance of the services in accordance with the PORFP
at a price that is not subject to adjustment.
g. Fixed Hourly Labor Category Rates – Fully loaded hourly rates established in the Master
Contract that include all direct and indirect costs and profit for the Master Contractor to
perform Installation or Training services required in a PORFP.
h. Fully Loaded – The inclusion in labor category billing rates of all profit, direct and indirect
costs associated with performing Installation or Training services required in a PORFP. The
indirect costs shall include all costs that would normally be considered general and
administrative costs and/or routine travel costs, or which in any way are allocated by the Master
Contractor against direct labor hours as a means of calculating profit or recouping costs which
cannot be directly attributable to services required in a PORFP. Non-routine travel costs will
be identified in a PORFP, when appropriate.
i. Installation – Transferring Manufacturer’s electronic media to computer systems so that the
Hardware will provide the features and functions generally described in the User
Documentation.
j. IT – Information Technology.
k. Letter of Authorization – A document issued by the Manufacturer or Distributor authorizing the
Offeror/Master Contractor to sell and/or provide services for the Manufacturer’s Product line.
l. Local Time - Time in the Eastern Time zone as observed by the State of Maryland.
m. Master Contract – The Contract between the State and each of the Offerors determined
technically capable of performing the requirements of this RFP.
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n. Master Contractor – An Offeror who is awarded a Master Contract under this RFP.
o. MSRP- Manufacturer’s Suggested Retail Price.
p. MBE – A Minority Business Enterprise certified by the Maryland Department of
Transportation under COMAR 21.11.03.
q. Offeror – An entity that submits a proposal in response to this RF.P
r. Purchase Order (PO) – Authorizes the selected Master Contractor to proceed with delivery of
products and/or any services requested via a PORFP.
s. POC – Point of Contact.
t. Procurement Officer – The State representative, as identified in Section 1.6, responsible for this
RFP, for the determination of the Master Contract scope issues, and the only State
representative who can authorize changes to the Contract.
u. Proposal-Master Contractor’s response to a PORFP issued by the State.
v. Request for Proposals (RFP) – This RFP for the Maryland Department of Information
Technology, Project Number 060B2490022, dated June 26, 2012, including any amendments.
w. Purchase Order Request for Proposal (PORFP) - A request by the Requesting Agency for the
proposal of the required Hardware, Installation and Training services and/or Manufacturer’s
Extended Warranty.
x. Requesting Agency – The unit of the Executive Branch of Maryland State government issuing
the PORFP.
y. SBR – Small Business Reserve – A procurement in accordance with Title 14, Subtitle 5 of the
State Finance and Procurement Article of the Annotated Code of Maryland, as amended. See
Section 1.25 for details.
z. State – State of Maryland.
1.4 Master Contract Type
The Master Contract shall be an Indefinite Quantity Contract as defined in COMAR 21.06.03.06. Fixed
Price (FP) and Labor Hour PORFPs will be issued under the Master Contract as described in each
respective PORFP, as appropriate to the type of products and/or services being requested.
1.5 Master Contract Duration
The term of this Contract shall be for a period of 15 years, beginning on or about August 1, 2012 and will
terminate on July 31, 2027. At three (3) year intervals following the award of the Hardware 2012 Master
Contract, DoIT will announce an Expansion Window during which new Offerors may propose to become
Master Contractors. Further, during an announced Expansion Window, DoIT will allow existing Master
Contractors to propose to add functional areas to their Master Contract. Expansion Windows will continue
through Year 12 of the Master Contract.
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1.6 Procurement Officer
The sole POC in the State for purposes of this RFP prior to the award of any Contract is the Procurement
Officer at the address listed below:
Alayna Mande
Maryland Department of Information Technology
IT Procurement Office
45 Calvert Street, Room 446
Annapolis, Maryland 21401
Phone Number: 410-260-6044
Fax Number: 410-974-5615
E-mail: hardwareproposals.doit@maryland.gov
DoIT may change the Procurement Officer at any time by written notice to the Master Contractor.
1.7 Contract Manager
The State CM monitors the daily activities of the Contract and provides technical guidance to the
Contractor. The State CM will be:
Michael Balderson
Maryland Department of Information Technology
45 Calvert Street, Room 444A
Annapolis, Maryland 21401
Phone Number: 410-260-7549
Fax Number: 410-974-5615
Email: Mike.Balderson@maryland.gov
DoIT may change the State CM at any time by written notice to the Contractor.
1.8 Pre-Proposal Conference
A pre-proposal conference will be viewable by WebEx on Tuesday, July 3, 2012 by 5:00 PM Local Time.
Questions will be accepted in response to the WebEx and should be sent to
hardwareproposals.doit@maryland.gov.
Questions must be received no later than Wednesday, July 11, 2012, 4:00 P.M. Local Time.
1.9 eMaryland Marketplace (eMM)
eMM is an electronic commerce system administered by the Maryland Department of General Services. In
addition to using the DoIT web site (www.DoIT.maryland.gov) and other means for transmitting the RFP
and associated materials, the solicitation and summary of the pre-proposal conference, Offeror questions
and the Procurement Officer’s responses, addenda, and other solicitation related information will be
provided via e-Maryland Marketplace.
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In order to receive a Contract award, an Offeror must be registered on Maryland Marketplace (eMM).
Registration is free. Vendors may resister at: https://emaryland.buyspeed.com. Click on “Registration” to
begin the process and follow the prompts.
1.10 Questions
Written questions, from prospective Offerors, will be accepted by the Procurement Officer. Questions may
be submitted by mail, facsimile, or, preferably, by e-mail to the Procurement Officer. Questions must be
received no later than Wednesday, July 11, 2012, 4:00 P.M. Local Time.
1.11 Proposals Due (Closing) Date
An unbound original and two (2) bound copies of each proposal (technical and financial) must be received
by the Procurement Officer, at the address listed in Section 1.6, no later than 2:00 PM (local time) on July
26, 2012 in order to be considered. An electronic version (CD or flash drive) of the Technical Proposal in
MS Word format must be enclosed with the original technical proposal. An electronic version (CD or flash
drive) of the Financial Proposal in MS Word format and signed PDF must be enclosed with the original
financial proposal. Make sure that the electronic media are labeled with the RFP title, RFP number, and
Offeror name and packaged with the original copy of the appropriate proposal (technical or financial).
Requests for extension of this date or time will not be granted. Offerors mailing proposals should allow
sufficient mail delivery time to ensure timely receipt by the Procurement Officer. Except as provided in
COMAR 21.05.03.02, proposals received by the Procurement Officer after the due date, July 26, 2012 at
2:00 PM (local time) will not be considered.
Proposals may not be submitted by e-mail or facsimile.
1.12 Duration of Offer
Proposals submitted in response to this RFP are irrevocable for 120 days following the closing date of
proposals or of Best and Final Offers (BAFOs), if requested. This period may be extended at the
Procurement Officer's request only with the Offeror's written agreement.
1.13 Revisions to the RFP
If it becomes necessary to revise this RFP before the due date for proposals, amendments will be posted on
the DoIT Procurement web page and through eMaryland Marketplace. Amendments made after the due
date for proposals will be sent only to those Offerors who submitted a timely proposal.
Acknowledgment of the receipt of all amendments to this RFP issued before the proposal due date must
accompany the Offeror’s proposal in the Transmittal Letter accompanying the Technical Proposal
submittal. Acknowledgement of the receipt of amendments to the RFP issued after the proposal due date
shall be in the manner specified in the amendment notice. Failure to acknowledge receipt of amendments
does not relieve the Offeror from complying with all terms of any such amendment.
1.14 Cancellations; Discussions
The State reserves the right to cancel this RFP, accept or reject any and all proposals, in whole or in part,
received in response to this RFP, to waive or permit cure of minor irregularities, and to conduct discussions
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with all qualified or potentially qualified Offerors in any manner necessary to serve the best interests of the
State. The State also reserves the right, in its sole discretion, to award a Contract based upon the written
proposals received without prior discussions or negotiations.
1.15 Incurred Expenses
The State will not be responsible for any costs incurred by an Offeror in preparing and submitting a
proposal, in making an oral presentation, in providing a demonstration, or in performing any other activities
relative to this solicitation.
1.16 Economy of Preparation
Proposals should be prepared simply and economically, providing a straightforward, concise description of
the Offeror's proposal to meet the requirements of this RFP.
1.17 Protests/Disputes
Any protest or dispute related respectively to this solicitation or the resulting Contract shall be subject to the
provisions of COMAR 21.10 (Administrative and Civil Remedies).
1.18 Multiple or Alternative Proposals
Neither multiple nor alternate proposals will be accepted. Submitting proposals for more than one
functional area is not considered a multiple or alternate proposal.
1.19 Public Information Act Notice
An Offeror shall give specific attention to the clear identification of those portions of its proposal that it
considers confidential, proprietary commercial information or trade secrets, and provide justification why
such materials, upon request, should not be disclosed by the State under the Public Information Act, Title
10, Subtitle 6, Part III of the State Government Article of the Annotated Code of Maryland.
Offerors are advised that, upon request for this information from a third party, the Procurement Officer is
required to make an independent determination whether the information can be disclosed (see COMAR
21.05.08.01).
1.20 Offeror Responsibilities
Any selected Offeror shall be responsible for all products and services required by this RFP within the
functional area proposed. Additional information regarding MBE subcontractors is provided under
paragraph 1.24 below. If an Offeror that seeks to perform or provide the services required by this RFP is a
subsidiary of another entity, all information submitted by the Offeror, such as, but not limited to, references,
shall pertain exclusively to the Offeror, unless the parent organization will guarantee the performance of the
subsidiary. If applicable, the Offeror’s proposal must contain an explicit statement that the parent
organization will guarantee the performance of the subsidiary.
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1.21 Mandatory Contractual Terms
By submitting an offer in response to this RFP, an Offeror, if selected for award, shall be deemed to have
accepted the terms of this RFP and the Contract, attached as Attachment A. Any exceptions to this RFP or
the Contract shall be clearly identified in the Executive Summary of the technical proposal. A proposal that
takes exception to these terms may be rejected.
1.22 Proposal Affidavit
A proposal submitted by an Offeror, shall be accompanied by a completed Bid/Proposal Affidavit. A copy
of this Affidavit is included as Attachment B of this RFP.
1.23 Contract Affidavit
All Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Offeror
will be required to complete a Contract Affidavit. A copy of this Affidavit is included for informational
purposes as Attachment C of this RFP. This Affidavit shall be provided within five (5) business days from
notification of proposed Contract award.
1.24 Minority Business Enterprises
A minimum overall MBE subcontractor participation goal of 100% has been established for Functional
Area IV work awarded pursuant to this RFP.
Each Offeror shall complete, sign and submit, without edits, Attachment D-1A- Hardware 2012 Master
Contractor Acknowledgement of Task Order MBE Requirements at the time it submits its technical
response to the RFP. Failure to do so will result in the State’s rejection of the Offeror’s Proposal to the
RFP.
Master Contractors responding to a PORFP containing Functional Area IV shall complete, sign, without
edits, and submit all required MBE documentation - PORFP Attachments D-1 (Certified MBE Utilization
and Fair Solicitation Affidavit) and D-2 (MBE Participation Schedule) at the time of PO Proposal
submission. Failure to do so will result in the State’s rejection of the Master Contractor’s proposal to the
PORFP.
Each Master Contractor, once awarded a PO, will be responsible for submitting the following forms to
provide the State with ongoing monitoring of MBE Participation:
D-3 (Outreach Efforts Compliance Statement)
D-4 (Subcontractor Project Participation Statement)
D-5 (MBE Participation Prime Contract Paid/Unpaid MBE Invoice Report)
D-6 (MBE Subcontractor/Master Contractor Unpaid MBE Invoice Report)
The most current directory of certified MBEs is available on http://www.mdot.state.md.us through MDOT,
Office of Minority Business Enterprise, 7201 Corporate Center Drive, Hanover, MD 21076, phone number
410-865-1269.
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1.25 Small Business Reserve
The State reserves the right to designate any PORFP issued pursuant to this RFP as a Small Business
Reserve PORFP. The Requesting Agency for an SBR PORFP must be a “designated procurement unit”
pursuant to §14-501(b) of the State Finance and Procurement Article of the Maryland Annotated Code as
amended from time to time. In the event a PORFP is designated a Small Business Reserve PORFP, the PO
awarded hereunder may only be awarded to a Contractor that is a certified small business, that meets the
statutory qualifications of a Small Business as defined in §14-501(c), Annotated Code of Maryland, and is
registered with the Department of General Services Small Business Reserve Program.
Throughout the term of the Master Contract, Contractors qualified under the Small Business Reserve, shall
notify the State CM of any change in status. Should a Contractor become certified through the Small
Business Reserve after award of a Master Contract, that Contractor shall notify the State CM and provide
the State CM with its DGS-assigned Small Business Qualification number.
1.26 Arrearages
By submitting a response to this solicitation, each Offeror represents that it is not in arrears in the payment
of any obligations due and owing the State, including the payment of taxes and employee benefits, and that
it shall not become so in arrears during the term of the Contract if selected for Contract award.
1.27 Procurement Method
This Contract will be awarded in accordance with the competitive sealed proposals process under COMAR
21.05.03.
1.28 Verification of Registration and Tax Payment
Before a corporation can do business in the State, it must be registered with the Department of Assessments
and Taxation, State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. Any
potential Offeror should complete registration prior to the due date for receipt of proposals. Failure to
complete registration with the Department of Assessments and Taxation may disqualify an otherwise
successful Offeror from final consideration and recommendation for Contract award.
1.29 False Statements
Offerors are advised that section 11-205.1 of the State Finance and Procurement Article of the Annotated
Code of Maryland provides as follows:
(a) 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; or
Use a false writing or document that contains a false or fraudulent statement or entry of a
material fact.
(b) A person may not aid or conspire with another person to commit an act under subsection (a) of
this section.
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(c) A person who violates any provision of this section 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.
1.30 Non -Visual Access
By submitting a proposal in response to a PORFP, the Master Contractor warrants that the Hardware
offered under the PORFP (1) provides equivalent access for effective use by both visual and non-visual
means; (2) will present information, including prompts used for interactive communications, in formats
intended for both visual and non-visual use; (3) if intended for use in a network, can be integrated into
networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or
visually impaired; and (4) is available, whenever possible, without modification for compatibility with
software and hardware for non-visual access. The Master Contractor further warrants that the cost, if any, of
modifying the Information Technology (IT) for compatibility with software and hardware used for non-
visual access will not increase the cost of the IT by more than five percent. For purposes of this Master
Contract, the phrase “equivalent access” means the ability to receive, use and manipulate information and
operate controls necessary to access and use information technology by non-visual means. Examples of
equivalent access include keyboard controls used for input and synthesized speech, Braille, or other audible
or tactile means used for output.
The Non-visual Access Clause noted in COMAR 21.05.08.05 and referenced in this solicitation is the basis
for the standards that have been incorporated into the Maryland regulations, which can be found at:
www.dbm.maryland.gov - keyword: non-visual access
1.31 Payments by Electronic Funds Transfer
By submitting a response to this solicitation, the Offeror agrees to accept payments by electronic funds
transfer unless the State Comptroller’s Office grants an exemption. Any selected Offeror shall register
using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form. Any request for
exemption shall be submitted to the State Comptroller’s Office for approval at the address specified on the
COT/GAD X-10 form and shall include the business identification information as stated on the form and
include the reason for the exemption. The COT/GAC X-10 form can be downloaded at:
http://compnet.comp.state.md.us/ general account division
1.32 Contract Extended to Include Other Non-State Governments or Agencies
For the purposes of IT or telecommunications procurements, county, municipal, and other non-state
governments or agencies may purchase from the Master Contractor goods or services covered by this
Contract at the same prices chargeable to the State. All such purchases by non-State governments or
agencies:
• Shall constitute contracts between the Master Contractor and that government or agency;
• Shall not constitute purchases by the State or State agencies under this RFP;
• Shall not be binding or enforceable against the State, and
• May be subject to other terms and conditions agreed to by the Master Contractor and the
purchaser. Master Contractor bears the risk of determining whether or not a government or
agency with which the Contractor is dealing is a State agency.
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1.33 Mercury and Products That Contain Mercury
This solicitation and resulting purchase orders require that all materials used in the performance of the
Contract and subsequent Purchase Orders and shall be mercury-free products. The Offeror shall submit a
Mercury Affidavit with its PORFP proposal found in Attachment G.
1.34 Conflict of Interest
The successful Offeror(s) will provide hardware and associated equipment services for State agencies, or
component programs with those agencies and must do so impartially and without any conflicts of interest.
Contractors may be required to complete a Conflict of Interest Affidavit with a Proposal submitted in
response to a PORFP. A copy of this Affidavit is included as Attachment F of this RFP. If the
Procurement Officer makes a determination before award of a PO pursuant to a respective PORFP that facts
or circumstances exist that give rise to or could in the future give rise to a conflict of interest within the
meaning of COMAR 21.05.08.08A, the Procurement Officer may reject a Proposal under COMAR
21.06.02.03B.”
1.35 Prompt Pay
This procurement and the contract to be awarded pursuant to this solicitation are subject to the
Prompt Payment Policy Directive issued by the Governor’s Office of Minority Affairs dated
August 1, 2008. The Directive seeks to ensure the prompt payment of all subcontractors on non-
construction procurement contracts. The successful Offerors who are awarded Master Contracts
under this RFP must comply with the prompt payment requirements outlined in the Contract, §33
(see Attachment A). Additional information is available on the GOMA website at
http://www.oma.state.md.us/."
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SECTION 2 – SCOPE OF WORK
2.1 Scope
2.1.1 The scope of this solicitation encompasses the following five (5) functional areas. Manufacturer’s
Warranty is included with Functional Areas I, II, and III.
• Functional Area I - Servers and Associated Peripherals
• Functional Area II - Printers and Associated Peripherals
• Functional Area III - Network Communications Equipment
• Functional Area IV - Installation and Training Services
• Functional Area V- Manufacturer’s Extended Warranty
2.1.2 This solicitation does not include stand-alone software, laptops or desktops.
2.2 General Requirements
Depending upon the requirements of PORFP, the following shall apply:
2.2.1 Required Project Policies, Guidelines and Methodologies
The Master Contractor shall keep itself informed of and comply with all Federal, State and local
laws, regulations, ordinances, policies, standards and guidelines affecting IT projects applicable to
its activities and obligations under this Contract, as those laws, policies, standards and guidelines
may be amended from time to time, and it shall obtain and maintain, at its expense, all licenses,
permits, insurance, and governmental approvals, if any, necessary to the performance of its
obligations under this Contract. These may include, but are not limited to:
A) The State’s System Development Life Cycle methodology at: www.DoIT.maryland.gov -
keyword: SDLC;
B) The State Information Technology Security Policy and Standards at: www.DoIT.maryland.gov
- keyword: Security Policy;
C) The State Information Technology Project Oversight at: www.DoIT.maryland.gov - keyword:
IT Project Oversight;
D) The State of Maryland Enterprise Architecture at www.DoIT.maryland.gov - keyword: MTAF
E) The Master Contractor shall follow the project management methodologies that are consistent
with the Project Management Institutes Project Management Body of Knowledge Guide.
Contractor’s staff and subcontractors are to follow a consistent methodology for all PORFP
activities.
2.2.2 Master Contractors shall refund to the State within 30 calendar days of receipt of the returned
hardware, the purchase price of the returned hardware, including shipping costs. The State shall not
be charged restocking fees.
2.2.3 Master Contractors shall provide prepaid delivery, FOB (the delivery destination specified in the
PORFP) to any State eligible customer located within the State’s geographic boundaries. Unless
specified otherwise in a PORFP, all hardware is to be delivered, prepaid, to the location specified in
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a PORFP within ten (10) business days from the date of the receipt of the PO. The MSRP will be
construed to include delivery within ten (10) business days from the date of the receipt of the PO.
Similarly, provided a PORFP allows at least ten (10) business days delivery time, any price
proposed in response to a PORFP that is lower than MSRP will be construed to include delivery
within ten (10) business days from the date of the receipt of PO. If a PORFP specified delivery in
less than ten (10) business days (which will be termed an expedited delivery) and an Offeror
proposes the MSRP as its proposal price, the Offeror may include as a separate distinct charge, the
cost of the expedited delivery. However, if an Offeror proposes a price lower than the MSRP for a
PORFP that requires expedited delivery, the PORFP proposal price shall include the cost of the
expedited delivery and no separate, additional charge will be permitted.
2.2.4 Only Master Contractors, authorized by the manufacturer or distributor of the hardware, may
provide hardware, services or maintenance.
2.3 Functional Area I - Servers and Associated Peripherals
Includes, but is not limited to, the following brand or generic name equipment:
• Servers,
• Components,
• Assorted related accessories,
• Storage units,
• Peripherals.
This equipment also includes associated hardware and operating system software that may allow the
operation of the product as a stand-alone unit, a networked unit in a local area network (LAN), a networked
unit in a wide area network (WAN), wireless applications or any combination of the four.
2.4 Functional Area II- Printers and Associated Per ipherals
Includes, but is not limited to, the following brand or generic name equipment:
• A single or multi-functional printer,
• Print drivers that may allow the operation as a stand-alone unit to a microcomputer,
• A networked unit in a local area network (LAN),
• A networked unit in a wide area network (WAN),
• Wireless applications or any combination of the above.
This equipment also includes associated hardware and operating system software that is manufacturer
installed or manufacturer required.
2.5 Functional Area III- Network Communications Equipment
Data-centric communications equipment that includes, but is not limited to:
• Routers
• Gateways
• Switches
• Bridges
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• Repeaters
• Multiplexors
• Remote access devices
• Firewalls
• Appliances
• DSU/CSUs
• Intrusion detection systems
• Content switching
• Load balancing, intelligent traffic management DNS devices
• Network performance devices
• Console management and switching devices
This equipment also includes associated hardware and operating system software that is manufacturer
installed or manufacturer required.
2.6 Functional Area IV –Installation and Training Services
NOTE: If proposing Functional Area IV, Offerors must also propose the corresponding equipment in
Functional Area I, II, and or III.
The MBE subcontracting goal for Functional Area IV is 100%.
Installation and/or training services may only be purchased when purchasing hardware under Functional
Areas I, II, or III. Functional Area IV services may not be purchased alone. In addition, Functional Area
IV services may not exceed 49% of the total value of the PORFP. Hardware purchases acquired through
other State contracts requiring installation and training services must be provided via a separate vehicle
such as DoIT’s Consulting and Technical Services (CATS II or CATS+) contract or a stand-alone
procurement.
2.6.1 Installation services will be defined at the PORFP level. Installation services may include, but are
not limited to:
• The installation of the hardware with the configuration necessary to ensure that the hardware
operates properly in the Requesting Agency’s environment.
• The installation of equipment that requires product specific technical expertise, especially for
integration involving complex network systems or new technologies. These services typically
include: network and traffic engineering, capacity planning, configuration and customization of
the equipment.
• The preloading of agency software.
2.6.2 Training Services
Training may only be purchased contemporaneously with the original purchase of the hardware or
with the purchase of manufacturer’s extended warranty and shall include, but is not limited to:
• Formal on-site or off-site training that is planned in advance and that has a defined curriculum;
• Computer-based training that includes software that provides interactive, self-paced training at
your desktop, workstation, or laptop computer; and
• Web-based training that provides courses or classes that are accessible via an internal Intranet
or the Internet.
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2.7 Functional Area V – M anufacturer’s Extended Warranty
2.7.1 Manufacturer’s extended warranty service may be purchased in conjunction with or separately from
Functional Areas I, II and III, at any time. Only Master Contractors authorized by the manufacturer
or distributor of the hardware may provide manufacturer’s warranty services. Manufacturer’s
warranty service shall include, but is not limited to:
• Electronic media and consulting services, upgrades and enhancements for technology
advancements, improved functionality, and compatibility with new industry standards;
• Direct access to experienced consultants of the Hardware;
• Flexible service options including telephone or e-mail support;
• Timely problem resolution of reported discrepancies;
• Remote technical support;
• Online self-help functions;
• On-site warranty.
Any warranty period for equipment and services will not commence until acceptance of the equipment or
services by the Requesting Agency. All defective items must be replaced at no additional cost to the State.
If the products were provided under the Installation terms, the contractor is responsible for the installation
of the replacement equipment as defined in the PORFP. If the products were provided without installation,
the contractor, at its option and at no additional cost to the State, may provide on-site service or next-day
drop ship replacements for the Agency to install.
2.8 Warranty
Master Contractors shall provide the Manufacturer’s Warranty with their response to a PORFP for
Functional Areas I, II, and III. Master Contractors shall be responsible for coordinating warranty issues.
On-site warranty will begin upon acceptance of the hardware by the Requesting Agency. Acceptance will
be defined in the PORFP as either receipt or installation. On-site warranty means the Master Contractor
will either remotely access or travel, if necessary, to the facility where the warranty service is required at no
additional cost to the Requesting Agency during the manufacturer’s warranty period. The Requesting
Agency has the discretion of dealing directly with the manufacturer on any warranty issue. Upgraded
warranty requirements shall be defined in the PORFP by the Requesting Agency.
To ensure compliance with the requirements and specifications herein, the State may perform acceptance
tests within 30 days of receipt of:
1) The notice of completion of installation from the Master Contractor, or
2) The delivery of equipment supplied without installation and prior to acceptance and payment
for each item installed or delivered. The State does not assume ownership for equipment, nor
do warranty periods begin, until the Requesting Agency POC accepts the Master Contractor’s
product and work as fully operational as provided herein.
2.9 Procedure for Adding a Manufacturer’s Product Line
Each Master Contractor, in a Functional Area, may add additional manufacturer product lines, in that
Functional Area, throughout the life of the Hardware 2012 Master Contract. To add a manufacturer product
line, a Master Contractor must submit a Letter of Authorization from the manufacturer or distributor for
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each new product line proposed. Once the Letter of Authorization has been confirmed by DoIT , the
manufacturer product line will be added to that Master Contractor’s list of product lines available.
Requests to add new product lines, with the required Letters of Authorization, shall be submitted to the CM
for consideration by the 10th business day of each month. Approved requests will be added to the
Manufacturer/Master Contractor matrix by the 1st business day of the following month.
2.10 PORFP Procedures
2.10.1 PORFP Content
The Agency POC will submit a PORFP to all Master Contractors authorized to sell the
manufacturer product line requested. When generic specifications are used, a PORFP will be sent to
all master contractors for all manufacturers in a Functional Area. As an example, each PORFP
may contain the following information:
A) Requesting Agency;
B) Agency POC;
C) Description of the required Hardware;
D) Delivery requirements;
E) Invoicing instructions;
F) Required date for submission of proposal;
G) Installation requirements, if applicable;
H) Training requirements, if applicable;
I) Type of PORFP (Fixed Price or Time and Materials);
J) Manufacturer’s Warranty Service requirements, if applicable;
K) Performance period;
L) Warranty;
M) Security requirements, if applicable;
N) MBE requirements, if applicable; and
O) Conflict of Interest Affidavit.
2.10.2 PORFP Submission Requirements
Upon receipt of a PORFP, each Master Contractor shall, no later than the PORFP due date and
time, either prepare and submit a detailed proposal, or provide a PORFP Feedback Form explaining
why it does not intend to submit a Proposal. As an example, the Proposal may provide the
following:
A) Explanation of how the Master Contractor intends to meet the requirements of the PORFP;
B) Description of the proposed hardware;
C) Transportation and delivery schedule;
D) Installation services provided and schedule, if applicable;
E) Manufacturer’s warranty services provided, if applicable;
F) Training services provided and schedule, if applicable;
G) Guarantee that any operating software included will be virus free;
H) A statement that the Master Contractor is authorized by the manufacturer or distributor to
provide the hardware and/or services as of the date of the response;
I) Subcontractors, if any, including required letters of authorization;
J) Proposed price;
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K) Captured hardware manufacturer or hardware distributor screen shot of current MSRP as of
the date of the PORFP proposal submission. Subject to the approval of the State, a
comparable substitute directly from the hardware manufacturer or other hardware
distributor may be acceptable; and
L) Mercury Affidavit (Attachment G);
M) MBE documentation - PORFP Attachments D-1 (Certified MBE Utilization and Fair
Solicitation Affidavit) and D-2 (MBE Participation Schedule), if applicable.
2.10.3 Procedure for Awarding a PORFP
Evaluation criteria for award will be established at the PORFP level. The PO will be awarded to
the Master Contractor whose proposal is determined to be the most advantageous to the State,
considering price and the evaluation factors set forth in the PORFP. The Agency POC will initiate
and deliver a PO to the selected Master Contractor.
2.10.4 Delivery of Hardware and Services
Delivery of hardware, installation and/or training services and manufacturer’s warranty services,
shall be initiated only upon issuance of a PO authorized by the Requesting Agency.
2.11 Order Processing Procedure
2.11.1 The Master Contractor shall provide the order processing procedure (see section 3.4.2.4) necessary
to demonstrate how it will perform the requirements in a PORFP. The Master Contractor is
expected to establish a POC to provide overall management of the Contract work. The Master
Contractor shall manage dedicated personnel and all subcontractors.
2.11.2 The Master Contractor shall designate a primary POC, who will be responsible for the response to
any PORFPs and overall price, schedule, and technical performance. This individual will be the
principal POC throughout the duration of the Master Contract.
2.12 Insurance Requirements
2.12.1 The Master Contractor shall maintain property and casualty insurance with minimum limits
sufficient to cover losses resulting from or arising out of Master Contractor action or inaction in the
performance of the contract by the Master Contractor, its agents, servants, employees or
subcontractors.
2.12.2 The Master Contractor shall maintain a policy of general liability insurance that is of the proper
type and of sufficient limits that the State and its officials, employees, agents, servants, guests and
subcontractors are reasonably covered in the event of injury or death.
2.12.3 The State of Maryland will be named as an additional named insured on the policies of all property,
casualty, liability, and other types of insurance evidencing this coverage. Certificates of insurance
evidencing this coverage will be provided prior to the commencement of any activities in the
Master Contract. All insurance policies must be with a company licensed to do business in
Maryland.
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2.13 Invoicing
2.13.1 All invoices shall be submitted by the Master Contractor within the time period required in the
PORFP and shall include, at the minimum, the following information:
A) Name and address of the Requesting Agency being billed;
B) Master Contractor name;
C) Products(s) and/or service(s) purchased listed separately including the amount for each
individual charge (i.e., 5 – ABC Hardware @ $2,000 Total $10,000.00, 2 - CD Training @
$100.00 Total $200.00, Installation one-time cost $300.00);
D) Supporting Documentation (i.e. timesheets for Time and Materials PORFPs);
E) E-mail address/phone number of Master Contractor’s POC;
F) Remittance address;
G) Federal taxpayer identification or (if owned by an individual) Master Contractor’s social
security number;
H) Invoice period, invoice date, invoice number and amount due, and
I) PO number(s) being billed.
Invoices submitted without the required information will not be processed for payment until the Master
Contractor provides the required information.
2.13.2 The Master Contractor shall submit the invoices for any PO to the Requesting Agency identified in
the PO. The State is generally exempt from Federal excise taxes, Maryland sales and use taxes,
District of Columbia sales taxes and transportation taxes. The Master Contractor; however, is not
exempt from such sales and use taxes and may be liable for the same.
2.14 Personnel Qualifications (Functional Area IV)
2.14.1 Master Contractors shall only propose staff available at the time of the PORFP. In response to each
PORFP, Master Contractors shall provide personnel that satisfy the personnel qualifications
specified within Section 2.15 for each of the labor categories required under the specific PORFP.
A) Specific areas of required expertise may be further be defined in the PORFP. Master
Contractors shall certify that all proposed personnel meet the required qualifications.
B) The PORFP shall define specific requirements for the services required. The PORFP shall
clearly identify all applicable experiences related to the hardware.
C) Substitution of Education for Experience may be permitted at the discretion of the State.
The Requesting Agency shall approve or disapprove substitutions.
D) Substitution of Professional Certificates for Experience may be permitted at the discretion
of the State. Professional certification may be substituted for up to two (2) years of general
and specialized experience. The Requesting Agency shall approve or disapprove
substitutions.
E) Substitution of Experience for Education may be permitted at the discretion of the State.
The Requesting Agency shall approve or disapprove substitutions.
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2.14.2 Substitution of Personnel
A) Individuals proposed and accepted as personnel for PORFPs are expected to remain dedicated
throughout the term of the PORFP award. Substitutions will be allowed only when the
Requesting Agency specifically agrees to the substitution in writing or due to an emergency
circumstance as described below. All proposed substitutes of personnel must have
qualifications at least equal to that of the person initially proposed and evaluated and accepted
in the PORFP. The burden of illustrating this comparison shall be on the Master Contractor.
The resumes of the initially proposed personnel shall become the minimum requirement for
qualifications for successor personnel for the duration of the total PORFP term. If one or more
of the personnel are unavailable for work under a PORFP for a continuous period exceeding 15
calendar days, the Master Contractor shall immediately notify the Requesting Agency and
propose to replace personnel with personnel of equal or better qualifications within 15 calendar
days of notification to the Requesting Agency. All substitutions shall be made in accordance
with this provision.
B) During the performance period for a PORFP, no substitutions of personnel will be permitted
unless such substitutions are necessitated by an individual's sudden illness, death, or as
otherwise approved by the Requesting Agency. In any of these events, the Master Contractor
shall promptly notify the Requesting Agency and provide the information required above. All
proposed substitutions of personnel for other than emergency situations must be submitted in
writing, at least 15 business days in advance of the proposed substitution, to the Requesting
Agency, with the information required above. The Requesting Agency must agree to the
substitution in writing before such substitution shall become effective.
C) All requests for substitutions must provide a detailed explanation of the circumstances
necessitating the proposed substitutions, a resume of the proposed substitute, and any other
information requested by the Requesting Agency to make a determination as to the
appropriateness of the proposed substitution. All proposed substitutes must have educational
qualifications and work experience equal to or better than the resume initially proposed for
personnel; the burden of illustrating this comparison shall be on the Master Contractor.
D) Resumes shall be signed by all substituting individuals and their formal supervisor, and the
official resume of the previous employee shall be provided for comparison purposes.
2.15 Labor Categories and Qualifications
2.15.1 Training Specialist/Instructor
Duties: Conducts the research necessary to develop and revise training courses and prepares appropriate
training catalogs. Prepares all instructor materials (course outline, background material, and training aids).
Prepares all student materials (course manuals, workbooks, handouts, completion certificates, and course
critique forms). Trains personnel by conducting formal classroom courses, workshops, and seminars.
Education: A Bachelor's Degree from an accredited college or university with a major in
Education/Training in the areas of Computer Science, Information Systems, Engineering, Business, or other
related scientific or technical discipline. A Master's Degree is preferred. A Master’s Degree in one of the
above disciplines equals one year specialized and two years general experience.
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General Experience: Must have four (4) years of experience in information systems development,
training, or related fields.
Specialized Experience: At least two (2) years of experience in developing and providing IT and end user
training on computer hardware and application software.
2.15.2 Project Manager
Duties: The Project Manager is assigned the management of a specific project and the work performed
under assigned POs. Performs day-to-day management of the project, identifies issues and risks and
recommends possible issue and risk mitigation strategies associated with the project. Acts as a facilitator
between a State agency and IT contractor. Is responsible for ensuring that work performed under PO is
within scope, consistent with requirements and delivered on time and on budget. Identifies critical paths,
tasks, dates, testing, and acceptance criteria. Provides solutions to improve efficiency (e.g., reduce costs
while maintaining or improving performance levels). Monitors issues and provides resolutions for up-to-
date status reports. Demonstrates excellent writing and oral communications skills.
Education: Bachelor’s Degree from an accredited college or university in Engineering, Computer Science,
Information Systems, Business or other related discipline. Master’s degree or project management
certification is preferred.
General Experience: At least five (5) years of experience in project management.
Specialized Experience: At least five (5) years of experience in managing IT related projects and must
demonstrate a leadership role in at least three successful projects that were delivered on time and on budget.
2.15.3 Subject Matter Expert
Duties: Defines the problems and analyzes and develops plans and requirements in the subject matter area
for moderately complex-to-complex systems. Coordinates and manages the preparation of analysis,
evaluations, and recommendations for proper implementation of programs and systems specifications
including, but not limited to: information technology, health care, education, public safety, social services,
human resources, transportation, and environment.
Education: A Bachelor's Degree from an accredited college or university with a major in Computer
Science, Information Systems, Engineering, Business, or other related scientific or technical discipline. A
Master's Degree is preferred. A Master’s Degree in one of the above disciplines equals one year specialized
and two years general experience.
General Experience: Must have five (5) years of experience in the IT field.
Specialized Experience: At least five (5) years of combined new and related older technical experience in
the IT field directly related to the required area of expertise.
2.15.4 Network Administrator
Duties: Performs a variety of network management functions related to the operation, performance or
availability of data communications networks. Experience with cable/LAN meters, protocol analyzers,
SNMF and RMON based software products. Knowledge of Ethernet, FDDI and high speed WANs and
routers. Analyze client LANs/WANs, isolate source of problems, and recommend reconfiguration and
implementation of new network hardware to increase performance. Requires an advanced knowledge of
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network operating systems. Modifies command language programs, network start up files,
assigns/reassigns network device logicals, and participates in load balancing efforts throughout the network
to achieve optimum device utilization and performance. Establishes new user accounts on the network
granting access to required network files and programs. Manages network Email functions. Establishes
mailboxes and monitors mail performance on the network. Troubleshoots network/user problems, presents
resolutions for implementation. Prepares a variety of network resource reports.
Education and other Requirements: An Associate's degree from an accredited college or university in
Computer Science, Information Systems, Engineering or a related field, or two years of college or
university study in Computer Science, Information Systems, Engineering or a related field. If applicable,
should be certified as a network administrator for a specific network operating system as defined in the
State solicitation. Certification criteria is determined by the network operating system manager. An
additional year of specialized experience may be substituted for the required education.
General Experience: Two (2) years of experience in a computer-related field.
Specialized Experience: One (1) year of experience in one or more of the following areas: data
communications engineering, data communications hardware or software analysis, network administration
or management, data communications equipment installation and maintenance, or computer systems
administration and management.
2.15.5 Senior Network Engineer
Duties: Responsible for the design and implementation of large data communications or
telecommunications networks. Plans and monitors the installation of communications circuits. Manage and
monitor local area networks and associated equipment (e.g., bridges, routers, modem pools, and gateways)
Conducts short and long-term plan to meet c communications requirements. Responsible for the design and
implementation of LANs/WANs using hub switching and router technology. Performs hardware/software
analyses to provide comparative data of performance characteristics and suitability within the existing
systems environment. Prepares tradeoff studies and evaluations for vendor equipment. Generates network
monitoring/performance report, for LAN/WAN utilization studies. Recommends network design
changes/enhancements for improved system availability and performance.
Education: A Bachelor's degree from an accredited college or university with a major in Computer
Science, Information Systems, Engineering or other related scientific or technical discipline. If applicable,
shall be certified as network engineer for the specific network operating system as defined in the State task
request. The certification criteria are determined by the network operating system vendor. An additional
year of specialized experience may be substituted for the required education.
General Experience: Five (5) years of experience in a computer-related field.
Specialized Experience: Seven (7) years of progressive experience in planning, designing, implementation,
and analyzing data or telecommunications networks. Must have experience with network
analysis/management tools and techniques and be familiar with Personal Computers (PCs) in a client/server
environment. Must be familiar with IT technology and long distance and local carrier management.
2.15.6 Junior Network Engineer
Duties: Perform similar duties as directed or instructed by the senior network engineer. Conduct studies
pertaining to network configuration and monitor traffic patterns such as protocols and peak usage. Stays
current with technological changes.
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Education: A Bachelor's degree from an accredited college or university with a major in Computer
Science, Information Systems, Engineering or other related scientific or technical discipline. An additional
year of specialized experience may be substituted for the required education.
General Experience: Three (3) years of experience in a computer-related field
Specialized Experience: Three (3) years of progressive experience in planning, designing, implementation,
and analyzing data or telecommunications networks.
2.15.7 Senior Network Technician
Duties: Adds or exchanges externally connected PC accessories and data communications equipment.
Troubleshoots LANs/WANs and provides problem resolution for PC and data communications hardware.
Adds or replaces boards, batteries, disks drives, and other PC components. Installs cabling for networks
such as LANs and WANs. Attaches, detaches, or exchanges LAN cabling to workstations, servers, network
devices, telecommunications and data communications equipment. Works independently, may provide
supervision and guidance to 2 or more network technicians.
Education: An Associate's degree from an accredited college or university in Computer Science,
Information Systems, Engineering or a related field; or Technical 'school certificate of completion in the
data communications field including cable installation; or the equivalent military training. An additional
year of specialized experience may be substituted for the required education.
General Experience: Five (5) years of experience in a computer-related field.
Specialized Experience: Five (5) years of experience in the following areas: installation, operation, and
maintenance of data communication networks and devices.
2.15.8 Junior Network Technician
Duties: Perform similar duties as directed or instructed by the senior network engineer. Adds or exchanges
externally connected PC accessories and data communications equipment including cables, boards,
batteries, disks drives, and other PC components. Attaches, detaches, or exchanges LAN cabling to
workstations, servers, network devices, telecommunications and data communications equipment.
Education: An Associate's degree from an accredited college or university in Computer Science,
Information Systems, Engineering or a related field; or Technical school certificate of completion in the
data communications field including cable installation, or the equivalent military training. An additional
year of specialized experience may be substituted for the required education.
General Experience: Two (2) years of experience in a computer-related field.
Specialized Experience: A minimum of two (2) years of experiences installing and maintaining shared
resources for communication networks and devices.
2.15.9 Senior Computer Software/Integration Analyst
Duties: Must be knowledgeable in implementing computer systems in a phased approach of requirements
analysis and conceptual design, site survey, system design review, critical design review, installation,
integration, and testing. Must be knowledgeable in performing requirements analysis for a wide range of
users in areas such as office automation, and finance and accounting. Must be able to present system
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designs for user approval at formal reviews. Must be capable of performing configuration management,
software integration, interpreting software test results, and recommending solutions for unsatisfactory test
results. Must be knowledgeable in life-cycle support, including maintenance, administration, and
management. Must be able to provide solutions to identified software problem reports.
Education: A Bachelor's Degree from an accredited college or university with a major in Computer
Science, Information Systems, Engineering, Business, or other related scientific or technical discipline. A
Master's Degree is preferred. A Master’s Degree in one of the above disciplines equals one year specialized
and two years general experience.
General Experience: Must have five (5) years of progressive working experience as a computer specialist
or a computer systems analyst.
2.15.10 Junior Computer Systems Analyst
Duties: Develops requirements for information systems from a project’s inception to conclusion. Develops
required specifications for simple to moderately complex systems. Assists senior computer systems analyst
in preparing input and test data for the proposed system.
Education: A Bachelor's Degree from an accredited college or university with a major in Computer
Science, Information Systems, Engineering, Business, or other related scientific or technical discipline or
three (3) years of equivalent experience in a related field. A Master’s Degree in one of the above disciplines
equals one year specialized and two years general experience.
General Experience: Must have three (3) years of computer experience in assignments of a technical
nature working under close supervision and direction.
Specialized Experience: At least one (1) year of experience in analyzing and programming applications on
large-scale or mid-tier computers (or LAN-based) with a minimum of one (1) year of design and
programming of moderately complex IT systems.
2.16 Travel Reimbursement
Routine travel is travel within a 50-mile radius of Requesting Agency’s base location, as identified in the
PORFP, or the Master Contractor’s facility, whichever is closer to the training or installation site. There
will be no payment for labor hours for travel time or reimbursement for any travel expenses for work
performed within these radiuses or at the Master Contractor’s facility.
Non-routine travel is travel beyond the 50-mile radius of agency’s base location, as identified in the
PORFP, or the Master Contractor’s facility, whichever is closer to the training or installation site. Non-
routine travel will be identified within a PORFP, if appropriate, and will be reimbursed according to the
State’s travel regulations and reimbursement rates, which can be found at: www.dbm.maryland.gov -
keyword: Fleet Management. If non-routine travel is conducted by automobile, the first 50 miles of such
travel will be treated as routine travel and will not be reimbursed. The Master Contractor may bill for labor
hours expended in traveling by automobile beyond the identified 50-mile radius.
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2.17 Reporting
2.17.1 MBE Reporting
The Master Contractor shall provide the PO Manager MBE reports as required in Attachment D.
2.17.2 Specialized Reports
Additional reports may be requested in the PORFP.
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SECTION 3 – PROPOSAL FORMAT
3.1 Two Part Submission
Offerors shall submit proposals in two separate volumes:
Volume I - TECHNICAL PROPOSAL
Volume II - FINANCIAL PROPOSAL
Offerors will be required to submit only one (1) Proposal, even if proposing multiple functional areas.
Each Functional Area will be evaluated as a separate and independent proposal. As described below, the
Technical Proposal shall contain a section on Offeror experience and capabilities and separate sections for
each Functional Area proposed. Offerors must follow the instructions within this section.
3.2 Proposals
Volume I- Technical Proposal shall be sealed separately from Volume II- Financial Proposal, but submitted
simultaneously to the Procurement Officer. An unbound original, so identified and two (2) copies of each
volume are to be submitted. An electronic version (CD or flash drive) of both the Volume I- Technical
Proposal in MS Word format and the Volume II- Financial Proposal in MS Word and signed PDF format
shall also be submitted with the unbound originals technical or financial volumes, as appropriate.
Electronic media shall bear a label on the outside containing the RFP number and name, the name of the
Offeror, and the volume number.
3.3 Submission
Each Offeror is required to submit a separate sealed package for each Volume, which is to be labeled
Volume I- Technical Proposal and Volume II- Financial Proposal respectively. Each sealed package shall
bear the RFP title and number, name and address of the Offeror, the Volume number (I or II), functional
areas proposed and closing date and time for receipt of the proposals on the outside of the package.
Offerors shall submit only one Technical Proposal and one Financial Proposal, even if proposing to all five
(5) Functional Areas.
Offerors shall include a separate section for each Functional Area proposed describing what part of that
Functional Area (as described in Section 2) the Offeror has the ability to provide and how the Offeror
qualifies to provide what is proposed. All pages of both proposal Volumes shall be consecutively
numbered from beginning (Page 1) to end (Page “x”).
3.4 Volume I – Technical Proposal
3.4.1 Transmittal Letter
A transmittal letter shall accompany the technical proposal. The purpose of this letter is to transmit
the proposal and acknowledge the receipt of any addenda. The transmittal letter should be brief and
signed by an individual who is authorized to commit the Offeror to the services and requirements as
stated in this RFP. See Offeror’s Responsibilities in Section 1.20.
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3.4.2 Format of Technical Proposal
Inside a sealed package described in Section 3.3, above, an unbound original, to be so labeled, two
(2) copies and the electronic version shall be provided. Section 2 of this RFP provides
requirements and Section 3 provides reply instructions. The paragraphs in these RFP sections are
numbered for ease of reference. In addition to the instructions below, the Offeror’s Technical
Proposal shall be organized and numbered in the same order as this RFP. This proposal
organization will allow State officials and the Evaluation Committee to “map” Offeror responses
directly to RFP requirements by paragraph number.
The Technical Proposal shall include the following sections in this order:
3.4.2.1 Title and Table of Contents
The Technical Proposal shall begin with a title page bearing the name, address, eMM# and Federal Tax ID#
of the Offeror and the name and number of this RFP. A table of contents shall follow the title page for the
Technical Proposal.
3.4.2.2 Executive Summary
The Offeror shall condense and highlight the contents of the Technical Proposal in a separate section titled
“Executive Summary”. The Summary shall provide a broad overview of the contents of the entire proposal.
The summary shall also identify any exceptions the Offeror has taken to the requirements of this RFP, the
Contract (Attachment A), or any other attachments. If there are no exceptions taken, the Offeror is to state
that they have no exceptions to the requirements of this RFP, the Contract (Attachment A), or any other
attachments. Exceptions to terms and conditions may result in having the proposal deemed unacceptable or
classified as not reasonably susceptible of being selected for award. In addition, the Offeror shall clearly
identify each functional area for which they are proposing. Offerors certified under the Small Business
Reserve and certified as a Maryland Minority Business Enterprise (MBE) are asked to provide those
certification numbers.
3.4.2.3 Manufacturer’s or Distributor’s Letter of Authorization
A) Offerors must state each manufacturer product line that they propose selling through the
Hardware 2012 Master Contract.
B) Manufacturer or distributor’s Letters of Authorization are required for each manufacturer
product line proposed by the Offeror. An Offeror may not propose a manufacturer product line
without providing the required Letter of Authorization at the time it submits its proposal. The
Letter of Authorization shall certify that the Offeror is an authorized reseller or distributor of
the manufacturer’s hardware, or is authorized to provide installation, training and/or
maintenance services. The Letter of Authorization shall be on the manufacturer or distributor’s
letterhead or in a manufacturer or distributor’s e-mail. Each Letter of Authorization or e-mail
should provide the following information:
• Manufacturer or distributor POC name and the name of an alternate for verification;
• Manufacturer or distributor POC mailing address;
• Manufacturer or distributor POC telephone number;
• Manufacturer or distributor POC email address;
• If available, a Re-seller Identifier.
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3.4.2.4 Explanation of Offeror’s Order Fulfillment Capabilities, including
• Order receipt;
• Order processing and routing;
• Order tracking;
• Customer service and inquiry support;
• Shipping, including express shipping;
• Invoicing;
• Returns;
• Quality control;
• Order turnaround time;
• Organization Chart.
3.4.2.5 Offeror Experience and Capabilities
This section shall include the following:
A) Offeror’s organization experience, type of hardware and/or services provided and the length of
time the organization has been providing the hardware and/or services.
B) State of Maryland Experience
If applicable, the Offeror shall submit a list of all contracts it currently holds or has held within
the past five years with any government entity of the State of Maryland. For each identified
contract, the Offeror shall provide:
• The State contracting entity;
• A brief description of the services/goods provided;
• The dollar value of the contract;
• The term of the contract;
• Whether the contract was terminated prior to the specified original contract termination
date;
• Whether any available renewal option was not exercised; and
• The State employee contact person (name, title, telephone number and e-mail address.
This information will be considered as part of the experience and past performance
evaluation criteria in the RFP.
3.4.2.6 Other Required Submissions
A) Completed Bid/Proposal Affidavit (Attachment B)
B) A copy of the Offeror’s current certificate of insurance described in Section 2.12 (property,
casualty and liability), which, at a minimum, shall contain the following:
• Carrier (name and address);
• Type of insurance;
• Amount of coverage;
• Period covered by insurance;
• Exclusions.
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C) Completed Conflict of Interest Affidavit and Disclosure (Attachment F)
E) Offeror MBE Form – Attachment D-1A- Hardware 2012 Master Contractor
Acknowledgement of Task Order MBE Requirements.
3.5 Volume II - Financial Proposal
Under separate sealed cover from the Technical Proposal and clearly identified in the format requirements
identified in Section 3.4, the Offeror shall submit an original unbound copy, two (2) copies, and an
electronic versions of the Financial Proposal as follows:
3.5.1 For Function al Area I, II, and III - Hardware and Functional Area V-Manufacturer’s Extended
Warranty:
Offeror’s shall certify by signing Attachments E-I, E-II, E-III, and E-V (as applicable), that the
Offeror shall provide pricing no higher than the MSRP published as of the date of the response to the
PORFP The MSRP is being used as a ceiling for price only.
For items not having an MSRP, as in the case when a manufacturer is the only distributor of their
own product, then the manufacturer’s proposed price on its letterhead will be sufficient. The State
will consider the procurement to be competitive if two or more qualified proposals are received in
response to a PORFP. If only one response is received for a PORFP, the procurement officer is
required to provide a written determination that the price is fair and reasonable.
3.5.2 For Functional Area IV – Installation and Training Services:
A) Installations Services:
If proposing to provide installation services, the Offeror must complete Attachment E-IV-
Installation and Training Services Labor Rate Schedule. The prices entered on form D-IV are the
maximum prices that may be proposed by a Master Contractor for these services for the duration
of the Master Contract term. Prices at the PORFP level may be proposed at or below the prices
on form D-IV, and will be fixed for the duration of the associated PORFP. When combined with
a hardware purchase in the PORFP, the price(s) for installation must be priced separately from
the price(s) of the hardware in the PORFP Proposal.
B) Training Services:
If proposing to provide training services, the Offeror must complete Attachment E-IV -
Installation and Training Services Labor Rate Schedule. The prices entered on form D-IV are the
maximum prices that may be proposed by a Master Contractor for these services for the duration
of the Master Contract term. Prices at the PORFP level may be proposed at or below the prices
on form D-IV, and will be fixed for the duration of the associated PORFP. When combined with
a hardware purchase in the PORFP, the price(s) for training must be priced separately from the
prices(s) of the hardware in the PORFP Proposal.
Complete the price sheets as provided in Attachment E-IV- Price Proposal Form Instructions.
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SECTION 4 – EVALUATION CRITERIA AND SELECTION PROCEDURE
4.1 Evaluation Criteria
Master Contracts will be awarded to all qualified Offerors in accordance with the Competitive Sealed
Proposals procurement process under Code of Maryland Regulations 21.05.03.
4.2 Technical Criteria
The criteria to be applied to each Technical Proposal are listed in descending order of importance:
• Letter of Authorization (Sec.3.4.2.3)
• Offeror’s order fulfillment capabilities (Sec. 3.4.2.4)
• Offeror’s experience (Sec. 3.4.2.5)
4.3 Financial Criteria
Financial Proposals will be evaluated separately. Prices set by Master Contracts are the maximum prices
the State will pay for any hardware, installation and training, and/or manufacturer’s extended warranty.
4.4 Reciprocal Preference
Although Maryland law does not authorize procuring agencies to favor resident Offerors in awarding
procurement contracts, many other states do grant their resident businesses preferences over Maryland
contractors. Therefore, as described in COMAR 21.05.01.04, a resident business preference will be given
if: a responsible Offeror whose headquarters, principal base of operations, or principal site that will
primarily provide the services required under this RFP that is 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 procurement contract. The
preference given shall be identical to the preference that the other state, through law, policy or practice
gives to its residents.
4.5 Selection Procedures
4.5.1 General Select ion Process
Master Contracts will be awarded in accordance with the Competitive Sealed Proposals process
under Code of Maryland Regulations 21.05.03. The Competitive Sealed Proposals method is based
on discussions and revision of proposals during these discussions.
Accordingly, the State may hold discussions with all Offerors judged reasonably susceptible of
being selected for award, or potentially so. However, the State also reserves the right to make an
award without holding discussions. In either case of holding discussions or not doing so, the State
may determine an Offeror to be not responsible and/or an 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 the review of those proposals. If the State finds an Offeror to be not responsible
and/or an Offeror’s Technical Proposal to be not reasonably susceptible of being selected for
award, an Offeror’s financial proposal will be returned unopened.
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4.5.2 Selection Process Sequence
4.5.2.1 The first step in the process will be an evaluation for technical merit. The purpose of this
evaluation will be to assure a full understanding of the State’s requirements and the Offeror’s
ability to perform.
4.5.2.2 Offerors must confirm in writing any substantive clarification of, or change in, their proposals made
in the course of clarification requests. Any such written clarification or change then becomes part
of the Offeror’s proposal.
4.5.2.3 For Functional Area IV, the financial proposal of each qualified Offeror will be evaluated
separately from the technical evaluation. After a review of the financial proposals of qualified
Offerors, the Procurement Officer may again conduct discussions to further evaluate the Offeror’s
entire proposal.
4.5.2.4 When in the best interest of the State, the Procurement Officer may permit Offerors who have
submitted acceptable proposals to revise their initial proposals and submit, in writing, best and final
offers.
4.5.3 Awar d Determination
Upon completion of all discussions and negotiations, the Procurement Officer will recommend
award of a Master Contract to all technically qualified Offeror(s).
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ATTACHMENT A – Hardwa re and Associated Equipment and Services 2012 Contract
THIS CONTRACT is made as of this ______________day of _________, 20__ by and
between ___________________________ and the MARYLAND DEPARTMENT OF
INFORMATION TECHNOLOGY.
IN CONSIDERATION of the premises and the covenants herein contained, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. Definitions
In this Contract, the following words have the meanings indicated:
1.2 “Contract” means this Contract for Hardware and Associated Equipment and Services 2012.
1.3 “Contractor” means _________________________________ whose principal business
address is ________________________________________________________ and whose
principal office in Maryland is ________________.
1.4 “Contract Manager” means the individual identified in section 1.7 of the RFP or a successor
designated by the Department.
1.5 “Department” means the Maryland Department of Information Technology.
1.6 “Financial Proposal” means the Contractor’s Financial Proposal dated _____________.
1.7 Installation means transferring manufacturer’s electronic media to computer systems so that
the Hardware and Associated Equipment and Services will provide the features and functions
generally described in the User Documentation.
1.8 “Purchase Order (PO)” authorizes Contractor to proceed with delivery of products and/or any
services requested via a PORFP.
1.9 “PORFP” means Purchase Order Request for Proposals.
1.10 “Procurement Officer” means the individual identified in section 1.6 of the RFP or a
successor designated by the Department.
1.11 “RFP” means the Request for Proposals for Hardware and Associated Equipment and
Services, No. 060B2490022 dated June 26, 2012 and any amendments thereto issued in
writing by the State.
1.12 “Hardware and Associated Equipment and Services 2012” means those services described in
Section 2 of the RFP.
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1.13 “State” means the State of Maryland.
1.14 “Technical Proposal” means the Contractor’s Technical Proposal, dated _____________.
2. Scope of Work
2.1 The Contractor shall provide Hardware and Associated Equipment and Services, Training
and Installation and/or Manufacturer’s Extended Warranty, for the State as described in the
PO and the PORFP, in one or more of the five (5) functional areas as follows:
__________
__________
__________
__________
__________
These services shall be provided in accordance with the terms and conditions of this Contract
and the following Exhibits, which are attached and incorporated herein by reference. If there
are any inconsistencies between this Contract and Exhibits A, through G, the terms of this
Contract shall control. If there is any conflict among the Exhibits, the following order of
precedence shall determine the prevailing provision.
Exhibit A - The RFP.
Exhibit B – Purchase Order (when executed).
Exhibit C – PORFP (when released).
Exhibit D – Master Contractor’s response to the PORFP (when submitted).
Exhibit E- The Technical Proposal.
Exhibit F - The Financial Proposal.
Exhibit G - State Contract Affidavit, executed by the Contractor and dated ________.
2.2 The Procurement Officer may, at any time, by written order, make changes in the work
within the general scope of the Contract, the PORFP or the PO. No other order, statement or
conduct of the Procurement Officer or any other person shall be treated as a change or entitle
the Contractor to an equitable adjustment under this section. Except as otherwise provided in
this Contract, if any change under this section causes an increase or decrease in the
Contractor’s cost of, or the time required for, the performance of any part of the work,
whether or not changed by the order, an equitable adjustment in the Contract price shall be
made and the Contract modified in writing accordingly. The Contractor must assert in
writing its right to an adjustment under this section within thirty (30) days of receipt of
written change order and shall include a written statement setting forth the nature and cost of
such claim. No claim by the Contractor shall be allowed if asserted after final payment under
this Contract. Failure to agree to an adjustment under this section shall be a dispute under
Article 10, Disputes. Nothing in this section shall excuse the Contractor from proceeding
with the Contract as changed.
2.3 The Contract may be modified only after such approvals as are required under Maryland law,
and only by a writing executed by the authorized representatives of the parties.
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3. Time of Performance
The Contractor shall provide services in accordance with this Master Contract and any
PORFP. The term of this Contract is for a period of 15 years, beginning on ___________,
2012 and ending __________, 2027 unless terminated earlier as provided in this Master
Contract.
4. Consideration and Payment
4.1 In consideration of the satisfactory performance of the work set forth in this Contract and any
PORFP, the Department shall pay the Contractor in accordance with the not-to-exceed rates
and terms of Exhibit C, Contractor’s Financial Proposal. POs that are on a time and
materials basis shall include a not-to-exceed ceiling for payments. Any work performed by
the Contractor in excess of the ceiling amount of any PO without the prior written approval
of the Contract Manager is at the Contractor’s risk of non-payment. Payments under POs
issued on a fixed price basis shall be limited to the price specified in the PORFP, regardless
of the actual cost to the Contractor.
4.2 Invoices must be provided in the format and on the schedule identified in the PORFP. Each
invoice must reflect the Contractor’s federal tax identification number, which is
____________. The Contractor’s eMM identification number is ________________.
Payments to the Contractor pursuant to this Contract shall be made no later than 30 days after
the State’s receipt of a proper invoice from the Contractor. Charges for late payment of
invoices, other than as prescribed by Title 15, Subtitle 1, of the State Finance and
Procurement Article, Annotated Code of Maryland, as from time to time amended, are
prohibited. PORFPs may specify periodic payments based on deliverables or stages of
completion. A PORFP may specify that a portion of the payments due will be withheld until
completion of the PO. The amount withheld from each payment shall be paid to the
Contractor within thirty (30) days of the State’s acceptance of all deliverables required under
the PO and receipt from the Contractor of a release in a form prescribed by the State for any
claims arising out of or related to the PORFP. The final payment under this Contract will not
be made until after certification is received from the Comptroller of the State that all taxes
have been paid.
4.3 In addition to any other available remedies if, in the opinion of the Procurement Officer, the
Contractor fails to perform in a satisfactory and timely manner, the Procurement Officer may
refuse or limit approval of any invoice for payment, and may cause payments to the
Contractor to be reduced or withheld until such time as the Contractor meets performance
standards as established by the Procurement Officer pursuant to this Contract.
4.4 The State will use electronic funds transfer to pay the Contractor for this Contract and any
POs there under and any other State payments due Contractor unless the State’s Comptroller
Office grants the Contractor an exemption.
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5. PORFPs
A PORFP may specify terms in addition to the terms specified herein. Such additional terms
may include warranties, deliverables, and acceptance test requirements. PORFPs and POs
may not limit the State’s rights as provided by law, in this Contract, or in the RFP and may
not change the terms of this Contract or the RFP.
6. Rights to Records
6.1 The Contractor agrees that all documents and materials, including but not limited to, reports,
drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics,
mechanical, artwork, computations and data prepared by the Contractor for purposes of this
Contract shall be the sole property of the Department and shall be available to the
Department at any time. The Department shall have the right to use the same without
restriction and without compensation to the Contractor other than that specifically provided
by this Contract.
6.2 The Contractor agrees that at all times during the term of this Contract and thereafter, the
works created and services performed under this Contract shall be “works made for hire” as
that term is interpreted under U.S. copyright law. To the extent that any products created
under this Contract are not works for hire for the Department, the Contractor hereby
relinquishes, transfers, and assigns to the State all of its rights, title, and interest (including all
intellectual property rights) to all such products created under this Contract, and will
cooperate reasonably with the State in effectuating and registering any necessary
assignments.
6.3 The Contractor shall report to the Department, promptly and in written detail, each notice or
claim of copyright infringement received by the Contractor with respect to all data delivered
under this Contract.
6.4 The Contractor shall not affix any restrictive markings upon any data and if such markings
are affixed, the Department shall have the right at any time to modify, remove, obliterate, or
ignore such warnings.
6.5 Upon termination of this Contract, the Contractor, at its own expense, shall deliver any
equipment, Hardware and Associated Equipment and Services or other property provided by
the State to the place designated by the Procurement Officer.
7. Confidentiality
Subject to the Maryland Public Information Act and any other applicable laws, all
confidential or proprietary information and documentation relating to either party (including
without limitation, any information or data stored within the Contractor’s computer systems)
shall be held in absolute confidence by the other party. Each party shall, however, be
permitted to disclose relevant confidential information to its officers, agents and employees
to the extent that such disclosure is necessary for the performance of their duties under this
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Contract, provided the data may be collected, used, disclosed, stored and disseminated only
as provided by and consistent with the law. The provisions of this section shall not apply to
information that (a) is lawfully in the public domain; (b) has been independently developed
by the other party without violation of this Contract; (c) was already in the possession of
such party; (d) was supplied to such party by a third party lawfully in possession thereof and
legally permitted to further disclose the information; or (e) which such party is required to
disclose by law.
8. Loss of Data
In the event of loss of any State data or records where such loss is due to the intentional act,
omission, or negligence of the Contractor or any of its subcontractors or agents, the
Contractor shall be responsible for recreating such lost data in the manner and on the
schedule set by the Contract Manager. The Contractor shall ensure that all data is backed up
and is recoverable by the Contractor.
9. Non-Hiring of Employees
No official or employee of the State of Maryland as defined under State Government Article
section 15-102, Annotated Code of Maryland, whose duties as such official or employee
include matters relating to or affecting the subject matter of this Contract shall, during the
pendency and term of this Contract and while serving as an official or employee of the State
become or be an employee of the Contractor or any entity that is a subcontractor on this
Contract.
10. Disputes
This Contract shall be subject to the provisions of Title 15, Subtitle 2, of the State Finance
and Procurement Article of the Annotated Code of Maryland, as from time to time amended,
and COMAR 21.10 (Administrative and Civil Remedies). Pending resolution of a claim, the
Contractor shall proceed diligently with the performance of the Contract in accordance with
the Procurement Officer’s decision. Unless a lesser period is provided by applicable statute,
regulation, or the Contract, the Contractor must file a written notice of claim with the
Procurement Officer within 30 days after the basis for the claim is known or should have
been known, whichever is earlier. Contemporaneously with or within 30 days of the filing of
a notice of claim, but no later than the date of final payment under the Contract, the
Contractor must submit to the Procurement Officer its written claim containing the
information specified in COMAR 21.10.04.02.
11. Maryland Law
This Contract shall be construed, interpreted, and enforced according to the laws of the State
of Maryland. The Maryland Uniform Computer Information Transactions Act (Commercial
Law Article, Title 22 of the Annotated Code of Maryland) does not apply to this Contract or
any software license acquired hereunder. Any and all references to the Annotated Code of
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Maryland contained in this Contract shall be construed to refer to such Code sections as from
time to time amended.
12. Nondiscrimination in Employment
The Contractor agrees: (a) not to discriminate in any manner against an employee or
applicant for employment because of race, color, religion, creed, age, sex, marital status,
national origin, ancestry, or disability of a qualified individual with a disability; (b) to
include a provision similar to that contained in subsection (a), above, in any subcontract
except a subcontract for standard commercial supplies or raw materials; and (c) to post and to
cause subcontractors to post in conspicuous places available to employees and applicants for
employment, notices setting forth the substance of this clause.
13. Contingent Fee Prohibition
The Contractor warrants that it 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 Contractor to solicit or secure this
Contract, and that it 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 other consideration contingent on the making of this
Contract.
14. Non-availability of Funding
If the General Assembly fails to appropriate funds or if funds are not otherwise made
available for continued performance for any fiscal period of a PO under this Contract
succeeding the first fiscal period, the PO shall be canceled automatically as of the beginning
of the fiscal year for which funds were not appropriated or otherwise made available;
provided, however, that this will not affect either the State’s rights or the Contractor’s rights
under any termination clause in this Contract. The effect of termination of the PO hereunder
will be to discharge both the Contractor and the State from future performance of the PO, but
not from their rights and obligations existing at the time of termination. The Contractor shall
be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized
in the price of the PO. The State shall notify the Contractor as soon as it has knowledge that
funds may not be available for the continuation of the PO for each succeeding fiscal period
beyond the first.
15. Termination for Cause
If the Contractor fails to fulfill its obligations under this Contract properly and on time, or
otherwise violates any provision of the Contract, the State may terminate the Contract by
written notice to the Contractor. The notice shall specify the acts or omissions relied upon as
cause for termination. All finished or unfinished work provided by the Contractor shall, at
the State’s option, become the State’s property. The State of Maryland shall pay the
Contractor fair and equitable compensation for satisfactory performance prior to receipt of
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notice of termination, less the amount of damages caused by the Contractor’s breach. If the
damages are more than the compensation payable to the Contractor, the Contractor will
remain liable after termination and the State can affirmatively collect damages. Termination
hereunder, including the termination of the rights and obligations of the parties, shall be
governed by the provisions of COMAR 21.07.01.11B.
16. Termination for Convenience
The performance of work under this Contract may be terminated by the State in accordance
with this clause in whole, or from time to time in part, whenever the State shall determine
that such termination is in the best interest of the State. The State will pay all reasonable
costs associated with this Contract that the Contractor has incurred up to the date of
termination, and all reasonable costs associated with termination of the Contract; provided,
however, the Contractor shall not be reimbursed for any anticipatory profits that have not
been earned up to the date of termination. Termination hereunder, including the
determination of the rights and obligations of the parties, shall be governed by the provisions
of COMAR 21.07.01.12 (A) (2).
17. Delays and Extensions of Time
The Contractor agrees to perform the work under this Contract continuously and diligently.
No charges or claims for damages shall be made by the Contractor for any delays or
hindrances from any cause whatsoever during the progress of any portion of the work
specified in this Contract. Time extensions will be granted only for excusable delays that
arise from unforeseeable causes beyond the control and without the fault or negligence of the
Contractor, including but not restricted to acts of God, acts of the public enemy, acts of the
State in either its sovereign or contractual capacity, acts of another contractor in the
performance of a contract with the State, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, or delays of subcontractors or suppliers arising from
unforeseeable causes beyond the control and without the fault or negligence of either the
Contractor or the subcontractors or suppliers.
18. Suspension of Work
The State unilaterally may order the Contractor in writing to suspend, delay, or interrupt all
or any part of its performance for such period of time as the Procurement Officer or Contract
Manager may determine to be appropriate for the convenience of the State.
19. Pre-Existing Regulations
In accordance with the provisions of Section 11-206 of the State Finance and Procurement
Article, Annotated Code of Maryland, as from time to time amended, the regulations set forth
in Title 21 of the Code of Maryland Regulations (COMAR 21) in effect on the date of
execution of this Contract are applicable to this Contract.
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20. Financial Disclosure
The Contractor shall comply with the provisions of Section 13-221 of the State Finance and
Procurement Article of the Annotated Code of Maryland, as from time to time amended,
which requires that every business that enters into contracts, leases, or other agreement 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 these contracts, leases or other agreements reaches $100,000, file with the
Secretary of the State of Maryland certain specified information to include disclosure of
beneficial ownership of the business.
21. Political Contribution Disclosure
The Contractor shall comply with the Election Law Article, Sections 14-101 through 14-108,
of the Annotated Code of Maryland, which requires that every person that enters into
contracts, leases, or other agreements with the State, a county or an incorporated
municipality or their agencies, during a calendar year under which the person receives in the
aggregate $100,000 or more, shall file with the State Board of Elections a statement
disclosing contributions in excess of $500 made during the reporting period to a candidate
for elective office in any primary or general election. The statement shall be filed with the
State Board of Elections: (1) before a purchase or execution of a lease or contract by the
State, a county, an incorporated municipality, or their agencies, and shall cover the preceding
two calendar years; and (2) if the contribution is made after the execution of a lease or
contract, then twice a year, throughout the contract term, on: (a) February 5, to cover the 6-
month period ending January 31; and (b) August 5, to cover the 6-month period ending July
31.
22. Retention of Records
The Contractor shall retain and maintain all records and documents in any way relating to
this Contract for three years after final payment by the State of Maryland under this Contract
or any applicable statute of limitations, whichever is longer, and shall make them available
for inspection and audit by authorized representatives of the State, including by way of
example only, the Procurement Officer or the Procurement Officer’s designee, and the
Contract Manager or the Contract Manager’s designee, at all reasonable times. All records
related in any way to the Contract are to be retained for the entire time provided under this
section. The Contractor shall, upon request by the Department, surrender all and every copy
of documents needed by the State, including, but not limited to itemized billing
documentation containing the dates, hours spent and work performed by the Contractor and
its subcontractors under the Contract. The Contractor agrees to cooperate fully in any audit
conducted by or on behalf of the State, including, by way of example only, making records
and employees available as, where, and to the extent requested by the State and by assisting
the auditors in reconciling any audit variances. Contractor shall not be compensated for
providing any such cooperation and assistance. This section shall survive the expiration of
this Contract.
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23. Compliance with Laws
The Contractor hereby represents and warrants that:
A. It is qualified to do business in the State of Maryland and that it will take such action
as, from time to time hereafter, may be necessary to remain so qualified;
B. It is not in arrears with respect to the payment of any monies due and owing the State
of Maryland, or any department or unit thereof, including but not limited to the payment
of taxes and employee benefits, and that it shall not become so in arrears during the term
of this Contract;
C. It shall comply with all federal, State and local laws, regulations, and ordinances
applicable to its activities and obligations under this Contract; and
D. It shall obtain, at its expense, all licenses, permits, insurance, and governmental
approvals, if any, necessary to the performance of its obligations under this Contract.
24. Cost and Price Certification
By submitting cost or price information, the Contractor certifies to the best of its knowledge
that the information submitted is accurate, complete, and current as of a mutually determined
specified date prior to the conclusion of any price discussions or negotiations.
The price under this Contract and any change order or modification hereunder, including
profit or fee, shall be adjusted to exclude any significant price increases occurring because
the Contractor furnished cost or price information which, as of the date agreed upon by the
parties, was inaccurate, incomplete, or not current.
25. Subcontracting; Assignment
The Contractor may not subcontract any portion of the services provided under this Contract
without obtaining the prior written approval of the Procurement Officer, nor may the
Contractor assign this Contract or any of its rights or obligations hereunder, without the prior
written approval of the Procurement Officer, any such approvals to be in the State’s sole and
absolute subjective discretion; provided however, a Contractor may assign monies receivable
under a PO after due notice to the State. Any such subcontract or assignment shall include
the terms of sections 8, and 10 through 23 of this Contract and any other terms and
conditions that the State deems necessary to protect its interests. The State shall not be
responsible for the fulfillment of the Contractor’s obligations to the subcontractors.
26. Indemnification
26.1 The Contractor shall hold harmless and indemnify the State against liability for any costs,
expenses, loss, suits, actions, or claims of any character arising from or relating to the
performance of the Contractor or its subcontractors under this Contract.
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26.2 The State of Maryland has no obligation to provide legal counsel or defense to the Contractor
or its subcontractors in the event that a suit, claim or action of any character is brought by
any person not party to this Contract against the Contractor or its subcontractors as a result of
or relating to the Contractor’s obligations under this Contract.
26.3 The State has no obligation for the payment of any judgments or the settlement of any claims
against the Contractor or its subcontractors as a result of or relating to the Contractor’s
obligations under this Contract.
26.4 The Contractor shall immediately notify the Procurement Officer of any claim or suit made
or filed against the Contractor or its subcontractors regarding any matter resulting from or
relating to the Contractor’s obligations under the Contract, and will cooperate, assist, and
consult with the State in the defense or investigation of any claim, suit, or action made or
filed against the State as a result of or relating to the Contractor’s performance under this
Contract.
27. Administrative
27.1 Procurement Officer. The work to be accomplished under this Contract shall be performed
under the direction of the Procurement Officer and the Contract Manager. All matters
relating to the interpretation of this Contract shall be referred to the Procurement Officer for
determination.
27.2 Notices. All notices hereunder shall be in writing and either delivered personally or sent by
certified or registered mail, postage prepaid as follows:
If to the State: State of Maryland
Department of Information Technology
45 Calvert Street
Annapolis, MD 21401-1907
Attn:__________________________
If to the Contractor: ______________________________
______________________________
______________________________
Attn:__________________________
28. Risk of Loss; Transfer of Title
Risk of loss for conforming supplies, equipment and materials specified as deliverables to the
State hereunder shall remain with the Contractor until the supplies, equipment, materials and
other deliverables are received by the State. Title of all such deliverables passes to the State
upon receipt by the State, subject to the State’s acceptance and payment for the same in
accordance with the terms of this Contract.
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29. Nonvisual Accessibility Warranty
The Contractor warrants that the information technology offered under the proposal (1)
provides equivalent access for effective use by both visual and non-visual means; (2) will
present information, including prompts used for interactive communications, in formats
intended for both visual and non-visual use; (3) if intended for use in a network, can be
integrated into networks for obtaining, retrieving, and disseminating information used by
individuals who are not blind or visually impaired; and (4) is available, whenever possible,
without modification for compatibility with software and hardware for non-visual access.
The Contractor further warrants that the cost, if any, of modifying the information
technology for compatibility with software and hardware used for non-visual access does not
increase the cost of the information technology by more than five percent. For purposes of
this Contract, the phrase “equivalent access” means the ability to receive, use and manipulate
information and operate controls necessary to access and use information technology by non-
visual means. Examples of equivalent access include keyboard controls used for input and
synthesized speech, Braille, or other audible or tactile means used for output.
30. Commercial Nondiscrimination
A. As a condition of entering into this Agreement, Contractor represents and warrants that it
will comply with the State’s Commercial Nondiscrimination Policy, as described under
Title 19 of the State Finance and Procurement Article of the Annotated Code of
Maryland. As part of such compliance, Contractor may not discriminate on the basis of
race, color, religion, ancestry or national origin, sex, age, marital status, sexual
orientation, or on the basis of disability or other unlawful forms of discrimination in the
solicitation, selection, hiring, or commercial treatment of subcontractors, vendors,
suppliers, or commercial customers, nor shall Contractor retaliate against any person for
reporting instances of such discrimination. Contractor shall provide equal opportunity
for subcontractors, vendors, and suppliers to participate in all of its public sector and
private sector subcontracting and supply opportunities, provided that this clause does not
prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that
have occurred or are occurring in the marketplace. Contractor understands that a material
violation of this clause shall be considered a material breach of this Agreement and may
result in termination of this Agreement, disqualification of Contractor from participating
in State contracts, or other sanctions. This clause is not enforceable by or for the benefit
of, and creates no obligation to, any third party.
B. The contractor shall include the above Commercial Nondiscrimination clause, or similar
clause approved by DoIT, in all subcontracts.
C. As a condition of entering into this Agreement, upon the Maryland Human Relations
Commission’s request, and only after the filing of a complaint against Contractor under
Title 19 of the State Finance and Procurement Article, as amended from time to time,
Contractor agrees to provide within 60 days after the request a complete list of the names
of all subcontractors, vendors, and suppliers that Contractor has used in the past 4 years
on any of its contracts that were undertaken within the state of Maryland, including the
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total dollar amount paid by Contractor on each subcontract or supply contract.
Contractor further agrees to cooperate in any investigation conducted by the State
pursuant to the State’s Commercial Nondiscrimination Policy as set forth under Title 19
of the State Finance and Procurement Article of the Annotated Code of Maryland, and to
provide any documents relevant to any investigation that is requested by the State.
Contractor understands that violation of this clause is a material breach of this Agreement
and may result in contract termination, disqualification by the State from participating in
State contracts, and other sanctions.
31. Patents, Copyrights, Intellectual Property
31.1 If the Contractor furnishes any design, device, material, process, or other item, which is
covered by a patent or copyright or which is proprietary to or a trade secret of another, the
Contractor shall obtain the necessary permission or license to permit the State to use such
item or items.
31.2 The Contractor agrees that at all times during the term of this Contract and thereafter, works
created as a deliverable under this Contract and services performed under this Contract shall
be “works made for hire” as that term is interpreted under U.S. copyright law.
To the extent that any products created as a deliverable under this Contract are not works for
hire for the State, the Contractor shall state why it believes that it should not thereby
relinquish, transfer, and assign to the State all of its rights, title, and interest (including all
intellectual property rights) to all such products created under this Contract.
31.3 The Contractor shall hold and save harmless the State of Maryland, including but not limited
to the Department and its agents, officers, and employees, from liability of any nature or kind
arising out of a claim or suit for or on account of the use of any copyrighted or uncopyrighted
composition, trademark, service mark, secure process, patented or unpatented invention,
article or appliance furnished or used in the performance of any Contract resulting from this
RFP. The Contractor agrees to assume the defense of any and all such suits and pay the costs
and expenses incidental hereto, subject to the right of the State to provide additional legal
counsel at the State's own expense. If a third party claims that a product infringes that party’s
patent or copyright, the Contractor will defend the State against that claim at Contractor’s
expense and will pay all damages, costs and attorney fees that a Court finally awards,
provided the State (i) notifies the Contractor in writing of the claim within a reasonable time
after the State’s receipt of such claim, with the understanding that the State’s failure to give
reasonably timely notice shall not relieve Contractor of any obligation hereunder except and
to the extent that such failure prejudices Contractors’ ability to defend against such claim;
and (ii) allows Contractor to control, and cooperates with Contractor in, the defense and any
related settlement negotiations.
31.4 If any products furnished by the Contractor become, or in the Contractor’s opinion are likely
to become, the subject of a claim of infringement, the Contractor shall, after consultation
with the State and at the Contractor’s own expense: (a) procure for the State the right to
continue using the applicable item, (b) replace the produce with a non-fringing product that, in the
State’s view, substantially complies with the item’s specifications, or (c) modify the item so that it
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becomes non-infringing and, in the State’s view, performs in a substantially similar manner to the
original item.
31.5 In connection with services provided under a PORFP, the Contractor may create, acquire or
otherwise have rights in, and may, employ, provide, create, acquire or otherwise obtain rights
in various concepts, ideas, methods, methodologies, procedures, processes, know-how,
techniques, models, templates and general purpose consulting and software tools, utilities
and routines (collectively, the "Contractor Technology"). To the extent that any Contractor
Technology is contained in any of the Contract deliverables including any derivative works,
the Contractor grants the State a royalty-free, fully paid, worldwide, perpetual, non-exclusive
license to use such Contractor Technology in connection with the Contract deliverables for
the State's purposes.
31.6 The Contractor shall not acquire any right, title and interest in and to the copyrights for
goods, any and all software, technical information, specifications, drawings, records,
documentation, data or derivative works thereof, or other work products provided by the
State to the Contractor. In a PORFP, the State may, in its sole discretion, elect to grant the
Contractor a worldwide, perpetual, non-exclusive license, for which the State may require
compensation, perhaps in the form of a royalty, for the Contractor's internal use non-
confidential Contract deliverables first originated and prepared by the Contractor for delivery
to the State.
32. Limitation of Liability
For breach of this Contract, negligence, misrepresentation or any other contract or tort claim,
Contractor shall be liable as follows:
A. For infringement of patents, trademarks, trade secrets and copyrights as provided in
Section 31 ("Patents, Copyrights, Intellectual Property") of this Contract;
B. Without limitation for damages for bodily injury (including death) and damage to real
property and tangible personal property;
C. For all other claims, damages, loss, costs, expenses, suits or actions in any way
related to this Contract, regardless of the form, Contractor’s liability per claim shall
not exceed five (5) times the total amount of the PORFP out of which the claim
arises; provided however, the State may, in its sole discretion, decrease the ceiling
established hereunder in any PORFP issued pursuant to this RFP. Third party claims
arising under Section 26 (“Indemnification”) of this Contract are included in this
limitation of liability only if the State is immune from liability. Contractor’s liability
for third party claims arising under Section 26 of this Contract shall be unlimited if
the State is not immune from liability for claims arising under Section 26.
33. Prompt Pay Requirements
33.1 If a contractor withholds payment of an undisputed amount to its subcontractor, the Agency,
at its option and in its sole discretion, may take one or more of the following actions:
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33.1.1 Not process further payments to the contractor until payment to the subcontractor is
verified;
33.1.2 Suspend all or some of the contract work without affecting the completion date(s) for the
contract work;
33.1.3 Pay or cause payment of the undisputed amount to the subcontractor from monies
otherwise due or that may become due;
33.1.4 Place a payment for an undisputed amount in an interest-bearing escrow account; or
33.1.5 Take other or further actions as appropriate to resolve the withheld payment.
33.2 An “undisputed amount” means an amount owed by a contractor to a subcontractor for which
there is no good faith dispute. Such “undisputed amounts” include (a) retainage which had
been withheld and is, by the terms of the agreement between the contractor and
subcontractor, due to be distributed to the subcontractor and (b) an amount withheld because
of issues arising out of an agreement or occurrence unrelated to the agreement under which
the amount is withheld.
33.3 An act, failure to act, or decision of a procurement officer or a representative of the Agency,
concerning a withheld payment between a contractor and subcontractor under this policy
directive, may not:
33.3.1 Affect the rights of the contracting parties under any other provision of law;
33.3.2 Be used as evidence on the merits of a dispute between the Agency and the contractor in
any other proceeding; or
33.3.3 Result in liability against or prejudice the rights of the Agency.
33.4 The remedies enumerated above are in addition to those provided under COMAR
21.11.03.13 with respect to subcontractors that have contracted pursuant to the Minority
Business Enterprise program.
33.5 To ensure compliance with certified MBE subcontract participation goals, the Agency may,
consistent with COMAR 21.11.03.13, take the following measures:
33.5.1 Verify that the certified MBEs listed in the MBE participation schedule actually are
performing work and receiving compensation as set forth in the MBE participation
schedule.
33.5.2 This verification may include, as appropriate:
33.5.2.1 Inspecting any relevant records of the contractor;
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33.5.2.2 Inspecting the jobsite; and
33.5.2.3 Interviewing subcontractors and workers.
33.5.2.4 Verification shall include a review of:
33.5.2.4.1 The contractor’s monthly report listing unpaid invoices over 30 days old
from certified MBE subcontractors and the reason for nonpayment; and
33.5.2.4.2 The monthly report of each certified MBE subcontractor, which lists
payments received from the contractor in the preceding 30 days and invoices
for which the subcontractor has not been paid.
33.5.3 If the Agency determines that a contractor is in noncompliance with certified MBE
participation goals, then the Agency will notify the contractor in writing of its findings,
and will require the contractor to take appropriate corrective action. Corrective action
may include, but is not limited to, requiring the contractor to compensate the MBE for
work performed as set forth in the MBE participation schedule.
33.5.4 If the Agency determines that a contractor is in material noncompliance with MBE
contract provisions and refuses or fails to take the corrective action that the Agency
requires, then the Agency may:
33.5.4.1 Terminate the contract;
33.5.4.2 Refer the matter to the Office of the Attorney General for appropriate action; or
33.5.4.3 Initiate any other specific remedy identified by the contract, including the contractual
remedies required by this Directive regarding the payment of undisputed amounts.
33.5.5 Upon completion of the contract, but before final payment or release of retainage or both,
the contractor shall submit a final report, in affidavit form under the penalty of perjury, of
all payments made to, or withheld from MBE subcontractors.
34. Parent Company Guarantee (If Applicable)
[Corporate name of Parent Company] hereby guarantees absolutely the full, prompt and
complete performance by "[Contractor]" of all the terms, conditions and obligations
contained in this Contract, as it may be amended from time to time, including any and all
exhibits that are now or may become incorporated hereunto, and other obligations of every
nature and kind that now or may in the future arise out of or in connection with this Contract,
including any and all financial commitments, obligations and liabilities. "[Corporate name of
Parent Company]" may not transfer this absolute guaranty to any other person or entity
without the prior express written approval of the State, which approval the State may grant,
withhold, or qualify in its sole and absolute subjective discretion. "[Corporate name of Parent
Company]" further agrees that if the State brings any claim, action, suit or proceeding against
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"[Contractor]","[Corporate name of Parent Company]" may be named as a party, in its
capacity as Absolute Guarantor.
IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set
forth.
CONTRACTOR DEPARTMENT OF INFORMATION
TECHNOLOGY
________________________________ _______________________________
By: By:
________________________________ _______________________________
Date Date
________________________________ ________________________________
Witness Witness
Approved for form and legal sufficiency this _________ day of ___________ 20___.
_________________________
Assistant Attorney General
APPROVED BY BPW: _________________ _____________
(Date) (BPW Item #)
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ATTACHMENT B - Bid/Proposal Affidavit
(Authorized Representative and Affiant)
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, or on the basis of 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 Title 19 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:
(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;
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(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.
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 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
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(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;
(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) 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)—(8) 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):
____________________________________________________________
____________________________________________________________
____________________________________________________________.
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
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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 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:
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(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 for payment of, all taxes due the
State of Maryland and has filed all required returns and reports with the Comptroller of the
Treasury, the State Department of Assessments and Taxation, and the Department of Labor,
Licensing, and Regulation, as applicable, and will have paid all withholding taxes due 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. 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.
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Date: _______________________
By: __________________________________ (print name of Authorized Representative and
Affiant)
___________________________________ (signature of Authorized Representative and
Affiant)
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ATTACH MENT C - Contract Affidavit
A. AUTHORITY
I HEREBY AFFIRM THAT:
I, ________________________ (print name), possess the legal authority to make this Affidavit.
B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE
DEPARTMENT OF ASSESSMENTS AND TAXATION
I FURTHER AFFIRM THAT:
The business named above is a (check applicable box):
(1) Corporation — domestic or foreign;
(2) Limited Liability Company — domestic or foreign;
(3) Partnership — domestic or foreign;
(4) Statutory Trust — domestic or foreign;
(5) Sole Proprietorship.
and is registered or qualified as required under Maryland Law. I further affirm that the above
business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it
is presently organized, and has filed all of its annual reports, together with filing fees, with the
Maryland State Department of Assessments and Taxation. The name and address of its resident
agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is:
Name and Department ID
Number:_____________________________Address:_______________________________
and that if it does business under a trade name, it has filed a certificate with the State Department
of Assessments and Taxation that correctly identifies that true name and address of the principal or
owner as:
Name and Department ID Number: ______________________________________________
Address:____________________________________________________________________
C. FINANCIAL DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
I am aware of, and the above business will comply with, the provisions of State Finance and
Procurement Article, §13-221, 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
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agreements reaches $100,000, file with the Secretary of State of Maryland certain specified
information to include disclosure of beneficial ownership of the business.
D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
I am aware of, and the above business will comply with, Election Law Article, §§14-101 — 14-
108, Annotated Code of Maryland, which requires that every person that enters into contracts,
leases, or other agreements with the State of Maryland, including its agencies or a political
subdivision of the State, during a calendar year in which the person receives in the aggregate
$100,000 or more shall file with the State Board of Elections a statement disclosing contributions
in excess of $500 made during the reporting period to a candidate for elective office in any
primary or general election.
E. DRUG AND ALCOHOL FREE WORKPLACE
(Applicable to all contracts unless the contract is for a law enforcement agency and the agency
head or the agency head’s designee has determined that application of COMAR 21.11.08 and this
certification would be inappropriate in connection with the law enforcement agency’s undercover
operations.)
I CERTIFY THAT:
(1) Terms defined in COMAR 21.11.08 shall have the same meanings 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 who 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;
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(e) Promptly inform the appropriate law enforcement agency of every drug-related crime that
occurs in its workplace if the business has observed the violation or otherwise has reliable
information that a violation has occurred;
(f) Establish drug and alcohol abuse awareness programs to inform its employees about:
(i) The dangers of drug and alcohol abuse in the workplace;
(ii) The business's policy of maintaining a drug and alcohol free workplace;
(iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance
programs; and
(iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in
the workplace;
(g) Provide all employees engaged in the performance of the contract with a copy of the
statement required by §E(2)(b), above;
(h) Notify its employees in the statement required by §E(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 §E(2)(h)(ii),
above, or otherwise receiving actual notice of a conviction;
(j) Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving
actual notice of a conviction, impose either of the following sanctions or remedial measures on
any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:
(i) Take appropriate personnel action against an employee, up to and including
termination; or
(ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse
assistance or rehabilitation program; and
(k) Make a good faith effort to maintain a drug and alcohol free workplace through
implementation of §E(2)(a)—(j), above.
(3) If the business is an individual, the individual shall certify and agree as set forth in §E(4),
below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing,
possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract.
(4) I acknowledge and agree that:
(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this
certification;
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(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to
suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or
21.07.03.15, as applicable; and
(c) The violation of the provisions of COMAR 21.11.08 or this certification in connection with
the contract may, in the exercise of the discretion of the Board of Public Works, result in
suspension and debarment of the business under COMAR 21.08.03.
F. CERTAIN AFFIRMATIONS VALID
I FURTHER AFFIRM THAT:
To the best of my knowledge, information, and belief, each of the affirmations, certifications, or
acknowledgements contained in that certain Bid/Proposal Affidavit dated ________ , 20___ , and
executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains
true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set
forth herein.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT
THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE, INFORMATION, AND BELIEF.
Date: ______________
By: __________________________ (printed name of Authorized Representative and Affiant)
_________________________________ (signature of Authorized Representative and Affiant)
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ATTACHMENT D – Minority Business Enterprise Requirements
EXHIBIT TO SOLICITATION
STATE OF MARYLAND
DEPARTMENT OF INFORMATION TECHNOLOGY
MINORITY BUSINESS ENTERPRISE PARTICIPATION
PURPOSE
Contractor shall structure its procedures for the performance of the work required in this contract to
strive to achieve the Minority Business Enterprise (MBE) goal stated in the Request for Proposals for
Hardware and Associated Equipment and Services 2012, No. 060B2490022 (Hardware 2012 or RFP).
MBE performance must be in accordance with this Attachment, as authorized by Code of Maryland
Regulations (COMAR) 21.11.03. Contractor agrees to exercise all good faith efforts to carry out the
requirements set forth in this Attachment.
DEFINITIONS
As used in this Attachment, the following words have the meanings indicated.
♦ “Certification” means a determination made by the Maryland Department of Transportation that a legal
entity is a minority business enterprise.
♦ “MBE Liaison” is the employee designated to administer this Department’s MBE program.
♦ “Minority Business Enterprise” or “MBE” means any legal entity, other than a joint venture, organized
to engage in commercial transactions, that is:
(1) at least 51 percent owned and controlled by one or more individuals who are socially and
economically disadvantaged; and
(2) managed by, and the daily business operations of which are controlled by, one or more of
the socially and economically disadvantaged individuals who own it.
Note: A minority business enterprise also includes a not-for-profit entity organized to promote the interests
of physically or mentally disabled individuals.
An MBE must be certified by the Maryland Department of Transportation (MDOT) in order to have its
contract participation counted under the Department’s MBE program.
MBE GOALS AND SUB-GOALS
The Contractor shall achieve the MBE subcontracting goal and any sub-goals established for each
individual Purchase Order (PO), by subcontracting to one or more MDOT-certified MBEs a sufficient
portion of the Purchase Order Request for Proposal (PORFP) scope of work that results in total MBE
payments that meet or exceed the PORFP MBE goal percentage.
If awarded a Master Contract:
♦ A prime contractor — including an MBE or a certified Small Business Reserve (SBR) prime contractor
— must accomplish an amount of work not less than the MBE subcontract goal with certified MBE
subcontractors, unless it has requested and been granted a waiver.
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♦ A prime contractor comprising a joint venture that includes MBE partner(s) must accomplish the MBE
subcontract goal with certified MBE subcontractors, unless it has requested and been granted a waiver.
SOLICITATION AND CONTRACT FORMATION
MASTER CONTRACT AWARDS
♦ An Offeror must sign and submit Attachment D-1A (Hardware 2012 Master Contractor
Acknowledgement of Task Order MBE Requirements) with its Hardware 2012 Technical Proposal
submission. By signing Attachment D-1A, the Offeror affirms that if it is awarded a master contract
under one or more Functional Areas of the RFP, it will comply with all MBE requirements associated
with any PORFP, including submission of waiver documentation where applicable. Offeror’s failure
to submit Attachment D-1A with its technical proposal will result in the Offeror’s proposal being
deemed not reasonably susceptible for award, and the Offeror being eliminated from
consideration for a master contract award.
♦ Offerors receiving notification from the State that they are an apparent master contract awardee will not
be required to submit additional MBE documentation prior to final master contract execution.
However, all PORFPs issued with an MBE participation goal will contain certain documents that the
Contractor must submit at the time of its PORFP Proposal submission as well as documents that an
apparent PORFP awardee must submit within 10 working days of notification of PORFP award. MBE
affidavits, schedules, statements, and reports that will be used at the PORFP level are included herein as
Attachment D-1 (Certified MBE Utilization and Fair Solicitation Affidavit), D-2 (MBE Participation
Schedule), D-3 (Outreach Efforts Compliance Statement) and D-4 (Subcontractor Project Participation
Statement). Attachments D-5 and D-6 are sample MBE reporting forms (See “Contract Administration
Requirements” below).
PORFP AWARDS
♦ Attachments D-1 and D-2 must be completed, signed and submitted by the Master Contractor together
with the PO Proposal. If a Master Contractor believes that a waiver of some or all of the MBE goal
and/or sub-goals is necessary, the waiver request must be clearly indicated on Attachment D-1. If the
Master Contractor does not submit Attachments D-1 and D-2 with its PO Proposal, the Master
Contractor’s PO Proposal will be eliminated from consideration for award.
♦ Attachments D-3, D-4 and D-7 waiver documentation, if applicable, shall be submitted by the apparent
PORFP awardee within 10 working days of notification of award. If the apparent PORFP awardee fails
to return the requested documentation within the required time, the contract offer may be withdrawn.
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CONTRACT ADMINISTRATION REQUIREMENTS
For each PO, the Master Contractor shall:
1. Submit monthly to the Department/Agency a report listing all unpaid invoices over 30 days old
received from a certified MBE subcontractor working under the TO Agreement, the amount of each
invoice and the reason payment has not been made. For informational purposes only, a sample prime
contractor unpaid invoice report is attached (see Attachment D-5).
2. Include in its agreements with its certified MBE subcontractors a requirement that those subcontractors
submit monthly to the Department a report that identifies the prime contract and lists all payments
received from Contractor in the preceding 30 days, as well as any outstanding invoices, and the amount
of those invoices. For informational purposes only, a sample MBE Subcontractor Paid/Unpaid Invoice
report is attached (see Attachment D-6).
NOTE: Each Department/Agency will designate, via PORFP, the specific format in which the prime
contractor and subcontractor must submit monthly MBE reports, and to whom such reports shall be
forwarded. Under the Hardware 2012 Master Contract, all PORFPR MBE payment reports shall
be sent to the agency for the which the PORFP scope of work is being completed. Payment
reports should not be sent to DoIT unless the PORFP was issued by DoIT.
3. 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, the type of work performed by each, and the actual dollar value of work
performed.
4. Consent to provide such documentation as reasonably requested and to provide right-of-entry at
reasonable times for purposes of the State’s representatives verifying compliance with the MBE
participation obligations. The Master Contractor must retain all records concerning MBE participation
and make them available for State inspection for three years after final completion of the contract.
5. At the option of the procurement agency, upon completion of the contract and before final payment
and/or release of retainage, submit a final report in affidavit form and under penalty of perjury, of all
payments made to, or withheld from MBE subcontractors.
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MINORITY BUSINESS ENTERPRISE PARTICIPATION FORMS
Must be submitted with Master Contract Proposal in response to this RFP:
♦ ATTACHMENT D-1A – Hardware 2012 Master Contractor Acknowledgement of Purchase Order
MBE Requirements
Must be submitted with PORFP Proposal:
♦ ATTACHMENT D-1 - Certified MBE Utilization and Fair Solicitation Affidavit
♦ ATTACHMENT D-2 - MBE Participation Schedule
Must be submitted within 10 w orking days of notification of PORFP apparent award:
♦ ATTACHMENT D-3 - Outreach Efforts Compliance Statement
♦ ATTACHMENT D-4 - Subcontractor Project Participation Statement
Must be submitted on a monthly basis after award of a PORFP:
♦ ATTACHMENT D-5 - Prime Contractor Unpaid MBE Invoice Report (Sample)
♦ ATTACHMENT D-6 - Subcontractor Paid/Unpaid MBE Invoice Report (Sample)
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ATTACHMENT D-1A
Hardware 2012 Master Contractor Acknowledgement of Purchase Order MBE Requirements
This document shall be included with the submittal of the Offeror’s response to the RFP. If
the bidder or Offeror fails to complete and submit this form with its response to the RFP, the
procurement officer shall determine that the Offeror’s response to the RFP is not reasonably
susceptible of being selected for award.
In conjunction with the offer submitted in response to Solicitation No. 060B2490022, I affirm the
following:
1. I understand that if I am awarded a master contract under the solicitation noted above, I will
have the opportunity to compete for and win PORFP contracts that may contain MBE
participation requirements.
2. If I am awarded a master contract under the solicitation noted above, and I respond to a PORFP
that contains MBE requirements by submitting a PO Proposal, I understand that if I fail to
comply with any of the MBE requirements outlined in the PORFP, my PO Proposal will be
eliminated from further consideration.
3. If I am awarded a PO, I commit to making a good faith effort to achieve the MBE goal
established for the PORFP.
I solemnly affirm under the penalties of perjury that the contents of this paper are true to the best of
my knowledge, information, and belief.
_______________________________ ______________________________________
Bidder/Offeror Name Signature of Affiant
_______________________________ ______________________________________
_______________________________ Printed Name, Title
_______________________________
Address
_______________________________
Date
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The following Attachments D-1 through D-6 are sample forms and do not need to be completed or
submitted with Offeror’s response to this RFP.
The forms are required to be completed and submitted after Master Contract award with Master
Contractor’s PORFP proposal pursuant to any applicable issued under this RFP.
D-1 MDOT Certified MBE Utilization and Fair Solicitation Affidavit
(submit with bid or offer)
This document MUST BE included with the bid or offer. If the Bidder or Offeror fails to
complete and submit this form with the bid or offer as required, the procurement officer shall deem
the bid non-responsive or shall determine that the offer is not reasonably susceptible of being
selected for award.
In conjunction with the bid or offer submitted in response to Solicitation No. ________, I affirm
the following:
1. I acknowledge and intend to meet the overall certified Minority Business Enterprise (MBE)
participation goal of ____ percent and, if specified in the solicitation, the following
subgoals (complete for only those subgoals that apply):
____ percent African American ____ percent Asian American
____ percent Hispanic American ____ percent Woman-Owned
Therefore, I will not be seeking a waiver pursuant to COMAR 21.11.03.11.
OR
I conclude that I am unable to achieve the MBE participation goal and/or subgoals. I
hereby request a waiver, in whole or in part, of the overall goal and/or subgoals. Within 10
business days of receiving notice that our firm is the apparent awardee, I will submit all
required waiver documentation in accordance with COMAR 21.11.03.11.
2. I understand that if I am notified that I am the apparent awardee of a PORFP, I must submit
the following additional documentation as directed in the PORFP.
(a) MBE Participation Schedule (D-2)
(b) Outreach Efforts Compliance Statement (D-3)
(c) Subcontractor Project Participation Certification (D-4)
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(d) Any other documentation, including D-7 waiver documentation, if applicable,
required by the Procurement Officer to ascertain bidder or offeror responsibility in
connection with the certified MBE participation goal.
I understand that if I fail to return each completed document within the required time, the
Procurement Officer may determine that I am not responsible and therefore not eligible for
contract award. If the contract has already been awarded, the award is voidable.
3. In the solicitation of subcontract quotations or offers, MBE subcontractors were provided
not less than the same information and amount of time to respond as were non-MBE
subcontractors.
4. Set forth below are the (i) certified MBEs I intend to use and (ii) the percentage of the total
contract amount allocated to each MBE for this project and the items of work each MBE
will provide under the contract. I hereby affirm that the MBE firms are only providing
those items of work for which they are MDOT certified.
I solemnly affirm under the penalties of perjury that the contents of this Affidavit are true to the
best of my knowledge, information, and belief.
_________________________________ ____________________________________
Bidder/Offeror Name Signature of Affiant
(PLEASE PRINT OR TYP E)
Name:
Title:
Date:
SUBMIT THIS AFFIDAVIT WITH MASTER CONTRACT PROPOSAL
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ATTACHMENT D-2 MBE Participation Schedule
Prime Contractor:
(Firm Name, Address, Phone)
Project Description:
Project Number:
List Information For Each Certified MBE Subcontractor On This Project
Minority Firm Name MBE Certification Number
FEIN
Identify the Applicable Certification Category (For Dually Certified Firms, Check Only One Category)
African American Asian American Hispanic American Woman-Owned Other
Percentage of Total Contract Value to be provided by this MBE _____%
Description of Work to Be Performed:
Minority Firm Name MBE Certification Number
FEIN
Identify the Applicable Certification Category (For Dually Certified Firms, Check Only One Category)
African American Asian American Hispanic American Woman-Owned Other
Percentage of Total Contract Value to be provided by this MBE _____%
Description of Work to Be Performed:
Minority Firm Name MBE Certification Number
FEIN
Identify the Applicable Certification Category (For Dually Certified Firms, Check Only One Category)
African American Asian American Hispanic American Woman-Owned Other
Percentage of Total Contract Value to be provided by this MBE _____%
Description of Work to Be Performed:
Minority Firm Name MBE Certification Number
FEIN
Identify the Applicable Certification Category (For Dually Certified Firms, Check Only One Category)
African American Asian American Hispanic American Woman-Owned Other
Percentage of Total Contract Value to be provided by this MBE _____%
Description of Work to Be Performed:
Continue on a separate page, if needed.
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SUMMARY
Total African -American MBE Participation: %
Total Asian American MBE Participation: ______%
Total Hispanic American MBE Participation: ______%
Total Woman-Owned MBE Participation: ______%
Total Other Participation: ______%
Total All MBE Participation: ______%
I solemnly affirm under the penalties of perjury that the contents of this Affidavit are true to the
best of my knowledge, information, and belief.
_________________________________ ____________________________________
Bidder/Offeror Name Signature of Affiant
(PLEASE PRINT OR TYP E)
Name:
Title:
Date:
SUBMIT THIS AFFIDAVIT WITH PORFP
BID/PROPOSAL
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ATTACHMENT D-3
Outreach Efforts Compliance Statement
Complete and submit this form within 10 working days of notification of apparent award or
actual award, whichever is earlier.
In conjunction with the bid or offer submitted in response to Solicitation No. _________,
Bidder/Offeror states the following:
1. Bidder/Offeror identified opportunities to subcontract in these specific work
categories.
2. Attached to this form are copies of written solicitations (with bidding instructions)
used to solicit MDOT certified MBEs for these subcontract opportunities.
3. Bidder/Offeror made the following attempts to contact personally the solicited
MDOT certified MBEs.
4. Select ONE of the following:
a. This project does not involve bonding requirements.
OR
b. Bidder/Offeror assisted MDOT certified MBEs to fulfill or seek waiver of
bonding requirements (describe efforts).
5. Select ONE of the following:
a. Bidder/Offeror did/did not attend the pre-bid/proposal conference.
OR
b. No pre-bid/proposal conference was held.
_________________________________ By:_____________________________________
Bidder/Offeror Printed Name Signature
Address: _____________________________________
_____________________________________
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ATTACHMENT D-4
Subcontractor Project Participation Certifica tion
Please complete and submit one form for each MDOT certified MBE listed on Attachment D-1
within 10 working days of notification of apparent award.
_________________________ (prime contractor ) has entered into a contract with
_________________________ (subcontractor ) to provide services in connection with the
Solicitation described below.
Prime Contractor Address and Phone Project Description
Project Number Total Contract Amount $
Minority Firm Name MBE Certification Number
Work To Be Performed
Percentage of Total Contract
The undersigned Prime Contractor and Subcontractor hereby certify and agree that they
have 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:
(1) fail to request, receive, or otherwise obtain authorization from the certified minority
business enterprise to identify the certified minority business enterprise in its bid or
proposal;
(2) fail to notify the certified minority business enterprise before execution of the
contract of its inclusion of 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.
PRIME CONTRACTOR SIGNATURE SUBCONTRACTOR SIGNAT URE
By: _______________________________ By: _______________________________
Name, Title Name, Title
Date Date
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Attachment D-5
Maryland Department of Information Technology
Minority Business Enterprise Participation
Prime Contractor Paid/Unpaid MBE Invoice Report
**If more than one MBE subcontractor is used for this contract, you must use separate D-5 forms.
**Return one copy (hard or electronic) of this form to the following addresses (electronic copy with signature
and date is preferred):
(TO MANAGER OF APPLICABLE POC NAME,
TITLE)
(AGENCY NAME)
(ADDRESS, ROOM NUMBER)
(CITY, STATE ZIP)
(EMAIL ADDRESS)
(TO PROCUREMENT OFFICER OR APPLICABLE
POC NAME, TITLE)
(AGENCY NAME)
(ADDRESS, ROOM NUMBER)
(CIT Y, STATE ZIP)
(EMAIL ADDRESS)
Report #: ________
Reporting Period (Month/Year): _____________
Report is due to the MBE Officer by the 10th of the month
following the month the services were provided.
Note: Please number reports in sequence
Contract #: __________________________________
Contracting Unit: ______________________________
Contract Amount: ______________________________
MBE Subcontract Amt: __________________________
Project Begin Date: _____________________________
Project End Date: _______________________________
Services Provided: ______________________________
Prime Contractor:
Contact Person:
Address:
City:
State:
ZIP:
Phone:
FAX: Email:
Subcontractor Name:
Contact Person:
Phone:
FAX:
Subcontractor Services Provided:
List all payments made to MBE subcontractor
named above
during this reporting period:
Invoice# Amount
1.
2.
3.
4.
Total Dollars Paid: $____________________________
List dates and amounts of any outstanding invoices:
Invoice # Amount
1.
2.
3.
4.
Total Dollars Unpaid: $__________________________
This form is to be completed
monthly by the prime
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ATTACHMENT D-6
Minority Business Enterprise Participation
Subcontractor Paid/Unpaid MBE Invoice Report
Report#: ____
Reporting Period (Month/Year): ________________
Report is due by the 10th of the month following the month
the services were performed.
Contract #
Contracting Unit:
MBE Subcontract Amount:
Project Begin Date:
Project End Date:
Services Provided:
MBE Subcontractor Name:
MDOT Certification #:
Contact Person: Email:
Address:
City: Baltimore
State:
ZIP:
Phone:
FAX:
Subcontractor Services Provided:
List all payments received from Prime Contractor during
reporting period indicated above.
Invoice Amt Date
1.
2.
3.
Total Dollars Paid: $_________________________
List dates and amounts of any unpaid invoices over 30
days old.
Invoice Amt Date
1.
2.
3.
Total Dollars Unpaid: $_________________________
Prime Contractor: Contact Person:
**Return one copy of this form to the following address (electronic copy with signature & date is preferred):
(TO MANAGER OF APPLICABLE POC NAME,
TITLE)
(AGENCY NAME)
(ADDRESS, ROOM NUMBER)
(CITY, STATE ZIP)
(EMAIL ADDRESS)
(TO PROCUREMENT OFFICER OR APPLICABLE
POC NAME, TITLE)
(AGENCY NAME)
(ADDRESS, ROOM NUMBER)
(CITY, STATE ZIP)
(EMAIL ADDRESS)
Signature:________________________________________________ Date:_____________________ (Required)
This form must be completed by
MBE subcontractor
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Code of Maryland Regulations (COMAR)
Title 21, State Procurement Regulations
(regarding a waiver to a Minority Business Enterprise subcontracting goal)
COMAR 21.11.03.11 - Waiver.
A. If, for any reason, the apparent successful bidder or offeror is unable to achieve the contract
goal for certified MBE participation, the bidder or offeror may request, in writing, a waiver
to include the following:
(1) A detailed statement of the efforts made to select portions of the work proposed to
be performed by certified MBEs in order to increase the likelihood of achieving the
stated goal;
(2) A detailed statement of the efforts made to contact and negotiate with certified
MBEs including:
(a) The names, addresses, dates, and telephone numbers of certified MBEs
contacted, and
(b) A description of the information provided to certified MBEs regarding the
plans, specifications, and anticipated time schedule for portions of the work
to be performed;
(3) As to each certified MBE that placed a subcontract quotation or offer that the
apparent successful bidder or offeror considers not to be acceptable, a detailed
statement of the reasons for this conclusion;
(4) A list of minority subcontractors found to be unavailable. This list should be
accompanied by an MBE unavailability certification (MBE Attachment D6) signed
by the minority business enterprise, or a statement from the apparent successful
bidder or offeror that the minority business refused to give the written certification:
and
(5) The record of the apparent successful bidder or offeror's compliance with the
outreach efforts required under Regulation .09B(2)(b).
A waiver may only be granted upon a reasonable demonstration by that MBE
participation could not be obtained or could not be obtained at a reasonable price.
If the waiver request is determined not to meet this standard, the bidder or offeror
will be found non-responsive (bid) or not reasonably susceptible for award
(proposal) and removed from further consideration.
B. A waiver of a certified MBE contract goal may be granted only upon reasonable
demonstration by the bidder or offeror that certified MBE participation was unable to be
obtained or was unable to be obtained at a reasonable price and if the agency head or
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70
designee determines that the public interest is served by a waiver. In making a
determination under this section, the agency head or designee may consider engineering
estimates, catalogue prices, general market availability, and availability of certified MBEs
in the area in which the work is to be performed, other bids or offers and subcontract bids
or offers substantiating significant variances between certified MBE and non-MBE cost of
participation, and their impact on the overall cost of the contract to the State and any other
relevant factor.
C. An agency head may waive any of the provisions of Regulations .09-.10 for a sole source,
expedited, or emergency procurement in which the public interest cannot reasonably
accommodate use of those procedures.
D. When a waiver is granted, except waivers under Section C, one copy of the waiver
determination and the reasons for the determination shall be kept by the MBE Liaison
Officer with another copy forwarded to the Office of Minority Affairs.
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MBE ATTACHMENT D-7
MINORITY CONTRACTOR UNAVAILABILITY CERTIFICATE
Section I (to be completed by PRIME CONTRACTOR)
I hereby certify that the firm of____________________________________________________________________________
Name of Prime Contractor)
located at ________________________________________________________________________________________,
(Number) (Street) (City) (State) (Zip)
on ______________________ contacted certified minority business enterprise, ________________________________
(Date) (Name of Minority Business)
___________________________ located at ____________________________________________________________,
(Number) (Street) (City) (State) (Zip)
seeking to obtain a bid for work/service for project number__________________, project name________________________
________________________________________________________________________________________________
List below the type of work/ service requested:
Indicate the type of bid sought, ___________________________________. The minority business enterprise identified above
is either unavailable for the work /service in relation to project number ____________________, or is unable to prepare a bid
for the following reasons(s):
The statements contained above are, to the best of my knowledge and belief, true and accurate.
_________________________________________________________________________________________________
(Name) (Title)
_________________________________________________________________________________________________
(Number) (Street) (City) (State) (Zip)
_________________________________________________________________________________________________
(Signature) (Date)
Note: Certified minority business enterprise must complete Section II
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Section II (to be completed by CERTIFIED MINORITY BUSINESS ENTERPRISE)
I hereby certify that the firm of __________________________________________________ MBE Cert.#________________
(Name of MBE Firm)
located at _______________________________________________________________________________________
(Number) (Street) (City) (State) (Zip)
was offered the opportunity to bid on project number_____________________, ON________________________
(Date)
by ___________________________________________________________________________________________
(Prime Contractor’s Name) (Prime Contractor Official’s Name) (Title)
The statements contained in Section I and Section II of this document are, to the best of my knowledge and belief, true and
accurate.
_____________________________________________________________ ________________________________
(Name) (Title) (Phone)
_____________________________________________________________ ________________________________
(Signature) (Fax Number)
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ATTACHMENT E - Price Proposal Form and Instructions
Instructions
In order to assist Offerors in the preparation of their price proposal and to comply with the
requirements of this solicitation, Price Instructions and Price Forms have been prepared. Offerors
shall submit their price proposal on the forms in accordance with the instructions on the forms and
as specified herein. Do not alter the forms or the price proposal may be rejected. The Price Form
is to be signed and dated, where requested, by an individual who is authorized to bind the Offeror
to all proposed prices. Any incorrect entries or inaccurate calculations by the vendor will be treated
as provided in COMAR 21.05.03E and 21.05.02.12. First year prices commence upon contract
award.
OFFERORS SHALL DETERMINE WHICH FUNCTIONAL AREAS TO PROPOSE EXCEPT,
IF PROPOSING FUNCTIONAL AREA IV AN OFFEROR MUST ALSO PROPOSE
FUNCTIONAL AREA I, II or III AND/OR FUNCTIONAL AREA V. FUNCTIONAL AREA IV
CANNOT BE PROPOSED ALONE.
FORM E -I FUNCTIONAL AREA I HARDWARE MSRP PRICE COMMITMENT
The Offeror must acknowledge the use of the MSRP as a baseline for the master contract and
commit to charging no higher than the MSRP published as of the date of the PORFP proposal
submission. The MSRP is being used as a ceiling for price only.
FORM E -II FUNCTIONAL AREA II HARDWARE MSRP PRICE COMMITMENT
The Offeror must acknowledge the use of the MSRP as a baseline for the master contract and
commit to charging no higher than the MSRP published as of the date of the PORFP proposal
submission. The MSRP is being used as a ceiling for price only.
FORM E -III FUNCTIONAL AR EA III HARDWARE MSRP PRICE COMMITMENT
The Offeror must acknowledge the use of the MSRP as a baseline for the master contract and
commit to charging no higher than the MSRP published as of the date of the PORFP proposal
submission. The MSRP is being used as a ceiling for price only.
FORM E -IV FUNCTIONAL AREA IV INSTALLATION AND TRAINING SERVICES
Offerors are required to record the fully-loaded, all-inclusive hourly prices they are proposing for
each listed item. Record the hourly labor rate for all 15 years of the Master Contract for all labor
categories.
FORM E-V FUNCTIONAL AREA V MANUFACTURER’S EXTENDED WARRANTY
MSRP PRICE COMMITMENT
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74
The Offeror must acknowledge the use of the MSRP as a baseline for the master contract and
commit to charging no higher than the MSRP published as of the date of the PORFP proposal
submission. The MSRP is being used as a ceiling for price only.
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ATTACHMENT E -I - Functional Area I - Servers and Associated Peripherals
MSRP COMMITMENT
I ACKNOWLEDGE BY SIGNING THIS ATTACHMENT, THE REQUIREMENT OF
PROVIDING PRICING NO HIGHER THAN THE MSRP PUBLISHED AS OF THE DATE OF
PORFP PROPOSALSUBMISSION.
OFFERORS SHALL STATE BELOW THE MANUFACTURER HARDWARE PROPOSED
(ATTACH ADDITIONAL SHEETS, IF NECESSARY):
Manufacturer(s):
SUBMITTED BY:
_______________________________________________________________
AUTHORIZED SIGNATURE DATE
_______________________________________________________________
PRINTED NAME AND TITLE
_______________________________________________________________
COMPANY NAME
_______________________________________________________________
COMPANY ADDRESS
_______________________________________________________________
FEIN NUMBER
_______________________________________________________________
TELEPHONE NUMBER
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ATTACHMENT E -II - Functional Area II - Printers and Associated Peripherals
MSRP COMMITMENT
I ACKNOWLEDGE BY SIGNING THIS ATTACHMENT, THE REQUIREMENT OF
PROVIDING PRICING NO HIGHER THAN THE MSRP PUBLISHED AS OF THE DATE OF
PORFP PROPOSAL SUBMISSION.
OFFERORS SHALL STATE BELOW THE MANUFACTURER HARDWARE PROPOSED
(ATTACH ADDITIONAL SHEETS, IF NECESSARY):
Manufacturer(s):
SUBMITTED BY:
_______________________________________________________________
AUTHORIZED SIGNATURE DATE
_______________________________________________________________
PRINTED NAME AND TITLE
_______________________________________________________________
COMPANY NAME
_______________________________________________________________
COMPANY ADDRESS
_______________________________________________________________
FEIN NUMBER
_______________________________________________________________
TELEPHONE NUMBER
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ATTACHMENT E -III - Functional Area III - Network Communications Equipment
MSRP COMMITMENT
I ACKNOWLEDGE BY SIGNING THIS ATTACHMENT, THE REQUIREMENT OF
PROVIDING PRICING NO HIGHER THAN THE MSRP PUBLISHED AS OF THE DATE OF
PORFP PROPOSAL SUBMISSION.
OFFERORS SHALL STATE BELOW THE MANUFACTURER HARDWARE PROPOSED
(ATTACH ADDITIONAL SHEETS, IF NECESSARY):
Manufacturer(s):
SUBMITTED BY:
_______________________________________________________________
AUTHORIZED SIGNATURE DATE
_______________________________________________________________
PRINTED NAME AND TITLE
_______________________________________________________________
COMPANY NAME
_______________________________________________________________
COMPANY ADDRESS
_______________________________________________________________
FEIN NUMBER
_______________________________________________________________
TELEPHONE NUMBER
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ATTACHMENT E -IV FUNCTIONAL AREA I V - Installation and Training Services Labor
Rate Schedule
NOTE: COMPLETING D-IV REQUIRES OFFERORS TO ALSO COMPLETE E-1, E-II or E-III.
Offerors are required to record the fully-loaded, all-inclusive hourly prices they are proposing for
each listed item. Record the hourly labor rate for all 15 years of the Master Contract for all labor
categories.
SUBMITTED BY
_______________________________________________________________
AUTHORIZED SIGNATURE DATE
_______________________________________________________________
PRINTED NAME AND TITLE
_______________________________________________________________
COMPANY NAME
_______________________________________________________________
COMPANY ADDRESS
_______________________________________________________________
FEIN NUMBER
_______________________________________________________________
TELEPHONE NUMBER
Labor
Category
Training
Specialist/
Instructor
Project
Mgr.
Subject
Matter
Expert
Network
Admin.
Sr.
Network
Engineer
Jr.
Network
Engineer
Sr.
Network
Tech.
Jr.
Network
Tech.
Sr.
Computer
Software/
Integration
Analyst
Jr.
Computer
Systems
Analyst
Year 1 $ $ $ $ $ $ $ $ $ $
Year 2 $ $ $ $ $ $ $ $ $ $
Year 3 $ $ $ $ $ $ $ $ $ $
Year 4 $ $ $ $ $ $ $ $ $ $
Year 5 $ $ $ $ $ $ $ $ $ $
Year 6 $ $ $ $ $ $ $ $ $ $
Year 7 $ $ $ $ $ $ $ $ $ $
Year 8 $ $ $ $ $ $ $ $ $ $
Year 9 $ $ $ $ $ $ $ $ $ $
Year 10 $ $ $ $ $ $ $ $ $ $
Year 11 $ $ $ $ $ $ $ $ $ $
Year 12 $ $ $ $ $ $ $ $ $ $
Year 13 $ $ $ $ $ $ $ $ $ $
Year 14 $ $ $ $ $ $ $ $ $ $
Year 15 $ $ $ $ $ $ $ $ $ $
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ATTACHMENT E -V -FUNCTIONAL AREA V - Manufacturer’s Warranty Services MSRP
Price Commitment
I ACKNOWLEDGE BY SIGNING THIS ATTACHMENT, THE REQUIREMENT OF
PROVIDING PRICING NO HIGHER THAN THE MSRP AS OF THE DATE OF PORFP
PROPOSAL SUBMISSION.
OFFERORS SHALL STATE BELOW THE MANUFACTURER OF THE LINE THAT
WARRANTY IS PROPOSED (ATTACH ADDITIONAL SHEETS, IF NECESSARY):
SUBMITTED BY:
_______________________________________________________________
AUTHORIZED SIGNATURE DATE
_______________________________________________________________
PRINTED NAME AND TITLE
_______________________________________________________________
COMPANY NAME
_______________________________________________________________
COMPANY ADDRESS
_______________________________________________________________
FEIN NUMBER
_______________________________________________________________
TELEPHONE NUMBER
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ATTACH MENT F - C onflict 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 21.01.02.01B(64) and includes an 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 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 (explain detail—attach additional sheets if necessary):
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
E. The offeror agrees that if an actual or potential conflict of interest arises after the date of this
affidavit, the offeror shall 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 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:______________________________________
(Authorized Representative and Affiant)
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ATTACHMENT G – M ercury Affidavit
MERCURY AFFIDAVIT
AUTHORIZED REPRESENTATIVE THEREBY AFFIRM THAT:
I am the _________________ (Title) and the duly authorized representative of
_______________________ (Business). I possess the legal authority to make this affidavit on
behalf of myself and the business for which I am acting.
MERCURY CONTENT INFORMATION:
[ ] The product(s) offered do not contain mercury.
OR
[ ] The product(s) offered do contain mercury.
(1) Describe the product or product component that contains mercury.
(2) Provide the amount of mercury that is contained in the product or product component. Indicate
the unit of measure being used.
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.
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82
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.
________________ By: ___________________________
Date Signature
Print Name: _____________________________________
Authorized Representative and Affiant
103
DEPARTMENT OF INFORMATION TECHNOLOGY
Hardware and Associated Equipment and
Services (HW) 2012
CONTRACT INFORMATION:
Award Date: 10/31/2012
BPW Agenda Item: 4-IT DoIT dated 11/14/2012
Contract Term: 06/22/2016 - 11/14/2027
BPO Number: 060B2490022
ORIGINAL RFP INFORMATION:
RFP: Project No. 060B2490022 - Hardware and Associated Equipment and
Services 2012
Release Date: 6/26/2012
Proposals Received: 7/26/2012 2 PM Local Time
Pre-Proposal Conference:
Attachments:
Amendment #1
Amendment #2
Questions and Answers #1
Questions and Answers #2
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8 D
BPW 11/14/2012
SUPPLEMENT D
DEPARTMENT OF INFORMATION TECHNOLOGY
ACTION AGENDA
ITEM: 4-IT Agency Contact:
Elliot Schlanger (410) 260-2994
Elliot.Schlanger@maryland.gov
Donna Ziegenhein (410) 260-7627
Donna.Ziegenhein@maryland.gov
DEPARTMENT/PROGRAM: Department of Information Technology
CONTRACT ID: Hardware/Associated Equipment & Services 2012
eMaryland Solicitation No. MDF5031003617
ADPICS No.: 060B2490022
CONTRACT DESCRIPTION: Multiple award, indefinite quantity, Purchase Order Request
for Proposals-based Master Contract to provide hardware, installation, training services and
manufacturer’s extended warranty. Laptops and desktops are excluded.
AWARD: See Pages 11D-13D
TERM: 11/15/2012 to 11/14/2027 (15 years)
NOTE: Every three years, DoIT will allow companies not under contract to submit proposals to
be included in the Master Contract and will allow existing contractors to add Functional Areas.
AMOUNT: $57,000,000
PROCUREMENT METHOD: Competitive Sealed Proposals
PROPOSALS: See Pages 11D-13D
MBE PARTICIPATION: 1%
INCUMBENTS: See 14D-16D
REMARKS: A notice of the availability of the Request for Proposals was advertised on
eMaryland Marketplace and the DoIT website. In addition, an e-mail notice was sent to all
MBEs certified to deliver these services and to 17 minority business advocacy groups.
Seventy-six proposals were received; 73 are recommended to receive a Master Contract. Of the
73 recommended Contractors, 50 are Maryland resident businesses, 16 are small businesses, and
19 are MBEs.
105
9 D
BPW 11/14/2012
SUPPLEMENT D
DEPARTMENT OF INFORMATION TECHNOLOGY
ACTION AGENDA
ITEM 4-IT (cont’d)
Desktop and laptop computers will not be purchased through this contract; a separate RFP is
scheduled for procuring these products. The current Hardware and Associated Equipment and
Services Master Contract expired September 30, 2012 (See DBM Item 10-IT (9/12/2007)).
This Master Contract encompasses the following five functional areas:
Functional Area I Servers and Associated Peripherals
Functional Area II Printers and Associated Peripherals
Functional Area III Network Communications Equipment
Functional Area IV Installation and Training Services
Functional Area V Manufacturer’s Extended Warranty
There will be a second level of competition through a Purchase Order Request for Proposal
(PORFP) process. A PORFP will be sent to all Master Contractors within the appropriate
functional area who are authorized to provide the hardware and/or services for the requested
manufacturer’s product line.
For PORFPS designated as Small Business Reserve, only Master Contractors that are certified as
small businesses will be able to compete.
Functional Area IV provides the only potential for subcontracting opportunities; therefore, an
overall MBE subcontractor participation goal of 1% has been established for this Master
Contract.
Master Contractors affirmed that their prices for the PORFPs will not exceed the manufacturer’s
suggested retail price. More importantly, the competitive PORFP process should lead to offers
that are lower than the MSRP price.
This procurement vehicle was designed to provide State agencies with a wide selection of Master
Contractors who offer an extensive variety of IT hardware. State agencies will obtain hardware,
installation, training services and manufacturer’s extended warranty efficiently by issuing
PORFPs specific to each agency’s needs. This contracting vehicle is also available to local and
county Maryland government jurisdictions.
106
10 D
BPW 11/14/2012
SUPPLEMENT D
DEPARTMENT OF INFORMATION TECHNOLOGY
ACTION AGENDA
ITEM 4-IT (cont’d)
FUND SOURCE: Various
APPROP. CODE: Various
RESIDENT BUSINESS: See Pages 11D-13D
MD TAX CLEARANCE: See Pages 11D-13D
Board of Public Works Action - The above referenced Item was:
APPROVED DISAPPROVED DEFERRED WITHDRAWN
WITH DISCUSSION WITHOUT DISCUSSION
107
108
ATTACHMENT A -Hardware and Associated Equipment and Services Contract
DEPARTMENT OF INFORMATION TECHNOLOGY (DolT)
Hardware and Associated Equipment and Services
060B2490022-2015
THIS CONTRACT (the "Contract") is made this __ day of ______ , 20_ by and between
Compuquip Technologies and, on behalf of the STATE OF MARYLAND, the MARYLAND
DEPARTMENT OF INFORMATION TECHNOLOGY (DoIT).
IN CONSIDERATION of the following, the parties agree as follows:
1. Definitions
In this Contract, the following words have the meanings indicated.
1. 1. "COMAR" means the Code of Maryland Regulations.
1.2. "Contract" means this contract for Hardware and Associated Equipment and Services and related
installation, training, and maintenance services. Except as otherwise provided, any reference to
the Contract shall be deemed to include reference to a Purchase Order (PO).
1.3. "Contract Manager" means the individual identified in Section 1.6 of the Request for Proposals
(RFP), or a successor designated by the Department.
1.4. "Contractor" means compuquip Technologiea, LLC, whose principal business address is:
2894 NW 79th ave., Doral FL 33122
1.5. "Department" means the Department of Information Technology (DoIT).
1.6. "eMM" means eMaryland Marketplace.
1.7. "Financial Proposal" means the Contractor's financial proposal dated 02/19/16.
1.8. "Hardware and Associated Equipment and Services" means those services described in Section 2
oftheRFP.
1.9. "Installation" means transferring manufacturer's electronic media to computer systems so that the
Hardware and Associated Equipment and Services will provide the features and functions
generally described in the user documentation.
1.10. "Minority Business Enterprise" (MBE) means an entity meeting the definition at COMAR 21.0
l.02.01B(54), which is certified by the Maryland Department of Transportation under COMAR
21.11.03.
1.11. "Procurement Officer'' means the person identified in Section 1.5 of the RFP or a successor
designated by the Department.
1.12. "Proposal" means, as appropriate, either or both the Contractor's Technical or Financial Proposal.
1.13. "Purchase Order" or "PO" means the authorization for Contractor to proceed with delivery of
products and/or any services requested via a PORFP.
1.14. "PORFP" means Purchase Order Request for Quotation.
1.15. "Requesting Agency" means the unit of the State government issuing the PORFP.
1.16. "RFP" means the Request for Proposals for Hardware and Associated Equipment and Services
No. 060B2490022-2015 and any amendments thereto issued in writing by the State.
109
1.17. "Sensitive Data" means any personally identifiable infonnation (PII), protected health
information (PHI) or other private/confidential data.
1.18. "Software" means the object code version of computer programs licensed pursuant to this
Contract. Embedded code, firmware, internal code, microcode, and any other term referring to
software that is necessary for proper operation is included in this definition of Software.
Software includes all prior, current, and future versions of the Software and all maintenance
updates and error corrections. "Software" also includes any upgrades, updates, bug fixes or
modified versions or backup copies of the Software licensed to the State by Contractor or an
authorized distributor.
1.19. "State" means the State of Maryland.
1.20. "Technical Proposal" means the Contractor's technical proposal dated 02/19/16 .
1.21. Capitalized terms not defined herein shall be asci:ibed the meaning given to them in the RFP.
2. Scope of Contract
2.1. The Contractor shall provide Hardware and Associated Equipment and Services, installation
and/or training, and/or manufacturer's extended warranty, as described in a PORFP or PO, in the
following functional area(s):
FA 3 -Network Communications Equipment
FA 4 -Installation & Training Services
2.2. These products and services shall be provided in accordance with the terms and conditions of this
Contract and the following Exhibits, which are attached and incorporated herein by reference. If
there are any inconsistencies between this Contract and the accompanying Exhibits, the terms of
this Contract shall control. If there is any conflict among the Exhibits, the following order of
precedence shall apply:
Exhibit A -The RFP
Exhibit B-The Contract Affidavit dated 0 6 /2 1/2 016
Exhibit C -The Technical Proposal.
Exhibit D -The Financial Proposal
2.3 A PORFP may specify terms in addition to the terms specified herein, including warranties,
deliverables, and acceptance test requirements. PORFPs, POs and Reference BPOs may not limit
the State's rights as provided by law, in this Contract, or in the RFP and may not change the
terms of, or conflict with, this Contract or any of its Exhibits.
3. Period of Performance
3.1. The Contract shall be for a period of 12 years beginning July 5, 2016 and ending on November
14, 2028.
3.2. Audit, confidentiality, document retention, patents, copyright, intellectual property, warranty, and
indemnification obligations under this Contract and any other obligations specifically identified
shall survive expiration or termination of the Contract.
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4. Consideration and Payment
4.1. In consideration of the satisfactory perfonnance of the Contract and any PORFP and/or PO, the
State will promptly process a proper invoice for payment in accordance with the terms of this
Contract
4.2. The total payment for products and services provided under a fixed price PO or the fixed price
element of a combined fixed price -time and materials PO, shall be the firm fixed price
submitted by the Contractor in its quotation or proposal submitted in response to a PORFP,
regardless of the actual cost to the Contractor.
4.3. POs that include a time and materials element shall include a not-to-exceed (NTE) ceiling for
payments. For time and materials PO, or POs which include both fixed price and time and
materials elements, total payments to the Contractor for the time and materials portion may not
exceed the identified PO NTE amount. The Contractor shall notify the Contract Manager, in
writing, at least 60 days before time and material obligations are expected to reach the PO NTE
Amount. The Contractor shall have no obligation to perform the time and materials requirements
under this Contract after payments reach the PONTE Amount. The cessation of the Contractor's
obligation to perform under this paragraph 4.3 is expressly conditioned on the following: that
prior to the PONTE Amount being reached, the Contractor shall: (i) give the notice required
under this paragraph 4.3; (ii) promptly consult with the Requesting Agency and cooperate in good
faith with the Requesting Agency to establish a plan of action to assure that every reasonable
effort has been undertaken by the Contractor to complete critical work in progress prior to the
date the PONTE Amount will be reached; and (iii) secure databases, systems, platforms and/or
applications on which the Contractor is working so that no damage or vulnerabilities to any of the
same will exist due to any such unfinished work. Any work performed by the Contractor in
excess of PONTE amount without the prior written approval of the Contract Manager is at the
Contractor's risk of non-payment.
4.4. Invoices shall be submitted as specified in a PORFP. Invoices that contain both fixed price and
time and material items must clearly identify the items as either fixed price or time and material
billing. Each invoice must include the Contractor's Federal Tax Identification Number: 59-
2189948. The Contractor's eMM identification number is 00029904. Payments to the Contractor
pursuant to this Contract shall be made no later than 30 days after the Requesting Agency's
receipt of a proper invoice from the Contractor. Charges for late payment of invoices other than
as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated
Code of Maryland, as from time-to-time amended, are prohibited. The final payment under a
PORFP will not be made until after certification is received from the Comptroller of the State that
all taxes have been paid.
4.5. In addition to any other available remedies, if, in the opinion of the Procurement Officer, the
Contractor fails to perfonn in a satisfactory and timely manner, then Contractor will be notified
and provided a time specified by the State to cure the breach. If the breach is not cured within the
time specified within the notification, the Procurement Officer may refuse or limit approval of
any invoice for payment, and may cause payments to the Contractor to be reduced or withheld
until such time as the Contractor meets perfonnance standards as established by the Procurement
Officer.
4.6. PORFPs may specify periodic payments based on deliverables or stages of completion. A
PORFP may further specify that a portion of the payments due will be withheld until completion
of the PO. The amount withheld from each payment shall be paid to the Contractor within thirty
(30) days of the State's acceptance of all deliverables required under the PO and receipt from the
Contractor of a release in a form prescribed by the State for any claims arising out of or related to
thePORFP.
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4. 7. Payment of an invoice by the State is not evidence that services were rendered as required under
this Contract or any applicable PORFP.
5. Patents, Copyrights, Intellectual Property
5.1. If the Contractor furnishes any design, device, material, process, or other item, which is covered
by a patent or copyright, or which is proprietary to or a trade secret of another, the Contractor
shall obtain the necessary permission or license to permit the State to use such item or items.
5.2. Except as provided in Section 5.4 of this Contract, the Contractor agrees that all documents and
materials, including but not limited to, reports, drawings, studies, specifications, estimates, tests,
maps, photographs, designs, software, graphics, mechanical, artwork, computations and data
prepared by or for the Contractor for purposes of this Contract ("Work Product") shall become
and remain the sole and exclusive property of the State and shall be available to the State at any
time. The State shall have the right to use the same without restriction and without compensation
to the Contractor other than that specifically provided by this Contract.
5.3. Except as provided in Section 5.4 of this Contract, the Contractor agrees that at all times during
the term of this Contract and thereafter, Work Product shall be "works made for hire" as that term
is interpreted under U.S. copyright law and shall be owned by the State. Ownership includes the
right to copyright, patent, register, and the ability to transfer these rights and all information used
to formulate such Work Product. In the event any Work Product is or may not be considered a
work made for hire under applicable law, Contractor assigns and transfers to the State the entire
right, title, and interest in and to all rights in the Work Product and any registrations and
copyright applications relating thereto and any renewals and extensions thereof. Contractor shall
execute all documents and perform such other proper acts as the State may deem necessary to
secure for it the rights pursuant to this section.
5.4. Notwithstanding anything to the contrary in this Contract, to the extent (i) the Work Product
incorporates any commercial-off-the shelf software (COTS) and/or any Pre-Existing Intellectual
Property or (ii) any COTS and/or Pre-Existing Intellectual Property (other than a computer's
operating system, supported internet browser, browser accessibility software or hardware if
needed by the user, and software required to access a commonly-available data transmission tool
or export format) is required to access, install, build, compile or otherwise use the Work Product
(such COTS and Pre-Existing Intellectual Property individually and collectively referred to herein
as "Third-party Intellectual Property," which shall be the sole property of Contractor or its third-
party licensors, as applicable), Contractor hereby grants to the State, on behalf of itself and any
third-party licensors, a royalty-free, paid-up, non-exclusive, unrestricted, unconditional,
irrevocable, worldwide right and license, with the right to use, execute, reproduce, display,
perform, distribute copies of internally, modify and prepare derivative works based upon, such
Third-party Intellectual Property as may be necessary for the State to use the Work Product for
the purposes for which such Work Product was designed and intended. "Pre-Existing Intellectual
Property" means any program, utility or tool owned by Contractor or its third-party licensors that
was created by Contractor or its third-party licensors independently from its performance of this
Contract and not solely using funds from this Contract.
5.5. Subject to the terms of Section 6, Contractor shall defend, indemnify, and hold harmless the
State, including, but not limited to, the Department or Requesting Agency and its agents, officers,
and employees, from and against any and all claims, costs, losses, damages, liabilities, judgments
and expenses (including without limitation reasonable attorneys' fees) arising out of or in
connection with any claim the Work Product or any Third-party Intellectual Property infringes,
misappropriates or otherwise violates any Third-party Intellectual Property rights. Contractor
shall not enter into any settlement involving third party claims that contains any admission of or
stipulation to any guilt, fault, liability or wrongdoing by the State or that adversely affects the
State's rights or interests, without the State's prior written consent, which consent may be
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withheld in the State's sole and absolute discretion.
5.6. Except if Contractor has pre-existing knowledge of such infringement, Contractor's obligations
under this section will not apply to the extent any Third-party Intellectual Property infringes,
misappropriates or otherwise violates any third party intellectual rights as a result of
modifications made by the State in violation of the license granted to the State pursuant to Section
5.4; provided that such infringement, misappropriation or violation would not have occurred
absent such modification.
5.7. Without limiting Contractor's obligations under Section 5.5, if all or any part of the Work
Product or any Third Party Intellectual Property is held, or Contractor or the State reasonably
determines that it could be held, to infringe, misappropriate or otherwise violate any third party
intellectual property right, Contractor (after consultation with the State and at no cost to the
State): (a) shall procure for the State the right to continue using the item or service in accordance
with its rights under this Contract; (b) replace the item or service with an item that does not
infringe, misappropriate or otherwise violate any third party intellectual property rights and, in
the State's sole and absolute determination, complies with the item's specifications as defined in
this Contract, and all rights of use and/or ownership set forth in this Contract; or (c) modify the
item or service so that it no longer infringes, misappropriates or otherwise violates any third party
intellectual property right and, in the State's sole and absolute determination, complies with the
item's specifications and all rights of use and/or ownership set forth in this Contract.
5.8. Except for any Pre-Existing Intellectual Property and Third-Party Intellectual Property,
Contractor shall not acquire any right, title, or interest (including any intellectual property rights
subsisting therein) in or to any goods, Software, technical information, specifications, drawings,
records, documentation, data or any other materials (including any derivative works thereof)
provided by the State to the Contractor. Notwithstanding anything to the contrary herein, the State
may, in its sole and absolute discretion, grant the Contractor a license to such materials, subject to
the terms of a PORFP executed by the Contractor and an authorized representative of the State.
5.9. Without limiting the generality of the foregoing, neither Contractor nor any of its subcontractors
shall use any Software or technology in a manner that will cause any patents, copyrights, or other
intellectual property which are owned or controlled by the State or any of its affiliates ( or for
which the State or any of its subcontractors has received license rights) to become subject to any
encumbrance or terms and conditions of any third-party or open source license (including,
without limitation, any open source license listed on
http://www.opensource.org/licenses/alphabetical) (each an "Open Source License"). These
restrictions, limitations, exclusions and conditions shall apply even if the State or any of its
subcontractors becomes aware of or fails to act in a manner to address any violation or failure to
comply therewith. No act by the State or any of its subcontractors that is undertaken under this
Contract as to any Software or technology shall be construed as intending to cause any patents,
copyrights or other intellectual property that are owned or controlled by the State ( or for which
the State has received license rights) to become subject to any encumbrance or terms and
conditions of any Open Source License.
5.10. The Contractor shall report to the Department or Requesting Agency, promptly and in written
detail, each notice or claim of copyright infringement received by the Contractor with respect to
all Work Product delivered under this Contract.
5.11. This Section 5 shall survive expiration or termination of this Contract.
6. Indemnification
6.1. In addition to Contractor's indemnification obligations described in Section 5, Contractor shall
indemnify, defend, and hold the State, its directors, officers, employees and agents harmless from
liability for the following conduct arising from or relating to the performance of the Contractor or
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its subcontractors under this Contract: (a) tangible property damage, bodily injury and death, to
the extent caused by or contributed to by Contractor or its subcontractors and (b) fraud or willful
misconduct of Contractor or its subcontractors. Such indemnification shall include all related
defense costs and expenses attributable to the claims of third parties, including, but not limited to,
reasonable attorneys' fees and costs of investigation, litigation, settlement, judgments, interest
and penalties.
6.2 Upon the State's request of indemnification under Section 5 or 6, Contractor shall be entitled to
control the defense or settlement of the relevant claim with counsel reasonably satisfactory to the
State. The State will: (a) provide reasonable cooperation to Contractor in connection with the
defense or settlement of the claim, at Contractor's expense; and (b) be entitled to participate in
the defense of the claim, at its own expense.
6.3. The State has no obligation to provide legal counsel or defense to the Contractor.or its
subcontractors in the event that a suit, claim or action of any character is brought by any person
not party to this Contract against the Contractor or its subcontractors as a result of or relating to
the Contractor's obligations under this Contract.
6.4. The State has no obligation for the payment of any judgments or the settlement of any claims
against the Contractor or its subcontractors as a result of or relating to the Contractor's obligations
under this Contract.
6.5. To the extent permitted by applicable law, the Contractor shall immediately notify the
Procurement Officer of any claim or suit made or filed against the Contractor or its
subcontractors regarding any matter resulting from or relating to the Contractor's obligations
under the Contract, and will cooperate, assist, and consult with the State in the defense or
investigation of any third party claim, suit, or action made or filed against the State as a result of
or relating to the Contractor's performance under this Contract.
6.6. This Section 6 shall survive expiration or termination of this Contract.
7. Limitations of Liability
Contractor shall be liable for any loss or damage to the State occasioned by the acts or omissions
of Contractor, its subcontractors, agents or employees, including but not limited to personal
injury; physical loss; or violations of the Patents, Copyrights, Intellectual Property sections of this
Contract, as follows:
7 .1. For infringement of patents, trademarks, trade secrets and copyrights as provided in
Section 5 ("Patents, Copyrights, Intellectual Property") of this Contract;
7.2. Without limitation, for damages for bodily injury (including death) and damage to
real property and tangible personal property; and
7.3. For all other claims, damages, loss, costs, expenses, suits, or actions in any way
related to this Contract where liability is not otherwise set forth as being "without
limitation," and regardless of the basis on which the claim is made, Contractor's
liability shall not exceed one (1) time the total amount of the PORFP out of which the
claim arises; provided however, the State may, in its sole discretion, decrease the
ceiling established hereunder in any PORFP issued pursuant to this RFP. Third-party
claims arising under Section 6 ("Indemnification") of this Contract are included in
this limitation of liability only if the State is immune from liability. Contractor's
liability for third-party claims arising under Section 6 of this Contract shall be
unlimited if the State is not immune from liability for claims arising under Section 6.
7.4. In no event shall the existence of a subcontract operate to release or reduce the
liability of Contractor hereunder. For purposes of this Contract, Contractor agrees
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that all Subcontractors shall be held to be agents of Contractor.
8. Prompt Pay Requirements
8.1. If the Contractor withholds payment of an undisputed amount to its subcontractor, the State, at its
option and in its sole discretion, may take one or more of the following actions:
(a) Not process further payments to the Contractor until payment to the subcontractor is verified;
(b) Suspend all or some of the Contract work without affecting the completion date(s) for the
Contract work;
( c) Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise
due or that may become due to the Contractor;
(d) Place a payment for an undisputed amount in an interest-bearing escrow account;
( e) Default Contractor for failing to perform in accordance with the requirement to promptly pay
subcontractors; or
(f) Take other or further actions as appropriate to resolve the withheld payment.
8.2. An "undisputed amount" means an amount owed by the Contractor to a subcontractor for which
there is no good faith dispute. Such "undisputed amounts" include (a) retainage which had been
withheld and is, by the terms of the agreement between the Contractor and subcontractor, due to
be distributed to the subcontractor and (b) an amount withheld because of issues arising out of an
agreement or occurrence unrelated to the agreement under which the amount is withheld.
8.3. An act, failure to act, or decision of a Procurement Officer or a representative of the Department
or Requesting Agency concerning a withheld payment between the Contractor and subcontractor
under this Contract, may not:
(a) Affect the rights of the contracting parties under any other provision oflaw;
(b) Be used as evidence on the merits of a dispute between the Department or Requesting Agency
and the Contractor in any other proceeding; or
(c) Result in liability against or prejudice the rights of the Department or Requesting Agency.
8.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.03.13
with respect to subcontractors that have contracted pursuant to the Minority Business Enterprise
program.
9. Risk of Loss; Transfer of Title
Risk of loss for conforming supplies, equipment and materials specified as deliverables to the State
hereunder shall remain with the Contractor until the supplies, equipment, materials and other
deliverables are received and accepted by the State. Title of all such deliverables passes to the State
upon acceptance by the State.
10. Source Code Escrow
Source Code Escrow is not required for this Contract.
11. Loss of Data
In the event of loss of any State data or records where such loss is due to the intentional act, omission,
or negligence of the Contractor or any of its subcontractors or agents, the Contractor shall be
responsible for recreating such lost data in the manner and on the schedule set by the Contract
Manager. The Contractor shall ensure that all data is backed up and is recoverable by the Contractor.
In accordance with prevailing federal or state law or regulations, the Contractor shall report the loss
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of non-public data as directed in Section 16.17.
12. Markings
The Contractor shall not affix (or permit any third party to affix), without the Department or
Requesting Agency's consent, any restrictive markings upon any Work Product and if such markings
are affixed, the Department or Requesting Agency shall have the right at any time to modify, remove,
obliterate, or ignore such warnings.
13. Exclusive Use and Ownership
Contractor shall not use, sell, sub-lease, assign, give, or otherwise transfer to any third party any other
information or material provided to Contractor by the Department or Requesting Agency or
developed by Contractor relating to the Contract, except that Contractor may provide said information
to any of its officers, employees and subcontractors who Contractor requires to have said information
for fulfillment of Contractor's obligations hereunder. Each officer, employee and/or subcontractor to
whom any of the Department or Requesting Agency's confidential information is to be disclosed shall
be advised by Contractor of and bound by the confidentiality and intellectual property terms of this
Contract.
14. Notification of Legal Requests
The Contractor shall contact the State upon receipt of any electronic discovery, litigation holds,
discovery searches and expert testimonies related to the State's data under this Contract, or which in
any way might reasonably require access to the data of the State, unless prohibited by law from
providing such notice. The Contractor shall not respond to subpoenas, service of process and other
legal requests related to the State without first notifying the State, unless prohibited by law from
providing such notice.
15. Effect of Contractor Bankruptcy
All rights and licenses granted by the Contractor under this Contract are and shall be deemed to be
rights and licenses to "intellectual property," and the subject matter of this Contract, including
services, is and shall be deemed to be "embodiments of intellectual property" for purposes of and as
such terms are used and interpreted under§ 365(n) of the United States Bankruptcy Code ("Code")
(11 U.S.C. § 365(n) (2010)). The State has the right to exercise all rights and elections under the
Code and all other applicable bankruptcy, insolvency and similar laws with respect to this Contract
(including all executory statement of works). Without limiting the generality of the foregoing, if the
Contractor or its estate becomes subject to any bankruptcy or similar proceeding: (a) subject to the
State's rights of election, all rights and licenses granted to the State under this Contract shall continue
subject to the respective terms and conditions of this Contract; and (b) the State shall be entitled to a
complete duplicate of ( or complete access to, as appropriate) all such intellectual property and
embodiments of intellectual property, and the same, if not already in the State's possession, shall be
promptly delivered to the State, unless the Contractor elects to and does in fact continue to perform
all of its obligations under this Contract.
16. Confidentiality
Subject to the Maryland Public Information Act and any other applicable laws, all confidential or
proprietary information and documentation relating to either party (including without limitation, any
information or data stored within the Contractor's computer systems) shall be held in absolute
confidence by the other party. Each party shall, however, be permitted to disclose relevant
confidential information to its officers, agents and employees to the extent that such disclosure is
necessary for the performance of their duties under this Contract, provided the data may be collected,
used, disclosed, stored and disseminated only as provided by and consistent with the law. The
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provisions of this section shall not apply to information that (a) is lawfully in the public domain ; (b)
has been independently developed by the other party without violation of this Contract; ( c) was
already in the possession of such party; ( d) was supplied to such party by a third party lawfully in
possession thereof and legally pennitted to further disclose the information; or ( e) which such party is
required to disclose by law. This Section shall survive expiration or termination of the Contract.
17. Parent Company Guarantee (If Applicable)
[Co orate name of Parent Company] hereby guarantees absolutely the full, prompt and complete
performance by "[Contractor]" of all the terms, conditions and obligations contained in this Contract,
as it may be amended from time to time , including any and all exhibits that are now or may become
incorporated hereunto , and other obligations of every nature and kind that now or may in the future
arise out of or in connection with this Contract, including any and all financial commitments ,
obligations and liabilities. "[Co orate name of Parent Com any]" may not transfer this absolute
guaranty to any other person or entity without the prior express written approval of the State, which
agproval the State may grant, withhold, or qualify in its sole and absolute subjective discretion.
"[Co orate name of Parent CompanyJ" further agrees that if the State brings any claim, action , suit
or proceeding against "(Contractor]","[Co!J)orate name of Parent Com any]" may be named as a
party, in its capacity as Absolute Guarantor.
18. General Terms and Conditions
Unless otherwise noted, the General Terms and Conditions are mandatory Contract Terms and cannot
and will not be revised.
18.1. Pre-Existing Regulations
In accordance with the provisions of Section 11-206 of the State Finance and Procurement
Article, Annotated Code of Maryland , the regulati ons set forth in Title 21 of the Code of
Maryland Regulations (COMAR 21) in effect on the date of execution of this Contract are
applicable to this Contract.
18.2. Maryland Law Prevails
This Contract shall be construed, interpreted, and enforced according to the laws of the State
of Maryland. The Maryland Uniform Computer Information Transactions Act (Commercial
Law Article, Title 22 of the Annotated Code of Maryland) does not apply to this Contract, the
Software, or any Software license acquired hereunder. Any and all references to the
Annotated Code of Maryland contained in this Contract shall be construed to refer to such
Code sections as from time to time amended.
18.3. Multi-year Contracts Contingent Upon Appropriations
If the General Assembly fails to appropriate funds or if funds are not otherwise made
available for continued performance for any fiscal period of this Contract succeeding the first
fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal
year for which funds were not appropriated or otherwise made available; provided, however,
that this will not affect either the State's rights or the Contractor's rights under any
termination clause in this Contract. The effect of termination of the Contract hereunder will
be to discharge both the Contractor and the State of Maryland from future performance of the
Contract, but not from their rights and obligations existing at the time of termination. The
Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred
but not amortized in the price of the Contract. The State shall notify the Contractor as soon as
it has knowledge that funds may not be available for the continuation of this Contract for
each succeeding fiscal period beyond the first.
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18.4. Cost and Price Certification
The Contractor, by submitting cost or price information certifies that, to the best of its
knowledge, the information submitted is accurate, complete, and current as of a mutually
determined specified date prior to the conclusion of any price discussions or negotiations.
The price under this Contract (including any PO) and any change order or modification
hereunder, including profit or fee, shall be adjusted to exclude any significant price increases
occurring because the Contractor furnished cost or price information which, as of the date
agreed upon between the parties, was inaccurate, incomplete, or not current.
18.5. Contract Modifications
The Procurement Officer may, at any time, by written order, make changes in the work
within the general scope of the Contract or a PO. No other order, statement or conduct of the
Procurement Officer or any other person shall be treated as a change or entitle the Contractor
to an equitable adjustment under this section. Except as otherwise provided in this Contract,
if any change under this section causes an increase or decrease in the Contractor's cost of, or
the time required for, the performance of any part of the work, an equitable adjustment in the
Contract price shall be made and the Contract modified in writing accordingly. Pursuant to
COMAR 21.10.04, the Contractor must assert in writing its right to an adjustment under this
section and shall include a written statement setting forth the nature and cost of such claim.
No claim by the Contractor shall be allowed if asserted after final payment under this
Contract. Failure to agree to an adjustment under this section shall be a dispute under Section
18.8, Disputes. Nothing in this section shall excuse the Contractor from proceeding with the
Contract as changed.
18.6. Termination for Default
If the Contractor fails to fulfill its obligations under this Contract properly and on time, or
otherwise violates any provision of the Contract, the State may terminate the Contract by
written notice to the Contractor. The notice shall specify the acts or omissions relied upon as
cause for termination. All finished or unfinished work provided by the Contractor shall, at the
State's option, become the State's property. The State of Maryland shall pay the Contractor
fair and equitable compensation for satisfactory performance prior to receipt of notice of
termination, less the amount of damages caused by the Contractor's breach. If the damages
are more than the compensation payable to the Contractor, the Contractor will remain liable
after termination and the State can affirmatively collect damages. Termination hereunder,
including the termination of the rights and obligations of the parties, shall be governed by the
provisions ofCOMAR21.07.01.11B.
18.7. Termination for Convenience
The performance of work under this Contract may be terminated by the State in accordance
with this clause in whole, or from time to time in part, whenever the State shall determine that
such termination is in the best interest of the State. The State will pay all reasonable costs
associated with this Contract that the Contractor has incurred up to the date of termination,
and all reasonable costs associated with termination of the Contract. However, the Contractor
shall not be reimbursed for any anticipatory profits that have not been earned up to the date of
termination. Termination hereunder, including the determination of the rights and obligations
of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2).
18.8. Disputes
This Contract shall be subject to the provisions of Title 15, Subtitle 2, of the State Finance
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and Procurement Article of the Annotated Code of Maryland, as from time to time amended,
and COMAR 21.10 (Administrative and Civil Remedies). Pending resolution of a claim, the
Contractor shall proceed diligently with the performance of the Contract in accordance with
the Procurement Officer's decision. Unless a lesser period is provided by applicable statute,
regulation, or the Contract, the Contractor must file a written notice of claim with the
Procurement Officer within 30 days after the basis for the claim is known or should have
been known, whichever is earlier. Contemporaneously with or within 30 days of the filing of
a notice of claim, but no later than the date of final payment under the Contract, the
Contractor must submit to the Procurement Officer its written claim containing the
information specified in COMAR 21.10.04.02.
18.9. Living Wage
If a Contractor subject to the Living Wage law fails to submit all records required under
COMAR 21.11.10.05 to the Commissioner of Labor and Industry at the Department of Labor,
Licensing and Regulation, the Department or Requesting Agency may withhold payment of
any invoice or retainage. The Department or Requesting Agency may require certification
from the Commissioner on a quarterly basis that such records were properly submitted.
18.10. Non-Hiring of Employees
18.11.
No official or employee of the State of Maryland, as defined under General Provisions
Article, §5-101, Annotated Code of Maryland, whose duties as such official or employee
include matters relating to or affecting the subject matter of this Contract, shall during the
pendency and term of this Contract and while serving as an official or employee of the State
become or be an employee of the Contractor or any entity that is a subcontractor on this
Contract.
Nondiscrimination in Employment
The Contractor agrees: (a) not to discriminate in any manner against an employee or
applicant for employment because of race, color, religion, creed, age, sex, marital status,
national origin, sexual orientation, sexual identity, ancestry, or disability of a qualified person
with a disability, sexual orientation, or any otherwise unlawful use of characteristics; (b) to
include a provision similar to that contained in subsection (a}, above, in any underlying
subcontract except a subcontract for standard commercial supplies or raw materials; and (c)
to post and to cause subcontractors to post in conspicuous places available to employees and
applicants for employment, notices setting forth the substance of this clause.
18.12. Commercial Non-Discrimination
18.12.1. As a condition of entering into this Contract, Contractor represents and warrants that
it will comply with the State's Commercial Nondiscrimination Policy, as described
under Title 19 of the State Finance and Procurement Article of the Annotated Code
of Maryland. As part of such compliance, Contractor may not discriminate on the
basis of race, color, religion, ancestry, national origin, sex, age, marital status, sexual
orientation, sexual identity, disability, or other unlawful forms of discrimination in
the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors,
suppliers, or commercial customers, nor shall Contractor retaliate against any person
for reporting instances of such discrimination. Contractor shall provide equal
opportunity for subcontnv:ttJrs, vendors, and suppliers to participate in all of its
public sector and private sector subcontracting and supply opportunities, provided
that this clause does not prohibit or limit lawful efforts to remedy the effects of
marketplace discrimination that have occurred or are occurring in the marketplace.
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Contractor understands that a material violation of this clause shall be considered a
material breach of this Agreement and may result in termination of this Contract,
disqualification of Contractor from participating in State contracts, or other sanctions.
This clause is not enforceable by or for the benefit of, and creates no obligation to,
any third party.
18.12.2. As a condition of entering into this Contract, upon the request of the Commission on
Civil Rights, and only after the filing of a complaint against Contractor under Title 19
of the State Finance and Procurement Article of the Annotated Code of Maryland, as
amended from time to time, Contractor agrees to provide within 60 days after the
request a complete list of the names of all subcontractors, vendors, and suppliers that
Contractor has used in the past four ( 4) years on any of its contracts that were
undertaken within the State of Maryland, including the total dollar amount paid by
Contractor on each subcontract or supply contract. Contractor further agrees to
cooperate in any investigation conducted by the State pursuant to the State's
Commercial Nondiscrimination Policy as set forth under Title 19 of the State Finance
and Procurement Article of the Annotated Code of Maryland, and to provide any
documents relevant to any investigation that are requested by the State. Contractor
understands that violation of this clause is a material breach of this Contract and may
result in Contract termination, disqualification by the State from participating in State
contracts, and other sanctions.
18.13. Subcontracting and Assignment
The Contractor may not subcontract any portion of the products or services provided under
this Contract without obtaining the prior written approval of the Procurement Officer, nor
may the Contractor assign this Contract or any of its rights or obligations hereunder, without
the prior written approval of the State. Any such approvals shall be at th~ State's sole and
absolute discretion. Any such subcontract or assignment shall include the terms of this
Contract and any other terms and conditions that the State deems necessary to protect its
interests. The State shall not be responsible for the fulfillment of the Contractor's obligations
to any subcontractors.
18.14. Minority Business Enterprise Participation
18.14.1. Establishment of Goal and Subgoals.
MBE subcontractor participation goal and subgoals have been established for this
procurement as described in section 1.24 of the RFP.
18.14.2. Liquidated Damages
18.14.2.1. This Contract requires the Contractor to make good faith efforts to comply with
the MBE Program and Contract provisions. The State and the Contractor
acknowledge and agree that the State will incur damages, including but not
limited to loss of goodwill, detrimental impact on economic development, and
diversion of internal staff rc:;curccs, if the Contractor does not make good faith
efforts to comply with the requirements of the MBE Program and MBE
r .... tr::. tr .. •··:_:. •ns. The parties further acknowledge and agree that the
damages the State might reasonably be anticipated to accrue as a result of such
lack of complfance are difficu!t tc ~:::---=-::.~~~ ·;;~!!-; y:;::::::-.;::~:.::~
13.11.2.2. Therefore, upon a determination by the Si..ii.c ihat the Contractor failed to make
good faith efforts to comply with one or more of the specified MBE Program
:-.· •;.:.:;,.:;.~~-::lt'.: or C~!!trr!i:-1" provi~fons, t'11! C0ntrr!i:tor agrees to pay liquidated
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damages to the State at the rates set forth below. The Contractor expressly
agrees that the State 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 State is anticipated to incur as a result of such violation.
i. Failure to submit each monthly payment report in full compliance with
COMAR 21.l 1.03.13B (3): an amount per day established at the
PORFP level per day until the monthly report is submitted as required.
ii. 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): an amount per day established atthe
PORFP level per MBE subcontractor.
iii. 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.
1v. 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.
v. Failure to promptly pay all undisputed amounts to an MBE subcontractor
in full compliance with the prompt payment provisions of this Contract:
an amount per day established at the PORFP level per day until the
undisputed amount due to the MBE subcontractor is paid.
Notwithstanding the use ofliquidated damages, the State reserves the right to
terminate the Contract and exercise all other rights and remedies provided in
the Contract or by law.
18.14.3. MBE Prompt Pay Requirements
18.14.3.1. To ensure compliance with certified MBE subcontract participation goals, the
Department or Agency may, consistent with COMAR 21.11.03.13, take the
following measures:
A) Verify that the certified MBEs listed in the MBE participation
schedule actually are performing work and receiving compensation
as set forth in the MBE participation schedule. This verification may
include, as appropriate:
( 1) Inspecting any relevant records of the Contractor;
(2) Inspecting the jobsite; and
(3) Interviewing subcontractors and workers.
(4) Verification shall include a review of:
(a) The Contractor's monthly report listing unpaid
invoices over 30 days old from certified MBE
subcontractors and the reason for nonpayment; and
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18.15.
18.16.
18.17.
(b) The monthly report of each certified MBE
subcontractor, which lists payments received from
the Contractor in the preceding 30 days and invoices
for which the subcontractor has not been paid.
B) If the Department or Agency determines that the Contractor is not in
compliance with certified MBE participation goals, then the
Department or Agency will notify the Contractor in writing of its
findings, and will require the Contractor to take appropriate
corrective action. Corrective action may include, but is not limited
to, requiring the Contractor to compensate the MBE for work
performed as set forth in the MBE participation schedule.
C) If the Department or Agency determines that the Contractor is in
material noncompliance with MBE Contract provisions and refuses
or fails to take the corrective action that the Department or Agency
requires, then the Department or Agency may:
(1) Terminate the Contract;
(2) Refer the matter to the Office of the Attorney General
for appropriate action; or
(3) Initiate any other specific remedy identified by this
Contract.
18.14.3.2. Upon completion of the contract, but before final payment or release of
retainage or both, the Contractor shall submit a final report, in affidavit form
under the penalty of perjury, of all payments made to, or withheld from MBE
subcontractors.
Insurance Requirements
The Contractor shall maintain workers' compensation coverage, property and casualty and
any other insurance as required in the RFP. The minimum limits of such policies must meet
any minimum requirements established by law and the limits of insurance required by the
RFP, and shall cover losses resulting from or arising out of Contractor action or inaction in
the performance of services under the Contract by the Contractor, its agents, servants,
employees or subcontractors. Effective no later than the date of execution of the Contract,
and continuing for the duration of the Contract term, and any applicable renewal periods, the
Contractor shall maintain such insurance coverage and shall report such insurance annually or
upon Contract renewal, whichever is earlier, to the Procurement Officer. The Contractor is
required to notify the Procurement Officer in writing, if policies are cancelled or not renewed
5 days of learning of such cancellation and/or nonrenewal. Certificates of insurance
evidencing this coverage shall be provided within five (5) days of notice ofrecommended
award. All insurance policies shall be issued by a company properly authorized to do business
in the State of Maryland. The State shall be named as an additional named insured on the
property and casualty policy and as required in the RFP.
Veteran Owned Small Business Enterprise Participation
There is no VSBE subcontractor participation goal for this procurement.
Security Requirements and Incident Response
The Contractor agrees to abide by all applicable federal, State and local laws concerning
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18.18.
infonnation security and comply with current State and Department of Information
Technology information security policy , currently found at
http ://doit.maryland .gov /Publ ica tions /DoITSecurityPolicy .pdf. Contractor shall limit access
to and possessioQ of Sensitive Data to only employees whose responsibilities reasonably
require such access or possession and shall train such employees on the Confidentiality
obligations set forth herein. This Section 18 shall survive expiration or termination of this
Contract.
Suspension of Work
The Procurement Officer unilaterally may order the Contractor in writing to suspend, delay ,
or interrupt all or any part of its performance for such period of time as the Procurement
Officer may determine to be appropriate for the convenience of the State.
18.19. Nonvisual Accessibility Warranty
18.19.1. The Contractor warrants that the information technology to be provided under the
Contract.
(a) provides equivalent access for effective use by both visual and non-visual
means;
(b) will present information , including prompts used for interactive
communications , in formats intended for both visual and non-visual use;
( c) if intended for use in a network, can be integrated into networks for obtaining,
retrieving, and disseminating information used by individuals who are not
blind or visually impaired ; and
(d) is available, whenever possible, without modification for compatibility with
Software and hardware for non-visual access.
18.19.2. The Contractor further warrants that the cost, if any, of modifying the information
technology for compatibility with Software and hardware used for non-visual access
does not increase the cost of the information technology by more than five percent.
For purposes of this Contract, the phrase "equivalent access" means the ability to
receive, use and manipulate information and operate controls necessary to access and
use information technology by non-visual means. Examples of equivalent access
include keyboard controls used for input and synthesized speech, Braille, or other
audible or tactile means used for output.
18.20. Compliance with Laws/Arrearages
The Contractor hereby represents and warrants that:
18.20. l It is qualified to do business in the State of Maryland and that it will take such action
as , from time to time hereafter, may be necessary to remain so qualified;
18.20.2. It is not in arrears with respect to the payment of any monies due and owing the State
of Maryland, or any department or unit thereof, including but not limited to the
payment of taxes and employee benefits , and that it shall not become so in arrears
during the term of this Contract;
18 .20.3 . It shall comply with all federal , State and local laws, regulations, and ordinances
applicable to its activities and obligations under this Contract; and,
18 .20.4. It shall obtain, at its expense, all licenses, permits, insurance, and governmental
approvals, if any , necessary to the performance of its obligations under this Contract.
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18.21.
18.22.
18.23.
18.24.
Contingent Fee Prohibition
The Contractor warrants that it has not employed or retained any person, partnership,
corporation, or other entity, other than a bona fide employee or bona fide agent working for
the Contractor to solicit or secure this Contract, and that it has not paid or agreed to pay any
person, partnership, corporation or other entity, other than a bona fide employee or bona fide
agent, any fee or other consideration contingent on the making of this Contract
Delays and Extensions of Time
The Contractor agrees to perform this Contract continuously and diligently. No charges or
claims for damages shall be made by the Contractor for any delays or hindrances from any
cause whatsoever during the progress of any portion of the work specified in this Contract.
Time extensions will be granted only for excusable delays that arise from unforeseeable
causes beyond the control and without the fault or negligence of the Contractor, including but
not restricted to acts of God, acts of the public enemy, acts of the State in either its sovereign
or contractual capacity, acts of another contractor in the performance of a contract with the
State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of
subcontractors or suppliers arising from unforeseeable causes beyond the control and without
the fault or negligence of either the Contractor or the subcontractors or suppliers.
Financial Disclosure
The Contractor shall comply with the provisions of§ 13-221 of the State Finance and
Procurement Article of the Annotated Code of Maryland, which requires 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 these
contracts, leases or other agreements reaches $100,000, file with the Secretary of State of
Maryland certain specified infonnation to include disclosure of beneficial ownership of the
business.
Political Contribution Disclosure
The Contractor shall comply with the provisions of Md. Code Ann., Election Law Article,
Title 14, which requires that every person that enters into a contract for procurement with the
State, a county or a municipal corporation or other political subdivision of the State, during a
calendar year in which the person receives a contract with a governmental entity in the
aggregate $200,000 or more, shall file with the State Board of Elections statements
disclosing: (a) any contributions made during the reporting period to a candidate for elective
office in any primary or general election and (b) the name of each candidate to whom one or
more contributions in a cumulative amount of $500 or more were made during the reporting
period .. The statement shall be filed with the State Board of Elections: (1) before execution of
a contract by the State, a county, municipal corporation, or other political subdivision of the
State, and shall cover the 24 months prior to when a contract was awarded; and (2) if the
contribution is made after the execution of a contract, then twice a year, throughout the
contract term, on: (i) February 5, to cover the six-month period ending January 31; and (ii)
August 5, to cover the six-month period ending July 31. Additional information is available
on the State Board of Elections website:
http://www.elections.state.md.us/campaign _ finance/index.html.
18.25. Retention of Records and Audit
18.25.1. The Contractor and Subcontractors shall retain and maintain all records and
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18.25.2
18.25.3
18.25.4
18.25.5
documents in any way relating to this Contract for three (3) years after final payment
by the State under this Contract, or any applicable statute of limitations, prevailing
federal or State law or regulation, or condition of award, whichever is longer, and
shall make them available for inspection and audit by authorized representatives of
the State, including the Procurement Officer or the Procurement Officer's designee, at
all reasonable times. The Contractor shall, upon request by the Department, surrender
all and every copy of documents needed by the State, including, but not limited to
itemized billing documentation containing the dates, hours spent and work performed
by the Contractor and its subcontractors under the Contract The Contractor agrees to
cooperate fully in any audit conducted by or on behalf of the State, including, by way
of example only, making records and employees available as, where, and to the
extent requested by the State and by assisting the auditors in reconciling any audit
variances. Contractor shall not be compensated for providing any such cooperation
and assistance. All records related in any way to the Contract are to be retained for
the entire time provided under this section.
The State reserves the right, at its sole discretion and at any time, to perform an audit
of the Contractor's and/or Subcontractors' performance under this Contract. In this
Contract, an audit is defined as a planned and documented independent activity
performed by qualified personnel, including but not limited to State and federal
auditors, to determine by investigation, examination, or evaluation of objective
evidence from data, statements, records, operations and performance practices
(financial or otherwise) the Contractor's and/or Subcontractor's compliance with the
Contract, including but not limited to the adequacy and compliance with established
procedures and internal controls over the services being performed for the State.
Upon three (3) business days' notice, Contractor and/or Subcontractors shall provide
the State reasonable access during normal business hours to their records to verify
conformance to the terms of this Contract The State shall be permitted to conduct
these audits with any or all of its own internal resources or by securing the services of
a third party accounting/audit firm, solely at the State's election. The State shall have
the right to copy, at its own expense, any record related to the services performed
pursuant to this Contract.
Contractor and/or Subcontractors shall cooperate with the State or the designated
auditor and shall provide the necessary assistance for the State or the designated
auditor to conduct the audit.
The right to audit shall include subcontracts in which goods or services are
subcontracted by Contractor and/or Subcontractors and that provide essential support
to the services provided to the State under this Contract. Contractor and/or
Subcontractors shall ensure the State has the right to audit with any lower tier
Subcontractor.
18.25.6. This Section 18.25 shall survive expiration or termination of this Contract.
18.26 Compliance with federal Health Insurance Portability and Accountability Act
(HIP AA) and State Confidentiality Law
HIP AA clauses do not apply to this Contract.
19. Administrative Information
19.1. Procurement Officer and Contract Manager
The day-to-day work to be accomplished under this Contract shall be performed under the
126
direction of the Contract Manager and, as appropriate, the Procurement Officer. All matters
relating to the interpretation of this Contract shall be referred to the Procurement Officer for
determination.
19.2. Notices
All notices hereunder shall be in writing and either delivered personally or sent by certified or
registered mail, postage prepaid as follows:
If to the State:
With a copy to:
State of Maryland
Department oflnformation Technology
45 Calvert Street
Annapolis, MD 21401-1907
Gayle Mealy
Department of Information Technology (DolT)
45 Calvert Street, Rm 424A
Annapolis, MD 21401-1907
Gayle.Mealy@maryland.gov
If to the Contractor:
Compuquip Technologies, LLC
2894 NW 79th Ave
Doral, FL 33122
Attn: Luis Santiago
IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set
forth.
CONTRACTOR
By: Compuquip Technologies, LLC
~Ot,-\ ~" 0'1
~~~ Witness
DEPARTMENT OF INFORMATION
TECHNOLOGY
By:
Date
Witness
127
Approved for form and legal sufficiency this ____ day of ____ 20_
Assistant Attorney General
APPROVED BY BPW: -------(Date) (BPWitem#)
Master Contractor Email MBE SBR
2020 Teknology kscully@2020teknology.com
Applied Technology Services, Inc. (ATS)sales@appliedtechnologyservices.com X X
CDWGovernment bids@cdwg.com
Compuquip Technologies lsantiago@compuquip.com
Dimension Data, Inc.steve.stutz@dimensiondata.com
En-Net Services, LLC mdsales@en-netservices.com X
GigaNetworks sales@giganetworks.com
MCI Communications Services, Inc. dba
Verizon Business Services Verizon.HW@verizon.com
Mission Essentials, LLC roscoe.price@missionessentialsllc.com X
OmegaCor Technologies pmatthias@omegacorit.com X X
Presidio Networked Solutions, LLC PresidioMDTeam@presidio.com
SNAP, Inc.ngupta@snapinc.net X X
Universal Adaptive Consulting Services, Inc.
(UACS)sales@uacsi.com X X
Victory Global Solutions, Inc.abrown@victorygs.com X X
Send PORFP to Master Contractors:
1. Copy email addresses from Excel
2. Paste email addresses in email ‘To’ section.
See FAQ #5 for Agencies. Do not reuse the file in the future.
3. Attach completed PORFP to email
4. Send email to Master Contractors
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ATTACHMENT C - Contract Affidavit
A. AUTHORITY
I HEREBY AFFIRM THAT:
I, ________________________ (name of affiant), am the ______________ (title) and duly
authorized representative of __________________________ (name of business entity) and I
possess the legal authority to make this affidavit on behalf of the business for which I am acting.
B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE
DEPARTMENT OF ASSESSMENTS AND TAXATION
I FURTHER AFFIRM THAT:
The business named above is a (check applicable box):
(1) Corporation — domestic or foreign;
(2) Limited Liability Company — domestic or foreign;
(3) Partnership — domestic or foreign;
(4) Statutory Trust — domestic or foreign;
(5) Sole Proprietorship.
and is registered or qualified as required under Maryland Law. I further affirm that the above
business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where
it is presently organized, and has filed all of its annual reports, together with filing fees, with the
Maryland State Department of Assessments and Taxation. The name and address of its resident
agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is:
Name and Department ID
Number:_____________________________Address:_______________________________
and that if it does business under a trade name, it has filed a certificate with the State Department
of Assessments and Taxation that correctly identifies that true name and address of the principal
or owner as:
Name and Department ID Number: ______________________________________________
Address:____________________________________________________________________
C. FINANCIAL DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
I am aware of, and the above business will comply with, the provisions of State Finance and
Procurement Article, §13-221, 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
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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.
D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
I am aware of, and the above business will comply with, Election Law Article, Title 14,
Annotated Code of Maryland, which requires that every person that enters into a contract for a
procurement with the State, a county, or a municipal corporation, or other political subdivision of
the State, during a calendar year in which the person receives a contract with a governmental
entity in the amount of $200,000 or more, shall file with the State Board of Elections statements
disclosing: (a) any contributions made during the reporting period to a candidate for elective
office in any primary or general election; and (b) the name of each candidate to whom one or
more contributions in a cumulative amount of $500 or more were made during the reporting
period. The statement shall be filed with the State Board of Elections: (a) before execution of a
contract by the State, a county, a municipal corporation, or other political subdivision of the
State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the
contribution is made after the execution of a contract, then twice a year, throughout the contract
term, on: (i) February 5, to cover the six (6) month period ending January 31; and (ii) August 5,
to cover the six (6) month period ending July 31. Additional information is available on the
State Board of Elections
website: http://www.elections.state.md.us/campaign_finance/index.html.
E. DRUG AND ALCOHOL FREE WORKPLACE
(Applicable to all contracts unless the contract is for a law enforcement agency and the agency
head or the agency head’s designee has determined that application of COMAR 21.11.08 and
this certification would be inappropriate in connection with the law enforcement agency’s
undercover operations.)
I CERTIFY THAT:
(1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this
certification.
(2) By submission of its Bid/Proposal, 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
130
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 who the business knows, or in the
exercise of due diligence should know, currently abuses drugs or alcohol and is not actively
engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;
(e) Promptly inform the appropriate law enforcement agency of every drug-related crime that
occurs in its workplace if the business has observed the violation or otherwise has reliable
information that a violation has occurred;
(f) Establish drug and alcohol abuse awareness programs to inform its employees about:
(i) The dangers of drug and alcohol abuse in the workplace;
(ii) The business's policy of maintaining a drug and alcohol free workplace;
(iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance
programs; and
(iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in
the workplace;
(g) Provide all employees engaged in the performance of the contract with a copy of the
statement required by §E(2)(b), above;
(h) Notify its employees in the statement required by §E(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 §E(2)(h)(ii),
above, or otherwise receiving actual notice of a conviction;
(j) Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving
actual notice of a conviction, impose either of the following sanctions or remedial measures
on any employee who is convicted of a drug or alcohol abuse offense occurring in the
workplace:
(i) Take appropriate personnel action against an employee, up to and including
termination; or
(ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse
assistance or rehabilitation program; and
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(k) Make a good faith effort to maintain a drug and alcohol free workplace through
implementation of §E(2)(a)—(j), above.
(3) If the business is an individual, the individual shall certify and agree as set forth in §E(4),
below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing,
possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract.
(4) I acknowledge and agree that:
(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and
this certification;
(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to
suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or
21.07.03.15, as applicable; and
(c) The violation of the provisions of COMAR 21.11.08 or this certification in connection
with the contract may, in the exercise of the discretion of the Board of Public Works, result
in suspension and debarment of the business under COMAR 21.08.03.
F. CERTAIN AFFIRMATIONS VALID
I FURTHER AFFIRM THAT:
To the best of my knowledge, information, and belief, each of the affirmations, certifications, or
acknowledgements contained in that certain Bid/Proposal Affidavit dated ________ , 20___ ,
and executed by me for the purpose of obtaining the contract to which this Exhibit is attached
remains true and correct in all respects as if made as of the date of this Contract Affidavit and as
if fully set forth herein.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY
THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
Date: ______________
By: __________________________ (printed name of Authorized Representative and Affiant)
_________________________________ (signature of Authorized Representative and Affiant)
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S T A T E O F M A R Y L A N D
DEPARTMENT OF INFORMATION TECHNOLOGY
45 Calvert Street Annapolis, MD 21401-1907
Tel: (410) 260-7778 Fax: (410) 974-5060 Toll Free: 1 (800) 705-3493 TTY Users: call via Maryland Relay
http://www.doit.maryland.gov
LARRY HOGAN
Governor
BOYD RUTHERFORD
Lieutenant Governor
DAVID A. GARCIA
Secretary
June 14, 2016
Compuquip Technologies
Ivan Rezvoy
Director of Finance
2894 NW 79th Avenue,
Doral, FL 33122
Subject: Project #060B2490022-2015 – Hardware and Associated Equipment and Services Expansion
Window
Mr. Rezvoy
The evaluation and selection process for the above referenced solicitation is complete. I am pleased to
inform you that Compuquip Technologies is being recommended for award of the Hardware and
Associated Equipment and Services Master Contract with the State of Maryland. Please be advised;
however, that final award is contingent upon approval of the Master Contract by the Maryland Board of
Public Works (BPW) and execution of the contract with the Department of Information Technology
(DoIT). This matter is tentatively scheduled for consideration and approval by the BPW at its public
meeting on June 22, 2016.
Before your contract can be presented for BPW approval, the Department of Information Technology
must receive the following from your company:
1)A signed PDF copy of attached Contract and Contract Affidavit emailed to
hardwareproposals.doit@maryland.gov no later than Friday, June 17, 2016 at 2:00 PM EST,
with originals to follow and be received no later than Tuesday June 21, 2016, 2012 at 5:00 PM
EST.
a.Please do not fill in the date at the top of the Contract.
b.Section 1.3- Please enter your company’s principal address on the first line and, if you have a
Maryland office, please enter your Maryland address on the second line. **If your company
does not have a Maryland address, please leave the second line blank.
c.Section 1.7- Please enter the date of your Financial proposal.
d.Section 1.20- Please enter the date of your Technical proposal.
e.Section 2.2 B- Please enter the date that the Contract and Contract Affidavit are signed.These
dates must match.
f.Section 4.4- Please verify your company’s Tax ID and eMM number. If they are incorrect,
please contact me as soon as possible.
g.Section 19.2- Please enter the address and point-of-contact name.
h.Please sign, print name, date and have the document witnessed. **The date must match the
date in Section 2.2 B as entered above and the date on the Contract Affidavit.
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June 14, 2016
Page 2
2)Include three original signed copies of the attached Contract document; each must be signed by an
authorized individual and witnessed where indicated; and
3)Include one completed and signed original of the Contract Affidavit (RFP Attachment C).
a. Section B- Please notate “domestic” if your company has a principle office in Maryland.
b. Section B- Please notate “foreign” if your company does not have an office in Maryland.
c. Section B- If your business does not have an office in Maryland, please include the information
for your resident agent. Please contact me as soon as possible if you are unsure how to
complete this information.
d. Section F-This date must match the date on your Bid/Proposal Affidavit as submitted in
your Proposal.
e. Please sign and date. **The date on the Contract Affidavit must match the date you enter
on the signature page and Section 2.2 B of the Contract.
A copy of the signed Contract and Contract Affidavit must be emailed to the attention of Gayle Mealy
at Gayle.Mealy@maryland.gov as soon as possible, but no later than Friday, June 17, 2016 at 2:00
PM EST with originals to follow as described above to:
Gayle Mealy
Department Of Information Technology
45 Calvert St., Room 442A
Annapolis, MD 21401
After approval by the Board of Public Works, DoIT will obtain the necessary signatures for the State
and return a fully executed copy of the Contract to you for your records. If there are any questions,
please do not hesitate to contact me at 410-260-4074.
Sincerely,
Gayle Mealy
Gayle Mealy
Procurement Officer
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