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NOTICE TO INTERESTED PARTIES
The Maryland Department of Planning (MDP), through the Maryland Historical Trust (MHT), seeks a
Consultant to provide the services outlined in the attached Request for Proposal (RFP). The Maryland
Historical Trust, the State Historic Preservation Office, is an instrumentality of the State of Maryland and
part of the Maryland Department of Planning.
Interested Offerors meeting the Preferred Qualification requirements are invited to attend a mandatory
Pre-Proposal Conference at 1:00 PM, Tuesday, May 14, 2019. Proposals must be submitted to the
Procurement Officer, identified below, in hard copy no later than 4:00 PM, Monday, June 3, 2019 at
the MHT’s offices at 100 Community Place, Crownsville, MD 21032. All late proposals received will
be returned unopened to the Offeror. If the proposal is hand-delivered or delivered by courier, photo
identification must be presented to enter the building.
The Procurement Officer for this Contract is:
Evelyn Cohen, Procurement Officer
Maryland Historical Trust
100 Community Place
Crownsville, MD 21032
Phone: 410-697-9540
Fax: 410-697-9616
E-mail: [email protected]
The Project Monitor for this procurement is:
Megan Klem, Preservation Officer
Maryland Historical Trust
100 Community Place
Crownsville, MD 21032
Phone: 410-697-9560
Fax: 410-697-9616
E-mail: [email protected]
MDP will issue a purchase order to the successful Offeror. The Project Monitor will be the sole point of
contact for questions and matters related to this procurement.
eMM is the electronic commerce system for the State of Maryland. The RFP, Pre-Proposal Conference
summary and attendance sheet, Offerors’ questions and the Procurement Officer’s responses, addenda,
and other solicitation-related information will be made available via eMM.
Based on the availability of time to research and communicate an answer, the Project Monitor shall
decide whether an answer can be given before the Proposal due date.
Answers to all questions that are not clearly specific only to the requestor will be distributed via the same
mechanism as for RFP amendments, and posted on eMM.
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The statements and interpretations contained in responses to any questions, whether responded to verbally
or in writing, are not binding on MDP / MHT unless an amendment is issued in writing.
Potential Offerors not responding to this solicitation are requested to submit the “No Reply” form
attached hereto, which includes company information and the reason for not responding (e.g., too busy,
cannot meet mandatory requirements).
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CONTRACTOR / BUILDER
NO REPLY FORM
FIRM NAME:
PROJECT: STUDY OF THE REDEVELOPMENT OF HISTORIC GOVERNMENT
COMPLEXES: CHALLENGES AND OPPORTUNITIES
It is important that the Maryland Historical Trust receive a reply from all invited firms. There is no
obligation to submit a quotation or proposal; however, should you choose not to make a proposal,
completion of this form will assist us in the future. If, for any reason, you are not submitting a proposal on
this Request, we ask that you check one of more reasons below or explain briefly in the space provided.
Please return the completed form to:
Evelyn T. Cohen, Procurement Officer
Maryland Historical Trust
100 Community Place
Crownsville, MD 21032
Phone: (410) 697-9540
Fax: (410) 697-9616
E-mail: [email protected]
We hereby submit a “No Reply” because (check any that apply):
1. We are not interested in being selected through an RFP process.
2. We have insufficient time to respond.
3. Our schedule will not permit us to perform.
4. We do not feel we can be competitive.
5. Scope of work is too large.
6. Scope of work is too small.
7. We do not wish to respond under the terms and conditions of the RPF. Please elaborate:
8. We are unable to meet the requirements because:
9. Other; please explain:
Name:______________________________________ Title: __________________________________
Signature: _____________________________________________ Date: ____________________
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STATE OF MARYLAND
MARYLAND DEPARTMENT OF PLANNING
MARYLAND HISTORICAL TRUST
Date Issued: May 3, 2019
Pre-Proposal Conference: 1 PM on Tuesday, May 14, 2019 in the MHT’s Board of Trustees Conference
Room, 100 Community Place, Crownsville, MD 21032 (in person or via conference call);
contact Megan Klem to confirm attendance by Monday, May 13, 2019
Proposals Due: In hard copy to MHT by 4:00 PM on Monday, June 3, 2019
REQUEST FOR PROPOSALS (RFP)
STUDY OF REDEVELOPMENT OF HISTORIC GOVERNMENT COMPLEXES:
CHALLENGES AND OPPORTUNITIES
I. PURPOSE
Maryland Senate Bill 741, effective on June 1, 2019, requires the Secretary of the Maryland
Department of Planning to conduct a study on the adaptive reuse of historic properties. The
purpose of this RFP is to obtain a qualified individual or firm (the “Consultant”) to conduct a
study on the redevelopment projects involving the preservation of historic campuses and
complexes located within the State of Maryland (the “State”) that are or were owned by the
federal government or by the State, and to offer recommendations for overcoming the challenges
and obstacles to their redevelopment (the “Study”). The Study should focus on properties located
in the State, but may discuss completed projects outside the State, as case studies on the
reproducible factors / strategies that caused those projects to be successful. The Consultant will
coordinate the project with the Maryland Historical Trust’s Project Monitor under the guidance of
a steering committee comprised of State and non-State members, based on the Scope of Services
in this RFP and work sequence submitted with the proposal. A draft report of findings and
recommendations must be submitted no later than September 16, 2019. The final work
product must be completed and submitted no later than December 16, 2019.
The Maryland Historical Trust (MHT), the State Historic Preservation Office, is an agency within
the Maryland Department of Planning.
II. PRE-PROPOSAL CONFERENCE
A Pre-Proposal Conference will be held at the Maryland Historical Trust, 100 Community Place,
Crownsville, MD, 21032, at 1PM local time on Tuesday, May 14, 2019 in the Board of Trustees
Conference Room. Attendance at the Pre-Proposal Conference is mandatory. If you are unable to
attend in person, MHT can arrange for you to participate via conference call, given advance
notice. Contact Megan Klem, Project Monitor, at [email protected] to confirm
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participation and indicate whether you will be attending in person or via conference call no
later than 12 PM (noon) on Monday, May 13, 2019.
Proposals submitted by Offerors who do not attend the Pre-Proposal Conference in person or by
conference call will not be considered responsive. Following the Pre-Proposal Conference, a
summary of the conference and all questions and answers available at that time will be posted on
eMM and made available to all prospective Offerors who attended the Pre-Proposal Conference.
III. PREFERRED QUALIFICATIONS
The Offeror must meet the following qualifications:
A. Independent, non-governmental individual or firm;
B. Multi-disciplinary experience and knowledge in these areas:
a. Historic preservation;
b. Construction and development;
c. Economic development; and
d. Stakeholder engagement.
C. Demonstrated ability to produce high-quality studies or comparable scope and complexity.
D. Demonstrated ability to understand and evaluate the significance of historic properties, including
experience in applying the Secretary of the Interior’s Standards when determining eligibility of a
property and reviewing construction projects. The Standards are found at
https://www.nps.gov/tps/standards.htm.
E. Demonstrated writing and research skills;
F. At least one key team member must meet the Secretary of the Interior’s Professional
Qualifications Standards (the “Qualifications Standards”) in 1 of 5 fields (history, archeology,
architectural history, architecture, historic architecture) described therein. The Qualification
Standards are found at: http://www.nps.gov/history/local-law/arch_stnds_9.htm.
G. Additionally, the Consultant or Consultant team must possess analytical and organizational skills
and a demonstrated ability to write clearly and concisely about complex issues for a general
audience. An electronic copy (PDF) of one comparable report or study must be submitted with
the proposal.
H. The above-listed criteria will be evaluated as part of the Technical Proposal.
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IV. SCOPE OF SERVICES
A. PROJECT BACKGROUND
The preservation of Maryland’s irreplaceable heritage is intrinsically valuable. Historic
preservation can result in substantial economic benefit, as well as significant economic cost. The
disposal of excess and underutilized historic real property by State and federal government
agencies is often challenged by competing stakeholder interests, regulatory constraints, costly
environmental requirements, geographical location, and design. It is in the public interest to
identify solutions in support of the redevelopment and adaptive reuse of historic campuses and
complexes in a manner that is economically feasible, results in positive preservation outcomes,
supports local community development goals, and considers exceptional circumstances.
Maryland is home to many of these large campuses and complexes, such as hospitals, schools,
and military bases, that lend themselves to unique redevelopment challenges. Similar properties
around the country face many of these same challenges. Examples of government complexes that
may be considered for use as case studies, include but are not limited to the following:
In-State examples: (C) = Completed, (NS) = Not Started, (IP) = In Progress
▪ National Park Seminary – Montgomery County (C/IP)
▪ Sykesville / Springfield Hospital Center – Carroll County (C/IP)
▪ Middle River Depot / Glenn L. Martin, Plant #2 – Baltimore County (NS)
▪ Crownsville Hospital Complex – Anne Arundel County (NS)
▪ Glenn Dale Hospital – Prince George’s County (NS)
▪ Fort Howard – Baltimore County (NS)
▪ Tome School – Cecil County (NS)
Out-of-State examples:
▪ Broughton Hospital – Morganton, NC
▪ South Carolina State Hospital – Columbia, SC
▪ Fort Benjamin Harrison – Lawrence, IN
▪ Dorothea Dix Hospital – Raleigh, NC
▪ Western State Hospital – Staunton, VA
The Maryland Department of Planning (MDP), in coordination with the Maryland Historical
Trust (MHT), is seeking a qualified Consultant to conduct the Study examining (i) successful
preservation and redevelopment projects of complexes and/or campuses within the State that are
or were owned by the federal government or by the State; and (ii) the challenges of preserving
and redeveloping historic complexes and/or campuses that are or were owned by the federal
government or by the State. The purposes of the Study are to (i) identify the elements common to
the successful redevelopment of complexes and campuses, based on an analysis of selected
completed projects; (ii) identify the challenges of projects that have yet to begin and analyze how
existing programs may offer solutions to the challenges; and (iii) make recommendations on
changes to existing programs and regulations or the development of new programs and
demonstrate how those recommendation would alleviate these redevelopment challenges. Further
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detail available in SB 741, see link at http://mgaleg.maryland.gov/2019RS/bills/sb/sb0741e.pdf
B. SCOPE OF SERVICES
1. Study of Successful Preservation and Redevelopment Projects
a. Identification of primary obstacles and key success factors to the preservation and
redevelopment of historic properties, including how the following components
contribute to the cost-value balance of a project:
i. Structural conditions;
ii. Environmental and health considerations;
iii. Local community economic development goals;
iv. Prevailing market real estate conditions;
v. Materials, labor and other regulatory requirements; and
vi. Available tax credits and other incentives.
b. Identification of existing federal, State, and local governmental and private programs
and resources that have been used to support preservation and redevelopment
projects, demonstrating both the limitations and positive impacts of such programs;
c. Development of at least three (3) case studies of historic complexes or campuses that
have been preserved or redeveloped, either within or outside the State, illustrating
obstacles and success factors described in Section 1.a and b above.
d. Case study examples must be currently or previously Federally-owned or State-
owned complexes or campuses that:
i. Consist of multiple buildings;
ii. Contain at least three (3) discrete buildings;
iii. May be interconnected;
iv. Encompass at least 50,000 square feet in total gross floor area; and
v. Are located on at least three (3) acres of land.
e. Case study examples may not include farms or other properties that are primarily
used for agricultural purposes. Applicable case studies that have already been
developed should be referenced rather than duplicated.
f. In preparing the case studies, the Consultant is expected to provide an appropriate
methodology, possibly including interviews of relevant resource persons.
Quantitative and qualitative methods are expected to be used to evaluate the
effectiveness of these projects.
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2. Study of Challenges and Recommendations
a. Development of three (3) case studies of historic complexes or campuses in
Maryland meeting the criteria described in Section 1.d,e and f above that have not
yet been preserved or redeveloped, identifying the challenges particular to those
properties (including those challenges listed in 1.a above).
b. Identification of new programs that can be created to support such projects.
c. Identification of regulatory changes that can support such projects.
d. Demonstration of how existing programs and recommended new programs and
regulatory changes can positively impact their such projects.
e. Recommendations for a historic resource package consisting of new and/or
modifications to existing incentives, programs, and resources that could be applied to
support such projects for consideration by the MDP Secretary and General Assembly
in the 2020 session.
3. Contract Period and Schedule
a. The contract term shall start upon finalization of a contract with the selected
Consultant and end December 16, 2019.
b. The Consultant shall commence work within 30 days of being awarded a contract.
MDP anticipates that it will announce the winning bid from the RFP on
approximately June 14, 2019.
c. As part of its proposal, the Consultant must propose a project timetable / work
sequence based on the following steps:
i. Conduct at least three (3) meetings with the Steering Committee (for each
meeting, specify in person or teleconference). One meeting shall be prior to
starting work, one meeting upon submission of the draft report, and one
meeting upon submission of the final report.
ii. Collecting information on successful projects
iii. Evaluating properties that have not yet been started
iv. Draft report deadline – September 16, 2019 (80% completion)
v. Steering Committee responds with comments
vi. Final report deadline – December 16, 2019
C. PROJECT DELIVERABLES
The Consultant shall deliver draft and final versions of the Study, satisfactory to MHT in form
and content, that address the criteria described in Section B above.
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1. A draft of the Study is due on or before September 16, 2019 for the Steering Committee’s
review and comments.
2. The final Study is due on or before December 16, 2019.
a. The final Study shall be a fully-illustrated, analytical document comprehensible
to both professionals and the general public. The report should be formatted for 8
½” x 11” paper.
b. Eight full-color, bound copies of the report must be delivered to MHT.
c. An electronic version of the report must also be delivered to MHT. At a
minimum, a high-resolution PDF and a web-quality PDF must be provided.
V. PROCUREMENT METHOD
A contract will be awarded in accordance with the Competitive Sealed Proposals method under
COMAR 21.05.03. All proposals shall be prepared in a straightforward and concise manner,
delineating the Offeror’s capabilities to satisfy the requirements of this RFP and, specifically, the
requirements for each task in Part IV, Scope of Services.
Offerors shall submit a technical proposal and a financial proposal in two separate, sealed
envelopes in the following manner:
One original and two copies of the Technical Proposal in a sealed envelope clearly labeled “RFP
for STUDY OF THE REDEVELOPMENT OF HISTORIC GOVERNMENT COMPLEXES:
CHALLENGES AND OPPORTUNITIES – TECHNICAL PROPOSAL”; and
One original and two copies of the Financial Proposal in a sealed envelope clearly labeled “RFP
for STUDY OF THE REDEVELOPMENT OF HISTORIC GOVERNMENT COMPLEXES:
CHALLENGES AND OPPORTUNITIES – FINANCIAL PROPOSAL”.
Proposals must be received by Evelyn T. Cohen, Procurement Officer, no later than 4:00 PM,
Monday, June 3, 2019.
VI. PROPOSAL SUBMITTAL
A complete and responsive proposal consists of:
A. TECHNICAL PROPOSAL
1. Letter of Transmittal – A letter of transmittal on the Offeror’s business stationery shall
accompany the proposal. The sole purpose for the letter is to provide a record of transmittal
of the proposal in addition to the receipt of all amendments, addenda, and changes issued.
The letter should be brief and shall be signed by an individual who is authorized to obligate
the Offeror to providing the services and fulfilling the requirements stated within the RFP in
the event the Offeror’s proposal is selected, as certified by the authorized person on the form
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attached here to as Exhibit A-1 (Authorized Person Certification);
2. The date that Offeror’s practice and/or firm was established and office location;
3. A project approach statement in narrative form, not to exceed three (3) pages in length,
describing the Offeror’s approach and methodology and a brief description of the project
team and roles of key personnel. One individual should be identified as the project lead;
4. A timetable or work sequence containing all steps noted under Section IV.B.1 above (Scope
of Services);
5. A proposed payment schedule;
6. Resumes for principal Consultant and any specific team members who will be assigned to
this project, not to exceed ten (10) pages total, highlighting relevant experience;
7. A list of at least three (3) comparable projects completed or implemented, which should be
presented in the form of illustrated summary “flysheets” for individual projects, not to exceed
ten (10) pages total, and an electronic copy (PDF) of one (1) comparable report or study; and
8. A list of three (3) client references (names, email addresses and telephone numbers) for
whom the Offeror has carried out the comparable projects listed in Section VI.A.7 above. The
Project Monitor will contact all client references.
B. FINANCIAL PROPOSAL
The Financial Proposal shall be completed on the form attached as Exhibit A, signed by an
official authorized to obligate the Offeror, and submitted in a sealed envelope separate from the
Technical Proposal. Financial Proposals submitted shall be irrevocable throughout the initial term
of the contract entered into as a result of this RFP. The contract will be for a fixed price not to
exceed Seventy-Five Thousand and 00/100 Dollars ($75,000). Under Unit Prices, provide hourly
rates for team members.
VII. EVALUATION CRITERIA
Proposals will be evaluated based on the following criteria in descending order of importance.
A. Compliance with professional requirements and qualifications
B. Demonstrated expertise on comparable projects
C. Proposed work program
D. Client references
E. Cost of services
The Technical Proposal will be weighed more heavily than the Financial Proposal.
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VIII. BASIS OF AWARD
MHT may, at its sole option, enter into discussions with each responsive Offeror and ask the
Offerors to submit “best and final offers” to MHT prior to making an award.
Upon completion of any discussions and upon receipt of any “best and final offers” submitted as
a result of such discussions, and upon completion of the Technical Proposal and Financial
Proposal evaluations and rankings, each Offeror will receive an overall ranking. The Procurement
Officer will recommend award of the contract to the responsive Offeror that submitted the
proposal determined to be the most advantageous to the State.
IX. GENERAL INFORMATION
A. INCURRED EXPENSES
The State of Maryland will not be responsible for any costs incurred by any Offeror in preparing
and submitting a proposal in response to this solicitation.
B. MINORITY BUSINESS ENTERPRISE NOTICE
Minority business enterprises are encouraged to respond to this RFP and to obtain certification.
Questions relevant to certification should be directed to the Maryland Department of
Transportation – Office of Minority Business Enterprise & Equal Opportunity at (410) 865-1241
or the Governor’s Office of Small, Minority and Women Business Affairs at (410) 697-9600.
Note: No Minority Business Enterprise (MBE / Woman Owned Business Enterprise (WBE) /
Veteran Owned Small Business Enterprise (VSBE) Primary Goal or Subcontracting Goal has
been established for this RFP.
C. COMPLIANCE WITH LAW / ARREARAGES
By submitting a proposal in response to this RFP, the Offeror, if selected for award, agrees that it
will comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to
its activities and obligations under the contract.
By submitting a proposal in response to this RFP, the Offeror represents and warrants that it is not
in arrears with respect to the payment of 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 if selected for award, that it shall not become in arrears during the term of the
contract. The winning bidder must be in good standing with the State Department of Assessments
and Taxation.
D. CONFLICTS OF INTEREST
The Offeror shall disclose in writing to MHT any potential conflicts of interest which presently
exist, or which may arise if the Offeror is selected for contract award.
E. FALSE STATEMENTS
Offerors are advised that Section 11-205.1 of the State Finance and Procurement Article of the
Annotated Code of Maryland provides the follows:
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a. In connection with the procurement contract, a person may not willfully:
i. Falsify, conceal, or suppress a material fact by any scheme or device;
ii. Make a false or fraudulent statement or representation of a material fact; or
iii. 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.
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.
F. INVOICES
1. The Consultant shall e-mail the original of each invoice and signed authorization to invoice to
Megan Klem, Project Monitor, at [email protected] and Betty Hobgood, MHT’s
Fiscal Officer, at [email protected].
2. All invoices for services shall be verified by the Consultant as accurate at the time of
submission.
3. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR
21.06.09.01 and.02) cannot be processed for payment. To be considered a Proper Invoice,
invoices must include the following information, without error:
a. Consultant name and address;
b. Remittance address;
c. Federal taxpayer identification (FEIN) number, social security number, as
appropriate;
d. Invoice period (i.e. time period during which services covered by invoice were
performed);
e. Invoice date;
f. Invoice number;
g. State assigned contract number;
h. State assigned (Blanket) Purchase Order number(s);
i. Goods or services provided;
j. Amount due; and
k. Any additional documentation required by regulation or the contract.
4. Invoices that contain both fixed price and time and material items shall clearly identify each
item as either fixed price or time and material billing.
5. MHT reserves the right to reduce or withhold contract payment in the event the Consultant
does not provide all required Project Deliverables within the time frame specified in the
contract, or otherwise breaches the terms and conditions of the contract until such time as the
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contractor brings itself into full compliance with the contract.
6. Any protest or dispute related to this RFP or the contract award shall be resolved in
accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§
15-215 through 15-223 and subject to the provisions of COMAR 21.10 (Administrative and
Civil Remedies).
7. The State is generally exempt from federal excise taxes, Maryland sales and use taxes,
District of Columbia sales taxes and transportation taxes. The contractor; however, is not
exempt from such sales and use taxes and may be liable for the same.
8. Invoice for final payment shall be clearly marked as “FINAL” and submitted when all work
requirements have been completed and no further charges are to be incurred under the
contract. In no event shall any invoice be submitted later than 60 calendar days from the
contract termination date.
9. The Consultant shall submit invoices in accordance with the schedule agreed upon by MHT.
a. Deliverables shall be billed in the month following the acceptance of the work by the
MHT.
b. Deliverable invoices shall be accompanied by notice(s) of acceptance issued by the
State for all invoices submitted for payment.
10. Payment for deliverables will only be made upon completion and acceptance of the Project
Deliverables as defined in the RFP.
G. MISCELLANEOUS
1. 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, waive or permit the cure of minor
irregularities, and conduct discussions with all qualified or potentially qualified Offerors in
any manner necessary to serve the best interests of the State.
2. The contract awarded pursuant to this RFP will be subject to compliance with all applicable
State of Maryland laws including regulations pertaining to non-discrimination, equal
employment opportunity, records, audit, reporting, and procurement.
3. The Offeror should give specific attention to the clear identification of those portions of its
Proposal that it considers confidential and/or 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, Md. Code Ann., General Provisions Article,
Title 4. This information should be identified by page and section number in the Technical
Proposal and if applicable, separately in the Financial Proposal.
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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 must be disclosed.
4. The Consultant shall maintain, at a minimum, the insurance coverages outlined below, or any
minimum requirements established by law if higher, for the duration of the contract,
including option periods, if exercised:
5. The following type(s) of insurance and minimum amount(s) of coverage are required:
a. Commercial General Liability - of $1,000,000 combined single limit per occurrence
for bodily injury, property damage, and personal and advertising injury and
$3,000,000 annual aggregate. The minimum limits required herein may be satisfied
through any combination of primary and umbrella/excess liability policies.
b. Errors and Omissions/Professional Liability - $1,000,000 per combined single limit
per claim and $3,000,000 annual aggregate.
c. Workers’ Compensation - The Consultant shall maintain such insurance as necessary
or as required under Workers’ Compensation Acts, and other applicable law, to not
be less than one million dollars ($1,000,000) per occurrence (unless the State’s law
requires a greater amount of coverage). Coverage must be valid in all states where
work is performed.
d. The State shall be listed as an additional insured on the faces of the certificates
associated with the coverages listed above, including umbrella policies, excluding
Workers’ Compensation Insurance and professional liability.
e. All insurance policies shall be endorsed to include a clause requiring the insurance
carrier provide the Procurement Officer, by certified mail, not less than 30 days’
advance notice of any non-renewal, cancellation, or expiration. The Contractor shall
notify the Procurement Officer in writing, if policies are cancelled or not renewed
within five (5) days of learning of such cancellation or nonrenewal. The contractor
shall provide evidence of replacement insurance coverage to the Procurement Officer
at least 15 days prior to the expiration of the insurance policy then in effect.
f. Any insurance furnished as a condition of the contract shall be issued by a company
authorized to do business in the State.
g. The successful Offeror must provide current certificate(s) of insurance with the
prescribed coverages, limits and requirements set forth in this section within five (5)
business days from notice of the award. During the period of performance for multi-
year contracts, the contractor shall provide certificates of insurance annually, or as
otherwise directed by the Project Monitor.
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h. The Consultant shall require any subcontractors to obtain and maintain comparable
levels of coverage and shall provide the Project Monitor with the same
documentation as is required of the contractor.
6. By submitting a proposal in response to this RFP, the Offeror, if selected for award, shall be
deemed to have accepted the terms and conditions of this RFP and the contract, attached
hereto as Attachment 1 (Form Contract). Any exceptions to this RFP or the contract shall be
clearly identified in the Technical Proposal. All exceptions will be taken into consideration
when evaluating the Offeror’s proposal. MHT reserves the right to accept or reject any
exceptions.
7. A proposal submitted by the Offeror must be accompanied by a completed Proposal Affidavit
attached hereto as Attachment 2 (Proposal Affidavit).
8. The successful Offeror will be required to complete a Contract Affidavit in the form included
in Attachment 1 (Form Contract). The Contract Affidavit must be provided within five (5)
business days of notification of award.
Schedule of Exhibits / Attachments:
Exhibit A – FINANCIAL PROPOSAL FORM
Exhibit A-1 – AUTHORIZED PERSON CERTIFICATION / WARRANT OF LEGAL CAPACITY
Attachment 1 – FORM CONTRACT
Attachment 2 – PROPOSAL AFFIDAVIT
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EXHIBIT A
FINANCIAL PROPOSAL FORM
ENVELOPES SHOULD BE CLEARLY MARKED:
“RFP for STUDY OF THE REDEVELOPMENT OF HISTORIC GOVERNMENT COMPLEXES:
CHALLENGES AND OPPORTUNITIES – FINANCIAL PROPOSAL”
Offerors will itemize the cost in Column B for each service listed in Column A. The financial proposal
will be evaluated on the total price for all services. The price shall include all travel and incidental costs
for the project.
Column A Column B
1. Lump Sum Proposal $
2. $
3. $
4. $
5. $
6. $
7. $
8. $
9. $
10. $
GRAND TOTAL (SUM OF COLUMN B ABOVE)
$____________________________________
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EXHIBIT A-1
Authorized Person Certification / Warrant of Legal Capacity
The undersigned warrants and represents to MDP that the undersigned has legal authority to respond to
this RFP on behalf of the Offeror.
________________________________________________________
(Signature) (Date)
________________________________________________________
(Name and Title – Typed or Printed)
________________________________________________________
(Company / Offeror)
________________________________________________________
________________________________________________________
(Address)
________________________________________________________
(Phone Number)
________________________________________________________
(Fax Number)
________________________________________________________
(Federal Tax Identification Number)
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ATTACHMENT 1 (FORM CONTRACT)
MARYLAND DEPARTMENT OF PLANNING
SERVICES PROCUREMENT CONTRACT
[FOR CONTRACTS VALUED OVER $25,000]
This agreement (the “Contract”) is made by and between [the Maryland Historical Trust, an
instrumentality of the State of Maryland (“MHT”) within] the Maryland Department of Planning
(“MDP”), a principal Department of the State of Maryland (the "State"), and
__________________________ ("Contractor"), a corporation organized and existing under the
laws of ____________, registered to do business in Maryland, with a mailing address of
_____________________________________________. This Contract is effective as of the date of
execution by [MDP] [MHT] (the “Effective Date”).
WHEREAS, [MDP][MHT] published (i) a Request for Proposals No. ___________ on
___________; and (ii) the Project Specifications entitled ___________________________,
soliciting offers for the services described therein to benefit [MHT][MDP] (together, the
“Solicitation”); and
WHEREAS, Contractor submitted the winning proposal consisting of a financial proposal
dated __________, and a technical proposal dated ______ in response to the Solicitation (together,
the “Proposal”); and
WHEREAS, [MDP][MHT] wishes to enter into this Contract with Contractor pursuant to
which [MDP][MHT] will purchase and Contractor will furnish the services or products described
below;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
[MDP][MHT] and Contractor hereby agree as follows:
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1. Type of Contract.
This Contract shall be a firm fixed-price contract as defined in the Code of Maryland
Regulations (COMAR) Section 21.06.03.02.
2. Scope of Work.
2.1 In accordance with the terms and conditions of the Contract, Contractor
agrees to provide [MDP][MHT] with the deliverables, programs, goods, and services (the
“Services”), as described in the Solicitation and the Proposal, and any amendments thereto, the terms
of which are all hereby incorporated by reference and made a part of this Contract and attached
hereto as Exhibit A.
2.2 The Contractor shall perform the Services with that standard of care, skill,
and diligence normally provided by a Contractor in the performance of services similar to the
services hereunder.
2.3 The Contractor shall perform in accordance with this Contract and Exhibits
A-D, which are listed below and incorporated herein by reference. If there is any conflict between
this Contract and the exhibits, the terms of the Contract shall control. If there is any conflict among
the exhibits, the following order of precedence shall determine the prevailing provision:
Exhibit A – The Solicitation (RFP)
Exhibit B – The Technical Proposal
Exhibit C – The Financial Proposal
Exhibit D – The Contract Affidavit
3. Term.
3.1 The term of this Contract shall be for a period of ______ years beginning
_________________ or upon the Effective Date of this Contract and ending on ____________ ,
unless extended or earlier terminated pursuant to the terms of the Contract.
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3.2 Renewal. This Contract may be renewed for ___ ___-year options, which
may be exercised at the sole discretion of [MDP][MHT] at the prices established in the Contract.
4. Compensation.
4.1 [MHT][MDP] agrees to pay Contractor a sum not to exceed
$_______________ (___________________) which shall be payable in accordance with the
schedule set forth in Section 4.2.
4.2 Compensation Payment Schedule. [MHT][MDP] shall pay Contractor
the compensation earned as follows:
4.3 Method of Payment; Payment of State Obligations.
4.3.1 Unless a payment is unauthorized, deferred, delayed, or set-off under
COMAR 21.02.07, 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.
4.3.2 The Contractor may be eligible to receive late payment interest at the
rate of 9% per annum if:
4.3.2.1 The Contractor submits an invoice for the late payment
interest within thirty days after the date of the State’s payment of the amount on which the interest
accrued; and
4.3.2.2 A contract claim has not been filed under State Finance and
Procurement Article, Title 15, Subtitle 2, Annotated Code of Maryland.
4.3.3 The State is not liable for interest:
4.3.3.1 Accruing more than one year after the 31st day after the
agency receives the proper invoice; or
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4.3.3.2 On any amount representing unpaid interest. Charges for late
payment of invoices are authorized only as prescribed by Title 15, Subtitle 1, of the State Finance
and Procurement Article, Annotated Code of Maryland.
4.3.4 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.
4.3.5 Electronic funds transfer shall be used by the State to pay Contractor
pursuant to this Contract and any other State payments due Contractor unless the State Comptroller’s
Office grants Contractor an exemption.
4.4 Contractor's Invoices. A satisfactory invoice shall include separate labor
and parts and material costs, and any other documentation requested by [MDP][MHT]. The
Contractor shall submit invoices promptly, in no event later than ___ (__) days after the date Services
have been performed. All invoices shall be submitted to the Fiscal Officer: [Betty Hobgood,
Maryland Historical Trust, 100 Community Place, Crownsville, MD 21032-2023] [Nital Goswami,
Maryland Department of Planning, 301 West Preston Street, Suite 1101, Baltimore, MD 21201].
4.4.1 Contractor agrees to include on the face of all invoices billed to
[MDP][MHT], its Federal Taxpayer Identification Number, which is the Social Security Number for
individuals and sole proprietors, and the Federal Employer Identification Number for all other types
of organizations.
4.4.2. The Contractor’s Federal Tax Identification Number is
______________________, and its eMaryland Marketplace Vendor Identification Number is
_____________________.
5. Remedies; Termination.
5.1 Multi-Year Contract; Termination for Nonappropriation. If funds are
not appropriated or otherwise made available by the State to support continuation of the Contract in
any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of
the beginning of the fiscal year for which funds are not available. The Contractor may not recover
anticipatory profits or costs incurred after termination.
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5.2 Termination for Default. If the Contractor does not fulfill obligations under
this Contract or violates any provision of this Contract, [MDP][MHT] may, at its option, either
withhold payment of Contractor’s compensation, demand repayment of compensation already paid
to Contractor, or terminate the Contract by giving the Contractor written notice of termination.
Termination under this Section does not relieve the Contractor from liability for any damages caused
to [MDP][MHT]. Failure on the part of a Contractor to fulfill contractual obligations shall be
considered just cause for termination of the Contract, and the Contractor is not entitled to recover
any costs incurred by the Contractor 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 21.07.01.11B.
5.3 Termination for Convenience. Upon written notice to the Contractor
specifying the extent and the effective date of the termination, [MDP][MHT] may terminate this
Contract, in whole or in part, whenever [MDP][MHT] shall determine that such termination is in the
best interest of the State. [MDP][MHT] shall pay all reasonable costs incurred up to the date of
termination and all reasonable costs associated with termination of the Contract. However, the
Contractor may not be reimbursed for anticipatory profits which have not been earned up to the
effective 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).
6. Tax Exemption.
[MDP][MHT] is generally exempt from federal excise taxes, Maryland sales and use
taxes, District of Columbia sales taxes, and transportation taxes. Exemption certificates shall be
completed upon request. Where a Contractor is required to furnish and install material in the
construction or improvement of real property in performance of a contract, the Contractor shall pay
the Maryland Sales Tax and the exemption does not apply.
7. Specifications.
All materials, equipment, supplies or services shall conform to federal and State laws
and regulations and to the specifications contained in the Solicitation.
8. Delays and Extensions of Time.
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8.1 The Contractor agrees to prosecute the work continuously and diligently and
no charges or claims for damages shall be made by it for any delays or hindrances from any cause
whatsoever during the progress of any portion of the work specified in this Contract.
8.2 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.
8.3 [MDP][MHT] unilaterally may order the Contractor in writing to suspend,
delay, or interrupt all or any part of its performance under the Contract for such period of time as
[MDP][MHT] may determine to be appropriate.
9. Delivery and Acceptance.
Delivery shall be made in accordance with the Solicitation. [MDP][MHT] reserves
the right to test, sample or inspect any materials, equipment, supplies, or services delivered to
determine if the specifications have been met. The materials listed in the Solicitation or Proposal
shall be delivered FOB to the point or points specified prior to or on the date specified in the
Solicitation. Any material that is defective or fails to meet the terms of the Solicitation specifications
shall be rejected. Rejected materials shall be promptly replaced. [MDP][MHT] reserves the right to
purchase replacement materials in the open market. Contractors failing to promptly replace materials
lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable
expenses, if any.
10. Non-Hiring of Officials and Employees.
No official or employee of the State, 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.
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11. Commercial Nondiscrimination Clause.
11.1 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 State Finance and Procurement Article, Title 19, Annotated Code of Maryland. As part of this
compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or national
origin, sex, age, marital status, sexual orientation, or 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 Section 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.
11.2 The Contractor shall include the provision in Section 11.1 above in all
subcontracts to the Contract.
11.3 As a condition of entering into this Contract, upon the request of the Maryland
Commission on Civil Rights, and only after the filing of a complaint against Contractor under State
Finance and Procurement Article, Title 19, 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 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 State Finance and Procurement Article, Title 19, 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 Section 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.
12. Financial Disclosure.
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The Contractor shall comply with State Finance and Procurement Article, §13-221,
Annotated Code of Maryland, which requires that every business that enters into contracts, leases or
other agreements with the State and receives in the aggregate $100,000 or more during a calendar
year shall, within thirty (30) days of the time when the $100,000 is reached, file with the Secretary
of State certain specified information to include disclosure of beneficial ownership of the business.
13. Political Contribution Disclosure.
The Contractor shall 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, or a political subdivision of the State, including its agencies,
during a calendar year in which the person receives in the aggregate $200,000 or more, shall file
with the State Administration Board of Elections Laws 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 or before: (i) May 31, to cover the six (6) month
period ending April 30; and (ii) November 30, to cover the six (6) month period ending October
31. Additional information is available on the State Board of Elections website:
http://www.elections.state.md.us/campaign_finance/index.html.
14. Anti-Bribery.
The Contractor warrants that neither it nor any of its officers, directors, or partners
nor any of its employees who are directly involved in obtaining or performing contracts with any
public body has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws
of any state or of the federal government or has engaged in conduct since July 1, 1977, which would
constitute bribery, attempted bribery, or conspiracy to bribe under the laws of any state or the federal
government.
15. Registration.
Pursuant to §7-201 et seq. of the Corporations and Associations Article of the
Annotated Code of Maryland, corporations not incorporated in the State shall be registered with the
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State Department of Assessments and Taxation, at 301 West Preston Street, Baltimore, Maryland
21201, before doing any interstate or foreign business in this State. Before doing any intrastate
business in this State, a foreign corporation shall qualify with the Department of Assessments and
Taxation.
16. 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 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 agent, any fee or any other
consideration contingent on the making of this Contract.
17. Environmental Protection Agency Compliance; Indemnity.
17.1 Materials, supplies, equipment, or Services supplied as a result of this
Contract shall comply in all respects with the Federal Noise Control Act of 1972, where applicable.
17.2 Contractor shall perform all Services in compliance with all applicable
Federal, State, local or municipal environmental and hazardous materials laws. Contractor will not
place or permit any hazardous materials on or about the project site, as described in the Solicitation,
at any time. The Contractor shall indemnify and save MHT, MDP and the State harmless for all
claims, causes of action, damages, costs and expenses of any nature whatsoever arising out of or
resulting from the existence or alleged existence of hazardous materials attributable to the operations
of the Contractor. The Contractor further covenants and agrees that, if at any time it is determined
that there are hazardous materials, the existence of which is attributable to the operations of the
Contractor which require collection, storage, treatment or disposal to be conducted or maintained in
a specific or particular manner, the Contractor agrees to take or cause to be taken, at its sole expense,
such actions as may be necessary to comply with Federal, State, local or municipal requirements for
the collection, storage, treatment or disposal of all hazardous materials.
18. Occupational Safety and Health Act (OSHA).
All materials, supplies, equipment, or services supplied as a result of this Contract
shall comply with the applicable U.S. and State Occupational Safety and Health Act standards.
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19. 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 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, and as directed by the Procurement Officer identified in Section 30 below. 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 thirty (30) days after the basis for the claim is
known or should have been known, whichever is earlier. Contemporaneously with or within thirty
(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.
20. Maryland Law Prevails.
The provisions of this Contract shall be construed, interpreted and enforced according
to the laws of Maryland.
21. Pre-existing Regulations.
In accordance with the provisions of §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 Title 21) in effect on the date of execution of this Contract are applicable to
this Contract.
22. Conflicting Terms.
Any proposal for terms in addition to or different from those set forth in this Contract
or any attempt by the Contractor to vary any of the terms of this Contract by Contractor's acceptance
shall not operate as a rejection of this Contract or of any provision of this Contract, unless such
variance is in the terms of the description, quantity, price or delivery schedule, but shall be deemed
25
a material alteration thereof, and this Contract shall be deemed acceptable by the Contractor without
the additional or different terms. If this Contract is an acceptance of a prior offer by the Contractor,
the acceptance is expressly conditioned upon Contractor's assent to any additional or different terms
contained in the Contract. The Contractor understands and agrees that the terms and conditions of
this Contract may not be waived by the Contractor.
23. Contract Modifications; Scope of Contract.
23.1 This Contract, together with the exhibits attached hereto and incorporated
herein by reference, represents the complete, entire, total and final Contract between [MDP][MHT]
and the Contractor. No other understanding or representation, oral or written, regarding the subject
matter of this Contract, shall be deemed to exist or to bind [MDP][MHT] and the Contractor hereto,
and any such understanding or representation existing prior to the execution of this Contract is hereby
specifically and entirely superseded by this Contract. [MDP][MHT] and the Contractor expressly
reserve the right to amend, alter, vary, modify or waive any provision of this Contract provided that
all amendments or modifications to this Contract must first be approved in writing by the
Procurement Officer, subject to any additional approvals required by State law.
23.2 Any amendment or modification to the Contract must be in writing which has
been duly signed by the parties to the Contract.
23.3 Amendments or modifications may not significantly change the scope of the
Contract (including the Contract price).
23.4 [MDP][MHT] has the unilateral right to order, in writing, changes in the work
within the scope of the 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 the Disputes clause. Nothing in this Section shall excuse
the Contractor from proceeding with the Contract as changed.
24. Drug and Alcohol Free Workplace.
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The Contractor warrants that the Contractor shall comply with COMAR 21.11.08,
and that the Contractor shall remain in compliance throughout the term of this Contract.
25. Compliance with Laws.
The Contractor hereby represents and warrants that:
25.1 It is qualified to do business in the State of Maryland, as either a domestic
or foreign corporation., and that it will take such action as, from time to time hereafter, may be
necessary to remain so qualified;
25.2 It is not in arrears with respect to the payment of any monies due and owing
the State, 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;
25.3 It shall comply with all federal, State and local laws, regulations, and
ordinances applicable to its activities and obligations under this Contract;
25.4 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;
and
25.5 Contractor’s affirmation and certifications contained in the Contract
Affidavit attached hereto as Exhibit D, and incorporated herein by reference shall remain accurate
and true throughout the term of Contract, as may be extended.
26. Bankruptcy.
Upon the filing for any bankruptcy proceeding by or against the Contractor, whether
voluntary or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit
of creditors, the Contractor must notify the [MDP][MHT] immediately. In the event of a filing for
Contractor’s voluntary or involuntary bankruptcy, [MDP][MHT] reserves the right at its sole
discretion either to cancel the Contract or to affirm the Contract and hold the Contractor responsible
27
for damages. The exercise of this right is in addition to any other rights [MDP][MHT] may have as
provided in this Contract or by law.
27. Subcontracting or Assignment.
The benefits and obligations under the Contract shall inure to and be binding upon
the parties hereto and neither this Contract nor the Services to be performed hereunder shall be
subcontracted, or assigned or otherwise disposed of, either in whole or in part, except with the prior
written consent of [MDP][MHT]. [MDP][MHT] has the right to withhold such consent for any
reason [MDP][MHT] or the State deems appropriate.
28. Indemnification; Responsibility for Claims and Liability.
28.1 The Contractor shall indemnify and save harmless the State, [MDP][MHT],
and all their respective officers, agents, and employees from and against all claims, suits, judgments,
expenses, actions, damages and costs of every name and description, including reasonable attorney's
fees, whether or not involving a third-party claim, arising out of or relating to the performance of the
Contractor or its subcontractors under this Contract. 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.
28.2 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.
28.3 [MDP][MHT] and the State have 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. The State’s liability arising from or
relating to the Contract is subject to the limitations set forth in the Maryland Tort Claims Act, §§ 12-
101, et seq., State Government Article, Annotated Code of Maryland. Nothing contained herein shall
be deemed a waiver of any sovereign immunity to which the State may be entitled.
28.4 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
28
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.
28.5 None of MHT, MDP or the State shall assume any obligation to indemnify,
hold harmless, or pay attorneys' fees or any of Contractor’s court costs that may arise from or in any
way be associated with the performance or operation of this Contract.
28.6 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 as follows:
28.6.1 For infringement of patents, trademarks, trade secrets and copyrights
as provided in Section 38 of this Contract [Ownership of Documents and Materials];
28.6.2 Without limitation for damages for bodily injury (including death)
and damage to real property and tangible personal property;
28.6.3 For all other claims, damages, loss, costs, expenses, suits or actions
in any way related to this Contract and regardless of the basis on which the claim is made,
Contractor’s liability shall be unlimited; and
28.6.4 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 that all
subcontractors shall be held to be agents of Contractor.
28.7. Contractor’s indemnification obligations for third-party claims arising under
Section 38 of this Contract are included in this limitation of liability only if the State is immune from
liability. Contractor’s indemnification liability for third-party claims arising under Section 38 shall
be unlimited if the State is not immune from liability for claims arising under Section 38.
29. Retention of Records; Right to Audit.
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29.1 The Contractor shall retain and maintain all records and documents relating to
this Contract for three (3) years after final payment by the State hereunder 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 the Procurement Officer or designee, at all
reasonable times. The Contractor shall provide copies of all documents requested 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. All records related in
any way to the Contract are to be retained for the entire time provided under this Section.
29.2 The State reserves the right, at its sole discretion and at any time, to perform
an audit of the Contractor’s performance under this Contract. Upon three (3) business days’ notice,
the State shall be provided reasonable access to Contractor’s records to perform such audit. The
Contractor agrees to fully cooperate and assist 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. The right
to audit shall include any of the Contractor’s subcontractors including but not limited to any lower
tier subcontractor(s). The Contractor shall ensure the State has the right to audit such
subcontractor(s).
30. Notices; Procurement Officer: All notices to and communication with
[MDP][MHT] regarding this Contract shall be directed to the Procurement Officer listed below:
[If to MDP: Chianti Holley
Procurement Officer
Maryland Department of Planning
301 West Preston Street, Suite 1101
Baltimore, Maryland 21201
Telephone No.: (410) 767-4521
Facsimile No.: (410) 767-4480]
[If to MHT: Evelyn T. Cohen, Procurement Officer
Maryland Historical Trust
30
100 Community Place
Crownsville, Maryland 21032
Telephone No.: (410) 697-9540
Facsimile No.: (410) 697-9616]
If to the Contractor:
_____________________
_____________________
____________________
31. Waiver.
No waiver of a right or remedy of a party shall constitute a waiver of another right or
remedy of that party. Any waiver of the provisions of the Contract or of a party's rights or remedies
under the Contract must be in writing to be effective. Any such waiver shall constitute a waiver only
with respect to the specific matter described in such writing and shall in no way impair the rights of
the party granting such waiver in any other respect or at any other time. The waiver by either of the
parties hereto of a breach or of a default under any of the provisions of the Contract shall not be
construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such
provisions, rights or privileges hereunder. The rights and remedies herein provided are cumulative
and none is exclusive of any other, or of any rights or remedies that any party may otherwise have
at law or in equity. Failure, neglect, or delay by a party to enforce the provisions of the Contract or
its rights or remedies at any time, shall not be construed and shall not be deemed to be a waiver of
such party's rights under the Contract and shall not in any way affect the validity of the whole or any
part of the Contract or prejudice such party's right to take subsequent action.
32. Severability.
If a court of competent jurisdiction renders any provision or portion of a provision of
this Contract invalid or otherwise unenforceable, that provision or portion of a provision will be
severed, and the remainder of this Contract will continue in full force and effect as if the invalid
provision or portion of a provision were not part of this Contract.
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33. Headings and Section References; Construction.
The section headings in this Contract are inserted only for convenience and are not
to be construed as part of this Contract or as a limitation of the scope of the particular section to
which the heading refers.
34. Integration; Parol Evidence.
This Contract, including all exhibits and other documents incorporated by reference,
constitutes the entire agreement of the parties, and all other communications prior to its execution,
whether written or oral, with reference to the subject matter of this Contract are superseded by this
Contract. All pre-printed terms of any Contractor purchase order or other business processing
document shall have no effect.
35. Counterparts.
The Contract may be executed in one or more counterparts, each of which shall
constitute an enforceable original of the Contract; facsimiles and/or PDF scanned copies of
signatures shall be as effective and binding as original signatures.
36. No Third-Party Beneficiaries.
This Contract is for the benefit of the parties and their successors and permitted
assigns, and does not confer any rights or benefits on any third party, including any employee of a
party, any client of a party, or any employee of a client of a party.
37. Relationship.
This Contract is not intended to create a partnership, franchise, joint venture, agency,
or a fiduciary or employment relationship among the parties hereto. Neither party may bind the other
party or act in a manner which expresses or implies a relationship other than that of independent
contractor.
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38. Ownership of Documents and Materials.
38.1. The Contractor agrees that all documents and materials including, but not
limited to, reports, drawings, studies, specifications, estimates, maps, photographs, designs,
graphics, mechanicals, artwork, and computations prepared by or for the Contractor under the terms
of this Contract shall at any time during the performance of the Services be made available to
[MDP][MHT] upon request and shall become and remain the exclusive property of [MDP][MHT]
upon termination or completion of the Services. [MDP][MHT] shall have the right to use the same
without restriction or limitation and without compensation to the Contractor other than that provided
in this Contract. [MDP][MHT] shall be the owner for the purposes of copyright, patent or trademark
registration.
38.2 The Contractor agrees that at all times during the term of this Contract and
thereafter, works created 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 made for hire for the State, 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.
38.3 The Contractor shall not affix any restrictive markings upon any data,
documentation, or other materials provided to the State hereunder and if such markings are affixed,
the State shall have the right at any time to modify, remove, obliterate, or ignore such warnings.
38.4 The State shall have the exclusive right to use, duplicate, and disclose any
data, information, documents, records, or results, in whole or in part, in any manner for any purpose
whatsoever, that may be created or generated by the Contractor in connection with this Contract. If
any material, including software, is capable of being copyrighted, the State shall be the copyright
owner and Contractor may copyright material connected with this project only with the express
written approval of the State.
38.5 If the Contractor obtains or uses for purposes of this Contract, or subcontracts
for, any design, device, material, or process covered by letters of patent for copyright, it shall provide
an assignment to [MDP][MHT] of ownership for purposes of copyright, patent or trademark of all
rights to possess and to use such design, device, material or process, and a copy of a legally sufficient
agreement with the patentee or owner, a copy of which shall be filed with the patentee or owner.
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38.6 Except as may otherwise be set forth in this Contract, 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 State or developed by Contractor relating to the Contract,
except as provided for in Section 39 [Confidential or Proprietary Information and Documentation].
38.7 The Contractor shall indemnify and save harmless the State, [MDP][MHT],
and their officers, agents, and employees from any and all third-party claims, losses damages,
liabilities, judgements and expenses, including without limitation reasonable attorneys’ fees for
infringement by reason of the use of any such patented design, device, materials, or process, or any
trademark or copyright, and shall indemnify, protect and save harmless the State, [MDP][MHT], and
their officers, agents, and employees with respect to any third-party claim, action, costs or
infringement, or for royalties or user fees arising out of purchase or use of materials, construction,
supplies, equipment or services covered by this Contract.
39. Confidential or Proprietary Information and Documentation.
39.1 Subject to the Maryland Public Information Act, and any other applicable
laws and regulations promulgated pursuant thereto, 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 or cloud infrastructure, if applicable) shall be held in
confidence by the other party. Each party shall, however, be permitted to disclose, as provided by
and consistent with applicable law, relevant confidential information to its officers and agents, to the
extent that such disclosure is necessary for the performance of their duties under this Contract. Each
officer and agent to whom any of the State’s confidential information is to be disclosed shall be
advised by Contractor of the obligations hereunder, and bound by, confidentiality at least as
restrictive as those of set forth in this Contract.
39.2 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 rightfully 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.
40. Cost and Price Certification.
40.1 By submitting cost or price information, the Contractor certifies that, to the
best of its knowledge, the information submitted is accurate, complete, and current as of the date of
the [MDP][MHT] award of the Contract to Contractor.
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40.2 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 of
[MDP’s][MHT’s] award of the Contract to Contractor, was inaccurate, incomplete, or not current.
41. 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 State may withhold payment of any invoice or retainage. The State
may require certification from the Commissioner on a quarterly basis that such records were properly
submitted.
42. Prompt Payment of Subcontractors.
42.1 The Contractor shall ensure that all subcontractors, including MBE
subcontractors, are promptly paid any undisputed amount to which the subcontractor is entitled. An
undisputed amount is an amount owed by a contractor to a subcontractor for which there is no good
faith dispute, including any retainage withheld, if any, and includes an amount withheld because of
issues arising out of an agreement or occurrence unrelated to the agreement under which the amount
is withheld.
42.2 If the Contractor withholds payment of an undisputed amount to its
subcontractors, [MDP][MHT], may, at its sole option and discretion: a) refuse to 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; d) place a payment for an undisputed amount in an interest-bearing escrow account; or
e) take other or further actions as appropriate to resolve the withheld payment dispute.
42.3 Upon completion of the Contract, but before final payment, 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.
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42.4 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 MBE
program.
42.5 To ensure compliance with certified MBE subcontract participation goals,
and to monitor compliance with the terms of the Contract, [MDP][MHT] shall take action to remedy
noncompliance consistent with COMAR 21.11.03.13.
42.6 An act, failure to act, or decision of a Procurement Officer or a representative
of [MDP][MHT] concerning a withheld payment between the Contractor and subcontractor under
Section 42.2 herein, may not: (a) affect the rights of the contracting parties under any other provision
of law, (b) be used as evidence on the merits of a dispute between [MDP][MHT] and the Contractor
in any other proceeding, or (c) result in liability against or prejudice the rights of [MDP][MHT].
43. Survival of Contract Provisions.
Any provision of this Contract which contemplates performance or observance
subsequent to any termination or expiration of this Contract shall survive termination or expiration
of this Contract and continue in full force and effect, including the Contractor’s obligation to: pay
invoices to subcontractors providing products/services in connection with this Contract; cooperate
and assist with audits; confidentiality; document retention; patents, copyrights and intellectual
property; warranty; indemnification obligations; limitations of liability under this Contract; and any
other obligations specifically identified.
44. MBE Participation Goal; Liquidated Damages.
44.1 With the exception of a Contract that has been designated as a procurement
to be made without any certified MBE participation goals, any Solicitation documents completed
and submitted by the Contractor in connection with a certified MBE participation commitment are
hereby incorporated and made part of the Contract.
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44.2 If [MDP][MHT] determines that the Contractor has not complied with any
certified MBE subcontract participation contract goal contained in the Solicitation, or has failed to
submit the MBE documentation required by the Solicitation and has not obtained a waiver in
accordance with COMAR 21.11.03.11, or if the Contractor fails to comply in good faith with the
outreach efforts required under COMAR 21.11.03.09.C(2)(a)—(e), [MDP][MHT], upon review by
the Office of the Attorney General, may terminate the Contract. The reasons for such termination
shall be specified in writing and mailed or delivered to the Contractor.
44.3 If the Contract is subject to a certified MBE participation goals, the
Contractor is required to make good faith efforts to comply with the Solicitation’s MBE participation
goal. [MDP][MHT] 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 does not make good faith efforts to comply
with the requirements of the MBE participation goal. The parties further acknowledge and agree that
the damages the State might reasonably be anticipated to accrue as a result of such lack of compliance
are difficult to ascertain with precision. Therefore, upon a determination by the [MDP][MHT] that
the Contractor failed to make good faith efforts to comply with one or more of the MBE participation
goals specified in the Solicitation, the Contractor agrees to pay liquidated 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.
44.4 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 as follows:
44.4.1 Failure to submit each monthly payment report in full compliance
with COMAR 21.11.03.13 (B) (3): $27.00 per day until the monthly report is submitted as required;
44.4.2 Failure to include in its agreements with MBE subcontractors a
provision requiring submission of payment reports in full compliance with COMAR 21.11.03.13 (B)
(4): $87.00 per MBE subcontractor;
44.4.3 Failure to comply with COMAR 21.11.03.12 in terminating,
canceling, or changing the scope of work/value of a contract with a 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;
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44.4.4 Failure to meet the Contractor’s total MBE participation goal and
subgoal commitments: the difference between the dollar value of the total MBE participation
commitment on the MBE participation schedule and the MBE participation actually achieved; and
44.4.5 Failure to promptly pay all undisputed amounts to a subcontractor in
full compliance with the prompt payment provisions of this Contract: $100.00 per day until the
undisputed amount due to the subcontractor is paid.]
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Witness the signatures of the parties hereto as of the Effective Date:
[Maryland Historical Trust] Contractor:__________________________
[Maryland Department of Planning]
By: ________________________________ By: ________________________________
Name:_______________________ Name: _______________________
Title:________________________ Title: ________________________
Effective Date: ________________________ Date: _________________________
Approved as to legal
form and sufficiency:
____________________________________
Assistant Attorney General
Exhibit A – The Solicitation (RFP)
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Exhibit B – The Technical Proposal
Exhibit C – The Financial Proposal
Exhibit D – The Contract Affidavit
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Exhibit A
SOLICITATION AND PROPOSAL (RFP)
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Exhibit B
TECHNICAL PROPOSAL
42
Exhibit C
THE FINANCIAL PROPOSAL
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Exhibit D
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 items):
(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:
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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 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 procurement
contract with the State, a county, 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) May 31, to cover the six (6) month period ending April 30; and (ii) November 30, to
cover the six (6) month period ending October 31.
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.)
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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;
(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), of this regulation;
(h) Notify its employees in the statement required by §E(2)(b), of this regulation,
that as a condition of continued employment on the contract, the employee shall:
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(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), of this regulation, or otherwise receiving actual notice of a conviction;
(j) Within 30 days after receiving notice under §E(2)(h)(ii), of this regulation, 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), of this regulation.
(3) If the business is an individual, the individual shall certify and agree as set forth in
§E(4), of this regulation, 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:
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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 D 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 I AM CONTRACTOR’S AUTHORIZED REPRESENTATIVE AND
AFFIANT, AND THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
CONTRACTOR:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date of signature:_______________________
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ATTACHMENT 2 (PROPOSAL AFFIDAVIT)
See link at https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentC-
Bid_Proposal-Affidavit.pdf
