OFFICE OF PROCUREMENT AND CONTRACTING INVITATION FOR BID #13-08

OFFICE OF PROCUREMENT AND CONTRACTING

INVITATION FOR BID #13-08

“ONLINE COURSE DEVELOPMENT”

Issue Date: October 26, 2012 DATE: NOVEMBER 5, 2012 TIME: 10:00 A.M. PRE-PROPOSAL MEETING: Prince George’s Community College 301 Largo Road KENT HALL, RM. 262 Largo, Maryland 20774 DATE: NOVEMBER 21, 2012 TIME: 10:00 A.M. PROPOSAL SUBMITTAL DATE: Prince George’s Community College Office of Procurement and Contracting

301 Largo Road Kent Hall. Rm. 264 Largo, Maryland 20774 PROCUREMENT / ISSUING Prince George’s Community College OFFICE Office of Procurement and Contracting

301 Largo Road Kent Hall Rm. 264 Largo, Maryland 20774 PROJECT MANAGER: Catherine LaPalombara

Senior Academic Administrator to the Vice President of Academic Affairs, 301-322-0414

PROCUREMENT BUYER: Lynnette Ellington 301-322-0008 Procurement Coordinator DEADLINE FOR QUESTIONS: NOVEMBER 9, 2012 @ 1:00 p.m. RESPONSE DATE FOR QUESTIONS: NO LATER THAN NOVEMBER 13, 2012,

BY CLOSE OF BUSINESS

NOTE: ALL ADDENDA CAN BE ACCESSED AT http://www.pgcc.edu/businesses/Procurement/requestForBids.aspx www.emarylandmarketplace.com

For inquiries contact: [email protected] or 301-808-0381 (fax) * * * * PROPOSALS MUST BE MAILED OR HAND DELIVERED TO THE ADDRESS SHOWN ABOVE, NO LATER THAN THE ANNOUNCED DATE AND TIME OF CLOSING. PROPOSALS SENT BY FACSIMILE WILL NOT BE ACCEPTED.

http://www.pgcc.edu/businesses/Procurement/requestForBids.aspx

http://www.emarylandmarketplace.com/

mailto:[email protected]

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PRINCE GEORGE'S COMMUNITY COLLEGE

301 LARGO ROAD LARGO, MARYLAND 20774

October 26, 2012

RFP #13-08 ONLINE COURSE DEVELOPMENT

Pre-Proposal Meeting: November 5, 2012, 10am, Kent Hall 262

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TABLE OF CONTENTS

GENERAL BID INFORMATION ...................................................................................................................... 4 SECTION 1.0 OVERVIEW ............................................................................................................................. 4

1.1 INTRODUCTION ........................................................................................................................................ 4 1.2 MBE PARTICIPATION ............................................................................................................................. 4 1.3 LIQUIDATED DAMAGES............................................................................................................................ 5 1.4 SUBMITTAL DEADLINE ............................................................................................................................. 5 1.5 PRE-PROPOSAL CONFERENCE.................................................................................................................. 5 1.6 COLLEGE CONTACTS ............................................................................................................................... 5 1.7 CONTRACT AWARD .................................................................................................................................. 6 1.8 LICENSE AGREEMENTS ............................................................................................................................ 6 1.9 USE OF CONTRACT BY OTHER GOVERNMENT/EDUCATION AGENCIES ................................................ 7 1.10 TAXES ....................................................................................................................................................... 7 1.11 FUNDING LIMITATIONS ............................................................................................................................ 7 1.12 INSTRUCTIONS AND REGULATIONS FOR BIDDING ................................................................................... 7 1.13 ADDITIONAL CONTRACT ITEMS ............................................................................................................... 7

1.13.1 Duty Location of Contractor Personnel ........................................................................................ 7 1.13.2 Performance of Contractor Personnel .......................................................................................... 8 1.13.3 Removal of Contractor Personnel by the College ......................................................................... 8 1.13.4 Removal/Reassignment by Contractor .......................................................................................... 8 1.13.5 Key Personnel Vacancies ............................................................................................................... 8 1.13.6 Project Planning and Organization .............................................................................................. 8 1.13.7 Implementation Schedule .............................................................................................................. 9 1.13.8 Implementation Delays .................................................................................................................. 9 1.13.9 Unavailability of College Personnel ............................................................................................ 10 1.13.10 Status of Meetings and Reports ................................................................................................... 10 1.13.11 Warranties ..................................................................................................................................... 10 1.13.12 College Ownership ....................................................................................................................... 10 1.13.13 Confidentiality.............................................................................................................................. 11 1.13.13.1 Independent Contractor Status .................................................................................................. 11 1.13.14 Escrow Agreement ....................................................................................................................... 11 1.13.15 College Logo and Branding ........................................................................................................ 11

SECTION 2.0 GENERAL PROJECT DESCRIPTION AND SCOPE ..................................................... 11 2.1 PROJECT OVERVIEW ............................................................................................................................. 11 2.2 PROJECT TIMETABLE ............................................................................................................................ 12

SECTION 3.0 COLLEGE BACKGROUND............................................................................................... 13 3.1 COLLEGE VISION, MISSION, AND GOALS ............................................................................................. 13 3.2 THE COLLEGE ....................................................................................................................................... 13 3.3 COLLEGE PROFILE ................................................................................................................................ 14 3.4 COLLEGE ORGANIZATION AND STAFFING ........................................................................................... 15

3.4.1 College Organization ................................................................................................................... 15 3.4.2 College Staffing ........................................................................................................................... 15

SECTION 4.0 COURSE DESIGN AND DEVELOPMENT SPECIFICATIONS .................................... 15 SECTION 5.0 ONLINE COURSE DEVELOPMENT TECHNICAL SPECIFICATIONS ................... 17 SECTION 6.0 STATEMENTS/QUESTIONS ON PROPOSED SOLUTIONS ....................................... 18

6.1 COMPANY .............................................................................................................................................. 18 6.2. TECHNICAL SERVICES/SUPPORT ........................................................................................................... 19 6.3 CLIENTS ................................................................................................................................................. 20

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SECTION 7.0 COLLEGE’S RESPONSIBILITIES ................................................................................... 20 SECTION 8.0 QUALIFICATIONS AND REQUIREMENTS .................................................................. 21

8.1 BIDDER QUALIFICATIONS ...................................................................................................................... 21 8.1.1 Client References ......................................................................................................................... 21 8.1.2 Liability Insurance ....................................................................................................................... 22 8.1.3 Company Financial Status .......................................................................................................... 22 8.1.4 Company Staffing ........................................................................................................................ 22

8.2 PROPOSAL SUBMISSIONS ....................................................................................................................... 22 8.3 PROPOSAL OUTLINE .............................................................................................................................. 23

8.3.1 Table of Contents ........................................................................................................................ 23 8.3.1.1 Tab 1 – Proposal Transmittal Letter .......................................................................................... 23 8.3.1.2 Tab 1A – Addendum Forms (if any are issued) ......................................................................... 23 8.3.1.3 Tab 1B – Bid Proposal Affidavit Form ...................................................................................... 23 8.3.1.4 Tab 2 – Executive Summary ....................................................................................................... 23 8.3.1.5 Tab 3 – Introduction ................................................................................................................... 23 8.3.1.6 Tab 4 – Company Background ................................................................................................... 23 8.3.1.7 Tab 5 – Company Finances ........................................................................................................ 24 8.3.1.8 Tab 6 – Company Experience and References .......................................................................... 24 8.3.1.9 Tab 7 – Security Statement ......................................................................................................... 25 8.3.1.10 Tab 8 – Responses to Functional and Technical Specifications ................................................ 25 8.3.1.11 Tab 9 – Proposed Course Design and Delivery Solution ............................................................ 25 8.3.1.12 Tab 10 – Exceptions to Terms and Conditions ........................................................................... 25 8.3.1.13 Tab 11 – Bidder Contracts ........................................................................................................... 25 8.3.1.14 Tab 12 -- Cost Proposal ................................................................................................................ 25

SECTION 9.0 EVALUATION OF PROPOSALS ........................................................................................ 26 9.1 ACCEPTABILITY OF PROPOSALS ........................................................................................................... 26 9.2 ASSESSMENT EVALUATION COMMITTEE ............................................................................................. 26 9.3 TECHNICAL EVALUATION ..................................................................................................................... 26

9.3.1 Satisfaction of Functional and Technical Specifications and Questions in Sections 4.0 – 6.0 27 9.3.2 Technical Platform Solution ....................................................................................................... 27 9.3.3 Company Financial Viability ...................................................................................................... 27 9.3.4 Company Background ................................................................................................................. 27 9.3.5 Cost Proposal Evaluation Criteria .............................................................................................. 28 9.3.6 Negotiation ................................................................................................................................... 28 9.3.7 Tentative Bidder Presentation Agenda........................................................................................ 28 9.3.8 Proposal Contents ........................................................................................................................ 28

APPENDICES ................................................................................................................................................. 28 INSTRUCTIONS AND REGULATIONS FOR BIDDING ............................................................................ 28 MANDATORY PROCUREMENT CONTRACT PROVISIONS ................................................................... 28 BID PROPOSAL AFFIDAVIT .............................................................................................................. 28 BID BOND ........................................................................................................................................ 28 MBE PARTICIPATION PROVISIONS ................................................................................................. 28 MBE UTILIZATION AFFIDAVIT ....................................................................................................... 28 MBE PARTICIPATION SCHEDULE.................................................................................................... 28

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Prince George’s Community College

GENERAL BID INFORMATION RFP #13-08

Section 1.0 Overview

1.1 Introduction Prince George’s Community College, a two-year community college, hereafter known as the “College” seeks a contractor to provide high quality online course development, instructional design, and user testing of fifteen (15) courses for FY2013-2014 (dependent on funding) with the possibility of an additional ten (10) courses during the FY2014-2015 fiscal year. The design work will begin January 2013 with a project completion date of June 21, 2013. The course design/development team will assist faculty in identifying interactive course activities that are designed to support intended instructional outcomes; establish clearly defined, easily navigated grading and assessment rubrics, and provide assistance in helping faculty to conceptualize engaging ways to structure and deliver learning objectives. The course design must adhere to acceptable multimedia and instructional design standards and to “Quality Matters” standards of quality. Additionally, the courses must be developed on a platform independent of a specific learning management system and be editable by the College. The chosen vendor must “drop” all courses into the current version of Blackboard. This RFP is issued to solicit proposals from qualified, experienced, financially sound, and responsible firms to assist the College in enhancing its online general education courses and career and technical education online programs. Respondents are encouraged to propose contractual arrangements offering the maximum benefit to the College in terms of compliance with (1) project requirements, (2) implementation schedule, and (3) total project cost.

1.2 MBE Participation The College has established a MBE goal for this project, with mandatory 10% MBE participation. It is the policy of Prince George’s Community College to encourage minority businesses and local businesses to provide goods and services for the performance of College functions. Minority businesses include non-profit entities organized to promote the interests of handicapped persons and firms that are 51% owned and controlled by a member(s) of socially or economically disadvantaged minority groups, which include: Blacks, Hispanics, American Indians, Alaska natives, Asians, Pacific Islanders, women, and the mentally or physically disabled. The contractor is required to demonstrate that a mandatory minimum 10% of the subcontractors and/or vendors anticipated to be retained by the Contractor for the College’s project are minority firms.

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NON-DISCRIMINATION IN PROCUREMENT The Board of Trustees is committed to a policy of non-discrimination and equal opportunity in all procurement activities, to the end that college purchases and contracts shall be solicited and entered into without regard to the race, color, religion, sex, marital status, age, handicap or national origin or status as a Vietnam war veteran, qualified disabled veteran, or qualified individual with a disability, of any bidder, prospective bidder, vendor or contractor. Minority Business Enterprises are encouraged to participate.

MINORITY BUSINESS ENTERPRISE _______YES ______NO CERTIFICATION #________________________ PRINCE GEORGE’S COUNTY FIRM _______YES _______NO SMALL BUSINESS FIRM _______YES _______NO

1.3 Liquidated Damages FOR EACH DAY THAT ANY WORK SHALL REMAIN UNCOMPLETED BEYOND THE TIME SPECIFIED IN THE CONTRACT, THE CONTRACTOR WILL BE ASSESSED LIQUIDATED DAMAGES OF $250.00 PER CALENDAR DAY (SUNDAY AND HOLIDAYS INCLUDED). 1.4 Submittal Deadline All responses to this RFP are due by 10:00 a.m., November 21, 2012. Proposals may be hand delivered

to Office of Procurement and Contracting, Prince George’s Community College, 301 Largo Road, Kent Hall, Room 264, Largo, MD 20774 or mailed to Prince George’s Community College, Office of Procurement and Contracting, 301 Largo Road, Kent Hall, Room 264, Largo, MD 20774. Proposals must be clearly identified and marked RFP #13-08. Late proposals will not be accepted. No proposals will be accepted at any other location. There will be no formal proposal opening.

1.5 Pre-Proposal Conference All bidders interested in submitting a proposal are invited to attend a Pre-Proposal Conference Call to be held at the College. The conference will begin at 10:00 a.m. on November 5, 2012.

While this Pre-Proposal Conference is not mandatory, information presented may be very informative, therefore all interested parties are encouraged to attend to better prepare acceptable proposals. This meeting will be a joint session for all interested parties and will involve an overview of the sections making up the RFP, followed by a question and answer period.

1.6 College Contacts Any questions or concerns regarding this RFP shall be directed in writing (fax or email) to: Lynnette Ellington [email protected] or [email protected]

Fax: 301-808-0381



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The College specifically requests that all bidders restrict all contact and questions regarding this RFP to the above named individual. Failure to adhere to this channel of communication will lead to the bidder being disqualified from having its proposal considered. All final questions of a substantive nature that are received by 1:00 p.m., November 9, 2012, will be responded to in writing and distributed to all interested bidders via an addendum. While the College will make every attempt to answer all questions that are submitted on time, ultimately, bidders are advised that the College reserves the right to use its best judgment in choosing to respond or not respond to any submitted questions. Further, it is at the College’s discretion as to how much detail will be provided in preparing these responses.

1.7 Contract Award At this time it is anticipated that an award will be made before the end of December 2012, subject to appropriation of funds and the timely completion of the course development project evaluation process. It is anticipated that the contract, if awarded, will be awarded within 30 days of the closing date for receipt of bidder proposals. By submitting a response to this RFP, the bidder assures the College that the proposal is valid for 180 days from the submission due date. An award for services specified herein will be made following a procedure using competitive sealed proposals. All proposals will be afforded security sufficient to preclude disclosure of the contents of the proposal, including prices and other information, prior to award. When submitting a proposal, the bidder should clearly mark “confidential information” to any section it does not want disclosed. However, cost proposal information cannot be kept confidential. The College reserves the right to award a contract for all or any portion of the requirements proposed by reason of this request, award multiple contracts, or to reject any and all proposals if deemed to be in the best interest of the College and to re-solicit for proposals. The College reserves the right to reject any or all offers received as a result of this RFP. Offers may be rejected for one or more reasons, including but not limited to the following: • Failure of the bidder to submit offer(s) by 10:00 a.m., November 21, 2012. • Failure of the bidder to separate and submit in separate sealed cartons/envelopes the technical proposal

and the cost proposal. • Failure of the bidder to comply with the mandatory channel of communication through the

Procurement Officer during the evaluation process. • Failure of the bidder to respond within the College’s evaluation time constraints to a request for

oral/written clarification, presentation, or demonstration. • Failure of the bidder to complete a response to all specifications as described in this RFP. • Failure of the bidder to supply appropriate and favorable client references. • Failure of the bidder to complete the cost proposal. • Failure of the bidder to include all required submittals.

1.8 License Agreements If software and services provided requires that license agreements be signed by the College, copies of such agreements must be included with the offer, and will be evaluated as part of such offer. Please note that the College’s RFP and the selected bidder’s proposal will be incorporated into any contract signed by the College.

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1.9 Use of Contract by Other Government/Education Agencies While this request for bid is prepared on behalf of Prince George’s Community College alone, it is intended to apply for the benefit of other Maryland educational institutions, as listed below: • The other fifteen Maryland community colleges. • University System of Maryland colleges and universities. • Maryland private colleges and universities. • Other regional public and private colleges and universities Unless exception is taken by the bidder, the resulting awarded items will be made available to any agencies listed upon their written request. Purchase requests and funding for other agencies will be the sole responsibility of that agency. 1.10 Taxes The College is exempt from federal excise taxes and state sales and use taxes. Tax exemption certificates shall be provided to the contractor upon request to the Procurement Officer. The selected contractor shall include on the face of all invoices the firm’s Federal Tax Identification Number. 1.11 Funding Limitations Funding limitations apply to the costs the College may incur for the products and services requested in this RFP. The bidder is cautioned to propose his/her best possible offer at the outset of the process, as there is no guarantee that a bidder will be allowed an opportunity to submit a best and final offer. 1.12 Instructions and Regulations for Bidding The College’s Instructions and Regulations for Bidding are presented in Appendix A. The bidder must state any exceptions to the terms and conditions and explain in complete detail the issue pertaining to each item. 1.13 Additional Contract Items In addition to Appendix A, the following is a list of additional contract items that will apply to this RFP: • Instructions and Regulations for Bidding • Mandatory Procurement Contract Provisions • COMAR Title 21 – State Procurement Regulations • Bid Proposal Affidavit • Bid Bond • MBE Participation Provisions • MBE Utilization Affidavit • MBE Participation Schedule 1.13.1 Duty Location of Contractor Personnel It is the college's strongest preference that all work on this project will be done by personnel located within the Continental United States. Prince George’s Community College reserves the right to restrict this award to those companies that can meet this criterion. At the College’s request, the bidder shall provide the College with a list of its personnel, including qualifications and work location.

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1.13.2 Performance of Contractor Personnel The contractor shall provide sufficient, qualified personnel to perform its obligations hereunder including, without limitation: • Project management. • Experienced, qualified course design team. • Such other personnel as may be designated in the Project. The contractor’s project manager and the applicable college project manager shall act to ensure that the contractor and any contractor subcontractors perform their respective obligations including without limitation, those specified in a mutually agreeable plan of work. At the College’s request, the bidder shall provide the College with a list of its personnel, including qualifications and work location, specifying the individuals qualified to be the key personnel. The College shall have the opportunity to review the aforementioned list and possibly interview and select the key personnel from that listing. 1.13.3 Removal of Contractor Personnel by the College The College shall have the right to require the contractor to replace any individual supplied by the bidder who provides services to the College including, without limitation, the project manager, members of the course design team, and other personnel as specified from the contractor and/or subcontractor if the College determines that: • Such individual is unfit or otherwise unsatisfactory to perform the contractor’s obligations

hereunder or • Such an individual has past the deadline to provide to the College an important deliverable. Unless the circumstances require an immediate removal (as determined by the College), the contractor shall have a period of seven (7) calendar days following the College’s request to resolve any problems with respect to such individual in a manner that is satisfactory to the College. If the bidder is unable to resolve the problem to the College’s satisfaction within such seven (7) calendar day period, then the contractor will be assessed a penalty of $500.00 per calendar day for failure to meet this requirement. 1.13.4 Removal/Reassignment by Contractor Except upon the College’s prior written consent, which consent may be withheld in the College’s sole discretion, the contractor shall not remove from a College project or temporarily reassign any key personnel to another account until such time as such personnel have completed all of their assigned responsibilities with respect to the contract and/or its addenda. Notwithstanding the foregoing, the contractor shall have the right to remove or reassign key personnel upon notice to the College if such removal or reassignment is required due to termination of employment, leave of absence or extended illness.

1.13.5 Key Personnel Vacancies If there is a vacancy in a key personnel position (a “vacancy” for purposes of this section includes the contractor’s failure to provide a replacement within the time frames specified above), the College shall have the right to withhold any amounts due to the contractor under the contract until the contractor provides a qualified replacement.

1.13.6 Project Planning and Organization The contractor shall be responsible for providing management oversight of its own resources in order to meet the project goals and time schedule. The College will be responsible for providing management of

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its resources and for the availability of sufficient College staff and resources to meet the goals and time schedule agreed to after award of the contract. The contractor will work closely with the college project manager and the executive director of eLearning to jointly develop and maintain a detailed overall project plan and time line. The executive director of eLearning will remain in overall charge of the project at all times. As project management is continually important, the contractor must agree that the bidder’s project manager will remain with the College project for the duration of the contract, subject to his or her continued employment with the successful bidder. 1.13.7 Implementation Schedule Based on the methodology chosen for adoption, detailed implementation schedules with start/end dates, critical path milestones, and associated resource requirements schedules (e.g., staffing) for each component will be developed jointly between the contractor and the College. However, bidders have a responsibility to submit a draft schedule with dates as part of the bid submission.

1.13.8 Implementation Delays A critical path milestone will be achieved successfully only when the College verifies in writing that the activities, events and/or deliverables that comprise such milestones have occurred and/or have been completed in accordance with the contract. Subject to the further terms of this section, if the College reasonably determines that the contractor is likely to fail to meet a milestone, or if the contractor already has failed to meet a milestone, then in addition to any other rights and remedies that may be available to the College: • At the College’s option, the contractor shall provide to the College as many contractor personnel as

may be required or necessary to achieve the milestone on a timely basis or, if the contractor has already failed to meet one or more critical path milestones, complete the milestone within a readjusted time frame established by the College, provided that:

o Any adjustment of a milestone date shall not operate to adjust any future milestone date unless specifically agreed to in writing by the College.

o Notwithstanding any such adjustment, the College shall be entitled to receive performance incentives based on the original milestone date unless waived in writing by the College.

• If a milestone has not been met, the College shall be entitled to receive credits in the amounts and pursuant to the terms and conditions set forth in the Contract for each day that the contractor fails to timely achieve a milestone. The performance incentives for the contractor’s missing a milestone shall be an amount equal to a multiple of the average daily resource cost. At its option, the College shall have the right to set off any performance incentives against amounts due or to become due to contractor.

• The College may withhold any sums due or payable to contractor. 1.13.9 Unavailability of College Personnel The online course development project involves many complex tasks that will require a high level of coordination and resource management planning. If the College determines that a milestone is likely to be missed, or if a milestone has been missed, in each case due to a lack of available College personnel to perform the College’s responsibilities in connection with the milestone, then, upon the College’s written request, the contractor shall provide to the College the additional resources required to meet the milestone, or if one or more milestones already has been missed as a result of such lack of College personnel,

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complete the milestones within a readjusted time frame mutually agreed to in writing by the parties. The College shall reimburse the contractor for such additional resources at the agreed upon service rates.

1.13.10 Status of Meetings and Reports On the biweekly dates specified in an implementation timeline, the College project manager, the contractor project manager and other appropriate representatives from both the contractor and the College shall communicate with the executive director of eLearning to discuss the status of the implementation under the applicable contract. Such discussions shall identify any difficulties or issues that may exist, including personnel issues, and any proposed changes to any date or other item set forth in the applicable implementation plan. The College project manager shall keep minutes of the meetings in a form satisfactory to the contractor and the College and shall issue copies of the minutes to all meeting attendees as soon as reasonably possible, but in no event later than three (3) business days following each meeting. At least two (2) business days before each such status meeting, the contractor shall present to the College a written report of the status of the implementation and activities under the applicable contract. The report shall include, among other things: • A summary in such detail as the College shall reasonably request of the accomplishments and

difficulties encountered, and suggestions and proposed actions for dealing with and resolving any identified difficulties and the anticipated results.

• A comprehensive and consolidated log of all outstanding project-related problems identified by the College and contractor that remain to be resolved.

• The then-current percentage of project completion, along with an estimate of the number of hours required to complete the project and the time remaining to project completion, in such detail (e.g., activity or task level) as the College shall direct.

• College and/or 3rd party delays or other circumstances known to contractor, or that reasonably should be known to contractor that contractor claims have or will impact on its ability to meet any critical path milestone.

1.13.11 Warranties By submitting a proposal, the bidder warrants to the College that it has the capability to perform the requirements as stated in the proposal and any accompanying documentation. 1.13.12 College Ownership The contractor agrees that the College shall receive a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to do so, all software, course templates, instructions, files, and documentation developed at any time during the period of the contract and for this contract, for use only by Prince George’s Community College. 1.13.13 Confidentiality The contractor shall comply with the provisions of the Privacy Act of 1974 and instruct its employees to use the same degree of care as it uses with its own data to keep confidential information concerning client data, the business of the College, its financial affairs, its relations with its students and its employees, the implementation services process, as well as any other information which may be specifically classified as confidential by the College in writing to the contractor. All federal and state regulations and statutes related to confidentiality shall be applicable to the contractor. The contractor shall have an appropriate agreement with its employees to that effect, provided, however, that the foregoing will not apply to: • Information which the College has released in writing from being maintained in confidence.

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• Information which at the time of disclosure is in the public domain by having been printed and published and available to the public in libraries, on the College website, regional and national conferences and meetings, or other public venues where such data is usually collected and displayed.

• Information which, after disclosure, becomes part of the public domain as defined above, through no act of the contractor.

1.13.13.1 Independent Contractor Status The contractor agrees that contractor and contractor’s employees, partners and agents have no employer-employee relationship with the College, nor will they act for or on behalf of the College. No acts performed or representation, whether written or oral, made by the contractor with respect to third parties shall be binding to the College. The College shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will the College furnish any medical or retirement benefits or any paid vacation or sick leave. 1.13.14 Escrow Agreement The contractor will provide an Escrow Agreement or an Agency Agreement whereby the firm will make available to the College all course files and related development materials required in the proposal in the event of non-compliance by failure or default; firm ceases to exist or is merged with another firm; firm drops course development services or ceases to support course development and design services. The escrow account will be maintained by the contractor at its own expense. 1.13.15 College Logo and Branding All courses must be branded, as appropriate, with the College’s official logos. The College will provide electronic files and style guidelines for the use of the logos and brand.

Section 2.0 General Project Description and Scope

2.1 Project Overview The primary purpose of this RFP is to acquire high quality course development, instructional design, and user testing services for 15 newly designed online courses. Seven (7) newly designed online courses will focus on high enrollment general education courses, one (1) course will be an online student orientation course, one (1) course will be a showcase course highlighting innovative use of technology in online pedagogy in a discipline to be determined, and the remaining six (6) courses will focus on the Paralegal Studies program at the College. The general education courses include Computer Literacy; Composition I: Expository Writing; Composition II: Writing about Literature; General Psychology; Introduction to Sociology; Introduction to Nutrition; Introduction to Speech. The orientation course is the eLearning Online Student Orientation Course and the showcase course will be selected from a list of course recommendations from the faculty. Additionally, six core courses from the Paralegal Studies program – Introduction to Law for the Paralegal; Techniques of Legal Research; Legal Writing and Documents; Introduction to Criminal Justice; Criminal Evidence and Procedures; and either Torts and Insurance Law or Contracts will be slated for course redesign. Enrollments in online courses at the College have grown exponentially. The rate of growth from 1995 through 1999 was 58%, from 1999 through 2003 enrollments grew 124%, and from 2003 through 2011 enrollments increased an additional 89%. Although the number of credit hours increased at the College from Fall 2001 to Fall 2010 by 33% (face-to-face delivery), the credit hours delivered by distance learning (online learning) increased by 242%.

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A review of outcomes in the seven high-enrollment general education courses indicates 31% to 61% of students who participate in these courses online fail to successfully complete the course compared to 13% to 29% who take the same courses in traditional classroom settings. It is our goal to increase individual course pass rates in these online courses so as to match, or exceed, the rates experienced in the face-to-face course. The College offers several online degree and certificate programs, including Criminal Justice and Paralegal/Legal Studies. A review of course completion rates for these online program offerings, especially in the paralegal/legal assistant area, suggests that 33% to 65% of students who register for courses in the paralegal program do not complete their coursework compared to the 10% to 40% who take the same courses in traditional classroom settings. It is our goal to increase course completion rates in the online paralegal program so as to match the rates (on a course-by-course basis) experienced in the face-to-face program of study. 2.2 Project Timetable A tentative timetable for course development and delivery is as follows: This timetable will be revisited and updated once the vendor selection is completed. Specific dates related to the RFP process include:

• Distribute RFP----October 26, 2012 • Pre-Proposal Conference – November 5, 2012 • Final Questions Due – November 9, 2012 • Response Date for Questions – November 13, 2012 • RFP Proposals Due – November 21, 2012, 10am • Evaluate Proposals – November 26th thru November 30th • Vendor Presentations (if necessary) – To Be Determined (TBD) • Committee Decision – by mid-December • Contract Negotiations – TBD after committee decision • Project Launch - January 11, 2013

Course design activities (15 courses) Computer Literacy; Composition I: Expository Writing; Composition II: Writing about Literature; General Psychology; Introduction to Sociology; Introduction to Nutrition; Introduction to Speech; eLearning Online Student Orientation Course; one showcase course; Introduction to Law for the Paralegal; Techniques of Legal Research; Legal Writing and Documents; Criminal Justice; Criminal Evidence and Procedure; and either Torts or Contracts Course delivery – June 21, 2012 Computer Literacy; Composition I: Expository Writing; Composition II: Writing about Literature; General Psychology; Introduction to Sociology; Introduction to Nutrition; Introduction to Speech; eLearning Online Student Orientation Course; one showcase course; Introduction to Law for the Paralegal; Techniques of Legal Research; Legal Writing and Documents; Criminal Justice; Criminal Evidence and Procedure; and either Torts or Contracts

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Section 3.0 College Background 3.1 College Vision, Mission, and Goals • PGCC Vision

Prince George’s Community College will be the community’s first choice for innovative, high quality learning opportunities.

• PGCC Mission Prince George’s Community College transforms students’ lives. The College exists to educate, train,

and serve our diverse populations through accessible, affordable, and rigorous learning experiences.

• Strategic Goal 1 Prince George’s Community College will respond to and anticipate the learning needs of a diverse

student population by creating and expanding educational opportunities and support services. • Strategic Goal 2

Prince George’s Community College will create and expand educational opportunities and support services that respond to and anticipate evolving workforce demands.

• Strategic Goal 3 Prince George’s Community College will secure mission-compatible alternative funding, build

mutually beneficial partnerships, and strategically allocate financial resources. • Strategic Goal 4

Prince George’s Community College will create and expand technology-based educational offerings, support services, and professional development opportunities.

• Strategic Goal 5 Prince George’s Community College will emphasize and promote, both internally and within the region, the College’s role as an agent of change.

3.2 The College Since 1958, Prince George’s Community College has been providing educational opportunities for students from Prince George’s County and around the world. Dr. Charlene A. Dukes serves as the College’s eighth president. Under her leadership, the College has embarked on an ambitious strategic plan to become a world-class institution of higher education. The College's main campus is located in Largo, Maryland, with six (6) additional sites at University Town Center in Hyattsville, Laurel College Center, Joint Base Andrews, Skilled Trades Center, Westphalia Training Center and John Eager Howard Elementary School. The College partners with Howard Community College to offer classes at the Laurel College Center. Each year nearly 40,000 students take part in day, evening or weekend classes in more than 60 programs of study in a wide range of traditional and cutting-edge disciplines, such as business, humanities, allied health, science, computer information systems, and the social and behavior sciences. With an average class size of 20 students, Prince George’s Community College provides students with an enriching, learning-centered environment in which to further their academic and professional careers. The College offers classes in the fall, spring and summer. In addition, a myriad of non-credit and contracted education classes have variable start and end dates throughout the year.

http://www.pgcc.edu/president_welcome.html

http://www.pgcc.edu/extensioncenters/utc.html

http://www.laurelcollegecenter.org/

http://www.laurelcollegecenter.org/

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Academic programs at Prince George's Community College are divided into two categories:

• Transfer programs parallel the first two years of a bachelor’s degree and are designed to help students

transfer to four-year colleges and universities. Transfer programs also provide undergraduate prerequisites for students majoring in pre-pharmacy, pre-dental, pre-law, pre-medicine and pre-physical therapy.

• Career programs provide technical skills necessary for employment and career advancement. Many of the credits earned in career programs transfer to four-year colleges and universities. Prince George’s Community College also offers hundreds of noncredit continuing education courses and programs in a variety of subjects. These courses are available to students seeking professional and personal advancement. Over 2,631 full- and part-time/adjunct faculty members, classified staff, and administrative staff ensure that students get the attention and assistance they require. The College’s current annual operating budget is approximately $102.5 million.

3.3 College Profile

College Profile

Credit Students # of Inquiries per year 10,000 Estimated Applicants – Fall ‘11 7,446 Fall ’11 Headcount 14,647 Fall ’11 FTE 8,456 FY11 Total Unduplicated Headcount 42,709 FY11 Unduplicated Headcount – Students taking ANY credit course

22,1,592

WDCE Students (Non-Credit)

FY11 Unduplicated Headcount – Students taking ANY noncredit course

22,970

Financial Aid # Financial Aid Applications for FY2011 as of 6/5/12

19,063

Annual Financial Aid Awarded in FY2011 as of 6/5/12

48,928,221

Personnel Administrators 61 Classified and Professional Staff 486 FT/408 PT Full-Time Faculty 254 Part-Time/Adjunct Faculty 1,412 Payroll Cycles biweekly

http://www.pgcc.edu/programs.html

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3.4 College Organization and Staffing

3.4.1 College Organization • Faculty: Comprised of 254 full-time faculty and 1,412 part-time/adjunct faculty. Individual

College departments also maintain large adjunct pools from which instructors can be drawn when necessary.

• Classified and Professional Staff: The College has 894 full-time and part-time classified and professional staff employees.

• Administrative Staff: The College has 61 full-time administrators, including the College president and all vice-presidents.

Oversight and leadership is provided to the College through its Board of Trustees, who meet on a monthly basis to receive reports from the president, the heads of the three staff organizations, as well as other pertinent news concerning the College. The nine (9) member board includes the College president as well as a student representative, and is joined in its meetings by the College attorney.

3.4.2 College Staffing The College’s project manager for this initiative will be either a staff person in the division of ELearning or working under the direction of the senior academic administrator. Any technical questions or issues that arise as a result of this project will be referred to Technology Services.

Section 4.0 Course Design and Development Specifications The College has established the following mandatory specifications that are essential to supporting various course design and development activities. These requirements provide the desired development criteria and are expected to be met in the proposed solution. Please respond to each requirement below by entering the appropriate response key in the “Key” column. If an explanation is necessary, provide the narrative in the “Vendor Comment” column. The response key is as follows:

RESPONSE KEY: • Y = Can meet this requirement with proven experience (describe experience in comments section) • F = Can meet this requirement, yet no proven experience • N = Cannot meet this requirement

# Requirement Key Vendor Comment 4.1 Service Requirements The integrated solution must have the ability to: 4.1.1 Assemble a course design team to include

minimally a project coordinator, instructional designer, instructional technologist, and if necessary, a graphics specialist.

4.1.2 Course design team works collaboratively with faculty who serve as content experts. There must be a sufficient number of design teams

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# Requirement Key Vendor Comment assigned to the contract (as determined by the bidder) so as to ensure rollout deadlines are met.

4.1.3 The design team is expected to establish and maintain effective working relationships with faculty for the duration of the project.

4.1.4 The course design process will include at least one initial on-site visit to the PGCC campus in Largo, Maryland to collaborate and establish relationships with faculty prior to the start of each course development cycle over the life of this contract. Additional follow-up site visits may be scheduled as appropriate on the advice of the executive director of eLearning and with the approval of the vice president of academic affairs.

4.1.5 Bidders should make arrangements to have available recently developed courses in the disciplines outlined in the Section 2.0.

4.2 Design Requirements 4.2.1 The course design process should be well

conceived, carefully articulated, and well documented. The process must include :

4.2.2 The design process must be a collaborative effort and the course design team will: (1) assist faculty in developing measurable learning outcomes and course activities for each online course; (2) identify course activities that support intended instructional outcomes; (3) establish clearly defined, easily navigated grading and assessment rubrics; (4) assist faculty in conceptualizing ways to structure and deliver learning objectives that are interactive and engaging.

4.2.3 The design of online courses will utilize best practice methods as outlined in Quality Matters standards.

4.2.4 All online courses must be in compliance with the Americans with Disabilities Act.

4.2.5 Courses are to be developed using design principles appropriate for adult learners.

4.2.6 Courses from different disciplines may require specific learner-focused approaches and techniques for people of all ages.

4.2.7 Courses are to be designed to reach students who are assumed to have good internet connectivity (broadband is highly recommended) and operating systems and browsers fully tested and supported by Blackboard version 9.1 (Windows Vista running Internet Explorer 9 or Firefox 4.0+; Windows 7 running Internet Explorer 9 or Firefox 4.0+; MAC OSX 10.5 and 10.6 running Safari 5.0 or

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# Requirement Key Vendor Comment Chrome 10.)

4.2.8 Courses are to be developed to be compatible with mobile and tablet devices

4.2.9 Courses are to be developed to allow for future editing, modification, and updates by faculty.

4.3 Delivery and Installation Requirements 4.3.1 Online course must be developed independent of

a specific learning management system and must seamlessly integrate into the current version of Blackboard used at the College (Blackboard 9.1)

4.2.2 Course files are to be delivered via portable storage device or internet download.

4.3.3 Successful bidder must have the ability to conduct multiple course development projects simultaneously under the scope of the contract to assure on-time delivery of online courses.

Section 5.0 Online Course Development Technical Specifications The College has established the following mandatory technical specifications that are essential to supporting the online course development. These requirements provide the desired technical specifications and are expected to be met in the proposed solution.

Please respond to each requirement below by entering the appropriate response key in the “Key” column. If an explanation is necessary, provide the narrative in the “Vendor Comment” column. The response key is as follows:

RESPONSE KEY:

• Y = This criteria is native to the proposed solution • I = This criteria is not native to the proposed solution, but can be met at no

additional cost • E = This criteria is not native to the proposed solution, but can be met at an

additional cost (provide in comment section) • N = This criteria is not provided in the proposed solution

# Technical Specifications Key Vendor Comment The integrated solution must have the ability to: 5.1.1 Expand to accommodate increased enrollment at

PGCC.

5.1.2 Be web-based and browser-independent, ensuring backward and forward browser compatibility with Microsoft Internet Explorer, Firefox, Safari 3.x and higher, Opera, and Google Chrome browsers.

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Be developed on a platform that uses IMS open

standards such as SCORM and LTI.

5.1.3 Support PGCC-adopted desktop PC Operating Systems like Microsoft Windows Vista/XP, Windows 7, Apple Macintosh, etc.

5.1.4 Support any/all mainstream document formats and items, including PDF, Microsoft Office, Office 2010, and Office 2010 file formats, HTML, Flash Video, MP3/4, zip files and URL to content stored by the system or stored elsewhere.

5.1.5 Allow for storage of information in a variety of ways including word processing, spreadsheet, presentation, and multimedia (image, sound, movies) files.

5.1.6 Be scalable in its backend architecture to handle the growth of the community college.

5.1.7 Support optimal system response time that does not suffer based on access via hard-wire or wireless (Wi-Fi, 3G, WiMAX) end user connectivity.

5.1.8 Have the capability of real time/online editing of all developed and self-authored content.

5.1.9 Allow for custom institutional branding, including changing names, titles and headings of the graphical user interface.

Section 6.0 Statements/Questions on Proposed Solutions Please respond to the following statements/questions for the proposed course development project where appropriate. 6.1 Company 6.1.1 How long has your company been in business? 6.1.2 Describe any changes in executive leadership in your company in the past three years and any

planned or announced changes in the next 36 months. 6.1.3 State your company’s corporate vision. 6.1.4 State your company’s mission. 6.1.5 Indicate the company’s history in designing online courses for colleges and universities,

specifically community colleges. 6.1.6 Describe your company’s experience designing courses using the Quality MattersTM rubric,

standards and/or principles. 6.1.7 Describe five key higher education trends related to eLearning/distance learning through 2012 and

describe how these trends are likely to impact your corporate strategies.

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6.1.8 What new or emerging technologies is your company tracking for possible inclusion into your company’s higher education products and/or services?

6.1.9 What technologies is your company likely to phase out over the next three years? 6.1.10 Describe what percentage of your company’s resources are dedicated to the support of higher

education. 6.1.11 How many employees does your company have? Please provide a breakdown of the employees by

function (administrative, marketing, sales, sales support, client support services, course development, training, etc.).

6.1.12 Provide the name, skills and credentials, experience related to this RFP and work location, for each

proposed key staff member involved with the project. Provide three references for each proposed key staff member.

6.1.13 What percentage of the work done by the bidder, if any, will be subcontracted to another entity?

Please identity the entity along with previous contract relationships. 6.1.14 What is the average employee retention for course designers and instructional technologists for the

last five years? 6.1.15 What is the average number of years that your course designers and instructional technologists have

been with your company? 6.1.16 Does your company support charitable activities that benefit institutions of higher education or

their students? 6.1.17 Indicate the number of new higher education clients your company obtained as of the close of the

most recent fiscal year. 6.1.18 What higher education/technology conferences does your company support and attend annually? 6.1.19 Are any of your company’s officers, directors or principal shareholders now the subject of any

litigation in which an adverse decision might result in a material change in the company’s financial position or future viability?

6.2. Technical Services/Support 6.2.1 Describe the degree to which your company has substantial knowledge and expertise in the

development and design of online courses for colleges and universities, especially community colleges, if appropriate.

6.2.2 Online course must be developed independent of a specific learning management system and must

seamlessly integrate into the current version of Blackboard used at the College (Blackboard 9.1). Describe your experience in developing platform-independent online courses for the Blackboard learning management system.

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6.2.3 The successful contractor is expected to assemble a course design team consisting of (minimally) a project coordinator, an instructional designer and instructional technologist. The design team will work closely with faculty who serve as content experts. Describe the structure of your typical design team, including the skills of its members and their experience in course development. How many design teams will you assign to this contract to assure on-time delivery?

6.2.4 The course development and design process should be well conceived, carefully articulated and

documented. Please describe the course development process that you will use in taking a course idea from the initial stages to the final product. Especially address each of the following elements in the process: assessment of existing course (if applicable), initial site visit, collaboration with faculty (content experts), best practices, adult learners, and design coherence.

6.2.5 The successful bidder must have the ability to conduct multiple course development projects

simultaneously to assure on-time delivery of online courses. Describe your capacity to develop multiple courses within a compressed time frame.

6.2.6 Describe the proposed software tools you will use to develop the online courses. 6.2.6.1 Describe the proposed software tools needed by the college if editing of the courses is required in

the future. Also include estimate costs of these tools. 6.2.7 Describe the proposed project management tools and techniques you will use for developing and

managing the implementation schedule and associated resources. 6.2.8 What is the average period of time it takes to develop a new online course? A revision of an

existing course? 6.2.9 Please describe the availability, responsiveness, and problem escalation policies and procedures for

your course development and design division. 6.2.10 How often are client satisfaction surveys conducted by your company? What are the average

ratings on these surveys?

6.3 Clients 6.3.1 How many clients does your company have currently? How many of these clients are in higher

education?

Section 7.0 College’s Responsibilities The responsibility of the successful contractor is to fulfill and complete the tasks set forth in this RFP. The College fully understands that the contractor’s performance may be affected by the level of support the contractor receives from the College. The contractor shall not be responsible for its inability to perform under this agreement when such inability is caused by the failure of the College’s employees to perform their respective duties and tasks as agreed upon by the two parties. Specific responsibilities of the College include: • Provide contractor with a project manager as the primary point of contact during the conduct of this

project.

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• Provide contractor with access to the executive director of eLearning, senior academic administrator, and the vice president for academic affairs for periodic review of the project.

• Provide contractor with written descriptions of course content, current assessment materials, and any course specific requirements;

• Provide contractor with appropriate office and conference room facilities for onsite design team visits.

• Provide contractor with a faculty instructor (content expert) who will be assigned responsibility for the course under development.

• Provide repository for the final courses within the Blackboard course management system. While under contract, it is understood that the course design and delivery process will not adversely impact the operation and administration of the College. Further, it is assumed the course development and delivery process will operate in accordance with the College’s annual calendar, normal working hours, including the acceptance of all College holidays.

Section 8.0 Qualifications and Requirements This section describes the minimum bidder qualifications and functional requirements necessary to be considered fully responsive to this RFP. In all instances, bidders must demonstrate in the response that their experience meets the qualifications requested and that their respective solution meets the College’s requirements. The College solely shall determine if such demonstration of experience and/or requirement compliance meets the requirements of the RFP. 8.1 Bidder Qualifications Each bidder shall demonstrate that it has the skills, professional staff and experience to develop and implement a solution that meets the specific requirements in this RFP. Bidders must meet respectively all of the following qualifications and requirements to be given consideration: 8.1.1 Client References Experience must be demonstrated in a minimum of four (4) higher educational institutions where courses described in this RFP have been developed and deployed successfully using state of the art best practices methodologies. For each assignment, the bidder shall provide the following information: • Name of college or university organization. • Physical and mailing address. • Contact’s name (must be either former client’s project manager or supervisor of online course

delivery). • Contact’s position. • Contact’s telephone number. • Contact’s e-mail address. • List of online courses developed for client. • Date of contracts. • Scope of course development project provided by your company.

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8.1.2 Liability Insurance Each bidder shall provide the College evidence of its Professional Liability Insurance in the amount of $2,000,000 by submitting a copy of their Certificate of Insurance and Professional Liability Insurance. Each bidder must also provide a copy of a sample contract.

8.1.3 Company Financial Status The successful bidder shall demonstrate its financial capability to enter into this relationship and to sustain this project. Additionally, the successful bidder shall provide the following documentation: • Annual report with audited financial statements for the most recent three (3) fiscal year period or • Financial statements for the most recent three (3) fiscal year periods.

8.1.4 Company Staffing The successful bidder shall demonstrate that it has adequate staff to perform the required services. Client satisfaction reference checks shall be performed by the College to substantiate experience, skills and credentials for each proposed key staff member involved with the project. 8.2 Proposal Submissions The proposal shall consist of one volume that consists of the Technical Proposal and the Cost Proposal. The boxes or packages containing the proposal copies must be properly labeled. The label needs to show the name of the project (RFP #13-08 Prince George’s Community College Online Course Development Project) and the date and time when the proposals are due. Refer to the Calendar of Events for deadline for submitting the proposal. Proposals should be prepared simply and economically, providing a description of the bidder’s capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content. The proposal shall be presented in a single 3-ring binder if possible. Each section will have an indexed divider and be tabbed according to the order described below. The proposals will be submitted to: Name and Address of Bidder: Office of Procurement and Contracting Prince George’s Community College Kent Hall, Room 264 301 Largo Road Largo, MD 20774-2199 RFP No: 13-08 Proposals Due: November 21, 2012 Time 10:00 A.M. Any questions regarding this Request for Proposal should be directed to Lynnette Ellington no later than 1:00 P.M., November 9, 2012. Questions should be faxed to (301) 808-0381 or emailed to [email protected] or [email protected]. Bidders are advised that the College reserves the right to use its best judgment in choosing to respond or not respond to any submitted questions.



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8.3 Proposal Outline Proposals must be organized in the order presented in this RFP. Submitted proposals must follow the tab layout and include all information requested for each section. Proposals not organized in the prescribed manner may be eliminated from consideration. The bidder must respond, in order, to all of the items listed in the RFP, use the numbering system of this RFP, and be complete and comprehensive in a concise manner. 8.3.1 Table of Contents 8.3.1.1 Tab 1 – Proposal Transmittal Letter Submit a letter that provides general background information about the bidder. The letter must be completed and signed by an officer in the company authorized to contract on behalf of the company. 8.3.1.2 Tab 1A – Addendum Forms (if any are issued) Submit an executed copy of each Addendum Form. The form must be signed by an officer in the company authorized to contract on behalf of the company. Failure to submit this document(s) may lead to the disqualification of the bidder. 8.3.1.3 Tab 1B – Bid Proposal Affidavit Form A Bid Proposal Affidavit Form is enclosed in Appendix B and is to be included here. Failure to submit this document may lead to the disqualification of the bidder. 8.3.1.4 Tab 2 – Executive Summary Submit no more than a three-page, double-spaced Executive Summary describing the essence of the bidder’s proposal. No cost information is to be included in this summary. 8.3.1.5 Tab 3 – Introduction Submit no more than a three-page, double-spaced description of what the bidder is including in the proposal. Any uniqueness about the proposal and/or bidder can be cited here. Any special value offered in this proposal (with the exception of costs) can also be included here. 8.3.1.6 Tab 4 – Company Background Submit no more than a two-page description of the bidder’s background and organizational history, including years in business and location of offices. Include a brief statement on mergers, acquisitions or sales experienced by the company, including relevant details related to such transactions. Submit no more than a one-page descriptive statement indicating the bidder’s qualifications for delivering the products and services sought under this solicitation. Submit no more than a two-page statement regarding the bidder’s strategic plans that demonstrate a strong commitment to higher education and the continuing development and support of products and services related to this industry. Submit no more than a three-page statement as to whether there is any significant pending litigation against the bidder. If such litigation exists, explain whether the pending litigation will impair the bidder’s performance under the resulting contract.

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8.3.1.7 Tab 5 – Company Finances Submit documentation that describes the financial condition of company. Provide certified, audited financial statements including a full set of footnotes as follows: • For the past three (3) fiscal years include, at a minimum, income statements, balance sheets, and

statements of changes in financial position or cash flows. If three (3) years of financial statements are not available, this information should be provided to the fullest extent possible or document the reasons they are not available.

• For a privately held company, when certified audited financial statements are not prepared, include a written statement from the company’s certified public accountant stating the financial condition, debt-to-asset ratio for the past three (3) years and any pending actions that may affect the company’s financial condition. The College reserves the right to determine whether the substitute information meets the requirements for financial information sufficiently to allow the College to evaluate the sufficiency of financial resources and the ability of the business to sustain performance of the contract award.

• Submit the company’s most recent debt rating from Standard & Poors, Moody’s or Dun and Bradstreet, if available.

• Submit evidence of the proportion of the company’s revenues attributable to institutions of higher education.

8.3.1.8 Tab 6 – Company Experience and References Submit a statement describing the bidder’s course design and development services to higher education institutions of comparable size and complexity as Prince George’s Community College. Include information relative to the bidder’s ability to provide specific expertise to work cooperatively with client project managers and faculty, and to meet functional requirements of the College utilizing best practice solutions. Provide a listing of four (4) higher education institutions, preferably community/technical colleges, of comparable size and complexity where bidder has successfully deployed course design/development services. For these references, include: • Name of college or university organization. • Physical and mailing address. • Contact’s name (must be person knowledgeable of course design/delivery) • Contact’s position. • Contact’s telephone number. • Contact’s e-mail address. • List of online courses developed for client. • Date of contracts. • Scope of course development project provided by your company. Provide the name, skills and credentials and experience related to this RFP, for each proposed key staff member involved with the project. Provide three references for each proposed key staff member.

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8.3.1.9 Tab 7 – Security Statement Submit a statement agreeing to safeguard and protect the College’s data as required by law. 8.3.1.10 Tab 8 – Responses to Functional and Technical Specifications Within this tab, the bidder is to provide a response to College specifications outlined in Sections 4.0 and 5.0 of this RFP. For Section 6.0, the bidder must provide a written, point-by-point narrative response to each requirement. Supplemental technical information, product literature, and other supporting materials should be included ONLY if they further explain or clarify the bidder’s response. 8.3.1.11 Tab 9 – Proposed Course Design and Delivery Solution • Product and Implementation The bidder shall propose and briefly describe a course development and delivery process that will enable the College to offer newly developed or redevelopment of existing courses in the Fall 2013 term. Courses must be complete and ready for delivery no later than June 21, 2013. • Implementation Methodology The bidder is to describe the methodology to be employed to provide the services proposed. Provide enough detail for the College to understand how the course development methodology works and why it is well-suited to the College’s needs. 8.3.1.12 Tab 10 – Exceptions to Terms and Conditions The bidder is to state any exceptions to the terms and conditions here and explain in complete detail the issue pertaining to each item. Bidding Terms and Conditions are presented in Appendix A of the RFP. 8.3.1.13 Tab 11 – Bidder Contracts The bidder is to enclose here all required contract documents of both the bidder and any third-party partners whose products are included in the proposal. 8.3.1.14 Tab 12 – Cost Proposal The proposal will detail required cost information for both the course development products and services. Any services rendered will be paid as delivered. Fixed price figures must include travel and per diem expenses, if any, and remain effective for 180 days from the receipt of proposal and should be submitted in the following format: • Course Development The bidder is to provide information concerning the price of development for a new “fresh” course as well as cost structures for courses requiring varying levels of revision. Please indicate how existing courses will be vetted to assess their development potential. Any additional costs related to this project must be identified and clearly described. The proposal must include an estimate of development effort for each course, understanding that there will be effort variance depending on the availability of course materials, etc.

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The College seeks through this partnership a bidder that can demonstrate experience in the field of higher education to bring proactive ideas and solutions to the institution. To this end, the bidder is encouraged to offer additional value to this proposal as deemed appropriate. The idea is to encourage the bidder to offer additional creative approaches to solving typical community college issues related to online course development and refresh services.

Section 9.0 Evaluation of Proposals The bidder should have substantial experience in the development, design, and delivery of online courses for higher education markets, especially in community colleges or four year Baccalaureate granting institutions of comparable size and complexity. 9.1 Acceptability of Proposals The Office of Procurement and Contracting (OPC) shall determine which bidders have met the basic requirements of the RFP. The OPC shall have the sole authority to determine whether any deviation from the requirements of this RFP is substantial in nature. The OPC may waive or permit to be cured minor irregularities in proposals that are immaterial or inconsequential in nature, whenever it is determined to be in the College’s best interest. In addition, the OPC may reject in whole or in part any and all proposals, and conduct discussions with all responsible bidders in any manner deemed necessary to best serve the interests of the College. 9.2 Assessment Evaluation Committee The College has established an Online Course Design and Development Evaluation Committee (the “Committee”) to review and rate the proposals. The Committee shall thereafter review each responsive proposal for compliance with the requirements of the RFP as set forth herein. The Committee will review all proposals based on the information contained in the bidder’s proposal, client references, and for the finalists, the oral presentation. The Committee will make a recommendation for an award to the Procurement Officer. 9.3 Technical Evaluation The College intends to perform the technical evaluation based on the bidder’s response to the criteria presented in Sections 4.0 and 5.0 and of the narrative requirements in Sections 6.0 and 8.0. Qualified bidders’ responses will be evaluated for overall quality, compliance with the requirements, clarity, and concise presentation. It will be presumed that the quality assurance standards employed in the preparation and delivery of the proposal are reflective of the bidder’s overall quality assurance standards used in developing and delivering online courses. Proposal Evaluation Criteria Acceptable proposals will be evaluated according to the following rating scale: Criteria Weight • Satisfaction of Functional, Technical 25

and Narrative Requirements and Questions in Sections 4.0 – 6.0

• Solution Total Cost 15 • Staffing capacities 15 • Clarity and conciseness of course design process 10 • Quality of sample online courses 10

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• Experience with Quality Matters 5 • Demonstrated ability to meet launch deadlines 5 • Client references 5 • Company Financial Viability 5 • Company Background 5 Total 100 Points

9.3.1 Satisfaction of Functional and Technical Specifications and Questions in Sections 4.0 – 6.0 Below is a minimal sample of key concerns that will be considered: • How comprehensive is the bidder’s solution in meeting the functional needs listed? • To what extent are specifications provided or require modification at no cost or at

additional cost? • Did the bidder answer satisfactorily the questions regarding the company, product, services/support,

and clients? • Does the bidder sufficiently describe its course development methodologies, including schedule

planning, tools and techniques, and supplemental resources? • Does the bidder indicate how it will be responsive to the needs of the College over the timeframe of

the project? • Does the bidder have substantial knowledge and expertise in the course design and delivery process

and possesses relevant design tools/services? • Will the bidder provide continuity of experienced personnel throughout the duration of the project? • Does the bidder fully describe how it will oversee the delivery and set-up of newly designed courses? • Will the bidder provide continuity of experienced personnel throughout the duration of the project? • Has the bidder demonstrated that it will bring professional leadership, enthusiasm and cooperation to

the implementation process? 9.3.2 Technical Platform Solution Below is a minimal sample of key concerns that will be considered: • Provide a listing of all development tools (i.e., software, etc.) to be used in the proposed solution.

9.3.3 Company Financial Viability Below is a minimal sample of key concerns that will be considered: • Has the bidder included required documentation regarding annual fiscal performance for the past

three years? • Does the financial profile of the bidder exemplify stability? • Does the bidder allocate considerable resources to research and development of its products and

services? 9.3.4 Company Background • Does bidder history indicate a substantial and successful record of accomplishment in the higher

education industry? • Are the references favorable to the bidder’s product offering and services? • Does the bidder indicate a continuous commitment and involvement in the higher education market? • How do third-party companies view their partnership with the bidder?

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• How often do the bidder’s clients conduct user conferences? To what extent does the bidder support these efforts?

9.3.5 Cost Proposal Evaluation Criteria Final negotiation and award will be made to the responsible bidder with the lowest “cost benefit” score who conforms to the specifications and has complied with all requirements. 9.3.6 Negotiation The College has the right to accept the best proposal as submitted, without discussion or negotiation, and may do so. Bidders should therefore not rely on having a chance to discuss, negotiate and adjust their proposals. Responsible bidders who submit a proposal initially and are judged by the Committee to be reasonably acceptable of being selected as finalists may be asked to provide information to clarify a question or concern. If the Committee determines that further cost discussion is in the best interests of the College, the OPC will advise the two finalists to submit a best and final offer for consideration by the Committee. The College retains the right to reject all submitted proposals. 9.3.7 Tentative Bidder Presentation Agenda Finalists will be requested to make a web-based presentation of a recently developed course to the Online Course Design and Development Evaluation Committee at the bidders’ expense. Proposals will be evaluated during the month of December. Committee decisions are planned for late December, 2012. Contract negotiations will also occur in December 2012 with the project to be launched in January, 2013. 9.3.8 Proposal Contents The following items must be included in the proposal:

• Cover Letter signed by authorized representative of company. • Six copies of paper Proposal (one original, 5 copies). • One electronic media of Proposal (e.g., flash drive) • All Addenda. • Bid Proposal Affidavit. • License Agreements. • Higher Education References. • Audited Financial Statements.

Appendices

• Instructions and Regulations for Bidding • Mandatory Procurement Contract Provisions • Bid Proposal Affidavit • Bid Bond • MBE Participation Provisions • MBE Utilization Affidavit • MBE Participation Schedule

BID PROPOSAL AFFIDAVIT A. AUTHORIZED REPRESENTATIVE I HEREBY AFFIRM THAT: I am the (title) _________________________________and the duly authorized representative of (business) ______________________________________and that I possess the legal authority to make this Affidavit on behalf of myself and the business for which I am acting. B. AFFIRMATION REGARDING BRIBERY CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, or any of its employees directly involved in obtaining or performing contracts with public bodies (as is defined in Section 16-101(f) of the State Finance and Procurement Article of the Annotated Code of Maryland), has been convicted of, or has had probation before judgment imposed pursuant to Article 27, Section 641 of the Annotated Code of Maryland,or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal, law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business): ____________________________________________________________________________________________________________________________________________________________ C. AFFIRMATION REGARDING OTHER CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, or any of its employees directly involved in obtaining or performing contracts with public bodies, has: (a) Been convicted under state or federal statute of a criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract, fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property; (b) Been convicted of any criminal violation of a state or federal antitrust statute;

(c) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. 1961, et seq., or the Mail Fraud Act, 18 U.S.C. 1341, et seq., for acts arising out of the submission of bids or proposals for a public or private contract;

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(d) Been convicted of a violation of the State Minority Business Enterprise Law, Section 14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland; (e) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsection (a), (b), (c), or (d) above; (f) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of bids or proposals for a public or private contract; (g) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statue described above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment): ______________________________________________________________________________ ______________________________________________________________________________ D. AFFIRMATION REGARDING DEBARMENT I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, or any of its employees directly involved in obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, excepts as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the details of each person’s involvement in any activity that formed the grounds of the debarment or suspension): ___________________________________________________________________________ ___________________________________________________________________________ E. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES I FURTHER AFFIRM THAT: (1) The business was not established and it does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and (2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification): _____________________________________________________________________________ _____________________________________________________________________________

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F. SUB-CONTRACT AFFIRMATION I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction. G. AFFIRMATION REGARDING COLLUSION I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business has: (1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying bid or offer that is being submitted; (2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or price proposal of the bidder or offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying bid or offer is submitted. H. FINANCIAL DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, the provisions of Section 13-221 of the State Finance and Procurement Article of the Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. I. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, Article 33, Sections 30-1 through 30-4 of the Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other agreements with the State of Maryland, including its agencies or a political subdivision of the State, during a calendar year in which the person receives in the aggregate $100,000 or more shall file with the State Administrative Board of Election Laws a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election.

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J. DRUG AND ALCOHOL FREE WORKPLACE (Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head’s designee has determined that application of COMAR 21.11.08 and this certification would be inappropriate in connection with the law enforcement agency’s undercover operations.) I CERTIFY THAT: (1) Terms defined in COMAR 21.11.08 shall have the same meaning when used in this certification. (2) By submission of its bid or offer, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall: (a) Maintain a workplace free of drug and alcohol abuse during the term of the contract; (b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business’ workplace and specifying the actions that will be taken against employees for violation of these prohibitions; (c) Prohibit its employees from working under the influence of drugs or alcohol; (d) Not hire or assign to work on the contract anyone whom the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program; (e) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred; (f) Establish drug and alcohol abuse awareness programs to inform its employees about: (i) The dangers of drug and alcohol abuse in the workplace; (ii) The business’ 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 J(2)(b), above;

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(h) Notify its employees in the statement required by J(2)(b), above, that as a condition of continued employment on the contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction; (i) Notify the procurement officer within 10 days after receiving notice under J(2)(h)(ii) above, or otherwise receiving actual notice of a conviction; (j) Within 30 days after receiving notice under J(2))(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace: (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 J(2)(a)-(j), above. (3) If the business is an individual, the individual shall certify and agree as set forth in J(4), below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract. (4) I acknowledge and agree that: (a) The award of the contract is conditional upon compliance with COMAR 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 21.08.06. K. CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT I FURTHER AFFIRM THAT:

(1) The business named above is a (domestic ______) ((foreign _______) corporation registered in accordance with the Corporations and Associations Article, Annotated Code of

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Maryland, and that it is in good standing and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation, and that the name and address of its resident agent filed with the State Department of Assessments and Taxation is: Name: ____________________________________________________________________ Address: __________________________________________________________________ __________________________________________________________________________ (If not applicable, so state.) (2) Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Employment Security Administration, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement. L. CONTINGENT FEES I FURTHER AFFIRM THAT: The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee or agent, any fee or any other consideration contingent on the making of the Contract. M. Repealed. N. ACKNOWLEDGEMENT I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this bid or proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. Date: ________________ By: _____________________________________ (Authorized Representative and Affiant)

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PROPOSAL BOND Bond No. _________________ KNOW ALL MEN BY THESE PRESENTS, that we, ___________________________ as Principal, hereinafter called the Principal, and ____________________________ ____________________, a corporation duly organized under the laws of the State of ____________________, as Surety, hereinafter called the Surety, are held and firmly bound unto the Board of Trustees of Prince George’s Community College (hereinafter called the “Board”) for the sum of __________________________Dollars ($______________) for the payment of which sum, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for ____________________________ __________________________________________________________________ (Identify project by number and brief description). NOW THEREFORE, if the Principal, upon acceptance by the Board of its bid identified above, within the period specified herein for acceptance (ninety (90) days, if no period is specified), shall execute such further contractual documents, if any and give such bond(s) as may be required by the terms of the bid as accepted within the time specified (ten (10) days if no period is specified) after receipt of the forms, or in the event of failure so to execute such further contractual documents and give such bonds, if the Principal shall pay the Board for any cost of procuring the work which exceeds the amount of its bid, then the above obligation shall be void and of no effect. The Surety executing this instrument hereby agrees that its obligation shall not be impaired by any extension (s) of the time for acceptance of the bid that the Principal may grant to the Board, notice of which extension(s) to the Surety being hereby waived; provided that such waiver of notice shall apply only with respect to extensions aggregating not more than ninety (90) calendar days in addition to the period originally allowed for acceptance of the bid. PGCC-C7 (5/82) (Page 1)

In Presence of: Individual Principal Witness ____________________________as to ________________________(SEAL) __________________________________________________________________ In Presence of: Co-Partnership Principal Witness ________________________(SEAL) (Name of Co-Partnership) ____________________________as to ________________________(SEAL) ____________________________as to ________________________(SEAL) ____________________________as to ________________________(SEAL) __________________________________________________________________ Corporate Principal ______________________________ Name of Corporation Attest: ____________________________ By: _________________AFFIX Corporate Secretary President CORPORATE SEAL __________________________________________________________________ ______________________________ (Surety) AFFIX Attest: CORPORATE By SEAL ____________________________ Title: _______________ Signature Bonding Agent’s Name: ______________________________ (Business Address of Surety) ____________________________ Agent’s Address: ____________________________ __________________________________________________________________ Approved as to legal form and sufficiency this ______day of ___________________, 20_____. ______________________________ Board Attorney PGCC-C7 (5/82) (Page 2)

PRINCE GEORGE’S COMMUNITY COLLEGE

MINORITY BUSINESS ENTERPRISE PARTICIPATION PROVISIONS

MBE 1. Introduction. These provisions, and the accompanying MBE Utilization Affidavit, form a part of the Contract Documents. Award of the Contract shall be subject to the college concluding that the apparent successful bidder meets the requirements of these provisions. The definitions contained in COMAR 21.11.03.03 apply to these provisions. MBE 2. MBE Participation Goal. MBE 2.1 A certified Minority Business Enterprise (“MBE”) participation goal of not less than 10 percent of the dollar value of the Contract has been established by the college for this procurement. The Bidder agrees that not less than 10 percent of the total Contract amount will be performed by certified MBE’s. MBE 2.2. An MBE prime contractor responding to the solicitation shall, if awarded the Contract accomplish an amount of work not less than 10 percent of the total Contract amount with its own work force, certified MBE subcontractors, or both in combination. The documentation requirements of MBE 4 are applicable only if MBE subcontractors are to be utilized in the performance of the Contract. The MBE prime contractor shall, however, be certified or submit an MBE affidavit and apply to be certified in accordance with MBE 4.4. MBE 3. MBE Utilization Affidavit. Each bid submitted in response to this solicitation shall be accompanied by a completed MBE Utilization Affidavit in the form attached, in which the Bidder acknowledges the MBE Participation Goal and commits to make a good faith effort to achieve the goal. MBE 4. Documentation. The following documentation shall be considered as part of the Contract, and shall be furnished by the apparent successful bidder within 10 working days from notification that he is the apparent successful bidder or within 10 days following the award, whichever is earlier. If the Contract has been awarded and the following documentation is not furnished, the award shall be null and void. MBE 4.1. A completed schedule of participation naming each MBE who will participate in the project that describes the:

(a) Contract items to be performed or furnished by the MBE and the proposed timetable for performance, and;

(b) Agreed prices to be paid to each MBE for the work or supply. MBE 4.2. If the apparent successful bidder is unable to achieve the contract goal for MBE participation, the apparent successful bidder may submit instead of or in conjunction with the schedule of participation, a request in writing for a waiver as provided below. MBE 4.3. An MBE subcontractor project participation statement signed by both the bidder and each MBE listed in the schedule of participation, which shall include:

MBE 1

(a) statement of intent to enter into a contract between the prime contractor and each subcontractor if a contract is executed between the college and the prime contractor or if the prime contract has been awarded, copies of the subcontract agreement or agreements; and

(b) The amount and type of bonds required of MBE subcontractors, if any. MBE 4.4. A completed and signed MBE affidavit for any MBE prime contractor and for each MBE identified in the schedule for MBE participation provided that the bidder, offeror, or subcontractors are not already certified by the State Minority Business Certification Council or the Department of Transportation under COMAR 21.11.03.15 or 16. MBE 4.5. An affidavit completed and signed by the prime contractor stating that, in the solicitation of subcontract quotations or offers, MBE subcontractors were provided not less than the same information and amount of time to respond as were non-MBE subcontractors, and that the solicitation process was conducted in such manner as to otherwise not place MBE subcontractors at a competitive disadvantage to non-MBE subcontractors. MBE 4.6. Any other documentation considered appropriate by the college to ascertain bidder responsibility in connection with the contract MBE participation goal. MBE 4.7. The Contractor, by submitting his bid or offer, consents to provide that documentation requested by the college and to provide right of entry at any reasonable time for purposes of the college’s representatives verifying compliance with the MBE subcontractor requirements. MBE 5. Contracts Involving Subcontracts. MBE 5.1. Award of a Contract involving subcontracts shall be subject to the college concluding that the apparent successful bidder or offeror meets the applicable certified MBE participation provisions contained in the solicitation.

MBE 5.2 The apparent successful bidder shall within 10 working days from the date of award of the contract or notification that it is the apparent successful bidder, whichever is earlier, submits the documentation required. MBE 5.3. Nothing in these provisions is intended to preclude the award of a contract conditionally upon receipt of the document specified in MBE 5.2. MBE 5.4 Whenever an uncertified minority business is identified for contract award, or in the schedule for subcontract participation, the college shall forward the affidavit of the minority business to the appropriate certification entity for certification consistent with COMAR 21.11.03.15 and 16. A contract may be awarded notwithstanding the pendency of certification. In the event of an unfavorable disposition, the college may not, in the future, treat that business entity as an MBE until it is so certified. MBE 6. Noncompliance. If the college determines that the apparent successful bidder has not complied with the certified MBE subcontract participation contract goal, and has not obtained a waiver in accordance with MBE 7, or if the bidder fails to submit the documentation required

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by the solicitation, the Contract Officer, upon review by the college Attorney and approval of the President or the President’s designee, may reject the bid or offer or cancel the award of the contract. The reasons for this action shall be specified in writing and mailed or delivered to the bidder.

MBE 7. Waiver. MBE 7.1. If, for any reason, the apparent successful bidder is unable to achieve the contract goal for certified MBE participation, the bidder may request, in writing, an exception to the goal with justification to include the following:

(a) A detailed statement of the efforts made to select portions of the work proposed to be performed by certified MBEs in order to increase the likelihood of achieving the stated goal;

(b) A detailed statement of the efforts made to contact and negotiate with certified MBEs, including:

(1) The names, addresses, dates and telephone numbers of certified MBEs contacted, and;

(2) A description of the information provided to certified MBEs regarding the plans,

specifications, and anticipated time schedule for portions of the work to be performed;

(c) As to each certified MBE that had placed a subcontract quotation or offer which the apparent successful bidder considers not to be acceptable, a detailed statement of the reasons for this conclusion; and

(d) A list of minority subcontractors found to be unavailable. This list should be accompanied by an

MBE unavailability certification signed by the minority business enterprise, or a statement from the apparent successful bidder that the minority business refused to give the written certification.

MBE 7.2. A waiver of a certified MBE contract goal may be granted only upon a reasonable demonstration by the bidder that certified MBE participation was unable to be obtained or was unable to be obtained at a reasonable price and if the President or the President’s designee determines that the public interest is served by a waiver. In making a determination under this section, the President or President’s designee may consider engineering estimates, catalogue prices, general market availability, and availability of certified MBEs in the area work is to be performed, other bids or offers and subcontract bids or offers substantiating significant variances between certified MBE and non-MBE cost of participation, and their impact on the overall cost of the contract to the college and any other relevant factor. MBE 7.3. The President or the President’s designee may waive any of these provisions for a sole source, expedited or emergency procurement in which the public interest cannot reasonably accommodate use of these procedures.

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MBE 8. Amendment for Unforeseen Circumstances. If at any time before execution of a contract, the apparent successful bidder determines that a certified MBE listed on the schedule for participation has become or will become unavailable, then the apparent successful bidder shall immediately notify the Contract Officer. Any desired change in the schedule for participation shall be approved in advance by the Contract Officer and shall indicate the Contractor’s efforts to substitute another certified MBE subcontractor to perform the work. Desired changes occurring after the date of Contract execution may occur only upon written approval by the President or the President’s designee and subsequently by Contract amendment. MBE 9. Compliance. MBE 9.1. To assure compliance with certified MBE subcontract requirements, the college may require the Contractor to furnish:

(a) Copies of purchase orders, subcontracts, cancelled checks, and other records that may indicate the number, names, dollar value of certified MBE subcontracts, dates, and

schedule time for performance of work by an MBE subcontractor; and

(b) Entry for an on-site verification inspection. MBE 9.2. Upon determining the Contractor’s non-compliance, the college shall notify the Contractor in writing of its findings and shall specify what corrective actions are required. The Contractor shall be required to initiate the corrective actions within 10 days and complete them within the time specified by the college. MBE 9.3. If the college determines that substantial non-compliance with MBE subcontract provisions exists and that the Contractor refuses or fails to take the corrective action required by the college, then the following sanctions may be invoked: (a) Termination of the Contract in whole or in part for cause; (b) Referral to the college Attorney for appropriate action; (c) Initiation of any other specific remedy identified by Contract; or (d) The college may use any other compliance mechanism authorized by Contract or by law.

MBE 4

BOARD OF TRUSTEES OF PRINCE GEORGE’S COMMUNITY COLLEGE

MINORITY BUSINESS ENTERPRISE UTILIZATION AFFIDAVIT I hereby declare and affirm that I am the _______________________________________ (Title) and the duly authorized representative of _________________________________________ __________________________________________________________________________ (Name of Bidder) I further declare and affirm that the Bidder acknowledges the Minority Business Enterprise participation goal of not less than 10 percent of the total contract amount, and commits to make a good faith effort to achieve the goal. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THE FOREGOING DOCUMENT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, AND THAT I AM AUTHORIZED, ON BEHALF OF THE ABOVE BIDDER, TO MAKE THIS AFFIDAVIT. _______________________ (Date) _________________________________ (Affiant’s Signature) _________________________________ Print or type name

Prince George's Community College MBE Participation Schedule

_______________________________________________________________________________________ Prime Contractor (Firm Name, Address, Phone) Project Description _______________________________________________________________________________________ Project Number Total Contract Amount $ _______________________________________________________________________________________ ***List Information For Each Certified MBE Subcontractor On This Project*** __ A. Minority Firm Name, Address, Phone MBE Classification:_________________________ MBE Certification Number: _________________ Work To Be Performed MBE Federal ID Number: _________________________ _______________________________________________________________________________________ Project Commitment Date Project Completion Date _______________________________________________________________________________________ Agreed Dollar Amount Percentage Of Total Contract _______________________________________________________________________________________ B. Minority Firm Name, Address, Phone MBE Classification:_________________________ __________________________________________MBE Certification Number: ______________________ Work To Be Performed MBE Federal ID Number: ________________________ Project Commitment Date Project Completion Date ______________________________________________________________________________________ Agreed Dollar Amount Percentage Of Total Contract ______________________________________________________________________________________ C. Minority Firm Name, Address, Phone MBE Classification:________________________ MBE Certification Number: _________________ Work To Be Performed MBE Federal ID Number: _________________________ Project Commitment Date Project Completion Date Agreed Dollar Amount Percentage Of Total Contract ____________________________________________________________________________________________________________ THIS FORM PREPARED BY: (Contractor signature is required) Date: ______________________________________________________________________________________ (PGCC OFFICIAL USE ONLY) _ APPROVED: ____YES _____NO__________________________ ___________ __________________________________________________________________ DATE SIGNATURE - OFFICE OF PROCUREMENT & CONTRACTING ____________________________________________________________________________________________________________

USE CONTINUATION PAGE AS NEEDED

SUMMARY

TOTAL MBE PARTICIPATION: _________% $_____________ TOTAL AFRICAN-AMERICAN MBE PARTICIPATION: _________% $_____________ TOTAL WOMAN-OWNED MBE PARTICIPATION: _________% $_____________ MBE Classification: Hispanics , Asian , American Indians , Women , African American , Physical or Mentally Disabled

SUBMIT THIS AFFIDAVIT WITH BID/PROPOSAL

Prince George's Community College MBE Participation Schedule

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List Information For Each Certified MBE Subcontractor On This Project D. Minority Firm Name, Address, Phone MBE Classification:________________________ MBE Certification Number: _________________ Work To Be Performed MBE Federal ID Number: __________________________ ______________________________________________________________________________________ Project Commitment Date Project Completion Date ______________________________________________________________________________________ Agreed Dollar Amount Percentage Of Total Contract ______________________________________________________________________________________ E. Minority Firm Name, Address, Phone MBE Classification:________________________ MBE Certification Number:__________________ Work To Be Performed MBE Federal ID Number:__________________________ Project Commitment Date Project Completion Date ______________________________________________________________________________________ Agreed Dollar Amount Percentage Of Total Contract ______________________________________________________________________________________ F. Minority Firm Name, Address, Phone MBE Classification:________________________ MBE CertificationNumber:__________________ Work To Be Performed MBE Federal ID Number:__________________________ ______________________________________________________________________________________ Project Commitment Date Project Completion Date ______________________________________________________________________________________ Agreed Dollar Amount Percentage Of Total Contract ______________________________________________________________________________________ G. Minority Firm Name, Address, Phone MBE Classification:________________________ MBE.CertificationNumber:__________________ Work To Be Performed MBE Federal ID Number: __________________________ ______________________________________________________________________________________ Project Commitment Date Project Completion Date ______________________________________________________________________________________ Agreed Dollar Amount Percentage Of Total Contract ______________________________________________________________________________________

SUMMARY

SUB-TOTAL MBE PARTICIPATION: _______% $___________ SUB-TOTAL AFRICAN-AMERICAN MBE PARTICIPATION: _______% $___________ SUB-TOTAL WOMAN-OWNED MBE PARTICIPATION: _______% $___________ MBE Classification: Hispanics , Asian , American Indians , Women , African American , Physical or Mentally Disabled

SUBMIT THIS AFFIDAVIT WITH BID/PROPOSAL