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OFFICE OF PROCUREMENT AND CONTRACTING REQUEST FOR PROPOSALS #16-11 “ADVERTISING CAMPAIGN FOR FY17ISSUE DATE: April 8, 2016 OVERVIEW PRESENTATION: DATE: April 7, 2016, TIME: 10:00 A.M. Prince George’s Community College 301 Largo Road Kent Hall Rm. 262 Largo, Maryland 20774 PROPOSAL DUE DATE: May 3, 2016 TIME: 10:00 A.M. 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 PROCUREMENT BUYER: Mary Browning Senior Buyer [email protected] DEADLINE FOR QUESTIONS: April 15, 2016 BY 12:00 NOON RESPONSE DATE FOR QUESTIONS: April 22, 2016 BY CLOSE OF BUSINESS NOTE: ALL ADDENDA CAN BE ACCESSED AT: http://www.pgcc.edu/About_PGCC/Procurement/Request_for_Bids.aspx and https://emaryland.buyspeed.com/bso/ * * *BIDS MUST BE MAILED OR HAND DELIVERED TO THE ADDRESS SHOWN ABOVE, NO LATER THAN THE ANNOUNCED DATE AND TIME OF CLOSING. BIDS SENT BY FACSIMILE WILL NOT BE ACCEPTED.

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OFFICE OF PROCUREMENT AND CONTRACTING

REQUEST FOR PROPOSALS #16-11 “ADVERTISING CAMPAIGN FOR FY17”

ISSUE DATE: April 8, 2016 OVERVIEW PRESENTATION: DATE: April 7, 2016, TIME: 10:00 A.M. Prince George’s Community College 301 Largo Road Kent Hall Rm. 262 Largo, Maryland 20774

PROPOSAL DUE DATE: May 3, 2016 TIME: 10:00 A.M. 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 PROCUREMENT BUYER: Mary Browning Senior Buyer [email protected] DEADLINE FOR QUESTIONS: April 15, 2016 BY 12:00 NOON RESPONSE DATE FOR QUESTIONS: April 22, 2016 BY CLOSE OF BUSINESS NOTE: ALL ADDENDA CAN BE ACCESSED AT: http://www.pgcc.edu/About_PGCC/Procurement/Request_for_Bids.aspx and

https://emaryland.buyspeed.com/bso/

* * *BIDS MUST BE MAILED OR HAND DELIVERED TO THE ADDRESS SHOWN ABOVE,

NO LATER THAN THE ANNOUNCED DATE AND TIME OF CLOSING. BIDS SENT BY

FACSIMILE WILL NOT BE ACCEPTED.

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Prince George’s Community College RFP #16-11

REQUEST FOR PROPOSALS #16-11

“ADVERTISING CAMPAIGN FOR FY17”

TABLE OF CONTENTS

CONTENTS:

1. Request for Proposals Page 3

2. Statement of Work Page 5

3. Bid Proposal Affidavit Page 10

4. Conflict of Interest Affidavit and Disclosure Form Page 17

5. Performance Agreement Page 19

6. References Page 20

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Prince George’s Community College RFP #16-11

REQUEST FOR PROPOSALS #16-11

The Board of Trustees of PRINCE GEORGE’S COMMUNITY COLLEGE hereto known as

“the College” invites sealed proposals to "ADVERTISING CAMPAIGN FOR FY17", as

hereinafter set forth. Sealed proposals will be received in the Office of Procurement and

Contracting, Kent Hall, Room 264, Prince George’s Community College, 301 Largo Road,

Largo, Maryland, until 10:00 A.M., May 3, 2016, and at that time will not be publicly opened.

Late proposals will not be accepted. If the College is closed, the proposals will be accepted on

the next day that the College is open for business.

The Board of Trustees may consider informal any proposal not prepared and submitted in

accordance with the stated provisions and may waive any informalities in, or reject any or all

proposals. In the event the College determines that it is in the best interests of the College to

make changes in the specifications or quantities, after the proposal opening, but prior to award,

the College reserves the right, prior to award, to negotiate such changes with the qualified

responsive bidder submitting the low offer and to award a contract incorporating such agreed

upon changes to that bidder.

All proposal prices shall hold for a period of ninety (90) days after the proposal opening.

AWARD

The College reserves the right to make an award by aggregate bid, or to award separate contracts

for each or any of the items bid, subject to the availability of funds, to reject any or all bids,

accept any part and reject the other part as best serves the interests of the College.

The College intends to award a contract(s) to various vendors, as it plans to advertise in several

advertising/media channels. A contract shall be awarded to the lowest responsive and

responsible Vendors, who conform to the specifications, with consideration given to:

The quantities involved.

The time required for delivery.

The purpose for which required.

The competence and responsibility of the bidder.

The ability of the bidder to perform the contract satisfactorily.

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Prince George’s Community College RFP #16-11

OTHER REQUIREMENTS

All questions pertaining to this solicitation must be sent via email to Mary Browning, Senior

Buyer, at [email protected] no later than 12:00 noon on April 15, 2016. No oral

communications can be relied upon for bid purposes.

To the extent that a question causes a change to any part of the Request for Proposal, an

amendment shall be issued addressing such. Vendors are advised that the College reserves the

right to use its best judgment in choosing to respond or not respond to any question received

after the above stated cut-off date for questions.

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.

1-YEAR OPTION TO RENEW CONTRACT

The College will launch a year-long advertising campaign for FY17 from July 1, 2016 – June

30, 2017 with an optional second year contract renewal for FY18 beginning July 1, 2017 and

ending June 30, 2018. The College reserves the right to renew FY17 advertising contracts with

awarded vendors only for an additional year to provide advertising services during the FY18

campaign. All awarded vendors for the FY17 advertising campaign will be notified by the

College on or before June 30, 2017 and informed of their contract renewal status for the FY18

advertising campaign.

RIDER CLAUSE

Cooperative purchase agreement: where this contract is prepared on behalf of Prince

George’s Community College, pricing will be extended for use by other state of Maryland

community colleges, other state of Maryland and local governmental agencies, Maryland school

districts, and the university of Maryland system unless the contractor specifically prohibits or

limits such arrangements in his/her proposal. Funding for other agencies will be the sole

responsibility of the respective agency.

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Prince George’s Community College RFP #16-11

STATEMENT OF WORK

BACKGROUND

The College will launch a year-long advertising campaign from July 1, 2016 – June 30, 2017

with an optional second year contract renewal. The College’s Office of Marketing and Creative

Services will use the deliverables of this campaign to primarily drive awareness, enrollment, and

retention. The primary demographic market for the College is Prince George’s County,

Maryland.

OVERVIEW OF PRINCE GEORGE’S COMMUNITY COLLEGE

Mission Statement: Prince George’s Community College transforms students’ lives. The

College exists to educate, train, and serve its diverse populations through accessible, affordable,

and rigorous learning experiences.

Since 1958, the College has provided high quality educational opportunities for a richly diverse

population in Prince George’s County and surrounding areas. Today, the College serves more

than 40,000 students (credit and continuing education) each year through more than 200

academic and workforce development and continuing education programs of study. The College

offers students transfer opportunities to four-year institutions; career preparation and job

training; licensure and certification programs; and personal enrichment classes.

The most popular programs at the College are in health sciences, business management, cyber

security/information technology, culinary arts, mass communications, and skilled trades.

The main campus is located less than 10 miles from the nation’s capital, with additional locations

at University Town Center in Hyattsville, Joint Base Andrews, Laurel College Center, Skilled

Trades Center in Camp Springs, Westphalia Training Center in Upper Marlboro, and the

Culinary Arts Program in Capitol Heights.

The College has a very diverse population. While the majority of students are female (62%) and

students of color (84%), the College has experienced a continuous growth among international

and Hispanic/Latino students during the past few years. While the average age of a student at the

College is 27, the College serves a variety of age groups including high school students and

graduates, young professionals and seasoned professionals. The College also serves the largest

seniors program in the state of Maryland.

The College’s top priority, called Envision Success, is an active agenda designed to double the

number of students who complete their education at the College by 2020, whether it be through

obtaining an associate degree, certificate, certification, or licensure.

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Prince George’s Community College RFP #16-11

FACTS

Information and data about student enrollment can be found on Attachment A of the Statement

of Work, and on the College’s web site at:

PGCC.edu > About PGCC > Facts and Figures > Data and Reports

http://www.pgcc.edu/uploadedFiles/Content/Student_Activities/opair/Fast%20Facts%202014.pd

f

SCOPE

The College will advertise in several advertising/media channels throughout the 2017-18 fiscal

years as outlined in the categories below. The primary demographic market (DMA) for the 2017

advertising campaign is Prince George’s County, Maryland, and the secondary market is

Washington, DC.

1) Television/Cable

a) Local television stations that target Prince George’s County and Washington, DC (WDC)

as one of their top markets.

b) Cable networks that target Prince George’s County and WDC.

c) Website/banner ad placement alternatives on home or partner page of site

2) Radio

a) Radio stations that target Prince George’s County and WDC as one of their top markets.

b) Website/banner ad placement alternatives on home or partner page of site

3) Newspaper/Magazine

a) Local newspapers/magazines that target Prince George’s County and WDC as their top

markets.

b) Website/banner ad placement alternatives on home or partner page of site

4) Mass Transit

a) Metro and local buses traveling routes in Prince George’s County and WDC.

b) Metro and local rail stations at high traffic stops in Prince George’s County and WDC.

c) Bus exteriors, rail interiors, platform displays, digital displays, etc.

5) Outdoor

a) Billboards or other outdoor space near PGCC Centers – Largo main campus, Laurel

College Center, University Town Center (Hyattsville), and Joint Base Andrews, Camp

Springs, and Upper Marlboro.

b) Bus shelters in Prince George’s county and WDC.

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Prince George’s Community College RFP #16-11

6) Social Media / Digital

a) Search engine marketing, paid search, etc.

b) Display advertising.

c) Affiliate marketing.

d) Social media platforms.

e) Mobile, text messaging, or geo-proximity marketing.

7) Movie Theatre

a) Movie theaters in Prince George’s County and WDC.

8) Other

a) Other media/advertising channels/outlets not listed here may be considered and must

demonstrate their ability to reach our target market in Prince George’s County and WDC.

DATA – (proposals must include media/outlet data as outlined below.)

1) Television/Cable

a) Data showing how television station is positioned in the marketplace, particularly in

Prince George’s County, when compared to other stations.

2) Radio

a) Data showing total population reached, percentage of population reached from

advertisements placed, frequency (number of times) population is likely to hear the

advertisement, and gross ratings points.

b) Data showing how radio station is positioned in the marketplace, particularly in Prince

George’s County, when compared to other stations.

3) Newspaper/Magazine

a) Number of subscribers, circulation, readership, and households reached in Prince

George’s County and in WDC.

b) Data showing specific demographics of target audiences [i.e. race, gender, age, income,

location (town/zip code), behaviors/attitudes]

c) Data showing average number of readers per day or week, average daily readership, total

population reached, percentage of population reached from advertisements placed,

frequency (number of times) population is likely to see the advertisement.

d) Description of how publication is distributed to audiences.

4) Mass Transit

a) Data showing total impressions, total population reached, percentage of population

reached from advertisements placed, frequency (number of times) population is likely to

see the advertisement.

5) Outdoor

a) Data showing total impressions, total population reached, percentage of population

reached from advertisements placed, frequency (number of times) population is likely to

see the advertisement.

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Prince George’s Community College RFP #16-11

6) Social Media / Digital

a) Data showing total impressions, clicks, total population reached, percentage of

population reached from advertisements placed, frequency (number of times) population

is likely to see the advertisement.

7) Movie Theatre

a) Number of runs per week, number of impressions per week.

b) Total population reached, percentage of population reached by Prince George’s

Community College, number of times people will see advertisement, and gross rating

points.

8) Other

a) Data showing specific demographics of target audiences [i.e. race, gender, age, income,

location (town/zip code), behaviors/attitudes]

DELIVERABLES

Advertising proposals may be submitted for one or more media/advertising channels and should

address the following:

a) Name, Address, and Overview of the organization.

b) Audience profile, impressions, and reach.

c) Demographics section that specifically addresses how your organization reaches Prince

George’s County and WDC residents; who you are reaching (showing race, gender, age,

income, location); and trends in behavior and lifestyles of whom you are reaching.

d) Advertising product/component (i.e., TV spot, radio spot, ad space, banner ad, etc.).

e) Standard rate card and volume discount opportunities.

f) Advertising packages and value-add opportunities.

g) Unique advertising and sponsorship opportunities.

h) Specification sheet, with formats/sizes, and delivery information.

i) Schedule of advertising placement.

j) Samples of advertisement product/component in “actual use”.

k) Itemized list of costs and total costs associated with each proposed advertising

component.

l) Pricing should reflect costs before and after applicable discounts.

m) Data as outlined on pages 7-8.

n) Complete contact information for a minimum of two (2) people (person’s name, title,

organization name, direct telephone number, and e-mail address).

o) Digital examples must be placed online, and the URL link should be spelled out and

included within the written proposal. Alternatively, digital examples can also be placed

on a USB / thumb drive and submitted with the hard copy proposal submission.

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Prince George’s Community College RFP #16-11

TIMELINE

The FY17 advertising campaign begins no later than July 1, 2016 through June 30, 2017. A

timeline of the RFP process is listed below.

Annual Advertising RFP Pre-Bid Meeting April 7, 2016

Public posting of the FY17 Advertising Campaign announcement April 8, 2016

Questions from vendors due – by 12:00 pm April 15, 2016

Response to questions from vendors – by COB April 22, 2016

Submission deadline for advertising proposals – by 10:00 am May 3, 2016

Finalize selection of vendors June 15, 2016

Communication to selected vendors June 20-24, 2016

FY16 Advertising Campaign begins July 1, 2016

PROPOSAL SUBMISSION

Vendors are required to submit one (1) original and two (2) copies of their proposal in sealed

envelopes bearing the Request for Proposal number, RFP Title, and the Name and Address of

the bidder on the outside of the envelope. (Note: Bid prices should include the services and

costs for FY17 only). A properly completed and executed Bid/Proposal Affidavit, Conflict of

Interest Affidavit and Disclosure form, Performance Agreement, and Reference Sheet must

accompany the proposal. Failure to do so may deem bid nonresponsive.

In addition to the deliverables stated above, all proposals must include the requested

documentation stated within the RFP. All proposals must be hand-carried or delivered by 10:00

A.M. on May 3, 2016 to the following:

Prince George’s Community College

Attn: Mary Browning

301 Largo Road, Kent Hall 262

Largo, Maryland 20774

NOTE: Proposals submitted after 10:00 AM on May 3, 2016 will not be accepted, and will

be returned to the vendor.

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Prince George’s Community College RFP #16-11

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;

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Prince George’s Community College RFP #16-11

(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;

(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

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Prince George’s Community College RFP #16-11

(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):

_____________________________________________________________________________

_____________________________________________________________________________

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.

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Prince George’s Community College RFP #16-11

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.

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;

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Prince George’s Community College RFP #16-11

(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;

(4)

(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.

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Prince George’s Community College RFP #16-11

(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

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.

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Prince George’s Community College RFP #16-11

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)

17

Prince George’s Community College RFP #16-11

CONFLICT OF INTEREST INFORMATION

A. Each solicitation that will result in the selection of a Contractor who will assist a unit in the

formation, evaluation, selection, award, or execution of a State contract shall provide notice of

the requirement of this regulation.

B. "Conflict of interest" means that, because of other activities or relationships with other

persons, a person is unable or potentially unable to render impartial assistance or advice to the

State, or the person's objectivity in performing the contract work is or might be otherwise

impaired, or a person has an unfair competitive advantage.

C. "Person" has the meaning stated in COMAR 21.01.02.01B (64) and includes a bidder, offeror,

Contractor, consultant or subcontractor or sub consultant at any tier, and also includes an

employee or agent of any of them if the employee or agent has or will have the authority to

control or supervise all or a portion of the work for which a bid or offer is made.

D. If the Procurement Officer makes a determination prior to award that facts or circumstances

exist giving rise or which could in the future give rise to a conflict in interest, the procurement

officer may reject a bid or offer under COMAR 21.06.02.03B.

E. After award the State may terminate the contract, in whole or in part, if it deems such

termination necessary to avoid an actual or potential conflict of interest. If the Contractor knew

or reasonably could have been expected to know of an actual or potential conflict of interest prior

to or after award and did not disclose it or misrepresented relevant information to the

Procurement Officer, the State may terminate the contract for default, institute proceedings to

debar the Contractor from further State contracts, or pursue such other remedies as may be

permitted by law or the contract.

F. A conflict of interest may be waived if the Procurement Officer, with approval of the agency

head or designee, determines that waiver is in the best interest of the State. The determination

shall state the reasons for the waiver and any controls that avoid, mitigate, or neutralize the

conflict of interest.

G. Each bidder or offeror responding to a solicitation that will result in the selection of a

Contractor who will assist a unit in the formation, evaluation, selection, award, or execution of

another State contract shall provide the affidavit and disclosures set forth in Subsection H of this

regulation to the Procurement Officer with the bid or offer and such other times as may be

required by the Procurement Officer.

H. The affidavits and disclosures required by Subsection G of this regulation shall be in

substantially the same form as follows:

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Prince George’s Community College RFP #16-11

CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

A. "Conflict of interest" means that because of other activities or relationships with other

persons, a person is unable or potentially unable to render impartial assistance or advice to the

State, or the person's objectivity in performing the contract work is or might be otherwise

impaired, or a person has an unfair competitive advantage.

B. "Person" has the meaning stated in COMAR 21.01.02.01B (64) and includes a bidder, offeror,

Contractor, consultant, or subcontractor or sub consultant at any tier, and also includes an

employee or agent of any of them if the employee or agent has or will have the authority to

control or supervise all or a portion of the work for which a bid or offer is made.

C. The bidder or offeror warrants that, except as disclosed in D below, there are no relevant facts

or circumstances now giving rise or which could, in the future, give rise to a conflict of interest.

D. The following facts or circumstances give rise or could in the future give rise to a conflict of

interest (explains in detail--attach sheets if necessary):

_________________________________________________________________

________________________________________________________________

______________________________________________________________

_________________________________________________________________

_________________________________________________________________

E. The bidder or offeror agrees that if an actual or potential conflict of interest arises after the

date of this affidavit, the bidder or offeror will immediately make a full disclosure in writing to

the Procurement Officer of all relevant facts and circumstances. This disclosure shall include a

description of actions which the bidder or offeror has taken and proposes to take to avoid,

mitigate, or neutralize the actual or potential conflict of interest. If the contract has been awarded

and performance of the contract has begun, the Contractor shall continue performance until

notified by the Procurement Officer of any contrary action to be taken.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY

THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST

OF MY KNOWLEDGE, INFORMATION AND BELIEF.

Date: ______________ By: ______________________________________

(Signature of Authorized Representative and Affiant)

Printed Name: ______________________________________

Title: ______________________________________

Federal Employer Identification Number (FEIN): ______________________________

19

Prince George’s Community College RFP #16-11

PRINCE GEORGE’S COMMUNITY COLLEGE

RFP #16-11

PERFORMANCE AGREEMENT

If the vendor fails to complete the contract by the time specified, or within the time to which

completion may have been extended, the vendor shall pay to the College the sum of $50.00, as

liquidated damages, for each calendar day of delay in delivery. Said liquidated damages shall be

deducted from invoices rendered. If the vendor finds it impossible for reasons beyond his

control to complete the requirements of the contract by the date specified, or as extended, in

accordance with this provision, he may, at any time prior to the expiration of the contract time as

extended, make a written request to the Procurement Office for an extension of time setting forth

therein the reasons which he believes will justify the granting of his request. The vendor’s plea

that insufficient time as specified is not a valid reason for extension of time. If the Procurement

Office finds that the work was delayed because of conditions beyond the control and without the

fault of the vendor, she may extend the time for completion in such amount as the conditions

justify. The extended time for completion shall then be in full force and affect the same as

though it were original time for completion.

_________________________________________

PRINT NAME

_________________________________________

SIGNATURE

_________________________________________

TITLE

_________________________________________

FIRM

_________________________________________

PHONE NUMBER

_________________________________________

FAX NUMBER

_________________________________________

EMAIL

20

Prince George’s Community College RFP #16-11

REFERENCES

EACH VENDOR IS REQUIRED TO LIST THREE (3) RECENT CUSTOMERS OF

SIMILAR REQUIREMENTS. FAILURE TO SUBMIT REFERENCES WILL DEEM

BID NON-RESPONSIVE.

1. Company Name: _____________________________________

Address: _____________________________________

_____________________________________

Contact Person 1: ___________________ Phone Number: ___________________

E-mail: _____________________________________________________

2. Company Name: _____________________________________

Address: _____________________________________

_____________________________________

Contact Person 1: ___________________ Phone Number: ___________________

E-mail: _____________________________________________________

3. Company Name: _____________________________________

Address: _____________________________________

_____________________________________

Contact Person 1: ___________________ Phone Number: ___________________

E-mail: _____________________________________________________