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Tu 2016 Security Guard Services Bid Package (Towson University)

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Multi-Step Bid (MSB)
Procurement
towson.edu/procurement
SECURITY GUARD SERVICES
PROJECT NO. TU-2016
Prospective bidders/offerors who obtained this document from the university’s website, e-Maryland Marketplace,
or any source other than the procurement officer, should provide their names and email addresses to the issuing
office by contacting (410) 704-2171, to ensure receipt of addenda and other communications regarding the
solicitation.
ISSUING OFFICE
Procurement Department
8000 York Road
Towson, MD 21252-0001
NOTE: If you plan to hand deliver your bid/proposal or use an overnight courier, deliver the bid to the
Procurement Office Location to ensure timely delivery:
PROCUREMENT OFFICE LOCATION
Administration Building
7720 York Road, 4
th
Floor
Towson, MD 21204
CAMPUS LOCATION: Directions to the university and a campus map can be found at the following link:
http://www.towson.edu/maps/index.html
PARKING INFORMATION: Free 20-min. Parking meters are available near the 1
st
-floor building entrance. Please
visit the following link for more information: http://www.towson.edu/parking/visitors/index.html
MINORITY BUSINESSES ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION
towson.edu/procurement
KEY INFORMATION SUMMARY SHEET
SECURITY GUARD SERVICES
PROJECT NO. TU-2016
MSB ISSUE DATE:
8/23/19
MSB ISSUING OFFICE:
Towson University Procurement Office
PROCUREMENT OFFICER REPRESENTATIVE:
Jeffery Miller
Phone: 410-704-2048
Fax: 410-704-8233
Email: jefferymiller@towson.edu
PROCUREMENT OFFICE LOCATION:
Towson University
Procurement Department
Administration Building, 4
th
Floor
7720 York Road
Towson, MD 21204
PRE-BID/PROPOSAL CONFERENCE:
8/29/19 – 10:00 AM
Administration Building, Room 408
DEADLINE FOR QUESTIONS:
9/6/19 – 4:30 PM
BIDS DUE (Technical Submission Only):
9/19/19 – 2:00 PM
ORAL PRESENTATIONS:
TBD
CONTRACT TERM:
The base period of this contract will be January 1,
2020 through December 31,2021, with the University
reserving the right to exercise at its sole option three
(3), one-(1) year renewals.
The University is committed to ensuring that persons with disabilities have equally effective opportunities to
participate in and benefit from the University's programs and services. Persons who may require reasonable
ADA accommodations should contact the Issuing Office at 410-704-2171 at least five (5) days prior to any
meeting scheduled in connection with this solicitation.
towson.edu/procurement
NOTICE TO BIDDER/OFFERORS
To help improve the quality of bid and proposal solicitations and to make our procurement process more
responsive and "business friendly," we ask that you provide comments and suggestions regarding the enclosed
solicitation. Please return your comments with your bid, proposal or "no bid," response, as the case may be.
Thank you for your assistance.
Project No.: TU-2016 ProjectTitle: Security Guard Services
If you have responded with a “no bid” please indicate the reasons below (check applicable boxes):
Other commitments preclude our participation at this time.
The subject of the solicitation is not something we normally provide.
We are inexperienced in the work/commodities required.
The specifications are either unclear or too restrictive (explain below).
The scope of work is beyond our current capacity.
Doing business with Maryland Government Agencies is simply too complicated (explain below).
We cannot be competitive (explain below).
Time allotted for completion of the bid/proposal response is insufficient.
Start-up time is insufficient.
Bonding/insurance requirements are prohibitive (explain below).
MBE requirements (explain below).
Bid/Proposal requirements (other than specifications or scope) are unreasonable or too risky (explain
below)
Prior experience with Towson University contracts were not profitable or otherwise unsatisfactory
(explain below).
Payment schedule too slow.
Other:_______________________________________________________________________________
Explanation:_______________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
If you have submitted a bid or proposal, but wish to offer suggestions or express concerns, please use the
remarks section below:
Remarks:_________________________________________________________________________________
_________________________________________________________________________________________
Bidder/Offeror Name: _______________________________________________________________________
Contact Person: ____________________________________________________________________________
Signature: _______________________________________________________ Date:__________________
Address:__________________________________________________________________________________
Email: __________________________________________________________ Phone:________________
Multi-Step Bid (MSB)
Table of Contents
Procurement
TU-2016 – Security Guard Services - towson.edu/procurement
SECTION I. PROCUREMENT OBJECTIVE ............................................................................................................... 1
A. SUMMARY STATEMENT ................................................................................................................................................. 1
B. ISSUING OFFICE AND PROCUREMENT OFFICER .................................................................................................... 1
C. PRE-BID CONFERENCE ................................................................................................................................................... 1
D. QUESTIONS AND INQUIRIES ........................................................................................................................................ 1
E. SITE INVESTIGATION ..................................................................................................................................................... 1
F. INSURANCE ....................................................................................................................................................................... 1
G. BID SECURITY................................................................................................................................................................... 1
H. BID DUE DATE .................................................................................................................................................................. 2
I. DURATION OF BID OFFER ............................................................................................................................................. 2
J. PROCUREMENT METHOD .............................................................................................................................................. 2
K. AWARD ............................................................................................................................................................................... 2
L. MULTIPLE BID OR ALTERNATE BIDS ......................................................................................................................... 2
M. MINORITY BUSINESS ENTERPRISE UTILIZATION.................................................................................................. 2
SECTION II. GENERAL INFORMATION FOR BIDDERS ........................................................................................ 3
A. PURPOSE ............................................................................................................................................................................ 3
B. REVISIONS TO MSB ......................................................................................................................................................... 3
C. PRE-BID MODIFICATION OR WITHDRAWAL OF OFFERS ...................................................................................... 3
D. CANCELLATION OF SOLICITATION/REJECTION OF ALL BIDS ............................................................................. 3
E. INCURRED EXPENSES .................................................................................................................................................... 3
F. ARREARAGES .................................................................................................................................................................... 3
G. VERIFICATION OF REGISTRATION AND TAX PAYMENT ...................................................................................... 3
H. ECONOMY OF PREPARATION ....................................................................................................................................... 3
I. PUBLIC INFORMATION ACT NOTICE .......................................................................................................................... 3
J. EXECUTION OF BIDS ...................................................................................................................................................... 3
K. DISCREPANCIES, EXPLANATIONS AND CLARIFICATIONS .................................................................................. 4
L. ORDER OF PRECEDENCE ............................................................................................................................................... 4
M. REQUIRED CONTRACT PROVISIONS .......................................................................................................................... 4
N. FALSE STATEMENTS ...................................................................................................................................................... 4
O. PAYMENT TO THE CONTRACTOR ............................................................................................................................... 5
P. VENDOR ELECTRONIC FUNDS TRANSFER REGISTRATION ................................................................................. 5
Q. RECIPROCAL PREFERENCE ........................................................................................................................................... 5
R. NON-VISUAL ACCESS ..................................................................................................................................................... 5
TU-2016 – Security Guard Services - towson.edu/procurement
S. INTERGOVERNMENTAL COOPERATIVE PURCHASING ......................................................................................... 5
T. PARKING ............................................................................................................................................................................ 5
U. SMOKING ........................................................................................................................................................................... 6
SECTION III. EVALUATION PROCEDURE ............................................................................................................... 7
A. EVALUATION COMMITTEE ........................................................................................................................................... 7
B. QUALIFYING BIDS ........................................................................................................................................................... 7
C. PROCESS ............................................................................................................................................................................ 7
D. TECHNICAL EVALUATION ............................................................................................................................................ 7
E. BID/PRICE SUBMITTAL ................................................................................................................................................... 7
F. TECHNICAL EVALUATION CRITERIA ......................................................................................................................... 7
G. DEBRIEFING ...................................................................................................................................................................... 8
SECTION IV. BID SUBMISSION REQUIREMENTS ................................................................................................ 9
A. ORGANIZATION OF TECHNICAL SUBMISSION ........................................................................................................ 9
B. TECHNICAL SUBMITTAL REQUIREMENTS CHECKLIST ........................................................................................ 9
C. EVIDENCE OF BIDDER RESPONSIBILITY ................................................................................................................ 11
D. PRICE SUBMITTAL ......................................................................................................................................................... 11
SECTION V. SPECIFICATIONS................................................................................................................................ 12
A. SCOPE AND OBJECTIVES ............................................................................................................................................. 12
B. FACILITIES....................................................................................................................................................................... 12
C. CONTRACT PERIOD ....................................................................................................................................................... 12
D. DEFINITIONS .................................................................................................................................................................. 12
E. OPERATING SPECIFICATIONS .................................................................................................................................... 15
F. STAFF ASSIGNMENTS AND ABSENCES .................................................................................................................. 15
G. DEDUCTIONS .................................................................................................................................................................. 16
H. SECURITY/BACKGROUND INVESTIGATIONS ......................................................................................................... 16
I. BIDDER’S EMPLOYEE PARKING ................................................................................................................................. 17
J. SECURITY GUARD AND SUPERVISOR DUTIES AND RESPONSIBILITIES ....................................................... 17
K. UNIFORMS AND PERSONAL APPEARANCE ............................................................................................................ 17
L. VEHICLE REQUIREMENTS .......................................................................................................................................... 17
M. COMMUNICATION EQUIPMENT ................................................................................................................................ 18
N. INVOICES/BILLING PROCEDURES ............................................................................................................................. 18
O. ORIENTATION................................................................................................................................................................. 19
EXHIBITS:
EXHIBIT H – Bid Bond
EXHIBIT I – Performance Bond
EXHIBIT K – Addenda Acknowledgment
EXHIBIT L – Key Personnel Form
TU-2016 – Security Guard Services - towson.edu/procurement
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SECTION I. PROCUREMENT OBJECTIVE
A. SUMMARY STATEMENT
To provide Towson University with sixteen (18) internal security guards for the University’s Residence
Facilities and Cook Library, one (1) supervisor and one (1) relief supervisor. All guards are to be
unarmed, trained, uniformed and possess basic first aid training. The bidder must also provide one (1)
clearly marked security vehicle to be utilized on the Towson University campus during duty hours. The
University would like the new contract to take effect in January of 2020.
B. ISSUING OFFICE AND PROCUREMENT OFFICER
The sole point of contact in the State for purposes of this MSB is the Procurement Officer or his/her
representative (hereinafter referred to as Procurement Officer) noted on the Key Information Summary
Sheet. Only the information communicated by the Procurement Officer shall be deemed the official
position of the University; no other State or University employee, official, or representative has authority
to change the requirements of this solicitation. Attempts by Bidder to contact the requester, evaluator, or
otherwise circumvent this procedure in any manner may be grounds for disqualification.
C. PRE-BID CONFERENCE
A pre-bid conference will be held as noted on the Key Information Summary Sheet. Bidders are
encouraged to attend.
The University is committed to ensuring that persons with disabilities have equally effective
opportunities to participate in and benefit from the University's programs and services. Persons who
may require reasonable ADA accommodations should contact the Issuing Office at (410) 704-2171 at least
five (5) days prior to any meeting scheduled in connection with this solicitation.
D. QUESTIONS AND INQUIRIES
Bidders shall direct all communications regarding this solicitation to the Procurement Officer, in writing
(email preferred), not later than the date indicated on the Key Information Summary Sheet. Addenda, if
required, will be furnished to all potential Bidders known to have received the MSB.
E. SITE INVESTIGATION
By submitting a bid the vendor acknowledges that he has investigated and satisfied himself as to the
conditions affecting the work, including but not restricted to those bearing upon transportation, disposal,
handling and storage of materials, availability of labor, water, and electric power. Any failure by the
contractor to acquaint himself with the available information will not relieve him from responsibility for
estimating properly the cost of successfully performing the work. The University shall not be responsible
for any conclusions or interpretations made by the contractor of the information made available by the
University.
F. INSURANCE
Upon award, the successful bidder shall furnish certificates of insurance as required in the following
exhibit:
Exhibit A - Required Contract Provisions - Section 34, or
The certificate must name Towson University as an additional insured, and shall reference the title and
number of the solicitation/ contract.
G. BID SECURITY
1. Only bidders who are shortlisted during the Technical Evaluation will be required to furnish a
“bid bond” (see Exhibit H). If the total Bid Price is $100,000.00 or more, each shortlisted Bidder
shall furnish with his bid price a "bid bond" issued by a surety company licensed to issue bonds
in the State of Maryland. The bond must be in an amount not less than five percent (5%) of the
total amount of the base bid price and shall be in the form specified with the bid documents.
TU-2016 – Security Guard Services - towson.edu/procurement
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2. Certified checks, cash and other security in that amount are acceptable in lieu of a "bid bond,"
and shall be submitted with the Bid Price and subject to the same conditions as a bond.
3. Should the Bidder to whom the contract is awarded fail or be unable to execute the contract, for
any reason, within ten (10) days after notification of award, then an amount equal to the difference
between the accepted price, and that of the bidder to whom the award subsequently is made
shall be paid to the University as liquidated damages.
4. The Bidder to whom a contract in excess of $100,000.00 is awarded also must furnish a
Performance Bond (See Exhibit I), in the amount of one hundred percent (100%) of the contract
price, including executed Change Orders, in the form specified with the bid documents. These
must be provided at the time of the signing of the contract and prior to the start of any work.
5. Bid Bonds remain in effect a minimum of ninety (90) days from the bid due date.
H. BID DUE DATE
Bids must be received at the Issuing Office by date and time indicated on the Key Information Summary
Sheet. Requests for extensions will not be granted. Late bids, late requests for modification, or late
requests for withdrawal will not be considered. Unless specifically requested, bids submitted by fax or
other electronic devices will be rejected. It is recommended that bids be hand delivered.
I. DURATION OF BID OFFER
Bids submitted are irrevocable for 90 days after the bid due date. This period may be extended by mutual
written agreement between the bidder and the University.
J. PROCUREMENT METHOD
This solicitation shall be conducted in accordance with the provisions of the University System of
Maryland (USM) Procurement Policies and Procedures. The procurement method is Mutli-Step Sealed
Bidding (MSB).
K. AWARD
The University will recommend for award the responsive bid from the responsible bidder submitting the
most favorable evaluated bid price for the requirement(s) herein. If specifically provided for in the
solicitation, the University may make multiple awards, when deemed to be in its best interest. Any notice
of intent to make an award pursuant to this solicitation is final only upon completion of all reference
checks and other due diligence activities and, if required, further approval by the appropriate office(s) of
the University System of Maryland and the State, and execution on behalf of the University.
L. MULTIPLE BID OR ALTERNATE BIDS
Unless multiple or alternate bids are specifically requested in the solicitation, they will not be accepted.
M. MINORITY BUSINESS ENTERPRISE UTILIZATION
Minority businesses are encouraged to respond.
END OF SECTION I.
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SECTION II. GENERAL INFORMATION FOR BIDDERS
A. PURPOSE
The overall purpose of this solicitation is to provide information to vendors interested in preparing and
submitting bids to meet the requirements herein. Bidders shall familiarize themselves with each section
and subsection of this document.
B. REVISIONS TO MSB
1. The University reserves the right to amend this solicitation at any time prior to the bid due date.
If it becomes necessary to amend any part of this solicitation, the procurement officer will furnish
addenda to all prospective bidders known to have received a copy of this MSB.
2. Each bidder shall acknowledge the receipt of all addenda issued by completing Exhibit K,
Addendum Acknowledgment Form, and enclosing it with the bid.
C. PRE-BID MODIFICATION OR WITHDRAWAL OF OFFERS
Bids may be modified or withdrawn by written notice received at the Issuing Office before the bid opening
date and time.
D. CANCELLATION OF SOLICITATION/REJECTION OF ALL BIDS
The University reserves the right to cancel this MSB, to accept or reject any or all bids, in whole or in
part, received in response to this MSB, and to waive or permit cure of minor irregularities as its best
interests may require.
E. INCURRED EXPENSES
The University assumes no responsibility for expenses incurred in preparing and submitting bids in
response to this solicitation.
F. ARREARAGES
By submitting a response to this solicitation, a bidder represents that it is not in arrears in the payment
of any obligation due and owing the State of Maryland, including the payment of taxes and employee
benefits, and that it shall not become so in arrears during the term of the contract if selected for contract
award.
G. VERIFICATION OF REGISTRATION AND TAX PAYMENT
Each prospective bidder is encouraged to ensure that it is appropriately registered to do business in the
State of Maryland, and in good standing with respect to taxes, personal property returns, unemployment
insurance, etc., before the bid opening date. Failure to complete registration with the State Department
of Assessments and Taxation (SDAT) may disqualify an otherwise successful bidder from
recommendation for contract award.
H. ECONOMY OF PREPARATION
Bids should be prepared simply and economically, providing a straight-forward, concise description of
the bidder's ability to fulfill the requirements of this solicitation.
I. PUBLIC INFORMATION ACT NOTICE
Bidder shall give specific attention to identification of those portions of its bid considered confidential, or
containing proprietary information or trade secrets. Upon request, bidder shall provide justification why
such material should not be disclosed by the University under the Public Information Act, General
Provisions Article, §§ 4-401 et seq., Annotated Code of Maryland.
J. EXECUTION OF BIDS
Bids shall be typewritten or written legibly in ink, and signed in ink as follows, depending on the bidder’s
form of business organization:
1. Sole Proprietorship. Proprietor shall sign full name, with address.
TU-2016 – Security Guard Services - towson.edu/procurement
Page | 4
2. Partnership and Joint Venture. Submit the bid/price proposal form in the name of the partnership
or joint venture. Clearly state the partnership name and the identity of each general partner, and
execute all affidavits and certificates on behalf of the partnership, or on behalf of each general
partner. No provision of any agreement among partners will be binding on the University unless
it is disclosed in the Bidder’s proposal. Reasonable evidence satisfactory to the University of the
authority of one partner to bind other purported partners is required. Include a copy of the
partnership agreement, if one exists. If no partnership agreement exists, and if the number of
general partners is reasonably small, each general partner should execute all required
documents. At the University’s option, all general partners may be required to sign. Failure to
present the University with satisfactory information concerning a purported partnership or joint
venture may be grounds for bid rejection.
3. Corporation. An officer or authorized agent of the corporation shall sign with full name, indicate
title, and include the name and address of the corporation. In the case of an authorized agent,
enclose a letter from an officer of the corporation authorizing said individual to act on behalf of
the corporation.
K. DISCREPANCIES, EXPLANATIONS AND CLARIFICATIONS
Bidders finding discrepancies in the specifications or other provisions included in this solicitation, or in
doubt as to the meaning or intent of any section or subsection herein, shall request clarification from the
Procurement Officer. Failure to request clarification prior to the due date shall be a waiver of any claim
by the Bidder for expenses made necessary by reason of later interpretation of the contract documents,
and Bidder shall be bound to the University’s interpretation. Request clarifications in accordance with
the instructions above.
L. ORDER OF PRECEDENCE
The contract to be entered into as a result of the MSB (the "Contract") will consist of the following contract
documents listed in their order of precedence:
1. The contract executed by the parties and/or Purchase Order issued by the University;
2. the solicitation, including Exhibit A - Required Contract Provisions, and all other Exhibits; and
3. the bid as submitted by bidder and accepted by the University.
No modifications to this order of precedence will be accepted.
M. REQUIRED CONTRACT PROVISIONS
Bids submitted, and contract(s) executed with the successful bidder, are subject to Exhibit A.
By submitting a bid, the vendor is deemed to have accepted the terms of this MSB, including exhibits; a
bid that takes exception to the terms of the MSB may be rejected. Mutually agreeable modifications of
the solicitation provisions, if allowed by law, will be documented by express identification in the final
contract as superseding the pertinent provisions of the solicitation.
N. FALSE STATEMENTS
Bidders are advised that the Annotated Code of Maryland provides that in connection with a procurement
contract, a person may not willfully: Falsify, conceal or suppress a material fact by any scheme or device;
make a false or fraudulent statement or representation of a material fact; use a false writing or document
that contains a false or fraudulent statement or entry of a material fact; or aid or conspire with another
person to commit any of the aforementioned acts. A person who violates these provisions is guilty of a
felony, and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five
(5) years, or both.
TU-2016 – Security Guard Services - towson.edu/procurement
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O. PAYMENT TO THE CONTRACTOR
Payment is governed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated
Code of Maryland. The State of Maryland is exempt from Maryland Retail Sales tax and Federal Excise
Tax.
P. VENDOR ELECTRONIC FUNDS TRANSFER REGISTRATION
Contractors of the State are required to complete a COT/GAD Form X-10, Vendor Electronic Funds
Transfer (EFT) Registration Request Form, for each new contract with a value greater than
$200,000. Vendors must register for EFT by submitting a completed COT/GAD Form X-10 to the
Comptroller’s General Accounting Division (GAD) or request an exemption from GAD. The revised form
is on the Comptroller’s Web site at
http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Electronic_Funds_Tra
nsfer/
Q. RECIPROCAL PREFERENCE
While Maryland law does not authorize state agencies to favor resident bidders, other states grant
preferences to their residents over Maryland businesses. Therefore, a resident business preference may
be given to a Maryland firm if: A responsible bidder whose headquarters, principal base of operations, or
principal site that will provide the services required by this MSB is located in another state submits the
most advantageous offer; the other state gives a preference to its residents through law, policy, or practice;
and the preference does not conflict with a Federal law or grant affecting the contract. The preference
given shall be identical to the preference that the other state gives to its residents.
R. NON-VISUAL ACCESS
The Contractor shall ensure compliance in any applicable contract with State of Maryland IT Non-Visual
Access Standards. The standards should be incorporated to the fullest extent possible for information
technology contracts. These standards/ policies may be revised from time to time and the Contractor
shall comply with all such revisions. The Non-visual Access Clause noted in COMAR 21.05.08.05 and
referenced in the MSB is the basis for the standards that have been incorporated in the Maryland
regulations.
S. INTERGOVERNMENTAL COOPERATIVE PURCHASING
The University reserves the right to extend the terms, conditions, and prices of the contract awarded
pursuant to this solicitation to other institutions of the University System of Maryland, and to other state
educational institutions (e.g., St. Mary’s College, Morgan State University, and Baltimore City Community
College) and public agencies with similar requirements. Each such entity will issue its own purchasing
documents; Towson University assumes no contractual obligations on behalf of other users of its
contracts.
T. PARKING
All vehicles parked on Towson University property must strictly observe University parking regulations.
Each vehicle parked on campus between 6 am and 8 pm, Monday through Thursday, and from 6 am to
3 pm on Fridays, must display a valid University permit unless parked at a paid meter. Parking on
sidewalks or unpaved areas is prohibited at all times. All fines for parking or other vehicle violations are
the responsibility of the Contractor. This applies to vendors, salespersons, company vehicles, and
Contractor employees’ personal vehicles. Long- and short-term permits are available, at designated rates,
for vendors with contracts that require them to park regularly on the campus; see the parking website at
http://www.towson.edu/parking/visitors/index.html for permit rates and information to support
preparation of Bid/Price Proposal. Parking Transportation phone: (410) 704-7275. NOTE: Include
parking fees in Bid-/Price Proposal.
TU-2016 – Security Guard Services - towson.edu/procurement
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U. SMOKING
Smoking, defined as the burning of tobacco or any other material in any type of smoking equipment,
including but not restricted to cigarettes, cigars or pipes, is prohibited on all property owned, leased or
operated by the University. This consists of all buildings, including residence halls, leased restaurants
and lodging facilities; all grounds, including exterior open spaces, parking lots and garages, on-campus
sidewalks, streets, driveways, stadiums, recreational spaces and practice facilities; and in all University-
owned or leased vehicles. The policy applies to all individuals on the University campus, including
faculty, staff, students, parents, vendors and visitors. Contractor and its employees and subcontractors
who violate the policy may be denied access to the University campus.
END OF SECTION II.
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SECTION III. EVALUATION PROCEDURE
A. EVALUATION COMMITTEE
All technical bids received by the closing deadline will be evaluated by a committee appointed by the
Procurement Officer. The committee may request additional technical assistance from any source within
the University System of Maryland, state government, or other sources deemed appropriate. Technical
and price bids will be evaluated independently.
B. QUALIFYING BIDS
Bids shall be initially reviewed for compliance with the solicitation requirements. Failure to comply with
solicitation requirements may result in a bid being classified as not reasonably susceptible of being
selected for award. Minor irregularities in bids that are immaterial or inconsequential in nature may be
cured or waived whenever it is determined to be in the University's best interest.
C. PROCESS
The multi-step process will include a Technical submittal and a Price submittal. Technical submittals
will be submitted and evaluated first. Bidders who receive an acceptable evaluation during the Technical
evaluation will then be asked to submit their Price submittal.
D. TECHNICAL EVALUATION
1. After determining compliance with the MSB’s minimum requirements, the evaluation committee
will assess the technical merit of each bid in accordance with the criteria below.
2. At the discretion of the Procurement Officer following recommendation by the evaluation
committee, a shortlist of qualified bids may be established during/after the technical evaluation.
Only shortlisted qualified bidders would continue in the evaluation process; unqualified bidders
not short-listed shall be so advised.
E. BID/PRICE SUBMITTAL
1. Bid Prices will be evaluated separately from Technical Bids. Do not submit price information in
the technical submission.
2. A Bid/Price submittal will only be required from bidders who are shortlisted during the Technical
Evaluation. Shortlisted firms will be notified in writing and given final instructions for completing
their Bid/Price Submittal. Qualified Bidders will be contacted via addendum announcing the date,
time, and location for the Public Bid Opening. Qualified Bidders must take into account any
mandated changes to the Maryland Minimum Wage Law when formulating pricing.
3. The University will recommend for award the Qualified Bidder submitting the most favorable
evaluated bid price for the requirement(s) herein.
F. TECHNICAL EVALUATION CRITERIA
The technical evaluation criteria are listed below in descending order of importance:
1. Extent to which the bid meets the MSB objectives,
2. Experiences and references,
3. Staff quality and hiring procedures,
4. Size of company, depth of talent and ability to cover shortages,
5. Quality of training (Training and Staff Development) and certifications of personnel,
6. Implementation plan,
7. Employee salaries, benefit plan and programs to minimize employee turnover,
8. General management responsibilities,
9. Audit procedures and payroll,
10. Key security plan, and
11. Overall quality of proposal relative to the adherence to the instructions and requested format.
TU-2016 – Security Guard Services - towson.edu/procurement
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G. DEBRIEFING
Unsuccessful bidders may request debriefing by written request to the Procurement Officer. Debriefings
shall be limited to discussion of each unsuccessful bidder's bid.
END OF SECTION III.
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SECTION IV. BID SUBMISSION REQUIREMENTS
A. ORGANIZATION OF TECHNICAL SUBMISSION
1. Technical submittals must be submitted to the campus location of the Issuing Office not later than
the date and time indicated on the Key Information Summary Sheet.
2. Submit one (1) clearly marked original and four (4) copies of each bid, in a sealed envelope.
Indicate on the outside of the envelope the solicitation/ project number, bid due date, and bidder’s
name and address.
3. If technical data, product literature, or brochures are needed to supplement the bid, enclose those
materials after the last required form.
4. Bids that are incomplete or that deviate from the format required in this section may be rejected.
B. TECHNICAL SUBMITTAL REQUIREMENTS CHECKLIST
Each bid must include the following:
1. General Requirements
a. Exhibit B, BID/PROPOSAL AFFIDAVIT, typewritten or completed in ink and executed
in accordance with the requirements in Section II.
b. Exhibit F, COMPANY PROFILE
c. Exhibit G, FIRM EXPERIENCE, duplicate as necessary to furnish references for no less
than three (3) comparable projects completed within the past five (5) years, or currently
underway.
d. Exhibit H, BID BOND
e. Exhibit K, ADDENDA ACKNOWLEDGMENT FORM. Should one or more addenda be
issued, each bidder must acknowledge receipt using this form, identifying each
addendum by number and date, and signing the document.
f. Exhibit L, KEY PERSONNEL FORM. Provide the names of key personnel to be assigned
to this project, if awarded, and a brief resume on each, including educational background,
work experience with bidder, previous work experience with other firms, and specific
experience similar to the current project.
2. Special Requirements
a. Experience and References
The proposal must include details of the overall company philosophy and experiences
with current and past accounts in administering a successful internal and external
security guard service.
References
The bidder must submit a list of at least three (3) current clients for whom the bidder has
provided internal and external security guard service within the last five (5) years.
Additional consideration will be given if references are of similar size, scope and
complexity, i.e., local, state or federal agencies, Universities, or residential facilities. Size,
scope and complexity will be interpreted to refer to the number of buildings, number of
guards and type of operation on a seven (7) day-a-week operation basis. Include a
description of the account, with client name and address, number of buildings, number
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of guards and the type of operation (both internal and external) along with the name, title
and phone number of a contact person(s).
b. Size of company and ability to cover shortages
The bidder must submit an organizational chart and explain the ability of the company
to staff absenteeism, annual leave, sick time, and turnover. Provide a summary/
explanation of the current turnover rate for security guards and supervisors. Describe
plans designed to maintain sufficient staff levels and cover turnover. Explain how your
company will provide coverage during snow events and other emergency situations.
c. Staff quality and hiring procedures
The bidder must provide Towson University with an explanation of their certification
process along with documentation of all security officers possessing State of Maryland
certifications from the Maryland State Police as security officers or police officers in the
State of Maryland. Include background investigation documentation and clearance
documents from the Maryland State Police.
Describe in detail the nature of the background investigation conducted internally on
each candidate to ensure the person is of good moral character. The bidder must also
describe what actions/precautions will be taken for applicants who live out of state, have
recently moved to Maryland or have spent extended periods of time out of state.
Towson University is seeking an explanation of the bidder’s certification process,
background investigations and precautionary undertakings. The University is not
requiring bidder’s to provide documentation for every employed officer.
d. Quality of Training (Training and Staff Development and Certification of Personnel)
The bidder must submit a copy of the company’s entry-level training programs (with
timetables), policies and in-service or supplemental training required by company policy.
Include any company-mandated training including, but not limited to the following:
CPR
first aid
crowd control
conflict resolution
Detail any on-going training and staff development program including actual hours
required to properly implement this program. Include semi- annual and annual training
the company will provide each employee above and beyond the initial training provided
by the Towson University Police Department. All company provided training expenses
are to be borne by the bidder.
e. Implementation Plan
The bidder must submit a detailed implementation plan that identifies all steps with
applicable dates and associated expenses required for the successful start-up of the
Towson University account. This will include expenses such as the vehicle expense,
uniform costs, employee identification photographs, etc. These expenses are considered
part of “the cost of doing business” and will be borne by the successful contractor.
f. Employee salaries, benefits plan and programs to minimize employee turnover
The bidder must outline in concise terms all employee benefits and/or programs that it
will implement to attract and retain qualified guards. The bidder must outline what is
being offered, to whom it is being offered and at what time or level of performance it is
to be offered. Explain specified incentive programs and how they relate to the company’s
retention program.
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Bidders are not required to submit the actual wages paid to their officers. Although this
Multi-Step Bid is not subject to Maryland Living Wage, it is the expectation of Towson
University that all bidders are paying a competitive wage that will allow for the
retention of security officers. Bidders must take into account any mandated changes to
the Maryland Minimum Wage Law.
g. General Management Responsibilities
The bidder must explain their overall commitment to a successful security guard program
at Towson University. Include supervisory plan and methods of monitoring the
performance of the guard service as well as your intent to interface with the University’s
Police Department.
h. Audit Procedures and Payroll
The bidder is required to provide a detailed description of their payroll procedures and
provide an appropriate audit trail process. This audit trail process must enable the
University to track and validate actual hours worked, associated payroll expenses for
each employee and the amount invoiced weekly for each employee. The University’s
involvement with the appropriate financial accounting and reporting process is
mandatory.
i. Overtime
The bidder must include a statement accepting terms that prohibit charging Towson
University for overtime incurred due to shift shortages or any cause other than a specific
expressed request by the University for staffing beyond the specified daily time period.
Further, this statement must include acknowledgement by the bidder that no overtime is
to be paid by Towson University for Holidays.
j. Key Security Plan
The bidder will outline their operational procedures for internal key control and key
assignment. Include a written policy statement addressing the responsibilities of guards
and supervisors relating to key assignments. (Lost keys are to be reported at the end of
each shift to the Police Communications Center in the General Services Building. The
bidder will be responsible for any costs incurred due to loss of keys. (See Section V.,E.,4).
C. EVIDENCE OF BIDDER RESPONSIBILITY
The University may require any bidder to furnish additional information regarding past performance,
financial capacity, technical expertise, or other qualifications bearing on performance of the contract,
and reserves the right to consider any information otherwise available, or to make such additional
investigations as it deems necessary to confirm the responsibility of any bidder.
The Procurement Officer shall make purchases from, and award contracts, only to responsible
contractors. In the absence of information clearly indicating that the prospective contractor is
responsible, the Procurement Officer shall make a determination of non-responsibility.
D. PRICE SUBMITTAL
A Bid/Price submittal will only be required from bidders who are shortlisted during the Technical
Evaluation. Shortlisted firms will be notified in writing and given final instructions for completing their
Bid/Price Proposal.
END OF SECTION IV.
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SECTION V. SPECIFICATIONS
A. SCOPE AND OBJECTIVES
1. To provide Towson University with eighteen (18) internal security guards for the University’s
Residence Facilities, to be determined by the Towson University Police Department, one (1)
supervisor and one (1) relief supervisor. The bidder must also provide one (1) clearly marked
security vehicle to be utilized on the Towson University campus during duty hours. All guards
are to be unarmed, trained, uniformed and possess basic first aid training. There will be a
reduction in the number of security guards required during spring break, winter break,
minimester, holiday periods, and summer break. Guard services are typically not required for
the Cook Library during minimester and summer break. The University academic calendar is
available at
https://www.towson.edu/registrar/calendars/?utm_source=peoplesoft_ep&utm_medium=mytup
ortal
OBJECTIVES
1. Provide a safe and secure environment for our students.
2. Obtain highly qualified, well-trained security guards to supplement our public safety efforts.
3. Engage a firm with the experience, resources, manpower, technology and administrative
capability to provide the best possible service to the University.
B. FACILITIES
Residential Facilities
Non-Residential Facility
Barton & Douglass Houses
Cook Library
Glen Complex (A, B, C & D Buildings)
Richmond & Newell Halls
Prettyman & Scarborough Halls
Residence Tower
Towson Run Apartments
Carroll, Marshall & Millennium Halls
The Residences at 10 West Burke Ave
Paca & Tubman Houses
The residential facilities listed above are located on the University's 329-acre suburban campus. A
campus map showing the location of each facility is available on the following website:
https://www.towson.edu/maps/
C. CONTRACT PERIOD
The base period of this contract will be January 1, 2020 through December 31, 2021, with the University
reserving the right to exercise at its sole option three (3), one (1)-year renewals.
D. DEFINITIONS
1. Assistant Vice President, Office of Public Safety and Chief of Police
University representative responsible for the daily operation of the campus police department.
Responsibilities include all matters pertaining to security for the campus including the security
guard contract, and responsibility for the direction of the security guard contract at Towson
University
2. Operations Support Bureau Commander
University representative responsible for the administration, execution and day- to-day
management in the method, amount, or manner of performance of work and will inform the
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Contract Services Office when the performance of duty under the terms of the security guard
contract is unsatisfactory. The Operations Support Bureau Commander is directly responsible to
the Chief of Police.
3. ATSD Commander
The Administrative Technical Service Division Commander is responsible for the verification of
hours billed by the bidder for security services and coordination with the Contract Services Office
concerning fiscal matters related to the guard service contract.
4. Police Officers
Sworn members of the department responsible for patrolling the Towson University campus and
facilities and enforcing the laws of the State of Maryland.
5. Police Aides
Non-sworn members of the Towson University Police Department who conduct visible
uniformed patrols of the campus and facilities.
6. Police Communications Center
This center is located in the General Services Building located on Towsontown Boulevard and
houses the radio and telephone communication functions of the Towson University Police
Department.
7. Communications Center Supervisor
Sworn member of the Towson University Police Department responsible for the direct
supervision and management of the Police Communications Center.
8. Police Communication Operators
Non-sworn members of the Towson University Police Department responsible for conducting and
maintaining various methods of emergency and non-emergency communication on behalf of the
department.
9. Police Shift Commander
Sworn member of the Towson University Police Department responsible for supervision of police
aides and police officers assigned to a shift, squad or unit.
10. AVP, Housing and Residence Life, and Director Residence Life, and Assistant Directors,
Residence Life
University representatives responsible for managing Towson University housing facilities and
services and all residence life functions dealing with student issues and concerns. Supervises all
residence life staff and oversees all programs and services to meet student needs.
11. Residence Life Staff
The Residence Life staff positions are the staff responsible for the day-to-day management of the
buildings, provide programs and services to meet students’ needs and regularly meet students to
discuss individual issues.
12. Community Center Assistants
Community Center workers work at the front desk of each residence building and provide
services to students, check ID’s, and register guests when security guards are not present.
13. Resident Assistants (RAs)
These individuals are responsible for floors within the resident buildings and provide programs
and assist students and work evening hours at the front desk.
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14. Residence Life Coordinators (RLCs)
These individuals manage the resident buildings and supervise the RAs and Community Center
Workers as well as meet with students.
15. Contract Services Manager and Contract Financial Analyst
Representatives responsible for assisting the Operations Support Bureau Commander in the
administration and payment of invoices pertaining to the security guard contract. It is the
responsibility of the Contract Services Manager to keep the University Procurement Officer
abreast of all significant activities pertaining to the security guard contract.
16. Security Guard Supervisor and Relief Supervisor
The bidder shall employ a full-time supervisor exclusively dedicated to Towson University and a
relief supervisor who may or may not be exclusively dedicated to Towson University. They will
be responsible for the nightly performance of guard service to the University housing facilities
and the roving security patrols on Thursday, Friday and Saturday nights. The full-time supervisor
and alternate are responsible for the supervision and overall assignment of the security guards
while at Towson University. This position must be filled seven (7) days a week with actual times
subject to the schedule of the University to include, but not be limited to, some holidays and
periods during semester breaks. Hours must remain flexible to allow for the performance of all
duties. The Security Guard Supervisor and Relief Supervisor will not be permitted to work on the
grounds of Towson University unless he/she is currently certified as a security officer in the State
of Maryland. The supervisor’s and relief supervisor’s security clearances must be complete, not
in the process of being completed, and must receive prior approval from the Operations Support
Bureau Commander prior to beginning work at Towson University. The primary Security Guard
Supervisor is required to meet weekly with the Operations Support Bureau Commander or his
designee. The following is a list of primary duties of the Security Guard Supervisor or Relief
Supervisor, but are not all-inclusive:
a. Conduct roll call for oncoming security officers relaying special conditions, changes in
directives, post responsibilities, etc.
b. Assign personnel to posts.
c. Disseminate and collect equipment on a daily basis and maintain records for
accountability of personnel utilizing the equipment.
d. Conduct random checks of the security officer’s performance and operational readiness
throughout the shift.
e. Ensure that existing policy and procedures are being followed by security officers.
f. Interact with police supervisor and officers concerning ongoing conditions during the
shift as well as any unusual instances requiring police intervention or assistance.
g. Respond as needed to security officers and police personnel requests for information
and/or assistance.
h. Provide relief to post security officers as needed for personal needs such as bathroom
breaks, etc.
i. Conduct debriefing of security officers at the end of shift to include collection of
equipment, post related paperwork, and discuss any unusual instances or circumstances
that warrant further action or further notification.
j. Review paperwork submitted by security officers to ensure thoroughness and accuracy.
k. Review, verify and approve reported time on-duty and off-duty for security officers.
17. Security Logs/Daily Security Operations Reports/Incident Reports/Guest Registration Passes
All forms utilized in this contract will be supplied by and remain the property of Towson
University Police Department. The bidder may not copy, duplicate or reproduce completed forms
containing student or guest information. All forms are official Police Department forms and will
be completed accurately and neatly. No arbitrary writings, drawings, etc., will be made on
departmental forms, as they may be required for documentation purposes in court.
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E. OPERATING SPECIFICATIONS
1. The bidder will provide eighteen (18) qualified, trained unarmed internal security guards for each
of the eighteen residence facilities listed above. Duty hours will be 10:45 p.m. to 6:45 a.m.,
Monday through Sunday (7 days a week).
2. The bidder will provide one (1) trained, qualified, unarmed roving security guard to patrol areas
designated at and around Cook Library. Duty hours will be varied, consisting primarily of evening
hours during the semesters. Additional hours may be required during exam periods and other
periods of increased activity.
3. The bidder will provide one (1) trained, qualified, unarmed supervisor. The supervisor will be
responsible for the supervision of all internal and external security guards. One marked vehicle
with a rotating or flashing amber light must be provided for use by the supervisor. Duty hours
will be 10:30 p.m. to 7:30 a.m., Monday through Sunday (7 days a week) which is a nine (9) hour
day. The bidder’s vehicle may be parked on the General Services Parking Lot.
4. The University will provide an office on campus for the Security Guard Supervisor where security
guards will sign in, pick up their assigned University communications equipment and building
keys prior to the start of their shift. Building keys, radios and logbooks will be picked up and
secured after each shift in this office. The Supervisor’s keys will be returned to the University
Police at the end of each shift and retrieved the next day from the same location. Building keys
will be picked up and secured after each shift in the Contract Services Office. Failure to report
lost keys to the Operations Support Bureau Commander or his designee at the end of the shift on
which it was lost will result in liquidated damages of $50 per day plus the cost to re-key and/or
re-core the affected building.
5. Table stations will be designated in Residence Facility lobbies for Community Center desk.
6. The bidder will provide the name, date of birth, address, social security number, telephone
number, photo ID and certification status of each regularly assigned guard and supervisor as well
as those who will be in a pool of potential substitutes assigned to Towson University.
7. The bidder is required to have current email capability and will be required to coordinate with
Towson University’s Computing and Networking Service staff to activate their Towson University
email account.
F. STAFF ASSIGNMENTS AND ABSENCES
1. When not engaged in supervision or administrative tasks, the supervisor will be required to
perform high visibility patrols in designated areas under the direction of the University Police
and will be expected to complete established administrative reports or summary data at the end
of each shift.
2. Guards are required to be at their post promptly at 11:00 p.m. until 6:30 a.m. Security guards are
to sign in at 10:45 p.m. at the assigned supervisor’s office and leave their post at 6:30 in order to
sign out by 6:45 a.m. Each guard will call in by radio to the Police Communications Office upon
their arrival and departure from their post. Call in times will be the primary factor used for
calculating any liquidated damages.
3. Failure to report to an assigned post on time will result in liquidated damages. If coverage of a
post must be provided by available University personnel as designated by the Operations Support
Bureau Commander or his designee, then additional liquidated damages will be levied as per
Section G. The additional liquidated damages will be charged at the straight time or overtime
rate of pay of the University employee covering the post, whichever is applicable.
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The security guards are an important part of the public safety operation at Towson University
and are expected to be at their posts during snow events and other emergency situations unless
otherwise instructed by the Operations Support Bureau commander.
4. The bidder is required to have sufficient levels of field supervisors to cover absences.
5. All breaks are the responsibility of the bidder.
G. DEDUCTIONS
Failure to provide internal guard services for the University Residence Facilities, Cook Library and
Supervisor seven (7) days a week in a timely manner will result in liquidated damages of $50 on the half
hour plus the forfeiture of the guard’s or supervisor’s hourly prorated rate on the half hour. For
example, liquidated damages of $50 will be assessed at 11:01 p.m.; another $50 will be added at 11:31
p.m., etc. The residence hall security guards are to be at their assignable posts by 11:00 p.m. It is the
individual guards’ and supervisor’s responsibility to call into the Police Communications Center by 11:00
p.m. stating their name, post and ID number.
H. SECURITY/BACKGROUND INVESTIGATIONS
The bidder’s guards and supervisors will not be permitted to work on the grounds of Towson University
if they have been convicted of any crime (felony or misdemeanor) or serious traffic violations defined as
driving while under the influence, hit and run, manslaughter by auto, reckless driving, driving while
suspended or driving while revoked. The bidder is required to conduct its own internal background
investigation of prospective employees to ensure they are of good moral character and reputation and at
a minimum meet the above requirements. In addition, the bidder is required to certify that all employees
assigned to work on the grounds of the University have successfully passed a drug-screening test and are
physically capable of performing the required work.
No guard will be permitted to work on the grounds of Towson University unless they possess current
certification by the Maryland State Police as a security officer in the State of Maryland or have submitted
application to the Maryland State Police for certification as a security guard in the State of Maryland. If
the Maryland State Police deny certification for any reason, the guard will no longer be permitted to work
on the grounds of the University.
At no time will the bidder allow the percentage of “currently certified” security officers working on
the grounds of Towson University to drop below seventy-five (75%) percent. For example, if 18 guards
are on the grounds of Towson University, at least 14 must be currently certified. This figure does not
include the supervisor.
Exception:
If a security guard or supervisor is currently certified and employed as an active police officer in the State
of Maryland, the security officer certification requirement can be waived. If the waiver is exercised, the
bidder’s employee must sign a waiver giving the Towson University Police Department access to his or
her Internal Affairs record for review prior to being hired.
All security officers will be required to sign a waiver giving the Towson University Police Department the
right to conduct a criminal history check through M.I.L.E.S., N.C.I.C. and the District and Circuit Courts of
Maryland and will submit to being fingerprinted by the Towson University Police Department for
submittal to the Maryland State Police. This is over and above the background check conducted by the
bidder and the Maryland State Police.
The University may request the removal of any of the bidder’s employees without cause.
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I. BIDDER’S EMPLOYEE PARKING
Parking decals will be provided to the bidder’s guards and supervisors by the University at regular vehicle
registration rates. All bidder’s guards and supervisors must display a Towson University parking decal if
a car is to be parked on campus and park in areas designated by the Director of Parking Services.
All vehicles parked on Towson University property must strictly observe University parking regulations.
Each vehicle parked on campus between 6 am and 8 pm, Monday through Thursday, and from 6 am to
3 pm on Fridays, must display a valid University permit unless parked at a paid meter.
This applies to vendors, salespersons, company vehicles, and contractor employees’ personal vehicles.
Long- and short-term permits are available, at designated rates, for vendors with contracts that require
them to park regularly on the campus; see the parking website at
https://www.towson.edu/parking/?utm_source=peoplesoft_ep&utm_medium=mytuportal for permit
rates and information to support preparation of bids and price proposals.
J. SECURITY GUARD AND SUPERVISOR DUTIES AND RESPONSIBILITIES
1. Report to work on time and be in clean uniform at all times, prepared for work.
2. Remain in the assigned areas at all times until relieved.
3. Maintain a professional, courteous demeanor at all times.
4. Protect the property and persons of Towson University.
5. Deny access to anyone not identified as:
a. A Towson University student resident, or
b. Authorized maintenance, police or residence life personnel, or
c. Escorted guests.
Towson University Facility maintenance staff, police department employees and residence life
staff have University identification.
6. Remain alert and observe activity in and around the area assigned.
7. Prepare a daily, clear, concise activity or log report to be submitted at the end of each shift to the
supervisor which will include all visitors’ names, etc. The supervisor will be responsible for
submitting the reports to the designated Towson University Police Officer.
8. Check visitor identification; i.e., driver’s license, pictured ID card, etc.
9. Check ID’s if alcohol is brought on premises.
K. UNIFORMS AND PERSONAL APPEARANCE
Security guards shall be well groomed, neat in appearance and courteous at all times. Guards are to be
attired in clean, pressed, police/military style uniforms in good repair with a hat. The bidder shall submit
with their proposal a description of security guard uniforms subject to the University’s approval as well
as be required to supply and wear a reflective traffic safety vest for high visibility on roving patrols.
The bidder must also submit a detailed description of the foul weather gear that will be provided for the
roving security guards.
L. VEHICLE REQUIREMENTS
1. The bidder will be required to supply one (1) fully operational vehicle for use by its supervisor
and employees under this contract. The use of the vehicle shall be restricted to Towson University
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related activity only unless specific written permission is obtained in advance from the
Operations Support Bureau Commander.
2. The vehicle must be equipped with automatic transmission, power steering, power breaks,
heating, air conditioning and all federal and state mandated safety options.
3. The vehicle must be 4WD and the year 2015 or newer with under 20,000 miles and must meet
the following requirements:
4. Pass a Maryland State Inspection. A certificate must be provided to the University at the start of
the contract.
5. The vehicle must be maintained in accordance with the manufacturer’s specifications. If the
bidder’s vehicle needs maintenance that requires more than one day, a backup vehicle must be
provided by the bidder.
6. The bidder’s vehicle must be kept in a state of good mechanical repair and general appearance
at all times.
7. The vehicle must be clearly identified as a company security vehicle with a rotating or flashing
amber light with a distinctive company logo on each side and rear.
8. The cost of the vehicle is only billable when it is in use on campus. The vehicle rate shall be
inclusive of all costs associated with operating the vehicle, including but not limited to gasoline,
oil, maintenance and wear-and-tear.
M. COMMUNICATION EQUIPMENT
Communication equipment will be determined and provided by the Towson University Police
Department. The bidder is responsible for the maintenance and repair of University radios and is required
to use the same vendor the University utilizes.
No maintenance history is provided. The radios are checked prior to being issued. It is up to the on-site
security service supervisor to report all radio or equipment problems via the Communication Center at
the time the problem is discovered and in writing at the end of the shift the problem is discovered. TUPD,
upon receipt of the written notification, will complete the necessary repair or replacement prior to the
start of the next shift.
N. INVOICES/BILLING PROCEDURES
The bidder will submit to Towson University weekly invoices covering the period Saturday 10:00 p.m.
(start of Saturday shift) through the following Saturday at 6:00 a.m. (end of Friday’s shift). The invoices
will be mailed to: Towson University, Accounts Payable Office, 8000 York Road, Towson, Maryland
21252, the Friday following completion of each billable week which will be processed early the next
week. All invoices will be submitted complete with all DOR’s (Daily Operational Reports) and other
documentation as needed to substantiate the charges. Separate weekly invoices will be submitted for the
security guard assigned to Cook Library.
Weekly invoices are to be emailed to the Administrative Technical Services Division Commander of the
Towson University Police Department prior to the mailing of the hard copy invoices to the Accounts
Payable Office. Invoices will be audited, verified and approved by the Administrative Technical Services
Division Commander and sent to the Accounts Payable Office for payment processing.
The invoices will have three categories of charges:
1. Hours for the supervisor with vehicle,
2. hours for security guards,
3. hours for the supervisor without vehicle (upon request only).
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O. ORIENTATION
The successful contractor is required to conduct their own training of security guard personnel at their
facility and attend a four (4) hour orientation program at Towson University to be conducted by the
Contract Services Office at the beginning of each spring and fall semester. The orientation will consist of
a one (1) hour presentation by the University Police covering their organization, a review of
administrative procedures (including proper communication procedures, checking of radio equipment,
etc.) and a review of any problems that have occurred during the past semester. A one-half hour
presentation by the Housing and Residence Life Department and a tour conducted by a Contract Services
Office representative to familiarize the new and returning guards with the campus will also be included.
All new and returning guards must be dressed in full uniform during the orientation program at the
University. The date and time will be determined by the Contract Services Office in coordination with
the other University participants.
ADDITIONAL NOTES AND CLARIFICATIONS
Q1) In the event of inclement weather, such as heavy snow or hurricane, or something else that
would cause the government to call for a State of Emergency (such as the recent riots) which
prohibit cars from being on the streets, will fines be assessed if security personnel cannot
get to campus?
A1) If students are on campus, security personnel are expected to be on campus. During periods of
extreme inclement weather, Towson University staff will work to attempt to provide necessary
accommodations (cots, food) for officers, if needed.
Q2) Will we have to run a weekly payroll?
A2) No.
Q3) Can we send weekly actual hours, but estimated payroll expenses (FICA, SUI, etc.)?
A3) Yes.
Q4) Can we provided actual hours, estimated payroll expenses and actuals semi-monthly?
A4) Yes.
Q5) Are relief (replacement) officers required while the primary officer is on meal break and/or
restroom break?
A5) Yes. The supervisor is responsible for ensuring coverage during breaks.
Q6) Is the cost of the vehicle only billable to TU for 39 weeks of the year?
A6) Yes. The cost of the vehicle is only billable when it is in use on campus.
Q7) What is the University’s position on the successful bidder hiring staff currently working
under the contract with the incumbent?
A7) Towson University can work to facilitate an interview day for the successful awardee to evaluate
staff. However, as part of the technical submittal, bidders must demonstrate that they currently
have appropriate staffing levels for the contract.
Note: Audit Procedures and Payroll
The bidder is required to provide a detailed description of their payroll procedures and
provide an appropriate audit trail process. This audit trail process must enable the University to
track and validate actual hours worked, associated payroll expenses for each employee and the
amount invoiced weekly for each employee. The University’s involvement with the
appropriate financial accounting and reporting process is mandatory.
Running a semi-monthly payroll, we are being asked to provide an audit trail to track and
validate actual hours worked, associated payroll expenses for each employee and the amount
invoiced weekly for each employee.
END OF SECTION V.
Exhibit A
Required Contract Provisions
Procurement
Procurement
Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/
procurement
The provisions contained in this exhibit will be incorporated
and be a part of the contract entered into between Towson
University and any contractors as a result of this
procurement.
1. Affirmation - Contingent Fees
The Contractor shall submit with its bid/proposal a
Procurement Affirmation regarding contingent fees in the
form required by USM Procurement Policies and Procedures.
2. Affirmation - Debarment
The Contractor shall submit with its bid/proposal a
Procurement Affirmation in the form required by USM
Procurement Policies and Procedures.
3. Affirmation Regarding Debarment of Related Entities
The Contractor shall submit with its bid/proposal a
Procurement Affirmation regarding debarment of related
entities in the form required by USM Procurement Policies
and Procedures.
4. Affirmation - Non-Collusion
The Contractor shall submit with its bid/proposal a Non-
Collusion Affirmation in the form required by USM
Procurement Policies and Procedures.
5. Affirmation Regarding Bribery Convictions
The offeror warrants that neither it nor any of its officer,
directors, or partners not any of its employees who are
directly involved in obtaining or performing contracts with
any public body has been convicted of bribery, attempted
bribery, or conspiracy to bribe under the laws of any state or
of the federal government or has engaged in conduct since
July 1, 1977, which would constitute bribery, attempted
bribery, or conspiracy to bribe under the laws of any state or
the federal
government.
The Contractor shall submit with its bid/proposal a
Procurement Affirmation regarding bribery convictions in
the form required by University System of Maryland (USM)
Procurement Policies and Procedures.
6. Affirmation Regarding Other Convictions
The Contractor shall submit with its bid/proposal a
Procurement Affirmation regarding other convictions in the
form required by USM Procurement Policies and Procedures.
7. Affirmation Regarding Sub-Contractors
The Contractor shall submit with its bid/proposal a
Procurement Affirmation regarding debarment of sub-
contractors in the form required by USM Procurement
Policies and Procedures.
8. Affirmation - Drug and Alcohol Free Workplace
The contractor warrants that the contractor shall comply with
COMAR 21.11.08 Drug and Alcohol Free Workplace, and that
the contractor shall remain in compliance throughout the
term of this contract.
9. Certification of Corporation Registration and Tax
Payment
The Contractor shall submit with its bid/proposal a
Procurement Affirmation regarding certification of
corporation registration and tax payment in the form
required by USM Procurement Policies and Procedures.
10. Affirmation - Financial Disclosure
The Contractor shall submit with its bid/proposal a Financial
Disclosure Affirmation in the form required by USM
Procurement Policies and Procedures.
11. Affirmation - Political Contribution Disclosure
The Contractor shall submit with its bid/proposal a Political
Contribution Disclosure Affirmation in the form required by
USM Procurement Policies and Procedures.
12. Contract Affidavit
The successful bidder shall submit, prior to contract award, a
Contract Affidavit in the form required by USM Procurement
Policies and Procedures.
13. Affirmative Action
The Contractor and all subcontractors shall develop and
maintain affirmative action plans directed at increasing the
utilization of women and members of minority groups on
State public works projects, pursuant to the Executive Order
11246 of the President of the United States of America and
guidelines on Affirmative Action issued by the Equal
Employment Opportunities Commission (EEOC) 29 C.F.R.
part 1608 and the Governor of Maryland's Executive Order
01.01.1993.16.
14. Amendments and Modifications
The contract documents, as defined within the contract,
constitute the entire agreement between the parties hereto.
All other communications between the parties prior to
execution of the contract, whether written or oral, with
reference to the subject matter of the contract are superseded
by the agreement contained therein. No amendment of this
contract shall be binding unless in writing and signed by the
parties. Amendments may not significantly change the scope
of the contract.
15. Civil Rights Act of 1964
Contractors providing materials, equipment, supplies or
services to the State under the contract herewith assure the
State that they are conforming to the Civil Rights Act of 1964,
the Civil Rights Restoration Act of 1988, the Civil Rights Act
of 1991, and Section 202 of Executive Order 11246 of the
President of the United States of America as amended by
Executive Order 11375, as applicable.
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16. Compliance with Laws
The Contractor hereby represents and warrants that:
a. It is qualified to do business in the State of Maryland, and
that it will take such action, as from time to time hereafter,
may be necessary to remain so qualified;
b. It is not in arrears with respect to the payment of any
monies and owing the State of Maryland, or any department
or agency thereof, including but not limited to the payment
of taxes and employee benefits, and that it shall not become
so in arrears during the term of the contract;
c. It shall comply with all federal, State and local laws,
ordinances applicable to its activities and obligations under
the contract; and;
d. It shall procure, at its expense, all licenses, permits,
insurance and governmental approval, if any, necessary to
the performance of its obligations under the contract.
17. Compensation and Method of Payment
Contractor agrees to include on the face of all invoices billed
to the University, its Taxpayer Identification Number, which
is the Social Security Number for individuals and sale
proprietors and the Federal Employee Identification Number
for all other types of organizations.
18. Confidentiality; dissemination of Information
Contractor shall not release any information related to
services or performance of the services under this Contract,
nor publish any final reports or documents without the prior
written approval of the University. Contractor shall
indemnify and hold harmless the State and the University, its
officers, agents and employees from all harm which may be
incurred by reason of dissemination, publication, distribution
or circulation, in any manner whatsoever, of any
information, data, documents, or materials pertaining in any
way to this Contract by Contractor, its agents or employees.
19. Conflict of Interest Law
It is unlawful for any State officer, employee, or agent to
participate personally in his official capacity through
decision, approval, disapproval, recommendation, advice, or
investigation in any contract or other matter in which he, his
spouse, parent, child, brother, or sister has a financial
interest or to which any firm, corporation, association, or
other organization in which he has a financial interest or in
which he is serving as an officer, director, trustee, partner, or
employee, or any person or organization with whom he is
negotiating or has any arrangement concerning prospective
employment, is a party, unless such officer, employee, or
agent has previously complied with the provisions of State
Government Article § § 15-501 et seq. of the Annotated Code
of Maryland.
20. Contract Modifications and Changes
a. The procurement officer unilaterally may, at any time,
without notice to the sureties, if any, by written order
designed or indicated to be a change order, make any change
in work within the general scope of the contract, including
but not limited to changes:
(1) In the specifications (including drawings and designs);
(2) In the method or manner of performance of the work;
(3) In the State-furnished facilities, equipment, materials,
services,
or site; or
(4) Directing acceleration in the performance of the work.
b. Any other written order or an oral order, including a
direction, instruction, interpretation or determination, from
the procurement officer that causes any such change, shall be
treated as a change order under this clause, provided that the
Contractor gives the procurement officer written notice
stating the date, circumstances, and source of the order and
that the Contractor regards the order as a change order.
c. Except as herein provided, no order, statement, or
conduct of the procurement officer shall be treated as a
change under this clause or entitle the Contractor to an
equitable adjustment hereunder.
d. Subject to paragraph f., if any change under this clause
causes an increase or decrease in the Contractor's cost of, or
the time required for, the performance of any part of the work
under this contract, whether or not changed by any order, an
equitable adjustment shall be made and the contract
modified in writing accordingly; provided, however, that
except for claims based on defective specifications, no claim
for any change under (b.) above shall be allowed for any costs
incurred more than 20 days before the Contractor gives
written notice as therein required; and provided further, that
in the case of defective specifications for which the State is
responsible, the equitable adjustment shall include any
increased cost reasonably incurred by the Contractor in
attempting to comply with such defective specifications.
e. If the Contractor intends to assert a claim for an equitable
adjustment under this clause, he shall, within 30 days after
receipt of a written change order under a. above or the
furnishing or written notice under b. above, submit to the
procurement officer a written statement setting forth the
general nature and monetary extent of such claim, unless this
period is extended by the University. The statement of claim
hereunder may be included in the notice under b. above.
f. Each contract modification or change order that affects
contract price shall be subject to the prior written approval
of the procurement officer and other appropriate authorities
and to prior certification of the appropriate fiscal authority of
fund availability and the effect of the modification or change
order on the project budget or the total construction cost. If,
according to the certification of the fiscal authority, the
contract modification or change order will cause an increase
in cost that will exceed budgeted and available funds, the
modification or change order may not be made unless
sufficient additional funds are made available or the scope of
the project is adjusted to permit its completion within the
project budget.
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g. No claim by the Contractor for an equitable adjustment
hereunder shall be allowed if asserted after final payment
under the contract.
21. Contractor's On-Site Representative
The Contractor is required to maintain on site at all times
when the work is in progress on this project an individual
who represents the Contractor, is responsible for the entire
project, and can communicate in English with the
University's representative.
22. Contractor’s Invoices
Contractor shall include its Taxpayer Identification Number
on the face of each invoice billed to the University. If a
Purchase Order document is issued, the Purchase Order
Number must be included.
23. Cooperation with University and State
Representatives
Before any of the work shall begin, the Contractor shall
confer with the University's representative at the site and
agree on a sequence of procedure, means of access to the
premises, space for storage of materials and equipment, use
of approaches, use of facilities, etc.
24. Cost and Price Certification
The Contractor, by submitting cost or price information
certifies that, to the best of its knowledge, the information
submitted is accurate, complete, and current as of a mutually
determined specified date prior to the conclusion of any price
discussions or negotiations for:
a. A negotiated contact, if the total contract price is
expected to exceed $100,000 or a smaller amount set by the
procurement officer; or
b. A change order or contract modification, expected to
exceed $100,000 or a smaller amount set by the procurement
officer.
c. The price under this contract and any change order or
modification hereunder, including profit or fee, shall be
adjusted to exclude any significant price increases occurring
because the Contractor furnished cost or price information
which, as of the date agreed upon between the parties, was
inaccurate, incomplete, or not current.
25. Delays and Extensions of Time
The Contractor agrees to prosecute the work continuously
and diligently and no charges or claims for damages shall be
made by it for any delays or hindrances, from any cause
whatsoever during the progress of any portion of the services
specified in this contract. Such delays or hindrances, if any,
may be compensated for by an extension of time for such
reasonable period as the University may decide. Time
extensions will be granted only for excusable delays such as
delays beyond the control and without the fault or negligence
of the Contractor, provided the Contractor shall have given
notice in writing of the cause of the delay within five (5) days
after the delay begins. Any extension granted shall not
require the consent and approval of the Contractor's
bondsman or surety.
26. Delivery and Acceptance
Delivery shall be made in accordance with the specifications.
The University reserves the right to test any materials,
equipment, supplies, or services delivered to determine if the
specifications have been met. The materials listed in the
specifications shall be delivered FOB the point or points
specified prior to or on the date specified in the solicitation.
Any material that is defective or fails to meet the terms of the
specifications may be rejected. Rejected materials shall be
promptly replaced. The State reserves the right to purchase
replacement materials in the open market. Vendors failing to
promptly replace materials lawfully rejected shall be liable
for any excess price paid for the replacement, plus applicable
expenses, if any.
27. Disputes
a. This contract is subject to the USM Procurement Policies
and Procedures.
b. Except as otherwise may be provided by law, all
disputes arising under or as a result of a breach of this
contract that are not disposed of by mutual agreement shall
be resolved in accordance with this clause.
c. As used herein, “claim” means a written demand or
assertion by one of the parties seeking, as a legal right, the
payment of money, adjustment or interpretation of contract
terms, or other relief, arising under or relating to this contract.
A voucher, invoice, or request for payment that is not in
dispute when submitted is not a claim under this clause.
However, if the submission subsequently is not acted upon
in a reasonable time, or is disputed as to liability or amount,
it may be converted to a claim for the purpose of this clause.
d. A claim shall be made in writing and submitted to the
procurement officer for decision in consultation with the
Office of the attorney general within thirty days of when the
basis of the claim was known or should have been known,
whichever is earlier.
e. When a claim cannot be resolved by mutual agreement,
the contractor shall submit a written request for final decision
to the procurement officer. The written request shall set forth
all the facts surrounding the controversy.
f. The contractor, at the discretion of the procurement
officer, may be afforded an opportunity to be heard and to
offer evidence in support of his claim.
g. The procurement officer shall render a written decision
on all claims within 180 days of receipt of the contractor’s
written claim, unless the procurement officer determines that
a longer period is necessary to resolve the claim. If a decision
is not issued within 180 days, the procurement officer shall
notify the contractor of the time within which a decision shall
be rendered and for the reasons of such time extension. The
decision shall be furnished to the contractor, by certified
mail, return receipt requested, or by any other method that
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provides evidence of receipt. The procurement officer’s
decision shall be deemed the final action of the University.
h. The procurement officer’s decision shall be final and
conclusive unless the contractor mails or otherwise files a
written appeal with the Maryland State Board of Contract
Appeals within 30 days of receipt of the decision.
i. Pending resolution of a claim, the contractor shall
proceed diligently with the performance of the contract in
accordance with procurement officer’s decision.
28. EPA Compliance
Materials, supplies, equipment and services shall comply in
all respects with the federal Noise Control Act of 1972, where
applicable. Power equipment, to the greatest extent possible,
shall be the quietest available. Equipment certified by the US
EPA as a Low Noise Emission Product pursuant to the Federal
Noise Control Act of 1972 shall be considered to meet the
intent of the regulation.
The Contractor must supply and have immediately available
to their employees spill containment equipment/supplies
necessary to contain any hazards it may introduce to the job
site. The Contractor is responsible for any and all costs
incurred by the University in remediating spills or releases of
materials introduced onto the job site.
Depending on the nature of the contract, the additional
environmental and safety provisions contained in Exhibit A-
1 may also be required
29. FERPA
The Parties agree to maintain the privacy and security of
personally identifiable educational records and health
information and to prevent disclosure in compliance with
Federal laws.
30. Gramm-Leach-Bliley Act of 1999
The Contractor agrees that in performing its obligations
under this contract, the Contractor shall comply with all
requirements of a non-affiliated third-party who receives a
financial institution’s consumer or customer information,
under the Gramm-Leach-Bliley Act of 1999 and applicable
regulations thereto (the “GLB Act”) and other applicable
federal and state consumer privacy acts, rules and
regulations. Nonpublic personal information shall have the
same meaning as that term is defined in the GLB Act.
a. The Contractor agrees to disclose such nonpublic personal
information for the sole purpose of facilitating the
Contractor’s performance of its duties and obligations under
the contract and will not disclose such nonpublic personal
information to any other party unless such disclosure is (i)
allowed by the GLB Act and consented to by the University,
or (ii) compelled by law, in which case the Contractor will
provide notice of such disclosure to the University.
b. The Contractor represents and warrants that it will, for so
long as it retains nonpublic personal information, implement
and maintain in place the necessary information security
policies and procedures for (i) protecting the confidentiality
of such nonpublic personal information, (ii) protecting against
any anticipated threats or hazards to the security or integrity
of such nonpublic personal information, and (iii) protecting
against the unauthorized access to or use of such nonpublic
personal information. These terms apply to all
subcontractors employed by the Contractor who perform
work under the scope of the agreement.
If the Contractor’s price includes the cost of Contractor
furnishing any other material, equipment, supplies, or other
items in connection with the Contract, the Contractor shall
pay the Maryland sales tax.
31. Inspection by the University
The University may provide for inspection, at any time, of
any part of the Contractor's work, and of any of the materials,
supplies or equipment which the Contractor may have on
hand or in the building. The Contractor shall provide
adequate cooperation with any inspector assigned by the
University to permit the inspector to determine the
Contractor's conformity with these specifications and the
adequacy of the work being performed.
32. Intellectual Property
Contractor agrees to indemnify and save harmless the
University, its officers, agents and employees with respect to
any claim, action, cost or judgment for patent infringement,
or trademark or copyright violation arising out of purchase or
use of materials, supplies, equipment or services covered by
the contract.
33. Indemnification
The University shall not assume any obligation to indemnify,
hold harmless, or pay attorneys' fees that may arise from or
in any way be associated with the performance or operation
of this agreement.
34. Insurance and Indemnification Provisions
a. The Contractor shall defend, indemnify and save
harmless the University System of Maryland, its officers,
employees and agents, from any and all claims, liability,
losses and causes of actions which may arise out of the
performance by the Contractor, employees or agents, of the
work covered by the contract.
b. The Contractor shall secure, pay the premiums for, and
keep in force until the expirations of the contract, and any
renewal thereof, adequate insurance as provided below, such
insurance to specifically include liability assumed by the
Contractor under the contract.
(1) Commercial General Liability Insurance including all
extensions $2,000,000 each occurrence;
$2,000,000 personal injury;
$2,000,000 products/completed operations;
$2,000,000 general aggregate
(2) Workmen’s Compensation Insurance and
Unemployment Insurance as required by the laws of the
State of Maryland.
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(3) Owner’s, Landlord’s and Tenant’s and Contractor’s bodily
injury liability insurance, with limits of not less than
$500,000 for each person and $2,000,000 for each accident.
(4) Property damage liability insurance with a limit of not
less than $2,000,000 for each accident.
(5) If automotive equipment is used in the operation,
automobile bodily injury liability insurance with limits of not
less than $1,000,000 for each person and $2,000,000 for each
accident, and property damage liability insurance, with a
limit of not less than $2,000,000 for each accident.
(6) Food products liability insurance, if not included in the
Comprehensive, with limits of not less than $1,000,000 for
each person and $2,000,000 for each accident.
c. Each policy for liability protection, bodily injury or
property damage must specifically name, on its face, the
University System of Maryland as an additional named
insured as respects operations under the contract and
premises occupied by the Contractor provided, however,
with respect to the Contractor’s liability for bodily injury or
property damage under items b(1)-b(6) above, such insurance
shall cover and not exclude Contractor’s liability for injury to
the property of the University System and to the persons or
property of employees, students, faculty members, agents,
officers, regents, invitees or guests of the University System.
d. Each insurance policy shall contain the following
endorsements: “It is understood and agreed that the
Insurance Company shall notify in writing procurement
officer forty-five (45) days in advance of the effective date of
any reduction in or cancellation of this policy.” A certificate
of each policy of insurance shall be furnished to the
procurement officer. With the exception of Workmen’s
Compensation, upon the request of the procurement officer,
a certified true copy of each policy of insurance, including the
above endorsement, manually countersigned by an
authorized representative of the insurance company, shall be
furnished to the procurement officer. A certificate of
insurance for Workmen’s Compensation together with a
properly executed endorsement for cancellation notice shall
also be furnished. Following the notice of contract award, the
requested certificates and policies shall be delivered as
directed by the procurement officer. Notices of policy
changes shall be furnished to the procurement officer.
e. All required insurance coverages must be acquired from
insurers authorized to do business in the State of Maryland
and acceptable to the University. The insurers must have a
policyholders’ rating of “A-” or better, and a financial size of
“Class VII” or better in the latest edition of Best’s Insurance
Reports.
35. I-9 Requirement
Contractor warrants and represents that it is currently in
compliance, and that during the term of the contract it will
remain in compliance, with the Immigration Reform and
Control Act of 1986, and that it will obtain original valid
employment verification documentation from all its
employees on a timely basis as required by law and
regulation. This requirement also applies to all
subcontractors hired by Contractor.
36. Local Conditions Covering Work
The Contractor shall cooperate with those in authority on the
premises to prevent the entrance and exit of all workmen
and/or others whose presence is forbidden or undesirable
and in bringing, storing or removal of all materials and
equipment, to observe all rules and regulations in force on
the grounds, to avoid unnecessary dust or accumulated
debris or the undue interference with the convenience,
sanitation or routine of the University and to prevent the loss
of, or damage to the property of the University and/or its
employees. The Contractor shall repair any and all damage
he may cause to the building or property, to the full
satisfaction of the University.
37. Mandated Contractor Reporting of Suspected Child
Abuse & Neglect
Maryland law contains mandatory reporting requirements
for all individuals who suspect child abuse or neglect.
Contractors performing work on campus also must comply
with USM Board of Regents (BOR) VI-1.50 – Policy on the
Reporting of Suspected Child Abuse & Neglect, as well as the
University Procedures for Reporting Suspected Child Abuse
and Neglect. The above-referenced USM/University Policy
and Procedures are available in full at the following link:
https://www.towson.edu/about/administration/policies/docu
ments/polices/06-01-50-policy-on-the-reporting-of-
suspected-child-abuse-and-neglect.pdf,
and are incorporated herein. The University reserves the
right to terminate the contract if Contractor fails to comply
with the above-referenced policy or procedures, or if, in the
judgment of the University, termination is necessary to
protect the safety and welfare of children who come into
contact with the University community.
38. Maryland Law Prevails
The contract shall be governed by the laws of the State of
Maryland. The parties agree that exclusive jurisdiction shall
reside with the state and federal courts in the State of
Maryland.
39. Non-Hiring of Employees
No employee of the State of Maryland, or any department,
commission, agency or branch thereof whose duties as such
employee include matters relating to or affecting the subject
matter of the contract, shall, while so employed, become or
be an employee of the party or parties hereby contracting
with the State or any department, commission, agency or
branch thereof.
40. Non-Discrimination
The Contractor will comply with all applicable Federal and
State laws, rules and regulations involving
non-discrimination on the basis of race, color, creed, religion,
national origin, age, sex, political affiliation, marital status,
veteran status, condition of disability, or other non-merit
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factor. In addition, Towson University’s policies, programs,
and activities comply with federal and state laws and
University System of Maryland regulations prohibiting
discrimination on the basis of race, color, religion, age,
national origin, sex, disability, and sexual orientation.
Provisions for reasonable accommodations shall be made by
the Contractor for handicapped applicants and qualified
handicapped individuals.
41. Non-Visual Access
The bidder or offeror warrants that the information
technology offered under this bid or proposal (1) provides
equivalent access for effective use by both visual and
nonvisual means; (2) will present information, including
prompts used for interactive communications, in formats
intended for both visual and nonvisual use; (3) if intended for
use in a network, can be integrated into networks for
obtaining, retrieving, and disseminating information used by
individuals who are not blind or visually impaired; and (4) is
available, whenever possible, without modification for
compatibility with software and hardware for nonvisual
access. The bidder or offeror further warrants that the costs,
if any, of modifying the information technology for
compatibility with software and hardware used for nonvisual
access will not increase the cost of the information
technology by more than 5 percent.
For purposes of this section, the phrase “equivalent access”
means that the ability to receive, use and manipulate
information and operate controls necessary to access and use
information technology by nonvisual means. Examples of
equivalent access include keyboard controls used for input
and synthesized speech, Braille, or other audible or tactile
means used for output.
42. Ownership of Documents and Materials
The Contractor agrees that all documents and materials
including, but not limited to, reports, drawings, studies,
specifications, estimates, maps, photographs, designs,
graphics, mechanical, artwork, and computations prepared
by or for it under the terms of the contract shall at anytime
during the performance of the services be made available to
the University upon request by the University and shall
become and remain the exclusive property of the University
upon termination or completion of the services. The
University shall have the right to use same without restriction
or limitation and without compensation to the Contractor
other than that provided by the contract. The University shall
be the owner for purposes of copyright, patent or trademark
registration.
43. Patents, Copyrights and Trade Secrets
a. If the Contractor furnishes any design, device, material,
process or other item which is covered by a patent or
copyright or which is proprietary to or a trade secret of
another, Contractor shall obtain the necessary permission or
license to use such item.
b. Contractor will defend or settle, at its own expense, any
claim or suit against the State alleging that any such item
furnished by Contractor infringes any patent, trademark,
copyright, or trade secret. Contractor also will pay all
damages and costs that by final judgment may be assessed
against the State due to such infringement and all attorneys’
fees and litigation expenses reasonably incurred by the State
to defend against such a claim or suit. The obligations of this
paragraph are in addition to those stated in paragraph c.
c. If any products furnished by Contractor become, or in
Contractor's opinion are likely to become, the subject of a
claim of infringement, Contractor will, at its option: (1)
procure for the State the right to continue using the
applicable item; (2) replace the product with a non-infringing
product substantially complying with the item's
specifications; or (3) modify the item so it becomes
non-infringing and performs in a substantially similar
manner to the original item.
44. Payment of State Obligations
Payments to the Contractor pursuant to this contract shall be
made no later than 30 days after the University's receipt of a
proper invoice from the Contractor. Charges of late payment
of invoices, other than as prescribed by Title 15, subtitle 1, of
the State Finance and Procurement Article, Annotated Code
of Maryland, or by the Public Service Commission of
Maryland with respect to regulated public utilities, as
applicable, are prohibited.
45. Policies and Procedures
The USM Procurement Policies and Procedures in effect on
the date of execution of this Contract are applicable to this
Contract.
46. Responsibility of Contractor
a. The Contractor shall perform the services with that
standard of care, skill, and diligence normally provided by a
Contractor in the performance of services similar to the
services hereunder.
b. Notwithstanding any review, approval, acceptance or
payment for the services by the University, the Contractor
shall be responsible for professional and technical accuracy
of its work, design drawings, specifications and other
materials furnished by the Contractor under the contract.
47. Responsibility for Claims and Liability
The Contractor shall be responsible for all damage to life and
property due to its activities or those of its agents or
employees, in connection with the services required under
the contract. Further, it is expressly understood that the
Contractor shall indemnify and save harmless the University,
its officers, agents, and employees from and against all
claims, suits, judgments, expenses, actions, damages and
costs of every name and description, including reasonable
attorney's fees and litigation expenses arising out of or
resulting from the negligent performance of the services of
the Contractor under the contract.
48. Responsibility for Damage
a. The Contractor shall repair and restore to its original
condition any equipment, materials or surfaces damaged by
its operations.
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b. The Contractor shall be entirely responsible for any loss
or damage to its own materials, supplies, and equipment, and
to the personal property of its employees while they are in
the building.
c. The Contractor shall be solely responsible for any
damage to the building or its contents for any loss or damage
to any property belonging to the University or the University
employees when such loss or damage may be attributable to
their actions or negligence or the actions or negligence of
their employees.
49. Retention of Records
The Contractor shall retain and maintain all records and
documents relating to the contract for a minimum period of
four years after payment by the University of the final invoice
and shall make them available for inspection and audit by
the State of Maryland.
50. Set-Off
The University may deduct from and set off against any
amounts due and payable to the Contractor any back-charges
or damages sustained by the University by virtue of any
breach of the contract by the Contractor or by virtue of the
failure or refusal of the Contractor to perform the services or
any part of the services in a satisfactory manner. Nothing
herein shall be construed to relieve the Contractor of liability
for additional costs resulting from a failure to satisfactorily
perform the services.
51. Software Contracts:
As specifically provided by § 21-104, Commercial Law
Article, Annotated Code of Maryland, the parties agree that
this Agreement shall not be governed by the Uniform
Computer Information Transactions Act (UCITA), Title 21 of
the Commercial Law Article of the Annotated Code of
Maryland, as amended from time to time. This Agreement
shall be governed by the common law of Maryland relating
to written agreements, as well as other statutory provisions,
other than UCITA, which may apply, and shall be interpreted
and enforced as if UCITA had never been adopted in
Maryland.
Contractor agrees that as delivered to buyer, the software
does not contain any program code, virus, worm, trap door,
back door, timer or clock that would erase data or
programming or otherwise cause the software to become
inoperable, inaccessible, or incapable of being used in
accordance with its user manuals, either automatically upon
the occurrence of selected conditions, or manually on
command of Contractor.
52. Specifications
All materials, equipment, supplies or services shall conform
to Federal and State laws and regulations and to the
specifications contained in the solicitation. No asbestos, lead,
or PCB-containing materials (0%) are to be utilized/installed
on campus unless prior written approval has been received
from the University's Department of Environmental Health &
Safety (410-704-2949).
53. Subcontracting or Assignment
The benefits and obligations hereunder shall take effect and
be binding upon the parties hereto and neither the contract
nor the services to be performed thereunder shall be
subcontracted, or assigned or otherwise disposed of, either in
whole or in part, except with the prior written consent of the
University.
54. Suspension of Work
The procurement officer unilaterally may order the
Contractor in writing to suspend, delay, or interrupt all or any
part of the work for such period of time as he may determine
to be appropriate for the convenience of the University.
55. Tax Exemption
The State is generally exempt from federal excise taxes,
Maryland sales and use taxes, District of Columbia sales
taxes, and transportation taxes. Exemption certificates shall
be provided upon request. Where a Contractor is required to
furnish and install material in the construction of
improvement to real property in performance of the
Contract, the Contractor shall pay the Maryland sales tax and
the exemption does not apply.
56. Termination of Contract for Convenience
The performance of work under the contract may be
terminated by the University in accordance with this clause
in whole, or from time to time in part, whenever the
University shall determine that such termination is in the
best interest of the University. The University will pay all
reasonable costs associated with the contract that the
Contractor has incurred up to the date of termination and all
reasonable costs associated with termination of the contract.
However, the Contractor shall not be reimbursed for any
anticipatory profits which have not been earned up to the
date of termination. Termination hereunder, including the
determination of the rights and obligations of the parties,
shall be governed by the provisions of USM Procurement
Policies and Procedures.
57. Termination of Contract for Default
If the Contractor fails to fulfill its obligation under the contract
properly and on time, or otherwise violates any provision of
the contract, the University may terminate the contract by
written notice to the Contractor. The notice shall specify the
acts or omissions relied on as cause for termination. All
finished or unfinished services provided by the Contractor
shall, at the University's option, become the University's
property. The University shall pay the Contractor fair and
equitable compensation for satisfactory performance prior to
receipt of notice of termination, less the amount of damages
caused by the Contractor's breach. If the damages are more
than the compensation payable to the Contractor, the
Contractor will remain liable after termination and the
University can affirmatively collect damages. The term
"damages" as used in this paragraph may include attorney's
fees and litigation costs. Termination hereunder, including
the determination of the rights and obligations of the parties,
shall be governed by the provisions of USM Procurement
Policies and Procedures.
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58. Termination of Multi-Year Contracts
If the General Assembly fails to appropriate funds or if funds
are not otherwise made available for continued performance
for any fiscal period of the contract succeeding the first fiscal
period, the contract shall be canceled automatically as of the
beginning of the fiscal year for which funds were not
appropriated or otherwise made available; provided,
however, that this will not affect either the State's rights or
the Contractor's rights under any termination clause in the
contract. The effect of termination of the contract hereunder
will be to discharge both the Contractor and the State from
future performance of the contract, but not from their rights
and obligations existing at the time of termination. The
Contractor shall be reimbursed for the reasonable value of
any non-recurring costs incurred but not amortized in the
price of the contract. The State will notify the Contractor as
soon as it has knowledge that funds may not be available for
the continuation of the contract for each succeeding fiscal
period beyond the first
59. Use of Contractor's Forms Not Binding on State
a. Except as provided in b., the use or execution by the
State of any forms, orders, agreements, or other documents
of any kind, other than the contract documents, used
pursuant to or in the administration of any contract awarded
by the State to Contractor, shall not bind the State to any of
the terms and conditions contained therein except those
provisions:
(1) generally describing, for the purposes of ordering:
Equipment or services to be provided, locations, quantities,
delivery or installation dates, and, to the extent consistent
with the contract documents, prices; and
(2) not otherwise inconsistent with the contract documents.
b. Any such form, order, agreement or other document
shall not vary, modify, or amend the terms and provisions of
the contract documents, notwithstanding any provision to
the contrary in such document, unless all of the following
conditions are met:
(1) the document expressly refers to the particular
document and provision of the contract documents being
modified and plainly and conspicuously identifies any
modification thereto as a modification:
(2) the document is executed on behalf of the State by the
procurement officer; and
(3) execution of the document is approved by the
procurement authority whose approval is required by law.
Exhibit B
Bid/Proposal Affidavit
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A. AUTHORITY
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, controlling stockholders, or any of its employees directly involved in the
business's contracting activities including obtaining or performing contracts with public bodies has been convicted of,
or has had probation before judgment imposed pursuant to Criminal Procedure Article, §6-220, Annotated Code of
Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation
of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the
affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date,
court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and current
positions and responsibilities with the business):
C. AFFIRMATION REGARDING OTHER CONVICTIONS RETAINED
I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business,
or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the
business's contracting activities including obtaining or performing contracts with public bodies, has:
(1) Been convicted under state or federal statute of:
(a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract;
or
(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;
(2) Been convicted of any criminal violation of a state or federal antitrust statute;
(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer
Influenced and Corrupt Organization Act, 18 U.S.C. §1961 et seq., or the Mail Fraud Act, 18 U.S.C. §1341 et seq., for acts
in connection with the submission of bids or proposals for a public or private contract;
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(4) Been convicted of a violation of the State Minority Business Enterprise Law, §14-308 of the State Finance and
Procurement Article of the Annotated Code of Maryland;
(5) Been convicted of a violation of §11-205.1 of the State Finance and Procurement Article of the Annotated Code
of Maryland;
(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or
liability under any law or statute described in subsections (1) - (5) above;
(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the
submission of bids or proposals for a public or private contract;
(8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under
Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or
private contract; or
(9) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or
omissions that would constitute grounds for conviction or liability under any law or statute described in §§B and C and
subsections D(1)—(8) above, except as follows (indicate reasons why the affirmations cannot be given, and list any
conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the
sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the
business, and the status of any debarment):
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, controlling stockholders, or any of its employees directly involved in the
business's contracting activities, including obtaining or performing contracts with public bodies, has ever been
suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows
(list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity
and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities
with the business, the grounds of the debarment or suspension, and the details of each person's involvement in any
activity that formed the grounds of the debarment or suspension).
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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 (indicate 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. CERTIFICATION OF TAX PAYMENT
I FURTHER AFFIRM THAT: Except as validly contested, the business has paid, or has arranged for payment of, all
taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the
State Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as applicable,
and will have paid all withholding taxes due the State of Maryland prior to final settlement.
I. CONTINGENT FEES
I FURTHER AFFIRM THAT: The business has not employed or retained any person, partnership, corporation, or other
entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working
for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person,
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partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or
commercial selling agency, any fee or any other consideration contingent on making of the Contract.
J. CERTIFICATION REGARDING INVESTMENTS IN IRAN
(1) The undersigned bidder or offeror certifies that, in accordance with State Finance & Procurement Article, §17-
705:
(i) it is not identified on the list created by the Board of Public Works as a person engaging in investment
activities in Iran as described in §17-702 of State Finance & Procurement; and
(ii) it is not engaging in investment activities in Iran as described in State Finance & Procurement Article,
§17-702.
(2) The undersigned bidder or offeror is unable to make the above certification regarding its investment activities
in Iran due to the following activities:
K. ACKNOWLEDGEMENT
I ACKNOWLEDGE THAT: This Affidavit is to be furnished to the Procurement Officer and may be distributed to units
of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal
government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of
Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of
this bid or proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or
any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the
Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations,
terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other
Affidavits comprising part of the contract.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS
AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
SIGNATURE OF AUTHORIZED REPRESENTATIVE & AFFIANT
DATE
PRINT NAME OF AUTHORIZED REPRESENTATIVE & AFFIANT
TITLE OF AUTHORIZED REPRESENTATIVE & AFFIANT
Exhibit C
Contract Affidavit
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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. CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT OR QUALIFICATION WITH
THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION
I FURTHER AFFIRM THAT: The business named above is a (X applicable items):
(1)
Corporation domestic (i.e., organized in Maryland) or foreign;
(2)
Limited Liability Co. domestic or foreign;
(3)
Partnership domestic foreign;
(4)
Statutory Trust domestic or foreign;
(5)
Sole Proprietorship
and is registered or qualified as required under Maryland law.
I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction
where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State
Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with the
State Department of Assessments and Taxation is:
Name & Department ID Number: _______________________________________________________________
Address: __________________________________________________________________________________
and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and
Taxation that correctly identifies that true name and address of the principal or owner as:
Name & Department ID Number: _______________________________________________________________
Address: __________________________________________________________________________________
C. FINANCIAL DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, the provisions of 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.
D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION
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I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, Election Law Article, §§14-101
through 14-108, Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or
other agreements with the State of Maryland, including its agencies or a political subdivision of the State valued at
$200,000 or more, shall file with the State Board of Elections a statement disclosing contributions in excess of $500
made during the reporting period to a candidate for elective office in any primary or general election.
E. DRUG AND ALCOHOL FREE WORKPLACE
I CERTIFY THAT:
(1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this certification.
(2) By submission of its bid or offer, the business, if other than an individual, certifies and agrees that, with respect to
its employees to be employed under a contract resulting from this solicitation, the business shall:
(a) Maintain a workplace free of drug and alcohol abuse during the term of the contract;
(b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing,
possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business's 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's policy of maintaining a drug and alcohol free workplace;
(iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and
(iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace;
(g) Provide all employees engaged in the performance of the contract with a copy of the statement required by
§(2)(b), above;
(h) Notify its employees in the statement required by §(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 §(2)(h)(ii), above, or otherwise
receiving actual notice of a conviction;
(j) Within 30 days after receiving notice under §(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:
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(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 §(2)(a)
through (j), above.
(3) If the business is an individual, the individual shall certify and agree as set forth in §(4), below, that the individual
shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs
or alcohol in the performance of the contract.
(4) I acknowledge and agree that:
(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification;
(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments
under, or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and
(c) The violation of the provisions of COMAR 21.11.08 or this certification in connection with the contract may,
in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the
business under COMAR 21.08.03.
F. CERTAIN AFFIRMATIONS VALID
I FURTHER AFFIRM THAT:
To the best of my knowledge, information, and belief, each of the affirmations, certification, or acknowledgments
contained in that certain Bid/Proposal Affidavit dated __________________ and executed by me for the purpose of
obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date
of this Contract Affidavit and is fully set forth herein.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS
AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
SIGNATURE OF AUTHORIZED REPRESENTATIVE & AFFIANT
DATE
PRINT NAME OF AUTHORIZED REPRESENTATIVE & AFFIANT
TITLE OF AUTHORIZED REPRESENTATIVE & AFFIANT
Exhibit F
Company Profile
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Company Name: ___________________________________________________________________________________
Date of Incorporation: ____________________________ State of Incorporation: ________________________________
Type of Work Performed:
Number of Years in Business: ______________________
Other or former names under which your organization has operated: _________________________________________
Type of Organization (e.g., Corp., Partnership, Individual, Joint Venture): _______________________________________
Name of Principal(s) and Title(s):
Brief History of the Company:
Total Number of Employees: ____________________
Number of Field Employees (Excluding Supervisory): ____________________
Number of Field Supervisory Personnel: ____________________
Number of Office Personnel (Excluding Supervisory): ____________________
Number of Office Supervisory Personnel: ____________________
Bonding Co.: __________________________________ Bonding Capacity: ___________________________________
Exhibit G
Firm Experience
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Proposer: ________________________________________________
Project Name: ___________________________________________________
Project Dollar Size: ________________________________________________
Start Date: _______________
Completion Date: ________________
Client/Customer: _________________________________________________________________________________
Address: ________________________________________________________________________________________
Contact Person ________________________________________________
Telephone: _________________________
Email: ________________________________________________________
Project Manager: ________________________________________________
Description of the Project:
Similarities Between this Project and TU Project:
Exhibit H
Bid Bond
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Bond No.
KNOW ALL MEN BY THESE PRESENTS, that we (Bidding Company), _________________________________,
as Principal, hereinafter called the Principal, and (Bonding Company) __________________________________,
a corporation duly organized under the laws of the State of ________________________, as Surety, hereinafter
called the Surety, are held and firmly bound unto the State of Maryland, hereinafter called “State,” for the sum of:
__________________________________________________ Dollars (or $___________________________), 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 & Brief Description): ____________
___________________________________________________________________________________________
NOW, THEREFORE, if the Principal, upon acceptance by the State of its bid identified above, within the period
specified therein 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 State the difference not to exceed
the penalty hereof between the amount specified in the Principal’s bid and such larger amount for which the State
may in good faith contract with another party to perform the work covered by said 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 State, 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.
In Presence of:
Witness
__________________________________ as to
In Presence of:
Witness
__________________________________ as to
__________________________________ as to
__________________________________ as to
Attest:
Individual Principal
__________________________________
(Name)
__________________________________ (SEAL)
Partnership Principal
__________________________________
(Name)
By: ______________________________ (SEAL)
Partner
By: ______________________________ (SEAL)
Partner
By: ______________________________ (SEAL)
Partner
Corporate Principal
(Name of Corporation)
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___________________________________________
CORPORATE Secretary
Attest:
___________________________________________
CORPORATE
Bonding Agents Name _________________________
Agent’s Address ______________________________
____________________________________________
____________________________________________
Approved as to form and legal sufficiency this _____
day of ____________________, 20 ____.
____________________________________________
Associate University Counsel
AFFIX
By: _________________________________
President SEAL
_________________________________
(Surety)
AFFIX
By: _________________________________
Attorney-in-fact SEAL
Exhibit I
Performance Bond
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_____________________________________________ __________________________________________
Principal Business Address of Principal
_____________________________________________ __________________________________________
Surety Obligee
STATE OF MARYLAND
a corporation of the State of _____________________ By and through the following Administration
and authorized to do business in the State of Maryland _________TOWSON UNIVERSITY______________
_____________________________________________________________________________________________
Penal Sum of Bond (express in words and figures)
_____________________________________________________________________________________________
Description of Contract
______________________________, 20 ___
Date of Contract
______________________________, 20 ___
Date Bond Executed
______________________________________________
Contract Number
KNOW ALL MEN BY THESE PRESENTS, That we, the Principal named above and Surety named above, being authorized to do business in
Maryland, and having business addresses as shown above, are held and firmly bound unto the Obligee named above in the Penal Sum of this
Performance Bond stated above, for the payment of which Penal Sum we bind ourselves, our heirs, executors, administrators, personal
representatives, successors, and assigns, jointly and severally, firmly by these presents. However, where Surety is composed of corporations
acting as co-sureties, we, the co-sureties, bind ourselves, our successors and assigns, in such Penal Sum jointly and severally as well as severally
only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each co-surety binds itself, jointly and
severally with the Principal, for the payment of such sum as appears above its name below, but if no limit of liability is indicated, the limit of such
liability shall be the full amount of Penal Sum.
WHEREAS, Principal has entered into or will enter into a contract with the State of Maryland, by and through the Administration named
above acting for the State of Maryland, which contract is described and dated as shown above, and incorporated herein by reference. The contract
and all items incorporated into the contract, together with any and all changes, extensions of time, alterations, modifications, or additions to the
contract or to the work to be performed thereunder or to the Plans, Specifications, and Special Provisions, or any of them, or to any other items
incorporated into the contract shall hereinafter be referred to as "the Contract."
WHEREAS, it is one of the conditions precedent to the final award of the Contract that these presents be executed.
NOW, THEREFORE, during the original term of said Contract, during any extensions thereto that may be granted by the Administration, and
during the guarantee and warranty period, if any, required under the Contract, unless otherwise stated therein, this Performance Bond shall
remain in full force and effect unless and until the following terms and conditions are met:
1. Principal shall well and truly perform the Contract; and
2. Principal and Surety shall comply with the terms and conditions contained in this Performance Bond.
Whenever Principal shall be declared by the Administration to be in default under the Contract, the Surety may, within 15 days after
notice of default from the Administration, notify the Administration of its election to either promptly proceed to remedy the default or promptly
proceed to complete the contract in accordance with and subject to its terms and conditions. In the event the Surety does not elect to exercise
either of the above stated options, then the Administration thereupon shall have the remaining contract work completed, Surety to remain liable
hereunder for all expenses of completion up to but not exceeding the penal sum stated above.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the
work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this Performance Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the
Specifications.
This Performance Bond shall be governed by and construed in accordance with the laws of the State of Maryland and any reference
herein to Principal or Surety in the singular shall include all entities in the plural who or which are signatories under the Principal or Surety
heading below.
IN WITNESS WHEREOF, Principal and Surety have set their hands and seals to this Performance Bond. If any individual is a signatory
under the Principal heading below, then each such individual has signed below on his or her own behalf, has set forth below the name of the
firm, if any, in whose name he or she is doing business, and has set forth below his or her title as a sole proprietor. If any partnership or joint
venture is a signatory under the Principal heading below, then all members of each such partnership or joint venture have signed below, each
member has set forth below the name of the partnership or joint venture, and each member has set forth below his or her title as a general partner,
limited partner, or member of joint venture, whichever is applicable. If any corporation is a signatory under the Principal or Surety heading
Procurement
Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/
procurement
below, then each such corporation has caused the following: the corporation's name to be set forth below, a duly authorized representative of the
corporation to affix below the corporation's seal and to attach hereto a notarized corporate resolution or power of attorney authorizing such action,
and each such duly authorized representative to sign below and to set forth below his or her title as a representative of the corporation. If any
individual acts as a witness to any signature below, then each such individual has signed below and has set forth below his or her title as a witness.
All of the above has been done as of the Date of Bond shown above.
In Presence of:
Witness
__________________________________ as to
Individual Principal
__________________________________ (SEAL)
In Presence of:
Witness
__________________________________ as to
__________________________________ as to
__________________________________ as to
Co-Partnership Principal
__________________________________
(Name of Co-Partnership)
By: ______________________________ (SEAL)
By: ______________________________ (SEAL)
By: ______________________________ (SEAL)
Attest:
___________________________________________
Corporate Secretary
Corporate Principal
___________________________________________
(Name of Corporation)
AFFIX
By: _________________________________
President with Title SEAL
Attest: (SEAL)
____________________________________________
Signature
Bonding Agent’s Name: _________________________
Agent’s Address:_______________________________
____________________________________________
___________________________________________
(Surety)
AFFIX
By: _________________________________
SEAL
Title: _______________________________________
___________________________________________
Business Address of Surety
Approved as to legal form and sufficiency this _____ day of ____________________, 20 ____.
____________________________________________
Director of Procurement
Exhibit K
Addenda Acknowledgement
Procurement
Procurement
Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/
procurement
Name of Bidder (Company): ______________________________________________________
Solicitation Number: ____________________________________________________________
Project Title: __________________________________________________________________
Due Date: _____________________________________________________________________
Acknowledgement
I hereby acknowledge receipt of the following addenda which have been issued regarding the above
referenced solicitiation:
Addendum #1, issue date: ________________________________
Addendum #2, issue date: ________________________________
Addendum #3, issue date: ________________________________
Addendum #4, issue date: ________________________________
Addendum #5, issue date: ________________________________
Addendum #6, issue date: ________________________________
Addendum #7, issue date: ________________________________
Addendum #8, issue date: ________________________________
Addendum #9, issue date: ________________________________
Addendum #10, issue date: ________________________________
Addendum #11, issue date: ________________________________
SIGNATURE
DATE
PRINTED NAME
TITLE
Exhibit L
Key Personnel Form
Procurement
Procurement
Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/
procurement
Project Name: _______________________________________
Project No.: _________________________________________
Bidder/Offeror Name: ___________________________________________________________
Key Personnel Name: ___________________________________________________________
Proposed Position Assigned: ______________________________________________________
1. Educational Background
Institution
Degree/Diploma/Certification
Major (if any) & Date of Degree
2. Employment History
If key personnel have more than three (3) previous employers, provide complete employment history via
supplemental page(s) attached to this form.
Employer
Dates of Employment (from/to)
Position Held
3. Project References
Furnish reference data for project owners/clients for specific projects to which key personnel were
assigned. References from projects listed in §5 of this Exhibit L are preferred.
Contact Person
Company Name
Telephone & Email
Description of Project
Contact Person
Company Name
Telephone & Email
Description of Project
Procurement
Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/
procurement
Contact Person
Company Name
Telephone & Email
Description of Project
4. Achievements/Other Notations (Optional):
5. Similar Project/Contract Experience
List at least three (3) prior projects.
Project Name
Project Value
Completion Dates (from/to)
Key Personnel Role Client Name Client Contact (email/phone)
Project Description
Project Name
Project Value
Completion Dates (from/to)
Key Personnel Role Client Name Client Contact (email/phone)
Project Description
Project Name
Project Value
Completion Dates (from/to)
Key Personnel Role Client Name Client Contact (email/phone)
Project Description
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Tu 2016 Security Guard Services Bid Package (Towson University)

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Completed 24 July 2020

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