Request for Proposals (RFP)
Procurement
Procurement Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/procurement
Compensation & Salary Administration Consulting Services
TU-2020
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
TU-2020Compensation & Salary Administration Consulting - towson.edu/procurement
KEY INFORMATION SUMMARY SHEET
Compensation & Salary Administration Consulting Services
TU-2020
RFP ISSUE DATE: 8/22/19
RFP ISSUING OFFICE: Towson University Procurement Office
PROCUREMENT OFFICER REPRESENTATIVE:
Michelle Compton
Phone: 410-704-2050
Fax: 410-704-8233
Email: MLCompton@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 – 11:00AM, Administration Building, Room 408.
DEADLINE FOR QUESTIONS: 9/6/194:30PM
PROPOSALS DUE: 9/13/192:00PM
CONTRACT TERM: October 2019 March 2020
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.
TU-2020Compensation & Salary Administration Consulting - 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.: ____________________ Project Title:_____________________________________________________
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:________________
Request for Proposals (RFP)
Table of Contents
Procurement
TU-2020 Compensation & Salary Administration Consulting - towson.edu/procurement
SECTION I. INFORMATION FOR OFFERORS ..................................................................................................... 3
A. SUMMARY STATEMENT .............................................................................................................................................. 3
B. ISSUING OFFICE AND PROCUREMENT OFFICER.................................................................................................. 3
C. PRE-PROPOSAL CONFERENCE ................................................................................................................................... 3
D. QUESTIONS AND INQUIRIES ..................................................................................................................................... 3
E. PROPOSAL DUE DATE .................................................................................................................................................. 3
F. DURATION OF PROPOSAL OFFER ............................................................................................................................. 3
G. PROCUREMENT METHOD ........................................................................................................................................... 3
H. BASIS FOR AWARD ....................................................................................................................................................... 3
I. ALTERNATE PROPOSALS ............................................................................................................................................ 4
J. MINORITY BUSINESS ENTERPRISE UTILIZATION ............................................................................................... 4
SECTION II. GENERAL INFORMATION FOR OFFERORS ................................................................................. 5
A. PURPOSE ......................................................................................................................................................................... 5
B. ADDENDA TO THE RFP ................................................................................................................................................ 5
C. PRE-PROPOSAL MODIFICATION OR WITHDRAWAL OF OFFERS ...................................................................... 5
D. CANCELLATION OF SOLICITATION/REJECTION OF ALL PROPOSALS ............................................................. 5
E. DISCUSSIONS ................................................................................................................................................................. 5
F. ORAL PRESENTATIONS ............................................................................................................................................... 5
G. INCURRED EXPENSES ................................................................................................................................................. 5
H. ARREARAGES ................................................................................................................................................................. 5
I. VERIFICATION OF REGISTRATION AND TAX PAYMENT.................................................................................... 5
J. ECONOMY OF PREPARATION .................................................................................................................................... 5
K. PUBLIC INFORMATION ACT NOTICE ....................................................................................................................... 5
L. EXECUTION OF PROPOSALS ...................................................................................................................................... 6
M. DISCREPANCIES, EXPLANATIONS AND CLARIFICATIONS ................................................................................ 6
N. ORDER OF PRECEDENCE ............................................................................................................................................. 6
O. REQUIRED CONTRACT PROVISIONS ........................................................................................................................ 6
P. OFFEROR RESPONSIBILITIES .................................................................................................................................... 7
Q. FALSE STATEMENTS .................................................................................................................................................... 7
R. PAYMENT TO THE CONTRACTOR; TAXES .............................................................................................................. 7
S. PRESS RELEASES .......................................................................................................................................................... 7
T. RECIPROCAL PREFERENCE......................................................................................................................................... 7
U. VENDOR ELECTRONIC FUNDS TRANSFER REGISTRATION ............................................................................... 7
TU-2020 Compensation & Salary Administration Consulting - towson.edu/procurement
V. NON-VISUAL ACCESS ................................................................................................................................................... 7
W. INTERGOVERNMENTAL COOPERATIVE PURCHASING ....................................................................................... 7
X. PARKING .......................................................................................................................................................................... 8
Y. SMOKING ......................................................................................................................................................................... 8
SECTION III. EVALUATION PROCEDURE ........................................................................................................... 9
A. EVALUATION COMMITTEE ......................................................................................................................................... 9
B. QUALIFYING PROPOSALS ........................................................................................................................................... 9
C. TECHNICAL EVALUATION .......................................................................................................................................... 9
D. FINANCIAL EVALUATION ........................................................................................................................................... 9
E. DISCUSSIONS - BEST AND FINAL OFFERS ............................................................................................................. 9
F. EVALUATION CRITERIA .............................................................................................................................................. 9
G. FINAL RANKING AND SELECTION ............................................................................................................................ 9
H. DEBRIEFING.................................................................................................................................................................... 9
SECTION IV. INFORMATION REQUIRED IN ALL PROPOSALS .................................................................... 10
A. ORGANIZATION OF PROPOSAL SUBMISSION ..................................................................................................... 10
B. TRANSMITTAL LETTER .............................................................................................................................................. 10
C. TECHNICAL PROPOSAL ............................................................................................................................................. 10
D. TECHNICAL PROPOSAL CONTENTS ....................................................................................................................... 10
E. PRICE PROPOSAL ......................................................................................................................................................... 12
F. BID/PROPOSAL AFFIDAVIT ....................................................................................................................................... 12
G. CONTRACT AFFIDAVIT .............................................................................................................................................. 12
H. ADDENDA ACKNOWLEDGMENT FORM ................................................................................................................. 12
SECTION V. HUMAN RESOURCES CONSULTING SERVICES ......................................................................... 13
A. PROJECT OVERVIEW .................................................................................................................................................. 13
B. BACKGROUND INFORMATION ................................................................................................................................. 13
C. SCOPE OF WORK, TASKS, AND DELIVERABLES ................................................................................................. 13
Attachment 1 Level of Effort
Financial Proposal Worksheet
EXHIBITS
Exhibit A Required Contract Provisions
Exhibit B Bid/Proposal Affidavit
Exhibit C Contract Affidavit
Exhibit D Sample Agreement
Exhibit F Company Profile
Exhibit G Firm Experience
Exhibit K Addenda Acknowledgment
Exhibit L Key Personnel Form
Exhibit P Pre-proposal Conference Response
TU-2020 Compensation & Salary Administration Consulting - towson.edu/procurement
SECTION I. INFORMATION FOR OFFERORS
A. SUMMARY STATEMENT
Towson University (TU) is seeking a consultant to facilitate improvement of the compensation and salary
administration programs for its faculty and exempt salaried employees. TU desires a consultant with
experience and expertise in compensation program design in a higher education environment, and
familiarity with the culture and job hierarchies typically found in a university setting.
University would like for the project to begin in October 2019 and be complete by March of 2020.
B. ISSUING OFFICE AND PROCUREMENT OFFICER
The sole point of contact in the State for purposes of this RFP 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 offeror to contact members of the evaluation
committee or otherwise circumvent this procedure in any manner may be grounds for disqualification.
C. PRE-PROPOSAL CONFERENCE
A pre-proposal conference will be held as noted on the Key Information Summary Sheet. Offerors shall
submit questions in writing to the Procurement Officer prior to the pre-proposal conference. Offerors are
encouraged to attend.
To ensure adequate seating, all potential offerors should confirm attendance by returning the Pre-
Proposal Conference Response Form (Exhibit P), not less than 48 hours in advance of the conference.
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
Offerors shall direct all communications regarding this solicitation to the Procurement Officer. Submit
questions 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 offerors known
to have received the RFP.
E. PROPOSAL DUE DATE
Proposals must be received at the Issuing Office by the date and time indicated in the Key Information
Summary Sheet. Requests for extensions will not be granted, nor will late proposals, late requests for
modification, or late requests for withdrawal be considered. Unless specifically requested, proposals
submitted electronically or by fax will not be accepted.
F. DURATION OF PROPOSAL OFFER
Proposals submitted in response to this RFP are irrevocable for 90 days following the closing date for
proposals or, if requested, the due date for best and final offers (BAFO). This period may be extended by
mutual written agreement between the offeror and the University.
G. PROCUREMENT METHOD
This solicitation shall be conducted in accordance with the University System of Maryland (USM) Board
of Regents Procurement Policies and Procedures. The procurement method is Competitive Sealed
Proposals.
H. BASIS FOR AWARD
TU-2020 Compensation & Salary Administration Consulting - towson.edu/procurement
1. The University may classify a proposal as "not reasonably susceptible of being selected for award"
if it is incomplete or does not meet minimum requirements. The University may also determine
that an offeror is non-responsible, i.e., does not have the capacity in all respects to perform the
work required. Should a proposal be judged not reasonably susceptible of being selected for
award, or an offeror found not responsible, the proposal will not be considered further; offeror
will be notified accordingly.
2. Proposals will be evaluated by an evaluation committee. The committee will recommend award
to the responsible offeror whose proposal is determined to be the most advantageous to the
University, considering both technical factors and price.
3. Award pursuant to this solicitation is final only upon approval by the appropriate office of the
University System of Maryland (USM) and/or the State of Maryland, and contract execution on
behalf of the University.
I. ALTERNATE PROPOSALS
Neither multiple nor alternate proposals will be accepted.
J. MINORITY BUSINESS ENTERPRISE UTILIZATION
Minority business enterprises are encouraged to respond.
END OF SECTION I.
TU-2020 Compensation & Salary Administration Consulting - towson.edu/procurement
SECTION II. GENERAL INFORMATION FOR OFFERORS
A. PURPOSE
The purpose of this solicitation is to provide information to offerors interested in preparing and
submitting proposals to meet the requirements contained herein. Offerors shall familiarize themselves
with each section and subsection of this document.
B. ADDENDA TO THE RFP
The University reserves the right to amend this solicitation at any time prior to the proposal due date. If
it becomes necessary to amend any part of this solicitation, the Procurement Officer will furnish addenda
to all prospective offerors known to the University to have received a copy of the RFP.
C. PRE-PROPOSAL MODIFICATION OR WITHDRAWAL OF OFFERS
Proposals may be modified or withdrawn by written notice received at the Issuing Office at any time
before the proposal due date and time.
D. CANCELLATION OF SOLICITATION/REJECTION OF ALL PROPOSALS
The University reserves the right to cancel this RFP, to accept or reject any or all proposals, in whole or
in part, received in response to this RFP, and to waive or permit cure of minor irregularities as its best
interests may require.
E. DISCUSSIONS
The University reserves the right to conduct discussions with all qualified or potentially qualified offerors,
in any matter necessary to serve its best interests. The University also reserves the right to award a
contract based upon written proposals received, without discussions or negotiations.
F. ORAL PRESENTATIONS
Offerors may be required to make oral presentations to University representatives. The Procurement
Office will provide notice of the time and place for presentations.
G. INCURRED EXPENSES
The University assumes no responsibility for expenses incurred by offeror in preparing and submitting a
proposal, making an oral presentation, or participating in discussions or any other activity in response
to this RFP.
H. ARREARAGES
By submitting a response to this RFP, offeror 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 award.
I. VERIFICATION OF REGISTRATION AND TAX PAYMENT
Each prospective offeror 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 closing date. Failure to complete registration with the State Department of
Assessments and Taxation (SDAT) may disqualify an otherwise successful offeror from recommendation
for contract award.
J. ECONOMY OF PREPARATION
Proposals should be prepared simply and economically, providing a straight-forward, concise description
of the offeror's ability to fulfill the requirements of this solicitation.
K. PUBLIC INFORMATION ACT NOTICE
Offeror shall give specific attention to identification of those portions of its proposal considered
confidential, or containing proprietary information or trade secrets. Upon request, offeror shall provide
TU-2020 Compensation & Salary Administration Consulting - towson.edu/procurement
justification why such material should not be disclosed by the University under the Public Information
Act, Title 4, Subtitle 3 of the General Provisions Article, Annotated Code of Maryland.
L. EXECUTION OF PROPOSALS
Proposals shall be typewritten or written legibly in ink, and signed in ink as follows, depending on the
offeror's form of business organization:
1. Sole Proprietorship. Proprietor shall sign full name, with address.
2. Partnership and Joint Venture. Submit the proposal 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 offeror’s proposal. Reasonable evidence satisfactory to the University of
the authority of one partner to bind other purported partners is required. It is recommended that
the proposal contain 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 included in the proposal. At the University's option, all
general partners may be required to sign the proposal. Failure to present the University with
satisfactory information concerning a purported partnership or joint venture may be grounds for
finding a proposal unacceptable.
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.
M. DISCREPANCIES, EXPLANATIONS AND CLARIFICATIONS
Should offeror find discrepancies in the specifications or other provisions included in this solicitation, or
be in doubt as to the meaning or intent of any section or subsection herein, offeror 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 offeror for expenses made necessary by reason of later interpretation of the
contract documents, and offeror shall be bound to the University's interpretation. Request clarifications
in accordance with the instructions above.
N. ORDER OF PRECEDENCE
The contract to be entered into as a result of the RFP ("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. Offeror's proposal.
No modifications to this order of precedence will be accepted.
O. REQUIRED CONTRACT PROVISIONS
All proposals submitted, and the contracts executed by the successful offeror(s), are subject to Exhibit A
and Exhibit A-1 (if applicable).
By submitting a proposal, offeror is deemed to have accepted the terms of this RFP, including exhibits; a
proposal that takes exception to the terms of the RFP may be rejected. Exceptions, if any, must be clearly
identified in the Transmittal Letter enclosed with the technical proposal. 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.
TU-2020 Compensation & Salary Administration Consulting - towson.edu/procurement
P. OFFEROR RESPONSIBILITIES
The successful offeror shall be responsible for all products and services required by this RFP.
Subcontractors, if any, must be identified and a complete description of their role relative to the project
must be identified.
Q. FALSE STATEMENTS
Offerors 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.
R. PAYMENT TO THE CONTRACTOR; TAXES
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.
S. PRESS RELEASES
The successful offeror shall issue no press release to any publication, including newspapers, with regard
to work being conducted under this contract.
T. RECIPROCAL PREFERENCE
While Maryland law does not authorize state agencies to favor resident offerors, some 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 offeror whose headquarters, principal base of operations,
or principal site that will provide the services required by this RFP 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.
U. 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/ (double-click on link). The form will be provided to all successful bidders as part of the contract
process.
V. 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 this RFP is the basis for the standards that have been incorporated in the Maryland
regulations.
W. 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
TU-2020 Compensation & Salary Administration Consulting - towson.edu/procurement
documents; Towson University assumes no contractual obligations on behalf of other users of its
contracts.
X. 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.
Y. 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.
TU-2020 Compensation & Salary Administration Consulting - towson.edu/procurement
SECTION III. EVALUATION PROCEDURE
A. EVALUATION COMMITTEE
All technical proposals 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 proposals will be evaluated independently.
B. QUALIFYING PROPOSALS
Proposals shall be initially reviewed for compliance with the solicitation requirements. Failure to comply
with solicitation requirements may result in a proposal being classified as not reasonably susceptible of
being selected for award. Minor irregularities in proposals 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. TECHNICAL EVALUATION
1. After determining compliance with the RFP’s minimum requirements, the evaluation committee
will assess and rank technical merit of each proposal in accordance with the criteria below.
2. At the discretion of the Procurement Officer following recommendation by the evaluation
committee, a shortlist of qualified proposals may be established during the technical evaluation.
Only shortlisted offerors would continue in the evaluation process; offerors not short-listed shall
be so advised.
D. FINANCIAL EVALUATION
Price proposals will be evaluated separately from Technical Proposals.
E. DISCUSSIONS - BEST AND FINAL OFFERS
1. The Procurement Officer may invite one or more qualified offerors for oral presentations of their
proposals. Discussions or negotiations may be conducted with qualified offerors. The
Procurement Officer reserves the right to make award without discussions or negotiations.
2. When in the best interest of the University, the Procurement Officer may request that qualified
offerors revise their initial proposals by submitting best and final offers.
F. EVALUATION CRITERIA
1. Technical and financial merit shall be accorded equal importance.
2. The technical evaluation criteria are listed below in descending order of importance:
a. extent to which the offeror’s proposal meets the RFP objectives,
b. offeror past performance and experience in higher education settings,
c. offeror capacity, management, and personnel, and
d. overall quality of proposal relative to adherence to instructions and requested format.\
G. FINAL RANKING AND SELECTION
Following evaluation of the technical and price proposals, the evaluation committee will recommend to
the Procurement Officer award to the responsible offeror whose proposal is determined to be the most
advantageous to the University.
H. DEBRIEFING
Unsuccessful offerors may request debriefing by written request to the Procurement Officer, made prior
to award. Debriefings shall be limited to discussion of each unsuccessful offeror's proposal.
END OF SECTION III.
TU-2020 Compensation & Salary Administration Consulting - towson.edu/procurement
SECTION IV. INFORMATION REQUIRED IN ALL PROPOSALS
A. ORGANIZATION OF PROPOSAL SUBMISSION
1. Two-Volume Submission. Submit the proposal in sealed envelopes or packages, with the RFP
number, due date, and offeror's name on the outside of each package or envelope.
2. The technical proposal shall be sealed separately from the financial proposal but submitted
simultaneously. Submit one (1) original, so identified, and 7 copies of each volume; each shall be
page numbered beginning with “1.”
3. Enclose one electronic version of the technical proposal in MS Word or .pdf format, and the
Financial Proposal in MS Excel or .pdf format, in the original technical and financial volumes,
respectively. Electronic media may be a CD or USB, and must be labeled on the outside with
RFP number and title, offeror name, and the volume number.
4. If product literature and other publications are needed to supplement offeror’s response, include
a reference to the document name and page in text, and insert the product literature, etc.
following the last section of the response.
B. TRANSMITTAL LETTER
Each technical proposal shall be covered by a transmittal letter, prepared on the offeror’s business
stationery, signed by an individual who is authorized to bind the firm to all statements, proposed services,
and prices offered. Do not include price information in the transmittal letter.
C. TECHNICAL PROPOSAL
1. Submit the technical proposal in a sealed envelope or package separate and apart from the
financial proposal. Ensure that it is page-numbered and prepared in a clear and concise
manner that addresses each part of the RFP. Do not include price information in the technical
proposal.
2. Organize the technical proposal in the same sequence as Section V of this RFP, and address each
separate item herein, confirming compliance and describing in detail how offeror
proposes to meet or exceed each requirement.
D. TECHNICAL PROPOSAL CONTENTS
1. Executive Summary. A brief synopsis that demonstrates offeror’s understanding of the
University’s requirements, highlighting offeror’s proposed solution.
2. Technical Proposal. Narrative discussing all objectives and requirements as outlined in Section V
of this RFP. Organize the technical response in the same sequence as Section V of this RFP, and
address each separate item herein, confirming compliance and describing in detail how offeror
proposes to meet or exceed each requirement.
3. Company Profile. Complete the Company Profile form included with this RFP (Exhibit F), noting
the website to be consulted for additional company information.
4. Subcontractors. List each subcontractor proposed for the University’s contract, with a complete
description of its role and involvement. Duplicate the "Company Profile" form as necessary for
this response.
5. Offeror Experience on Similar or Relevant Projects. Complete the Firm Experience Form (Exhibit
G), providing not less than three comparable projects previously undertaken by offeror. Identify
the similarities and differences between projects recently completed and the proposed project.
Documented success with higher education institutions (IHEs) is preferred. The University
reserves the right to make such investigations, as it deems necessary to confirm the responsibility
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of offeror. In the absence of information clearly indicating that the offeror is responsible, the
Procurement Officer shall make a determination of non-responsibility.
6. Approach. Offeror shall provide comprehensive responses to the following:
a. Planning.
i. Describe your approach to planning for a project of this size and scope.
ii. Describe activities that would occur in the planning phase of the implementation.
b. Discovery.
i. Describe your methodology for discovery.
ii. Describe any tools/techniques you have developed to facilitate the process.
iii. Describe best practices you have used in previous implementations, and how that
experience can benefit the University.
c. Staffing & Organization
i. Provide a staffing plan including, the proposed staff, and work location
(onsite/remote).
ii. Using Exhibit L, provide the names of personnel proposed for the University’s
project, if awarded, emphasizing qualifications and specific experience on
contracts similar in scope and volume to the requirements of this project. The
University, at its sole discretion, reserves the right to request personnel changes
if deemed in the best interest of the contract.
iii. Specify the staffing required by the University, including descriptions of the roles
and responsibilities, skill-sets needed, and the level-of-effort/time commitment
expected from each resource.
d. Project Timeline
i. Provide a comprehensive project plan outlining how you will complete the
project.
1. Project Plan shall include a schedule of itemized tasks, and level-of-effort
in accordance with Financial Proposal Worksheet (i.e., a breakdown of
the overall hours proposed for each high-level task on the Price Proposal
Form delineated into smaller sub-tasks).
ii. Identify any special considerations, implications, or issues.
e. Project Management
i. Describe your project management methodology, and any project management
tools you may use.
ii. Explain how you ensure the project is delivered on-time, and on-budget, without
scope creep, while satisfying all requirements.
f. Communication
i. Describe your approach for Communication throughout the project.
ii. Explain your process to identify and communicate with various populations
across the University.
g. Training & Knowledge Transfer.
i. Describe your approach for providing knowledge transfer to the University
during the project.
ii. Describe your approach for transitioning the project and on-going support to the
University after completion.
7. Level of Effort. Complete the Level of Effort form included with this RFP (Attachment 1), to include
the proposed number of consultants and the total proposed number of hours.
TU-2020 Compensation & Salary Administration Consulting - towson.edu/procurement
8. The University reserves the right to request offeror to furnish its most recent annual financial
statements or other financial report to confirm financial capacity and stability.
E. PRICE PROPOSAL
1. Use the Price Proposal Form included in RFP Section V to submit the prices and rates. Submit
the price proposal separately sealed, and apart from the technical proposal.
2. Include on the Price Proposal form any charges that may be applicable to the work, but have not
been requested. All prices and rates offered shall be firm for the initial contract term.
F. BID/PROPOSAL AFFIDAVIT
Complete the Bid/Proposal Affidavit (Exhibit B) and enclose with the technical proposal.
G. CONTRACT AFFIDAVIT
The Contract Affidavit included in this solicitation as Exhibit C is a sample, for information purposes only.
If a contract is awarded as a result of this procurement, only the successful offeror must complete the
Contract Affidavit; do not enclose it with the technical proposal.
H. ADDENDA ACKNOWLEDGMENT FORM
Should one or more addenda be issued to this RFP, offerors shall acknowledge receipt of each on the
Addenda Acknowledgment Form (Exhibit K). Identify each addendum by number and date, sign the form,
and enclose it with the technical proposal.
END OF SECTION IV.
TU-2020 Compensation & Salary Administration Consulting - towson.edu/procurement
SECTION V. HUMAN RESOURCES CONSULTING SERVICES
A. PROJECT OVERVIEW
Towson University (TU), one of the nation’s top regional public universities located in Towson, Maryland
and a part of the University System of Maryland (USM), is seeking a consultant to provide technical
consulting services for a two pronged project to assess and recommend changes to compensation and
salary administration programs for our faculty and exempt salaried staff. An assessment of the current
market competitiveness of exempt staff salaries and the design of an overall compensation program
consistent with industry best practices and USM compensation principles. Also required is an analysis of
the faculty pay program and assistance establishing benchmarking practices and salary administration
guidelines to ensure market competitiveness and internal equity.
B. BACKGROUND INFORMATION
TU is one of 12 distinct and complementary institutions of higher education that comprise USM.
There are approximately 700 full-time faculty in seven colleges that comprise TU. TU seeks to provide
salaries for faculty that are adequate to attract and retain individuals with the qualifications and level of
performance necessary to reach and maintain the highest levels of excellence in education. As a
constituent institution of USM, TU is responsible for a faculty salary structure, compensation guidelines,
and assessment of market position based on participation in national surveys. The Office of the Provost
is responsible for the oversight of all academic programs and services.
Each institution is responsible for compensating exempt staff employees according to three principles:
Market Based - pay ranges and structures that are competitive within the institution’s respective
employment market; Internal Job Value - assignment of jobs to pay ranges to reflect the relative value of
jobs within the institution; Individual Pay employees are paid according to job value and their
contribution to the institution’s mission.
Each institution is responsible for designing a compensation program for exempt staff consistent with the
principles above. Elements of the program include but are not limited to: starting salaries; salary
structures; salary changes; salary guidelines; pay philosophy; job classifications and reclassifications;
establishment of positions, and determination of range assignments and pay for positions. USM maintains
a wide salary range structure with five pay ranges for exempt staff positions. Exempt positions do not
have a common set of specifications across USM due to the diverse and complex nature of exempt jobs
throughout the system; however, there is a series of available budgeted job titles assigned to job codes
into which jobs are classified. TU has approximately 800 classified exempt staff, assigned to
approximately 185 job codes. Market competitiveness and internal equity have been managed by
HR/Compensation by independently reviewing each position for assignment of a job code, and placement
into one of the associated five ranges, determining specific salaries through a process of internal equity
and market analysis, and consultation with managers and supervisors.
C. SCOPE OF WORK, TASKS, AND DELIVERABLES
Scope of Work
o Based on a review and assessment of the current compensation programs for faculty and exempt
staff:
develop a compensation philosophy
establish a benchmarking standard and process
analyze market competitiveness and current pay levels
recommend a market competitive salary structure
recommend salary administration guidelines
recommend tools and processes for ongoing management
Tasks
TU-2020 Compensation & Salary Administration Consulting - towson.edu/procurement
o Review and evaluate current processes and practice with representatives of HR and Provost
Office
o Selected leadership and staff interviews to determine key priorities and considerations
o Review available job descriptions and recommend format and collection method for additional
information needed
o Market matching and data collection to include USM and other agreed upon relevant market data
o Analysis of current market competitiveness
Deliverables
o Faculty Compensation Program
Pay philosophy statement, including determination of referential market and market
pay target
Recommendations on standardization of benchmarking process for each academic
discipline
Analysis of current market competitiveness, and recommendation for short-term and
long-term pay actions
Recommendation of salary administration guidelines
Recommendation for faculty salary structure to meet TU needs and align with
USM
guidelines
o Exempt Staff Compensation Program
Pay philosophy statement, including determination of referential market and market
pay target
Recommendations on standardization of benchmarking process
Analysis of current market competitiveness, and recommendation for short-term and
long-term pay actions
Recommendation of salary administration guidelines
Recommendation for exempt salary structure to meet TU needs and align with
USM
wide structure
Creation of job description repository
Recommendations for job description format and documentation to add clarity and
transparency to career and salary progression
Recommendations of assignment/reassignment of jobs to range structure to align job
hierarchies
Recommendations for additional exempt titles and codes needed to manage and
maintain classification system
TU reserves the right to review each deliverable prior to acceptance.
END OF SECTION V.
Attachment 1 - Level of Effort:
Please provide the level of effort expected, to include the proposed number of consultants and
the proposed number of hours, to be required for each deliverable and sub-section listed below.
Deliverable
Sub-Section
(If using same consultant for
multiple sub-sections please
indicate as such below)
Estimated Total
No. of Hours
1. Faculty
Compensation
Program
Pay philosophy
statement, including
determination of
referential market and
market pay target
Recommendations on
standardization of
benchmarking process
for each academic
discipline
Analysis of current
market competitiveness,
and recommendation for
short-term and long-term
pay actions
Recommendation of
salary administration
guidelines
Recommendation for
faculty salary structure to
meet TU needs and align
with USM guidelines
Sub-Total for
Deliverable 1:
2. Exempt Staff
Compensation
Program
Pay philosophy
statement, including
determination of
referential market and
market pay target
Recommendations on
standardization of
benchmarking process
Analysis of current
market competitiveness,
and recommendation for
short-term and long-term
pay actions
Recommendation of
salary administration
guidelines
Recommendation for
exempt salary structure
to meet TU needs and
align with USM wide
structure
Creation of job
description repository
Recommendations for
job description format
and documentation to
add clarity and
transparency to career
and salary progression
Recommendations of
assignment/reassignment
of jobs to range structure
to align job hierarchies
Recommendations for
additional exempt titles
and codes needed to
manage and maintain
classification system
Sub-Total for
Deliverable 2:
Total for Deliverable 1 & 2
Deliverable Sub Tasks Lump Sum Price Per Task
1. Faculty Compensation Program Pay philosophy statement, including determination of referential market and market pay target
Recommendations on standardization of benchmarking process for each academic discipline
Analysis of current market competitiveness, and recommendation for short-term and long-term pay actions
Recommendation of salary administration guidelines
Recommendation for faculty salary structure to meet TU needs and align with USM guidelines
-
$
2. Exempt Staff Compensation Program
Pay philosophy statement, including determination of referential market and market pay target
Recommendations on standardization of benchmarking process
Analysis of current market competitiveness, and recommendation for short-term and long-term pay actions
Recommendation of salary administration guidelines
Recommendation for exempt salary structure to meet TU needs and align with USM wide structure
Creation of job description repository
Recommendations for job description format and documentation to add clarity and transparency to career and salary
progression
Recommendations of assignment/reassignment of jobs to range structure to align job hierarchies
Recommendations for additional exempt titles and codes needed to manage and maintain classification system
-
$
-$
Consultant Fully Loaded Hourly Rate: $
Authorized Signature:
(Note: Additional Fees include any additional services related to the specifications that TU may request on an as needed basis. TU reserves the right to reject any
bid that utilizes a bid rate that is substantially higher than industry standards.)
Additional Fees:
RFP # TU-2020
Compensation and Salary Administration Consulting Services
Financial Proposal Worksheet
Total Lump Sum for Deliverable 1.
Total Lump Sum for Deliverable 2.
Total Proposed Amount ( Lump Sum for Deliverable 1 + Lump Sum for Deliverable 2)
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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Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/
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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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Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/
procurement
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 D
Sample Agreement
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This Agreement made the _________ day of __________________________, Two Thousand and ____, by and
between _________________________, herein called "Contractor" and Towson University, herein called "University."
Witnesseth, that the Contractor and the University, for the consideration here mentioned agree as follows:
Article 1. Scope of ContractThe Contractor shall furnish all materials and perform all of the work described in the
Contract Documents, and shall comply with all of the terms and conditions of the Contract Documents, all of which are
made a part hereof and are referred to herein as "the Contract."
Article 2. Contract Documents The Contract between the parties is set forth in the Contract Documents which consist
of the following, listed in their order of precedence:
A. This Contract,
B. Towson University Request for Proposal, for the Procurement of ____________________________,
Towson University, RFP No. _________ including all attachments, exhibits, and addenda, and subsequent
Purchase Order, and
C. Contractor's Proposal dated ______________, submitted in response to the RFP (hereinafter referred to as
the "Proposal").
In the event of a conflict between the terms and conditions of any of the Contract Documents, the controlling
terms and conditions shall be in the above listed order of precedence.
Article 3. ServicesThe Contractor's performance under this Contract shall be in accordance with the requirements
generally set forth in the RFP and specifically described in Section V., Specifications and as set forth in the Contractor's
Technical Proposal.
Article 4. Term of ContractThe term of the contract shall be one year from the date that the University provides the
Contractor with a Notice to Proceed. The University shall have the option to exercise four annual renewal options, said
options to be exercised at the sole discretion of the University. Should the University elect to renew the contract, all
prices, terms and conditions will remain in effect.
Article 5. Contract Price The University shall pay the Contractors as follows:
Total Project Cost $ _______________
Article 6. Payment of State Obligations Contractor will be paid for services rendered in accordance with the terms
and conditions of the Contract Documents and upon submission of proper invoices submitted to the Towson University,
Accounts Payable Office. The Contractor's Federal Identification Number and the University's Purchase Order number
must be included on all invoices. Towson University is exempt from the payment of taxes and shall provide the
Contractor with a copy of taxexempt certificate upon request.
Electronic funds will be used by the State to pay Contractor for this Contract and any other State payments due
Contractor unless the State Comptroller’s Office grants Contractor an exemption.
Article 7. Limitation of Liability The University shall not be liable for any indirect, special or consequential damages,
such as loss of anticipated profits or other economic loss in connection with or arising out of the services provided in
the Contract.
Article 8. Assignment University may assign this Contract with Contractor's written consent, which shall not be
unreasonably withheld.
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Article 9. Entire Agreement This Contract, including all Contract Documents, constitutes the entire agreement
between the University and the Contractor. No waiver, modification or amendment of any of the terms or conditions
hereof shall be effective unless set forth in writing and duly signed by the Contractor and the University.
IN WITNESS WHEREOF, the parties have executed this Contract by their duly authorized officer, agents or
official on the day and year first above written.
CONTRACTOR
Witness
Corporate Officer or Authorized Agent
Date
Printed Name & Title
TOWSON UNIVERSITY
Witness
Authorized Agent
Date
Printed Name & Title
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 K
Addenda Acknowledgement
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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
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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
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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
Exhibit P
Pre-Bid/Proposal Conference Response Form
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Project Name: ____________________________________________________________
Project No.: __________________
Company/Firm/Bidder/Offeror Name: ____________________________________
Contact Name: __________________________________
Phone: ________________________________
Email: ________________________________
A Pre-Bid/Proposal Conference will be held on _______________________ in the Administration Building, 7720 York
Road, 4
th
Floor, Room ____________. Please return this form not later than ____________________ to RSVP attendance
to the conference.
I will attend the Pre-Bid/Proposal Conference: Yes No
I intend to bid/propose for the above referenced solicitation: Yes No
If you will attend the Pre-Bid/Proposal Conference, please indicate the following:
Number of representatives that will attend the Pre-Bid/Proposal Conference: ___________________________
Number of vehicles (for parking purposes): ______________________________________________________
Helpful Links:
Campus Map: http://www.towson.edu/maps/index.html
Parking Information: http://www.towson.edu/parking/visitors/index.html
ADA Accommodations: https://www.towson.edu/maps/documents/campus-map_accessibility.pdf