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STATE OF MARYLAND
DEPARTMENT OF pUBLJC SAFETY AND CORRECTIONAL SERVICES
CONTRACTUAL AGREEMENT
DPSCSQ0016037 -CELL PHONE MANAGED ACCESS AT
METROPOLITAN TRANSITION CENTER (MTC) AND BALTIMORE CITY DETENTTION
CENTER (BCDC)
WITH
TECORE NETWORKS
THIS CONTRACT (the "Contract") is made this 9111dayof February, 2016 by and between Tecore
Networks and the STATE OF MARYLAND, acting through the Department of Public Safety and
Corroctfonal Services.
In consideration of the promises and the covenants herein contained, the parties agree as foJJows:
In this Contract, the following words have the meaninga indicated:
1.1
"COMAR" means Code of Maryland Regulations.
1.2
"Contract Monitor" means tho Deparbnent employee Identified in Section 34 of the Contract.
1.3
"Contractor" means Tecore Networks whose prinoipal business address is 7030 Hi Tech Drive,
Hanover, MD 21076.
1.4
"Department" means the Department of Public Safety and Correctional Services.
1.5
"Procurement Offiger" means the Department employee identified in Section JS of the ContraQt.
1.6
''State" means the State of Maryland.
2.
Scope of Contract
2.1
The Contractor shall provide cell phone 1nanaged access support and maintenance services at the
Metropolitan Transition Center (MTC) and Baltimore City Detention Center (BCDC) in
accordance with the Contract and the incorporated Exhibits A-P Usted in this section. If there ia
any conflict between this Contract and the Exhibits, the terms of t'1e Contract shall govern. If
there is any conflict among the Exhibits, the following order of 'Precedence shall detennine the
prevailing provision:
Exhibit A-Contractor's Scopo of Work for Maintenance and Services
Exhibit 8 - Contractor's Price Proposal Dated January 29, 2016
Exhibit C - State Contract Affidavit
Exbiblt D- Bid/ Proposal Affidavit
Exhibit E -Living Wage Affidavit
Exhibit F -MBE Utilizt1tion and Fair Solicitation Affidavit & MBB Participation Schedule
2.2
The Procurement Officer may. at any time. by written order, make changes in the work within the
general scope of the Contract. No other order, statement, or conduct of the Procurement Officer
or any other person shall be treated as a change or entitle the Contractor to an equitable
adjustment under this section. Except as otherwise provided In this Contract, if any change under
this section causes an increase or decrease in the Contractor's cost of, or the time required for, the
performance of any part of the work. wheth~r or not changed by the ordel', an equitable
adjustment In the Contract price shall be made and the Contract modified in writing accordingly.
The Contractor must assert in writing its right to an adjustment under this seotion within thirty
(30) days of nKleipt of written change order and shall Include a written statement setting forth the
nature and cost of such claim. No claim by the Contractor shaJJ be allowed if assorted after final
payment under this Contract. Failure to agree to an adjustment under this section shall be a
dispute under the Disputes clause. Nothing in this section shall excuse tho Contractor from
prooeedlng with the Contract as changed.
2.3
While the Procurement Officer may, at any time. by written change order, make unilateral
changes in the work within the general scope of the Contract as provided in Section 2.2 above.
tho Contract may be modified by mutual agreement of the parties, provided: (a) the modification
is made in writing; (b) a11 parties sign the modification; and (c) all approvals by the required
agencies as described in COMAR Title 21, are obtained.
2.4
If any tenn contained in this contract is held or finally detonnined to be invalid, illegal or
unenforceable in any respect, in whole or in part, such term shall be severed from this contract
and the remaining terma contained herein shall continue In full force and effect, and shall In no
way be affected, prejudiced or disturbed nearby.
3.
Period of Performance.
3. I
Tho Contract resulting shall be for a period of approximately one (I) year beginning on or about
Mayl, 2016 and ending on April 30, 2017. The term of this Contract begins on the date th.e
Contract is 1igned by the Department following approval of the Board of Public Works, if such
approval is required. The Contractor shall provide services under this Contract upon receipt of
official notlfioation of award and a written Notice to Proceed issued by the Procurement Officer.
.3.2
Audit, oonfldentlality, document retention, indemnification obligations and any other proviaion of
this Contract which contemplates performance or observance subsequent to any termination or
~piration
of this Contract shalJ survive expiration or tennination of the Contract and continue in
full force and effect.
4.
Con1lderatlon aad Payment
4.1
Jn consideration of the satisfactory performance of the work set forth in this Contract, the
Department snail pay the Contractor in accordance with the terms of this Contract and at the
pricea quoted on the Contractor's Pl·ice Proposal(Bxhibit F).
Unless properly modified (sec above Section 2.3), payment to the Contractor pursuant to this
Contract shaU not eKceed $520,000.00.
2
$60,000.00
$200.000.0Q
Monthly Service Fee: SS,000.00 x 12 months
Annual Maintenance f'ce:
Total
$l60,000.00each facility
Grand Total for both Facilities: $260.000.00 x 2 -= $ 520,000.00
Contractor shall notify the Contriwt Monitor, in writing. at least sixty (60) days before payments
reec~ the above specified amount. After notification by the Contractor, if the State fails to
increase the Contract amount, the Contractor ehaU have no obligation to perform under tbis
Contract after payments reach the stated amount; provided, however, that, prior to the stated
amount being reached, the Contractor shall: (a) promptly consult with the State and work in good
faith to establish a plan of action to assure that every reasonable effort has been undertalan by the
Contractor to complete State-defined critical work In progress prior to the date the statod amount
will be reached; and (b) when appllcabte secure de.ta.bases, systems, platforms, and/or
applications on which the Contractor is working so tha.t no damage or vulnerabilities to any of the
same will exist due to the existence of any such unfinished work.
4.2
Payment?! to tho Contractor shall be made no later than thirty (30) days after the Department's
receipt of a proper invoice for services provided by the Contractor, acceptance by the Department
of services provided by the Contractor, and pursuant to the conditionB outlined in Section 4 of this
Contract. Rach invoice for services rendered must include the Contractor's Federal Tax
ldentiflcation or Social Security Number for a Contractor who is an individuaJ which is 752424245. Charges for lale payment of invoices other than as prOBCrlbed at Md. Cede Ann., State
Finance and Procurement Article, § 1S-104 as from time-to-time amended, are prohibited.
lnvoicea shall be submitted to the Contract Monitor. Electronic funds transfer shall be used by
the State to pay Contractor pursuant to this Contract and any other Stam payments due Contractor
unless the State Comptroller's Office grants Contractor an exemption.
4.3
In addition to any other available remedies, if. in the opinion of the Procurement Officer, the
Contractor fails to perform in a satisfactory and timely manner, the Procurement Officer may
refuse or limit approval of any lnvoioe for payment. and may cause payments to the Contractor to
be reduced or withheld until such time as the Contractor meets perfonnance standards as
established by tho Procurement Officer.
4.4
Payment of an Invoice by the Department is not evidence that services were rendered ae required
under this Contract.
4.4
Contractor's eMarylandMar~tplace vendor ID m:imber is 268905.
4.5
Each invoice must contain the following Information:
•
•
•
•
•
•
•
Contractor name~
Remittance address;
Federal tax.payer identification number (or if aole proprietorship, the individual'a SOQial
security number);
Invoice period;
Invoice date;
Invoice number
State assigned Contract number;
3
•
•
•
•
'
State assigned (Blanket) Purchase Order number(s);
Goods or services provided; and
Amount due.
Any other documentation requested by the Department
and must be submitted to:
Accounts Payable
Maryland Department of Public Safety and Correctional Services
300 E. Joppa Road, Suite 1000
Towson, MD 21286
Invoices submitted without the required information cannot be proceaaed for payment until
the Contractor provides the required Information.
4.6
Invoicing Schedule:
Invoices shall be submitted by the 151" of the month for services rendered for the prior month.
5,
Rtcbts to Records
S.1
The Contractor agrees that all documents and materials including. but not limited to, software,
reports, drawings, studies, specitlcations, estimates, tests, maps, photosraphs, designs, graphics,
mechanical, artwork, computations, and data prepared by the Contractor for purposes of this
Contract shall be the sole property of the Stato and shall be available to the State at any time. The
State shall have the right to use the same without reatrietion and without compensation to the
Contractor other than that spocifioally provided by this Contract.
S.2
The Contractor agrees that at all times during the tenn of this Contract and thereaftert works
created as a de1iverable under this Contract, and services perfonned under this Contract shall be
"works made for hire0 as that tenn is Interpreted under U.S. copyright law. To the extent that any
products created as a deliverable under this Contract are not works made for hire for the State, the
Contractor hereby relinquishes, transferst and assigns to the Stato all of its rights, ·title, and
Interest (including all Intellectual property rigbts) to all suc.h products created under this Contract,
and will cooperate reasonably with the State In effectuating and registering any necessary
assignments.
5.3
The Contractor shaJI report to the Contract Monitor, promptly and in written detail, each notice or
claim of copyright il\fringement received by the Contractor with reapect to all data delivered
under this Contract.
S.4
The Contractor shall not affix any restrictive markings upon any data, documentation, or other
materials provided to the State hereunder and if such markings are affixed, the State shall have
the right at any time to modify, remove, obliterate, or ignore such warnings.
5.5
This Section 5 shall survive expiration of the Contract.
4
6.
Exelu1lve Use
The State shall have the exclusive right to use, duplicate, and disclose any data, information, documents,
records, or results, in whole or In -part, in any manner for eny purpose whatsoever, that may be created or
generated by the Contractor in conn~tion with this Contract. If sny matet·ial, including software, is
capable of being copyrighted, the State shall be the copyright owner and Contractor may copyright
material connected with this project only with the express written approval of the State.
7.
Patents, Copyrights, and Intellectual Property
7.1
If the Contractor furnishes any design, device, material, process, or other item, which is covered
by a patent, trademark or service mark, or copyright or which is proprietary to, or a trade secret
of, another, the Contractor shaH obtain the necessary permissJon or license to permit the State to
use such item or items.
7.2
The Contractor will defend or settle, nt its own el(pense, any claim or suit against tho State
alJeging that any such Item furnished by the Contractor infringes any patent. trademark, service
mark, copyright, or trade secret If a third party claims that a. producl Infringes that party's patent,
trad1:1mark, SCl'\lice mark, trade secret. or copyright, the Contractor will defend the State against
that claim at Contractor's expense and will pay aJI damage9, costs, and attomays• fees that a court
finally awards, provided the State: (a) promptly notifies the Contractor in writing of the claim~
and (b) allows Contractor to contr<>I and cooperates wlth Contractor in, the defense and any
related settlement negotiations. The obligations of this paragraph are in addition to those stated in
Section 7.3 below.
7.3
If any products furnished by the Contractor be.come, or In the Contractor's opinion arc likely to
become, the subject of a claim of infiingenumt, the Contractor will, at Its option and mc.pense: (a)
procure for the State the right to continue using the applicable item; {b) replace the product with a
non-infringing produot substantially complying with the item's specifications; or (c) modify the
item so that it becomes non-infringing and perfonns in a substantially similar manner to the
original item,
8.
Conftdentlallty
8.1
Subject to the Maryland Publlo Information Act end any other appllcabJe laws, including without
limitation, HlPAA, the HI-TECH ACT, Md the Maryland Medical Records Aet, alt confidential
or proprietary information and documentation relating to either party {including without
limitation, any infonnation or data stored within the Contractor's computer systems) shall be held
in absolute confidence by the other party. Each party shall, however, be permlt1ed to disclose
relevant confidential infonnation to its officers, agents, and employees to the extcmt that such
disclosure is necessary for the performance of their duties under this Contract, provided that the
data may be collected, used, disclosed, stored, and dissemina1cd only as provided by and
consistent with the law. The provisions of this section shall not apply to lnfonnation that (a) is
lawfully in the public domain~ (b) has been independently developed by the other party without
violation of this Contract; (c) was already in the possession of such party; (d) was supplied to
such party by a third party lawfuJly in possession thereof and legally permitted to further disoloso
t~e information; or (e) which such party le required to disclose by law.
8.2
This Section 8 shall survive expiration or termination of this Contract.
5
9.
Lou of Data
In the event of loss of eny State data or records where such loss is due to the intentional act or omission or
negJigence of the Contractor or any of its subcontractors or agents, the Contractor shall be responsible for
~resting suob lost data in the manner and on the schedule set by the Contract Monitor. The Contractor
shall ensure that all data is backed up and recoverable by the Contractor. Contract.or shall use its best
efforts to assure that at no time shall any actions undertaken by the Contractor under this Contract (or any
failum to act when Contractor has a duty to act) damage or orcate any vuJnerabilitics in data bases,
systems, platforms.. and/or appl !cations with which the Contractor is working hereunder.
10.
lndemnlfteadon
I0.1
The Contractor shall hold harmless and indemnify the State from and against any and all losses,
damages, claims, suits, actions, liabilities, and/or expenses:. including, without limitation,
attorneys' fees and disbursements of any character that arise from. are in connection with or arc
attributable to the performance or nonperformance of the Contractor or its subcontractors under
this Contract.
10.2
This indemnification clause shall not be oonstrued to mean that the Contractor shall indemnify the
State against liability for any losses, damage$, claims, suits, actions, liabilities, and/or expenses
that are attributable to the sole negligence of the State or the State's employees.
10.3
The State has no obligation to provide legal counsel or defense to the Contractor or its
subcontractors In the event that a suit, claim, or action of any character is brought by any person
not party to this Contract against the Contractor or its suboootraotors as a result of or relating to
the Contractor's performance under this Contract.
10.4
The State has no obligation for the p1tyment of any judgments or the settlement of any claims
against the Contractor or its subcontractors as a result of or relating to tho Contractor's
perfonnancc under this Contract.
10.5
The Contractor shall immediately notify tho Procurement Officer of any ciaim or suit made or
filed against the Contractor or its subcontractors regarding any matter resulting &om. or relating
to, the Contractor's obligations under the Contract, and will cooperate1 assist, and consult with the
State in tho defense or investigation of 11ny claim. suit, or action made or filed against the State as
a result of, or relating to, the Contractor's pelformanoe under this Contract.
10.6
This Section 10 shall survive tennination of this Contract.
U.
No11-Htrln1 of Employees
No offioi&J or employee of the State, as defined under Md. Code Ann., General Provisions Article, § SI 0 l, whose duties as such official or employee inolude mo.tters relating to or affecting the subject matter
of this Contract, shall, during the pendency and term of this Contract and while serving as m official or
employee of the State, become or be an employee of the Contractor or any entity that is a subcontractor
on this Contract.
6
12.
Dlsputea
This Contract shall be subject to the provisions ot Md. Code Ann., Stat.e Finance and Procurement
Article, Title 1S, Subtitle 2. and COMAR 21.10 (Administrative and Civil Remedies). Pending resolution
of a claim, the Contractor shall proceed diligently with the performance of the Contract In accordance
with the Procurement Officer's decision. Unless a lesser period is provided by applicable statute,
regulation, or the Contract, the Contractor must file a written notice of claim with the Procurement
Officer within thirty (30) days after the basis for the claim is known or should have been known,
whichever is earlier. The C.Ontnwtor must submit to the Procurement Officer its written claim containing
tile information specified in COMAR 21.10.04.02.
13.
Maryland Law
13.1
This Contract shall be construed, intorpretod, and enforced according to the laws of the State of
Maryland.
13.2
The Md. Code Ann .. Commercial Law Article. Title 22, Maryland Unifonn Computer
Information Transactions Act. does not apply to this Contract or to any purchase order or Notice
to Progocd issued under this Contract.
13.3
Any and all refetc>nces to the Maryland Code, Annotated contained in this Contract shall be
construed to refer to such Code sections as are from time to time amended.
14.
Nondi1crtmlnatlon la Employmena
The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for
employment because of race, coJor. nligion, creed, age, seK, marital status, national oright, ancestry,
sexual orientation, gender identity, genetic information, or disab!Uty of a qualified individual with a
di1ability; (b) to include a provision similar to that containod in subsection (a), above, ln any underlying
subcontract except a subcontract for standard commercial supplies or raw materials; and (c) to post and to
cause subcontractors to post in conspicuous places available to employees and applicants for employment,
notices setting forth the substance of this clause.
IS.
Contln1ent Fee Probibldoa
Tho Contraetor warrants that it has not employed or retained any person, partnership, corporation, or other
entity, other than a bone. fide employee, bona fide Q.gent, bona fide saJesperson. 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, partnership. corporation, or other entity, other than a bona fide employee, bona
tide agent, bona tide salesperson, or commercial selling agency, any fee or any other consideration
contingent on the making of this Contract.
16.
Non-avatlabJHty of Fundln1
If the General Assembly fails to appropriate funds or if funds are not otherwise made available for
continued performance for any fiscaJ period of this Contract succeeding the first fiscal period, this
Contract shall be canceled automatically as of the beginning of the fiscal year for which funds wore not
appropriated or otherwise made available; provided. howevet, that this will not affect either the State's
rights or the Contractor's rishts under any tennination clause in this Contract. The effect of termination
7
of the Contract hereunder will b~to discharge both the Contractor and the State from future performance
of the Contract, bur not from their rights and obligations existing at the time of termination. The
Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not
amortii.ed in the price of the Contract The State shall notify the Contractor as soon as it has. knowledge
that funds may not be available for the continuation of this Contract for each succeeding fiscal period
beyond the first.
17.
Termlnatloa tor Cau.e
If the Contractor fails to fulfill its obligations under this Contract properly and on time, or otherwise
violates any provision of the Contract, the Stam may tennlnam the Contract by written notice to the
Contractor. The notice shall specify the acts or omissions relied upon as cause for twminatlon. All
finished or unfinished work provided by the Contractor shall. at the State's option, become the State's
property. The State shall pay the Contractor fair and equitable compcmSl!.tion for satisfactory perfonnance
prior to receipt of notice of tenninetion, less the amount of damages caused by the Contractor's breac:ih. If
the damages ere more than the compensation payable to the Conttactor, the Contractor will remain liable
after tmnination and the State can affirmatively coll~t damages. Termination hereunder, including the
terminB1ion of the rights and obligations of the parties, shall be governed by the provisions of COMAR
21.07.01.l IB.
18.
Termination for Conve lence
The performance of work under this Contract may be tenninated by tile State m accordance with this
clause in whote, or from time to time in part., whenever the State shall determine that such tennination is
in the best l.ntcrest of the State. The State will pay all reasonable costs associated with this Contract that
the Contractor has incurred up to ttic date of termination, and all reasonable costs usociated with
termination of the Contract; provided. however, the Contractor shalt not be reimbursed for any
anticipatory profits that bave not been eamcd up to the date of tennination. Tennlnation hereunder,
including the determination of the rights and obligations of the parties, shall be govemed by the
provisions of COMAR 21.07.01.12A(2).
J9.
Delay1 aad Extenalont of Time
The Contractor agrees 10 prosecute t work. continuously and diligently and no charge!I or claims for
damages shall be made by it for any delays, interruptions, interferences, or hindrances from any cause
whatsoever during the progress of any portion of the work specified in this Conb'aet.
Time extensions will be granted only for excusable delays that arise from unforeseeable causes beyond
the control and without the fault or negligence of the Contractor, including but not restricted to, acts of
God, acts of the public enemy, llQts of the State in either lts sovereign or contracwal capacity, eots of
another Contractor in the performance of a contract with the State, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, or delay!! of subcontractors or suppliers arising from unforeseeable
causes beyond the control and without the fault or negligence of either the Contractor or the
subcontractors or suppliers.
20.
Supenlion of Work
The State unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or any part of
its performance for such period of time as the Procurement Officer may detennlne to be appropriate for
the convenience of the State.
8
21.
Pre-E1iltin1 Rqulatlona
In accordance with tbe provisions of Md. Code Ann., State Finance 11nd Procurement Article, § I 1-206,
tho regulations set forth In Title 21 of the Code of Maryland Regulations (COMAR 21) in effect on the
date of eKecution of this Contract arc applicable to this Contract.
22.
Finandal Dlaclosun
The Contractor shall comply with the provisions of Md. Codo Ann., State Finance and Procurement
Article, § l 3-221, which requires that every person that enters into contracts, Jeqes, or other agreements
with the State or Its agencies during 11 calendar year under which the business is to receive in the
aggregate, $100,000 or more, shall within thirty (30) days of the time when the aggregate value of these
contracts, leases or other agreements reaches $100,000, file with the Secretary of the State certain
specified information to include disclosure of beneficial ownership of the business.
23.
Politlcal Contribution Dtseloaure
The Contractor shall comply with Md. Code Ann., Election Law Article, Title 14, which requires that
every person that enters into a contract for a procurement with the State, a county, or a municipal
corporation, or other political subdivision of the State, during a calendar yea1· in which the person receives
a contract with a governmental entity in the amount of $200,000 or more, shal~ file with the State Board
of Elections
scatements disclosjng: (a) any contributions mBde during the reporting period to a
candidate for elective office in any primary or general election; and (b) the name of each candidate to
whom one or more contributions in a cumulative amount of $500 or more were made during the reporting
period. The statement shall be filed with tho Stnte Board of Elections: (a) before an execution of a
contract by the State, a c;iounty, municipaJity municipal incorporation. or other political subdivision of the
State. an~ shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution is
made after the exeoutlon of a cont.raot. then twice a year, throughout the contract term, on: (i) February 5,
to cover the six (6) month period ending January 31; and (ii) August 5, to cover the six (6) month period
ending July3 l. Additional information is available on the State Board of Elections website:
http://www.elections.state.rnd.us/campaign_financc/index.html.
24.
Documenta Retention and lnspectlou Claue
Tho Contraotor and subcontractors shall retain and maintain all reoords and documents relating to this
contmot for a period of five (5) years after fina1 payment by the Stak= hereunder or any applicable statute
of limitations, whichover is longer, and shall make them available for illBpection and audit by authorized
representatives ,of the State, including the Procurement Officer or designee, at all rea1onable time&. All
records related in any way to the Contract are to be retained for the entire time provided under this
section. This Section 24 shall survive elC.piration or ilermination of the Contract.
2~.
Compllanee with Laws
The Contractor hereby represents and warrants that:
2S. J It is qualified to do business in ihe State and that it will take such action as, from time to time
hereafter, may be necessary to remain so qualified;
9
25.2 It is not in arrears with respect to the payment of any monies due and owing the Stare, or any
department or unit thereof, including but not limited to the payment of taxes and employee benefits,
and that it shall not become so In arrears during the tenn of this Contract;
25.3 It shall comply with all foderal, State and local laws, regulations, and ordinances applicable to its
activities and obligations under this Contl·act; and
25.4 Jt shalJ obtain, at its expenso, all licenses, permits, insurance, and governmental approvals, if any,
necessary to the performance of its obligations under this Contract.
26.
Coat and Price Certlfleatlon
By submitting cost or price Information, the Contractor certifies to the best of its knowledge that the
information submitted is accurate, compi'ete, and currernt as of the date of its Bid/Proposal.
The price under this Contract and any change order or modlfloation hereunder, including profit or fee,
shall be adjusted to exclude any significant price Increases occurring because the Contractor furnished
cost or pricL' information which, as of the date of its Bid/Proposal, was inaccurate, incomplete. or not
current.
27.
Subcontractln1; Asal1ament
The Contractor may not subcontract any portion of the services provided under this Contra.ct without
obtaining the prior written approval of tho Procurement Officer, nor mny the Contractor 8Bllign this
Contract or any of its rights or obligations hetounder, without the prior written approval of the
Procurement Officer, provided, however, that a contractor may assign monies receivable under a contract
aftar due notice to the State. Any subcontracts shall include such language as may be required in various
clauses contained within this Contract, exhibits, and attachments. The Contract shall not bo assigned until
all approvals, doeuments, and affidavits are oompleted and properly registered. The State shall not be
responsible for fulfillment of the Contractor's obligations to its.subcontractors.
28.
Llablllty
28.1
for broach of this Contract, negligonce, misrepresontation, or any other contract or tort chdm,
Contractor shall be liable as follows:
a.
For infringement of patents, copyrighm, trademarks. servke marks, and/or trade secrets, as
provided in Section 7 of this Contract;
b.
Without limitation for damages for bodily injury (including death) and da111age to roal
proporty and tangible personal property; and
c.
For all other claims, damages, losses~ costs. expenses, suits, or actions in any way related to
this Contntct, regardless of the form. Contractor's liability for third party claims arising
under Section 10 of this Contract shall be unlimited if the State Is not immune from liability
for claims arising under Section I0.
10
30.
Com1nerelal Nondlacriminatlon
30.1
As a condition of entering into this Contract, Contractor represents and warrants that it wlll
comply with the State's Comme1:ciel Nondiscrimination Policy, as described at Md. Code Ann.,
State Finance and Procurement Article, Title 19. As part of such compliance, Contractor may not
discriminate on the basis of race, color, religion, ancestry or nntionel origin, sex, age, marital
stiltus, sexual orientation, gender identity, or on the basis of disability or other unlawful forms of
discrimination in the solicitation, selection, hiring. or commercial treatment of subcontractors,
vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for
reporting insbUlces of such discrimination. Contractor shall provide equal opportl!nity for
subcontractors, vendors, and suppllers to participate in aJ I of its public sector and private sectur
subcontracting and supply opportunities, provided that this clause does not prohibit or limit
lawful efforts to remedy the effects of marketplace discrimination that have occurred or are
occurTing in the marketplace. Contractor understands that a material violation of th ls olause shall
be considered a material breach of this Contract and may result in termination of this Contract,
disqualification of Contractor from participating in State contracts, or other sanct.iol19. Thia
clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.
30.2
The Contractor shall include the above Commercial Nondiscrimination clause, or similar clause
approved by tho Dcspartment, in all subcontracts,
30.3
As a condition of entering into this Contract, upon the request of the Commission on Civil
Rights, and only after the filing of a complaint against Contractor under Md. Code Ann., State
f inance and Procu1·ement Article, Title 19. as amended from time to time, ContrtK:tor agrees to
provide within sixty (60) days afrer the request a complet~ list of1he names of all subcontractors1
vendors, and suppliers that Contractor has used in the past four (4) years on any of its contracts
that were undertaken within tbe State of Maryland, including the total dollar amount paid by
Contractor on each subcontract or supply contract. Contractor further ngrees to cooperate in any
investigation conducted by the State pursuant to the State's Commercia.J Nondiscrimination
Policy as set forth at Md. Code Ann., State Finance and Procurement Article, Title 19, and to
provide any documents relevant to any investigation that are requested by tho State. Contractor
understands th.at violation of this clause is a material breach of this Contract and may result In
contract tennination. disqualification by the State from participating in State contracts, and other
sanctions.
31.
Prompt Pay Requirements
31. l
If the Contractor withholds payment of an w\disputed amount to its subcontractor, tho
Department, at its option and in its sole discretion, may tQke one or more of the following actions:
a.
b.
c.
d.
e.
Not process further payments to the contractor until payment to the subcontractor is
verified;
Suspend aJl or some of the contract work without affecting the completion date(s) for the
contract work;
Pay or cam~e payment of the undisputed amount to the subcontractor from monies
otherwise due or that may become due9
Place a payment for an undisputed amount in an interest~bearing escrow account; or
Take other or further actions as appropriate to 1·esolve the withheld payment.
11
31.2
An "undisputed amount" me1lns an amount owed by the Contractor to a subcontractor for which
there is no good faith dispute. Such ..undisputed amounts•> include, without limitation:
·
a.
b.
Retainage which had been withheld and is, by d1e terms of1the agreoment between the
Contractor and subcontractor, due to be distributed to the subcontractor; and
An amount withheld because of issues arising out of an ae;rooment or occurrence unrelated
to the agreement under which the amount is withheld.
31.3
An act, failure to act, or decision of a Procurement Officer or a representntive of the Department.
concerning a withheld payment between the Contractor and a subcontractor under this provision,
may not:
a.
b.
c.
31.4
Affect the rights of the contracting parties under any other provision of law;
Be used as evidence on the merits of a dispute between the Department and the contractor
in any other proceeding; or
Result In liability against or prejudice the rights of the Department.
The remedies enumerated above are in addition to those provided under COMAR 21.11.03.13
with respect to subcontractors that have contracte-0 pursuant to the Minority Business Enterprise
(MBE) program.
31.S
To ensure compliance with certified MBE subcontract participation goals, the Department may,
consistent with COMAR 21. l t .03. l 3, take the following measures:
a.
b.
c.
d.
Verify that the certified MBEs listed in the MBE participation schedule actually are
performing work and receiving compensation as set forth in the MBE participation
schedule.
This verification may include, 11& appropriate:
i.
Inspecting any relevant records of the Contractor;
ii.
(nspeotlng the jobsite~ and
iii. Interviewing subcontractors and workers.
iv. Verification shall include a review of:
(a) The Contractor's monthly report listing unpaid invoices over thirty (30) days
old from cert!fied MBB subcontractors and the reason for nonpayment; and
(b) The monthly report of each certified MBE subcontractor, which lists pll)'ffients
received from the Contractor in the preceding thirty (30) days and invoices for
which the subcontractor has not been paid.
If the Department determines that tho Contractor is not in compliance with certified MBE
participation goals, then the Department will notify the Con~tor in writing of lts findings,
and will require the Contractor to take appropriate corrective action. Comsotive ootion may
include, but is not limited to, requiring the Contractor to compensate the MBE for work
perrormed as set forth in the MBE participation schedufe.
Jf the Department dotennines that the Contractor is in material noncompliance with
MBE contract provisions and refuses or falls to toke the corrective action that the
Department requires, then the Department may:
i.
Terminate the contract;
ii.
Refer the matter to the Office of the Attorney General for appropriare action; or
iii. rnitlate any other specific remedy identified by the contract. including the contractual
remedies required by any applicable laws, regulations, and directives regarding the
payment of undisputed amountsi
iv. Assess Liquidated Damages as set forth in this Section 43 of the ContraQt.
12
e.
Upon completion of the Contract, but before final payment or release of retainage or both.
the Contractor shall submit a final report. In affidavit form under the penalty of perjury, of
all payments made to, or withheld from, MBE subcontmctors.
32.
Insurance Requirements
32.1
The Contractor shall maintain Commercial General Liability Insurance with limits sufficient to
cover losses resulting from, or arising out of, Contractor action or inaction in the performance of
the Contract by the Contractor, its agents, servants, employees, or subcontractors, but no Jess than
a Combined Single Limit for Bodily Injury, Property Damage, and Personal and Advertising
Injury Liability of$ 1,000, 000 per occurrence and $ 3,000,000 aggregate.
32.3
Tho State of Maryland shall be named as an additional named insured on all liability policies
(Worker's Compensation and ProfessionaJ Liability excepted) and certificates of Insurance
evidencing this coverage shall be provided prior to commencement oftbe contract. All insurance
policies shall be endorsed to lncludo a clause that requires that the insurance carrier provide the
Contract Monitor, by certified mall, not loss than 45 days• advance notice of non-renewal, the
Contractor shell provide the Contraot Monitor with an insunmc.e policy from another carrier at
least 30 days prior to the expiration of the insurance policy then in effect. All insurance policies
shall be with a company licellsed by the State to do business and to provide such policies.
32.4
The Contractor shall require that any subcontractors providing services under this Contraot obtain
and maintain similar levels of insurance and shall provide the Contract Monitor with the same
documentation as is required of the Contractor.
33.
Security
33.l
Any person who is an employee or agent of the Contractor or subcontractor and who onters the
premises of a facility under the jurisdiction of the Department is subject to searQh of his or her
p"1Tion and/or property, and in addition may be fingerprinted (for the purpose of a criminal history
background check), photographed and required to wear an identification oard Issued by the
Department further, the Contractor, Its employees and agents and subcontractor•s employees and
agents shall not violate any provisions of Title 9, Subtitle 4 of tbe Criminal Law Artlole of the
Annotated Code of Maryland and such other security tegulations, directives and policies of the
Department ebout which they may be informed from time to time. The failure of a.ny of the
Contractor's or subcontractor's employees or agents to comply with ony provision of this Section
33 of this contract is sufficient grounds for this Department to immedlately terminate thle contract
for default.
33.l
The Contractor shall comply with the MD Information Technology Security Policy and Standards
available on line at: http://cloit.111arylnnd.gov/suppott/PaQes!SecurityPolicies.aspx
34.
Contract Monitor and Procurement OMcer
The work to be accomplished under this Contract shall be performed under the direction of the Contract
Monitor. All matters relating to the interpretation of this Contract shall be referred to the Proouremont
13
Officer for detennination. The Contract Monitor identified for this contract is Jay Miller.The work to be
accomplished under this Contract shall be performed under the direction of the Contract Monitor.
35.
Notice•
All notices hereunder shall be in writing and either delivered personally or sent by certified or registered
mail, postage prepaid, as follows:
lfto the State: Rosetta Butler
Procurement Officer
300 Bast Joppa Road, Suite I000
Towson, MD 21286
Phone:410-339-S013
rrose@dpscs.state.md.us
lfto the Contractor:
Tecore, Inc. (also doing business as Tccorc Networks)
7030 Hi Tech Drive, Hanover, MD 21076-1008
(410) 872-6000
Attn: Legal Department- legal@tecore.com
36.
Liquidated Dama1e1
36.1
The Contract requires the Contractor to make good faith etlorts to comply with the Minority
Business Entorprise ("MBE") Program and Contract provisions. The State and the Contractor
acknowledge and agree that the State will incur economic damages and losses, including, but not
limited to, loss of goodwill, detrimental impact on economic development, and diversion of
lntwnal staff resources, if the Contractor does not make good faith efforts to comply with the
requirements of the MBB Program and pertinent MBE Contract provisions. The parties further
acknowledge and agree that the damages tho State might reasonably be anticipated to acorue as a
R:sult of such lack of compliance are difficuJt or impossible to ascertain with preciafon and that
liquidated damages represent a fair, reasonable, and appropriate elltlmation of damages.
Upon a determination by the State that the Contractor failed to make good faith efforts to comply
with one or more of the specified MBE Program requlremonts or pertinent MBB Contract
provisions and without the State befng required to present any evidence of the amount or
character of actual damages sustained, the Conttactor agrees to pay liquidated damages to the
State at the 1·ates set forth below. Su.ch liquidated damages are intended to reprosent estimated
actual damages and are not Intended as a penalty. The Contractor expressly agrees that the State
may withhold payment on any Invoices as an offset against liquidated damages owed. The
Contractor further agrees that for each specified violation, the agreed-upon liquidated damages
are reasonably proximate tC? the loss the State is anticipated to incur a& a result of each violation.
36. I.I Failure to submit each monthly payment report In f\Jll compliance with COMAR
21.11.03.138(3): S 33.JOper day until the monthly report Is submitted as required.
36.1.2 Failure to include in its agreements with MBB subcontractors a provision requiring
submission of payment reports in full compliance with COMAR 21.l J.03.138(4):
$1 l 6.54per MBE subcontractor.
36.1.3 Failure to comply with COMAR 21.11.03 .12 in terminating, canceling. or changing the
scope of work/value of a contract with an MBE subcontractor and/or amendment of the
14
MBE participation schedule: the difference between the dollar value of the MBB
participation commitment on the MBB participation schedule for that specific MBB flrm
and the dollar value of the work performed by that MBE firm for the Contract.
36.1.4 Failure to meet the Contractor's to1al MBE participation goal and subgoal commitments:
the differance between the dollar valuo of the total MBE participation commitment on the
MBE participation schedule and the MBE participation actually achieved.
36.1.S Failure to promptly pay all undisputed amounts to an MBE subcx>ntractor in full
compliance with the prompt payment provisions of the Contract: $ 124.86per day until
the undisputed amount due to the MBE subcontractor is paid.
36.2
Notwithstanding the assessment or availability of liquldated damages. the State reserves the right
to terminate tho Contract and to exercise any and all other rights or remedies which may be
available under the Contract or which otherwise may bo available at law or in equity.
IN WITN:ISS mEREOF't the parties have executed thia Contract as of the date hereinabove sot
forth.
STATE OF MARYLAND
CONTRACTOR
DEPARTMENT OF PUBLIC SAFETY
AND CORRECTIONAL SERVICES
Deniz H. Hardy - General Counsel
Or Designeo:
Date
Approv~g_ fol'
this
form ft~ legal sufficiency
2016.
_g_ day of J"di
,
~Pl~
Assistant Attomey General
15
EXHIBIT A-CONTRACTOR'S SCOPE OF WORK FOR MAINTENANCE AND
SERVICES
The Contractor shall provide all labor, equipment, material, software and teol1110logies to continue the
maintenance of the cell phone managed access system at Metropolitan Transition Center (MTC) and
Baltimore City Detention Center (BCDC). Services shall be provided in accordance with RFP Q001201 l
dated September 27, 2011 as amended by Addenda #1-S (Exhibit A-I); Tecore's Technical Proposal for
MTC dated December 14, 201 l(Exhibit A-2); the BCDC Emergency Contract dated June 14, 2013
(Exhibit A-3) and Tecore's Technical Proposal for BCDC dated May 23, 20 13 (Exhibit A-4). Services
shall also include the followina:
1. New Technology Upgrades: Covers the installation of additional equipment on-site to
addnsss new technologies deployed by Commercial network.a during the period covered
by annual maintenance agreement for oach system.
2. Existing Technology Upgrades: Covers the upgrade of existing equiprnent to account for
any network changes to existing technologlos made by commeroi.el networks during the
period covered by annual maintenance agreement for each system.
3. Bquipment Replacement: Includes the replacement of any degraded or poor perfonniog
system equipment with the exclusion of equipment physically damaged by any individual
or group outside of Tecore Networks personnel.
4. iNAC software Upgrades: lncludes quarterly sof:twlll"C upgrades to the iNAC Manaaed
Aceoss iCore software (4x annually) for each system .
.
5. Customer Response Center (CRC) 24 x 7 support provided by Tecore Networks.
6.
Onsite Services for audit of each system equipment and porfonnance:
a) On the average 1-2 personnel onslte 4-S days each mon1h.
b) Physical assessment of all remote equipment installed throughout tho facility
Including remote units and antennas.
c) Walk-through testing including coverage areas and system performance.
16
EXHIBITB - CONTRACTOR,S PRICE PROPOSAL
..
Contractor's price proposal dated January 29, 2016 for contract DPSCS Q0016037 is inoorporated within
email dated February 8, 2016.
17
/
INAC Managed Acces
.
Tecore
networks
DPSCI Q0012011 S.rvloH and Malntan1nce l!mnalo" Quotation
PmR•rtd..fAr
CU8tomer: MaiylMd Department of Publlo Safety Ind C00'901klnlll Services
Attention: ROMlll Butler
Phone:
+1"'410-339-5028
Emili:
Quolll Dal9:
Vaid Untll:
Quabdlon No.:
~•n-2019
3o-Apr-2016
TCD-160129-8H1-0
PC!R'ctd by
Nlftle:
Phone:
Steve Hnham
("410) 872-6230
Em1ll:
ahamhnm@!laGO'~
Prolect!
Dellv•IV o.18: ~fter reoeipl of
TICCM9 Acoepl8ftCI
al Putohlle order
DP8C8 Q0012011 Quoi.tlon for Services and Maintenance for Metropolltan Transition Cenr.r Man191d Aocea
Profnllonal Senittet •
AnnlMI Se1Vlce3 (May 1, 2016 - Aprll 30, 2017}
Annwt Malnlenance (Moy 1, 2"16-April 30, 2011)
••
•
10,000
200,000
U0,000
8ubt.aal •
290,000
Total Base 81(91.etn $
210.000
Mtlryland Depertment of Publlc Sataty and Correctlontl Services
300 E. Joppa Road
Sulla 1000
Towson, MD 21288
Purchase Order
Th• following
nunmer mutt appnr on all related
correspondence, ehlpplng p1pers, •nd lnvoJ(lff:
PONo.: TCD-10D12MIH1.0
Reference TECORE Quote No,: TCD-1I0129-BH1.0
DP8C8 Q0012D11 Quotation for hrvloff and MalnteMnce tor Metropollt.n Tr.n11tlon c.nt.r Man911d Acet1u
From:
To:
M1ryland D1tpMnl•nt of Publlo
8lfet)t and Correatlonlt 81rvloee
300 E. Joppa Road, Sulla 1000
Towaon, MD 21286
Taoore Networks
7030 HI Tech Drive
Hanovar, MC> 21078
USA
Cultomer
ShlDmtnt 0119
MAP
P.O. Date ShlpVfa
SO-Aor-16 BeltWav
Qty
1
1
Deacrlotlon
Annuel Servi~ CMav 1. 2018 - Anrll 30. ~171
Annual Malnlennnce CMav 1 2016 -AnrfJ 30. 2017\
Unit Ll1t Prlc&
eo,ooo
I
$
200.000
Total
Extended Price
s
s
200.000
s
260,000
60,000
1. 81111111 Clllr9lplllldlnot Co:
Accounta Payable
Maryland Depa11ment of Public Safety and ComM:tlonal Servlcn
300 E. Joppa Road
Sulta1000
Towson, MD 21288
Authorized by
Date
Maiytand Department of Public
and Correctlonal 88Nle11
Authorized by
Tecont Nttworka
Ti!CORE CDllfld91U1I
2Df 2
Date
Tecore
networks
INAC Managed Accn
DPIC8 QOOPS4070IO Servleff and Malnl:ln1nce Extension Quotation
P1Jo1mtd tor
CwlcMn•:
A*ntlon:
Pllont:
M111ylllnd Depwtment of Public Safety and Cori.ctlonlll Servlca
RCllelll BuUer
+1-410-339-5028
Qua o.tt:
29-Jan-2018
Valld Until: 30-Apr-2018
Quolallon No.:
TC0-180129-BH2·0
EftUlll:
ProDl!'J!d bv
N81111:
8'wt Harsham
Phone:
(410) 872.C30
Emllll:
11"1111Wm!@lreoro.cocn
Project:
Dellvefy
om:
NrM receipt of
Teoore Acolptlnae
of Purchae Order
DPSCS QOOPM070&0 Quos.tlon for ltrvlcetl and Malnt.nane» for Baltlmoni Clt,i Det.ntlon Cent.r Mml9Q«1 Acee.
ProfJ 1lonal arvlcn •
Annual s.nilce• (May 1, 2016. Aprll 30, 2017)
Annu9I Ml/tlfenanet (Aley 1, 2016. Aprll 30, 2017)
•••
Totlll Pror..elonll s.rvio..
BubtaUI S
Total Bau s
TICORE PropoltlllY..,,, Clll1lldlllllml
•tem $
10,00D
2oa,ooo
ZI0,000
290,000
260000
Maryland Depat1ment of Pubic 8efety and Correctlonal lervlcff
300 E. Joppa Roed
&ulte 1000
Towaon, MD 21280
Purchase Order
Th foJlowlng number muat •ppaar on 111 relatact
co1THpondtru;e, shipping papera, and lnvoloee:
PO No. : TCD-1&0129-SH2-0
Reference TI!CORE Quote No. : TC0·180129.SH2-0
DPSC8 QODPM01'0SD Quotation for 8e1YIC4le and Mll1ntonimce for BIK11110,. Olly Dttntlon Cenlilr llMa09d Aooa
l'ram:
To:
Teacn Networtc.
M9ryl
70SO HI Teoh Drtve
81My and CorrtctloMl lervtcll9
300 E. Joppa Rold, Sulle 1000
Toweon, MD 21288
Hanovet, MD 21078
USA
d Deptrtmtnt of Publlc
Cu1tom1r
Shloment Dat9
P.O.Dm Shlpvlt
3~r·16
Qtv
1
1
MN'
SeatWav
0..CrlDllon
Annual servlca& CMav 1 2016 - Anrlf 30 201 n
Annual Mal n ~n ance (Mav 1. 2016 -ADtil 30. 2017)
Extended Prl111
Unit Ll1t Price
s
s
eo.ooo
200000
Total
s
•
•
80000
200.000
280,000
1. Bend Ill ccmlpOl!dirimlD:
Accounia Payeble
Maryland Department of PllbNo 8lflty •nd Correctlanll ServlcH
300 E. Joppil ROlld
8ult91000
Authorized by
Date
Maryland o.s-rtment of PubUc
ana Ccnectlonal Servlaee
TCIW80n, MD 21289
Oat&
2ol2
A. AUTHORITY
I hereby affirm tl1at I, Deniz H. Hard~ (name of affiant) am the General Counsel (title) and duty
authorized representative of Tecore. Inc. {also doin& business as Tecore Nctworg) (name of business
entity) and that I possess the legal authority to make this affidavit on behalf of the business for which lam
acting.
B. CERTIFICATION OF REGISTRATION OR QUALIFICATION
DEPARTMENT OF ASSESSMENTS AND TAXATION
WITH
THE
STATE
I FURTHER AFFIRM THAT:
The business named above is a (check applicable box):
( 1) Corporation - X domestic or D foreign;
(2) Limited Liability Company - 0 domestic or Cl foreign;
(3) Partnership - D domestic or C foreign;
(4) Statutory Trust- D domestic or D foreign;
(S) 0 Sole Proprietorship.
and is registered or qualified as required under Maryland Lew. I hlrther ail'inn that the above business ls
in g<>od standing both in Maryland and (IF APPLICABLB) in the jurisdiction where it is presently
organized, and has filed all of its annual re&;Jorts, together with filing fees, with the Maryland State
Department of Assessments and Taxation. Tbe name and address of its resident agent (IF
APPLICABLE} filed with the State Department of Assessments and Taxation is:
Name: Deniz H. Hardy and Department ID Number: F03805017
Address: 7030 Hi Tech Daiye, Hanover. MD 21076-1008
and that if it docs business under a trade name, It has flied a certificate with the State Department of
Assessments and Taxation that correctly identities that true name and address of the principal or owner
as:
Name: Tccore. lno. and Department ID Number: T0027 I295
Address: 7030 Hi Tech Drjve. Hanover. MD 21076-1008
C. FINANCIAL DISCLOSURE AFFIRMATION
1 FURTHER AFFIRM THAT:
I am aware of, and the above business will comply with, the provisions of State FinJUlce and Procurement
Article, §13-221, Annotated Code of Maryland, which require thnt every business that enters into
contracts. leases, or oth~r agteemeots wi·th tho State of Maryland ~· 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 $1 ()0,000, file with the
Secretary of State of Maryland certain specified information to Include disclosure of beneficial ownership
of the business.
18
D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
I am aware of, and the above business will comply with, Election Law Article, Title 14, Annotated Code
of Maryland, which requires that every person t11at enters into a contract for a procurement with the Statc1
a county, or a municipal corporation, or other political subdivision of the State, during a calendar year in
which the person receives a contract with a governmental entity in the amount of$200,000 or more, shall
file with the Stat.e Board of Elections statements disclosing: (a) any contributions made during the
reporting period to a candidate for elective office in any primary or general election; and (b) the name of
each candidate to whom one or mo1-e contributions in a cumulative amount of $500 or more were made
during the reporting period. The statement shall be filed with the State Board of Elections: (a) before
execution of a contract by the Stare, B county, a municipal corporation, or other political subdivision of
the State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution
is made after the execution of a contract, then twice a year, throughout the contract tenn, on: (i) February
s. to cover the six (6) month period ending January 31; and (ii) August 5, to cover the six (6) month
period endlng July 31.
·
E. DRUG AND ALCOHOL FREE WORKPLACE
(Applicable to all contracts unless the contract is for 11 lew enforcement agency end the agency head or the
egenoy head's designee has detennined that application of COMAR 21.11.08 and this certification would
be lrulpproprlate In connection with the law enforcement agency's undercover operations.)
I CERTIFY THAT:
(1) Tenna defined in COMAR 21.11.08 shall have tho same meanings when used In this
certification.
(2) By submission of its Bid/Propo&a.I, the business, if other than an individual, certifies and agrees
that, with respect to its emplo~s to be ompJoyed under a contract resulting from this
solicitation, the busine1.1s shall:
(a) Maintain a workplace free of drug and alcohol abuse during the term of the contract;
(b) Publish a statement notifying its employ~s that the unlawful manufacture. distribution,
dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the
business' wo1·kplace and specifying the actions that will be taken against employees for violation
of those prohibitions;
(c) Prohibit its employees from working under tbe influence of drugs or alcohol;
(d) Not hire or assign to work on the contract anyone who the business knows, or in the exeroise
of due diligence should know, cu1Tently ab~es drugs or alcohol and is not actively engaged in a
bona fide drug or alcohol nbuse assistilnce or rehabilitation program;
(e) Promptly Inform the appropriate law enforcement agency of every drug~rclated crime that
occurs in its workplace if the business has observed the violation or otherwise has reJlable
information that a violation has occurted;
19
(f) Establish drug and alcohol abuse awareness programs to inform its employees about:
(i)
(ii)
(iii)
The dangers of drug and alcohol abuse in the workplace;
The business's policy of maintaining a drug and alcohol free workplace~
Any available drug and alcohol counseJing. reJ1abilitation, and employee assistance
programs; and
(iv)
The penalties that may be imposed upon employee& who abuse drugs and alcohol in the
workplace;
(g) Provide all employees engaged in the perfonnance of the contract with a copy of the statement
required by §E(2)(b), above;
(h) Notify its employees in the statement required by §E(2)(b), above, that u a condition of
continued employment on the contract, the employee shall:
(I)
(ii)
Abide by the terms of the stll'remcnt; and
Notify the employer of any criminal dnig or alcohol abuse convietion for an offense
OCCUlTing in the workplace not later than S days after a conviction;
{i) Notify the procurement officer within 1O days after receiving notice under §E(2)(hXii), above,
or otherwise receiving actual notice of a conviction;
(j) Within 30 days after receiving notioe under §B{2)(h)(ii), 11.bove, or othmwise receiving actual
notlce of a conviction. Impose either of the following sanctions or remedial measures on any
employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:
(i)
(ii)
Take appropriate personnel action against an employee, up to and including termination;
or
Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse
assistance or rehabilitation program; and
(k) Make a good faith effort to maintain a drug and alcohol free workplace through
Implementation of §E(2)(a}-(j), above.
(3) If the business is an individual, the individual shall certify and agree as set forth in §E(4), below,
that the individuaJ shall not engage in the unlawful manufacture, distribution, dlspemiing,
possession, or use of drugs or the abuse of drugs or alcohol In the performance of the contract.
(4) I acknowledge and aaree 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 ehall be oauee 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 debannent of the business under COMAR 21.08.03.
20
F. CERTAIN AFFIRMATIONS VALID
I FURTHER AFFIRM THAT:
To the best of my knowledge. information, and belief. each of the affinnations, certifications. or
acknowledgements contained in that certain Bid/Proposal Affidavit dated February 17, 2016, 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 as if 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 BBST OF MY
KNOWLEDOB. INFORMATION, AND BELIEF.
Dato: February 17, 2016
By: Deniz H. Hardy, Eli<4· -<Jenera! Counsel (printed name of Authorized Representative and Affiant)
~ ti. )L J).()
a
(signa1ull> of Authorizod Rcpio.cntalivund Affiant)
21
EXHIBITD- BID/PROPOSAL AFFIDAVIT
A. AUTHORITY
I hereby affirm that I, Deniz ij, Hardy {name of affiant) em the Generol Counsel (title) and duly
authorized representative ofTecore. Inc. (also doing business u Iecore Networks) (name of business
entity) and that l possess the legal authority to make this affidavit on behalf of the business for which I am
acting.
B. CERTIFICATION REOARDINO COMMERCIAL NONDISCRIMINATION
The undersigned Bidder/Offeror hereby certifies and agrees that the following information is correct In
preparing its Bid/Proposal on this project. the Bidder/Offeror hes consido~ all Proposals submitted from
qualified, potential subcontractors and suppliers, and has not engaged in "discriminntion" as defined in §
l 9-103 of the State Finance and Procurement Artielo of the Annotated Code of Maryland.
''Discriminatlon" means any disadvantage, difference, distinction, or preference in the solicitation,
selection. hiring. or commercial treatment of a vendor, subcontractor, or conunerclal customer on the
basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation,
sex.ual identity, or on the basis of disability or any otherwise unlawful use of characteristics regarding the
vendor's, supplier's, or comrneJ'Oial customer's employees or owners. 11 Discrimination11 aliio includes
retaliating against any ·person or other entlly for reporting any incident of 11 discrimination 11 • Without
limiting any other provision of the solicitation on this project, it is understood that, if the certification is
false, such false certification constitutes grounds for the State to reject the Bid/Proposal submitted by the
Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/Proposal. As part of
its Bid/Proposal, the Bidder/Offeror herewith submit$ a list of all instenoos within the p88t 4 years where
there has been a final adjudicated detennination in a legal or administrative proceeding in the State of
Maryland that the Bidder/Offeror d1scrlminated against subcontractors, vendors, suppliers. or commercial
customers, and a description of the status or Risolution of that determination, including any remedial
action taken. Bidder/Offeror agrees to comply in ell respects with the State's Commercial
Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the
Annotated Code of Maryland.
B-1.CERTIFICATION REOARDINO MINORITY BUSINESS ENTERPRISES.
The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State
Minority Business ~11terprlse Law. State Finance and Procurement Article, § 14-308(a)(2), A~notatcd
Code of Maryland, whioh provides tiut.t, except as otherwise provided by law, a contractor may not
identify a certified minority business enterprise in a Bid/Proposal and:
( 1) Fail to request, receive, or otherwise obtaiu authorization from the certified minority business
enterprise to identify tho certified minority Proposal;
(2) Fail to notify the certified minority business entorprise before execution of the contract of its inclusion
in the Bid/Propos.al;
(3) Fail to use the certified minority business enterprise in the performance of the contract; or
(4) Pay the certified minority business enterprise solely for the use of its name in the Bid/Proposal.
22
Without limiting any other provision oftbe solicitation on this project, it Is understood that ifthe
certification Is false, such false certlficatio11 oonstitutes grounds for the State to reject the Bid/Prop08al
submitted by the Bidder/Offeror on this project, and t:enninate any contract a.warded based on the
Bid/Proposal.
B-2.CERTIFICATION REGARDING VETERAN-OWNED SMALL BUSINESS ENTERPRISES.
The undersigned Bidder/Offeror hereby certifies and agrees that it bas ful1y complied with 1he State
veteran-owned small business enterprise law, State Finance and Procurement Article, § 14-605,
Annotated Code of Maryland, which provides that a person may not:
(I) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in
fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended
under a procurement contract to which the person is not entitled under this title;
(2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran-owned small
business enterprise in order to obtain or retain a Bid/Proposal preference or a procurement contmct;
(3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is
fraudulent or faJse as to any material matter, whether or not that falsity or fraud is committed with the
knowledge or consent of tho person authorized or required to present the declaration, statement, or
document;
(4) Willfully and knowingly ajd, assist in. procuro, counsel, or advise the preparation or presentation of a
declaration, statement, or other document that ls fraudulent o.r false as to any material matter, regardless
of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or
required to present the declaration, statement, or document;
{S) Willfully and knowingly fail to tile any declaration or notice with the unit that is required by
COMAR 21.11.12~ or
(6) EstabJlsh, knowingly aid in the establishment of, or exercise control over a business found to have
violated a provision of§ S-2(1)-(S) oft.his regulation.
C. AFFIRMATION REGARDING BRIBERY CONVICTIONS
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business (es is defined in
Section 16· J01 (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 <lirectly involved
In the business's contracting activities Including obtaining or performing contracts with public bodies has
been convicted of, 01· hes had probation before judgment imposed pursuant to CrimlnaJ Procedure Article,
§ 6-220, Annotated Code of Maryland, or has pleaded uolo contendere to a charge of, bribery, attempted
bribery, or conspiracy to bribe in violation of Marylond law, or of tho law of any other state or federal
law, except as follows (lndfoate the reasons why tho affinnation cannot be given and list any conviction,
plea, or imposition of probation before judgment with the date, court, official or administrative body, the
sentence or disposition, the name(s) of person(s) involved, and their oumnt positions and responsibilities
with the business):
23
Non~
--------D. AFFJRMATION REGARDING OTHER CONVJCTIONS
I FURTHER AFFIRM THAT:
Neither J, nor to the best of my knowledge. infonnation, and belief, the above business. or any of its
officers, directors, partners. controlllng stockholders, or any of Its employees directly involved in the
business's contracting activities including obtaining or performing contracts with public bodies, has:
(I) 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, falslfioation or destruction of rewrds 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 ofd1e United States Code for violation of the
Rackoteor Influenced and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or tho Mail Fraud Act, 18
U.S.C, § 1341 et soq., for acts In connection with the submission of Bida/Proposals for a public or private
contract;
(4) Been convictod of a violation of the State Minority Business Enterprise Law,§ 14-308 of the State
Finance and Procureme11t Article of the Annotated Code of Maryland;
(S) Been convicted of a violation of§ 11-205.1 of tho State Finance and Procurement Article of the
Annotated Code of Maryland;
(6) Bee11 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 (!HS) above;
(7) Been found civilly liable under a state or federal antitrust statute for aots or omissions in connection
with the submission of Bide/Proposals for a public or private contra~
(8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy
under Title 19 of the State Finance llJld Procurement Article of the Annotated Code of Maryland with
regard to a public or private contract;
(9) Been convicted of a violation of one or more of the following provisions of the Internal Revenue
Code:
(a) §7201, Attempt to Evade or Defeat Tax;
24
(b) §7203, Willful Failure to File Roturn, Supply Information, or Pay Tax,
(c) §7205, Fraudulent Withholding Exemption Certificate or Failure to Supply Information,
(d) §720S, Fraud and False Statements, or
(e) §7207, Fraudulent Returns, Statements, or Other Documents;
( I0) Been convicted of a violation of 18 U.S.C. §286, Conspiracy to Defraud the Oovemment with
Respect to Claims, 18 U.S.C. §287, False, Fictitious, or Fraudulent Claims, or l8 U.S.C. §371.
Conspiracy to Defraud the United States;
(11) Been convic~ of a violation of the Tax-Oeneral Article, Title 13, Subtitle 7 or Subtitle 10,
Annotllted Code of Maryland;
( 12) Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in tho
State Finance and Procurement Article, Title t 7, Subtitle 2, Annotated Code of Maryland, if:
(a) A court:
(i) Made the finding; and
(ii) Decision became final; or
(b) The finding was:
(i) Mado in a contested case under the Maryland Administrative Procedure Act; and
(ii) 'Not overturned on judicial review;
( 13) Been found to have willfully or knowingly violated State Living Wage Laws as provided in the Stato
Finance and Procurement Article, Title J8, Annot.ated Code of Maryland, if:
(a) A court:
(i) Made the flndingj and
(ii) Decision became final; or
(b) Tho finding was:
(I) Made In a contested case under the Maryland Administrative Procedu"' Act; and
(ii) Not overturned on judicial review;
(14) Been found to have wi llfulJy or knowingly violated the Labor and Employment Article, Title 31
Subtitles 3, 4, or S, or Title S, Annotated Code of Maryland, if:
25
(a) A court:
(i) Made the finding; and
(ii) Docision became final; or
(b) The finding was:
(i) Made in a contested case under the Maryland Administrative Procedure Act; and
(ii) Not overturned on judicial review; or
(1 S) 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 liabllity under any law or statute
described in§§ Band C and subsections O(IHl4) above, eKcept as follows (indicate reasons why the
affirmation• cannot bo given, and list any conviction, ploa, or imposition of probation beforejudgmcn1
with tho date, court. official or administrative body, the sentence or disposition, the name{s) of the
person(a) involved and their current positions and r~ponsibiHtics with the business, and the status ofany
debarment):
E. AFFIRMATION REGARDING DEBARMENT
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, infonnation, and belief, the above business, or any of its
officers, directors, partners. controlling stockholders, or any of its employees directly involved in tbe
business's contracting activities, Including obtaining or performing contracts with public bodies, has ever
been swipended or debarred (Including being issued a limited denial of participation) by any public entity,
except u follows (list each debarment or suspension providing the da1es of the suspension or debarment,
the name of the public entity and the status of the proceedings, the name(s) of the pcrson(s) involved and
their cu1tent positions and responsibUitles with the business. the grounds of the debarment or suspension,
and the detal Is of eo.ch person's involvement in any activity that formed the grounds of the debamumt or
suspension).
26
F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTmEs
I FURTHER AFFIRM THAT:
(I) The business was not established and it does not operate in a manner designed to evade the application
of or defeat the purpose of debannent pursuant to Sections 16-10 l, 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 suepeuded or debarred business,
except as follows (you must indicate the reasons why the affirmations cannot be given without
qualification):
_ _ _ _ _ _ _ _ _ _ _N nu_ _ _ _ _ __
O. SUBCONTRACT AFFIRMATION
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, infonnation, and belief, the above business. he.S kl'\Owlngly
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 oons1ruction.
H. AFFIRMATION REGARDING COLLUSION
1 FURTIJER AFFIRM TIIAT:
Neither 1, nor to the best of my knowledge, information, and belief, the abo\le busineas has:
( l) Agreed, conspired, connived, or colluded to produce a deceptive show of oompetition in the
compilation of the accompanying Bid/Proposal that is being submitted;
(2) In any manner, directly or lndirectly, entered into any agreement of any kind to fix tho Bid/Proposal
price of the Bidder/Offerer or of any competftQr, or oth~rwise taken any action in rostrnint of free
competitive bidding in connection with the contract for which the acc-0mpanying Bid/Proposal is
submitted.
I. CERTIFICATION OF TAX PAYMENT
I FURTHER AFFIRM THAT:
Except as vaJidly 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
27
Department of Assessinents 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.
J. 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 tide agent, bona fide salesperson, or commercial selling agency working for
the business, to solicit or secure the Contract, and that the busine93 has not po.id or agreed to pay any
person. partnership, corporatio11, 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 the
mnkingofthe Contract.
K. CBRTIFICATION REGARDING INVESTMENTS IN IRAN
(l) The undersigned certiftc9S that, in accordance with State Finance and Procurement Article, § 17-705,
Annotated Code of Maryland:
(a) It is not identified on the list created by tile Board of Public Works as a person engaging in investment
activities in lnm as described in State Finance and Procurement Article, § 17-702, Annotated Code of
Maryland; and
(b) It Is not engaging in investment activities in Iran as described in State Finance and Procurement
Article, § 17-702, Annotated Code of Maryland.
2, The undersigned is unable to make the above certification regarding its investment activities in Iran due
to the following activities:
NIA _ _ _ _ _ _ _ _ _ _ __
L. CONFLJCT MlNERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR
SUPPLIES AND SERVICES CONTRACTS)
I FURTHER AFFIRM THAT:
The business has ooinplied with the provisions of State Finance and Procurement Article.§ 14-413,
Annotated Code of Maryland governing proper disclosure of certain infonnation regarding conflict
minerals originating in the Democratic Republic of Congo or its neighboring countries as required by
federal law.
M. I FURTHER AFFIRM THAT:
Any claims of environmental attributes mo.de relating to a product or service included In the Bid or
Proposal arc consistent with the Federal Trade Commission's Guides for the Use of Environmental
Marketing Claims es provided in 16 CFR §260, that apply to claims about the environmental attributes of
a product, package, or service in connection with the marketing, offering for sale, or sale of such item or
servi<:e.
28
N.ACKNOWLEDOEMENT
1 ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be
distributed to units of: (I) the State of Maryland; (2) counties or other subdivisions of the State of
Maryland; (3) other states; and (4) the federal government. r further acknowledge that this Affidavit is
subject to applicable laws of the United States and the State of Maryland, both oriminaJ and civil, and that
nothing in this Affidavit or any contract resulting from the submission of this Bid/Proposal shall be
cons1rued to supersede. amend, modify or waive, on behalf of the State of Maryland, or any unit of the
State of Maryland havlngjurlsdictlon, the exercise of any statutory right or remedy conferred by the
Constitution and the Jaws of Maryland with respect to any misrepresentation made or any violation of the
obligations, terms and covenants undertaken by the above business with respcot to (I) this Affidavit, (2)
the contract, and (3) other Affidavits comprising part of the contract.
I DO SOLEMNLY DECLAR~ AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE
CONTENTS OP THIS APPJDA VIT ARE TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE, INFORMATION, AND BELIEF.
Date; February 17, 20 J6
By: Deniz H. Hardy, Esq. - General Counsel (print name of Authorized Representative and Aff11nt)
a~ ·)j~
(signature of Authorizod Rop...omativund Afllant)
29
EXHIBIT E-LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS
Living Wa1e Requirements for Service Contracts
A. This contract is subject to the Living Wage requirements under Md. Code Ann., State
Finance and Procurement Article, Title 1St and the reguJations proposed by the
Commissioner of Labor and Industry (Commissioner). The Living Wage generally applies to
a Contractor or Subcontractor who performs work on a State contract for services that is
valued at S100,000 or more. An employ~ is subject to the Living Wage if he/she is at leut
18 years old or will tum 18 during the duration of the contract; works at least 13 consecutive
weeks on the State Contract and spends at least one-half of the employee's time during any
work week on the State Contract.
B. The Living Wage Law does not apply to:
(1)
(2)
(3)
A Contractor who:
(a)
Has a State contract for services valued at less than $100,000, or
(b)
Employs 10 or fewer employees and has a State contract for services valued at
less than $500,000.
A Subcontractor who:
(a)
Performs work on a State contract for services valued at less than St 00,000,
(b)
Employs 10 or fewer employees and perfonns work on a State contract for
services valued at less than $500~000, or
(c)
Perfonns work for a Contraotor not covered by the Living Wage Law as
defined in B(l)(b) above, or B(J) or C below.
Service contracts for the following:
(a)
Services with a Public Service Company;
(b)
Ser\rices with a nonprofit organization;
(c)
Services with an officer or other entity that is in the Executive Branch of the
State government and is authorized by law to enter into a procurement
("Unit"); or
(d)
Services between a Unit and a County or Baltimore City.
30
C.
If the Unit responsibJe for the State contract for services determines that application of
the Living Wage would conflict with any applicable Federal program, the Living Wage
does not apply to the contract or program.
D.
A Contractor mustnot split or subdivide a State contract for services, pay an employee
through a third party, or treat an employe~ as an independent Contractor or assign work
to employees to avoid the imposition of any of the requirements of Md. Code Ann., State
Finance and Procurement Article, Title 18.
E.
Each Contractor/Subcontractor, subject to the Living Wage Law, shall post in a
prominent and easily accessible place at the work site(s) of covered employees a notice of
the Living Wage Rates, employee rights under the law, and the name, address, and
telephone number of the Commissioner.
F.
The Commissioner shall adjust the wage rates by the annual average increase or decrease,
if any, in the Consumer Price Index for al I urban consumers for the
Washington/Baltimore metropolitan area, or ~ny successor index, for the previous
calendar year, not later than 90 days after the start of each fiscal year. The Comxnissioner
shall publish any adjustments to the wage rates on the Division of Labor and industry's
website. An employer subject to the Living Wage Law must comply with the rate
requirements during the initial term of the contract and all subsequent renewal periods,
including any increases in the wage rate, required by the Commissioner, automatically
upon the effective date of the revised wage rate.
0.
A Contractor/Subcontractor who reduces the wages paid to an employee based on the
employer's share of the health insurance premium, as provided in Md. Code Ann., State
Finance and Procurement Article, §18~103(c), shall not lower an employee's wage rate
below the minimum wage as set in Md. Code Ann., Labor and Employment Article, §3413. A Contractor/Subcontractor who reduces the wages paid to an employee based on
the employer's share of health insurance premium shall comply with any record reporting
requirements established by the Commissioner.
H.
A Contractor/Subcontractor may reduce the wage rates paid under Md. Code AM., State
Finance and Procurement Article, §18-l03(a), by no more than 50 cents of the hourly
cost of the employer's contribution to an employee's deferred compensation plan. A
Contractor/Subcontractor who reduces the wages paid to an employee based on the
employer's contribution lo an employee's deferred compensation plan shall not lower the
employee's wage rate below the minimum wage as set in Md. Code Ann., Labor and
Employment Article, §3Al3.
J.
Under Md. Code Ann., State Finance and Procurement Article, Title 18, if the
Commissioner detennines that the Contractor/Subcontractor violated a provision of this
title or regulations of the Commissioner, the Contractor/Subcontractor shall pay
restitution to each affected employee, and the State may assess liquidated damages of $20
per day for each employee paid less than the Living Wage.
31
J.
Information pertaining to reporting obligations may be found by going to the Division of
Labor and Industry website http://www.dllr.stete.md.us/labor/ and clicking on Living
Wage for State Service Contracts.
32
EXHIBITE~l
Maryland Living Wage Requirements Affidavit of Agreement
Contract No. DPSCS 0001 60037
Name of Contractor Tecore, lnc. (also doing business as Tecore Networks)
Address
7030 Hi Tech Drive
City
Hanover
State
MI!
Zip Code
21076-1008
If the Contract Is Exempt from the Llvln& Wage Law
The Undersigned. being an authorized representative of the above named Contractor, hereby
affirms that the Contract is exempt from Maryland's Living Wage Law for the following reasons
{check all that apply):
D
0
D
Bidder/Offeror is a nonprofit organization
Bidder/Offeror is a public service company
Bidder/Offeror employs 10 or fewer employees and the proposed contract value is
D
Bidder/Offeror employs more than 10 employees and the proposed contract value
is less than $100,000
less than $500,000
· If the Contract Is a Living Wage Contract
A.
The Undersigned, being an authorized representative of the above-named Contractor,
hereby affll'DlS its commitment to comply with Title 18, State Finance and Procurement
Article, Annotated Code of Maryland and, if required, to submit all payroll reports to the
Commissioner of Labor and Industry with regard to the above stated contract The
Bidder/Offeror agrees to pay covered employees who are subject to living wage at least
the living wage rate in effect at the time service is provided for hours spent on State
contract activities, and to ensure that its Subcontractors who are not exempt also pay the
required living wage rate to their covered employees who are subject to the living wage
for hours spent on a State contract for services. The Contractor agrees to comply with,
and ensure its S\1bcontractors comply with1 the rate requirements during the initial term
of the contract and all subsequent renewal periods, including any increases in the wage
rate estabJished by the Commissioner of Labor and Industry, automatically upon the
effeotive date of the revised wage rate.
33
B.
NIA
(initial here if applicable) The Bidder/Offeror affirms it has
no covered employees for the following reasons: (check all that apply):
D
The employee(s) proposed to work on the contract will spend less than one·half of
the employee's time during any work week on the contract
D
The employee(s) proposed to work on the contract is 17 years of age or younger
during the duration of the contract; or
The employee(s) proposed to work on the contract will work less than 13
consecutive weeks on the State contract.
D
The Commissioner of Labor and Industry reserves the right to request payroll records and other
data that the Commissioner deems sufficient to confinn these affinnations at any time.
Name of Authorized Representative: Deniz H. Hardy
February 17, 2016
Date
General Counsel
Title
Ste.phen H. Harshani. Vic:e President and Chief Technology Officer
Witness Name (Ty e
r Printed)
Feb arr17 2016
Date
34
EXHIBIT F-MBE UTILIZ!ATJON AND FAIR SOLICITAUON AFFIDAVIT
&. MBE PARTICIPATIO
SCHEDULE
In connection with the Bid/Proposal submitted in response to Solicitation No. DPSCS
QOO 16037, I affirm the following:
1.
MBE Participation (PLEASE CHECK ONLY ONE)
D I acknowledge and intend to meet JN FULL both the overall certified Minority Business
Enterprise (MBE) participation goal of ill percent and all of tho following subgoals:
percent for African American-owned MBE finns
percent for Hispanic American-owned MBB finns
percent for Asian American-owned MBE finns
percent for Women-owned MBE firms
Therefore, I am not seeking a waiver pursuant to COMAR 21.11.03 .11. l aoknowledge that by
checking the above box and agreeing to meet the stated goal and subgoal(s), if any, l Jmlti
complete the MBE Participation Schedule (Item 4 below) in order to be considered for award.
~ I conclude that I am unable to achieve the MBE participation goal and/or subgoals. I hereby
request a waiver, in whole or in part, of the overall goal and/or subgoals. I acknowledge that by
checking this box and requesting a partial waiver of the stated goal and/or one or more of the
stated subgoal(s) if any, I DllU1 complete the MBE Participation Schedule (Item 4 below) for the
portion of the goal and/or subgoal(s) if any, for which I am not seeking a waiver, in order to be
considered for award.
2.
Additional MBE Doeumentation
I understand that I must submit the following documentation within l 0 Business Days of
receiving notice of the potential award or from the date of conditional award (per COMAR
21.11.03. l 0), whichever is earlier:
(a) Good Faith Efforts Documentation to Support Waiver Request (Attaehment D.. tq
(b) Outreach Efforts Compliance Statement (Attachment D-2);
(c) MBE Subcontractor/MBE Prime Project Participation Statement (Attaehmenb D-3AIB);
(d) Any other documentation, including additional waiver documentation if applicable,
required by the Procurement Officer to ascertain Bidder or Offeror responsibility in
connection with the certified MBE participation goal and subgoals, if any.
35
I understand that ifl fail to return each completed document within the required time, the
Procurement Officer may determine that I am not responsible and therefore not eligible for
contract award. If the Contract has all'eady been awarded, the award is voidable.
3.
Information Provided to MBE firms
In the solicitation of subcontract quotations or offers, MBE firms were provided not less than the
same infonnation and amount of time to respond as were non-MBE firms.
4.
MBE Participation Schedule
Set forth below are the (i) certified MB& I intend to use, (ii) the percentage of the total Contract
amount allocated to each MBE for this project and, (iii) the items of work each MBE will
provide under the Contract. I have confinned with the MDOT database that the MBE firms
identified below (including any seJf-performing MBE prime finns) ere performing work
activities for which they are MOOT certified.
Prime Contractor
PROJECT/CONTRACT
Projed Description
NUMBER
LIST INFORMATION FOR EACH CERTIFIED MBE FIRM YOU A.GREE TO USE TO ACHIEVE THE MBE PARTICIPATION
GOAL AND 8UDCOALS, 1F A.NV. MH PRIMIES1 PLEASE COMPLETE BOTH SECTIONS A AND B BELOW.
SEC'l'JON A: For MBE Prime Contractor1 ONLY includin MBE Primes In a Joint Venture
Percentage of total Contract Voluc to be porfotlmd wilh own
forces and oounted towards tho MBE overall participation goal (ur
MBB Prime Finn Niirno:
10
50% of the overall goal): _ _%
MBE Certilicirtion Number: _ _ _ _ __
PeroCJ)llSC of total Contract Value to be pcirformed with own
for~ and counted towards the subgoal, If any, for my MBE
claselflaition (1.1p to 100% of not more than onuubgoal):
_ _%
(If dually certified, check only one box.)
D African American-Owned
D Hlepanlc American- Owned
0 Allan American-Owned
D Women-Owned
D other MBE Cla881tication
Dcscriptioo of the Work to be performed with MBE prime's own
workforce: _ _ __ _ __ _ _ _ _ _ __
SECTION B: For all Contractors (lncludln& MBE Primes and MBE Primes in a Joint Venture)
MBE Firm Name:
Percentage ofTotal Contract to be provided by
this MBE: _____%
MBE Certification Number:
Description of the Work to be Performed:
(If dually certified, check only one box.)
D African Amerioan-Own,d 0 Hiapanlo American- Owned
D Asian American-Owned D Women-Owned
D Other MBE Cla&slflcatlon
36
MBE Firm Name:
Percentage ofTotal Contract to be provided by
this MBE: . ____%
MBB Certification Numbor:
Description of the Work. to be Perfonned:
(If dually certified, chock onl~ one box.)
0
African Amerl06n-Owned
Allan American-Owned
Other MBE Classlflcatton
8
MBE Firm N11
0
0
Hispanic American· Owned
Women-Owned
Percentage of Total Contract to be provided by
this MBE:
%
11 :
MBE Certification Number:._ _ _ _ _ _ __
D*ription of the Work to be Perfonned:
(If dually certified. check onl~ne box.)
D Afrleiln American-Owned D Hi1panlc Amerfcan- OWned
D Asian American-Owned 0 Women-Owned
D Other MBE Claaslflcatlon
MBE Firm Name: _ _ _ _ _ _ _ _ _ _ _ _ _ __
Percentage of Total Contract to be provided by
this MBE:
%
MBE Certification Number:
Description of the Work to be Porfonned:
dually certified, check only one box.)
African American-Ov.mad 0 Hispanic American- Owned
Asian Amerlcan·OWned D Women-owned
Other MBE ClnelflcatJon
B
D
MBE Firm Name:_ _ _ _ _ _ _ _ _ _ _ _ _ __
Pcrecnlage of Total Contract to be provided by
thi$ MBE:
%
MBB CertlflC8tion Number:
Deacriptlon of the Work to be Performed:
(If dually certJfied, check only one box.)
0
African American-Owned
0
1-f lspanlc American- Owned
0 Asian American-owned O Women-Owned
0 Other MBE Cla111floatfon
(Continue on separate page if needed)
37
I solemnly amrm under tbe pen1ltl11 of perjury that: (t) 1 have reviewed the ln11tructio111
for the MBE Utilization &: Fair Solicitation Aftid.avlt and MBE Schedule, and (ii) the
information contained in the MBE Utilization & Fair Solicit.tion Amdavlt and MBE
SebeduJe Is true to the best of my knowledge, lnfonaation and beUef.
Tecore. Inc. (also d/b/a Tecore Networks
Biddcr/Otferor Name
(PLEASE PRINT OR TYPE)
7030 Hi Tech Drive
Deniz H. Hardy. General CoWlSel
Printed Name and Title
Address
Hanover. Maryland 21076-1008
City, State and Zip Code
February 17. 2016
Date
38
STATE OF MARYLAND
DEPARTMENT O.F PlJBLIC SAFETY AND CORRECTIONAL SERVICJ:S
CONTRACTUAL AGREEMENT
DPSCSQ001'1068-C£LL PHONE MANAGED ACCESS AT
METROPOLITAN 'fRANSITlON CENTER (MTC) AND BALTIMORE CITY D.ETENTTION
CENTER (BCDC)
WITH
TECORE NETWORKS
THIS CONTRACT (the "'Contract") is made this t*dayaf March, 2017 by and between Tecorc
Networks and the STATE OF MARYLAND, acting 1hrough the Oepanmcnt of Public Safety and
Correctional Servi~.
In consideration of the promi!leS and the covenants herein conwned. lhe parties agree as follows:
1.
Deftnldo11a
In this C.ontract. the follow.ing words have 1he meanings indicated:
1.1
"COMAR,, mean• Code of Maryland Replarions.
1.2
"Contract Monitor" moans the Department employee identified in Section 34 of the Contract.
I .3
••Contractor'' mean~ Tccore Networbwhose principal business addras is 7030 Hi Tech Drive,
Hanover, MD 21076.
1.4
"Department'' means the Deputmont of Publ~ Safet).· and Correctional Scrv•.
1.5
..Procurement Offioar'" meanY the Ocpartm&:r1t employee idcntifted ~n Section JS oflhe Comract.
1.6
"State" means the State of Marl•land.
2.
Scope alC011traet
2.1
The Conb'e.ctor shall provide cell phone manapd access support and maintenam:e services at du:
Metropolitan Transition Center (MTC) and Baltimore City Detention Center (BCDC) In
a:cordance wilh the Contract and dHI incorporated Exhibits A·F Ustad in this leclion. If then: is
any conflict bet\\-een tbla Conb'8Ct and the Exhibits. the terms of the Conttact shall aowm. If
thme is aD)' conftict among the Exhibits, 1he following order of precedence shall determine the
prevailing provision:
Exhibit A-Contractor"s Scope of Work for Maintenance and Services
Exhibit B-Contractor'& Price Proposal Damd FebnlU)· 8, ~017
Exhibit C - State Contnct Affidavit
Bxldbtt D - Bid/ Proposal Affidavit
Exhibit E -Li\'ing Wage Affidavit
1
l.l
The Procurement Officer ma)". at any time, by \\Titten order. make changes in the work within the
general scope of the Contracl. No other order. statement, or conduct of the Procurement Officer
or any other penon shall be treated u a change or entitle the Contractor to an equitable
adjustment under this section. Except u otherwise provided in this Contract, if any ch8DF under
this section c:ausos an increase or decreue in die Contractor's cost of. or the time required for, lhc:
perfurnmnce of any part of the work, whether or not changed by the order, an equitable
adjustment in the Contract price shall be made and the Contnct modified in writing acc:ordiqly.
The Contrlclor must assert in writing its right to an adjultment undur this section within thirty
(30) da)'I of receipt of written change order and llhall jncJudc a Millen !lblfement scttins fOl1h the
nature Ind coat of such claim. No claim by tho Conttactor shall be all~ if ll5Crted after final
payment under thilli ContracL Failure to aanc to an iuljustment under ddiJ sect.ion shall be a
dispute under the Disputes claUBe. Nothing in this seaion shall excuse the Contrac10r flom
proceeding with the Contract as chaneed.
2.3
While the Procurement Officer may. at any time., by writton change order. make unilateral
chanps in the work within th• general scope of the Contraet as provided in St.9Ction 2.2 above,
the ContrBCt may be modifi~ by mutual agreement of the parties, provid,d: {a) the modification
is made in writing: (b) all parties sign the 1podiflcatio11; and (c) all approvals b)' the required
apncles u described in COMAR 1'jtle l 1, are obtained.
2.4
(f any t.erm contained in this contract i!J held t>r flnall)' determined to be invlllid, rllepl or
11DCnforceahle in any respect. in wholi: m' in part. 11ucb tenn shall be severed ftom this contract
and the remaining tenns contained herein shall continue in full foree and effect, and shall in no
way be affecl.ed. prejudiced or disturbed nearby.
3.
Pertad of PerlonD11nce.
3.1
The Colll!St res11ltinphall be ~r a period ofapproximatcly two (2) years beginning on or about
Mayl. 2017 and endina on April 30. 2019. The tmnn of this Contnct begins on the date die
Contract is signed b)· the Department folJowing applO\'al of the Board nf Public Works, if such
approval is required. Tho Contractor shall provide services under this Contract upon receipt at'
official notification of award and a written Notice to Proceed i!ISUed by tho Procurement Officer.
3.l
Audit. oonfidontilllity, document mention, indemnltlClllion obligations and any other provision of
this C.omract which contemplates perfunnanco or obscr\'aJlce subnquent to any tBlmination or
expiradun of this Contrlct shall survi\'C expiration or r.ennination of the Contnc:t and continue in
full force and effect.
4.
Comldentlon ud Payment
4. J
lo consideration of the satlstiLetory porfonnance of the work set fonh in Ibis Contr1et, the
Department shall pay the Contractor in accordance with the terms of this Contract and at the
prif.lCll qUOIN on the Contractor's Price Proposal(Exhiblt B).
Unless properly modified (see above Section 2.3), payment to the Contrac:tor pW"luant to this
C.ontract shall not exceed $972,400.00. The flrst annual maintenance fee will be paid on May 1.
2017. The second annual fee v.ill be paid May J. 2018.
BCOC Monthly Service Fee: $4,3SO.OO x. 12 months
BCOC Annual Maintenance Fee:
$51.200.00
$174.000,00
Total
2
5226.200.00
MTC Monlhly Ser\:icc Fm: $5,000.00 x 12 months
$60,000.00
~CAnDUl!IMN~D~IDIL!.?::11411:11.U<'ct!Lf~'ee
...._;~~~~~~~~~~~~~$~2-00Q•oo......,o~.oo~
Total
.S'UiD,000.00
Yearly Tofal for both Fadlltlel: • $416,200.00
CGatractual Total (two yun): • 59'72,400.00
Contnctor shall notify the Contract Monitor. in writing, at least sixty (60) da)'I before payments
reach the above specified amount. After notification by the ConU'ICtor, if the State faiw to
increase the Contnct amount, the Contr&:tor lhlll ha\.-e no obllption io perfonn under this
Contract after payments rach the seated amountj provid~ howe\'81', that, prior to the statad
amount being reached, the Contractor 1hall: (•) promptly consult with the Stale and work in good
faith to establish a plan of action to l&SW"e that e\'CI')'' reasonable effort has been undertaken by the
Contnactor to ~plcto Stai.defined critical work in prosress prior to lhe date the stated amount
\\ill he reached; and (b) when applicable secure dalabuos, syi;tems, platform~ and/or
applications~ which the Contrector is work.ins so that no damage or vulnerabilities to any of the
ume will exist due to the cxistcnc:c of any such unflnished work.
4.2
Payments to the Contnwtor shall be mode no later than thi.rt)' (30) da>' at\cr the Dopartmont's
rec:eipt of u pn.'pcr in\·oicc: for wrvii:CI' provided b) the Contractor, llCCopta~ by the Department
of services pl'l•Vided by the U.mtractor. and pursuant to die conditions outlined in Section 4 of this
Contract. Each invoice ftu scrvic.:e1 renderod mu&t include the Contnctor's Federal Tax
ldentifkation '~r Socia.I Securit)· Number for a Contractor who ill an indi~idual which is 75·
2424245. Charges for 18 payment of invoices other than as prescribed at: Md. Code Ann., S1Bte
Finance and Procurement Artic:l~. f 1S-104 u from time-to-time a..,nded, are prohibited.
Invoices :1h11l be suhmillod to the Contract Mnnitor. Electr'Onk l\andit transfer shall bo used by
thti State lO pay C.uotraaor pursuant ll1 this Conlnlct and any other State payments due Contractor
unless the State C.omptroller's Office pants Contractor an exemption.
4.3
In addition to any other a\·ailable remedies. if. in lhe opinion of the Procuroment Officer, the
ContnM:lor fail111 to perfurm in a 11atillfictor)· and timely manner. 1he Procumnent Officer may
refilse or limit approvaJ of an)· imroi"' for pa)tnent, and may cause payments to the Conbactor to
be reduced or wilhhold w1til such time as the Contractor meets perfonnanc:e standards u
established by the Procurement Officer.
4.4
Payment of an Invoice by the Department is not evidence that services were rendered as required
under this Contract
4.4
Conll'l.CtDr's tMal)·landMarketplac:e vendor ID number is 268905.
4.S
~
invoice must cc>ntain the following infurmation:
•
•
•
Contrac1or name;
Remlt1ancc address;
Federal 11Xp8)'er Identification number (or if sole proprietorship, the indMdual's 10Cial
sewrity number);
•
•
•
•
Invoice period;
Invoice date;
lnvoic:e number
Sta: asipod Contract number;
3
•
State aaigned (Blanket) Purchase Order numbcr(s);
•
Goods or sm·ic:cs provided; and
•
•
Amount due.
Any other documentalion requested by the Department
and must be submitted to:
AC(lOIDlli Payable
Maryland Department of Public: Safety and Conoctional Services
300 E. Joppa Road, Suite 1000
To~"SOn, MD 2 t 216
Invoices submiuN without the required Information cannot be proc:essed for payment until
the Contractor provides the required infonnlllion.
4.6
Invoicing Schedule:
Invoice. shall be submitted by the 15* of the month for servicet rendered for the prior month.
5.
.Rlgbta to Reconll
S. l
The Contractor qrecs that aU document! and materials inc.hiding. but not limited to, softwlre,
ropcm. cbawinp. studies. tpOClfication5. estimates, tests, maPfl, photo~h1. deligns. graphie1.
mechanical. lll'b\.'Ol'k. computations. and data ~ by the Contractor fur purposes of this
Contract shell be the llCIJ~ property of the Stm and shall bc'B\l&ii.ble to the State at Ill)' time. The
Stlll shall have the right to use the same wnhout restriction and without compcnlltion to 1he
Contractor other than that specifiea.11)' provided by this Contract.
S.2
The Contractor qrccs that at all times durina the term of this Contract and dwrafbsr, works
creetcd as a deliverable under this Cuntmct. and 1el'Yiccs pcrfonncd under this CuntnU lhalJ be
"works made for hire" u dmt tenn i1 inhlrpnmid under U.S. COJ')'risht Jaw. l'o the extent that any
produe11 created as a deliverable llllder this Con&ract are not works tbade for hire for the State, the
Comractor hereby relinquishes.. transfers, and assigns to the State all of its riabts, title, and
inla'ell (including an intellectual peoperl)· rights) to all such products crea~ under 1hi5 Comrac:t.
and will cooperate rcuonably with the State in effecluating and rcgilttc:ring any necosaary
assipmcnts.
S.3
The Contractor shall repon to the Contnct Monitor, promptly IU\d in written detail, each notice or
olaim of oopyript infringement received by the Contnwtor with respect to all data delivered
under dda Contract.
S.4
The Contrutor shall not aff'IX my rostrictive markings upon any data. documentation, or other
lllll1:l!rial1 provided to the State hereunder and if such marlr.inp 11re affixed. the State shall have
the right at any time to modify, remove. obliterate. or ignore auch warnings.
5.5
This Section S lhall 1UNiw expiration of the Contract.
The state lhall have the exclusive right to uae, duplfcate, and dftelosc any data, Information, documents,.
records, or relJ~ in whole or in part. in any manner for any purpose whatsoover. that may be crea!!d or
generated b)' the Connctor in connection with this Con1ract tf my materia~ including software, Is
capabre of being coronghted. the State sbaJl be the copyright owner and Contractor may copyright
material connected with this r>roject only wirh the exptets written approval of the State.
7.
Patna., Copyrtpt9, and IateUecmal Propeny
7.1
If the Contractor furnishes any design., dClice, material, process, or olhar item, which is coveml
by a patenL trademlll'k or service mark, or copyright or which is proprietary tn, or a trade sc~t
o~ another, the Contractor shall obtain the necessary permission or license to pcnnit the State to
use such item or items.
7.2
The C.ontractor will defend or sett!~ at its own expense. an)' cl1.im or suit against the State
alleging th.et any such
fumjshcd by the Contractor infringoa In)" patent 1radcmark. service
~ copyright. or trade ~. ff a third part}' claims thal a product infringes that party's~~
trademark. service mark. trade secret. or copyrlsht. the Contractor will defend the State against
that olaim at Contra'*'r's apcru;e and will pay all darMgcs. costs. and attorneys• fees that a court
rmally awards. provided the State: (a) promptly notifies the Canlractor in \\Titing of the claim:
and (b) aJlo ~·s Contractor to control and cooperates with a1ntmctC1r in. the defense and any
reta_ted settlement ncgotiiJtion!. The obliptions oftl1is paragraph are in addition to those ~lated in
Section 7.3 below.
7.3
If any produces furnished by the C.Ontnctor become, or in the Contractor1a opinion an: likely to
bei:<lme. the subject ofa claim of infringement, the Cnn1rador "'ill. at Its option and expense: (a}
procure fur ltte ShW! the right to conrinllc U&ing the llpf'licable Item; (h) replace the product with a
non~lnfiinging product substantially compl)'ing with the item's spocificatlons; or (c) modifY the
ilmn 110 that it becomes norrinfringing and performs in a substantially simi]ar manner to th~
mm
oriafnal itmi.
8.
Confidentiality
8.1
Subject to the Maryland Public Infannation Act and any other applicable laws. including without
limitation,. HJPAA, the HI·TECH ACT, and the Maryland Medical Records Act. all confidential
or pmpt'ietary information and documentation relating to either party (including wilhout.
limitation, any infonnation or data stored within the Cootractor'1 computer system&) shall be held
in absolute confidence by the other party. Each party ahaU: ho~, be pennitted to disclose
relevant confidential infonnatian to it°' officers. agent&, and employees to the extent diet such
disclosure is necessary for the pcrformancc of 1heir duties under this Contrad. provided th t the
data may be collecVd. used. disclosed, sbmd, and disseminated only u provided by and
consistl!nt with the law. The provisions of this section shall not apply to infonnation that: (a) is
lawfully in the pubJic domain: (b) has been independently developed by the other party wi1hout
violation of this Contract; (c) was already in the posscuion of such party. (d) \\'lll supplied to
such party by a 1hlrd party lawfully In possession thereof and legal!)' pcrm.itkd to further disclose
tho information; or (c) which such party i6 required to disclose by law.
8.2
This Section 8 shall survive expiration or termination oflhis Contract.
s
9.
Loa of Data
In lbe event of lou of any State data or records where such loss is due to the intentlOMJ act or omission or
negligence of the Contractor or any of ha subcontractors or aaentB. the C.onaractor shall be responsible for
recreating such lost data in tbe manner and on the sc:hedulc set by the Contract Monitor. The Contnctor
shall ensure 1lm all data is backed up and recoverable by the Con1rllctor. Contractor shall Ute its best
efforts to assure that at no time shall any ac:tions undertaken by the Contractor under this ~(or ID)'
failures to ICt when Contnctor has a duty to aet) damage or create 111y vulnerabilities in data bases,
S)'Dnl9, pJatfonm,. and/or applications with which the em.tractor is working hereunder.
ti.
Iademalfleatioa
10.1
The Contractor shall hold hil"nnless and indemnify the State ftom end against any and all lol!SeS~
damages.,. claim&, suits, actions, liabUities, and/or expenses, including, without limitmion.
attorneys' fee1 nd dilbur.iemenlll of an)J character that arise fmru. lll'e in connection with or !ft
attributable to the perform nee er nonperfonnance of the Contractor or its subcontracton under
this Contract.
10.2
This indcmniftc:.aion clause Bball not be construed to mun that the Conttactor shall indemnify the
S1Atc apilllt Habilit)- fur any losses. damq~ clalms. suits, actions, liabilities, and/or expenses
that are auributable to the .sole negligcnca of the Sta1e or lhe State's employees.
10.3
Tho Stlfe has no obligation to provide lepl counsel or defense to the Contrleto, or its
subcontractor& in dle event that a suit. cJaim. or ac;tion of any character is bmugbt by any person
not party to this Concract against the Contractor or itR subcontractms a a result of or relating to
Iha Contractor's performanca under this Contract.
10.4
The Sta1e has no obliption for the payment of any judgments or the settlemenr of any claims
•aainst the Contniator or ht subcontractors as a .n:sult of or relit.ins to the Contrm:tor's
performance under this Conb'Gt.
10.S
The Contractor shall immediately notify the Procurement Officer of any claim or sui1 made or
filed against the Contractor or its suhcontrawxs ~garding any matter resulting from, or relating
to, the Contractor's obligatic>ns under the Contract and ~ill conpmue, assist. and coniult with the
State in the defenae or inve9tiptlon of any claim. suit. or action made or filed qainst the Stale as
a resuh of, or relatfna to, the Contnctor•s perfonnance under this Contract.
10.6
This Section 10 shall survive termination ofthis Contract.
11.
Noa-Bi.rins of Employees
No officiaJ or employee of the State, as defmed under Md. Code Ann., General Provisiorui Articl~ § 5101 whose duties!" such official or employee include matteni reblting to Of affecting dte subject matter
oftbis Contrad:. shall. during 1hc pendency and term of this Contract end while serving 11S an official or
employee of the State, beeome or be an employee of the Contractor or any entity that is a sulx:ontractor
on this Contract.
6
12.
Dilpuca
Thia Conlract shall be subject to the proviaions of Md. Code Ann., Smte Finance and Procumnent
Article, Title l S, Subtitle 2, and COMAR 21.1 O(Administrative and Civl1 Remedies). Pending resolution
of a claim. the Contractor shall proceed diligently wilh the performance of the Contnct in accordance
with the ProcUIOrnenl Officer's decision. Unless a lesser period ie pro\lided by pplicablc Slahrte,
regulation, or 1he Cootractt the Contractor m\l!t fite a written notice of claim with the Procurement
OfficcJ" within thirty (30) days after the basis for the claim is known or ahould have been known,
whichever i1 earlier. The ContradDr must submit to the Procurement Offic:er its written claim containing
the infommion specified in COMAR 21.10.04.02.
u.
Mlryla d Ld'
13.1
This contract shall be construed. in•rpmed, and enfoR:ed .:cording to the laws of th~ State of
Maryland.
B.2
The Md. Code Ann•• Commercial Law Article. Title 22, Maryland Unifonn Computer
Information Tnnuctiona Act, does not apply \0 this Contract or tO any purchase on:ler or Notice
to Proceed inucd under this Contract.
13.3
Any and all references to the Maryland Code, Annotated contained in this Contract shall be
construed to refer to such Code sections as are from time to time amended.
J4.
N~adllCrimlnadon
la Employment
The c.ontractor ~r;; (a) not to disorimin "' in any manner against an employee or applicant f-or
cmpl())1DCDI bec:auae of nuJe, oolor. religion: creed,
11@0.
sex.
maritaJ mtus, national origin, ancestry,
sexual aricrnation. gender idcnt~. genetic tnfonnation. or disability of a qualified individual with a
disabt1il)·; (b) to include a pro••i~lon similar to that contained In aubsection (a), abo\-e, in any underlying
subcontrect txcopt a subcontract for stall.dard commercial supplies or raw mB1erials; and (c} to post and to
cause subcontractors to po5t fn COhlpicuous places availabl£ to emJ'loyees and appljcant:B fur employment
noti<:es setting forth the substanoe of this clause.
15.
CoDtillgcnt Fee Prohibition
The Contractor warrants that ft has not employed or retained any person, partnerahip, corporation, or other
cntif)•, other than a bona fide employee, bona fide agent. bona fide salesperson, or commercial selling
agency working for 1he 'bl15iness, to solicit or secure the Contract, and that the busi.ncn has not paid or
agrcod to pay any perso~ partnership, coiporatlon, or other entity. other than bona fide employee, bona
fldo agent. bona fide salesperson. or commercial selling agency, any tee or any other consideration
contingent on the making of this Contnld.
16.
Noa•a\'aDablllty ofll'uncliq
If the General Assembly fails to appropriate funds or if funds are not othelwise made available for
continued perfonnance for any fi~ I period of this Contract succeeding the first fucal period, this
Contract shall be canceled automaticaUy u of the beginning of tha fiscal year for which funds were not
appropriated or otherwise mad~ available; provided. htr9'revec, that this will not affect either the Stl.lm's
rights or thr: Contrac10r•s rights under any tcnr1inatioo clause in this Con11act. The effect oftennination
of the Conira.ct hereun4er will be to disoharsc both the Contractor and the S1ate iiom future porfonnance
of tho Contmct. but not ftom their rights and obligations existing at the time of termination. The
7
Contractor shall be reimbursed for the R!uonable l-'8..lue of any nonrecurrins costs incurred but not
11110rtized in the price of the Contract. The State shall notify lhc ContraclOr as soon u it has knowledge
lhat fundl may not be av1ilable for lhe continuation of this Conlract for each sucecc:ding fiscal period
beyond the first.
17.
Termiutlon for Cau1e
If the Contractor fails 10 fulfill ill oblisations under this Contract properly and on thne, or otherwise
\•iolates &n)' provision of the Contract, the Smw may tcnninaa:: the C.Ontmct by written notice to the
Contractor. The notice shall specify the acts or omissiona relied upDn as ~me for termfnlllion. All
tinithed or unfinished work pl0\1Jded by die Comnlctor shall! at the State's option, bocome the Statcts
property. The Smt.e shall pay the Conaracmr fair ind equi1able compensa1ion for 11tisfactory perfonnance
prior to receipt ofnoti~ oftmn.ination. leu the amount of damages caused by the Contractor's breach. If
the damqca are more than rhc compensation p&)'lble to the Contractor, the Conb'Ktor will remain li1blc:
after tennination and the Stak can affumatively collect dam1ges. Termination hereunder. including the
termination of the rights and obligations of the parties, shall be pemed by the provisio111 of COMAR
21.07.01.118.
18.
Termlll tlOll for Coawealente
The pmormance of work under this Comract may be tenninatcd by the Seate in accordance with this
clause in whole. or from time to time in part, wbdewr the Stam shall dmrmine that such termination is
in the best interest oftlw State. The State \\·ill pay all reasonable costs associated with Ibis Contnct that
rhe C'.ontractor has incurred up to the date of termination. and all reuonable C()sg usoclated with
termination of the Contract; ~idod. hO\W\'er. the Contractor !lhJlil not be mmbuncd for any
anticipatory profits that have not been earued up to the date of tenninaiion. Termination hereunder,
including the detmmlnatlol'I of the rights and obliptions of the parties. shall be governed by the
provisions of COMAR 21.07.01. l:?A(.2).
19.
Dela)'I and Estcmiona ofTilne
The Conhctor qrecs ro prosecu• tht work continuously and diUgentJ)' and no ch,.,..s or ~Jaims for
damages shall be made by it for any delays. intcmJption", interferences., or hindr~ces from ID)' cause
whalsoever during the progn:ss of any portion of the work specified in this Contract.
Time ex.ienaions will be granted only for excusable delays that arise ftom un~seeable causes beyond
the control and without the fault or negligence of the Contractor. including but not restricted to, acts of
God. ~ of the public enemy, -=ts of the State In either its sovcrcian or contractual capacity. ICb of
another Contractor in the pcrformanco of 1 conbact with the Slate. ftn9S, tloods, epidemics. quarantine
restrictions.. strikes, freiaht cmbarps. or delay!! of sutK:ontracton or suppliers arisins from unforeseeable
cau• beyond the control and without the fault or negligence of either the Contnctor or the
suboontmctors or suppliers.
lt.
Supeallon of Work
The State uniJmrally may order the Contractor in writing to suspend, delay, or interrupt all or any part of
its pcrfonnance for such period of time a1 the Protumnent Officer may determine to be apprvprim for
the convenience of the State.
21.
Pn>-Emtina Qesulatioa1
8
In aecordanc:e with the provisions of Md. Code Ann., State Finance and Procurement Anicle. § 11-206.
the ~lations set fonh in Title 21 of tho Code of Maryland Regulations (COMAR ll) in etfeot on the
date of execution of this Contract are applicable to thi1 ContrGt.
u.
Flauet.J Dlldosun
The Contractor shall comply with the provisions of Md. Code Ann.~ State Fhwlce and Procurement
Article, f 13-221, which requfl'CI that e\•ery penon that en1ers into contracts, lea•&, or othor agreements
with the Statci or i1B agencies durinai a calendar year under which the business ia to receive In the
aggregate, $100.000 or more. shall withbt thirty (30) days of the time when the aggregate value oflheae
conttm:ts, leases or other asnements reaches S100,000~ file with the Sccrctmy of the Sl91e cc:nain
specified infonnation tu include di9Closure of beneficial ownership of the bueiness.
23.
Political Comtrtbutloa DIHlonre
The Contractor shall comply \\oith Md. Code Arm., Election Law Article, Title 14, which requim that
l\.el'). pel"90n that enters into a contram for a procurement with the StUe, • coumy. or a municipal
corporation. or other political subdMsion of the State, durin1 a calendar year in which die person ~ives
a contract wi1h a governmental enrit)· in the amount of $200,000 or more. shaJL file wi1h the State Board
nf F..lectiuns
statements disclosing: la) aoy contributions made during the reporting period to a
~andict.fe tor electi\-e office in any primary or gencfDl clectk\n; and (b) the niune of each eandidate to
whom one or more canb'ibutiC111s in a cumulative amount or $500 or more were made during the reporting
period. The statement :lhaU bl= filed with tM State Board of Elccdona: (a) before an ~cution of a
contract by the State, a county. municipality municipal incorporation,. or other political subdivilion of the
State. and !ihall cover the ~4 month!I prior tn ~·hen a i:ontract "'u award~; and (b) if the contribution iJ
made aft.er 1he eucution of a conttac~ then twice a year. thmughout the contract ienn, ore (I) February S.
to cover the six (6) month period ending JanUlll)' 3t; and (ii) AUSU!it S, to cover the six (6) month period
ending July3 l. Additional information is available on the State Board of ~lections website:
http://www.elecdons..mre.md.us/campaign_financelindcx.html.
24.
Donmentl Retention aad lmpedioa Claue
The <;:ontractor Uid subcon11'1Cton shall main and maintain •11 records and docwnentl relating to this
contract for a periad of five (5) )'tars after final pa)'ment by the State hmundcr or any applicable statute
of limitations., "ilichever is longer, and ahall make them available for inspe\.'tion and audit by autboriied
rcpresontati\-es ·o f the Stmte, including 1he Procurement Officer or designec, It all reasonable times. All
rcconfl related in any way to the Contract ll'C 1D be retained for the entire time provided under this
teetion. This Section 24 shall survive expiration or tmnination ofthe Contnct.
15.
Compliancewttll Laws
Tho Contrctor hereby represents and wan'Bllts thlrt:
25. l It i5 qualified 1D do business in the State and that it will take such action a11, from 1ime to time
hereafter. may be necC111uy to remain 10 qualified;
25.2 It is not in arrears with respcc:t to the payment of any monies duo and owing the S • or any
department or unit thereof. including but nd Umit«l to lhe paymcnt oftaxos and employee benefits,
and that it shall not become .-o in arrean during the tenn of this ContnK:t;
9
:!S.3 It shall comply with ail federa~ State and local laws, regulations, and ordinances applicable to its
activitiea end obliptions under Jbis Contract; and
25.4 It shall obtain. It its e"pense, all liccn1CS1 pmnits, insurance, and govemmentaJ approvals, if any.
~- to the perfonnance of ft& obligations under this Contra.ct.
l6.
COit and Price Certlflcadoa
By submitting cost or price infonn tio~ the Contractor certifies to the best of its knowledge that the
information !lubmiued is accuraie. completr. and current as of the dam of iu Bid/Proposal
The price under this Contract and any change order t>r modification hereunder. including proflt or fee,.
shall be adjusmd to exclude any significant price incttases occwring because the Contractor furnished
cost or price lnf°"118.tion whJch. as of the date of its Bid/Proposal, was in~urato, incomplete. or not
ciment.
27.
Saheoatractiac; Aulpment
The Contractor may not subcontract any portion llf the services provided under this Contract without
obtaining the prior writton approval of the Proc:urc~nt Officer. nor may the Contracior assign this
Cootract or any of its rights or obligations hereunder, without the prior written appro\'al of the
Pmcurement Officer. provided, however. that contractor may assip monies receivable under a contract
afh:r due notice to the Stare. Any iUbc:ontrac:ts 1haH include such languagc as ma)' be required In various
cJauscs containlld within this Conlracl, exhibits. and attachments. Tiltil Contract shall not be assignod W\til
aJJ approvals, documenlll, and affidavits a.re completed and pr<lperl)1 regi.slettd. The State shall not be
rnponsible for fulfillment of the Contractor's obligallons IO Its subconb11.Ctors.
28.
Llab ty
~.I
For breach or this Contract. ncgligen~e. 1nisrepresc:ntation. or any other contnct or tort claim.
Contractor shall be liabl., as follows:
L
For infringement of patents, copyrights, trademad:s, service marks, and/or tndo secrets, as
provided in Section 7 of this Contract;
b.
Without llmhmion for dam1aes for bodily injury (including death) and damage to real
property and tangible personal property; and
c.
For all other claims, damages,. losses, costs. expenses, suits. or actions in any way related to
this Co~ ~prdless of the form. Contractor's liability for third party claims arising
under Section 10 oflhis Contract shall be unlimited if the Star.e is not immune from Hability
for claims arising under Section 10.
JG.
Commerdal No dllcrlmlaatioa
30. I
As 1 condition of e~ into tbfa Contnact, ContraCIDr repretentl and ~'811'1Jlts that it will
comply with the State's Commercial Nondiscrimination Policy, aa described at Md. Code Ann.,
Stile Finance and Pmcwement Article, Title 19. As put of such compliance, Contnietor may not
discriminale on the basis of raice. color. religion. ancestl)I or national origin. sex., age, marital
ltatWI, sexual orientation~ gender identity, or on the buis of disability or other unlawfbl forms of
discrimination in the solicitation, se~tion, hiring. or commercial treatment of subcontractors.
10
wndon., supplien. or commercial customers, nor shall Contractor retaliate against my person for
reporting instances of such dilCrimination. Contractor shall provide equal opportunity for
tubcontractora. vendon, and 1upplicn to participate in all of its public sector and private sector
s11bcontncting and upply opportunide1, provided that this clause does not prohibit or limit
lawful eftbrts to RlJtledy the cffeeta of marketplace dimminatlon that haw occumld or are
occurring in 1he marketplace, Comractor undel'ltands that a material violation of this clause shall
be cmllidered a material breach of this Contract and may re.ult in termination of this Contraet,
disqualification of Contractor from participating in State contract&. or other 11Dctions. This
claose is not enforceable by or for the benefit of, and creates no obligation to, any third party.
30.2
The Contractor shaJI include the above Commercial Nondiscrimination clause. or similar clause
approved by the Departmenl in all subcontracts.
30.3
As a condition of entaing into th.i& Contract, upon the request af die C.Omminlon on Civil
Right&, and only after the tllinR of a complaint apinst Conttaetor under Md. Cade Ann .• Stare
Finance and Procumnent Article,. Title I9. u amended from ~ to time, Contnctor grees to
provide within sin)' (60) da)'i after the req~1 a ~pla Hat or lho name."! of all subcon1ractors,
vendors, and suppliers 1hat Contractor has used in the put fuur (4) years on 1111)' of itB contracts
that were u'*rtalcen within the Stm of Maryland, inc:ludins the totaJ dnlw amount paid by
Cmtractor on each subcot1tract ur supply cuntra~ c.'ouiractor further qrecs to cooperate in 111y
in\·cstlptfon conducted by the State pursuant tu the State's Commmcial Nondi1erimination
Polic)' as sat fhrth at Md. Code Ann., State Finance 1nd Procurement Article, Title 19. and to
pro\·ide any documents relnant ro any investigation !hat are requo!iled by the S11la. Contractor
undentandrs that \iolation of thi' clause is a mamial bn:ac:h of this Con~ and may reirult in
oonnct tmninatlon, disqualif1eation by the State from participatita9 in Stale contracts.. and othor
sanctiom.
Jl.
Prompt Pay Reqalrenaentl
31. 1
If the C011ttaetor withholds payment of an undisputed amount to its JUbcontractor. the
Department. at 118 option and in its tOlc diserction. may tab one or more of tho following iu:dons:
a.
b.
c.
d.
o.
3 t .2
Not process ftather payments to the contractor until payment tn the subcontractor js
-verified:
Su1pend all (It 90IDC of the contrlCl work without affeclin1 the completion date(s) for the
contract work;
Pay or cause payment of the undisputed amount to the subcontractor from monies
otherwise due or that may become duo;
Place a payment for an undit1putcd amount in an imrest-bearing escrow account. or
Tab other or further actions as appropria~ to f'CllOJve the withheld payment.
An "'undisputal amount" muns an amount owed by the Contractor to a subcontnsctor for which
lhere is no good faith dispute. Such "undirpu~ amounts.. include, without limitation:
a.
RetaJnage which had been withheld and
is~
by the terms of the agreem'1lt between the
Contnetor and subcontrac10r, due to be d'stributed to the subcontrac:tor; and
b.
An amount withheld because of issues arising out of an agreement or occurrence unrelated
to the agreement under which the amount is withheld.
11
31.3
An Kt, &ilure to act, or decision of a ProcURH11ent Officer or a representati~ of the Dcpmtment,
'eOllc:cming a withheld payment between the Contractor and a subcontractor under this provision,
mayoot:
a.
b.
c.
Affect the righll of 1he 1.1<>ntmrung parties under any other provision of law,
Be used as evidence on the merits or a dispute bcm\1'e11 the o.,partment and the contractor
in any other proceeding; or
Result in liability against or prejud~ 1het rights of the Department.
31.4
The remedies enumended abo~-e are in addition to those provided under COMAR. 21.11.03.13
\\·ith respect t.o subcontracton that b&\.'e contracted pursuanc to the Minority Business Entel'Pfise
(MBE) proaram.
31.
luaruce Require 11111
32. l
The Contractor shall maintain Commeroial General Liabilitf Insurance with limits 1uft"1eient to
CO\'er losses reauldng ftom» or arllina out of, Contractor action or inaction in the performance of
the Contract by the Contractor, its a1ents. servants. employees~ or subcontractors, but no less than
1 C.ombincd Single Limit for Bodily Jajury. Property Damage, and Personal and Advertising
lqjury Liability of S 1,000~ 000 per O<.'Cutrence and S 3.000.000 aggrepte.
32.3
The State of Mar)·land shal I be named as an additic.mlll named insured on all liability puliciea
(Worbr"s Compensation and Professional Liability excepted) and certificates of insurance
iwidencing this coverage shall bo pro,ided prl,1r to commencemem of the contract. All insurance
policies shall he endorsed to include a clause that nsquim that the insurance wricr pro"ide the
Contnct Monitor~ by c:ertifiied n1aiL not Jess than 4S days~ advance notice of non-renewaJ, the
Contractor shall provide 1he Conlrlet Monitor with 111 insurance policy &om another carrier at
least 30 days prior to the expiration of th.: i111U1'8JICe poliq: then in effect. All insurance policies
shall be with a company licensed by the State to do business and to provide such policies.
32A
The Contractor shall require that any subcolllnictors providing services under this Contract obtain
and maintain similar levelis of insurance and shall provide tho Contnct Monitor widt the nm~
documentation~ is required of the ConUIC10r.
33.
Seauity
33.1
Any person wha Is an employee or agent of the Contractor or subcontractor and who entss the
pnm1i1es of a faoility under the jurisdiction of the Department is subject to search of his or her
person and/or propen;y. and in addition may be rmgerprinted (for the purpose of a criminal history
backp>und check). photographed and required to wear an identiflcation cani ismed by 1he
Dcpll'tmenl Further. the Contractor~ ita employee• and agents and subcontmctor's employees and
agents shall not viol.ale any provisions of Title 9, Subtitle 4 oftha Criminal Law Article of the
Annotated Code of Maryland and such other securi1)' regulations. directives and policies of the
Department about which they may be infonned tram time to time. The failuR: of any of the
Contractor's or subc:ontrac:tor's employees or agents to comply wilh 'any proviaion of this Section
33 of thil eontrac:t is sufficient grounds for this Department to immediately 'hmninate this contract
for dofimlt.
33.2
The Contractor shall comply with the MD JnfonnatJon Technology Security Polley and S1andard1
available on line at: b~it.ma...!)',(M.d.,&oytnipwn!Pages/Securii)'Pol icies.asm
12
.W.
Contnct Moaltor ud Prucuremeat Officer
The work lo be accomplilhed under this Contract shall be peri'orrned undor the direction of die Contrst
Monitor. All matters relating to the interpretation of this C.OUtract shall be referred to the Procurement
Officer for determination. The Contract Monitor identified for this contract Is Jay Miller. The work to be
aocomplilhed under1hls Contract shall be performed under the direction of the Contract Monitor.
ff.
Noticea
AH notkcs hereunder shall be in \\ritirt1 and either delivered personally or lent by certified or rqiltered
mail, postage prepaid, 11 follows:
Jf to the State: James Dipino
Procuniment Officer
300 East Joppa Rold, Suite 1000
ToWBOn. MD 21286
Phone:410-339-5013
lames.dipino@rnaryl!Uld.gov
lfto the Conlnctor:
J. F. Gerrity
President and Chief financial Oftlc:er
7030 Ki Tech Drive, Hanover, MO 21076
iprtily@teoore.co.m
JN WITNESS THEREOF. the partie11 han executed this Contract u ot'the date herclnabovc set
fonh.
STATE OF MARYLAND
DEPARTMENT OF PUBLIC SAFF.TY
CORRilCTIONAL SERVICES
CONTRACTOR
<1.
~~
••
1.
~
\By:SECRBTARY,OPSCS
__. G E:&B-rr'f
Or Dcsignee:
"°PRe-.s.~CYO
I
Approved for fonn and legal sufficiency
this ..1tt. day of tfl.v .6' Z, , 2017.
~~11€¢:
Assistant Abomcy General
)J
I
STATE OF MARYLAND
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
CONTRACTUAL AGREEMENT
DPSCS Q00150018 -CELL PHONE MANAGED ACCESS AT BALTIMORE CITY
DETENTION CENTER (BCDC)
WITH
TECORE NETWORKS
THIS CONTRACT (the "Contract>') is made this 111 day of December, 2014 by and between
Tecore Networks and the STATE OF MARYLAND, acting through the Department of Public Safety and
Correctional Services.
Jn consideration of the promises and the covenants herein contained, the parties agree as follows:
1.
Definitions
In this .Contract, 1he following words have the meanings indicated:
1.1
"COMAR" means Code of Maryland Regulations.
1.2
"Contract Monitors" means the Department employees identified in Section 34 of the Contract.
1.3
"Contractor' means Tecore Networks whose principal business address is 7030 Hi Tech Drive,
Hanover, MD 21076.
1.4
"Department" means the Department of Public Safety and Correctional Services.
l.S
"Procurement Officer" means the Department employee identified in Section 35 of the Contract.
1.6
"State" means the State of Maryland.
2.
Seope of Contract
2.1
The Contractor shall provide cell phone managed access services at the Baltimore City Detention
Center (BCDC) specific to the Contract awarded in accordance with Exhibits A-0 listed in this
section and incorporated as part of this Contract. If there is any conflict between this Contract
and the Exhibits, the terms of the Contract shall govern. If there is any coofl~ct among the
Exhibits, the following order of precedence shall detennine the prevailing provision:
Exhibit A - State Contract Affidavit
Exhibit B - Bid/ Proposal Affidavit
Exhibit C - Living Wage Affidavit
Exhibit D - Contractor's Scope of Work for Maintenance and Services
Exhibit E - QOO 12011 RFP dated September 27, 2011 and Addenda# 1-5
Exhibit F - Contractor's Proposal dated May 31, 2013
Exhibit G - MBE Utili1.ation and Fair Solicitation Affidavit & MBE Participation Schedule
2.2
The Procurement Officer may, at any time, by written order, make changes in the work within the
general scope of the Contract. No other order, statement, or conduct of the Procurement Officer
or any other person shall be treated as a change or entitle the Contractor to an equitable
adjusbnent under this section. Except as otherwise provided in this Contract, if any change under
this section causes an increase or decrease in the Contractor's cost of, or the time required for, the
perfonnance of any part of the work, whether or not changed by the order, an equitable
adjustment in the Contract price shall be made and the Contract modified in writing accordingly.
The Contractor must assert in writing its right to an adjustment under this section within thirty
(30) days of receipt of written change order and shall include a written statement setting forth the
nature and cost of such claim. No claim by the Contractor shall be allowed if asserted after final
payment under this Contract. Failure to agree to an adju~ent under this section shall be a
dispute under the Disputes clause. Nothing in this section shall excuse the Contractor from
proceeding with the Contract as changed.
2.3
While the Procurement Officer may, at any time, by written change order, make unilateral
changes in the work within the genera] scope of the Contract as provided in Section 2.2 above,
the Contract may be modified by mutual agreement of the parties, provided: (a) the modification
is ma.de in writing; (b) all parties sign the modification; and (c) all approvals by the required
agencies as described in COMAR Title 21, are obtained.
2.4
H any tenn contained in this contract is held or f.inally determined to be invalid, illegal or
unenforceable in any respect, in whole or in part, such term shal1 be severed from this contract
and the remaining terms contained herein shall continue in full force and effect, and shall in no
way be affected, prejudiced or disturbed nearby.
3.
Period of Performance.
3.1
The Contract resulting shall be for a period of approximately two (2) years beginning on or about
December 1, 2014 and ending on November 30, 2016. The tenn of this Contract begins on the
date the Contract is signed by the Department following approval of the Board of Public Works,
if such approval is required. The Contractor shall provide services under this Contract upon
receipt of official notification of award and a written Notice to Proceed issued by the
Procurement Officer.
3 .2
Audit, confidentiality, document retention, indemnification obligations and any other provision of
this Contract which contemplates performance or observance subsequent to any tennination or
expiration of this Contract shall survive expiration or tennination of the Contract and continue in
full force and effect.
4.
Consideration and Payment
4.1
In consideration of the satisfactory perfonnance of the work set forth in this Contract, the
Department shall pay the Contractor in accordance with the terms of this Contract and at the
prices quoted on the Contractor's Proposal - Financial Proposal Form (Exhibit F).
Unless properly modified (see above Section 2.3), payment to the Contractor pursuant to this
Contract shall not exceed $ 520,000.00.
Monthly Service Fee: $5,000.00 x 24 months
Annual Maintenance Fee: $200.000.00 x 2 years
Total
$120,000.00
$400.000.00
$520,000.00
Contractor shall notify the Contract Monitor, in writing, at least sixty (60) days before payments
reach the above specified amount. After notification by the Contractor, if the State fails to
increase the Contract amount, the Contractor shall have no obligation to perfonn under this
Contract after payments reach the stated amount; provided, however, that, prior to the stated
amount being reached, the Contractor shall: (a) promptly consult with the State and work in good
faith to establish a plan of action to assure that every reasonable effort has been undertaken by the
Contractor to complete State-defined critical work in progress prior to the date the stated amount
will be reached; and (b) when applicable secure databases, systems, platfonns, and/or
applications on which the Contractor is working so that no damage or vulnerabilities to any of the
same will exist due to the existence of any such unfinished work.
4.2
Payments to the Contractor shaJI be made no later than thirty (30) days after the Department's
receipt of a proper invoice for services provided by the Contractor, acceptance by the Department
of services provided by the Contractor, and pursuant to the conditions outlined in Section 4 of this
Contract. Each invoice for services rendered must include the Contractor's Federal Tax
Identification or Social Security Number for a Contractor who is an individual which is 752424245. Charges for late payment of invoices other than as prescribed at Md. Code Ann., State
Finance and Procurement Article, §15-104 as from time-to-time amended, arc prohibited.
Invoices shall be submitted to the Contract Monitor. Electronic funds transfer shall be used ·by
the State to pay Contractor pursuant to this Contract and any other State payments due Contractor
unless the State Comptroller's Office grants Contractor an exemption.
4.3
In addition to any other available remedies, if, in the opinion of the Procurement Officer, the
Contractor fails to perform in a satisfactory and timely manner, the Procurement Officer may
refuse or limit approval of any invoice for payment, and may cause payments to the Contractor to
be reduced or withheld until such time as the Contractor meets perfonnance standards as
established by the Procurement Officer.
4.4
Payment of an invoice by the Department is not evidence that services were rendered as required
under this Contract.
4.4
Contractor's eMarylandMarketplace vendor ID number is 268905,
4.5
Each invoice must contain the following information:
1. Contract Number
2. Purchase Order Number
and must be submitted to:
Accounts Payable
Maryland Department of Public Safety and Correctional Services
300 E. Joppa Road, Suite 1000
Towson, MD 21286
5.
Rights to Records
5.1
The Contractor agrees that all documents and materials including, but not limited to, software,
reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics,
mechanical, artwork, computations, and data prepared by the Contractor for purposes of this
Contract shalJ be the sole property of the State and shall be available to the State at any time. The
State shall have the right to use the same without restriction and without compensation to the
Contractor other than that specifically provided by this Contract.
5.2
The Contractor agrees that at all times during the term of this Contract and thereafter, works
created as a deliverable under this Contract, and services perfonned under this Contract shall be
"works made for hire" as that tennis interpreted under U.S. copyright law. To the ex.tent that any
products created as a deliverable under this Contract are not works made for hire for the State, the
Contiilctor hereby relinquishes, transfers, and assigos to the State all of its rights, title, and
interest (including all intellectual property rights) to all such products creat:ed under this Contract,
and wi11 cooperate reasonably with the State in effectuating and registering any necessary
assignments.
5.3
The Contractor shall report to the Contract Monitor, promptly and in written detail, each notice or
claim of copyright infringement received by the Contractor with respect to all data delivered
under this Contract.
5.4
The Contractor shall not affix any restrictive markings upon any data, documentation, or other
materials provided to the State hereunder and if such markings are affixed, the State shall have
the right at any time to modify, remove, obliterate, or ignore such warnings.
5.5
This Section S shall survive expiration of the Contract.
6.
Exclusive Use
The State shall have the exclusive right to use, duplicate, and disclose any data, infonnation, documents,
records, or results, in whole or in part, in any manner for any purpose whatsoever, that may be created or
generated by the Contractor in connection with this Contract. If any material, including software, is
capable of being copyrighted, the State shall be the copyright owner and Contractor may copyright
material connected with this project only with the express written approval of the State.
7.
Patents, Copyrights, and Intellectual Property
7.1
If the Contractor furnishes any design, device, material, process, or other item, which is covered
by a patent, trademark or service mark, or copyright or which is proprietary to, or a trade secret
of, another, the Contractor shall obtain the necessary pennission or license to permit the State to
use such item or items.
7.2
The Contractor will defend or settle, at its own expense, any claim or suit against the State
alleging that any such item furnished by the Contractor infringes any patent, trademark, service
mark, copyright, or trade secret. If a third party claims that a product infringes that party's patent,
trademark, service mark, trade secret, or copyright, ilie Contractor will defend the State against
that claim at Contractor's expense and wi11 pay all damages, costs, and attorneys' fees that a court
finally awards, provided the State: (a) promptly notifies the Contractor in writing of the claim;
and (b) allows Contractor to control and cooperates with Contractor in, the defense and any
related settlement negotiations. The obligations of this paragraph are in addition to those stated in
Section 7.3 below.
7.3
If any products furnished by the Contractor become, or in the Contractor's opinion are likely to
beoome, the subject of a claim of infringement, the Contractor will, at its option and expense: (a)
procure for the State the right to continue using the applicable item; (b) replace the product with a
non-infringing product substantially complying with the item's specifications; or (c) modify the
item so that it becomes non-infringing and performs in a substantially similar manner to the
original item.
8.
Confidentiality
8. J
Subject to the Maryland Public Information Act and any other applicable laws, including without
limitation, HIPAA, the HI-TECH ACT, and the Maryland Medical Records Act, all confidential
or proprietary information and documentation relBting to either party (including without
limitation, any infonnation or data stored within the Contractor's compu1er systems) shall be held
in absolute confidence by the other party. Bach party shall, however, be permitted to disclose
relevant confidential infonnation to its officers, agents, and employees to the extent that such
disclosure is necessary for the performance of their duties under this Contract, provided that the
data may be collected, used. disclosed, stored, and disseminated only as provided by and
consistent with the law. The provisions of this section shall not apply to information that: (a) is
lawfully in the public domain; (b) has been independently developed by the other party without
violation of this Contract; (c) was nlready in the possession of such party; (d) was supplied to
such party by a third party lawfully in possession thereof and legally permitted to further disclOh'e
the information; or (e) which such party is required to disclose by law.
8.2
This Section 8 shall survive expiration or termination of this Contract.
9.
Loss of Data
In the event of loss of wiy State data or records where such Joss is due to the intentional act or omission or
negligence of the Contractor or any of its subcontractors or agents, the Contractor shall be responsible for
recreating such lost data in the manner and on the schedule set by the Contract Monitor. The Contractor
shall ensure that all data is backed up and recoverable by the Contractor. Contractor shalJ use its best
efforts to assure that at no time shall any actions undertaken by the Contractor under this Contract (or any
failures to act when Contractor has a duty to act) damage or create any vulnerabilities in data bases,
systems, platfonns, and/or applications with which the Contractor is working hereunder.
10.
Indemnification
10.1
The Contractor shall hold hannless and indemnify the State from and against any and all losses,
damages, claims, suits, actions, liabilities. and/or expenses, including, without limi1ation,
attorneys' fees and disbursements of any character that arise from, are in connection with or are
attributable to the perfonnance or nonperformance of the Contractor or its subcontractors under
this Contract.
10.2
This indemnification clause shall not be construed to mean that the Contractor shall indemnify the
State against liability for any losses, damages, claims, suits, actions, liabilities, and/or expenses
that are attributable to the sole negligence of the State or the State's employees.
I 0.3
The State has no obligation to provide legal counsel or defense to the Contractor or its
subcontractors in the event that a suit, claim, or action of any character is brought by any person
not party to this Contract against the Contl1lctor or its subcontractors as a result of or relating to
tbe Contractor's performance under this Contract.
10.4
The State has no obligation for the payment of any judgments or the settlement of any claims
against the Contractor or its subcontractors as a result of or relating to the Contractor's
performance under this Contract.
10.5
The Contractor shall immediately notify the Procurement Officer of any claim or suit made or
filed against the Contractor or its subcontractors regarding any matter resulting from, or relating
to, the Contractor's obligations under the Contract,, and will cooperate, assist, and consult with the
State in the defense or investigation of any claim, suit, or action made or filed against the State as
a result of, or relating to, the Contractor's perfonnance under this Contract.
10.6
This Section 10 shall survive termination of this Contract.
11.
Non-Hiring of Employeea
No official or employee of the State, as detined under Md. Code Ann., State Goveroment Article, § J5102, whose duties as such official or employee include matters relating to or affecting the subject matter
of this Contract, shall, during the pendency and term of this Contract and while serving as an official or
employee of the State, become or be an employee of the Contractor or any entity that is a subcontractor
on this Contract.
12.
Dltputes
This Contract shall be subject to the provisions of Md. Code Ann .• Stflte Finance and Procurement
Article, Title 15, Subtitle 2, and COMAR 21.10 (Administrative and Civil Remedies). Pending resolution
of a claim, the Contractor shall proceed diligently with the performance of the Contract in accordance
with the Procurement Officer's decision. Unless a lesser period is provided by applicable statute,
regulation, or the Contract, the Contractor must file a written notice of claim with the Procurement
Officer within thirty (30) days after the basis for the claim is known or should have been known,
whichever is earlier. The Contractor must submit to the Procurement Officer its written claim containing
the infonnation specified in COMAR 21.10.04.02.
13.
Maryland Law
13.1
This Contract shall be construed, interpreted, and enforced according to the laws of the State of
Maryland.
13.2
The Md. Code Ann., Commercial Law Artie.le, Title 22, Maryland Uniform Computer
Information Transactions Act, does not apply to this Contract or to any purchase order or Notice
to Proceed issued under this Contract.
13.3
Any and all references to the Maryland Code, Annotated contained in this Contract shall be
construed to refer to such Code sections as aire from time to time amended.
14.
Nondiscrimination in Employment
The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for
employment because of race, color, religion, creed, age, sex, marital status, national origin, ancestry,
sexual orientation, gender identity, genetic information, or disability of a qualified individual with a
disability; (b) to include a provision similar to that contained in subsection (a), above, in any underlying
subcontract except a subcontract for standard commercial supplies or raw materials; and (c) to post and to
cause subcontractors to post in conspicuous places available to employees and applicants for employment,
notices setting forth the substance of this clause.
15.
Contingent Fee Prohibition
The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other
entity, other than a bona fide employee, 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, 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 the making of this Contract.
16.
Non-availability of Funding
If the General Assembly fails to appropriate funds or if iunds are not otherwise made available for
continued performance for any fiscal period of this Contract succeeding the first fiscal period, this
Contract shall be canceled automatically as of the bc,ginn:ing 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 tennination clause in this Contract. The effect of te.rmination
oftbe Contract hereunder will be to discharge both the Contractor and the State from future perfonnance
of the Contract. but not from their rights and obligations existing at the time of termination. The
Contractor shal l be reimbursed for the reasonable value of any nonrecurring costs incurred but not
amortized in the price of the Contract. The State shall notify the Contractor as soon as it has knowledge
that funds may not be available for the continuation of this Contract for each succeeding fiscal period
beyond the first.
17.
Termination for Cause
ff the Contractor fails to fulfill its obligations under this Contract properly and on time, or otherwise
violates any provision of the Contract, the State may termfoate the Contract by written notice to the
Contractor. The notice shall specify the acts or omissions relied upon as cause for termination. All
finished or unfinished work provided by the Contractor shall, at the State's option, become the State's
property. The State shalJ pay the Contractor fair and equitable compensation fur satisfactory perfonnauce
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 Hable
after termination and the State can afflTIDatively collect damages. Tennination hereunder, including the
termination of the rights and obligations of the parties, shall be governed by the provisions of COMAR
21.07.01.l lB.
18.
Termination for Convenience
The performance of work under this Contract may be terminated by the State in accordance with this
clause in whole, or from time to time in part, whenever the State shall detennine that such termination is
in the best interest of the State. The State will pay all reasonab]e costs associated with this Contract that
the Contractor has incurred up to the date of termination, and all reasonable costs associated with
termination of the Contract; provided, however, the Contractor shall not be reimbursed for any
anticipatory profits that have not been earned up to the date of termination. Tcnnination hereunder,
including the determination of the rights and obligations of the parties, shall be governed by the
provisions of COMAR 21 .07.01.12../\(2).
19.
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, interruptions, interferences, or hindrances from any cause
whatsoever during the progress of any portion of the work specified in this Contract.
Time extensions will be granted only for excusable delays that arise from unforeseeable causes beyond
the control and without the fault or negligence of the Contractor, including but not restricted to, acts of
God, acts of the public enemy, acts of the State in either its sovereign or con1ractual capacity, acts of
another Contractor in the performance of a contract with the State, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, or delays of subcontractors or suppliers arising from unforeseeable
causes beyond the control and without the fault or negligence of either the Contractor or the
subcontractors or suppliers.
20.
Suspension of Work
The State unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or any part of
its performance for such period of time as the Procurement Officer may determine to be appropriate for
the convenience of the State.
21.
Pre-Existing Regulations
In accordance with the provisions of Md. Code Ann., State Finance and Procurement Article, § 11~206,
the reguJations set forth in Title 21 of the Code of Maryland ReguJations (COMAR 21) in effect on the
date of execution of this Contract are applicable to this Contract.
22.
Financial Disclosure
The Contractor shall comply with the provisions of Md. Code Ann., State Finance and Procurement
Article, § 13-221, which requires that every person that enteni into contracts, leases, or other agreements
with the State or its agencies during a calendar year under which the business is to receive in the
aggregate, $100,000 or more, shall within thirty (30) days of the time when the aggregate value of these
contracts, leases or other agreements reaches $100,000, file with the Secretary of the State certain
specified information to include disclosure of beneficial ownership of the business.
23.
Political Contribution Disclosure
The Contractor shall comply with Md. Code Ann., .Blectlon Law Article, §§ 14-101 through 14-108,
which requires that every pe,rson tbat enters into contracts, leases, or other agreements with the State, a
county, or an incorporated municipality, or their agencies, during a calendar year in which the person
receives in the aggregate $100,000 or more, shall, fi]e 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. The statement shall be filed with the State Board of Elections:
(a) before a purchase or execution of a leese or contract by the State, a county, an incorporated
municipality, or their agencies, and shaU cover the preceding two calendar years; and (b) if the
contribution is made after the execution of a lease or contrac~ then twice a year, throughout the contract
term, on: (i) February 5, to cover the six (6) month period ending January 31; and (ii) August 5, to cover
the six (6) month period ending July 31.
24.
Documents Retention and Inspection Clause
The Contractor and subcontractors shall retain and maintain all records and documents relating to this
contract for a period of five (5) years after final payment by the State hereunder or any applicable statute
of limitations, whichever is longer, and shall make them available for inspection and audit by authorized
representatives of the State, including the Procurement Officer or designee~ at aJI reasonable times. AJJ
records related in any way to the Contract are to be retained for the entire time provided under this
section. This Section 24 shall survive expiration or termination of the Contract.
25.
Compliance with Laws
The Contractor hereby represents and warrants that:
25.1 lt is qualified to do business in the State and that it will take such action as, from time to time
hereafter, may be necessary to remain so qualified;
25.2 It is not in arrears with respect to the payment of any monies due and owing the State, or any
department or unit thereof, including but not limited to the payment of taxes and employee benefits,
and that it shall not become so in arrears during the tenn of this Contract;
25.3 It shall comply with all federal, State and local laws, regulations, and ordinances applicable to i1s
activities and obligations under this Contract; and
25.4 It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any,
necessary to the performance of its obligations under this Contract
26.
Cost and PrJce Certiftcation
By submitting cost or price information, the Contractor certifies to tbe best of its knowledge that the
foformation submitted is accurate, complete, and current as of the date of its Bid/ProposaJ.
The price under this Contract and any change order or modification hereunder, including profit or fee,
shall be adjusted to ex.dude any significant price increases occurring because the Contractor furnished
cost or price information which, as of the date of its Bid/Proposal, was inaccurate, incomplete, or not
cummt.
27.
Subcontracting; Assienment
The Contractor may not subcontract any portion of the services provided under this Contract without
obtaining the prior wr:ilten approval of the Procurement Officer, nor may the Contractor assign this
Contract or any of its rights or obligations hereunder, without the prior written approval of the
Procurement Officer, provided, however, that a contractor may assign monies receivable under a contract
after due notice to the State. Any subcontracts shaJJ include such language as may be required in various
clauses contained within this Contract, exhibits, and attachments. The Contract shall not be assigned until
an approvals, docwnents, and affidavits are completed and properly registered. The State shall not be
responsible for fulfil lment of the Contractor 1 s obligations to its subcontractors.
28.
Liability
28.1
For breach of this Contract, negJigence, misrepresentation, or any other contract or tort claim,
Contractor shaJJ be liable as follows:
a.
For infringement of patents, copyrights, trademarks, service marks, and/or trade secrets, as
provided in Section 7 of this Contract;
b.
Without limitation for damages for bodily injury (including death) and damage to rea)
property and tangible personal property; and
c.
For all other claims, damages, losses, costs, expenses, suits, or actions in any way related to
this Contract, regardless of the form. Contractor's liability for third party claims arising
under Section 10 of this Contract shaJJ be unlimited if the State is not immune from liability
for claims arising under Section J0.
30.
Commercial Nondiscrimination
30. l
As a condition of entering into this Contract, Contractor represents and warrants that it will
comply with the State's Commercial Nondiscrimination Policy, as described at Md. Code Ann.,
State Finance and Procurement Article, Tit1e 19. As part of such compliance, Contractor may not
discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital
status, sexuaJ orientation, or on the basis of disability or other unlawful fonns of discrimination in
the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers,
or commercial customers, nor shall Contractor retaBete against any person for reporting instances
of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors,
and suppliers to participate in all of its public sector and private ~ector subcontt-acting and supply
opportunities, provided that this clause does not prohibit or limit lawful ~£forts to remedy the
effects of marketplace discrimination that have occurred or are occurring in the marketplace.
Contractor understands that a material violation of this cJause shall be considered a material
breach of this Contract and may result in tennination of this Contract, disqualification of
Contractor from participating in State contracts, or other sanctions. This clause is not enforceable
by or for the benefit of, and creates no obligation to, any third party.
30.2
The Contractor shall include the above Commercial Nondiscrimination clause, or similar clause
approved by the Department, in all subcontracts.
30.3
As a condition of entering into this Contract, upon the request of the Commission on Civil
Rights, and only after the filing of a complaint agafost Contractor under Md. Code Ann., State
Finance and Procurement Article, Title 19, as amended from time to time, Contractor agrees to
provide within sixty (60) days after the request a complete list of the names of all subcontractors,
vendors, and suppliers that Contractor has used in the past four (4) years on any of its contracts
that we:re undertaken within the State of Maryland, including the total dollar amount paid by
Contract.or on each subcontract or supply contract. Contractor further agrees to cooperate in any
investigation conducted by the State pursuant to the State's Commercial Nondiscrimination
Policy as set forth at Md. Code Ann., State Finance and Procurement Article, Title 19, and to
provide any documents relevant to any investigation that are requested by the State. Contractor
understands that violation of this clause is a material breach of this Contract and may result in
contract termination, disqualification by the State from participating in State contracts, and other
sanctions.
31.
Prompt Pay Requirements
31.1
If the Contractor withl1olds payment of an undisputed amount to its subcontractor, the
Department, at its option and in its sole discretion, may take one or more of the following actions:
a.
b.
c.
d.
e.
3 J.2
An "undisputed amount' means an amount owed by the Contractor to a subcontractor for which
there is no good faith dispute. Such "undisputed amounts" include, without limitation:
a.
b.
3 1.3
Not process further payments to the contractor until payment to the subcontractor is
verified;
Suspend all or some of the contract work without affecting the completion date(s) for the
contract work;
Pay or cause payment of the undisputed amount to the subcontractor from monies
otherwise due or that may become due;
Place a payment for an undisputed amount in an interest-bearing escrow account; or
Take other or further actions as appropriate to resolve the withheld payment.
Retainage which had been withheld and is, by the terms of the agreement betwee.n the
Contractor and subcontractor, due to be distributed to the subcontractor; and
An amount withheld because of issues arising out of an agreement or occurrence unrelated
to the agreement under which the amount is withheld.
An act, failure to act, or decision of a Procurement Officer or a representative of the Department,
concerning a withheld payment between the Contractor and a subcontractor under this provision,
may not:
a,
b.
c.
Affect the rights of the contracting parties under any other provision of law;
Be used as evidence on the merits of a dispute between the Department and the contractor
in any other proceeding; or
Result in liability against or prejudice the rights of the Department.
31.4
The remedies enumerated above are in addition to those provided u,oder COMAR 21.l l.03.13
with respect to subcontractors that have contracted pursuant to the Minority Business Enterprise
(MBE) program.
·
31.5
To ensure compliance with certified MBE subcontract participation goals, the Department may,
consistent with COMAR 21.11.03 .13, take the following measures:
a.
b.
Verify that the certified MBF.s liRted in the MBE participation schedule actually are
performing work and receiving compensation as set forth in the MBE partlclpation
schedule.
This verification may include, as appro_priate:
i.
fnspecting any relevant records of the Contractor;
ii.
Inspecting the jobsite; and
iii.
Interviewing subcontractors and workers.
iv. Vedfication shalJ include a review of:
(a) The Contractor's monthly report listing unpaid invoices over thirty (30) days
old from certified MBB subcontractors and the reason for nonpayment; and
(b)
c.
d.
e.
The monthly report of eaoh certified MBE subcontractor, which lists payments
received from the Contractor in the preceding thirty (30) days and invoices for
which the subcontractor has not been paid.
If the Department detennines tl1at the Contractor is not in compliance with certified MBE
participation goals, then the Department will notify the Contractor in writing of its findings,
and will require the Contractor to take appropriate corrective action. Corrective action may
include, but is not limited to, requiring the Contractor to compensate the MBE for work
performed as set forth in the MBE participation schedule.
Jf the Department detennines that the Contractor is in material noncompliance with
MBE contract provisions and refuses or fails to take the corrective action that the
Department requires, then the Department may:
i.
Terminate the contract;
ii.
Refer the matter to the Office of tlie Attorney General for appropriate action; or
iii. lnitiate any other specific remedy identified by the contract, including the contractual
remedies required by any applicable Jaws, regulations. and directives regarding the
payment of undisputed amounts;
iv. Assess Liquidated Damages as set forth in this Section 43 of the Contract.
Upon completion of the Contract, but before final payment or release of retainage or both,
the Cont:nlctar shall submit a final report, in affidavit form under the penalty of perjury, of
aH payments made to, or withheld from, MBE subcontractors.
32.
Insurance Requirements
32.1
The Contractor shall maintain Commercial General Liability insuJ'ance with limits sufficient to
cover losses re-suiting from, or arising out of, Contractor action or inaction in the performance of
the Contract by the Contractor, its agents, servants, employees, or subcontractors, but no less than
a Combin.ed Single Limit for Bodily Injury, Property Damage, and Personal and Advertising
Injury Liability of$ 1,000, 000 per occurrence and $ 3,000,000 aggregate.
32.3
The State of Maryland shall be named as an additional named insured on aJI liability policies
(Worker's Compensation and Professional Liability excepted) and certificates of insurance
evidencing this coverage shall be provided prior to commencement of the contract. All insurance
policies shall be endorsed to include a clause that requires that the insurance carrier provide the
Contl'act Monitor, by certified mail, not less than 45 days' advance notice of non-renewal, tl1e
Contractor shall provide the Contract Monitor with m1 insurance policy from another carrier at
least 30 days prior to the expiration of the insurance policy then in effect. All insurance policies
she.ii be with a company licensed by the State to do business and to provide such policies.
32.4
The Contractor shall require that any subcontractors providing services under this Contract obtain
and maintain similar 1evels of insurance and shall provide the Contract Monitor with the same
documentation as is required of the Contractor.
33.
Security
33.1
Any person who is an employee or agent of the Contractor or subcontractor and who enters the
premises of a facility under tlle jurisdiction of the Department is subject to search of his or her
person and/or property, and in addition may be fingerprinted (for the purpose of a criminal history
background check), photographed and required to wear an identification card issued by the
Department Further, the Contractor, its employees and agents and subcontractor's employees and
agents shaJI not violate any provisions of Tjtfe 9, Subtitle 4 of the Criminal Law Article of the
Annotated Code of Maryland and such other security regulations, directives and policies of the
Department about which they may be infonn1~d from time to time. The failure of any of the
Contractor's or subcontractor's employees or agents to comply with any provision of this Section
33 of this contract is sufficient grounds for this Department to immediately terminate this contract
for default.
33.2
The Contractor shall comply with the MD lnfonnation Technology Security Policy and Standards
available on line at: !H.lp~lQU,!.ll~1.ry!;.Lnd.g~/sunpJ.lrtlPagcs/~~-uritvPolicic~,illin~
34.
Contract Monitors and Procurement Officer
The work to be accomplished under this Contract shall be performed under the direction of the Contract
Monitor. All matters relating to the interpretation of this Contract shall be referred to the Procurement
Officer for determination. The Contract Monitors identified for this contract are Ricky Foxwell (or
designated facility warden) and Jay Miller. The work to be accomplished under this Contract shall be
performed under the direction of the Contract Managers.
35.
Notices
All notices hereunder shall be in writing and either delivered personally or sent by certified or registered
mai1, postage prepaid, as follows:
Ifto the State: Rosetta Rose
Procurement Officer
300 East Joppa Road, Suite 1000
Towson, MD 21286
Phone: 410-339-5013
rrosc(iiJdpscs.:.taj_c.1nd.u_~
If to the Contractor:
Tecore, Inc.
Attn: Legal Department
7030 Hi Tech Drive, Hanover, MD 21076
Phone: (41 O) 872-6000
l!ilga.l@tccQ[e.~
43.
Liquidated Damages
43 .1
The Contract requires the Contractor to make good faith efforts to comply with the Minority
Business Enterprise ("MBE") Program and Contract provisions. The State and the Contractor
acknowledge and agree that the State will incur economic damages and losses, including, but not
limited to, loss of goodwill, detrimental impact on economic development, and diversion of
internal staff resources, if the Contractor does not make good faith efforts to comply with the
requirements of the MBE Program and pertinent MBE Contract provisions. The parties further
acknowledge and agree that the damages the State might reasonably be anticipated to accrue as a
result of such lack of compliance are difficult or impossible to ascertain with precision and that
liquidated damages represent a fair, reasonable, and appropriate estimation of damages.
Upon a determination by the State that the Contractor failed to make good faith efforts to comply
with one or more of the specified MBE Program requirements or pertinent MBE Contract
provisions and without the State being required to present any evidence of the amount or
character of actual damages sustained, the Contractor agrees to pay liquidated damages to the
State at the rates set forth below. Such liquidated damages are intended to represent estimated
actual damages and are not intended as a penalty. The Contractor expressly agrees that the State
may withhold payment on any invoices as an offset against liquidated damages owed. The
Contractor further agrees that for each specified violation, the agreed-upon liquidated damages
are reasonably proximate to the loss the State is anticipated to incur as a result of each violation.
43.1.1 Failure to submit each monthly payment report in full compliance with COMAR
21.l l.03.J3B(3): $ 33.30per day until the monthly report is submitted as required.
43.1.2 Failure to include in its agreements with MBE subcontractors a provision requiring
submission of payment reports in full compliance with COMAR 21.l 1.03.13B(4):
Sl 16.S4per MBE subcontractor.
43.1.3 Failure to comp1y with COMAR 21.11.03.12 in tenninating, canceling, or changing the
scope of work/value of a contract with an MBE subcontractor and/or amendment of the
MBE participation schedule: the difference between the dollar value of the MBE
participation commitment on the MBE participation schedule for that specific MBE firm
and the dollar value of the work performed by that MBE firm for the Contract.
43 .1.4 Failure to meet the Contractor's total MBE participation goal and subgoal commitments:
the difference between the dollar value of the total MBE participation commitment on the
MBE participation schedule and the MBE participation actually achieved.
43.1.5 Failure to promptly pay an undisputed amounts to an MBE subcontractor in full
compliance with the prompt payment provisions of the Contract: $ 124.86per day until
the undisputed amount due to the MBE subcontractor is paid.
43.2
Notwithstanding the assessment or availability of Liquidated damages, the State reserves the right
to terminate the Contract and to exercise any and all other rights or remedies which may be
available under the Contract or which otherwise may be availabfo at law or in equity.
IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set
forth.
CONTRACTOR
STATE OF MARYLAND
DEPARTMENT OF PUBLIC SAFETY
AND CORRECTIONAL SERVICES
By; SECRETARY, DPSCS
Or Designee:
Date
Approved for for111 and legal sufficiency
t11is~dayof
Oc l'\.1?.c,,
, 2014.
~~~·1-m·~
Assistant Attorney General
EXHIBIT A - CONTRACT AFF
VIT
A. AUTHORITY
I hereby affirm that I, J.F. Gerrity (name of affiant) am the Chief Financial Officer (title) and duly authorized
representative of Tecore Networks (name of business entity) and that I possess the legal authority to make
this affidavit on behalf of the business for which I am acting.
B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE
DEPARTMENT OF ASSESSMENTS AND TAXATION
I FURTHER AFFIRM THAT:
The business named above is a (check applicable box):
a
( l) Corporation - !&J domestic or foreign;
(2) Limited Liability Company - 0 domestic or CJ foreign;
(3) Partnership - CJ domestic or D foreign;
(4) Statutory Trust - D domestic or D foreign;
(5) CJ Sole Proprietorship.
and is registered or qualified as required under Maryland Law. l 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:
Deniz H. Hardy, 7030 Hi Tech Drive, Hanover, Maryland 21076.
Name and Department ID
Number:._ _ _ _ _ _ _ _ _ __
Address:
and that if it does business under a trade name, it has filed a certificate with the State Dep8rtment of
Assessments and Taxation that correctly identifies that true name and address of the principal or owner
as:
Tecore, Inc., d/b/a Tecore Networks
Name and Department ID Number: F03805017 Address: 7030 Hi Tech Drive, Hanover, MD 21076
C. FINANCIAL DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
I am aware of, and the above business wil I comply with, the provisions of State Finance and Procurement
Article, §13-221, Annotated Code of Maryland, which require that every business that enters into
contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year
under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the time
when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the
Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership
of the business.
D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
I am aware of, and the above business will compJy with, Election Law Article, §§14-1 0 l - 14-108,
Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other
agreements wilh the State of Maryland, including its agencies or a political subdivision of the State,
during a calendar year in which the person receives in the aggregate $100,000 or more shall file with the
State 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
(Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the
agency head's designee has determined that application of COMAR 21 .11.08 and this certification would
be inappropriate in connection with the law enforcement agency's undercover operations.)
I CERTIFY THAT:
( 1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this
certification.
(2) By submission of its Bid/Proposal, 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 soHcitation, the
business shall:
(a) Maintain a workplace free of drug and alcohol abuse during the tenn of the contract;
(b) Publish a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business'
workplace and specifying the actions that wi II be taken against employees for violation of these
prohibitions;
(c) Prohibit its employees from working under the influence of drugs or alcoho1;
(d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise
of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide
drug or alcohol abuse assistance or rehabilitation program;
(e) Promptly iofonn the appropriate law enforcement agency of every drug-related cdme that
occurs in its workplace if the business has observed the violation or otherwise has reliable information
that a violation has occurred;
(t) Establish drug and alcohol abuse awareness programs to inform its employees about:
(i)
(ii)
The dangers of drug and alcohol abuse in the workplace;
The business's policy of maintwning a drug and alcohol free workplace;
(iii)
(iv)
Any available drug and alcohol counseling, rehe.bilit.ation, and employee assistance
programs; and
The penalties that may be imposed upon empJoyees who abuse drugs and alcohol in the
workplace;
(g) Provide all employees engaged in the performance of the contract with a copy of the statement
required by §E(2)(b), above;
(h) Notify its empJoyees in the statement required by §E(2)(b), above, that as a condition of
continued employment on the contract, the employee shall:
(i)
(ii)
Abide by the terms of the statement; and
Notify the employer of any criminal drug or alcohol abuse conviction for an offense
occurring in the workpJace not later than 5 days after a conviction;
(i) Notify the procurement officer within 10 days after receiving notice under §E(2)(hXii), above,
or otherwise receiving actual notice of a conviction;
(j) Within 30 days after receiving notice under §E(2)(h)(ii), abovet or otherwise receiving actual
notice of a conviction, impose either of the following sanctions or remedial measures on any employee
who is convicted of a drug or alcohol abuse offense occurring in the workplace:
(i)
(H)
Take appropriate personnel action against an employee, up to and including termination;
or
Require an employee to satisfactorily participate in a bona fide drug or aJcohol abuse
assistance or rehabilitation program; and
(k) Make a good faith effort to maintain a drug and alcohol free workplace through
implementation of §E(2)(a}--(j), above.
(3) If the business is an individuaJ, the individual shall certify and agree as set forth in §E(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 contra.ct.
(4) I acknowledge and agree that:
(a)
The award of the contra.ct is conditionaJ upon compliance with COMAR 21. J1.08 and
this certification;
(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to
suspend payrnents 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. l I .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, infonnation, and belief, each of the affirmations, certifications, or
acknowledgements contained in that certain Bid/Proposal Affidavit dated May 31, 2013, and executed by
me for the purpose of obtaining the contract to whJch this Exhibit is attached remains true and correct in
alJ respects as if made as of the date of this Contract Affidavit and as if fully set forth herein.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT TIIE
CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE, INFORMATION, AND BELIEF.
Date: October 13, 2014
d name of Authorized Representative and Affiant)
EXHIBIT B - BID/PROPOSAL AFFIDAVIT
A. AUTHORITY
I hereby affinn that I, J.F. Gerrity (name of affiant) am the Chief Financial Officer (title) and duly authorized
representative ofTecore, Inc. (name of business entity) and that I possess the legal authority to make this
affidavit on behalf of the business for which I am acting.
B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION
The undersigned Bidder/Offeror hereby certifies and agrees that the following infonnation is correct: In
preparing its Bid/Proposal on this project, the Bidder/Offeror has considered all quotes submitted from
qualified, potential subcontractors and suppliers, and bas not engaged in 11 discrimination" as defined in§
19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland
"Discrimination" means any disadvantage, difference, distinction, or preference in the solicitation,
selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the
basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or on
the basis of disability or any otherwise unlawful use of characteristics regarding the vendor's, supplier's,
or commercial customer's employees or owners. "Discrimination" also includes retaliating against any
person or other entity for reporting any incident of 11 discrimination11 • Without limiting any other provision
of the solicitation on this project, it is understood that. if the certification is false, such false certification
constitutes grounds for the State to reject the Bid/Proposal submitted by the Bidder/Offeror on this
project, and terminate any contract awarded based on the Bid/Proposal. As part of its Bid/Proposal, the
Bidder/Offeror herewith submits a list of all instances within the past 4 years where there has been a final
adjudicated detennination in a legal or administrative proceeding in the State of Maryland that the
Bidder/Offeror discriminated against subcontractors. vendors, suppliers, or commercial customers, and a
description of the status or resolution of that determination, including any remedial action taken.
Bidder/Offeror agrees to comply in all respects with the State's CommerciaJ Nondiscrimination Policy as
described under Title 19 of the State Finance and Procurement Article of the Annotated Code of
Maryland.
B-1.CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.
The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State
Minority Business Enterprise Law, State Finance and Procurement Article,§ 14-308(a)(2), Annotated
Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not
identify a certified minority business enterprise in a Bid/Proposal and:
(1) Fail to request. receive, or otherwise obtain authorization from the certified minority business
enterprise to identify the certified minority proposal;
(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion
in the Bid/Proposal;
(3) Fail to use the certified minority business enterprise in the performance of the contract; or
(4) Pay the certified minority business enterprise solely for the use of its name in the Bid/Proposal.
Without limiting any other provision of the solicitation on this project, it is understood that if the
certification is false, such false certification oonstitutes grounds for the State to reject the Bid/Proposal
submitted by the Bidder/Offeror on this project, and tenninate any contract awarded based on the
Bid/Proposal.
B-2.CERTIFICATION REGARDING VETERAN-OWNED SMALL BUSINESS ENTERPRISES.
The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State
veteran-owned small business enterprise law, State Finance and Procurement Article,§ 14-605,
Annotated Code of Maryland, which provides that a person may not:
(1) Knowingly and with intent to defraud fraudulently obtain, attempt to obtain, or aid another person in
fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended
under a procurement contract to which the person is not entitled under this title;
(2) Knowingly and with int.eat to defraud, fraudulently represent participation of a veteran-owned smalJ
business enterprise in order to obtain or retain a Bid/Proposal preference or a procurement contract;
(3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is
fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the
knowledge or consent of the person authorized or required to present the declaration, statement, or
document;
(4) Willfully and knowingly aid, assist in, procure, cow1sel, or advise the preparation or presentation of a
declaration, statement. or other document that is fraudulent or false as to any material matter, regardless
of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or
required to present the declaration, statement, or document;
(S) Willfully and knowingly fail to file any declaration or notice with the unit that is required by
COMAR 21.11.12; or
(6) Establish. knowingly aid in the establishment of, or exercise oontrol over a business found to have
violated a provision of§ B-2(1)-(5) of this regi.1lation.
C. AFFIRMATION REGARDING BRIBERY CONVICTIONS
I FURTHER AFFIRM TIIAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in
Section 16-10 l (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 Procedw-e Article,
§ 6~220, Annotated Code of Maryland, or has pleaded no lo 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) ofperson(s) involved, and their current positions and responsibilities
with the business):
_NII'
D. AFFIRMATION REGARDING OTHER CONVICTIONS
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, infonnation, 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/Proposals for a public or private
contract;
(4) Been convicted of a violation of the State Minority Business Enterprise Law,§
Finance and Procurement Article of the Annotated Code of Maryland;
14~308
of the State
(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 OHS) above;
(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection
with the submission of Bids/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( 1H8) 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
debannent):
E. AFFIRMATION REGARDING DEBARMENT
I FURTHER AFFIRM THAT:
Neither r, 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 debannent,
the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and
their cuTTent positions and responsibilities with the business, the grounds of the debannent or suspension,
and the details of each person's involvement in any activity that formed the grounds of the debarment or
suspension).
I/,!.,
F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES
I FURTHER AFFIRM THAT:
(I) 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 debmed business,
except as follows (you must indicate the reasons why the affirmations cannot be given without
qualification):
NIA
G. SUBCONTRACT AFFIRMATION
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, infonnation, 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 Staie Finance and Procurement Article of the Annotated Code of Maryland wiJJ provide, directly or
indirectly, supplies, services. architectural services, construction related services, leases of real property,
or construction.
H. AFFIRMATION REGARDING COLLUSION
l FURTHER AFFIRM TIIAT:
Neither I, nor to the best of my knowledge, infonnation, 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/Proposal that is being submitted;
(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the Bid/Proposal
price of the Bidder/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/Proposal is
submitted.
I. 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, tbe 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 fmal settlement
J. 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 ftde 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, 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 the
making of the Contract.
K. CERTIFICATION REGARDING INVESTMENTS IN IRAN
(1) The undersigned certifies that, in accordance with State Finance and Procurement Article,§ 17-705,
Annotated Code of Maryland:
(a) 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 State Finance and Prncurement Article, § 17-702, Annotated Code of
Maryland; and
(b) It is not engaging in investment activities in Iran as described in State Finance and Procurement
Article, §17-702, Annotated Code of Maryland.
2. The undersigned is unable to make the above certification regarding its investment activities in Iran due
to the following activities:
NIA_ _ _ _ _ _ _ _ _ _ _ _ __
L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR
SUPPLIES AND SERVICES CONTRACTS)
I FURTHER AFFIRM THAT:
The business has complied with the provisions of State Finance a.od Procurement Article, § 14-413,
Annotated Code of Maryland governing proper disclosure of certain information regarding conflict
minerals originating in the Democratic Republic of Congo or its neighboring countries as required by
federal law.
M.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 Jaws of the United States and the State c;ifMaryland, both criminal and civil, and that
nothing in this Affidavit or any contract resu !ting from the submission of this Bid/Proposal shall be
construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the
State ofMaryland having jurisdiction, the exercise of any statutory right or remedy conferred by the
Omstitution and the Jaws of Maryland with respect to any misrepresentation made or any violation of the
obligations, terms a11d covenants undertaken by the above business with respect to (I) this Affidavit. (2)
the contract, and (3) other Affidavits comprising part of the contract.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE
CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE, INFORMATION, AND BELIEF.
Date: October 13, 2014
By: J
1•
(ienjiy (print n, me of Authorized Representative and Affiant)
0
---,,""""+""-
~
.
(signature of Authorized Representative and Affiant)
(1) The undersigned certifies that, in accordance with State Finance and Procurement Article. §17·705,
Annotated Code of Maryland:
(a) 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 State Finance and Procurement Article, § 17-702, Annotated Code of
Maryland; and
(b) It is not engaging in investment activities in Iran as described in State Finance and Procurement
Article, §17-702, Annotated Code of Maryland.
2. The undersigned is unable to make the above certification regarding its investment activities in Tran due
to the following activities:
NIA _ _ _ _ _ _ _ _ _ _ _ _ __
L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR
SUPPLIES AND SERVICES CONTRACTS)
I FURTHER AFFIRM THAT:
The business has complied with the provisions of State Finance and Procurement Article, § 14-413,
Annotated Code of Maryland governing proper disclosure of certain information regarding conflict
minerals originating in the Democratic Republic of Congo or its neighboring countries as required by
federal law.
M.ACKNOWLEDGEMENT
I ACKNOWLEDGE TIIAT 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. l 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/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 PENALTIBS OF PERJURY THAT THE
CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO TIIE BEST OF MY
KNOWLEDGE, INFORMATION, AND BELIEF.
Date: October IS, 2014
By: J. F. Gerrity (print name of Authoriz.ed Representative and Affiant)
(signature of Authorized Representative and Affiant)
EXHIBIT C -LIVING WAGE REQUIUEMENTS FOR SERVICE CONTRACTS
Living Wage Requirements for Service Contracts
A. This contract is subject to the Living Wage requirements under Md. Code Ann., State
Finance and Procurement Article, Title 18, and the regulations proposed by the
Commissioner of Labor and Industry (Commissioner). The Living Wage generally applies to
a Contractor or Subcontractor who ,perfonns work on a State contract for services that is
valued at $100,000 or more. An employee is subject to the Living Wage if he/she is at least
18 years old or will turn 18 during the duration of the contract; works at least 13 consecutive
weeks on the State Contract and spends at least one-half of the employee's time during any
work week on the State Contract.
B. The Living Wage Law does not apply to:
(1)
A Contractor who:
(a)
Has a State contract for services valued at less than $100,000, or
(b)
Employs 10 or fewer employees and has a State contract for services valued at
less than $500,000.
(2)
(3)
A Subcontractor who:
(a)
Performs work on a State contract for services valued at less than $100,000,
(b)
Employs 10 or fewer employees and performs work on a State contract for
services valued at less than $500,000, or
(c)
Performs work for a Contractor not covered by the Living Wage Law as
defined in B(l )(b) above, or B(3) or C below.
Service contracts for the following:
(a)
Services with a Public Service Company;
(b)
Services with a nonprofit organization;
(c)
Services with an officer or other entity that is in the Executive Branch of the
State government and is authorized by law to enter into a procurement
("Unit"); or
(d)
Services between a Unit and a County or Baltimore City.
C.
If the Unit responsible for the State contract for services determines that application of
the Living Wage would conflict with any applicable Federal program, the Living Wage
does not apply to the contract or program.
D.
A Contractor must not split or subdivide a State contract for services, pay an employee
through a third party, or treat an employee as an independent Contractor or assign work
to employees to avoid the imposition of any of the requirements of Md. Code Ann., State
Finance and Procurement Article, Title 18.
E.
Each Contractor/Subcontractor, subject to the Living Wage Law, shall post in a
prominent and easily accessible place at the work site(s) of covered employees a notice of
the Living Wage Rates, employee rights under the law, and the name, address, and
telephone number of the Commissioner.
F.
The Commissioner shall adjust the wage rates by the annual average increase or decrease,
if any, in the Consumer Price Index for all urban consumers for the
Washington/Baltimore metropolitan area, or any successor index, for the previous
calendar year, not later than 90 days after the start of each fiscal year. The Commissioner
shall publish any adjustments to the wage rates on the Division of Labor and Industry's
website. An employer subject to the Living Wage Law must comply with the rate
requirements during the initial term of the contract and all subsequent renewal periods,
including any increases in the wage rate, required by the Commissioner, automatically
upon the effective date of the revised wage rate.
G.
A Contractor/Subcontractor who reduces the wages paid to an employee based on the
employer's share of the health insurance premium, as provided in Md. Code Ann., State
Finance and Procurement Article, §18"103(c), shall not lower an employee's wage rate
below the minimum wage as set in Md. Code Ann., Labor and Employment Article, §3"
413. A Contractor/Subcontractor who reduces the wages paid to an employee based on
the employer's share of health insurance premium shall comply with any record reporting
requirements established by the Commissioner.
H.
A Contractor/Subcontractor may reduce the wage rates paid under Md. Code Ann., State
Finance and Procurement Article, §18-103(a), by no more than 50 cents of the hourly
cost of the employer's contribution to an employee's deferred compensation plan. A
Contractor/Subcontractor who reduces the wages paid to an employee based on the
employer's contribution to an employee's deferred compensation plan shall not lower the
employee's wage rate below the minimum wage as set in Md. Code Ann., Labor and
Employment Article, §3413.
I.
Under Md. Code Ann., State Finance and Procurement Article, Title 18, if the
Commissioner determines that the Contractor/Subcontractor violated a provision of this
title or regulations of the Commissioner, the Contractor/Subcontractor shall pay
restitution to each affected employee, and the State may assess liquidated damages of $20
per day for each employee paid less than the Living Wage.
J.
Infonnation pertaining to reporting obligations may be found by going to the Division of
Labor and Industry website http://www.dllr.state.md.us/labor/ and clicking on Living
Wage for State Service Contracts.
Maryland Living Wage Requirements Affidavit of Agreement
(submit with Bid/Proposal)
Contract No.: DPSCS QOOIS0018
Name of Contractor: Tecore Networks
Address: 7030 Hi Tecb Drive
City: Hanover
State: Maryland
Zip Code: 21076
If the Contract Is Exempt from the Livjng Wage Law
The Undersigned, being an authorized representative of the above named Contractor, hereby
afftnns that the Contract is exempt from Maryland's Living Wage Law for the following reasons
(check a11 that apply):
D
D
0
D
Bidder/Offeror is a nonprofit organization
Bidder/Offeror is a public service company
Bidder/Offeror employs 10 or fewer employees and the proposed contract value is
less than $500,000
Bidder/O:fferor employs more than 10 employees and the proposed contract value
is less than $100,000
If the Contract Is a Living Wage Contract
A.
The Undersigned, being an authorized representative of the above-named Contractor,
hereby affirms its commitment to comply with Title 18, State Finance and Procurement
Article, Annotated Code of Maryland and, if required, to submit all payroll reports to the
Commissioner of Labor and Industry with regard to the above stated contract. The
Bidder/Offeror agrees to pay covered employees who are subject to living wage at least
the living wage rate in effect at the time service is provided for hours spent on State
contract activities, and to ensure that its Subcontractors who. are not exempt also pay the
required living wage rate to their covered employees who are subject to the living wage
for hours spent on a State contract for services. The Contractor agrees to comply with,
and ensure its Subcontractors comply with, the rate requirements during the initial term
of the contract and all subsequent renewal periods, including any increases in the wage
rat.e established by the Commissioner of Labor and Industry automatically upon the
effective date of the revised wage rat.e.
B.
_.{initial here if applicable) The Bidder/Offeror affirms it has no
covered employees for the following reasons: (check al] that apply):
D
The employee(s) proposed to work on the contract will spend less than one-half of
the employee's time during any work week on the contract
D
The employee(s) proposed to work on the contract is 17 years of age Qr younger
during the duration of the con1ract; or
The employee(s) proposed to work on the contract will work less than 13
consecutive weeks on the State contract.
D
The Commissioner of Labor and fudustry reserves the right to request payroll records and other
data that the Commissioner deems sufficient to confirm these affirmations at any time.
J. F. Gerrity
ChiefFinanc:ial Officer
Title
j
-w~- 'i~'- -_ _._-1+g=:~=aru-rc-T'j~J._~)<- - 'l- JJ.;:.___----=--'-"".....?S'------- Oc:to~3,
DenizH. Hardy_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Witness Name (Typed
Printed)
2014
EXHIBIT D- CONTRACTOR'S SCOPE OF WORK FOR MAINTENANCE AND
SERVICES
The Contractor shall provide aJJ labor, equipment, material, software and technologies to continue the
maintenance of the cell phone managed access system at Baltimore City Detention Center (BCDC) as
provide in the cell phone managed access proposal dated May 23, 2013 (Exhibit F) which covers the
following:
1. New Technology Upgrades: Covers the installation of additional equipment on-site to
address new technologies deployed by Commercial networks during the period covered
by annual maintenance agreement.
2. Existing Technology Upgrades: Covers the upgrade of existing equipment to account for
any network changes to existing technologies made by commercial networks during the
period covered by annual maintenance agreement.
3. Equipment Replacement: Includes the replacement of any degraded or poor performing
system equipment with the exclusion of equipment physically damaged by any individual
or group outside ofTecore Networks personnel
4. iNAC software Upgrades: Includes quarterly software upgrades to the iNAC Managed
Access iCore software (4x annually).
S. Customer Response Center (CRC) 24 x 7 support provided by Tecore Networks.
The Contractor shall provide all labor~ equipment, material, software and technologies to continue the
services of the celJ phone managed access system at Baltimore City Detention Center (BCOC) as provide
in the cell phone managed access proposal dated May 23, 2013 (Exhibit F) which covers the following:
Annual Onsite Services for audit of system equipment and perfonnance:
1. On the average 1-2 personnel onsite 4-5 days each month.
2. Physical assessment of all remote equipment installed throughout the facility including
remote units and antennas.
3. Walk-through testing including coverage areas and system perfonnance.
EXIDBIT F- CONTRACTOR'S PROPOSAL DATED MAY 23, 2013
networks
Maryland Department of Public Safety and Correctional
Services
Bubmlltlld by
enetworks
Tecore Networks
7030 HI Ttm Drlwi
Hllnowr, MD USA 21078
(410) 872-eootl
www.teoore.Cll!J!
May23, 2013
-- ...- -
-
- - . --
-----
-
OTECOll!, INC "'-1.RlOKTI llEtD\YED TllE COHTfNTOF THIB ~II THE #OllUR.CTUAl ,ROl'E~1Y or TECORE NElWORICll Tllll
DOCIJlljlEM'T CONTMNI WCW/tATJQlf ntAT 15 mmpc1trw A"Rtfll1!!(JCMY ro uq;w MiltSlflfQ.
Te ·enetworks
INAC IMREl.ESB SYSTEM PROPOSAL
TCO-INAC-OPSC8-BCD-1~
EXECUTIVE SUMMARY
Tecore is pleased to submit this Managed Access (iNAC) proposal to Maryland Department of
Public Safety and Correctional SeNices to address the Issue of cellular contraband devices in
their correctional faciNties.
As pioneers of Managed Access technology for cellular contraband management, Tecore has
leveraged over twenty years of Industry knowledge deploying cellular networks around the
globe to create a proven and robust commercial-grade solution perfectly suited for Maryland
DPSCS. The Tecore INAC Managed Access solution is the only system of Its kind in the world
that Is permanently lnatalled and proven effective et addressing lhe issue of unauthorized
cellular devices within a defined target area.
Tecore la an advanced wireless telecommunlcatlons company headquartered in Hanover
Mary&and and Incorporated In the State of Texas In 1991. Maryland DPSCS will be working
directly with Tecore, providing Maryland DPSCS with access to some of the moat talented
cellular communications engineers In the world. Tecore Is a three-time winner of the Global
Mobile (3GSM) Award and ls ISO 9001 :2008 certified.
Whlle It cannot be predicted what technology or operator may decide to deploy In a given area
over the ne>d several years, the INAC platform provides capabllltlee to expand the serviced
technologies and operator& as the commercial wireless landscape changes.
The Tecore team is excited about the opportunity to continue Its work With the Maryland
DPSCS. We pride ourselves on our track record of serving the needs of the cellular and
corrections industries. We have the producis, technologies, experience and resources 1o
execute on the required network build out.
Sincerely,
Kenneth North
V.P. of Government Services
T8COl8 Networ1<s
Phone: +1410.872.6343
Cell:
+1410.979.0046
Fax:
+1410.872.6010
Emalt. knorth@tecore.com
crt'£COllll!, INC ALL RIGHTS RESERVED THE CONTE ITT OF THIS DOCUMENT IS TIE LNTEUECTUAL PROPERTY OF TECORE NETWORKS
DOCUMeNT CONTAINS INFORMATION THAT IS CONflllENTIAL AND l'tl0f8Jl'TABY IO JICOBI NEDW>Bl<S.
nos
Hopkins, Joselyn
l<en North <knorth@tecore.com>
From:
Sent:
Friday, May 31, 2013 6:56 PM
To:
Cc:
Subject:
Attachments:
Hopkins, Joselyn
Ken North
Requested Revised Quote for MAS at BCDC
1643_001.pdf
Ms. Hopkins,
Thank you for the request to provide a revised quote to the State. Using rigid conduit, standard coax and fiber Instead of
armored coax and armored fiber, minus rigid conduit, drastically raises the costs, delays the Installation to deployment
timeframe of ninety-five (95) days as previously stated, to approximately one-hundred forty (140) days, barring no
interruptlons.
In an effort to expedite the State's request for a Managed Access system at BCDC, our previous quote called for the use
of the armored coax and armored flber. Whtie considering and comparing the use of both methods, and uttllzlng our
experience In Correctional Facilities, to Include MTC, and confening with industry fiber and coax experts, we believed,
and respectfully still do, that the armored coax and armored fiber strategically placed, out of the reach and/or sight of
Inmates, Is conducive to this partlcular project, would provide a timelier Installation, and less expense to the State.
Please know that any Identified areas of concern during the installation using armored materials, were slated In our plan
to use an approved cable covertng and/or rigid conduit, depending on the situation.
Below are the answers to your recent questions from your request for a revised quote.
•
Detailed list of equipment that Tecore will be providing under die contract along with detailed cost of each piece
of equipment- (see attached)
Revised pricing using conduit instead of armored coax cable- (see attached)
Also, please include the following information in the revised quote:
Amount of current that will drawn in order for the Department to detennine the emergency power that will !leed
to be purchased (i.e; generator).
Response: Tile r:urrent draw of the remote unit equipment will be DPDroximatelv 15 amps or less. Unless it is a
State requirement to hove bpckup generator power at each Remote Unit, the onlv place we wlll need backup
generator ppwer will be at our Main Equipment location!!.
Information pertaining to whether electricians or another type labor category will be used to install the conduit.
At1swer: If the Jnstallntlon of conduit Is required, npplkabfe laws or state requirements regarding labor typ~ will
be followed.
Additional question from our phone conversation: What Is the difference between Services, and Professlonal Services.
Answer: Services Is considered the remote monitoring service we provide of the equipment. Professional Services
Include Program Management, tnstallatlon, commissioning and testing.
I hope you find that mv answers and the attached and revised quotation have fulfilled your request. As you know, we
are very proud to serve the DPSCS and look forward to a very Ions lasting partnership. With this said, and knowing that
your concerns are our concerns, we stand ready once again to provide the State with a product that meets all
requirements and Is another one to be proud of. Please let me know how the State would llke to proceed.
1
Best Regards,
Ken North
Vice President of Government Services
Tecore Networks
Phone: +1410.872.6343
Cell: +1410.979.0046
Fax: +1410.872.6010
e-mail: knorth@tecore.com
Thia e-mail m11Y con1Bln prtvlleged, confldentlol, copy~ghled « othar legally pmlectld lnformoUon, and 111 ln~ed oxcl1111lve1y rorttie kltonded rctelpllnl. If you ire
not Ille Intended realplanl (ev n Jf Iha •mall addte .. ltlove II yau11}, yoo may not rwvlew, 11toni, u •· copy, dlllllllo or retra111mft It In eny rorrn. If you art not 91•
Intended 111clplllnt ot Olherwl8e have mcelvud 11111 f:li mbrtako, plouae llmledllltely notlfV ltl& 1tndtr bV Ntum •111111 (or 1yydmln!l!Jco11.com11 Chin dlllte 1119
mHtaoe In b lllfnty, Thank you,
2
MD DP8C8 • BCDC Faolllty
Bill of Materl1l1 • 06131113
P1rt Nurnber
Qual'ltlty
Unll Price
Extended Net Prlae
9'J0.1Q025-000
3
Slf0,000
flH,000
$120,000
INAC c.rlet OOMA
200-100»000
l
$2$,000
$50,000
INAC Oamer UMTS
!NAC ConlerLTE
201'MOOJ4.COO
6
$25,000
SUO.ODO
Q00-10110.00D
3
$50,aao
$JSO,OOO
INAC Controller & Carrtar Equtpmant
INAC M.14/·Cllrler GSM
l~C C.rrltr IMU~ ·280
200-1ooeNfO
$50,000
$50,000
l'NAC OfteDlor ODMA-800
ll00-1003U00
$ll,DOO
$10l,OOO
NAC iCcw s.twr
001-f017MOO
'
l
$.10,000
INAC BoftWarti
NAC ICott ~,.
000-10D1U60
1
$200,000
$200,000
$60,000
$110,000
$180,0IO
INAC ll1rvloe9
Rwno4e !uppott
000·:10000.fJOl
Annu1l M9l"'*tln1Jt Ptr Ye1r
An111111/ "'8#fllBnMI08
RF Dlatrtllullld Am.nna S,etem (DAB) Equipment
M1~nd Host-End Equtpmfllll
~r. Radio Eqlnpmflflt (0
$JO,OOO
$UO,oao
811111# 0100 W'1ftr)
RF Distributed Ant.Inna By1tem (DAI) lntCllU.Uon
o.A8 lr111l11VDJ1ot11 Oomm/•lllonlnfl, Te.t, and AAMllll1
INAC Core tfftwork Equ!pme11t
tJAC ln*'1•11en ol Comml•llanlng
$iDO,OOO
OCJ0.2()()1().003
$100,0flO
~000
001· tlHtJ0.00'/
$J.ff,7J<f
$Ull,'fl.f
001· ffHdt).()01
$1ll,5DO
$111,500
$170,000
$710,000
000·20006-001
~.ooo
'45.000
OOD·lOODl-OOJ
'$J61,SOO
$15',.JOO
$1a,114
.7Hl,OOO
OOO·l0006-00J
l
IU)lllO
$Nl,IOO
Profe1llonllS.tvlae1
f'rtJ/e« lflnQemtrl~ Tith/no, 7"ftlg
TOUl 'lllllh Annor1d rlbu
Option • Rigid Conduit 11111\alld or Annored Flbw • Prlolng la In AddlltDn lo lha Abov1 lln.ilne Pthiln11
lnn1111fttll Total 1i!llth Ri,ld Conduit
Sli'18',7'4
$716,IH
•n&.111
hl1
EXIIlBIT G -MBE UTU..IZATJON AND FAIR SOLICITATION AFFIDAVIT
& MBE PARTICIPATION SCHE ULE
This MBE Utiliution and Fair Solicitation Amdavit & MBE Particlpadon Schedule must be
included with the bid/proposal. If the bidder/offeror fails to accurately complete and submit this
Amdavit and Schedule with the bid or propoaal as required, the Procurement Officer shall deem
the bid non-responsive or shall determine that the proposal Is not reasonably susceptible of being
aelected for award.
In connection with the bid/proposal submitted in response to DPSCS Q0015018, I affirm the following:
1.
MBE Participation (PLEASE CHECK ONLY ONE)
181 I acknowledge and intend to meet the overall certified Minority Business Enterprise (MBE)
participation goal of3% percent.
Therefore, I am not seeking a waiver pursuant to COMAR 21.11.03 .11 .
.QB
0
I conclude that I am unable to achieve the MBE participation goal and/or subgoals. I hereby request a
waiver, in whole or in part, of the overall goal and/or subgoals. Within I 0 Working days of receiving
notice that our firm is the apparent awardee or as requested by the Procurement Officer, I will submit the
completed Good Faith Efforts Documentation to Support Waiver Request (Attachment D-tC) and all
required waiver documentation in accordance with COMAR 21.11.03.
2.
Additional MBE Documentation
I understand that ifl am notified that I am the apparent awardee or as requested by the Procurement
Officer, I must submit the following documentation within 10 business days of receiving notice of the
potential award or from the date of conditional award (per COMAR 21.11.03. J0), whichever is earlier:
(a) Outreach Efforts Compliance Statement (Attachment D-2);
(b) MBE Subcontractor/MBE Prime Project Participation Statement (Attachments D-3A and 38);
(c) Any other documentation, including waiver documentation if applicable, required by the Procurement
Officer to ascertain bidder or offerer responsibility in connection with the certified MBE participation
goal and subgoals. if any.
I understand that ifl fail to return each completed docwnent within the required time, the Procurement
Officer may determine that I am not responsible and therefore not eligible for contract award. If the
contract has already been awarded, the award is voidable.
3.
Information Provided to MBE ftrm1
In the solicitation of subcontract quotations or offers, MBE finns were provided not less than the same
information and amount of time to respond as were non-MBE firms.
4.
MBE Participation Schedule
Set forth below are the (i) certified MBEs I intend to use, (ii) the percentage of the total Contract amount
allocated to each MBE for this project and, (iii) the items of work each MBE will provide under the
Contract. I have confirmed with the MOOT database that the MBE firms identified win be perforniing
work activities for which they are MOOT certified.
Prime Contractor
Tecore Networks
Project Desc ..iption
Cell Phone Managed Access System
Maintenance Services
Project/Contract Number
DPSCS QOO l 50 I 8
List information for each certified MBE firm you agree to use to achieve the M:BE participation
goal and Subgoals, if any. MBE primes; Please complete both sections A and B below.
SECTION A: For MUE Pdmc Contractors ONLY includin MBF~ Primes in a Joint Vent ire
Perct!ntage of total Contract Value to be perfonned with
MBE Prime Firm
own forces and counted towards the MBE overall
Name:
participation goal (up to 50% of the overall goal):
- - -%
MBE Certification Number:
Percentage of total Contract Value to be performed with
(If dually certified, check only one box.)
own forces and counted towards the subgoal, if any, for n
MBE classification (up to I 00% of not more than one
0 African American-Owned
subgoal):
%
0 Hispanic American- Owned
0 Asian American-Owned
Description of the Work to be performed with MBE
0 Women-Owned
prime's own forces:
D Other .MBE Classification
SECTION B: For all Contractors (including MBE Primes and MBE Primes in a Joint Venture)
MBE Firm Name:_Oelmann Electric Supply, t/a Broadway
Electric- - -
MBE Certification Number: 96-359
(If dually certified, check only one box.)
D African American-Owned D Hispanic AmericanOwned
0
0
Asian American-Owned [8J Women-Owned
Other MBE Classification
Percentage of Total Contract to be performed by this
MBE: 3% (This percentage already met as part of the Prime
Contract to which this annual maintenance Order applies. W
will continue to utilize this MBE for any appropriate work
during the term of this Order.)
Description of the Work to be Perfonned to include
NAICS codes: 423610
Material Supplier/Distributor for the project in the areas of
ELECTRICAL APPARATUS AND EQUIPMENT, whether
original, spares or replacement parts (this is a maintenance ru
service contract).
MBEFinn
Percentage of Total Contract to be performed by this ·
Name: ~~~~~~~~--~~~~~~-
MBE:
MBE Certification Number:
Description of the Work to be Perfonned to include
NAICS codes:
%
(If dually certified, check only one box.)
0
African American-Owned 0 Hispanic AmericanOwned
0 Asian American-Owned D Women-Owned
D Other MBE Classification
MBEFinn
Name:
~~~~~~~~~~~~~~~-
Percentage of Total Contract to be performed by this
MBE:
%
Description of the Work to be Perfonned to include
NAICS codes:
MBE Certification Number:
(If dually certified, check only one box.)
D African American-Owned 0 Hispanic AmericanOwned
D Asian American-Owned D Women-Owned
0 Other MBE Classification
MBE Firm
Percentage of Total Contract to be performed by this
MBE
%
MBE Certification Number:
Description of the Work to be Perfonned to include
NAICS codes:
(If dually certified, check only one box.)
D Afiican American-Owned 0
Hispanic ArnericanOwned
0 Asian American-Owned 0 Women-Owned
0 Other MBE Classification
MBEFirm
Name:
Percentage of Total Contract to be performed by this
MRE:
%
MBE Certification Number:
Description of the Work to be Performed to include
NAlCS codes:
~~~~~~--~~~~~~~~-
(If dually certified, check only one box.)
0
African American-Owned
Owned
0
Hisp1rnic Amorican-
l....J Asian American-Owned
D Other MBE Classification
0
Women-Owned
MBEFinn
_ _ _ _ _ _ _ _ _ _ _ _ _ __ _
Percentage of Total Contract to be peifonned by this
MBE.
%
MBE Certification Number:
Description of the Work to be Performed to include
NAICS codes:
Nam~:
(If dually certified, check only one box.)
D African American-Owned D Hispanic AmericanOwned
0 Asian American-Owned D Women-Owned
0 Other MBE Classification
MBEFinn
Percentage of Total Contract to be perfom1ed by this
MBE:
%
MBE Certification Number:
Description of the Work to be Performed to include
NAICS codes:
(If dually certified, check only one box.)
0 African American-Owned 0 Hispanic AmericanOwned
D Asian American-Owned D Women-Owned
0 Other MBE Classification
- -- - - - - - - - -
------
MBEFirm
Name: _ _ _ _ _ _ _ _ __ _ _ _ _ __ _
Percentage of Total Contract to be provided by this
MBE:
%
MBE Certification Number:
Description of the Work to be Performed;
(If dually certified, check only one box.)
D African American-Owned 0 Hispanic AmericanOwned
D Asian American-Owned 0 Women-Owned
D Other MBE Classification
You may wish to use the Subgoal summary below to assist in calculating the percentages and confinn that
you have met the applicable MBE participation goal and subgoals, if any.
Subaiolills (if applicable)
Tot.al African American MBE Participation:
%
Total Asian American MBB Participation:
- --------·-- -·----%
Total Hispanic American MBE Participation:
- - - -%
Total Women~Owned MBE Participation:
%
.
Overall Goal
Total MBE Participation (include all categories}:
_ _ 3_ _ _%
I solemnly aftirm under the penalties of perjury that I have reviewed the iostructlon11 for the MBE
Utilization & Fair Solicitation Affidavit and MBE Schedule and that the information included in
the Schednle iB true to the best of my knowiedge, h ·m Ci n and he ef.
\
Tecore, Inc., d/b/a Tecore Notworks
Bidder/OfferorName
(PLEASE PRINT OR TYPE)
7030 Hi Tech Drive
Address
J. F. Gerrity, Chief Financial Officer
Printed Name and Title
Hanover, Maryland 21076
City, State and Zip Code
October 13, 2014
Date
SUBMIT THIS
MllE UTILIZATION AND FAm SOLICITATION AFFIDAVIT
& MBE PARTICIPATION SCHEDULE
WITH BID/PROPOSAL
