Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.08 - Mandatory Written Solicitation Requirements › Section 21.05.08.07 - Bid/Proposal Affidavit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each
				solicitation shall provide notice that the affidavit in §B of this
				regulation shall be completed and submitted to the procurement agency with the
				vendor's bid or offer.
B. Mandatory
				Solicitation Addendum. The solicitation addendum shall be in substantially the
				same form as follows:
BID/PROPOSAL AFFIDAVIT
A. Authority
I HEREBY AFFIRM THAT:
I (print name)_____________________ possess the legal
				  authority to make this Affidavit.
B. CERTIFICATION REGARDING COMMERCIAL
				NONDISCRIMINATION
The undersigned bidder hereby certifies and agrees that the
				  following information is correct: In preparing its bid on this project, the
				  bidder has considered all proposals submitted from qualified, potential
				  subcontractors and suppliers, and has not engaged in "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,
				  sexual identity, genetic information or an individual's refusal to submit to a
				  genetic test or make available the results of a genetic test, 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 "discrimination". 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 submitted by the bidder on this project, and terminate any contract awarded
				  based on the bid. As part of its bid or proposal, the bidder herewith submits a
				  list of all instances within the past 4 years where there has been a final
				  adjudicated determination in a legal or administrative proceeding in the State
				  of Maryland that the bidder 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
				  agrees to comply in all 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 Regarding Minority
				Business Enterprises.
The undersigned bidder 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 or 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 or 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 or proposal.
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 submitted by
				  the bidder on this project, and terminate any contract awarded based on the
				  bid.
B-2.
				Certification Regarding Veteran-Owned Small Business Enterprises. The
				undersigned bidder 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
				intent to defraud, fraudulently represent participation of a veteran"owned
				small business enterprise in order to obtain or retain a bid 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, counsel, 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;
(5) 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 control over a business found to have
				violated a provision of §B-2(1)-(5) of this regulation.