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K.PROPOSAL SECURITY:With submission of the Price Proposal in accordance with this RFP, all proposersare required to comply with the following proposal security:1.If the Proposer's Technical Proposal is found responsive and is requestedto submit a Price Proposal, and the total Price Proposal is 100,000.00 ormore, each Proposer shall furnish with his price proposal a "bid bond"issued by a surety company licensed to issue bonds in the State ofMaryland. The bond must be in an amount not less than five percent (5%)of the total amount of the price proposal (sum of the fees andreimbursables) and shall be in the form specified (see sample in Section00300 "Proposals, Evaluation, and Forms").2.Acceptable security shall be limited to: a) a bond in a form satisfactory tothe State underwritten by a surety company authorized to do business inthe state; b) a bank certified check, bank cashier's check, banktreasurer's check, cash, or trust account; c) pledges of securities backedby full faith and credit of the United States government or bonds issuedby the State of Maryland; d) Irrevocable letters of credit in a formsatisfactory to the Attorney General and issued by a financial institutionapproved by the State Treasurer; and e)the grant of a mortgage or deedof trust on real property located in the State when it is satisfactory to theprocurement officer, the face amount of the instrument does not exceed75% of the contractor's equity interest in the property, and the assignmentof the mortgage or deed or trust is recorded in the county land recordspursuant to Real Property Article, 30193, Annotated Code of Maryland.3.Assistance in obtaining bid, performance and payment bonds may beavailable to qualifying small businesses through the Maryland SmallBusiness Development Financing Authority (MSBDFA). MSBDFA candirectly issue bid, performance or payment bonds up to 750,000.MSBDFA may also guaranty up to 90% of a surety's losses as a result ofa contractor's breach of contract.MSBDFA's exposure on any bond guaranteed may not, however, exceed 900,000. Bonds issued directly by the program will remain in effect forthe duration of the contract, and those surety bonds that are guaranteedby the program will remain in effect for the duration of the surety'sexposure under the contract. To be eligible for bonding assistance, asbusiness must first be denied bonding by at least one surety in bothstandard and specialty markets within 90 days of submitting a bondingapplication to MSBDFA. The applicant must employ fewer than 500 fulltime employees or have gross sales of less than 50 million annually,have its principal place of business in Maryland or be a Marylandresident, must not subcontract more than 75 percent of the work, and thebusiness or its principals must have a reputation of good moral characterand financial responsibility.Finally, it must be demonstrated that the bonding or guarantee will have aRFP #BC-20857-CINSTRUCTIONS TO PROPOSERS0100/5

measurable economic impact, through job creation and expansion of thestate's tax base. Applicants are required to work through their respectivebonding agents in apply for assistance under the program. Questionsregarding the bonding assistance program should be referred to:Maryland Department of Business and Economic DevelopmentMaryland Small Business Development Financing Authority826 East Baltimore StreetBaltimore, Maryland 21202Phone: (410)333-4270Fax: (410)333-69314.Should the Proposer to whom the contract is awarded fail or be unable toexecute the contract, for any reason, within ten (10) days after notificationof award, then an amount equal to the difference between the acceptedprice, and that of the proposer to whom the award subsequently is madeshall be paid to the University as liquidated damages.5.The Proposer to whom a contract in excess of 100,000.00 is awardedalso must furnish Performance and Payment Bonds, each in the amountof one hundred percent (100%) of the Guaranteed Maximum Price (GMP)including executed Change Orders, in the form specified (see samples inAttachment B). These must be provided at the time of the signing of thecontract and prior to the start of any work.6.Evaluation of a Request for Proposal takes a considerable length of time.Maryland State Law does not permit any information regarding theevaluation to be released prior to the award. The award date is the dateof approval by the Board of Public Works.7.Bid Bonds remain in effect a minimum of one hundred and twenty (120)days from the due date of the Price Proposals as all Price Proposals shallremain firm for one hundred twenty calendar days (refer to Section00100, L. below).8.Should the Proposer to whom the contract is awarded fail or be unable toexecute the contract, for any reason, within ten (10) days after notificationof award, then an amount equal to the difference between the acceptedprice, and that of the proposer to whom the award subsequently is madeshall be paid to the University as liquidated damages.9.Performance and Payment Bonds, each in the amount of one hundredpercent (100%) of each contract amendment for construction work, mustbe furnished, including executed Change Orders, in the form specified(see forms in Attachment B). Please note that as part of the TechnicalProposal, a Proposer must indicate its capability of obtaining thenecessary bonds.RFP #BC-20857-CINSTRUCTIONS TO PROPOSERS0100/6

10.L.At the time of presentation of the Guaranteed Maximum Price (GMP), theConstruction Manager will be required to comply with proposal securityrequirements and provide an additional bid bond or other acceptablesecurity on the terms and conditions set forth above. Should theContractor fail to execute the Contract Amendment(s) as required, thenan amount equal to the difference between the accepted price and that ofthe person or entity who serves as Construction Manager subsequentlyshall be paid to the University as liquidated damages.RIGHT TO REJECT PROPOSALS AND WAIVE INFORMALITIES:The University reserves the right to reject either all proposals after the opening ofthe proposals but before award, or any proposal, in whole or part, when it is inthe best interest of the State of Maryland. For the same reason, the Universityreserves the right to waive any minor irregularity in a proposal.M.N.O.IRREVOCABILITY OF PROPOSALS:1.The pre-construction phase CM fee price proposal for this project shall beirrevocable for one hundred twenty (120) calendar days from theproposal due date. This period may be extended by written mutualagreement between the Proposer and the University.2.The Construction Phase CM fee price proposal shall remain irrevocableuntil acceptance of each GMP and approval of the amendment to thecontract to reflect the construction work.LICENSES AND QUALIFICATIONS:1.Proposers must be licensed as required by the Construction Firm Law ofMaryland (Article 56, Section 180, Annotated Code of Maryland) and shallsubmit proof of current licensing with their proposal.2.The University reserves the right to require that the Construction Managerdemonstrate that it has the skills, equipment and other resources tosatisfactorily perform the nature and magnitude of work necessary tocomplete the project within the proposed contract schedule. (See Section00300 of this RFP for further information/details.)CLARIFICATIONS AND ADDENDA:1.RFP #BC-20857-CShould a Proposer find discrepancies in the RFP documents, or shouldhe be in doubt as to the meaning or intent of any part thereof, he must,not later than seven (7) days (Saturdays and Sundays excluded), prior tothe proposal due date, request clarification in writing from the IssuingOffice, who will issue a written Addendum to the Contract. Failure torequest such clarification is a waiver to any claim by the Proposer forexpense made necessary by reason of later interpretation of the RFPdocuments by the University. Requests shall include the RFP number andname.INSTRUCTIONS TO PROPOSERS0100/7

P.2.Oral explanations or instructions will not be binding; only written Addendawill be binding. Any Addenda resulting from these requests will be mailedto all listed holders of the RFP's no later than five days prior to theproposal due date. The Proposer shall acknowledge the receipt of alladdenda in the space provided on the Proposal Form.3.Any addendum/amendments to the RFP must be acknowledged bypersons and entities known to have been issued, or otherwise to havereceived the RFP. Addendum Acknowledgement forms (found inAttachment A) are to be completed and signed with Technical Proposal.In addition, space is provided on the Price Proposal form to indicatethese.CANCELLATION OF THE RFP:The University may cancel this RFP, in whole or in part, at any time before theopening of the proposals.Q.PROPOSAL ACCEPTANCE:The University reserves the right to accept or reject any and all proposals, inwhole or in part, received as a result of this RFP; to waive minor irregularities; orto negotiate with all responsible proposers, in any manner necessary, to servethe best interest of the University. Further, the University reserves the right tomake a whole award, multiple awards, a partial award, or no award at all.R.S.DISCUSSION/INTERVIEW SESSIONS:1.Proposers who submit proposals and achieve the required, minimum orbetter technical score will be required to make individual presentations toUniversity representatives (see Section 00300 for details).2.The University also reserves the right to visit Proposer's place of businessduring the evaluation process.ECONOMY OF PREPARATION:Proposals should be prepared simply and economically, providing a straightforward, concise description of the proposer's offer to meet the requirements ofthe RFP.RFP #BC-20857-CINSTRUCTIONS TO PROPOSERS0100/8

T.CONFIDENTIAL/PROPRIETARY INFORMATION:Proposers should give specific attention to the identification of those portions oftheir proposals which they deem to be confidential, proprietary information ortrade secrets, and provide any justification of why such materials, upon request,should not be disclosed by the State under the Access to Public Records Act,State Government Article, Title 10, Subtitle 6 of the Annotated Code of Maryland.Proposals are not publicly opened. Proposers must clearly indicate each andevery section that is deemed to be confidential, proprietary or a trade secret (it isNOT sufficient to preface your entire proposal with a proprietary statement).U.V.MINORITY BUSINESS ENTERPRISE NOTICE:1.Minority business enterprises are encouraged to respond to this RFP.2.As of 7/1/01, the State of Maryland has established a goal of 25% MBEparticipation for all state agencies.3.The minority business participation level for this solicitation is set at notless than twenty-five percent (25%) of the total contract value inclusiveof all fees. The applicable MBE subgoals will be provided by addendum.The forms entitled “MBE Utilization, and MBE Attachment A-Affidavit" willbe required with the submission of the Technical Proposal. MBEAttachment B will be required at the time of issuance of the initial contractas well as with each contract amendment. MBE’s must be certified by theMD Department of Transportation and not graduated for the applicableNorth American Industry Classification System (NAICS). (See Section9.05 of the UMB General Conditions for the Construction Contract 00700for additional information regarding MBE participation.) By submitting aresponse to the RFP, the proposer agrees that such a percentage of thetotal contract award will be performed by minority business enterprisessubcontractors.4.If the resulting award is to an MBE Prime or JV, the contractor is stillexpected to achieve 25% MBE participation in accordance with U.3above.FINANCIAL DISCLOSURE BY PERSONS DOING BUSINESS WITHTHE STATE:Proposers providing materials, equipment, supplies or services to the Universitymust comply with Section 13-221 of the State Finance & Procurement Article ofthe Annotated Code of Maryland which requires that every business which entersinto contracts, leases or other agreements with the University and receives in theaggregate 100,000, or more, during a calendar year shall, within 30 days of thetime when the 100,000 is reached, file with the Secretary of State a listcontaining the names and address of its resident agent, each of its officers, andany individual who has beneficial ownership of the contracting business.RFP #BC-20857-CINSTRUCTIONS TO PROPOSERS0100/9

W.ARREARAGES:By submitting a response to this solicitation, a vendor shall be deemed torepresent that it is not in arrears in the payment of any obligation due and owingthe State of Maryland, including the payment of taxes and employee benefits andthat it shall not become so in arrears during the term of the contract if selected forcontract award.X.BID/PROPOSAL AFFIDAVIT:The Bid/Proposal Affidavit included in this package (see Attachment A for thisform) must be executed by each responding proposer and submitted with theproposer's technical proposal.Y.MULTIPLE/ALTERNATIVE PROPOSALS:Proposers may not submit more than one (1) proposal nor may proposers submitan alternate to this RFP.Z.JOINT VENTURE PROPOSERS:If the Proposer is a joint venture firm, the Proposer must provide all identificationinformation for all parties and all requirements for all parties (i.e., licenses,insurance, etc.) as requested. As part of the technical proposal submissionunder the category of Profile of Proposer (see Section 00300 for details), theproposer must identify the responsibilities of each joint venture party with respectto the scope of services/work (per Section 00400) inclusive of the requirementsfor each entity based on such services as described in this RFP document.NOTE: If the selected Construction Manager is a joint venture firm, all jointventure parties will be held responsible for the contract obligations separatelyand severally.AA.ADDENDUMAny addendum/amendments to the RFP must be acknowledged by persons andentities known to have been issued, or otherwise to have received the RFP. AnAcknowledgment of Addendum form is provided in Attachment A and is to besubmitted accordingly with the Technical Proposal. Space is provided on thePrice Proposal form to also indicate these.BB.INCURRED EXPENSES:The University will not be responsible for any costs incurred by any vendor/firm inpreparation and submittal of a proposal.RFP #BC-20857-CINSTRUCTIONS TO PROPOSERS0100/10

CC.DEBRIEFING OF UNSUCCESSFUL PROPOSERSA debriefing of an unsuccessful proposer shall be conducted upon writtenrequest submitted to the procurement officer within 10 days after the proposerknew or should have known its proposal was unsuccessful. The debriefing shallbe limited to discussion of the unsuccessful proposer’s proposal only and shallnot include a discussion of a competing proposer's proposal. Debriefings shallbe conducted at the earliest feasible time. A summarization of the procurementofficer's rationale for the selection may be given.DD.MARYLAND PUBLIC ETHICS LAW, TITLE 15The Maryland Public Ethics Law prohibits, among other things: State employeesor officials (and in some cases, former employees) and businesses in which suchan individual is employed or holds a financial interest from (I) submitting a bid orproposal, (ii) negotiating a contract, and (iii) entering into a contract with thegovernmental unit with which the individual is affiliated per the Maryland Code,State Government Article, SS 15-502. If the proposer has any questionsconcerning application of the State Ethics Law to the proposer’s participation inthis procurement, it is incumbent upon the proposer to seek advice from SuzanneS. Fox, Executive Director, State Ethics Commission, 9 State Circle, Suite 200,Annapolis, MD 21401, 410 974-2068. The procurement officer may refer anyissue raised by a bid or proposal to the State Ethics Commission. Theprocurement officer may require the proposer to obtain advice from the StateEthics Commission and may reject a bid or proposal that would result in aviolation of the Ethics Law.The resulting contract is cancelable in the event of a violation of the MarylandPublic Ethics Law by the vendor or any State of Maryland employee inconnection with this procurement.EE.USE OF AFFILIATES TO AVOID TAXATION ON INCOME FROM STATECONTRACTSContractor agrees that it will not reduce its income subject to tax by claiming adeduction for royalty or similar payments for trademarks, trade names, orintangible property that shift income from the contractor to an affiliated entity thatdoes not file Maryland income tax returns. Contractor agrees that any affiliatedentity receiving such payments is doing business in Maryland and is required tofile Maryland income tax returns. Contractor agrees that during the course of thiscontract: (1) it shall not make any such royalty or similar payments to anyaffiliated company; but (2) if any such royalty or similar payments are made,contractor and the affiliated company shall file separate Maryland income taxreturns and pay their respective Maryland income taxes in such a manner thatcontractor may claim a deduction against Maryland income tax for suchpayments only if the affiliated company receiving the royalty or similar paymentfiles its Maryland income tax return and pays Maryland tax, under a formula thatreasonably apportions the income of the affiliated company among the states,including Maryland, in which the contractor does business. Contractor agreesthat it is authorized to bind its affiliated entities to the terms hereof.RFP #BC-20857-CINSTRUCTIONS TO PROPOSERS0100/11

FF.PAYMENTS TO CONTRACTORS BY ELECTRONIC FUNDS TRANSFER (EFT)By submitting a response to this solicitation, the Proposer agrees to acceptpayments by electronic funds transfer unless the State Comptroller's Officegrants an exemption. The selected Proposer shall register using the attachedform COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.Any request for exemption must be submitted to the State Comptroller's Officefor approval at the address specified on the COT/GAD X-10 form and mustinclude the business identification information as stated on the form and includethe reason for the exemption.The form is available as a pdf file on the web site of the General AccountingDivision of the Comptroller of Maryland. That web address agencyeft.aspEND OF SECTION 00100RFP #BC-20857-CINSTRUCTIONS TO PROPOSERS0100/12

SECTION 00200II. INFORMATION AVAILABLE TO PROPOSERS

SECTION 00200II.INFORMATION AVAILABLE TO PROPOSERSA.CONTRACT DOCUMENTS: This RFP #BC-20857-C consists of the documents notedbelow.All sections are contained within the RFP document with other documents packagedseparately as noted:00100Instructions to Proposers;00200Information Available to Proposers;00300Proposals, Evaluation and Forms (Articles 1 through 4);0040

to select a Construction Management (CM) firm (herein referred to as "Construction Manager", Proposer or "CM") to provide professional management and construction services during the design and the construction of the New Campus Gateway Project ("Project") at UMBC in Baltimore, Maryland. (See Project Program for complete details).