EXHIBIT 10.8
AGREEMENT
To Provide Software and Support for a
Reverse Energy Auction Procurement
To the Maryland Department of General Services
I. Service Agreement between Offeror and the State of Maryland, Department of
General Services
II. Attachment A - Statement of Work to Provide Reverse Energy Auction
Procurement and necessary services to the Maryland Department of General
Services
III. Bid Proposal Affidavit
IV. Contract Affidavit
V. MBE Utilization Form
SERVICE AGREEMENT
DEPARTMENT OF GENERAL SERVICES
STATE OF MARYLAND
THIS AGREEMENT made the 16th day of March, 2006, by and between World Energy
Solutions (herein called "▇▇▇" or "Consultant"), and the State of Maryland,
acting by and through the Department of General Services (herein called the
"State" or "Owner" or "DGS");
Witnesseth, that the Consultant and Owner, in consideration of the mutual
promises herein contained, promise and agree as follows:
Article 1. Scope of Project. The Consultant shall furnish all of the
materials and perform all the services (such materials and services being
collectively referred to herein as the "project" or the "work") as required by
the Contract between the parties in accordance with the requirements, terms, and
conditions of the Contract Documents.
Article 2. Contract Documents. The Contract ("Contract") between the
parties is set forth in the Contract Documents, and supersedes all prior oral
agreements and proposals. The Contract Documents consist of the following:
A. This Agreement;
B. The Statement of Work (including all documents incorporated by
reference) dated January 20, 2006, issued by DGS and attached hereto
as Attachment A.
Article 3. Order of Precedence; Conflict Among Contract Documents. In the
event of a conflict between the terms and conditions of any of the Contract
Documents, the controlling terms and conditions shall be, in this order, those
of:
A. This Agreement; then
B. The Statement of Work, Attachment A.
Article 4. Time of Completion. The project shall be commenced upon written
authorization and shall be substantially completed by December 31, 2006.
Article 5. The Contract Price. The Consultant shall be compensated in
accordance with Paragraphs 8 and 9 of Attachment A. In no event shall the State
be responsible for making any payment under this Contract to the Consultant.
A. The Consultant shall pay within 30 days of award an eMaryland
Marketplace Level 4 fee in the amount of $1,000 in accordance with
COMAR 21.02.03.06 and guidelines issued by the Department of General
Services. COMAR 21.02.03.06 and the payment guidelines can be found on
the eMaryland Marketplace website at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.
Article 6. Special Provisions. The following provisions and requirements
are incorporated into and made a part of the contract.
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A. INDEMNIFICATION
The State shall not assume any obligation to indemnify, hold harmless,
or pay attorneys' fees that may arise from or in any way be associated
with the performance or operation of this agreement.
B. NON-HIRING OF EMPLOYEES
No official or employee of the State of Maryland, as defined under
State Government Article Section 15-102, Annotated Code of Maryland,
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 contact and while serving as an official or
employee of the State become or be an employee of the Consultant or
any entity that is a subcontractor on this contract.
C. CONTINGENT FEE PROHIBITION
The Consultant warrants that it has not employed or retained any
person, partnership, corporation, or other entity, other than a bona
fide employee or agent working for the Consultant to solicit or secure
this agreement, and that it has not paid or agreed to pay any person,
partnership, corporation, or other entity, other than a bona fide
employee or agent, any fee or any other consideration contingent on
the making of this agreement.
D. MARYLAND LAW PREVAILS
The provisions of this contract shall be governed by the laws of the
State of Maryland.
E. DISPUTES AND CONTRACT CLAIMS
This contract is subject to the provisions of State Finance and
Procurement Article, Title 15, Subtitle 2 of the Annotated Code of
Maryland and COMAR (Code of Maryland Regulations) 21.10
(Administrative and Civil Remedies) regarding resolution of contract
claims (also called disputes). Pending resolution of a claim, the
Consultant shall proceed diligently with the performance of the
contract in accordance with the procurement officer's decision.
F. NON-DISCRIMINATION IN EMPLOYMENT - AFFIRMATIVE ACTION
1. The Consultant 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 or disability
of a qualified individual with a disability;
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(b) to include a provision similar to subsection (a) above, in
any subcontract except a subcontract for standard commercial
supplies or raw materials; and
(c) to post and to cause sub-consultants to post, in conspicuous
places available to employees and applicants for employment,
notices setting forth the substance of this section.
2. Consultant shall be subject to and shall comply with all other
requirements of Section 13-219 of the State Finance and
Procurement Article of the Annotated Code of Maryland, which are
incorporated into and made a part of the contract.
3. Consultant shall comply with all other applicable Federal, State,
and local laws, regulations and ordinances respecting illegal
discrimination and civil rights.
G. BID PROPOSAL AFFIDAVIT AND CONTRACT AFFIDAVIT
Consultant must read and truthfully execute the Bid/Proposal and
Contract Affidavit included herein and return both with the fully
executed copies of this Agreement. The provisions of the Bid/Proposal
and Contract Affidavit are incorporated into this Agreement and
Consultant shall comply with such provisions.
H. TERMINATION OF CONTRACT FOR DEFAULT
If the Consultant fails to fulfill its obligation under this contract
properly and on time, or otherwise violates any provision of this
contract, the State may terminate this contract by written notice to
the Consultant. The notice shall specify the acts or omissions relied
on as cause for termination. All finished or unfinished services
provided by the Consultant shall, at the State's option, become the
State's property. If the damages are more than the compensation
payable to the Consultant, the State can affirmatively collect
damages. The term "damages" as used in this paragraph may include
attorney's fees and litigation costs. Termination hereunder, including
the determination of the rights and obligations of the parties, shall
be governed by the provisions of COMAR 21.07.01.11B.
I. TERMINATION FOR CONVENIENCE
1. 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 determine that such
termination is in the best interest of the State. Except as
provided in subsection 2 of this section I, the State will pay
all reasonable costs associated with this contract that the
Consultant has incurred up to the date of termination and all
reasonable costs associated with termination of the Contract.
However, the Consultant shall not be reimbursed for any
anticipatory profits that have
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not been earned up to the date of termination. Termination
hereunder, including the determination of the rights and
obligations of the parties, shall be governed by the provisions
of COMAR 21.07.01.12A(2).
2. Notwithstanding anything in subsection 1 of this Section, if no
contract for energy is awarded through reverse auction, no monies
shall be due to the Consultant.
J. DELAYS AND EXTENSIONS OF TIME
The Consultant agrees to prosecute the work continuously and
diligently and no charges or claims for damages shall be made by it
for any delays or hindrances from any cause whatsoever during the
progress of any portion of the 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 Consultant or his sub-consultants and suppliers
including but not restricted to, acts of God, acts of the public
enemy, acts of the State in either its sovereign or contractual
capacity, acts of another Consultant in the performance of a contract
with the State, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, or delays of sub-consultants or suppliers
arising from unforeseeable causes beyond the control and without the
fault or negligence of either the Consultant or the sub-consultants or
suppliers. Such time extensions will be granted only if the Consultant
gives the State written notice of the delay and its cause within five
(5) days after the existence of the delay is known or should have been
known by the Consultant.
K. RETENTION OF RECORDS - AUDITS BY THE STATE
1. The Consultant and his subcontractors and suppliers at any tier
shall retain and maintain all records and documents relating to
this contract for three years after the later of (a) termination
of all contracts awarded as a result of the auction to be
performed under the agreement, or (b) final payment to the
Consultant under this agreement, or (c) 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 all
reasonable times.
2. If Consultant or his subcontractors or suppliers at any tier fail
to retain for the period of time required by this section
original documents used, made, or relating to the preparation or
calculation of Consultants bid to the State or of bids, quotes or
estimates of sub-consultants or suppliers at any tier, Consultant
shall be entitled to no damages, compensation, or equitable
adjustments for any claims based on calculations, assumptions,
understandings, or beliefs allegedly made at the time of
preparation of such bids, quotes, or estimates.
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3. In the event a claim is initiated by either party under section
E, Consultant and his sub-consultants or suppliers at any tier
shall retain such books, papers, records and other documents
until expiration of the aforesaid three-year period or until
final, unappealable resolution of the claim, whichever is later.
L. COMPLIANCE WITH LAWS
The Consultant hereby represents and warrants:
1. That it is qualified to do business in the State of Maryland, and
that it will take such action, as from time to time hereafter,
may be necessary to remain so qualified.
2. That it is not in arrears with respect to the payment of any
monies due and owing the State of Maryland, or any department or
agency thereof, including but not limited to the payment of taxes
and employee benefits, and that it shall not become so in arrears
during the term of this contract.
3. That it shall comply with all Federal, State and local laws,
ordinances and rules and regulations applicable to its activities
and obligations under this contract.
4. That it shall procure, at its expense, all licenses, permits,
insurance and governmental approval, if any, necessary to the
performance of its obligations under this contract.
M. SUSPENSION OF WORK
The Procurement Officer unilaterally may order the Consultant in
writing to suspend, delay, or interrupt all or any part of the work
for such period of time as he may determine to be appropriate for the
convenience of the State.
N. PRE-EXISTING REGULATIONS
The regulations set forth in Title 21 of the Code of Maryland
Regulations (COMAR Title 21) in effect on the date of execution of
this contract are applicable to this contract.
O. PAYMENT OF STATE OBLIGATIONS
Payments to the Consultant pursuant to this Contract shall be made no
later than 30 days after the State's receipt of a proper invoice from
the Consultant. Charges for late payment of invoices, other than as
prescribed by Title 15, Subtitle 1, of the State Finance and
Procurement Article, Annotated Code of Maryland, or by the Public
Service Commission of Maryland with respect to regulated public
utilities, as applicable, are prohibited.
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P. CHANGES
1. The Procurement Officer unilaterally may, at any time, without
notice to the sureties, if any, by written order designated or
indicated to be a change order, make any change in the work
within the general scope of the contract, including but not
limited to changes:
(a) In the specifications (including drawings and designs);
(b) In the method or manner of performance of the work;
(c) In the State-furnished facilities, equipment, materials,
services, or site; or
(d) Directing acceleration in the performance of the work.
2. Any other written order or an oral order, including a direction,
instruction, interpretation or determination, from the
procurement officer that causes any such change, shall be treated
as a change order under this clause, provided that the Consultant
gives the procurement officer written notice stating the date,
circumstances, and source of the order and that the Consultant
regards the order as a change order.
3. Except as herein provided, no order, statement, or conduct of the
procurement officer shall be treated as a change under this
clause or entitle the Consultant to an equitable adjustment
hereunder.
4. Each contract modification or change order that affects contract
price shall be subject to the prior written approval of the
procurement officer and other appropriate authorities and to
prior certification of the appropriate fiscal authority of fund
availability and the effect of the modification or change order
on the project budget or the total construction cost. If,
according to the certification of the fiscal authority, the
contract modification or change order will cause an increase in
cost that will exceed budgeted and available funds, the
modification or change order may not be made unless sufficient
additional funds are made available or the scope of the project
is adjusted to permit its completion within the project budget.
5. No claim by the Consultant for an equitable adjustment hereunder
shall be allowed if asserted after final payment under the
contracts resulting energy procurement.
Q. INTELLECTUAL PROPERTY
1. Consultant agrees to indemnify and save harmless the State, its
officers, agents and employees with respect to any claim, action,
cost or judgment for patent infringement, or trademark or
copyright violation arising out of
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purchase or use of materials, supplies, equipment or services
covered by this contract.
2. Consultant will defend or settle, at its own expense, any claim
or suit against the State alleging that any such item furnished
by Consultant infringes any patent, trademark, copyright, or
trade secret. Consultant also will pay all damages and costs that
by final judgment may be assessed against the State due to such
infringement and all attorney's fees and litigation expenses
reasonably incurred by the State to defend against such a claim
or suit. The obligations of this paragraph are in addition to
those stated in paragraph 3 below.
3. If any products furnished by Consultant become, or in
Consultant's opinion are likely to become, the subject of a claim
of infringement, Consultant will, at its option: (1) procure for
the State the right to continue using the applicable item; (2)
replace the product with a non-infringing product substantially
complying with the item's specifications; or (3) modify the item
so it becomes non-infringing and performs in a substantially
similar manner to the original item.
R. MINORITY BUSINESS
The Owner adheres to the State of Maryland small and minority business
policies.
S. MULTI-YEAR CONTRACTS
If the General Assembly fails to appropriate funds or if funds are not
otherwise made available for continued performance for any fiscal
period of this Contract succeeding the first fiscal period, this
Contract shall be cancelled automatically as of the beginning of the
fiscal year for which funds were not appropriated or otherwise made
available; provided, however, that this will not affect either the
State's rights or the Consultant's rights under any termination clause
in this Contract. The effect of termination of the Contract hereunder
will be to discharge both the Consultant and the State from future
performance of the Contract, but not from their rights and obligations
existing at the time of termination. The Consultant shall be
reimbursed for the reasonable value of any non-recurring costs
incurred but not amortized in the price of the Contract. The State
shall notify the Consultant 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.
T. FINANCIAL DISCLOSURE
The Consultant shall comply with the provisions of Section 13-221 of
the State Finance and Procurement Article of the Annotated Code of
Maryland, which requires 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
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the time when the aggregate value of these contracts, leases or other
agreements reaches $100,000, file with the Secretary of the State of
Maryland certain specified information to include disclosure of
beneficial ownership of the business.
U. POLITICAL CONTRIBUTION DISCLOSURE
The Consultant shall comply with Election Law Article, Sections
14-101--14-108, Annotated Code of Maryland, which requires that every
person that 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 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. The statement shall be filed with the
State Board of Elections: (1) before a purchase or execution of a
lease or contract by the State, a county, an incorporated
municipality, or their agencies, and shall cover the preceding two
calendar years; and (2) if the contribution is made after the
execution of a lease or contract, then twice a year, throughout the
contract term, on: (a) February 5, to cover the 6-month period ending
January 31; and (b) August 5, to cover the 6-month period ending July
31.
V. NOTICES
Notices required under this contract shall be sent via certified mail
as follows:
To ▇▇▇:
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
World Energy Solutions
▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇
To the State:
▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, Director of Procurement
Maryland Department of General Services
▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇-▇▇
▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇
W. SOFTWARE AND SUPPORT
All software and support provided by ▇▇▇ must enable DGS to comply in
all respects with applicable provisions of Division II of the State
Finance and Procurement Article of the Annotated Code of Maryland and
Title 21 of the Code of Maryland Regulations.
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X. CONFIDENTIALITY
Consultant and its subcontractors and the officers, directors,
partners, members, employees, agents, and representatives of
Consultant and its subcontractors shall at all times maintain the
confidentiality of all information provided to them by the State or by
bidders participating in the auction procurement(s) to be conducted by
the State as contemplated by this Agreement as required by Maryland
law, including the General Procurement Law, Division II of the State
Finance and Procurement Article of the Annotated Code of Maryland, and
the State Procurement Regulations, Title 21 of the Code of Maryland
Regulations.
Y. VARIATIONS IN ESTIMATED QUANTITIES
When the quantity of a pay item in this contract is an estimated
quantity and where the actual quantity of such pay item varies more
than twenty-five percent (25%) above or below the estimated quantity
stated in this contract, an equitable adjustment in the contract price
shall be made upon demand of either party. The equitable adjustment
shall be based upon any increase or decrease in costs due solely to
the variation above one hundred twenty-five percent (125%) or below
seventy percent (70%) of the estimated quantity. If the quantity
variation is such as to cause an increase, the procurement officer
shall, upon receipt of a written request, ascertain the facts and make
the adjustment as in his judgment the findings justify.
Z. BID-PROPOSAL AFFIDAVIT
▇▇▇ shall execute the Bid/Proposal Affidavit required by COMAR
21.05.08.07.
AA. CONTRACT AFFIDAVIT
▇▇▇ shall execute the Contract Affidavit required by COMAR
21.07.01.25.
BB. CONFLICT OF INTEREST
This Agreement is subject to the provisions of COMAR 21.5.08.08.
Consultant and its subcontractors shall comply with that regulation
and shall execute the affidavit(s) required by that regulation.
CC. SUBCONTRACTORS
The requirements and obligations of ▇▇▇ under the Contract shall be
binding on subcontractors of ▇▇▇ and ▇▇▇ shall be responsible for all
acts or omissions of its subcontractors. Nothing in the Contract
Documents be construed to make subcontractors of Consultants intended
beneficiaries of the Contract. No subcontractor shall have or make any
claim directly against the State under the Contract.
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IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first above written.
ATTEST: WORLD ENERGY SOLUTIONS
/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ (SEAL)
------------------------------------- ------------------------------
Secretary President of Designee
STATE OF MARYLAND
DEPARTMENT OF GENERAL SERVICES
/s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇
----------------------------------------
▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, Director
Procurement Officer
Procurement and Logistics
3-16-06
(Date)
Anticipated Department of Budget and Management Approval:
Approved as to legal form and
sufficiency this 14th day
of February, 2006
/s/ [ILLEGIBLE]
-------------------------------------
Assistant Attorney General
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ATTACHMENT A
January 20, 2006
Statement of Work
To Provide Reverse Energy Auction Procurement Services
To the Maryland Department of General Services
1. INTRODUCTION:
This Statement of Work (SOW) defines the work requirements for World Energy
Solutions (▇▇▇). ▇▇▇ will subcontract with Science Application
International Corporation (SAIC) and Qvinta Incorporated (QI) to provide
the State with an internet-based electronic medium for conducting an
auction (or auctions) for energy procurements and to provide other services
described in this Statement of Work. ▇▇▇ warrants that it and its
subcontractors, SAIC and QI, are supplier-neutral; that is, they have no
vested-interest in which suppliers win the right to provide energy to the
selected accounts. The electronic procurement platform to be utilized is
focused on providing energy and energy related services and shall be
capable of conducting an independent "reverse" auction, and all related
auction tasks, to support the Maryland Department of General Services (DGS)
for the procurement of energy and energy related services. This auction
shall comply with Section 13-111 of the State Finance and Procurement
Article of the Annotated Code of Maryland and all other applicable
provisions of law. ▇▇▇ shall not enter into a subcontract with any other
subcontractor without the prior written approval of the Procurement
Officer.
2. OBJECTIVE:
The objective of this project is to conduct an internet-based "reverse"
electronic auction for the procurement of electricity for selected accounts
in Maryland which are currently served through the following utilities:
Allegheny, Baltimore Gas & Electric, Conectiv, Pepco,
DGS shall conduct this procurement with the assistance of ▇▇▇ utilizing the
▇▇▇ electronic energy-specific procurement platform as designed and
supplied by the consultant under this contract. ▇▇▇ warrants that it is
knowledgeable regarding the procurement of utility service and competitive
pricing within the utilities doing business in Maryland.
Any account currently being served competitively may not be eligible for
inclusion in this procurement based on contract terms with its current
supplier.
1. AUCTION TASK DESCRIPTION:
A. The energy auction shall consist of, at a minimum, pre-auction and
auction tasks. DGS anticipates the energy supply bids responding to
the State-issued solicitation to provide pricing on the following
basis:
1) Fixed two & three year pricing per kWh (with two one-year renewal
options)
2) Fixed two & three year pricing per kWh (with two one-year renewal
options) and various percentages of green power requirements.
B. ▇▇▇ shall conduct a survey of active and licensed suppliers as
certified by the Public Service Commission of Maryland in order to
determine the best market strategies which shall result in the most
competitive bids. Before the auction is conducted, ▇▇▇ will assist
DGS, at a minimum, by performing the following essential tasks:
C. Define data requirements, identify sources of data, and create a
central data repository (spreadsheet) of all relevant account
information. As needed, DGS shall assist ▇▇▇ with the task of
providing authorizations to collect account numbers and available
historical data.
D. ▇▇▇ shall assist DGS in conducting a survey of active and licensed
suppliers as certified by the Public Service Commission of Maryland in
order for DGS to determine the best market strategies which shall
result in the most competitive bids.
E. ▇▇▇ shall assist DGS by meeting with selected State of Maryland agency
points of contacts (POCs) to answer questions and explain the auction
process. ▇▇▇ may meet agency POCs with or without DGS personnel
present based on DGS's direction. Any questions that should be
answered directly by DGS shall be tabled for further clarification and
response from DGS. Under no circumstances shall ▇▇▇ have authority to
bind the State of Maryland or DGS, and ▇▇▇ shall not act or represent
to others that it has such authority.
F. ▇▇▇ shall assist DGS in creating a solicitation that requires bidders
to provide bids resulting in the best competitive bids based on the
DGS's pricing requests.
G. ▇▇▇ shall assist DGS by providing recommendations of the fee-per-kWh
that DGS should assess other agencies utilizing this contract and on
language to be included in the solicitation specifying the fee,
payment terms, etc.
H. WES shall assist DGS in advertising the procurement, registering
prospective bidders as users of the auction platform, and answering
any questions regarding use of the auction platform.
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I. WES shall assist DGS in contacting registered suppliers for the
included utilities to inform them of the procurement.
J. WES shall assist DGS as necessary in assessing the qualifications of
potential energy suppliers through the use of available information
such as: ▇▇▇▇ and Bradstreet Credit Reports, FERC Reports, etc. As
requested, WES shall work with DGS to develop sound financial and
other qualifications that suppliers must meet in order to bid. These
qualifications shall include, but are not limited to: viability to
meet the terms and conditions of DGS contracts, adherence to switching
rules and enrollment processes, and minimum load requirements for
competitive supply.
K. WES shall assist DGS by providing the technology and facilities to
host pre-bid bidder's conferences between potential suppliers, DGS,
and WES. In addition, WES shall assist DGS in performing coordination
of pre-bid teleconferencing and/or meetings as necessary to ensure
qualified bidders understand the auction process. In addition to
assisting with bidder's conference(s), WES shall provide DGS with a
written record of questions and answers from the meeting. After DGS's
review, these questions and answers shall be posted on World Energy
Solutions website for all potential bidders to access as part of the
solicitation.
L. In addition to posting questions and answers from bidder's
conferences, WES shall also post: rules for the use of the auction
platform, historical usage and demand data in downloadable Excel
files, auction rules, contract terms and conditions, and other
important data as directed by DGS. The website shall be password
accessible to both DGS and qualified bidders.
M. WES shall assist DGS, as requested, in determining the best contract
structure for each bidding event within this auction and shall provide
recommendations for solicitation language changes. This shall be done
through an analysis of the generation/ancillary pricing for the
accounts over the prior twelve months (assuming this information is
available). WES shall provide information regarding the best time to
hold the auction based on DGS's needs and specified timelines.
N. ▇▇▇ shall assist DGS in reviewing the final solicitation posted to
ensure that it meets both DGS and supplier bidding requirements.
O. WES shall assist DGS in creating pricing scenarios and forecasts which
shall serve as the baselines against which auction prices can be
compared.
P. WES shall assist DGS in monitoring the auction and maintaining an
"audit trail" of supplier communications, bid prices, bid times,
attempts to submit bids, and auction results.
Q. ▇▇▇ shall assist DGS by providing DGS, in paper and/or electronic
format, a summary of all supplier communications, bid prices, and
submission times
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clearly identified. Additionally, the lowest bid price submitted shall
be clearly identified. WES cannot bind the State of Maryland and shall
not act or represent itself to perform in the capacity of the
Procurement Officer.
R. WES shall assist DGS in conducting up to two additional auctions at no
additional charge if, in DGS' determination, pricing received through
the first auction is not reflective of competitive electricity market
pricing at that point in time or if DGS determines that more
advantageous pricing can be achieved through additional auctions.
5. POST AUCTION SERVICES:
For all awarded accounts, WES shall load and provide access to facility and
usage reports through an Internet platform that shall be formatted to meet
DGS's specific needs. Account information shall be based on the historical
data gathered for this procurement, and an inclusive list of accounts that
these services will be provided for shall be agreed upon by DGS and ▇▇▇
prior to the auction. This service shall not only allow DGS to access and
review account data online, but shall also help to facilitate future
auctions for these same accounts. All necessary data shall be centrally
housed in a readily accessible database. WES shall facilitate and make
accurate data available to DGS.
6. SCHEDULE:
Within 14 days of contract execution, WES shall submit to DGS for DGS'
review and approval a detailed reverse auction procurement schedule. This
schedule shall allow DGS to perform this electricity procurement prior to
December 2006 and will begin with the contract execution date.
7. OTHER CONSIDERATIONS:
WES shall conduct teleconferencing and travel as necessary to execute
required planning and execution of this SOW.
8. FEE STRUCTURE:
Fees to become payable to WES for the work required by this SOW shall
initially be based on account data that is either provided to WES by DGS or
is gathered directly by WES.
WES shall be reimbursed by winning suppliers at a rate of $0.001 per kWh
for the first 24-months of service for accounts awarded through the
auction. WES shall be reimbursed at a rate of $.00075 per kWh for the
option-year periods if executed in order to continue providing post-auction
services. The payment period shall begin on the start date of service for
each account and end on the last day of service by the winning supplier.
Fees paid by suppliers shall be based on the amount of actual kWh's used by
each account serviced. Additionally, DGS shall include payment and
reporting terms between energy suppliers and WES in the DGS Solicitation
which includes the fee per kWh amounts and that monthly reporting of kWh's
used by the individual accounts
4
served is required. See also the Variations in Estimated Quantities clause
of the Agreement between WES and DGS.
9. ADDITIONAL TERMS CONCERNING PAYMENT:
If for some reason the winning supplier discontinues service to the account
during the period for which DGS procured energy through the auction and a
different supplier takes over service, the requirement for the supplier to
pay WES shall be null and void unless a separate agreement is reached by
all parties involved.
If accounts served through this auction are no longer provided energy by
the winning supplier at the request of DGS, the requirement for the winning
supplier to pay the WES remaining fees associated with these accounts shall
be null and void.
However, if mutually agreed upon with DGS, WES shall perform at least two
new auctions (at the same per kWh fees) for contract terms that cover at
least the time period that was left on the original supply contact.
If either of the scenarios listed above are executed and WES no longer
receives payment from the winning bidder, the requirement to provide post
auction services for the accounts no longer being served shall also be null
and void.
10. WRITTEN CONFIRMATION OF ACCOUNTS PRIOR TO AUCTION:
Ten business days prior to the date of the auction, DGS shall confirm with
WES that the accounts for which data are being provided to suppliers is the
final set of accounts included in the auction.
5
ATTACHMENT III - BID/PROPOSAL AFFIDAVIT
A. AUTHORIZED REPRESENTATIVE
I HEREBY AFFIRM THAT:
I am the President and CEO and the duly authorized representative of World
Energy Solutions, Inc. and that I possess the legal authority to make this
Affidavit on behalf of myself and the business for which I am acting.
B. AFFIRMATION REGARDING BRIBERY CONVICTIONS
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above
business (as is defined in Section 16-101(b) of the State Finance and
Procurement Article of the Annotated Code of Maryland), or any of its officers,
directors, partners, controlling stockholders, or any of its employees directly
involved in the business's contracting activities has been convicted of, or has
had probation before judgment imposed pursuant to Criminal Procedure Article,
Section 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a
charge of, bribery, attempted bribery, or conspiracy to bribe in violation of
Maryland law, or of the law of any other state or federal law, except as follows
(indicate the reasons why the affirmation cannot be given and list any
conviction, plea, or imposition of probation before judgment with the date,
court, official or administrative body, the sentence or disposition, the name(s)
of person(s) involved, and their current positions and responsibilities with the
business):
______________________________________________
______________________________________________
______________________________________________
C. AFFIRMATION REGARDING OTHER CONVICTIONS
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above
business, or any of its officers, directors, partners, controlling stockholders
or any of its employees directly involved in the business's contracting
activities, 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. Section 1961, et seq., or the Mail Fraud Act, 18 U.S.C. Section 1341, et
seq., for acts in connection with the submission of bids or proposals for a
public or private contract;
(4) Been convicted of a violation of the State Minority Business Enterprise Law,
Section 14-308 of the State Finance and Procurement Article of the Annotated
Code of Maryland;
(5) Been convicted of a violation of the Section 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 subsection (1) through (5) above;
(7) Been found civilly liable under a state or federal antitrust statute for
acts or omissions in connection with the submission of bids or proposals for a
public or private contract; or
(8) 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
Section B and subsections (1) through (7) above, except as follows (indicate
reasons why the affirmations cannot be given, and list any conviction, plea, or
imposition of probation before judgment with the date, court, official or
administrative body, the sentence or disposition, the name(s) of the person(s)
involved and their current positions and responsibilities with the business, and
the status of any debarment):
______________________________________________
______________________________________________
______________________________________________
D. AFFIRMATION REGARDING DEBARMENT
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above
business, or any of its officers, directors, partners, controlling stockholders,
or any of its employees directly involved in the business's contracting
activities, has ever been suspended or debarred (including being issued a
limited denial of participation) by any public entity, except as follows (list
each debarment or suspension providing the dates of the suspension or debarment,
the name of the public entity and the status of the proceedings, the name(s) of
the person(s) involved and their current positions and responsibilities with the
business, the grounds of the debarment or suspension, and the details of each
person's involvement in any activity that formed the grounds of the debarment or
suspension):
______________________________________________
______________________________________________
______________________________________________
E. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES
I FURTHER AFFIRM THAT:
(1) The business was not established and it does not operate in a manner
designed to evade the application of or defeat the purpose of debarment pursuant
to Sections 16-101, et seq., of the State Finance and Procurement Article of the
Annotated Code of Maryland; and
(2) The business is not a successor, assignee, subsidiary, or affiliate of a
suspended or debarred business, except as follows (you must indicate the reasons
why the affirmations cannot be given without qualification):
______________________________________________
______________________________________________
______________________________________________
F. SUB-CONTRACT AFFIRMATION
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above
business, has knowingly entered into a contract with a public body under which a
person debarred or suspended under Title 16 of the State Finance and Procurement
Article of the Annotated Code of Maryland will provide, directly or indirectly,
supplies, services, architectural services, construction related services,
leases of real property, or construction.
G. AFFIRMATION REGARDING COLLUSION
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above
business has:
(1) Agreed, conspired, connived, or colluded to produce a deceptive show of
competition in the compilation of the accompanying bid or offer that is being
submitted;
(2) In any manner, directly or indirectly, entered into any agreement of any
kind to fix the bid price or price proposal of the bidder or offeror or of any
competitor, or otherwise taken any action in restraint of free competitive
bidding in connection with the contract for which the accompanying bid or offer
is submitted.
H. FINANCIAL DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
I am aware of, and the above business will comply with, the provisions of
Section 13-221 of the State Finance and Procurement Article of the Annotated
Code of Maryland, which require that every business that enters into contracts,
leases, or other agreements with the State of Maryland or its agencies during a
calendar year under which the business is to receive in the aggregate
$100,000 or more shall, within 30 days of the time when the aggregate value of
the contracts, leases, or other agreements reaches $100,000, file with the
Secretary of State of Maryland certain specified information to include
disclosure of beneficial ownership of the business.
I. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
I am aware of, and the above business will comply with, Election Law Article,
Sections 14-101--14-108, Annotated Code of Maryland, which requires that every
person that enters into contracts, leases, or other agreements with the State of
Maryland, including its agencies or a political subdivision of the State, 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.
J. 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 or offer, the business, if other than an
individual, certifies and agrees that, with respect to its employees to be
employed under a contract resulting from this solicitation, the business shall:
(a) Maintain a workplace free of drug and alcohol abuse during the term of the
contract;
(b) Publish a statement notifying its employees that the unlawful manufacture,
distribution, dispensing, possession, or use of drugs, and the abuse of drugs or
alcohol is prohibited in the business' workplace and specifying the actions that
will be taken against employees for violation of these prohibitions;
(c) Prohibit its employees from working under the influence of drugs or alcohol;
(d) Not hire or assign to work on the contract anyone whom the business knows,
or in the exercise of due diligence should know, currently abuses drugs or
alcohol and is not actively engaged in a bona fide drug or alcohol abuse
assistance or rehabilitation program;
(e) Promptly inform the appropriate law enforcement agency of every drug-related
crime that occurs in its workplace if the business has observed the violation or
otherwise has reliable information that a violation has occurred;
(f) Establish drug and alcohol abuse awareness programs to inform its employees
about:
(i) The dangers of drug and alcohol abuse in the workplace;
(ii) The business' policy of maintaining a drug and alcohol free workplace;
(iii) Any available drug and alcohol counseling, rehabilitation, and employee
assistance programs; and
(iv) The penalties that may be imposed upon employees who abuse drugs and
alcohol in the workplace;
(g) Provide all employees engaged in the performance of the contract with a copy
of the statement required by Section J(2)(b), above;
(h) Notify its employees in the statement required by Section J(2)(b), above,
that as a condition of continued employment on the contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer of any criminal drug or alcohol abuse conviction or an
offense occurring in the workplace not later than 5 days after a conviction;
(i) Notify the procurement officer within 10 days after receiving notice under
ss.J(2)(h)(ii), above, or otherwise receiving actual notice of a conviction;
(j) Within 30 days after receiving notice under Section J(2)(h)(ii), above, or
otherwise receiving actual notice of a conviction, impose either of the
following sanctions or remedial measures on any employee who is convicted of a
drug or alcohol abuse offense occurring in the workplace:
(i) Take appropriate personnel action against an employee, up to and including
termination; or
(ii) Require an employee to satisfactorily participate in a bona fide drug or
alcohol abuse assistance or rehabilitation program; and
(k) Make a good faith effort to maintain a drug and alcohol free workplace
through implementation of Section J(2)(a)-(j), above.
(3) If the business is an individual, the individual shall certify and agree as
set forth in Section J(4), below, that the individual shall not engage in the
unlawful manufacture, distribution, dispensing, possession, or use of drugs or
the abuse of drugs or alcohol in the performance of the contract.
(4) I acknowledge and agree that:
(a) The award of the contract is conditional upon compliance with COMAR 21.11.08
and this certification;
(b) The violation of the provisions of COMAR 21.11.08 of this certification
shall be cause to suspend payments under, or terminate the contract for default
under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and
(c) The violation of the provisions of COMAR 21.11.08 or this certification in
connection with the contract may, in the exercise of the discretion of the Board
of Public Works, result in suspension and debarment of the business under COMAR
21.08.03.
K. CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT
I FURTHER AFFIRM THAT:
(1) The business named above is a domestic corporation registered in accordance
with the Corporations and Associations Article, Annotated Code of Maryland, and
that it is in good standing and has filed all of its annual reports, together
with filing fees, with the Maryland State Department of Assessments and
Taxation, and that the name and address of its resident agent filed with the
State Department of Assessments and Taxation is:
Name: Corporation Trust
Address: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
(2) Except as validly contested, the business has paid, or has arranged for
payment of, all taxes due the State of Maryland and has filed all required
returns and reports with the Comptroller of the Treasury, the State Department
of Assessments and Taxation, and the Department of Labor, Licensing, and
Regulation, as applicable, and will have paid all withholding taxes due the
State of Maryland prior to final settlement.
L. CONTINGENT FEES
I FURTHER AFFIRM THAT:
The business has not employed or retained any person, partnership, corporation,
or other entity, other than a bona fide employee, bona fide agent, bona fide
salesperson, or commercial selling agency working for the business, to solicit
or secure the Contract, and that the business has not paid or agreed to pay any
person, 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.
M. REPEALED
N. ACKNOWLEDGEMENT
I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer
and may be distributed to units of: (1) the State of Maryland; (2) counties or
other subdivisions of the State of Maryland; (3) other states; and (4) the
federal government. I further acknowledge that this Affidavit is subject to
applicable laws of the United States and the State of Maryland, both criminal
and civil, and that nothing in this Affidavit or any contract resulting from the
submission of this bid or proposal shall be construed to supersede, amend,
modify or waive, on behalf of the State of Maryland, or any unit of the State of
Maryland having jurisdiction, the exercise of any statutory right or remedy
conferred by the Constitution and the laws of Maryland with respect to any
misrepresentation made or any violation of the obligations, terms and covenants
undertaken by the above business with respect to (1) this Affidavit, (2) the
contract, and (3) other Affidavits comprising part of the contract.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE
CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF.
Date: 2/9/06
By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
---------------------------------
(Authorized Representative and
Affiant)
ATTACHMENT IV - COMAR 21.07.01.25 CONTRACT AFFIDAVIT
A. AUTHORIZED REPRESENTATIVE
I HEREBY AFFIRM THAT:
I am the President and CEO and the duly authorized representative of World
Energy Solutions, Inc. and that I possess the legal authority to make this
Affidavit on behalf of myself and the business for which I am acting.
B. CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT
I FURTHER AFFIRM THAT:
(1) The business named above is a domestic corporation registered in accordance
with the Corporations and Associations Article, Annotated Code of Maryland, and
that it is in good standing and has filed all of its annual reports, together
with filing fees, with the Maryland State Department of Assessments and
Taxation, and that the name and address of its resident agent filed with the
State Department of Assessments and Taxation is:
Name: Corporation Trust
Address: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
(2) Except as validly contested, the business has paid, or has arranged for
payment of, all taxes due the State of Maryland and has filed all required
returns and reports with the Comptroller of the Treasury, the State Department
of Assessments and Taxation, and the Department of Labor, Licensing, and
Regulation, as applicable, and will have paid all withholding taxes due the
State of Maryland prior to final settlement.
C. CERTAIN AFFIRMATIONS VALID
I FURTHER AFFIRM THAT:
To the best of my knowledge, information, and belief, each of the affirmations,
certifications, or acknowledgements contained in that certain Bid/Proposal
Affidavit dated February 9th , 2006, 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 BEST OF MY KNOWLEDGE,
INFORMATION, AND BELIEF.
Date: 2/14/06 By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
------------------------------------
(Authorized Representative and
Affiant)
Form DGS-MBE-01A
DEPARTMENT OF GENERAL SERVICES
CERTIFIED MBE UTILIZATION AND FAIR SOLICITATION
AFFIDAVIT
EFFECTIVE OCTOBER 1, 2004
This document must be included with the bid or offer. If the bidder or offeror
fails to submit this form with the bid or offer as required, the procurement
officer shall deem the bid non-responsive or shall determine that the offer is
not reasonably susceptible of being selected for award.
In conjunction with the bid or offer submitted in response to Solicitation No.
_______________ I affirm the following:
1. I acknowledge the overall certified Minority Business Enterprise (MBE)
participation goal of 25% percent and, if specified in the solicitation,
sub goals of ______ percent for MBEs classified as African American-owned
and ______ percent for MBEs classified as women-owned. I have made a good
faith effort to achieve this goal.
OR
After having made a good faith effort to achieve the MBE participation
goal, I conclude I am unable to achieve it. Instead, I intend to achieve
MBE participation of ______% and request a waiver of the remainder of the
goal. Within 10 business days of receiving notice that our firm is the
apparent low bidder or the apparent awardee (competitive sealed proposal),
I will submit a written waiver request that complies with COMAR
21.11.03.11. I acknowledge that the MBE subcontractors/suppliers listed in
the MBE Participation Schedule (Form DGS-MBE-03C) will be used to
accomplish the percentage of MBE participation that I intend to achieve.
2. I have identified the specific commitment of certified MBEs by completing
and submitting an MBE Participation Schedule (Form DGS-MBE-03C) with the
bid or proposal.
3. I understand that if I am notified that I am the apparent awardee, I must
submit the following documentation within 10 working days of receiving
notice of the potential award or from the date of conditional award (per
COMAR 21.11.03.10), whichever is earlier.
(a) Outreach Efforts Compliance Statement (FORM DGS-MBE-02B)
(b) Subcontractor Project Participation Statement (FORM DGS-MBE 05E)
(c) MBE Waiver Request per COMAR 21.11.03.11 (if applicable)
(d) Any other documentation required by the Procurement Officer to
ascertain bidder or offeror responsibility in connection with the
certified MBE participation goal.
I acknowledge that if I 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 already been awarded, the award is voidable.
4. In the solicitation of subcontract quotations or offers, MBE subcontractors
were provided not less than the same information and amount of time to
respond as were non-MBE subcontractors.
I solemnly affirm under the penalties of perjury that the contents of this
paper are true to the best of my knowledge, information, and belief.
World Energy Solutions, Inc. /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Bidder/Offeror Name ----------------------------------------
Signature of Affiant
▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ President
Address Printed Name, Title
▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ 02/14/06
Date
SUBMIT THIS AFFIDAVIT WITH BID/PROPOSAL
Revised November 2004
Form DGS-MBE-02B
DEPARTMENT OF GENERAL SERVICES
OUTREACH EFFORTS COMPLIANCE
STATEMENT
In conjunction with the bid or offer submitted in response to Solicitation No.
_______________, I state the following:
1. BIDDER/OFFEROR IDENTIFIED OPPORTUNITIES TO SUBCONTRACT IN THESE
SPECIFIC WORK CATEGORIES:
- Pull utility data
- Format utility data
- Attend meetings with DGS
- Analyse data on ongoing bases, provide reports
- Work on customer procurement requirements
2. ATTACHED TO THIS FORM ARE COPIES OF WRITTEN SOLICITATIONS (WITH
BIDDING INSTRUCTIONS) USED TO SOLICIT CERTIFIED MBES FOR THESE
SUBCONTRACT OPPORTUNITIES:
3. BIDDER/OFFEROR MADE THE FOLLOWING ATTEMPTS TO CONTACT PERSONALLY THE
SOLICITED MBES: Contact Maryland MBE's
4. [ ] BIDDER/OFFEROR ASSISTED MBES TO FULFILL OR TO SEEK WAIVER OF
BONDING REQUIREMENTS. (DESCRIBE EFFORTS)
[X] THIS PROJECT DOES NOT INVOLVE BONDING REQUIREMENTS.
5. [ ] BIDDER/OFFEROR DID/DID NOT ATTEND THE PRE-BID CONFERENCE
[X] NO PRE-BID CONFERENCE WAS HELD.
World Energy Solutions, Inc. By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Bidder/Offeror Name ------------------------------------
▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ President
Address Printed Name, Title
02/14/06
Date
SUBMITS WITHIN 10 WORKING DAYS OF NOTIFICATION APPARENT AWARDEE
Revised November 2004
FORM DGS-MBE-03C
DEPARTMENT OF GENERAL SERVICES
MBE PARTICIPATION SCHEDULE
MG&BPW
____________
Initials
____________
Date
Prime Contractor (Firm Name, Address, Phone) Project Description: Energy Procurement
WORLD ENERGY SOLUTIONS
ADDRESS: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
PHONE: ▇▇▇ ▇▇▇ ▇▇▇▇
Project Number ________ Total Contract Amount $______
List Information For Each Certified MBE Subcontractor On This Project
A. Minority Firm Name, Address, Phone MBE Classification: Women Owned / African-American
QVINTA, Incorporated
Suite 102, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
▇▇., ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ MBE Certification Number: 89-200
Work To Be Performed ________ MBE Federal ID Number: ▇▇-▇▇▇▇▇▇▇
Project Commitment Date ________ Project Completion Date 12/01/06
Agreed Dollar Amount ________ Percentage Of Total Contract 25%
B. Minority Firm Name, Address, Phone END MBE Classification: ______________________________
MBE Certification Number: ________
Work To Be Performed ________ MBE Federal ID Number: ___________
Project Commitment Date ________ Project Completion Date ________
Agreed Dollar Amount ________ Percentage Of Total Contract ________
C. Minority Firm Name, Address, Phone MBE Classification: ______________________________
MBE Certification Number: ________
Work To Be Performed ________ MBE Federal ID Number: ___________
Project Commitment Date ________ Project Completion Date ________
Agreed Dollar Amount ________ Percentage Of Total Contract ________
THIS FORM PREPARED BY: (CONTRACTOR SIGNATURE
IS REQUIRED) DATE: ____________
(DGS OFFICIAL USE ONLY)
APPROVED: [ ] YES [ ] NO
______________ -----------------------------------------------
DATE SIGNATURE - MINORITY BUSINESS ENTERPRISE OFFICE
USE CONTINUATION PAGE AS NEEDED
SUMMARY
TOTAL MBE PARTICIPATION: 25% $_____
TOTAL AFRICAN-AMERICAN MBE PARTICIPATION: __% $_____
TOTAL WOMAN-OWNED MBE PARTICIPATION: 25% $_____
MBE Classification: Hispanics - - Asian - - American Indians - - Women -
- African American - - Physical or Mentally Disabled
SUBMIT THIS AFFIDAVIT WITH BID/PROPOSAL
Revised November 2004
FORM DGS-MBE-03C
DEPARTMENT OF GENERAL SERVICES
MBE PARTICIPATION SCHEDULE
Page 2
List Information For Each Certified MBE Subcontractor On This Project
D. Minority Firm Name, Address, Phone MBE Classification: ______________________________
MBE Certification Number: ________
Work To Be Performed ________ MBE Federal ID Number: ___________
Project Commitment Date ________ Project Completion Date ________
Agreed Dollar Amount ________ Percentage Of Total Contract ________
E. Minority Firm Name, Address, Phone MBE Classification: ______________________________
MBE Certification Number: ________
Work To Be Performed ________ MBE Federal ID Number: ___________
Project Commitment Date ________ Project Completion Date ________
Agreed Dollar Amount ________ Percentage Of Total Contract ________
F. Minority Firm Name, Address, Phone MBE Classification: ______________________________
MBE Certification Number: ________
Work To Be Performed ________ MBE Federal ID Number: ___________
Project Commitment Date ________ Project Completion Date ________
Agreed Dollar Amount ________ Percentage Of Total Contract ________
G. Minority Firm Name, Address, Phone MBE Classification: ______________________________
MBE Certification Number: ________
Work To Be Performed ________ MBE Federal ID Number: ___________
Project Commitment Date ________ Project Completion Date ________
Agreed Dollar Amount ________ Percentage Of Total Contract ________
SUMMARY
SUB-TOTAL MBE PARTICIPATION: ___% $_____
SUB-TOTAL AFRICAN-AMERICAN MBE PARTICIPATION: ___% $_____
SUB-TOTAL WOMAN-OWNED MBE PARTICIPATION: ___% $_____
MBE Classification: Hispanics - - Asian - - American Indians - - Women -
- African American - - Physical or Mentally Disabled
SUBMIT THIS AFFIDAVIT WITH BID/PROPOSAL
Revised November 2004
Form DGS-MBE-05E
DEPARTMENT OF GENERAL SERVICES
MBE AND PRIME CONTRACTOR
SUBCONTRACTOR PROJECT PARTICIPATION STATEMENT
SUBMIT ONE FORM FOR EACH CERTIFIED MBE LISTED IN THE MBE PARTICIPATION SCHEDULE
PROVIDED THAT THE PRIME CONTRACTOR
______________________________________________ ENERGY PROCUREMENT
PRIME NUMBER PROJECT TITLE
WORLD ENERGY SOLUTIONS - - -
PRIME CONTRACTOR NAME PROJECT DOLLAR AMOUNT
HEREBY ENTER INTO A CONTRACT AGREEMENT WITH
QVINTA, Incorporated ___________________________________
MBE SUBCONTRACTOR NAME MBE DOLLAR AMOUNT
______________________________________________ 25% 89-200 None Required
BE WORK/SERVICES TO BE PERFORMED MBE% MDOT CERTIFICATION NO. BONDING REQUIRED
1. HISPANIC - 5. WOMEN [X]
2. ASIAN - 6. PHYSICAL OR MENTALLY DISABLED -
3. AMERICAN INDIANS - 7. OTHER SOCIALLY OR ECONOMICALLY -
4. AFRICAN AMERICAN [X] 8. DISADVANTAGED INDIVIDUAL -
THE UNDERSIGNED SUBCONTRACTOR WILL ENTER INTO A CONTRACT WITH THE ABOVE PRIME CONTRACTOR FOR THE
WORK/SERVICE INDICATED ABOVE UPON THE PRIME CONTRACTOR'S EXECUTION OF A CONTRACT WITH THE MARYLAND
DEPARTMENT OF GENERAL SERVICES. THE UNDERSIGNED MBE SUBCONTRACTOR IS CERTIFIED BY THE MARYLAND
DEPARTMENT OF TRANSPORTATION AS A LIGITIMATE MINORITY BUSINESS AND WILL PROVIDE PROOF OF
CERTIFICATION.
I, THE BELOW-NAMED SUBCONTRACTOR, AGREE TO THE TERMS AND CONDITIONS STATED ABOVE.
QVINTA, Incorporated /s/ ▇▇▇▇▇ ▇ ▇▇▇-▇▇▇▇▇▇▇▇
MBE COMPANY NAME ---------------------------------------
SUBCONTRACTOR SIGNATURE
▇▇▇▇▇ ▇ ▇▇▇-▇▇▇▇▇▇▇▇, President
Suite 102
▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ 14 Feb 2006
ADDRESS (NUMBER - STREET - CITY - STATE - ZIP) DATE
I, THE PRIME CONTRACTOR, AGREE TO THE TERMS AND CONDITIONS STATED ABOVE.
WORLD ENERGY SOLUTIONS /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
PRIME COMPANY NAME ---------------------------------------
PRIME SIGNATURE
▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 02/14/06
▇▇▇▇▇▇▇ (▇▇▇▇▇▇ - ▇▇▇▇▇▇ - ▇▇▇▇ - ▇▇▇▇▇ - ▇▇▇) DATE
SUBMITS WITHIN 10 WORKING DAYS OF NOTIFICATION APPARENT AWARDEE
Revised November 2004