02-25FQ9-_Bid_Package.pdf

QUOTE NUMBER/NAME:

QUOTE ISSUE DATE:

QUOTE CONTRACT MANAGER:

QUOTE CONTRACT ADMINISTRATOR:

QUESTIONS:

PRE-BID DATE:

PRE-BID LOCATION:

OBTAINING QUOTE DOCUMENTS:

BONDS REQUIRED:

MBE REQUIREMENTS:

QUOTE DUE:

QUOTE OPENING LOCATION:

SEALED QUOTE DELIVERED TO:

TENTATIVE AWARD DATE:

ELIGIBILITY TO BID:

25FQ9, Floor Finish and Floor Stripper

April 7, 2025

Roy McHaffa, CPP, CPDW, Purchasing Agent, roy.mchaffa@fcps.org

Edward Reinhold, Senior Manager of Operations, Edward.Reinhold@fcps.org

Questions due no later than 4:00 P.M., local time, on April 22, 2025. Submit questions in writing via OpenGov.

10:00 A.M., local time, on April 15, 2025.

(Attendance is encouraged, but not mandatory.)

Google Meet joining info

Video call link: https://meet.google.com/pwv-snmw-bnn

Or dial: (US) +1 510-939-0347 PIN: 462 060 431#

To view and/or download this solicitation package please visit our webpage at:

https://secure.procurenow.com/portal/fcps. If you have problems downloading this bid or applicable addenda, contact: Krista Long at krista.long@fcps.org.

NO

NO

2:00 P.M., local time, on April 29, 2025

Google Meet joining info

Video call link: https://meet.google.com/wrb-dqxj-qze

Or dial: (US) +1 419-677-0593 PIN: 620 988 499#

FCPS is accepting electronic bid submissions through OpenGov Procurement.

Bidders can create a FREE account with OpenGov Procurement by signing up at http://secure.procurenow.com/signup.

May 12, 2025

All Frederick County Public School vendors and or contractors interested in bidding on FCPS projects must register at eMaryland Marketplace Advantage www.procurement.maryland.gov. FCPS will no longer accept bidder’s applications.

Bill Meekins CPPB, CPPO, NIGP-CPP, CSBO, CPCP, Purchasing Manager

Kim Miskell, CSBO, Assistant Purchasing

Manager

Roy McHaffa, CPP, CPDW, Purchasing Agent

David Guzman, Purchasing Agent

Purchasing Office

191 South East St

Frederick, Maryland 21701

240-586-7508 phone

240-586-7501 fax mailto:roy.mchaffa@fcps.org mailto:Edward.Reinhold@fcps.org https://meet.google.com/pwv-snmw-bnn https://secure.procurenow.com/portal/fcps mailto:krista.long@fcps.org http://secure.procurenow.com/signup http://www.procurement.maryland.gov/

TABLE OF CONTENTS

COVER PAGE 1

TABLE OF CONTENTS 2-3

FCPS CENTRAL OFFICE MAP 4

FCPS SCHOOL YEAR AT A GLANCE 5

FCPS DIRECTORY OF SCHOOLS 6-7

GENERAL TERMS AND CONDITIONS - SECTION I 8-40

Bidder Registration

Pre-Proposal Meeting

Preparation of Proposal

Proposal Pricing

Taxes

Addendum

Receipt of Proposals

Opening of Proposals

Standard of Quality, “or Equal Clauses,” and Substitutions

Samples

Guarantees and Warranties

Awards or Rejection of Proposals

Contract Formation

Protests

Contract Disputes

Contract Assignment

Multi -Year Contract

Hold Harmless

Termination for Default

Termination for Convenience

Governing Law and Venue

Multi-Agency Participation

Packaging and Delivery Requirements

Billing and Payment

Compliance with Specifications

Failure to Perform/Deliver

Safety Requirements

Patents

Technology-Based Instructional Products

Vendor Notice of Equivalent Access Standards

Employment of Child Sex Offenders and Persons with Uncontrolled Access to Students

Criminal Background Checks

Drug, Alcohol, And Tobacco-Free Workplace

Weapon Possession on School Property

Foreign Language Translator Requirement

Illegal Immigrant Labor

Student/Staff Confidentiality

Public Information Act Notice

Force Majeure

Ethics Policy

Non-Collusion

Conflict of Interest

Service Level Agreement (SLA)

Service Organization Control (SOC) Audit Report

Federal Contract Awards

ATTACHMENT A - Appendix II Part 200-Contract Provisions for Non-Federal Entity

Contract Under Federal Awards

SPECIFIC TERMS AND CONDITIONS - SECTION II 41-49

Scope

Contract Period

Pricing

Product Specifications Quantities Delivery to Schools Closings- Schools Delivery- Warehouse Closings- Warehouse Concealed Shortages/Damaged Products Bids for All or Part Green Cleaning Supplies Authorized Dealers Damages/Responsibilities for Items Tendered Preparation of Proposal Evaluation Criteria and Award Vendor Performance Evaluation Contractor's and Subcontractor's Insurance

Surveys and Permits Inspection of Site Use of FCPS Services and Facilities Protection of Work and Property Inspection and Correction of Work Changes in Work

VENDOR QUESTIONNAIRE

FORM OF PROPOSAL

SIGNATURE PAGE ACKNOWLEDGING PROPOSAL/ADDENDA

STATUTORY AFFIDAVIT AND NON-COLLUSION CERTIFICATION

FORM CERTIFICATION OF COMPLIANCE FORM

PROPRIETARY INFORMATION FORM

VENDOR CONFLICT OF INTEREST DISCLOSURE FORM

53-54

57-58

FCPS

Central Office

191 S. East Street

Commerce Street

South Street

Ca rro ll S tre et

All Saints Street

Frederick Tourism

Commerce Street Parking

All Saints Parking

Ea st

St ree t

Parking Deck

Social Services

. Text

Frederick County Public Schools 191 S. East Street

THE SCHOOL YEAR AT A GLANCE

August 21 (Wednesday) First Day of School

September 2 (Monday) Schools* and Offices Closed

September 19 (Thursday) 2-Hour Early Dismissal for Students

(Modified prek schedule)

September 20 (Friday) 3 1/2-Hour Early Dismissal for Students (No prek)

October 3 (Thursday) Schools* Closed for Students

October 7 (Monday) 4-Hour Delayed Opening: Elementary and Middle

Only (Parent-Teacher Conferences, No prek)

October 8 (Tuesday) 4-Hour Delayed Opening: Elementary and Middle

Only (Parent-Teacher Conferences, No prek)

October 9 (Wednesday) 3 1/2-Hour Early Dismissal: Elementary and

Middle Only (Parent-Teacher Conferences, No prek)

October 18 (Friday) Schools* Closed for Students

October 25 (Friday) 2-Hour Early Dismissal for Students

(Modified prek schedule)

October 28 (Monday) Schools* Closed for Students

November 05 (Tuesday) Schools** Closed for Students

November 26 (Tuesday) 2-Hour Early Dismissal for Students

(Modified prek schedule)

November 27 (Wednesday) Schools* and Offices Closed

November 28-29 (Thursday-Friday) Schools** and Offices Closed

December 23 (Monday) Schools* Closed

December 24-25 (Tuesday-Wednesday) Schools** and Offices Closed

December 26-27 (Thursday-Friday) Schools** Closed

December 30-31 (Monday-Tuesday) Schools** Closed

January 1 (Wednesday) Schools** and Offices Closed

January 16-17 (Thursday and Friday) Schools* Closed

January 20 (Monday) Schools** and Offices Closed

February 17 (Monday) Schools** and Offices Closed

February 21 (Friday) 2-Hour Early Dismissal for Students

(Modified prek schedule)

March 27 (Thursday) 2-Hour Early Dismissal for Students

(Modified prek schedule)

March 28 (Friday) Schools* Closed for Students

April 14-17 (Monday-Thursday) Schools* Closed for Students

April 18 (Friday) Schools** and Offices Closed

April 21 (Monday) Schools** and Offices Closed

May 9 (Friday) 2-Hour Early Dismissal for Students

(Modified prek schedule)

May 26 (Monday) Schools** and Offices Closed

June 6*** (Friday) 2-Hour Early Dismissal/Last Day of School for

Students (Modified prek schedule)

*BOE Determined

**State Mandated (See page 40)

***FCPS will make up days closed for inclement weather or other emergencies in the following sequence: June

9, 10, 11, 12, and 13. If no snow days are used, the last day for students is Friday, June 6. The June 2-hour early dismissal will occur on the last day of school for students. The school year will provide 180 days for students.

Dates are subject to BOE revision.

THE CALENDAR HANDBOOK FOR 2024–2025

Get Calendar Details:

www.fcps.org/calendar

Like us on Facebook: FCPS Maryland

Follow us on X (formerly Twitter): @FCPSMaryland

Follow us on Instagram: @FCPSMaryland

@FCPSMaryland@FCPSMarylandFCPS Maryland

THE CALENDAR HANDBOOK FOR 2024–2025

DIRECTORY OF SCHOOLS

ELEMENTARY

1. Ballenger Creek 227-203-1880

5250 Kingsbrook Drive Frederick, MD 21703 Fax 227-203-1881 https://edu.fcps.org/bces/

2. Blue Heron 227-203-1820 7100 Eaglehead Drive New Market, MD 21774 Fax 227-203-1821 https://edu.fcps.org/bhes/

3. Brunswick 227-203-1860 400 Central Avenue Brunswick, MD 21716 Fax 227-203-1861 https://edu.fcps.org/bes/

4. Butterfly Ridge 227-203-1840 601 Contender Way Frederick, MD 21703 Fax 227-203-1841 https://edu.fcps.org/bres/

5. Carroll Manor 227-203-1900 5624 Adamstown Road Adamstown, MD 21710 Fax 227-203-1901 https://edu.fcps.org/cmes/

6. Centerville 227-203-1780 3601 Carriage Hill Drive Frederick, MD 21704 Fax 227-203-1781 https://edu.fcps.org/ces/

7. Deer Crossing 227-203-1760 10601 Finn Drive New Market, MD 21774 Fax 227-203-1761 https://edu.fcps.org/dces/

8. Emmitsburg 227-203-1720 300 South Seton Avenue Emmitsburg, MD 21727 Fax 227-203-1721 https://edu.fcps.org/ees/

9. Glade 227-203-1700 9525 Glade Road Walkersville, MD 21793 Fax 227-203-1701 https://edu.fcps.org/ges/

10. Green Valley 227-203-1680 11501 Fingerboard Road Monrovia, MD 21770 Fax 227-203-1681 https://edu.fcps.org/gves/

11. Hillcrest 227-203-1660 1285 Hillcrest Drive Frederick, MD 21703 Fax 227-203-1661 https://edu.fcps.org/hes/

B) Woodsboro 227-203-1100 Grades Pre-K–2 101 Liberty Road Woodsboro, MD 21798 Fax 227-203-1101 https://edu.fcps.org/woes/

22. North Frederick 227-203-1480 1010 Fairview Avenue Frederick, MD 21701 Fax 227-203-1481 https://edu.fcps.org/nfes/

23. Oakdale 227-203-1420 5830 Oakdale School Road Ijamsville, MD 21754 Fax 227-203-1421 https://edu.fcps.org/oes/

24. Orchard Grove 227-203-1400 5898 Hannover Drive Frederick, MD 21703 Fax 227-203-1401 https://edu.fcps.org/oges/

25. Parkway 227-203-1380 300 Carroll Parkway Frederick, MD 21701 Fax 227-203-1381 https://edu.fcps.org/pes/

26. Spring Ridge 227-203-1340 9051 Ridgefield Drive Frederick, MD 21701 Fax 227-203-1341 https://edu.fcps.org/sres/

27. Sugarloaf 227-203-1320 3400 Stone Barn Drive Frederick, MD 21704 Fax 227-203-1321 https://edu.fcps.org/sues/

28. Thurmont 227-203-1300 Grades 3-5 805 East Main Street Thurmont, MD 21788 Fax 227-203-1301 https://edu.fcps.org/tes/

29. Thurmont 227-203-1280 Primary Grades Pre-K–2 7989 Rocky Ridge Road Thurmont, MD 21788 Fax 227-203-1281 https://edu.fcps.org/tps/

30. Tuscarora 227-203-1260 6321 Lambert Drive Frederick, MD 21703 Fax 227-203-1261 https://edu.fcps.org/tues/

Middle (continued)

42. Governor Thomas 227-203-2550 Johnson 1799 Schifferstadt Boulevard Frederick, MD 21701 Fax 227-203-2551 https://edu.fcps.org/gtjms/

43. Middletown 227-203-2300 100 Martha Mason Street Middletown, MD 21769 Fax 227-203-2301 https://edu.fcps.org/mms/

44. Monocacy 227-203-2350 8009 Opossumtown Pike Frederick, MD 21702 Fax 227-203-2351 https://edu.fcps.org/moms/

45. New Market 227-203-2400 125 West Main Street New Market, MD 21774 Fax 227-203-2401 https://edu.fcps.org/nmms/

46. Oakdale 227-203-2450 5810 Oakdale School Road Ijamsville, MD 21754 Fax 227-203-2451 https://edu.fcps.org/oms/

47. Thurmont 227-203-2500 408 East Main Street Thurmont, MD 21788 Fax 227-203-2501 https://edu.fcps.org/tms/

48. Urbana 227-203-2600 3511 Pontius Court Ijamsville, MD 21754 Fax 227-203-2601 https://edu.fcps.org/ums/

49. Walkersville 227-203-2650 55 West Frederick Street Walkersville, MD 21793 Fax 227-203-2651 https://edu.fcps.org/wms/

50. West Frederick 227-203-2700 515 West Patrick Street Frederick, MD 21701 Fax 227-203-2701 https://edu.fcps.org/wfms/

51. Windsor Knolls 227-203-2750 11150 Windsor Road Ijamsville, MD 21754 Fax 227-203-2751 https://edu.fcps.org/wkms/

HIGH

52. Brunswick 227-203-3200

101 Cummings Drive Brunswick, MD 21716 Fax 227-203-3201 https://edu.fcps.org/bhs/

63. Carroll Creek 227-203-3820 Montessori Public Charter School 7215 Corporate Court Frederick, MD 21703 Fax 227-203-3821 https://carrollcreekmontessori.org/

64. FCPS Remote 227-203-2982 Virtual Program 57 West Frederick Street Walkersville, MD 21793 https://edu.fcps.org/fcvs/

65. Frederick Classical 227-203-3840 Charter School 8445 Spires Way, Suite CC Frederick, MD 21701 Fax 227-203-3841 https://frederickclassicalcharterschool.org/

66. Frederick County 227-203-3783 Virtual School 57 West Frederick Street Walkersville, MD 21793 https://edu.fcps.org/fcvs/

67. Heather Ridge School 227-203-3880 1445 Taney Avenue Frederick, MD 21702 Fax 227-203-3881 https://edu.fcps.org/hrs/

68. Monocacy Valley 227-203-3860 Montessori Public Charter School 64 Thomas Johnson Drive Frederick, MD 21702 Fax 227-203-3861 https://mvmpcs.org/

69. Rock Creek School 227-203-3900 55B West Frederick Street Walkersville, MD 21793 Fax 227-203-3901 https://edu.fcps.org/rcs/

70. Sabillasville 227-203-1360 Environmental Charter School 16210-B Sabillasville Road Sabillasville, MD 21780 Fax 227-203-1361 https://edu.fcps.org/ses/

53. Catoctin 227-203-3150 14745 Sabillasville Road Thurmont, MD 21788 Fax 227-203-3151 https://edu.fcps.org/chs/

54. Frederick 227-203-3300 650 Carroll Parkway Frederick, MD 21701 Fax 227-203-3301 https://edu.fcps.org/fhs/

55. Governor Thomas 227-203-3450 Johnson 1501 North Market Street Frederick, MD 21701 Fax 227-203-3451 https://edu.fcps.org/gtjhs/

56. Linganore 227-203-3500 12013 Old Annapolis Road Frederick, MD 21701 Fax 227-203-3501 https://edu.fcps.org/lhs/

57. Middletown 227-203-3600 200 Schoolhouse Drive Middletown, MD 21769 Fax 227-203-3601 https://edu.fcps.org/mhs/

58. Oakdale 227-203-3400 5850 Eaglehead Drive Ijamsville, MD 21754 Fax 227-203-3401 https://education.fcps.org/ohs/

59. Tuscarora 227-203-3100 5312 Ballenger Creek Pike Frederick, MD 21703 Fax 227-203-3101 https://edu.fcps.org/ths/

60. Urbana 227-203-3550 3471 Campus Drive Ijamsville, MD 21754 Fax 227-203-3551 https://edu.fcps.org/uhs/

61. Walkersville 227-203-3350 81 West Frederick Street Walkersville, MD 21793 Fax 227-203-3351 https://edu.fcps.org/whs/

SPECIALIZED SCHOOLS

& PROGRAMS

62. Career and 227-203-3650

Technology Center 7922 Opossumtown Pike Frederick, MD 21702 Fax 227-203-3651 https://edu.fcps.org/ctc/

FINDOUTFIRST EMAIL: WWW.FCPS.ORG/FOF

KEY

Gen Ed 4-year-old Full Day Pre-K Inclusive Program 3-year-old Half Day Pre-K Inclusive Program 4-year-old Full Day Pre-K Self Contained Special Education Full Day Pre-K STAR Schools Judy Center Schools

KEY

Gen Ed 4-year-old Full Day Pre-K I l i P 3 ld H lf D P K

AL

T

5240 5

21A

21B

64/66

12. Kemptown 227-203-1640 3456 Kemptown Church Road Monrovia, MD 21770 Fax 227-203-1641 https://edu.fcps.org/kes/

13. Lewistown 227-203-1620 11119 Hessong Bridge Road Thurmont, MD 21788 Fax 227-203-1621 https://edu.fcps.org/les/

14. Liberty 227-203-1600 11820 Liberty Road Frederick, MD 21701 Fax 227-203-1601 https://edu.fcps.org/libes/

15. Lincoln 227-203-1580 200 Madison Street Frederick, MD 21701 Fax 227-203-1581 https://edu.fcps.org/lnes/

16. Middletown 227-203-1560 Grades 3-5 201 East Green Street Middletown, MD 21769 Fax 227-203-1561 https://edu.fcps.org/mes/

17. Middletown 227-203-1540 Primary Grades Pre-K–2 403 Franklin Street Middletown, MD 21769 Fax 227-203-1541 https://edu.fcps.org/mps/

18. Monocacy 227-203-1520 7421 Hayward Road Frederick, MD 21702 Fax 227-203-1521 https://edu.fcps.org/moes/

19. Myersville 227-203-1500 429 Main Street Myersville, MD 21773 Fax 227-203-1501 https://edu.fcps.org/myes/

20. New Market 227-203-1460 93 West Main Street New Market, MD 21774 Fax 227-203-1461 https://edu.fcps.org/nmes/

21. New Midway-Woodsboro A) New Midway 227-203-1440 Grades 3-5 12226 Woodsboro Pike Keymar, MD 21757 Fax 227-203-1441 https://edu.fcps.org/woes/

31. Twin Ridge 227-203-1240 1106 Leafy Hollow Circle Mt. Airy, MD 21771 Fax 227-203-1241 https://edu.fcps.org/tres/

32. Urbana 227-203-1220 3554 Urbana Pike Frederick, MD 21704 Fax 227-203-1221 https://edu.fcps.org/ues/

33. Valley 227-203-1200 3519 Jefferson Pike Jefferson, MD 21755 Fax 227-203-1201 https://edu.fcps.org/ves/

34. Walkersville 227-203-1180 83 West Frederick Street Walkersville, MD 21793 Fax 227-203-1181 https://edu.fcps.org/wes/

35. Waverley 227-203-1160 201 Waverley Drive Frederick, MD 21702 Fax 227-203-1161 https://edu.fcps.org/waves/

36. Whittier 227-203-1140 2400 Whittier Drive Frederick, MD 21702 Fax 227-203-1141 https://edu.fcps.org/whes/

37. Wolfsville 227-203-1120 12520 Wolfsville Road Myersville, MD 21773 Fax 227-203-1121 https://edu.fcps.org/wfes/

38. Yellow Springs 227-203-1080 8717 Yellow Springs Road Frederick, MD 21702 Fax 227-203-1081 https://edu.fcps.org/yses/

MIDDLE

39. Ballenger Creek 227-203-2150

5525 Ballenger Creek Pike Frederick, MD 21703 Fax 227-203-2151 https://edu.fcps.org/bcms/

40. Brunswick 227-203-2200 301 Cummings Drive Brunswick, MD 21716 Fax 227-203-2201 https://edu.fcps.org/bms/

41. Crestwood 227-203-2250 7100 Foxcroft Drive Frederick, MD 21703 Fax 227-203-2251 https://edu.fcps.org/cms/

Section I – General Terms and Conditions Rev. 03.20.25

FREDERICK COUNTY PUBLIC SCHOOLS (FCPS)

GENERAL TERMS AND CONDITIONS

SECTION I

1. BIDDER REGISTRATION

a. All Frederick County Public School (FCPS) suppliers and or contractors interested in bidding on

FCPS projects must register on eMaryland Marketplace Advantage https://emma.maryland.gov

FCPS will no longer accept bidder’s applications.

b. Contractors are required to register with eMaryland Marketplace Advantage https://emma.maryland.gov within five days following notice of award. Maryland law requires local and state agencies to post award notices on eMaryland Marketplace Advantage. This cannot be done without the contractor’s self-registration in the system. Registration is free. Failure to comply with this requirement may be considered grounds for default. It is recommended that any interested bidder register with eMaryland Marketplace Advantage regardless of the award outcome for this procurement as it is a valuable resource for bid notification for municipalities through

Maryland.

2. PRE-PROPOSAL MEETING

a. A Pre-Proposal Meeting will be held at the date and time indicated on the cover page of this solicitation package.

b. Attendance at the Pre-Proposal Meeting is not mandatory; however, all suppliers are strongly encouraged to attend.

c. The agenda for this Pre-Proposal Meeting will include the following: introduction of staff;

description of scope of work; timeline/scheduling; budget priorities/concerns; and procurement responsibilities.

d. Questions shall be submitted via the Question & Answer section of OpenGov. Due to possible changes and/or additions to the specifications, bids should not be submitted prior to the Pre-

Proposal meeting.

e. If FCPS offices are closed, or operating on a modified schedule, due to inclement weather on the day a Pre-Proposal is scheduled, the Pre-Proposal is cancelled and will not be rescheduled unless an addendum is issued. For the fastest, most reliable information, regarding closures and/or delays check the following:

• www.fcps.org

• Social Media: FCPS on Twitter and FCPS on Facebook

• Email/Text Messages: Sign up for SchoolMessenger and emergency-only text

• FCPS TV: Comcast Channel 18 (Frederick area)

• Local radio and TV stations

3. PREPARATION OF PROPOSAL

a. Should any bidder be in doubt as to the meaning of the specifications, or should they find any https://emma.maryland.gov/ https://emma.maryland.gov/ http://www.fcps.org/ http://twitter.com/#!/FCPSMaryland http://www.facebook.com/FCPS-Maryland http://fcps.ezcommunicator.net/edu/frederick/login_form.aspx?app=0 discrepancy or omission, they shall notify the Contract Manager listed on the solicitation cover sheet. If required, bidders will be notified of clarifications and/or additional information by means of addendum.

b. Bidders, or their authorized representatives, are expected to fully inform themselves as to the conditions and requirements of the specifications before submitting proposals. Failure to do so will be at the bidder's own risk.

c. Bidder must submit their proposals online via OpenGov Procurement

(https://procurement.opengov.com/portal/fcps).

d. Each proposal shall show the full business address and contact information of the bidder and be signed by the person(s) legally authorized to sign contracts. All correspondence concerning the proposal and contract, including notice of award, copy of contract, and purchase order, will be emailed, or mailed, to the address shown on the bid in the absence of written instructions from the bidder to the contrary.

e. The following items must be included in submission:

i. Proposal pages completely and accurately filled out:

• All mathematical calculations verified.

• Corrections initialed.

ii. Signature Acknowledgement Form completed and signed.

iii. Statutory Affidavit and Non-Collusion Certification form completed and signed.

iv. Certificate of Compliance form completed and signed.

v. Conflict of Interest Form completed and signed.

vi. Proprietary Information Form completed and signed

vii. W-9 (This is the company information that will be entered in the FCPS supplier database).

viii. Certificate of Insurance (if applicable).

f. Bidders shall be required under Article 56, Section 270(4), Annotated Code of Maryland, to provide proof of Certificate of Registry and must be licensed to do business in the State of Maryland and must provide a tax certification number. Visit the following website to ensure compliance:

www.Egov.maryland.gov/BusinessExpress.

g. Proposals by partnerships must be signed with the partnership name, followed by the signature and designation of the person having authority to sign. When requested, satisfactory evidence of authority of the person signing will be furnished. Anyone signing the proposal as an agent shall file satisfactory evidence of their authority to do so, if requested.

h. Proposals by corporations must be signed with the name of the corporation, which must match the information on the submitted W-9, followed by the signature and designation of the person having authority to sign. When requested, satisfactory evidence of authority of the person signing will be furnished. Anyone signing the proposal as an agent shall file satisfactory evidence of their authority to do so, if requested.

i. Failure to sign the proposal document will result in rejection of the proposal as non-responsive.

j. FCPS will not be responsible for any costs incurred by a bidder in preparing and submitting a proposal in response to this solicitation.

https://procurement.opengov.com/portal/fcps http://www.egov.maryland.gov/BusinessExpress

k. If the bidder has made an error, the bidder may request, in writing, to have their proposal withdrawn. Approval of a bidder's request is not automatic and may be given only by the

Purchasing Manager. Requests for withdrawal are usually denied, unless the bidder proves to the satisfaction of the Purchasing Manager that the mistake was either a scrivener's error or another type of clearly unintentional error so departing from customary and reasonable business practices as to be obvious and to legitimately and substantially impair the supplier’s business.

4. PROPOSAL PRICING

a. Prices quoted shall not exceed the prices established under any governmental price control regulations.

b. All proposals submitted shall be irrevocable for a period of 90 days following the proposal due date, and FCPS has within that time period after due date to accept the proposal. FCPS reserves the right to reject any offer that specifies less than 90 days of acceptance time. Upon mutual agreement between FCPS and the contractor, the acceptance time may be extended. Proposals may not be withdrawn during this period.

c. FCPS retains the right, with mutual consent of the bidder(s), to utilize the proposal pricing and approved price changes for future purchases for as long as the bidder(s) mutually agrees to extend the prices.

d. If the contract includes equipment, all prices must be FOB-Destination (inside delivery), unless specifically authorized in Section II – FCPS Specific Terms and Conditions.

e. Charges for express delivery will only be allowed if authorized by FCPS in writing.

f. The bidder(s) are encouraged to bid only one product per line item that most nearly meets the specifications. If the bidder believes that there is more than one product available, a limit of two offers will be considered for each line item.

g. If two or more particular brands, models, or makes are listed in the specifications (under Base and

Alternate Bids) and the bidder has not indicated in the proposal which of the two or more brands, models, etc., is being bid, it shall be understood that FCPS may require the bidder to furnish whichever is preferred by FCPS.

h. All unit prices on items bid shall be completed on the provided proposal sheet(s). A “NO BID" or

“N/A” notation should be completed for each item not being bid. Blank spaces in the proposal sheet will be considered as not being bid.

i. In case of an error in the extension of prices in the proposal, the unit price shall govern.

j. Neither law nor regulations make allowance for errors either of omission or commission on the part of the bidders. In case of error in multiplication of unit price when arriving at total price per line item, the unit price shall govern. If there is a discrepancy between the price written in numbers and the price written in words, the words will govern.

k. Unit Prices must be rounded off to no more than two decimal places unless so specified in Section II

– FCPS Specific Terms and Conditions.

l. FCPS reserves the right to consider discounts in evaluating a proposal with line-item pricing requirements. The bidder should calculate all discounts, other than prompt payment, as part of their unit pricing.

5. TAXES

a. No charge will be allowed for federal excise, state, and/or municipal sales and use taxes, from which the Board of Education of Frederick County is exempt.

b. A contractor is not eligible, per the Maryland Comptroller’s Office, to utilize the tax exemption certificate for governmental agencies.

6. ADDENDUM

a. All changes to the solicitation will be made through appropriate addendum issued from the

Purchasing Department.

b. Addendum will be available on the FCPS Purchasing Department webpage. All suppliers who are known by the Purchasing Department to have downloaded the proposal documents will receive an email notification.

c. Addendum will be issued a minimum of four days prior to the proposal opening date, unless the addendum issued extends the due date. (verified with COMAR, which states addendums within a

“reasonable” time)

d. Each bidder shall ascertain, prior to submitting a proposal that they have received all addendum issued and the bidder shall acknowledge receipt on the Signature Acknowledgement Form. Failure of any bidder to acknowledge the receipt of addendum will not relieve that bidder from any obligations under this solicitation as amended by addendum. All addendum so issued will become a part of the award and contract documents.

7. RECEIPT OF PROPOSALS

a. Proposals are to be uploaded to OpenGov Procurement; the online sourcing website utilized by

FCPS. Submissions may be uploaded at any time prior to the proposal due date and time. Bidders may modify their submissions up until the proposal due date and time.

b. Proposals uploaded after the designated date and/or time will not be accepted. It is the responsibility of the supplier to ensure that submittals are uploaded on time.

c. In the event of inclement weather on the date when proposals are scheduled to be opened and the

FCPS offices are closed, or operating under a modified schedule, proposals will be opened on the next business day at the same time as previously scheduled. The proposal submission date will not change based on inclement weather, unless changed by an addendum. Often when schools are closed due to inclement weather, administrative offices remain open. When in doubt, refer to

Section 2(e) for closing and delays.

8. OPENING OF PROPOSALS

a. Sealed proposals will be publicly opened at the date and time indicated on the solicitation cover sheet.

b. All proposals received must be signed by a person legally authorized to sign the company into a contract. Proposals will be submitted on-line via OpenGov Procurement.

(https://secure.procurenow.com/portal/fcps).

c. Complete evaluation of the proposals will not take place at the opening and no indication of award will be made.

d. Final award recommendation, and the bid tabulation, will be posted on the FCPS webpage, www.fcps.org/bidlist.

9. STANDARD OF QUALITY, "OR EQUAL CLAUSES," AND SUBSTITUTIONS

a. Any make/model specified in the solicitation is used only to establish a quality level, unless specifically noted in Section II – FCPS Specific Terms and Conditions. Any material or article that will perform adequately the duties imposed by the general design will be considered equal and satisfactory. FCPS retains the right to determine if items are equivalent and will be accepted.

b. It will be the responsibility of the bidder to submit a clear and concise proposal wherein each substitution and deviation is identified and described, in writing, at the time of solicitation submission.

c. In the absence of any statement to the contrary by the bidder, the submission will be interpreted as being the exact brand and/or qualities, etc., enumerated in the detailed specifications, whenever the specifications indicate a product of a particular manufacturer, model or brand.

d. Bidders must submit detailed literature if bidding an item other than the specified item. Detailed literature is defined as product features or specifications relating to construction and/or performance.

e. The detailed literature is to be arranged and labeled according to item number referenced on the solicitation document.

f. It is the bidders’ responsibility to submit required literature, or links to webpages, with the submission. Failure to submit such data as required and/or at the time designated by the Purchasing

Department shall be cause for rejection of that item.

g. No substitutions or deviations will be permitted following the award of the contract unless "cause and effect" is presented in writing and approved by the Contract Manager. A statement of any credit or extra cost involved will be included with the request.

h. FCPS shall not be responsible to provide personnel, testing facilities, or other resources necessary to search out substitutions and deviations in proposals which are unclear through the nebulous terms such as "comparable", or blanket statements of deviation such as "our standard design, construction, hardware, finishes, etc."

i. The bidder will, upon request and with no cost to the FCPS, furnish documents, independent laboratory tests reports, and/or similar materials of proof to substantiate that the substitutions and deviations of the items they propose to furnish do not prevent these items from being truly and factually equal to, or exceeding, that which is specified.

https://secure.procurenow.com/portal/fcps http://www.fcps.org/bidlist

j. The cost of testing a representative sample of an order or shipment for acceptance and compliance with specifications shall be borne by FCPS. If the order or shipment is rejected for failure to meet the requirements of the specifications or purchase description, the cost of testing will be charged to the awarded suppliers.

10. SAMPLES

a. Samples will be requested for testing and evaluation purposes. Failure to submit samples as required at the time designated may be cause for rejection of that item.

b. All samples must be delivered with all charges prepaid to the designated point of delivery. Samples must be marked as “SAMPLE” and include the name of the bidder, proposal name and number, and return instructions, if applicable.

c. The right is reserved to retain any sample submitted with proposals for the purposes of examination and testing. FCPS reserves the right to use all samples in any manner which may best serve the final determination of the successful bidder, even if said examination and testing results in damage to or destruction of the sample.

d. FCPS retains the right to determine the method of testing to be utilized.

e. Samples that are not retained by FCPS must be removed within two weeks upon notification.

Return shipping must be prepaid by the suppliers. Samples not removed within this two-week period shall be retained, or disposed of, at the discretion FCPS, and without compensation to the bidder.

11. GUARANTEES AND WARRANTIES

a. The awarded supplier(s) will guarantee the material and workmanship on all services, equipment, materials, supplies, and labor, furnished by them, for a minimum period of one year from the date of acceptance, unless a longer period of time is specified in Section II – FCPS Specific Terms and

Conditions.

b. If, within the guarantee period, any defects or signs of deterioration are noted, the awarded supplier(s) at their expense, shall correct the condition or they shall replace the part or entire unit of work/equipment to the complete satisfaction of FCPS. These repairs, replacements, or adjustments shall be made only at such times as will be designated by FCPS to minimize the disruption to building/school operations.

c. Should the awarded supplier(s) fail to comply with the terms of this guarantee, FCPS may have such work performed as it deems necessary to fulfill the guarantee, charging the cost to the awarded supplier(s).

12. AWARDS OR REJECTION OF PROPOSALS

a. The basis of award shall be the lowest responsible bidder submitting a responsive bid that conforms to the specifications established in the solicitation with consideration given to the quantities involved, time required for delivery, purpose for which required, competency and responsibility of bidder, the ability of the bidder to perform satisfactory service, and the plan for utilization of minority contractors, if applicable.

b. FCPS reserves the right to determine completeness and/or timeliness of proposals, to reject any or all proposals in whole or in part, to make partial awards, to waive any informality in any quotation, to increase or decrease quantities if quantities are listed, to reject any proposals that shows any omissions, alterations of form, additions not called for, conditions, or alternate proposals, and to make any such award as is deemed to be in its best interest.

c. Bidders may be required, before the awarding of a contract, to show to the complete satisfaction of

FCPS, that they have the necessary facilities, ability and financial resources to execute the contract in a satisfactory manner, and within the time specified. Bidders may be required to demonstrate they have the necessary experience, history and references to assure FCPS of their qualifications.

d. Frederick County Public Schools reserves the right to award within 90 days from the date of the proposal opening unless a different time period is stated in the quotation document.

e. Unless stated otherwise in Section II – FCPS Specific Terms and Conditions, the contract may be awarded by line item, group, or in the aggregate, whichever is in the best interest of FCPS.

f. In the event of a tie, where all other factors, such as past performance, are considered comparable, the award shall be made to the Frederick County based bidder; the closest Maryland out-of-county based bidder; and the closest out-of-state based bidder, in that order of preference.

g. FCPS does not have local, state or federal preference requirements except when mandated by a targeted funding source.

h. If, after competitive sealed proposals have been opened, the Purchasing Manager determines that only one responsible bidder has submitted a responsive bid, the procurement contract may be negotiated with that one bidder as sole source procurement.

i. A recommendation for the award of a contract will be presented to the Purchasing Manager for approval. Upon approval of the award of contract, the bidder(s) shall be notified of their award(s).

If applicable, an FCPS contract document shall also be issued.

j. Frederick County Public Schools reserves the right to reject the proposal of a bidder who has, in the opinion of FCPS, failed to properly perform under previous contracts, or, who investigation shows, is not in a position to perform the contract.

k. Frederick County Public Schools retains the right to reject any and all proposals, if it is deemed in the best interest of FCPS to do so.

l. If, during the life of the contract, a product or service does not meet the solicitation terms and conditions, FCPS retains the right to cancel the awarded item(s) and award to a new bidder, as long as that bidder mutually agrees to the award.

13. CONTRACT FORMATION

a. Notification of contract award will be made by letter after approval by the Purchasing Manager.

b. The primary form of contract is the purchase order(s), and any agreed upon schedules, addendum, shop drawings, and documents associated with the solicitation/submission/award.

c. A secondary form of contract, if required, may be noted in Section II – FCPS Specific Terms and

Conditions, of this solicitation.

d. No amendment, modification or change to the contract shall be effective unless such change is in writing and mutually agreed upon by authorized representatives of FCPS and the awarded supplier(s). Changes may not significantly alter the original scope of the agreement.

14. PROTESTS

a. The Purchasing Manager shall attempt to resolve, informally, all protests of award recommendations. Bidders are encouraged to present their concerns promptly to the Contract

Manager for consideration.

i. The bidder must submit their concern, in writing, addressed to the Purchasing Manager. It should include the following:

• Name, address, contact information of the protestor;

• Statement of reasons for the protest;

• Supporting documentation to substantiate the claim;

• The remedy sought.

ii. The protest must be received by the Purchasing Manager within seven days after receipt of an award/non-award notification.

iii. A bidder who does not file a timely protest is deemed to have waived any objection.

b. The Purchasing Manager shall inform the Chief Financial Officer and/or general counsel upon receipt of the protest, and shall confer with them prior to the issuance of a decision regarding disputes of contracts or awards valued at $100,000 or below.

c. The Purchasing Manager shall issue a decision in writing.

d. Should the protestor disapprove of the Purchasing Manager’s decision, they have the right to address the Chief Financial Officer.

e. The Chief Financial Officer’s decision is deemed the final action at the local level.

15. CONTRACT DISPUTES

a. Any dispute arising under this contract shall be decided by the Contract Administrator, the Contract

Manager and the Purchasing Manager, who will communicate their decision to writing and furnish a copy to the supplier. This decision shall be final and conclusive unless, within 30 days, the supplier furnishes a written appeal addressed to the Chief Financial Officer.

b. The Chief Financial Officer will review the appeal for the determination of such appeal and their finding shall be final and conclusive. In connection with any appeal preceding under this clause, the supplier will be afforded an opportunity to be heard and to offer evidence in support of his appeal.

Pending final decision of a dispute, the supplier shall proceed diligently with the performance of the contract and in strict accordance with the FCPS staff’s decision. Exceptions are decisions determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as to imply bad faith, or not supported by evidence.

c. This clause does not preclude consideration of laws questioned in connection with the decision provided for above.

16. CONTRACT ASSIGNMENT

a. The awarded supplier(s) will not assign or transfer any portion of their interest or obligation under this Agreement to any third party, without the prior written consent of the Contract Manager.

Nothing herein shall be construed to create any personal or individual liability upon any employee, officer, elected official of the Board of Education of Frederick County, nor shall this Agreement be construed to create any rights hereunder in any person or entity other than the parties to this

Agreement.

b. The awarded supplier(s) will, when required, submit to the Contract Manager, in writing, the name of each subcontractor they intend to employ, the portion of the material to be furnished, their place of business, and any such information as may be required in order to know whether such subcontractor is reputable and reliable and able to furnish satisfactorily the material as called for in the specifications.

c. FCPS reserves the right to approve or disapprove all subcontractors to be employed on a project.

FCPS further reserves the right to approve or disapprove a change of subcontractor once an initial subcontractor has been approved. Any increased cost associated with the change of a subcontractor shall be the full obligation and responsibility of the awarded supplier(s).

d. The awarded supplier(s) will not legally, or equitably, assign any of the funds payable under the contract, or its claim thereto, unless by, and with, the consent of the Contract Manager.

e. The awarded supplier(s) will have the same provisions inserted in all subcontracts relative to the terms of the general conditions and other contract documents. Nothing contained in this contract shall create any contractual relations between any subcontractor and FCPS.

17. MULTI-YEAR CONTRACT

a. Contracts that require funding appropriation for more than one fiscal year automatically terminate if money sufficient for the continued performance is not appropriated for any fiscal year. The date of termination is the last day of the fiscal year for which money was last appropriated, or the date provided in the termination clause of the procurement contract, whichever is earlier.

b. If the multi-year contract is terminated due to lack of funding, FCPS shall reimburse the supplier for the reasonable value of any nonrecurring costs that were incurred as a result of the multi-year contract, but not amortized in the price of the supplies or services delivered under the multi-year contract. The reasonable value will be negotiated, and mutually agreed upon, by FCPS and the supplier

c. The cost of termination may be paid from any appropriation available for that purpose.

18. HOLD HARMLESS

It is understood that the awarded supplier shall defend and hold harmless the Board of Education of

Frederick County, and its representatives, from all suits, actions, or claims of any kind brought about as a result of any injuries or damages sustained by person(s) or property during the performance of this contract.

19. TERMINATION FOR DEFAULT

a. When an awarded supplier has not performed or has unsatisfactorily performed the contract, payment shall be withheld at the discretion of FCPS. FCPS may, by written notice of default to the supplier terminate the whole or any part of the contract in any of the following circumstances:

i. If the supplier fails to perform the services or provide the products within the time and manner specific herein or any extension thereof, or:

ii. If the supplier fails to perform any of the provisions of this contact, or fails to make progress as to endanger performance of this contract, in accordance with its terms and in either of these two circumstances does not cure such failure within a period of ten calendar days (or longer as authorized by the Purchasing Manager) after receipt of written notice from the Purchasing Manager of such failure, or:

iii. If the supplier willfully attempts to perform the services other than specified as to coverage, limits, protections, and quality or otherwise, without specified authorization in the form of contract amendment, or:

iv. If a determination is made by FCPS that the obtaining of the contract was influenced by an employee FCPS having received a gratuity, or a promise therefore, in any way or form.

b. In the event FCPS terminates the contract in whole or in part, FCPS may procure such products and services, in a manner the Purchasing Manager deems appropriate, and the supplier shall be liable to

FCPS for any additional cost(s) incurred.

c. If, after notice of termination of this contract under provisions of this clause, it is determined for any reason that the supplier was not in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to a termination for convenience.

20. TERMINATION FOR CONVENIENCE

The contract may be terminated by FCPS in accordance with this clause in whole, or in part, whenever

FCPS determines that such a termination is in the best interest of FCPS. Written notice shall be given a minimum of 30 days in advance. FCPS will pay for all services, in accordance with contract pricing, up to the date of the termination. However, the awarded supplier(s) shall not be reimbursed for any anticipatory profits that have not been earned up to the date of termination. Under this contract, the awarded supplier does not have a right to unilateral termination for convenience.

21. GOVERNING LAW AND VENUE

a. The supplier will comply with all Federal, State, and local laws, ordinances and regulations pertaining to work under their charge. If the supplier performs any work which it knows tor should know to be contrary to such laws, ordinance, and regulations and without such notices to FCPS they shall bear all costs arising therefrom.

b. All suppliers and subcontractors must abide by the Board of Education of Frederick County policies and FCPS regulations while working on school property.

c. The supplier certifies that their firm adheres to or follows non-discriminatory practices with respect to the employment and promotion of personnel without regard to color, creed, race, sex, or national origin.

d. The solicitation shall be construed in accordance with, and interpreted under, the laws of the State of Maryland. Any lawsuits shall be filed in the appropriate State Court located in Frederick County, Maryland.

22. MULTI-AGENCY PARTICIPATION

a. FCPS reserves the right to extend the terms and conditions of this solicitation to any and all other agencies within the state of Maryland, as well as, any other federal, state, municipal, county, or local governmental agency under the jurisdiction of the United States and its territories. This is conditioned upon mutual agreement of all parties pursuant to special requirements, which may be appended thereto. The awarded supplier(s) agrees to notify the issuing body of those entities that wish to use any contract resulting from this bid and will also provide usage information, which may be requested.

b. By agreeing to extend the contract to other agencies, the supplier(s) reaffirms and warrants his original commitment to FCPS so that afterwards all items and services shall continue to conform to the requirements and conditions of the original agreement for its duration. Agencies who utilize the contract agree to notify FCPS Purchasing Department of any significant experiences, problems or issues which may, or may have the potential to, affect our administration of this contract.

c. FCPS assumes no obligation on behalf of any other agency and shall be held harmless if either party is damaged due to the agency or supplier’s failure to become informed of, or comply with, any provision or pricing under this agreement. All purchase orders and billing will be transacted between the supplier and the public agency.

d. Each participating jurisdiction or agency shall enter into its own contract with the awarded supplier(s) and this contract shall be binding only upon the principals signing such an agreement.

Invoices shall be submitted in duplicate “directly” to the ordering jurisdiction for each unit purchased. Disputes over the execution of any contract shall be the responsibility of the participating jurisdiction or agency that entered into that contract. Disputes must be resolved solely between the participating agency and the awarded supplier(s). The Lead Agency does not assume any responsibility other than to obtain pricing for the specifications provided.

23. PACKAGING AND DELIVERY REQUIREMENTS

a. All materials must be securely packed in accordance with accepted trade practices.

b. A packing list will be included in each shipment. This list shall contain the following information:

Purchase Order Number, Supplier Name, Item Description, Item Number, Quantity and Delivery

Location. Failure to comply with this condition may be considered sufficient reason to refuse to accept the goods.

c. All materials, supplies and equipment for FCPS shall be delivered F.O.B Destination. Unless otherwise noted in Section II – FCPS Specific Terms and Conditions, all items shall be delivered inside the office, school, or warehouse.

d. Special delivery and handling instructions will be defined in Section II – FCPS Specific Terms and

Conditions, of each quotation.

e. All school deliveries shall be made during the hours of 9:00 A.M. and 2:00 P.M. local time and only on regular school days, see School Calendar Closings enclosed, except where modified in Section II

f. All warehouse deliveries shall be made during the hours of 9:00 A.M. to 2:30 P.M. on all regular scheduled school days, see School Calendar Closings enclosed, except where modified in Section II

g. Bulk materials, delivered to the Warehouse, are to be delivered on skids, or pallets, to the

Warehouse receiving platform.

h. No help for unloading will be provided. Suppliers shall notify their delivery personnel accordingly.

i. The awarded supplier(s) shall be held responsible for and shall be required to make good at their expense, any and all damage done or caused by their employees in the execution of the contract as determined by FCPS.

j. The supplier will be required to furnish proof of signed delivery in every instance. Delivery receipts indicating only the number and weight of cartons received will not constitute "proof" of delivery in the event of a dispute. FCPS will not accept responsibility for deliveries that have not been signed for by an FCPS employee.

24. BILLING AND PAYMENT

a. Invoices shall be submitted to: accounts.payable@FCPS.org or in duplicate to:

FREDERICK COUNTY PUBLIC SCHOOLS

Accounts Payable Department

191 South East Street

Frederick, MD 21701

b. Invoices and packing slips must contain the following information:

i. Bid/Quote Number

ii. Purchase Order Number

iii. Item Number (if applicable)

iv. Quantity (if applicable)

v. Brief Description of Item or Work Performed…