02- 26FQ9 Bid Package.pdf

Purchasing Department 191 South East Street Frederick, MD 21701 240-586-7503 phone 240-586-7501 fax

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

Kim Miskell, CPPO, CSBO, Assistant Purchasing Manager

Roy McHaffa, CPP, CPDW, Purchasing Agent

David Guzman, Purchasing Agent

BID NUMBER/NAME: 26FQ9, Hazardous & Regulated Waste Management Services

BID ISSUE DATE: March 20, 2026

BID CONTRACT MANAGER: David Guzman, Purchasing Agent, David.Guzman@fcps.org

BID CONTRACT ADMINISTRATOR: Bethany Irving, Environmental Compliance Specialist, bethany.irving@fcps.org

PRE-BID DATE: Friday, March 27, 2026 (Attendance is encouraged, but not mandatory.)

PRE-BID LOCATION:

QUESTIONS:

This meeting will be held virtually via Microsoft Teams. Teams joining link:

https://events.teams.microsoft.com/event/3bb85c88-1075-4478-82ff- 40db18946af1@be02c267-0ded-4c91-a8bf-4667962e95cb

Questions due no later than 4:00 P.M., local time, on Friday, April 3, 2026.

Submit questions in writing via OpenGov.

BONDS REQUIRED: YES

MBE REQUIREMENTS: NO

BID DUE: 11:00 A.M., local time, Thursday, April 9, 2026. Bids will be opened and publicly read on Microsoft Teams. Teams joining link:

https://events.teams.microsoft.com/event/84c9d38d-91f9-48be-aec2-bf2177348c73@be02c267-0ded-4c91-a8bf-4667962e95cb

SEALED BID DELIVERED TO: FCPS is accepting electronic bid submissions through OpenGov Procurement.

Bidders can create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup.

TENTATIVE AWARD DATE: BOE Work Session, scheduled on: Thursday, April 23, 2026

ELIGIBILITY TO BID: 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.

mailto:David.Guzman@fcps.org mailto:bethany.irving@fcps.org https://events.teams.microsoft.com/event/3bb85c88-1075-4478-82ff-40db18946af1@be02c267-0ded-4c91-a8bf-4667962e95cb https://events.teams.microsoft.com/event/3bb85c88-1075-4478-82ff-40db18946af1@be02c267-0ded-4c91-a8bf-4667962e95cb https://events.teams.microsoft.com/event/84c9d38d-91f9-48be-aec2-bf2177348c73@be02c267-0ded-4c91-a8bf-4667962e95cb https://events.teams.microsoft.com/event/84c9d38d-91f9-48be-aec2-bf2177348c73@be02c267-0ded-4c91-a8bf-4667962e95cb https://procurement.opengov.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

3/20

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

SPECIFIC TERMS AND CONDITIONS - SECTION II 41-51

Scope Contract Period Contract Terms Minimum Qualifications

Pricing Bids for All or Part American Steel Act Storage of Equipment Green Cleaning Supplies Damages/Responsibilities for Items Tendered Performance and Pay Bonds Open Enrollment Preparation of Proposal Evaluation Criteria and Award Vendor Performance Evaluation Contractor’s and Subcontractor’s Insurance Local Licensing of Trade Persons Inspection of Site Use of FCPS Services and Facilities

Protection of Work and Property Work Site Supervision

Inspections and Correction of Work Changes in Work Tariff Adjustments

TECHNICAL QUESTIONNAIRE 52-55

FORM OF PROPOSAL 56

SIGNATURE PAGE ACKNOWLEDGING PROPOSAL/ADDENDA 57

STATUTORY AFFIDAVIT AND NON-COLLUSION CERTIFICATION FORM 58-59

CERTIFICATION OF COMPLIANCE FORM 60-61

PROPRIETARY INFORMATION FORM 62

VENDOR CONFLICT OF INTEREST DISCLOSURE FORM 63

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

Ea st

St ree t

Parking Deck

City Police Station

. Text

Frederick County Public Schools 191 S. East Street

City Police Parking

Enter Here

August 2025

S M T W T F S

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September 2025

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November 2025

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December 2025

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January 2026

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February 2026

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March 2026

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April 2026

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June 2026

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July 2026

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Academic Calendar At-A-Glance

13-19 Teacher Preparation and Training

20 First day of School

Labor Day Schools and Offices Closed

Fair Day 3.5-hour Early Dismissal

Rosh Hashanah Schools Closed

26 2-hour Early Dismissal

2 2-hour Early Dismissal

22-31 Winter Break Schools Closed

24-25 Christmas Schools and Offices Closed

19 2-hour Early Dismissal

20 Schools Closed

Last day of School 2-hour Early Dismissal

Juneteenth Offices Closed

New Year’s Day Schools and Offices Closed

1-2 Winter Break Schools Closed

16 2-hour Early Dismissal

MLK Day Schools and Offices Closed

20 Schools Closed

3-10 Spring Break Schools Closed

Good Friday Schools and Offices Closed

Easter Monday Schools and Offices Closed

3 Offices Closed

4 Independence Day

Yom Kippur Schools Closed

13-14 4-hour Late Arrival

3.5-hour Early Dismissal

17 Schools Closed

28 Schools Closed

26-28 Thanksgiving Break Schools and Offices Closed

13 2-hour Early Dismissal

Presidents’ Day Schools and Offices Closed

1 2-hour Early Dismissal

Memorial Day Schools and Offices Closed

Eid al-Adha Schools Closed

# Beginning of term # End of term

# Late arrival#

Calendar Key # Schools Closed

# Early dismissal

Note: FCPS offers full-day Pre-K for 4-year-old students. They attend Mondays-Fridays and follow the K-5 schedule. FCPS also offers Pre-K for 3-year-old students. They attend half days on Mondays through

Thursdays. There is no half-day PreK on 4-hour late arrival and 3.5 early dismissal days when parent-teacher conferences are scheduled in October.

Directory of Schools Elementary Schools Ballenger Creek (BCES) 5250 Kingsbrook Drive Frederick, MD 21703

Phone: 227-203-1880 Fax: 227-203-1881 Website: bces.sites.fcps.org

Blue Heron (BHES) 7100 Eaglehead Drive Frederick, MD 21703

Phone: 227-203-1820 Fax: 227-203-1821 Website: bhes.sites.fcps.org

Brunswick (BES) 400 Central Avenue Brunswick, MD 21716

Phone: 227-203-1840 Fax: 227-203-1841 Website: bes.sites.fcps.org

Butterfly Ridge (BRES) 601 Contender Way Frederick, MD 21703

Phone: 227-203-1900 Fax: 227-203-1901 Website: bres.sites.fcps.org

Carroll Manor (CMES) 5624 Adamstown Road Adamstown, MD 21710

Phone: 227-203-1820 Fax: 227-203-1821 Website: cmes.sites.fcps.org

Centerville (CES) 3601 Carriage Hill Drive Frederick, MD 21704

Phone: 227-203-1780 Fax: 227-203-1781 Website: ces.sites.fcps.org

Deer Crossing (DCES) 10601 Finn Drive New Market, MD 21774

Phone: 227-203-1760 Fax: 227-203-1761 Website: dces.sites.fcps.org

Emmitsburg (EES) 300 South Seton Avenue Emmitsburg, MD 21727

Phone: 227-203-1720 Fax: 227-203-1721 Website: ees.sites.fcps.org

Glade (GES) 9525 Glade Road Walkersville, MD 21793

Phone: 227-203-1700 Fax: 227-203-1701 Website: ges.sites.fcps.org

Green Valley (GVES) 4551 Landsdale Parkway Monrovia, MD 21770

Phone: 227-203-1680 Fax: 227-203-1681 Website: gves.sites.fcps.org

Hillcrest (HES) 1285 Hillcrest Drive Frederick, MD 21703

Phone: 227-203-1660 Fax: 227-203-1661 Website: hes.sites.fcps.org

Orchard Grove (OGES) 5898 Hannover Drive Frederick, MD 21703

Phone: 227-203-1400 Fax: 227-203-1401 Website: oges.sites.fcps.org

Parkway (PES) 300 Carroll Parkway Frederick, MD 21701

Phone: 227-203-1380 Fax: 227-203-1381 Website: pes.sites.fcps.org

Spring Ridge (SRES) 9051 Ridgefield Drive Frederick, MD 21701

Phone: 227-203-1340 Fax: 227-203-1341 Website: sres.sites.fcps.org

Sugarloaf (SuES) 3400 Stone Barn Drive Frederick, MD 21704

Phone: 227-203-1320 Fax: 227-203-1321 Website: sues.sites.fcps.org

Thurmont (TES) (grades 3 to 5) 805 East Main Street Thurmont, MD 21788

Phone: 227-203-1300 Fax: 227-203-1301 Website: tes.sites.fcps.org

Thurmont Primary (TPS) (grades Pre-K to 2) 7989 Rocky Ridge Road Thurmont, MD 21788

Phone: 227-203-1280 Fax: 227-203-1281 Website: tps.sites.fcps.org

Tuscarora (TuES) 6321 Lambert Drive Frederick, MD 21703

Phone: 227-203-1260 Fax: 227-203-1261 Website: tues.sites.fcps.org

Twin Ridge (TRES) 1106 Leafy Hollow Circle Mount Airy, MD 21771

Phone: 227-203-1240 Fax: 227-203-1241 Website: tres.sites.fcps.org

Urbana (UES) 3554 Urbana Pike Frederick, MD 21704

Phone: 227-203-1220 Fax: 227-203-1221 Website: ues.sites.fcps.org

Valley (VES) 3519 Jefferson Pike Jefferson, MD 21755

Phone: 227-203-1200 Fax: 227-203-1201 Website: ves.sites.fcps.org

Walkersville (WES) 83 West Frederick Street Walkersville, MD 21793

Phone: 227-203-1180 Fax: 227-203-1181 Website: wes.sites.fcps.org

Waverley (WavES) 201 Waverley Drive Frederick, MD 21702

Phone: 227-203-1160 Fax: 227-203-1161 Website: waves.sites.fcps.org

Urbana (UMS) 3511 Pontius Court Ijamsville, MD 21754

Phone: 227-203-2600 Fax: 227-203-2601 Website: ums.sites.fcps.org

Walkersville (WMS) 55 West Frederick Street Walkersville, MD 21793

Phone: 227-203-2650 Fax: 227-203-2651 Website: wms.sites.fcps.org

West Frederick (WFMS) 515 West Patrick Street Frederick, MD 21701

Phone: 227-203-2700 Fax: 227-203-2701 Website: wfms.sites.fcps.org

Windsor Knolls (WKMS) 11150 Windsor Road Ijamsville, MD 21754

Phone: 227-203-2750 Fax: 227-203-2751 Website: wkms.sites.fcps.org

High Schools Brunswick (BHS) 101 Cummings Drive Brunswick, MD 21716

Phone: 227-203-3200 Fax: 227-203-3201 Website: bhs.sites.fcps.org

Catoctin (CHS) 14745 Sabillasville Road Thurmont, MD 21788

Phone: 227-203-3150 Fax: 227-203-3151 Website: chs.sites.fcps.org

Frederick (FHS) 650 Carroll Parkway Frederick, MD 21701

Phone: 227-203-3300 Fax: 227-203-3301 Website: fhs.sites.fcps.org

Governor Thomas Johnson (GTJHS) 1501 North Market Street Frederick, MD 21701

Phone: 227-203-3450 Fax: 227-203-3451 Website: gtjhs.sites.fcps.org

Linganore (LHS) 12013 Old Annapolis Road Frederick, MD 21701

Phone: 227-203-3500 Fax: 227-203-3501 Website: lhs.sites.fcps.org

Middletown (MHS) 200 Schoolhouse Drive Middletown, MD 21769

Phone: 227-203-3600 Fax: 227-203-3601 Website: mhs.sites.fcps.org

Oakdale (OHS) 5850 Eaglehead Drive Ijamsville, MD 21754

Phone: 227-203-3400 Fax: 227-203-3401 Website: ohs.sites.fcps.org

Tuscarora (THS) 5312 Ballenger Creek Pike Frederick, MD 21703

Phone: 227-203-3100 Fax: 227-203-3101 Website: ths.sites.fcps.org

Specialized Schools & Programs Career and Technology Center (CTC) 7922 Opossumtown Pike Frederick, MD 21702

Phone: 227-203-3650 Fax: 227-203-3651 Website: ctc.sites.fcps.org

Carroll Creek Montessori Public Charter School 7215 Corporate Court Frederick, MD 21703

Phone: 227-203-3820 Fax: 227-203-3821 Website: www.carrollcreekmontessori.org

Earth & Space Science Lab (ESSL) 210 Madison Street Frederick, MD 21701

Phone: 227-203-1742 Website: essl.sites.fcps.org

Frederick County Virtual School (FCVS) 57 West Frederick Street Walkersville, MD 21793

Phone: 227-203-3780 Fax: 227-203-3781 Website: fcvs.sites.fcps.org

Frederick County Middle School Remote Virtual Program 57 West Frederick Street Walkersville, MD 21793

Phone: 227-203-2980 Fax: 227-203-2981 Website: emsrvp.sites.fcps.org

Frederick Classical Charter School 8445 Spires Way, Suite CC Frederick, MD 21701

Phone: 227-203-3840 Fax: 227-203-3841 Website: www.frederickclassicalcharterschool.org

Heather Ridge School 1445 Taney Avenue Frederick, MD 21702

Phone: 227-203-3880 Fax: 227-203-3881 Website: hrs.sites.fcps.org

Monocacy Valley Montessori Public Charter School 64 Thomas Johnson Drive Frederick, MD 21702

Phone: 227-203-3860 Fax: 227-203-3861 Website: www.mvmpcs.org

Outdoor School 7630 Hayward Road Frederick, MD 21702

Phone: 227-236-4787 Website: sites.google.com/fcps.org/outdoorschool

Rock Creek School (RCS) 55B West Frederick Street Walkersville, MD 21793

Phone: 227-203-3900 Fax: 227-203-3901 Website: rcs.sites.fcps.org

Sabillasville Environmental School 16210-B Sabillasville Road Sabillasville, MD 21780

Phone: 227-203-1360 Fax: 227-203-1361 Website: www.sesclassical.org

28 12

47 46

71 66

Frederick New Market

Libertytown

Mount Pleasant

Braddock Heights

Rocky Ridge

Urbana

Monrovia

Ijamsville

Point of Rocks

Buckeystown

Lewistown

Mount Airy

Walkersville

Woodsboro

Thurmont

Emmitsburg

Myersville

Middletown

Burkittsville

Brunswick 270

ALT

65 73

Map Key Elementary Schools

Middle Schools

High Schools

Specialized Schools & Programs

Kemptown (KES) 3456 Kemptown Church Road Monrovia, MD 21770

Phone: 227-203-1640 Fax: 227-203-1641 Website: kes.sites.fcps.org

Lewistown (LES) 11119 Hessong Bridge Road Thurmont, MD 21788

Phone: 227-203-1620 Fax: 227-203-1621 Website: les.sites.fcps.org

Liberty (LibES) 11820 Liberty Road Frederick, MD 21701

Phone: 227-203-1600 Fax: 227-203-1601 Website: libes.sites.fcps.org

Lincoln (LinES) 200 Madison Street Frederick, MD 21701

Phone: 227-203-1580 Fax: 227-203-1581 Website: lnes.sites.fcps.org

Middletown (MiES) (grades 3 to 5) 201 East Green Street Middletown, MD 21769

Phone: 227-203-1560 Fax: 227-203-1561 Website: mies.sites.fcps.org

Middletown Primary (MPS) (grades Pre-K to 2) 403 Franklin Street Middletown, MD 21769

Phone: 227-203-1540 Fax: 227-203-1541 Website: mps.sites.fcps.org

Monocacy (MoES) 7421 Hayward Road Frederick, MD 21702

Phone: 227-203-1520 Fax: 227-203-1521 Website: moes.sites.fcps.org

Myersville (MyES) 429 Main Street Myersville, MD 21773

Phone: 227-203-1500 Fax: 227-203-1501 Website: myes.sites.fcps.org

New Market (NMES) 93 West Main Street New Market, MD 21774

Phone: 227-203-1460 Fax: 227-203-1461 Website: nmes.sites.fcps.org

New Midway/Woodsboro (WoES) New Midway (grades 3 to 5) 12226 Woodsboro Pike Keymar, MD 21757

Phone: 227-203-1440 Fax: 227-203-1441

Woodsboro (grades pre-K to 2) 101 Liberty Road Woodsboro, MD 21798

Phone: 227-203-1100 Fax: 227-203-1101 Website: woes.sites.fcps.org

North Frederick (NFES) 1010 Fairview Avenue Frederick, MD 21701

Phone: 227-203-1480 Fax: 227-203-1481 Website: nfes.sites.fcps.org

Oakdale (OES) 5830 Oakdale School Road Ijamsville, MD 21754

Phone: 227-203-1420 Fax: 227-203-1421 Website: oes.sites.fcps.org

Whittier (WhES) 2400 Whittier Drive Frederick, MD 21702

Phone: 227-203-1140 Fax: 227-203-1141 Website: whes.sites.fcps.org

Wolfsville (WfES) 12520 Wolfsville Road Myersville, MD 21773

Phone: 227-203-1120 Fax: 227-203-1121 Website: wfes.sites.fcps.org

Yellow Spring (YSES) 8717 Yellow Springs Road Frederick, MD 21702

Phone: 227-203-1080 Fax: 227-203-1081 Website: yses.sites.fcps.org

Middle Schools Ballenger Creek (BCMS) 5525 Ballenger Creek Pike Frederick, MD 21703

Phone: 227-203-2150 Fax: 227-203-2151 Website: bcms.sites.fcps.org

Brunswick (BMS) 301 Cummings Drive Brunswick, MD 21716

Phone: 227-203-2200 Fax: 227-203-2201 Website: bms.sites.fcps.org

Crestwood (CMS) 7100 Foxcroft Drive Frederick, MD 21703

Phone: 227-203-2250 Fax: 227-203-2251 Website: cms.sites.fcps.org

Governor Thomas Johnson (GTJMS) 1799 Schifferstadt Boulevard Frederick, MD 21701

Phone: 227-203-2550 Fax: 227-203-2551 Website: gtjms.sites.fcps.org

Middletown (MMS) 100 Martha Mason Street Middletown, MD 21769

Phone: 227-203-2300 Fax: 227-203-2301 Website: mms.sites.fcps.org

Monocacy (MoMS) 8009 Opossumtown Pike Frederick, MD 21702

Phone: 227-203-2350 Fax: 227-203-2351 Website: moms.sites.fcps.org

New Market (NMMS) 125 West Main Street New Market, MD 21774

Phone: 227-203-2400 Fax: 227-203-2401 Website: nmms.sites.fcps.org

Oakdale (OMS) 5810 Oakdale School Road Ijamsville, MD 21754

Phone: 227-203-2450 Fax: 227-203-2451 Website: oms.sites.fcps.org

Thurmont (TMS) 408 East Main Street Thurmont, MD 21788

Phone: 227-203-2500 Fax: 227-203-2501 Website: tms.sites.fcps.org

Urbana (UHS) 3471 Campus Drive Ijamsville, MD 21754

Phone: 227-203-3550 Fax: 227-203-3551 Website: uhs.sites.fcps.org

Walkersville (WHS) 81 West Frederick Street Walkersville, MD 21793

Phone: 227-203-3350 Fax: 227-203-3351 Website: whs.sites.fcps.org

Success Academy 250 Madison Street Frederick, MD 21701

Phone: 227-203-3920 Website: fcps.org/success-program

Directory Key General education 4-year-old full-day Pre-K

Inclusive program 3-year-old half-day Pre-K

Inclusive program 4-year-old half-day Pre-K

Self-contained special education full-day pre-K

STAR schools

Judy Center schools

Section I – General Terms and Conditions Rev. 11.25.25

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

3/20 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.

3/20 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

FCPS may terminate this Contract, in whole or in part, for convenience and without cause, by providing written notice to the Contractor. Upon receipt of such notice, the Contractor shall immediately stop work on the terminated portion of the Contract and take all reasonable steps to minimize costs.

The Contractor shall be paid for:

a. Work performed and accepted before the effective date of termination; and

b. The reasonable, documented cost of materials, components, or work-in-process acquired or produced specifically for this Contract prior to receipt of the termination notice, to the extent such items cannot be reasonably diverted to other orders or returned to suppliers; and

c. Reasonable termination-related costs, as allowed under Maryland law.

d. No payment shall be made for anticipated profits, lost opportunities, or work not performed. Any dispute regarding the termination settlement shall be resolved under the Contract’s dispute resolution procedures. Work not terminated shall continue in accordance with the Contract.

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…