1-IFB 99829-261 Final.pdf

INVITATION FOR BID

99829-261

CONDITIONS AND SPECIFICATIONS

for

COMPUTER AND PERIPHERAL RECYCLING

Purchasing Department Wicomico County Public Schools purchasing@mywcps.org mailto:purchasing@mywcps.org

IFB 99829-261 COMPUTER AND PERIPHERAL RECYCLABLES TOC -1

TABLE OF CONTENTS

BID DOCUMENTS: The Bid Documents consist of the following:

00030 – Notice to Bidders

00090 – Instruction to Bidders

00100 – General Conditions

00110 – Supplementary Conditions

00200 – Scope of Work

00300 – Bid Form

00330 – Bid Affidavit

Exhibit A – Reference Form

IFB 99829-261 Computer and Peripheral Recycling 00030-1

Rick Konrad Purchasing Manager

410-677-4571 rkonrad@mywcps.org

Business Support Services

NOTICE TO BIDDERS

The Wicomico County Board of Education herein referred to as Wicomico County Public Schools (WCPS) will receive sealed Bids for INVITATION FOR BID 99829-261 for Computer and Peripheral Recycling on, by September 24, 2025, at 2:00 PM EST.

Brief Description of Work: Work consists of the purchase of any and all used computer and peripheral equipment located at various locations on date of scheduled removal. Removals typically occur in April/May and October/November.

The equipment for removal will already be binned on pallets – the equipment will not separated by type. The Contractor shall provide the bins. The contractor shall ensure that all recovered equipment is recycled or properly disposed of in accordance with ISO 14001:2015 or other WCPS approved standard.

Bids are to be delivered via Euna/Bonfire Procurement Portal at https://wicomicoschools.bonfirehub.com/portal/?tab=openOpportunities.

Vendors must register on the Euna/Bonfire site at https://vendor.bonfirehub.com/sign-up.

No Bidder may withdraw their Bid within ninety (90) days after the date and time of IFB opening.

WCPS may extend the time and place for the opening of Bids by notification via addendum published on the Procurement Portal.

WCPS reserves the right to reject any or all Bids and waive formalities, informalities, and technicalities therein. The WCPS reserves the right to contact a Respondent for clarifications and may, at its sole discretion, allow a Respondent to correct any and all formalities, informalities, and technicalities in the best interest of the WCPS.

WCPS reserves the right to utilize existing WCPS or cooperative contracts in the best interest of the WCPS.

Certified Minority Business Enterprises (MBE) are encouraged to respond to this solicitation notice.

Rick D Konrad, CPPO, NIGP-CPP Procurement Manager purchasing@mywcps.org https://www.iso.org/standard/60857.html https://wicomicoschools.bonfirehub.com/portal/?tab=openOpportunities https://vendor.bonfirehub.com/sign-up

99829-261 COMPUTER AND PERIPHERAL RECYCLING 00090-1

INSTRUCTIONS TO BIDDERS

1. CLARIFICATIONS: If any person who contemplates submitting an offer is in doubt as to the true meaning of any part of the Terms and Conditions, Bid Documents, and/or Invitation For Bid (IFB), they may submit a written request for an interpretation thereof, delivered to purchasing@mywcps.org with a cc to diharrison@mywcps.org no fewer than seven (7) working days prior to the time and date the offers are due.

Answers will be provided within three (3) working days of the solicitation deadline.

WCPS will not be responsible for any other interpretations or explanations of the Specifications that are not provided in writing via addendum.

2. EXCEPTIONS: It shall be the responsibility of the Contractor to include with their Bid a list and clarification of any deviations from or qualifications of the Terms and Conditions and Specifications. The list must be attached to the Bid Form - Price.

Failure to provide a list of exceptions may result in the withdrawal of the award.

3. INTERPRETATION OF THE TERM "EQUAL": The Board of Education of Wicomico County (WCPS) reserves the right to evaluate the quality of articles offered as alternate or equal, and reserves the right to reject any or all articles judged not equal.

4. DETERMINATION OF GRADE OR QUALITY: WCPS reserves the right to award an item to other than the lowest Bid if, in its judgment, there is sufficient reason to believe that another item is a better grade, quality or that it will better serve the interests of the WCPS, whether based on product samples, objective test, subjective test, or experience.

5. EVALUATION OF BIDS: The Procurement Manager may request additional documentation during the evaluation of Bids. This additional information may include, but is not limited to, the following:

A. Schedule of Values.

B. List of sub-contractors.

C. Evidence of licensing of the Prime contractor and sub-contractors; and/or D. Evidence of insurance, bonding.

6. BID SUBMISSIONS: All Bids must include the Bid Form included in the Bid

Documents signed by an officer capable of committing the offeror to contractual relationships. Any Bid may be withdrawn prior to the Bid’s due date and time;

however, all Bids are considered final after the date and time for receipt of Bids. Final Bids may not be altered, withdrawn, or canceled, for a period of 60 days after the time and date designated for receipt of Bids. Bids must be delivered to the Purchasing Department via the submission portal mentioned in the Notice to Bidders.

Bid submissions WILL NOT be accepted through eMaryland Marketplace, fax, email, or regular mail.

7. ANTI-COLLUSION: By signing the Bid Forms, the Bidder understands that, in accordance with the Annotated Code of Maryland Finance and Procurement Article 11-205; a person who, for the purpose of defrauding the WCPS, acts in collusion mailto:diharrison@mywcps.org

99829-261 COMPUTER AND PERIPHERAL RECYCLING 00090-2

with another person in connection with the procurement process is liable for damages.

8. ANTI-BRIBERY/DEBARMENT: This procurement is subject to the Annotated Code of Maryland Finance and Procurement Article 16 concerning Debarment of Contractors. By signing this Form of Bid, the offeror agrees that they understand and are in compliance with Article 16.

9. POLITICAL CONTRIBUTION DISCLOSURE: Election Law Article, §§14-101—14- 108, Annotated Code of Maryland, requires that every person that enters into contracts, leases, or other agreements with the State of Maryland, including its agencies or a political subdivision of the State, during a calendar year in which the person receives in the aggregate $100,000 or more shall file with the State Board of Elections a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election.

10. ASBESTOS CONTAINING BUILDING MATERIALS: By submitting a Bid for this project, the Contractor agrees that no asbestos containing building materials will be used in this project by any contractor, sub-contractor, or sub-sub-contractor.

11. TOBACCO-FREE SCHOOLS POLICY: All contractors, sub- contractors, and sub-sub-contractors must comply with the WCPS's tobacco-free schools policy "ADC". The policy states that "the sale or use of tobacco in any form is prohibited in all buildings and all outside seating areas owned or leased by the Board of Education of Wicomico County, at all times (24 hours a day, every day), regardless of whether or not students are present." The policy also states that "the use of tobacco in any form is prohibited on school grounds during the official school day (7 a.m. to 5 p.m.)."

Any contractors, sub-contractors, or sub-sub-contractors "which do not enforce this tobacco-free policy may be ... declared in default of their contract."

12. CHILD SEX OFFENDER NOTIFICATION: Maryland law requires certain child sex offenders to register with the local law enforcement agency. One of the purposes of this law, found in Article 17.792, is to inform school systems when a child sex offender is residing or working in the area. When the child sex offender registers, the local police are required to notify the Superintendent of Schools, and the Superintendent, in turn, is required to send a notice to school principals.

As a Contractor working for WCPS, we require that you do not employ convicted child sex offenders to work on projects for our school system if they, as a result, are required to perform delivery, installation, repair, construction or any other kind of services on WCPS property.

13. CRIMINAL BACKGROUND CHECK AND WORKER ASSIGNMENT:

A. Effective July 1, 2015, amendments to 6-113 of the Education Article of the

Maryland Code further require that a contractor or subcontractor for a local school system may not knowingly assign an employee to work on school premises with direct, unsupervised, and uncontrolled access to children, if the employee has been convicted of, or pled guilty or nolo contendere to, a crime involving:

99829-261 COMPUTER AND PERIPHERAL RECYCLING 00090-3

1) A sexual offense in the third or fourth degree under 3-307 or 3-308 of the

Criminal Law Article of the Maryland Code or an offense under the laws of another state that would constitute an offense under 3-307 or 3-308 of the Criminal Law Article if committed in Maryland.

2) Child sexual abuse under 3-602 of the Criminal Law Article, or an offense under the laws of another state that would constitute child sexual abuse under 3-602 of the Criminal Law Article if committed in Maryland; or

3) A crime of violence as defined in 14-101 of the Criminal Law Article, or an offense under the laws of another state that would be a violation of 14-101 of the Criminal Law Article if committed Maryland, including: (1) abduction; (2) arson in the first degree; (3) kidnapping; (4) manslaughter, except involuntary manslaughter; (5) mayhem; (6) maiming; (7) murder; (8) rape; (9) robbery;

(10) carjacking; (11) armed carjacking; (12) sexual offense in the first degree;

(13) sexual offense in the second degree; (14) use of a handgun in the commission of a felony or other crime of violence; (15) child abuse in the first degree; (16) sexual abuse of a minor; (17) an attempt to commit any of the crimes described in items (1) through (16) of this list; (18) continuing course of conduct with a child under 3-315 of the Criminal Law Article; (19) assault in the first degree; (20) assault with intent to murder; (21) assault with intent to rape; (22) assault with intent to rob; (23) assault with intent to commit a sexual offense in the first degree; and (24) assault with intent to commit a sexual offense in the second degree.

B. Also, effective July 1, 2015, amendments to 5-561 of the Family Law Article of the Maryland Code mandate that each contractor and subcontractor shall require that any individual in its workforce must undergo a criminal background check if the individuals have direct unsupervised, and uncontrolled access to children.

14. BID AFFIDAVIT: In accordance with the State Procurement Regulation Mandatory

Written Solicitation Requirements, CoMar 21.505.08.07, this Bid requires a signed Bid Affidavit. This affidavit is attached to the Form of Bid. Submissions without this document may be considered non-responsive.

15. TAXES:

A. Nothing in these Terms and Conditions and Specifications shall be construed as relieving the Contractor of their responsibility in paying all applicable taxes.

B. Sales of materials used to improve the realty of government entities are taxable.

The Maryland Sales and Use Tax Exemption Certificate of the Wicomico County Board of Education should not be used by contractors performing such work.

16. MATERIALS:

A. Unless explicitly stated otherwise, all specified equipment and material comprising the work of this Contract, as being provided, furnished, or installed, shall imply the inclusion of all components, hardware, and accessories, required for complete installation and satisfactory operation as intended by the

99829-261 COMPUTER AND PERIPHERAL RECYCLING 00090-4

manufacturer. Wherever the method installation of any material is not explicitly specified, the installation shall be as recommended by the manufacturer.

B. Wherever in the Contract Documents it is provided that the Contractor shall furnish materials or equipment for which no detailed specifications are set forth, such materials or equipment shall be new and of the best grade for the respective purpose for which they will be used when incorporated in the work. Materials specified by reference to a number or symbol of a specific standard, such as A.S.M., Federal Specification, State Standard, Trade Association, or similar standards, shall comply with requirements in the latest revision thereof and any amendment or supplement in effect on the date of Bid opening.

C. None of the materials to be provided, furnished or installed on this project shall contain asbestos or any other "hazardous substance" as that term is defined by Federal or State law.

17. NONDISCRIMINATION:

A. NONDISCRIMINATION CLAUSE: In accordance with the Annotated Code of

Maryland, State Finance and Procurement Article 13-219, discrimination on the basis of sex, race, age, color, creed, or national origin is prohibited under the terms of this contract by any contractor, sub-contractor, or sub-sub-contractor.

B. Contractors and sub-contractors are required to include similar notification in all sub-contracts for other than standard commercial supplies or raw materials and are required to post notice of this provision so that the notice will be available to the Contractor's and/or sub- contractor's employees and applicants.

18. MINORITY BUSINESS ENTERPRISE PROCEDURES:

A. The Wicomico County Public Schools encourages all qualified Minority Business

Enterprises (MBE) to apply for certification with the Maryland Department of Transportation (MDOT).

B. All qualified MDOT Certified MBE’s are encouraged to respond to this solicitation notice.

C. WCPS encourages prime contractors submitting an offer to this IFB to develop a plan to utilize qualified MDOT certified MBE’s as sub-contractors.

END INSTRUCTIONS TO BIDDERS

99829-261 COMPUTER AND PERIPHERAL RECYCLING 00100 - 1

GENERAL CONDITIONS

TABLE OF CONTENTS

1. DEFINITIONS

2. CONTRACT DOCUMENTS

3. USE OF WCPS FACILITIES

4. SUBCONTRACTORS

5. GOVERNING LAW AND VENUE

6. CLAIMS AND DISPUTES

7. INSURANCE

8. CODES AND REGULATIONS

9. SAFETY AND FIRE PREVENTION

10. TIME

11. RIGHT TO TERMINATE THE CONTRACT

12. COORDINATION WITH OTHER CONTRACTS

13. PAYMENTS

14. MODIFICATIONS OF CONTRACT

15. HOLD HARMLESS

16. CONTRACTOR’S GUARANTEE

17. DAMAGE

18. CLEANUP

99829-261 COMPUTER AND PERIPHERAL RECYCLING 00100 - 2

1. DEFINITIONS:

Addendum: Written change or revision to the BID Documents issued to the prospective Bidders prior to the time of receiving Bids.

Alternate: The sum to be added to, or deducted from, the Base Bid if the change in scope of work as described in Alternates is accepted by WCPS.

WCPS: Wicomico County WCPS of Education / Wicomico County Public Schools also WCBE and WCPS.

Furnish: Purchase and deliver to site of installation.

Holidays: The following holidays are recognized for holiday pay rates

New Years Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day

Install: Fix in place, for materials; and fix in place and connect, for equipment.

Owner: WCPS, authorized employees, and authorized representatives.

Secure: Obtain.

2. CONTRACT DOCUMENTS:

A. The BID Documents as modified by any addenda and the Bid submission shall become the Contract Documents upon award by WCPS.

B. The Contract Documents shall include:

1. Original BID, Addenda(s), and Exhibits.

2. The completed Technical Bid Form [if applicable] and the Bid Form Pricing

Sheets.

3. Bidder's Questionnaire(s) [if applicable].

4. Any completed Bond and Insurance forms [if applicable].

5. And any additional information required with the Bid Form.

6. Any modification amending or extending the work shall be proposed and accepted in writing and shall be as binding as if originally included in the Contract Documents.

C. The Contract Documents are complimentary, and anything required by one shall be as binding as if required by all.

In case of conflicts within the Contract Documents, the order of precedence of interpretation shall be:

99829-261 COMPUTER AND PERIPHERAL RECYCLING 00100 - 3

1. Original BID, Addenda(s), and Exhibits.

2. The completed Technical Bid Form and the Bid Form Pricing Sheets.

3. Any modification amending or extending the work.

D. Should any discrepancy appear, or any misunderstanding arise as to the importance of anything contained in the specifications or plans, the matter shall be referred to the Project Manager. Suitable instructions will be given or corrections made when any such error or omission is discovered.

3. USE OF WCPS FACILITIES:

A. The Contractor, sub-contractor, and sub-sub-contractor shall confine their operation to those areas permitted and authorized by the Project Manager. The use of WCPS's facilities (toilets, restrooms, lunchrooms, dumpsters, etc.) and utilities are strictly prohibited unless previously authorized and approved by the Project Manager.

B. The Contractor, sub-contractor, sub-sub-contractor may park only in those areas designated by the Project Manager.

4. SUBCONTRACTORS:

A. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and WCPS. WCPS shall be deemed to be the third-party beneficiary of the contract between the contractor and the subcontractor. If the Contractor does not specify a Subcontractor for any portion of the work to be performed under this Contract, he agrees to perform that portion of the work with their own forces.

B. The Contractor shall not substitute any other person or firm as a Subcontractor, other than those listed in the Bid submitted by them, without the written approval of WCPS. WCPS reserves the right of approval of all subcontractors proposed for use on this work, and to this end, may require financial, performance and additional information as is needed to secure this approval.

C. The Contractor shall insert appropriate provisions in all subcontracts pertaining to work on this Contract requiring the Subcontractors to be bound by all applicable terms of the Contract Documents.

The Contractor shall be as fully responsible for the acts and omissions of their Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by them.

5. GOVERNING LAW AND VENUE:

The Contract shall be construed in accordance with, and interpreted under, the Laws of the State of Maryland. Any lawsuit arising out of such Contract shall be filed in the appropriate State Court of competent jurisdiction located in Wicomico County, Maryland.

99829-261 COMPUTER AND PERIPHERAL RECYCLING 00100 - 4

6. CLAIM AND DISPUTES:

A. The Owner shall in no way be obligated to enter into mediation proceedings with a Contractor for any purpose whatsoever. The Owner will reserve unto itself the right to determine what form of litigation, and its locations are appropriate at the time the dispute arises.

B. The Owner shall in no way be obligated to enter into arbitration proceedings with a Contractor for any purpose whatsoever. The Owner will reserve unto itself the right to determine what form of litigation, and its locations are appropriate at the time the dispute arises.

7. INSURANCE

A. The Contractor shall not commence work under this contract until they have obtained all insurance required under this Article and such insurance has been approved by the Owner.

The Contractor shall provide to the Procurement Division a Certificate of Insurance with their submission indicating the coverages below prior to the start of any work and agrees to maintain such insurance until the completion of the contract. The minimum insurance coverages shall be:

B. Workmen's Compensation: The Contractor shall maintain throughout the life of the contract statutory Workers' Compensation, including Maryland benefits and employer's liability with limits of $100,000/$100,000/$500,000 for all of the Contractor's and any sub-contractor's employees who will be engaged in the work at the sites of the project.

C. Commercial General Liability: The Contractor shall establish and maintain throughout the life of the contract Commercial General Liability Insurance - $2,000,000 each occurrence/general aggregate covering all premises and operations and including Personal Injury, Completed Operations, Contractual Liability and where applicable to the project as determined by the Purchasing Agent, Products and Independent Contractors. The general aggregate limit is to apply per project; and

D. Business Automobile Liability: $2,000,000 Combined Single Limit (Owned, non-owned and hired).

E. WCPS requires forty-five (45) day notice, in writing, of cancellation, non-renewal or change in insurance coverage affecting this project. This written notice shall be furnished by the Contractor's insurance carrier(s) or insurance agent(s) to WCPS's Purchasing Division.

F. All Bidders should have a current Certificate of Insurance (ACORD certificates) included with the submission. Failure to provide the ACORD certificate may result in the Bidder's offer being considered non-responsive.

99829-261 COMPUTER AND PERIPHERAL RECYCLING 00100 - 5

The Certificate of Insurance [Acord Form] shall be provided in the Bid submission with the Bid Form – Pricing file. Wicomico County Public Schools shall be named as an additional insured, including its elected or appointed officials, agents and employees. Coverage must be primary with respect to WCPS, its agents and employees.

8. CODES AND REGULATIONS:

A. The Contractor shall be knowledgeable of and comply with all codes, ordinances, regulations or orders of properly constituted authority having jurisdiction over the services provided under this Contract.

B. All services and materials shall be in full accordance with the latest rules and regulations and other applicable State laws or regulations.

9. SAFETY AND FIRE PREVENTION:

A. OCCUPATIONAL SAFETY AND HEALTH ACTS: Contractor(s) whom perform any services under this contract shall fully comply with the provisions of the Federal Occupational Safety and Health Act of 1970 and any amendments thereto and regulations pursuant to the act, and also to the Maryland Occupational Safety and Health Act, Article 89, Sections 28 to 49A inclusive, Annotated Code of Maryland, as amended by Chapter 59, Laws of Maryland 1973 and any regulations pursuant thereto.

B. The Contractor shall take thorough precautions at all times for the protection of persons and property and shall be liable for all damages to persons or property, either on or off the site, which occur as a result of their prosecution of the work.

C. Contractor shall take extraordinary care to prevent fires and keep all flammable materials and oily rags in tightly closed metal containers. Contractor shall exercise particular care when welding or cutting, and with regard to the disposition of waste materials, the nature and quantity of which might create or increase a fire hazard.

D. The Contractor and Subcontractors shall comply with Sections 6360, et. seq. of the Labor Code, together with Title 22 with regard to hazardous substances in the workplace.

The Contractor and each Subcontractor shall supply to their employees and, where site is occupied, to WCPS, copies of Material Safety Data Sheets (MSDS) for hazardous substances that may be used in the course of the services, together with notice of actual hazardous substances to which employees may be exposed while performing work and appropriate protective measures.

10. TIME:

A. It shall be understood that time is of the essence of the Contract, and the

Contractor must prosecute their services diligently and regularly at such a rate of

99829-261 COMPUTER AND PERIPHERAL RECYCLING 00100 - 6

progress as to ensure completion of the work within, or sooner than, the time specified.

The Contractor shall commence the work on the date indicated in the Notice to Proceed, and they agree to complete all work described by the Contract Documents within, or sooner than, the number of calendar days required in the Contract or within the regular schedule agreed to.

B. Failure to prosecute the work in a timely manner and according to the work schedule is considered a breach of Contract and is cause for termination of the Contract according to the Article on "RIGHT TO TERMINATE CONTRACT."

11. RIGHT TO TERMINATE THE CONTRACT:

A. If the Contractor refuses to or fails to furnish sufficient materials, work force, equipment, plant and appurtenances to properly prosecute the work in a timely manner, or if they refuse or fail to comply with any provisions of the Contract Documents, or if they should file a bankruptcy petition or make a general assignment for the benefit of their creditors or if a receiver should be appointed on account of their insolvency, then WCPS may give the Contractor written notice of intention to terminate the Contract.

Unless within seven (7) calendar days after the serving of such notice upon the Contractor such violation shall cease and satisfactory arrangements for correction of such conditions be made, the Contract shall cease and terminate.

In the event of such termination, WCPS shall immediately serve written notice thereof upon the Contractor.

12. COORDINATION WITH OTHER CONTRACTS:

A. WCPS reserves the right to do other work or award other contracts in connection with this Project. If this is the case, the Contractor shall schedule and coordinate their work in such a manner as not to interfere with the work of others. If conflict arises as a result of other work on this project, the Contractor shall promptly notify the Project Manager.

WCPS will issue such instructions as are necessary to correct the matter. WCPS shall not be liable for the failure of another Contractor to comply with such instructions.

B. If any part of this Contractor's work depends upon the work of a separate

Contractor, this Contractor shall inspect such other work and promptly report in writing to the Project Manager any defects in such other work that render it unsuitable to receive the work of this Contractor.

Failure of this Contractor to so inspect and report shall constitute an acceptance of the other Contractor's work, except as to defects which may develop in other Contractor's work after execution of this Contractor's work.

99829-261 COMPUTER AND PERIPHERAL RECYCLING 00100 - 7

C. If, through acts of negligence on the part of this Contractor, any other contractor or subcontractor shall suffer loss or damage to the work this Contractor shall make a reasonable effort to settle with such other contractor and subcontractor by agreement or arbitration.

If such other contractors or subcontractors shall assert any claim against WCPS, on account of any damage alleged to have been so sustained, WCPS shall notify this Contractor, who shall defend such proceedings at their own expense and hold harmless WCPS and the from any such claim.

13. PAYMENTS:

A. Invoices for payment shall be submitted to WCPS within 60 days of completion of the work - FAILURE TO DO SO MAY RESULT IN FORFEITURE OF PAYMENT.

B. Send all invoices, correspondence and required documents to the attention of WCPS Accounts Payable, 2424 Northgate Drive, PO Box 1538, Salisbury, MD 21801. Invoices may also be sent via email to acctspay@mywcps.org.

C. ALL INVOICES MUST REFERENCE THE CONTRACT NAME, NUMBER, AND

PURCHASE ORDER NUMBER. Failure to provide any of this information may result in the return and/or rejection of submitted invoices.

D. WCPS offers the following payment options:

1. ACH payment (preferred)

2. P-Card

3. Physical check

E. Payments Do Not Imply Acceptance of Work: The granting of any progress payment or payments by WCPS or the receipt thereof by the Contractor, shall not constitute acceptance of the work or of any portion thereof, and shall in no way lessen the liability of the Contractor to replace unsatisfactory work or material, whether or not the unsatisfactory character of such work or material was apparent or detected at the time such payment was made.

F. Payment to Subcontractors and Suppliers: The Contractor shall pay each

Subcontractor and supplier promptly on receipt of each progress payment from WCPS for the materials, labor and equipment delivered to the site or incorporated in the work by each Subcontractor during the period for which the progress payment is made, less any retention as provided above. In the event of a loss by a Subcontractor or supplier for which insurance monies are paid, the Contractor shall pay Subcontractor or supplier a just share thereof.

G. Release: The Contractor and each assignee under an assignment in effect at the time of final payment shall, if required by WCPS, execute and deliver at the time of final payment and as a condition precedent to final payment, a release in form and substance satisfactory to and containing such exemptions as may be found appropriate by WCPS, discharging WCPS, its officers, agents and employees of and from liabilities, obligations and claims arising under this Contract.

mailto:acctspay@mywcps.org

99829-261 COMPUTER AND PERIPHERAL RECYCLING 00100 - 8

14. MODIFICATIONS OF CONTRACT

A. Adjustments To Contract: After award of contract, questions and correspondence relative to request for deviation from the Specifications, Terms or Conditions of the Contract must be directed to the Project Manager.

B. Any adjustment permitted under the terms of this contract will be only as authorized by the Purchasing Division in the form of a contract amendment and/or a written Purchase Order Change Notice.

C. Oral Modifications: No oral statements of any person whom so ever shall in any manner or degree modify or otherwise affect the terms of the Contract. No directive shall be responded to unless direction was made by the Project Manager.

Any changes to the scope of work will be only authorized in writing by the Project Manager. No other staff member shall be considered authorized.

D. Changes In The Work: WCPS, before the date of acceptance of the work, may order changes in the work (called Modifications) herein required, and may order extra work in connection with the performance of the Contract, and the Contractor shall promptly comply with such orders and any such orders shall be carried out by the Contractor in accordance with the intent of the original Contract specifications.

E. Cost Breakdown: The Contractor shall provide all cost information requested by the Project Manager so that a Change may be processed.

15. HOLD HARMLESS:

A. The Contractor shall, to the fullest extent permitted by law, defend, indemnify and hold harmless WCPS, its elected or appointed officials, employees, and agents from and against any and all claims, damages, losses and expenses including, but not limited to, attorney's fees arising out of or a result of the performance of this contract.

B. Such indemnification shall extend to all claims, demands, or liabilities occurring after completion of the project as well as during the progress of the work.

16. CONTRACTOR’S GUARANTEE:

By offering a Bid, it is mutually understood and agreed between the Owner and the Bidder (Contractor):

• Certifies that materials used in the work conform to the Specifications contained herein.

• Guarantees their work against defects in materials and workmanship for a period of two (2) years from the date of final acceptance by WCPS.

99829-261 COMPUTER AND PERIPHERAL RECYCLING 00100 - 9

• Certifies that any and all liens for labor and materials used in this contract have been resolved or will be resolved, should they be filled, and that the Contractor shall settle any and all claims without annoyance to the Owner.

• Guarantees that they will comply with all federal, state, county, or city codes, laws, regulations, and ordinances appropriate to their services and has obtained and paid for any license, permit, or certificate required in the performance of their work.

17. DAMAGE:

The Contractor shall be held responsible for and shall be required to make good at their own expense, any and all damages done or caused by them or their agent(s) in the execution of this contract.

END OF GENERAL CONDITIONS

IFB 99829-261 COMPUTER AND PERIPHERAL RECYCLING 00110 - 1

SUPPLEMENTARY CONDITIONS

1. INTENT: These Supplementary Conditions are intended to cover the Computers and Peripherals recycling at the Wicomico County Public Schools (WCPS) of Wicomico County, Maryland.

The successful Bidder is to pick up any computer and/or peripheral equipment purchased and provide reports detailing proper recycling/disposal of purchased equipment to successfully fulfil this contract.

2. PERIOD OF CONTRACT:

A. The contract period shall begin upon the award and remain in full force and effect until December 1, 2028, unless terminated by WCPS.

B. WCPS has the right to renew this contract for an additional two (2) periods of 1 year each.

C. Notification in writing will be issued by WCPS at the end of each contract period.

(Price adjustments must be approved by the Purchasing Division as outlined in these Bidding Documents.)

3. QUANTITIES: The quantities are unknown from year to year. WCPS does not obligate itself to any minimum volume of business.

4. BID DOCUMENTS: The Bid Documents consist of the following:

000030 – Notice to Bidders 000090 – Instruction to Bidders 000110 – Supplementary Conditions 000200 – Scope of Work 000300 – Form of Bid and Pricing Sheet(s) 000330 – Bid/Proposal Affidavit Exhibit A – Reference Form

5. METHOD OF BID: Bids must be submitted on a line-item basis. In case of discrepancy between written price and numeric price, the written price shall prevail.

Prices quoted shall be FOB destination and will include all delivery costs. Prices quoted shall not include Federal Excise or State Sales and Use taxes, or any other taxes from which WCPS is exempt.

Exemption certificates will be furnished upon request. Bids shall not be withdrawn or altered for a period of ninety (90) days after the opening thereof. One copy of the Specifications is being furnished; only the signed Bid Form with documentation and appropriate attachments is to be returned as an offer.

6. BASIS OF AWARDING: WCPS reserves the right to reject any or all offers and waive formalities, informalities, and technicalities in any offer.

IFB 99829-261 COMPUTER AND PERIPHERAL RECYCLING 00110 - 2

In awarding the contract, consideration will be given to any previous performance for WCPS as to the quality of service and merchandise and with regard to the Contractor’s ability to perform, should he be awarded the contract. WCPS reserves the right to accept that offer which, in its judgment, best serves the interests of WCPS, without regard to the same being the lowest offer.

7. TERMINATION:

A. Breach: Should Contractor fail to fulfill in a timely and proper manner its obligations under this contract or if it should violate any of the terms of this contract, WCPS shall have the right to immediately terminate the contract. Such termination shall not relieve the Contractor of any liability to WCPS for damages sustained by virtue of any breach by Contractor.

B. Funding: Should funding for this contract be discontinued, WCPS shall have the right to terminate the contract immediately upon written notice to Contractor.

C. Notice: WCPS may terminate this contract at any time upon thirty (30) days written notice to Contractor.

8. PIGGYBACKING: WCPS may offer, upon request, to any public education agency;

any governmental, non-profit entity within the State of Maryland, a chance to purchase any and all items in this Bid. The successful supplier is expected to honor all the Terms and Conditions of this Contract for purchase orders from these agencies. Wicomico County Public Schools assumes no obligation on behalf of any of these organizations.

9. BIDDER QUALIFICATIONS AND REFERENCES:

A. Bidder must be licensed to provide the items covered by this contract. Bidder must have at least three (3) years of successful business experience providing comparable items.

B. Bidder must provide and at least three (3) project references with the Bid Form – Technical on Exhibit A - Reference Form. Failure to include this information may result in the bid being declared non-responsive.

C. Bidder must provide a Certificate of Good Standing from the State of Maryland with their submission.

END SPECIAL CONDITIONS

IFB 99829-261 Computer and Peripheral Recycling 00200 - 1

SCOPE OF WORK

1. The Contractor shall purchase any and all EQUIPMENT located in the warehouse on date of scheduled removal. Removals will typically occur in April/May and October/November.

A Wicomico County Public School (WCPS) representative will contact the Contractor when a sufficient amount of equipment has been accumulated – typically no less than 1 truck worth of equipment.

1) The equipment for removal will already be binned on pallets – the equipment is NOT separated by type.

2) The Contractor shall provide the bins to be used.

2. The Contractor shall be responsible for pick-up, loading, transportation, unloading and proper disposal and documentation.

3. The EQUIPMENT will be located at either of the following sites:

1) Technology Warehouse, 900 Mt. Hermon Road, Salisbury, Maryland 21804.

2) 815 Benny Street, Salisbury, MD 21801 – this will be the primary pickup site.

3) Twenty-six different school locations in Wicomico County if there is a high volume of materials.

4. Examples of current equipment that may be included are:

1) Dell Latitude 3310

2) Dell OptiPlex 3050

3) Apple iPads

4) Acer Chromebooks

5) Miscellaneous printers, monitors, and other electronic equipment

5. The Contractor shall ensure that all recovered EQUIPMENT is recycled or properly disposed of in accordance with ISO 14001:2015 or other WCPS approved standard.

1) Recycling of equipment can include resale of equipment after a data wipe has occurred.

6. The Contractor shall provide secure transport and storage of ALL EQUIPMENT which contains electronic data.

7. The Contractor shall perform data destruction, as required, by one of the following methods:

IFB 99829-261 Computer and Peripheral Recycling 00200 - 2

1) Using Department of Defense (DOD) 5520 specification compliant-software to overwrite all data several times to render the data unrecoverable in accordance with NIST SP800-88, Guidelines for Media Sanitization.

2) Physical shredding, drilling, or other destruction methods approved by WCPS.

3) The Contractor shall provide the WCPS with a certificate of destruction of each hard drive.

4) If multiple drives are destroyed, one certificate can be issued with the serial numbers for all drives destroyed listed on this certificate.

8. Contractor shall provide verified weights of all pick-ups

9. Payment for recycled equipment picked up will be via a check made out in the name of

Wicomico County Board of Education.

This check will be submitted to the following address:

Wicomico County Public Schools Accounts Payable PO Box 1538 Salisbury, MD 21802

10. CONTRACTOR QUALIFICATIONS:

A. The contractor shall be either R2 certified through SERI or hold the e-Steward

Certification.

B. Contractor shall be certified by at least one nationally known entity for electronic recycling

1) International Association of Electronic Recyclables (IAER)

2) Maryland Department of the Environment (ISO 1400)

3) Institute of Scrap Recycling (ISIR)

4) Recycling Industry Operating Standard (RIOS)

5) Other national accreditation

6) Contractor shall have a minimum of three years electronic recycling of similar scope and size.

7) Contractor shall certify that landfills are not utilized in the United States or in foreign countries.

11. All processing, recycling and disposal venues used by the Contractor for disposal and/or recycling of CRTs and other electronics equipment, lead-bearing or mercury-bearing components and other residuals are to be ISO 14001:2015 compliant or otherwise demonstrate a bona-fide commitment to responsibly disposing of any hazardous material to the satisfaction of WCBOE. Sub-Contractors shall be subject to approval by the WCBOE.

Approval shall be based on proof of required permits and environmental protection compliance records for the regulatory agency(ies) within the jurisdiction where the processing/recycling facility is located.

IFB 99829-261 Computer and Peripheral Recycling 00200 - 3

12. These qualifications can be fulfilled by a sub-contractor that performs the recycling if they hold the appropriate current certifications. If you are using a sub-contractor to perform the recycling/disposal function(s) please include with your bid response:

A. Subcontractor company information.

B. Proof of Subcontractor certification(s).

13. LICENSES, PERMITS, COMPLIANCE WITH LAWS.

14. The Contractor shall comply with all applicable laws, ordinances and regulations.

15. The Contractor, and any subcontractor employed by Contractor, shall at its, or their expense, possess and shall maintain, during the entire term of the contract, all permits, licenses, certificates, insurances, and approvals required by the law, including those necessary for the transportation and handling of universal waste, lead or mercury containing devices and batteries.

END OF SCOPE OF WORK

IFB 99829-261 COMPUTER AND PERIPHERAL RECYCLING 00300-1

BID FORM

Wicomico County Public Schools, We have examined and understand the Conditions and Specifications for the furnishing services relating to Computer and Peripheral Recycling from WCPS in Wicomico County, Maryland.

All Addendums must be acknowledged below and signed and attached to the Bid Form file.

Addendum #1 _________________

Addendum #2 _________________

Addendum #3 _________________

Addendum #4 _________________

Others ___________________________________________________________

We agree to furnish and deliver those items for which our bid is accepted, in compliance with the terms, conditions, and specifications contained therein, at the prices set opposite each item on the attached pricing sheet.

This offer is binding and cannot be withdrawn until AFTER 90 days from the date of submission.

Company

Address

Date Signature of Official

Telephone Number (Printed) Name of Official

E-Mail Title of Official

Website Address Taxpayer I.D. Number

IFB 99829-261 COMPUTER AND PERIPHERAL RECYCLING 00300-2

DOCUMENTS REQUIRED TO BE SUBMITTED WITH THE FORM OF PROPOSAL:

Checklist:

• PRICING SHEET (Next Page) ____

• BID/PROPOSAL AFFIDAVIT ____

• EXHIBIT A – REFERENCE FORM ____

• CERTIFICATE OF INSURANCE (ACORD FORM) ____

• CERTIFICATE OF GOOD STANDING – STATE OF MARYLAND ____

NOTE: FAILURE TO PROVIDE ALL REQUIRED DOCUMENTATION MAY RESULT IN THE SUBMISSION

BEING DEEMED NON-RESPONSIVE.

IFB 99829-261 COMPUTER AND PERIPHERAL RECYCLING 00300-3

PRICING SHEET (PAID TO WCPS)

EQUIPMENT COST PER LB. WRITTEN PRICE PER LB.

Computer CPUs

$________________lb.

____________________________________lb.

Laptops

Tablets/PDAs

CRT Displays

LCD Displays

Printers

Scanners

Keyboards

Mice

Cables

Routers

Switches

Hard Drives

CD/DVD Drives

Flash Memory

Cameras

Projectors

IFB 99829-261 COMPUTER AND PERIPHERAL RECYCLING 00300-4

Circuit boards

Power cords and supplies

Interactive white boards

Mixed e-waste

SERVICES TO BE BILLED TO WCPS.

SERVICE COST PER UNIT WRITTEN PRICE

Hard drive data wiping, shredding, or drilling

______________________________ lb.

Sorting and palletizing at agency location

______________________________ lb.

NOTE - In case of discrepancy between written price and numeric price the written price will prevail.

Wicomico County Public School

BID/PROPOSAL

CONTRACT AFFIDAVIT

000330 - 1

A. AUTHORITY

I HEREBY AFFIRM THAT:

I (print name)_____________________ possess the legal authority to make this Affidavit and understand that this form is part of any resulting contract.

B. CRIMINAL BACKGROUND CHECK REQUIREMENTS

Child Sexual and Sexual Misconduct Prevention Compliance (House Bill 486/Senate Bill 541 2019 Session)

I FURTHER AFFIRM THAT I UNDESTAND AND COMPLY WITH:

Effective July 1, 2019, Maryland Law requires contractors to screen all applicants for a position involving direct contact with minors as defined in Section 6-113.2 of the Education Article, Maryland Annotated Code (“statute”).

Screening requires the applicant to submit to the contractor the following:

1. Contact information of:

a. The current employer

b. All former school employers; and

c. All former employers of the applicant in which the applicant was employed in a position involving direct contact with minors.

2. Written consent form signed by applicant to release all records relating to child sexual abuse or sexual misconduct.

3. A written statement of whether the applicant:

a. Has been the subject of a child sexual abuse or sexual misconduct investigation by any employer, arbitrator, county board, state licensing agency, law enforcement agency, or child protective services agency, unless the investigation resulted in any of the findings listed in Section 6-113.2(B)(3)(i)(1-5), of the statute.

b. Has ever been disciplined, discharged, nonrenewed, or asked to resign from employment, or has ever resigned from, or otherwise separated from, any employment while allegations of child sexual abuse or sexual misconduct were pending or were under investigation, or due to an adjudication or findings of child sexual abuse or sexual misconduct; or

c. Has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child sexual abuse or sexual misconduct were pending or under investigation, or due to an adjudication or findings of child sexual abuse or sexual misconduct.

Before hiring an applicant for a position involving direct contact with minors, the Contractor shall:

1. Review an applicant’s employment history by contacting employers listed by the applicant and requesting dates of employment and answers to questions regarding child sexual abuse or sexual misconduct required by the statute; and

2. Request a report from the Maryland State Department of Education regarding the applicant’s eligibility for employment or certification status to determine whether the applicant

Bid/Proposal Number ________________

CONTRACT AFFIDAVIT

000330 - 2

a. Holds a valid and active certification appropriate for the position and is otherwise eligible for employment.

b. Has been the subject of professional discipline related to child sexual abuse or sexual misconduct.

If the information from an applicant’s employer includes an affirmative response to the child sexual abuse or sexual misconduct questions, and the Contractor wants to further consider the applicant for employment, the Contractor shall request additional information from the employer including records related to the child sexual abuse or sexual misconduct.

Contractor shall conduct the employment history review of the applicant: 1) at the time of initial hiring of the employee; or 2) before the employee is assigned to work for a school entity in a position involving direct contact with minors.

Contractor shall maintain a record of each employee’s employment history review required by the statute; and provide WCPS access to the employee’s records upon request.

Before assigning an employee to perform work for WCPS in a position involving direct contact with minors, Contractor shall provide notice to WCPS of any affirmative responses to the child sexual abuse or sexual misconduct questions required by the statute.

Contractor may not assign an employee to perform work for WCPS in a position involving direct contact with minors if WCPS objects to the assignment after receiving notice required by the statute.

Notwithstanding any other remedies available under the Contract, Contractor may be subject to disciplinary action by the Maryland State Department of Education for willful violations of the statute.

I FURTHER AFFIRM THAT I UNDESTAND AND COMPLY WITH:

C. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in §19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland. "Discrimination" means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners. "Discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination".

Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the Board of Education of Wicomico County (WCPS) to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, CONTRACT AFFIDAVIT

000330 - 3 including any remedial action taken. Bidder agrees to comply in all respects with the State's Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

Certification Regarding Minority Business Enterprises

The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, §14-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business…