1-Multi-Step 010.27.B6.Final.pdf

Procurement Office 10910 Clarksville Pike

Ellicott City, Maryland 21042 https://purchasing.hcpss.org

NOTICE TO BIDDERS – MULTI-STEP BID #010.27.B6

SERVICES AND PRODUCTS TO SUPPORT THE TITLE I/COMMUNITY SCHOOL AND BRIDGES PROGRAMS

This Multi-Step Bid is to select a pool of qualified contractor(s) to perform provide programming, services, and products to support Title I and Community Schools, and the BRIDGES 21st Century Community Learning Centers program.

A link and instructions for registering in the Euna (Bonfire) portal can be located on the HCPSS Procurement website at:

https://purchasing.hcpss.org/business-opportunities.

BONFIRE CONTACT

If you need support, please email support@gobonfire.com or call 844-226-3862.

BIDS POSTED

Bid documents may be obtained on Wednesday, August 12, 2026 on Euna’s website, https://hcpss.bonfirehub.com/portal/?tab=openOpportunities.

QUESTIONS

All questions shall be directed, in writing, no later than 1:00 PM, Wednesday, August 19, 2026 via the Bonfire website, https://hcpss.bonfirehub.com/portal/?tab=openOpportunities. The Howard County Public School System is under no obligation to respond to any questions that are received after the cutoff date and time. Only answers provided via addenda issued by the HCPSS will be binding.

Under no circumstances are bidders, including third party vendors or their staff, to contact any other HCPSS Staff, employees or any related constituency for purposes associated with this solicitation, including but not limited to, obtaining or providing information. Bidders failing to comply with this requirement may be disqualified.

BIDS DUE

Bids shall be submitted electronically no later than Thursday, September3, 2026 at 11:00 A.M. via the Bonfire website, https://hcpss.bonfirehub.com/portal/?tab=openOpportunities.

The bid opening will not be public. Sealed bids will be opened electronically by the Purchasing Officer after the due date and time. The Purchasing Officer shall provide the bid results via a bid tab to be posted on the Bonfire Portal within a reasonable time after the bid opening for all bidders to review.

ADDENDA

It is the bidders sole responsibility to regularly visit the Bonfire Portal listed above to download and acknowledge receipt of all Addenda. It is highly recommended that bidders ascertain if they have received all the addenda issued prior to submitting their proposal. Failure of any bidder to receive any such Addenda or interpretation may not relieve such bidder from obligation under his/her proposal as submitted.

The Board reserves the right to waive any informalities in, or to reject any or all bids.

Howard County Public School System shall not be responsible for errors or omissions made by the printer or advertising houses which prepare bid documents, addenda, or advertising services.

Instructions pertaining to the Bid Bond, Surety Checks, Performance and Materials Payment Bond requirements are contained in the bid documents.

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

Contractors are required to register on eMaryland Marketplace Advantage at eMaryland Marketplace Advantage (eMMA) 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 throughout Maryland.

Afua Tisdale Procurement Specialist https://purchasing.hcpss.org/business-opportunities mailto:support@gobonfire.com https://hcpss.bonfirehub.com/portal/?tab=openOpportunities https://hcpss.bonfirehub.com/portal/?tab=openOpportunities https://hcpss.bonfirehub.com/portal/?tab=openOpportunities https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage

THE HOWARD COUNTY PUBLIC SCHOOL SYSTEM

BID # 010.27.B6

Table of Contents

Contents Section I - INSTRUCTIONS TO BIDDERS

A. OBJECTIVES

B. CONTRACT DOCUMENTS

C. CONTRACT PERIOD

D. CONTRACT MANAGER

E. ISSUING OFFICE

F. QUESTIONS AND INQUIRIES

G. DUE DATE AND TIME

H. INSTRUCTIONS FOR SUBMITTAL OF MULTI STEP BIDS

I. BASIS FOR AWARDING BIDS

J. BID BOND

K. BIDDER’S QUALIFICATIONS

L. SIGNATURE TO BID

M. RIGHT TO REJECT BIDS AND WAIVE INFORMALITIES

N. BIDS FIRM FOR 120 DAYS

O. CLARIFICATIONS AND ADDENDA

P. CANCELLATION OF THE BID

Q. BID ACCEPTANCE

R. MODIFICATIONS AND WITHDRAWAL OF BIDS

S. MULTIPLE/ALTERNATIVE BIDS

T. CONFIDENTIALITY

U. TERMS OF CONTRACT

V. ETHICS REGULATIONS

W. DEBARMENT STATUS

Section II - TECHNICAL FORMS FOR MULTI STEP BID AND EVALUATION

A. SIGNING OF FORMS

B. TWO VOLUME SUBMITTAL

C. TECHNICAL OFFER CRITERIA

Section III - TERMS AND CONDITIONS

A. TERMINATION FOR DEFAULT

B. TERMINATION FOR CONVENIENCE

C. PRICE ADJUSTMENTS

D. LIQUIDATED DAMAGES

E. TAXES

F. BILLING AND PAYMENT

G. FUNDING

H. ORDERS

I. PROCUREMENT CARD

J. INSURANCE

K. ASSIGNMENTS

L. SUBCONTRACTORS

M. TOBACCO FREE AND ALCOHOL/DRUG FREE ENVIRONMENT

N. CRIMINAL HISTORY BACKGROUND CHECKS

O. CHILD SEX OFFENDER NOTIFICATION

P. MULTI-AGENCY PARTICIPATION

Q. RESPONSIBILITIES AND WARRANTIES

R. PROTESTS AND DISPUTES

S. GOVERNING LAW AND VENUE

T. WAIVER OF JURY TRIAL

U. EXAMINATION OF RECORDS

V. DISSEMINATION OF INFORMATION

W. ACCESS TO PUBLIC RECORDS ACT NOTICE

X. CONTINGENT FEE PROHIBITION

Y. OWNERSHIP AND USE

Z. ADHERENCE TO SCHOOL SYSTEM POLICIES AND STATE AND FEDERAL REGULATIONS ... 16

AA. NON-HIRING OF OFFICIALS AND EMPLOYEES

BB. eMARYLAND MARKETPLACE ADVANTAGE REGISTRATION

CC. NON-DISCRIMINATION

DD. INDEPENDENT CONTRACTOR

EE. ANTI-BRIBERY

FF. FORCE MAJEURE

GG. MINORITY BUSINESS ENTERPRISE PARTICIPATION

HH. SIGN IN PROCEDURES & IDENTIFICATION

II. CONTRACTOR ON SITE POINT OF CONTACT

JJ. MAINTENANCE OF MANPOWER

KK. RIGHT TO ASSIGN WORK

LL. RESPONSIBILITY OF BIDDERS

MM. SCHOOL BUILDING REQUIREMENTS

NN. CONTRACTOR PERFORMANCE/EVALUATION SCORECARD

Section IV - PROJECT SPECIFICATIONS

A. GENERAL SCOPE

B. Defined Scope Categories C. Place of Performance D. Required Deliverables & Schedule E. Performance Standards

F. Logistics, Facilities & Material Ownership G. Contractor Experience

H. QUALIFICATIONS

APPENDIX A – BID SHEET

APPENDIX B – INSURANCE REQUIREMENTS

APPENDIX C – STUDENT DATA SHARING AGREEMENT

APPENDIX D – BID AFFIDAVIT

APPENDIX E – PERFORMANCE EVALUATION SCORECARD

APPENDIX F – EDUCATON ARTICLE 6-113.2 AFFIDAVIT

APPENDIX G – CERTIFCATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

Section I - INSTRUCTIONS TO BIDDERS

A. OBJECTIVES

1. The objective of this request for Multi Step Bid process is for The Board of Education of the Howard County

Public School System (herein referred to as “the Board”), administrated by the Howard County Public School System (herein referred to as “HCPSS” or “the School System”) to establish a pre-qualified pool of organization, business, and individual service providers to deliver evidence-informed products and services.

2. These services support academic achievement, whole-child development, student well-being, family engagement, and equitable access at Title I and Community Schools, and for the BRIDGES 21st Century Community Learning Center program.

3. This contract will be used in conjunction with Contract 152.25.B1. As the number of community schools has grown, the need for differentiated services and products has expanded. These contracts work together to meet those needs.

4. To qualify for an award, vendors must apply under one or more of the specific categories in section.

Proposals must define whether they offer Products, Services, or Both.

5. All work performed under this contract shall be in accordance with the 100% bid documents, procurement specifications.

B. CONTRACT DOCUMENTS

1. Contract Documents consist of The General Provisions of Bid Proposal, the Procurement Specifications, the 100% bid documents.

2. All of these materials will be included in the contract which The Board of Education awards as a result of this solicitation and will be among the contract documents. The bidder, by submitting its bid, agrees that if awarded the contract that it will be bound under the contract to all the terms and conditions of the contract.

C. CONTRACT PERIOD

1. Any resulting contract(s) shall commence upon award. The Contract(s) is to be for one (1) year with the option to renew for five (5) additional one-year periods at the sole option of the school system pending successful performance and availability of funding.

D. CONTRACT MANAGER

1. The Howard County Public School System’s Contract Manager from the Office of Title I and Community Schools shall be responsible for the day-to-day administration of the contract upon award by the Howard County Public School System. The HCPSS Contract Manager’s contact information will be made available upon award. All communications are to be directed to the Contract Manager, or other designated HCPSS staff member. No instructions, directions, and information are to be given to the contractor by any other HCPSS personnel. Any change to a purchase order shall not proceed until a change order to the purchase order has been issued by the purchasing office confirming this additional work and the applicable additional cost.

E. ISSUING OFFICE

1. The Issuing Office is:

The Howard County Public School System Procurement Office 10910 Clarksville Pike Ellicott City, Maryland 21042

2. The Issuing Office shall be the sole point of contact with HCPSS for purposes of preparation and submittal of the Technical Offer and Bid Price.

F. QUESTIONS AND INQUIRIES

1. Questions and inquiries must be submitted via the Bonfire Portal.

2. Items affecting the scope of work or conditions of the contract shall be subject to the conditions of addenda.

G. DUE DATE AND TIME

1. Proposal shall be submitted electronically via the Bonfire portal in their entirety

2. Late Bids Cannot Be Accepted. All documents must be fully uploaded and complete in Euna (formerly Bonfire) before the bid due date and time.

H. INSTRUCTIONS FOR SUBMITTAL OF MULTI STEP BIDS

1. For detailed information on preparation and submittal of Multi Step Bid, see Section II. Multi Step Bids, Forms and Evaluation.

I. BASIS FOR AWARDING BIDS

1. In accordance with the bid documents, the bid will be awarded to the responsive and responsible bidder(s) meeting the technical requirements and experience required of the HCPSS will be added to a pre-qualified pool of contractors that could be selected for providing services. The technical information provided by the bidder will be evaluated against the requirements selected by the school system Bidder(s) not meeting the technical requirements and experience required of the HCPSS will not be considered for award.

2. It is the intent of the Howard County Public System to pre-qualify and approve a pool of contractors for service at facilities within the school system on an as needed basis.

3. The Howard County Public School System reserves the right to make an award of the bid for all items, or any parts, thereof, to one or more bidders, as set forth in detail under the information furnished in this document. The owner further reserves the right to consider information other than price when evaluating bids.

J. BID BOND

1. A Bid Bond is not required for this bid.

K. BIDDER’S QUALIFICATIONS

1. Bidders may be required to furnish satisfactory evidence that they are qualified dealers or manufacturers of the items listed, or regularly engaged in performing the services on which they are bidding. An authorized representative of The Howard County Public School System may visit any prospective contractor’s place of business to determine his ability, capacity, reliability, financial stability, and other factors necessary to perform the contract.

L. SIGNATURE TO BID

1. The section titled “BID SIGNATURE SHEET" shall be completed to provide all the information requested and signed by the person or persons legally authorized to sign contracts.

M. RIGHT TO REJECT BIDS AND WAIVE INFORMALITIES

1. The Howard County Public School System reserves the right to waive any technicality or minor irregularity in a Bid in the interest of the Board.

N. BIDS FIRM FOR 120 DAYS

1. Bid prices shall remain firm for one hundred twenty (120) calendar days from the date of opening.

O. CLARIFICATIONS AND ADDENDA

1. Should a Bidder find discrepancies in the bid documents, or should they be in doubt as to the meaning or intent of any part thereof, they must, not later than seven (7) days (Saturdays, Sundays and Holidays excluded) prior to the bid due date, request clarification in writing from the issuing office, who will issue a written Addendum to the contract. Failure to request such clarification is a waiver to any claim by the bidder for expense made necessary by reason of later interpretation of the bid documents by the HCPSS.

Requests shall include the bid number and name.

2. Oral explanations or instructions will not be binding; only written addenda will be binding. Any addenda resulting from these requests will be posted on the school system website no later than two days prior to the bid due date. The bidder shall acknowledge the receipt of all addenda on the Bid Price Sheet.

3. Bidders must receive a Pass

P. CANCELLATION OF THE BID

1. HCPSS may cancel this Bid, in whole or in part, at any time before the opening of the Bids.

Q. BID ACCEPTANCE

1. The Howard County Public School System reserves the right to accept or reject any and all bids, in whole or in part, received as a result of this bid or to waive minor irregularities, in any manner necessary, to serve the interest of The Board of Education. HCPSS further reserves the right to award in full, make multiple awards, partial awards, or to make no award at all.

R. MODIFICATIONS AND WITHDRAWAL OF BIDS

1. Withdrawal of, or modifications to bids are effective only if written notice thereof is filed to the purchasing office prior to the time bids are due. A notice of withdrawal or modification to a bid must be signed by an officer with the authority to commit the company.

2. No withdrawal or modifications will be accepted after the time bids are due.

S. MULTIPLE/ALTERNATIVE BIDS

1. Bidders may not submit more than one (1) bid nor may bidders submit an alternate to this bid.

T. CONFIDENTIALITY

1. Bidders should give specific attention to the identification of those portions of their Technical Offers which they deem to be confidential, proprietary information or trade secrets, and provide any justification of why such materials, upon request, should not be disclosed by HCPSS under the Access to Public Records Act, State Government Article, Title 10, Subtitle 6 of the Annotated Code of Maryland. Contractors must clearly indicate each and every section that is deemed to be confidential, proprietary, or a trade secret. It is not sufficient to preface your technical offer with a proprietary statement. Bid prices will be opened publicly.

U. TERMS OF CONTRACT

1. By submitting a response to this solicitation, an organization affirms acceptance of all terms and conditions contained in the conditions of the Contract (General, Supplementary, and other Conditions),.

V. ETHICS REGULATIONS

1. The Board of Education of Howard County has adopted an Ethics Regulation policy. Required by the

Annotated Code of Maryland, these Ethics Regulations cover members of the Board of Education, the Superintendent, and all employees; and it specifies limits of participation of these individuals with entities doing business with The Howard County Public School System. For a copy of the regulations, please contact the Purchasing Office, Howard County Department of Education (410) 313-6644.

W. DEBARMENT STATUS

1. By submitting their bid, the bidders), certify that they are not currently debarred by the State of Maryland or another governmental entity from submitting bids or bids on contracts for the type of products or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

Section II - TECHNICAL FORMS FOR MULTI STEP BID AND EVALUATION

A. SIGNING OF FORMS

1. The Bid Affidavit & Quote Sheet, if submitted by an individual, shall be signed by the individual; if submitted by a partnership, they shall be signed by such member or members of the partnership as have authority to bind the partnership; if submitted by a corporation, they shall be signed by an officer, and attested by the corporate secretary or an assistant corporate secretary. If not signed by an officer there must be attached a copy of that portion of the by-laws or a copy of a board resolution, duly certified by the corporate secretary, showing the authority of the person so signing on behalf of the corporation. Signatures shall be under seal, i.e.: indicated by the word “(Seal)” following signature of individual and partner bidders, and indicated by affixing the Corporate Seal at corporate signatures.

B. TWO VOLUME SUBMITTAL

The selection procedure for procurement of this contract requires that an evaluation and selection committee, separate from pricing, conduct a review of the technical offers submitted by the bidders.

1. TECHNICAL OFFER - VOLUME ONE

a. This volume should be prepared in a clear and precise manner. All appropriate points of the Multi

Step Bid solicitation must be addressed.

b. Only the Bidders(s) whose technical offer has achieved the required Passing ranking in all “critical” requirements, will have their bid prices opened.

c. Bidders shall use the forms as provided. Substitute forms and/or data may not be considered.

d. Detailed responses to the Technical Criteria listed in paragraph II. C. Technical Offer Criteria

e. Only Bidders who meet the minimum Bidder requirements will have their submission reviewed.

2. BID PRICE - VOLUME TWO

a. The Bid Price Sheet will only be opened for those Bidders who achieve an overall Pass.

C. TECHNICAL OFFER CRITERIA

The following information (items 2 through 7) must be furnished in the technical offer portion of the Multi Step Bid. Failure to include any of the items below in your response may result in the Bid being considered non-responsive.

1. TRANSMITTAL LETTER: A transmittal letter prepared on Bidder’s business stationery should accompany the technical offer. The purpose of this letter is to transmit the technical offer; therefore, it should be brief, but shall list all items contained within each volume as defined below. The letter must be signed by an individual who is authorized to bind the firm to all statements contained in the technical offer.

2. BID PROPOSAL AFFIDAVIT: The Bid/Proposal Affidavit enclosed in this document must be executed by each responding bidder and submitted with their bid. This affidavit must be signed and notarized.

3. EXECUTIVE SUMMARY: Respondents must provide an executive summary of their submittals and represent that respondents’ submittals address all the requirements of this Bid. The executive summary must not exceed three pages and must represent a full and concise summary of the contents of the submittal. The executive summary must not include any information concerning the cost of the submittal.

Respondents must identify any services that are provided beyond those specifically requested. If respondent is providing services that do not meet the specific requirements of this Bid, but in the opinion of respondent are equivalent or superior to those specifically requested, any such differences must be noted in the executive summary. However, failure to provide the services specifically required may result in disqualification of the submittal.

4. TECHNICAL APPROACH, TRAINING RESPONSE, AND SERVICES REQUIREMENT (Pass/Fail): Respondents are required to fully provide answers to each category listed below.

a. Qualifications of Proposed Staff:

o List of Staff positions and responsibilities;

o Minimum education, licenses, certifications, and experience for each position; (See

Section 3.3);

o If multiple staff will provide services, detail how staff will be supervised; and o Procedures for providing replacement personnel when assigned staff are unavailable.

b. Bidder Capabilities:

o The specific categories of services or products being proposed (link to defined scope of categories in section IV;

o List of maximum school and participant counts the bidder can scale to support simultaneously during the fiscal year;

o No Bid Sheet for this Multi-Step Bid;

c. Program Description and Supporting Materials:

o A detailed description of the program or service and how it supports the objectives of the categories selected;

o An explanation of how the program is appropriate for the proposed grade levels and participant populations;

o Anticipated participant outcomes and a description of how outcomes will be measured;

o A description of available accommodation or program adaptations for participants with differing needs o A sample curriculum outline, lesson plan, activity plan, agenda, or scope and sequence, as applicable;

o A list of materials, equipment, technology, or facilities that HCPSS would need to provide.

5. EXPERIENCE REFERENCE FORM: Complete the enclosed Experience Reference Form for two (2) products or services within the past three years, which demonstrate your organization’s experience with the services or products being offered.

NOTE: Experience noted must demonstrate the bidder’s knowledge and ability to perform similar work for a public school system or with school aged children.

The school system reserves the right to check other sources available. References will be held in the strictest of confidence by the school system.

6. KEY PERSONNEL FORMS : Complete the enclosed “Key Personnel Form”, for the primary point of contact for the organization if selected for the pool.

PROFILE QUESTIONNAIRE: Complete “Profile of Company in Euna Questionnaire”. It is required that your organization have at least one year of experience providing the service or products for school aged children.

7. Copy of certificate of insurance.

Section III - TERMS AND CONDITIONS

A. TERMINATION FOR DEFAULT

1. When the contractor has not performed or has unsatisfactorily performed the contract, payment shall be withheld at the discretion of The Howard County Public School System. Failure on the part of the contractor to fulfill contractual obligations shall be considered just cause for termination of the contract and the contractor is not entitled to recover any costs incurred by the contractor up to the date of termination. Notification shall be in writing and shall be issued 30 days prior to termination date. In the event of default of contract, The Howard County Public School System may procure services from other sources. The contractor found in default will be held responsible for all costs incurred.

B. TERMINATION FOR CONVENIENCE

1. The Howard County Public School System may terminate this contract, in whole or in part, without showing just cause upon giving written notice to the contractor. The Howard County Public School System shall pay all reasonable costs associated with termination of the contract. However, the contractor shall not be reimbursed for any anticipatory profits which have not been earned up to the date of termination.

C. PRICE ADJUSTMENTS

1. The Howard County Public School System will only consider adjustments on labor rates based only upon federal minimum wage increases and decreases in the Consumer Price Index (CPI-W), Baltimore Region, as published by the Bureau of Labor Standards. Requested increases above a 5% cap will not be considered. In order to receive consideration for a price increase, the contractor must submit to The Howard County Public School System, sixty (60) days prior to the contract expiration date, a statement of any change in the hourly rate wage actually to be paid to its employees during the renewal term.

Adjustments will be calculated by comparing the current index with the previous year's index so as to determine the change in index points. The point change will then be divided by the price index to obtain the percentage of change. The percentage of change will then be multiplied by .75 to obtain the adjustment to be applied to the current prices.

2. The Howard County Public School System will also consider adjustments based on fees outside of the control of the contractor, such as manufacturer price increases. However, such increases will be a "pass through" to the Howard County Public School System with no mark-up allowed. For such changes to be considered by the Howard County Public School System, documentation from the manufacturer (or any other applicable party) assessing a cost increase must accompany a written request from the contractor.

3. The Howard County Public School System will then review the request and advise the contractor of approval or disapproval of the price change request.

4. Price increase requests will not be considered if not accompanied with the proper information.

D. LIQUIDATED DAMAGES

1. In the event the Contractor fails to deliver the goods or services of the contract in accordance with the specifications, HCPSS reserve the right to purchase the goods/services on the open market in sufficient quantities to assure the continued operation of HCPSS. All additional expenses incurred by HCPSS as a result of such purchases will be deducted from the money owed or monies which may become due to the Contractor.

E. TAXES

1. The Howard County Public School System is tax exempt, and the price quoted shall not include federal excise taxes, state or local taxes, or use taxes.

2. The bidder is responsible for all taxes, including but not limited to sales and use taxes on the purchase of the bidder's equipment and materials, or any equipment and materials supplied to the Board of Education on the project.

F. BILLING AND PAYMENT

1. The contractor shall submit invoices at the completion of each service and submitted on a monthly or quarterly basis to the Howard County Public School System. Invoices should be sent via email to the HCPSS point of contact designated in the purchase order. Invoices must contain the following information:

a) Purchase Order Number

b) Contract/Bid Number

c) Name of school(s) where service was provided

d) Description of service or product

e) Itemized breakdown of project costs to include labor and materials.

f) Total due

G. FUNDING

1. The contractual obligation of the Board of Education under any resulting contract is contingent upon the availability of appropriated funds.

H. ORDERS

1. Orders shall be in the form of an official Howard County Public School System purchase order. No deliveries are to be made under any contract(s) resulting from this bid without a purchase order.

I. PROCUREMENT CARD

1. The Howard County Public School System utilizes a Purchasing Card Program. Purchases resulting from this solicitation may be made through a Visa/Mastercard credit card.

2. Bidders are prohibited from charging any additional costs/fees above and beyond the established contract prices to process such orders. Bidders lacking Visa/Mastercard capability should contact the Purchasing Office.

J. INSURANCE

1. See Appendix B, INSURANCE REQUIREMENTS.

K. ASSIGNMENTS

1. The contractor may not assign or transfer this contract, any interest herein or any claim hereunder, except as expressly authorized in writing by the Howard County Public School System. Unless the performance is expressly waived in writing by the Howard County Public School System, an assignment does not release the contractor from responsibility for performance of this contract.

Assignment or subcontracting without the written approval of the Howard County Public School System will be cause for termination.

L. SUBCONTRACTORS

1. Subcontractors may not be employed to perform any work under any resulting contract(s) unless specifically approved by the Contract Manager.

2. Nothing contained in these contract documents shall create any contractual relation between any subcontractor and the Howard County Public School System.

M. TOBACCO FREE AND ALCOHOL/DRUG FREE ENVIRONMENT

1. The Board of Education of Howard County maintains a tobacco, alcohol/drug free environment. The sale or use of tobacco, alcohol or drugs, in any form, or related product, is prohibited in school buildings and grounds at all times. Persons found violating this policy will be requested to remove the product and themselves from school premises.

N. CRIMINAL HISTORY BACKGROUND CHECKS

1. All employees, agents, or representatives of the awarded contractor who will be performing work on any phase of the contract arising out of this bid are subject to a criminal history background check by the school system. Such persons, if requested by the school system, must provide fingerprints and other required information to facilitate such a check, as well as the necessary fees to obtain such a check from the federal or state government. At the completion of a background check, the school system may, at its sole discretion, decide that a particular employee, agent, or representative of the contractor be barred from school system property.

O. CHILD SEX OFFENDER NOTIFICATION

1. Sex Offender Requirement: Maryland law requires certain sex offenders to register with the local law enforcement agency; See Maryland Annotated Code, Criminal Procedure Article, §11-704. One of the purposes of this law, is to inform school systems when a Registered Sex Offender is residing or working in the area. When the 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.

2. As a contractor working for Howard County Public School System (HCPSS), we require that you do not employ Registered 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 HCPSS property. Further, Maryland Law that became effective June 22, 2006, requires that any person who enters a contract with a county board of education or a non-public school "may not knowingly employ an individual to work at a school" if the individual is a registered sex offender; See §11-722 Criminal Procedure Article. An employer who violates this requirement is guilty of a misdemeanor and if convicted may be subject to up to five years imprisonment and/or a $5,000 fine.

3. Each contractor shall screen their workforce to ensure that a Registered Sex Offender does not perform work at a county public school and also ensure that a subcontractor and independent contractor conducts screening of its personnel who may work at a school. The term "work force" is intended to refer to all of the contractor's direct employees and subcontractors and/or independent contractors it uses to perform the work. Violations of this provision may cause HCPSS to take action against the contractor up to and including termination of the contract.

4. 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 property 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 a sexual offense, child sexual abuse and crimes of violence.

5. The Contractor shall submit to HCPSS a listing of any employees assigned to perform under this agreement and certify that the necessary criminal history records checks have been conducted and that each employee complies with the requirements.

P. MULTI-AGENCY PARTICIPATION

1. Under §5-112, Paragraph (3) of the Education Article of the Annotated Code of Maryland HCPSS may with Board of Education approval participate in contracts for goods or commodities that are awarded by other public agencies or by intergovernmental purchasing organizations if the lead agency for the contract follows the public bidding procedures. HCPSS therefore 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 shall include but not limited to private schools, parochial schools, non-public schools such as charter schools, special districts, intermediate units, non-profit agencies providing services on behalf of government, and/or state, community and/or private colleges/universities that require these goods, commodities and/or services. A copy of the contract pricing and the bid requirements incorporated in this contract will be supplied to requesting agencies.

2. Each participating jurisdiction or agency shall enter into its own contract with the Award Bidder(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 award.

Q. RESPONSIBILITIES AND WARRANTIES

1. The Awarded Bidder(s) (also referred to herein as “Contractor”) shall perform the services and/or provide the goods with that standard of care, skill, and diligence normally provided by a Contractor, or professional in the performance of services and/or goods similar to the services and/or goods hereunder.

2. Notwithstanding any review, approval, acceptance, or payment for the services by HCPSS, the

Contractor shall be responsible for professional and technical accuracy of its work furnished by the Contractor under this agreement.

3. HCPSS's review, approval, or acceptance of, nor payment for, any of the services required under this contract shall NOT be construed to operate as a waiver of any rights under this contract or of any 14 cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to HCPSS in accordance with applicable law for all damages to HCPSS caused by the Contractor's negligent performance of any or the services furnished under this contract.

4. Contractor warrants that it is qualified to do business in the State of Maryland and that it will take such action as, from time-to-time hereafter, may be necessary to remain so qualified.

5. Contractor warrants that it is not in arrears with respect to the payment of any monies due and owing the county or state, of any department or agency thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this agreement.

6. Contractor warrants that it shall comply with all federal, state, and local law, ordinances and legally enforceable rules and regulations applicable to its activities and obligations under this agreement.

7. Contractor warrants that it shall procure, at its expense, all licenses, permits, insurance, and governmental approval, if any, necessary to the performance of its obligations under this agreement.

8. Contractor warrants that the facts and matters set forth hereafter in the "Contract Affidavit" which is attached to this agreement and made a part hereof are true and correct.

R. PROTESTS AND DISPUTES

1. Except as otherwise provided in these contractual documents, any claim, dispute, or other matter in question concerning a question of fact shall initially be referred to the Procurement Specialist in writing, no later than seven (7) calendar days after the basis for the claim or dispute is known or should have been known. A formal written response to the claim or dispute shall be issued by the Procurement Specialist in a timely manner. If the Award Bidder is unsatisfied with this response, the Award Bidder may appeal the Procurement Specialist’s decision to the Director of Procurement and Materials Management, who shall reduce his decision in writing and mail or otherwise furnish a copy to the Award Bidder. This decision of the Director of Procurement and Materials Management shall be the final and conclusive action.

2. HCPSS reserves the right to proceed with the work under the Contract Documents during the dispute process if it is in the best interest of HCPSS, at HCPSS’ sole discretion. There shall be no appeal or dispute of termination for non-appropriation of funds or for loss of appropriated funds. Any costs incurred in the dispute process will be borne by the bidder(s) in all instances.

S. GOVERNING LAW AND VENUE

1. The Contract Documents shall be governed by the laws of the State of Maryland and nothing in these

Contract Documents shall be interpreted to preclude HCPSS from seeking, after completion or termination of the agreement, any and all remedies provided by law. Any lawsuit arising out of the

Contract Documents shall be filed in the appropriate state court of competent jurisdiction located in Howard County, Maryland.

T. WAIVER OF JURY TRIAL

1. The Awarded Bidder(s) and the Board hereby waive trial by jury in any action or proceeding to which the

Board and/or Awarded Bidder(s) are parties arising out of or in any way pertaining to the Contract Documents. It is agreed and understood that this waiver constitutes a waiver of trial by jury of all claims against all parties to such actions or proceedings, including claims against parties who are not parties to the Contract Documents. This waiver is knowingly, willingly and voluntarily made by the Board and the Awarded Bidder(s) and the Awarded Bidder(s) hereby represent and warrant that no representations of fact or opinion have been made by and individual to induce this waiver of trial by jury or to in any way modify or nullify its effect. The parties further represent and warrant that they have been represented or have had the opportunity to be represented, in the signing of the Contract Documents and in the making of this waiver by legal counsel, selected of their own free will, and that they have had the opportunity to discuss this waiver with legal counsel.

U. EXAMINATION OF RECORDS

1. The Contractor agrees that the auditor of HCPSS or any of their duly authorized representatives shall, have five (5) years after the final renewal expiration date under this contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract.

V. DISSEMINATION OF INFORMATION

1. During the term of this agreement, the Contractor shall not release any information related to the services or performance of the services under this agreement nor publish any final reports or documents without the prior written approval of the HCPSS contract manager.

W. ACCESS TO PUBLIC RECORDS ACT NOTICE

1. The Board of Education of Howard County is subject to the Maryland Public Information Act, State

Government Article § 10-611, et. seq. As a result, the Board may be required to disclose, upon request, certain public records.

2. All information submitted as part of this bid is subject to release under the Maryland Public Information Act (MPIA). If you would like the Howard County Public School System to consider redactions in the event that your bid is subject to a MPIA request, submit a proposed MPIA copy including justifications for each redaction and under what specific exemption that justification is qualified for redaction.

3. Transparency in the use of public funding is fundamental to HCPSS operations. Prior to the award of bids and contracts, the Board of Education of Howard County reviews and approves cost to be incurred by the school system – therefore, offerors should be aware that submission to this RFP may subject your pricing offer to release in a public forum. Additionally, pricing and payments made by HCPSS under the resulting Contract may also become subject to release as public information. HCPSS may consider both the ability to obtain necessary pricing from future offerors as well as the potential to cause harm to the competitive position of offerors in determining release of pricing detail.

4. Copyrighted submittals are unacceptable and will be disqualified as non-responsive. All submittals become the property of HCPSS.

X. CONTINGENT FEE PROHIBITION

1. The Contractor warrants that they have not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the Contractor, to solicit or secure this agreement, and that they have not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee or agent, any fee or any other consideration contingent on the making of this agreement. For breach or violation of this warranty, HCPSS shall have the right to terminate this agreement without liability, or, at its discretion, to deduct from the contract price or consideration, or percentage, brokerage fee, gift or contingent fee.

Y. OWNERSHIP AND USE

1. All materials, including but not limited to training documents, program and software, furnished by

Offeror to HCPSS in connection to this Program shall remain the property of the School System. No materials will be returned to the Contractor at the end of the contract period including any that are copyrighted. HCPSS shall have the right to continue using all and any control equipment and document materials for as long as the School System desires to do so. All documents, materials or data developed as a result of this contract shall be the property of HCPSS. Therefore, HCPSS has the right to use and reproduce any documents, materials, and data, including confidential information, used in or developed as a result of this contract. HCPSS may use this information for its own purposes or use it for reporting to state or federal agencies. The awarded bidder(s) must keep confidential and warrants that it has title to or right of use of all documents, material, or data used or developed in connection with this contract.

Z. ADHERENCE TO SCHOOL SYSTEM POLICIES AND STATE AND FEDERAL REGULATIONS

1. The Offeror and any Sub-Offeror personnel assigned to this project must be cognizant and abide by the

Board of Education of Howard County Policies and operating procedures at all times. Health and safety policies and procedures will not be compromised. Proposed programs must not violate or conflict with the Board policies and Implementation Procedures. Moreover, the Contractor shall be cognizant and enforce all federal and state regulations and policies and all bids and subsequent work shall adhere to known regulations and policies.

AA. NON-HIRING OF OFFICIALS AND EMPLOYEES

1. No official or employee of HCPSS whose duties as such official or employee include matters relating to or affecting the subject matter of this contract, shall during the pendency and term of this contract and while serving as an official or employee of HCPSS become or be an employee of the contractor or any entity that is a subcontractor on this contract.

2. All work shall be in accordance with all State, County, Federal, and Governmental rules, regulations, and laws. The contractor is responsible for assuring that all of their employees and the services provided under the contract follow and comply with any such requirements pertaining to and applicable to the service being provided under this contract. All costs to comply with these requirements shall be paid by the contractor and included in the contractors Bid price.

BB. eMARYLAND MARKETPLACE ADVANTAGE REGISTRATION

1. Awarded bidders are required to register on eMaryland Marketplace Advantage at https://procurement.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 awarded bidder’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 throughout Maryland. If you have any questions or need assistance, contact the help desk at emma.helpdesk@maryland.gov or call (410) 767-1492.

CC. NON-DISCRIMINATION

1. In the execution of the obligations and responsibilities hereunder, included, but not limited to hiring or employment made possible by or relating to the Contract Documents, or the provisions of goods and services provided, the Awarded Bidder(s) shall not discriminate against persons on the basis of religion, ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, disability, or genetic information. For more information, contact the Equity Assurance Office of the Howard County Public School System at 10910 Route 108, Ellicott City, ND 21042 or call 410-313-6654. HCPSS is fully committed to the Americans with Disabilities Act (ADA) which guarantees non-discrimination and equal access for persons with disabilities in employment, public accommodations, transportation, and all County programs, activities, and services. HCPSS government contractors, subcontractors, vendors, and/or suppliers are subject to this ADA policy. All individuals having any County contractual agreement must make the same commitment. Your acceptance of the awarded contract acknowledges your commitment and compliance with ADA.

DD. INDEPENDENT CONTRACTOR

1. It is expressly understood and agreed that this Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partner, joint venture, or association between the parties. The Awarded Bidder(s) will not be entitled to and expressly disclaims any right to worker’s compensation, retirement, insurance, or other benefits afforded to employees of HCPSS.

EE. ANTI-BRIBERY

1. Awarded bidder(s) warrants that neither it nor any of its officers, directors, or partners nor any of its employees who are directly involved in obtaining or performing contracts with any public body has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the federal government.

FF. FORCE MAJEURE

1. Force Majeure shall be defined as an event beyond the control of the affected party and not avoidable by reason of diligence. It includes the acts of nature, war, riots, strikes, fire, floods, epidemics, pandemics, government decrees and/or similar occurrences. If either party is delayed by a force majeure event, said party shall provide written notification to the other within 48 hours. Delays shall cease as soon as practicable and written notification shall be provided. The time of contract completion may be extended by contract modification request, for a period of time equal to that of the delay caused under this condition.

HCPSS reserves the right to cancel the contract and/or purchase materials, equipment, or services from the best available source during the time of force majeure, and the Awarded Bidder(s) shall have no recourse against HCPSS. Further, except for payment of sums due, neither party shall be liable to the other nor deemed in default under this contract to the extent that such party’s performance is prevented by reason of force majeure as defined herein.

GG. MINORITY BUSINESS ENTERPRISE PARTICIPATION

There is no MBE participation goal requirement for this solicitation.

HH. SIGN IN PROCEDURES & IDENTIFICATION

1. Work under this contract will take place while school facilities are occupied by staff and often also by students and visitors. All contractor personnel, working in or around buildings designated under this contract, shall have a valid driver’s license or photo ID in their possession at all times. Contractors will be required to provide identification and sign-in and sign-out at the front office when on school premises and wear their HCPSS generated badge will on site. As well, contract employees shall conduct themselves in a professional manner while on The Howard County Public School System’s premises. Any employee found to disregard the nature of the school system’s surroundings shall be removed from the premises and may be prohibited from further servicing the HCPSS contract.

II. CONTRACTOR ON SITE POINT OF CONTACT

1. The contractor shall provide one employee who shall be designated as the onsite point of contact who ensures that service or product is delivered as outlined in terms of the contract and can handle any questions from HCPSS personnel.

JJ. MAINTENANCE OF MANPOWER

1. Any staff changes by the selected contractor(s) must be reviewed and approved by HCPSS prior to any reassignments being made.

KK. RIGHT TO ASSIGN WORK

1. The school system reserves the right to utilize services or products funded through this contract through the use of HCPSS employees or to obtain separate contracts through its normal procurement process according to the best interests of the school system.

LL. RESPONSIBILITY OF BIDDERS

1. The contractor is assumed to have the qualifications, professional standards, safety, and legal compliance applicable to educational and student services and is solely responsible for compliance with health and safety regulations, performing the work in a safe and competent manner, and in procedures required for the work as outlined in these documents.

MM. SCHOOL BUILDING REQUIREMENTS

1. When using school buildings, contractors will ensure that they are clean and neat prior to leaving school location.

2. Contractor shall work between the hours affirmed by the school system’s Contract Manager, or school based designee.

3. Contractor shall…