4-RFP 91572-261 School Photos.pdf

Wicomico County Public Schools (WCPS) prohibits illegal discrimination based on race, ethnicity, color, ancestry, national origin, religion, immigration status, sex, gender, gender identity, gender expression, sexual orientation, family/parental status, marital status, age, physical or mental disability, poverty and socioeconomic status, language, or other legally or constitutionally protected attributes or affiliations and provides equal access to the Boy Scouts and other designated youth groups. Discrimination undermines our community’s long-standing efforts to create, foster, and promote equity, inclusion, and acceptance for all.

REQUEST FOR PROPOSAL

#91572-261

SCHOOL PHOTOGRAPHIC SERVICES

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

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TABLE OF CONTENTS

PROPOSAL DOCUMENTS: The RFP Documents consist of the following:

00030 – Notice to Proposers

00090 – Instruction to Proposers

00095 – Scope of Work

00100 – General Conditions

00110 – Supplementary Conditions

00300 – Technical Proposal Instructions

00301 – Proposal Form – Pricing (also separate writable file)

00310 – Proposal Affidavit (also separate writable file)

Attachment A – References (also separate writable file)

Attachment B – WCPS School List

Business Support Services

NOTICE TO PROPOSERS

The Wicomico County Public Schools (WCPS) will receive sealed bids for School Photographic Services, K-12 for various Schools in Wicomico County, Maryland on May 20, 2026, by 2:00 PM EST.

Proposal responses must be submitted electronically at:

Euna/Bonfire Portal https://wicomicoschools.bonfirehub.com/portal/?tab=openOpportunities

No Proposer may withdraw their Proposal prior to ninety (90) days of the date and time of RFP opening. The Board of Education may extend the time and place for the opening of Proposals by notification via addendum in the above designated portal.

The Wicomico County Public Schools (WCPS) reserves the right to reject any or all Proposals and waive formalities, informalities, and technicalities therein. The Board 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 Board.

Certified Minority Business Enterprises (MBE) are encouraged to respond to this solicitation notice, but an MBE Plan is not required.

Deanna Robertson Deanna Robertson Buyer purchasing@mywcps.org https://wicomicoschools.bonfirehub.com/portal/?tab=openOpportunities

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INSTRUCTIONS TO PROPOSERS

1. QUESTIONS & 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, Proposal Documents, and/or Request for Proposal (RFP), they may submit a written request for an interpretation thereof, delivered to purchasing@mywcps.org with a cc to droberts@mywcps.org no fewer than seven (7) working days by 4:00 PM EST 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 Terms, Conditions, and Specifications that are not provided in writing via addendum.

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

WCPS will not negotiate exceptions after the submission of the Proposal. Failure to provide a list of all exceptions may result in withdrawal of award.

3. INTERPRETATION OF THE TERM "EQUAL": The Board of Education of Wicomico County (Board) 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: The Board reserves the right to award an item to other than the lowest price Proposal 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 Board, whether based on product samples, objective test, subjective test, or experience.

5. EVALUATION OF PROPOSALS: The Procurement Manager may request additional documentation during the evaluation of Proposals.

This additional information may include, but is not limited to, the following:

A. Schedule of Values.

B. List of sub-contactors.

C. Evidence of licensing of Prime contractor and sub-contractors.

D. Evidence of insurance, bonding.

E. A Best and Final Offer

6. PROPOSAL SUBMISSIONS: All Proposals must include the Proposal Form - Pricing included in the RFP Documents signed by an officer capable of committing the offeror to contractual relationships.

mailto:rkonrad@mywcps.org

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A. Any Proposal may be withdrawn prior to the RFP’s due date and time; however, all Proposals are considered final after the date and time for receipt of Proposals. Final Proposals may not be altered, withdrawn, or canceled, for a period of 90 days after the time and date designated for receipt of Proposals.

B. Proposals must be delivered to the Purchasing Department via the submission portal mentioned in the Notice to Proposers.

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

7. ANTI-COLLUSION: By signing the Proposal Form, the Proposer 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 Board, acts in collusion 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 Proposal, the offeror agrees that he understands and is 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. TOBACCO-FREE SCHOOLS POLICY: All on site contractors, sub-contractors, and sub-sub-contractors must comply with the Board'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."

11. 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.

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12. 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:

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 individuals in its work-force must undergo a criminal background check if the individuals have direct unsupervised, and uncontrolled access to children.

13. TAXES:

A. Nothing in these Terms and Conditions and Specifications shall be construed as relieving the Contractor of his responsibilities 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.

14. NONDISCRIMINATION:

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

Maryland, State Finance and Procurement Article 13-219, discrimination on the basis

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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.

15. 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. An MBE Plan is not required for this RFP.

END INSTRUCTIONS TO PROPOSERS

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SCOPE OF WORK

1. PROGRAM DESCRIPTION

A. STUDENT FALL/SPRING PHOTOS: These School Photo plans shall be a "pre-pay" plans.

1) The Contractor shall be eligible, as assigned, to take Student Fall Photos for all 26 schools. Enrollment numbers and school addresses available upon request. Spring photos will be taken for all schools except high schools.

2) All scheduling and arrangements will be conducted between a representative of the Contractor and the Principal or their designee of the school location, to the mutual satisfaction of both.

3) It will be the Contractor's responsibility to initiate contact with the school. The Contractor shall contact each school in the spring and/or summer period to arrange the school's picture calendar for the coming year.

4) Yearbooks: School Principals will have the sole decision to select the Contractor of their choice each school year for yearbook services. The vendor selected for school portraits must be used for the yearbook.

5) Photo Packages:

a. The Contractor shall provide each school with enough “order packages" to provide each student with a package two weeks prior to picture day. Additional order packages should be included to account for loss.

b. The package shall include the brochure information, an order form and a payment envelope which shall have picture date listed.

c. The “order package” shall be approved by the Procurement Office and shall be designed to explain the program to the parents.

d. Discounts shall be available for families with multiple siblings (more than one).

e. At least three (3) backgrounds must be made available during picture taking.

f. The Procurement Office shall receive one copy of all materials sent home with the students for each school prior to distribution to the school.

6) The Contractor shall also provide a reminder handout to be distributed the day before the picture day if requested by the Principal.

7) No sooner than one week prior to the picture day, the Contractor shall contact each school to confirm the readiness of the school.

8) The Contractor shall completely photograph each school in one day (teachers and staff included, absences excluded). The Principals, at their discretion, may devote more than one day to the project.

9) All schools Fall Photos shall be completed before the second week of October unless authorized by the Principal. Spring Photos shall be completed by March 1.

10) Each child shall bring his/her payment and completed picture package decision on picture day. Online and in person payment options must be offered.

11) The Contractor shall collect all funds. The Contractor shall provide sufficient personnel to collect payments during the photo sessions in such a way that photography sessions are not interrupted.

12) The Contractor shall keep accurate bookkeeping records while processing the picture package requests. A copy of these bookkeeping records shall be given to the school office on picture day. A detailed accounting will be provided to each school, and the Accountant III, within thirty (30) calendar days of each picture day.

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This report shall include the following as a minimum:

• Number of students photographed

• Number of students purchasing photos

• Number of each photo option sold

• Net sales (without sales tax)

• Sales tax

• Gross sales (with sales tax)

• Commission to School (Percent times net sales)

13) A separate list including the students name and package(s) purchased shall be provided to each school.

14) Picture packages shall be returned to the school within four (4) weeks of picture day with the students’ name alphabetical by homeroom listed on the package. Each school will determine which class period is “homeroom” for picture purposes. The homeroom teacher shall distribute to their students.

15) Parents who wish to have photos re-taken, students who have not received their photo package, and students who were absent or forgot their payment will have an opportunity for re-takes in sufficient time for all Fall school photos to be complete and in the parents' hands prior to December 15. All Spring Photos to be completed and in the parents’ hands prior to April 15.

16) The Principal, not the Contractor, has the authority to approve a retake request.

17) The Contractor shall bear the risk of lost pictures and missing monies.

18) Staff members shall be able to purchase photo packages at the same cost as students. NO STAFF MEMBER MAY ACCEPT FREE PICTURE PACKAGES.

19) On picture day, if a student or staff is not on the list that was provided, the Contractor should obtain this information from the school. The school can provide a complete list alphabetized of students and staff with ID numbers prior to the shoot.

20) The WCPS Enterprise Applications Department shall provide the Contractor with the student ID card information no more than 7-10 days prior to picture day. This information shall be provided in a digital format. The preferred delivery of this information would be to upload the data in a CSV format to a secure server.

21) The Contractor shall provide the WCPS’s Enterprise Applications Department with the data requirements by July 15 of each contract year for Fall Photos.

22) Commission Payment shall be made to each school within thirty (30) calendar days of each picture day and make-up picture day. Therefore, each school shall receive at least two checks, one for the Fall Photo Program and at least one check for the Spring Photo Program.

23) All photographs must be in color, digitally produced, printed on professional archival paper, or its equivalent. All pictures shall be delivered in a protective envelope and the company shall guarantee a retake or refund to customers dissatisfied with the product at no charge to the consumer. Foremost, the quality of the portraits shall be acceptable to the Principal, and if necessary, be retaken at the photographer’s expense.

B. STUDENT PHOTO ID CARDS: ID Cards shall be provided for students (where required) at no cost. These cards shall be delivered to each school no later than twenty-one (21) calendar days after initial picture day.

1) The student ID card shall have the following information:

• Name

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• Grade, (Homeroom if required by School)

• School year

• School colors with logo (as approved by Principal)

2) The cards shall be delivered to the schools in homeroom “sort order”.

C. Senior Graduation Pictures: The Contractor must photograph each graduate at the graduation ceremony and mail them color proofs.

1) Time, date and location of graduation ceremonies will be provided to the

Contractor by the Principal at least ninety (90) days prior to the graduation date.

2) Contractor’s photographer(s) must be appropriately dressed to reflect the occasion.

D. Panoramic Senior Class Pictures: The Contractor must take a panoramic picture for all school levels upon request at no charge.

1) Time, date and location of pictures will be determined by the Principal and provided to the Contractor at least thirty (30) days prior to the date.

2) The Contractor is to email proofs to the Principal within one (1) week.

3) The Contractor will provide the Principal and/or yearbook advisor with one 12” x 24” picture at no charge along with an electronic copy emailed to the Principal.

2. THE CONTRACTOR SHALL PROVIDE THE FOLLOWING SERVICES AT NO

CHARGE TO THE BOARD OR SCHOOL:

A. Provide each school with a minimum of one (1) color proof for record photos.

Each photo shall have the student's name (first, last and middle initial), school year and teachers’ name (if applicable)

B. Provide all secondary schools (and elementary schools that request them) with a yearbook picture (one 2 x 3 black & white print) of each student positively identified with name (first, last and middle initial), grade and year.

C. Student ID cards for all secondary school students.

D. Class color photos will be taken in March or April with a student individual photo session. The specific date must be approved by each Principal. One class photo will be provided for each Elementary School at no charge. Class photos must include the name of the school, teacher, and school year. A book of all class photos will be provided at each school at no charge.

E. Access to the secure site to download staff and student photos for the school.

Each photo will be named with the ID of the student or staff.

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3. GENERAL REQUIREMENTS:

A. All services to be provided as needed to all 26 schools - Enrollment numbers and school addresses available upon request.

B. No service charges or late fees of any kind may be levied against the school or students for these services.

C. All schools shall receive the same commission rates for similar services.

D. Price of photo packages advertised to and sold to the students/staff must include all sales tax and delivery charges. Sales tax is the responsibility of the Contractor and may not be added to the cost of the package. The report must, nevertheless, reflect the amount of sales tax.

E. All school staff must be offered the same packages at the same prices as students.

F. No offers shall be made to the students of Wicomico County except that which is expressly identified in this description without the prior written approval of the Board of Education.

G. Prints must be produced on professional-grade photographic paper (minimum

230 gsm). Finish shall be Luster or Silk featuring a fine-grained texture to resist fingerprints and reduce glare.

H. All photo packages must be provided for the school in the same order as the pictures were taken. The Principal will determine what order students will be photographed. All packages must be positively identified with the student's first name, last name, and middle initial.

I. At the Principal's discretion, the Contractor must provide a direct mail sales option that will bypass the above outlined procedures. All other terms and conditions, including commission rate, still apply.

END OF SECTION

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GENERAL CONDITIONS

1. DEFINITIONS:

Addendum: Written change or revision to the RFP Documents issued to the prospective Proposers prior to the time of receiving Proposals.

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

2. CONTRACT DOCUMENTS:

A. The RFP Documents as modified by any addenda and the Proposal shall become the Contract Documents upon award by WCPS.

B. The Contract Documents shall include:

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

2) The completed Technical Proposal Form and the Proposal Pricing Form.

3) And any additional information required with the Proposal Forms.

4) 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:

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

2) The completed Technical Proposal Form and the Proposal Pricing Form.

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:

The Contractor shall confine their operation to those areas permitted and authorized by the school Principal. The use of Board's facilities (toilets, restrooms, lunchrooms, dumpsters, etc.) and utilities are strictly prohibited unless previously authorized and approved by the school Principal.

The Contractor may park only in those areas designated by the school Principal.

4. SUBCONTRACTORS:

No subcontracting is permitted. All photographers must be seasoned photographers having worked with all school age groups of children.

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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.

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. TERMINATION:

A. Breach:

1) 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.

2) Such termination shall not relieve Contractor of any liability to WCPS for damages sustained by virtue of any breach by Contractor.

B. Convenience:

1) The Contract may be terminated by WCPS in whole or in part at any time, in the best interest of the Board. If the Contract is terminated before normal completion, the Contractor will be paid for all work performed up to that point in the Contract.

2) Notice: In termination of the Contract WCPS will typically provide thirty (30) days written notice to Contractor.

8. CONFIDENTIAL/PROPRIETARY INFORMATION:

A. All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure.

B. Proposers should give specific attention to the identification of those portions of their Proposals which they deem to be confidential, proprietary information or trade secrets, and provide justification of why such materials, upon request, should not be disclosed by the State under the Access to Public Records Act, State Government Article, Title 4

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of the Annotated Code of Maryland. (It is NOT acceptable to preface your entire proposal with a proprietary statement).

C. Any request for review of competitors submissions after the selection process is complete will result in all submissions being made avaialble to all vendors who submitted.

D. Proprietary technical data, confidential commercial, personell, and financial information may be protected from disclosure subject to the provisions of the Maryland PIA, provided the proposal properly identifies the confidential information Proposers may be required to submit a redacted version of the proposal that reflects which information you seek to protect from disclosure for confidential technical data and/or commercial/financial reasons within 5 working days to purchasing@mywcps.org.

NOTE: Pricing information is not typically considered exempt from disclosure unless directly tied to proprietary processes or procedures.

E. Final determination of whether such records will be disclosed, whether in redacted or unredacted form, is within the sole discretion of the Wicomico County Public Schools.

9. 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 Procurment 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 a 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.

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F. All Proposers should have current Certificate of Insurance (ACORD form) included with the submission. Failure to provide the ACORD certificate may result in the Proposer’s offer being considered non-responsive.

The Certificate of Insurance shall be provided in the RFP submission with the Proposal Pricing Form 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.

10. HOLD HARMLESS:

A. The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless the Board, its 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.

11. 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.

12. 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 Sub-contractors shall comply with Sections 6360, et. seq. of the Labor Code, together with Title 22 with regard to hazardous substances in the work place.

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The Contractor and each Sub-contractor 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.

13. 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 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."

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 as authorized 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. DAMAGE:

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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

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SUPPLEMENTARY CONDITIONS

1. INTENT: These Conditions and Specifications are intended to cover pricing for all photos and yearbooks at the time of RFP submission and furnishing and delivery of School Portraits and Yearbooks to Wicomico County Public Schools (WCPS). The successful Proposer is to provide labor, material, freight, equipment and supervision as necessary to successfully perform this contract.

2. PERIOD OF CONTRACT:

A. The Contract period shall begin upon award and remain in full force and effect until June 30, 2029, unless terminated or extended by the WCPS.

B. In addition, the Contract shall have two (2) one-year options of renewal. The options must be mutually agreed upon.

C. Price adjustments from year to year must be approved by the Purchasing Department as outlined in these Contract documents.

D. Commission Payment shall be made to each school within thirty (30) calendar days of each picture day and make-up picture day. Therefore, each school shall receive at least two checks, one for the Fall Photo Program and at least one check for the Spring Photo Program.

3. SCHOOL CHOICE:

WCPS reserves the right to award to multiple Contractors. After WCPS approves the awarded proposer(s), each school will contact their preferred vendor. Upon award, the schools will review the information and make their selection.

From that point, it will be the Contractor’s responsibility to communicate with the schools.

Schools may change their choice of school portrait Contractor at any time as long as the current portrait/yearbook cycle, not necessarily the school year, has been completed. The school Principal will inform the Accountant III at Central Office, as well as the Purchasing Office of their decision.

4. RFP DOCUMENTS:

The RFP Documents consist of those documents listed in the table of contents of this RFP packet as well as any and all addenda.

5. METHOD OF PROPOSAL:

A. The RFP documents and the signed Proposal Forms with documentation and appropriate attachments are to be submitted as an offer via the specified solicitation portal.

B. Responses must be submitted on the basis of Technical Proposal Form as well as Price

Proposal Form submitted as two separate files in the designated slot in the portal.

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C. 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.

6. BASIS OF AWARDING:

This RFP will be scored based on the following criteria:

A. The RFP will be evaluated based on a scoring matrix outlined in this RFP.

B. WCPS reserves the right to ask for a Best and Final Offer (BAFO) to do the final evaluation of the submissions.

C. WCPS also reserves the right to reject any or all offers and waive formalities, informalities and technicalities in any offer.

D. In awarding the contract(s), consideration may 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.

E. 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 price offer.

7. SAMPLES:

A. Samples are required for the items offered. Samples are to be labeled clearly giving them number and name of item.

B. SUBMISSIONS WILL NOT BE CONSIDERED RESPONSIVE UNLESS THESE

Factor Category Weight Key Evaluation Factors

1 Technical Qualifications 20% Industry experience (min. 3 years), reference quality, and licensing.

2 Product Quality & Samples 20% Quality of samples provided and selections offered.

3 Operational Capability 15% Scheduling logistics, staffing levels, and ability to meet strict

Fall/Spring deadlines

4 Data Privacy & Security 15% Encryption standards, U.S. server location, and student data protection protocols.

5 Price & Commission 30% Competitive package pricing and commission rates offered to schools.

TOTAL 100%

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SAMPLES ARE SUBMITTED WITH PROPOSAL.

Samples will become the property of the Board.

C. A package of all handouts, brochures, and payment submission envelopes that will be provided to Wicomico County Public Schools.

D. Two samples of each size photograph covered by this Proposal printed in the style and on the paper to be used under the terms of this contract. One photo set must be of a Caucasian student. One photo set must be of an African American student.

8. PIGGYBACKING:

A. The Board may offer, upon request to any public education agency; any government, non-profit entity within the State of Maryland, a chance to purchase any and all items in this Proposal.

B. The successful supplier is expected to honor all the Terms and Conditions of this

Contract for purchase orders from these agencies. WCPS assumes no obligation on behalf of any of these organizations.

9. BIDDER QUALIFICATIONS AND REFERENCES

A. Bidder must be a licensed supplier of the class required by Maryland Statutes for executing the work being bid. Bidder must have at least three (3) years of successful photography experience in the type of work involved in this project and must have successfully performed work similar in scope to the work proposed in this project.

B. Identify all full-time and part-time staff who would be assigned to work directly with WCPS in the event of an award. Also provide employee qualifications, education, work experience, and a narrative description of the work responsibilities of each individual for this project.

C. Evidence of Bidder’s qualifications and at least three (3) references (Attachment A) shall be submitted with the Proposal in a separate file. Failure to include this information may result in the bid being declared non-responsive.

10. DATA PRIVACY AND CYBERSECURITY

A. The vendor shall comply with all applicable State and Federal laws and regulations regarding student data privacy, including but not limited to the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g), the Children's Online Privacy Protection Act (COPPA) (15 U.S.C. §§ 6501-6506), and the Maryland Student Data Privacy Act of 2015 (MD. Code Ann., Educ. § 4-131).

B. For the purposes of this Proposal, "Covered Information" includes any student "Personally Identifiable Information" (PII) provided by WCPS and all photographic images, digital files, and biometric identifiers captured by the Contractor during the performance of services.

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C. The Contractor shall implement and maintain a holistic information security program. All Covered Information must be:

• Encrypted at rest using AES-256 or a stronger industry-standard algorithm.

• Encrypted in transit via TLS 1.2 or higher for all web-based transfers.

• Stored on servers located exclusively within the United States.

D. The Contractor is strictly prohibited from using Covered Information for:

• Targeted advertising or marketing to students or their parents/guardians.

• The creation of student profiles for non-educational purposes.

• The training of artificial intelligence (AI) models, facial recognition algorithms, or machine learning databases, unless specifically authorized in writing by WCPS.

E. In the event of In the event of a "Security Incident" (defined as any unauthorized access, acquisition, or disclosure of Covered Information), the Contractor shall:

• Notify the WCPS Chief Technology Officer within forty-eight (48) hours of discovery.

• Fully cooperate with WCPS in the investigation and remediation of the breach.

• Indemnify, defend, and hold harmless WCPS from any and all claims, losses, or damages arising out of the Vendor’s failure to secure Covered Information.

F. The Contractor shall retain Covered Information only for the duration necessary to fulfill the deliverables (e.g., yearbooks, ID cards). Within sixty (60) days of the conclusion of the school year or termination of this Agreement, the Vendor shall:

• Securely delete all Covered Information from its primary servers and backups.

• School data storage devices must be decommissioned in accordance with the

National Institute of Standards and Technology (NIST) SP 800-00 Guidelines for Media Sanitation.

• Provide a written Certificate of Destruction to the WCPS Procurement Office.

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TECHNICAL PROPOSAL INSTRUCTIONS

(DO NOT INCLUDE PRICE INFORMATION)

1. General:

All responses to the Technical Proposal Form must include the following information in the sequence and format prescribed in this section.

Failure to submit any of the required information may result in the bid being declared non-responsive.

A. Submit one (1) electronic of each file in the Electronic Solicitation Portal as per the

Section 00030 – Notice to Proposers.

B. Technical Proposal is to be submitted as a separate file from the Proposal Form - Pricing.

C. Format - Provided in PDF format for all files.

2. Required Elements:

The information requested below is to be provided in this numbered format. Respondents shall carefully read the information below and submit a complete response to all required elements. Incomplete responses may be considered non-responsive.

A. Proposal Form.

1) Provide the response to the RFP Scope of Work.

B. Project Experience

1) Submit information on the form supplied (Attachment A) of three (3) successfully completed projects with similar scope which have achieved substantial completion within the past five (5) years.

2) Provide a resume of the firms project lead including their past experience with similar projects.

3) Do not include WCPS as a reference.

C. Project Staffing and Schedule.

1) Provide a projected schedule.

2) Provide a staffing matrix including primary point of contact and secondary point of contact.

D. Provided Documents:

1) Section 00300 Technical Proposal including:

Narrative responses to the scope of work requirements of this RFP as well as a staffing matrix and delivery timeline.

2) Section 00301 Price Proposal Form (Submitted separately in the portal) https://wicomicoschools.bonfirehub.com/portal/?tab=openOpportunities

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3) Section 00310 Proposal Affidavit (Submitted separately in the portal)

4) Attachment A – References with similar scope of work (Submitted separately in the portal)

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PRICING PROPOSAL FORM

Wicomico County Public Schools, We have examined and understand the Conditions and Specifications for the furnishing of School Photographic services for WCPS in Wicomico County, Maryland.

All Addendums must be acknowledged below.

Addendum #1 ____ Addendum #2 ____

Addendum #3 ____ Addendum #4 ____

Others _______________________________________________

Any exceptions to the Scope of work or Terms and Conditions must be attached to this Price Form. Failure to do so may result in disqualification after award.

We agree to furnish and deliver those items for which our proposal 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 Name _________________________________________________________________

Address __________________________________________________________________

City/State/Zip __________________________________________________________________

Phone Number ________________ Email ___________________________________

Name (Printed) Title

Signature Date

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DOCUMENTS REQUIRED TO BE SUBMITTED WITH THE PROPOSAL PRICING FORM:

Checklist:

• PRICING SHEET (Next Page) ____

• 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.

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Pricing Sheet

Fall & Spring Photos

Item Description Rate

1 Commission Rate Photos Commission %

2 Minimum Commission Per Student Cost

Fall and Spring Packages Pricing

Item Photo Packages (Grades K-11) Description of Package Cost

1 Entry

2 Basic

3 Standard

4 Digital Only

5 Plus

6 Premium

7 8 x 10 Class Photo

Wicomico County Public School

CONTRACT AFFIDAVIT

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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

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…