Division of Financial Management

Department of Procurement

MONTGOMERY COUNTY PUBLIC SCHOOLS

Rockville, Maryland

Invitation For Bid #4042.9

Boiler Supplies and Associated Materials

GENERAL CONDITIONS

A. Intent

The specifications contained herein are intended to cover the furnishing and delivery of boiler supplies and associated materials described herein. Delivery is to be made to MCPS, Department of Facility

Maintenance, 8301 Turkey Thicket Drive, Gaithersburg, MD 20879, and to various MCPS locations and/or offices located within Montgomery County, Maryland as indicated on individual purchase orders. In addition, the Board reserves the right to remove or add additional items to the specifications as our requirements change, as well as, add suppliers throughout the contract term should a need arise that cannot be facilitated by an awarded supplier.

B. Delivery

Delivery will be required within ten days after receipt by the successful bidder(s) of a purchase order issued and signed by the director of the Department of Procurement. On large purchase orders delivery of partial quantities may be required as needs arise. It is not the intent to purchase entire quantities at one time. All cartons shall be delivered on a pallet.

Deliveries to Department of Facility Maintenance will be accepted between 7:00 a.m. and 2:00 P.M.

Bidders shall call 240-740-2500, 24 hours prior to delivery to make an appointment. Deliveries must be accompanied by a shipping/packaging list, reference the Purchase Order. Deliveries without appointment or shipping/packing list will not be accepted by the MCPS staff. Please pay special attention to delivery locations when shipping products.

C. Awards

It is the intention to award this contract to the bidder(s) submitting the most favorable percent discount with consideration being given to any previous performance for the Board of Education as to quality of service and acceptable merchandise, and with regard to the bidder’s ability to perform should they be awarded the contract. Awards may be made to one successful bidder submitting the lowest aggregate quotation on items of a similar nature or on an individual item basis. Bidders are required to stock complete line of product brand they are offering. However, the Board of Education reserves the right to make awards according to the best interest of the Board of Education of Montgomery

County, Maryland.

Awards on percentage off discounts are based on the lowest net cost as determined by the percentage off discount from the manufacturer’s price list or dealer’s price sheets submitted with the bid. Bidders that do not submit price list/catalog prices or flash drives may not be considered for award.

GENERAL CONDITIONS 2 BID #4042.9

D. Contract Term

The term of contract shall be for one year as stipulated on the Invitation For Bid. However, the contract may not begin until one day after approval by the Board of Education and will conclude as stated under the contract term. MCPS reserves the right to extend this contract at existing prices, terms and conditions for up to four additional one year terms. Written notice indicating MCPS’ intention to pursue the extension of the contract will be issued to the successful bidder(s) 90 days prior to the expiration of the original contract. The bidder(s) will have 10 days from the date of notification to return the notice acknowledging its intent to accept or reject the extension. Once all responses are evaluated, MCPS staff may make a recommendation to the Board of Education to extend the contract or decide to rebid. If the contract is extended by the Board of Education a contract amendment will be issued.

E. Provision For Price Adjustment

Unit prices quoted herein are subject to price adjustment downward in accordance with decreases in prices announced by the manufacturer of the subject item anytime prior to award. Recommendations for awards, however, shall be made based on the original bid submission only.

Subsequent to award, the unit prices quoted herein is subject to price adjustment upward or downward in accordance with increases or decreases announced by the manufacturer after the contract award.

The successful bidder must notify the director of the Department of Procurement or his designee of any announced manufacturer’s price reductions and give immediate benefit to MCPS in a proportionate amount.

Reduction of discounts offered shall not be considered the entire contract term; Contractor must provide an update price list to apply the discount to current prices.

Any orders received prior to a request for a price increase shall be honored at the current contract price when order has been placed.

F. Descriptive Literature

When bidding products other than the brand and model specified, bidders are required to furnish with their bid proposal literature properly bound and labeled showing full illustrations and detailed specifications on items bid. The literature and specifications are to be arranged and labeled according to item sequence. The literature shall be clearly marked with the bid number, item number and company name. Bidders shall show the manufacturer’s code and catalog number of the item offered.

Failure to submit marked descriptive literature may result in automatic disqualification.

G. Samples

Samples may be required subsequent to bid opening. Samples must be received within five business days of notification. This will be made in writing or by telephone. Samples shall be sent to the

Department of Procurement, 45 West Gude Drive, Suite 3100, Rockville, MD 20850. The outside of the sample package shall be marked “Samples” and identified with bid number affixed to packaging.

Samples shall be of sufficient quantity to allow thorough testing of the product and shall be packaged in the same manner as they will be packaged during the contract term. Each individual sample

GENERAL CONDITIONS 3 BID #4042.9

submitted shall bear the name of the bidder, item number, bid number and shall be carefully tagged or marked in a substantial manner. If samples are not properly marked, the samples may not be considered. (See Article XXIV of the General Stipulations and Instructions To Bidders).

Failure to deliver samples as required will result in automatic disqualification.

H. Brand Names

Reference to brand names and code or model numbers in the attached specifications is offered as a point of reference in order for bidders to consider style, sizes, weights, and similar characteristics.

The use of such brand names should not be interpreted as the exclusive brand desired.

In the brand column state the brand name, code or model number on each item being offered, even if bidding the specified brand. If a brand and code or model number is not shown your bid may not be considered.

If an item specification shows code or model numbers that have been discontinued, the bidder shall so state and indicate the current code or model number.

I. Interpretation

The commodities listed are specified to meet our minimum requirements. Therefore, bidders are informed that they must provide the items in conformance to quality standards equal to the brand specified.

J. Deviations

All bids meeting the intent of the invitation will be considered for award. Bidders offering and quoting on substitutions or who are deviating from the terms, conditions, and/or specifications shall list such and explain fully on a separate sheet to be submitted with its bid. The absence of such a sheet shall indicate that the bidder has taken no exception and shall be held responsible for performing in accordance with the terms, conditions and specifications as stated herein.

K. Asbestos Free Materials

All Contractors that will be using replacement building materials in schools (i.e., ceiling tiles, floor tiles, mastic, glues, sheet flooring, acoustical soundproofing, plaster, wallboard compound, etc) must submit a laboratory analysis report that verifies that these replacement products do not contain asbestos. This report should be submitted at the time of bid submittal and once a year thereafter, or when there is a change in materials or material supplier. The laboratory must be a member of the

National Voluntary Laboratory Accreditation Program (NVLAP). A list of these laboratories can be found at http://ts.nist.gov/Standards/scopes/programs.htm.

L. Quotations

No bidder will be allowed to offer more than one price on each item even though it may feel that it has two or more types of styles that will meet specifications. Bidders must determine for themselves which to offer. If said bidder should submit more than one price on any item, all prices for that item will be rejected.

http://ts.nist.gov/Standards/scopes/programs.htm

GENERAL CONDITIONS 4 BID #4042.9

A bidder may restrict its bid to consideration in the aggregate by so stating, but shall name a unit price on each item bid upon. Any bid in which the bidder names a total price for all the articles without quoting a price per item will be considered informal. If there is any discrepancy between the unit cost and total cost, the unit cost shall prevail. This solicitation shall be valid for acceptance during a period of no less than 90 days from date of opening. Once the contract is approved, terms and conditions of the solicitation shall prevail throughout the contract period.

M. Multi-Agency Participation

MCPS 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 be 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 required these goods, commodities and/or services. Use of this solicitation by other agencies may be dependent on special local/state requirements attached to and made a part of the solicitation at time of contracting.

The supplier/contractor agrees to notify the issuing agency of those entities that wish to use any contract resulting from this bid and will also provide usage information, which may be requested. A copy of the contract pricing and the bid requirements incorporated in this contract will be supplied to requesting agencies. 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 “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 Bidder. MCPS assumes no authority, liability, or obligation on behalf of any other public or non- public entity that may use any contract resulting from this bid MCPS pricing is based on the specifications provided in this solicitation. A negative reply will not adversely affect consideration of your bid/proposal.

N. eMaryland Marketplace Registration

Maryland law requires local and state agencies to post solicitations on eMaryland Marketplace

Advantage. Registration with eMaryland Marketplace Advantage is free. It is recommended that any interested supplier register at https://emma.maryland.gov/ regardless of the award outcome for this procurement as it is a valuable resource for upcoming bid notifications for municipalities throughout

Maryland. MCPS issues public notices on eMaryland Marketplace however it is the responsibility of the supplier to visit our website for updates on the solicitation.

O. Warranty

The supplier warrants the items delivered to be of the highest quality, complying with specifications and free from all defects whatsoever in workmanship and materials. The supplier agrees that any replacements and/or adjustments made necessary because of such defects will be made promptly without any additional cost and to the satisfaction of MCPS.

https://emma.maryland.gov/

GENERAL CONDITIONS 5 BID #4042.9

P. Quantities

The estimated annual usage dollar amounts indicated on the individual item specifications are estimates based upon prior requirements. MCPS does not guarantee that a similar amount will be purchased during the contract term. The estimates are subject to change and are dependent upon budgetary limitations.

MCPS shall not be obligated to purchase any specific amount.

Q. Telephone Numbers

All bidders must provide a toll free telephone number or provide a collect call service. Please indicate the name of the person to contact on collect calls. Failure to provide no cost telephone service for product clarification or to place an order may result in non-consideration of your bid for award.

Telephone Number Sales Representative

Fax Number

R. Price Lists

Catalog percent off items will be awarded on the basis of a discount percent off factory retail price list.

Discount must be stated as a single percentage. Bidders not offering a single percentage discount off the factory retail price will be considered non-responsive. Bidders MUST furnish two copies of the manufacturer’s price list, which shall become a part of the contract. Failure to submit these documents with your bid may result in automatic disqualification for these items. These prices must remain firm for a minimum of six months less the applicable discount. (Refer to Paragraph E, Provision for Price Adjustment). If the price list shows more than one price, the successful bidder shall clearly mark the column, which represents their bid. The percentage offered will remain firm for the term of the contract.

The cover of the price list shall contain:

1. Bidder’s name, address and telephone number

2. Bid number, Bid opening date/Time

3. Date of Publication

4. Manufacturer

Submission of prices flash drive are acceptable, however, at least one catalog/price sheets must be submitted with bid for evaluation purposes to determine lowest cost to MCPS. Price listing on flash drive or providing a link is acceptable throughout the term of the contract for ordering purposes and price updates (increases or decreases).

New catalogs/price lists shall be provided to the Department of Facility Maintenance as prices change by the Manufacturer.

S. Qualification of Bidders

Bidders are required to furnish satisfactory evidence that they are authorized dealers or manufacturers of the items listed, or regularly engaged in performing the services on which they are bidding and, in both

GENERAL CONDITIONS 6 BID #4042.9

cases, they must maintain a regularly established place of business. An authorized representative of

MCPS may visit any prospective contractor's place of business to determine ability, capacity, reliability, financial stability, and other factors necessary to perform the contract.

T. Ordering

Orders may be placed by telephone by authorized representatives of MCPS. Contact information will be provided upon award. The successful bidder(s) shall be responsible for accepting orders placed only by authorized personnel.

The method of ordering may be through a Blanket Purchase Agreement (BPA) or through the use of the

MCPS purchasing card. Orders will be placed throughout the contract term. MCPS reserves the right to cancel any portion of the estimated funds that have not been used. MCPS encourage the use of the

American Express Card as the preferred payment method for individual purchases.

U. Emergency Purchases

MCPS reserves the right to make emergency purchases from other sources should the awarded vendor(s) be unable to furnish the item in need within the required time frame.

V. Invoicing

All invoices shall be in duplicate and must be included with each delivery. The invoice shall contain the applicable purchase order/release number and name of the authorized representative and depot receiving the supplies. All invoices shall be numbered.

Contractor shall submit invoice in duplicate one copy to the Department of Facility Maintenance, 8301

Turkey Thicket Drive, Gaithersburg, MD 20879 and one copy to the Department of Controller, 45 West

Gude Drive Room 3110, Rockville, MD 20850. The invoice shall contain applicable Purchase Order and the location/office receiving the supplies.

The Contractor Automatic Clearing House (ACH) Program for MCPS allows payments to be deposited directly to a designated financial institution account. Funds will be deposited into the account of your choice automatically and on time. All transactions are conducted in a secure environment. The program is totally free as part of the Department of Controller’s efforts to improve customer service. If you need additional information please email accountspayable@mcpsmd.org

W. Submission of Bids

One original copy of the bid is requested. Bidders may wish to reproduce and retain an additional copy for your files.

Two hard copies of the manufacturer price list/catalogs. Digital price lists are acceptable.

X. Addenda/Errata

Changes and addenda to a solicitation may occur prior to the bid opening date and time. It is the bidder’s responsibility to contact the Department of Procurement, by email to Joey_Redman@mcpsmd.org and

Procurement@mcpsmd.org or check the MCPS event calendar or open solicitations located on the mailto:accountspayable@mcpsmd.org mailto:Joey_Redman@mcpsmd.org mailto:Procurement@mcpsmd.org

GENERAL CONDITIONS 7 BID #4042.9

MCPS procurement webpage http://www.montgomeryschoolsmd.org/departments/procurement/ to confirm that they have all addenda/errata. Failure to acknowledge errata/addenda on the form may result in a bid being deemed non-responsive and consequently rejected.

Y. Customer References

Bidders are required to provide three references. The references shall have company name, contact person, address and phone number of three current customers for which a contract for similar size and products have been provided. If the reference information is not accurate and MCPS cannot contact the person(s) named then your bid may not be considered.

Company Name & Address Contact Phone Contract

Person Number Number

1. _________________________________________________________________________

Email:______________________________________________________________________

2. __________________________________________________________________________

Email:_______________________________________________________________________

3. __________________________________________________________________________

Email:_______________________________________________________________________

Z. Award Criteria

1. Conformance to specifications

2. Ability to perform

3. Price

4. Past performance

AA. Inquiries

Inquiries regarding this solicitation must be submitted in writing, to Jo Redman, Buyer, Montgomery

County Public Schools, 45 West Gude Drive, Suite 3100, Rockville, Maryland 20850. Questions must be received no later than four business days prior to bid opening in order for the bidder to receive a reply prior to submitting its bid. The Board of Education will not be responsible for any oral or telephone explanation or interpretation. Bidder contact with any other MCPS employee regarding this solicitation will be considered by MCPS as an attempt to obtain an unfair advantage and result in non-consideration of its bid. The MCPS Procurement website address is http://www.montgomeryschoolsmd.org/departments/procurement/

GENERAL CONDITIONS 8 BID #4042.9

BB. Contractors’ Obligation Regarding Criminal Records of Individuals Assigned to Work in

MCPS Facilities (N/A)

All MCPS contracts must include the following provisions:

I. Prohibition against assigning registered sex offenders and individuals convicted of sexual offenses, child sexual abuse, and other crimes of violence to MCPS contracts:

Maryland Law requires that any person who enters into a contract with a county board of education

“may not knowingly employ an individual to work at a school” if the individual is a registered sex offender. Under § 11-722 of the Criminal Procedure Article of the Maryland Code, 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 $5000 fine.

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:

a) 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;

b) 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

c) 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 in

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.

Each contractor is required to submit, following award of a contract, documentation confirming that its direct employees and those of any subcontractors and/or independent contractors assigned to perform work in a MCPS school facility under the contract meet this obligation. Additionally, the contractor must confirm that it continues to meet this obligation on an annual basis and/or when there are changes in the work-force that the contractor and/or its subcontractors use to perform the work required by the contract.

Violation of this provision is a material breach of contract for which MCPS may take appropriate action

GENERAL CONDITIONS 9 BID #4042.9

up to and including termination of the contract.

II. Required criminal background check process for certain individuals in the contractor’s workforce:

Under recent amendments to § 5-561 of the Family Law Article of the Maryland Code, each contractor and subcontractor shall require that any individuals in its work-force must undergo a criminal background check, including fingerprinting, if the individuals will work in a MCPS school facility in circumstances where they have direct, unsupervised, and uncontrolled access to children. The term

“work-force” in this and the preceding section refers to all of the contractor’s direct employees, subcontractors and their employees, and/or independent contractors and their employees that the contractor uses to perform the work required by the contract.

Fingerprinting for the criminal background check may be performed by the MCPS Office of Human

Resources and Development, 45 W. Gude Drive, Rockville, MD 20850, or through another service approved by MCPS. Individuals fingerprinted by MCPS will be required to provide written consent, and MCPS will maintain copies of all records for criminal background checks performed by MCPS. If the contractor uses another service approved by MCPS, the results of the criminal background check must be provided to MCPS for record keeping. A list of MCPS approved fingerprinting agencies can be found on the Department of Procurement website at http://www.montgomeryschoolsmd.org/departments/procurement.

The contractor must take appropriate steps to promptly follow up on information identified in the criminal background check related to the sexual offenses, child sexual abuse offenses, and crimes of violence enumerated above, as well as any information regarding offenses involving distribution of drugs or other controlled substances, or any other criminal information identified by MCPS as warranting further explanation insofar as it may significantly affect the safety and security of MCPS students. If, after following up, the contractor believes that the individual is qualified and should be assigned to work (or continue to work) in a MCPS school facility, then the contractor will provide a written summary to MCPS justifying its recommendation. MCPS will rely on the contractor’s summary to determine whether to accept the contractor’s recommendation, and the contractor will be responsible for any consequences of a material misrepresentation in its written summary.

Once the contract is awarded, the contractor is responsible for implementing the background check process. An individual in the contractor’s work-force may not begin work in a MCPS school facility on an assignment where the individual will have direct, unsupervised, and uncontrolled access to children, until: (a) the background check results for that individual have been received by MCPS; (b) the contractor certifies to MCPS that the individual has received training and/or reviewed informational materials, as appropriate, regarding recognizing, reporting, and preventing child abuse and neglect, consistent with the content provided in training for MCPS employees; and (c) the individual obtains a

MCPS identification badge. The badge will be issued by the MCPS Department of Safety and Security, 850 Hungerford Drive, Room 131, Rockville, MD 20850. Appointments are made by calling 240-740-

8091. The contractor will be required to return all badges at the conclusion of the contract.

The criminal background check and badging process will be at the contractor’s expense and shall be completed prior to performing any work.

Violation of this provision is a material breach of contract for which MCPS may take appropriate action up to and including termination of the contract.

http://www.montgomeryschoolsmd.org/departments/procurement

GENERAL CONDITIONS 10 BID #4042.9

Internship Program

MCPS has introduced a new program geared to offer our scholars the opportunity to gain experience with employers before they leave high school by participating is programs such as apprenticeship, internship, site-based work experience and other available programs.

If awarded for the subject bid my company will be interested and willing to offer an MCPS student this opportunity.

If so would you please open the below link and fill out the google sheet, if you are not able to participate please respond to this email at your earliest convenience.

https://www.montgomeryschoolsmd.org/departments/work-based-learning/employers/

A negative reply will not adversely affect consideration of your contract.

Yes, I am interested ________

No, I am unable to participate ________ https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.montgomeryschoolsmd.org%2Fdepartments%2Fwork-based-learning%2Femployers%2F&data=05%7C02%7Claly_a_bowers%40mcpsmd.org%7C9d9bc3214eae45e1ed9f08dd0e393850%7Cddf755e9bcd64a5ea4727c378a78c6c7%7C0%7C0%7C638682361122926859%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=o7sXXv0Y5vIibX1nkx%2FpJfzmB7B5BY9yjbkNDOWQmag%3D&reserved=0