4111.8 General Conditions.pdf

Division of Financial Management

Department of Procurement

MONTGOMERY COUNTY PUBLIC SCHOOLS

45 West Gude Drive, Suite 3100

Rockville MD 20850

Invitation for Bid – 4111.8, Overhead Door Installation and Repairs

GENERAL CONDITIONS AND SPECIFICATIONS

GENERAL CONDITIONS

A. Intent

The specifications contained herein are intended to cover the repair of overhead doors, and installation of new doors as required. Repairs are to be made for individual locations under the direction of the Montgomery County Public Schools, (MCPS), Department of Maintenance, 8301

Turkey Thicket Drive, Bldg A, 1st Floor, Gaithersburg MD 20879.

B. Delivery

Services may begin upon receipt by the successful bidder of a purchase order issued and signed by the director of the Department of Procurement. Work orders will be released as needs arise for the installation of new doors or for repairs on existing doors.

In an emergency situation, the director of Division of Facilities Management or their designee;

the director of the Department of Materials Management or a designated representative may place a call, day or night, against this contract and the contractor shall respond within eight hours to complete repairs as required. MCPS will have a representative on the project that will be responsible for advising the contractor of the problem and signing off on the contractor’s record of time and materials. The contractor shall provide a cell phone number, for emergency use outside normal business hours.

In other than an emergency situation as described above, the contractor is expected to respond within twenty-four hours to calls for service. Again, MCPS will have a representative on the project that will be responsible for advising the contractor of the problem and will sign-off on the contractor’s record of time and materials.

C. Contract Term

The term of the 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 of Montgomery

County, Maryland (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

GENERAL CONDITIONS 2 BID # 4111.8

of the original contract. The bidder(s) shall have 10 days from the date of notification to return the notice acknowledging 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 to rebid. If the contract is extended by the Board of Education, a contract amendment will be issued.

D. Descriptive Literature

All bidders are required to furnish with their bid response literature properly bound and labeled showing full illustrations and detailed specifications on items bid even if bidding as specified. 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 manufacture’s code and catalog number of the item offered. Failure to submit marked descriptive literature may result in automatic disqualification.

E. Interpretation of Specifications

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

F. Samples – N/A

Samples are required prior to or at bid opening on all items unless bidding the specified brand and model, or when noted on item specifications as “Sample Required”. Samples shall be separate from the bid response. 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 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). Samples are required prior to or at bid opening time and shall be separate from the bid response and shall be delivered to the Department of Procurement, 45 W. Gude Drive, Suite

3100 Rockville, Maryland 20850.

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

G. Brand Names – N/A

The brand names and code or model numbers in the attached specifications are the exclusive brands desired and substitutions will not be considered at this time.

The detailed specifications for each item are offered as a point reference in order for bidders to

GENERAL CONDITIONS 3 BID # 4111.8

consider style, sizes, weight and similar characteristics.

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.

Specification descriptions that state “only a specified brand will be considered” are brands that have been evaluated and tested for inclusion on this bid and are the only brands acceptable at this time. Other brands will be evaluated and tested by MCPS if materials are submitted at no cost to MCPS.

H. 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 the 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.

I. Quantities

Quantities in this request are based upon prior usage and are subject to change and are dependent upon current requirements of MCPS and on budgetary limitations. However, MCPS shall not be obligated to purchase any specific quantity. Orders will be placed from time to time throughout the contract term for delivery to individual locations.

J. Quotations

No bidder will be allowed to offer more than one price even though it may feel that it has two or more types of styles that will meet the specification. Bidders must determine for themselves which to offer. If said bidder submits more than one price, all prices shall be rejected. However, this stipulation does not preclude the offering of a new product that does not meet the specification, in every respect, from being offered as a new item on future bids. Such product should be identified as a new product and a brief explanation written as a part of the offer detailing the advantages which can normally be expected of this product over the specified.

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.

Labor Rates: Bidder shall indicate their company’s labor rate for providing repair services as described. Labor rates shall be all inclusive, including all direct and indirect costs such as fringe benefits, profit, overhead, and administrative costs. Travel time shall be included. No other charges will by accepted.

GENERAL CONDITIONS 4 BID # 4111.8

Regular/Overtime rates: Regular rate cost will represent work performed Monday through

Friday, 6:00 A.M. until 6:00 P.M. Overtime rate will represent work performed Monday through Friday 6:01 P. M. until 5:59 A.M. including weekends and all MCPS holidays.

K. Warranty and Service

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 cost to MCPS and to the satisfaction of MCPS.

Failure to submit written certification may result in automatic disqualification.

L. Emergency Purchases

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

M. 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 any time prior to the award. Recommendations for awards, however, shall be made based on the original bid submission only. Subsequent to the award, the unit prices quoted herein may be subject to price adjustment upward or downward in accordance with increases and decreases announced by the manufacturer after the contract award. The successful bidder must notify the director(s) of the

Department of Food and Nutrition Services and the Department of Procurement of any announced manufacturer’s price reductions and give immediate benefit to MCPS in a proportionate amount.

Price increases will not be considered for the first 90 days of the contract. Thereafter, the successful bidder must submit a written request for price relief. The request for a price increase shall include documentation from the manufacturer to verify the basis for such a request.

MCPS reserves the right to accept or reject the request as may be determined to be in the best interest of MCPS. If the request for a price increase is approved, a contract amendment will be issued. Any orders received by the bidder prior to a request for a price increase shall be honored at the original contract price.

N. Special Conditions

1. Audit Provisions – MCPS shall have the right to examine the successful bidder(s) records pertaining to work performed under the contract to determine and verify their compliance with all contractual conditions. MCPS shall be granted access to such records at all reasonable times during the contract period and for three years thereafter.

GENERAL CONDITIONS 5 BID # 4111.8

2. Contingent Fee – The successful bidder(s) hereby represents that they have not retained anyone to solicit or secure this contract from MCPS upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for bona fide employees or bona fide established commercial selling agencies maintained by the person so representing for the purpose of securing business, or any attorney rendering professional legal services consistent with applicable canons of ethics.

3. Assignments – Neither this contract nor any interest therein nor claim there under shall be assigned or transferred by the successful bidder(s) except as expressly authorized in writing by

MCPS and no contract shall be made by the successful bidder(s) with any other party for furnishing any of the work or services herein contracted for without the written approval of

MCPS.

4. Disputes – Any dispute concerning a question of fact arising under this contract shall be disposed of by written agreement between the contractor and the contracting officer. Pending the final decision of a dispute hereunder, the contractor shall proceed diligently with the contract performance.

O. Customer References

Bidders shall provide three references with their bid submission. The references shall have company name, contact person, address and phone number of three current customers for which a contract for similar size and type of project has been provided. If the reference information is not accurate and MCPS cannot contact the person(s) named then your bid may not be considered. MCPS may request additional references.

Note: ALL BIDDERS must provide references, including bidders currently engaged in business with MCPS.

Company Name & Address Contact Phone

Contract

Person Number

1.__________________________________________________________________________

Email ______________________________________________________________________

2.__________________________________________________________________________

Email ______________________________________________________________________

3.__________________________________________________________________________

Email______________________________________________________________________

GENERAL CONDITIONS 6 BID # 4111.8

P. Invoicing

All invoices shall be submitted in duplicate and must be included with each delivery. The invoice shall contain the purchase order number and name of the authorized representative and location receiving the supplies. All invoices shall be numbered. To better serve you with fast payments, MCPS now offers Automated Clearing House (ACH) electronic payments and

Single Use Accounts (SUA) payments. For payment inquiries of pending invoices after award and/or to obtain more information on ACH or SUA requirements email Accounts Payable. (See

Article XIII, Invoices of the General Stipulations and Instructions to Bidders).

Q. Submission of Bids

One original and one copy of the bid are requested. The cover page of each copy must be clearly marked original or copy. Bidders may wish to reproduce and retain an additional copy.

R. eMaryland Marketplace Advantage

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

Advantage. Registration with eMaryland Marketplace 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.

S. 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.

mailto:accountspayable@mcpsmd.org https://emma.maryland.gov/

GENERAL CONDITIONS 7 BID # 4111.8

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.

T. Award Criteria

1. Conformance to specifications

2. Ability to perform

3. Price

4. Past performance

U. Award

It is the intention to award this contract to the bidder(s) submitting the most favorable unit prices 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 it 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. However, the Board of Education reserves the right to make awards according to the best interests of the Board of Education. In addition, the Board of Education 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.

V. Addenda/Errata

Changes and addenda to a solicitation may occur prior to the solicitation opening date and time. It is the sole responsibility of the bidder to check the “Event Calendar” on the MCPS website, Department of Procurement or contact Jo Redman, Buyer, in the MCPS

Department of Procurement at 240-740-7539 to verify whether addenda/errata have been issued. Failure to provide the signed acknowledgement of the addenda/errata may result in the bid being deemed non-responsive.

https://ww2.montgomeryschoolsmd.org/calendar/mcpsbids.aspx

GENERAL CONDITIONS 8 BID # 4111.8

W. Inquiries

Inquiries regarding this solicitation must be submitted in writing to Jo Redman, Montgomery County Public Schools, Department of Procurement, 45 W. Gude Drive

Suite 3100 Rockville, Maryland 20850 or email to Joey_Redman@mcpsmd.org and

Procurement@mcpsmd.org. Questions shall 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 until the contract is awarded by the Board of Education will be considered by MCPS as an attempt to obtain an unfair advantage and result in non-consideration of its bid. The

Department of Procurement website is Department of Procurement.

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

MCPS Facilities

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;

mailto:Joey_Redman@mcpsmd.org mailto:Procurement@mcpsmd.org http://www.montgomeryschoolsmd.org/departments/procurement

GENERAL CONDITIONS 9 BID # 4111.8

(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 up to and including termination of the contract.

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 at any fingerprinting agency approved by the State of Maryland. A list of MCPS approved fingerprinting agencies can be found at the Department of Procurement website at Department of 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 http://www.montgomeryschoolsmd.org/departments/procurement

GENERAL CONDITIONS 10 BID # 4111.8

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 Systemwide Safety and Emergency Management, 850 Hungerford Drive, Room 131, Rockville, MD 20850. Appointments are made by calling 301-279-3066. 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.

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.

GENERAL CONDITIONS 11 BID # 4111.8

Y. Work-Based Learning for Employer

In an effort to build a robust program to offer students work opportunities through apprenticeships and internships, MCPS partners with employers to find talented youth for high demand careers.

MCPS trains and supports youth employees for your organization so you can help our talented youth move into careers that support your business.

Please acknowledge below your interest in partnering with MCPS and the work-based learning program. If you are not interested in participating in this program, it does not impact the award of this bid favorably or negatively.

Yes, I am interested in partnering ____________________

If yes, please complete the information in the following link and someone will contact you with more information:

MCPS Employer Interest Form

No, I am not interested in partnering __________________

ADD any Detailed Specifications https://www.montgomeryschoolsmd.org/departments/work-based-learning/employers/ https://www.montgomeryschoolsmd.org/departments/work-based-learning/employers/ https://docs.google.com/forms/d/e/1FAIpQLSeneDlCM1ric_Ln7Nc1TikWcrn4Txc50RaxS-6nCF_S6Vc5eQ/viewform