4611.1 Tobacco Cessation FINAL.pdf

May 22, 2024

RFP Number: 4611.1

Due Date: June 12, 2024

Open Time: 2:00 p.m.

To: Prospective Respondents:

The intent of Montgomery County Public Schools (MCPS) is to prequalify one or more highly-qualified

Contractor(s) to provide comprehensive tobacco and e-cigarette prevention programming and cessation assistance for the MCPS school community.

The contractor must submit their offer per the instructions under the RFP, Section 8.0 Mandatory

Submissions. The submission must be signed by an official having authority to contract with MCPS.

The firm and official's name shall be used. This solicitation does not commit the district to pay any costs incurred in the submission of proposals or guarantee that an award will be made.

In the event of emergency closing of the MCPS Board of Education offices, this RFP will open at the same time on the next regular working day.

Sincerely, Angela McIntosh Davis, Director

Division of Procurement

AMD

Enclosure

Office of Finance

MONTGOMERY COUNTY PUBLIC SCHOOLS

Division of Procurement, Suite 3100

45 West Gude Drive

Rockville, Maryland 20850

Request for Proposal #4611.1

Comprehensive Tobacco Prevention and Cessation Program for K-12 Students

1.0 INTENT

The intent of Montgomery County Public Schools (MCPS) is to prequalify one or more highly-qualified Contractor(s) to provide comprehensive tobacco and e-cigarette prevention programming and cessation assistance for the MCPS school community.

Data from the most recent Youth Risk Behavior Survey indicate 11.7% of MCPS high school students currently smoke cigarettes or cigars, use smokeless tobacco, or use electronic vapor products; 2.6% of

MCPS high school students tried or used tobacco products for the first time during the preceding 12 months. 28% of MCPS high school students indicated they have ever used an electronic vapor product;

11.2% used an electronic vapor product during the preceding 30 days. Conversely, only 30.9% of

MCPS high school students quit using all tobacco products (among those who endorsed use during the previous year). While the overall trend of tobacco use is declining nationally, reported rates of MCPS high school students’ use is higher than the 10% rate reported nationwide (National Youth Tobacco

Survey, 2023).

The Affordable Care Act provisioned the Prevention and Public Health Fund to address national tobacco use. The goal of this provision was to expand access to evidence-based programs, including tobacco use cessation programs. The law also provides technical and financial support for statewide

1-800 quitlines, social media initiatives, text messages, and smartphone applications. These efforts may contribute to the overall trend of decreased tobacco use across the population, however they may not be as effective for youth specifically. Youth tobacco use is perpetuated by unique factors that may not be applicable to adult use. These include but are not limited to low levels of academic achievement and school involvement, lack of parental support, specific motivations for tobacco use, and challenges associated with typical adolescent development (Social, Environmental, Cognitive, and Genetic

Influences on the Use of Tobacco Among Youth, 2012).

The American Academy of Pediatrics recommends that pediatricians provide information to parents and caregivers about the importance of stopping tobacco use, strategies for cessation, referrals for tobacco dependence treatment, and consideration of prescribing tobacco dependence treatment medication (Clinical Practice Policy to Protect Children From Tobacco, Nicotine, and Tobacco Smoke, 2015; AAP Youth Tobacco Cessation website). Schools can be an important partner with community-based programs and clinicians by implementing evidence-based prevention and intervention programs that have been demonstrated as effective in youth tobacco cessation (e.g., Evaluation of a school-based, experiential-learning smoking prevention program in promoting attitude change in adolescents, 2021).

https://www.cdc.gov/mmwr/volumes/72/wr/mm7244a1.htm https://www.cdc.gov/mmwr/volumes/72/wr/mm7244a1.htm https://www.ncbi.nlm.nih.gov/books/NBK99237/pdf/Bookshelf_NBK99237.pdf https://www.ncbi.nlm.nih.gov/books/NBK99237/pdf/Bookshelf_NBK99237.pdf https://publications.aap.org/pediatrics/article/136/5/1008/33904/Clinical-Practice-Policy-to-Protect-Children-From?autologincheck=redirected https://www.aap.org/en/patient-care/tobacco-control-and-prevention/youth-tobacco-cessation/ https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8212924/ https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8212924/

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Through this request for proposals, MCPS is proposing a model of programming that provides comprehensive prevention for K-12 students and tobacco cessation support to secondary students. Such programming must have capacity to receive referrals from MCPS high and middle schools and provide the requisite cessation support to students, and where appropriate, provide wraparound services to each student’s family. Referrals to the cessation program will come from each school’s Student Wellbeing Team, which will make data-based decisions based on information gathered from school staff and students’ families.

2.0 INTRODUCTION

Montgomery County Public Schools (MCPS) is the 14th largest school system in the United States, and the largest in the state of Maryland. During the 2022–2023 school year, MCPS served more than

160,000 students from 157 countries speaking 115 languages. With a Fiscal Year (FY) 2023 Operating

Budget of approximately $2.93 billion, MCPS employs more than 24,500 employees. Among the 210 schools that MCPS operates, 42 are National Blue-Ribbon schools. Six MCPS high schools rank in the top 200 of The Washington Post’s 2015 High School Challenge, and all 25 MCPS high schools appear on this list, which only includes the top 11 percent of high schools in the country. MCPS has one of the highest graduation rates among the nation’s largest school districts, according to an

Education Week report. In 2010, MCPS was the recipient of the Malcolm Baldrige National Quality

Award, the highest presidential honor given to American organizations for performance excellence.

The student demographics of MCPS in 2020-2021 are as follows:

Hispanic/Latino: 32.4%

White: 25.3% Black or African American: 21.9%

Asian: 14.1%

Two or more races: ≤ 5% American Indian or Alaskan Native: ≤0.2%

Native Hawaiian or other Pacific Islander: ≤0.1%

Students receiving free & reduced-price meals (FARMS): 39.8%

English for Speakers of Other Languages (ESOL): 18% Students receiving special education services: 12.3%

In alignment with our strategic priorities, MCPS believes that each and every student matters;

outcomes should not be predictable by race, ethnicity, or socioeconomic status; equity demands the elimination of all gaps; and creating and maximizing future opportunities for students and staff is necessary. Therefore, MCPS holds high expectations for all students and staff; distributes resources as necessary to provide extra supports and interventions so all students can achieve; identifies and eliminates any institutional barriers to students’ success; and ensures that equitable practices are used in all classrooms and workplace.

3.0 SCOPE OF SERVICES

3.1 Proposals should address the entire scope of services as outlined below:

Successful providers/agencies must have the capacity to establish access to tobacco (including electronic cigarettes/vaporizers) prevention and cessation programming both during and outside

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the school day, provide in-person and virtual options, collect efficacy and effectiveness data, and collaborate with school-based staff for ongoing support following exit from the cessation program. Services should be ready and available prior to the start of the 2024-2025 school year

(i.e., August, 2024).

This request for proposals (RFP) is seeking highly qualified providers, agencies, and/or treatment centers to provide evidence-based tobacco cessation services to MCPS students to include:

1. Prevention resources for schools

▪ Resources should include, but not be limited to staff training, print and electronic tools for school-based use, online platforms accessible to students and families, text support, smartphone application support, & hotline support

▪ Resources should be accessible to students kindergarten through 12th grade

2. Behavioral therapeutic interventions

▪ Evidence-based therapy programs for individuals, groups, and/or families

3. Pharmacological therapeutic interventions

▪ Medication-assisted cessation programs accessible to adolescents

4. Family support services

▪ Resources should be accessible to families in multiple languages

Based on the evaluation, selected vendors may be asked to interview with a panel of MCPS staff and/or demonstrate platforms as needed. Evaluation of RFP responses will be based on the respondent’s RFP response documents and qualifications including:

• Culturally representative and responsive staff to work with students and families

• Accommodate students and families that speak a language other than English

• Sufficient capacity (e.g., number of individuals and families that can be served at one time)

• Description of comprehensive programming, including referral sources for higher levels of care when needed

• Description of intake and assessment process

• Description of assessment instruments when necessary

• Description of how goals will be developed and monitored

• Explanation of ongoing internal monitoring for quality assurance

• Procedures for emergency services as needed

• Employment of staff sufficiently trained and credentialed to provide cessation services

• Description of background check procedures

• Comprehensive description of proposed program’s range of services

• Description of data collection and sharing model

3.2 Technical Requirements and Vendor Experience

The vendor shall have proven experience working with elementary, middle, and high school students and families. In addition, the vendor’s proposal shall provide examples of similarly completed projects, or projects in progress, that demonstrate the responding firm’s expertise and capabilities in each of the above-listed areas. Examples might include, for example, detailed descriptions supported by printed screen shots, references to websites or apps that MCPS will be able to review online, etc.

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3.3 Timeline for Implementation and Key Staff

The vendor’s proposal shall propose a plan and schedule for implementation. The proposal shall provide a general timeline and sequence of experiences that will be available for participating students/staff.

In addition, the proposal shall identify key staff members on the project team, describe each team member’s relevant experience and describe the role he or she would play in the project. Such key staff shall not be substituted with other personnel or reassigned to another project without MCPS’ prior approval.

3.4 Data Privacy and Security

As specified in more detail in the MCPS General Contract Articles and elsewhere in this RFP, the vendor will comply with all federal, state, and local laws, regulations, and ordinances applicable to this project, including but not limited to the requirements of the Family Educational Rights and

Privacy Act (“FERPA”), 20 U.S.C. § 1232g, and its implementing regulations (34 C.F.R. part 99), the Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. § 6501-6505, and its implementing regulations (16 C.F.R. § 312, et seq.), the Protection of Pupil Rights Amendment, (“PPRA”) 20 U.S.C, § 1232(h) and its implementing regulations (34 C.F.R. § 98.1 et seq.), the

Maryland Student Privacy Act of 2015, Md. Ed. Code Ann., §4-131, Code of Maryland

Regulations (COMAR) 13A.08, as well as applicable Board of Education policies and MCPS regulations, including but not limited to MCPS Regulation AFA-RA, Research and Other Data

Collection Activities in Montgomery County Public Schools, MCPS Regulation JOA-RA, Student

Records, and MCPS Regulation JFF-RA, Federal Requirements for Use of Protected Student

Information.

3.5. Training

The vendor will provide on-site and/or interactive web-based training to school district personnel as needed. Initial training for the first year will be provided to participating teachers, staff, or volunteers at no additional charge. Fee structures for more comprehensive professional development can be provided as part of the response to this RFP.

It is the intention to award to the most favorable respondent(s) based on the evaluation criteria in

Section 11.0. However, the Montgomery County Board of Education reserves the right to make awards according to the best interest of MCPS. This request for proposals may result in multiple awards.

The selected provider(s) must have demonstrated commitment as an organization to youth cessation treatment and long-term recovery.

In determining the qualifications of an offeror, MCPS will consider the offeror’s record and performance of any prior contracts with MCPS, federal departments or agencies, or other public bodies, including but not limited to the offeror’s record providing online digital curriculum services

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to MCPS or other schools or school districts. MCPS expressly reserves the right to reject the proposal of any offeror if the investigation discloses that the offeror, in the opinion of MCPS, has not properly performed such prior contracts or has habitually and without just cause neglected the payment of bills or has otherwise disregarded its obligations to subcontractors or employees.

MCPS may conduct any necessary investigation to determine the ability of the offeror to perform the work, and the offeror shall furnish to MCPS all such information and data requested, such as information about its reputation, past performance, business and financial capability and other factors that demonstrate that the provider is capable of satisfying MCPS’ needs and requirements for a specific contract. MCPS reserves the right to reject any proposal if the evidence submitted by the offeror or investigation of such offeror fails to satisfy MCPS that such offeror is properly qualified to carry out the obligations of the contract and to complete all requirements contemplated therein.

Consideration will be given to any previous performance with MCPS as to the quality and the acceptability of bidder’s services.

All offerors submitting a proposal shall include evidence that they maintain a permanent place of business. Copies of any appropriate licenses necessary to perform this work shall be submitted with each proposal. Offerors also shall demonstrate that they have adequate staff to perform the required services. Use of subcontractor(s) and/or third-party providers, if any, must be specifically identified within the proposal. Subcontractor and/or third-party provider roles shall be clearly expressed. MCPS reserves the right to accept or reject use of proposed subcontractor(s) and/or third-party provider(s).

MCPS reserves the right to add or delete Contractors throughout the contract term should

MCPS determine, in its sole discretion, that there be a need for additional services not available from the awarded Contractors.

4.0 CONTRACT TERM

The initial term of contract shall be for one (1) year as stipulated on the RFP. However, the contract may not begin until one day after approval by the MCPS 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 three additional terms for one (1) year each. Written notice indicating MCPS’ intention to pursue the extension of the contract will be issued to the successful vendor 90 days prior to the expiration of the original contract. The vendor shall have ten (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 MCPS Board of

Education to extend the contract or decide to rebid. If the contract is extended by the MCPS Board of

Education, a contract amendment will be issued.

5.0 CONTRACT TERMINATION

MCPS reserves the right to cancel the contract in whole or in part at any time in accordance with

Article 12 of the MCPS General Contract Articles. MCPS also reserves the right to cancel the contract with a Respondent for failure to comply or failure to fulfill the terms of this contract in accordance with Article 13 of the MCPS General Contract Articles.

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6.0 REFERENCES

All offerors shall include a list of a minimum of three references who use the firm’s digital content, assessments, professional development, and customization services who can attest to the firm’s quality of work and, if possible, shall include school districts of comparable size to MCPS that have utilized the respondents’ services. Include names of client, contact person, email address and phone number of all references. Also, as an attachment, offerors shall include al list of all current school district clients.

References may or may not be reviewed or contacted at the discretion of MCPS. Typically, only references of the top ranked short-listed offerors are contacted. MCPS reserves the right to contact references other than, and/or in addition to, those furnished by an offeror.

Contact Phone

Company Name & Address Person Number

1. _______________________________________________________________________

Email __________________________________________________________________

2. _______________________________________________________________________

3. _______________________________________________________________________

7.0 FORMAT OF RESPONSE

7.1 Response to this RFP shall be submitted in the same order as the RFP and provide an individual response to each RFP specification.

7.2 Contractors shall include any and all statements and representations made within its proposal in the contract for services with the MCPS. This includes, but is not limited to, the vendors’s point-by-point response to this RFP. If the vendor responds only “Understand and comply,” it is assumed that the vendor complies with MCPS’ understanding of the requirement.

7.3 MCPS shall not be responsible nor be liable for any costs incurred by the vendor in the preparation and submission of their proposals and pricing.

7.4 Pricing proposal shall be submitted as a separate document outlining content, timeline for implementation, training, professional development, etc.

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8.0 MANDATORY SUBMISSIONS

Each offeror must submit a complete proposal including all required information and attachments.

The response shall address each paragraph in the same order as the RFP and provide an individual response to each RFP specification. All proposals must be presented using the same numbering sequence and order used in this RFP document or as otherwise specified by MCPS. Offerors may request via e-mail to Angela McIntosh-Davis, Director, MCPS Division of Procurement at angela_s_mcintosh-davis@mcpsmd.org, a Microsoft Word version to help them in preparing the response.

One (1) original and one (1) copy as well as one (1) electronic version of the original and one (1) redacted copy on flash drive of responses, must be sent by mail, courier or hand-delivery and shall be bound. A table of contents should be included and all pages numbered as referenced in the Table of

Contents. No faxes or electronic submission of proposals will be accepted. Proposals are to be received no later than 2:00 p.m. on June 12, 2024. Submit responses of the entire RFP proposal to:

Montgomery County Public Schools

Division of Procurement

45 West Gude Drive, Suite 3100

Rockville, MD 20850

Submissions will become the property of MCPS.

The proposal must be signed by an official having authority to contract with MCPS. The firm and the official’s name shall be used in the contract process. MCPS reserves the right to make an award without further discussion of the proposals received. MCPS may also negotiate with the one offeror who submits the best proposal or with two or more offerors who are in the competitive range.

Therefore, it is important that the offeror’s proposal be submitted initially on the most favorable terms from both the technical and cost standpoints. After the submission and closure of proposals, no information will be released until after the award. It is understood that the offeror’s proposal will become a part of the official file on this matter without obligation to MCPS.

The proposal must be complete and comply with all aspects of these specifications. Marketing or promotional verbiage will likely overshadow the offeror’s qualifications and expertise. MCPS urges the offeror to be specific and brief in their responses.

Offerors must include any and all statements and representations made within its proposal in the contract for services with MCPS unless otherwise agreed upon by MCPS and offeror during negotiations. This includes, but is not limited to, the vendor’s point-by-point response to this RFP. If offeror answers only

“Understand and comply” it is assumed that the offeror complies with MCPS’ understanding of the requirement.

MCPS shall not be responsible or liable for any costs incurred by the offeror in the preparation and submission of their proposals and pricing.

mailto:angela_s_mcintosh-davis@mcpsmd.org

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Complete Response must include:

• Point-by-point Response to each section of the RFP

• Pricing Proposal

• References, See 6.0 References

• List of all current school district clients, See 6.0 References

• Vendor’s annual fiscal report in order to demonstrate the vendor’s financial stability (If desired, the vendor may also include any other financial documents that Vendor wishes to include regarding Vendor’s financial condition. This documentation is not mandatory.)

• Equal Opportunities Certification (Attachment A)

• Certification of Non-segregated Facilities (Attachment B)

• Minority Business Enterprise (Attachment C)

• Non-Debarment Acknowledgement (Attachment D)

• Data (Attachment E)

• Mid-Atlantic Purchasing Team Rider Clause

• Current Form W-9

• A list of any variances from or objections to the terms and conditions of the MCPS General

Contracting Articles, as well as a justification for any such variances or objections.

• A separate redacted copy of offeror’s proposal as specified in Sections 9.0 and 10.0.

9.0 TREATMENT OF TECHNICAL DATA IN PROPOSAL

The proposal submitted in response to this request may contain technical data which the offeror does not want used or disclosed for any purpose other than evaluation of the proposal. The use and disclosure of any such technical data, subject to the provisions of the Maryland Public Information

Act, may be so restricted:

Provided, that offeror marks the cover sheet of the proposal with the following legend, specifying the pages of the proposal which are to be restricted in accordance with the conditions of the legend: "Technical data contained in pages of this proposal shall not be used or disclosed, except for evaluation purposes."

Provided, that if a contract is awarded to this offeror as a result of or in connection with the submission of this proposal, MCPS shall have the right to use or disclose these technical data to the extent provided in the contract.

This restriction does not limit the right of MCPS to use or disclose technical data obtained from another source without restriction.

MCPS assumes no liability for disclosure or use of unmarked technical data or products and may use or disclose the data for any purpose and may consider that the proposal was not submitted in confidence and therefore is releasable. Price and cost data concerning salaries, overhead, and general and administrative expenses are considered proprietary information and will not be disclosed, if marked in accordance with the instructions in 11.0.

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10.0 PROPRIETARY AND CONFIDENTIAL INFORMATION

Offerors are notified that MCPS has unlimited data rights regarding proposals submitted in response to this solicitation. Unlimited data rights means that MCPS has the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, or perform publicly and display publicly any information submitted by the offeror in response to this or any solicitation issued by MCPS. However, MCPS will exempt information that is confidential commercial or financial information of an offeror, as defined by the Maryland Public Information Act, State Government Article, Section 10-617, from disclosure. It is the responsibility of the offeror to clearly identify each part of its proposal that is confidential commercial or financial information by stamping the bottom right-hand corner of each pertinent page with one-inch bold face letters stating the words “confidential” or “proprietary.” The offeror agrees that any portion of the proposal that is not stamped as proprietary or confidential is not proprietary or confidential. As a condition for MCPS keeping the information confidential, the offeror must agree to defend and hold MCPS harmless if any information is inadvertently released. Each offeror must submit a proprietary and confidential redacted copy of its proposal to be used in responding to MPIA requests.

11.0 EVALUATION CRITERIA

MCPS reserves the right to ask clarifying questions about submitted proposals. Offerors also may ask questions that they may have related to this RFP prior to submitting their responses. See Section 13.0, Schedule of Events. Only proposals received by the deadline will be considered. Proposals will be screened down to a number of finalists.

MCPS reserves the right to convene a meeting with the top qualified offerors prior to awarding a contract. The purpose of the meeting will be to afford both parties an opportunity to discuss any aspects of the requirements and services that will be performed and clarify any issues. Issues raised during the meeting, which cannot be resolved to the satisfaction of MCPS, shall be cause to reject the proposal. In addition, vendors shall be prepared to provide a product and services demonstration, providing an overview of the proposed product and services at no cost to MCPS. As appropriate, the vendor shall be responsible for the installation of the proposed products and services and any third-party software at the District-designated demonstration facility before the demonstration, as necessary.

If requested by MCPS, the top qualified offeror or offeror shall provide MCPS with an opportunity to access and review the vendor’s system as in operation at that time, via the Internet from a MCPS computer, to ensure conformity to the requirements of this RFP as well as for the quality and ease of the user interface.

All offerors are advised that in the event of receipt of an adequate number of proposals, which, in the opinion of MCPS require no clarification and/or supplementary information, such proposals may be evaluated without further discussions. Therefore, proposals should be submitted initially on the most complete and favorable terms and conditions. Should proposals submitted require additional clarification and/or supplementary information, offerors should be prepared to submit such additional clarification and/or supplementary information, in a timely manner, when requested

Proposals meeting all requisite criteria will be evaluated. Those who do not meet requisite criteria will not be evaluated further. Selection will be made on the basis of the criteria listed below.

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1. Completeness of Response

2. Ability to perform (based on the criteria set forth in this RFP, including but not limited to

Section 3.0 Scope of Services)

3. References

4. Pricing Proposal

12.0 SCHEDULE OF EVENTS

The anticipated schedule of activities related to this RFP is as follows:

RFP issued: May 22, 2024

Questions Due: May 29, 2024 by 4:00pm

Proposals Due: June 12, 2024 by 2:00pm

Interview/Demo: Week of June 24, 2024

All dates are subject to change at the discretion of MCPS.

13.0 PRE-PROPOSAL CONFERENCE

Not applicable to this RFP.

14.0 ADDENDA/ERRATA

Changes and addenda to a solicitation may occur prior to the solicitation opening date and time. It is the offeror’s responsibility to check the MCPS website under “Event Calendar” https://ww2.montgomeryschoolsmd.org/calendar/mcpsbids.aspx or contact the Division of

Procurement at 301-279-3555 to verify whether addenda/errata have been issued. In the event that

MCPS issues addenda/errata, all terms and conditions will remain in effect unless they are specifically and explicitly changed by the addenda/errata. Offerors must acknowledge receipt of such addenda/errata by returning one signed copy of each of the addenda/errata with its proposal. Failure to provide the signed acknowledgement of the addenda/errata may result in a bid being deemed non-responsive.

15.0 eMARYLAND MARKETPLACE ADVANTAGE (EMMA)

As of June 1, 2008, Maryland law requires local and state agencies to post solicitations on eMaryland

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

16.0 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 https://ww2.montgomeryschoolsmd.org/calendar/mcpsbids.aspx https://procurement.maryland.gov/

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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 require 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 the 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

Awarded offeror(s) and this contract shall be binding only upon the principal’s 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 offeror. 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.

17.0 INQUIRIES

Inquiries regarding this solicitation must be submitted in writing to Angela McIntosh Davis, MCPS

Division of Procurement via email to angela_s_mcintosh-davis@mcpsmd.org. Questions are due at

4:00 p.m. on May 29, 2024. Responses will be posted on the MCPS Procurement website on May 31, 2024. The Board will not be responsible for any oral or telephone explanation or interpretation by any agent or employee of MCPS. Any binding information given to an offeror in response to a request will be furnished to all offeror as addenda/errata, if such information is deemed necessary for the preparation of proposals, or if the lack of such information would be detrimental to the uninformed offerors. Only such addenda/errata, when issued by MCPS, will be considered binding on MCPS.

Contact by offerors with any other MCPS employee regarding this solicitation until the contract is awarded by MCPS will be considered by MCPS as an attempt to obtain an unfair advantage and result in non-consideration of its RFP response. The MCPS Procurement website address is www.montgomeryschoolsmd.org/departments/procurement/.

18.0 UNNECESSARILY ELABORATE BROCHURES

Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective proposal are not desired and may be construed as an indication of the offeror’s lack of cost consciousness. Elaborate art work and expensive visual and other presentation aids are neither necessary nor wanted.

19.0 BID PROTESTS

Any bid protests, including appeals, will be governed by the applicable MCPS Procurement Unit

Regulations. The burden of production of all relevant evidence, data and documents and the burden of persuasion to support the protest is on the offeror making the protest.

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20.0 CONTRACT

MCPS plans to enter a contractual agreement with Respondent(s) to whom the award is made and intends to make MCPS General Contract Articles, attached hereto and incorporated herein as Appendix

A, part of the contractual agreement, except and unless modified by MCPS. In addition, the Contractor will ensure that all private duty nurses abide by the provisions of the MCPS General Contract Articles.

Proposals must clearly identify any variances from or objections to the specifications in this RFP and the terms and conditions of the MCPS General Contract Articles. Lacking any response to the contrary, MCPS will infer that the Respondent agrees to the specifications of this RFP and each term and condition of the MCPS General Contract Articles. Respondents should note that any variance may provide a basis for MCPS to reject the proposal. In particular, the provisions set forth in Articles

5, 12-14, 16-18, 21-24, 26, and 28 of the MCPS General Contract Articles are non-negotiable.

21.0 NOTICE TO BIDDERS

The appropriate items below must be completed as part of the RFP. Failure to comply may disqualify your bid. Type or print legibly in ink.

I. BIDDER INFORMATION: As appropriate, check and/or complete one of the items below.

1. Legal name (as shown on your income tax return)

2. Business Name (if different from above)

3. Tax Identification Number

A copy of your W-9 must be submitted with this bid response.

II. BIDDER’S CONTACT INFORMATION: This will be filed as your permanent contact information.

1. Company Name

2. Address

3. Bid Representative’s Name

4. Phone Number/Extension

5. Email Address

6. Website

III. VENDOR'S CERTIFICATION: Upon notification of award, and by signing below, the undersigned acknowledges that he/she intends to enter into a contract agreement with MCPS.

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A. The undersigned proposes to furnish and deliver supplies, equipment, or services, in accordance with specifications and stipulations contained herein, and at the prices quoted. This certifies that this bid is made without any previous understanding, agreement or connection with any person, firm, or corporation making a bid for the same supplies, materials, or equipment, and is in all respects fair and without collusion or fraud.

B. I hereby certify that I am authorized to sign for the bidder and that all statements, representations, and information provided in this response to the Request for Proposals, including but not limited to the Non-Debarment Acknowledgement, are accurate.

By (Signature)

Name and Title

Witness Name and Title