6-01. 028.26.B3 Electrical, Lighting Related Supplies.pdf

Procurement Office 10910 Clarksville Pike

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

NOTICE TO BIDDERS - INVITATION TO BID #028.26.B3

ELECTRICAL LIGHTING, COMMUNICATION & RELATED PRODUCT SUPPLIES, ON-CALL

ON-CALL BID SUMMARY

This bid is to select a pool of qualified contractor(s) to perform Electrical Lighting, Communication & Related Product Supplies, On-Call for The Howard County Public School System in accordance with these bid documents.

A link and instructions for registering in the Bonfire portal can be located on the HCPSS Purchasing website at:

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

BONFIRE CONTACT

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

BIDS POSTED

Thursday, November 13, 2025 Bid documents may be obtained on Bonfire’s website, https://hcpss.bonfirehub.com/portal/?tab=openOpportunities.

QUESTIONS

Tuesday, November 18 @ 1:00 PM All questions shall be directed, in writing, no later than the above date and time, via the Bonfire website, https://hcpss.bonfirehub.com/portal/?tab=openOpportunities. The Howard County Public School System is under no obligation to respond to any questions that are received after the cutoff date and time. Only answers provided via addenda issued by the HCPSS will be binding. Under no circumstances are bidders, including third party vendors or their staff, to contact any other HCPSS Staff, employees or any related constituency for purposes associated with this solicitation, including but not limited to, obtaining or providing information.

Bidders failing to comply with this requirement may be disqualified.

BIDS DUE

Thursday, December 11, 2025 @ 1:00 PM Bids shall be submitted electronically no later than the above date and time, via the Bonfire website, https://hcpss.bonfirehub.com/portal/?tab=openOpportunities.

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

ADDENDA

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

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

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

https://purchasing.hcpss.org/business-opportunities mailto:support@gobonfire.com https://hcpss.bonfirehub.com/portal/?tab=openOpportunities https://hcpss.bonfirehub.com/portal/?tab=openOpportunities https://hcpss.bonfirehub.com/portal/?tab=openOpportunities

Electrical Lighting, Communication & Related Product Supplies, On-Call Page 2 Bid #028.26.B3

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

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

Contractors are required to register on eMaryland Marketplace Advantage at eMaryland Marketplace Advantage (eMMA) within five days following notice of award. Maryland law requires local and state agencies to post award notices on eMaryland Marketplace Advantage. This cannot be done without the contractor’s self-registration in the system. Registration is free. Failure to comply with this requirement may be considered grounds for default. It is recommended that any interested bidder register with eMaryland Marketplace Advantage regardless of the award outcome for this procurement as it is a valuable resource for bid notification for municipalities throughout Maryland.

Kristal Burgess Procurement Specialist https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage

Electrical Lighting, Communication & Related Product Supplies, On-Call Page 3

THE HOWARD COUNTY PUBLIC SCHOOL SYSTEM

ELECTRICAL LIGHTING, COMMUNICATION & RELATED PRODUCT SUPPLIES, ON-CALL

BID # 028.26.B3

I. INSTRUCTIONS TO BIDDERS

A. OBJECTIVES

B. CONTRACT DOCUMENTS

C. CONTRACT PERIOD

D. CONTRACT MANAGER

E. ISSUING OFFICE

F. QUESTIONS AND INQUIRIES

G. DUE DATE AND TIME

H. BASIS FOR AWARDING BIDS

I. BID BOND

J. ESTIMATED QUANTITIES

K. SAMPLES

L. TRADE DISCOUNTS

M. MULTIPLE PRICES

N. BRAND NAME OR EQUAL

O. SPECIFICATIONS

P. PROPOSED SUBSTITUTIONS

Q. SITE INVESTIGATION

R. BIDDER’S QUALIFICATIONS

S. SIGNATURE TO BID

T. RIGHT TO REJECT BIDS AND WAIVE INFORMALITIES

U. BIDS FIRM FOR 120 DAYS

V. CLARIFICATIONS AND ADDENDA

W. CANCELLATION OF THE BID

X. BID ACCEPTANCE

Y. MODIFICATIONS AND WITHDRAWAL OF BIDS

Z. MULTIPLE/ALTERNATIVE BIDS

AA. CONFIDENTIALITY

BB. TERMS OF CONTRACT

CC. ETHICS REGULATIONS

DD. DEBARMENT STATUS

II. TERMS AND CONDITIONS

A. TERMINATION FOR DEFAULT

B. TERMINATION FOR CONVENIENCE

C. PRICE ADJUSTMENTS

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D. TAXES

E. BILLING AND PAYMENT

F. DELIVERY

G. LABELING

H. FUNDING

I. ORDERS

J. PROCUREMENT CARD

K. INSURANCE

L. MATERIAL SAFETY DATA SHEETS

M. ASSIGNMENTS

N. TOBACCO FREE AND ALCOHOL/DRUG FREE ENVIRONMENT

O. CRIMINAL HISTORY BACKGROUND CHECKS

P. CHILD SEX OFFENDER NOTIFICATION

Q. MULTI-AGENCY PARTICIPATION

R. RESPONSIBILITIES AND WARRANTIES

T. GOVERNING LAW AND VENUE

U. WAIVER OF JURY TRIAL

V. EXAMINATION OF RECORDS

W. DISSEMINATION OF INFORMATION

X. ACCESS TO PUBLIC RECORDS ACT NOTICE

Y. CONTINGENT FEE PROHIBITION

Z. OWNERSHIP AND USE

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

BB. NON-HIRING OF OFFICIALS AND EMPLOYEES

CC. eMARYLAND MARKETPLACE ADVANTAGE REGISTRATION

DD. RIGHT TO STOP WORK

EE. NON-DISCRIMINATION

FF. INDEPENDENT CONTRACTOR

GG. ANTI-BRIBERY

HH. FORCE MAJEURE

II. MINORITY BUSINESS ENTERPRISE PARTICIPATION

JJ. BUILDING/SITE OCCUPANCY

KK. OCCUPIED BUILDINGS – SIGN IN PROCEDURES

LL. IDENTIFICATION

MM. LOCAL OFFICE

NN. RIGHT TO ASSIGN WORK

OO. RESPONSIBILITY OF BIDDERS

PP. PERMITS, CODES, AND LAWS

Electrical Lighting, Communication & Related Product Supplies, On-Call Page 5

QQ. ASBESTOS MATERIALS

RR. PERFORMANCE REQUIRMENTS

SS. SITE WORK REQUIREMENTS

TT. ACCEPTANCE & INSPECTION

UU. CONTRACTOR PERFORMANCE/EVALUATION SCORECARD

III. SPECIFICATIONS / SCOPE OF WORK

A. GENERAL SPECIFICATIONS

B. CATALOG/WEBSITE

C. PRODUCTS

D. PRODUCT ADJUSTMENTS

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I. INSTRUCTIONS TO BIDDERS

A. OBJECTIVES

1. The objective of this request is for The Board of Education of the Howard County

Public School System (herein referred to as “the Board”), administrated by the Howard County Public School System (herein referred to as “HCPSS” or “the School System”) to select qualified contractor(s) to provide electrical supplies to be utilized by the Office of Building Maintenance department at facilities within the School System. Bidders shall have an office/facility for the pickup of electrical supplies within a 50-mile radius of the school system.

2. All work performed under this contract shall be in accordance with the 100% bid documents, procurement specifications, any applicable drawings and addenda issued and shall minimally follow current OSHA regulations.

B. CONTRACT DOCUMENTS

1. Contract Documents consist of The General Provisions of Bid Proposal, the Procurement Specifications, the 100% bid documents and any applicable drawings and addenda issued.

2. All of these materials will be included in the contract which The Board of Education awards as a result of this solicitation and will be among the contract documents.

The bidder, by submitting its bid, agrees that if awarded the contract that it will be bound under the contract to all the terms and conditions of the contract.

C. CONTRACT PERIOD

1. Any resulting contract(s) shall commence upon award. The Contract(s) is to be for three (3) years with the option to renew for two (2) additional one-year periods at the sole option of the school system pending successful performance and availability of funding.

D. CONTRACT MANAGER

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

E. ISSUING OFFICE

a) The Issuing Office is:

The Howard County Public School System Procurement Office

Ellicott City, Maryland 21042

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

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F. QUESTIONS AND INQUIRIES

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

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

G. DUE DATE AND TIME

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

2. LATE BIDS CANNOT BE ACCEPTED.

H. BASIS FOR AWARDING BIDS

1. It is the intent of The Howard County Public School System to award the lowest responsive bidder(s) meeting specifications offering the highest “Discount Off of List” and lowest pricing relative to the list price. The Howard County Public School System retains the right to award item-by-item, group-by-group, in full, or to make no award at all.

2. The Howard County Department of Education shall be the sole authority as to whether items meet specifications or are an approved equal and further reserves the right to reject any or all proposals or waive any informality which may appear to be in its best interest.

I. BID BOND

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

J. ESTIMATED QUANTITIES

1. The Howard County Public Schools reserves the right to order any quantities necessary in order to maintain inventories at required levels. Quantities will not be increased to maximize load capacities for the awarded Contractor(s). It is the responsibility of the awarded Contractor(s) to ensure quantities ordered are not delayed due to shipping requirements required by them from the product manufacturers. Any additional freight/cost requirements needed to meet maximum load capacities from manufacturers of products will be the responsibility of the contractor(s).

K. SAMPLES

1. When requested, samples shall be delivered to the Howard County Department of Education prior to the scheduled bid opening. Samples are not required when none are requested. Samples shall be properly labeled to indicate the name of Bidder, date of bid opening, bid number, and item number. In the event the Purchasing Office requests a sample after the bid opening, the sample shall be delivered within ten (10) days of request for award consideration. Delivery of samples shall be to: The Howard County Public School System, Attn: Purchasing, 10910 Clarksville Pike, Ellicott City, Maryland 21042.

2. In the event a sample is consumed or destroyed in the evaluation process, The

Howard County Public School System shall be held harmless and not liable for any cost of sample(s).

3. Samples must be picked up within ten (10) days after contract award, after which samples will be considered abandoned and will become the property of the Board of Education.

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4. Samples from the successful bidder may be held during the contract performance period as a standard of quality and will be available for return upon contract completion.

L. TRADE DISCOUNTS

1. All prices offered must be the lowest net price after trade discounts have been considered.

M. MULTIPLE PRICES

1. Regardless of the availability of several items that perform the same function as the item(s) described in the solicitation, the bidder must decide which item to offer and submit one price only.

N. BRAND NAME OR EQUAL

1. Where a particular manufacturer's brands or models are referenced, it is to be interpreted as being descriptive and not restrictive. Bids will be considered on models or brands or products of manufacturers other than those cited if accompanied by catalogs, test reports, brochures, or other descriptive literature and supporting data, sufficient in detail to permit evaluation of the item offered without further reference. It is the responsibility of the Bidder to provide the foregoing with the bid or prior to the time and date set forth for return of the bid.

2. When only one manufacturer or model is referenced, the absence of anything to the contrary will be interpreted as a bid on the exact item specified.

3. Where several manufacturers of models are referenced as being equally acceptable and the bidder does not indicate what particular model or brand he is bidding on, the Purchasing Office shall have the right to select the brand or model referenced.

O. SPECIFICATIONS

1. Bidders offering items other than those specified must state the product name and manufacturer and, as well, submit detailed technical specifications for each item.

All data submitted must contain sufficient information to facilitate equating the offer.

2. Failure to submit the above required information prior to or with the bid may result in rejection of the item.

P. PROPOSED SUBSTITUTIONS

1. Bidders bidding on a substitute MUST submit product literature prior to bid due date or with their bid. Referencing literature shall be accompanied by complete submittals in accordance with the specification of catalogs, test reports, brochures, and other descriptive literature and supporting data, sufficient in detail to permit evaluation of the proposed substitution without further reference. Bids received for items without the required literature will not be considered responsive.

2. The Howard County Public School System shall be the sole authority as to whether items meet specifications or are an approved equal, and further reserves the right to reject any or all proposals or waive any informality which may appear to be in its best interest.

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Q. SITE INVESTIGATION

1. By submitting a bid the contractor acknowledges that they have investigated and satisfied themselves as to the conditions affecting the work, including, but not restricted to, those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, and electric power. Any failure by the contractor to acquaint themselves with the available information will not relieve them from responsibility for estimating properly the cost of successfully performing the work. HCPSS shall not be responsible for any conclusions or interpretations made by the contractor of the information made available by HCPSS.

R. BIDDER’S QUALIFICATIONS

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

2. Bidders must be authorized distributors for items listed in this bid. The Howard

County Public School System reserves the right, before awarding the contract, to require Bidders to submit evidence of qualification as it may deem necessary, in order to determine the Bidder’s qualifications and abilities.

S. SIGNATURE TO BID

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

T. RIGHT TO REJECT BIDS AND WAIVE INFORMALITIES

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

U. BIDS FIRM FOR 120 DAYS

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

V. CLARIFICATIONS AND ADDENDA

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

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

W. CANCELLATION OF THE BID

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

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X. BID ACCEPTANCE

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

Y. MODIFICATIONS AND WITHDRAWAL OF BIDS

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

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

Z. MULTIPLE/ALTERNATIVE BIDS

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

AA. CONFIDENTIALITY

1. Bidders should give specific attention to the identification of those portions of their Technical Offers which they deem to be confidential, proprietary information or trade secrets, and provide any justification of why such materials, upon request, should not be disclosed by HCPSS under the Access to Public Records Act, State Government Article, Title 10, Subtitle 6 of the Annotated Code of Maryland.

Contractors must clearly indicate each and every section that is deemed to be confidential, proprietary, or a trade secret. It is not sufficient to preface your technical offer with a proprietary statement. Bid prices will be opened publicly.

BB. TERMS OF CONTRACT

1. By submitting a response to this solicitation, a firm affirms acceptance of all terms and conditions contained in the conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, and any addenda.

CC. ETHICS REGULATIONS

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

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

DD. DEBARMENT STATUS

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

II. TERMS AND CONDITIONS

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A. TERMINATION FOR DEFAULT

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

B. TERMINATION FOR CONVENIENCE

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

C. PRICE ADJUSTMENTS

1. The Howard County Public School System will only consider adjustments on labor rates based only upon federal minimum wage increases and decreases in the Consumer Price Index (CPI-W), Baltimore Region, as published by the Bureau of Labor Standards. Requested increases above a five percent (5%) cap will not be considered. In order to receive consideration for a price increase, the contractor must submit to The Howard County Public School System, sixty (60) days prior to the contract expiration date, a statement of any change in the hourly rate wage actually to be paid to its employees during the renewal term. Adjustments will be calculated by comparing the current index with the previous year's index so as to determine the change in index points. The point change will then be divided by the price index to obtain the percentage of change. The percentage of change will then be multiplied by .75 to obtain the adjustment to be applied to the current prices.

2. The Howard County Public School System will also consider adjustments based on fees outside of the control of the contractor, such as manufacturer price increases.

However, such increases will be a "pass through" to the Howard County Public School System with no mark-up allowed. For such changes to be considered by the Howard County Public School System, documentation from the manufacturer (or any other applicable party) assessing a cost increase must accompany a written request from the contractor.

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

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

D. TAXES

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

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

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E. BILLING AND PAYMENT

1. The contractor shall submit invoices to the Howard County Department of Education, (Name of Department), 10910 Clarksville Pike, Ellicott City, MD 21042, Attn: (Name of Contact), at the completion of each job. Invoices must contain the following information:

a) Purchase Order Number

b) Name of school

c) Description of work along with quantities

d) Start date and completion date

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

f) Total due

F. DELIVERY

1. All orders shall be delivered FOB destination to the designated School(s)/Office(s) location(s), (see School Directory) on an as needed basis or to the Howard County Department of the Office of Building Maintenance, 9020 Mendenhall Court, Columbia, Maryland 21044, (410)-313-7084 between 9 a.m. - 3 p.m., Monday through Friday, except holidays. The Contract Manager, provided upon award, shall be contacted twenty-four hours prior to delivery to school locations.

2. Deliveries to schools shall be received by a HCPSS representative or authorized electrical contractor.

3. Prices are to include all freight, delivery and fuel surcharges.

4. All orders must be delivered in full within 2 days from receipt of order unless stated otherwise on the purchase order. Orders not completed within the specified time period will be subject to cancellation at the sole option of The Howard County Public School System.

5. The Howard County Public School System reserves the right to order awarded items as needed throughout the contract year at no additional charge to the school system.

6. It is the responsibility of the awarded contractor(s) delivery personnel to unload all deliveries inside each location without assistance of school personnel. The Howard County Public School System will not sign for or assume responsibility of deliveries until they have been properly unloaded by the contractor’s delivery personnel at the school/office location.

G. LABELING

1. Purchase order number, description of equipment, and quantities must be identified on all tickets for items delivered.

H. FUNDING

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

I. ORDERS

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

https://www.hcpss.org/schools/#direct

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J. PROCUREMENT CARD

1. The Howard County Public School System utilizes a Purchasing Card Program.

Purchases resulting from this solicitation may be made through a Visa/Mastercard credit card.

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

K. INSURANCE

1. See ATTACHMENT A, INSURANCE REQUIREMENTS.

L. MATERIAL SAFETY DATA SHEETS

1. Pursuant to Occupational Safety and Health Act (OSHA) 29CFR1910, where applicable, MSDS for the products supplied or used as a result of this contract must be attached to each shipment of product as well as mailed to:

The Howard County Public School System Safety, Environment and Risk Management

Ellicott City, MD 21042

2. MSDS must show the contract number under which the products were supplied or used.

3. Bidders shall provide MSDS sheets for all products bid upon request from the

HCPSS.

M. ASSIGNMENTS

1. The contractor may not assign or transfer this contract, any interest herein or any claim hereunder, except as expressly authorized in writing by the Howard County Public School System. Unless the performance is expressly waived in writing by the Howard County Public School System, an assignment does not release the contractor from responsibility for performance of this contract. Assignment or subcontracting without the written approval of the Howard County Public School System will be cause for termination.

N. TOBACCO FREE AND ALCOHOL/DRUG FREE ENVIRONMENT

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

O. CRIMINAL HISTORY BACKGROUND CHECKS

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

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P. CHILD SEX OFFENDER NOTIFICATION

1. Sex Offender Requirement: Maryland law requires certain sex offenders to register with the local law enforcement agency; See Maryland Annotated Code, Criminal Procedure Article, §11-704. One of the purposes of this law, is to inform school systems when a Registered Sex Offender is residing or working in the area. When the sex offender registers, the local police are required to notify the Superintendent of Schools, and the Superintendent, in turn, is required to send a notice to school principals.

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

3. Each contractor shall screen their work-forces to ensure that a Registered Sex

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

4. Effective July 1, 2015, amendments to § 6-113 of the Education Article of the

Maryland Code further require that a contractor or subcontractor for a local school system may not knowingly assign an employee to work on school property with direct, unsupervised, and uncontrolled access to children, if the employee has been convicted of, or pled guilty or nolo contendere to, a crime involving a sexual offense, child sexual abuse and crimes of violence.

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

Q. MULTI-AGENCY PARTICIPATION

1. Under §5-112, Paragraph (3) of the Education Article of the Annotated Code of Maryland HCPSS may with Board of Education approval participate in contracts for goods or commodities that are awarded by other public agencies or by intergovernmental purchasing organizations if the lead agency for the contract follows the public bidding procedures. HCPSS therefore reserves the right to extend the terms and conditions of this solicitation to any and all other agencies within the state of Maryland as well as any other federal, state, municipal, county, or local governmental agency under the jurisdiction of the United States and its territories.

This shall include but not limited to private schools, parochial schools, non-public schools such as charter schools, special districts, intermediate units, non-profit agencies providing services on behalf of government, and/or state, community and/or private colleges/universities that require these goods, commodities and/or

Electrical Lighting, Communication & Related Product Supplies, On-Call Page 15 services. A copy of the contract pricing and the bid requirements incorporated in this contract will be supplied to requesting agencies.

2. Each participating jurisdiction or agency shall enter into its own contract with the

Award Bidder(s) and this contract shall be binding only upon the principals signing such an agreement. Invoices shall be submitted in duplicate "directly" to the ordering jurisdiction for each unit purchased. Disputes over the execution of any contract shall be the responsibility of the participating jurisdiction or agency that entered into that contract. Disputes must be resolved solely between the participating agency and the award.

R. RESPONSIBILITIES AND WARRANTIES

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

2. Notwithstanding any review, approval, acceptance, or payment for the services by HCPSS, the Contractor shall be responsible for professional and technical accuracy of its work furnished by the Contractor under this agreement.

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

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

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

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

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

8. Contractor agrees that the equipment or supplies furnished under this award and or contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such equipment or supplies and that the right and remedies provided herein are in addition to and do not limit any rights afforded to the HCPSS by any other clauses of the contract. All equipment shall in the very least carry a standard factory warranty against defects in parts and workmanship for the time period stated in the product warranty specifications and/or for one (1)

Electrical Lighting, Communication & Related Product Supplies, On-Call Page 16 year from date of acceptance. If the manufacturer warrants equipment for a period longer than one (1) year, the Contractor shall pass through this time to HCPSS.

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

S. PROTESTS AND DISPUTES

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

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

T. GOVERNING LAW AND VENUE

1. The Contract Documents shall be governed by the laws of the State of Maryland and nothing in these Contract Documents shall be interpreted to preclude HCPSS from seeking, after completion or termination of the agreement, any and all remedies provided by law. Any lawsuit arising out of the Contract Documents shall be filed in the appropriate state court of competent jurisdiction located in Howard County, Maryland.

U. WAIVER OF JURY TRIAL

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

V. EXAMINATION OF RECORDS

1. The Contractor agrees that the auditor of HCPSS or any of their duly authorized representatives shall, have five (5) years after the final renewal expiration date under this contract, have access to and the right to examine any directly pertinent books, Electrical Lighting, Communication & Related Product Supplies, On-Call Page 17 documents, papers, and records of the Contractor involving transactions related to this contract.

W. DISSEMINATION OF INFORMATION

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

X. ACCESS TO PUBLIC RECORDS ACT NOTICE

1. The Board of Education of Howard County is subject to the Maryland Public

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

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

3. Transparency in the use of public funding is fundamental to HCPSS operations. Prior to the award of bids and contracts, the Board of Education of Howard County reviews and approves cost to be incurred by the school system – therefore, offerors should be aware that submission to this RFP may subject your pricing offer to release in a public forum. Additionally, pricing and payments made by HCPSS under the resulting Contract may also become subject to release as public information.

HCPSS may consider both the ability to obtain necessary pricing from future offerors as well as the potential to cause harm to the competitive position of offerors in determining release of pricing detail.

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

Y. CONTINGENT FEE PROHIBITION

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

Z. OWNERSHIP AND USE

1. All materials, including but not limited to training documents, program and software, diagnostic equipment and energy information systems furnished by Offeror to HCPSS in connection to this Program shall remain the property of the School System. No materials will be returned to the Contractor at the end of the contract period including any that are copyrighted. HCPSS shall have the right to continue using all and any control equipment and document materials for as long as the School System desires to do so. All documents, materials or data developed as a result of this contract shall be the property of HCPSS. Therefore, HCPSS has the right to use and reproduce any documents, materials, and data, including confidential information, used in or developed as a result of this contract. HCPSS may use this information for its own purposes or use it for reporting to state or federal agencies. The awarded bidder(s) must keep confidential and warrants that

Electrical Lighting, Communication & Related Product Supplies, On-Call Page 18 it has title to or right of use of all documents, material, or data used or developed in connection with this contract.

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

1. The Offeror and any Sub-Offeror personnel assigned to this project must be cognizant and abide by the Board of Education of Howard County Policies and operating procedures at all times. Health and safety policies and procedures will not be compromised. Proposed programs must not violate or conflict with the Board policies and Implementation Procedures. Moreover, the Contractor shall be cognizant and enforce all federal and state regulations and policies and all bids and subsequent work shall adhere to known regulations and policies.

BB. NON-HIRING OF OFFICIALS AND EMPLOYEES

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

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

CC. eMARYLAND MARKETPLACE ADVANTAGE REGISTRATION

1. Awarded bidders are required to register on eMaryland Marketplace Advantage at https://procurement.maryland.gov within five days following notice of award.

Maryland law requires local and state agencies to post award notices on eMaryland Marketplace Advantage. This cannot be done without the awarded bidder’s self-registration in the system. Registration is free. Failure to comply with this requirement may be considered grounds for default. It is recommended that any interested bidder register with eMaryland Marketplace Advantage regardless of the award outcome for this procurement as it is a valuable resource for bid notification for municipalities throughout Maryland. If you have any questions or need assistance, contact the help desk at emma.helpdesk@maryland.gov or call (410) 767-1492.

DD. RIGHT TO STOP WORK

1. If HCPSS determines, either directly or indirectly, that the Contractor’s performance is not within the specifications, terms or conditions of this bid and/or that the quality of the job is unacceptable, HCPSS has the right to stop work. The stoppage of work shall continue until the default has been corrected and/or corrective steps have been taken to the satisfaction of HCPSS. HCPSS also reserves the right to re-bid this contract if it is decided that performance is not within the specifications as set out.

EE. NON-DISCRIMINATION

1. In the execution of the obligations and responsibilities hereunder, included, but not limited to hiring or employment made possible by or relating to the Contract Documents, or the provisions of goods and services provided, the Awarded Bidder(s) shall not discriminate against persons on the basis of religion, ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, disability, or genetic information. For more information, contact the Equity

Electrical Lighting, Communication & Related Product Supplies, On-Call Page 19

Assurance Office of the Howard County Public School System at 10910 Route 108, Ellicott City, ND 21042 or call 410-313-6654. HCPSS is fully committed to the Americans with Disabilities Act (ADA) which guarantees non-discrimination and equal access for persons with disabilities in employment, public accommodations, transportation, and all County programs, activities, and services. HCPSS government contractors, subcontractors, vendors, and/or suppliers are subject to this ADA policy. All individuals having any County contractual agreement must make the same commitment. Your acceptance of the awarded contract acknowledges your commitment and compliance with ADA.

FF. INDEPENDENT CONTRACTOR

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

GG. ANTI-BRIBERY

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

HH. FORCE MAJEURE

1. Force Majeure shall be defined as an event beyond the control of the affected party and not avoidable by reason of diligence. It includes the acts of nature, war, riots, strikes, fire, floods, epidemics, pandemics, government decrees and/or similar occurrences. If either party is delayed by a force majeure event, said party shall provide written notification to the other within 48 hours. Delays shall cease as soon as practicable and written notification shall be provided. The time of contract completion may be extended by contract modification request, for a period of time equal to that of the delay caused under this condition. HCPSS reserves the right to cancel the contract and/or purchase materials, equipment, or services from the best available source during the time of force majeure, and the Awarded Bidder(s) shall have no recourse against HCPSS. Further, except for payment of sums due, neither party shall be liable to the other nor deemed in default under this contract to the extent that such party’s performance is prevented by reason of force majeure as defined herein.

II. MINORITY BUSINESS ENTERPRISE PARTICIPATION

1. Certified Minority Business Enterprises are encouraged to respond to this solicitation notice. Minority Business Enterprise participation shall be as defined by the procedures established for State of Maryland funded public school construction projects.

2. The contractor or supplier who…