7102.7_General_Conditons.pdf

Office of Finance

Division of Procurement

MONTGOMERY COUNTY PUBLIC SCHOOLS

45 West Gude Drive, Suite 3100

Rockville, Maryland 20850

Invitation for Bid #7102.7, Automotive Batteries

GENERAL CONDITIONS AND SPECIFICATIONS

GENERAL CONDITIONS

A. Intent

The specifications contained herein are intended to cover the furnishing and delivery of automotive batteries for the Montgomery County Public Schools (MCPS) Department of Transportation, Automotive Maintenance depot located in Montgomery County, Maryland.

B. Contract Term

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

C. Brand Names

Reference to brand names and code or model numbers in the attached specifications is offered as a point of reference in order for bidders to consider style, sizes, weights, and similar characteristics. The use of such brand names should not be interpreted as the exclusive brand desired.

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

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

D. Descriptive Literature

When bidding products other than the brand and model specified, bidders are required to furnish with their bid proposal literature properly bound and labeled showing full illustrations and detailed specifications on items bid. The literature and specifications are to be arranged and labeled according to item sequence. The

GENERAL CONDITIONS 2 BID #7102.7

literature shall be clearly marked with the bid number, item number and company name. Bidders shall show the manufacturer’s code and catalog number of the item offered. Failure to submit marked descriptive literature may result in automatic disqualification.

E. Interpretation of Specifications

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

F. Samples

Samples may be required subsequent to the bid opening. Samples must be received within 48 business hours of notification. Notification will be made in writing or by telephone. Samples shall be sent to Montgomery

County Public Schools, Fleet Maintenance, 16651 Crabbs Branch Way, Rockville, Maryland 20855. 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). Failure to deliver samples as required may result in automatic disqualification.

G. Deviations

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

H. Quotations

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

A bidder may restrict its bid to consideration in the aggregate by so stating, but shall name a unit price on each item bid upon. Any bid in which the bidder names a total price for all the articles without quoting a price on each and every separate item may be considered informal. If there is any discrepancy between the unit cost and total cost, the unit cost shall prevail.

GENERAL CONDITIONS 3 BID #7102.7

I. Quantities

MCPS will not be obligated to purchase any specific quantity. Quantities in this request are subject to change and purchases are dependent upon the requirements of MCPS and on budgetary limitations. Orders will be placed from time to time throughout the contract term for delivery to individual locations. Minimum quantity orders will not be accepted.

J. Delivery

Time is of the essence in the performance of this solicitation. Bidders are required to maintain an inventory of at least 25% of the quantity specified in the item specifications. Same day delivery is required between the hours of 8:30 a.m. and 2:30 P.M. after notification by an MCPS authorized representative.

MCPS reserves the right to pick up orders from the successful bidder(s) location if MCPS deems it necessary.

Batteries shall be released only to a MCPS designated authorized representative.

K. Emergency Purchases

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

L. Invoicing

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

Transportation will then forward the invoice to the Division of Controller for payment.

The contractor shall submit a summary invoice twice each month, if requested, listing the sales/delivery ticket numbers covering deliveries made during the monthly billing period. The invoice must be accompanied by one copy of each signed Sales/Delivery Ticket. The invoice shall be forwarded to the address below for approval.

Montgomery County Public Schools

Department of Transportation

16651 Crabbs Branch Way

Rockville, Maryland 20855

M. Provision for Price Adjustment

Subsequent to award, the unit prices quoted herein are subject to price adjustment upward or downward in accordance with increases or decreases announced by the manufacturer after the contract award. The successful bidder must notify Rebecca Williams, buyer, 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 vendor 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 request. MCPS reserves the right to accept or reject the

GENERAL CONDITIONS 4 BID #7102.7

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

N. Warranty

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

Warranty shall be for 18 months from date of installation. All batteries that fail within their warranty period should be returned to supplier for Check and Charge service.

O. Customer References

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

Company Name & Address Contact Phone Contract

Person Number Number

1. __________________________________________________________________________________

Email Address: ________________________________________________________________________

2. ___________________________________________________________________________________

3. ___________________________________________________________________________________

P. 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.

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

GENERAL CONDITIONS 5 BID #7102.7

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 thereunder 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 final decision of a dispute hereunder, the contractor shall proceed diligently with the contract performance.

Q. Submission of Bids

Bid must be submitted in a sealed envelope to Division of Procurement, 45 West Gude Drive, Room 3100, Montgomery County Public Schools, Rockville, MD 20850 no later than the date and time specified on the

Bid Document. Bidders must identify their bid envelope with the bidder’s name and clearly marked with bid number and description. Bidders may wish to reproduce and retain an additional copy for their files.

R. eMaryland Marketplace

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

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

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.

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.

https://emma.maryland.gov/

GENERAL CONDITIONS 6 BID #7102.7

T. 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 reserves the right to make awards according to the best interests of the Board of Education of Montgomery County, Maryland.

U. Award Criteria

1. Conformance to specifications

2. Ability to perform

3. Price

4. Past performance

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 http://www.montgomeryschoolsmd.org/departments/procurement/ or contact Rebecca Williams, Buyer in the

Division of Procurement at Rebecca_V_Williams@mcpsmd.org and/or Procurement@mcpsmd.org, 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.

W. Inquiries

Inquiries regarding this solicitation must be submitted in writing, to Rebecca Williams, Buyer, Montgomery

County Public Schools, Division of Procurement, 45 West Gude Drive, Suite 3100, Rockville, Maryland

20850, Rebecca_V_Williams@mcpsmd.org, and Procurement@mcpsmd.org. Questions must be received no later than four business days prior to bid opening in order for the bidder to receive a reply prior to submitting its bid. The Board of Education will not be responsible for any oral or telephone explanation or interpretation. Bidder contact with any other MCPS employee regarding this solicitation 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 MCPS Procurement website is http://www.montgomeryschoolsmd.org/departments/procurement/.

SPECIAL REQUIREMENTS

A. Scope

The Item Specifications are items that are delivered to the following depot location as specified on the purchase order.

• Shady Grove Depot, 16651 Crabbs Branch Way, Rockville, M.D. 20855 mailto:Rebecca_V_Williams@mcpsmd.org mailto:Procurement@mcpsmd.org mailto:Rebecca_V_Williams@mcpsmd.org mailto:Procurement@mcpsmd.org http://www.montgomeryschoolsmd.org/departments/procurement/

GENERAL CONDITIONS 7 BID #7102.7

B. Method of Ordering

Orders will be placed by individual purchase orders or by telephone by authorized representatives of MCPS.

Contact information will be provided upon award. The successful bidder(s) shall be responsible for only accepting orders placed by authorized personnel. Authorized representative information will be provided in writing upon award.

The method of ordering will be through individual purchase orders or through the use of a purchasing card. Orders will be placed throughout the contract term.

C. Delivery Tickets

Orders placed under this contract for delivery or pickup shall be supported by the successful bidder’s sales/delivery ticket which shall be prepared by the contractor in triplicate. The delivery ticket shall contain the following information:

1. Contractor's name

2. Purchase order number or release authorization

3. Date of purchase

4. Itemized list of supplies furnished

5. MSDS sheet

6. Quantity, unit list price and extension of each item, and total, less any applicable trade discount in accordance with the contract.

7. Name of authorized representative ordering the supplies

8. Name of activity receiving the supplies

D. Disposition of Worn-Out Expended Batteries and Check and Charge Program

• The successful bidder is responsible for the removal of worn-out batteries within 48 hours after notification.

• Maintain an updated record of all batteries removed.

• Each time a battery is picked-up it should be signed by a MCPS representative.

• Submit a credit to the accounts payable unit in accordance with process that will be provided upon award of contract.

Check and Charge Process

• Suppliers shall pick up battery cores at each MCPS transportation depot to determine which batteries are within the 18 months warranty period.

• Perform the check and charge process.

• All batteries picked-up by the supplier for check and charge will have a written memo/invoice for MCPS records.

• Batteries shall be charged and checked using a carbon piled load testes and if possible check with a hydrometer.

• Batteries determined good shall be returned labeled with the date when check and charge was completed, invoiced as check and charge at no cost to MCPS.

GENERAL CONDITIONS 8 BID #7102.7

• Defective batteries within 18 months will be replaced at no cost to MCPS.

• Check and charge batteries shall be picked-up and returned to MCPS within 30 days.

E. Contractor Obligation

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

Facilities (Not Applicable)

Beginning July 1, 2015, all MCPS contracts must include the following provisions:

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

Maryland Law requires that any person who enters into a contract with a county board of education “may not knowingly employ an individual to work at a school” if the individual is a registered sex offender. Under §

11-722 of the Criminal Procedure Article of the Maryland Code, an employer who violates this requirement is guilty of a misdemeanor and, if convicted, may be subject to up to five years imprisonment and/or a $5000 fine.

Effective July 1, 2015, amendments to § 6-113 of the Education Article of the Maryland Code further require that a contractor or subcontractor for a local school system may not knowingly assign an employee to work on school premises with direct, unsupervised, and uncontrolled access to children, if the employee has been convicted of, or pled guilty or nolo contendere to, a crime involving:

a) A sexual offense in the third or fourth degree under § 3–307 or § 3–308 of the Criminal Law Article of the Maryland Code or an offense under the laws of another state that would constitute an offense under § 3–

307 or § 3–308 of the Criminal Law Article if committed in Maryland;

b) Child sexual abuse under § 3-602 of the Criminal Law Article, or an offense under the laws of another state that would constitute child sexual abuse under § 3-602 of the Criminal Law Article if committed in

Maryland; or

c) A crime of violence as defined in § 14–101 of the Criminal Law Article, or an offense under the laws of another state that would be a violation of § 14–101 of the Criminal Law Article if committed in Maryland, including: (1) abduction; (2) arson in the first degree; (3) kidnapping; (4) manslaughter, except involuntary manslaughter; (5) mayhem; (6) maiming; (7) murder; (8) rape; (9) robbery; (10) carjacking; (11) armed carjacking; (12) sexual offense in the first degree; (13) sexual offense in the second degree; (14) use of a handgun in the commission of a felony or other crime of violence; (15) child abuse in the first degree; (16) sexual abuse of a minor; (17) an attempt to commit any of the crimes described in items (1) through (16) of this list; (18) continuing course of conduct with a child under § 3-315 of the Criminal Law Article; (19) assault in the first degree; (20) assault with intent to murder; (21) assault with intent to rape; (22) assault with intent to rob; (23) assault with intent to commit a sexual offense in the first degree; and (24) assault with intent to commit a sexual offense in the second degree.

Each contractor is required to submit, following award of a contract, documentation confirming that its direct employees and those of any subcontractors and/or independent contractors assigned to perform work in a MCPS school facility under the contract meet this obligation. Additionally, the contractor must confirm

GENERAL CONDITIONS 9 BID #7102.7

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.

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

Under recent amendments to § 5-551 of the Family Law Article of the Maryland Code, each contractor and subcontractor shall require that any individuals in its work-force must undergo a criminal background check, including fingerprinting, if the individuals will work in a MCPS school facility in circumstances where they have direct, unsupervised, and uncontrolled access to children. The term “work-force” in this and the preceding section refers to all of the contractor’s direct employees, subcontractors and their employees, and/or independent contractors and their employees that the contractor uses to perform the work required by the contract.

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

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

Procurement website at http://www.montgomeryschoolsmd.org/departments/procurement.

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

Once the contract is awarded, the contractor is responsible for implementing the background check process.

An individual in the contractor’s work-force may not begin work in a MCPS school facility on an assignment where the individual will have direct, unsupervised, and uncontrolled access to children, until:

(a) the background check results for that individual have been received by MCPS; (b) the contractor certifies to MCPS that the individual has received training and/or reviewed informational materials, as appropriate, regarding recognizing, reporting, and preventing child abuse and neglect, consistent with the content provided in training for MCPS employees; and (c) the individual obtains a MCPS identification badge. The badge will be issued by the MCPS Department of Safety and Security, 850 Hungerford Drive, Room 131, Rockville, MD 20850. Appointments are made by calling 301-279-3066. The contractor will be required to return all badges at the conclusion of the contract.

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

GENERAL CONDITIONS 10 BID #7102.7

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.