Notice to Bidders

Invitation for Bids #1192172 for Refuse and Recycling Collection Services for Various County Facilities

This solicitation may be subject to the County’s Wage Requirements law for service contracts. If this solicitation is subject to this law, then Item #27, under Section A, “Services Contract”, on page 4, and “Wage Requirements Certification”, under “Mandatory Submissions: (a) Bid Submissions,” on page B, will be marked. And, in this event, the “Requirements for Services Contract Addendum” should be attached.

If this solicitation is subject to the Wage Requirements law, then the “Wage Requirements Certification” and, if applicable, the “501(c)(3) Non-profit Organization’s Employee’s Wage and Health Insurance Form” (see forms near the end of this document), must be completed and submitted with your bid. If you fail to submit and complete the required material information on the form(s), your bid may be unacceptable under County law and may be rejected for nonresponsiveness.

As noted in Attachment “C” (Section A on Page C2, Wage Requirements Compliance), a contractor required to comply with the Wage Requirements Law must submit certified payroll records for all employees and all subcontractor’s employees governed by the Wage Requirements Law, for each payroll period, to the Office of Business Relations and Compliance, Attn: Wage Program Manager. These payroll records must be submitted quarterly (January, April, July, and October for the prior quarter) and must include the following for each employee and each subcontractor’s employee: name; address;

position/title; daily straight time hours worked; daily overtime hours worked; straight time hourly pay rate; overtime hourly pay rate; any deduction for health insurance; total gross wages paid for each period; and total net wages paid after any additions and deductions for each pay period.

Please note, the information pertaining to the Wage Requirements law that is contained in Attachment C. Note that for services contracts, you can find the current mandatory per-hour wage rate payable to employees under Section 11B-33A of the County Code, by going to the website (www.montgomerycountymd.gov/WRL).

http://www.montgomerycountymd.gov/WRL

IFB #1192172

Revised 07/2022 ii

MONTGOMERY COUNTY, MARYLAND

INVITATION FOR BIDS

GENERAL INFORMATION

NOTE TO POTENTIAL BIDDERS:

Bidder must electronically submit their bid through www.bidnetdirect.com/maryland/montgomerycounty no later than the due date and time as indicated on Page A and Page E. Bidders must register with BidNet Direct in order to view and respond to this solicitation. Visit www.bidnetdirect.com and click on the link to register at no charge. Follow the registration path and select the "Limited Access" option which will provide you with an automatic e-mail notification at no charge. If you need help registering, please call BidNet Direct’s Support Department at 800-835- 4603, Option 2. It is the bidder’s responsibility to follow all steps in BidNet to completion in order to ensure submission of the proposal. The County will not accept bids submitted after the due date and time as indicated on Page A and Page E.

The County will not accept bids it receives by fax, email, mail, or personal delivery. All faxed, emailed, mailed, or personally delivered bids will be returned to the bidder.

Please note:

• The Name and Signature Requirements sections located on the Solicitation, Bid, and Award Sheet.

Failure to sign your bid as required may be cause for your bid to be deemed nonresponsive.

• The Mandatory Bid Submissions on Page B. The checked items must be submitted with your bid.

Failure to submit the mandatory bid submissions may be cause for your bid to be deemed nonresponsive.

• The Method of Award stated in this solicitation on Page A and Page 1, in Section A, Item #3.

http://www.bidnetdirect.com/maryland/montgomerycounty http://www.bidnetdirect.com/

Revised 07/2022 A

BID COVER SHEET

MONTGOMERY COUNTY OFFICE OF PROCUREMENT

27 COURTHOUSE SQUARE, SUITE 330

ROCKVILLE, MARYLAND 20850

IFB#: 1192172 OPENING DATE: July 31, 2026, see page E-1 for Microsoft Teams link OPENING TIME: 11:00AM

FOR: Refuse and Recycling Collection Services for Various County Facilities ISSUE DATE: June 26, 2026

SECTION A – INSTRUCTIONS, CONDITIONS AND

NOTICES

The following checked (X) provisions in Section A are applicable to this solicitation and any resulting contract.

1 BID GUARANTEE: A bid guarantee of N/A is required for this bid.

2 X INTENT: A. X B.

3 X METHOD OF AWARD

A. B. C. D.

E. X (other) See page 16

4 X OPTIONAL PRE-BID CONFERENCE

Date: July 13, 2026 Time: 10:00AM Location: Microsoft Teams Meeting

Click here to join on 7/13/26 at 10AM

5 OR EQUAL INTERPRETATION

6 QUESTIONS:

Technical Contact:

Denise Wade, Deputy Chief denise.wade@montgomerycountymd.gov Non-Technical Contact:

Erik Haugen erik.haugen@montgomerycountymd.gov

7 SAMPLES

27 X SERVICES CONTRACT (see “NOTICE TO

BIDDERS” for website of the current wage rate) 28 CONSTRUCTION CONTRACT (see

Attachment D)

29 X LOCAL BUSINESS PREFERENCE (LBP)

https://www.montgomerycountymd.gov/pro/dbrc/LBPP.html) All provisions in the solicitation, including Section A, numbers 8 through 26 and 30, shall be applicable to any contract awarded as a result of this solicitation.

SECTION B – GENERAL CONDITIONS OF

CONTRACT BETWEEN COUNTY & CONTRACTOR

All provisions in this section shall be applicable to any contract awarded as a result of this solicitation. The correct insurance requirements for this solicitation are listed (in Table ___ of Provision 21) or in Appendix to Section B. These requirements supersede those listed in Provision 21 of the General Conditions between County and Contractor.

SECTION C – SPECIAL TERMS AND CONDITIONS

The following checked (X) provisions shall be applicable to any contract awarded as a result of this solicitation.

1 X ADD OR DELETE

2 X ANNUAL PRICE ADJUSTMENT

A. Commodity/Service Group:

B. X All Items

3 CATALOG DISCOUNT PRICES

4 CATALOG/PRICE LIST REQUIREMENTS

5 CERTIFICATE OF ORIGIN

6 CLEANING OF SITE

7 X CONTRACT ADMINISTRATOR

Gus Montes de Oca, Chief gus.montesdeoca@montgomerycountymd.gov

8 X CONTRACT TERM

X A.

B. Other:

9 CONTRACT VALUE

10 CONTRACTOR RESPONSE

11 X CORRECTION OF WORK AFTER FINAL

PAYMENT

12 CORRECTION OF WORK BEFORE FINAL

PAYMENT

13 DAMAGE/SHORTAGE

14 DEALER STATUS

15 X DELAYS AND EXTENSION OF TIME

16 DELIVERY INSTRUCTIONS

17 X DEPARTMENTS AUTHORIZED TO USE

CONTRACT(S) – Department of General Services https://teams.microsoft.com/meet/25379133165794?p=kHwkb3WoHom2xkIALQ https://mcgov.sharepoint.com/teams/PRO/staff/Department%20Collaboration/Solicitations/DGS/IFB/1192172/Solicitation/erik.haugen@montgomerycountymd.gov https://www.montgomerycountymd.gov/pro/dbrc/LBPP.html

Revised 07/2022 B

18 EQUIPMENT PREPARATION

19 ESTIMATES

20 X FAILURE TO PERFORM/DELIVER

21 HEAVY DUTY

22 X INVOICES (BILLING, PAYMENT & SOLID WASTE

DISPOSAL CHARGE): Email to dfmvendorinvoice@montgomerycountymd.gov

All true and correct copies of invoices and all inquiries regarding payment must be directed to the above address. Failure to comply with this requirement may delay payment.

23 LABOR COSTS

24 MANUALS

25 MATERIAL AND WORKMANSHIP

26 MATERIALS

27 X METHOD OF ORDERING

28 X MULTIPLE AWARDS

29 X NET PRICES

30 NEW MATERIALS

31 OPTION TO INCREASE QUANTITIES

32 X ORDERING TERMS

33 PARTS/SERVICE

34 PAYMENTS

35 PERFORMANCE BOND: In the amount of ___ is required.

36 (this provision has been intentionally left blank)

37 X PROTECTION OF EXISTING FACILITIES

38 X PURCHASE OF GOODS BY NON-PROFIT

ORGANIZATIONS

39 X PURCHASE ORDERS/JOB RELEASES

40 QUANTITIES

41 X SAFETY STANDARDS

42 SERVICE

43 X SITE INSPECTION

Zone #1 & 2 Denise Wade, Deputy Chief Denise. Wade@montgomerycountymd.gov

44 TRAVEL TIME

45 WARRANTY

46 X AUTHORIZATION OF USE

47 CONTRACT ACCESS TO SECURED

FACILITIES

48 ESTIMATES

49 X INSPECTIONS

50 X INVESTIGATIONS

51 X INVOICE REQUIREMENTS

52 MATERIALS

53 X PAYMENT REQUIREMENTS AND

CONDITIONS

54 X PERMITS

55 X PERSONNAL UNIFORMS & IDENTIFICATION

56 X SERVICE FACILITY

57 X SUBCONTRACTING

58 X TAX EXEMPTION

59 X VEHICLES, TOOLS, EQUIPMENT

60 X ADDITION OR DELETION OF FACILITIES

61 X LIQUIDATED DAMAGES

62 X OR EQUAL INTERPRETATION

63 X PRICES

64 X QUALIFICATIONS OF BIDDERS

MANDATORY SUBMISSIONS:

a. BID SUBMISSIONS:

The following checked (XX) items (each of which is described in detail in Section A, B, C, or D) and any related attachments to this solicitation must be submitted with your bid reply:

XX “SOLICITATION, BID AND AWARD SHEET” (Including Page E and entire EXCEL Quotation Sheet)

Current Manufacturer catalog(s) Descriptive Literature XX

Other: Attachment I (including Section C, Item 64 – Qualification of Bidders)

Price List(s) XX

Delivery Schedule (Attachment M – Excel Document ) Bid Guarantee (see pages A & 1)

XX Wage Requirements Certification (see “NOTICE TO BIDDERS” for website providing the current wage rate) and (See Attachment C)

Failure to submit the mandatory bid submissions may be cause for your bid to be deemed nonresponsive.

(Bidders Must Complete the NAME & SIGNATURE REQUIREMENTS in Part II on the Solicitation, Bid and Award Sheet, Page E) mailto:dfmvendorinvoice@montgomerycountymd.gov

PMMD 147b Revised 03/15 C

b. AWARD SUBMISSIONS:

The following checked (XX) items (each of which is described in detail in Section A, B, C, or D) and any related attachments to this solicitation, must be submitted within ten (10) working days after the date of the County's written notification of Intent to Award a Contract:

XX Minority, Female, Disabled Person Subcontractor Performance Plan. (Attachment B), if requested in the Intent to Award notice.

XX Local Business Subcontract Plan (Attachment F), if requested in the Intent to Award notice.

Financial Data Personnel Data

Installation Schedules Plans or Drawings

Other: as follows: Performance Bond (See Pages B & 10)

XX

Certificate of Insurance (see page 6, paragraph #21) and Mandatory Insurance Requirements contained in Appendix to Section B or Insurance Table ___. Awardee must provide the applicable insurance coverage and all costs for this coverage must be calculated into your bid price.

XX Wage Requirements Certification of Posting Notice Failure to submit information in a timely manner as indicated may be cause to consider the Bidder non responsible.

OPTIONAL SUBMISSIONS

The following checked (XX) items (each of which is described in detail in Section A, B, C, or D) and any related attachments to this solicitation), are requested to be submitted with your bid reply:

XX

Minority, Female, Disabled Person Subcontractor Performance Plan (See Attachment B) (To ensure a contract can move forward as a result of this solicitation, the plan needs be submitted with your bid.)

XX References (See Below)

XX Minority Business Program & Offeror’s Representation (Attachment A)

XX Local Business Subcontract Plan (Attachment F)

PMMD 147b Revised 03/15 D

REFERENCES (at least three are requested to be submitted)

If references are required (see Optional Submissions section) for this solicitation, please provide them to the County with your bid. The three references must be from individuals or firms currently being serviced or supplied under similar contracts, or for whom work of a similar scope has been performed within the last year. Names for references shall be of individuals who directly supervised or had direct knowledge of the services or goods provided.

If you do not include them with your bid submission, and you are one of the three low bidders, you may be required to submit references within ten

(10) days notice from the County. Failure to provide the County with references within that time frame may result in the Bidder being ruled nonresponsible or nonresponsive by the Director, Office of Procurement or his/her designee and the forfeiture of your bid guarantee (if applicable).

1. Name of Firm:

Address: City: ST: Zip:

Contact Person: Phone:

Email Address:

2. Name of Firm:

Address: City: ST: Zip:

Contact Person: Phone:

Email Address:

3. Name of Firm:

Address: City: ST: Zip:

Contact Person: Phone:

Email Address:

E-1

IFB #1192172 MONTGOMERY COUNTY, MARYLAND

REFUSE AND RECYCLING COLLECTION

SERVICES FOR VARIOUS COUNTY FACILITIES

SOLICITATION, BID AND AWARD SHEET

Bidder must electronically submit their bid through www.bidnetdirect.com/maryland/ montgomerycounty

PART I: SOLICITATION (Invitation for Bids (“IFB”)) ELECTRONIC BIDS SUBMITTED TO FURNISH THE SUPPLIES AND/OR SERVICES DESCRIBED ON THE ATTACHED QUOTATION SHEET(S), WILL BE RECEIVED UP TO 11:00AM LOCAL TIME ON 7/31/2026. BIDS WILL BE REMOTELY OPENED AT THE DATE AND TIME STATED VIA MICROSOFT

TEAMS. CLICK HERE TO JOIN THE BID-OPENING MEETING ON 7/31/2026 AT 11:00AM.

BIDS RECEIVED AFTER THE DATE AND TIME SPECIFIED WILL NOT BE CONSIDERED AND WILL BE DENIED BY THE BIDNET APPLICATION. THE FOLLOWING DOCUMENTS ARE HEREBY INCORPORATED BY REFERENCE INTO AND MADE PART OF ANY CONTRACT AWARDED. In the event of any conflict among the provisions of the bid documents, or those documents comprising the resultant Contract, the conflict must be resolved by giving precedence to the below documents in the following order:

1. The “General Conditions of Contract between County and Contractor”, and the “Special Terms and Conditions” shown in Sections B and C of this document.

2. The “Instructions, Conditions and Notices” shown in Section A of this IFB.

3. The specifications/scope of work shown in Section D of this document.

4. All solicitation amendments that change Section D will supersede in the event of a conflict.

5. All representations and certifications listed in this document.

6. This “Solicitation, Bid and Award Sheet” and the attached solicitation Quotation Sheet(s).

PART II-BID

The Bidder, by signing this solicitation, agrees that the County has 120 calendar days from the bid opening date in which to make an award of this solicitation. The Bidder agrees that its prices and/or discounts for all desired goods and/or services shall remain firm for the above time period prior to contract award. Also, the Bidder agrees that all instructions, terms, conditions, specifications, and amendments of this solicitation shall remain firm for the above time period prior to contract award.

The County’s Standard Payment Terms are Net Thirty (30) Days. This does not preclude an offeror from offering a prompt payment discount for payment of proper invoices in less than (30) days. An optional prompt payment term is not required, but may be offered conditioned on the following basis: Only a prompt payment discount, conditioned on a thirty-day or greater payment basis, will be utilized to recalculate prices for purposes of the Method of Award process for price/cost only.

Prompt payment discounts may be offered on a shorter payment basis and adopted by the County at time of award, but will not be considered during the Method of Award process. Only a bid from a Certified Small Business with Health Insurance that submits a certificate issued by Montgomery County Department of Health and Human Services at the time of bid submission will receive a % price preference that will be utilized to recalculate prices for purpose of the Method of Award process in accordance with the criteria stated under Procurement Regulation 11B.77.01.06; See Procurement Regulations at: www.montgomerycountymd.gov/PRO/Laws.html NAME AND SIGNATURE REQUIREMENTS FOR BIDS AND CONTRACTS: The correct and full legal business name of the bidder must be used in bids received and on all contracts issued as a result of this solicitation. A trade name (i.e., a shortened or different name under which the firm does business) must not be used when the full legal name is different. Corporations must have names that comply with State Law, which requires a suffix indicating the corporate status of the business (e.g. Inc., Incorporated, etc.). Trade names may be indicated by individuals or corporations with the individual or corporate name followed by “t/a” (trading

as) or “d/b/a’ (doing business as) respectively. The offeror’s signature on the proposal, contract, amendment(s), or related correspondence, must conform to the following:

All signatures must be made by an authorized officer, partner, manager, member, or employee. The signing of an offer or a contract is a representation by the person signing that the person signing is authorized to do so on behalf of the offeror or contractor.

BIDDER'S CORRECT AND FULL LEGAL BUSINESS NAME: TELEPHONE NO.:

ADDRESS: TOLL FREE NO.:

REMITTANCE ADDRESS: (If Remittance Address is Different from Above Address) FAX NO.:

BIDDER’S E-MAIL ADDRESS:

ACKNOWLEDGEMENT OF AMENDMENTS

The bidder acknowledges receipt of amendments to the solicitation for offers and related documents numbered and dated as follows:

Amendment No./Date Amendment No./Date NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (TYPE OR PRINT):

SIGNATURE OF ABOVE PERSON: DATE:

PART III: AWARD (TO BE MADE BY THE COUNTY’S CONTRACTING OFFICER ( OFFICE USE ONLY ) YOUR BID IS ACCEPTED AS TO THE FOLLOWING AND/OR AS ATTACHED TO THIS DOCUMENT: YOUR CONTRACT NUMBER IS:

MONTGOMERY COUNTY, MARYLAND

BY

PRINTED NAME OF CONTRACTING OFFICER SIGNATURE OF CONTRACTING OFFICER AWARD DATE

THIS FORM HAS BEEN APPROVED AS TO FORM AND LEGALITY BY THE OFFICE OF THE COUNTY ATTORNEY http://www.bidnetdirect.com/maryland/montgomerycounty https://teams.microsoft.com/meet/27054288069457?p=0ju371KtNY8731IaAC

E-2

Refuse and Recycling Collection Services for Various County Facilities

It is the intent of this Invitation for Bids to establish a contract with the qualified, responsible bidder(s) submitting the lowest responsive bid(s). The contract will be awarded by zone to the responsible bidder submitting the lowest responsive bid, as determined by the Director, Office of Procurement. The lowest bid is determined by the aggregate of the unit prices extended by the estimated quantities set forth for each zone on the Quotation Sheet.

To be eligible for award of a zone, bidders must submit a unit price for every container type at every facility within that zone. Failure to bid all items within a zone will result in the bid being declared non-responsive and rejected. Bidders may submit bids for multiple zones; however, no bidder will be awarded more than one zone. If a bidder submits the lowest responsive and responsible bid for more than one zone, the County will determine which zone to award that bidder based on the best interest of the County. All unit prices must remain firm for the first contract year.

The Quotation sheet is provided as an interactive worksheet in the attached excel file via Bidnet. Bidders must utilize the Excel spreadsheet provided by the County as the bid part of their quotation sheet. All calculations will be automatically calculated. Bidders must complete this worksheet electronically and submit with your bis submission VIA BIDNet.

*Note- The attached Excel spreadsheet of the Quotation Sheet will not calculate the Total Aggregate unless a Unit Price Per Collection is entered for each Type of container at each Facility.

MONTGOMERY COUNTY, MARYLAND

OFFICE OF PROCUREMENT

SECTION A - INSTRUCTIONS, CONDITIONS AND NOTICES

(Numbers 1-7, 27, 28 and 29 are subject to selection on Bid Cover Sheet)

1. BID GUARANTEE

A Bid Guarantee (Bid Bond or Irrevocable Letter of Credit), must accompany each Bid and be duly executed by the Bidder as a principal, and made payable to Montgomery County. See the Bid Cover Sheet for the amount required for the Bid Guarantee for this particular bid. A copy of the Bid Guarantee must be submitted electronically, in PDF format, with your Bid. Prior to award, the successful Bidder(s) must present an original copy of the Bid Bond or Irrevocable Letter of Credit to the Office of Procurement, 27 Courthouse Square, Suite 330, Rockville, MD 20850. The County reserves the right of approval of any instrument offered as Bid Guarantee.

2. INTENT

A. The Intent of this Invitation for Bids is to establish a Fixed Price or

Rate of Discount Contract for the purchase of goods/services for Montgomery County, Maryland, as per the Terms, Conditions, Specifications, and/or Scope of Work, and Quotation Sheet contained herein.

B. The Intent of the Invitation for Bids is to establish a Time and Materials Contract(s) with a responsible Contractor(s) to complement County forces at various County facilities, as may be required and as may be directed by the Director, Office of Procurement, and as called for in the SCOPE OF WORK statement(s) attached. All work shall be performed by a Specialty Contractor of established reputation who is regularly engaged in the performance of the specified work and who maintains, and makes available for this purpose, a regular force of skilled workmen.

3. METHOD OF AWARD

A. The contract will be awarded to the responsible bidder submitting the lowest responsive bid, as determined by the Director, Office of Procurement. The lowest bidder is determined by the aggregate amount of the unit prices extended by the quantities set forth on the Quotation Sheet. Bidders must bid each item in order to be eligible for an award.

B. The contract will be awarded by group to the responsible bidder submitting the lowest responsive bid, as determined by the Director, Office of Procurement. The lowest bid is determined by the aggregate amount of the unit prices extended by the quantities set forth in each group on the Quotation Sheet. Bidders must bid each item within a particular group in order to be eligible for an award for the group itself.

C. The contract will be awarded to the responsible bidder submitting the lowest responsive bid, as determined by the Director, Office of Procurement. The lowest bidder is determined by the lowest unit price bid.

D. The contract will be awarded by line item to the responsible bidder submitting the lowest responsive bid, as determined by the Director, Office of Procurement.

E. The contract will be awarded by any other Method of Award as stated on the Bid Cover Sheet.

Regardless of which Method of Award is selected for this bid (Items A-E), THE DIRECTOR, OFFICE OF PROCUREMENT, reserves the right to award a contract by individual items, in the aggregate, or in any combination thereof, or to reject any or all bids and to waive any informality in bids received whenever such rejection or waiver is in the best interest of the County.

Additionally, bidders are hereby notified that the Montgomery County Code, Section 11B-56 concerning the procurement of recycled materials and supplies is applicable to this solicitation. The Code requires, where practicable, procurement by the County of materials and supplies recycled from solid waste, and authorize the use of a percentage price preference.

The percentage price preference for this solicitation is stated on the Bid

Cover Sheet of this particular bid.

Recycled Material as defined by Section 11B-56 means "material recovered from or otherwise diverted from the waste stream, including recycled paper.

It includes post-consumer waste, industrial scrap material and obsolete inventories ...” A percentage price preference means "the percentage by which a responsive bid from a responsible bidder whose product contains recycled materials (or a greater use of recycled materials) may exceed the lowest responsive bid submitted by a responsible bidder whose product does not contain recycled materials (or a lesser use of recycled materials)."

Bidders offering recycled products as defined by the County Code are cautioned that in order to be eligible for the price preference, the County must be aware at bid opening that the product being offered is recycled. Failure to provide specifications and/or other documentation at bid opening indicating that the product being offered is recycled may result in the bidder not receiving the price preference.

Bidders are also advised that a decision on use of a specification for a good containing recycled materials or a percentage price preference is within the sole discretion of the County and may not be appealed.

4. OPTIONAL PRE-BID CONFERENCE(S)

One or more optional Pre-Bid Conference(s) will be held. It is optional, though highly recommended that prospective bidders attend the pre-bid conference(s). For information regarding the date, time, and place of the conference(s), sees the Bid Cover Sheet.

5. OR EQUAL INTERPRETATION

Unless stated otherwise in the Scope of Services, identification of an item by manufacturer's name, trade name, catalog number, or reference is intended to be descriptive but not restrictive in that it is used for the purpose of describing the type, style, quality, performance and minimum specifications of the product desired, and shall not be interpreted to mean the only acceptable product. Bids on other makes and/or models will be considered provided the bidder clearly states in the spaces provided in the Quotation Sheet what is being proposed and forwards with the bid complete descriptive literature indicating the character of the article being offered and addressing all specifications of this solicitation.

The County reserves the right to accept or reject, in its sole discretion, items offered as an "equal".

6. QUESTIONS

All technical and non-technical questions pertaining to this Invitation for Bids should be directed to the individuals whose names are indicated on the Bid Cover Sheet.

7. SAMPLES

When samples are required it will be so indicated. Samples must be submitted so as to arrive at the designated location prior to the opening of bids and must be identified with the NAME OF BIDDER, BID NUMBER AND BID ITEM NUMBER. Failure to properly identify samples may cause bid to be considered nonresponsive. Samples shall be free of charge and delivered at the bidder's expense. The County will have the right to destroy, alter, or mutilate samples in examination for specification or performance compliance without charge from bidder. Samples may be removed within ten (10) days after award. Samples may at the County's option be retained for the life of any subsequent contract period.

8. ACCEPTANCE TIME

By submission of an offer under this solicitation, the offeror agrees that the County has 120 days after the opening date in order to issue an award. The County reserves the right to reject, as nonresponsive, any offer that specifies less than 120 days of acceptance time. Upon mutual agreement between the County and the Offeror, the acceptance time for the Offeror’s bid may be extended.

9. ALTERNATE OFFERS

Bidders must bid only one (1) product and one (1) price per bid item even though they feel they can offer more than one item that will meet the specifications. Bidders must determine for themselves which to offer. If a bidder submits more than one (1) product and/or more than one (1) price for a given bid item or items, it may be cause for the item or items bid upon to be considered non-responsive and rejected.

10. AWARD OR REJECTION OF BID

A. Failure to submit requested data, surety, or other documents in the electronic bid submission as may be required herein may be cause for rejection of the bid

B. The County reserves the right to accept or reject any or all bids, or portion thereof, to give an offeror an opportunity to cure any deficiency resulting from a minor irregularity in a bid or to waive the deficiency, whichever is to the advantage of the County, and to award the Contract in the best interest of the County. The decision of the Director with respect to whether a defect is a minor informality is made in the sole discretion of the Director and is not subject to review and may not be challenged by a bidder.

C. Conditional or qualified bids are subject to rejection.

D. The County reserves the right to reject the bid of a bidder who has previously failed to perform properly or to complete in a timely manner, contracts of a similar nature, or if investigation shows the bidder unable to perform the requirements of the contract.

11. BID PREPARATION EXPENSES

All costs incurred in the preparation and submission of bids will be borne by the bidder and shall not be incurred in anticipation of receiving reimbursement from the County.

12. BID PROTESTS

All protests made pursuant to this solicitation must be in writing and delivered to the Director, Office of Procurement: (a) within ten (10) calendar days after the Director, Office of Procurement, publicly posts the proposed contract award, if the bidder seeks as a remedy the award of the contract or costs under Section 11B-36(h) of the Montgomery County Code, or (b) before the submission date for bids, if the bidder seeks as a remedy the cancellation or amendment of the solicitation. Each protest must contain a protest filing fee in the amount of $500 (US currency); if the fee is paid by check, then the check must be made out to “Montgomery County Government”. The Director, Office of Procurement, may return the filing fee to the protesting bidder, if the protest is sustained. The Director, Office of Procurement, must dismiss any protest not timely received.

Only an “aggrieved” bidder may file a protest. Aggrieved means that the bidder who is filing the protest may be eligible for an award of the contract if the protest is sustained (e.g., a fourth ranked bidder is not aggrieved unless the grounds for a protest, if sustained, would disqualify the top three ranked bidders or would require that the solicitation be reissued).

Each protest must contain the following: identification of the solicitation; the name, address, email address, fax and telephone numbers of the protesting offeror; a statement supporting that the bidder is aggrieved; and specification of all grounds for the protest, including submission of detailed facts and all relevant documents, citation to relevant language in the solicitation, regulations, or law relied upon; and, all other matters which the bidder contends supports the protest. The burden of production of all relevant evidence, data, and documents, and the burden of persuasion, to support the protest is on the bidder making the protest.

13. BID WITHDRAWAL/MODIFICATION

Vendor can withdraw and make edits to a bid before a solicitation’s closing date and time. To withdraw your bid, log into www.bidnetdirect.com/maryland/montgomerycounty and click “Solicitations” then “Bid Management” and follow the withdrawal process. If you need help withdrawing your bid, please call BidNet Direct’s Support Department at 800- 835- 4603, Option 2. The bidder’s withdrawal and resubmission must occur before the closing date and time.

14. BIDDER'S PAYMENT TERMS

The County will reject as nonresponsive a bid under this solicitation, which is conditioned on payment of proper invoices in less than thirty (30) days. The County’s Standard Payment Terms are Net Thirty (30) Days. This does not preclude an offeror from offering a prompt payment discount for payment of proper invoices in less than thirty (30) days. An optional prompt payment term is not required, but may be offered conditioned on the following basis:

Only a prompt payment discount conditioned on a thirty-day or greater payment basis will be utilized to recalculate prices for purposes of the Method of Award process for price only. Prompt payment discounts may be offered on a shorter payment basis and adopted by the County at time of award, but will not be considered during the Method of Award process.

15. BIDS

Bidder must electronically submit their bid through www.bidnetdirect.com/maryland/montgomerycounty no later than the due date and time as indicated on Page A and Page E. Bidders must register with BidNet Direct in order to view and respond to this solicitation. Visit www.bidnetdirect.com and click on the link to register at no charge. Follow the registration path and select the "Limited Access" option which will provide you with an automatic e-mail notification at no charge. If you need help registering, please call BidNet Direct’s Support Department at 800-835- 4603, Option 2.

Information regarding the bid results (apparent low bidder) for this bid or any bid issued by the Montgomery County Office of Procurement, will be posted on Montgomery County’s website at:

http://www.montgomerycountymd.gov/PRO/solicitations/proposed-awardees.html

16. ERRORS IN BIDS

A. Failure of the bidder to thoroughly understand all aspects of the

Invitation for Bids before submitting the bid will not act as an excuse to permit withdrawal of the bid nor secure relief on pleas of error.

B. The unit price will govern in the event of a discrepancy between the unit price bid and the extended price.

C. The sum of the extended prices will govern in the event of a discrepancy between the aggregate total bid and the extended prices.

D. The written words will govern in the event of a discrepancy between the prices written in words and the prices written in figures.

17. JOINT PROCUREMENT (Optional Use of the Contract) The following entities within Montgomery County must be able to purchase directly from contracts resulting from this solicitation:

Maryland-National Capital Park & Planning Commission (M-NCPPC) Montgomery College (MC) Montgomery County Public Schools (MCPS) Montgomery County Revenue Authority Montgomery County Housing Opportunities Commission (HOC) Washington Suburban Sanitary Commission (WSSC) Municipalities & Special Tax Districts in Montgomery County.

While this IFB is prepared on behalf of Montgomery County, it is intended to apply for the benefit of the above-named entities as though they were expressly named throughout the document. Each of these entities may purchase from the successful vendor under the same prices and goods and/or services of the contract with Montgomery County, in accordance with each entity's respective laws and regulations, or an entity may choose not to procure from the successful bidder at the entity's sole discretion. If one of the above-named entities elects to purchase under the contract, the price shall be determined by using unit costs and other pertinent costs that are provided in the bid. Montgomery County shall not be held liable for any costs, payments, invoices, or damages incurred by the above jurisdictions. Each entity above will be solely responsible for and contract directly with the bidder under the entity’s own procurement laws and regulations. ANY SPECIAL DISCOUNTS UNIQUE TO A PARTICULAR ENTITY (e.g. Montgomery County Public Schools educational discounts) SHOULD BE OFFERED TO

THAT ENTITY.

http://www.bidnetdirect.com/maryland/montgomerycounty http://www.bidnetdirect.com/maryland/montgomerycounty http://www.bidnetdirect.com/ http://www.montgomerycountymd.gov/PRO/solicitations/proposed-awardees.html

18. MINORITY, FEMALE, DISABLED PERSON PROGRAM

COMPLIANCE

Under County law, this solicitation is subject to the Montgomery County Code and the Montgomery County Procurement Regulations regarding participation in the Minority, Female, Disabled Person (MFD) Procurement Program. Further information regarding the County's MFD program is contained within this solicitation (see the provision entitled "Minority-Owned Business Addendum to the General Conditions of Contract between County and Contractor" and its companion document entitled "Minority, Female, and Disabled-Person Subcontractor Performance Plan").

19. MONTGOMERY COUNTY CODE AND PROCUREMENT

REGULATIONS

The Montgomery County Code and Procurement Regulations are applicable to this solicitation and any contract awarded pursuant to this solicitation.

20. NAME AND SIGNATURE REQUIREMENTS FOR BIDS AND

CONTRACTS

The correct and full legal business name of the entity involved must be used on bids received and on contract(s) issued as a result of this solicitation. A trade name, i.e., a shortened or different name under which the firm does business, must not be used when the full legal name is different. Corporations must have names that comply with State law, which requires a suffix indicating the corporate status of that business (e.g., Inc., Incorporated, etc.).

Trade names may be indicated by individuals or corporations with the individual or corporate name followed by "t/a" (trading as) or "d/b/a" (doing business as), respectively. The signature on the bid, contract, amendment, or related correspondence must conform to the following:

All signatures must be made by an authorized officer, partner, manager, member, or employee. The signing of an offer or a contract is a representation by the person signing that the person signing is authorized to do so on behalf of the offeror or contractor.

21. PROMPT PAYMENT DISCOUNT TERMS

Bidders please note: Prompt payment discounts will be considered in the evaluation of your bid if the discount on payments is not conditioned on payment being made in less than thirty (30) days from receipt of invoice.

22. PROPRIETARY & CONFIDENTIAL INFORMATION

This is to notify prospective bidders that the County has unlimited data rights regarding bids submitted in response to its solicitations. Unlimited data rights means that Montgomery County 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 offerors in response to this or any solicitation issued by the County. However, information that is deemed to be confidential commercial or financial information as defined by the Maryland Information Act, State Government Article §10-617, will be exempted from disclosure if the submitter can show that release of such information would cause substantial competitive harm to the submitter.

It is the responsibility of the bidder to clearly identify each part of his/her offer that it believes 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 bidder agrees, with regard to any portion of the bid that is not stamped “proprietary” or “confidential” that it believes, and expressly permits, the County to deem it not to be proprietary or confidential.

23. PUBLIC POSTING

Of particular importance is the fact that the notice of a decision to make an award will be accomplished by a posting of the proposed contract awardee on a public list located in the Office of Procurement, 27 Courthouse Square, Suite 330, Rockville, Maryland 20850.

The time period for appeal contained in Section 11B-36 commences THE DAY FOLLOWING the date of the posting.

It is the responsibility of the offerors to keep informed of the current status of any proposed awardees for contracts in which they are interested, as per Section 3.2.2 of the Procurement Regulations.

Information regarding the proposed awardee(s) under this bid or any bid issued by the Montgomery County Office of Procurement will be posted on Montgomery County’s website at:

http://www.montgomerycountymd.gov/PRO/solicitations/proposed-awardees.html

24. QUALIFICATION OF BIDDERS

Bidders may be required to furnish satisfactory evidence that they are qualified dealers or manufacturers of the items listed, or are regularly engaged in performing the services on which they are submitting a bid, and in both cases maintain a regularly established place of business. An authorized representative of the County may visit and inspect any prospective Contractor's plant, manufacturing facility or place of business, etc. where the goods, services or construction are performed to determine ability, capacity, reliability, financial stability, and other factors necessary to perform the contract. The County may visit and inspect any prospective Contractor’s use of a Subcontractor’s plant, manufacturing facility or place of business, etc.

where the goods, services or construction are performed to determine ability, capacity, reliability, financial stability, and other factors necessary to perform the contract. In both instances above, the information gathered on the visit and inspection on the Contractor or its Subcontractor(s) may be used by the County to determine the responsibility of a Bidder.

If so requested, a bidder may be required to submit information about its reputation, past performance, business, and financial capability, and other factors that demonstrate that the bidder is capable of satisfying the County’s needs and requirements for this solicitation.

25. SOLICITATION AMENDMENTS

In the event that an amendment to this solicitation is issued, all solicitation terms and conditions will remain in effect unless they are specifically changed by the amendment. Bidders are responsible for checking the website at https://www.montgomerycountymd.gov/PRO/solicitations/formal-solicitations.html periodically to remain informed of any solicitation amendments.

BIDDERS MUST ACKNOWLEDGE RECEIPT OF SUCH SOLICITATION

AMENDMENTS, to the place designated, and prior to the hour and date specified in the solicitation (as amended) for receipt of Bids. UNLESS A

WAIVER IS GRANTED, BIDDERS THAT DO NOT

TIMELY ACKNOWLEDGE RECEIPT OF SOLICITATION

AMENDMENTS BY ONE OF THE FOLLOWING METHODS WILL BE

REJECTED:

(a) by acknowledging receipt of the amendment on the Solicitation, Bid, and Award sheet submitted.

(b) by a signed statement that the amendment is acknowledged which indicates the solicitation and amendment numbers, and is submitted with the bid or prior to the bid due date and time.

A waiver may be granted by the Director, Office of Procurement, if it is deemed to be in the County's best interest. No waiver may be granted, however, until the bidder states in writing that the bidder will be bound by any substantive changes made by the amendment to the terms of the solicitation.

If a bidder desires to change a bid that has already been submitted, the bidder can withdraw and make edits to a bid before a solicitation’s closing date and time. To withdraw your bid, log into www.bidnetdirect.com/maryland/montgomerycounty and click “Solicitations” then “Bid Management” and follow the withdrawal process. If you need help withdrawing your bid, please call BidNet Direct’s Support Department at 800- 835- 4603, Option 2. The bidder’s withdrawal and resubmission must occur before the closing date and time.

26. VERBAL EXPLANATIONS

Verbal explanations or instructions given by a Montgomery County employee to a bidder in regard to this solicitation are not binding on the County. Any information given to a bidder, in response to a request, will be furnished to all bidders as an amendment to this solicitation, if such information is deemed necessary for the preparation of bids, or if the lack of such information would http://www.montgomerycountymd.gov/PRO/solicitations/proposed-awardees.html http://www.montgomerycountymd.gov/PRO/solicitations/proposed-awardees.html https://www.montgomerycountymd.gov/PRO/solicitations/formal-solicitations.html https://www.montgomerycountymd.gov/PRO/solicitations/formal-solicitations.html be detrimental to the uninformed bidders. Only such amendments, when issued by the Director, Office of Procurement, will be considered as being binding on the County.

27. SERVICES CONTRACT (County Code 11B-33A) Under County law, a solicitation for a contractor to provide services is subject to the Montgomery County Code regarding compliance with certain wage requirements payable to the Contractor’s employees. Additional information regarding the County’s wage requirements is contained within this solicitation (see the provision entitled “Wage Requirements for Services Contracts Addendum to the General Conditions of Contract between County and Contractor” and its companion documents entitled “Wage Requirements Certification” and “501(a)(3) Non-profit organization/s Employee’s Wage and Health Insurance Form). If a bidder fails to submit and complete the required material information on the Wage Requirements Certification form, its bid may be deemed unacceptable under County law and may be rejected for nonresponsiveness.

28. PREVAILING WAGE (County Code §§11B-33C, and 20-75) The Prevailing Wage Law applies to all construction contracts and to mechanical systems services contracts that meet minimum threshold contract values. Unless otherwise excluded by County law, a County-financed construction contract and a mechanical systems service contract that meet minimum threshold contract values are subject to the Montgomery County Code regarding compliance with the prevailing wage paid to construction workers, as established for the County by the Maryland State Commissioner of Labor and Industry. Additional information regarding the County’s prevailing wage requirements is contained within this solicitation/contract (see the provision entitled “Prevailing Wage Requirements for Construction Contract Addendum to the General Conditions of Contract between County and Contractor”).

An aggrieved employee is a third-party beneficiary of this Contract and the employee may, by civil action, recover the difference between the prevailing wage for the type of work performed and the amount actually received, with interest and a reasonable attorney’s fee.

29. LOCAL BUSINESS PREFERENCE (LBP)

Only a Bidder who: (1) has a valid local business certification when the business submits a timely proposal; or (2) has applied for local business certification prior to the due date/time to submit a proposal, will receive a 10 percent price preference with a ceiling of $200,000, in accordance with Executive Regulations 13-20. Also, refer to:

https://www.montgomerycountymd.gov/pro/dbrc/LBPP.html.

30. TIE BIDS

In conjunction with the bid’s selected method of award (Section A.3.), tie bids will be resolved by making a proposed award of the contract(s) to the bidder who has its principal place of business in Montgomery County, Maryland. If bids are still tied, then the tie will be resolved in accordance with the criteria in the order stated under Procurement Regulation 4.1.1.4(e).

(Section A: Items 1 - 30, Revision Date 07/2022)

SECTION B - GENERAL CONDITIONS OF CONTRACT BETWEEN

COUNTY & CONTRACTOR

1. ACCOUNTING SYSTEM AND AUDIT, ACCURATE

INFORMATION

The contractor certifies that all information the contractor has provided or will provide to the County is true and correct and can be relied upon by the County in awarding, modifying, making payments, or taking any other action with respect to this contract including resolving claims and disputes. Any false or misleading information is a ground for the County to terminate this contract for cause and to pursue any other appropriate remedy. The contractor certifies that the contractor's accounting system conforms with generally accepted accounting principles, is sufficient to comply with the contract's budgetary and financial obligations, and is sufficient to produce reliable financial information.

The County may examine the contractor's and any first tier subcontractor's records to determine and verify compliance with the contract and to resolve or decide any claim or dispute arising under this contract. The contractor and any first tier subcontractor must grant the County access to these records at all reasonable times during the contract term and for 3 years after final payment.

If the contract is supported to any extent with federal or state funds, the appropriate federal or state authorities may also examine these records. The contractor must include the preceding language of this paragraph in all first tier subcontracts.

2. AMERICANS WITH DISABILITIES ACT

The contractor agrees to comply with the nondiscrimination requirements of Titles II and III, and other provisions, of the Americans with Disabilities Act of 1990, Pub. Law 101-336, and ADA Amendments Act of 2008, Pub. Law 110-325, as amended, currently found at 42 U.S.C., § 12101, et seq., and 47 U.S.C., ch. 5.

3. APPLICABLE LAWS

This contract must be construed in accordance with the laws and regulations of Maryland and Montgomery County. The Montgomery County Procurement Regulations are incorporated by reference into, and made a part of, this contract. In the case of any inconsistency between this contract and the Procurement Regulations, the Procurement Regulations govern. The contractor must, without additional cost to the County, pay any necessary fees and charges, obtain any necessary licenses and permits, and comply with applicable federal, state and local laws, codes and regulations. Through signature of this contract, the contractor certifies that the contractor has filed an initial statement with the Maryland State Board of Elections in compliance with MD Code Ann., Election Law, §14-104(b)(1), or is not required to file an initial statement as per MD Code Ann., Election Law, §14-104(c)(2).

For purposes of litigation involving this contract, except for contract Disputes discussed in paragraph 8 below, exclusive venue and jurisdiction must be in the Circuit Court for Montgomery County, Maryland or in the District Court of Maryland for Montgomery County.

The County’s prevailing wage law, as found at §11B-33C of the County Code, applies to certain construction and mechanical systems service contracts. To the extent applicable, the County’s prevailing wage requirements are enumerated within this solicitation/contract in the “Prevailing Wage Requirements for Construction Contract Addendum to the General Conditions of Contract between County and Contractor.” If applicable to this contract, the Addendum will be attached to the contract, and will be incorporated herein by reference, and made a part thereof.

Furthermore, certain non-profit and governmental entities may purchase supplies and services, similar in scope of work and compensation amounts provided for in a County contract, using their own contract and procurement laws and regulations, pursuant to the Md. State Finance and Procurement Article, Section 13-101, et. seq.

Contractor and all of its subcontractors must comply with the provisions of County Code §11B-35A and must not retaliate against a covered employee who discloses an illegal or improper action described in §11B-35A.

Furthermore, an aggrieved covered employee under §11B-35A is a third-party beneficiary under this Contract, who may by civil action recover compensatory damages including interest and…