834591airPgps.pdf

Dr. William D. Alexander, III, LEED AP, PMP, CCM, CEM, CEA, SFP, BEAP

Construction Procurement Supervisor

13300 Old Marlboro Pike | Upper Marlboro, MD 20772 | 301-952 6609

IFB DBS27-003 Indoor Air Quality Services at Various Locations

INVITATION FOR BID (IFB)

DBS27-003 REVISED

Indoor Air Quality Services at Various Locations

To All Prospective Bidders:

Prince George’s County Public Schools (PGCPS) is soliciting sealed bids from qualified vendors in response to this Invitation for Bids (IFB) solicitation No. IFB DBS27-003 Indoor Air Quality Services at Various Locations.

Solicitation Documents may be obtained by:

● Download the solicitation by accessing eMaryland Marketplace link:

https://ebidmarketplace.com/

● Download the solicitation by accessing the Prince George’s County Public School Board’s website at the following link: https://www.pgcps.org/offices/purchasing/procurement-opportunities/solicitations

Please respond according to the instructions provided in the IFB. Bidders are cautioned not to make changes to any of the terms and conditions or specifications in this solicitation, doing so may render a Bidder’s bid unacceptable and subject to rejection.

The Department of Purchasing & Supply Services is not responsible for information obtained from sources outside the Prince George’s County Purchasing Office, including downloads from the County web-site. Vendors are directly responsible for obtaining updates, changes or addendums either from the updated web-page or by contacting the Purchasing Office for instruction. If the Bidder has questions, they must be in writing and directed to the point of contacts specified. Failure to adhere to this requirement may subject the Bidder to immediate disqualification.

ISSUED BY

Department of Purchasing & Supply Services

SOLICITATION NUMBER: DBS27-003

RELEASE DATE: Wednesday, July 1, 2026

PRE-BID MEETING: Not Applicable for this Solicitation

QUESTIONS DUE DATE/TIME: Wednesday, July 8, 2026 @ 2:00 p.m.

BID DUE DATE/TIME: Wednesday, August 5, 2026 @ 2:00 p.m.

DIRECT INQUIRIES TO: vera2.jones@pgcps.org about:blank https://www.pgcps.org/offices/purchasing/procurement-opportunities/solicitations https://www.pgcps.org/offices/purchasing/procurement-opportunities/solicitations

PART I: INTRODUCTION AND BACKGROUND:

The Board of Education of Prince George’s County (The Board) serves the needs of public education in Prince George’s County, covering approximately 1,789 square miles, with a residential population of more than 904,430. Prince George's County Public Schools (PGCPS), one of the nation's 20th largest school districts, has 208 schools and centers, has approximately 131,657 students and nearly

22,000 employees and an annual operating budget of $2.3 billion.

The school system serves a diverse student population from urban, suburban and rural communities located in the Washington, DC suburbs. PGCPS is nationally recognized for college and career-readiness programs that provide students with unique learning opportunities, including dual enrollment and language immersion. The Central administration headquarters is located at 14201

School Lane, Upper Marlboro, Maryland.

1. PURPOSE

The Board of Education of Prince George’s County (The Board) is issuing this Invitation for Bids (IFB) to Indoor Air Quality Services at Various Locations defined in Part III, Scope of Work. These goods and services are to be performed principally for the Department of Building Services; however services may be requested by other Departments within the Prince George’s County Public School system.

2. SUMMARY OF SCOPE

The BOARD requests bids for the work detailed and specified in the Invitation for Bid (IFB). This IFB will be used to Indoor Air Quality Services at Various Locations on an as needed basis. The bidder shall be fully qualified and properly licensed to serve as a ready supply source for the items listed in this IFB. Responses submitted must meet or exceed all requirements. Bids that do not meet all requirements will be considered non-responsive. All exceptions must be noted.

3. NON-EXCLUSIVE

The intent of this contract is to provide the Board with an expedited means of procuring supplies and/or services at the lowest cost. This contract is for the convenience of the Board and is considered to be a "Non-Exclusive" use contract. The Board does not guarantee any usage. The Board will not be held to purchase any particular Brand, in any groups, prices or discount ranges, but reserves the right to purchase any item/service listed in the price schedule submitted under Attachment A – Cost

Bid Form.

4. BIDDERS IN LEGAL PROCEEDINGS WITH PGCPS

PGCPS recognizes the significant costs and imposition on the time of personnel associated with legal proceedings. Accordingly, PGCPS has adopted a process stating that:

“One factor, among others, that are to be considered when awarding a contract or purchase order is the existence of a pending legal dispute – whether in court or an alternative dispute forum – with any bidder or Bidder which has submitted a bid. Before including consideration of the legal dispute as a factor, the Procurement Officer shall seek the advice of the Office of General Counsel regarding the legal dispute and shall obtain the concurrence of the CEO or his designee.”

5. PERIOD OF PERFORMANCE

The term of this Contract begins on the date the Notice of Award is signed by both the Bidder and

The BOARD or date specified in the Notice of Award (the “Effective Date”) and shall continue for a period of three (3) years (“Initial Term”). In its sole discretion, The Board shall have the unilateral right to renew the Contract for two (2) one-year option periods successive (each a “Renewal Term”) at the prices established at contract award. “Term” means the Initial Term and any Renewal Term(s).

6. OPTION TO EXTEND SERVICE

The Board may require continued performance of any services within the limits and at the rates specified in the contract. The option to extend provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 12 months without the approval of the

Board.

7. CONTRACT TYPE

The contract resulting from this solicitation shall be Firm Fixed Price. Vendors are encouraged to partner with local bidders or firms if they don’t meet all the required expertise or MBE requirements.

8. SUBCONTRACTOR(S) / TEAMING PARTNER(S) – NOT APPLICABLE

Subcontractor and or teaming partner information shall be included in response. Unless otherwise stated within the IFB bid documents, the Contractor may not use any subcontractors to accomplish any portion of the services described within the IFB or the contract without the prior approval of The Board.

9. CONTINUITY OF SERVICES

The Bidder recognizes that the services under this contract are vital to PGCPS and must be continued without interruption and that, upon contract expiration, a successor, either the PGCPS or another Firm, may continue them. The Bidder agrees to exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

10. BONDING-[NOT RESERVED]

The Bidder may be required to submit a Bid and or a Performance Bond as indicated below.

A. BID BOND (Not Required)

If applicable, the bid bond will be in the amount of five percent (5%) as determined by the

BOARD and specified in the RFP, to ensure the satisfactory completion of the work for which a contract or purchase order is awarded that may exceed $100K. (COMAR

21.06.07.10). The bond must be made in favor of the BOARD OF EDUCATION OF

PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983.

B. PERFORMANCE AND LABOR BOND (Not Required)

The awarded vendor(s) will be required to submit a performance and/or labor bond, Cashier’s or Certified Check in the amount of one hundred percent (100%) of the project cost as determined by the BOARD and specified herein to ensure all phases of the project are satisfactory complete for which a contract or purchase order is awarded that exceeds 100K.

https://www.lawinsider.com/clause/subcontractors?cursor=ClcSUWoVc35sYXdpbnNpZGVyY29udHJhY3RzcjMLEhZDbGF1c2VTbmlwcGV0R3JvdXBfdjM3IhdzdWJjb250cmFjdG9ycyMwMDAwMDAxNAyiAQJlbhgAIAA%3D

(COMAR 21.06.07.10). When applicable, the Board reserves the right to request performance and labor bond for amount over or under $100K. The bond, cashier or certified check must be made in favor of the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY and mailed to 13300 Marlboro Pike, Upper Marlboro, Maryland 20772-9983 prior to the start of performance.

11. POINT OF CONTACTS

PGCPS Purchasing and Supply Services and the Designated Procurement Contact is the Issuing

Office and the sole PGCPS Point of Contact responsible for the solicitation prior to contract award.

Correspondence and communication throughout the solicitation, evaluation and contract award shall be limited to the PGCPS Issuing Office, the sole point of contact for purposes related to the services included within this solicitation and/or preparing a proposal in response to the solicitation.

All inquiries related to this procurement must be handled by PGCPS Purchasing and Supply Services officials. Failure to comply with this directive may, at the sole discretion of the Board, result in the disqualification of an offeror from the procurement process.

Performance under an awarded contract will be under the direction of PGCPS Purchasing and Supply

Services for all matters related to an awarded contract and contract compliance. The Technical Point of Contact(s) department and information will be provided upon contract award. Offer shall be accountable to the PGCPS Technical Representatives within the end user department for management of daily activities of the contract, contract scope, and project coordination.

PROCUREMENT CONTACTS TECHNICAL CONTACT

Vera Jones, Sr. Procurement Specialist Provided upon Contract Award vera2.jones@pgcps.org mailto:vera2.jones@pgcps.org

PART II: INSTRUCTIONS TO BIDDERS

1. BIDDER KNOWLEDGE OF TERMS AND CONDITIONS

Before submitting bids, bidders are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting a bid. Bidder shall acquaint themselves with all conditions, requirements, and specifications, State and Federal governing laws, ordinances, etc. and familiarize themselves with all matters, which may affect the bid. The act of submitting a bid shall be considered as meaning that the bidder has so familiarize themselves; therefore, there shall be no misunderstanding or lack of information. Failure to do so will be at the Bidder's own risk and Bidder cannot secure relief on the plea of error. Neither law nor regulations make allowance for errors of omission or commission on the part of Bidders.

All correspondence concerning the bid and contract, including Notice of Award, copy of Contract, and

Purchase Order, will be provided electronically.

2. BID SCHEDULE

The Solicitation milestones are listed with target dates. Please adhere to the schedule unless notified by way of an Addendum.

Note: The above dates are estimated and are subject to change.

3. QUESTIONS AND INQUIRIES

No interpretation of the meaning of the specifications or other documents will be made to any Supplier orally. Questions shall be submitted in writing to vera2.jones@pgcps.org. To be given consideration, the questions must be received NO LATER THAN 2:00 p.m., EST on Wednesday, July 8, 2026. Questions that are deemed to be substantive in nature will be responded to in the form of an addendum and posted on PGCPS website www.pgcps.org/Purchasing and www.emarylandmarketplace.com . Please do not submit questions in PDF format. Use

“QUESTIONS: DBS27-003” in the subject line of your email.

4. BID SUBMISSION REQUIREMENTS

In order to be eligible, bids must be received via eMaryland MarketPlace Advantage (eMMA) no later than 2:00 p.m. on Wednesday, August 5, 2026.

Solicitation Milestones Milestone Date and Time

Issue IFB Solicitation Wednesday, July 1, 2026

Pre-Bid Conference Not Applicable

IFB Questions Due Date and Time Wednesday, July 8, 2026 @ 2:00 p.m.

IFB Addendum Posted (Approximate) Wednesday, July 15, 2026 @ 3:00 p.m.

IFB Sealed Bid Due Date and Time Wednesday, August 5, 2026 @ 2:00 p.m.

IFB Bid Opening TBD

Contract Award (Approximate) September 2026 mailto:vera2.jones@pgcps.org http://www.pgcps.org/Purchasing http://www.emarylandmarketplace.com/

5. eMARYLAND MARKETPLACE ADVANTAGE (eMMA)

The eMaryland Marketplace law became effective on June 1, 2008 and requires units of State government, including those otherwise exempt from State procurement law, and all local government entities, to publish notices of procurement and procurement awards on the State’s ecommerce website eMaryland Marketplace Advantage (eMMA).

The electronic bid submission shall show the full business address, telephone number, email and fax number of the Bidder and be signed by the person or persons legally authorized to sign contracts and commit the company.

6. BIDDER MARKINGS

All bids shall be submitted without redactions. All sections of the bid that are considered confidential or proprietary shall be clearly marked within the bid. The Bidders’ shall provide justification for any and all confidential or proprietary information. Justification must be on a separate piece of paper and submitted with the Technical Bid.

7. BIDDER SUBMISSION LAYOUT

The completed bid documents(s) should be without interlineations, alterations, or erasures. The bid should present all information in a concise manner, neatly arranged, legible, and in terms understandable for evaluation. All information requested is to be addressed directly and completely.

It is more desirable to give additional information than less when the answer could be misinterpreted.

The submission layout will include four (4) parts.

Each part shall be submitted as a SEPARATE FILE:

● Volume I - Technical

● Volume II - Minority Business Enterprise (MBE)

● Volume III – Cost Bid

● Volume IV - Appendices

8. BIDDER DELIVERY

The bidder shall deliver their bid electronically through eMMA. Bidders shall retain one (1) original copy of the bid for their files. PGCPS may request the original notarized documents that were posted electronically before final award execution.

Only bids that are submitted via eMMA will be utilized during the evaluation process. Bids that are not submitted via this portal will be ruled non-responsive.

a. VOLUME I – TECHNICAL The Technical Bid shall be submitted in PDF format. Bidders shall not include any pricing.

Bidder shall include a table of contents and all pages in the technical proposal must be numbered, consecutively from beginning to end and separated by tabs as described below:

1) TAB A – TRANSMITTAL LETTER

Bidder shall include a brief transmittal letter prepared on the Bidders’ letterhead, and signed by an individual who is authorized to commit the Bidder to the services and requirements in the IFB and Bid. This transmittal letter shall include:

● The name, title, address, telephone number, and electronic mail address of the person authorized to bind the Bidder to the contract and the person who will receive all official notices concerning this IFB.

● The Bidders’ Dunn and Bradstreet ID Number.

● A brief statement of the Bidders’ understanding of the work to be done, the commitment to perform the work, and a statement of why the firm believes it is best qualified to perform the work specified in IFB.

● A statement that the Bid is a firm and irrevocable offer for a period of one hundred twenty (120) days following the closing date for receipt of initial bids or the closing date for receipt of a best and final offer, if applicable.

2) TAB B – LEGAL CLAIMS

Bidder shall identify any claims during the past three (3) years and provide information on any pending litigation, lawsuits etc. The failure to provide accurate information may be determined to be a material breach of any future agreement or contract with The Board. If applicable, the Bidder must state no claims exist.

3) TAB C – EXPERIENCE AND CAPABILITIES

Bidder shall prepare and present a Technical Bid in such a way as to demonstrate the degree to which the bidder has actually performed similar work and has the technical expertise, capacity, staffing, experience and capabilities to perform and satisfy the requirements of the IFB as outlined under Part III, Scope of Work. Bidder technical experience and capability shall include but is NOT limited to the items below.

● Bidder shall outline its capacity to provide after-hours answering service for Priority Call dispatch.

● Each bidder shall provide a qualifications statement to indicate they meet or exceed all requirements listed and submit with the Technical Bid.

Qualifications include:

a. Bidder shall be a business firm with not less than five (5) years of experience.

b. Bidder must demonstrate staff members have experience with five (5) or more years.

c. The bidder shall have experience of a similar type and size to PGCPS to fulfill the material requirements on demand and such experience shall be based upon projects that have been completed by the bidder within the last five (5) years.

• Bidders must submit an Attachment A – Cost Bid Form All exceptions must be noted.

b. VOLUME II – COST BID

The Cost Bid shall consist of the Financial Stability documentation and the Cost Bid

Form- Attachment A. Bidders shall not include any portion of their Technical Bid in its Cost

Bid. Bidders that include pricing with their technical response may have their response deemed non-responsive and their entire response rejected.

Pricing must include all labor, delivery, materials, tools, and equipment to perform work.

Items or costs required to provide the services and deliverables as bid, but not identified in the bidder pricing proposal will be the sole responsibility of the Bidder.

The Cost Bid shall consist of Tab A - Financial Stability documentation and Tab B-the Cost Bid Form, Attachment A. Bids that do not include both will be ruled non-responsive.

1) TAB A- Financial Stability is demonstrated through a commonly-accepted method that prove the bidder’s fiscal integrity. If available, the Bidder shall include Financial

Statements, preferably a Profit and Loss (P&L) statement and a Balance Sheet, for the last two (2) years (independently audited preferred). The Bidder may supplement its response to this Section by including one or more of the following with its response:

a. Dun & Bradstreet Rating;

b. Standard and Poor’s Rating;

c. Lines of credit;

d. Evidence of a successful financial track record; and

e. Evidence of adequate working capital.

2) TAB B- Cost Bid. Bidders shall provide the Cost Bid in Microsoft Excel format

(Attachment A). Bidders should not include any portion of their Technical Bid in its

Cost Bid. Do not amend, alter, or leave blank any items on the Bid Form or include additional clarifying or contingent language on or attached to the Bid Form. Items or costs required to provide the materials, services, and or deliverables as proposed, but not identified will be the sole responsibility of the Bidder. All pricing shall remain fixed for the full contract term, including renewals thereto unless an escalation or adjustment is included herein. The Cost Bid shall include all-inclusive rates.

c. VOLUME III - MINORITY BUSINESS ENTERPRISE (MBE) – APPLICABLE

Minority Business Enterprise (MBE) is defined as any legal entity, other than a joint venture, that is at least 51 percent owned and controlled by one or more minority person(s), organized to engage in commercial transactions.

Minority business firms will be considered as minority business contractor or subcontractor, if certified by any of the following: Prince George’s County Government and the Maryland

Department of Transportation (MDOT).

The MBE goal of 15% has been established for the contract representing a percentage of the total Contract dollar value, including all renewal option terms.

By submitting a response to this IFB, the Bidder acknowledges the overall MBE participation goal and commits to achieving the overall goal by utilizing certified minority business enterprises.

1) If the Bidder is NOT MBE certified by PG County Government or MDOT, a waiver may be granted by the Board of Education. Any request for a waiver must be submitted with the Bid using Request for Waiver (Download MBE Attachment 4 to

A.P. 3325). The bidder will present a reasonable demonstration that MBE participation was impossible to obtain or was not obtainable at a reasonable price, and that the public interest is served by a waiver.

2) The Minority Business(es) must be identified in an Affidavit at time of bid submission and cannot be changed without prior approval of the Director of Purchasing and

Supply Services. Minority Business Enterprise Utilization Affidavit must be submitted as part of the bid (Download MBE Attachment 2 to A.P. 3325).

o To access ALL MBE Attachments, click the follow link to view MBE Administrative Procedures (AP) 3325.

County Funded

• A minimum MBE goal of 15% has been established in the contract that will result from this solicitation (See MBE Administrative Procedures 3325 and Attachments). The MBE information shall be submitted in PDF format. Offerors may submit Volume III MBE electronically on eMMA under the Technical Proposal folder in a separate file. Offeror should not include any portion of their technical or financial proposal in its MBE Proposal

− MBE - A- Offerors shall include all documents that apply as required in Part IV, General Terms and Conditions and 19.0 MINORITY BUSINESS ENTERPRISE

PROGRAM.

− MBE - B - Offerors shall outline how they will meet or exceed the MBE goal during the contract period of performance.

State Funded

• An overall minimum MBE goal of 0% with a minimum 0% African American-owned businesses, and 0% Women-owned businesses has been established in the contract that will result from this solicitation (See MBE Administrative Procedures 7419 and Attachments). The MBE information shall be submitted in PDF format. Offerors may submit Volume III MBE electronically on eMMA under the Technical Proposal folder in a separate file. Offeror should not include any portion of their technical or financial proposal in its MBE Proposal.

https://www.pgcps.org/globalassets/offices/gov-relations-compliance-procedures/docs---ograc/administrative-procedures/3000/administrative-procedure-3325---minority-business-enterprise-procurement-procedures.pdf

− MBE - A - Offerors shall include all documents that apply as required in Part IV, General Terms and Conditions and 19.0 MINORITY BUSINESS ENTERPRISE

PROGRAM.

− MBE - B - Offerors shall outline how they will meet or exceed the MBE goal during the contract period of performance.

d. VOLUME IV - Appendices

The Bidder shall sign, date, and notarize where applicable all appendices identified. All

Appendices shall be packaged together as one (1) file.

o Appendix A – Bid and Addendum Acknowledgement o Appendix B – Past Performance References o Appendix C – Non-Collusion Certificate o Appendix D – Debarment Affidavit o Appendix E – Anti-Bribery Affidavit o Appendix F – Certificate of Insurance Coverage o Appendix G – Financial Bid Form o Appendix H – MBE Form o Appendix I – State of Maryland Tax Certification o Appendix J – Certification of Compliance o Appendix K – Vendor Conflict of Interest Disclosure Form o Appendix L – State of Maryland Certificate of Good Standing

Failure to provide any of the requested information or documents in this solicitation may render the bid non-responsive.

PART III: SCOPE OF WORK

1. OVERVIEW

The Board requests sealed bids to Indoor Air Quality Services at Various Locations. The need for service and or materials will be assigned to the contractor as the job/project develops/ or occurs during the term of this contract. The contractor shall provide all necessary labor, materials, equipment, services, care and supervision as required in compliance with the recommended manufacturers standards and laws in accordance with manufactures guidelines throughout Prince George’s County

Public Schools (PGCPS).

The term Bidder shall be defined as an individual, partnership, or corporation which submits a bid in response to this IFB.

PGCPS reserves the right to award to multiple bidders to fulfill the anticipated requirements. All subcontractors are at the responsibility of the Prime Bidder.

2. SCOPE OF WORK

The purpose of these specifications is to provide industrial hygiene services to the Board of Education.

The types of industrial hygiene services include, but are not limited to:

● Identify sources of indoor air quality contaminants

● Analytical testing, data evaluation, and detailed reports

● Investigate HVAC system design and operation relating to IAQ issues

● Identify pollutant sources / pathways and driving forces that may contribute to poor air quality

● Management of media and building occupants

● Project management of remediation projects to include the development of plans and specifications

● Basic indoor air quality investigations

● Environmental issue specification preparation

● Failed and/or moldy chilled water pipe insulation evaluation and /or project design, monitoring and installation oversight during removal and reinstallation

Initial IAQS shall include an investigation of the following parameters:

● Building Ventilation System

● Carbon Dioxide Concentrations

● Temperature

● Relative Humidity

● Moisture Levels

The report as a result of the IAQS should provide recommendations and justification for any other testing activity relative to the concern and a cost estimate to accomplish the task.

The BOARD reserves the right to require more stringent procedures or can reduce items that the specification writer has decided to use that are more stringent than required by the appropriate regulations.

Contractor(s) shall furnish all labor and materials for industrial hygiene sampling, including specialized equipment that may be required.

Upon BOARD approval of quote from contractor, all work must be scheduled within 3 days of being contacted either via phone or email from PGCPS’ Environmental office.

Normal business hours are Monday – Friday, 7 a.m. – 4:00 p.m. Some projects may require the contractor to perform work after normal business hours.

Contractor must have knowledge of and comply with all currently applicable, and as they become enacted during the contract term, federal, state and local laws, statutes, ordinances, rules and regulations. All laws of the State of Maryland, whether substantive or procedural, shall apply to the contract, and all statutory, charter, and ordinance provisions that are applicable to public contracts shall be followed with respect to the contract.

3. Results Transmittals

● All test results will be mailed to:

Prince George's County Public Schools Department of Building Services Attention: Mr. Alex Baylor, Environmental Specialist Facilities Administration Building 13300 Old Marlboro Pike-Room 13 Upper Marlboro, Md. 20772

● All reports must be submitted in typewritten form and be delivered to the BOARD within ten

(10) working days of inspection completion.

● Occasionally verbal reports will be required in addition to written reports.

4. Vendor Qualifications

● All bidders must be certified per the American Council for Accredited Certification and /or

American Industrial Hygiene Association (AIHA). Copie(s) of certification must be provided with bid submission.

● For sample analysis, laboratories must be accredited by the National Institute of Standards and Technology (NIST) / National Voluntary Laboratory Accreditation Program (NVLAP).

Copies of accreditation information and certificates must be supplied with the initial sample analysis report.

● Contractor must supply detailed information about their company’s history (including number of years in business) and experience. Companies who wish to be considered for an award must have been providing IAQ diagnostic services in non-industrial settings for a minimum of ten (10) years. Information must be provided with bid submission.

● For any other training classes, if Federal and/or State accreditation is required of the provider, firms must be able to provide proof of such to the Board.

5. INVOICES

The Contractor will submit monthly invoices after completion of services. Invoices and supporting documentation must be submitted to Accounts Payable at 14201 School Lane, Room 130, Upper Marlboro, MD 20772. Invoices are to be submitted after the work has been completed.

The Contractor will submit monthly invoices, data reports and supporting documentation to the Technical Representation email, which will be provided upon contract award.

6. PERFORMANCE STANDARDS / LIQUIDATED DAMAGES

The Contractor shall provide consistent service, submit all required data and reports within the time periods specified, and consistently provide accurate and correct information. The Contractor acknowledges that PGCPS will experience increased administrative and operational costs in the event of the Contractor’s non-performance or poor performance of its contractual obligations or the Contractor’s failure to adhere to the Contract’s minimum performance standards. Accordingly, because of the difficulty in determining the actual losses that PGCPS will suffer by reason of the Contractor’s non-performance, poor performance, or failure to adhere to minimum performance standards, and because the accumulated effect of repeated incidents will negatively affect the positive public image of the PGCPS and because of the increase costs to PGCPS, the parties agree to the liquidated damages specified herein that shall be paid by the Contractor to PGCPS.

The amounts are established as liquidated damages and not as a forfeiture or penalty for the

Contractor’s failure to comply with the specified terms and provisions. The Contractor hereby waives any defense to the validity of any liquidated damages stated in this Agreement as they may appear on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages.

Liquidated damages for each instance of non-performance or poor performance will be assessed with consideration of the specific circumstances and related events, as well as the Contractor’s overall performance and efforts to mitigate impacts and maintain service levels. Any liquidated damages assessed shall be in addition to any reimbursement or other restitution required under the Contract.

7. INSPECTION

All materials shall be subject to inspection and approval by the PGCPS designated representative.

All corrections shall be completed as soon as the Board notifies the contractor at no additional cost to the Board.

PART IV: BID EVALUATION AND AWARD

1. BIDDER RESPONSIBILITY

Only bids that are submitted via eMaryland Marketplace (eMMA) will be utilized during the evaluation process. Bids that are not submitted via this portal will be ruled non-responsive. No Bidder, including any of their representatives, subcontractors, affiliates and interested parties shall contact any member of the Committee or any person involved in the evaluation of the bids. All inquiries related to this procurement must be handled by the procurement officials identified on the cover page. Failure to comply with this directive may, at the sole discretion of the Board result in the disqualification of a Bidder from the procurement process.

2. BID EVALUATION CRITERIA

The Bids will be evaluated based on the Total Bid Price. All responsive and responsible Bidders will be ranked from the lowest (most advantageous) to the highest (least advantageous) price based on the Total Bid Price as submitted on the Attachment A – Cost Bid Form. Bidders must bid on all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation.

The evaluation criteria include Bidder responsiveness, demonstration of capability to perform, price factors, and responsibility. The Board reserves the right to: (1) Waive any informality; (2)

Reject any or all bids, or portions thereof; (3) Cancel an IFB and re-solicit bids; and/or (4)

Negotiate with the lowest responsive and responsible bidder to determine if that bid can be improved.

3. EVALUATION PROCESS

The evaluation will be based on the process described herein.

IFB Bids are not opened publicly, but in the presence of at least two Purchasing Office employees.

Once the bids are opened, the Buyer will prepare a Bid Tabulation document that summarizes the bids received. This document will be available for inspection after issuance of Notice of

Award.

The award will be issued without discussion to the responsible and responsive bidder(s) whose bid meets the requirements and evaluation criteria set forth in the IFB and is either the most favorable bid price or most favorable evaluated bid price.

The selection committee will review bids on a pass/fail basis

a. RESPONSIVE means a bid or proposal submitted in response to an Invitation for Bids or Request for Proposals that conforms to all material aspects of the requirements contained in the Invitation for Bid or Request for Proposals.

b. RESPONSIBILE means a person or entity that has the capability in all respects to fully perform all aspects of the contract with integrity and reliability that shall assure good faith performance.

4. AWARD DETERMINATION

PGCPS reserves the right to limit the award to a single vendor or multiple vendors. The Award will be made to the responsible Bidder(s) who submit a responsive Bid that has the lowest total

Bid Price.

PGCPS intends to make the award for this solicitation to as many Bidders as deemed necessary to fulfill the anticipated requirements. The award will be made first to the lowest responsible and responsive Bidder based on the lowest Total Bid Price as set forth in Attachment A, Cost Bid Form.

All additional awards will be made to responsible Bidders submitting responsive Bids in ascending order starting with the second lowest Total Bid Price and continuing until, in the sole discretion of

PGCPS, sufficient awards have been made to fulfill the anticipated requirements. The Board reserves the right to make the award by item, groups, groups of items, or Total Bid Price if it is in the best interest of the Board.

If for any reason, the bid cannot be awarded to the first lowest responsible and responsive bidder and continue in ascending order whose bid meets the requirements and is the most favorable evaluated bid price, the recommendation shall be approved by the Board prior to awarding the contract.

PART V: GENERAL TERMS AND CONDITIONS

1. PARTNERSHIPS

Bids by partnerships shall be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing, who shall also state the names of the individuals composing the partnership.

2. CORPORATIONS

Bids by corporations shall be signed with the name of the corporation, followed by the signature and designation of the officer having authority to sign. When requested, satisfactory evidence of authority of the officer signing on behalf of the corporation shall be furnished. Anyone signing the bid as agent shall file satisfactory evidence of authorization to do so.

3. CERTIFICATES AND AFFIDAVITS

All Bidders shall be required to complete the certificates and/or affidavits that are incorporated into the bid pages of this specification. Such documents are required by local, state, or federal funding agencies of The Board as part of the bidding process. The documents may include: Anti-

Bribery Affidavit, Debarment Certificate, Sales Tax Certification, Minority Business Enterprise affidavit, and Small Business Enterprise affidavit.

4. SPECIAL SAMPLES WITH CERTIFIED APPROVAL

Bidders may be required to submit samples of each product awarded with an affidavit stating that the chemical composition of the sample submitted is identical with the composition tested prior to the bid and all remain unchanged during the period of the contract. This requirement shall be part of the specifications of the product or products requested if applicable.

5. BID PREPARATION FEES

The Board will not be responsible for any costs incurred by a Bidder in preparing and submitting a bid in response to a bid.

6. BID EVALUATION FACTORS

While the specifications are intended to describe the principal features of the items bid, Bidders are notified that the proposed items will be evaluated for compliance with detailed specifications.

The bid specifications shall vary with each individual bid issued, and the award shall be made in accordance with the IFB. Bids shall consider the lowest responsive and responsible Bidder in relation to the quantities, time required for delivery, purpose of the goods/services, competency and responsibility of the Bidder, and the ability of the Bidder to perform satisfactorily. Evaluation may also be made for other factors such as serviceability, functional suitability, workmanship, safety in use, and overall product quality, where acceptability may be determined on the basis of professional judgment and educational application. The Board will consider the Bidder's record and performance of any prior contracts with The Board, federal departments or agencies, or with other public bodies.

7. BID AWARD APPROVAL

The contract is to be awarded to the responsible and responsive bidder(s) whose bid meets the requirements and evaluation criteria set forth in the invitation for bids, and is either the most favorable bid price or most favorable evaluated bid price (as referenced in COMAR 21.05.02.13) for providing the goods and services as specified in this IFB. Bidders must bid all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation. The award may be subject to final review and approval by the Board.

Upon acceptance and approval of the bid(s) by the Board, the Board may grant its approval subject to such conditions as it may deem appropriate. In such cases, a Notice of Award will not be issued until the award has been approved by the Board. The Award of this contract will not be final and complete until after: (1) Registered in PGCPS iSupplier, (2) the Bidder submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board, if such approval is required.

8. RIGHT TO PROTEST

The Director of Purchasing and Supply Services shall attempt to resolve informally all protests of bid award recommendations. Vendors are encouraged to present their concerns promptly to the

Buyer and/or Purchasing Supervisor for consideration and resolution. The Director of Purchasing shall inform the Chief Financial Officer (CFO) upon receipt of the protest. Open dialogue is helpful for all parties and disputes are often only a misunderstanding of the evaluation and recommendation process. A vendor who does not file a timely protest before the contract is executed by the Board is deemed to have waived any objection.

a. An interested party (bidding of standing or bidder) must file a protest with the Purchasing Office within five (5) calendar days of the recommendation of award or notification to the bidder or bidder that their bid or bid will be rejected.

b. Purchasing and Supply Services a proposed award of a contract for supplies, equipment, services, or maintenance. A bidder of standing is a bidder who would be directly next in line for an award should the protest be supported.

c. The protest shall be in writing addressed to the Purchasing Supervisor with a copy to the Director and shall include the following:

i. The name address and telephone number(s) of the protester.

ii. Identification of the solicitation

iii. Statement of reasons for the protest

iv. Supporting documentation to substantiate the claim

v. Proposed remedy to resolve

9. APPEAL OF CONTRACT AWARD DECISION:

The Director of Purchasing shall confer with the general counsel prior to issuance of a decision regarding disputes of contracts or awards.

a. The Director of Purchasing shall issue a decision in writing. Any decision of a bid award protest may be appealed to the CFO within two (2) days of issuance of the decision by the Director of Purchasing.

b. Any decision of a bid award protest may be appealed to the Board of Education within thirty (30) days of issuance of the decision by the CFO.

c. A vendor who remains unsatisfied after following the procedures may contest a contract awarded by the Board by filing an appeal to the Maryland State Board of

Education as provided by Maryland’s public-school law.

d. The Board reserves the right to award during protest and or during an appeal, if a determination that execution of the contract without delay is necessary to protect substantial State and Board interest.

e. The Bidder shall refer to the General Terms and Conditions attached to the bid for details regarding the Term of Contract for this bid.

10. COMMENCEMENT OF SERVICES

The Board shall have no obligation to pay for services performed before the Notice of Award is executed; Board approves the contract or after the contract ends. The Board shall have no obligation to pay for services in excess of the monetary amount of the award. The Board shall have no obligation to pay for services before a purchase order is issued.

11. ADDENDA

a. No interpretation of the meaning of the specification or other documents will be made to any Supplier orally. To be given consideration, inquiries must be received in writing via email to the Procurement Department points of contacts identified on the cover page.

The subject field of the e-mail must include "INQUIRY” and the Bid name and number.

b. Any changes to the bid specifications will be made through the appropriate addenda. Failure of any Bidder to receive such addenda or interpretation shall not relieve any Bidder from any obligations under this bid as amended by all addenda. All addenda so issued shall become part of the award.

c. Failure of any Bidder to receive or acknowledge receipt of such addenda or interpretation shall not relieve any Bidder from any obligations under this IFB as amended by all addenda. All addenda so issued shall become part of the award

12. STATEMENT OF CONFIDENTIALITY

It is understood and agreed that all information pertinent to this solicitation may contain trade secrets, which are confidential and proprietary. The selected vendor agrees not to disclose or knowingly use any confidential or proprietary information of The Board of Education of Prince

George’s County and/or third-party participants.

Bid submissions are subject to the Maryland Public Information Act (Education Article, Maryland

Annotated Code, §10-611, et seq.). In accordance with the Act, certain information is subject to public disclosure. Please be advised that should you deem any portion of your bid as confidential or proprietary, it must be conspicuously indicated on those portions so deemed. However, and in accordance with the Act, you are hereby notified that every portion may still be subject to disclosure under the Act.

13. TERM OF AGREEMENT

The anticipated initial term of this contract shall be three (3) base years. The term of renewal shall not exceed two (2) one-year option periods.

a. The bidder warrants that prices for the bid under this IFB are not higher than prices currently extended to any other governmental agency for the same product or service.

b. Upon satisfactory service and by mutual agreement the BOARD OF EDUCATION OF

PRINCE GEORGE’S COUNTY reserves the right to renew the contract.

c. The Board expects all vendors to provide cost reductions recommendations.

d. Price decreases are acceptable at any time, need not be verifiable, and are required should the bidder/producer/processor/manufacturer experience a decrease in costs associated with the execution of the contract.

e. Price adjustments from the bidder/producer/processor/manufacturer for any/all items may be considered at renewal. The request is subject to approval by the Contracting Officer.

The request must be submitted in writing at least ninety (90) days prior to the renewal term and shall be accompanied by supporting documentation.

f. Should the awarded vendor, at any time during the life of the contract, sell materials of similar quality to another customer, or advertise special discounts or sales, at a price below those quoted within the contract, the lowest discounted prices shall be offered to Prince

George’s County Public Schools.

14. PRE-BID MEETING

A pre-bid meeting will not be scheduled for this Solicitation.

15. PAYMENT TERMS

The Bidder shall submit an invoice detailing the services provided and the actual costs incurred.

Payment shall be in accordance with line item price on the Purchase Order and made within 30 days after the date on the invoice and confirmation of receipt of services and or goods.

The Board reserves the right to reduce or withhold contract payment in the event the Bidder does not provide the Department with all required deliverables within the timeframe specified in the contract or in the event that the Bidder otherwise materially breaches the terms and conditions of the contract.

Invoices and supporting documentation must be submitted to Accounts Payable at 14201 School

Lane, Room 130, Upper Marlboro, MD 20772. Invoices are to be submitted after the work has been completed.

Invoices must be submitted within 30 days of services being rendered. Invoices must contain the following minimal information, or they will be returned, and payment will be delayed:

a. Purchase Order Number

b. Location of Service

c. Description of Product/Service

d. Time on Job

e. Material(s) Cost, if applicable

f. Inspection Fee, per location

g. Total amount of invoice

Invoices lacking detailed billing information and confirmation of receipt of goods and or services will be returned to the contractor for corrections; thus, causing a delay in payment.

16. DURATION OF OFFER

A bid submitted in response to this solicitation is binding upon the Bidder and is considered irrevocable for a minimum of 120 days following the closing date for receipt of initial bids or the closing date for receipt of a best and final offer, if applicable.

17. MINORITY BUSINESS ENTERPRISE PROGRAM

The Board of Education of Prince George’s County Minority Business Enterprise (MBE) Administrative Procedure No. 3325 requires bids for materials, supplies, equipment, and services, other than materials of instruction, be listed as deliverables. Information about this program and forms can also be downloaded. See MBE Administrative Procedures (AP) 3325.

https://www.pgcps.org/offices/general-counsel/administrative-procedures/3000---business--non-instructional-operations/ap-3325---minority-business-enterprise-procurement-procedures

a. The Minority Business Enterprise program is to inform prospective bidders that the bid of the initially deemed lowest responsive bidder, if not a “Certified” Minority Business Enterprise, is subject to being matched by a “Certified” Minority Business Enterprise (MBE) entitled to do so by the provisions of the Administrative Procedure.

b. Only those businesses registered in the Oracle database and listed in the Minority Business

Enterprise Office directory for the Board of Education of Prince George’s County as a certified minority vendor at the time of any respective bid opening, shall be recognized as a “Certified

Minority Business”. If not listed, evidence of acceptable certification from the Maryland

Department of Transportation (MDOT), Prince George’s County Government and Washington

Metropolitan Area Transit Authority (WMATA) must be provided to the Board’s Purchasing

Office prior to any respective bid opening.

18. LOCAL MBE INITIATIVE

In accordance with Prince George’s County School goals promoting minority and locally based purchases, if all other factors are equal, priority shall be given to a locally based firm. "Locally based firm" in this instance refers to a company or firm with a primary business address located within the geographical boundaries of Prince George’s County.

19. MINORITY BUSINESS ENTERPRISE PROHIBITIONS

State Law HB 389 and SB 611, Prime Bidders are prohibited by law from including a certified MBE in a bid or proposal without requesting, receiving, or obtaining the MBE’s authorization. The https://www.pgcps.org/offices/general-counsel/administrative-procedures/3000---business--non-instructional-operations/ap-3325---minority-business-enterprise-procurement-procedures https://www.pgcps.org/offices/general-counsel/administrative-procedures/3000---business--non-instructional-operations/ap-3325---minority-business-enterprise-procurement-procedures bidder must also use the MBE’s services to perform the contract. In addition, the bidder may not pay the MBE solely for the use of its name in the bid or proposal.

Prime Bidder may be prosecuted if they fail to comply with the law. The Board is required under the law to report the violation.

20. E- COMMERCE

The eMaryland Marketplace law became effective on June 1, 2008 and requires units of State government, including those otherwise exempt from State procurement law, and all local government entities, to publish notices of procurement and procurement awards on the State’s ecommerce website eMaryland Marketplace Advantage (eMMA). All Bidders are required to register with eMaryland Marketplace Advantage, so that the award notice can be properly published.

21. INSURANCE

All Bidders shall complete and sign the attached Certificate of Insurance with their technical bid per the attached insurance requirement form (See Appendix F, “Certificate of Insurance Coverage”).

22. CYBER LIABILITY INSURANCE

All Bidders shall maintain and pay for Cyber Liability Insurance at a limit of not less than $1,000,000 per occurrence when applicable, including coverage for data breach, media liability and third-party cyber liability.

23. LIQUIDATED DAMAGES

In the event the Award Bidder(s) fails to…