836012waterBalt.pdf

BALTIMORE COUNTY, MARYLAND

PURCHASING DIVISION

400 WASHINGTON AVENUE, ROOM 148

TOWSON, MARYLAND 21204-4665

REQUEST FOR BID NO. B-10000519

WATER SAMPLE TESTING, TERM CONTRACT

Timeline

Issue Date July 31, 2026

Question Submission Deadline August 24, 2026, 3:00pm

Due Deadline August 31, 2026, 3:00pm

Amendments to solicitations often occur prior to bid opening and sometimes within as little as

48 hours prior to bid opening. It is the potential vendor’s responsibility to frequently visit the

Procurement Portal at https://procurement.opengov.com/portal/baltimorecountymd to obtain amendments.

BALTIMORE COUNTY, MARYLAND

REQUEST FOR BID NO. B-10000519

WATER SAMPLE TESTING, TERM CONTRACT

Table Of Contents

1. GENERAL INSTRUCTIONS FOR SOLICITATIONS

2. TIMELINE

3. INSURANCE PROVISIONS

4. QUESTIONS AND INQUIRIES; ADDENDA

5. GENERAL TERMS AND CONDITIONS

6. UTILIZATION OF BALTIMORE COUNTY’S DEPARTMENT OF ECONOMIC

AND WORKFORCE DEVELOPMENT

7. SPECIFICATIONS

8. PRICE SHEET

9. VENDOR REQUIRED FORMS

1. GENERAL INSTRUCTIONS FOR SOLICITATIONS

Instructions, Forms and Specifications

A. All offers are to be submitted on and in accordance with the forms provided by the Division of

Procurement Services. All offers must be submitted electronically as specified in the General

Conditions. Bid/Proposal times are either Eastern Standard Time or Eastern Daylight Time, whichever prevails. Late offers will not be considered.

B. Responses to Requests for Bids and Requests for Proposals shall be accompanied by an executed Procurement Affidavit, as provided by the Division of Purchasing Services. This does not apply to Requests for Quotations.

C. Amendments to solicitations often occur prior to offer opening and sometimes within hours prior to offer opening. All bidders are responsible for frequently visiting the Procurement Services web site to obtain amendments.

D. Additional information or clarification of any of the instructions or information contained herein may be obtained from the Division of Purchasing Services. The County assumes no responsibility for oral instructions or suggestions. All official correspondence in regard to this solicitation must be directed to, and will be issued by, the Division of Purchasing.

E. Offerors finding any discrepancy in or omission from the specifications, in doubt as to meaning, or asserting that the specifications are discriminatory, shall notify the Division of Purchasing

Services in writing at once, but in no case later than five (5) business days prior to the scheduled opening of bids. Exceptions stated do not obligate the County to change the specifications. The

Division of Purchasing Services will notify all offerors in writing, by amendment duly issued, of any substantive revisions to specifications or instructions.

F. Unless a written exception detailing non-conformance to specifications is noted on the offer, any part number, product number, catalog number, etc., noted on the offer will be considered in full compliance with the specifications.

G. Submission of a offer in response to this solicitation evidences the offeror’s acceptance of these

General Instructions and the terms and conditions of the solicitation. Submission of an offer evidences offeror’s representation and warranty that the person submitting the offer is authorized to act for and bind the contractor.

H. All original and duplicate bids/proposals and other attachments, related documents and correspondence, including all follow-up documents and correspondence, shall be typed or written in English. All prices/percentages and/or other monetary figures shall be in United States dollars.

I. Issuing Officer: The sole point of contact for the County for purposes of this solicitation is the

Buyer, listed on the cover page; questions regarding any aspect of the competitive process must be directed to the Buyer, in writing.

Award of Solicitations

A. Any award pursuant to Requests for Quotation and Requests for Bid is made to the lowest responsive and responsible bidder following the public opening of bids under Section 10-2-406 of the Baltimore County Code, 2015, as amended.

B. Awards on Requests for Quotations and Requests for Bid will be made within sixty (60) days after bid opening unless otherwise indicated in this solicitation. No bidder will be allowed to withdraw a bid during that period.

C. The successful offeror may be required to give security or bond, as stated in the bid document, for performance of the contract.

D. When there is a conflict between the unit price or percentage and the extension, the unit price or percentage will prevail as the amount of the offer.

E. Cash discounts will be considered in determining awards. However, cash discount offers must allow not less than 30 days to be considered in offer evaluation. An offer offering a cash discount in a period of less than 30 days will be evaluated as an offer without a discount offer; however, should that offeror obtain award by consideration of the gross price, the County shall make every effort to obtain the discount. The County will not accept any payment terms with a period of less than 30 days.

F. Invoices against resulting order(s) must be submitted, to the Office of Budget and Finance, Disbursements Section, 400 Washington Avenue, Room 148, Towson, Maryland 21204-4665 or via email to disbursement@baltimorecountymd.gov with vendor name in the subject line. Invoices must show the vendor's Federal Tax Identification Number or Social Security

Number, as appropriate, and order number and line number(s) that correspond with resulting order(s).

G. The County will not pay interest charges or other penalties for invoice payments.

H. Prices quoted shall be exclusive of all non-applicable Federal and Maryland State taxes. Tax exemption certificate will be furnished if required.

I. The County reserves the right to consider making payments via electronic funds transfers (EFT) on contracts for which this payment vehicle may be appropriate.

Public Information, Proprietary And Confidential Information:

A. The County operates under the Maryland Public Information Act, which permits access to most records and documents.

B. Bids/Proposals will be available for public inspection after the award announcement, except to the extent that a Contractor designates trade secrets or other proprietary data to be confidential. It is the responsibility of the bidder/offeror to clearly identify each part of their bid/proposal that it believes is confidential or proprietary by identifying each pertinent page with the clearly legible words "confidential" or ''proprietary". The bidder/offeror agrees, with regard to any portion of the bid/proposal that is not identified as ''proprietary" or "confidential" that it believes, and expressly permits, the County to deem it not to be proprietary or confidential. A

Contractor's designation of material as confidential will not necessarily be conclusive, and the

Contractor may be required to provide justification why such material should not be disclosed, on request, under the Maryland Public Information Act, State Government Article, Sections §§

10-611 through 10-628, of the Annotated Code of Maryland.

C. Failure to comply may result in disclosure of unmarked information or rejection of improperly designated confidential material.

Reservations

A. The County reserves the right to reject, in whole or in part, any and all offers received, and to make a whole award, multiple awards, a partial award, or no award, to best serve the public interest.

B. The County may waive formalities in offers as the interests of the County may require.

C. The County reserves the right to increase or decrease quantities by approximately twenty (20) percent to be purchased at the prices offered.

D. The County reserves the right to award solicitations or place orders on a lump sum or individual item basis, or in such combination as to best serve the public interest.

E. The County may waive minor differences, irregularities, and technicalities in the specifications, provided they neither violate the specifications intent, materially affect the operation for which the items or services are being purchased, nor increase estimated maintenance and repair costs to the County.

F. At any time during normal business hours and as often as the County may deem necessary, the

Contractor shall make available to and permit inspection and photocopying, by the County, its employees or agents, of all records, information and documentation of the Contractor related to the subject matter of this contract, including, but not limited to, all contracts, invoices, payroll, and financial audits.

G. Notwithstanding any other terms or provisions of the contract, in the event the County is temporarily or permanently prevented, restricted or delayed in the performance of any or all of the duties and obligations imposed upon or assumed by it thereunder, by act of the General

Assembly of Maryland or the Baltimore County Council, by a court of competent jurisdiction or by administrative delay not due to the fault of the County (and its members and agents) shall not be liable directly or indirectly for any claims caused to or suffered by the Contractor or any other person in connection with or as a result of such prevention, restriction or delay.

H. The County further reserves the right to make such investigation as it deems necessary to determine the ability of offerors to furnish the required services, and offerors shall furnish all such information for this purpose as the County may request. The County also reserves the right to reject the offer of any offeror who is not currently in a position to perform the contract, or who has previously failed to perform similar contracts properly, or in a manner acceptable to the

County, all of which shall be in the County’s sole discretion.

Delivery

A. Offerors shall guarantee delivery of materials in accordance with the delivery schedule stated in specifications. All items shall be delivered F.O.B. Destination/Inside Delivery, unless otherwise indicated, with delivery costs and charges included in the bid price.

B. The County reserves the right to charge the Contractor or vendor for each day the materials, supplies, or services are not delivered in accordance with the delivery schedule. The sum established by the specifications may be invoked at the discretion of the Purchasing Agent, said sum to be considered not as a penalty, but as liquidated damages, and deducted from final payment, or otherwise, charged to the Contractor or vendor. This remedy is not exclusive but shall be in addition to all other rights and remedies available to the County. These liquidated damages shall be in addition to any and all actual damages incurred directly or indirectly by the

County, its agents, assigns, and contractors.

C. All offerors and vendors/contractors are to ensure that packaging materials used for this requirement are not made of non-recyclable Styrofoam (Polystyrene). Additionally, any materials used in packing to cushion, protect and ship are to be made of recycled, recyclable or biodegradable materials.

Competition

A. The name of any manufacturer, trade name, or vendor catalog number mentioned in the specifications is for the purpose of designating a standard of quality and type, and for no other purpose unless otherwise stated in the solicitation.

B. An offeror may offer a price on only one unit per line item. Even though two or more units may meet the specification, offerors must determine for themselves which to offer. Submission by an offeror of prices for more than one unit shall be sufficient cause for rejection of the offer for that specific item.

C. Offers which show omission, irregularity, alteration of forms or additions not called for, as well as conditional or unconditional unresponsive offers, or offers obviously unbalanced, may be rejected.

D. All offers must be accompanied by such descriptive literature as may be called for by the specifications or offers.

E. If products to be provided to the County contain any substances that could be hazardous or injurious to a person's health, a material safety data sheet (MSDS) must be provided to the

Division of Purchasing Services. This applies also to any product used by a Contractor when providing a service to the County.

F. Specifications are based on County needs and uses, estimated costs of operations and maintenance, and other significant and/or limiting factors to meet County requirements, and to ensure consistency with County policies. Minimum specifications, and maximum specifications where included, are not established arbitrarily to limit competition or to exclude otherwise competitive offerors.

G. Unless multiple or alternate offers are requested in the solicitation, these offers may not be accepted. However, if an offeror clearly indicates a base offer, it shall be considered for award as though it were the only offer submitted by the offeror.

Terminations

A. Termination for Convenience: The County may terminate a contract, in whole or in part, without cause, by providing written notice thereof to the Contractor. In the event of termination, without cause, the County shall advise the Contractor in writing of the termination date and of work to be performed during the final days prior to contract termination. The Contractor shall be paid for all reasonable costs incurred by the Contractor up to the date of termination set forth in the written notice of termination. The Contractor will not be reimbursed for any anticipatory profits, which have not been earned up to the date of termination. Payments to be provided on a lump sum basis shall be prorated by the County based on the services rendered or goods delivered up to the date of termination set forth in the written notice.

B. Termination for Default:

1. In addition to other available rights and remedies, the County shall have the right upon the happening of any default, without providing notice to the Contractor: 1) To terminate a contract immediately, in whole or in part; 2) To suspend the contractor's authority to receive any undisbursed funds; and/or 3) To proceed at any time or from time to time to protect and enforce all rights and remedies available to the County, by suit or any other appropriate proceedings, whether for specific performance or any covenant, term or condition set forth in the contract, or for damages or other relief, or proceed to take any action authorized or permitted under applicable law or regulations.

2. Upon termination of a contract for default, the County may elect to pay the Contractor for services provided or goods delivered up to the date of termination, less the amount of damages caused by the default, all as determined by the County in its sole discretion. If the damages exceed the undisbursed sums available for compensation, the County shall not be obligated to make any further disbursements hereunder.

C. Funding Out: If funds are not appropriated or otherwise made available to support contract continuation in any fiscal year, the County shall have the right to terminate the contract without prior notice to the Contractor and without any obligation or penalty.

Hold Harmless – Indemnification

A. The Contractor shall defend, indemnify and hold harmless the County, its employees, agents and officials from any and all liabilities, claims, suits, or demands including attorney’s fees and court costs which may be incurred or made against the County, its employees, agents or officials resulting from any act or omission committed in the performance of the duties imposed by and performed under the terms of the contract. The Contractor shall not be responsible for acts of gross negligence or willful misconduct committed by the County.

B. The Contractor shall also defend, indemnify and hold harmless the County, its employees, agents and officials from any and all liabilities, claims, suits, or demands including attorney’s fees and court costs which may be made against the County, its employees, agents or officials by any third party arising from the alleged violation of any third party’s trade secrets, proprietary information, trademark, copyright, patent rights, or intellectual property rights in connection with the contract.

C. Unless notified in writing by the County to the contrary, the Contractor shall provide defense for the County, its employees, agents and officials in accordance with this Article and in doing so the Contractor shall allow the County to participate in said defense of the County, its employees, agents and officials, to the extent and as may be required by the County and the Contractor shall cooperate with the County in all aspects in connection therewith. All filings, actions, settlements, and pleadings shall be provided to the County for comment and review prior to filing or entering thereof. No filing, action, settlement or pleading shall be filed or entered without the prior consent and approval of the County.

Minority/Women’s Business Enterprise (MBE/WBE) and Small Business Notice

Baltimore County is seeking Minority, Woman and Small Businesses to offer on current solicitations as a prime or subcontractor. In accordance with the Executive Order 2022-005 dated December 6, 2022, “an overall goal of 30% of the cumulative total of all discretionary dollars spent in a fiscal year of County procurements is to be awarded to and/or performed by MBE and WBE firms.” Refer to the section entitled Minority Business Enterprise and Women Business Enterprise Requirements

(MBE/WBE) for the current required goal. MBE/WBE’s and Small Businesses are encouraged to respond to this solicitation.

Authority

A. In case of disputes as to whether an item or service quoted or delivered meets specifications, the decision of the Purchasing Agent or authorized representative shall be final and binding on both parties. The Purchasing Agent may request the recommendation in writing of the head of the using agency, the Standards and Specifications Committee, or other objective sources.

B. Offerors desiring to appeal a decision of the Division of Procurement Services must deliver written protests to the Division of Purchasing Services within 10 days of notification of award. The Purchasing Agent or designee will review the protested decision, examine any additional information provided by the offeror and respond in writing within 10 working days of receipt of written protests.

C. Instructions, Specifications, and Proposals are issued, and all bids, quotations, orders, and purchases are made pursuant and subject to the provisions of the Baltimore County Charter, and Article 10, Title 2 of the Baltimore County Code, 2015, as amended, and regulations and policies established or prescribed by the Division of Purchasing Services.

HIPAA

The Contractor shall comply with the Health Insurance Portability and Accountability Act (HIPAA) and shall execute a Business Associate Agreement as may be required by the County.

Reports

When required, reports prepared for Baltimore County should be printed on recycled and recyclable paper printed on both sides per Section 10-2-312 of the Baltimore County Code, 2015, as amended.

Terms of Contract

A. Any contract awarded pursuant to this solicitation shall be by and between the successful offeror and the County, and shall contain and incorporate, but may not be limited to, all terms and conditions of the solicitation, any amendments or changes thereto. Submission of an offer in response to this solicitation evidences the Contractor’s acceptance of the terms and conditions therein.

B. The provisions of the contract awarded pursuant to this solicitation shall be governed by the laws and regulations of Maryland and Baltimore County.

C. Any litigation arising out of or relating in any way to the contract or the performance thereunder shall be brought only in the courts of Maryland, and the Contractor hereby irrevocably consents to such jurisdiction. To the extent that the County is a party to any litigation arising out of or relating in any way to the contract or the performance thereunder, such an action shall be brought only in a court of competent jurisdiction in the courts of the State of Maryland.

Severability

If any provisions in the contract are declared by a court or other lawful authority to be unenforceable or invalid for any reason the remaining provisions hereof shall not be affected thereby and shall remain enforceable to the full extent permitted by law.

Counterparts

The contract may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.

Survival

The provisions of paragraphs 1.7 (Representations and Warranties), 4.2 (Damages), 7

(Indemnification), and 10 (HIPAA) shall survive delivery of commodities and/or performance of services.

No Waiver, Etc.

No failure or delay by the County to insist upon the strict performance of any term, condition or covenant of the contract, or to exercise any right, power, or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, or covenant or of any such breach, or preclude the County from exercising any such right, power, or remedy at any later time or times.

Maryland Registration / Qualification Requirements

A. Baltimore County verifies the company’s status with SDAT and may require the successful offeror to submit a Good Standing Certificate (also known as a “Certificate of Status”) issued by the Maryland Department of Assessment and Taxation’s (“SDAT”) Charter Division, and the

State of Organization.

B. For information on registering to do business in the State of Maryland or to download SDAT related forms visit the Maryland Department of State Department of Assessments & Taxation at https://businessexpress.maryland.gov/.

If you need additional assistance call (410) 767-1184.

C. Baltimore County requires the successful offeror to be in “good standing” (also known as

Certificate of Status) with the State in which it is organized, and in the State of Maryland, under certain circumstances. Baltimore County verifies the successful offeror’s status with

SDAT. Non-compliance to this section may result in a delay in contract award or rejection of an offer.

Eligibility of Candidates for Employment

A. The E-Verify program is an internet-based employment verification system that allows employers to verify employee status against Federal Social Security and immigration databases.

B. Baltimore County encourages employers to utilize the E-verify program, or an equivalent system, as a means to help employers determine the eligibility of new hires.

Warranty

A. Contractor warrants for one year from acceptance, or for such longer period otherwise expressly stated in the attached solicitation, all goods, services, and construction provided. This includes a warranty against any and all defects. The contractor must correct any and all defects in material and/or workmanship that may appear during the warranty period, even if discovered after the end of the warranty period, by repairing any such defect, (or replacing with new items or new materials, if necessary), at no cost to the County and to the County’s satisfaction.

B. Should a manufacturer's or service provider’s warranty exceed the requirements stated above, that warranty will be the primary one used in the case of defect. Copies of manufacturer's or service provider’s warranties must be provided upon request.

C. All warranties must be in effect from the date of acceptance by the County of the goods, services, or construction.

https://businessexpress.maryland.gov/

D. The contractor warrants that all work shall be accomplished in a workmanlike manner, and the contractor must observe and comply with all Federal, State, County and local laws, ordinances and regulations in providing the goods, and performing the services or construction.

American Manufactured Goods Required for Public Works

A. The Contractor shall comply with Section 14-416 of the Maryland State Finance and

Procurement Article which requires a contractor or subcontractor to use or supply American

Manufactured goods in the performance of a contract for (a) constructing or maintaining a public work; or (b) buying or manufacturing machinery or equipment that is to be installed at a public work site, as the same may be amended from time to time.

B. This section does not apply: (a) if Baltimore County determines that: (i) the price of the American manufactured goods exceeds the price of a similar manufactured good that is not manufactured in the United States by an unreasonable amount; (ii) the item or a similar item is not manufactured or available for purchase in the United States in reasonably available quantities;

(iii) the quality of the item or a similar item manufactured in the United States is substantially less than the quality of a comparably priced, similar, and available item that is not manufactured in the United States; or (iv) the procurement of a manufactured good would be inconsistent with the public interest; or (b) to emergency life safety and property safety goods.

C. The Contractor shall certify to Baltimore County whether the offered goods and/or services are provided in the United States.

Recycled and Environmentally Preferable Products and Services.

A. Under Executive Order 2025-01, County agencies are encouraged to buy recycled and environmentally preferable products and services. Recycled products include recycled material, especially post-consumer material. Environmentally preferable products and services are those with a reduced effect on human health and the environment when compared with competing products that serve the same purpose. These products include those that minimize the consumption of energy and water; prevent the creation of solid waste, air pollution or water pollution; minimize the use of materials or processes which compromise the environment;

and/or promote the use of non-toxic substances and avoid toxic materials or processes.

B. Baltimore County favors recycled and environmentally preferable products and services. All vendors are strongly encouraged to offer such products in response to solicitations and to assist the County in documenting recycled and environmentally preferable results.

2. TIMELINE

Issue Date: July 31, 2026

Question Submission Deadline: August 24, 2026, 3:00pm

Due Deadline: August 31, 2026, 3:00pm

3. INSURANCE PROVISIONS

3.1. General Requirements

Coverages Required:

Unless otherwise required by the specifications or the contract, the Contractor/Vendor shall purchase and maintain the insurance coverages listed herein.

Insurance Companies must be acceptable to Baltimore County and have an A.M. Best Rating of A-, Class X or better.

Verification of Insurance:

Before starting work on the contract or prior to the execution of the Contract on those bid, the

Contractor/Vendor shall provide Baltimore County, Maryland with verification of insurance coverage evidencing the required coverages.

Baltimore County as Additional Insured:

The coverage required, excluding Worker’s Compensation and Employers’ Liability and Medical

Malpractice Liability/Professional Liability/Errors and Omissions Liability, must include Baltimore

County, Maryland as an additional insured.

Contractor's/Vendor's Responsibility:

The providing of any insurance herein does not relieve the Contractor/Vendor of any of the responsibilities or obligations the Contractor/Vendor has assumed in the contract or for which the

Contractor/Vendor may be liable by law or otherwise.

Failure to Provide Insurance:

Failure to provide and continue in force the required insurance shall be deemed a material breach of the contract.

3.2. Insurance Coverages

A. General Liability Insurance

1. Minimum Limits of Coverage:

2. Personal Injury Liability and Property Damage Liability Combined Single Limit - $1,000,000 each occurrence

3. Such insurance shall protect the Contractor/Vendor from claims which may arise out of, or result from, the Contractor's/Vendor's operations under the contract, whether such operations be by the Contractor/Vendor, any subcontractor, anyone directly or indirectly employed by the Contractor/Vendor or Subcontractor, or anyone for whose acts any of the above may be liable.

4. Minimum Coverages to be Included:

a. Independent Contractor's coverage;

b. Completed Operations and Products Liability coverage; and

c. Contractual Liability coverage.

5. Damages not to be Excluded:

Such insurance shall contain no exclusions applying to operations by the

Contractor/Vendor or any Subcontractor in the performance of the Contract including but not limited to: (a) Collapse of, or structural injury to, any building or structure; (b) Damage to underground property; or (c) Damage arising out of blasting or explosion.

B. Automobile Liability Insurance

1. Minimum Limits of Coverage:

Bodily Injury Liability and Property Damage Liability

Combined Single Limit - $1,000,000 any one accident

2. Minimum Coverages to be Included:

Such insurance shall provide coverage for all owned, non-owned and hired automobiles.

C. Workers' Compensation and Employers' Liability Insurance

1. Such insurance must contain statutory coverage, including:

Employers' Liability insurance with limits of at least:

Bodily Injury by Accident - $1,000,000 each accident

Bodily Injury by Disease - $1,000,000 policy limit

Bodily Injury by Disease - $1,000,000 each employee

D. Other

Such other insurance in form and amount as may be customary for the type of business being undertaken by the Contractor/Vendor.

4. QUESTIONS AND INQUIRIES; ADDENDA

A. Questions will be entertained at the conference. If it becomes necessary to revise any part of this RFB, addenda will be posted on through the Procurement Portal at https://procurement.opengov.com/portal/baltimorecountymd.

B. Offerors must acknowledge, through the Procurement Portal, receipt of all addenda. All official correspondence in regard to the specifications should be directed to and will be issued by the

Division of Procurement Services. Offerors are cautioned that the County assumes no responsibility for oral explanations or interpretations of solicitation documents.

C. The deadline for written questions pertaining to this solicitation is 3:00 pm on Monday, August 24, 2026.

5. GENERAL TERMS AND CONDITIONS

5.1. Scope

https://procurement.opengov.com/portal/baltimorecountymd

A. It is the intention of these specifications that the vendor hereunder shall furnish and Baltimore

County shall purchase services covered by this contract which the County may require during the period of time specified. The quantities shown are for the purpose of bid evaluation.

B. The County reserves the right to order services that may be required during the said period, and it also reserves the right not to order services bid upon by the vendor, if it is found that such services are not required by the County during the period covered by this contract.

5.2. Term of Agreement

A. The term of the contract shall become effective when executed by the County and shall continue through one year. The County reserves the right to renew this contract for up to four

(4) additional one-year renewal options under the same terms and conditions. The County will automatically renew the contract on each option year unless notice is given to the Contractor that the contract is not renewed.

B. If price adjustments are requested pursuant to the terms of the contract, the Contractor must notify the Baltimore County Division of Procurement Services at least ninety (90) days prior to the current term's expiration date.

C. The Contractor must maintain the insurance coverages required by the County while the contract is in force, including automatic renewal terms, and shall provide documentation of such insurance in a form satisfactory to the County when required.

5.3. Prices

A. Prices quoted must remain firm for the period covered by the contract, unless price escalation is herein specified. Prices quoted shall include delivery costs and charges.

5.4. Audits

A. At any time during the normal business hours and as often as the County may deem necessary, the Contractor shall make available to and permit inspection by the County, its employees or agents, all records information and documentation of the contractor related to the subject matter of this contract, including, but not limited to, all contracts, invoices, payroll, and financial audits.

5.5. Additions to the Contract

A. Baltimore County reserves the right to add additional services to this contract at any time during the term of this agreement. The Contractor will be notified of the County’s intent to include said services within the constraints of this agreement. The Contractor shall quote a price for the requested services. The quote shall be submitted in writing to the Purchasing

Agent for review. Baltimore County reserves the right to accept or reject the Contractor’s proposal. If rejected, the County shall solicit bids on the open market for the required services.

Award of new services to a current contractor’s agreement shall conform to the intent of the solicitation under section titled METHOD OF AWARD. Successful bidder will be notified in writing of the inclusion of the new services.

5.6. Purchase Orders

A. Purchase orders will be issued from time to time by the purchasing agent for such quantities as to satisfy requirements of the County. Specific quantities and delivery information will be indicated on purchase orders. Each purchase order will refer to the supplier contract number.

Purchase orders issued within the term of the contract, even if not completed within the term of the contract, shall continue to be bound by the terms and conditions herein.

5.7. Cooperative Purchase

A. The County reserves the right to extend all of the terms, conditions, specifications, and unit or other prices of any contract resulting from this bid to any and all public bodies, subdivisions, school districts, community colleges, colleges, and universities including non-public schools.

This is conditioned upon mutual agreement of all parties pursuant to special requirements which may be appended thereto. The contractor agrees to notify the issuing body of those entities that wish to use any contract resulting from this bid and will also provide usage information, which may be requested.

B. The County assumes no authority, liability or obligation, on behalf of any other public or non-public entity that may use any contract resulting from this bid. All purchases and payment transactions will be made directly between the contractor and the requesting entity. Any exceptions to this requirement must be specifically noted in the bid response.

5.8. Multi-Agency Procurement

A. Baltimore County reserves the right to extend the terms and conditions of this contract to any and all other County agencies requiring these commodities and/or services. A purchase order will be issued against the original supplier contract, confirming the contracted pricing and giving quantity and delivery requirements.

5.9. Escalation (CONSUMER PRICE INDEX)

A. All unit prices offered herein shall be firm against any increase for one (1) year from the effective date of the contract. Prior to commencement of subsequent renewal terms, the

County may entertain a request for escalation in accordance with the current Consumer Price

Index at the time of the request or up to a maximum 5% increase on the current pricing, whichever is lower.

B. For purposes of this section, “Consumer Price Index” shall mean the Consumer Price Index-All

Urban Consumers-United States Average-All Items (CPI-U), as published by the United States

Department of Labor, Bureau of Labor Statistics.

C. The County reserves the right to accept or reject the request for a price increase within fourteen (14) days. If the price increase is approved, the price will remain firm for one (1) year from the date of the increase.

5.10. References, Licenses, and Permits

A. References must be submitted with the bid response. Bidders must submit two references

(names of contact persons, email address and phone numbers) of similar size and scope contracts during the past two years.

B. With regard to this contract, the Baltimore County Engineering and Regulation Division

Laboratory Supervisor (BCERDLS), or their designated representative will determine acceptability of all work and/or services performed. If the work and/or services are not acceptable, the vendor will be called in to review and correct all problem areas without additional cost to the County. Upon notification by the BCERDLS, or their designated representative, the Vendor will correct the deficiency in accordance with a schedule jointly agreed upon.

C. Permits, licenses, and taxes shall be the responsibility of the Vendor at no additional cost to the County.

1. All permits, licenses, certifications must be kept current during the entirety of this contract.

D. The Vendor shall provide professional, complete test analysis in accordance with these specifications and all applicable national and local standards and methods. Any additional code requirements requested by Baltimore County shall be noted within. In cases of conflict between requirements, that requirement which is in compliance with all applicable codes and which is also, in the opinion of Baltimore County, more advantageous to Baltimore County, shall govern.

E. Bidders must provide, with their bid response, a copy of their certification and license to do business in the State of Maryland.

F. On occasion, it may be necessary for testing to be completed within a 24 hour time period. To accommodate this need, the successful vendor’s laboratory shall provide walk-in access for dropping off samples for testing.

1. The successful contractor’s laboratory shall be located within a 15 miles radius of the

Baltimore County Utilities location at 4419 Bucks Schoolhouse Road, Fullerton, MD 21237 for ease of dropping off the samples.

2. The use of a Courier or similar service to transport samples for testing in lieu of being within the required radius for walk-in access to drop off samples is not acceptable.

5.11. Guarantee

A. All test results/reports must be certified in accordance with all applicable EPA Test Methods, most current version.

B. Laboratory reports and records must be retained in accordance with Sec. 26.08.05.05 of the

Code of Maryland Regulations.

5.12. "Sample" Form Contract

A. A sample of the County’s form contract may be found on the Baltimore County website at https://www.baltimorecountymd.gov/departments/budfin/purchasing/opportunities-bid-results-and-active-contracts. The vendor’s submission without identifying exceptions expressly acknowledges and formally evidences the vendor’s acceptance of all terms and conditions of the form contract. Any and all exceptions must be submitted in writing in the Vendor’s response.

B. If the Vendor submits an exception, which alters the County’s risk, liability, exposure in, or the intent of this procurement, the County reserves the right in its’ sole and absolute discretion to deem the vendor non-responsive.

C. All Vendors further understand and agree that the County will accept no vendor exceptions to the form contract at any time after submission.

5.13. Electronic Submittal Process

A. The cost of preparing bids is the responsibility of bidders.

B. To be considered, bids shall be received by the bid closing date and time. Bids may not be submitted by any other means. Bids that are mailed or otherwise delivered to the Purchasing

Division (including emails which indicate links to locations where the bid may be downloaded) and/or emails sent to any other Baltimore County email address will not be accepted.

C. Late bids will not be considered. Bidders are strongly encouraged not to wait until the last minute to submit bids. The time stated by OpenGov will be definitive of the time of receipt. Bids received after the deadline will not be accepted. Multiple part bids will not be considered unless all parts are received by the bid closing date and time.

D. After submitting a bid through the Procurement Portal, and upon successful receipt by the

County thereof, bidders will receive an auto-receipt email. This receipt is proof that the bid has been received by the Purchasing Division and should be retained for bidder’s records.

E. As with any system, power outages or technology problems may arise that are outside of the

County’s control and could affect your submission. The County will not be held accountable for such issues that may delay the transmission of any bid.

F. The County reserves the right to waive minor irregularities in conjunction with bids.

5.14. Insurance

A. The Contractor will be required to provide verification of insurance coverage to include

Endorsement Page(s) for each carrier in accordance with the attached requirements. The

Contractor will have fifteen (15) calendar days from receipt of notice of intent to award in which to comply with this requirement, excluding County holidays and non-work days, if applicable.

https://www.baltimorecountymd.gov/departments/budfin/purchasing/opportunities-bid-results-and-active-contracts https://www.baltimorecountymd.gov/departments/budfin/purchasing/opportunities-bid-results-and-active-contracts

B. The Insurer must maintain the insurance coverage required by the County while the contract is in force, including renewal terms, and shall provide documentation of such insurance in a form satisfactory to the County when required.

C. In the event the Contractor changes its insurance carrier, new verification of insurance coverage and Endorsement Page(s) must be provided to the County by the new insurance carrier within ten (10) days of the change of policy.

5.15. County Holidays

• New Year's Day

• MLK, Jr. Birthday

• Presidents' Day

• Memorial Day

• Juneteenth Day

• Independence Day

• Labor Day

• Indigenous People’s Day

• General Election Day (each even year)

• Veterans' Day

• Thanksgiving Day

• Christmas Day

5.16. Method of Award

A. Award of this contract may be in whole or in part, in accordance with Sec. 10-2-406 of the

Baltimore County Code, 2015, as amended. The County reserves the right to make multiple awards, on an individual item basis, combination item basis or lump sum basis, whichever is in the best interest of the County, effectively the lowest responsive, responsible bidders. Past performance of bidders in furnishing goods and services to Baltimore County will be considered in determining the award.

B. If multiple awards are made, it is the intention of Baltimore County to issue work equally to all contractors in a general rotation, however, the assignment of work shall be at the sole discretion of Baltimore County. Any claim of any contractor against the County for extra compensation or damages, arising out of the assignment of work by the County, shall be deemed to have been waived by all contractors. In addition, the County reserves the right to award individual jobs on a specific rotation basis, based on demonstrated areas of experience and expertise, or based on job location.

5.17. Reduction of Payment

A. Holding times are exceeded on any samples. In the event that laboratory analyses are completed after the allowable holding time, specified herein, payment for each sample analysis to Contractor shall be reduced by fifty percent (50%) for each sample.

Holding times commence when the sample is collected by County personnel as indicated by the time and date recorded on the Chain of Custody.

6. UTILIZATION OF BALTIMORE COUNTY’S DEPARTMENT OF ECONOMIC AND WORKFORCE

DEVELOPMENT

Baltimore County’s First Source Hiring Agreement requires that developers, contractors, and employers utilize good faith efforts toward employing economically disadvantaged Baltimore County residents in newly created positions on applicable projects. These efforts are supported by Baltimore County’s workforce development system, a partnered network of business and economic development professionals, education and training providers, and human service agencies working together systematically to provide a ready supply of qualified workers to employers with hiring needs.

The Contractor may use Baltimore County’s Department of Economic and Workforce Development as a “First Source” for training and recruitment of employees. To utilize “First Source” the Contractor may notify the Department of Economic and Workforce Development of employment opportunities to present qualified candidates to the Contractor for consideration. The Contractor may use reasonable efforts to consider qualified Baltimore County residents who are either unemployed or under-employed for all available positions. For additional information call 410-887-8000 or visit: https://www.baltimorecountymd.gov/departments/economic-development/business/workforce-services

7. SPECIFICATIONS

7.1. Specifications

A. SCOPE OF SERVICES:

1. The Vendor will provide water sample testing services, including all materials, labor, equipment, containers, supervision, services, disposal charges, and incidentals needed for water sample testing, in accordance with this specification and scope of work, as requested by the Baltimore County Engineering and Regulation Division Laboratory Supervisor

(BCERDLS) or a designated representative. All testing performed under this Request for

Quotation must comply with all applicable Federal, State, and Local laws governing laboratory testing of water samples, and all referenced standards and methods. The laboratory and staff must be certified and licensed to operate in the State of Maryland and to perform the services requested. Certifications must be submitted with the Bid documentation.

2. Water samples will be collected by Baltimore County staff and delivered directly to the

Vendor’s laboratory.

https://www.baltimorecountymd.gov/departments/economic-development/business/workforce-services https://www.baltimorecountymd.gov/departments/economic-development/business/workforce-services

3. The laboratory shall provide all labor, clerical support, furniture, office space utilities, sample containers, preservatives, Chain-of-Custody forms, testing equipment, related supplies, and any incidentals required to perform the testing services. Baltimore County will pick up the sample containers from the Vendor’s lab.

B. CHANGES TO THE CONTRACT:

1. The Vendor must notify the BCERDLS or designated representative immediately by telephone of any unexpected emergency or physical conditions found, along with recommendations for addressing them. Any changes not covered under the original scope must be jointly agreed upon by the Contractor and the County. Additional costs must be submitted in writing by the Vendor, and an amendment to the purchase order will be issued before the work can proceed. The County is not responsible for oral instructions. All official correspondence regarding the specifications must be directed to and issued by the

Purchasing Agent.

C. ITEMS OF WORK AND PAYMENT:

1. Items of work include labor, clerical support, laboratory facilities, utilities, sample containers, preservatives, Chain-of-Custody forms, laboratory testing equipment, written reports and analyses, supplies, and all costs necessary to provide water sample testing services, paid per each test in accordance with these specifications.

D. WORK PROCEDURES:

1. The BCERDLS or representative will contact the Vendor on an as-needed basis for water sample test analysis in compliance with applicable methods.

2. The Vendor must supply proper containers, preservatives if needed, and Chain-of-Custody forms in sufficient quantities, with the initial request being four to six sample containers.

3. Bidders may be required to provide evidence of financial responsibility and sufficient equipment, staffing, and storage capacity.

4. The County may inspect bidder facilities prior to awarding the contract.

5. Routine analysis must be completed within seven days of receipt of the sample, with reports mailed to the County within five days of analysis.

6. Emergency analysis may be requested in writing, requiring a 24-hour turnaround for analysis and reporting; a surcharge applies only if the report is delivered within the required timeframe.

7. The Vendor’s lab must be certified by the State of Maryland for drinking water analysis for

VOC and BNA, and certification must be included with the bid.

8. Laboratories must retain chemistry and radiochemistry records for 10 years and lead and copper records for 12 years.

9. The Vendor must include a statement of laboratory and staff qualifications.

10. On rare occasions, after-hours or weekend emergency testing may be required; Vendors must provide after-hours contact information.

E. MEASURE AND PAYMENT:

1. Payment applies to water testing for EPA Method 625 (acid and base/neutral extractable compounds)

2. EPA Method 608 (pesticide and PCB)

3. Standard Method 9215 (SPC/HPC)

4. Standard Methods 9223B or 9221B (total coliform)

5. Standard Method 9223B (E. coli)

6. EPA Method 335.4 (cyanide)

7. Standard Method 9221 B and E (fecal coliform)

8. contingency work for unlisted tests (markup must be entered as $1.xx)

9. 24-hour expedite fee for emergency analysis.

F. POTENTIALLY HAZARDOUS MATERIALS:

1. If any product used under this contract contains ingredients hazardous to health, a Material

Safety Data Sheet must be submitted with the bid. The extent of hazardous material use may affect contract award.

G. CODES AND REGULATIONS:

1. All work must conform to the latest applicable Baltimore County codes and regulations;

OSHA and MOSHA requirements; MDE and EPA requirements related to the work; and all other relevant local, State, or Federal regulations, standards, and methods, including amendments by MDE or EPA.

8. PRICE SHEET

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Testing, Water, CN EPA Method

335.4(Cyanide) 1 Each

2 Testing, Water, E-Coli, Standard

Method 9223B 1 Each

3 Testing, Water, Pesticide…