838939gcAAcps.pdf

Request for Proposals (RFP) #27CN-022

General Contracting Services - PreQualified

Date of Issue: August 14, 2026

Buyer Specialist: Jobi (Ferguson) Murphy Phone/email: 410-222-5178/jlmurphy3@aacps.org

Proposal Due Date: Proposals are due no later than Thursday, September 24, 2026, at 11:00 am Eastern Time in the Purchasing Office. The opening is NOT public. A pre-proposal conference is scheduled for September 1, 2026, at 9:00 am Eastern Time. The pre-proposal conference will be held in the Board Room of Anne Arundel County Public Schools, 2644 Riva Road, Annapolis, MD 21401.

Please email the Buyer Specialist to notify her of your attendance. Proper ID is required for entrance into the Board Room.

Minority & Small Business Enterprises and Veteran-Owned Businesses are encouraged to respond to this

RFP.

This Proposal must be signed by a person with legal authority to bind the company to the terms of the RFP and proposal. The signature on this page constitutes your acceptance of the terms and conditions contained in the RFP.

It shall be clearly understood that unless otherwise indicated, when this page is executed by an authorized officer of AACPS, these specifications, terms and general conditions shall become a legally binding Contract between the successful offeror and AACPS.

Name of Offeror: ____________________________________________________________________

Address: __________________________________________________________________________

Phone:___________________email___________________________

Tax ID or Social Security Number:________________________

MBE Cert. #, if any______________DGS Small Business Cert.#, if any: _________________

Web Address: ____________________________________MD Dept. of Assess. & Taxation # ________

Date Proposal Submitted: _______________Signature of Offeror: ______________________________

Printed/Typed Name and Title: _________________________________________________________

Accepted by AACPS Director of Purchasing_____________________________________________ (Date) Award Limitations:

ANNE ARUNDEL COUNTY PUBLIC SCHOOLS (AACPS)

PURCHASING DIVISION

2644 RIVA ROAD

ANNAPOLIS, MARYLAND 21401

TABLE OF CONTENTS

SECTION I: GENERAL INFORMATION

SECTION II: QUALIFICATIONS AFFIDAVIT

SECTION III: SCOPE OF WORK

SECTION IV: MANDATORY TERMS AND CONDITIONS

SECTION V: PROPOSAL INSTRUCTIONS

SECTION VI: EVALUATIONS

Attachment A – Conflict of Interest Affidavit and Disclosure Attachment B – Proposal Affidavit Attachment C – Acknowledgment of Nepotism Policy Attachment D – Electronic Funds Transfer Request Authorization Form Attachment E – Request for Information (RFI) Form Attachment F - Minority Business Enterprise Procedures

Section I: GENERAL INFORMATION

1. GENERAL

The Board of Education of Anne Arundel County (Board) is soliciting competitive sealed proposals for all necessary supplies, materials, equipment, labor, and supervision required to provide General Contracting for minor renovation and addition projects with construction cost estimates up to $1,500,0000. Services, which may include but are not limited to new walls, new flooring, new ceiling tile and fixtures, painting, baseboards, doors, casework, windows, exterior sealant, exterior steel doors, demolition, fire alarm/sprinkler work, access control/security improvements, restroom accessories/partitions, Americans with Disabilities Act (ADA) upgrades, minor site work, and miscellaneous M/E/P elements that are directly or consequentially associated with minor alterations or renovations scope, as more fully described herein.

Services shall be performed in accordance with the specifications, terms, general conditions, and attachments (if any). The named buyer specialist is the only person authorized to answer questions regarding this RFP. Offerors should not rely on information obtained from any source other than the buyer specialist. If further information is required, please contact the buyer specialist, Jobi (Ferguson) Murphy, at 410-222-5178. It is the responsibility of offerors to check for changes to the RFP (addenda) on the AACPS Purchasing web page (www.aacps.org under the Vendors and Contractors tab before RFP opening.

Minority Business Enterprises (MBE), small businesses, and veteran-owned businesses are encouraged to respond to this solicitation.

A pre-proposal conference will be held at 9:00 a.m. Eastern Time on September 1, 2026 at AACPS Board Room, 2644 Riva Rd. Annapolis, MD 21401. Attendance is strongly recommended. AACPS is not responsible for communicating to offerors any information that may be discussed during the conference.

However, if AACPS makes changes to the RFP as a result of the meeting, all offerors properly registered for Notifications on the AACPS website for this RFP will receive a notice of the amendment.

Offerors are responsible for understanding this solicitation. To that end, prospective offerors may submit questions to the AACPS Buyer Specialist named above.

• Questions must be in writing and submitted via hard-copy or email.

• Questions must be received in the Purchasing Office by 12:00 p.m. on September

10, 2026.

• Questions received after this date will be answered only if time permits.

• The Buyer Specialist will distribute a written summary of responses to timely-received questions to all prospective offerors known to have received a copy of this

RFP.

• Oral communications are not binding.

AACPS intends to award a contract to those offerors determined to be qualified by AACPS for the period of four years effective through February 15, 2031. AACPS reserves the right, in its sole discretion, to open the contract to new contractors through a separate RFP issued later in the contract term. AACPS may remove Contractors from the pre-qualified list for cause including, but not limited to, a history of poor work performance, a subsequent suspension or debarment by AACPS or another governmental entity, or repeated failure to participate in proposal opportunities without justification. See Section III, Contractor’s Responsibility.

Familiarize yourself with the Request for Proposal (RFP), Instructions to Offerors, Check-off List, Specifications, Qualifications, Mandatory Terms and Conditions, and Qualification Affidavit. The pre-proposal conference date and time and RFP due date and time are stated on page 1.

http://www.aacps.org/

The schedule of the selection process is as follows:

Issuance of RFP August 14, 2026 Pre-proposal Meeting September 1, 2026, 9:00 am EST Requests for Information (RFI) September 10, 2026, 12:00 pm EST Exceptions, if any, are due to the Buyer Specialist

10 calendar days prior to bid opening

Proposals Are Due to AACPS September 24, 2026, 11:00 am EST Review of Proposals and Discussions, if any September 24, 2026 – November 24, Recommend Contract Award to Board December 16, 2026, approximately

Services shall be performed in accordance with this RFP.

Offerors may not contact any Board Member, Elected Officials, or member of the Evaluation Panel regarding this solicitation until the contract is awarded. Any such attempt may be considered by AACPS as an effort to obtain an unfair advantage and could result in rejection of the Offeror’s proposal.

Board Policies and Administrative Regulations referenced in this RFP can be found on the AACPS website at:

https://aacpsschools.org/boardpolicies

2. MINORITY BUSINESS ENTERPRISES

There is no Minority Business Enterprise (MBE) goal for this RFP; however, a MBE goal will be assigned to each project over $50,000. MBE instructions and forms are provided in an attachment for reference only. MBE paperwork is to be completed and submitted for bid projects over $50,000.

3. NO OBLIGATION

This Request for Proposals implies no obligation on the part of the AACPS.

4. PROPOSAL INSTRUCTIONS

Offerors may submit proposals electronically. Electronic proposals may be done through the AACPS website at

Bid Submission Link

The time of receipt is the time the electronic proposal documents are RECEIVED by Anne Arundel County Public Schools-NOT the time you begin the upload. Please allow additional time for your proposal submission to be fully uploaded. AACPS is not responsible for technical failures that result in a late submission. Offerors must ensure the RFP number and title are correct when submitting the proposal.

Proposal Drop Off – Appointments are required for an in-person drop off. To schedule an appointment, offerors should email the Purchasing Office several days before the due date at purchasing@aacps.org https://aacpsschools.org/boardpolicies https://bids.aacps.org/Account/Login?ReturnUrl=%2FBidSubmissions mailto:purchasing@aacps.org

Offerors are responsible for properly labeling their proposal envelope with the company name, address, proposal number and due date. AACPS is not responsible for a proposal that may be inadvertently opened before the proposal due date if the proposal is not properly labeled. If offerors prefer to ship or courier the proposals, please allow extra time for any shipping delays, especially USPS deliveries.

Emailed or faxed proposals are not acceptable and will be rejected.

5. PRE-PROPOSAL CONFERENCE

A pre-proposal conference is scheduled on Tuesday, September 1, 2026, at 9:00 am and will be held at the address below:

Anne Arundel County Public Schools Board Room 2644 Riva Road Annapolis, Maryland 21401

Attendance is strongly recommended as attendance will facilitate your proposal preparation. AACPS is not responsible for communicating to offerors any information that may be discussed during the conference. However, if AACPS makes changes to the RFP as a result of the meeting, all bidders properly registered for Notifications on the AACPS website for this RFP will receive a notice of the amendment. Please email the Buyer Specialist to notify of your attendance. Proper ID is required for entrance into the Board Room.

6. REJECTION/CANCELLATION OF RFP

This solicitation is subject to cancellation when determined by the Supervisor of Purchasing to be in the best interest of AACPS. AACPS may reject any or all proposals when determined by the Supervisor of Purchasing to be in the best interest of AACPS.

7. EXCEPTIONS

Offerors shall submit any requests for clarification of, or modifications to, the terms and conditions of this RFP no later than ten calendar days prior to the proposal due date. Failure to submit such requests within the specified timeframe shall be deemed acceptance of all RFP terms and conditions as written.

AACPS reserves the sole right to accept or reject any requested modifications, in whole or in part, when determined to be in the best interest of AACPS.

All exceptions must be submitted via email to the Buyer Specialist identified on the front page of this RFP.

Exceptions submitted through the electronic bid portal will not be considered, as they may not be visible until after the proposal opening date.

Exceptions submitted after the deadline, or included with the proposal submission, will not be considered and may render the proposal non-responsive.

8. COMPETITIVE SEALED PROPOSAL PROCESS

Offerors shall submit all requirements as set forth in the RFP. Failure to accurately complete and submit all required documents may result in the rejection of the proposal.

Any offeror questions must be submitted in writing on the Request for Information form via email to the buyer specialist no later than Tuesday, September 8, 2026, at 12:00 pm Eastern Standard Time. Questions received after this date will be answered only if time permits. The buyer specialist is the only person authorized to answer questions regarding this RFP. Oral communications are not binding.

Offerors shall submit proposals electronically via this link:

Offerors hand delivering their proposals shall submit five (5) paper copies and one electronic copy of their proposal loaded on a flash drive.

Packages containing proposals should be clearly labeled and include the RFP Number and

Buyer Specialist Specialist’s Name.

Letter of Transmittal – the offeror shall include a Letter of Transmittal, signed by the person authorized to legally bind the offeror to the proposal. The letter shall specifically state that the offeror shall complete all services set forth in the proposal within the proposed time limits to the satisfaction of AACPS. The transmittal letter must also contain a brief executive summary that demonstrates an understanding of the scope of services and reasons why the offeror is best suited to provide the services.

The AACPS buyer specialist will initially review each proposal submission. Offerors whose technical proposals are determined to be not responsive, or offerors determined to be not responsible, shall be rejected and timely notified.

Qualified proposals shall be evaluated by a selection committee in accordance with the scope of work and evaluation criteria contained herein.

The selection committee, after an initial review of the proposals, may elect to conduct discussions for the purpose of ensuring the complete understanding of AACPS requirements and the offeror’s technical proposal. The buyer specialist may request discussions with all offerors or a subset of the highest-ranked offerors based on preliminary scores.

Offerors must confirm in writing any substantive oral clarification of, or change in, their proposals made during discussions. Any such written clarification or change then becomes part of the offeror’s proposal.

Upon completion of these processes, the selection committee will make a recommendation to the AACPS buyer specialist about which offerors are selected as the prospective awardees.

The buyer specialist will recommend awarding the contract to the responsible offeror whose proposal is determined to be the most advantageous to AACPS considering the technical evaluation as set forth in the RFP.

The recommendations are based on the highest evaluated score considering the evaluation criteria set forth in the RFP.

The contract award may be subject to approval by the Board of Education of Anne Arundel

County. Upon approval of the Board, the unsuccessful offerors will be notified and be offered the opportunity to be debriefed. The debriefing will be limited to a summary of deficiencies in the offeror’s proposal. Competing proposals will not be discussed.

9. SITE INSPECTIONS

PLEASE NOTE: SITE INSPECTIONS SHALL OCCUR AS JOBS ARE ADVERTISED

If applicable, bidder is responsible for examining all locations and surroundings in which the service is to be performed, thoroughly acquainting themselves with the details of the work and all conditions and obstacles, if any, which may be encountered in the performance and completion of the work. If any provision of these specifications is found by bidder to be inconsistent with or contrary to any existing rule, regulation, law or ordinance, the bidder shall report such to the Supervisor of Purchasing.

A site Inspection is strongly recommended. Inspections may be arranged by calling each school, Monday through Friday between 8 AM and 3 PM, except AACPS recognized holidays, to make an appointment and identify the employee(s) that will be visiting the site. When Contractor’s employee(s) arrive on site, they will be required to produce a copy of the bid advertisement or bidding documents along with their photo identification. Where scanning equipment is located, their identification will be scanned to ensure compliance with paragraph 19. SEX OFFENDER NOTIFICATION AND CRIMINAL BACKGROUND CHECKS of this section. If the Contractor’s representative cannot produce this required documentation, or the scan identifies the employee(s) as a registered offender, the school reserves the unilateral right to not allow Contractor’s employee(s) on site for any reason. This will not constitute grounds for an extension of the bid due date.

10. FINANCIAL DOCUMENTS

Acceptable documents for compliance with the mandatory Financial Statement requirement include the offeror’s:

• Latest Balance Sheet and Income Statement prepared by an independent accounting firm;

• Annual Report;

• Dun & Bradstreet complete Business Report; or,

• Other financial documents determined to be acceptable by the Director of Purchasing.

11. LATE PROPOSALS

Late proposals will not be accepted. It is the sole responsibility of the offeror to ensure that their proposal is submitted on or before the date and time specified in the solicitation. Late proposals will be immediately rejected and returned unopened or destroyed at the offeror’s request.

NOTE: If the Central Office Building (address above) is closed due to inclement weather, proposals shall be due on the next business day that the building is open. The originally scheduled proposal opening time shall remain the same regardless of the opening day. Use telephone number 410-222-5000 to determine if the building is closed. ALSO NOTE: The closing of schools does not constitute the closing of the Central Office Building.

12. PROPOSAL WITHDRAWAL

A proposal may not be withdrawn after it is submitted to AACPS unless the offeror makes a written request to the buyer specialist before the time set for receipt of proposals, or if AACPS fails to award or issue a notice of intent to award, or the offeror provides clear and convincing evidence that a mistake in the proposal has been made, and only then with the approval of the AACPS Director of Purchasing.

13. COST OF PREPARING THE PROPOSAL

AACPS accepts no responsibility for any expenses incurred in the proposal preparation and presentation requirements, if any. Such expenses are to be borne exclusively by the offeror.

13. PROTESTS

Protest procedures are governed by the Board of Education of Anne Arundel County Regulation DEC-

RA.

14. BUSINESS REGISTRATION

To be eligible for contract award, businesses must be properly registered and in good standing with the State Department of Assessments and Taxation.

15. TOBACCO PRODUCTS

The use of tobacco products is not permitted on school property. As provided in AACPS Board Policy GAC and Code of Maryland Regulations 13A.02.04, the use of tobacco products, including vaping, is not permitted in or on property owned by the Board of Education of Anne Arundel County. Failure to comply with this clause is considered a material breach of contract that may result in termination.

16. IRREGULARITIES

AACPS reserves the right to waive any minor mistakes in the solicitation or proposal. AACPS reserves the right to negotiate or modify any element of the solicitation to ensure that the best possible arrangements for achieving the stated purpose are obtained.

17. SUBCONTRACTORS

AACPS will enter into an agreement with the selected offerors only. The selected offerors shall be responsible for all services as required by this RFP.

18. CRIMINAL BACKGROUND CHECKS AND SEX OFFENDER SCREENING

Contractor shall comply with the requirements of Section 11-722 of the Criminal Procedure Article, and Section 6-113 of the Education Article, Annotated Code of Maryland.

ALL visitors and contractor personnel must present their driver's license to school staff for them to input it into the Raptor system to check them against the registered sex offender database before admittance will be granted onto school property. Maryland Law prohibits registered sex offenders from coming onto school property, regardless of whether there are students in the building. An AACPS contractor may not knowingly employ an individual to work at a school if the individual is a registrant, as provided in § 11- 722 of the Criminal Procedure Article, Annotated Code of Maryland. A contractor violating this Law is guilty of a misdemeanor and may be subject to imprisonment not exceeding five years or a fine not exceeding $5,000, or both.

An AACPS contractor or subcontractor may not knowingly assign an employee to work on school premises with direct, unsupervised, and uncontrolled access to children, if the employee has been convicted of:

a) Section 3-307 of the Criminal Law Article, Maryland Annotated Code, Sexual Offense in the Third Degree;

b) Section 3-308 of the Criminal Law Article, Maryland Annotated Code, Sexual Offense in the Fourth Degree;

c) An offense under the laws of another state that would constitute a violation of Sections 3-307 or 3- 308 of the Criminal Law Article if committed in Maryland;

d) Child sexual abuse under Section 3-602 of the Criminal Law Article, Annotated Code of Maryland;

e) An offense under the laws of another state that would constitute child sexual abuse under Section 3-602 of the Criminal Law Article if committed in Maryland;

f) A crime of violence as defined in Section 14-101 of the Criminal Law

Article, Annotated Code of Maryland; or

g) An offense under the laws of another state that would constitute a crime of violence under Section 14-101 of the Criminal Law Article if committed in Maryland.

See Section 6-113 of the Education Article, Annotated Code of Maryland

Unless already required for a Contractor employee professional license, Contractor shall ensure compliance with the requirements above for their workforce by completing background screening through the AACPS contractor located in the Central Office in Annapolis. Workforce means all the contractor's direct employees, volunteers, subcontractors, and independent contractors.

Violations of any of these provisions may result in immediate termination for cause.

20. ACCESS TO PUBLIC RECORDS

Offeror should identify those portions of its proposal that it considers confidential, proprietary commercial information, or trade secrets, and provide, upon request, justification why such materials, if requested, should not be disclosed by the AACPS under the Maryland Public Information Act. Offerors are advised that, upon request for this information from a third party, the Director of Purchasing will be required to make an independent determination whether the information may be disclosed. Portions of the proposal that are not marked confidential or proprietary will be considered by AACPS as disclosable under the Maryland Public Information Act.

21. GIFTS

In accordance with Board Policy BAF, offerors are hereby notified that the giving or offering of a gift or series of gifts to a Board official or employee is improper and may result in disqualification from future work.

22. eMaryland MARKETPLACE ADVANTAGE REGISTRATION Contractors are required to register on eMaryland Marketplace Advantage at https://procurement.maryland.gov within five days following notice of award. Maryland law requires local and state agencies to post award notices on eMaryland Marketplace Advantage. This cannot be done without the contractor’s self-registration in the system. Registration is free. Failure to comply with this requirement may be considered grounds for default.

AACPS recommends that all interested offerors register with eMaryland Marketplace Advantage regardless of the outcome of this RFP because it is a valuable resource for bid notification for school districts, and State, county, and municipal agencies throughout Maryland.

23. ETHICS

This solicitation is governed by the Board of Education of Anne Arundel County Vendor Relations Policy DEC and Vendor Relations Administrative Regulation DEC-RA. Also, in accordance with the Board’s Ethics and Conflict of Interest Policy BAF, if an AACPS employee has a financial interest in a company, that company may not submit a bid for an AACPS contract.

24. PAYMENTS BY EFT

By submitting a response to this solicitation, the offeror agrees to accept payments via electronic funds transfer (EFT) unless the AACPS Director of Purchasing grants an exemption. The selected contractor shall register by submitting Attachment D to accountingdept@aacps.org https://procurement.maryland.gov/ mailto:accountingdept@aacps.org

25. DEFINITIONS

“Day” means calendar day unless otherwise indicated.

“Responsible” means an offeror that has the capability in all respects to perform fully the contract requirements, and the integrity and reliability that shall assure good faith performance.

“Responsive” means a proposal submitted in response to a request for proposals (RFP) that conforms in all material respects to the requirements contained in the RFP.

THE REMAINDER OF THIS PAGE INTENTIONALLY BLANK

Checklist

Checklist for mandatory documents in your response, provided for your convenience. Failure to provide mandatory documents may be cause for rejection of your proposal.

TECHNICAL PROPOSAL

___ Uploaded to Bid Submission Page on AACPS website or One original, four (4) copies and one electronic copy of the technical proposal loaded on a flash drive (for proposals being dropped off) that includes:

____ Signed solicitation documents, including any RFP Addenda ____ Signed and Completed Qualifications Affidavit ____ Financial Statement(s) ____ Letter of Transmittal that includes an Executive Summary ____ Signed and completed Attachment A - Conflict of Interest Affidavit and Disclosure ____ Signed and completed Attachment B - Proposal Affidavit ____ Signed and Completed Attachment C – Acknowledgment of

Nepotism Policy ____ Submit Attachment D to Accounting@aacps.org

Offerors shall provide the technical proposal appropriately marked as follows:

Technical Proposal: Company Name RFP Title and Reference No.

Due Date:

This Package contains a Technical Proposal.

Section II: QUALIFICATIONS AFFIDAVIT

Submitted to: Anne Arundel County Public Schools, Purchasing Office

Offeror Name: _____________________________________________________________________

Information furnished in response to this Affidavit and any verification made by AACPS provides a basis for determining the responsibility of offerors. AACPS reserves the right to consider additional references discovered outside of this Affidavit.

The selected firm must have at least five years’ experience in providing General Contracting Services work in an occupied K-12 school building, similar to scope and complexity to those described herein.

Offerors shall have a 40% minimum of work performed by its employees. This experience must be under offeror’s company name for which this response has been submitted. If a firm does not have such experience or does not submit information in the proposal regarding this qualification, the Offeror may be determined not responsible and may be eliminated from further consideration.

AACPS may consider relevant individual experience of key personnel when assessing the responsibility of the offeror.

1. How many years has your firm been in the business of providing similar services under your current legal name? _________ Years of relevant experience.

Under a different legal name? Please provide the different legal name:____________________ _________Years of relevant experience.

2. List at least three contracts/references similar to the work being procured, in which your firm has completed within the last five years (include company names, firm or government agency, address, contact person, phone number and email address). At least one contract must have been completed within the past two years.

A. Contract:_________________________________________________________________

Beginning and End Date of Contract:______________________________________________

School District or Organization: ___________________________________________________

Contact Person: _______________________________________________________________

Phone Number and email: _______________________________________________________

B. Contract:__________________________________________________________________

Beginning and End Date of Contract:_______________________________________________

School District or Organization: __________________________________________________

Contact Person________________________________________________________________

Phone Number and email: _______________________________________________________

C. Contract:__________________________________________________________________

Beginning and End Date of Contract:_______________________________________________

School District or Organization: ___________________________________________________

Contact Person: _______________________________________________________________

Phone Number and email: _______________________________________________________

3. List two additional professional references not including those cited above. Provide project name, address, phone, email, and point of contact.

Project Name Address Phone Email Point of Contact

4. What is your Dun and Bradstreet Rating, if any?

5. How many people does your company currently employ on a:

A. Full-Time basis? B. Part-Time basis?

6. Has your organization performed, or are you currently performing, any other contract, not included in #2 above, for any school district in northern Virginia, the District of Columbia, or Maryland over the last five years? (Please list names, addresses, dates and the employee responsible for accepting the work).

7. Has your company ever been suspended or debarred from bidding on contracts by the federal government, the Maryland Board of Public Works or any other local, state or federal organization for any reason? Explain.

8. Has your company ever filed for bankruptcy/receivership or any other similar defalcation? Explain.

9. Has your company been subjected to any penalty or liquidated damages arising out of poor or non-performance? Explain.

The signatory of this form hereby affirms that the information as set forth is accurate, truthful and complete, to the best of his/her knowledge and belief.

Dated this ____________day of_________________________202__.

Name of Organization:

By:

(Signature) (Print Name)

Title:

Section III: SCOPE OF WORK

1. SCOPE OF WORK

AACPS is requesting proposals to prequalify general contractors. General contractors shall submit technical proposals to provide services as indicated herein. General Contracting for minor renovation and addition projects with construction cost estimates up to $1,500,0000. Services shall include but not be limited to the following: new walls, new flooring, new ceiling tile and fixtures, painting, baseboards, doors, casework, windows, exterior sealant, exterior steel doors, demolition, fire alarm/sprinkler work, access control/security improvements, restroom accessories/partitions, ADA upgrades, minor site work, and miscellaneous M/E/P elements that are directly or consequentially associated with minor alterations or renovations scope.

It is anticipated that a maximum of ten (10) general contractors will be selected from the candidate list for a short list of pre-qualified general contractors.

The successful pre-qualified general contractors will then be invited to submit a sealed bid for AACPS projects for which they have been pre-qualified. The bid process will be restricted to contractors who have been pre-qualified.

2. CONTRACTOR’S RESPONSIBILITY

2.1 General

The General Contractor shall:

• Be licensed by the State of Maryland and Anne Arundel County;

• Follow contract requirements in accordance with the general conditions of the construction contract and AACPS Supplement to AIA Document A201, 1997 Edition or any newer edition approved by AACPS;

• Provide a responsible on-site managing superintendent;

• Assign qualified persons to the contract;

• Provide the equipment and materials required to do the assigned task or accomplish the functional requirements and outcomes;

• Maintain records of expenditures, deliverables and progress; and

• Submit required reports on schedule and maintain a clear line of communication for prompt resolution of problems. Interpersonal communications skills are paramount.

At the end of each fiscal year, this contract shall be reviewed. Any pre-qualified contractor failing to respond to a minimum of fifty percent (50%) of Requests for Bids may be removed from the pre-qualified list. Pre-qualified contractors must maintain a satisfactory record of performance.

Unacceptable performance will be cause for removal. New contractors may be pre-qualified during the contract term by submitting an acceptable technical offer in response to a new Request for Technical Proposal.

2.2 Project Administration

Within one week following receipt of a written Notice to Proceed from authorized AACPS personnel, the contractor shall begin work and shall execute the work to be performed in accordance with the plans, specifications, and terms and conditions of the bid. All work shall be performed under the supervision and direction of AACPS’s project manager, construction manager, or their designee.

NOTE: It is typical that this work requires the approval of the Anne Arundel County Board of Education prior to commencement of work. No work shall commence prior to the Notice to Proceed, which may be conditioned on Board approval.

2.3 Method of Payment

Compensation shall be as outlined in the AIA Document A201 and supplement.

2.4 Offeror Qualifications

2.4.1 AACPS will assess all offerors as to organization, ability to perform, and experience.

AACPS reserves the right to reject any proposal where such investigation does not satisfy AACPS, in its sole discretion. Previous performance on AACPS contracts and any other projects may be considered in determining qualification of short list contractors. Offeror qualification determinations by AACPS are final.

2.4.2 In addition to other requirements noted in this RFP, Offerors shall meet the following requirements in order to be considered for award of a contract.

• Offerors shall have not less than five years of experience on projects of similar scope and size.

Offerors shall have a satisfactory record of past performance as documented by a minimum of three references showing experience with jobs of the same size, nature, and complexity.

Offerors shall be able to provide documentation of registration and good standing with the Maryland State Department of Assessment and Taxation.

Offerors shall supply, with the proposal response, copies of any and all licenses required to perform the work being requested.

2.5 Fort George G. Meade

All contractors conducting legitimate business on behalf of Anne Arundel County Public Schools, on the secure portion of the Fort George G. Meade United States Army Installation (Installation), must obtain the necessary access credentials prior to attempting entry. NO

EXCEPTIONS.

The following schools are located on the secure portion of the Installation which require the contractor to obtain the necessary access pass. Access to these schools is through the Reese Road gate inspection station.

Manor View Elementary School West Meade Early Education Center 2900 MacArthur Road 7722 Ray Street Ft. George G. Meade MD 20755 Ft. George G. Meade MD 20755 410-222-6504 410-222-6545

Pershing Hill Elementary School MacArthur Middle School 7600 29th Division Road 3500 Rockenbach Road Ft. George G. Meade MD 20755 Ft. George G. Meade MD 20755 410-222-6519 410-674-0032

Note: Meade High School, Meade Middle School and Meade Heights Elementary are not located on the secure portion of the Installation and may be visited without an access pass and do not require entry through the Reese Road gate inspection station.

The contractor will need to submit to a background check conducted by the Installation to obtain the needed access pass. To begin this process contact AACPS, Office of Investigations, Debbie Jones, at dajones2@aacps.org and request a Fort George G. Meade Installation Access Request form (Form 191). If there are any questions call (410) 222-5287. Once the access form is completed and approved by AACPS you will then need to present it, along with the required identification documentation, to the Installation’s Demps Visitor Control Center at:

Demps Visitor Control Center 902 Reece Road 7:30 a.m. to 4:00 p.m., Monday through Friday

(301) 677-1064 or (301) 677-1065

Contractor personnel must submit a Form 191 and present two forms of identification in original form and shall be neither expired nor cancelled in order to obtain access (or when necessary an ID badge):

1) A State-issued identification card (e.g. driver’s license) with picture and Real ID Act 2005 compliant;

2) Original social security card (photocopy not acceptable); and

3) Original birth certificate or passport as proof of citizenship. Contractor personnel who are not

U.S. citizens will be required to provide immigration documentation.

Go to the following link for further information on access requirements:

https://home.army.mil/meade/index.php/about/visitor-information

Contractors are responsible for ensuring their employees, subcontractors, and agents have the necessary credentials to access the Installation.

2.6 Confidentiality

The contractor shall ensure the complete confidentiality of all information provided by AACPS and gathered in the development by contractor in the performance of the contract. The material gathered, used, and developed may not be provided to any other party without the expressed written approval of the Director of Purchasing.

3. AACPS RESPONSIBILITIES

3.1 General

AACPS shall provide all assistance deemed reasonable and necessary to assist contractor to address the obligations specified herein as it relates to current AACPS operations, documentation, required information, and assistance.

3.2 Plans and Specifications

All plans and specifications for bidding by the short-listed firms will be provided by AACPS in digital pdf format. Printing and reprographic costs prior to and after award will be at the expense of short-listed firms.

mailto:dajones2@aacps.org

3.3 Access to the Premises

AACPS shall facilitate reasonable access to transportation sites and schools for the purposes of performing upon this Contract. The location of each school can be found on our website, www.aacps.org.

3.4 Project/Construction Manager

AACPS shall have an assigned project manager for all projects. On large projects, AACPS may contract with a construction management firm to supervise the project.

3.5 Inspection of Services and Testing of Supplies and Services

The Contractor shall provide and maintain an inspection system acceptable to AACPS covering the supplies/services under this solicitation/contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to AACPS during contract performance and for as long afterwards as the contract requires.

AACPS has the right to inspect and test all materials/services in accordance with the contract, to the extent practicable at all times and places during the term of the contract. AACPS shall perform inspections and tests in a manner that will not unduly delay the work.

If AACPS performs inspections or tests on the premises of the Contractor or a Subcontractor, the Contractor shall furnish, and shall require Subcontractor to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(1) No inspector other than the Supervisor of Purchasing may change any provision of the specifications or the contract without written authorization. The presence or absence of an inspector does not relieve the Contractor or Subcontractor from any requirements of the contract.

(2) Location. When an inspection is made in the plant or place of business of a Contractor or Subcontractor, the Contractor or Subcontractor shall provide, without charge, all reasonable facilities and assistance for the safety and convenience of the person or persons performing the inspection or testing.

(3) Time. Inspection or testing of supplies and services performed at the plant or place of business of any Contractor or Subcontractor shall be performed at reasonable times.

If any of the materials/services do not conform to solicitation/contract requirements, AACPS may require the Contractor to perform the services again in conformity with contract requirements, AACPS may:

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

If the Contractor fails to cure any defect or ensure future performance in conformity with contract requirements, AACPS may:

(1) By contract or otherwise, acquire the supplies/services and charge to the Contractor any cost incurred by the AACPS that is directly related to the acquisition of such material/service; and

(2) Terminate the contract for default.

http://www.aacps.org/

4. QUANTITIES

Bidding of projects shall be based on need and available budget for each fiscal year. This contract does not guarantee any work shall be awarded.

5. DURATION OF CONTRACT

Once awarded, the contract shall remain in force and effect for a period not to exceed four years through 2/15/2031. Any contractor added during the term of the contract will be retained under this contract period.

6. SURETY

NOTE: There are no surety requirements for this RFP. However, the following conditions will apply for each project the successful offeror is requested to bid.

6.1 Bidders shall provide proposal security, which shall not be less than ten percent (10%) of the amount of the bid, and at the option of the bidder may be certified check, bank draft, U.S.

Government Bonds (at par value) or a bid bond. No bid shall be considered unless it is so guaranteed. Certified check or bank draft must be made payable to the order of AACPS. Cash deposits shall not be accepted. The bid guarantee shall insure the execution of the contract and the furnishing of performance and payment bonds by the successful bidder as specified in the contract documents.

In the case that the Bid Surety is in the form of a certified check, bank draft, or U.S. Government Bonds, AACPS may make such disposition of the same as shall accomplish the purpose for which submitted. Certified check or bank drafts or the amount thereof and U.S. government Bonds of the unsuccessful bidder shall be returned as soon as practicable after opening of bids.

6.2 A Performance Bond (reference Attachment 1) executed by a surety company authorized to do business in this County and State satisfactory to AACPS, in the amount not less than one hundred percent (100%) of the total amount of the contract. Such bonds shall be executed and delivered by the successful bidder within twenty (20) days after receipt of the award by the successful bidder to AACPS Purchasing Office.

6.3 A Payment Bond executed by a surety company authorized to do business in this County and State satisfactory to AACPS in the amount of one hundred percent (100%) of the total amount of the contract. Such bonds shall be executed and delivered by the successful bidder within twenty

(20) days after receipt of the award by the successful bidder to AACPS Purchasing Office.

7. INSURANCE REQUIREMENTS

Unless otherwise required in this solicitation, or elsewhere, if a Contract is awarded the Contractor shall be required to purchase and maintain during the life of the Contract, Commercial General Liability Insurance, Business Auto Liability Insurance, and Workers’ Compensation Insurance with limits of not less than those set forth below. The Contractor shall require similar coverage from any of its subcontractors.

Commercial General Liability At least $1,000,000 combined single limit coverage written on an occurrence basis covering all premises and operations and including Personal and Advertising injury, Independent Contractor, Contractual Liability and Products and Completed Operations. The general aggregate limit is to apply per project.* On all Commercial General Liability Insurance policies the Board of

Education of Anne Arundel County (the BOARD) AKA Anne Arundel County Public Schools (AACPS) and all AACPS Parties, administrators, executives, employees and volunteers, shall be named as additional insureds, which shall be shown on the insurance certificates furnished to AACPS under this Section.

Business Auto Liability Insurance

At least $1,000,000 Combined Single Limit any one accident to include owned, non-owned, and hired vehicles.

Workers’ Compensation and Employers’ Liability Insurance

Statutory benefits as required by Maryland law and/or, when required, the U.S. Longshore and Harbor Workers’ Compensation Act including standard Other States Insurance and Employers’ Liability coverage with limits of at least $500,000 each accident/$500,000 each employee disease/$500,000 disease policy limit.

Sole proprietors and partners exempt from statutory workers’ compensation with no employees or subcontractors must provide appropriate documentation in support of that exemption.

The Contractor shall provide AACPS with a Certificate of Insurance evidencing the coverage required above within ten (10) days of the date of the notice of award. While under contract if the Contractor receives an insurer’s cancellation notice the Contractor shall email a copy within two (2) business days of its receipt to the Purchasing Officer at: purchasing@aacps.org. The Contractor if requested by AACPS, shall provide certified true copies of any, or all, insurance policies.

Providing any insurance required herein does not relieve the Contractor of any of the responsibilities or obligations assumed by the Contractor in any resulting Contract or for which the Contractor may be liable by law or otherwise.

Failure to provide and continue in force such insurance as required herein shall be deemed a material breach of any resulting Contract and shall operate as an immediate termination thereof.

Waiver of Right of Recovery/Subrogation To the fullest extent permitted by law, the Contractor and its invitees, employees, officials, volunteers, agents and representatives waive any right of recovery against the AACPS Parties, including its Board of Education, administrators, executives, employees or volunteers, for any and all claims, liability, loss, damage, costs or expense (including attorney’s fees) arising out of the services provided by Contractor under this Contract. Such waiver shall apply regardless of the cause of origin of the injury, loss or damage, including the negligence of the Board and its elected and appointed officials, officers, volunteers, consultants, agents and employees. The Contractor shall advise its insurers of the forgoing and such insurance shall waive any right of subrogation by endorsement or otherwise.

Section IV: MANDATORY TERMS AND CONDITIONS

The following are mandatory terms and conditions to be included in all contracts:

1. COMPLIANCE WITH LAWS

The Contractor hereby affirms:

• It is qualified to do business in the State of Maryland and it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

• It is not in arrears with respect to the payment of any monies due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract;

• It shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract to include all OSHA and Maryland Occupational Safety and Health (MOSH) requirements including, but not limited to hazard communication, heat stress, personal protective equipment and ensure employees will be trained and supervised accordingly to those applicable laws and regulations; and

• It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract

2. RETENTION OF RECORDS

The Contractor shall retain and maintain all records and documents relating to this contract for five years after final payment by the AACPS hereunder or any applicable statute of limitation, whichever is longer, and shall make them available for inspection and audit by authorized representatives of

AACPS.

3. TERMINATION

3.1 TERMINATION FOR DEFAULT

Should a Contractor fail to perform fully, faithfully and promptly any obligation owed to AACPS under this contract, AACPS may, at its election, consider the breach material and, notwithstanding any requirement of notice, terminate the contract in its entirety. Failure on the part of the Contractor to fulfill contractual obligations shall be considered just cause for termination of the contract, and the Contractor is not entitled to recover any cost incurred by the Contractor up to the date of termination.

Such termination, or failure to terminate, by AACPS shall not be construed as a waiver of any other right or remedy afforded by law or by agreement between the parties which AACPS may have against Contractor. No failure of AACPS to utilize a remedy afforded by law or contract upon any breach by Contractor shall be construed as a waiver of the right to insist upon full, prompt and faithful performance of the particular obligation, and all other obligations of Contractor in the future.

3.2 TERMINATION FOR CONVENIENCE

The performance of work under this contract may be terminated by AACPS in accordance with this clause in whole, or from time to time in part, whenever AACPS shall determine that such termination is in the best interest of AACPS. AACPS shall pay all reasonable costs associated with the contract that the Contractor has incurred up to the date of termination, and all reasonable costs associated with termination of the contract; provided, however, that the Contractor shall not be reimbursed for any anticipatory profits that have not been earned as of the date of termination.

3.3 NONAVAILABILITY OF FUNDING

If the County Council fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this contract succeeding the first fiscal period, this contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this shall not affect either AACPS’s rights or the Contractor’s rights under any termination clause in this contract.