844106fireBalt.pdf

BALTIMORE COUNTY, MARYLAND

PURCHASING DIVISION

400 WASHINGTON AVENUE, ROOM 148

TOWSON, MARYLAND 21204-4665

REQUEST FOR BID NO. RFB-10000560

POLICE AVIATION UNIT FIRE SUPPRESSION SYSTEM

Timeline

Issue Date September 16, 2026

Pre-Bid Meeting (Non-Mandatory) October 8, 2026, 1:00pm

Please contact Felicitas Beck at fbeck@baltimorecountymd.gov to confirm attendance and receive the invitation link.

Site Visit October 14, 2026, 10:00am

Question Submission Deadline October 22, 2026, 3:00pm

Due Deadline October 30, 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.

mailto:fbeck@baltimorecountymd.gov

BALTIMORE COUNTY, MARYLAND

REQUEST FOR BID NO. RFB-10000560

POLICE AVIATION UNIT FIRE SUPPRESSION SYSTEM

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

Attachments:

A - Aviation Hangar Drawing 1

B - Aviation Hangar Drawing 2

C - Aviation Hangar Drawing 3

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: September 16, 2026

Pre-Bid Meeting (Non-Mandatory): October 8, 2026, 1:00pm

Please contact Felicitas Beck at fbeck@baltimorecountymd.gov to confirm attendance and receive the invitation link.

Site Visit: October 14, 2026, 10:00am

Question Submission Deadline: October 22, 2026, 3:00pm

Due Deadline: October 30, 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:

mailto:fbeck@baltimorecountymd.gov

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.

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

B. Bidders 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. Bidders 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 10:00 am on

Wednesday, October 14, 2026.

5. GENERAL TERMS AND CONDITIONS

5.1. Scope

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 approximate and 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 the County’s Final Acceptance. For purposes of this Agreement, “Final

Acceptance” shall be defined as the date upon which the County acknowledges final acceptance of all services and deliverables promised by the Contractor in relation to these services.

B. 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

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. Requests for fuel surcharges will not be entertained.

5.4. Additions to the Contract

Baltimore County reserves the right to add additional goods or 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 goods or services within the constraints of this agreement. The Contractor shall quote a price for the requested goods or 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 goods or services. Award of new goods and 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 goods or services.

5.5. Purchase Orders

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.

5.6. Multi-Agency Procurement

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.

5.7. Deliveries

A. Deliveries shall be made promptly. If deliveries are not made within thirty (30) days after receipt of order, the Purchasing Agent reserves the right to procure the supplies/services elsewhere on the open market, in which event, the extra cost of procuring the supplies/services may be charged against the Contractor and deducted from any monies due or which may become due it.

B. If the Contractor is unable to supply requested supplies/services within the designated time, due to factory delay, strike or any unforeseen circumstances, the Contractor must notify the

Buyer of the delay and the anticipated delivery date. Failure to comply with this requirement will result in a poor performance rating which is considered in subsequent awards.

C. Failure to meet delivery date and to provide supplies/services as specified may result in written termination of the contract.

5.8. Packaging

Packaging shall be in accordance with the best commercial practices for proper protection. All materials must be securely containerized in metal/plastic containers. The interior of the container must be of such material so that the chemical components of the product do not adversely affect the container for the shelf life of the product. All containers shall be labeled indicating content and instructions for proper use.

5.9. Recycled Components

Bidders must indicate what, if any, percentage of the products provided or used in performing this contract contain recycled components.

5.10. 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 any obligation or penalty.

5.11. Equivalents

Equivalent items will be considered provided descriptive literature and specifications accompany bid.

Acceptability of equivalent items is determined by the Purchasing Agent.

5.12. Contractor Qualifications

A. At the option of the County, bidders may be required to furnish evidence of sufficient financial responsibility to fulfill this contract, and evidence that they have, or can obtain the necessary equipment, manpower, and storage facility to ensure delivery within the parameters of this contract.

B. Bidders must provide at least three (3) references (names of contact persons, email addresses and phone numbers) of contracts with similar size and scope serviced during the past eighteen

(18) months.

C. Prior to award of this contract, the County reserves the right to inspect the facilities of any bidder. The reputation of bidders regarding adequacy of their resources and facilities, and past records of their skillful performance of work of the type and magnitude required herein shall be considered when making the award.

5.13. Background Checks

Criminal background checks must be procured and provided to the County, at no cost to the County, for any and all Vendor or subcontractor personnel that have the ability to view or access any County data. The Vendor must provide copies of such background checks to the County before any such personnel will be permitted to access the County's data. If such background check is not provided to the County, or is determined to be unacceptable, the County reserves the right to require the Vendor or subcontractor to provide alternate personnel. In addition, failure to provide such background check may be deemed to be a default under the contract.

5.14. Prevailing Wage and Local Hire

The Contractor and all Subcontractors must comply with the Prevailing Wage Law and Local Hiring

Requirements contained in Baltimore County Code § 10-2-506 and § 10-2-507, respectively, as amended. Prevailing wage means the wage rate paid by employers that is determined by a governmental authority, based upon a particular geographic area, for a given class of labor and type of project. The County will use the prevailing wage established by the State of Maryland

Commissioner of Labor and Industry for state funded construction contracts in the county at the time of award. These rates include the basic hourly rate and fringe benefits. Apprentices must be paid at least the rate that the state’s apprenticeship and training council sets for an apprentice in the trade involved, based on a percentage of the prevailing wage rate in that trade. Any Contractor that is subject to the prevailing wage or local hiring law will be required to agree to the below provisions:

A. For the purposes of these requirements, an employee means an apprentice, laborer or mechanic employed by a contractor or subcontractor on a capital improvement project with a value of over $300,000 and a County-subsidized capital project with a value over $5,000,000.

B. Capital Improvement Project does not include blanket order or open end agreements, capital improvement projects subject to a federal or state prevailing wage law, awarded without competition; with another governmental entity; to the extent the contractor is precluded from compliance by the terms of any federal or state law, contract or grant; entered into pursuant to

Baltimore County Code § 10-2-310(e); entered into as a joint or cooperative purchase or entered into as an emergency purchase.

C. The purpose of a prevailing wage is to ensure that contractors institute local hiring practices for

Capital Improvement contracts and Capital Projects under certain circumstances as required by law, and that the Contractor’s employees who work on capital improvement contracts are paid the going rate for their services. The prevailing wage rates are established by the State of

Maryland Department of Labor and apply to all of the Contractor’s employees and any and all

Subcontractors. The Contractor and all Subcontractors must comply with all of the requirements of the Prevailing Wage Law including, but not limited to, the following:

1. Pay employees the prescribed rate as annually established by the State of Maryland

Commissioner of Labor and Industry; the prevailing wage rates in effect on the date a solicitation is issued will apply throughout the term of a contract resulting from that solicitation. Contractor or subcontractor may NOT split or subdivide a capital improvement contract, pay an employee through a third party, treat an employee as a subcontractor or independent contractor to avoid any requirement of the County’s prevailing wage law; or employ an individual classified as a helper or trainee to perform direct and measurable work on a capital improvement contract.

2. Pay employees at a rate equal to or more than the prevailing wage rate currently in effect for the type of work performed

3. Pay employees overtime for work (I) more than eight hours in any single calendar day; (II) more than 40 hours in a work week; or (III) on a Sunday or a legal holiday.

4. Classify employees in their proper work classification in conformance with the schedule established by the State of Maryland Commissioner of Labor and Industry.

5. May only make fair and reasonable deductions that are (1) required by law; (2) authorized in a written agreement between an employee and contractor or subcontractor signed at the beginning of employment that concerns food, sleeping quarters, or similar items; and submitted by the contractor or subcontractor to the Director of the County’s Prevailing

Wage Program; or required or allowed by a collective bargaining agreement between a bona fide labor organization and a contractor or subcontractor.

a. Electronically submit a certified copy of payroll records through https://baltimorecounty.prismcompliance.com/ within 14 days after the end of each payroll period, to verify that Prevailing Wage rates have been paid to employees.

6. Payroll records shall contain a statement signed by the contractor or subcontractor certifying that the payroll records are complete and correct; the wage rates are not less https://baltimorecounty.prismcompliance.com/ than required by the Prevailing Wage law; and the rate of pay and classification for each employee accurately reflects the work the employee performed.

7. All payroll records shall include the name, address, telephone number and email address of the contractor or subcontractor; the name and location of the job; and each employee’s name, current address, unless previously reported; specific work classification; daily basic time and overtime hours; total basic time and overtime hours for the payroll period; rate of pay; fringe benefits by type and amount; and gross wages. Late submission of copies of any payroll records may be deemed deficient by the County until the required records are provided, and the County may postpone processing payments due under the Contract or under an agreement to finance the Contract.

8. Submit to random or regular audits and investigation of any complaint of a violation of the

County’s prevailing wage and local hiring laws and requirements.

9. Make best efforts to fill at least 51% of new jobs required to complete the capital improvement contract or capital project with Baltimore County residents.

10. Agree that any and all disputes will be handled as set forth in the County’s Prevailing Wage and Local Hiring laws as a condition of award

11. Submit monthly reports on the form designated by and to the Director of the Department of

Economic and Workforce Development relating to local hiring with respect to a capital improvement contract over $300,000 and County-subsidized capital project receiving assistance over $5,000,000 that includes 1) the number of new hires needed for the contract or project, 2) the number of County residents hired during the reporting period, 3) the total number of all employees hired during the contract period, 4) best efforts made to fill open positions with County residents, and 5) for new hires name, last four (4) digits of the social security number, job title, hire date, address and referral source.

12. In the event the County determines that a provision of the Prevailing Wage Law has been violated, the County shall issue a written decision, including appropriate sanctions, and may withhold payment due the Contractor in an amount sufficient to pay each employee of the Contractor or any Subcontractors the full amount of wages due under the Prevailing

Wage Law, and an amount sufficient to satisfy a liability of a Contractor for liquidated damages as provided under the Prevailing Wage Law, pending a final decision on the violation by the County. The Contractor may appeal a written decision of the Director of

Economic and Workforce Development to the Office of Administrative Hearings (“OAH”), that the Contractor violated a provision of the Prevailing Wage Law, within ten (10) working days after receiving a copy of the decision. OAH will conduct a hearing upon the receipt of a timely appeal. If no appeal, the decision of the Director of Economic and Workforce

Development or his designee becomes final. A Contractor who is found to have violated the provisions of the Prevailing Wage or Local Hiring laws intentionally, may not be awarded a County contract or work on any County project for a period of one year from the date of the OAH determination.

13. May not discharge, or otherwise retaliate against, an employee for asserting any right under the Prevailing Wage Law or for filing a complaint of a violation;

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

15. Each Contract subject to the Prevailing Wage Law may specify the payment of liquidated damages to the County by the Contractor for any noncompliance with the Prevailing Wage

Law. Liquidated damages are:

a. $10 for each calendar day that the payroll records are late; $20 for each day that an employee is misclassified and paid less than the prevailing wage rate; and a civil penalty $50 per violation of the requirement to post the prevailing wage rates at the work site.

b. These liquidated damages are solely related to prevailing wage and local hiring compliance and do not negate any other remedies available or set forth in the Contract, including delay damages or actual damages. These remedies are separate, in addition to, and not in lieu of any remedies available and set forth in the Contract for other breaches or defaults under the Contract.

16. Where the initial Contract Sum is $300,000 or below, but it is subsequently increased and exceeds $300,000 due to an approved Contract Modification, the amount of any such

Contract Modification that causes the Contract Sum to exceed $300,000 is subject to the

Prevailing Wage Law and Local Hiring requirements.

17. The Contractor and all Subcontractors must post a clearly legible statement of each prevailing wage rate in a prominent and easily accessible place at the Work Site during the entire time Work is being performed, in English and any other language that is primarily spoken by the employees, at the Work Site.

5.15. MBE/WBE and/or Economic Benefit Factor

The Economic Benefit Factor is included to determine if there are any new jobs being created or provides social responsibility to Baltimore County (as first preference) and/or Maryland its constituents. Examples of economic benefits to be derived from a contract shall include any of, but not limited to, the following. For each factor identified below, identify the specific benefit and contractual commitments and provide a breakdown of expenditures in that category:

A. The number and types of jobs for Baltimore County and/or Maryland residents resulting from the Contract. Indicate job classifications, number of employees in each classification and aggregate payroll to which the Bidder has committed, including contractual commitments at both prime and, if applicable, subcontract levels. If no new positions or subcontracts are anticipated as a result of this Contract, so state explicitly;

Placement or employment in High Growth Areas of Employment

Retention and Average Earnings – Fiscal Performance

Serving Veterans

Strengthen Local Workforce Economy

B. Subcontract dollars committed to Baltimore County and/or Maryland minority-owned and women-owned businesses, C. Other benefits to the Baltimore County and/or Maryland economy which the Offeror promises will result from awarding the Contract to the Bidder, including contractual commitments.

Describe the benefit, its value to the Baltimore County and/or Maryland economy, and how it will result from, or because of the Contract award. Bidders may commit to benefits that are not directly attributable to the Contract, but for which the Contract award may serve as a catalyst or impetus, and

D. Provide your firm’s policies with regards to the commitment to social responsibility. Submit examples. Include any examples in the Baltimore County vicinity.

5.16. Guarantee

All materials furnished and installed under this contract shall be guaranteed for a period of one (1) year against any and all defects in material, workmanship, and installation from the date of acceptance of the system by Baltimore County.

5.17. 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.