City of Gaithersburg 31 South Summit Avenue, Gaithersburg, Maryland 20877

MAYOR

Jud Ashman

COUNCIL MEMBERS

Neil Harris

Lisa Henderson Yamil Hernández

Jim McNulty Robert T. Wu

CITY MANAGER

Tanisha Briley

Proposals Due:

Proposals Submitted To:

REQUEST FOR PROPOSALS

On-Call Plumbing Services for City Facilities

RFP2027-008

Solicitation Issued:

Time: 5:00 PM

September 16, 2026

October 22, 2026

2027-008@gaithersburgmd.gov

2027-008@gaithersburgmd.gov

Version 022022

TABLE OF CONTENTS

1. Definitions

2. INTRODUCTION AND SCOPE OF WORK

2.1. Introduction

2.2. Background

2.3. Data, Information and Services Provided by the City

2.4. Scope of Work

2.5. General Guidelines and Schedule of Services

2.6. Project Supervision

2.7. Site Safety and Use of Premises

2.8. Permits and Inspections

2.9. Representations of Contractor

2.10. Warranties

2.11. Materials and Equipment Rental Mark-Up

2.12. City’s Right to Finish Partial Work

2.13. Project Closeout

2.14. Minimum Qualifications:

3. SOLICITATION SCHEDULE AND INFORMATION

3.1. Solicitation Schedule

3.2. Pre-Submission Meeting

3.3. Submission of Offeror Questions

4. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

4.1. Proposal Preparation

4.2. Proposal Submission

5. Evaluation Criteria and Selection Process

5.1. Award

5.2. Selection Committee

5.3. Evaluation Criteria

5.4. Selection Process

6. NOTICE TO OFFERORS

6.1. Disclaimer

6.2. Acceptance

6.3. Authority to Distribute Solicitation Documents

6.4. Restricted Discussions

6.5. State of Maryland Bid and Contract Requirements

6.6. ADA Requirements

7. SOLICITATION AND CONTRACT TERMS AND CONDITIONS

7.1. Headings

7.2. Acceptance and Rejection of Proposals

7.3. Accurate Information

7.4. Addenda and Amendments

7.5. Alternate Proposals

7.6. Binding Proposal

7.7. Confidentiality

7.8. Contract Award

7.9. Errors in Proposals

7.10. Interest in More than One Proposal and Collusion

7.11. Late Proposals

7.12. Modifications to Proposals

7.13. Return of Bid Bonds

7.14. Optional Goods and/or Services

7.15. Solicitation Documents

7.16. Solicitation Protest

7.17. Use of Broker

7.18. Assignment of the Contract

7.19. Changes in Goods and/or Services

7.20. Contract Disputes

7.21. Dissemination of Data

7.22. Employment as Independent Contractor

7.23. Ethics Laws and Requirements

7.24. Force Majeure

7.25. Governing Law

7.26. Immigration Reform and Control Act

7.27. Inconsistent Provisions

7.28. Indemnification

7.29. Laws and Regulations

7.30. No Liens

7.31. No Waiver

7.32. Nonexclusive

7.33. Non-Discrimination Requirements

7.34. Ownership of Materials

7.35. Patents

7.36. Invoices, Payment Terms and Taxes

7.37. Records

7.38. Subcontractors

7.39. Survival

7.40. Termination

8. SPECIAL TERMS AND CONDITIONS

8.1. Insurance

8.2. Personnel

8.3. Contractor’s Capacity

8.4. Holidays (Observed)

8.5. Contract Term And Price Adjustments

8.6. Contract Administration

8.7. Unauthorized Use Of City Equipment

8.8. Task Orders

8.9. Working Hours Classification

8.10. Payments

9. ATTACHMENTS AND EXHIBITS

Request for Proposal 2027-008 On-Call Plumbing Services for City Facilities Page 1

1. Definitions Proposal: the offer submitted to the City by an Offeror in response to this Solicitation.

Offeror: any Person submitting a Proposal in response to this Solicitation.

City: the City of Gaithersburg, Maryland, a municipal corporation of the State of Maryland.

City Manager: the City Manager of the City or his or her designee.

Contract: the binding agreement awarded pursuant to this Solicitation, if any.

Contractor: the Offeror awarded the Contract.

Lowest Responsive Proposal: the Proposal accepted by the City, which offers the lowest total price, including alternates if awarded, and that fully conforms in all material respects to the requirements of this Solicitation, all form and substance included.

Mayor and Council: “the Mayor and City Council of the City.

Person: any individual, or association or business recognized by law.

Procurement Webpage: http://www.gaithersburgmd.gov/government/procurement.

Responsible Offeror: Offeror who meets all of the minimum qualifications specified in this Solicitation and who is fully capable to and able to evidence its ability to provide the Services under the Contract.

Services: the goods and/or services described in this Solicitation and to be provided to the City by the Contractor under the Contract.

Solicitation Documents: this Solicitation and any and all documents issued and/or used by the City to solicit Proposals, including but not limited to: addendums, amendments, forms and specifications.

Solicitation Schedule: the events and dates and times thereof specified in Section 3.1 of this Solicitation.

Solicitation: Request for Proposals Submission Deadline: the date and time, specified in Section 3.1 of this Solicitation, by which all Proposals shall be submitted to and received by the City.

http://www.gaithersburgmd.gov/government/procurement

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2. INTRODUCTION AND SCOPE OF WORK

2.1. Introduction

The City of Gaithersburg (“City”) is seeking sealed Proposals from qualified contractors to provide maintenance, repair and installation services for plumbing equipment at various City-owned or leased facilities and parks on an “as needed” basis, through the issuance of Executed Task Orders. The City wishes to award individual time-and-material contracts to up to two (2) successful Offerors for durations up to five (5) years.

2.2. Background

A. Gaithersburg is among the largest cities in the State of Maryland, with a population in excess of 69,000, occupying more than 10 square miles within Montgomery County. The City provides many services including police protection, licensing and permitting, building inspections, recreation and cultural activities, street maintenance, recycling collection, stormwater management, housing and community development, and snow removal. Read more about our mission and vision at Gaithersburg Mission and Vision.

B. Estimated total value for the Contract is not to exceed One Hundred Thousand Dollars ($100,000.00) per twelve (12) month period total to selected Contractor(s) selected to provide the Services, as compensation for individual Task Orders. Estimated value is for planning purposes only; there is no guarantee of annual work issued under the Contract. The Contractor shall not charge the City Portal-to-Portal costs.

2.3. Data, Information and Services Provided by the City

The City will provide the following information and data to the Contractor as needed, and when such information and data is available:

A. Plans, specifications and other construction documents for the work orders and from previous projects that may be applicable or beneficial to the required task.

B. Other related reports, studies, assessments and correspondence including:

i. Previous maintenance history (if available); and

ii. Any warranties or guarantees that may be applicable.

2.4. Scope of Work

The following is an outline describing the Scope of Services to be required of the Contractor. The types of services are not inclusive and if the Contractor is unable to perform any of the listed services the Offeror is expected to identify such service in its Proposal.

A. Cleaning of drains and sewer lines;

B. Servicing pumps and piping;

C. Unstopping/snaking of facility drain systems;

D. Repairs to piping and couplings;

E. Servicing, repairs and/or replacement of commercial and residential fixtures;

F. Installation of drains;

G. Demolition and removal of existing systems;

H. Hydrojetting;

I. Camera line inspections;

J. Fire hydrant install;

K. Water meter install;

L. Water valve install;

M. Backflow testing, repair and installation; and N. General plumbing work.

2.5. General Guidelines and Schedule of Services

A. The Contractor is required to attend a post-award, pre-construction meeting where Specific guidelines, rules and regulations will be discussed. Any damages of any kind caused by the Contractor while performing tasks under the resultant contract shall be repaired and surfaces restored by the Contractor and at the Contractor’s expense and in a manner that is satisfactory and acceptable to the City. All work performed under the resultant contract shall be in accordance with:

i. All Facility rules and regulations affecting the work while providing the Services;

https://www.gaithersburgmd.gov/about-us/mission-vision-guiding-principles https://www.gaithersburgmd.gov/about-us/mission-vision-guiding-principles

On-Call Plumbing Services for City Facilities Page 3

ii. Federal, state, local and the City fire and safety requirements; and

iii. The City of Gaithersburg noise ordinance (Refer to link: Noise Ordinance).

B. Services Hours

i. Regular hours: Monday – Friday 7:00 a.m. to 5:00 p.m.

ii. Overtime work hours: Monday – Friday 5:00 p.m. to 7:00 a.m.

iii. Emergency Hours: Saturday – Sunday and City observes holidays as specified in Section 8.5, Observed Holidays. Note: The City must authorize overtime and emergency service prior to the commencement of the work.

C. The Contractor may set its own schedule provided the services are completed by the agreed upon Completion Date.

D. Work performed on City observed holidays shall only be permitted with prior written approval.

Contractor shall submit in writing to the City Project Manager seven (7) calendar days prior to starting weekend or holiday work and receive written approval prior to scheduling the work.

E. The Contractor will be fully responsible for securing the facility and areas permitted under the Contract (Work Zone) during the construction period.

F. The City may direct the Contractor to coordinate certain work that requires access to the occupied office space during the weekends or after hours (after 5:00 p.m. or before 7:00 a.m.).

2.6. Project Supervision

The Contractor shall have a full-time supervisor present at the Facility at all times the work is being performed to be readily available to review all phases of the project when requested by the City. The Contractor shall only assign a supervisor to the project once it receives written approval by the Project Manager.

2.7. Site Safety and Use of Premises

A. Use of Premises: At all times while providing the services under the contract, the Contractor shall:

i. Conform to Specific rules and regulations that will be discussed during pre-construction meeting.

ii. Confine operations at the Facility to the Work Zone while leaving any portions of the Site outside of these areas undisturbed.

iii. Keep planned egresses outside the Work Zone clear and available to the public during normal Facility operation hours. Unless approved by the Project Manager, do not use these areas for parking or the storage of materials. Parking areas and areas for the storage of materials shall be limited to those areas within the Work Zone.

iv. Provide any and all guards, signs, fences, dust barriers and protective devices required for the safe completion of the Services as specified in the Plans and Specifications.

v. Provide for the safety of the property occupants, visitors to the site, and all connected with the work under the specification.

vi. All existing facilities both above and below ground shall be protected and maintained free of damage. Existing facilities shall remain operational during the period of construction unless otherwise permitted. All access roadways must remain open to traffic unless otherwise permitted.

B. Safety Requirements: At all times while providing the services under the contract, the Contractor shall:

i. Submit detailed comprehensive job specific, Occupational Safety & Health Administration

(OSHA) complaint construction safety plans to the City and the Architect on record a minimum of three (3) days prior to the construction kick off meeting for review and approval. Contractor shall not begin any work until all safety plans are implemented. All application, material handling, and associated equipment shall conform to and be operated in conformance with OSHA safety requirements.

ii. Notify and advise the City in writing three (3) days in advance whenever work is expected to be hazardous to the City, employee, and/or operations.

iii. Maintain proper fire extinguisher within easy access whenever power tools, welding equipment and torches are being used.

iv. Contractor must train and enforce OSHA’s fall protection safety for its employees and subcontractors working on this project.

https://library.municode.com/md/gaithersburg/codes/code_of_ordinances?nodeId=PTIITHCO_CH15OFIS_S15-8DIPE

On-Call Plumbing Services for City Facilities Page 4

C. Housekeeping: The Contractor shall:

i. Keep materials neat and orderly.

ii. Remove scrap, waste and debris from project area.

iii. Provide adequate protection for all landscaping in work areas.

iv. Surface of walls, pavements, adjacent property, etc., shall be protected as necessary to prevent soiling or other damage due to the Contractor’s work.

2.8. Permits and Inspections

A. The Contractor shall obtain any and all permits including trade permits and licenses and coordinate any and all inspections necessary to properly perform the work under the Contract. The City acknowledges and agrees to waive the fee for any permits that are both required by and issued by the City. The City will reimburse permit fees for non-City permits, such permit fees are not subject to price markups.

B. The Contractor shall give all notices and comply with all laws, ordinances, rules, and lawful orders. If the Contractor observes that any portion of the Contract varies from all applicable law, statute, and/or building code, the Contractor shall promptly notify the City in writing, and necessary changes will be accomplished by modification.

2.9. Representations of Contractor

The Contractor represents and warrants:

A. The firm is financially solvent and its team is experienced in and competent to perform the type of work, or to furnish the plans, materials, supplies or equipment to be performed or furnished.

B. The Contractor has carefully examined the plans, the specifications and the site of the work and that from the Contractor’s own investigations, he/she has satisfied themselves as to the nature and location of the work, the integrity, quantity of surface and subsurface materials likely to be encountered, and character of equipment and other facilities needed for the performance of the work, the general and location conditions and all other materials which may in any way affect performance of the work.

2.10. Warranties

A. The Contractor acknowledges and agrees to warrant all materials and workmanship under the Contract against any and all defects in materials and/or workmanship, including defects in materials due to workmanship, for a period of one (1) years (hereinafter referred to as “Standard Warranty”) from the date of the work acceptance letter. If a manufacturer’s warranty on materials exceeds one (1) year, the manufacturer’s warranty shall apply after the initial year. The Contractor shall reference Executed Task Orders for minimum warranty requirements.

B. Prior to substantial completion, the Contractor shall submit a list of all warranties provided for the City Project Manager to review and approve. As of Substantial Completion, the Contractor shall furnish the Project Manager with a written Standard Warranty and a list of any and all such manufacturer warranties.

2.11. Materials and Equipment Rental Mark-Up

A. The Contractor shall bill the City only for the actual price plus up to a maximum of 10% markup or as proposed in its quote sheet for the materials and equipment rentals actually used on the project. Parts ordered and not used on the project shall remain property of the Contractor and shall not be billed to the City. The Contractor upon completion of the job shall provide to the City an itemized list of all materials, parts, supplies and rentals on its company invoice. The City reserves the right to request copies of the supplier’s invoices to verify the price paid by Contractor.

B. The City reserves the right to provide parts and materials for a project if it is in the best interest of the City.

A scope of work will be provided by the City and the Contractor’s contract labor rates will apply. The decision to provide parts and materials by the City shall be made by the City Project Manager.

2.12. City’s Right to Finish Partial Work

The City reserves the right to complete particular projects through the use of City’s staff or obtain separate Contractor though its normal procurement process according to the best interest of the City.

On-Call Plumbing Services for City Facilities Page 5

2.13. Project Closeout

A. The Contractor shall immediately notify the issuer of the Executed Task Order in writing as soon as it completed all of the work under the Executed Task Order. Following such notification, the City shall inspect all work to ensure it is completed to its satisfaction and in accordance with the Contract documents. Once the City deems all work to be satisfactorily completed, it will issue the Contractor a Project Acceptance Letter and process final payment.

B. Project closeout documents:

i. Markup drawing, shop drawing, photos, logs to be provided by Contractor and approved by the

City.

ii. Warranty to be provided by the Contractor.

iii. O&M manuals.

iv. Product registrations.

v. Lien releases (when applicable) by Contractor, subs and supplier to be provided by Contractor.

vi. Attic stock as specified in the Executed Task Order.

2.14. Minimum Qualifications:

A. The Offeror shall have a minimum of five (5) years of experience of providing Services in commercial, governmental, or educational institutional agencies.

B. The Offeror must employ a State of Maryland licensed Master Plumber in good standing.

3. SOLICITATION SCHEDULE AND INFORMATION

3.1. SOLICITATION SCHEDULE

Below is the schedule of events for this Solicitation. The City reserves the right to modify the Solicitation Schedule at any time as best may serve the interests of the City; any and all modifications shall be made by addendum or amendment and posted on the Procurement Webpage. Unless otherwise specified, all references herein to times of day shall be Eastern Time (daylight or standard, as applicable).

EVENT DATE TIME

A. Solicitation Issued: September 16, 2026 N/A B. Pre-Submission Meeting: September 29, 2026 At 11:00AM C. Offeror Questions Due in Writing: October 6, 2026 by 5:00 PM D. Q&A Addendum Issued: October 16, 2026 by 5:00 PM E. Submission Deadline: October 22, 2026 by 5:00 PM

3.2. PRE-SUBMISSION MEETING

An optional Pre-Submission Meeting at the location shown below on the date and at the time specified in the Solicitation Schedule. Attendance of the Pre-Submission Meeting is not mandatory but is strongly encouraged.

Offerors are expected to bring a copy of all the Solicitation Documents to the Pre-Submission Meeting; the City will not provide copies.

Department of Public Works 800 Rabbitt Road Gaithersburg, Maryland 20878

3.3. SUBMISSION OF OFFEROR QUESTIONS

All questions regarding this Solicitation: (i) shall be submitted in writing by email to the Procurement Division, at procurement@gaithersburgmd.gov; and (ii) shall be received by the date and time specified in the Solicitation Schedule. The solicitation number and title must be included in the subject line of the email. Any and all questions received not in compliance with this paragraph will not be answered unless the City, at its sole discretion, deems that a response to a question is necessary to clarify anything in the Solicitation Documents. The City’s responses to questions received will be issued via Addendum to this solicitation on the date specified in the Solicitation Schedule.

mailto:procurement@gaithersburgmd.gov

On-Call Plumbing Services for City Facilities Page 6

4. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

4.1. PROPOSAL PREPARATION

In order to provide each Offeror with an equal opportunity for consideration, adherence to a standardized Proposal format is required; any Proposal submitted outside of the required format shall be cause for the Proposal to be rejected as non-responsive. All Proposals shall include material organized into sections as follows:

A. Technical Proposal

i. Executive Summary

This section of the Technical Proposal shall include an executive summary, which is prepared on official business stationary signed by an individual authorized to bind the Offeror to its Proposal, and shall include the contact information of an individual to whom the City should direct correspondence. This section shall summarize the organizational structure and size of their business and provide the business’ date of organization, current principal and place of business, additional locations and services offered.

ii. Table of Contents

A table of contents that references each of the sections listed below.

iii. Section 1: Demonstrated Understanding of the Requirements and Ability to Meet Discussion of the requirements as analyzed by the Offeror, addressing and confirming the Offeror understands and possesses the ability to meet the requirements of this solicitation, and a clearly outlined proposed scope of work, objectives and associated tasks directly correlated to this solicitation.

iv. Section 2: Management Plan A management plan that describes how the Offeror will manage and control all Executed Task Orders, and explains how management and the administrative processes will ensure that appropriate levels of attention are given so that work is performed properly and in accordance with the Contract and subsequent Executed Task Orders.

v. Section 3: Contractor’s Licenses Copies of Master Plumbing and State of Maryland Contractor Licenses for your firm and applicable employees.

vi. Section 4: Organizational and Staff Experience and Capabilities

a. Offerors must describe the firm’s and staff’s qualifications and experience in performing the work prescribed in this solicitation, and address the qualifications of staff assigned by the Offeror to the contract. The Offeror shall:

i. Include the names or the primary Contract Administrator, Master Plumber(s), Journeymen, Apprentices/Helpers, etc.;

ii. Describe the functional discipline and responsibilities for all such persons;

and

iii. Provide a complete resume or detailed description of each person’s education, professional experience, and length of time employed by the Offeror. The supervisor shall have a minimum of five (5) years of experience providing plumbing services. Upon request, the Contractor shall submit a resume to the City Project Manager for review and approval.

b. In addition, the Offeror shall clearly state if it intends to subcontract any of the proposed work and, if so, provide the names of all such subcontractors and their technical capabilities and experience. The Offeror shall assume full responsibility and liability for all work performed by a subcontractor. (Refer to form in Attachment A)

vii. Section 5: Safety and Quality Control Programs This section of the Technical Proposal relates to the Offeror’s safety and quality control

On-Call Plumbing Services for City Facilities Page 7 programs for the work specified in this Solicitation, and shall include and describe the following (not to exceed three pages):

a. Personal Protective Equipment (PPE) and site safety plan;

b. Quality control measures; and

c. Staff jobsite safety training.

viii. Section 6: References

a. This section of the Technical Proposal shall include the contract information for a minimum of five (5) customers that the Offeror wishes to provide who are able to attest to the Offeror’s experience in providing plumbing services.

b. References should be for projects completed by the Offeror within the last three (3) years that were similar in size and scope to the Services under this Solicitation. For each reference, the Offeror shall provide a company’s name and address, a company representative’s name, telephone number and e-mail address, and a description of the services provided, including scope and size. Refer to form in Attachment A; attach as many copies at needed).

B. Part B: Price Proposal This section of the Price Proposal shall include completed Proposal Price Sheets for Annual Backflow Testing, Backflow Replacement and Labor Rates and Markups. Blank copies of said price sheets are included in Attachment B.

Note: The City will not accept a proposal with a minimum charge stipulation.

i. The Proposal Price Sheet for Backflows and Proposal Sheet for Labor Rates and Markups shall both be signed by a person that is authorized to bind the Offeror to its Proposal. Offerors shall submit their fully burdened rates in the spaces provided in the Price Proposal Sheet for Labor Rates and Markups.

ii. Evaluation of Price Proposals will be based on the lowest provided price-sum that is reasonable and technically acceptable.

**Note: The City shall not pay for any travel related expenses (e.g., airfare, meals, mileage, lodging, per-diem, etc.), or miscellaneous non-labor costs (e.g., administrative services, data entry, fax transmissions, telephone calls, etc.).

C. Part C: Required Forms This Section of the Bid shall include the following completed forms, blank copies of which are include in Attachment A hereto:

i. Addendum and Amendment Acknowledgement

ii. Affidavit of Qualification to Bid/Propose

iii. Bid/Proposal Submission Certification

iv. References

v. List of Subcontractors

vi. Conflict of Interest Certification

vii. Litigation and Lein Information

viii. W-9

ix. Vendor Registration form

All documents and forms shall be completed in their entirety and, be signed by an authorized or duly authorized representative of the Offeror.

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4.2. PROPOSAL SUBMISSION

The Offeror shall submit its Proposal in accordance with and subject to the following instructions and conditions:

A. The Offeror shall submit its Proposal to the Procurement Division by email to 2027- 008@gaithersburgmd.gov. The Proposal shall be a portable file document (PDF) consisting of:

i. Technical proposal

ii. Cost Proposal (Attachment B)

iii. Attachment A (Required Forms)

B. Proposals not received by the Submission Deadline shall be deemed non-responsive.

C. The City shall assume no responsibility for delays or errors in the delivery of any Proposal.

D. The Offeror is strictly prohibited from submitting its Proposal by facsimile or by postal mail. The Offeror may not submit its Proposal to any email address other than the one provided at Section 4.2.A above. Offeror shall NOT submit any downloadable file link(s) to Proposal. Any and all Proposals submitted not in compliance with this Section shall be rejected as non-responsive and be removed from consideration.

E. Offeror will receive a confirmation of receipt email with date and time stamp after proper submission of proposal. If no email is received, please contact Procurement immediately at Procurement@gaithersburgmd.gov. Do not submit proposals to this email address.

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5. Evaluation Criteria and Selection Process

5.1. AWARD

Award of the Contract, if any, shall be to the Offeror whose Proposal is deemed by the City to provide the best value, price and technical factors considered.

5.2. SELECTION COMMITTEE

The City shall assign a committee comprised of personnel it considers to be stakeholders in the project to:

review, evaluate and score all Proposals; conduct interviews, if required; and select and recommend the most qualified Offeror for the Contract award (“Selection Committee”).

5.3. EVALUATION CRITERIA

The Selection Committee will evaluate each Proposal on the following criteria:

a. Demonstrated understanding of the requirement – 20 pts.

b. Scope of work – 25 pts

c. Qualifications, Experience and Capabilities – 25 pts

d. Pricing – 30 pts.

5.4. SELECTION PROCESS

Below is the anticipated selection process for this Solicitation; however, the City reserves the right, in its sole discretion, to modify this process as best may serve the interests of the City.

A. Review for Responsiveness Procurement shall perform an initial review of each Proposal to determine its responsiveness to the requirements set forth in this Solicitation. Following the initial review, the Committee Chair shall distribute all responsive Proposals to the Selection Committee to be evaluated and scored. Proposals determined to be nonresponsive shall not be distributed to the Selection Committee, subject to approval by the Project Manager and Procurement Manager.

B. Evaluation and Scoring The Selection Committee shall evaluate and score each responsive Proposal to determine the responsibility of the respective Offeror to perform the Services and to establish a list of the highest ranking Offerors or identify the best value Proposal.

C. Interviews Following the evaluation and scoring of all responsive Proposals, the Selection Committee may require an interview with the highest ranking Offerors, each of whom may be required to make a presentation. Following interviews, if any, the Selection Committee will score each Offeror interviewed on their interview and make a recommendation of tentative award to the City Manager or Designee. Formal award may be contingent on the approval by the City’s Mayor and City Council.

The City reserves the right to require any Offeror to make a presentation in order to substantiate the qualifications and/or abilities of the Offeror to perform under the Contract.

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6. NOTICE TO OFFERORS

6.1. DISCLAIMER

This is a Solicitation only, it is not a contract. The City shall assume no obligation to pay or reimburse any Person for any costs, fees or expenses incurred in preparation of a response to this Solicitation, or for any meetings and/or travel costs related to such response. All Proposals submitted to and accepted by the City shall become the exclusive property of the City and shall not be returned. The City reserves the right to reject any or all Proposals in full or in part and/or to waive any technicalities and/or informalities as best may serve the interests of the City.

The City is under no obligation to any Offeror until a contract is executed for the Services described herein.

6.2. ACCEPTANCE

The submission of a Proposal shall constitute acknowledgement and acceptance by the Offeror of the requirements, specifications and terms and conditions specified herein.

6.3. AUTHORITY TO DISTRIBUTE SOLICITATION DOCUMENTS

The City is the sole entity with the authority to issue and/or distribute any Solicitation Documents and/or information related thereto. Any and all Solicitation Documents obtained from any source other than the City may be incomplete or incorrect. The City assumes no responsibility for any error, omission or misinterpretation resulting from the reliance or use of any Solicitation Documents not both issued and distributed by the City. Any and all Solicitation Documents shall be posted on the Procurement Webpage.

6.4. RESTRICTED DISCUSSIONS

Offerors are prohibited from discussing this Solicitation or any part thereof with any employee, agent, or representative of the City except as expressly authorized herein. The City may, in its sole discretion, reject the Proposal submitted by any Offeror who is in violation of this provision. Any and all verbal statements and/or answers to questions relative to this Solicitation shall not be considered binding, valid or enforceable.

6.5. STATE OF MARYLAND BID AND CONTRACT REQUIREMENTS

A. Offerors must be qualified to bid in the State of Maryland in accordance with §16-202 and §16-203 of the State

Finance and Procurement Article of the Annotated Code of Maryland.

B. To enter into any contract with the City, Offerors must be in compliance with the State of Maryland Code of Regulations Title 21, State Procurement Regulations.

6.6. ADA REQUIREMENTS

Individuals with a disability, who would like to receive the information in this Solicitation in another form, may contact the City’s Procurement Division by phone at 301-258-6320 or by email to procurement@gaithersburgmd.gov.

mailto:procurement@gaithersburgmd.gov

On-Call Plumbing Services for City Facilities Page 11

7. SOLICITATION AND CONTRACT TERMS AND CONDITIONS

The following terms and conditions shall apply to and survive this Solicitation and be incorporated into the Contract:

7.1. HEADINGS

Any and all of the headings contained in any of the Solicitation Documents are for reference purposes only and shall not in any way affect the meaning or interpretation of any of the same.

7.2. ACCEPTANCE AND REJECTION OF PROPOSALS

The City reserves the right: (i) to accept or reject any or all Proposals in whole or in part; (ii) to waive any technicalities or informalities in Proposals; and (iii) to cancel or postpone this Solicitation at any time if determined to serve the best interests of the City. The City may reject the Proposal of any Offeror in arrears or in default to the City on any contract, debt, or other obligation.

7.3. ACCURATE INFORMATION

The Offeror certifies that all information provided or to be provided to the City is true and correct and may be relied upon by the City in awarding the Contract. Any false and/or misleading information is cause for the City to reject the Offeror’s Proposal or to terminate the Contract if awarded to the Offeror. Such rejection or termination shall relieve the City of any direct or consequential damages or costs incurred by the Offeror.

7.4. ADDENDA AND AMENDMENTS

In the event any addenda or amendments are issued to this Solicitation, all the terms and conditions of this Solicitation shall govern and apply unless specifically stated or modified in any such addenda or amendments.

Any and all written communication not posted on the Procurement Webpage relative to this Solicitation shall not be considered binding, valid or enforceable. It is the responsibility of the Offeror to inquire about and obtain any and all addenda and/or amendments issued, all of which shall be published on the Procurement Webpage.

7.5. ALTERNATE PROPOSALS

The Offeror is expected to clearly respond to the requirements set forth in this Solicitation. Any and all alternate Proposals for the Services shall be rejected as non-responsive and shall be removed from consideration.

7.6. BINDING PROPOSAL

All Proposals shall remain binding for 180 calendar days following the Submission Deadline; Proposals may not be withdrawn at any time within this period. In the event an award is not made during such period, all Proposals shall be automatically extended and remain binding for an additional 180 calendar day period. Proposals shall automatically be renewed until such time as either an award is made or proper notice is given to the City by an Offeror of its intent to withdraw its Proposal. Proposals may only be withdrawn by written notice to the City at least fifteen (15) calendar days prior to the expiration of the then current 180 calendar day period.

7.7. CONFIDENTIALITY

A. The City agrees, to the extent permitted by law and in accordance with the terms set forth in this Solicitation, to hold all confidential information and material belonging to the Offeror in strictest confidence. The Offeror shall specify in writing to the City the information and/or material the Offeror deems to be a trade secret or other confidential information and/or material. Written notification shall also contain the reason such information and/or material is considered to be a trade secret and/or confidential.

B. The Offeror agrees that all knowledge and information it may receive from the City or from its officials, employees or other sources, or by virtue of the performance of Services under and pursuant to the Contract, if awarded the Contract, which are included or referenced in Title 4 of the General Provisions Article of the Annotated Code of Maryland, shall not be directly or indirectly disclosed to any person whatsoever unless authorized to do so by the City Manager. This confidentiality provision shall also apply to any information, activity, or record designated by the City as being “confidential” or “privileged”.

7.8. CONTRACT AWARD

A. It is the intent of the City to award the Contract to one (1) Offeror. The City reserves the right to award the

Contract to multiple Offerors and/or to award the Contract in whole or in part. Award shall be to the Responsible Offeror that submits the Lowest Responsive Proposal. If for any reason, through no fault of the City, the Contract is not executed within thirty (30) days of formal award, the City may withdraw the award and award to the Responsible Offeror that submitted the next Lowest Responsive Proposal, or solicit new Proposals.

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B. In the event the City receives only one (1) Proposal in response to this Solicitation, the City reserves the right, in its sole discretion, to proceed as a negotiated procurement with the Offeror that submitted the Proposal.

7.9. ERRORS IN PROPOSALS

Obvious error(s) in calculations in any Proposal may not be corrected without the prior written consent of the City and may be cause for the Proposal to be deemed non-responsive. If an error is made in an extended price, the unit price will govern.

7.10. INTEREST IN MORE THAN ONE PROPOSAL AND COLLUSION

Multiple Proposals submitted in response to this Solicitation by any Offeror under the same or different names shall be rejected as non-responsive. Reasonable grounds for believing that any Offeror has interest in more than one (1) Proposal for this Solicitation, both as the Offeror and as a subcontractor for another Offeror, shall result in the rejection of all Proposals in which the Offeror has interest and disqualify the Offeror from responding to any reissuance of this Solicitation. However, a Person acting only as a subcontractor may be included as a subcontractor for multiple Offerors. The City may reject all Proposals if reasonable cause exists for believing that collusion exists among Offerors.

7.11. LATE PROPOSALS

It is the responsibility of the Offeror to ensure the delivery of its Proposal by the Submission Deadline and to the location specified in Section 4.2 of this Solicitation. Any and all Proposals delivered or submitted late or to any location other than the designated location shall be rejected as non-responsive. The submission of any Proposal by way of facsimile or postal mail is strictly prohibited; any and all Proposals submitted as such shall be rejected as non-responsive. The City assumes no responsibility for any delays and/or errors in the delivery of a Proposal;

postmarking by the Submission Deadline shall not substitute for actual receipt. Any and all Proposals submitted not in compliance with any of the provisions of this paragraph shall be rejected as non-responsive.

7.12. MODIFICATIONS TO PROPOSALS

The Offeror may only modify its Proposal prior to the Submission Deadline and in accordance with and subject to the following:

A. The City shall consider a modified Proposal as an entirely new Proposal and shall replace the original Proposal, which shall be deemed to be withdrawn and null and void.

B. The modified Proposal shall be subject to all the requirements, specifications and terms and conditions set forth herein.

C. Notwithstanding the provisions with respect to the submission of a Proposal herein, the modified Proposal shall clearly be labeled “Modified Proposal”.

7.13. RETURN OF BID BONDS

In the event a bid bond is required under this Solicitation, all such bonds shall be retained by the City until the Contract is executed or until such time that a Offeror requests its Proposal to be withdrawn in accordance with Section 5.6 (Binding Proposal) of this Solicitation. The City shall immediately return the bid bond of any Offeror whose Proposal is deemed by the City to be non-responsive, or shall immediately return all bid bonds in the event the Solicitation process is canceled by the City.

7.14. OPTIONAL GOODS AND/OR SERVICES

The City reserves the right to request and evaluate optional goods and/or services which may be in the best interests of the City, and to negotiate the price of such goods and/or services with the successful Offeror or with another Offeror, whichever is determined to be the most advantageous to the City. While pricing for optional goods and/or services may be requested in this Solicitation, the City is under no obligation to consider such optional goods and/or services when selecting the successful Offeror unless otherwise stated.

7.15. SOLICITATION DOCUMENTS

The Offeror is expected to carefully and thoroughly examine all of the Solicitation Documents for accuracy and completeness, and to become familiar with the same. If doubt exists as to the meaning and/or intent in or of any of the Solicitation Documents, the Offeror shall make an inquiry as to such meaning and/or intent. The failure of the Offeror to examine and become familiar with any and all of the Solicitation Documents shall in no way relieve the Offeror of its obligations under the Contract, if awarded to the Offeror. The submission of a Proposal shall be taken as prima facie evidence of compliance with this provision and that the Offeror fully understands everything in the Solicitation Documents.

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7.16. SOLICITATION PROTEST

Any protest of this Solicitation shall be in writing to the City Attorney. The provisions of COMAR Title 21.01.03.01A(7), State Procurement Regulations, do not apply to municipalities and are not applicable to this Solicitation. Protests of alleged improprieties in this Solicitation shall be filed prior to the Submission Deadline.

Any written protest shall, at a minimum, include: (i) the name, address, telephone number, and if available, email address of the Person making the protest; (ii) the Solicitation number and a detailed statement of the legal and factual grounds for the protest, including a description of resulting harm to the Person making the protest; and

(iii) any and all copies of supporting exhibits, evidence and/or documents to substantiate the claim.

7.17. USE OF BROKER

The Offeror warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees, or bona fide established commercial or selling agencies maintained by the Offeror for the purpose of securing business. For violation of this provision, the City shall have the right, in its sole discretion: (i) to terminate or suspend the Contract without liability to the City, its officials or employees; or (ii) to deduct from the Contract price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee.

7.18. ASSIGNMENT OF THE CONTRACT

The City’s rights under the Contract are personal to the Contractor. It is mutually understood and agreed that the Contractor shall not assign, convey, sublet, transfer or otherwise dispose of its Contract or its right, title or interest therein, or its power to execute the Contract, to any other person without the express written consent of the City;

however, in no case shall such consent relieve the Contractor from its obligations under the Contract, or change the terms and conditions of the Contract.

7.19. CHANGES IN GOODS AND/OR SERVICES

The City, without invalidating the Contract, may order changes in the goods and/or Services within the general scope of the Contract, consisting of additions, deletions and/or other revisions, and the Contract sum and term shall be adjusted accordingly. Any cost or credit to the City from a change in Services shall be determined by mutual written agreement between the City and the Contractor. The Contractor shall provide all of the goods and services that may be required to complete the Contract at the price agreed upon. Any alterations of variables to the terms of the Contract shall not be valid or binding upon the City unless made in writing and signed by the City and the Contractor.

7.20. CONTRACT DISPUTES

Any and all disputes arising under the Contract, except under the provisions for termination, which are not disposed of by agreement between the City and the Contractor, shall be decided under procedures A-D listed below. Pending final resolution of a dispute, the Contractor shall proceed diligently with Contract performance.

A claim must be in writing for a sum certain and any money requested must be fully supported by all cost and pricing information.

A. All disputes, claims, questions of fact or interpretations of the documents of the Contract not disposed of by agreement or express provision of the Contract arising between the City and the Contractor after performance of the Contract has commenced but before final payment and termination of the Contract, are decided by the City Manager.

B. The City Manager must give the Contractor not less than three (3) working days to submit documentation and written reasons supporting the Contractor's position in the dispute. The City Manager may consider any other information or written submissions from City employees or agents and may conduct an informal, non-record hearing for receipt of testimony, evidence and/or argument. The City Attorney may participate in the hearings to protect the City's interest.

C. The City Manager must render a decision, in writing, stating reasons for such decision and provide copies to the Contractor and the City Attorney. If the decision is mailed to the Contractor, it must be mailed "certified" and dated the date of mailing; otherwise, it must be dated the date of delivery to the Contractor.

D. The City Manager’s decision may be submitted to Binding Arbitration by either Party under the auspices of an arbitrator appointed by the American Arbitration Association.

7.21. DISSEMINATION OF DATA

The Contractor shall not release any information related to the Services under the Contract or publish any reports or documents related to the same without the prior written approval of the City. The Contractor shall include a similar provision in all subcontracts.

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7.22. EMPLOYMENT AS INDEPENDENT CONTRACTOR

The City and the Contractor recognize and agree: (i) that the Contractor shall act as an independent Contractor to the City; (ii) that the Contract does not create any actual or apparent agency, partnership, franchise, or relationship of employer and employee between the parties; (iii) that neither party shall be entitled to participate in any of the other party’s benefits, including without limitation, any health or retirement plans; (iv) that the Contractor shall not be entitled to any remuneration, benefits, or expenses other than as specifically provided for in the Contract; and (v) that the City shall not be liable for any insurance, taxes, or withholding for or on behalf of the Contractor; all such insurance, taxes or withholding, and costs for same, shall be the sole responsibility of the Contractor.

7.23. ETHICS LAWS AND REQUIREMENTS

The Contractor shall comply with the financial disclosure and conflict of interest and lobbying provisions of the City’s ethics laws, which may be found on the City’s website.

7.24. FORCE MAJEURE

The City and the Contractor acknowledge and agree that either party hereto will be relieved of its obligations hereunder in the event and to the extent that the performance of its obligations under the Contract is delayed or prevented by any cause beyond its control, including, without limitation, acts of God, public enemies, war, insurrection, acts or orders of governmental authorities, fire, flood, explosion, or riots (“Force Majeure”). Failure to receive necessary materials and supplies will not excuse performance hereunder unless such failure is itself due to an event of Force Majeure. A party obtaining relief under this provision shall make every reasonable effort to minimize the effects thereof and will promptly resume performance as soon as possible.

7.25. GOVERNING LAW

The Contract shall be construed in accordance with the laws and regulations of the United States State of Maryland, and the City. For purposes of litigation involving the Contract, exclusive venue and jurisdiction shall be in the Circuit Court of Maryland for Montgomery County, District Court of Maryland for Montgomery County or the United States District Court of Maryland.

7.26. IMMIGRATION REFORM AND CONTROL ACT

The Contractor shall warrant that it does not and shall not hire, recruit or refer for a fee for employment under the Contract, an alien, knowing the alien is an unauthorized alien, and hire any individual without complying with the requirements of the Immigration Reform and Control Act of 1986 (“Act”), including but not limited to any verification and record keeping requirements. The Contractor shall further assure the City that, in accordance with the Act, it does not and will not discriminate against an individual with respect to hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment because of such individual's national origin or in the case of a citizen or intending citizen, because of such individual's citizenship status.

7.27. INCONSISTENT PROVISIONS

Notwithstanding any provisions to the contrary in the terms and conditions of any contract supplied by the Contractor, the conditions of this Solicitation and the Contract supersede those terms and conditions in the event of inconsistency. In the event of any inconsistency between any of the provisions of this Solicitation and any of the provisions of the Contract, the provisions of the Contract shall take precedence over and supersede those provisions in the event of any inconsistency.

7.28. INDEMNIFICATION

A. The Contractor shall agree to indemnify, hold harmless and defend the City from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs…