845151doorFred.pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/frederickcountymd

FREDERICK COUNTY, MARYLAND

OFFICE OF

PROCUREMENT & CONTRACTING

Winchester Hall, Second Floor

12 East Church Street

Frederick, Maryland 21701

REQUEST FOR PROPOSALS (RFP) #27-111

Door and Window Parts and Installation

Proposal Due Date:

Tuesday, October 20, 2026, 1:00 pm

Buyer: Samantha Barger

Phone: (301) 673-0756

Email: sbarger@frederickcountymd.gov

Request For Proposal #27-111 Title: Door and Window Parts and Installation

Table Of Contents

1. EVENT SUMMARY

2. DEFINITIONS

3. VIRTUAL PRE-PROPOSAL CONFERENCE

4. INQUIRIES AND ADDENDA

5. ESTIMATED CONTRACT VALUE

6. GENERAL CONDITIONS

7. SPECIAL CONDITIONS

8. SPECIFICATIONS

9. EVALUATION OF OFFERS

10. EVALUATION PHASES

11. SUBMISSION REQUIREMENTS

12. INSURANCE REQUIREMENTS

13. PRICING PROPOSAL

14. VENDOR QUESTIONNAIRE

15. ATTACHMENTS & EXHIBITS

Attachments:

A - SAMPLE_-_Agreement

IMPORTANT: ADVISE THE PROCUREMENT AND CONTRACTING OFFICE IMMEDIATELY IF ANY OF THE ABOVE

DOCUMENTS ARE NOT ENCLOSED

1. EVENT SUMMARY

RFP Number: 27-111

RFP Name: Door and Window Parts and Installation

Issue Date: Wednesday, September 16, 2026

Buyer: Samantha Barger, Procurement Analyst sbarger@frederickcountymd.gov

(301) 673-0756

Pre-Proposal Date, Time and Location:

Wednesday, September 30, 2026, 9:00 am

Microsoft Team

Attendance: Virtual, Non-Mandatory

Questions Due: Friday, October 9, 2026, 4:00 pm via the OpenGov Procurement Portal

RFP Due: Tuesday, October 20, 2026, 1:00 pm

Proposal Submission: https://procurement.opengov.com/portal/frederickcountymd/projects/295640

Note: Only electronic submissions will be accepted. PLEASE NOTE THAT

REGISTRATION WILL TAKE TWO (2) BUSINESS DAYS.

Agreement Term: one

Tentative

Presentation/Interview

Dates:

November 4, 2026

Bid Deposit: No, Bid Deposit Amount is not applicable.

Performance Bond: No, Performance Bond Amount is not applicable

Payment Bond: No, Payment Bond Amount is not applicable

* Be advised: If County administrative offices have been officially closed for any reason, the Pre-Proposal

Conference will be rescheduled via Addenda posted on the website the morning after the closing event.

** Be advised: In the event that County administrative offices are closed or delayed on the date that submissions are due, the solicitation will be opened the next business day at the same time indicated in the

Event Summary section at the front of this document.

https://procurement.opengov.com/portal/frederickcountymd/projects/295640

2. DEFINITIONS

A. Addenda – Formal alteration of a solicitation or Agreement in writing (When applicable, Addenda are available on the Procurement & Contracting website.)

B. Agreement – The Request for Proposal Documents and any addenda, the Contractor’s response to this solicitation, and subsequent Purchase Orders

C. Alternate Proposals – A second proposal for a single item that intentionally offers a substitute product or service that varies from the stated specifications

D. Buyer – The County’s Procurement & Contracting representative or Designee for the solicitation process and/or any Agreement that may result from award of this solicitation

E. Contractor – Any Offeror; most often the successful Offeror

F. County – Frederick County, Maryland

G. CRB – Contractor Responsibility Board

H. Designee – Specifically appointed alternate signatory or decision maker

I. Interested Party – An actual or prospective Offeror or Contractor that may be interested in the award of a contract

J. Issuing Office – Frederick County, Maryland Office of Procurement & Contracting, 12 East Church

Street, Frederick, Maryland 21701

K. MPIA – Maryland Public Information Act request for information

L. Offeror – Any entity that submits a response to this solicitation

M. P&C – Frederick County, Maryland Office of Procurement & Contracting

N. Proposal – All information submitted by the Contractor in response to this solicitation

O. Purchase Order – The document by which the Contractor receives formal notification to perform work or deliver goods

P. Request for Proposals (RFP) – All documents identified in the Table of Contents, including any addenda

Q. Solicitation – The Request for Proposal

R. Task Order – Task Order issue with a defined scope of services

S. User Agency – County division, department, or office for which goods and/or services are being purchased

3. VIRTUAL PRE-PROPOSAL CONFERENCE

A. If County administrative offices have been officially closed or delayed for any reason, the Pre-Proposal

Conference will be rescheduled via Addenda posted on the website the morning after the closing event.

B. A Pre-Proposal Conference Call will be held to discuss objectives and answer questions relating to this solicitation. Contractor’s attendance is not required but is strongly encouraged. Additionally, attendance may facilitate the Contractor’s understanding of the requirements.

C. It is recommended that Contractors read the solicitation prior to the conference.

D. If there is a need for language interpretation and/or other special accommodations, please advise the

Buyer via email so that reasonable efforts may be made to provide special accommodations.

E. MICROSOFT TEAMS™ MEETING: The Pre-Proposal will be an online and virtual Microsoft Teams™ meeting. However, in the event that a participant has difficulty joining virtually, a phone number for calling into the meeting is available.

Meeting

Link:________________________________________________________________________________

Microsoft Teams meetingJoin:

https://teams.microsoft.com/meet/295959785679416?p=310OF0xwlEu09WLrXkMeeting ID: 295 959

785 679 416Passcode: ac6Tz7KsNeed help? | System referenceDial in by phone+1 667-217-

6643,,949885235# United States, BaltimoreFind a local numberPhone conference ID: 949 885 235#For organizers: Meeting options | Reset dial-in

PIN________________________________________________________________________________

4. INQUIRIES AND ADDENDA

A. The P&C Buyer from the Issuing Office is the sole point of contact for this solicitation. Questions concerning this solicitation must be addressed in writing and submitted to the OpenGov Procurement

Portal by Friday, October 9, 2026 at 4:00 pm.

B. Addenda to solicitations often occur prior to the proposal opening, sometimes within a few hours of the opening. It is the potential Contractor’s responsibility to visit the P&C OpenGov Procurement

Portal at https://procurement.opengov.com/portal/frederickcountymd/projects/295640 to obtain

Addenda.

5. ESTIMATED CONTRACT VALUE

The estimated contract value group for this contract is estimated to be between $200,000 and $250,000.

6. GENERAL CONDITIONS

https://teams.microsoft.com/meet/295959785679416?p=310OF0xwlEu09WLrXk https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODcyNjEwMzYtNDRhYS00ZDRhLTljNjAtYzg1N2UyOTM2ZWQ4%40thread.v2/0?context=%7b%22Tid%22%3a%2248c6342d-3806-4843-9dec-6a40b1bb8737%22%2c%22Oid%22%3a%226b600d79-c5fe-4b1a-be9c-3a43dc6bea69%22%7d tel:+16672176643,,949885235 tel:+16672176643,,949885235 https://dialin.teams.cloud.microsoft/940cb76d-a7ff-4e93-8818-992662da6fdb?id=949885235 https://teams.microsoft.com/meetingOptions/?organizerId=6b600d79-c5fe-4b1a-be9c-3a43dc6bea69&tenantId=48c6342d-3806-4843-9dec-6a40b1bb8737&threadId=19_meeting_ODcyNjEwMzYtNDRhYS00ZDRhLTljNjAtYzg1N2UyOTM2ZWQ4@thread.v2&messageId=0&language=en-US https://dialin.teams.cloud.microsoft/usp/pstnconferencing https://dialin.teams.cloud.microsoft/usp/pstnconferencing

6.1. RESERVATIONS

A. The Director of P&C reserves the right to reject any or all proposals or parts of proposals when, in P&C's reasoned judgment, the public interest will be served thereby.

B. The Director of P&C may waive formalities or technicalities in proposals as the interest of the County may require.

C. The Director of P&C reserves the right to increase or decrease the quantities to be purchased at the prices offered. The quantity intended to be purchased and the period and percentage amount of any such reservation will be stated in the solicitation.

D. The Director of P&C reserves the right to award contracts or place orders on a lump sum or individual item basis, or such combination as shall, in P&C's judgment, be in the best interest of the County.

E. The Director of P&C may waive minor differences in specifications provided these differences do not violate the specification intent nor materially affect the operation for which the item or items are being purchased, nor increase the estimated cost of maintenance and repair to the County.

F. The Director of P&C may reject any proposal which shows any omission, irregularity, alteration of forms, additions not called for, conditional or unconditional unresponsiveness, or proposals obviously unbalanced.

G. Responsibility and responsiveness of any Contractor’s proposal will be determined at the sole discretion of the Director of P&C.

6.2. COMPETITION

A. A Contractor may offer only one price on each item though it may have two or more types that meet specifications. Contractors must determine for themselves which to offer. Submission by a single

Contractor of more than one price for a single item shall be sufficient cause for rejection of all prices for that item submitted by the Contractor.

B. All proposals must be accompanied by descriptive literature as may be called for by the specifications or proposal. Specifications provided are based on County needs and uses, estimated costs of operation and maintenance, and other significant and/or limiting factors to meet County requirements and shall be consistent with County policies. Minimum specifications, and maximum specifications, where included, are not established arbitrarily to limit competition or to exclude otherwise competitive

Contractors.

6.3. PERIOD OF VALIDITY

Unless otherwise specified, all formal proposals submitted shall be irrevocable for 120 days following the proposal opening date, unless the Contractor agrees to an extension. Proposals may not be withdrawn during this period. The County may request an extension of the Period of Validity via email to the Contractor’s representative.

6.4. GOVERNING LAW

A. This contract shall be governed by and construed in accordance with the laws of the State of Maryland without regard to any choice of law principles that would dictate the laws of any other jurisdiction. The parties agree that the exclusive venue for any and all actions related hereto shall be the appropriate

Federal or State court located within the State of Maryland.

B. The laws of the State of Maryland and Frederick County shall govern the resolution of any issue arising in connection with the contract, including, but not limited to, all questions on the validity of the contract, the capacity of the parties to enter therein, any modification or amendment thereto, and the rights and obligations of the parties hereunder.

6.5. DISPUTE PROCEDURES

A. Upon notification of award, non-awarded Contractors may protest the process or award by utilizing the protest procedures available on the P&C website: www.frederickcountymd.gov/procurement

B. After award and during contract performance, the awarded Contractor may dispute proceedings or performance by:

1. Notifying Using Agency in writing on Contractor letterhead of the disputed issues and requesting a meeting to discuss and come to resolution with the Using Agency Division Director.

2. If no resolution is reached, the awarded Contractor may notify P&C in writing on Contractor letterhead of the failure to reach resolution with the Using Agency and request to meet with the

Director of P&C to discuss and come to resolution.

3. If no resolution is reached, the Director of P&C may refer the matter(s) to the Contractor’s

Responsibility Board (CRB) for a hearing to reach resolution in accordance with the CRB policy on the P&C website: www.frederickcountymd.gov/procurement. The CRB’s written decision is the final resolution.

C. At any time during the performance of the contract, the awarded Contractor may contact the Director of P&C to request to be heard by the CRB to present information, lodge a complaint, etc.

6.6. NON-WAIVER

Any waiver of any breach of covenants herein contained to be kept and performed by the Contractor shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the

County from declaring a forfeiture for any succeeding breach either of the same condition of covenant or otherwise.

http://www.frederickcountymd.gov/procurement http://www.frederickcountymd.gov/procurement

6.7. COMPLIANCE WITH LAWS

A. If awarded a contract, the Contractor hereby represents and warrants that it:

1. Is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

2. Is not in arrears with respect to the payment of any monies due and owing the County, or any department or agency thereof, including, but not limited to, the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract;

3. Shall comply with all federal, state, and local laws, ordinances, and legally enforceable rules and regulations applicable to its activities and obligations under the contract;

4. Shall eschew any and all forms of employment discrimination and promote equal opportunity in hiring practices as well as the selection of subcontractors for use in any of its projects;

5. Shall procure, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under the contract; and

6. Agrees that the facts and matters set forth hereafter in the contract and made a part hereof are true and correct.

7. Meets the qualifications required and years of experience stated.

B. In addition to any other remedy available to the County, breach of any of the paragraphs of this clause shall, at the election of the County, be grounds for termination. Failure of the County to terminate the contract shall not be considered or construed as a waiver of such breach nor as a waiver of any rights or remedies granted or available to the County.

6.8. HOLD HARMLESS/INDEMNIFICATION

A. The Contractor shall indemnify and hold the County harmless from and against all liability and expenses, including reasonable attorney's fees, howsoever arising or incurred, alleging damage to property or injury to, or death of, any person arising out of or attributable to the Contractor's performance of the contract awarded, provided that the Contractor shall not be responsible for acts of negligence or willful misconduct committed by the County, its employees, agents and officials.

B. Any property or work to be provided by the Contractor under this contract will remain at the Contractor's risk until written acceptance by the County; and the Contractor will replace, at Contractor's expense, all property or work damaged or destroyed by any cause whatsoever.

6.9. TERMINATION

A. Termination Prior to Expiration of Term: The County reserves the right to terminate the resulting

Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. The Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract

Officer. In the event of termination without cause pursuant to this provision, the County need not provide the Contractor with the opportunity to cure.

B. Termination for Default: If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, County may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the

County shall use reasonable efforts to mitigate such damages), and County may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the County as previously stated.

C. Termination for Non-appropriation: If the County or other funding source fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period or part thereof of the resulting Agreement, the Agreement shall be cancelled automatically as of the beginning of the fiscal year or part thereof for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the County's rights or the Contractor's rights under any termination clause in this Agreement. The effect of termination of the Agreement hereunder will be to discharge both the Contractor and the County from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the

Agreement. The County shall make a good faith effort to notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Agreement for each succeeding fiscal period or part thereof beyond the first fiscal year.

6.10. MARYLAND REGISTRATION

Contractors must be registered to do business in, and must be in good standing with, the State of

Maryland. Contractors not registered must obtain registration information from the Maryland

Department of Assessments and Taxation website at: http://dat.maryland.gov or by calling 410-767-1184 or Toll Free 888-246-5941.

6.11. AVAILABILITY OF FUNDS

The contractual obligation of the County under this contract is contingent upon the availability of appropriated funds from which payment for this contract can be made.

http://dat.maryland.gov/

6.12. INTEGRATION AND MODIFICATION

These proposal documents, Contractor's response to this solicitation, and subsequent purchase order(s) to the successful Contractor contain the entire understanding between the parties and any additions or modifications hereto may only be made in writing executed by both parties.

6.13. NON-ASSIGNMENT OF CONTRACT

Neither the County nor the Contractor shall assign, sublet, or transfer its interest or obligations under the resulting contract to any third party, without the written consent of the other. Nothing here shall be construed to create any personal or individual liability upon any employee, officer, or elected official of the County, nor shall the resulting contract be construed to create any rights hereunder in any person or entity other than the parties to this contract.

6.14. RESPONSIBILITY

The Contractor has the burden of demonstrating affirmatively its responsibility in connection with this solicitation, in background, history of projects, years of experience as a contracting firm, project team(s), ability, etc. A Contractor under debarment, or with documented poor performance, or with questionable reputation, or without the required years of operation, or lacking integrity or key personnel, as solely determined by the Director of P&C, may automatically be considered non-responsible in connection with this solicitation. At the sole discretion of the County, a Contractor that has previously failed to perform properly, has failed to timely complete contracts of a similar nature, has failed to complete contracts of a similar nature within budget or with an unreasonable quantity of change orders, or one that investigation reveals is unable to perform the requirements of the contract may be excluded from consideration for award. P&C may request that a Contractor provide documentation necessary for the determination of responsibility. Failure of a Contractor to provide the required documentation may exclude it from further consideration. Final determination of responsibility is determined at the sole discretion of the Director of

P&C.

6.15. AFFIDAVIT

The attached affidavit is provided to facilitate compliance with the applicable law and is to be completed and returned with response.

6.16. PUBLIC INFORMATION/PROPRIETARY/CONFIDENTIAL INFORMATION

A. The County operates under the public information law, which permits access to most records and documents under the Maryland Public Information Act (MPIA).

B. 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. Material designated as confidential must be readily separable from the remainder of the proposal to facilitate public inspection of the non-confidential portion of the proposal. 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 MPIA, General Provisions

Article, Sections 4-101 through 4-601 of the Annotated Code of Maryland.

6.17. COOPERATIVE PURCHASE

A. The Contractor may extend all of the terms, conditions, specifications, and unit or other prices of any award resulting from this proposal to any and all other public bodies, subdivisions, school districts, community colleges, colleges, and universities including non-public schools at its own discretion.

B. The County assumes no authority, liability or obligation, on behalf of any other public or non-public entity that may use any contract resulting from this proposal.

6.18. EXCEPTIONS

If the Contractor cannot/ will not meet the terms, conditions, and/or specifications of the solicitation, the

Contractor shall furnish a statement on company letterhead providing a complete description of any exceptions to the terms, conditions, and specifications. Failure to furnish exceptions on company letterhead shall be interpreted to mean the Contractor agrees to all terms, conditions, and specifications. Exceptions taken do not obligate the County to change the terms, conditions, and/or specifications. Exceptions to the terms and/or conditions and/or to the County’s standard Agreement may be sufficient cause for rejection of the proposal. Descriptive literature may be used to clarify or be a reference to an exception; however, exceptions shall not be considered by enclosing descriptive literature in itself. The decision of the Director of P&C in accepting or rejecting an exception shall be final. If it is determined that an exception is not acceptable, the proposal may be considered non-responsive at the sole discretion of the Director of P&C.

6.19. SITE CONDITIONS

The submission of a proposal shall be considered representation that the Contractor has carefully investigated all conditions which affect or may, at some future date, affect the performance of the work or services covered by the solicitation, the entire area to be serviced as described in the solicitation, and that the Contractor is fully informed concerning the conditions to be encountered, character, quality and quantity of work to be performed, and equipment and materials to be furnished. The Contractor shall also be familiar with all Federal, State, and County laws, all codes and ordinances of the County which in any way affect the performance of the work, or persons engaged or employed in the work, or the materials and equipment used in the work.

6.20. FAIR LABOR STANDARDS ACT

All goods shipped against this order must be produced in compliance with the requirements of the Fair

Labor Standards Act of 1938, as amended including Section 6, 7, and 12, and regulations and orders issued under Section 14 thereof.

6.21. CASH DISCOUNT

Cash discounts will be taken into consideration in determining the award. However, an offer of a cash discount must allow a reasonable period of not less than 30 days in order to be included in evaluation of the proposal pricing. A proposal offering a cash discount in a period of less than 30 days will be evaluated as a proposal without a cash discount offer. If the Contractor obtains an award by reason of their gross price, the County will hold the offer of a cash discount and make every effort to obtain such discount.

6.22. UNIT PRICES

Unless clearly shown on the proposal that it is the intent that a reduced total price is being offered on the basis of receiving an award of all items covered by the total, any totals should be the actual sum of the extension of unit prices. Otherwise, in the event of any discrepancy between a unit price(s), extended price(s), and/or total price(s), unit prices will govern and the proposal will be refigured accordingly.

6.23. DELIVERY

A. Contractors shall guarantee delivery of supplies in accordance with such delivery schedule as may be provided in the solicitation.

B. All items shall be delivered F.O.B. Destination, Inside Delivery, and delivery costs and charges included in the proposal unless otherwise stated in the solicitation.

C. The P&C reserves the right to charge the Contractor or vendor for each day the supplies are not delivered in accordance with the delivery schedule. The per diem charge may be invoked at the discretion of the

P&C and said sum is to be taken as liquidated damages and deducted from the final payment, or charged back to the Contractor or vendor.

D. The P&C reserves the right to procure the supplies elsewhere on the open market if delivery is not made as specified, in which event, the extra cost of procuring the supplies may be charged against the

Contractor and deducted from any monies due or which may become due him.

6.24. PATENTS

If applicable, the Contractor shall defend any suit or proceeding against the County so far as based on a claim on any equipment, or on any part thereof, furnished under this contract which constitutes an infringement of any patent of the United States, if notified promptly in writing and given authority, information, and assistance (at the Contractor’s expense) for the defense of same, and the Contractor shall pay all damages and costs awarded therein against the County. In case said equipment or any part thereof, in such suit, is held to constitute infringement and the use of said equipment or part if enjoined, the Contractor shall, at its own expense, either procure for the County the right to continue using said equipment or part, or replace same with non-infringing equipment or part, or modify so that it becomes non-infringing.

6.25. CONTRACT SERVICES AGREEMENT

A. The County and Contractor may execute a Contract Services Agreement, which is attached for review, resulting from the award of this solicitation. Exceptions, if any, to the County’s standard Agreement must be noted in the proposal to be considered during consideration of award. Exceptions to the

County’s standard Agreement may result in rejection of the proposal.

B. Do not fill in or sign the sample Agreement attached. The County will prepare an Agreement specific to this solicitation for execution by the successful Contractor.

6.26. REDACTED VERSION

Contractors are encouraged to submit a redacted version of their bid submittal, redacted in accordance with Public Information/Proprietary/Confidential Information. The redacted version shall be kept in

County records and utilized for future reference only if requested via the MPIA. In the event no redacted version is submitted with the Contractor’s submitted proposal, the original submitted proposal will be released in response to any MPIA. The redacted version will not be utilized in the process of award. REDACTED VERSION WILL BE FILED AND ONLY RELEASED IN THE EVENT PROPOSER’S RESPONSES

ARE REQUESTED THROUGH MARYLAND PUBLIC INFORMATION ACT REQUEST.

6.27. AWARD NOTIFICATION

A. Award notification will be by U.S. Mail, email, phone or any combination thereof. All Contractors that have submitted a proposal will be notified of which Contractor will be awarded prior to final award.

B. The awarded Contractor will be required to return an Insurance Certificate naming Frederick County as an additional insured, the executed Agreement*, and the Maryland Registration Certificate of Good

Standing.

C. Individuals wishing to contest results of a solicitation may view procedures on the P&C website at www.FrederickCountyMD.gov/procurement.

*As Contractors have had an opportunity to note Exceptions to the Agreement with its proposal submission, execution of the Agreement will require minimal time. PLEASE BE SURE TO READ THE

SAMPLE AGREEMENT (within Section Vendor Questionnaire) PRIOR TO SUBMISSION OF THE

PROPOSAL.

6.28. SYSTEM FOR AWARD MANAGEMENT (SAM)

Contractors must not be presently debarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from covered transactions with the Federal Government according to the information contained on the website SAM.gov

7. SPECIAL CONDITIONS

7.1. CONTRACTOR'S QUALIFICATIONS

https://www.frederickcountymd.gov/procurement

A. Contractors must be engaged in door and window installation and replacements and shall have been actively engaged in this field for a minimum of five (5) years. The proposing firm must meet these years of experience, at a minimum, in order to be considered for award.

B. The County reserves the right to inspect the Contractor’s equipment and to perform such investigations as may be deemed necessary to insure that competent personnel and management will be utilized in the performance of this contract.

C. The County is seeking a Contractor whose primary business and area of specialization is installation, replacement, repair and maintenance of windows and doors. The Contractor must perform these services as a primary specialty trade and not as a division, department, or service line of a general contracting firm.

1. The Contractor cannot sub-contract all or any portion of the work assigned under this agreement.

All work must be performed by the Contractors' work force. The only exception to this requirement is for work not within the trade contracted by this agreement. For services outside of the contracted trade, sub-contracting is allowed and the Contractors must bind the subcontractors by the same terms, conditions, responsibilities, and obligations assumed by said Contractors to the

County. The County must approval all subcontractors. Frederick County shall reimburse the

Contractors for their costs for the subcontractor's labor and material. No additional mark-ups or charges will be allowed. If the County suspects that the price for any subcontractor's services is unreasonably high, the subcontractor will be rejected. The Contractor must provide two other quotes for the subcontracted services in question. If the lowest price for all three quotes is still too high, the County may elect to rescope the project, choosing other means and methods to accomplish the same task.

7.2. AWARD

The County intends to award to the responsive and responsible Contractor whose proposal represents the best value to the County. Responsibility and responsiveness are determined at the sole discretion of the Director of P&C.

The estimated annual quantities on the Price Page represent the total volume of work for all Contractors combined. Distribution of work is at the sole discretion of the County and equal distribution is not guaranteed.

The Contractor must waive any claim against the County for extra compensation or damages arising out of assignment of work by the County

7.3. AGREEMENT PERIOD

The contract period shall be for 1 year commencing on or about December 1, 2026 after approval and proper execution of the contract documents, with a renewal option for four additional years in one-year increments, exercisable at the sole discretion of the County.

7.4. NON-EXCLUSIVITY

Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the

Contractor. This contract shall not restrict the County from acquiring similar, equal, or like goods and/or services from other entities or sources.

7.5. LIQUIDATED DAMAGES

The County reserves the right to incorporate liquidated damages verbiage into individual statements of work and Task Orders, whenever deemed appropriate by the County. Contractor shall accept language which requires the understanding and intention to perform fully in an acceptable manager within the time(s) agreed upon. In the event of failure to complete fully and in an acceptable manner within the time(s) agreed upon. In the event of failure to complete fully, to all intent and purpose, the work specified in the time specified, or within the time as it may have extended by the County, the County reserves the right to require the Contractor pay a sum, not as a penalty, but as liquidated damages and the County shall have the right to deduct the amount of such damages from any moneys due to the

Contractor under this Contract. Liquidated damages will be assessed at a rate established by each Task

Order.

7.6. ESTIMATED QUANTITIES

The estimated annual quantities stated are provided as a general guide for proposing and are not guaranteed. Actual quantities may be more or less than estimated. There is no guarantee of work. If more than one Contractor is awarded, there is no guarantee of equal work distribution. Work will be assigned at the sole discretion of the County.

7.7. ESTIMATED USAGE

The estimated annual usage stated are provided as a general guide for proposing and are not guaranteed. Actual usage may be more or less than estimated. There is no guarantee of work. If more than one Contractor is awarded, there is no guarantee of equal work distribution. Work will be assigned at the sole discretion of the County.

7.8. INSURANCE REQUIREMENTS

The Contractor shall be required to provide the insurance as outlined in Section Insurance

Requirements. All documentation of insurance shall be submitted prior to contract start date. In the event that the necessary insurance cannot be obtained, the County reserves the right to revoke the contract award and award to another firm.

7.9. METHOD OF ORDERING

A. Projects will be issued as Task Orders under this contract. Each Task Order will have a separately agreed, scope of services, compensation amount and completion date. The Contractor will be requested to submit a fee proposal based on the scope of work (person-hours, etc.) defined in the Task Order. With the unit rates established per the Agreement, Task Order negotiations will be limited to the scope of services to be performed and the hours required to perform the services.

B. Once the County requests a fee proposal on a specific Task Order from the Contractor, the Contractor shall:

1. Visit the site.

2. Develop a detailed assessment for the assigned Task Order.

3. Schedule and attend a meeting at location to be determined by the County (if it is held), or any other necessary meetings to review, discuss, and complete discussions on the specific Task

Order. It is the Contractor’s responsibility to completely understand the Task Order scope prior to beginning work.

4. After completing discussions, begin work on the Task Order immediately upon receipt of notice to proceed from the County. The County shall issue the notice to proceed after review and agreement on the fee proposal.

C. Once an agreement on the individual Task Order is reached, the County will issue a notice to proceed. When assigning the project, the County will inform the Contractor of the time frame in which the Contractor must begin work and the date by which the project is due, inclusive of any intermediate milestone dates.

D. All costs associated with scoping the work and preparing and submitting a Task Order proposal are considered incidental to the contract, the Contractor shall not be reimbursed for this work.

E. Purchase Orders will be issued from time to time for such Task Orders as may be required by the

County. Task Orders issued against the contract, even if not completed within the term of the contract, shall continue to be bound by the terms and conditions until completion.

F. Purchases may also be made with the County’s procurement card (currently MASTERCARD). Contractors are prohibited from charging additional fees over and above its proposal prices to process payments on procurement cards.

7.10. ABANDONMENT, DISSOLUTION AND RESTRUCTURING

A Contractor who abandons or defaults the work on this contract or any Task Order that has been issued to a Contractor and causes any work be re-bid will not be considered in future bids for the same type of work unless the scope of work is significantly changed. Written notification of changes to company names, address, telephone number, etc. shall be provided to the County as soon as possible, but not later than thirty (30) days from date of change.

7.11. GRANT FUNDING REQUIREMENTS

In the event that a grant opportunity is made available and awarded to the County during the term of the agreement. The Contractor agrees to comply with guidelines, requirements, terms, and conditions as outlined in Notification of Grant Award documents after award and acceptance and incorporated into any approved Task Order using grant funding.

7.12. BILLING AND PAYMENT

A. Invoices shall be submitted as required in duplicate for all services performed to 585 Himes Avenue, Frederick, Maryland 21703.

B. Each invoice shall include the following information:

1. Federal Employer Identification Number (FEIN);

2. Contractor’s name and address;

3. Name of User Agency;

4. Frederick County Contract Number, if applicable;

5. Purchase Order Number;

6. Description of goods provided and/or services performed;

7. Date and length of time of each service performed, if applicable; and

8. Name of individual(s) performing the required services, if applicable.

C. Delivery tickets signed by authorized County personnel shall accompany invoice.

D. Payment shall be made upon receipt of proper invoice from the Contractor and authorized by the

County.

E. The County shall not be subject to late fees, fees for use of credit card payment, or additional fees of any kind at any time during the Agreement period.

F. All amounts, costs, or prices referred to herein pursuant to this contract shall be United States of America currency.

G. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid

Net30.

7.13. WARRANTY

A. The Contractor warrants that provided herein to be of the highest quality, complying with the specifications and free from all defects whatsoever in workmanship and materials, for a period of two years from the date of delivery. Replacements and repairs under this warranty are to be made by the

Contractor at no cost and to the satisfaction of the County.

B. The materials supplied by the Contractor shall carry the manufacturer’s standard new material warranty.

C. The Contractor must also provide a 2-year craftsmanship labor warranty on all installations.

D. The Contractor must provide the manufacturer's warranty on all products and installations.

7.14. DEFAULT

Upon non-performance or violation of the contract terms, the Contractor will be given one chance, via written communication, to correct deficiencies. Failure to correct the deficiencies stated in the written communication will be cause for the contract to be cancelled or annulled by Frederick County, Maryland in whole by written notice of default to the Contractor. An award may then be made to the next low

Contractor. In either event, the defaulting Contractor (or its surety) shall be liable to the County for costs to the County in excess of the defaulted contract prices. Failure of the Contractor to deliver services within the time stipulated on its proposal, unless extended in writing by the Director of P&C shall constitute contract default. In the event that a Contractor exempted from posting a Bid or Performance Guarantee fails to execute and perform any contract awarded to it, it shall forfeit the right to respond on any future

County contract for a period of time determined by the Director of P&C and it shall be liable for any costs incurred by the County as a result of its default.

7.15. REFERENCES

References will be verified by the Buyer and the results utilized as part of the determination of a

Contractor’s responsibility. Any negativity or uncertainty expressed by references may be used to exclude the Contractor from further consideration for award at the sole discretion of the County. It is in the best interest of the Contractor to CONTACT THE REFERENCES IN ADVANCE to ensure that they are aware that they are being utilized as a reference for this solicitation. Contactors may not use the County as a reference. Any work history the Contractor has with the County will automatically be utilized as part of the evaluation process.

7.16. ADDITIONS/DELETIONS

The County, at its option, may add or delete like or related goods and/or services as needed at the sole discretion of the Director of P&C. All specifications and requirements of this solicitation will apply to any additions made during the contract term.

7.17. CONTRACT

All questions must be directed to the Buyer for this solicitation. During the solicitation process which begins with the advertisement of the Invitation for Bid, and following the bid opening, Contractors are strongly cautioned not to contact elected officials or County employees regarding the award process. Contact with any entity other than P&C will be deemed as an attempt to influence the award process and will disqualify the Contractor from further consideration in the award process. Inappropriate efforts to lobby or influence individuals or Contractors involved in this bid award may result in dismissal from further consideration, at the County’s sole discretion.

7.18. PRICE ADJUSTMENT

For Services:

A. Prices offered shall be firm against any increase for one year from the effective date of this contract.

Prior to the commencement of subsequent renewal periods, it shall be the Contractor’s responsibility to notify P&C in advance of the renewal date of any requested price changes. Requests made after the renewal date will not be considered.

B. Requests for price adjustments shall be submitted to P&C, not the user agency.

C. The County will entertain requests for escalation in accordance with the current Consumer Price Index at the time of the request or up to a maximum 5% increase over the current pricing, whichever is lower. (For purposes of this section, “Consumer Price Index” shall be the Consumer Price Index-All Urban

Consumers (CPI-U), Washington- Arlington- Alexandria, DC-VA-MD-WV, All Items, Not Seasonally

Adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics.) The County reserves the right to accept or reject the request for a price increase and will do so in writing. If the price increase is approved, the price increase will be effective upon written approval and will remain firm through the renewal period.

D. If a price increase is requested following contract renewal and it has been longer than one year since the last increase, the County may entertain a request for escalation if it is in the County’s best interest. If the price increase is approved, the price increase will be effective upon approval and will remain firm through the renewal period, or for one year, at the County’s sole discretion.

For Commodities:

A. Prices offered shall remain firm against any increase for one year from the effective date of this contract.

Prior to the commencement of subsequent renewal periods, it shall be the Contractor’s responsibility to notify P&C in advance of the renewal date of any requested price changes. Requests made after the renewal date will not be considered.

B. Requests for price adjustments must be submitted to P&C, not the user agency.

C. Requests for price adjustments must be accompanied by bona-fide manufacturer’s documents or price lists reflecting the changes. Increases shall be limited to the actual cost increase to the Contractor. The

County reserves the right to accept or reject the request for price increase and will do so in writing. If the price increase is approved, the price increase will be effective upon written approval and will remain firm through the renewal period.

D. If a price increase is requested following contract renewal and it has been longer than one year since the last increase, the County may entertain a request for escalation if it is in the County’s best interest. If the price increase is approved, the price increase will be effective upon approval and will remain firm through the renewal period, or for one year, at the County’s sole discretion.

E. In the event of any decrease in price, either by the manufacturer or if the Contractor shall charge a lower price to other customers, the County shall be notified promptly and receive such decrease.

8. SPECIFICATIONS

8.1. Scope of Work

A. Awarded Contractors will perform different individual projects at different locations on an as-needed basis. All work will be performed withing the confines of Frederick County, Maryland which includes approximately 162 County buildings and approximately 1.5 million square feet of floor space.

B. The County is seeking a Contractor who primary business and area of specialization is installation, replacement, repair and maintenance of windows and doors. The Contractor must perform these services as a primary specialty trade and not as a division, department, or service line of a general contracting firm.

1. The Contractor cannot sub-contract all or any portion of the work assigned under this agreement.

All work must be performed by the Contractors' work force. The only exception to this requirement is for work not within the trade contracted by this agreement. For services outside of the contracted trade, sub-contracting is allowed and the Contractors must bind the subcontractors by the same terms, conditions, responsibilities, and obligations assumed by said Contractors to the

County. The County must approval all subcontractors. Frederick County shall reimburse the

Contractors for their costs for the subcontractor's labor and material. No additional mark-ups or charges will be allowed. If the County suspects that the price for any subcontractor's services is unreasonably high, the subcontractor will be rejected. The Contractor must provide two other quotes for the subcontracted services in question. If the lowest price for all three quotes is still too high, the County may elect to rescope the project, choosing other means and methods to accomplish the same task.

C. Awarded Contractors will provide the purchase and/or installation of various types of aluminum storefront and/ curtain wall along with interior and/or exterior metal hollow frames, steel, and or pre-finished/unfinished wood doors of various wood species.

1. Contractor will provide the purchase or installation of various types, colors, sizes and brands of aluminum storefront doors, windows and curtain wall products, which may also include various types a brands of door hardware.

2. Due to the age of some County facilities, there may be some doors and windows that will need to be custom-made.

3. Contractor shall provide a 2-year craftsmanship, parts and labor warranty along with the manufacturer's warranty on all products and installations.

D. It is anticipated that as Projects are identified, the awarded Contractor will work with the Project

Manager to create a scope of work and negotiated cost, which will then be detailed in a Task Order.

Negotiation of cost will be based upon the prices set forth and awarded as a result of this solicitation, plus the costs of any additional goods and services as presented to and approved by the County as a result of quotations that the Contractor has received. The Task Order will contain the Contractor's and

County's complete understanding of the Project, a detailed scope of work, a timeline for the Project completion and the total cost using awarded pricing.

1. Emergency Repairs will not require a task order.

2. Contractor must provide lead times for all materials and projected installation timeframe after receiving materials on all proposals.

E. At all times while working on a County project, all Contractor employees shall maintain professionalism and decorum while on County property. This professionalism shall include proper attire, dignified language and basic etiquette. The Contractor shall be held singularly responsible for the behavior of its employees AND its subcontractors.

F. Regular work hours are 7:30am- 4:00pm Monday-Friday excluding county observed holidays. In non-emergency work, work hours should be confined to these times. Work on holidays and weekends is permissible by arrangement with the County Project Manager. Work required outside of regular work hours shall be approved in advance by the Project Manager in writing.

1. Contractor shall respond back to emergency phone calls or messages within 1 hour of receiving a message or phone call.

2. Contractor shall respond to the site of an emergency repair within 2 hours of notification.

3. Contractor shall respond to any email or messages requesting a proposal within 24 hours of notification from the facility or project manager. Proposals must be submitted to the facility or project manager within 7 business days after site visit.

G. Quality of professional evaluation shall conform to the highest industry standards.

H. Contractor shall be held liable for any damage caused to existing surroundings including but not limited to flooring, walls, ceilings, paint and all exterior finishes, and landscaping during the installation of products.

1. At no time shall a Contractor's…