Purchasing Department 191 South East Street Frederick, MD 21701 240-586-7503 phone 240-586-7501 fax

Bill Meekins, CPPB, CPPO, NIGP-CPP, CSBO, CPCP, Purchasing Manager

Kim Miskell, CPPO, NIGP-CPP, CSBO, Assistant Purchasing Manager

Roy McHaffa, CPPB, CPP, CPDW, Purchasing Agent

Jenna Tressler, Purchasing Agent

BID NUMBER/NAME: 26M10, Building Automation Parts, Service, and Maintenance

BID ISSUE DATE: October 9, 2026

BID CONTRACT MANAGER: Kim Miskell, CPPO, CSBO, Assistant Purchasing Manager kimberly.miskell@fcps.org

BID CONTRACT ADMINISTRATOR: Lloyd Mills, Senior Manager, Management Lloyd.Mills@fcps.org

PRE-BID DATE: 10:00 A.M., local time, on October 22, 2026 (Attendance is encouraged, but not mandatory.)

PRE-BID LOCATION:

QUESTIONS:

This meeting will be held virtually via Microsoft Teams. Teams joining link:

https://events.teams.microsoft.com/event/27dac22f-c9e6-4d01-8d00- 261822907628@be02c267-0ded-4c91-a8bf- 4667962e95cb?source=copyLinkLegacyShareLinkDialog

Questions due no later than 10:00 A.M., local time, on October 28, 2026.

Submit questions in writing via OpenGov.

BONDS REQUIRED: NO

MBE REQUIREMENTS: NO

BID DUE: 11:00 A.M., local time, November 5, 2026. Bids will be opened and publicly read on Microsoft Teams. Teams joining link:

https://events.teams.microsoft.com/event/44931fc7-906c-456a-a804- 1e641dbdac1c@be02c267-0ded-4c91-a8bf- 4667962e95cb?source=copyLinkLegacyShareLinkDialog

SEALED BID DELIVERED TO: FCPS is accepting electronic bid submissions through OpenGov Procurement.

Bidders can create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup.

TENTATIVE AWARD DATE: BOE Work Session, scheduled on: January 6, 2027

ELIGIBILITY TO BID: All Frederick County Public School vendors and or contractors interested in bidding on FCPS projects must register at eMaryland Marketplace Advantage www.procurement.maryland.gov. FCPS will no longer accept bidder’s applications.

mailto:kimberly.miskell@fcps.org mailto:Lloyd.Mills@fcps.org https://events.teams.microsoft.com/event/27dac22f-c9e6-4d01-8d00-261822907628@be02c267-0ded-4c91-a8bf-4667962e95cb?source=copyLinkLegacyShareLinkDialog https://events.teams.microsoft.com/event/27dac22f-c9e6-4d01-8d00-261822907628@be02c267-0ded-4c91-a8bf-4667962e95cb?source=copyLinkLegacyShareLinkDialog https://events.teams.microsoft.com/event/27dac22f-c9e6-4d01-8d00-261822907628@be02c267-0ded-4c91-a8bf-4667962e95cb?source=copyLinkLegacyShareLinkDialog https://events.teams.microsoft.com/event/44931fc7-906c-456a-a804-1e641dbdac1c@be02c267-0ded-4c91-a8bf-4667962e95cb?source=copyLinkLegacyShareLinkDialog https://events.teams.microsoft.com/event/44931fc7-906c-456a-a804-1e641dbdac1c@be02c267-0ded-4c91-a8bf-4667962e95cb?source=copyLinkLegacyShareLinkDialog https://events.teams.microsoft.com/event/44931fc7-906c-456a-a804-1e641dbdac1c@be02c267-0ded-4c91-a8bf-4667962e95cb?source=copyLinkLegacyShareLinkDialog https://procurement.opengov.com/signup http://www.procurement.maryland.gov/

TABLE OF CONTENTS

COVER PAGE 1

TABLE OF CONTENTS 2-3

FCPS CENTRAL OFFICE MAP 4

FCPS SCHOOL YEAR AT A GLANCE 5

FCPS DIRECTORY OF SCHOOLS 6-7

GENERAL TERMS AND CONDITIONS - SECTION I 8-38

Bidder Registration

Pre-Bid Meeting

Preparation of Bid

Bid Pricing

Taxes

Addendum

Receipt of Bids

Opening of Bids

Standard of Quality, “or Equal Clauses,” and Substitutions

Samples

Guarantees and Warranties

Award or Rejection of Bids

Contract Formation

Protests

Contract Disputes

Contract Assignment

Multi -Year Contract

Hold Harmless

Termination for Default

Termination for Convenience

Governing Law and Venue

Multi-Agency Participation

Packaging and Delivery Requirements

Billing and Payment

Compliance with Specifications

Failure to Perform/Deliver

Safety Requirements

Patents

Technology-Based Instructional Products

Vendor Notice of Equivalent Access Standards

Employment of Child Sex Offenders and Persons with Uncontrolled Access to Students

Criminal Background Checks

Drug, Alcohol, And Tobacco-Free Workplace

Weapon Possession on School Property

Foreign Language Translator Requirement

Illegal Immigrant Labor

Student/Staff Confidentiality

Public Information Act Notice

Force Majeure

Ethics Policy

Non-Collusion

Conflict of Interest

Service Level Agreement (SLA)

Service Organization Control (SOC) Audit Report

Federal Contract Awards

ATTACHMENT A - Appendix II Part 200-Contract Provisions for Non-Federal Entity

Contract Under Federal Awards

SPECIFIC TERMS AND CONDITIONS - SECTION II 39-48

Scope

Background

Contract

Pricing

Scope of Work

Preparation of Proposal

Public Information Act Notice

Evaluation Criteria and Award

Vendor Performance Evaluation

Professional Liability and Automobile Insurance

Health Insurance Portability and Accountability (HIPAA) Compliance

APPENDIX A 49

TECHNICAL PROPOSAL 50-51

APPENDIX C 52-53

APPENDIX D BAS STANDARDS 54-66

APPENDIX E

FORM OF PROPOSAL

68-69

SIGNATURE PAGE ACKNOWLEDGING PROPOSAL/ADDENDA

STATUTORY AFFIDAVIT AND NON-COLLUSION CERTIFICATION FORM

CERTIFICATION OF COMPLIANCE FORM

VENDOR CONFLICT OF INTEREST DISCLOSURE FORM

PROPRIETARY INFORMATION FORM

71-72

73-74

FCPS

Central Office

191 S. East Street

Commerce Street

South Street

Ca rro ll S tre et

All Saints Street

Frederick Tourism

Commerce Street Parking

Ea st

St ree t

Parking Deck

City Police Station

. Text

Frederick County Public Schools 191 S. East Street

City Police Parking

Enter Here

August 2026

S M T W T F S

2 3 4 5 6 7 8

9 10 11 12 13 14 15

16 17 18 19 20 21 22

23 24 25 26 27 28 29

30 31

September 2026

S M T W T F S

1 2 3 4 5

6 7 8 9 10 11 12

13 14 15 16 17 18 19

20 21 22 23 24 25 26

27 28 29 30

October 2026

S M T W T F S

1 2 3

4 5 6 7 8 9 10

11 12 13 14 15 16 17

18 19 20 21 22 23 24

25 26 27 28 29 30 31

November 2026

S M T W T F S

1 2 3 4 5 6 7

8 9 10 11 12 13 14

15 16 17 18 19 20 21

22 23 24 25 26 27 28

29 30

December 2026

S M T W T F S

1 2 3 4 5

6 7 8 9 10 11 12

13 14 15 16 17 18 19

20 21 22 23 24 25 26

27 28 29 30 31

January 2027

S M T W T F S

1 2

3 4 5 6 7 8 9

10 11 12 13 14 15 16

17 18 19 20 21 22 23

24 25 26 27 28 29 30

February 2027

S M T W T F S

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19 20

21 22 23 24 25 26 27

March 2027

S M T W T F S

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19 20

21 22 23 24 25 26 27

28 29 30 31

April 2027

S M T W T F S

1 2 3

4 5 6 7 8 9 10

11 12 13 14 15 16 17

18 19 20 21 22 23 24

25 26 27 28 29 30

May 2027

S M T W T F S

2 3 4 5 6 7 8

9 10 11 12 13 14 15

16 17 18 19 20 21 22

23 24 25 26 27 28 29

30 31

June 2027

S M T W T F S

1 2 3 4 5

6 7 8 9 10 11 12

13 14 15 16 17 18 19

20 21 22 23 24 25 26

27 28 29 30

July 2027

S M T W T F S

1 2 3

4 5 6 7 8 9 10

11 12 13 14 15 16 17

18 19 20 21 22 23 24

25 26 27 28 29 30 31

Academic Calendar At-A-Glance

13-18 Teacher Preparation and Training

19 First day of School

Labor Day Schools and Offices Closed

18 2-hour Early Dismissal

21 Yom Kippur Schools Closed

Fair Day 3½-hour Early Dismissal

3 2-hour Early Dismissal

23-31 Winter Break Schools Closed

24-25 Christmas Schools and Offices Closed

25 Schools Closed

Good Friday Schools and Offices Closed

Easter Monday Schools and Offices Closed

26-31 Spring Break Schools Closed

Scheduled last day of School 2-hour Early Dismissal

18 Offices Closed 19 Juneteenth

New Year’s Day Schools and Offices Closed

MLK Day Schools and Offices Closed

19 Schools Closed

1-2 Spring Break Schools Closed

4 Independence Day 5 Offices Closed

16 Schools Closed 26 Schools Closed

28-29 4-hour Late Arrival (except HS)

30 3½-hour Early Dismissal

3 Election Day Schools Closed

24 2-hour Early Dismissal

25-27 Thanksgiving Break Schools and Offices Closed

Presidents’ Day Schools and Offices Closed

19 2-hour Early Dismissal

7 2-hour Early Dismissal

17 Eid al-Adha Schools Closed

Memorial Day Schools and Offices Closed

# Beginning of term # End of term

# Late arrival

Calendar Key # Schools Closed

# Early dismissal

Note: FCPS offers full-day Pre-K for 4-year-old students. They attend Mondays-Fridays and follow the K–5 schedule. FCPS also offers Pre-K for 3-year-old students. They attend half days on Mondays through

Thursdays. There is no half-day Pre-K on 4-hour late arrival and 3½ early dismissal days when parent-teacher conferences are scheduled in October.

s�"b����#s��$�%C;'�tS05ST3�m6U//T�g/S5uvSf,2)TT37�81�&9:%X<=>?@A�&&:B&';B9X&' DEFA�&&:B&';B9X&9G@HIJK@A�/3,L,)M3,LN6O,L/.+s�����b�n��i��#sn��$�%ChC�jS**/23.�1.)234.353.)607�81�&9:';<=>?@A�&&:B&';B9X'' DEFA�&&:B&';B9X'9G@HIJK@A�/+3,L,)M3,LN6O,L/.+w��"Y���#w��$�;''�[S../TT�rS.0WSd4.353.)607�81�&9:'9<=>?@A�&&:B&';B9;C' DEFA�&&:B&';B9;C9G@HIJK@A�O3,L,)M3,LN6O,L/.+�x�Z� �aZb ��#�a��$���h'%9�g)5+3y3T5�1.)234.353.)607�81�&9:'9<=>?@A�&&:B&';B9;X' DEFA�&&:B&';B9;X9G@HIJK@A�,.3,L,)M3,LN6O,L/.+�P �����z�#�P��$;X''�mM/*3�̂S.*�1.)234.353.)607�81�&9:'X<=>?@A�&&:B&';B9;&' DEFA�&&:B&';B9;&9G@HIJK@A�,]3,L,)M3,LN6O,L/.+{�P������#{��$�|+.S53,�;}%~C'%�RS,M�8S)*�mM.33M�U].f/*M7�81�&9:CC<=>?@A�&&:B&';B9;'' DEFA�&&:B&';B9;'9G@HIJK@A�M3,L,)M3,LN6O,L/.+{�P������w�Z�����#{w�$�|+.S53,�r.3B(}&~�:hCh�g/60d�g)5+3�g/S5�U].f/*M7�81�&9:CC<=>?@A�&&:B&';B9&C' DEFA�&&:B&';B9&C9G@HIJK@A�MO,L,)M3,LN6O,L/.+{P��������#{P��$�_;&9�qSf-3.M�1.)234.353.)607�81�&9:';<=>?@A�&&:B&';B9&_' DEFA�&&:B&';B9&_9G@HIJK@A�M]3,L,)M3,LN6O,L/.+{YZ��aZb ��#{a��$���99'_�q3SNd�j/TT/W�[).6T38/]*M�\).d7�81�&9::9<=>?@A�&&:B&';B9&X' DEFA�&&:B&';B9&X9G@HIJK@A�M.3,L,)M3,LN6O,L/.+��l����#���$���;%%X��.-S*S�r)034.353.)607�81�&9:'X<=>?@A�&&:B&';B9&&' DEFA�&&:B&';B9&&9G@HIJK@A�]3,L,)M3,LN6O,L/.+p������#p��$�;%9h��3�3.,/*�r)03�3�3.,/*7�81�&9:%%<=>?@A�&&:B&';B9&'' DEFA�&&:B&';B9&'9G@HIJK@A�23,L,)M3,LN6O,L/.+���"���iZ����#���$�C;�c3,M�4.353.)60�mM.33McST03.,2)TT37�81�&9:h;<=>?@A�&&:B&';B99C' DEFA�&&:B&';B99C9G@HIJK@A�W3,L,)M3,LN6O,L/.+

{�P������#{e�$X'C�RS,M�8S)*�mM.33M�U].f/*M7�81�&9:CC<=>?@A�&&:B&';B&%'' DEFA�&&:B&';B&%'9G@HIJK@A�Mf,L,)M3,LN6O,L/.+��l����#�e�$;%99�r/*M)],�[/].MuvSf,2)TT37�81�&9:%X<=>?@A�&&:B&';B&_'' DEFA�&&:B&';B&_'9G@HIJK@A�]f,L,)M3,LN6O,L/.+���"���iZ����#�e�$%%�c3,M�4.353.)60�mM.33McST03.,2)TT37�81�&9:h;<=>?@A�&&:B&';B&_%' DEFA�&&:B&';B&_%9G@HIJK@A�Wf,L,)M3,LN6O,L/.+��������b��Z�"�#��e�$�%9%�c3,M�rSM.)60�mM.33M4.353.)607�81�&9:'9<=>?@A�&&:B&';B&:'' DEFA�&&:B&';B&:'9G@HIJK@A�WNf,L,)M3,LN6O,L/.+�Z�b�����������#��e�$999%'�c)*5,/.�g/S5uvSf,2)TT37�81�&9:%X<=>?@A�&&:B&';B&:%' DEFA�&&:B&';B&:%9G@HIJK@A�W0f,L,)M3,LN6O,L/.+QZ �����������P��YZ�"�#�Q�$9'9�[]ff)*+,�1.)23.̂]*,W)607�81�&9:9_<=>?@A�&&:B&';B;&'' DEFA�&&:B&';B;&'9G@HIJK@A�-U,L,)M3,LN6O,L/.+!�����Z��#!Q�$9X:X%�mS-)TTS,2)TT3�g/S5�U].f/*M7�81�&9:CC<=>?@A�&&:B&';B;9%' DEFA�&&:B&';B;9%9G@HIJK@A�6U,L,)M3,LN6O,L/.+���b��Z�"�#�Q�$_%'�[S../TT�rS.0WSd4.353.)607�81�&9:'9<=>?@A�&&:B&';B;;'' DEFA�&&:B&';B;;'9G@HIJK@A�NU,L,)M3,LN6O,L/.+n�i������{��������������#n{�Q�$9%'9�V/.MU�8S.03M�mM.33M4.353.)607�81�&9:'9<=>?@A�&&:B&';B;X%' DEFA�&&:B&';B;X%9G@HIJK@A�+MvU,L,)M3,LN6O,L/.+�Z� ������#�Q�$9&'9;�tT5�\**SO/T),�g/S54.353.)607�81�&9:'9<=>?@A�&&:B&';B;%'' DEFA�&&:B&';B;%'9G@HIJK@A�TU,L,)M3,LN6O,L/.+eZbb����Y��#eQ�$&''�m6U//TU/],3�1.)238)55T3M/W*7�81�&9:_h<=>?@A�&&:B&';B;_'' DEFA�&&:B&';B;_'9G@HIJK@A�fU,L,)M3,LN6O,L/.+s�"b����#sQ�$%C%'�RS+T3U3S5�1.)23uvSf,2)TT37�81�&9:%X<=>?@A�&&:B&';B;X'' DEFA�&&:B&';B;X'9G@HIJK@A�/U,L,)M3,LN6O,L/.+

�x��Z��Z��b�����������w�� ����!��������b�{������� ��!������#!{!$:h&&�tO/,,]fM/W*�r)034.353.)607�81�&9:'&<=>?@A�&&:B&';B;_%' DEFA�&&:B&';B;_%9G@HIJK@A�6M6L,)M3,LN6O,L/.+!�������!���"�e��������Z�wPl�Z��!�������������C:9:��3TT/W�mO.)*+,�g/S54.353.)607�81�&9:'&<=>?@A�&&:B&';B;C&' DEFA�&&:B&';B;C&9G@HIJK@A�WWWL6S../TT6.330f/*M3,,/.)L/.+���������x������Z�������l�#����$&9'�8S5),/*�mM.33M4.353.)607�81�&9:'9<=>?@A�&&:B&';B9:X&G@HIJK@A�3,,TL,)M3,LN6O,L/.+���b��Z�"�!�P����pZ��P����������#�!p�$�|+.S53,�X}9&~%:�c3,M�4.353.)60�mM.33McST03.,2)TT37�81�&9:h;<=>?@A�&&:B&';B;:C' DEFA�&&:B&';B;:C9G@HIJK@A�N62,L,)M3,LN6O,L/.+���b��Z�"�!����Z����!�������������CXX%�mO).3,�cSd7�m])M3�[[4.353.)607�81�&9:'9<=>?@A�&&:B&';B;CX' DEFA�&&:B&';B;CX9G@HIJK@A�WWWLN.353.)606TS,,)6ST6US.M3.,6U//TL/.+Q�������aZb ��������9XX%��S*3d�\23*]34.353.)607�81�&9:'&<=>?@A�&&:B&';B;CC' DEFA�&&:B&';B;CC9G@HIJK@A�U.,L,)M3,LN6O,L/.+e��������p������e��������Z�wPl�Z��!�������������C:9:��3TT/W�mO.)*+,�g/S54.353.)607�81�&9:'&<=>?@A�&&:B&';B;C_' DEFA�&&:B&';B;C_9G@HIJK@A�WWWLf2fO6,L/.+sP�b����������:_;'�jSdWS.5�g/S54.353.)607�81�&9:'&<=>?@A�&&:B&;_BX:C:G@HIJK@A�,)M3,L+//+T3L6/f�N6O,L/.+�/]M5//.,6U//Ta��"�!���"��������#a!�$%%̂�c3,M�4.353.)60�mM.33McST03.,2)TT37�81�&9:h;<=>?@A�&&:B&';B;h'' DEFA�&&:B&';B;h'9G@HIJK@A�.6,L,)M3,LN6O,L/.+��lZ����iZ������iZ����������������9_&9'B̂�mS-)TTS,2)TT3�g/S5mS-)TTS,2)TT37�81�&9:C'<=>?@A�&&:B&';B9;_' DEFA�&&:B&';B9;_9G@HIJK@A�WWWL,3,6TS,,)6STL/.+�P���������b���&%'�8S5),/*�mM.33M4.353.)607�81�&9:'9<=>?@A�&&:B&';B;h&' DEFA�&&:B&';B;h&9G@HIJK@A�N6O,L/.+�,]663,,BO./+.Sf

#�)*+,+*-./ 0+1�23*/+456789:;:<=>?<@>:�AB8CDC>:E9CFF<GH�I86JK:D

L<GH;L6FJ8

M97C>C ?<>9<N6COPCQDN6BB8

A<6>:�<R�L<GHDE@GH8;D:<=>

58=6D:<=>

2STU4�V-*W

X3Y/+*Z[-YY+ XSS,Z\S*S]̂T*_SU4 _̀_-4Z\T*a 2W+*Z[-YY+2-,,Y+4S1UbT*/-44Z[-YY+b*TUZ1-./ cde de de fgghg ijj jkj ihe gge gge gge dd ddid id ilj ilj dg dg he ch dg dk ije fick ck igfje igjejemno ig

��p�qrst�u�vwxyz{|�} �~��������������������������������������������y��|z� �����������y��|z����������� ������������s��qrst�u�vwx���������� ��������¡¡�������������y��|�� �����������y��|����������� ������������¢�£q��u��¢vwx���¡���¤�¥ ���������������������������y��|�� �����������y��|����������� �¥ ������������t§r̈t�u��tvwx����������������

���������������������������y��{¡� �����������y��{¡���������� � ������������t©�tr£��ª£��«�u�ªvwx{|¡������

���������z�������������y���|� �����������y���|���������� � ������������̈�qrst�u��vwx�®���� ��ȳ{°�������

�~���������|��������������y��{|� �����������y��{|������������ ������������̈�qrst�²£�p�£��u�²wx�®���� �}̄�°���z�y�¦���� ����

�~���������|��������������y��{z� �����������y��{z���������������� �����������rtr§�§��u�rvwx���z������~��������¦� ���������������������������y��{�� �����������y��{������������� �������������£�³�̈̈��u��vwxz���������

���������y�������������y��{�� �����������y��{������������� �����������́s���£«�q�ú�vwx��y�µ

���������z�������������y��z|� �����������y��z|������������ �����������́s���s��¶·rr�¢r£r�u·rvwx�̧¹�º�»¹�¼�®���� ��ȳ{°����|�µ����¥������� ������������{��������������y��zz� �����������y��zz����»���½��®���� µ����¥������������¡�������������y����� �����������y��������������~� ����������ŕ£q¾�¿£��£�§«�ú¿vwx���������¦����� ~�À� ���������������������������y��z¡� �����������y��z¡������������

·�³�£̈���u·�³vwx�������µ�� ���������������������������y���|� �����������y���|����������~�� ����������·¾�qq��£�u·¾vwx����z���µ��

���������������������������y���z� �����������y���z����������~� ����������·r̈Á�³�̈̈��u·Ávwx���{���µ� ���� ���������y�������������y����� �����������y��������������~� ����������Â�̈̈rs�w�£�t©�uÂwvwx��������������������� ���������������������������y���¡� �����������y���¡������������ ������������̈��w§¾rr̈�Ã�̈�̈t©�£�ª£��«�uê�wx{{�{���

�������������y�������������y���{� �����������y���{����������¥������ ����������ãÄt�s�§«�uÃ�wxy���������������� �����~������������|�������������y����� �����������y��������������¥����� ����������ª£��qsrr�uª�wx�����¦�Å���Æ����� �������������y�������������y���{� �����������y���{���������������� ����������Çr³�£tr£�Ⱦrp���Ér¾t�rt�uÇÈÉ�wx���������Ê ���������������������������y��{{� �����������y��{{����������� Ë����� ������������̈�qrst�u��wx�������

�~���������|��������������y��y�� �����������y��y����������������� �����������rtr§�§��u�r�wx�¡����Ì������ ���������������������������y��y{� �����������y��y{����������������� �����������́s���£«�q�ú��wx��{�µ

���������z�������������y��z�� �����������y��z������������������ ����������Í�«�̈��uÍ�wx{¡���Ì����

������ �����ÎË�����

��������{z�������������y��z{� �����������y��z{����������������

ÏÐÏÑÏÒÏÓÏÔÏÕÏÖ×Ø×Ï

Ï×

×Ð

ÈÄ�§�£r£��uÈÙwx{y�����

�������������y�������������y�y��� �����������y�y������������ ����������Ú£¢�t��uÚÙwxyz��������������

ÎË�����

��������{z�������������y�y{{� �����������y�y{{���������������� ����������·�̈«�£�³�̈̈��u·Ùwx¡��µ µ� � ���������y�������������y�yy{� �����������y�yy{����������~����� Û�£�§qr£������ ± ����z��

���������y��

���������z��

������� ��ÐÔÐÕÐÖÑÏÑØÑ×ÑÑÑÐÑÒÑÓ×× ÑÔ

ÓÏÓ×ÓÐ

×Ñ ÑÕ

Section I – General Terms and Conditions Rev. 05.2026

FREDERICK COUNTY PUBLIC SCHOOLS (FCPS)

GENERAL TERMS AND CONDITIONS

SECTION I

1. BIDDER OR OFFEROR REGISTRATION

a. All Frederick County Public School (FCPS) bidders or offerors interested in bidding on FCPS projects must register on eMaryland Marketplace Advantage https://emma.maryland.gov.

b. Contractors are required to register with eMaryland Marketplace Advantage https://emma.maryland.gov within five days following notice of award. Maryland law requires local and state agencies to post award notices on eMaryland Marketplace Advantage. This cannot be done without the contractor’s self-registration in the system. Registration is free. Failure to comply with this requirement may be considered grounds for default. It is recommended that any interested bidder or offeror register with eMaryland Marketplace Advantage regardless of the award outcome for this procurement as it is a valuable resource for bid notification for municipalities through Maryland.

2. PRE-PROPOSAL MEETING

a. A Pre-Proposal Meeting will be held at the date and time indicated on the cover page of this solicitation package.

b. Attendance at the Pre-Proposal Meeting is not mandatory; however, all bidders or offerors are strongly encouraged to attend.

c. The agenda for this Pre-Proposal Meeting will include the following: introduction of staff;

description of scope of work; timeline/scheduling; budget priorities/concerns; and procurement responsibilities.

d. Questions shall be submitted in writing via OpenGov Procurement. Due to possible changes and/or additions to the specifications, bids should not be submitted prior to the Pre-Proposal meeting.

e. If FCPS offices are closed, or operating on a modified schedule, due to inclement weather on the day a Pre-Proposal Meeting is scheduled, the Pre-Proposal Meeting is cancelled and will not be rescheduled unless an addendum is issued. For the fastest, most reliable information, regarding closures and/or delays, check the following:

• www.fcps.org

• Social Media: FCPS on Twitter and FCPS on Facebook

• Email/Text Messages: Sign up for SchoolMessenger and emergency-only text messages.

• FCPS TV: Comcast Channel 18 (Frederick area)

• Local radio and TV stations

3. PREPARATION OF BID

a. Should any bidder be in doubt as to the meaning of the specifications, or should they find any discrepancy or omission, they shall notify the Contract Manager listed on the solicitation cover page. If required, bidders or offerors will be notified of clarifications and/or additional information by means of addendum.

https://emma.maryland.gov/ https://emma.maryland.gov/ http://www.fcps.org/ http://twitter.com/#!/FCPSMaryland http://www.facebook.com/FCPS-Maryland

b. Bidders or offerors, or their authorized representatives, are expected to fully inform themselves as to the conditions and requirements of the specifications before submitting bids. Failure to do so will be at the bidder's own risk.

c. Bidder must submit their proposals online via OpenGov Procurement (https://procurement.opengov.com/portal/fcps).

d. Each bid shall show the full business address and contact information of the bidder and be signed by the person(s) legally authorized to sign contracts. All correspondence concerning the bid and contract, including notice of award, copy of contract, and purchase order, will be emailed, or mailed, to the address shown on the bid in the absence of written instructions from the bidder to the contrary.

e. The following items must be included in submission:

i. Proposal pages completely and accurately filled out:

• Verify all mathematical calculations.

• Strike through errors, initial them, and make corrections.

ii. Signature Acknowledgement Form completed and signed.

iii. Statutory Affidavit and Non-Collusion Certification form completed and signed.

iv. Certificate of Compliance form completed and signed.

v. Conflict of Interest Form completed and signed.

vi. Proprietary Information Form completed and signed.

vii. W-9 (This is the company information that will be entered in the FCPS supplier database).

viii. Certificate of Insurance (if applicable).

f. Bidders or offerors shall be required, pursuant to COMAR 21.07.01.22, to be licensed to do business in the State of Maryland and must provide a tax certification number. Visit the following website to ensure compliance: www.Egov.maryland.gov/BusinessExpress.

g. Bids by partnerships must be signed with the partnership name, followed by the signature and designation of the person having authority to sign. When requested, satisfactory evidence of authority of the person signing will be furnished. Anyone signing the bid as an agent shall file satisfactory evidence of their authority to do so, if requested.

h. Bids by corporations must be signed with the name of the corporation, which must match the information on the submitted W-9, followed by the signature and designation of the person having authority to sign. When requested, satisfactory evidence of authority of the person signing will be furnished. Anyone signing the bid as an agent shall file satisfactory evidence of their authority to do so, if requested.

i. Failure to sign the bid document will result in rejection of the bid as non-responsive.

j. FCPS will not be responsible for any costs incurred by a bidder in preparing and submitting a proposal in response to this solicitation.

k. If the bidder has made an error, the bidder may request, in writing, to have their bid withdrawn.

Approval of a bidder's request is not automatic and may be given only by the Purchasing Manager.

Requests for withdrawal are usually denied, unless the bidder proves to the satisfaction of the Purchasing Manager that the mistake was either a scrivener's error or another type of clearly unintentional error so departing from customary and reasonable business practices as to be obvious and to legitimately and substantially impair the bidder’s business.

https://procurement.opengov.com/portal/fcps http://www.egov.maryland.gov/BusinessExpress

4. PROPOSAL PRICING

a. Prices quoted shall not exceed the prices established under any governmental price control regulations.

b. All proposals submitted shall be irrevocable for a period of 120 days following the proposal due date. FCPS may accept the proposal at any time within that period after the due date. FCPS reserves the right to reject any offer that specifies less than 90 days of acceptance time. Upon mutual agreement between FCPS and the contractor, the acceptance period may be extended. Proposals may not be withdrawn during this period.

c. FCPS retains the right, with mutual consent of the bidder(s), to utilize the bid pricing and approved price changes for future purchases for as long as the bidder(s) mutually agrees to extend the prices.

d. If the contract includes equipment, all prices must be FOB-Destination (inside delivery), unless specifically authorized in Section II – FCPS Specific Terms and Conditions.

e. Charges for express delivery will only be allowed if authorized by FCPS in writing.

f. The bidder(s) are encouraged to bid only one product per line item that most nearly meets the specifications. If the bidder believes that there is more than one product available, a limit of two offers will be considered for each line item.

g. If two or more particular brands, models, or makes are listed in the specifications (under Base and

Alternate Bids) and the bidder has not indicated in the bid which of the two or more brands, models, etc., is being bid, it shall be understood that FCPS may require the bidder to furnish whichever is preferred by FCPS.

h. All unit prices on items bid shall be completed on the proposal sheets provided. A “NO BID" or

“N/A” notation should be completed for each item not being bid. Blank spaces in the proposal sheet will be considered as not being bid.

i. In case of an error in the extension of prices in the bid, the unit price shall govern.

j. Neither law nor regulations make allowance for errors either of omission or commission on the part of the bidders or offerors. In case of error in multiplication of unit price when arriving at total price per line item, the unit price shall govern. If there is a discrepancy between the price written in numbers and the price written in words, the words will govern.

k. Unit Prices must be rounded off to no more than two decimal places unless so specified in Section II

– FCPS Specific Terms and Conditions.

l. FCPS reserves the right to consider discounts in evaluating a bid with line-item pricing requirements. The bidder should calculate all discounts, other than prompt payment, as part of their unit pricing.

5. TAXES

a. No charge will be allowed for federal excise, state, and/or municipal sales and use taxes, from which the Board of Education of Frederick County is exempt.

b. A contractor is not eligible, according to the Maryland Comptroller’s Office, to utilize the tax exemption certificate for governmental agencies.

6. ADDENDA

a. All changes to the bid solicitation will be made through appropriate addenda issued by the Purchasing Department.

b. Addenda will be available on the FCPS Purchasing Department website. All bidders or offerors who are known by the Purchasing Department to have downloaded the bid documents will receive an email notification.

c. Addenda shall be issued within a reasonable time prior to the solicitation due date to permit prospective bidders or offerors sufficient time to consider the information in preparing their responses. FCPS reserves the right to extend the solicitation due date when necessary.

d. Each bidder or offeror shall ascertain, prior to submitting a bid that they have received all addenda issued and the bidder or offeror shall acknowledge receipt on the Signature Acknowledgement Form. Failure of any bidder or offeror to acknowledge the receipt of addenda will not relieve that bidder or offeror from any obligations under this solicitation as amended by addenda. All addenda so issued will become a part of the award and contract documents.

7. RECEIPT OF PROPOSALS

a. Proposals are to be uploaded to OpenGov Procurement; the online sourcing website utilized by

FCPS. Submissions may be uploaded at any time prior to the bid due date and time. Bidders or offerors may modify their submissions up until the bid due date and time.

b. Proposals uploaded after the designated date and/or time will not be accepted. It is the responsibility of the bidder or offeror to ensure that submittals are uploaded on time.

c. In the event of inclement weather on the date when proposals are scheduled to open and the FCPS offices are closed, or operating under a modified schedule, proposals will be opened on the next business day at the same time as previously scheduled. The proposal submission date will not change based on inclement weather, unless changed by an addendum. Often when schools are closed due to inclement weather, administrative offices remain open. When in doubt, refer to Section 2(e) for closing and delays.

8. OPENING OF PROPOSALS

a. Sealed proposals will be publicly opened at the date and time indicated on the solicitation cover sheet.

b. All proposals received must be signed by a person legally authorized to sign the company into a contract. Proposals will be submitted online via OpenGov Procurement.

(https://procurement.opengov.com/portal/fcps).

c. Complete evaluation of the proposals will not take place at the opening, and no indication of award will be made. A final recommendation(s) shall be prepared for review and approval by the Board of Education of Frederick County.

d. The recommended award will be posted to the FCPS Granicus PEAK website a minimum of three days prior to the Board of Education meeting in which it will be presented.

e. The final award recommendation and bid tabulation will be posted on the FCPS website, https://procurement.opengov.com/portal/fcps www.fcps.org/bidlist, after the Board of Education of Frederick County approval.

9. STANDARD OF QUALITY, "OR EQUAL CLAUSES," AND SUBSTITUTIONS

a. Any make/model specified in the solicitation is used only to establish a quality level, unless specifically noted in Section II – FCPS Specific Terms and Conditions. Any material or article that will perform adequately the duties imposed by the general design will be considered equal and satisfactory. FCPS retains the right to determine if items are equivalent and acceptable.

b. The bidder or offeror shall be responsible for submitting a clear and concise proposal wherein each substitution and deviation is identified and described, in writing, at the time of solicitation submission.

c. In the absence of any statement to the contrary by the bidder or offeror, the submission will be interpreted as being the exact brand and/or qualities, etc., enumerated in the detailed specifications, whenever the specifications indicate a product of a particular manufacturer, model or brand.

d. Bidders or offerors must submit detailed literature if bidding an item other than the specified item.

Detailed literature is defined as product features or specifications relating to construction and/or performance.

e. The detailed literature is to be arranged and labeled according to item number referenced on the solicitation document.

f. It is the responsibility of the bidder or offeror to submit required literature, or links to websites, with the bid submission. Failure to submit such data as required and/or at the time designated by the Purchasing Department shall be cause for rejection of that item.

g. No substitutions or deviations shall be permitted following the award of the contract unless "cause and effect" is presented in writing and approved by the Contract Manager. A statement of any credit or extra cost involved will be included with the request.

h. FCPS shall not be responsible for providing personnel, testing facilities, or other resources necessary to search out substitutions and deviations in bid proposals which are unclear through vague terms such as "comparable" or blanket statements of deviation such as "our standard design, construction, hardware, finishes, etc."

i. The bidder or offeror shall, upon request and with no cost to the FCPS, furnish documents, independent laboratory tests reports, and/or similar materials of proof to substantiate that the substitutions and deviations of the items they propose to furnish do not prevent these items from being truly and factually equal to, or exceeding, that which is specified.

j. The cost of testing a representative sample of an order or shipment for acceptance and compliance with specifications shall be borne by FCPS. If the order or shipment is rejected for failure to meet the requirements of the specifications or purchase description, the cost of testing will be charged to the Contractors.

10. SAMPLES

a. Samples will be requested for testing and evaluation purposes. Failure to submit samples as required at the time designated may be cause for rejection of that item.

b. All samples must be delivered with all charges prepaid to the designated point of delivery. Samples http://www.fcps.org/bidlist must be marked as “SAMPLE” and include the name of the bidder or offeror, bid name and number, and return instructions, if applicable.

c. The right is reserved to retain any sample submitted with bids for the purposes of examination and testing. FCPS reserves the right to use all samples in any manner which may best serve the final determination of the successful bidder or offeror, even if said examination and testing results in damage to or destruction of the sample.

d. FCPS retains the right to determine the method of testing to be utilized.

e. Samples that are not retained by FCPS must be removed within two weeks upon notification.

Return shipping must be prepaid by the bidder or offeror. Samples not removed within this two-week period shall be retained, or disposed of, at the discretion of FCPS, and without compensation to the bidder or offeror.

11. GUARANTEES AND WARRANTIES

a. The Contractor shall guarantee the material and workmanship on all services, equipment, materials, supplies, and labor, furnished by them, for a minimum period of one year from the date of acceptance, unless a longer period of time is specified in Section II – FCPS Specific Terms and Conditions.

b. If, within the guarantee period, any defects or signs of deterioration are noted, the Contractor at their expense shall correct the condition or they shall replace the part or entire unit of work/equipment to the complete satisfaction of FCPS. These repairs, replacements, or adjustments shall be made only at such times as will be designated by FCPS to minimize the disruption to building/school operations.

c. Should the Contractor fail to comply with the terms of this guarantee, FCPS may have such work performed as it deems necessary to fulfill the guarantee, charging the cost to the Contractor.

12. AWARDS OR REJECTION OF PROPOSALS

a. The basis of award shall be as specified for the applicable solicitation type. For an Invitation for

Bid, the basis of award shall be the lowest responsible bidder submitting a responsive bid that conforms to the specifications established in the solicitation, with consideration given to the quantities involved, time required for delivery, purpose for which required, competency and responsibility of the bidder, and the plan for utilization of minority contractors, if applicable. For a Request for Proposals, the basis of award shall be the responsible Offeror whose proposal is determined, in writing, to be most advantageous to FCPS based on the evaluation criteria set forth in Section II – Specific Terms and Conditions, price and other factors considered.

b. FCPS reserves the right to determine completeness and/or timeliness of bids or proposals, to reject any or all bids or proposals in whole or in part, to make partial awards, to waive any informality in any quotation, to increase or decrease quantities if quantities are listed in the bid or proposal, to reject any bid or proposal that shows any omissions, alterations of form, additions not called for, conditions, or alternate proposals, and to make any such award as is deemed to be in its best interest.

c. Bidders or offerors may be required, before the awarding of a contract, to show to the complete satisfaction of FCPS, that they have the necessary facilities, ability and financial resources to execute the contract in a satisfactory manner, and within the time specified. Bidders or offerors may be required to demonstrate they have the necessary experience, history and references to assure FCPS of their qualifications.

d. The Board of Education of Frederick County reserves the right to award the bid or proposal within

120 days from the date of the bid opening unless a different time period is stated in the bid or proposal document.

e. Unless stated otherwise in Section II – FCPS Specific Terms and Conditions, the contract may be awarded by line item, group, or in the aggregate, whichever is in the best interest of FCPS.

f. In the event of tied bids or proposal evaluations resulting in substantially equivalent pricing and qualifications, FCPS may give preference, in the following order, to businesses located in Frederick County, businesses located elsewhere within the State of Maryland, and businesses located outside the State of Maryland, where permitted by applicable law and funding requirements.

g. FCPS does not have local, state or federal preference requirements except when mandated by a targeted funding source.

h. If, after competitive sealed bids or proposals have been opened, the Purchasing Manager determines that only one responsible bidder or offeror has submitted a responsive bid or proposal, the procurement contract may be negotiated with that one bidder or offeror as sole source procurement.

i. A recommendation for the award of a contract will be presented to the Board of Education of

Frederick County for approval. Upon approval of the award of contract, the bidder(s) or offeror(s) shall be notified of their award(s). If applicable, an FCPS contract document shall also be issued.

j. The Board of Education of Frederick County reserves the right to reject the bid of a bidder or offeror who has, in the opinion of FCPS, failed to properly perform under previous contracts, or, who investigation shows, is not in a position to perform the contract.

k. The Board of Education of Frederick County retains the right to reject any and all bids or proposals, if it is deemed in the best interest of FCPS to do so.

l. If, during the life of the contract, a product or service does not meet the solicitation terms and conditions, FCPS retains the right to cancel the awarded item(s) and award to a new bidder or offeror, as long as that bidder or offeror mutually agrees to the award.

13. CONTRACT FORMATION

a. Notification of award shall be made by letter after approval by the Board of Education of Frederick

County.

b. The primary form of Contract is the purchase order(s), and any agreed-upon schedules, addendum, shop drawings, and documents associated with the bid solicitation/submission/award. In the event of any conflict among contract documents, the Order of Precedence clause in Section I shall control.

c. A secondary form of Contract, if required, may be noted in Section II – FCPS Specific Terms and

Conditions, of this bid solicitation.

d. No amendment, modification or change to the Contract shall be effective unless such change is in writing and mutually agreed upon by authorized representatives of FCPS and the Contractor.

Changes may not significantly alter the original scope of the agreement.

14. ORDER OF PRECEDENCE; CONTRACT DOCUMENTS; AND THIRD-PARTY TERMS

a. In the event of any conflict, inconsistency, or ambiguity among the contract documents, the following order of precedence shall govern, with the highest priority listed first:

i. Written amendments or change orders executed by authorized representatives of FCPS and the Contractor.

ii. Any addenda issued by FCPS for this solicitation.

iii. Section II – Specific Terms and Conditions.

iv. Section I – General Terms and Conditions.

v. The solicitation, including all specifications, drawings, and attachments.

vi. The Contractor’s submitted proposal, bid, or response.

b. FCPS expressly rejects any additional or different terms and conditions contained in any Contractor-provided document or communication, including but not limited to proposals, quotations, acknowledgments, invoices, click-through agreements, browse-wrap agreements, online terms of service, end user license agreements (EULAs), shrink-wrap agreements, or other standard commercial terms, whether presented before or after contract award. Such Contractor-provided terms shall be invalid and of no force or effect, unless:

i. They are expressly identified.

ii. They are reviewed and approved in writing by the Purchasing Manager or other duly authorized FCPS representative; and

iii. They are incorporated into the Contract by a formally executed written amendment.

c. No action by FCPS, including but not limited to receipt of goods or services, issuance of a purchase order, payment, or use of a product or service, shall be deemed acceptance of any Contractor-provided terms and conditions.

d. In the event FCPS agrees to incorporate any Contractor-provided agreement, license, or terms, the provisions of this Contract shall prevail in the event of any conflict, unless expressly stated otherwise in a written amendment executed by FCPS.

e. Notwithstanding any provision to the contrary, where the Contract involves software, cloud services, digital tools, or technology-based products:

i. Data Ownership and Use All data, including but not limited to student data, staff data, metadata, and usage data, shall remain the sole property of FCPS or its users, as applicable. The Contractor shall have no ownership rights in such data and may use such data solely for the purpose of fulfilling its obligations under the Contract. Any Contractor-provided terms asserting ownership, licensing rights, or unrestricted use of such data are expressly rejected.

ii. Conflicting License or Terms of Service Any Contractor-provided license agreement, terms of service, or end user agreement shall be subject to and subordinate to this Contract. Provisions commonly contained in such agreements, including but not limited to limitations of liability, indemnification obligations imposed on FCPS, automatic renewals, unilateral modification of terms, data mining or advertising rights, or governing law or venue outside the State of Maryland, are expressly rejected and shall be of no force or effect, unless specifically accepted in writing through a formal contract amendment.

iii. Governing Law and Venue Any Contractor-provided term designating governing law or venue other than the State of Maryland is void. All such matters shall be governed exclusively in accordance with this Contract.

iv. Hierarchy of Terms for Technology Agreements If FCPS executes or accepts any software license, subscription agreement, or similar document, the terms of this Contract shall control in all respects in the event of any conflict, unless a specific provision is expressly waived or modified by written amendment executed by FCPS.

v. No Click-Through Acceptance The Contractor shall not require FCPS personnel or users to accept any click-through, browse-wrap, or similar agreement as a condition of access to or use of any product or service, unless such terms have been reviewed and approved in accordance with this Section. Any such acceptance shall not be binding on FCPS.

15. PROTESTS

a. The Purchasing Manager shall attempt to resolve, informally, all protests related to solicitations or recommendations for award. Bidders and offerors are encouraged to promptly present concerns to the Contract Manager or Purchasing Manager for consideration.

i. Any actual or prospective bidder or offeror who is aggrieved in connection with the solicitation or recommendation for award of a contract may submit a written protest to the Purchasing Manager. The written protest shall include:

a. Name, address, and contact information of the protestor;

b. The solicitation number and title;

c. Statement of reasons for the protest;

d. Supporting documentation to substantiate the claim;

e. The remedy sought.

ii. Protests related to the solicitation shall be submitted prior to the solicitation due date and time specified in the solicitation documents.

iii. Protests related to the recommendation for award shall be received by the Purchasing Manager within five (5) business days after the posting or issuance of the recommendation for award by FCPS and prior to Board approval of the award, if Board approval is required.

It is the responsibility of the bidder or offeror to monitor solicitation postings, recommendation notices, and Board meeting schedules.

iv. A bidder or offeror who fails to file a timely protest prior to Board approval of the award, where Board approval is required, shall be deemed to have waived any objection to the solicitation or award.

b. Upon receiving a protest, the Purchasing Manager shall inform the Associate Superintendent of Fiscal Services and/or legal counsel and shall confer with them prior to the issuance of a written decision regarding protests involving contracts or awards valued at $100,000 or greater.

c. The Purchasing Manager shall issue a written decision regarding the protest.

d. If the protestor disagrees with the Purchasing Manager’s decision, the protestor may address the

Board of Education of Frederick County during the public comment section of the Board meeting at which the award recommendation is scheduled for consideration, subject to applicable Board procedures and policies.

e. The decision of the Board of Education of Frederick County shall constitute the last action at the local level.

f. A bidder or offeror may appeal a decision of the Board of Education of Frederick County directly to the Maryland State Board of Education in accordance with Board Policy 105.11 and Maryland law.

16. CONTRACT DISPUTES

a. Any dispute arising under this Contract shall be decided by the Contract Administrator, the Contract

Manager and the Purchasing Manager, who will communicate their decision in writing and furnish a copy to the Contractor. This decision shall be final and conclusive unless, within 30 days, the Contractor furnishes a written appeal addressed to the Board of Education of Frederick County.

The Board of Education of Frederick County has the right to hear appeals as provided by Maryland law.

b. The Board of Education of Frederick County, or its duly authorized representative, will review the appeal to determine the appeal, and their findings shall be final and conclusive. In connection with any appeal proceeding under this clause, the Contractor will be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute, the Contractor shall proceed diligently with the performance of the Contract and in strict accordance with the FCPS staff’s decision. Exceptions are decisions determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as to imply bad faith, or not supported by evidence.

c. This clause does not preclude consideration of laws questioned in connection with the decision provided for above.

d. Nothing in this section shall be construed to waive any rights of appeal of judicial review available under Maryland law.

17. CONTRACT ASSIGNMENT

a. The Contractor shall not assign or transfer any portion of their interest or obligation under this

Agreement to any third party, without the prior written consent of the Contract Manager. Nothing herein shall be construed to create any personal or individual liability upon any employee, officer, or elected official of the Board of Education of Frederick County, nor shall this Agreement be construed to create any rights hereunder in any person or entity other than the parties to this Agreement.

b. The Contractor shall, when required, submit to the Contract Manager, in writing, the name of each subcontractor they intend to employ, the portion of the material to be furnished, their place of business, and any such information as may be required in order to know whether such subcontractor is reputable and reliable and able to furnish satisfactorily the material as called for in the specifications.

c. FCPS reserves the right to approve or disapprove all subcontractors to be employed on a project.

FCPS further reserves the right to approve or disapprove a change of subcontractor once an initial subcontractor has been approved. Any increased cost associated with the change of a subcontractor shall be the full obligation and responsibility of the Contractor.

d. The Contractor will not legally, or equitably, assign any of the funds payable under the contract, or its claim thereto, unless by, and with, the consent of the Contract Manager.

e. The Contractor will have the same provisions inserted into all subcontracts relating to the terms of the general conditions and other contract documents. Nothing contained in this contract shall create any contractual relations between any subcontractor and FCPS.

18. MULTI-YEAR CONTRACT

a. Any contract resulting from this solicitation that extends beyond a single fiscal year is contingent upon the appropriation and availability of funds by the Board of Education of Frederick County for each subsequent fiscal year.

b. FCPS shall not be obligated for payments beyond the fiscal year for which funds have been appropriated and made available.

c. In the event sufficient funds are not appropriated or otherwise made available to support continued performance of the contract in any fiscal year:

i. FCPS may terminate the Contract without penalty and without further obligation upon written notice to the Contractor;

ii. Such termination shall be effective at the end of the fiscal year for which funds were appropriated, or on such earlier date specified in the notice;

iii. The Contractor shall be paid only for goods delivered and accepted, or services satisfactorily performed, prior to the effective date of termination.

d. FCPS shall not be liable for:

i. anticipated profits;

ii. unperformed work;

iii. consequential damages;

iv. termination penalties; or

v. unamortized costs, unless expressly agreed to in writing by FCPS.

e. Nothing in this section shall be construed as creating a debt obligation of FCPS beyond funds lawfully appropriated and available for…