ATTACHMENT B - Solicitation Terms.Conditions.pdf

IFB No. 027-003 Printing and Distribution of Class Schedules

ATTACHMENT B

SOLICITATION TERMS AND CONDITIONS

This Solicitation and any subsequent award are further subject to:

1. CONTRACTOR’S/BIDDER’S RESPONSIBILITY

A. Bidders are advised to read the requirements very carefully to ensure that each requirement is understood. If in doubt, develop and submit applicable questions in writing to the contact at the Issuing Office. A Bidder’s misinterpretation of requirements shall not relieve the Bidder of the responsibility to address accurately the requirements of the IFB or to perform the Contract, if awarded.

B. PGCC will enter into a contractual agreement with the selected Contractor(s) only. The selected Contractor(s) shall be solely responsible for all services as required by this IFB. Subcontractors, if any, will be the responsibility of the Contractor(s) and the role of subcontractors must be clearly identified in the Bid. The use of a subcontractor(s) does not relieve the Contractor(s) of liability under a Contract.

2. REJECTION OF ACCEPTANCE OF BIDS

A. The College reserves the right to:

1. accept or reject any, or all Bids, in whole or in part;

2. waive minor irregularities; and

3. negotiate in any manner necessary to best serve the interests of the College.

B. Further, the College reserves the right to make a one award, multiple awards, a partial award, or no award at all. Bidders judged by the Procurement Officer not to be responsible or Bidders whose Bids are classified as not reasonably susceptible to being selected for award shall be so notified.

C. The College reserves the right to increase or decrease the quantities of any materials, equipment, supplies or services.

3. CANCELLATION OF THE REQUEST FOR BIDS

PGCC may cancel this IFB, in whole or in part, at any time.

4. INCURRED EXPENSES

PGCC shall not be responsible for any expenses that Bidders may incur in preparing and submitting Bids or in making oral presentations of their Bids, if required.

5. PAYMENT

The College issues payments on a net 30-day basis for PGCC approved invoices.

Payment provisions shall be in arrears, with late payment and interest calculated as provided by Maryland law. For purposes of determining whether a prompt-payment discount, if applicable, may be taken by PGCC, the starting date of such reckoning period shall be the later of the date of a properly executed invoice or the date of completion of service and/or delivery of product.

6. CONFIDENTIALITY

A. PGCC’s Information During the Procurement Process:

1. The selected Contractor may have access to, may obtain, or be given confidential information, including without limitation information concerning the College’s business strategies, political and legislative affairs, students, faculty, employees, vendors, contractors, customer lists, finances, properties, methods of operation, computer and telecommunication systems, and software and documentation.

Certain confidential information may be protected under the Family Educational Rights and Privacy Act (“FERPA”), the Gramm-Leach-Bliley Act, and the Maryland Public Information Act.

2. The selected Contractor must have administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of the PGCC’s confidential information. PGCC may conduct discussions with Bidders to evaluate their abilities and responsiveness to the IFB.

3. In order to facilitate the discussions and to allow Bidders to propose responsive solutions to PGCC’s needs and requirements, PGCC is willing to disclose certain confidential information to Bidders, including without limitation information concerning PGCC’s business strategies, political and legislative affairs, students, employees, vendors, contractors, customer lists, finances, properties, methods of operation, computer and telecommunications systems, and software and documentation (“Confidential Information”).

4. By submitting a Bid in response to this IFB, Bidders agree:

a. to use Confidential Information solely for purposes of responding to and discussing the IFB; and

b. not to disclose, permit or cause use of, or provide access to Confidential

Information to any third person or entity. Upon request by PGCC, Bidders may be required to sign a Non-Disclosure Agreement.

B. Bidder’s Information:

1. Bidders should give specific attention to the identification of those portions of the

Bid that the Bidder deems to be confidential, proprietary information, or trade secrets and provide any justification why such materials, upon request, should not be disclosed by the State under the Maryland Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.

2. Bidders are advised that, upon request for this information from a third party, the Procurement Officer is required to make an independent determination as to whether the information may or may not be disclosed to the requesting party. That decision will take into consideration the Bidder’s position regarding its Bid. A blanket statement by a Bidder that its entire Bid is confidential or proprietary will not be upheld.

7. MULTIPLE BIDS

Contractors may not submit more than one Bid, per service/program category.

8. ALTERNATE SOLUTION BIDS

Contractors may submit an alternate to the solution given in this IFB.

9. Contractor Responsibilities and Use of Subcontractors:

A. The College shall enter into contractual agreement with the selected Contractor(s) only.

The Contractors(s) shall be responsible for all products and/or services required by this IFB. PGCC will consider Bids that reflect primary and secondary service providers or a prime/subcontractor relationship. There should be proof of ability of the primary to manage a subcontractor and successfully coordinate the delivery of quality service and support in a timely manner.

B. Subcontractors, if any, shall be identified and a complete description of their role relative to the Bid shall be included. PGCC’s intent is not to direct the use of any subcontractor.

However, PGCC strongly encourages the Contractor to consider the utilization of local MBEs when possible. In addition, the Contractor may not contract with any such proposed person or entity to whom PGCC has a reasonable objection. Notification of such objection will be made by PGCC within fifteen (15) days of Contract.

C. The Contractor shall be fully responsible for the acts and omissions of its subcontractors and of persons directly or indirectly employed by them. The use of subcontractors does not relieve the Contractor of liability.

10. ACCESS TO CONTRACTOR RECORDS FOR QUALITY ASSURANCE AND

AUDITING PURPOSES

The Contractor and its principal subcontractors must provide access to pertinent records by College personnel or its representatives (including internal auditors, external auditors, representatives, and agents) to provide quality assurance and auditing.

11. ARREARAGES

By submitting a Bid, a Bidder shall be deemed to represent that it is not in arrears in the payment of any obligation due and owing the College, including the payment of taxes and employee benefits and that it shall not become so in arrears during the term of the Contract if selected for Contract Award.

12. TAXES

The Contractor shall exempt PGCC from taxes as applicable. Exemption Certificates shall be provided upon request.

13. IFB RESPONSE MATERIALS

All written materials submitted in response to this IFB become the property of PGCC and may be appended to any formal documentation that would further define or expand the contractual relationship between PGCC and the Contractor(s).

14. MARYLAND PUBLIC ETHICS LAW.

A. The Maryland Public Ethics Law, at Maryland Annotated Code, General Provisions

Article, §5-503 prohibits, among other things, State employees or officials (and in some cases, former employees), and businesses in which such an individual is employed or holds a financial interest, from submitting a bid to, negotiating a Contract with, or entering into a contract with the governmental unit with which the individual is affiliated.

B. If the Bidder has any questions concerning application of Maryland Public Ethics law to the Bidder's participation in this procurement, it is incumbent upon the Bidder to seek advice from the Maryland State Ethics Commission, 45 Calvert St, 3rd Floor, Annapolis, Maryland 21401.

C . For questions regarding the applicability of this provision of the Maryland Public

Ethics Law, call the Maryland State Ethics Commission’s toll-free phone number, 877-669-6085, or see the website, http://ethics.maryland.gov. The Procurement Officer may refer to any issue raised by a Bid to the Mary land State Ethics Commission. The Procurement Officer may require the Bidder to obtain advice from the Maryland State Ethics Commission and may reject a Bid that would result in a violation of the Maryland Public Ethics law.

D. A resulting Contract is cancelable in the event of a violation of the Maryland Public

Ethics Law by a Contractor or any State of Maryland employee in connection with this procurement.

15. DURATION OF OFFERS

Bids (consisting of a Technical Bid and, if applicable, a Bid) shall remain irrevocable for 120 days following the Bid due date. This period may be extended by mutual agreement between the Bidder and the College.

16. CONFLICT OF INTEREST

A. The Contractor awarded the Contract shall provide the specified services for PGCC, and must do so impartially, and without any conflicts of interest. If the Procurement Officer determines that facts or circumstances exist that give rise to or could in the future give rise to a conflict of interest within the meaning of the provisions described in the Solicitation, the Procurement Officer may reject a Contractor’s Bids.

B. Contractors should be aware that the Maryland Public Ethics Law, Maryland

Annotated Code, General Provisions Article, Title 5 might limit the selected Contractor’s ability to participate in future related procurements, depending upon specific circumstances. Refer to Paragraph 14 above. By submitting a response to the Solicitation, the Contractor affirms its understanding and compliance with this clause.

17. INSURANCE

All Contractors/Vendors shall maintain in full force and effect the following minimum insurance coverages to protect against the risks associated with the performance of services:

A. General Liability Insurance

1. Each Occurrence Limit: $1,000,000

2. Damage to Rented Premises: $100,000 (each occurrence)

3. Medical Expense Limit: $5,000

4. Personal and Advertising Injury Limit: $500,000

5. General Aggregate Limit: $3,000,000

B. Products/Completed Operations, if applicable: $1,000,000 limit

C. Auto Liability (owned, hired, and non-hired), if applicable: $1,000,000 combined single limit

D. Bodily Injury/Property Damage: $1,000,000 each accident

E. Excess/Umbrella Liability: $2,000,000 per occurrence and aggregate

F. Workers’ Compensation and Disability: Statutory Minimums

G. Employer’s Liability

1. Bodily Injury Accident: $500,000 each accident

2. Bodily Injury by Disease: $500,000 each employee

H. All insurance procured must be from an insurance company possessing a minimum A.M. Best’s Insurance Guide rating of A-VII. All insurance shall be purchased from and maintained with insurance company(ies) lawfully authorized to do business in the State of Maryland.

I. Certificates of Insurance naming Prince George’s Community College as an “Additional Insured” and showing such coverage obtained by LICENSEE then in force (but not less than the amounts shown above) shall be filed with the College within thirty (30) days prior to award. These certificates shall contain a provision that the policies and the coverage afforded will not be canceled without at least thirty (30) written days’ notice to the College. A certificate of insurance must be accompanied by copies of all required endorsements, including Additional Insured, Primary & Non-Contributory and Waiver of Subrogation. A certificate alone is not sufficient evidence of coverage.

J. Prince George’s Community College and Prince George’s College Board of Trustees” shall be included as “Additional Insured” in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidence herein shall be Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy’s provisions. The certificates must contain a provision that the policies and coverage afforded will not be canceled until at least thirty (30) days after written notice of cancellation is provided to the College. A certificate of insurance must be accompanied by copies of all required endorsements, including Additional Insured, Primary & Non-Contributory and Waiver of Subrogation. A certificate alone is not sufficient evidence of coverage.

K. At the College’s sole discretion, the College may require the Contractor to procure additional coverage not listed at any time during the life of the Contract to ensure the Contactor has adequate coverage for performance.

L. Certificate of Insurance Tips

The full name and address of the College must be listed as the Certificate Holder:

Prince George’s Community College 301 Largo Road Largo, MD 20744

The Office of Risk and Insurance requires the following items to be included in the

Description of Operations:

1. The Contract or agreement number. This can be found on your quote or at the bottom of your Contract.

2. The following text:

a. Prince George’s Community College shall be included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein is Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy’s provisions. A Waiver of Subrogation is granted in favor of Certification Holder in accordance with the policy.

b. Certificate of Insurance must be provided for each event requested at PGCC.

c. Contracts will not be sent for final signature until we have COI and copies of all required endorsements, including Additional Insured, Primary & Non- Contributory and Waiver of subrogation in hand.