Child_Care_Before_&_After_Care_Services_(Addendum_#2_Revision).pdf

24-031

CHILD CARE / BEFORE & AFTER CARE SERVICES

Charles County Government

200 Baltimore Street

La Plata, MD 20646

RELEASE DATE: March 7, 2024

RESPONSE DEADLINE: April 10, 2024, 11:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/charlescountymd

Child Care / Before & After Care Services

I. INTRODUCTION

II. PROPOSAL INSTRUCTIONS

III. TECHNICAL PROPOSAL SUBMISSION CONTENT

IV. ORIGINAL PROPOSAL SUBMISSION CONTENT

V. PROPOSAL EVALUATION PANEL AND CRITERIA

VI. AWARD AND CONTRACT FORMATION

VII. GENERAL PROVISIONS

VIII. SPECIAL PROVISIONS

IX. PROPOSAL ITEM DESCRIPTIONS

X. PROPOSAL SUBMITTALS

XI. COST PROPOSAL FORM

XII. INSURANCE

Attachments:

A - Sample Contract - Term & Renewals Specified

B - BASCC Sites

C - Port Tobacco Center

D - Current Weekly Rates

Title: Child Care / Before & After Care Services #24-031

1. INTRODUCTION

1.1. Summary

The County Commissioners of Charles County are hereby requesting proposals from qualified contractors for the operation of a licensed year-round childcare program at the Charles County Government, Department of Community Services building, located at 8190 Port Tobacco Road in Port Tobacco, Maryland (Port Tobacco Center) and a licensed Before and After School Child Care

(BASCC) program in the County’s Elementary Schools.

The Contractor will operate in accordance with Regulations for Group Day Care Centers as guidance for the provisions of care and will work with the Maryland State Department of Education Office of Child Care Licensing and Regulation to ensure that all licensing requirements are satisfactorily met.

Minimum and maximum enrollment at each site is determined by the Maryland State Department of Education Office of Child

Care Licensing and Regulation in consultation with the Charles County Department of Community Services.

The Contractor will provide services that meets and exceeds licensing standards, provide exceptional customer service and quality child care service at the lowest possible cost to participants. The Contractor must accept purchase of care vouchers from government agencies.

1.2. Contact Information

The Purchasing Representative identified below is the SOLE POINT OF CONTACT at Charles County Government for this procurement. All communication between offeror and Charles County Government shall be with the Purchasing Representative until a fully executed contract is delivered to the Contractor. Offerors or any of their authorized representatives may not initiate contact with Charles County Government or County Consultants other than the Contact identified below, for any reason during the bidding process or prior to full contact execution. Any communication outside this process may result in disqualification.

Yaffa Seiden Assistant Chief of Purchasing 200 Baltimore Street, Room B130 La Plata, MD 20646 Email: seideny@charlescountymd.gov Phone: (301) 645-0656

Department:

CS - Community Services

1.3. Timeline

NOTE: Times and dates are subject to change due to extenuating circumstances, including inclement weather. Offerors may obtain

County operating status by calling 301-645-0600 (meeting times cannot be verified at this number) or by referring to County operations status updates on the Charles County Government website at http://www.CharlesCountyMD.gov.

Release Project Date March 7, 2024 mailto:seideny@charlescountymd.gov tel:(301)645-0656 http://www.charlescountymd.gov/

Pre-Proposal Meeting Registration

Deadline

March 19, 2024, 12:00pm Firms must register in advance to attend the optional pre-proposal meeting via the County's eProcurement Portal RSVP Manager. Firms that have registered timely will receive participation instructions. If multiple attendees from your firm will be attending the meeting, please have each individual complete the eProcurement Portal RSVP

Manager process.

Pre-Proposal Meeting (Non-Mandatory) March 20, 2024, 9:00am The pre-proposal meeting is optional. Firms that registered timely and via the County's eProcurement

Portal RSVP Manager will receive participation instructions. The attendance roster will be published on the County's eProcurement Portal.

Question Submission Deadline March 27, 2024, 8:00am Questions shall be submitted via the eProcurement

Portal Question & Answer feature prior to the due date and time specified. The County will not provide responses to questions received after the deadline.

Proposal Submission Deadline April 10, 2024, 11:00am

2. PROPOSAL INSTRUCTIONS

2.1. Proposal Submission Conditions

Charles County Government is accepting electronic proposal submissions. Offerors shall create a FREE account with OpenGov

Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, click on

"Draft Response" and follow the instructions to submit the electronic proposal via the County's eProcurement Portal.

Proposals shall be submitted by the date and time specified. Late proposals will not be accepted. Submission, modification, or withdrawal of proposals after the due date/time will not be considered.

It is the Offerors’ sole responsibility to ensure that proposals are delivered via County's eProcurement Portal. Offerors shall give yourself adequate time to submit a response. Any technical difficulties or uncertainty with the submittal process will not be cause for accepting a response that was not submitted timely. The County is only accepting electronic submittals. Delivery methods by courier, in-person hand delivered, United States Postal Service, United Parcel Service or Federal Express, and other methods of delivery shall not be accepted. Any proposals not received timely will not be considered.

Proposals shall be valid and irrevocable for a minimum of one hundred-twenty (120) days from the due date. An Offeror may submit only (1) proposal in response to this RFP. Offerors shall monitor the County's eProcurement Portal for schedule changes issued via addendum.

2.2. Solicitation Events

A. Pre-Proposal Meeting Registration Deadline: Refer to the Timeline section for date, time, location, participation and registration requirements. Firms that have registered timely will receive participation instructions.

B. Pre-Proposal Meeting: Firms that registered timely will receive participation instructions. Refer to the Timeline section for date, time, and location, participation, and registration requirements. The attendance roster will be published on the

County's eProcurement Portal.

C. Last Day for Questions: The County will not provide responses to questions received after the deadline to submit questions specified in the Timeline section.

D. Proposal Submission Deadline: Refer to the Timeline section for the date and time proposals must be received by.

Offerors must have an account or create a FREE account with OpenGov Procurement to submit a proposal.

2.3. Offeror Certification of Acceptance

By submitting a proposal in response to this RFP, the Offeror certifies their acceptance of all terms and conditions set forth within this document, which will be made a part of the final contract documentation. All work, if any, shown on the contract drawings, specifications, and reports referenced in the RFP or any Appendices is made part of this solicitation package.

2.4. Incurring Costs

The County is not liable for any costs incurred by the Offeror prior to full execution of the contract.

2.5. Additions/Modifications to Solicitation Forms

Modifications of or additions to the Cost Proposal Form or any other County form may be cause for rejection of the proposal, however, the County reserves the right to decide, on a case by case basis, in its sole discretion, whether or not to reject such a proposal as nonresponsive. As a precondition to proposal acceptance, the County may, in its sole discretion, request that the Offeror withdraw or modify any such modifications or additions which do not affect quality, quantity, price, or delivery.

2.6. Alternate Offers

Offerors must bid only one (1) product and one (1) price per proposal item even though they feel they can offer more than one item that will meet the specifications. Offeror must determine for themselves which to offer. If an Offeror submits more than one (1) product and/or more than one (1) price for a given proposal item or items, it may be cause for the proposal items or items being bid upon to be considered non-responsive and rejected.

https://procurement.opengov.com/signup https://procurement.opengov.com/portal/charlescountymd/projects/82463 https://procurement.opengov.com/portal/charlescountymd/projects/82463 https://procurement.opengov.com/portal/charlescountymd/projects/82463 https://procurement.opengov.com/portal/charlescountymd https://procurement.opengov.com/portal/charlescountymd/projects/82463?section=735654

2.7. "Or Equal" Interpretations

Identification of an item by manufacturer’s name, trade name, catalog number, or reference is intended to be description but not restrictive in that it is used for the purpose of describing the type, style, quality, performance and minimum specifications of the product desired, and shall not be interpreted to mean the only acceptable product. Proposals on other makes and/or models will be considered provided in the Cost Proposal Form what is being proposed and forwards with the proposal complete descriptive literature indicating the character of the article being offered and addressing all specifications of this solicitation.

The County reserves the right to accept or reject, in its sole discretion, items offered as an “equal”.

2.8. Offeror Investigation

Prior to submitting a proposal, each Offeror shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract and to verify any representations made by the County that the

Offeror will rely upon. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful Offeror from its obligation to comply in every detail with all provisions and requirements of the contract documents or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the successful Offeror.

2.9. Sole Point of Contact

The Purchasing Representative identified in the Introduction section is the SOLE POINT OF CONTACT at Charles County

Government for this procurement. All communication between Offerors and Charles County Government shall be with the

Purchasing Representative until a fully executed contract is delivered to the Contractor. Offerors or any of their authorized representatives may not initiate contact with Charles County Government or County Consultants other than the Contact identified on the Introduction section, for any reason during the bidding process or prior to full contact execution. Any communication outside this process may result in disqualification.

2.10. Questions

All inquiries/questions concerning technical or bidding information shall be directed via OpenGov Procurement Question &

Answer feature prior to the due date and time specified in the Introduction section . In the event an Offeror has multiple questions, each question must be submitted individually. Please include the section number and title for each question, if applicable. All questions submitted and answers provided will be electronically distributed to offerors following this solicitation on the County's eProcurement Portal. The County will not provide responses to questions submitted after the due date and time specified in the Introduction section. The person submitting the request will be responsible for its prompt delivery. Questions and answers are provided for informational purposes only and are not part of any resulting contract from this solicitation.

2.11. Addenda and Supplements

In the event that it becomes necessary to revise any part of this solicitation, or if additional information is necessary to enable the

Offeror to make an adequate interpretation of the provisions of this solicitation, a supplement to the solicitation will be issued. The

Offeror shall acknowledge in their proposal, the receipt of all addenda, supplements, amendments, or changes to the solicitation that were issued by the County. Oral statements made by County personnel shall not bind the County in any manner whatsoever and cannot be used to protest or otherwise challenge any aspect of this solicitation or subsequent agreement.

Any interpretation, correction, changes to the solicitation will be made only by addendum duly issued and will be posted on the County’s eProcurement Portal found at www.CharlesCountyMD.gov. Click on Any and all addenda issued prior to the proposal due date/time shall become a part of the contract documents and shall be covered in the Offeror’s proposal prices, unless an alternate schedule is presented by addendum. It is the responsibility of the Offeror to check the County's eProcurement Portal as frequently as necessary to obtain all updates and addenda to the solicitation.

2.12. Ability to Perform

Offeror shall have the capability to perform classes of work contemplated, having sufficient capital to execute the work properly within the specified time. The County reserves the right to request any additional information, utilize references not provided by a

Offeror, and validate any information provided by an Offeror by any means deemed necessary by the County for the purpose of determining the Offeror’s ability to perform the services described herein.

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2.13. Errors

Any errors in computations may be corrected during the County’s review of the proposal. The County shall not be responsible for

Offeror computation errors contained on the Cost Proposal Form. All values contained on the Cost Proposal Form remain the responsibility of the Offeror. Where the unit price and the extension price are at variance, the unit price will prevail. In the event that the unit price is not provided, the unit price shall be the extended price divided by the quantity. Errors on any forms submitted remain the sole responsibility of the Offeror.

2.14. County Rights/Disclaimers

The County exclusively reserves the right, but is not limited to the following actions:

A. Reject any or all proposal submissions;

B. Issue a new RFP;

C. Cancel, modify, or withdraw the RFP;

D. Issue addenda, supplements, and modifications to this RFP;

E. Modify the RFP process (with appropriate notice to offerors as described herein);

F. Appoint an Evaluation Committee and evaluation teams to review proposal submissions, G. Approve or disapprove the use of particular subcontractors and/or substitutions and/or changes in proposal submissions;

H. Revise and modify, at any time before the Proposal Due to County date, the factors it will consider in evaluating proposal submissions and to otherwise revise or expand its evaluation methodology. If such revisions or modifications are made, the County will publish an addendum. The County may extend the RFP due date if such changes are deemed by the

County, in its sole discretion, to be material and substantive;

I. Seek or obtain data from any source that has the potential to improve the understanding and evaluation of the RFPs;

J. Disqualify any team that changes its Proposal Submission without County written approval;

K. Retain ownership of all materials submitted in hard-copy and/or electronic format.

2.15. Rejection of Quotes/Bids/Proposals

The County exclusively reserves the right, but is not limited to the following actions:

A. Evidence of collusion among offerors.

B. Lack of competency revealed by financial statements, experience, equipment statements, or other factors.

C. Lack of responsibility as shown by past work, judged from the standpoint of workmanship as submitted or from previous experience with the offeror.

D. Default on a previous similar contract for failure to perform.

E. Being delinquent in payments due to Charles County Government.

F. Exceptions or exclusions to the requirements of the solicitation.

G. Failure to be in “Good Standing” with the State of Maryland.

H. Previous substandard performance on a County contract.

I. Failure to perform properly or to complete, in a timely manner, contracts of a similar nature, or if investigation shows the offeror unable or unlikely to perform the requirements.

J. Failure to furnish information requested by the County.

The County reserves the right to reject any/all proposals, to waive irregularities and/or informalities in any proposal, and to make award in any manner, consistent with law, deemed in the best interest of the County.

2.16. Good Standing Requirements

In order to be eligible for award, Offerors shall meet the following conditions prior to contract award:

A. Their firm is not debarred, suspended, or otherwise ineligible for participation in government procurement by the federal government, the State of Maryland, or any other state, county, or municipal government.

B. All payments to Charles County Government have been paid and are not delinquent.

C. Their firm is in “good standing” with the State of Maryland Department of Assessments and Taxation.

2.17. Notifications

Legal notice given by the County to the Offeror shall be sent to the Offeror's contact information provided in the County's eProcurement Portal. Notice given by the County by any of the following:

A. A communication delivered by MAIL shall be deemed as having been received by the addressee three (3) business days after the date of mailing.

1. UPS or FedEx or other delivery service; or

2. USPS first class postage mail; or

3. USPS certified, or

4. USPS registered mail.

B. A communication delivered by email shall be deemed as having received by the addressee the same day the email was sent.

2.18. Negotiations

The County may negotiate contract terms, price, statement of work, or other conditions that results in the most advantageous outcome for the County. In the event an agreement satisfactory to the County cannot be negotiated, the County may terminate negotiation and move to another Offeror.

3. TECHNICAL PROPOSAL SUBMISSION CONTENT

Cost information shall not be included in the Technical Proposal.

3.1. Technical Proposal Instructions

At a minimum, each technical proposal shall include the following items in the stated order; all pages shall be numbered; using font size of eleven (11) point or larger, printable one sided on 8.5” x 11” size paper and all the listed components must be included.

Do not provide references to other section/tabs, documents or websites for the information required; information should be specifically included in the RFP response. Technical proposals which do not include all components or use the proper format may be considered non-responsive and therefore not reviewed or considered for award.

Provide a Table of Contents with the specified tabs, page numbers, and content below for each tab.

3.2. Tab 1 - Approval of Governing Body

Letter or memo which states that you have the approval and support of your governing body to submit such proposal.

3.3. Tab 2 - Proposed Program

A. Qualifications

1. Name of organization, address, phone number, and contact person.

2. Detailed statement of applicant’s experience in child care or related field, organization capability statement.

3. Statement of financial responsibility.

4. Salary and staffing pattern for Center Director, Group Leaders, Assistants, Aides, and

Substitutes.

5. Center Director's name and phone number.

6. Building Manager’s name and phone number.

7. List Charles County agencies with whom organization has had cooperative relationships, and a description of the nature of such relationships (if applicable).

B. Program

1. Describe your firms’ philosophies and objectives.

2. Describe the following regarding your firms’ personnel:

▪ Staff Selection Criteria,

▪ Position Descriptions; and

▪ Additional Personnel Policies

3. Describe the following regarding your firms’ parent involvement policies:

▪ Parent access to program policies and premises, and

▪ Parent consultation program

4. Describe the following regarding your firms’ program description:

▪ Proposed activities schedule by age group consistent with ability and age appropriateness,

▪ Description of food service plan,

▪ Number of ages served,

▪ Staffing pattern,

▪ Curriculum model,

▪ Behavior management policy,

▪ Field trips and associated transportation,

▪ On-line/Internet access program,

▪ Special program features,

▪ Additional program offerings/enhancements,

▪ Readiness for development of program for children with special needs, and

▪ Appeals process for denials

5. Describe the following special program components:

▪ Part-time, occasional care,

▪ Children with special needs, and

▪ Ethnically diverse participants and families

6. Describe the marketing and promotional activities, support, plans, etc.

7. Define the hours and days of operation.

8. Describe the recruitment/admission procedures; method for ensuring priority placement for children of County employees

9. Describe the start-up/transition plan

10. Program evaluation and monitoring plan

C. Implementation Timeline

1. Provide a proposed timeline for services to begin. The timeline will include details on anticipated timing for required licensing, hiring of staff, and furnishing of materials/equipment necessary. A shorter timeline is preferred to minimize a gap in services for families currently utilizing the services.

3.4. Tab 3 - Firm Experience

A. If Offeror currently operates other programs, provide a list with name of program, address, hours of operation, ages of children served, and number of children served.

B. Most recent program review reports of existing programs from regulatory agencies and/or professional evaluations; plans for independent program evaluation.

3.5. Tab 4 - Additional Items

Other information you think is important for consideration in the evaluation of proposals.

4. ORIGINAL PROPOSAL SUBMISSION CONTENT

Any information identified as “Confidential” shall be noted by reference and appended to the Proposal Submission. Each item identified as “Confidential” shall be accompanied by an explanation. Refer to Public Information Act/Confidentiality Notice section.

A complete original proposal package shall include all information and forms identified on the County’s eProcurement Portal, including but not limited to:

4.1. Original Proposal Instructions

The original proposal shall be considered the items listed in this Section. All forms must be completed. signed, and submitted.

Indicate "NA" on the form if it is "Not Applicable" and sign and date it. Original proposals which do not include all components or use the proper format may be considered non-responsive and therefore not reviewed or considered for award.

4.2. Cost Proposal Form

Proposal pricing shall be submitted on the Cost Proposal Form. All cost columns of the table shall be fully completed to be able to submit a proposal response. All pricing shall be rounded to the nearest whole cent (e.g. $.01). There shall be no hidden costs.

Prices shall include all profit, overhead, equipment, transportation cost, etc. An Offeror may only submit one (1) Cost Proposal

Form in response to this solicitation. Each item on the form shall contain only one value. “Or Equal” items, if applicable, shall be noted on the Cost Proposal Form.

4.3. Reference Form

Offeror shall be required to complete and submit the County provided Reference Form. A qualified Offeror must have requisite experience for the work as described in Special Provisions and must be actively engaged as a legal entity in this field for a period of no less than five (5) years at the time of bidding. Offerors shall demonstrate their experience on the Reference Form. Offerors shall provide no less than five (5) projects completed within the past five (5) years of equal or greater magnitude, as deemed acceptable by the County at its sole discretion, as specified in Item A below. All blank spaces of the form shall be fully completed in legible ink or typewritten.

As applicable: On-going service contracts for the services specified may be considered a “Completed” project if the base term of the contract has been fully completed, purchase orders issued and tasks fully completed during the contract term, and the contract renewed by the issuing agency. Each Offeror is solely responsible for providing any and/or all information/documents demonstrating completion and/or requested by the County in order to confirm the validity of references provided.

A. A minimum of five (5) completed representative projects that demonstrate the Offeror's experience in all of the following areas:

1. Comparable in size and scope.

2. Provide before and after school childcare services in at least twenty (20) elementary school sites simultaneously.

3. Provide year-round childcare services at at least one (1) site.

4.4. Minority Women Business Enterprise (MWBE) Program - MWBE Utilization Affidavit

Form

This form shall be completed in legible ink or typewritten and signed. “NA” shall be noted on the form if it is Not Applicable.

Charles County Government has established an MWBE Program which applies to all formal solicitations. There is an aspirational goal of 25% MWBE participation for each project. Certified MWBEs are encouraged to respond.

The County recognizes, as Minorities, the following groups: African Americans; American Indians/Native Americans; Asians;

Hispanics; Women; Physically or Mentally Disabled persons and Disabled American Veterans. The County will automatically recognize MWBE status for any firm certified by the Maryland Department of Transportation (MDOT), Federal 8-A registration or Charles County Government.

The awarded Offeror(s) shall be required to report MWBE Utilization to the County post award on the County’s “MWBE

Utilization – Post Award” form, if they have proposed any MWBE usage.

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The directory is available on the Economic Development Department website at https://www.meetcharlescounty.com/. Offerors can contact the Economic Development Department by phone at 301-885-1340 extension 2202.

4.5. Small Local Business Enterprise (SLBE) Program – SLBE Certification Form and SLBE

Letter of Intent

This form shall be completed in legible ink or typewritten and signed. “NA” shall be noted on the form if it is Not Applicable.

Charles County Government has established a Small Local Business Enterprise (SLBE) Program, which registered Charles County

SLBE firms responding to this solicitation may receive a preference in accordance with the provisions of the Program that may apply to a formal solicitation resulting in an award of less than $500,000.00 if they:

• Are registered in the Charles County SLBE Program and eligible in all other respects, at the time the firm’s proposal is submitted.

• Complete the attached SLBE forms and indicate their SLBE status.

• Are susceptible for award for a contract valued less than $500,000.00.

Registered Charles County SLBEs must meet all the same requirements of non-SLBE Offerors. Firms must have completed the registration process and have achieved full SLBE status by the due date for proposals, in order to receive consideration as a SLBE during the evaluation of proposals.

The directory is available on the Economic Development Department website at https://www.meetcharlescounty.com/. Offerors can contact the Economic Development Department by phone at 301-885-1340 extension 2202.

4.6. Intended Sub-Contractors Form

This form shall be completed in legible ink or typewritten and signed. “NA” shall be noted on the form if it is Not Applicable.

4.7. Non-Collusion Affidavit Form

This form shall be completed in legible ink or typewritten, signed, and notarized.

4.8. Addendum Certification

Offerors shall be required to acknowledge the addenda when responding to this request for proposals.

https://www.meetcharlescounty.com/ https://www.meetcharlescounty.com/

5. PROPOSAL EVALUATION PANEL AND CRITERIA

All materials, conferences, proposals, and other matters related to this project shall remain confidential until the contract is executed with the selected firm. The County may use any appropriate technical resources to assist during any part of the evaluation process.

5.1. Responsiveness Review

The County will review the proposal for minimum responsiveness criteria. Proposals that do not meet the minimum responsiveness criteria may be rejected as non-responsive, at the sole option of the County. Any deficiencies will be reviewed and determined by the Chief of Purchasing.

5.2. Evaluation Criteria

Proposal evaluation will include, but is not limited to, the following:

Item

Evaluation Criteria Description Points

1 Qualifications:

• Approval of Governing Body

• Firm Experience

• Additional Items

2 Proposed Program 20

3 Implementation Timeline 10

4 Price 40

5 Total 100

5.3. Evaluation

Offerors’ proposals will be evaluated by an evaluation committee who will evaluate and score the proposals in accordance with the criteria specified above. The County reserves the right to conduct the evaluation in any manner considered in the best interest of the County. The County may utilize any information obtained as a result of reference checks, proposal clarification or additional information requests, offeror negotiations or any other means deemed necessary at the sole discretion of the County to identify the proposal that best meets the County’s needs.

6. AWARD AND CONTRACT FORMATION

The County reserves the right to award a contract by individual items, in the aggregate, or in any combination thereof, or to reject any or all proposals and to waive any informality in proposals received whenever such rejection or waiver is in the best interest of the County. Any contract awarded is contingent upon completion of the protest period.

6.1. Award of Contract

The County intends to award this solicitation on the basis of a combination of the evaluation of the Offerors’ experience and qualifications, as well as the proposed price (Sum of Items A, Items B, and Items C). Award will not be based upon cost alone, and this solicitation does not commit the County to award a contract or to award to that firm which has submitted the lowest fee.

The evaluation criteria may include: the Offeror’s demonstration of their understanding of the work to be performed, past experience, technical ability, other resources, qualifications of personnel, results of reference checks, and record of similar work performed satisfactorily. In addition, the County reserves the right to accept any proposal either in part or in its entirety.

At any time, the County may request an offeror to provide additional items such as: additional information, clarification, references, interviews/presentations, and any other documentation needed to assist the County in the award selection process. Failure of an offeror to furnish requested information may constitute grounds for determining an offeror as non-responsive at the sole option of the County. Any contract awarded is contingent upon completion of the protest period.

The County reserves the right to reject any/all proposals, to waive irregularities and/or informalities in any proposal, and to make award in any manner, consistent with law, deemed in the best interest of the County.

6.2. Term of Contract

The Contractor(s) selected shall provide the services and all requirements contained herein for a base period commencing on July

1, 2024, after expiration of the award protest period, unless notified otherwise in writing by the County and end June 30, 2025, with four (4) optional 1-year renewals at the sole option of the County. Each 1-year renewal shall commence on month day and end on month day of the same/following calendar year.

This contract shall be automatically renewed unless notice of nonrenewal shall be made to the Contractor by Charles County

Government or to Charles County Government by the Contractor at least forty-five (45) calendar days prior to the contract anniversary date which is the date in the Notice to Proceed, contract begin date, or otherwise indicated by Charles County

Government.

6.3. Pricing Adjustment for Extension Years

Unit prices under the resulting Contract shall remain firm through the base term. Proposal price increases may be adjusted at the beginning of each renewal at the written request of the Contractor to the Director of the Department of Community Services and shall not exceed five-percent (5%) of the current prices. The Director of the Department of Community Services may approve or reject in whole or in part any price increase request.

6.4. Quantity Contracts Awarded

The County intends to award a contract to one firm. The contract entered into with the successful offeror shall meet all standard provisions required by the County.

The County intends to contract with a single firm and not with multiple firms doing business as a joint venture. Where two or more

Offerors desire to submit a single proposal in response to this RFP, they should do so on a prime-subcontractor basis rather than as a joint venture.

6.5. Contract Execution

The successful Offeror to whom the contract shall have been awarded shall be required to execute the County contract (or as authorized by the County) and shall furnish all requirements due at contract execution, which may include, but is not limited to performance bonds and/or payment bonds, insurance certificates, equipment inspections, licenses, etc., as specified herein.

6.6. Contract Documents

All work under this project shall be in accordance with the contract documents. The Contract documents for this project includes, but is not necessarily limited to, this solicitation package, project plans and specifications as shown in RFP and other referenced ordinances, manuals and specifications. Contract Documents shall also include:

A. All written modifications, amendments and change orders to this Agreement issued in accordance with the General

Provisions.

B. Contractor’s proposal and accompanying exhibits submitted in response to the County’s Project Criteria and

Solicitation; and any solicited and/or unsolicited Alternates to the Solicitation accepted by the County in writing.

The Contract Documents are intended to permit the parties to complete the work and all obligations required by the Contract

Documents within the specified time(s) for the proposal price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the

County will make a determination on which item of discrepancy shall take precedence. Within listed documents or group of documents, the later dated shall have precedence over the earlier requirements, and specific requirements shall have precedence over the general requirements.

6.7. Default and Suspension

If an Offeror who has been selected for award and offered a contract refuses or fails to execute the contract and/or fully comply with all requirements of this solicitation within fourteen (14) consecutive calendar days after receipt of formal notice of intent to award or an alternate date specified by the Chief of Purchasing, the Offeror may be considered to have defaulted with respect to execution of the contract, and to have abandoned all rights and interests in the contract. In such instance the bid security, if any, may be declared forfeited to the County without further notice to the Offeror. In the event of such default, award may then be made to another Offeror determined to be in the best interest of the County, or the solicitation may be cancelled and/or re-advertised for proposals as deemed if deemed in the best interests of the County.

A Contractor, who has executed a contract with the County, may be considered to have defaulted in the performance of the Contract, by: failure to comply with the requirements of the contract, sub-standard performance, failing to complete the contract, and/or by other significant errors and omissions as determined by the Project Manager and the Chief of Purchasing. In such instance, the

Contractor’s performance and/or payments bonds, if any, may be exercised, and the Contract terminated and awarded to another

Offeror if determined to be in the best interest of the County.

An Offeror/Contractor, who has defaulted as discussed above, may be declared by the Chief of Purchasing to be ineligible to bid on future County solicitations for a period of up to two (2) years from the date the County determined the Offeror/Contractor to have defaulted. This determination by the Chief of Purchasing shall be final, and not subject to appeal.

6.8. Offeror/Award Protests

A. All protests made pursuant to solicitations must be in writing and delivered to the Chief of Purchasing within the timeframes specified:

1. Protests must be delivered to the Chief of Purchasing no later than ten (10) consecutive calendar days after the basis for the protest (i.e. notification of rejection of Offeror's proposal, notification of removal of Offeror from consideration, etc.) is known or should have been known, whichever is earlier.

2. If protesting contract award, the protest must be delivered to the Chief of Purchasing within ten (10) consecutive calendar days after the Purchasing Division has publicly posted the proposed contract award. This provision shall only apply to “aggrieved” Offerors.

3. If Offeror seeks as a remedy the cancellation or amendment of the solicitation, the protest must be delivered to the

Chief of Purchasing before the submission date for quotes/bids/proposals.

4. If the County is closed for business at the due date and time, for whatever reasons, protests will be accepted on the next business day of the County prior to 12:00 p.m. (Eastern Time).

Protests shall be considered timely only if received in the Purchasing Division office prior to close of business within the timeframes specified above.

B. All protests made pursuant to solicitations shall be delivered to the Chief of Purchasing:

ATTN: Chief of Purchasing, Purchasing Division (Room B130) 200 Baltimore Street, La Plata, Maryland 20646

C. Each protest must contain a protest filing fee in the amount of $500 (US currency); if the fee is paid by check, then the check must be made out to “Charles County Government”. The Chief of Purchasing, may, at his sole election, return the filing fee to the protesting Offeror, if the protest is sustained. Filing fees for unsustained protests shall not be returned.

The Chief of Purchasing must dismiss any protest not timely received.

D. Only an Offeror that is “aggrieved” is eligible to file a protest. Aggrieved means that the Offeror who is filing the protest is susceptible for an award of the contract if the protest is sustained (e.g., a fourth ranked Offeror is not aggrieved unless the grounds for a protest, if sustained, would disqualify the top three ranked Offerors or would require that the solicitation be reissued). Each protest must contain the following: identification of the solicitation; the name, address and telephone number of the protesting Offeror; a statement supporting that the Offeror is aggrieved; and specification of all grounds for the protest, including submission of detailed facts and all relevant documents, citation to relevant language in the solicitation, regulations, or law relied upon; and, all other matters which the Offeror contends supports the protest. The burden of production of all relevant evidence, data and documents, and the burden of persuasive argument to support the protest is on the Offeror making the protest.

E. The Chief of Purchasing shall forward to the County Attorney, all protests timely received and appropriate information addressing the circumstances of the protest. The Chief of Purchasing shall also forward for the County Attorney’s information, all protests not timely received and/or otherwise ineligible, that was dismissed by the Chief of Purchasing.

F. The Chief of Purchasing, after consultation with the County Attorney, shall determine whether to sustain or reject the protest, and shall provide written notice of his determination to the Offeror making the protest, and to the County

Attorney. In the case of a sustained protest, the Chief of Purchasing, after consultation with the County Attorney, shall determine what remedy shall be taken to redress the protest. Decisions shall be final, and not subject to appeal.

6.9. Performance Evaluations

The County shall perform periodic performance evaluations, at the County’s discretion, on all work performed by the Contractor under this Contract. The Contractor shall have the opportunity to review performance evaluations upon request. Performance evaluations shall be maintained in the County’s contract files.

6.10. Assignment of Contract

The Contractor shall not sublet any portion of this contract or assign or transfer any interest in this contract without receiving prior written approval from the County, Chief of Purchasing.

6.11. Subcontractors

Subcontractors may not be used in the conduct of this contract without express written approval of the County. The County reserves the right to reject any subcontracted relationship if changes or additions of subcontractors are necessary during the life of the contract. Subcontracts for any portion of this contract must be clearly identified in the Offeror's proposal. Subcontracts are subject to Minority Business Enterprise (MBE) and Small Local Business Enterprise (SLBE) requirements detailed herein. Prime contractor shall perform a minimum of fifty percent (50%).

6.12. News Release

No news releases pertaining to this proposal request or the service, study, or project to which it relates will be made without County approval.

6.13. Public Information Act/Confidentiality Notice

Offeror should give specific attention and identification of those specific portions of their proposals which they deem to contain confidential and/or proprietary information. Such information must be individually noted as being confidential or proprietary, either at that location, or in a separate consolidated listing contained within the bid/proposal/quote and provide justification of why the material should not be subject to disclosure by the County upon request under the Maryland Public Information Act. Offerors may not declare their entire bid/proposal/quote package to be confidential or proprietary. Failure to provide specific identification and justification may result in the County releasing the information if requested to do so.

6.14. Campaign Finance Reform Act of 2013

The Maryland Campaign Finance Reform Act of 2013 dictates that vendors with single contracts of $200,000 or more shall file certain campaign finance-related disclosures with the Maryland State Board of Elections. Vendors shall certify that they have filed the requisite disclosure, and if the vendor fails to provide this certification, the County must notify the State. In the event of Contract award, the Contractor shall certify that campaign finance-related disclosures are filed with the Maryland State Board of Elections as applicable.

6.15. Holiday Schedule

The following holidays are observed by the County:

A. New Year's Day

B. Martin Luther Ling Jr's Birthday

C. Washington's Birthday

D. Good Friday

E. Memorial Day

F. Juneteenth

G. Independence Day

H. Labor Day

I. Indigenous People's Day

J. Veterans Day

K. Election Day (When Applicable)

L. Thanksgiving Day

M. Day After Thanksgiving

N. Christmas Day

6.16. Cooperative Purchasing

Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by the Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions.

The Mid-Atlantic Purchasing Team Cooperative Ride Clause is hereby incorporated into this solicitation. Refer to the County’s

Website at: https://www.charlescountymd.gov/home/showpublisheddocument/15127/638182853727870000 https://www.charlescountymd.gov/home/showpublisheddocument/15127/638182853727870000

7. GENERAL PROVISIONS

7.1. Definitions

Proposal: Response submitted to this solicitation, and shall be synonymous with the terms “offer”, “quote”, “bid”, etc.

Bid Bond: The security to be furnished by the offeror as a guaranty of good faith to enter into a contract with the COUNTY for the proposed work if such work is awarded to him.

Offeror: The person or persons, partnership, firm or corporation submitting a quote/bid/proposal for the work contemplated.

Commissioners: The County Commissioners of Charles County.

County: The County Commissioners of Charles County, Maryland.

Contract: The written agreement executed by the County Commissioners of Charles County and the successful offeror, covering the performance of the work and the furnishing of materials required in the construction of the project. The contract shall include instructions to offeror, proposal, general specifications, special provisions, drawings, performance bond, extra work orders and any other written instructions pertaining to the method and manner of performing the work.

Contingent Item: Any item listed on the plans or called for in the Special Provisions and included in the Proposal merely for the purpose of obtaining a contract price in case it may be needed.

Contracting Officer: The Director of the Using Department and includes a duly appointed successor or authorized representative.

Contracting Authority: The County Commissioners of Charles County.

Contractor: The person or persons, partnership, firm or corporation who enters into a contract awarded to him by the COUNTY.

Department: The authorized division or agency of Charles County Government responsible for the service or work for which the contract will be written.

Days: Calendar Days

Drawings: All drawings or reproductions there of pertaining to the construction of the work which are approved by the

CONTRACTING OFFICER.

Extra Work: A written order to the CONTRACTOR and signed by the CONTRACTING OFFICER, ordering a change in or an addition to the work from that originally shown by the drawings and specifications.

General Provisions: All requirements and provisions contained in this document.

Owner: The entity holding title or having vested interest in the property and rights associated with the property.

PAYMENT BOND: The approved form of security executed by the CONTRACTOR and his surety, guaranteeing payment of all labor, materials, supplies and rental of equipment reasonably required and used or consumed in the performance of the contract.

Performance Bond: The approved form of security executed by the CONTRACTOR and his surety, guaranteeing complete execution of the contract.

Proposal: The written offer submitted by the offeror in the required manner to perform the work contemplated.

Special Provisions: Statements modifying or changing the requirements or provisions of the General Specifications or adding new requirements or provisions thereto.

Specifications: The General Provisions, Special Provisions, and all written or printed agreements and instructions pertaining to the performance of the work and to the quantity and quality of the materials to be furnished under the contract.

7.2. Indemnification Clause

The Contractor shall protect, hold free and harmless, defend and indemnify Charles County, including its officers, agents, and employees from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, resulting from injury to, or death of, any person or damage to property of any kind, which injury, death or damage arises out of, or is any way connected with the performance of the work under this contract. This agreement shall apply to any acts or omissions, negligent conduct, whether active or passive, including acts or omissions of contractor’s agents or employees; except that this agreement shall not be applicable to injury, death or damage to the property arising from the sole negligence of Charles

County, it’s officers, agents and employees.

7.3. Governing Law

This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland.

7.4. Changes

A. The CONTRACTING OFFICER may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the work within the general scope of the contract, including but not limited to changes:

(1) In the specifications (including drawings and design);

(2) In the method or manner of performance of the work;

(3) In the COUNTY furnished facilities, equipment, materials, services, or site; or

(4) Directing acceleration in the performance of the work.

Any other written order or an oral order (which terms as used in this paragraph (B.) shall include direction, instruction, interpretation, or determination) from the CONTRACTING OFFICER, which causes any such change, shall be treated as a change order under this article, provided that the CONTRACTOR gives the CONTRACTING OFFICER written notice stating…