DBS025~1.PDF

De'Nerika Johnson, MBA, CPPO, NIGP-CPP Acting Director of Purchasing and Supply Services 13300 Old Marlboro Pike | Upper Marlboro, MD 20772 | 301-952 6560

IFB DBS025-23 Deliver, Furnish, Install and Repair Lockers, Locker Parts and Accessories

INVITATION FOR BID (IFB)

Deliver, Furnish, Install and Repair Lockers, Locker Parts and Accessories

ISSUED BY: The Department of Purchasing & Supply Services Attention: Vera Jones, Sr. Procurement Specialist

IFB NUMBER: DBS025-23

RELEASE DATE: December 21, 2023

PRE-BID MEETING: Not Applicable for this Solicitation

QUESTIONS DUE DATE/TIME: January 4, 2024 @ 2:00 p.m.

BID DUE DATE/TIME: January 18, 2024 @ 2:00 p.m.

DIRECT INQUIRIES TO: vera2.jones@pgcps.org eyvette.wright@pgcps.org

To All Prospective Bidders:

Prince George’s County Public Schools (PGCPS) is soliciting sealed bids from qualified vendors in response to IFB DBS025-23.

Solicitation Documents may be obtained by:

● Download the solicitation by accessing eMaryland Marketplace link:

https://ebidmarketplace.com/

● Download the solicitation by accessing the Prince George’s County Public School Board’s website at the following link: https://offices.pgcps.org/purchasing/bids.aspx

Please respond according to the instructions provided in the IFB. Bidders are cautioned not to make changes to any of the terms and conditions or specifications in this solicitation, doing so may render a Bidder’s bid unacceptable and subject to rejection.

The Department of Purchasing & Supply Services is not responsible for information obtained from sources outside the Prince George’s County Purchasing Office, including downloads from the County web-site. Vendors are directly responsible for obtaining updates, changes or addendums either from the updated web-page or by contacting the Purchasing Office for instruction. If the Bidder has questions, they must be in writing and directed to the point of contacts specified. Failure to adhere to this requirement may subject the Bidder to immediate disqualification.

DBS025-23 Deliver, Furnish, Install and Repair Lockers, Locker Parts and Accessories

TABLE OF CONTENTS

PART I: INTRODUCTION AND BACKGROUND:

1. PURPOSE

2. SUMMARY OF SCOPE

3. NON-EXCLUSIVE

4. BIDDERS IN LEGAL PROCEEDINGS WITH PGCPS

5. PERIOD OF PERFORMANCE

6. OPTION TO EXTEND SERVICE

7. CONTRACT TYPE

8. SUBCONTRACTOR(S) / TEAMING PARTNER(S)

9. POINT OF CONTACTS

PART II: INSTRUCTIONS TO BIDDERS

1. BIDDER KNOWLEDGE OF TERMS AND CONDITIONS

2. BID SCHEDULE

3. BID SUBMISSION REQUIREMENTS

4. eMARYLAND MARKETPLACE ADVANTAGE (eMMA)

5. BIDDER MARKINGS

6. BIDDER SUBMISSION LAYOUT

7. BIDDER DELIVERY

PART III: SCOPE OF WORK

1. OVERVIEW

2. PROJECT AND REPAIR QUOTATIONS

3. REQUIREMENTS

4. MATERIALS/SPECIFICATIONS

5. PRICING BIDDER REQUIREMENTS

6. INSTALLATION

7. INSPECTION

8. UNFORESEEABLE CONDITIONS

9. DAMAGE

10. VANDALISM/THEFT

11. IMPLEMENTATION TIMEFRAME

12. MATERIAL MARK UP

13. WARRANTY

PART IV: BID EVALUATION AND AWARD

1. BIDDER RESPONSIBILITY

2. BID EVALUATION CRITERIA

3. EVALUATION PROCESS

4. AWARD DETERMINATION

PART V: GENERAL TERMS AND CONDITIONS

1. PARTNERSHIPS

2. CORPORATIONS

3. SPECIAL SAMPLES WITH CERTIFIED APPROVAL

4. BID PREPARATION FEES

5. RIGHT TO PROTEST

6. APPEAL OF CONTRACT AWARD DECISION:

7. COMMENCEMENT OF SERVICES

8. ADDENDA

9. STATEMENT OF CONFIDENTIALITY

10. TERM OF AGREEMENT

11. PRE-BID MEETING

12. PAYMENT TERMS

13. MINORITY BUSINESS ENTERPRISE PROGRAM

14. LOCAL MBE INITIATIVE

15. MINORITY BUSINESS ENTERPRISE PROHIBITIONS

16. CYBER LIABILITY INSURANCE

17. LIQUIDATED DAMAGES

18. FINGERPRINT CRIMINAL HISTORY BACKGROUND CHECKS, CHILD PROTECTIVE .. 22

19. EDUCATIONAL/MEDICAL/PSYCHOLOGICAL RECORDS

20. PROTECTION OF STUDENT RECORDS

21. LEGAL COMPLIANCE

22. EPA COMPLIANCE

23. BONDING

24. PERSONAL IDENTIFIABLE INFORMATION (PII)

25. BIDDER PERFORMANCE EVALUATION

PART VI: SPECIAL TERMS AND CONDITIONS

1. INVITATION FOR BID (IFB)

2. GENERAL REQUIREMENTS

3. PRICES

4. ITEM DELIVERY

5. GUARANTEE AND WARRANTIES

6. ANNULMENTS AND RESERVATIONS

7. TERMINATION OF CONTRACT

8. GOVERNING LAW & VENUE

9. CONTRACT TERMS AND CONDITIONS

10. CHANGES IN TERMS OR DELIVERY

APPENDIX A – BID AND ADDENDA ACKNOWLEDGEMENT

APPENDIX B – PAST PERFORMANCE REFERENCES

APPENDIX C - NON-COLLUSION CERTIFICATE

APPENDIX D - DEBARMENT AFFIDAVIT

APPENDIX E - ANTI-BRIBERY AFFIDAVIT

APPENDIX F - CERTIFICATE OF INSURANCE COVERAGE

APPENDIX G - FINANCIAL BID FORM

APPENDIX H - MBE FORM

APPENDIX I – STATE OF MARYLAND TAX CERTIFICATION

APPENDIX J – CERTIFICATION OF COMPLIANCE

APPENDIX K – VENDOR CONFLICT OF INTEREST DISCLOSURE FORM

APPENDIX L – STATE OF MARYLAND CERTIFICATE OF GOOD STANDING

ATTACHMENT A – COST BID FORM

PART I: INTRODUCTION AND BACKGROUND:

The Board of Education of Prince George’s County (The Board) serves the needs of public education in Prince George’s County, covering approximately 1,789 square miles, with a residential population of more than 904,430. Prince George's County Public Schools (PGCPS), one of the nation's 20th largest school districts, has 208 schools and centers, has approximately 131,657 students and nearly 22,000 employees and an annual operating budget of $2.3 billion.

The school system serves a diverse student population from urban, suburban and rural communities located in the Washington, DC suburbs. PGCPS is nationally recognized for college and career-readiness programs that provide students with unique learning opportunities, including dual enrollment and language immersion. The Central administration headquarters is located at 14201 School Lane, Upper Marlboro, Maryland 20772.

1. PURPOSE

The Board of Education of Prince George’s County (The Board) is issuing this Invitation for Bids (IFB) to provide Deliver, Furnish, Install and Repairs Lockers, Locker Parts and Accessories as defined in Part III, Scope of Work. These services are to be performed principally for the Department of Building Services, however services may be requested by other Departments within the Prince George’s County Public School system.

2. SUMMARY OF SCOPE

The BOARD requests bids as described under Part III, Scope of Work in the Invitation for Bid (IFB).

Additional services performed may include installation projects and service calls for repairs on an as needed basis. The bidder shall be fully qualified and properly licensed to maintain, repair, and install services as listed in this IFB. Responses submitted must meet or exceed all requirements. Bids that do not meet all requirements will be considered non-responsive. All exceptions must be noted.

3. NON-EXCLUSIVE

The intent of this contract is to provide the Board with an expedited means of procuring supplies and/or services at the lowest cost. This contract is for the convenience of the Board and is considered to be a "Non-Exclusive" use contract. The Board does not guarantee any usage. The Board will not be held to purchase any particular Brand, in any groups, prices or discount ranges, but reserves the right to purchase any item/service listed in the price schedule submitted under Attachment A, Cost Bid Form.

4. BIDDERS IN LEGAL PROCEEDINGS WITH PGCPS

PGCPS recognizes the significant costs and imposition on the time of personnel associated with legal proceedings. Accordingly, PGCPS has adopted a process stating that:

“One factor, among others, that are to be considered when awarding a contract or purchase order is the existence of a pending legal dispute – whether in court or an alternative dispute forum – with any bidder or Bidder which has submitted a bid. Before including consideration of the legal dispute as a factor, the Procurement Officer shall seek the advice of the Office of General Counsel regarding the legal dispute and shall obtain the concurrence of the CEO or his designee.”

5. PERIOD OF PERFORMANCE

The term of this Contract begins on the date the Notice of Award is signed by both the Bidder and The BOARD or date specified in the Notice of Award (the “Effective Date”) and shall continue for a period of three (3) years (“Initial Term”). In its sole discretion, The Board shall have the unilateral right to renew the Contract for two (2) one-year option periods successive (each a “Renewal Term”) at the prices established at contract award. “Term” means the Initial Term and any Renewal Term(s).

6. OPTION TO EXTEND SERVICE

The Board may require continued performance of any services within the limits and at the rates specified in the contract. The option to extend provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 12 months without the approval of the Board.

7. CONTRACT TYPE

The contract resulting from this solicitation shall be Time and Material (T&M). Vendors are encouraged to partner with local bidders or firms if they don’t meet all the required expertise or MBE requirements.

8. SUBCONTRACTOR(S) / TEAMING PARTNER(S)

Subcontractor and or teaming partner information shall be included in response. Unless otherwise stated within the IFB bid documents, the Contractor may not use any subcontractors to accomplish any portion of the services described within the IFB or the contract without the prior approval of the technical lead or Procurement.

9. POINT OF CONTACTS

The Bidder’s performance will be under the direction of the Procurement Department ensuring the bidder's compliance with the requirements of this contract to include managing the daily activities of the contract, providing guidance to the contract, and coordination. The Bidder shall be accountable to the end users on all matters relating to the scope of work.

PROCUREMENT CONTACTS TECHNICAL CONTACT

Vera Jones Dana Dandridge, Building Services Sr. Procurement Specialist (Do Not Contact) vera2.jones@pgcps.org

Eyvette Wright Procurement Supervisor eyvette.wright@pgcps.org

PART II: INSTRUCTIONS TO BIDDERS

1. BIDDER KNOWLEDGE OF TERMS AND CONDITIONS

Before submitting bids, bidders are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting a bid. Bidder shall acquaint themselves with all conditions, requirements, and specifications, State and Federal governing laws, ordinances, etc. and familiarize themselves with all matters, which may affect the bid. The act of submitting a bid shall be considered as meaning that the bidder has so familiarize themselves; therefore, there shall be no misunderstanding or lack of information. Failure to do so will be at the Bidder's own risk and Bidder cannot secure relief on the plea of error. Neither law nor regulations make allowance for errors of omission or commission on the part of Bidders.

All correspondence concerning the bid and contract, including Notice of Award, copy of Contract, and Purchase Order, will be provided electronically.

2. BID SCHEDULE

The Solicitation milestones are listed with target dates. Please adhere to the schedule unless notified by way of an Addendum.

3. BID SUBMISSION REQUIREMENTS

In order to be eligible, bids must be received via eMaryland MarketPlace Advantage (eMMA) no later than 2:00 p.m. on January 18, 2024.

4. eMARYLAND MARKETPLACE ADVANTAGE (eMMA) The eMaryland Marketplace law became effective on June 1, 2008 and requires units of State government, including those otherwise exempt from State procurement law, and all local government entities, to publish notices of procurement and procurement awards on the State’s ecommerce website eMaryland Marketplace Advantage (eMMA).

The electronic bid submission shall show the full business address, telephone number, email and fax number of the Bidder and be signed by the person or persons legally authorized to sign contracts and commit the company.

5. BIDDER MARKINGS

All bids shall be submitted without redactions. All sections of the bid that are considered confidential or proprietary shall be clearly marked within the bid. The Bidders’ shall provide justification for any and all confidential or proprietary information. Justification must be on a separate piece of paper and submitted with the Technical Bid.

Solicitation Milestones Milestone Date and Time 1 Issue IFB Solicitation December 21, 2023 2 Pre-Bid Conference Not Applicable 3 IFB Questions Due Date and Time January 4, 2024, 2PM

4 IFB Sealed Bid Due Date and Time January 18, 2024, 2PM

6. BIDDER SUBMISSION LAYOUT

The completed bid documents(s) should be without interlineations, alterations, or erasures. The bid should present all information in a concise manner, neatly arranged, legible, and in terms understandable for evaluation. All information requested is to be addressed directly and completely.

It is more desirable to give additional information than less when the answer could be misinterpreted.

The submission layout will include four (4) parts.

Each part shall be submitted as a SEPARATE FILE:

● Volume I - Technical

● Volume II - Minority Business Enterprise (MBE)

● Volume III – Cost Bid

● Volume IV - Appendices

7. BIDDER DELIVERY

The bidder shall deliver their bid electronically through eMMA. Bidders shall retain one (1) original copy of the bid for their files. PGCPS may request the original notarized documents that were posted electronically before final award execution.

Only bids that are submitted via eMMA will be utilized during the evaluation process. Bids that are not submitted via this portal will be ruled non-responsive.

a. VOLUME I – TECHNICAL The Technical Bid shall be submitted in PDF format. Bidders shall not include any pricing.

Bidder shall include a table of contents and all pages in the technical proposal must be numbered, consecutively from beginning to end and separated by tabs as described below:

1) TAB A – TRANSMITTAL LETTER

Bidder shall include a brief transmittal letter prepared on the Bidders’ letterhead, and signed by an individual who is authorized to commit the Bidder to the services and requirements in the IFB and Bid. This transmittal letter shall include:

● The name, title, address, telephone number, and electronic mail address of the person authorized to bind the Bidder to the contract and the person who will receive all official notices concerning this IFB.

● The Bidders’ Dunn and Bradstreet ID Number.

● A brief statement of the Bidders’ understanding of the work to be done, the commitment to perform the work, and a statement of why the firm believes it is best qualified to perform the work specified in IFB.

● A statement that the Bid is a firm and irrevocable offer for a period of one hundred twenty (120) days following the closing date for receipt of initial bids or the closing date for receipt of a best and final offer, if applicable.

2) TAB B – LEGAL CLAIMS

Bidder shall identify any claims during the past three (3) years and provide information on any pending litigation, lawsuits etc. The failure to provide accurate information may be determined to be a material breach of any future agreement or contract with The Board. If applicable, the Bidder must state no claims exist.

3) TAB C – EXPERIENCE AND CAPABILITIES

Bidder shall prepare and present a Technical Bid in such a way as to demonstrate the degree to which the bidder has actually performed similar work and has the technical expertise, capacity, staffing, experience and capabilities to perform and satisfy the requirements of the IFB as outlined under Part III, Scope of Work. Bidder technical experience and capability shall include but is NOT limited to the items below.

● Each bidder must provide a copy of their organizational chart to show capacity to perform 90% of the work in-house.

● Bidder shall provide a resume, current Journeyman Licenses, and Certifications for each technician that will be assigned to work in PGCPS to demonstrate experience level with bid submission.

● Bidder shall provide a copy of the Company Quality Assurance and Safety (Company safety record)

● Bidder shall outline its capacity to provide 24/7 service with after-hours answering service for Priority Call dispatch.

● Each bidder shall provide a qualifications statement to indicate they meet or exceed all requirements listed and submit with the Technical Bid. Qualifications include:

a. Bidder shall be a business firm with not less than five (5) years of experience.

b. Bidder must demonstrate staff members have experience with five (5) or more years.

c. The bidder shall have experience of a similar type and size to PGCPS to fulfill the material requirements on demand and such experience shall be based upon projects that have been completed by the bidder within the last five (5) years.

b. VOLUME II – COST BID

The cost bid shall consist of the Financial Stability documentation and the Cost Bid Form, Attachment A. Bids that do not include both will be ruled non-responsive.

1) Financial Stability is demonstrated through a commonly-accepted method that prove the bidder’s fiscal integrity. If available, the Bidder shall include Financial Statements, preferably a Profit and Loss (P&L) statement and a Balance Sheet, for the last two (2) years (independently audited preferred). The Bidder may supplement its response to this Section by including one or more of the following with its response:

a. Dun & Bradstreet Rating;

b. Standard and Poor’s Rating;

c. Lines of credit;

d. Evidence of a successful financial track record; and

e. Evidence of adequate working capital.

2) Bidders shall provide the Cost Bid in excel format (Attachment A). Bidders should not include any portion of their Technical Bid in its Cost Bid. Do not amend, alter, or leave blank any items on the Bid Form or include additional clarifying or contingent language on or attached to the Bid Form. Items or costs required to provide the materials, services, and or deliverables as proposed, but not identified will be the sole responsibility of the Bidder. All pricing shall remain fixed for the full contract term, including renewals thereto unless an escalation or adjustment is included herein. The Cost Bid shall include all-inclusive rates.

c. VOLUME III - MINORITY BUSINESS ENTERPRISE (MBE)

Minority Business Enterprise (MBE) is defined as any legal entity, other than a joint venture, that is at least 51 percent owned and controlled by one or more minority person(s), organized to engage in commercial transactions.

Minority business firms will be considered as minority business contractor or subcontractor, if certified by any of the following: Prince George’s County Government and the Maryland Department of Transportation (MDOT).

The MBE goal of 15% has been established for the contract representing a percentage of the total Contract dollar value, including all renewal option terms.

By submitting a response to this IFB, the Bidder acknowledges the overall MBE participation goal and commits to achieving the overall goal by utilizing certified minority business enterprises.

1) If the Bidder is NOT MBE certified by PG County Government or MDOT, a waiver may be granted by the Board of Education. Any request for a waiver must be submitted with the Bid using Request for Waiver (Download MBE Attachment 4 to A.P. 3325). The bidder will present a reasonable demonstration that MBE participation was impossible to obtain or was not obtainable at a reasonable price, and that the public interest is served by a waiver.

2) The Minority Business(es) must be identified in an Affidavit at time of bid submission and cannot be changed without prior approval of the Director of Purchasing and Supply Services. Minority Business Enterprise Utilization Affidavit must be submitted as part of the bid (Download MBE Attachment 2 to A.P. 3325).

o To access ALL MBE Attachments, See MBE Administrative Procedures (AP) 3325. https://www.pgcps.org/globalassets/offices/general-counsel/docs-- -general-counsel/administrative-procedures/3000/administrative-procedure- 3325-attachment-1---minority-business-enterprise-utilization-affidavit.pdf

d. VOLUME IV - Appendices

The Bidder shall sign, date, and notarize where applicable all appendices identified. All Appendices shall be packaged together as one (1) file.

o Appendix A – Bid and Addendum Acknowledgement o Appendix B – Past Performance References o Appendix C – Non-Collusion Certificate o Appendix D – Debarment Affidavit o Appendix E – Anti-Bribery Affidavit o Appendix F – Certificate of Insurance Coverage o Appendix G – Financial Bid Form o Appendix H – MBE Form o Appendix I – State of Maryland Tax Certification o Appendix J – Certification of Compliance o Appendix K – Vendor Conflict of Interest Disclosure Form o Appendix L – State of Maryland Certificate of Good Standing

Failure to provide any of the requested information or documents in this solicitation may render the bid non-responsive.

PART III: SCOPE OF WORK

1. OVERVIEW

The Board requests sealed bids to Deliver, Furnish, Install and Repair Lockers, Locker Parts and Accessories on an as needed basis. This means need for service and or materials will be assigned to the contractor as the job develops/project occurs during the term of this contract. The contractor shall provide all necessary services to include removal of existing lockers, locker parts, labor, materials, equipment, services, care and supervision as required in compliance with the recommended manufacturers standards and laws in accordance with manufactures guidelines throughout Prince George’s County Public Schools (PGCPS).

The term Bidder shall be defined as an individual, partnership, or corporation which submits a bid in response to this IFB.

PGCPS reserves the right to award to multiple bidders. All subcontractors are at the responsibility of the Prime Bidder. The Bidder shall be responsible for obtaining any applicable licenses/permits and provide all necessary labor, materials, equipment to deliver materials on time.

The technical specifications are contained in the IFB. Responses submitted must meet or exceed all requirements. Bids that do not meet or exceed all requirements will be considered nonresponsive. All exceptions must be noted.

2. PROJECT AND REPAIR QUOTATIONS

The awarded bidder(s) shall be notified by the PGCPS Department of Maintenance representative to repair and install lockers and parts services as required. No installs or repairs shall be made without prior PGPCS authorization. PGCPS will not pay for any non-authorized repairs.

Repair response time must be completed within five (5) business calendar days of notice.

a. Bidder shall provide quotations for each project undertaken. The Bidder project cost shall be all inclusive of all labor, materials, and delivery and equipment costs for the complete project. Bidder shall break down all costs associated with the specific project work. Breakdown shall consist of separate line items for labor according to employee title, number of hours anticipated to complete the work for each employee, and materials. Lump sum quotations that do not provide the breakdown as detailed above shall not be accepted. Separate unit prices for materials and labor shall be applied to projects as requested by PGCPS.

b. The Bidder shall be responsible for verifying all conditions prior to implementation of the scope of work for each project and shall provide a written statement that acknowledges the review held at each site prior to the start of work assigned.

c. The PGCPS Department of Maintenance representative must authorize all repair and install lockers and parts services. The Bidder shall bill only for the hours worked at the PGCPS location. PGCPS will not pay for travel time to and from the location.

3. REQUIREMENTS

a. All materials, supplies, and equipment for The Board shall be delivered F.O.B. Destination.

All deliveries must be inside the building. Delivery hours shall Work is expected to be performed during normal business hours from 7:00am – 3:30pm, Monday through Friday. If a project is required on evenings, weekends or holidays, the successful bidder(s) shall work with the Building Services Supervisor or Designee to develop a specific project schedule.

b. It is anticipated that most of the work under this contract will be year-round process.

Therefore, the successful bidders must be able to demonstrate they have the ability to perform if awarded a contract.

c. SPECIAL DELIVERY INSTRUCTIONS: If there is a need for special delivery, there will be Special Instructions given for delivery dates, delivery of heavy equipment, materials and or machinery requiring special handling, to schools/sites under construction and/or renovation in the General Terms and Conditions.

d. LIQUIDATED DAMAGES: In the event the Awarded Bidder fails to deliver the goods or services of the contract in accordance with the specifications, The Board reserves the right to purchase the goods/services on the open market in sufficient quantities to assure the continued operation of The Board. Liquidated damages may be assessed at the rate of 2% of the value for work not completed in accordance with the contract specifications, terms and conditions for each calendar day of delinquency beyond the contracted delivery date.

e. Any overtime incurred outside of the scope requirement parameters will be at the expense of the bidder. The bidder shall reimburse PGCPS for the overtime cost of having PGCPS building services personnel on site. These overtime costs will be tracked and deducted from the bidder’s final invoice.

f. All work is subject to inspection by PGCPS at any time. Any work requiring reinstallation will be performed at the bidder’s expense.

4. MATERIALS/SPECIFICATIONS

The contractor shall furnish all labor, materials, equipment, services, care and supervision to Deliver, Furnish, Install and Repair Lockers, Locker Parts and Accessories (or EQUAL). The specifications are contained herein.

a. Complete Locker units shall be Penco Products, Republic Storage Systems Co., or Equal.

b. Repair Parts for Locker units shall be A.S.I, Interior Steel Equipment Co., Interior Steel

Equipment Co., Penco Products, Republic Storage Systems Co., Inc. (Includes Berger), Superior (List Industries, Inc.) or Equal.

5. PRICING BIDDER REQUIREMENTS

The Board of Education has a variety of lockers which are maintained in-house. On-going replacement, maintenance, and repair of the lockers necessitate the procurement of replacement items, repair parts, and components from manufacturers, dealers and/or distributors. This solicitation and the specifications are being offered to qualify and select contractors to both repair and install lockers and parts within the district. The services and/or materials intended for purchase are based on future needs of the school district.

a. BID PRICING STRUCTURE

The bid form pricing represents a discount structure. Ideally, the discount would be applied to a published manufacturer's price listing, and would be used to compute the price charged to the Board of Education. This "discount" shall be used to evaluate the competitiveness of the bid, and awards shall be made to bidders offering the best discount structure. The "Discount Offered", cited on the bid form, will be cited on the contract award as well.

Manufacturers' price lists and the discount applied shall remain the same for the initial term of the contract. Offers based upon Bidder’s "Cost plus a percentage" will not be considered.

b. PRICE LISTS

Bidders must furnish, a current copy of each manufacturer's price list that is being discounted. Price lists must contain pricing data pertinent to the pricing structure being offered. If price lists are not otherwise available to the Purchasing Office, nor provided with this solicitation at the time of the bid opening, the bid may be ruled non-responsive and, therefore, not considered for award.

c. PERCENTAGES OFFERED

All discounts offered must be firm fixed, F.O.B. DESTINATION, be free of all taxes and miscellaneous fees, and include all trade discounts.

6. INSTALLATION

Delivery for all new installs is expected in 10 calendar days after receipt of order for "In Stock" items;

and 30 calendar days after receipt of order for "Out of Stock" items.

a. The contractor must contact the PGCPS Department of Maintenance representative prior to delivery and installation of Lockers, Locker Parts and Accessories. The PGCPS Department of Maintenance representative will coordinate the installation with the school/facility and installer.

b. Work will be assigned as needed and a call number will be assigned to each job location.

The BOARD shall supply the contractor with a list to include the facility name, address, phone number, room numbers or descriptions and quantity of specific lockers to be replaced. The contractor shall provide all necessary tools, equipment and labor needed to install new and or replacement lockers and when applicable, remove damaged existing lockers.

c. The contractor shall be responsible for properly and accurately sizing and ordering replacement lockers as requested. Lockers are to be replaced as directed by authorized members of the PRINCE GEORGE’S COUNTY PUBLIC SCHOOLS Department of Maintenance ONLY. Requests by facility staff for additional locker replacements shall be referred to the Department of Maintenance for approval. The contractor shall not install additional lockers unless instructed to do so by an authorized member of the Department of Maintenance.

d. The contractor shall attend a meeting with Department of Maintenance personnel for the purpose of standardizing measurement/ordering procedures and formats.

e. The contractor shall be responsible for removal and disposal of damaged or obsolete lockers being replaced, packaging from replacement lockers and all other associated trash or debris.

f. Existing lockers to be replaced at any given facility shall not be removed until new replacement lockers have been delivered on site and are ready for installation.

g. New lockers shall be installed in a professional manner.

7. INSPECTION

All materials shall be subject to inspection and approval by the PGCPS designated representative.

All corrections shall be completed as soon as the Board notifies the contractor at no additional cost to the Board.

8. UNFORESEEABLE CONDITIONS

Should an unforeseeable condition arise, the Contractor shall immediately contact the Building Service Representative for guidance and resolution of the matter while on site.

9. DAMAGE

Damage by the Contractor to any person or adjacent surfaces, shall be repaired and or compensated by the Contractor. If possible, the contractor shall rearrange or work around the unforeseeable condition if possible.

10. VANDALISM/THEFT

It shall be the sole responsibility of the Contractor to protect and safeguard materials and/or equipment. PGCPS shall not assume any responsibility for vandalism or theft of the contractor’s materials, products, and/or equipment. The Contractor shall obtain permission from the PGCPS Building Services Supervisor or its designee before storing materials/equipment on PGCPS premises.

11. IMPLEMENTATION TIMEFRAME

No work shall not commence prior to receipt of a Purchase Order has been issued. The PGCPS Building Service Supervisor or its designee may authorize work to start prior to receipt of a Purchase Order only in the case of an emergency in order to meet critical timelines.

12. MATERIAL MARK UP

The Contractor may be required to provide materials, and subcontractors to fulfill the requirements of the contract. If the Contractor provides materials, rental equipment, and/or subcontractors, the compensation will be based on the actual cost of the materials or equipment rental and/or subcontractors and shall not exceed a 10% markup. Invoices, which include materials, and equipment rental, or subcontractor charges shall be accompanied by supplier’s/subcontractor’s original invoices to substantiate cost to Contractor. The Contractor shall make every attempt to obtain the lowest price for the materials and equipment rental equipment.

13. WARRANTY

The successful bidder shall, without undue delay, make any necessary adjustments, replacements, to the satisfaction of the Board, without additional costs.

PART IV: BID EVALUATION AND AWARD

1. BIDDER RESPONSIBILITY

Only bids that are submitted via eMaryland Marketplace (eMMA) will be utilized during the evaluation process. Bids that are not submitted via this portal will be ruled non-responsive. No Bidder, including any of their representatives, subcontractors, affiliates and interested parties shall contact any member of the Committee or any person involved in the evaluation of the bids. All inquiries related to this procurement must be handled by the procurement officials identified on the cover page. Failure to comply with this directive may, at the sole discretion of the Board result in the disqualification of a Bidder from the procurement process.

2. BID EVALUATION CRITERIA

All responsive and responsible Bidders will be ranked on the highest (most advantageous) discount structure as submitted on the Attachment A – Cost Bid Form. Bidders must bid on all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation.

The evaluation criteria include Bidder responsiveness, demonstration of capability to perform, price factors, and responsibility. The Board reserves the right to: (1) Waive any informality; (2) Reject any or all bids, or portions thereof; (3) Cancel an IFB and re-solicit bids; and/or (4) Negotiate with the highest responsive and responsible bidder to determine if that bid can be improved.

3. EVALUATION PROCESS

The evaluation will be based on the process described herein.

IFB Bids are not opened publicly, but in the presence of at least two Purchasing Office employees.

Once the bids are opened, the Buyer will prepare a Bid Tabulation document that summarizes the bids received. This document will be available for inspection after issuance of Notice of Award

The award will be issued without discussion to the responsible and responsive bidder(s) whose bid meets the requirements and evaluation criteria set forth in the IFB, and is either the most favorable bid price or most favorable evaluated bid price.

The selection committee will review bids on a pass/fail basis

a. RESPONSIVE means a bid or proposal submitted in response to an Invitation for Bids or Request for Proposals that conforms to all material aspects of the requirements contained in the Invitation for Bid or Request for Proposals.

b. RESPONSIBILE means a person or entity that has the capability in all respects to fully perform all aspects of the contract with integrity and reliability that shall assure good faith performance.

4. AWARD DETERMINATION

The Award will be made to the responsible Bidder(s) who submits a responsive Bid that has the highest (most advantageous) discount structure.

PGCPS reserves the right to make the award for this solicitation to as many Bidders as deemed necessary to fulfill the anticipated requirements. The award will be made first to the responsible and responsive Bidder with the highest discount structure as set forth in Attachment A, Cost Bid Form.

All additional awards will be made to responsible Bidders submitting responsive Bids in ascending order starting with the second highest discount structure and continuing until, in the sole discretion of PGCPS, sufficient awards have been made to fulfill the anticipated requirements. The Board reserves the right to make the award by item, groups, or groups of items if it is in the best interest of the Board.

If for any reason, the bid cannot be awarded to the highest responsible and responsive bidder whose bid meets the requirements and is the most favorable evaluated discount structure, the recommendation shall be approved by the Board prior to awarding the contract.

PART V: GENERAL TERMS AND CONDITIONS

1. PARTNERSHIPS

Bids by partnerships shall be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing, who shall also state the names of the individuals composing the partnership.

2. CORPORATIONS

Bids by corporations shall be signed with the name of the corporation, followed by the signature and designation of the officer having authority to sign. When requested, satisfactory evidence of authority of the officer signing on behalf of the corporation shall be furnished. Anyone signing the bid as agent shall file satisfactory evidence of authorization to do so.

3. SPECIAL SAMPLES WITH CERTIFIED APPROVAL

Bidders may be required to submit samples of each product awarded with an affidavit stating that the chemical composition of the sample submitted is identical with the composition tested prior to the bid and all remain unchanged during the period of the contract. This requirement shall be part of the specifications of the product or products requested if applicable.

4. BID PREPARATION FEES

The Board will not be responsible for any costs incurred by a Bidder in preparing and submitting a bid in response to a bid.

5. RIGHT TO PROTEST

The Director of Purchasing and Supply Services shall attempt to resolve informally all protests of bid award recommendations. Vendors are encouraged to present their concerns promptly to the Buyer and/or Purchasing Supervisor for consideration and resolution. The Director of Purchasing shall inform the Chief Financial Officer (CFO) upon receipt of the protest. Open dialogue is helpful for all parties and disputes are often only a misunderstanding of the evaluation and recommendation process. A vendor who does not file a timely protest before the contract is executed by the Board is deemed to have waived any objection.

a. An interested party (bidding of standing or bidder) must file a protest with the Purchasing Office within five (5) calendar days of the recommendation of award or notification to the bidder or bidder that their bid or bid will be rejected.

b. Purchasing and Supply Services a proposed award of a contract for supplies, equipment, services, or maintenance. A bidder of standing is a bidder who would be directly next in line for an award should the protest be supported.

c. The protest shall be in writing addressed to the Purchasing Supervisor with a copy to the Director and shall include the following:

i. The name address and telephone number(s) of the protester.

ii. Identification of the solicitation

iii. Statement of reasons for the protest

iv. Supporting documentation to substantiate the claim

v. Proposed remedy to resolve

6. APPEAL OF CONTRACT AWARD DECISION:

The Director of Purchasing shall confer with the general counsel prior to issuance of a decision regarding disputes of contracts or awards.

a. The Director of Purchasing shall issue a decision in writing. Any decision of a bid award protest may be appealed to the CFO within two (2) days of issuance of the decision by the Director of Purchasing.

b. Any decision of a bid award protest may be appealed to the Board of Education within thirty (30) days of issuance of the decision by the CFO.

c. A vendor who remains unsatisfied after following the procedures may contest a contract awarded by the Board by filing an appeal to the Maryland State Board of Education as provided by Maryland’s public-school law.

d. The Board reserves the right to award during protest and or during an appeal, if a determination that execution of the contract without delay is necessary to protect substantial State and Board interest.

e. The Bidder shall refer to the General Terms and Conditions attached to the bid for details regarding the Term of Contract for this bid.

7. COMMENCEMENT OF SERVICES

The Board shall have no obligation to pay for services performed before the Notice of Award is executed; Board approves the contract or after the contract ends. The Board shall have no obligation to pay for services in excess of the monetary amount of the award. The Board shall have no obligation to pay for services before a purchase order is issued.

8. ADDENDA

a. No interpretation of the meaning of the specification or other documents will be made to any Supplier orally. To be given consideration, inquiries must be received in writing via email to the Procurement Department points of contacts identified on the cover page. The subject field of the e-mail must include "INQUIRY” and the Bid name and number.

b. Any changes to the bid specifications will be made through the appropriate addenda. Failure of any Bidder to receive such addenda or interpretation shall not relieve any Bidder from any obligations under this bid as amended by all addenda. All addenda so issued shall become part of the award.

c. Failure of any Bidder to receive or acknowledge receipt of such addenda or interpretation shall not relieve any Bidder from any obligations under this IFB as amended by all addenda.

All addenda so issued shall become part of the award

9. STATEMENT OF CONFIDENTIALITY

It is understood and agreed that all information pertinent to this solicitation may contain trade secrets, which are confidential and proprietary. The selected vendor agrees not to disclose or knowingly use any confidential or proprietary information of The Board of Education of Prince George’s County and/or third-party participants.

Bid submissions are subject to the Maryland Public Information Act (Education Article, Maryland Annotated Code, §10-611, et seq.). In accordance with the Act, certain information is subject to public disclosure. Please be advised that should you deem any portion of your bid as confidential or proprietary, it must be conspicuously indicated on those portions so deemed. However, and in accordance with the Act, you are hereby notified that every portion may still be subject to disclosure under the Act.

10. TERM OF AGREEMENT

The anticipated initial term of this contract shall be three (3) years. The term of renewal shall not exceed two (2) one-year option periods.

a. The bidder warrants that prices for the bid under this IFB are not higher than prices currently extended to any other governmental agency for the same product or service.

b. Upon satisfactory service and by mutual agreement the BOARD OF EDUCATION OF

PRINCE GEORGE’S COUNTY reserves the right to renew the contract.

c. The Board expects all vendors to provide cost reductions recommendations.

d. Price decreases are acceptable at any time, need not be verifiable, and are required should the bidder/producer/processor/manufacturer experience a decrease in costs associated with the execution of the contract.

e. Price adjustments from the bidder/producer/processor/manufacturer for any/all items may be considered at renewal. The request is subject to approval by the Contracting Officer.

The request must be submitted in writing at least ninety (90) days prior to the renewal term and shall be accompanied by supporting documentation.

f. Should the awarded vendor, at any time during the life of the contract, sell materials of similar quality to another customer, or advertise special discounts or sales, at a price below those quoted within the contract, the lowest discounted prices shall be offered to Prince George’s County Public Schools.

11. PRE-BID MEETING

A pre-bid meeting will not be scheduled for this Solicitation.

12. PAYMENT TERMS

The Bidder shall submit an invoice detailing the services provided and the actual costs incurred.

Payment shall be in accordance with line item price on the Purchase Order and within 30 days after the date on the invoice or upon invoice acceptance, whichever occurs last.

The Board reserves the right to reduce or withhold contract payment in the event the Bidder does not provide the Department with all required deliverables within the timeframe specified in the contract or in the event that the Bidder otherwise materially breaches the terms and conditions of the contract.

13. MINORITY BUSINESS ENTERPRISE PROGRAM

The Board of Education of Prince George’s County Minority Business Enterprise (MBE) Administrative Procedure No. 3325 requires bids for materials, supplies, equipment, and services, other than materials of instruction, be listed as deliverables. Information about this program and forms can also be downloaded. See MBE Administrative Procedures (AP) 3325.

https://www.pgcps.org/offices/general-counsel/administrative-procedures/3000---business--non-instructional-operations/ap-3325---minority-business-enterprise-procurement-procedures

a. The Minority Business Enterprise program is to inform prospective bidders that the bid of the initially deemed lowest responsive bidder, if not a “Certified” Minority Business Enterprise, is subject to being matched by a “Certified” Minority Business Enterprise (MBE) entitled to do so by the provisions of the Administrative Procedure.

b. Only those businesses registered in the Oracle database and listed in the Minority Business

Enterprise Office directory for the Board of Education of Prince George’s County as a certified minority vendor at the time of any respective bid opening, shall be recognized as a “Certified Minority Business”. If not listed, evidence of acceptable certification from the Maryland Department of Transportation (MDOT), Prince George’s County Government and Washington Metropolitan Area Transit Authority (WMATA) must be provided to the Board’s Purchasing Office prior to any respective bid opening.

14. LOCAL MBE INITIATIVE

In accordance with Prince George’s County School goals promoting minority and locally based purchases, if all other factors are equal, priority shall be given to a locally based firm. "Locally based firm" in this instance refers to a company or firm with a primary business address located within the geographical boundaries of Prince George’s County.

15. MINORITY BUSINESS ENTERPRISE PROHIBITIONS

State Law HB 389 and SB 611, Prime Bidders are prohibited by law from including a certified MBE in a bid or proposal without requesting, receiving, or obtaining the MBE’s authorization. The bidder must also use the MBE’s services to perform the contract. In addition, the bidder may not pay the MBE solely for the use of its name in the bid or proposal.

Prime Bidder may be prosecuted if they fail to comply with the law. The Board is required under the law to report the violation.

16. CYBER LIABILITY INSURANCE

All Bidders shall maintain and pay for Cyber Liability Insurance at a limit of not less than $1,000,000 per occurrence when applicable, including coverage for data breach, media liability and third-party cyber liability.

17. LIQUIDATED DAMAGES

In the event the Award Bidder(s) fails to deliver the goods or services of the contract in accordance with the specifications, PGCPS reserves the right to purchase the goods/services on the open market in sufficient quantities to assure the continued operation of PGCPS. All additional expenses incurred by PGCPS as a result of such purchases will be deducted from the monies owed or monies which may become due.

18. FINGERPRINT CRIMINAL HISTORY BACKGROUND CHECKS, CHILD PROTECTIVE

SERVICE CLEARANCES, AND SAFE SCHOOLS TRAINING REQUIREMENTS

a) Pursuant to Administrative Procedure 4215 - Criminal History Checks, Employee Self-

Reporting of Arrests, Criminal Charges, CPS Investigations and Findings & Incarceration, any and all Vendors, which includes Independent Contractors, Subcontractors, Outsourced Agency Employees and Outsourced Temporary Staffing, who have uncontrolled access to students must complete a fingerprint criminal history background check, child protective service (CPS) clearance and required online Safe Schools training course(s).

b) All fingerprint background checks and CPS clearances must be completed 15 business days prior to beginning work in and around PGCPS property or engaging in any authorized activities involving PGCPS students. The fingerprint background checks and CPS clearances must be completed through Prince George’s County Public Schools at one of the authorized locations listed on the PGCPS website (https://www.pgcps.org/fingerprinting/#service). No person may begin working in PGCPS until fingerprint background check results are received.

c) Required online Safe Schools training course(s) must be completed before providing contractual services in PGCPS schools and can be accessed through the PGCPS website (https://www.pgcps.org/offices/compliance/student-safety/required-training-for-contractors).

d) Safety Management System (reserved).

e) Pursuant to Md. Education Code Ann. §6-113.2 (Code), a contractor of a Board of education who provides a service to a school or the students of a school shall meet the requirements set forth for screening its employees assigned to work at a school site to determine whether such employees have a history of child sexual abuse and/or sexual misconduct. The Vendor shall be solely responsible for completing the screening set forth in the Code, shall maintain records of employee screenings, and shall make such records available to PGCPS upon request.

f) Prior to initiating any work at a school building, current and future employees of Vendor must sign in and sign out via the Raptor Visitor Management System, which requires a copy of their government issued identification.

g) Prior to initiating any work at a school building, the Vendor agrees to provide the designated PGCPS representative and the PGCPS Purchasing Department with a list of all current employees and an immediate update of changes in personnel, employees, contractors, subcontractors, agents, volunteers, outsourced temporary staff and any instructors. It is the responsibility of the Vendor to make certain that its employees, contractors, subcontractors, agents, volunteers, outsourced temporary staff, consultants and any instructors meet the background check and training requirements specified. All correspondence should include the following information as applicable:

i. title of the project

ii. school/office

iii. solicitation number

iv. contract number; and

v. PGCPS representative/project manager

19. EDUCATIONAL/MEDICAL/PSYCHOLOGICAL RECORDS

If applicable, the Bidder acknowledges its responsibility to ensure compliance with the confidentiality provisions of the Family Educational Records Privacy Act (34 CFR §99);

a. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) 45 CFR Part 160 and Part 164, Subparts A and E, and Code of Maryland Regulations §13A.08, with respect to school records…