FY25_Scope.docx

CHARLES COUNTY, MARYLAND

REQUEST FOR PROPOSALS

PLAN REVIEW SERVICES

RFP NUMBER 19-38

February XX, 2019

Prepared For:

Charles County Government Department of Community Services

CHILDCARE AND BEFORE-AFTER SCHOOL CARE SERVICES

I-2

Table of Contents

APPENDICES

APPENDIX 1 – BASCC SITES

APPENDIX 2 – PORT TOBACCO CENTER FLOOR PLAN

APPENDIX 3 – CURRENT WEEKLY RATES

APPENDIX 4 – FORMS

i

INSTRUCTIONS TO OFFERORS

PREPARATION OF PROPOSAL

GENERAL PROPOSAL INFORMATION

The County Commissioners of Charles County are hereby requesting sealed proposals from qualified contractors for the operation of a licensed year-round childcare program at the Department of Community Services, 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 Charles County elementary schools.

As used herein, the term “County” shall refer to the Government of Charles County, Maryland. The term “Offeror” shall mean the individual or firm submitting a response to this solicitation, and shall be synonymous with the terms, “bidder”, “proposer”, “quoter”, etc. In like manner, the term “Proposal”, shall refer to a response submitted to this solicitation, and shall be synonymous with the terms “offer”, “bid”, “quote”, etc. The term “Contract” shall mean the agreement between the County and the Offeror selected, whether issued by formal contract, award letter, purchase order, or any other means acceptable to the County. The term “Contractor” shall mean the Offeror selected for award, based upon the proposal submitted in response to this solicitation.

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.

PROPOSAL SUBMISSION

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 Appendices is made part of this solicitation package.

See the Solicitation Schedule, below, for the due date and time for proposals. Proposals shall be valid and irrevocable for a minimum of one hundred twenty (120) days from the due date. Submission, modification, or withdrawal of proposals after the date/time will NOT be considered. An Offeror may only submit one (1) proposal in response to this solicitation.

Technical Proposal Package Submission Offerors shall submit three (3) bound copies of the Technical Proposal packages in one sealed envelope separate from the Original Proposal package labeled with the Company’s name and address and marked “Technical Proposal”.

Original Proposal Package Submission Offerors shall submit one (1) unbound original, so identified, of the Original Proposal package and a complete electronic copy of the Original Proposal Package on USB drive in pdf format. If the proposal contains proprietary information, submit one (1) hard copy and one (1) electronic copy of the Original Proposal Package that DOES NOT contain the proprietary information, and mark it as REDACTED copy. Original Proposals shall be submitted in separate sealed envelopes from the Technical Proposal package, labeled with the Company’s name and address and marked “Originals”.

Delivery of Proposal Package Submission Technical and Original proposal envelopes shall be sealed in a package marked “RFP No. 19-38, CHILDCARE AND BEFORE-AFTER SCHOOL CARE SERVICES – DO NOT OPEN” and submitted to:

Yaffa Seiden, Assistant Chief of Purchasing Charles County Government Purchasing Division – Room #B130 200 Baltimore Street La Plata, MD 20646

* NOTE: Due to Charles County mail processing times, additional time may be necessary for mail delivery. It is the Offeror’s sole responsibility to ensure that proposals are delivered to the Purchasing Division Office (Room #B130) before the due date and time. Any proposals not received timely will not be considered.

SOLICITATION SCHEDULE

This schedule may be subject to change. Offerors shall monitor the Bid Board accordingly for addendums.

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.

(Eastern Time)

Last Day for Addendums Comment by Yaffa S. Seiden: I will remove this from the solicitation prior to posting it. This is so you are aware this event exists and when it currently is…

***UNPUBLISHED EVENT***

March XX, 2019 before 4:30 p.m. (Eastern Time)

*If the County is closed for business at the due date and time scheduled, for whatever reasons, sealed proposals will be accepted on the next business day of the County, at the originally scheduled time. Offerors shall monitor the Bid Board for schedule changes issued via addendum.

OPTIONAL PRE-PROPOSAL MEETING

An optional pre-proposal meeting will be held at the Charles County Government, Department of Community Services building, 8190 Port Tobacco Road, Port Tobacco, MD.

NOTE: All attendees at the optional pre-proposal meeting are required to sign-in on the attendance log, which shall be published on the County’s Bid Board.

SOLE POINT OF CONTACT

The Purchasing Representative identified herein 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 OTHER THAN THE CONTACT IDENTIFIED BELOW, FOR ANY REASON DURING THE BIDDING PROCESS OR PRIOR TO FULL CONTRACT EXECUTION. Any communication outside this process may result in disqualification.

Purchasing Representative Yaffa Seiden, Assistant Chief of Purchasing Purchasing Division Email: SeidenY@CharlesCountyMD.gov Fax: (301) 645-0543

QUESTIONS

All inquiries concerning technical or bidding information should be directed in writing (via email or fax) with the solicitation number and name in the subject line to the Purchasing Representative identified in Part I, Section 1.6 – Sole Point of Contact. Questions over the phone will not be accepted. See the Solicitation Schedule, above, for the due date for questions.

If any person contemplating submitting a proposal in response to this solicitation is in doubt as to the true meaning of any part of the Specifications, they may submit to the County, a minimum of fourteen (14) calendar days prior to the scheduled due date, a written request for an interpretation or correction thereof. The person submitting the request will responsible for its prompt delivery.

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, or changes to the solicitation will be made only by addendum duly issued and will be posted on the County Bid Board found at www.charlescountymd.gov. Click on “Procurement” and then “Bid Board”. 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 proposal prices, unless an alternate schedule is presented by addendum. It is the responsibility of the Offeror to check the County Bid Board as frequently as necessary to obtain all updates and addenda to the solicitation.

PERFORMANCE DATA

Offerors shall have the capability to provide the products and services required herein, and the ability 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 an 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.

ORAL PRESENTATIONS/INTERVIEWS

The County may require selected Offerors to make oral presentations and/or conduct interviews of key staff proposed in order to clarify their proposals and/or conduct interviews of key staff proposed and to validate qualifications prior to acceptance by the County.

REJECTION OF BIDS/PROPOSALS

Although not intended to be an exhaustive list of causes for disqualification, any one or more of the following causes, among others, may be sufficient for the disqualification of a offeror and the rejection of its proposal:

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.

ARITHMETICAL ERRORS

Any errors in computations may be corrected during the County’s review of the proposals. 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.

ELIGIBILITY FOR AWARD

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

1. By submitting a proposal in response to this solicitation, the Offeror certifies that 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.

2. The firm certifies that it is not delinquent in any payments due to Charles County Government. The County reserves the right to refuse proposals and/or not contract with firms in a delinquent payment status with Charles County Government.

3. Offerors’ status shall be verified with the State of Maryland Department of Assessments and Taxation (SDAT). The County may require the successful Offeror to submit a "Certificate of Status," issued by the Maryland Department of Assessments and Taxation's Charter Division, and State of Organization identifying the vendor is in “good standing” with the State of Maryland.

OFFEROR’S INVESTIGATIONS

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.

NOTIFICATIONS

Legal notice given by the County to the Offeror shall be sent to the address provided in the Offeror’s Cost Proposal Form. Notice given by the County by any of the following: letter delivered by (1) UPS or FedEx; (2) USPS first class postage mail; or (3) USPS certified or registered mail, shall be deemed as having been received by the addressee three (3) business days after the date of mailing.

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.

GOVERNING LAW

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

CONTRACT INFORMATION

AWARD OF CONTRACT

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.

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 fees proposed (Total Proposed Price). 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.

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

CONTRACT EXECUTION

The Offeror awarded the contract shall be required to execute the contract on the form in Appendix 4 (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.

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 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 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 to have defaulted. This determination by the Chief of Purchasing shall be final, and not subject to appeal.

TERM OF CONTRACT AND PRICING

The base term of the Contract shall begin on July 1, 2019 and end on June 30, 2020, with an option for four (4) 1-year renewals at the sole option of the County. Each 1-year renewal shall commence on July 1 and end on June 30 of the following calendar year.

Pricing Adjustment for Renewal Years:

Proposal prices shall remain firm for base term of the contract. 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.

BID/AWARD PROTESTS

All protests made pursuant to this solicitation must be in writing and delivered to the Chief of Purchasing: (a) within ten (10) calendar days after the Purchasing Division has publicly posted the proposed contract award, if an Offeror seeks as a remedy the award of the contract, or (b) before the submission date for proposals, if an Offeror seeks as a remedy the cancellation or amendment of the solicitation. 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.

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.

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.

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. All decisions of the Chief of Purchasing shall be final, and not subject to appeal.

TECHNICAL PROPOSAL PACKAGE

SUBMIT SEPARATE FROM THE ORIGINAL PROPOSAL PACKAGE

Requirements for the Technical Proposal Content are listed below. Cost information shall not be included in the Technical Proposal. At a minimum, each technical proposal shall include the following items in the stated order; all pages shall be numbered; 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.

TAB 1 – TRANSMITTAL LETTER (in Appendix 4) The Transmittal Letter stating the Offeror is or will be licensed to do business in the State of Maryland prior to contract award, and that the Offeror has complied with and takes no exceptions to all requirements of the RFP. The Transmittal Letter must be signed by the company official authorized to enter into binding contracts. Any information identified as “Confidential” shall be noted by reference and appended to the Transmittal Letter. Each item identified as “Confidential” shall be accompanied by an explanation. Refer to Part I – Instructions to Offerors, Section 7.8 – Public Information Act/Confidentiality Notice.

TAB 2 – APPROVAL OF GOVERNING BODY

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

TAB 3 – PROPOSED PROGRAM

1. Qualifications

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

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

c. Statement of financial responsibility.

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

e. Center Director's name and phone number.

f. Building Manager’s name and phone number.

g. Copy of non-profit, tax exempt status, if applicable, i.e. IRS 501 (c) (3) letter of determination.

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

2. Program

a. Describe your firms’ philosophies and objectives.

b. Describe the following regarding your firms’ personnel:

· Staff Selection Criteria,

· Position Descriptions; and

· Additional Personnel Policies

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

· Parent access to program policies and premises, and

· Parent consultation program

d. 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

e. Describe the following special program components:

· Part-time, occasional care,

· Children with special needs,

· Provision of hot lunches through independent contractor, and

· Ethnically diverse participants and families

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

g. Define the hours and days of operation.

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

i. Describe the start-up/transition plan

j. Program evaluation and monitoring plan

TAB 4 - FIRM EXPERIENCE

1. Offerors shall be required to complete and submit the Experience Form, included in Appendix 4. A qualified Offeror must have requisite experience for the work as described in the specifications 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 Experience Form. All blank spaces of the form shall be fully completed in legible ink or typewritten.

2. 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.

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

TAB 5 - ADDITIONAL ITEMS

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

ORIGINAL PROPOSAL PACKAGE

SUBMIT SEPARATE FROM TECHNICAL PROPOSAL PACKAGE

Requirements for the Original Proposal Content are listed below. At a minimum, each original proposal shall include the following items in the stated order; all pages shall be numbered; and all the listed components must be included. 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.

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

TAB 1 - COST PROPOSAL FORM (in Appendix 4) The cost proposals shall be submitted on the Cost Proposal Form. All blank spaces of the form shall be fully completed in legible ink or typewritten. All prices shall include all profit, overhead, equipment, transportation cost, etc. There shall be no hidden costs. Such pricing shall cover all services and materials to be provided as part of this Contract as specified in this solicitation. An Offeror may only submit one (1) Cost Proposal Form in response to this solicitation.

The Cost Proposal Form must be signed by an officer authorized to make a binding commitment for the firm submitting the Proposal.

TAB 2 - ADDITIONAL ITEMS (in Appendix 4)

1. A copy of the Technical Proposal Package

2. Addendum Certification Form

3. Intended Non-MBE Subcontractors Form

4. Charles County MBE Utilization Affidavit Form

5. Proposed MBE Subcontractors Form

6. SLBE Utilization Affidavit (if applicable)

7. Official Letter of SLBE Intent (if applicable)

8. Non-Collusion Affidavit

PROPOSAL EVALUATION PANEL AND CRITERIA FOR EVALUATION

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.

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.

EVALUATION CRITERIA

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

· Approval of Governing Body

· Firm Experience

· Additional Items

Additionally, this RFP is subject to the Small Local Business Enterprise (SLBE) Program as described in Part I, Section 6.2. Registered SLBE Program Offerors will be provided preferential points assuming the Offeror’s proposal is found to be responsive, responsible, and the Offeror is eligible for award meeting all other award provisions. An additional ten (10) points will be granted to a registered SLBE prime on top of the Proposal evaluation score. Non-SLBE Offerors utilizing a registered SLBE Program business as a sub-Contractor will receive additional points, prorated based upon the percentage of the value of the services to be provided by the SLBE (i.e. SLBE sub-Contractor participation of 50 percent would be awarded an additional five (5) points on top of the Proposal’s evaluation score).

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.

SOCIO-ECONOMIC PROGRAMS

MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM

Offerors are advised that Charles County Government has established a MBE Program which applies to all formal solicitations. There is an aspirational minimum goal of 25% MBE participation for each project. The use of MBEs is strongly encouraged.

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 MBE status for any firm certified by the Maryland Department of Transportation (MDOT), Federal 8-A registration or Charles County Government. Information concerning the Charles County MBE Registration Process may be obtained by contacting the Charles County Economic Development Office, at (301) 885-1340 x2202.

The solicitation documents included herein contain a form entitled “Minority Business Enterprise Utilization Affidavit”. This document indicates the MBE certification status of the Offeror, as well as the level of participation of any MBE sub-contractor(s) or supplier(s). Offerors are required to complete this form and submit it with their proposal. The awarded Offeror(s) shall be required to report MBE Utilization to the County post award on the County’s “MBE Utilization – Post Award” form, if they have proposed any MBE usage.

The County maintains a list of registered MBE firms on the Economic Development website located at http://www.meetcharlescounty.com/local-minority-business-programs/.

SMALL LOCAL BUSINESS ENTERPRISE (SLBE) PROGRAM

Offerors are advised that 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 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.

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. Information concerning the Charles County SLBE Registration Process may be obtained by contacting the Charles County Economic Development Office, at (301) 885-1340 x2202.

The County maintains a list of registered SLBE firms on the Economic Development website located at http://www.meetcharlescounty.com/local-minority-business-programs/.

MISCELLANEOUS TERMS

INCURRING COSTS

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

INDEMNIFICATION CLAUSE

The Contractor shall protect, hold free and harmless, defend and indemnify the 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.

PAYMENT OF TAXES

The firm awarded the contract resulting from this solicitation shall be responsible for paying all Maryland sales tax, and any other applicable taxes, on items purchased by the Contractor in the pursuit of this contract. The County tax exempt status cannot be transferred to the Contractor.

INSURANCE

The Contractor shall provide, at their expense, the following:

· Professional liability insurance with a limit of not less than $1,000,000.

· Commercial automobile bodily injury and property damage insurance covering all vehicles whether owned, hired, or non-owned operated by/or on behalf of the Contractor in the performance of this contract with not less than the following units:

· Bodily Injury: $1,000,000 per person $2,000,000 per occurrence

· Property Damage: $500,000 per occurrence

The Contractor shall also obtain and pay premium for the following:

· Workmen’s Compensation in compliance with Maryland Statutory Limit.

· Commercial General Liability in an amount not less than $2,000,000 (combined personal injury and/or property damage) per occurrence subject to $3,000,000 aggregate.

The Contractor shall provide the County with Certificates of Insurance evidencing the coverage required by this solicitation prior to award of a contract. The following certificates shall name The County Commissioners of Charles County (or other name as directed by the County) as an additional named insured:

· Commercial automobile bodily injury and property damage insurance

· Commercial General Liability

All Certificates shall reference the solicitation name, number, and have an ending date that covers the entire contract term or extension period. The Contractor shall provide the County with copies of the Declarations and Exclusions for the Professional Liability insurance.

If the insurance obtained requires deductibles, the Contractor shall pay all costs not covered because of such deductibles. Providing insurance as required herein does not relieve the Contractor of any responsibility or obligations ensuing as a result of the contract award, or for which the Contractor may be liable by law or otherwise. Proof of Insurance will be required and must be submitted prior to final execution of the Contract by Charles County Government. The Contractor shall be solely responsible for all work performed by subcontractors related to any contract awarded as a result of this solicitation, including but not limited to errors, omissions, and neglect.

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.

SUBCONTRACTORS

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. 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. 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. Contractor(s) shall be solely responsible for all work performed by subcontractors related to any contract awarded as a result of this solicitation.

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.

PUBLIC INFORMATION ACT/CONFIDENTIALITY NOTICE

Offerors 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 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 proposal 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.

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.

HOLIDAY SCHEDULE

Refer to Part III – Special Provisions.

*FLOATING HOLIDAYS - COUNTY OFFICES AND OPERATIONS SHALL BE OPEN.

MID ATLANTIC PURCHASING TEAM RIDER CLAUSE

The Mid-Atlantic Purchasing Team (MAPT) is the agreement between the Metropolitan Washington Council of Governments (“MWCOG”) and the Baltimore Metropolitan Council (“BMC”) to aggregate the public entity and non-profit purchasing volumes in the Maryland, Virginia and Washington, D.C. region (“region”).

Format A lead agency format is used to accomplish this work. The Lead Agency in this procurement has included this MAPT Cooperative Rider Clause in this solicitation indicating its willingness to allow other public entities to participate pursuant to the following Terms and Conditions:

1. Terms

2. Other Conditions - Contract and Reporting

In pricing and other conditions, vendors are urged to consider the broad reach and appeal of MAPT with public and non-profit entities in this region. A list of the participating members of the Mid-Atlantic Purchasing Team can be found at the following web links www.mwcog.org/purchasing-and-bids/cooperative-purchasing/member-links/ and http://www.baltometro.org/our-work/cooperative-purchasing/brcpc-representatives

I-16

GENERAL PROVISIONS

0. GENERAL PROVISIONS

DEFINITIONS:

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: A conventional contract or award letter, instructions to proposers, solicitation, specifications and scope of work, special provisions, general provisions, any other addenda or written instructions pertaining to the method and manner of performing the work, and the Proposer’s proposal.

CONTRACTING OFFICER The Director of the Department of Community Services, and includes a duly appointed successor or authorized representative.

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

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 in the specifications.

GENERAL PROVISIONS All requirements and provisions contained in this document.

INSTRUCTIONS TO OFFERORS Information explaining the procurement process, significant dates, and bidding requirements.

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

SPECIAL PROVISIONS Statements modifying or changing the requirements or provisions of the General Specifications or adding new requirements or provisions thereto.

SPECIFICATIONS/SCOPE OF WORK The written or printed agreements and instructions pertaining to the performance of the work to be performed, and/or the quantity and quality of the work/materials to be furnished under the contract.

1.1 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 the date, circumstances, and source of the order and that the CONTRACTOR regards the order as a change order.

B. Except as herein provided, no order, statement, or conduct of the CONTRACTING OFFICER shall be treated as a change under this article or entitle the CONTRACTOR to an equitable adjustment hereunder.

C. If any change under this article causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly; provided, however, that except for claims based on defective specifications, no claim for any change under paragraph (B.) above shall be allowed for any costs incurred more than twenty (20) days before the CONTRACTOR gives written notice as therein required; and provided further, that in the case of defective specifications for which the COUNTY is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the CONTRACTOR in attempting to comply with such defective specifications.

D. If the CONTRACTOR intends to assert a claim for an equitable adjustment under this article, he must, within thirty (30) days after receipt of a written change order under paragraph (A.) above or the furnishing of a written notice under paragraph (B.) above, submit to the CONTRACTING OFFICER a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the COUNTY. The statement of claim hereunder may be included in the notice under paragraph (B.) above.

F. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.

1.2 CHANGE ORDERS:

A. Additional Costs:

The cost of any change ordered in writing by the CONTRACTING OFFICER which results in an increase in the contract price will be determined by one or the other of the following methods, at the election of the CONTRACTING OFFICER.

(1) On the basis of a stated lump sum price, or other consideration fixed and agreed upon by negotiation between the CONTRACTING OFFICER and the CONTRACTOR in advance, or if this procedure is impractical because of the nature of the work or for any reason,

(2) On the basis of the actual necessary cost as determined by the CONTRACTING OFFICER, plus a fixed fee to cover general supervisory and office expense and profit. The fixed fee shall not exceed fifteen percent (15%) of the actual necessary costs. The actual necessary cost will include all reasonable expenditures for material, labor, and supplies furnished by the CONTRACTOR and a reasonable allowance for the use of his plant and equipment where required, but will in no case include any allowance for general superintendent, office expense, or other general expense not directly attributable to the extra work. In addition to the foregoing, the following will be allowed: the actual payment by the CONTRACTOR for workmen's compensation and public liability insurance; performance and payment bonds (if any); and all unemployment and other social security contributions (if any) made by the CONTRACTOR pursuant to Federal or State statutes; when such additional payments are necessitated by such extra work. An appropriate extension of the working time, if such be necessary, also will be fixed and agreed upon, and stated in the written order.

B. Reduced Costs:

The cost of any change ordered in writing by the CONTRACTING OFFICER which results in a decrease in the contract price will be determined in a manner conformable with paragraph A.2 under Additional Costs.

1.3 DIFFERING SITE CONDITIONS:(NOT APPLICABLE TO RFP 19-38)

A. The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the CONTRACTING OFFICER in writing of:

(1) Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or

(2) Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract.

The CONTRACTING OFFICER shall promptly investigate the condition(s), and if he finds that such conditions do materially differ and cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly.

B. No claim of the CONTRACTOR under this article shall be allowed unless the CONTRACTOR has given the notice required in paragraph (A.) above; provided, however, the time prescribed therefore may be extended by the County.

C. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.

1.4 TERMINATION OF CONTRACT FOR CONVENIENCE:

A. The COUNTY may, by written notice to the CONTRACTOR, terminate this contract in whole or in part at any time, either for the COUNTY'S convenience or because of the failure of the CONTRACTOR to fulfill his obligations under this contract.

Upon receipt of such notice, the CONTRACTOR shall:

(1) Immediately discontinue any part or all services as directed by the County’s authorized representative, and

(2) Deliver to the COUNTY the originals of all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing under this contract, whether completed or in process.

B. If the termination is for the convenience of the COUNTY, an equitable adjustment in the contract price…