IFB-22160 Motor Coach Transportation Svcs final.pdf

IFB-22160 IFB Template Effective Date:

Motor Coach Transportation Services 2/17/2021

200 EAST NORTH AVENUE

BALTIMORE, MD 21202

INVITATION FOR BIDS

MOTOR COACH TRANSPORTATION SERVICES

IFB-22160

ISSUED BY: Procurement Office Baltimore City Public Schools 200 East North Avenue, Room 401 Baltimore, MD 21202 Attention: Ted King

IFB NUMBER: IFB-22160

RELEASE DATE: Wednesday, August 3, 2022

PRE-BID MEETING: Friday, August 12, 2022 @10:00 a.m.

Held virtually via a Microsoft Teams Meeting

QUESTIONS DUE: Monday, August 15, 2022 @ 4:00 p.m.

BID DUE DATE: Friday, August 26, 2022 @ 11:00 a.m.

Bids submitted electronically to eMarylandMarketplace Advantage website

DIRECT INQUIRIES TO: Ted King

PH: 443-691-8677

FX: 410-545-6977

E-mail: trking@bcps.k12.md.us

Entities are cautioned not to make changes to any of the terms and conditions in this solicitation. Doing so may render an Entity’s Bid unacceptable and subject to rejection. Questions and inquiries may be addressed as outlined in Part II, Item 4 of this solicitation. Any exceptions to the Baltimore City Public Schools’ (“City Schools’”) terms and conditions are not binding unless they are negotiated and affirmatively deemed mutually agreeable by the Entity and City Schools in an executed Contract. City Schools is not required to negotiate changes to its terms and conditions.

mailto:trking@bcps.k12.md.us

IFB-22160 IFB Template Effective Date:

Motor Coach Transportation Services 2/17/2021

TABLE OF CONTENTS

PART I: SCOPE OF WORK

1.0 INTRODUCTION AND DEFINITIONS

2.0 BACKGROUND

3.0 SCOPE OF SERVICES

4.0 EVERY STUDENT SUCCEEDS ACT (“ESSA”)

PART II: GENERAL TERMS AND CONDITIONS

1.0 STATEMENT OF CONFIDENTIALITY

2.0 TERM OF AGREEMENT

3.0 PRE-BID MEETING

4.0 QUESTIONS AND INQUIRIES

5.0 POINT OF CONTACT

6.0 CITY SCHOOLS PROJECT MONITOR/CITY SCHOOLS SUPERVISION

7.0 CONTRACT TYPE

8.0 PAYMENT TERMS

9.0 TRAVEL REIMBURSEMENT

10.0 ELECTRONIC PAYMENT

11.0 IFB REVISIONS

12.0 SUBMISSION DEADLINE

13.0 BID OPENING

14.0 DURATION OF BID

15.0 MINORITY & WOMEN BUSINESS ENTERPRISE PROGRAM

16.0 E-MARYLAND MARKETPLACE ADVANTAGE

17.0 INSURANCE

18.0 LIQUIDATED DAMAGES

19.0 CRIMINAL BACKGROUND CHECK/FINGERPRINTING/PHOTO IDENTIFICATION BADGE

20.0 LIVING WAGE

21.0 BONDING

22.0 TERMS AND CONDITIONS

23.0 BASIS OF AWARD

24.0 STATE OF MARYLAND CERTIFICATE OF GOOD STANDING

25.0 UNNECESSARILY ELABORATE BROCHURES

26.0 SERVICE LEVEL AGREEMENT

PART III: BID FORMAT

1.0 BID SUBMISSION FORMAT

2.0 VOLUME I: BID SUBMISSION FORMAT

PART IV: APPENDICES

APPENDIX A - SPECIAL TERMS AND CONDITIONS FOR SEALED BIDS

APPENDIX B - CITY SCHOOLS GENERAL ARTICLES

APPENDIX C - REFERENCES

APPENDIX D - NON-COLLUSION CERTIFICATE

APPENDIX E - DEBARMENT AFFIDAVIT

APPENDIX F - ANTI-BRIBERY AFFIDAVIT

APPENDIX G - ETHICS CERTIFICATION

APPENDIX H - EDGAR

APPENDIX I - BID FORM

IFB-22160 IFB Template Effective Date:

Motor Coach Transportation Services 2/17/2021

PART I: SCOPE OF WORK

1.0 INTRODUCTION AND DEFINITIONS

This Invitation for Bids (“IFB” or “solicitation”) is soliciting Bids from qualified Entities to provide Motor Coach Transportation Services

For purposes of this IFB, the following definitions apply: “City Schools” refers to the Baltimore City Board of School Commissioners, which operates a system of public schools commonly known as the Baltimore City Public School System or Baltimore City Public Schools; “Entity” or “Bidder” means any qualified, reliable, and interested broker, vendor, bidder, consultant, contractor, manufacturer, and/or other entity that responds to this IFB, as well as the entity awarded a Contract or otherwise duly authorized by City Schools to provide Services in accordance with applicable Laws; “Contract” or “Agreement” refers to the legally enforceable Contract or agreement between City Schools and the Entity that is the successful Bidder responding to this IFB; “Services” or “Work” refers to the work, deliverables, products, goods, materials, equipment, and/or services required to be provided or performed by the Entity under the terms of the Agreement; “Law” or “Laws” refers to any applicable federal, state, and local laws, regulations and rules, as well as Baltimore City Board of School Commissioners policies and administrative regulations, which are available at this link: www.baltimorecityschools.org/board-policies; and “Bid” means a bid or submission to City Schools in response to this IFB.

2.0 BACKGROUND

City Schools serves the needs of public education in Baltimore City, covering approximately 77 square miles, with a residential population of more than 646,000. It is the fourth largest public school system in the State of Maryland. City Schools operates 156 facilities over a ten-mile radius, which includes Pre-k, elementary, middle, and high schools as well as special education centers and alternative schools. The Central administration headquarters is located at 200 East North Avenue, Baltimore, Maryland.

City Schools is governed by the Baltimore City Board of School Commissioners (“Board”), which has 10 members (including a student member). The Board is appointed by the Mayor of Baltimore. The Board sets and oversees policy and implementation of regulations for the school system and approves all major appointments. The City Schools Chief Executive Officer reports to the Board.

City Schools currently has approximately 79,000 students supported by approximately 10,000 employees and an annual operating budget of approximately $1.3B.

The current contract for Motor Coach Transportation Services expires on October 24, 2022.

3.0 SCOPE OF SERVICES

The general scope of work shall consist of supplying motor coach bus service to City Schools for trips within Maryland and to other states in the Eastern United States.

As part of the U.S. Department of Transportation (U.S. DOT), the Federal Motor Carrier Safety Administration (FMCSA) is the bus and truck safety Agency for interstate travel.

http://www.baltimorecityschools.org/board-policies

IFB-22160 IFB Template Effective Date:

Motor Coach Transportation Services 2/17/2021

One of the FMCSA missions is to reduce roadway injuries and fatalities involving motor coaches. They issue, administer, and enforce FMCSA regulations and commercial regulations that apply to commercial motor vehicles.

Bus contractor must supply the Federal Motor Carrier (MC) number that represents the interstate operating authority issued by the Federal Motor Carrier Safety Administration

(FMCSA).

Bus contractor must supply the U.S. DOT identification number that identifies the carrier.

The FMCSA sets minimum safety standards that motor coach companies must follow for the buses they operate and the physical qualifications and operating rules for their drivers.

Driver Requirements:

a. Under FMCSA regulations, carriers are required to ensure their drivers are fully qualified.

b. The driver must hold a current Commercial Driver's License with a "passenger" endorsement.

c. The driver must hold a valid medical certificate from the Maryland Motor Vehicle Administration (MVA).

d. Bus contractor must have a driver drug/alcohol testing program that complies with FMCSA regulations.

e. Bus contractor must follow the FMCSA limits on how long a driver may drive, not more than 10 hours following 8 consecutive hours off duty. In the case that more than one (1) driver is required for the trip, all drivers must meet all FMCSA requirements.

f. Accommodations and meals for the bus driver are the responsibility of the Bus contractor.

g. Contractor shall ensure that all bus personnel, including but not limited to, its bus drivers meet the certification requirements as outlined in all applicable federal, State, and local laws and regulations, and in the Board’s policies and procedures.

These requirements include, but are not limited to, attendance at all City Schools and Contractor sponsored training meetings, timely driver submission to and passing of any required physical examination, background check and registration on the contractor’s roster submission to City Schools.

h. Contractor shall submit a written roster listing bus personnel to City Schools on a monthly basis, or as otherwise required by City Schools. The roster shall identify the individual’s full name, license number, social security number and other items as requested by City Schools. The Contractor’s submission of the roster constitutes an affirmation by the Contractor to City Schools that the bus personnel included therein meet all of the requirements set forth in this solicitation, and by any applicable law, regulation, or City Schools’ policies and procedures, necessary to perform services for the Board pursuant to this solicitation. All criminal background checks will be conducted by City Schools

IFB-22160 IFB Template Effective Date:

Motor Coach Transportation Services 2/17/2021

Bus Requirements:

a. Lavatories on the bus must be clean and in working condition.

b. Heat and A/C on the bus must be in working condition.

c. The bus must have working overhead lights.

d. The bus interior must be kept clean at all times during the trip.

e. Back up buses are only allowed for maintenance issues and advance notice must be given to City Schools for approval prior to use. If subcontracting another carriers' equipment and/or drivers to perform a trip, all of the FMCSA requirements remain in place for the bus and the driver/drivers.

f. Buses must be equipped with a GPS Tracking System.

g. Buses must be locked at all times to protect personal property of students, school officials and chaperons if unoccupied by bus driver.

h. Bus contractor must follow the FMCSA regulations on periodic safety inspections of all motor coaches in their fleet.

i. Bus contractor must systematically inspect, repair, and maintain all buses subject to their control per the FMCSA and any applicable state regulations.

j. Bus contractor must have in place procedures for roadside emergencies requiring repair or replacement of their motor coaches.

k. Optional - Buses may be DVD player equipped.

Reservation/Purchase Order Process:

a. Schools will request a PDF reservation/cost proposal and will confirm verbally back to Bus contractor that the Bus contractor has been chosen. Prior to the trip, the school will create a requisition, which will be converted to a Purchase Order. Bus contractor is responsible to obtain the Purchase Order prior to the trip.

b. City Schools may cancel motor coach trips at no charge or penalty if the Bus contractor is notified 48 hours in advance of the trip.

c. In some instances, the Bus contractor may assume the role of travel coordinator and assist the schools with booking overnight reservations. The cost for these lodgings will be broken out individually in the reservation/cost proposal. The Purchase Order will be all-inclusive and reflect the total cost of the trip.

d. City Schools must issue a Purchase Order for each trip in order for Bus contractor to be paid. City Schools will not prepay for any trips or pay any deposits for the trips. Terms are net 30 after the conclusion of the trip. City Schools is tax exempt from Maryland Sales Tax.

e. Once the trip is awarded no other charges are allowed (this includes fuel surcharges).

IFB-22160 IFB Template Effective Date:

Motor Coach Transportation Services 2/17/2021

f. In the case of extraordinary situations, other charges may be applied with the approval of City Schools’ Procurement Officer, prior to billing. This request must be in writing describing the cause of the issue. (Example – bus was delayed by the trip coordinator due to a student becoming ill).

Trip Requirements:

a. The school’s trip coordinator must be provided at the beginning of the trip with the bus driver’s cell phone contact information and an additional 24-hour emergency contact phone number for the Bus contractor.

b. The bus must remain with the group, if requested, otherwise it will be stated that a drop off and pick up from the venue is required at specific times.

c. The trip itinerary and pick-up and drop off times will be specific for each school trip.

Drug and Alcohol Testing

City Schools will be responsible for the administration of the federal Drug & Alcohol Testing Program. The contractor’s motor coach bus drivers are subject to drug and alcohol testing as required by applicable laws and regulations, including without limitation U.S. DOT regulations in Code of Federal Regulations, Title 49, Subtitle B, Maryland State Board of Education regulations in COMAR 13A.06.07, and the Board’s policies and procedures.

It is a requirement for each contractor to perform pre-employment drug and alcohol testing on its motor coach personnel before the contractor begins providing services to City Schools. The Contractor shall provide all test results to City Schools prior to driver training. The Contractor shall pay for all scheduled and random drug testing.

Upon request of the Board, Contractors shall submit reports and make records available for the Board to evaluate the Contractor’s performance under the terms of this solicitation. The purpose of such an evaluation is for the Board to ensure the contractor’s compliance with any aspect of this solicitation.

Motor Vehicle, Criminal, and Drug and Alcohol Test Records

The ability of Contractor to provide services to City Schools is contingent on City Schools’ initial and continuous satisfactory review of the motor coach driver’s motor vehicle record, criminal records, and drug and alcohol test records by City Schools. Any employment agreement between the contractor and employees shall include an authorization statement from the employee or prospective employee permitting City Schools to acquire, review and evaluate motor vehicle, criminal, and drug and alcohol test records, and include a waiver permitting City Schools to share acquired information obtained by City Schools with Contractors. Notwithstanding the requirements of this section, the Contractor is still responsible for ensuring its motor coach personnel are performing services in compliance with this solicitation, and any applicable federal, State or local law, regulation, or Board policies and procedures.

4.0 EVERY STUDENT SUCCEEDS ACT (“ESSA”)

Not Applicable.

IFB-22160 IFB Template Effective Date:

Motor Coach Transportation Services 2/17/2021

PART II: GENERAL TERMS AND CONDITIONS

1.0 STATEMENT OF CONFIDENTIALITY

It is understood and agreed that all information pertinent to this IFB may contain trade secrets, which are confidential and proprietary. The winning Bidder agrees not to disclose or knowingly use any confidential or proprietary information of the Baltimore City Schools and/or third-party participant.

Entities are notified that City Schools has unlimited data rights regarding Bids submitted in response to this IFB. “Unlimited data rights” means that City Schools has the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, or perform publicly and display publicly any information submitted by the Entity in response to this or any solicitation issued by City Schools. City Schools will exempt information that is confidential commercial or financial information of an Entity, as defined by the Maryland Public Information Act (“MPIA”), Title 4 of the General Provisions Article of the Maryland Annotated Code. It is the responsibility of the Entity to clearly identify each part of its Bid that is confidential commercial or financial information by stamping the bottom right-hand corner of each pertinent page with one-inch, bold face letters stating the words “confidential” or “proprietary”. The Entity agrees that any portion of the Bid that is not stamped as proprietary or confidential is not proprietary or confidential. As a condition for City Schools keeping the information confidential, the Entity must agree to defend and hold City Schools harmless if any information is inadvertently released. Each Entity must submit a proprietary and confidential redacted copy of its Bid to be used in responding to MPIA requests. However, and in accordance with the MPIA, Entities are hereby notified that every portion of the Bid may still be subject to disclosure under the MPIA.

2.0 TERM OF AGREEMENT

The anticipated term of the Contract that City Schools intends to award pursuant to this IFB shall be for three (3) years from the date of Board approval with one (1) two (2)-year renewal option(s) at the sole discretion of City Schools, subject to the termination provisions set forth in the attached City Schools General Articles (Appendix B). Please note: Multiple vendors will be awarded contracts as a result of this procurement.

3.0 PRE-BID MEETING

Entities are strongly encouraged to attend a pre-Bid meeting scheduled for August 12, 2022, at 10:00 a.m. EST. The pre-bid meeting will be conducted via Microsoft Teams.

Call-in details are below:

Microsoft Teams meeting Join on your computer or mobile app

Click here to join the meeting

Or join by entering a meeting ID

Meeting ID: 276 771 098 76

Passcode: 53oJuF

Or call in (audio only)

+1 443-961-1488,,679918758# United States, Baltimore

Phone Conference ID: 679 918 758#

Find a local number | Reset PIN https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjNjYzFkZjAtMmFlNC00NGJlLWI1MWQtMGY2ZTJmMjkzNjRj%40thread.v2/0?context=%7b%22Tid%22%3a%22065bb2f4-6fe3-414f-a910-f2886305c814%22%2c%22Oid%22%3a%2225ecfd1a-aa92-4d30-a880-faec69d6b82b%22%7d tel:+14439611488,,679918758 https://dialin.teams.microsoft.com/086aed28-7d04-4f8c-bdbb-89c4ddddf66e?id=679918758 https://dialin.teams.microsoft.com/usp/pstnconferencing

IFB-22160 IFB Template Effective Date:

Motor Coach Transportation Services 2/17/2021

Learn More | Meeting options

While attendance at the pre-bid meeting is not mandatory, the information presented is informative. All interested bidders are encouraged to attend in order to be better able to prepare an acceptable bid.

4.0 QUESTIONS AND INQUIRIES

No interpretation of the meaning of the specifications or other documents will be made to any Entity orally. Questions shall be submitted in writing to the Point of Contact (see Part II, § 5.0). If the Entity is allowed to submit the Bid in hard copy, the word "INQUIRY” and the IFB name and number must be noted on the envelope. Alternatively, inquiries may be e-mailed to the Point of Contact. The subject field of the e-mail must include "INQUIRY” and the IFB name and number.

To be given consideration, the questions must be received NOT LATER THAN Monday, August 15, 2022, at 4:00 p.m. EST. Questions that are deemed to be substantive in nature will be answered only in writing, with both the question(s) and answer(s) posted on https://emma.maryland.gov. Unless expressly authorized by the Point of Contact, contact by Entities with any other City Schools employee regarding this solicitation until the Contract is awarded by the Board will be considered by City Schools as an attempt to obtain an unfair advantage and result in non-consideration of the Entity’s Bid.

5.0 POINT OF CONTACT

Ted King, Buyer Baltimore City Public Schools Office of Procurement 200 E. North Avenue Baltimore, MD 21202 Phone: 443-691-8677 E-mail: trking@bcps.k12.md.us

6.0 CITY SCHOOLS PROJECT MONITOR/CITY SCHOOLS SUPERVISION

For purposes of the Contract awarded pursuant to this IFB, the City Schools Project Monitor is Jacinta Hughes, Director of Pupil Transportation.

The Entity’s performance will be under the technical direction of the City Schools Project Monitor, who will be responsible for ensuring the Entity’s compliance with the requirements of the Contract to include managing the daily activities of the Contract, providing technical guidance to the Entity, and overall project scheduling and coordination. The Entity shall be accountable to the City Schools Project Monitor on all matters relating to the scope of Work.

7.0 CONTRACT TYPE

The Contract resulting from this solicitation will be a Requirements Contract.

https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=25ecfd1a-aa92-4d30-a880-faec69d6b82b&tenantId=065bb2f4-6fe3-414f-a910-f2886305c814&threadId=19_meeting_YjNjYzFkZjAtMmFlNC00NGJlLWI1MWQtMGY2ZTJmMjkzNjRj@thread.v2&messageId=0&language=en-US https://emma.maryland.gov/ mailto:trking@bcps.k12.md.us

IFB-22160 IFB Template Effective Date:

Motor Coach Transportation Services 2/17/2021

8.0 PAYMENT TERMS

The prices, rates, and other compensation for Services performed is as described in the Agreement. When transportation or freight charges are billed to City Schools, a paid freight bill must accompany the invoice. Invoices received unaccompanied by such evidence will be paid only upon acceptance by City Schools. Cartage, handling, packaging, or boxing charges will not be allowed unless specifically so stated in the purchase order.

The Parties acknowledge and agree that the Entity’s invoices are to be submitted to City Schools in a timely manner, per the terms of a purchase order, after the Services have been provided to City Schools. If invoices are submitted more than one calendar year after the last date the Entity’s Services have been rendered or the last date when Services were accepted by City Schools, then City Schools shall have no obligation to pay for the stale invoices. City Schools shall have no obligation to pay for Services performed before City Schools approves the Agreement or after it terminates, in excess of the monetary amount of the Agreement, or prior to the issuance of a purchase order. The Entity shall comply with additional City Schools guidance regarding invoices, Bids, and quotes, available on the City Schools website (https://www.baltimorecityschools.org/sites/default/files/inline-files/Quote- InvoiceGuidancev10.6.20.pdf).

The Entity’s invoices shall be approved for payment by the City Schools Project Monitor only after the City Schools Project Monitor is satisfied that the Entity is performing the Services and has prepared the invoice as required by the Agreement. Prior to approving any Entity invoices for payment, City Schools, through any authorized representative, has the right at all reasonable times to inspect, or otherwise evaluate, the Services performed or being performed at the premises on which it is being performed. If any inspection or evaluation is made by City Schools on the premises of the Entity or any of its subcontractors, the Entity shall provide and shall require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City Schools representatives in the performance of their duties. All inspections and evaluations shall be performed so that they will not unduly delay the Services.

Within thirty (30) days after receipt of each invoice and accepting the Services, City Schools shall, except as provided in the Agreement, pay for the Services performed when approved by the City Schools Project Monitor. A payment schedule will be jointly developed between City Schools and the Entity. City Schools reserves the right to submit payment using an electronic payment method, such as credit card, Single Use Account, or Automated Clearing House. The Entity shall not assess City Schools with any additional charge, fee, or price for the use of these electronic payment methods.

Regardless of any other provisions of the Agreement, failure of the Entity to submit required reports when due or failure to perform or deliver acceptable Services will result in City Schools withholding or limiting payments under the Agreement until such time as City Schools determines that the Entity has met the performance terms as established by this Agreement, unless such failure arises pursuant to Article 7 (“Force Majeure”) of the City Schools General Articles and without the fault or negligence of the Entity. City Schools shall promptly notify the Entity of its intention to withhold or limit payment of any invoice submitted.

If at any time City Schools determines that a cost for which payment has been made is a disallowed cost, such as overpayment, City Schools shall notify the Entity in writing of the https://www.baltimorecityschools.org/sites/default/files/inline-files/Quote-InvoiceGuidancev10.6.20.pdf https://www.baltimorecityschools.org/sites/default/files/inline-files/Quote-InvoiceGuidancev10.6.20.pdf

IFB-22160 IFB Template Effective Date:

Motor Coach Transportation Services 2/17/2021 disallowance or claim for unallowable costs. City Schools shall also state the means of correction, which may be, but shall not be limited to, adjustment of any future claim submitted by the Entity by the amount of the disallowance, or to require repayment of the disallowed amount by the Entity.

The Entity shall fully comply with any Bid, payment, performance bond and/or other bonding or surety obligations as set forth in this IFB.

9.0 TRAVEL REIMBURSEMENT

Not applicable. Fees for parking with be reimbursed. Costs shall be included with invoices for motor coach transportation.

10.0 ELECTRONIC PAYMENT

City Schools has the ability to process payments to contractors electronically using the CTX+ (“Corporate Trade Exchange”) payment format. The payment format will contain summarized information and will not provide details concerning each invoice amount included in the check total if the depositing bank does not accept CTX+ format. Entities must contact their bank in order to receive the CTX+ format and the depositing bank may charge a fee for this format. Entities need to discuss potential charges with their bank.

Please complete and submit the Authorization for Entity Payment - ACH form. Forms can be obtained by visiting the City Schools procurement website:

https://www.baltimorecityschools.org/procurement. City Schools will only process ACH forms for awarded Entities.

11.0 IFB REVISIONS

Should it become necessary to revise any part of this IFB, addenda will be posted on https://emma.maryland.gov. All addenda, amendments or changes issued shall be deemed received by the Entity, provided they are posted to eMaryland Marketplace Advantage or the City Schools website. Failure of any Entity to receive or acknowledge receipt of such addenda or interpretation shall not relieve any Entity from any obligations under this IFB as amended by all addenda. All addenda so issued shall become part of the Contract award.

12.0 SUBMISSION DEADLINE

Bids for this solicitation are being accepted solely online through eMaryland Marketplace Advantage (https://emma.maryland.gov). The Bid Due date is Friday, August 26, 2022, at 11:00 am local time. Bids will be opened electronically in eMM as soon as practicable after the deadline for the receipt of bids in the solicitation. Bid results will not be given by phone.

Bidders’ response shall be submitted as one PDF on-line to eMaryland Marketplace Advantage. Bids will not be accepted by fax, by postal mail, by electronic mail, or by hand delivery.

Hard copy submissions will not be accepted. All Bids must be submitted electronically as a combined pdf document.

https://emma.maryland.gov/

IFB-22160 IFB Template Effective Date:

Motor Coach Transportation Services 2/17/2021

13.0 BID OPENING

Bids will be opened electronically in eMaryland Marketplace Advantage as soon as practicable after the deadline for the receipt of bids in the solicitation.

All Bids shall be opened virtually in the presence of one or more witnesses. The amount of each bid, and such other relevant information as may be specified in the Invitation for Bid, together with the name of each bidder shall be recorded.

The bid tabulation will be available to the respondents for review once the Procurement Office has completed its review of all submitted bids.

14.0 DURATION OF BID

A Bid submitted in response to this solicitation is binding upon the Entity and is considered irrevocable for a minimum of 180 days following the closing date for receipt of initial Bids or the closing date for receipt of a best and final offer, if applicable.

15.0 MINORITY & WOMEN BUSINESS ENTERPRISE PROGRAM

During the MBE/WBE goal determination process, this solicitation was not assigned M/WBE goals pursuant to City Schools Administrative Regulation DJA-RA, Procurement, pertaining to Minority and Women’s Business Enterprises (MBE/WBE Requirements).

16.0 E-MARYLAND MARKETPLACE ADVANTAGE

eMaryland Marketplace Advantage (https://emma.maryland.gov) is the primary site for

City Schools to transmit solicitations over $50,000.00. This website also serves to publish any addenda, associated materials, Entity/Bidder questions and City Schools’ responses, and other solicitation related information.

Notices of solicitations are also posted on our website www.baltimorecityschools.org in accordance with the Maryland Annotated Code, State Finance and Procurement Article § 13-103 Competitive Sealed Bids, Article § 13-104 Competitive Sealed Bids, and Article § 13-107 Sole Source Procurements.

The eMaryland Marketplace Advantage 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 e-commerce website eMaryland Marketplace Advantage (“eMMA”). All Entities are required to register with eMaryland Marketplace Advantage, so that the award notice can be properly published.

17.0 INSURANCE

Insurance requirements are set forth in Article 20 of the attached City Schools General Articles (Appendix B). The Entity shall submit with their Bid a Certificate of Insurance that complies with § 19-116 of the Insurance Article, Maryland Annotated Code. The Baltimore City Board of School Commissioners should be named as Additional Insured on the Entity’s insurance and named as Certificate Holder. The Entity’s insurance shall be effective at time that the Entity submits its Bid. If the Certificate of Insurance contains a minor irregularity, the Entity will be allowed five (5) business days to cure the minor http://www.baltimorecityschools.org/

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Motor Coach Transportation Services 2/17/2021 irregularity or be determined non-responsive. The Insurance Certificate shall meet the insurance coverage required by Article 20 of the attached City Schools General Articles.

18.0 LIQUIDATED DAMAGES

Not applicable for this procurement.

19.0 CRIMINAL BACKGROUND CHECK/FINGERPRINTING/PHOTO IDENTIFICATION

BADGE

Depending upon the type of services that the Entity performs and the Entity’s access to students and/or student records, the Entity’s (and its subcontractor’s) employees may be required to submit to a criminal background check and fingerprinting. Also, such employees may be required to obtain a photo identification badge. A full statement of these requirements is set forth in Article 18 (“Obligations Regarding Criminal Records of Individuals Assigned to Work in City Schools Facilities”) of the City Schools General Articles (Appendix B).

20.0 LIVING WAGE

During the term of the Contract resulting from this solicitation, the Entity shall pay its employees a Living Wage in accordance with Baltimore City Living Wage legislation and regulations. Baltimore City’s current Living Wage can be obtained by going to https://civilrights.baltimorecity.gov/wage-commission/wages#living or by contacting the Baltimore Wage Commission at 410-396-4835. The award amount of the Contract resulting from this solicitation cannot be increased for the Entity’s failure to factor into its Bid any future increases in the Living Wage rates in effect at the time of this solicitation during the initial Contract term.

21.0 BONDING

Not applicable for this procurement.

22.0 TERMS AND CONDITIONS

City Schools plans to enter into a contractual agreement with the Entity, subject to these IFB General Terms and Conditions and the Special Conditions for this IFB (Appendix A).

The Contract between City Schools and the Entity shall include the City Schools General Articles (Appendix B), unless modified in writing by City Schools.

In the event of conflict between the City Schools General Articles (Appendix B) and these General Terms and Conditions or the Special Terms and Conditions (Appendix A), the City Schools General Articles shall take precedence.

In the event of a conflict between this IFB and any of the terms and conditions proposed by any Entity or incorporated in any acknowledgement of Contract awarded to the successful Entity, then, and in such event, the terms and conditions stated herein shall take precedence, unless modified in writing by the Director of Procurement.

Any exceptions to City Schools’ terms and conditions are not binding unless they are: (i) negotiated and deemed mutually agreeable by the successful Entity and City Schools;

https://civilrights.baltimorecity.gov/wage-commission/wages#living

IFB-22160 IFB Template Effective Date:

Motor Coach Transportation Services 2/17/2021 and (ii) memorialized in a binding agreement between the successful Entity and City Schools. Bids must clearly identify any variances from, or exceptions or objections to: (i) the specifications in this IFB; (ii) each term and condition of the City Schools General Articles (Appendix B); (iii) these General Terms and Conditions; and (iv) the Special Terms and Conditions (Appendix A). In the absence of any response to the contrary, City Schools will conclude that the Entity agrees to and will hold the Entity strictly accountable to City Schools for: (i) the specifications in this IFB; (ii) each term and condition of the City Schools General Articles (Appendix B); (iii) these General Terms and Conditions; and (iv) the Special Terms and Conditions (Appendix A). City Schools is not required to negotiate changes to its terms and conditions, and Entities should note that any variance from the aforementioned terms and conditions may provide the basis for City Schools to reject the Entity’s Bid. In particular, the following provisions are non-negotiable: (i) the Special Terms and Conditions (Appendix A); and (ii) the provisions set forth in the following Articles in the City Schools General Articles (Appendix B)—Articles 5 (“Entity’s Responsibilities”), 6 (“Subcontractors”), 10 (“Termination”), 11 (“Non-Appropriation”), 12 (“Disputes”), 13 (“Integrity, Ethics, and Conflicts of Interest”), 14 (“Publication and Publicity”), 15 (“Data Collection and Confidential Information”), 16 (“Intellectual Property”), 18 (“Obligations Regarding Criminal Records of Individuals Assigned to Work in City Schools Facilities”), 19 (“Indemnification and Liability”), 20 (“Insurance”), 21 (“Order of Precedence”), 23 (“Governing Law and Jurisdiction”), 24 (“Entire Agreement”), 25 (“Successors and Assigns”), 26 (“Guarantee”), and 27 (“Notice”). In addition, any deviation by the awarded Entity, without prior documented approval, will be grounds for rejection of the Services or of any goods, and/or equipment when delivered.

23.0 BASIS OF AWARD

Notice of the intent to award the Contract will be provided with reasonable promptness by written notice from the Director of Procurement, or his/her designee, to the lowest responsible and responsive Entities whose Bid meets the requirements and criteria set forth in this IFB.

24.0 STATE OF MARYLAND CERTIFICATE OF GOOD STANDING

Entities shall submit a State of Maryland Certificate of Good Standing or other State of Maryland issued documentation verifying the Entity is in Good Standing with the Department of Assessments and Taxation of Maryland and/or registered to do business in the State of Maryland. The Maryland Certificate of Good Standing must be issued no later than sixty (60) days prior to the Bid Due Date. If the Certificate of Good Standing contains a minor irregularity, the Entity will be allowed five (5) business days to cure the minor irregularity or be determined non-responsive. Certificates of Status may be obtained online by visiting the following website: https://egov.maryland.gov/BusinessExpress/

This requirement applies to both Domestic and Foreign (out of state) Entities. Foreign entities should contact the State Department of Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21201 at 888-246-5941, to determine and apply for the appropriate documentation.

25.0 UNNECESSARILY ELABORATE BROCHURES

Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective Bid are not desired and may be construed as an https://egov.maryland.gov/BusinessExpress/

IFB-22160 IFB Template Effective Date:

Motor Coach Transportation Services 2/17/2021 indication of the Entity’s lack of cost consciousness. Elaborate artwork and expensive visual and other presentation aids are neither necessary nor wanted.

26.0 SERVICE LEVEL AGREEMENT

Not applicable.

THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY.

IFB-22160 IFB Template Effective Date:

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PART III: BID FORMAT

City Schools will only except Bid responses submitted electronically to eMaryland Marketplace Advantage (https://emma.maryland.gov).

Bidders response shall be submitted in one (1) separate PDF document on-line to eMaryland Marketplace. Advantage

1.0 BID SUBMISSION FORMAT – ONE-PART SUBMISSION

A. Bids shall be submitted electronically via the eMaryland Marketplace Advantage website (https://emma.maryland.gov). Bids will not be accepted by fax, by postal mail, electronic mail or by hand delivery.

Bidders shall submit in one (1) separate attachment on eMMA the following.

Volume I – Bid submission

2.0 VOLUME I: BID SUBMISSION FORMAT

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

TAB A. TRANSMITTAL LETTER

Bids are to be accompanied by a brief transmittal letter prepared on the Entity’s letterhead and signed by an individual who is authorized to commit the Entity to the Services and requirements in the IFB and Bid. This transmittal letter shall include:

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

2. The Entity’s Federal Tax Identification Number or Social Security Number.

3. A brief statement of the Entity’s understanding of the Work to be done, the commitment to perform the Work within the time period, and a statement of why the firm believes it is best qualified to perform the engagement.

4. A statement that the Bid is a firm and irrevocable offer for a period of one-hundred eighty (180) days.

5. Acknowledgement of all Addenda to this IFB.

TAB B. TABLE OF CONTENTS

TAB C. EXPERIENCE AND CAPABILITIES

The Entity shall provide information on past and current experience with rendering services similar in size and scope to those in this IFB. This description shall include:

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1. Summary of the Services offered including: the number of years the Entity provided these Services; the number of clients and geographic locations the Entity currently serves, etc. and has served; and, if a past customer, why the Entity is no longer providing services.

2. Organizational chart of the Entity showing: the major components of the unit(s) that will be performing the requirements of the Contract; where the management of the Contract will fall within the organization; and what resources will be available to support this Contract in primary, secondary, and back-up roles.

3. Name all key personnel who will perform Work under the Contract and include each individual’s resume. Include work history, educational background and indicate the proposed role/function of each individual.

4. At least five (5) recent references from its customers who are capable of documenting the following: a) the Entity’s ability to manage similar Contracts, b) the quality and breadth of Services provided by the Entity under similar Contracts (see Appendix C).

TAB D. FISCAL INTEGRITY/FINANCIAL STATEMENTS

1. The Entity shall include in its Bid completed audited financial statements including the auditor’s notes, for its last two fiscal years. If the Entity has not had its financial statements audited by an independent accounting firm, the Entity must submit such un-audited financial statements as it has. Some acceptable methods include but are not limited to one or more of the following:

a. Recently audited (or best available) financial statements

b. Dunn and Bradstreet Report and Rating

c. Standard and Poor’s Report and Rating

d. Lines of credit

e. Evidence of a successful financial track record

f. Evidence of adequate working capital

2. The Entity shall identify any claims filed by or against the Entity during the past five

(5) years. For each claim, please provide: case caption including case number, court in which the matter was filed, a summary of the allegations, and resolution, if applicable. The failure to provide accurate information may be determined to be a material breach of any future agreement or Contract with City Schools.

TAB E. FORMS

Entity shall provide and execute all of the following or their Bid may be found non-responsive:

1. Certificate of Status (State of Maryland Certificate of Good Standing issued by the Department of Assessments and Taxation);

2. Completed W9 (a blank form is available at: http://www.irs.gov/pub/irs-pdf/fw9.pdf);

3. Certificate of Insurance that complies with §19-116 of the Insurance Article, Maryland Annotated Code

4. Completed Non-Collusion Certificate (Notarized) (Appendix D);

5. Completed Debarment Affidavit (Notarized) (Appendix E);

http://www.irs.gov/pub/irs-pdf/fw9.pdf

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6. Completed Anti-Bribery Affidavit (Notarized) (Appendix F);

7. Completed Ethics Certification (Notarized) (Appendix G);

8. Completed Education Department General Administrative Regulations (“EDGAR”) Certifications (Appendix H); and

9. Completed Bid Form (Appendix I).

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

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PART IV: APPENDICES

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APPENDIX A - SPECIAL TERMS AND CONDITIONS FOR SEALED BIDS

These Special Terms and Conditions shall apply unless otherwise noted in General Terms and Conditions attached to individual Bid request. It shall be the Entity’s sole responsibility to ensure it is compliant with all applicable Laws that may impact any Contract awarded pursuant to this IFB. City Schools shall bear no responsibility for monitoring the Entity’s compliance with Laws. If the Entity fails to maintain legal compliance, City Schools may find said Entity in default.

1. GENERAL BID REQUIREMENTS

a. AUTHORIZED DEALERS: Only authorized dealers may submit a Bid for requested equipment. At the discretion of City Schools, a certificate, executed by the manufacturer, may be requested stating that the Entity is an authorized agent of the manufacturer and is duly authorized to service and maintain the equipment.

b. INSPECTIONS: After Bid award, City Schools reserves the right to have inspectors on the premises of the manufacturer during the process of manufacture of any products being furnished under this IFB for as long as may be considered necessary by City Schools. All expenses of the inspectors shall be borne by City Schools. The presence of the inspectors at the site of manufacture of the products shall not relieve the awarded Entity of responsibility for faulty workmanship of materials that may be discovered at any time after delivery and prior to final acceptance in accordance with the specifications. In case of factory inspection of items being manufactured for City Schools, every facility shall be afforded inspectors by the manufacturers for the pursuance of their work.

c. TYPES OF PURCHASES: These specifications are intended to cover the various types of purchases of equipment, materials, supplies, or services as shown to any or to each of the various schools, offices, or to any designated warehouse or warehouses in Baltimore City, Maryland, whichever is specified, in quantities to be determined subsequent to the Bid opening. There are approximately 200 schools and offices in City Schools.

d. SINGLE PRICE: Unless otherwise specified in the General Terms and Conditions attached to this IFB, the Entity will not be allowed to offer more than one price on each item, even though the Entity may feel that it has two or more types or styles that will meet specifications. The Entity must determine which to offer. If the Entity should submit more than one price on any item, all prices for that item will be rejected.

e. AGGREGATE BIDS: Where provision is made on the Bid form for bidding items on an individual, group or aggregate basis, the award will be made on whichever basis is in the best interest of City Schools. When an aggregate Bid is requested, the unit prices for each item shall be identified in the Bid response. The unit prices in an aggregate Bid should be consistent with the total quoted price for an aggregate price Bid. No Bid or a combination of items will be permitted except as noted in the General Terms and Conditions.

f. MINIMUM REQUIREMENTS: Whenever mention is made of any article, material, or workmanship to be in accordance with Laws (including, but not limited to, building codes, underwriter's code, A.S.M.E. regulations, or similar expressions), the requirements of these Laws shall be construed as to the minimum requirements of these specifications. In

IFB-22160 IFB Template Effective Date:

Motor Coach Transportation Services 2/17/2021 case of any apparent conflict between the specifications and Laws, the awarded Entity shall call said conflict to the attention of City Schools’ Director of Procurement for a decision before proceeding with any Work.

g. USE OF BRAND NAMES: Brand names and model numbers are offered as a reference for Entities as to the style, size, weight, and other characteristics of the item(s) in the specifications. The use of such brand names should not be interpreted to be the exclusive brand desired unless so stated. The determination of the acceptability and/or the criteria for acceptability of an alternate is solely the responsibility of City Schools.

h. PRODUCT OFFERED BY THE ENTITY: The product offered by the Entity shall be new, not used, and the latest version of the product. Should a product be discontinued and/or upgraded during the course of the Contract, the Entity shall offer to City Schools a new alternate product that meets and/or exceeds the established specifications, under the same terms, conditions, and prices as the originally offered item.

i. COMPLIANCE WITH SPECIFICATIONS: The Entity shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission in the IFB but shall fully complete every part as the true intent and meaning of the drawings and specifications, as decided by the Director of Procurement. Where the requirements of the specifications call for higher grade and are not in conflict with Law, the specifications shall govern. Where the requirements of Law are mandatory, they shall govern. The successful Entity, after award and before manufacture and/or shipment, may be required to submit working drawings or detailed descriptive data identified as acceptable to City Schools, which would provide sufficient data to enable City Schools to judge the Entity's compliance with the specifications.

j. SUBCONTRACTORS: The awarded Entity’s use of subcontractors shall be governed by

Article 6 (“Subcontractors”) of the City Schools General Articles (Appendix B). The awarded Entity shall provide the name of the subcontractor(s) it intends employing, the portion of the materials/labor to be furnished, their place of business, and such other information as requested by the specifications and/or the Director of Procurement or his or her designee. The information may be used in considering the potential performance capabilities of the subcontractor(s). The awarded Entity shall not, without prior written consent of City Schools, assign any of the monies payable under the Contract.

k. COOPERATIVE PURCHASING: City Schools reserves the right to extend the terms and conditions of this solicitation to any and all other agencies within the state of Maryland as well as any other federal, state, municipal, county, or local governmental agency under the jurisdiction of the United States and its territories. This shall include but not be limited to private schools, parochial schools, non-public schools such as charter schools, special districts, intermediate units, non-profit agencies providing services on behalf of government, and/or state, community and/or private colleges/universities that require these goods, commodities and/or services. This is conditioned upon mutual agreement of all parties pursuant to special requirements, which may be appended thereto. The supplier/contractor agrees to notify the issuing body of those entities that wish to use any Contract resulting from the Bid and will also provide usage information, which may be requested. A copy of the Contract pricing and the Bid requirements incorporated in this IFB will be supplied to requesting agencies.

Each participating jurisdiction or agency shall enter into its own Contract with the awarded Entity(s) and the Contract shall be binding only upon the principals signing such an

IFB-22160 IFB Template Effective Date:

Motor Coach Transportation Services 2/17/2021 agreement. Invoices shall be submitted in duplicate "directly" to the ordering jurisdiction for each unit purchased. Disputes over the execution of any Contract shall be the responsibility of the participating jurisdiction or agency that entered into that Contract. Disputes must be resolved solely between the participating agency and the awarded Entity.