IFB_PUR25-034_Furnish_and_Delivery_Electrical_Materials__final_.pdf

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

IFB PUR-25-034 FURNISH AND DELIVER ELECTRICAL MATERIALS

INVITATION FOR BID (IFB)

FURNISH AND DELIVER ELECTRICAL MATERIALS

ISSUED BY: Prince George’s County Public Schools

Department of Purchasing and Supply Services

IFB NUMBER: IFB PUR-25-034

IFB TITLE: FURNISH AND DELIVER ELECTRICAL MATERIALS

RELEASE DATE: Friday, January 31, 2025 PRE-BID MEETING: (N/A) Not Applicable for this Solicitation QUESTIONS DUE DATE/TIME: Friday, February 14, 2025 @11am ET BID DUE DATE/TIME: Thursday, March 6, 2025 @11am ET DIRECT INQUIRIES TO: Michelle Tucker, Purchasing Specialist

Michelle2.Tucker@pgcps.org TECHNICAL OFFICER: David Ballinger (Do Not Contact)

To All Prospective Bidders:

Prince George’s County Public Schools (PGCPS) is soliciting sealed bids from qualified vendors in response to IFB PUR-25-034, FURNISH AND DELIVER ELECTRICAL MATERIALS

Solicitation Documents may be obtained by:

● Download the solicitation by accessing the Maryland Marketplace link: https://emma.maryland.gov

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

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

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

TABLE OF CONTENTS

PART I: INTRODUCTION AND BACKGROUND: 5

1. PURPOSE 5

2. SUMMARY OF SCOPE 5

3. NON-EXCLUSIVE 5

4. BIDDERS IN LEGAL PROCEEDINGS WITH PGCPS 5

5. PERIOD OF PERFORMANCE 6

6. OPTION TO EXTEND SERVICE 6

7. CONTRACT TYPE 6

8. SUBCONTRACTOR(S) / TEAMING PARTNER(S) 6

9. POINT OF CONTACTS 6

PART II: INSTRUCTIONS TO BIDDERS 7

1. BIDDER KNOWLEDGE OF TERMS AND CONDITIONS 7

2. BID SCHEDULE 7

3. BID SUBMISSION REQUIREMENTS 7

4. eMARYLAND MARKETPLACE ADVANTAGE (eMMA) 7

5. BIDDER MARKINGS 7

6. BIDDER SUBMISSION LAYOUT 8

7. BIDDER DELIVERY 8

PART III: SCOPE OF WORK 11

1. OVERVIEW 11

2. REQUIREMENTS 14

3. MATERIALS/SPECIFICATIONS 14

4. PACKAGING 14

5. SPECIFICATIONS – See ATTACHMENT A COST AND PERCENTAGE OFF BID FORM 15

6. INSTALLATION - N/A: 15

7. INSPECTION 15

8. UNFORESEEABLE CONDITIONS 15

9. DAMAGE 15

10. VANDALISM/THEFT 15

11. PROJECT IMPLEMENTATION TIMEFRAME 15

13. WARRANTY 15

PART IV: BID EVALUATION AND AWARD 17

1. BIDDER RESPONSIBILITY 17

2. BID EVALUATION CRITERIA 17

3. EVALUATION PROCESS 17

4. AWARD DETERMINATION 18

PART V: GENERAL TERMS AND CONDITIONS 19

1. PARTNERSHIPS 19

2. CORPORATIONS 19

3. SPECIAL SAMPLES WITH CERTIFIED APPROVAL 19

4. BID PREPARATION FEES 19

5. RIGHT TO PROTEST 19

6. APPEAL OF CONTRACT AWARD DECISION: 20

7. COMMENCEMENT OF SERVICES 20

8. ADDENDA 20

9. STATEMENT OF CONFIDENTIALITY 21

10. TERM OF AGREEMENT 21

11. PRE-BID MEETING N/A: 21

12. PAYMENT TERMS 21

13. MINORITY BUSINESS ENTERPRISE PROGRAM 22

14. LOCAL MBE INITIATIVE 22

15. MINORITY BUSINESS ENTERPRISE PROHIBITIONS 22

16. CYBER LIABILITY INSURANCE 22

17. LIQUIDATED DAMAGES 22

18. FINGERPRINT CRIMINAL HISTORY BACKGROUND CHECKS, CHILD PROTECTIVE SERVICE

CLEARANCES, AND SAFE SCHOOLS TRAINING REQUIREMENTS 23

19. EDUCATIONAL/MEDICAL/PSYCHOLOGICAL RECORDS 24

20. PROTECTION OF STUDENT RECORDS 24

21. LEGAL COMPLIANCE 25

22. EPA COMPLIANCE 25

23. BONDING N/A: 25

24. PERSONAL IDENTIFIABLE INFORMATION (PII) 26

25. BIDDER PERFORMANCE EVALUATION 26

PART VI: SPECIAL TERMS AND CONDITIONS 27

1. INVITATION FOR BID (IFB) 27

2. GENERAL REQUIREMENTS 27

3. PRICES 30

4. ITEM DELIVERY 30

5. GUARANTEE AND WARRANTIES 31

6. ANNULMENTS AND RESERVATIONS 31

7. TERMINATION OF CONTRACT 32

8. GOVERNING LAW & VENUE 33

9. CONTRACT TERMS AND CONDITIONS 33

10. CHANGES IN TERMS OR DELIVERY 35

APPENDIX A – BID AND ADDENDUM ACKNOWLEDGEMENT 36

APPENDIX A – BID AND ADDENDUM ACKNOWLEDGEMENT (CONTINUED) 37

APPENDIX B – PAST PERFORMANCE REFERENCES 38

APPENDIX B – PAST PERFORMANCE REFERENCES (CONTINUED) 39

APPENDIX B – PAST PERFORMANCE REFERENCES (CONTINUED) 40

APPENDIX C - NON-COLLUSION CERTIFICATE 41

APPENDIX D - DEBARMENT AFFIDAVIT 42

APPENDIX E - ANTI-BRIBERY AFFIDAVIT 43

APPENDIX F - CERTIFICATE OF INSURANCE COVERAGE 44

APPENDIX G - FINANCIAL BID FORM 47

APPENDIX H - MBE FORM 49

APPENDIX I – STATE OF MARYLAND TAX CERTIFICATION 50

APPENDIX J – CERTIFICATION OF COMPLIANCE 51

APPENDIX K – VENDOR CONFLICT OF INTEREST DISCLOSURE FORM 53

APPENDIX L – STATE OF MARYLAND CERTIFICATE OF GOOD STANDING 54

PART I: INTRODUCTION AND BACKGROUND:

The Board of Education of Prince George’s County (The Board) serves the needs of public education in Prince George’s County, covering approximately 1,789 square miles, with a residential population of more than 904,430.

Prince George's County Public Schools (PGCPS), one of the nation's 20th largest school districts, has 208 schools and centers, approximately 131,657 students and nearly 22,000 employees and an annual operating budget of $2.3 billion.

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

1. PURPOSE

The Board of Education of Prince George’s County (The Board) is issuing this Invitation for bid (IFB) to FURNISH AND DELIVER ELECTRICAL MATERIALS as defined in Part III, Scope of Work. These goods and services are to be performed primarily for the Department of Maintenance services. However, the goods and services may be requested by other Departments within the Prince George’s County Public School system.

2. SUMMARY OF SCOPE

The BOARD requests bids for the work detailed and specified in the IFB. Typical goods and services performed under this contract shall include the Furnishing and Deliver FURNISH AND DELIVER ELECTRICAL MATERIALS. Responses submitted must meet or exceed all requirements. Bids that do not meet or exceed all requirements will be considered non-responsive. All exceptions must be noted.

3. NON-EXCLUSIVE

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

4. BIDDERS IN LEGAL PROCEEDINGS WITH PGCPS

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

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

5. PERIOD OF PERFORMANCE

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

6. OPTION TO EXTEND SERVICE

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

7. CONTRACT TYPE

The contract resulting from this solicitation shall be a Fixed Rate. Vendors are encouraged to partner with local bidders or firms if they don’t meet all the required expertise or MBE requirements.

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

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

9. POINT OF CONTACTS

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

PART II: INSTRUCTIONS TO BIDDERS

1. BIDDER KNOWLEDGE OF TERMS AND CONDITIONS

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

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

2. BID SCHEDULE

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

Solicitation Milestones Milestone Dates and Times Issue IFB Solicitation Friday, January 31, 2025 Pre-Bid Meeting N/A - Not Applicable for this solicitation IFB Questions Due Date and Time Friday, February 14, 2025 @11am ET IFB Bid Due Date and Time Thursday, March 6, 2025 @11am ET

3. BID SUBMISSION REQUIREMENTS

In order to be eligible, bids must be received via eMaryland MarketPlace Advantage (eMMA) no later than Thursday, March 6, 2025 @11am ET.

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

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

5. BIDDER MARKINGS

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

6. BIDDER SUBMISSION LAYOUT

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

All of the information requested is to be addressed directly and completely. It is more desirable to give additional information than less when the answer could be misinterpreted.

The bid submission will include four (4) parts. Each part shall be submitted as a Separate File in accordance with the following:

Volume I - Technical Volume II - Minority Business Enterprise (MBE) Volume III – Cost Bid Volume IV - Appendices

7. BIDDER DELIVERY

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

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

a. VOLUME I - TECHNICAL The Technical Bid shall be submitted in PDF format. Bidders shall not include any pricing. Bidder shall include a table of contents and all pages in the technical proposal must be numbered, consecutively from beginning to end and separated by tabs as described below:

1) TAB A – TRANSMITTAL LETTER

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

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

The Bidders’ Dunn and Bradstreet ID Number.

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

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

2) TAB B – LEGAL CLAIMS

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

3) TAB C – EXPERIENCE AND CAPABILITIES

Bidder shall prepare and present a Technical Bid in such a way as to demonstrate the degree to which the bidder has actually performed similar work and has the technical expertise, capacity, staffing, experience and capabilities to perform and satisfy the requirements of the IFB.

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

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

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

b. VOLUME II - MINORITY BUSINESS ENTERPRISE (MBE)

A MBE goal of 15% has been established for the contract representing a percentage of the total Contract dollar value, including all renewal option terms. Minority Businesses included in the bid package at time of bid opening, cannot be changed without prior approval of the Director of Purchasing and Supply Services.

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

If the Bidder is a MBE certified by MDOT, a statement indicating this fact along with the MBE Certification Number is required.

If the Bidder is NOT a MBE certified by MDOT, the bidder shall 1) provide form requesting a full or partial waiver of the overall goal, or 2) provide a MBE Utilization Affidavit with the Bid. To access forms, See MBE Administrative Procedures (AP) 3325. https://www.pgcps.org/offices/general-counsel/administrative-procedures/3000---business--non-instructional-operations/ap-3325---minority-business-enterprise-Purchasing-procedures

The Minority Business(es) identified in Affidavit at time of bid opening, cannot be changed without prior approval of the Director of Purchasing and Supply Services.

Refer to Part V, General Terms and Conditions and 13.0 MINORITY BUSINESS ENTERPRISE PROGRAM to learn more about MBE.

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

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

a. Dun & Bradstreet Rating

b. Standard and Poor’s Rating

c. Lines of credit

d. Evidence of a successful financial track record

e. Evidence of adequate working capital.

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

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

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

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

PART III: SCOPE OF WORK

1. OVERVIEW

The intent of this Invitation for Bid is to establish a firm fixed price and a rate of discount for the Furnishing and Delivery of various FURNISH AND DELIVER ELECTRICAL MATERIALS.

2. PROJECTED REQUIREMENTS/ESTIMATED QUANTITIES

2.1 The quantities shown herein are our best estimate of the quantities that will be ordered during the term of the contract. These quantities are estimates only and do not bind the BOARD OF EDUCATION to order any quantities of any item. There shall be no minimum order requirements.

2.2 Authorized individuals will place orders for specific quantities of items covered in the resultant contract, as requirements arise.

3. QUOTATION LIMITATION

3.1 The PGCPS Technical Program office for this IFB has specific requirements for the use of “brand name only” manufacturers on certain items. Therefore, it is imperative to bid on the exact brands as requested. The necessity for use of “brand name only” manufacturers will ensure essential product functionality, compatibility and proper integration of the existing devices utilized throughout the PGCPS system. No substitutes will be considered in the evaluation process for those items requesting a specific brand.

3.2 Bidders shall offer only ONE ITEM AND PRICE for each line item bid. No alternatives will be accepted, unless requested by PGCPS. If an "or equal" item is to be bid, the bidder must select the brand and model that meets or exceeds the specified item and submit their bid for that item. A discount price offered for a quantity purchase of the same manufacturer and model would not be considered a limitation; however, only the unit price requested will be considered in award.

3.3 For Section IV (4), Percentage off discount, the bidders are required to provide a percentage off the manufacturer's published suggested list prices for other items within the manufacturer's product line as listed herein which are similar to, but not specifically listed in the prior product listing of this bid invitation.

4. EMERGENCY PROCUREMENT

4.1 The BOARD OF EDUCATION reserves the right to procure from other sources the contract items needed to meet any emergency type situation due to time limitations. However, the Bidder will be given the opportunity to provide the necessary items within the time frame required by the emergency in every instance prior to further sourcing and procurement. Bids that do not meet all requirements will be considered non-responsive.

5. TIME OF PERFORMANCE

5.1 PGCPS requires that delivery be made at destination within the shortest time frame possible. Bidders must insert a definitive time frame, IN DAYS, on the Pricing Schedule within which delivery will be made after receipt of order (ARO). Indefinite terms such as "promptly," "stock," "without delay," etc., will not be given consideration. FAILURE TO PROVIDE A DEFINITIVE DELIVERY TIME WILL RESULT IN THE DISQUALIFICATION OF THE BIDDERS’ BID IN ITS ENTIRETY OR FOR THE ITEM SPECIFIED.

5.2 PGCPS requires that service response for service, delivery and labor be made FOB destination within five (5) business days after receipt of call (ARO) or as agreed upon by the Bidder and the Project Manager. For emergency calls, nights and weekends, it is required that service response be provided at destination within forty-eight (48) hours after receipt of call (ARO). Contractor must be able to provide parts 24 hours, 7 days per week, if required.

6. PRICES AND PRICE ADJUSTMENT

6.1 All prices/discounts shall be F.O.B. Destination and shall include all charges that may be imposed in fulfilling the terms of this contract.

6.2 If labor rates are requested, the rates specified by the bidder shall include all direct and indirect overhead costs including but not limited to transportation, general and administrative cost, etc. Labor rates will be paid on the basis of time at the site. The labor rate will be an all-inclusive cost.

6.3 The Bidder agrees that for unit price and/or labor rate contracts, prices shall remain firm during the initial base period. If the unit price/labor rate increases after the base period, written request must be submitted to the Purchasing Specialist. Upon receipt of the Bidder’s request, PGCPS shall make a determination to approve or adjust the requested price increase based upon its investigations and the information provided by the Bidder. Any price adjustment agreed to shall take place only in accordance with the schedule defined above.

6.4 The request for a change in the unit price shall include as a minimum: (1) the cause for the adjustment; (2) proposed effective date; and supporting documentation from the manufacturer on the manufacturer’s letterhead justifying the cause for the increase. In addition, an Excel spreadsheet shall be prepared by the bidder that shows the affected line item number, item description, current price, new proposed price, dollar amount of the increase, percentage of increase, and new proposed price for the line item.

6.5 Percentage Discounts offered shall remain in effect for the entire term of the contract, inclusive of renewals/extensions. The percentage(s) offered, if accepted by the Board, will be made a part of the contract award and will serve as the pricing basis for Purchasing of other manufacturers' items as requirements arise during the term of contract.

6.6 The request for a change in the unit price must be received at least 60 days prior to the effective date and shall become effective only upon approval in writing by PGCPS.

6.7 The increased contract unit price or discount shall not apply to orders received by the Contractor prior to the effective date of the approved increased contract unit price. Orders placed via PGCPS Purchase Order, shall be considered to have been received by the Bidder after the fifth (5th) calendar day following the date issuance. PGCPS may cancel, without liability to either party, any portion of the contract affected by the requested increase and any materials, supplies or services undelivered at the time of such cancellation.

6.8 Price decreases will be accepted at any time.

7. CATALOGUES/PRICE LISTS

7.1 All bidder(s) shall be required to provide to the Board’s Purchasing Office and Technical Advisor an online access link to the applicable manufacturers' price lists for each manufacturer's product line in which pricing is awarded, within fifteen (15) calendar days following award notification. If submission is not possible within this time limit, written notification must be supplied to the Purchasing Office citing a valid reason for non-availability and giving a tentative availability time. If Bidder’s fails to provide the online access link, the Bidder’s award will be rescinded and award will be made to the next lowest bidder(s) in succession.

7.2 Upon request, the successful bidder must furnish additional catalogs or copies of the manufacturer’s price sheets to the Maintenance Department.

8. ADDITIONS/DELETIONS

PGCPS reserves the right to add similar items/services or delete items/services specified in the resultant contract as requirements change during the period of the contract. PGCPS and the Bidder(s) will mutually agree to prices for items/services to be added to the contract. Contract amendments will be issued for all additions or deletions.

9. MINIMUM QUALIFICATION REQUIREMENTS

9.1 Bidders are required to complete Appendix B for reference verification purposes. The following are the minimum requirements a bidder must meet at the time of bid submission in order for PGCPS to accept a bid as responsive: Bidders must have a minimum of three (3) years of experience providing items and services requested in the scope of work.

9.2 A minimum of three (3) references of similar work within the past three (3) years.

10. CONTRACT AWARD

10.1 PGCPS reserves the right to award the contract in whole, by the aggregate, by line item, by section/group/bid form, or by manufacturer.

10.2 PGCPS reserves the right to award a Primary and Secondary awardee in whole, by the aggregate, by line item, by section/group/bid form, or by manufacturer.

See Additional Contractual Requirements for more information.

ADDITIONAL CONTRACTUAL REQUIREMENTS

1. CONTRACT COMMUNICATION

All communications between the parties relating to material contractual issues such as adjustments to price, obsolescence of product(s), etc. shall be through the Contract Specialist and must be in writing to be deemed binding. PGCPS may remit payment by ACH or via PGCPS Credit Card.

2. REQUIREMENTS

a. All materials, supplies, and equipment for The Board shall be delivered F.O.B. Destination. All deliveries must be inside the building. Delivery hours shall occur during normal business hours from 7:00am – 3:30pm, Monday through Friday. If a project is required on evenings, weekends or holidays, the successful bidder(s) shall work with the Maintenance services Supervisor or Designee to develop a specific project schedule.

b. It is anticipated that most of the work under this contract will be a year-round process. Therefore, the successful bidders must be able to demonstrate they have the ability to perform if awarded a contract.

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

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

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

3. MATERIALS/SPECIFICATIONS

The contractor shall furnish all labor, materials, equipment, services, care and supervision to deliver and furnish miscellaneous FURNISH AND DELIVER ELECTRICAL MATERIALS. The specifications are contained in Attachment A, Part IV, Bid form.

4. PACKAGING

All materials must be securely packed in accordance with accepted trade practices. The Board purchase order number must be plainly visible on the exterior of each container. A packing slip and/or delivery ticket shall be included in each shipment. This ticket shall contain the following information: Purchase Order Number, Vendor Name, Name of the Article, Item Number, Quantity, and Delivery Location, (Example: ABC Elementary School Library). Failure to comply with this condition may be considered sufficient reason to refuse to accept the goods:

5. SPECIFICATIONS – See ATTACHMENT A COST AND PERCENTAGE OFF BID FORM

6. INSTALLATION - N/A:

7. INSPECTION

All work shall be subject to inspection and approval by the PGCPS designated representative to ensure that a high quality of work is performed. The PGCPS designated representative will stop the project work if all project specification requirements are not met. All corrections shall be completed as soon as the Board notifies the bidder at no additional cost to the Board.

8. UNFORESEEABLE CONDITIONS

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

9. DAMAGE

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

10. VANDALISM/THEFT

It shall be the sole responsibility of the Bidder to protect and safeguard materials and/or equipment. PGCPS shall not assume any responsibility for vandalism or theft of the bidder’s materials, products, and/or equipment. The Bidder shall obtain permission from the PGCPS Maintenance services Supervisor or Designee before storing materials/equipment on PGCPS premises.

11. PROJECT IMPLEMENTATION TIMEFRAME

No work shall commence prior to receipt of a Purchase Order or authorization to proceed has been given by the Purchasing Department. The PGCPS Department of Maintenance representatives may authorize work to start prior to receipt of a Purchase Order only in the case of an emergency, in order to meet critical timelines.

12. MARK UP

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

13. WARRANTY

The Successful bidder shall provide a manufacturer warranty of ten (10) years for all products provided. During this time, the successful bidder shall, without undue delay, make any necessary adjustments or replacements to the satisfaction of the board, without additional cost. The warranty response time shall be 72 hours.

14. GENERAL REQUIREMENTS

Payment shall be based upon acceptance of goods or services by The Board. Vendor expressly warrants that:

(a) The merchandise to be furnished and services performed will be free from defects in material and workmanship and will be in full conformity with the specifications, drawings, representation, or sample; that this warranty shall survive acceptance and payment of the merchandise; and that the Vendor will bear the cost of inspection of all goods and services rejected. (b) The Vendor hereby provides a warranty of authorization as to all goods and services. (c) The goods or services furnished must be or have been mined, manufactured, or produced in full compliance with at least the minimum conditions required under the Fair Labor Standards Act of 1938, as amended, and all other applicable local state and federal laws, rules, and regulations to include Department of Transportation (DOT), Food and Drug Administration (FDA) regulations, and the Equal Opportunity Clause contained in Executive Order 11246, as amended. If applicable to the goods or services purchased herein, vendors must also be in full compliance with the Workplace Hazardous Materials Information System (WHMIS) legislation and maintain a written Hazard Communication Plan.

a. THE AWARDED VENDOR, its employees, agents, volunteers, and contractors who may have contact with students must be in compliance with Title 5, Subtitle 5, Part VI, of the Family Law Article of the Maryland Code. All costs thereof shall be borne by the Vendor.

b. GUARANTEE PERIOD: The Vendor shall unconditionally guarantee all services, materials, and workmanship of all goods and equipment furnished by it for a period of one year from the date of acceptance, i.e., delivery, unless a longer period of warranty is specified in the General Terms and Conditions attached to the Bid Request.

c. FURNITURE AND EQUIPMENT N/A: If, within the guaranteed period, any defects or signs of deterioration are noted, which in the opinion of The Board are due to faulty design, workmanship or materials, upon notification, the Vendor, at its expense, shall replace or adjust the equipment or parts to correct the condition, or it shall replace the part or entire unit to the complete satisfaction of The Board. These products and/or replacements shall be made at such times as will be designated by The Board to avoid any interruption to the instructional programs.

d. OFFICE EQUIPMENT N/A: Vendor agrees to provide on-site service of equipment within eight (8) hours of notification by school system personnel. Loaner equipment shall be supplied free of charge, during the warranty period if the office equipment cannot be repaired within three (3) working days.

e. OTHER EQUIPMENT N/A: Certain pieces of equipment, machinery, and refrigeration will require guarantees other than detailed above. Refer to General Conditions for requirements on specific equipment.

f. MANUFACTURER'S AGENT: The Vendor shall act as the manufacturer's agent for all warranty claims.

PART IV: BID EVALUATION AND AWARD

1. BIDDER RESPONSIBILITY

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

2. BID EVALUATION CRITERIA

The Bids will be evaluated based on the Total Bid Price. All responsive and responsible Bidders will be ranked from the lowest (most advantageous) to the highest (least advantageous) price based on the Total Bid Price as submitted on the Attachment A – Cost Bid Form. PGCPS reserves the right to make award on all items in aggregate, by individual line items, group, or manufacturer; whichever is in the best interest of the Board. A bidder may restrict his or her bid to consideration in the aggregate by so stating but shall name a single unit price on each item bid. Any bid in which the bidder names a total price for all the articles without quoting a unit price for each and every separate item may not be considered for award.

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

3. EVALUATION PROCESS

The evaluation will be based on the process described herein.

IFB Bids are not opened publicly, PGCPS will open the bid in the presence of at least two Purchasing Office employees. Once the bids are opened, the Buyer will prepare a Bid Tabulation document that summarizes the bids received. This document will be available for inspection after issuance of Notice of Award

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

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

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

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

4. AWARD DETERMINATION

To ensure the needs of the school system are met in a timely manner, PGCPS reserves the right to limit the number of line items awarded to a single vendor. The Award will be made to the responsible Bidder(s) who submits a responsive Bid that has the lowest price in accordance with PGCPS evaluation procedures. PGCPS reserves the right to award multiple contracts. PGCPS also reserves the right to award a Primary and Secondary contract to responsive Bidder(s).

PGCPS intends to make the award for this solicitation to the most responsive, responsible Bidder(s) to fulfill the anticipated requirements based on the best interest of PGCPS.

Awards may be made to responsible Bidders submitting responsive Bids in ascending order starting with the second lowest pricing and continuing until, in the sole discretion of PGCPS, sufficient awards have been made to fulfill the anticipated requirements. In addition, the Board reserves the right to make the award by line item, manufacturer, section, groups of items, bid form, manufacturer, or Total Bid Price if it is in the best interest of the Board.

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

PART IV: BID FORM A

PLEASE REFER TO ATTACHMENT A (EXCEL) SPREADSHEET FOR THE COST AND PERCENTAGE OFF DISCOUNT FORM.

PART V: GENERAL TERMS AND CONDITIONS

1. PARTNERSHIPS

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

2. CORPORATIONS

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

3. SPECIAL SAMPLES WITH CERTIFIED APPROVAL

Bidders will be required to submit samples of any FURNISH AND DELIVER ELECTRICAL MATERIALS made outside the mentioned brand name. Bidders may be required to submit two (2) samples of each product awarded with an affidavit stating that the chemical composition of the sample submitted is identical with the composition tested prior to the bid and all remain unchanged during the period of the contract. This requirement shall be part of the specifications of the product or products requested.

Samples are required to be properly tagged. Sample and descriptive data shall be submitted to the address specified no later than the date specified. The tag on the sample shall indicate the item number, the name of the company submitting the sample, and the IFB number. The Board will not be responsible for any samples not picked up within 30 days of the notification of Vendors to do so. Samples may be retained by The Board until Vendors are notified to remove them. Vendors agree that The Board will incur no liability for samples that are damaged, destroyed, lost, or consumed in testing processes. Failure to submit the above information when requested is sufficient grounds for rejection of the bid submitted for the project.

4. BID PREPARATION FEES

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

5. RIGHT TO PROTEST

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

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

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

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

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

ii. Identification of the solicitation

iii. Statement of reasons for the protest

iv. Supporting documentation to substantiate the claim

v. Proposed remedy to resolve

6. APPEAL OF CONTRACT AWARD DECISION:

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

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

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

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

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

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

7. COMMENCEMENT OF SERVICES

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

8. ADDENDA

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

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

c) Failure of any Bidder to receive or acknowledge receipt of such addenda or interpretation shall not relieve any Bidder from any obligations under this IFB as amended by all addenda. All addenda so issued shall become part of the award.

9. STATEMENT OF CONFIDENTIALITY

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

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

10. TERM OF AGREEMENT

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

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

b) Upon satisfactory service and by mutual agreement the BOARD OF EDUCATION OF PRINCE GEORGE’S

COUNTY reserves the right to extend the contract for no more than 12 months.

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

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

e) Price adjustments from the bidder/producer/processor/manufacturer for any/all items may be considered at renewal. The request is subject to approval by the Contracting Officer. The request must be submitted in writing at least ninety (90) days prior to the renewal term and shall be accompanied by supporting documentation.

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

11. PRE-BID MEETING N/A:

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

12. PAYMENT TERMS

The Bidder shall submit an invoice detailing the services provided and the actual costs incurred. Payment shall be in accordance with the line item price on the Purchase Order and within 30 days after the date on the invoice or upon invoice acceptance, whichever occurs last.

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

13. MINORITY BUSINESS ENTERPRISE PROGRAM

The Board of Education of Prince George’s County Minority Business Enterprise (MBE) Administrative Procedure No. 3325 requires bids for materials, supplies, equipment, and services, other than materials of instruction, be listed as deliverables. Information about this program and forms can also be downloaded. See MBE Administrative Procedures (AP) 3325 at https://www.pgcps.org/offices/ograc/administrative-procedures/3000- --business--non-instructional-operations/ap-3325---minority-business-enterprise-procurement-procedures

a) The Minority Business…