IFB Uniforms and Equipment Solicitation 04.24.24.pdf

CONTRACT ADMINISTRATION &

PROCUREMENT DIVISION

INVITATION FOR BID

SOLICITATION NO. WS902874094

Issue Date: April 24, 2024

Uniforms and Equipment

(This solicitation has a 0% CBSB and 0% MBE Participation Requirement.)

NOTICE

A Prospective Bidder that has downloaded this solicitation from the SPEED eProcurement Platform https://service.ariba.com/Discovery.aw/ad/profile?key=AN01496591158 and e-Maryland Marketplace Advantage https://emma.maryland.gov/ will receive emailed notices of addenda with changes or additional materials related to this solicitation.

https://service.ariba.com/Discovery.aw/ad/profile?key=AN01496591158 https://emma.maryland.gov/

Dear Supplier, Thank you for your interest in doing business with Prince George’s County, Maryland.

We look forward to a very successful procurement process.

Please take notice of the response submittal requirements outlined in this solicitation. Read and follow the instructions very carefully, as any misinterpretations or failure to comply with instruction could lead to your submittal being rejected as non-responsive. Any change(s) to this solicitation will be conveyed though the written addenda process. Notifications of addenda are sent electronically to Suppliers registered as receiving this solicitation by purchase or download. In addition, all addenda are posted on SPEED eProcurement Platform https://service.ariba.com/Discovery.aw/ad/profile?key=AN01496591158 and e-Maryland Market Advantage at https://emma.maryland.gov/. Please read carefully and follow all instructions provided on the addendum, as well as the instruction provided in the original solicitation. It is the responsibility of all potential Contractors to monitor the Procurement

Division’s website for any changing information prior to submitting their reply.

It is the intent of the Procurement Division to provide quality services. Should you have any questions, please visit our website to view the information provided on “How to Do Business with Prince George’s County” or feel free to contact the

Procurement Officer identified in this solicitation. Again, thank you for your continued interest in doing business with Prince

George’s County Government.

Sincerely, Jonathan R. Butler, Director

Office of Central Services, County Purchasing Agent https://emma.maryland.gov/

PRINCE GEORGE’S COUNTY

Solicitation Feedback Form

In order to help us improve the quality of County solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation.

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see the Key Information Sheet below for contact information).

Title: Uniforms and Equipment

Solicitation No: W S 9 0 2 8 7 4 0 9 4

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

( ) Other commitments preclude our participation at this time.

( ) The subject of this solicitation is not something we ordinarily provide.

( ) We are inexperienced in the work/commodities required.

( ) Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.)

( ) The scope of work is beyond our present capacity.

( ) Doing business with Prince George’s County is simply too complicated. (Explain in REMARKS section.)

( ) We cannot be competitive. (Explain in REMARKS section.)

( ) Time allotted for completion of the Bid/Proposal is insufficient.

( ) Start-up time is insufficient.

( ) Bonding/Insurance requirements are restrictive. (Explain in REMARKS section.)

( ) Bid/Proposal requirements (other than specifications) are unreasonable or too risky.

(Explain in REMARKS section.)

( ) MBE or County-Based Small Business requirements. (Explain in REMARKS section.)

( ) Prior Prince George’s County contract experience was unprofitable or otherwise unsatisfactory. (Explain in

REMARKS section.)

( ) Payment schedule too slow.

( ) Other:

2. REMARKS section below. (Attach additional pages as needed)

REMARKS:

Supplier Name: Date:

Contact Person: Phone: ( )

Address:

E-mail Address:

PRINCE GEORGE’S COUNTY

CONTRACT ADMINISTRATION & PROCUREMENT DIVISION

SOLICITATION KEY INFORMATION SUMMARY SHEET

Solicitation Name: UNIFORMS AND EQUIPMENT

Solicitation Number: WS902874094

Solicitation Issue Dat April 24, 2024

Closing Date and Time: May 23, 2024 @ 4 PM

Procurement Officer: Melisa Leonard

Contract Administration & Procurement Division

8801 Police Plaza, 5th Floor

Upper Marlboro, Maryland 20772

Phone: (301) 516-6943

E-mail: mrleonard@co.pg.md.us

Proposals must be submitted to SPEED: For assistance with registering for SPEED, please visit SPEED eProcurement

Platform https://service.ariba.com/Discovery.aw/ad/profile?key=AN01496591158

To access a listing of FAQ, please visit the Prince George’s County Business

Highway https://pgcbusinesshighway.com/

Pre-Bid Conference: May 13, 2024 @ 11 AM

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Join the meeting now

Meeting ID: 257 240 006 190

Passcode: MBRJtY

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Phone conference ID: 302 391 414#

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Submission of Questions: All questions must be submitted through SPEED.

Questions Due By: May 20th, 2024 @ 4pm

Bid Bond Required: Not Required https://pgcbusinesshighway.com/ https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmQ0MTczZWItNThiMC00NTQ2LWFmMDgtZjAxMWRmZWE4NjUy%40thread.v2/0?context=%7b%22Tid%22%3a%224146bdda-ddc1-4d2a-a1b2-1a64cc3c837b%22%2c%22Oid%22%3a%2263bca3a1-7969-4f51-a6d2-852aca34e6b6%22%7d tel:+12406731195,,302391414 https://dialin.teams.microsoft.com/e351e834-a65e-4609-88f8-e65d132575a7?id=302391414 https://teams.microsoft.com/meetingOptions/?organizerId=63bca3a1-7969-4f51-a6d2-852aca34e6b6&tenantId=4146bdda-ddc1-4d2a-a1b2-1a64cc3c837b&threadId=19_meeting_MmQ0MTczZWItNThiMC00NTQ2LWFmMDgtZjAxMWRmZWE4NjUy@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

SECTION 1 - GENERAL INFORMATION

1.1.1 The Prince George’s County Office of Central Services’ Contract Administration and Procurement Division (CAP) is issuing this Invitation for Bid (IFB) to establish term contracts with a Contractors to provide uniforms and equipment to the Police Department.

1.1.2 This IFB has no mandatory Supplier Participation percentage for Minority Business Enterprises (MBE) and no mandatory Supplier Participation percentage for County-Based Small Businesses (CBSB). Each business used to meet the Supplier Participation Requirement must be certified by the Prince George’s County Supplier

Development & Diversity Division (SDDD) at the time of bid submission.

1.1.3 The County reserves the right to award multiple firm-fixed contracts for each line item, which may include up to the top four (4) lowest, responsive, responsible Bidder(s) capable of providing these services to the County. In determining responsibility, in addition to price, the qualifications listed in Paragraph 23 (a) thru (j) of the General

Conditions and Instructions to Bidders, will be considered by the Purchasing Agent. (Please refer to Attachment Y).

1.1.4 Bidder, either directly or through its subcontractor(s), must be able to provide all services and meet all the requirements of this solicitation and the successful Bidder (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work. Contractors must provide all labor, materials, and equipment needed for all work to be performed. The County Representative upon award will supply the necessary maps and locations where service is required. This Contractor will be required to perform under the direction and inspection of an assigned County Representative in the Police Department.

1.1.5 Unless otherwise indicated in the Contract, invoices shall be submitted to the County within thirty (30) days of satisfactory completion of services for review, approval, and payment. Pursuant to provisions of Section 10A-153 of the County Code, the County shall pay interest in the event that payment against “proper” invoices is not made as prescribed in accordance with said section.

1.1.6 A virtual Pre-Bid Conference will be held via MS TEAMS on May 13, 2024 @ 11 AM local time:

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Meeting ID: 257 240 006 190

Passcode: MBRJtY

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+1 240-673-1195,,302391414# United States, Bethesda

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Phone conference ID: 302 391 414#

For organizers: Meeting options | Reset dial-in PIN

The purpose of the Pre-Bid Conference is to allow potential bidders an opportunity to present questions and obtain clarification related to any facet of this solicitation. While participation in the pre-bid conference is not mandatory, information presented may be very informative; therefore, all potential bidders are encouraged to attend this conference in order to enhance their understanding of the County’s requirements and to be able to better prepare acceptable bid responses.

1.1.7 The Procurement Officer and contact person for this solicitation is:

1.1 Summary Statement

https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmQ0MTczZWItNThiMC00NTQ2LWFmMDgtZjAxMWRmZWE4NjUy%40thread.v2/0?context=%7b%22Tid%22%3a%224146bdda-ddc1-4d2a-a1b2-1a64cc3c837b%22%2c%22Oid%22%3a%2263bca3a1-7969-4f51-a6d2-852aca34e6b6%22%7d tel:+12406731195,,302391414 https://dialin.teams.microsoft.com/e351e834-a65e-4609-88f8-e65d132575a7?id=302391414 https://teams.microsoft.com/meetingOptions/?organizerId=63bca3a1-7969-4f51-a6d2-852aca34e6b6&tenantId=4146bdda-ddc1-4d2a-a1b2-1a64cc3c837b&threadId=19_meeting_MmQ0MTczZWItNThiMC00NTQ2LWFmMDgtZjAxMWRmZWE4NjUy@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

Melisa Leonard

Prince George’s County Maryland

Procurement Officer

Contract Administration & Procurement Division

8801 Police Plaza, 5th Floor

Upper Marlboro, Maryland 20772

Phone: (301) 516-6943

For purposes of this IFB, the following abbreviations or terms have the meanings indicated below:

a. Bid – A statement of price offered by a Bidder in response to an IFB.

b. Bidder – An entity that submits a Bid in response to this IFB.

c. Bid Price - The Bidder’s price for services and/or goods in response to this solicitation, which shall be included on the Price Bid Sheet and will be used in determining the recommended awardee.

d. Business Day(s) – The official working days of the week include Monday through Friday; except County Holidays and days the County is closed due to weather or other emergency event. Official working days exclude County

Holidays. Normal County business hours are 8:30 a.m. – 5:00 p.m. The Contractor will not be permitted to do any work that requires the presence of the County’s inspection or supervisory forces on days which are County Holidays or on Saturdays or Sundays, unless such work has been previously authorized by the County Representative.

Below is a list of County Holidays:

New Year’s Day Labor Day

Martin Luther King’s Birthday Native American Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Juneteenth Day Employee Appreciation Day (Day after Thanksgiving)

Independence Day Christmas Day

e. CAP – The Office of Central Services’ Contracts, Administration and Procurement Division.

f. Certified Business Entity – See Attachment V for all Certified Business Entity Definitions.

g. Contract Commencement - The date the Contract is signed by the authorized Contractor and the County representative or such other date as set forth in the Contract.

h. Contractor – The selected Bidder that is awarded a Contract by the County.

i. County – Prince George's County, Maryland, a body corporate and politic.

j. eMMA – eMaryland Marketplace Advantage (eMMA) is the electronic commence system managed by the State of

Maryland.

k. Local Time – Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such.

l. Notice of Intent to Award– A written notice from the Procurement Officer that the County intends to award a contract to the recipient of the notice, subject to the receipt of requested items stated in this solicitation documents.

m. Participation Agreement – An agreement the County enters into with a developer pursuant to Section 10A-141 of

1.2 Abbreviations and Definitions

mailto:mrleonard@co.pg.md.us the County Code wherein the County contributes funds for the construction of regional storm water management facilities or road improvements to be constructed by or contracted by the developer.

n. OCS – The Prince George’s County, Maryland Office of Central Services.

o. Pre-Bid Conference (Conference) – A meeting to discuss objectives and answer questions related to this IFB in order to enhance prospective Bidders’ understanding of the County’s requirements and to facilitate better preparation of their

Bids.

p. Procurement Officer – Prior to the award of any Contract, the sole point of contact in the County for purposes of this solicitation.

q. Purchasing Agent – The Director of the Office of Central Services or his/her designee.

a. SPEED – Is the County’s eProcurement platform that offers online strategic sourcing and contracting capabilities to enhance the procurement process. SPEED is an acronym formed by abbreviating the following: Strategic - S, Purchasing & – P, Efficient - E, Evaluation - E, Domain - D.

b. SDDD - The Prince George’s County Supplier Development & Diversity Division.

c. Term Contract – The executed agreement awarded to the successful Bidder pursuant to this IFB. The agreement will be in the form of a Term Contract that the Contractor will receive upon approval.

The Contract resulting from this solicitation shall retain firm/fixed pricing for the initial years. The prices may be adjusted in accordance with the percentage difference in the Consumer Price Index for the Washington Metropolitan

Area (CPI-U) using the November Base Index for the ensuing annual period. All such increases must be requested within sixty (60) days prior to contract expiration. Any price increase will be at the sole option of the County.

1.4.1 The Start Date contained in a Notice to Proceed is anticipated to be on or about July 1, 2024 The Contractor shall perform all activities required by the Contract, including the requirements of this solicitation, for the compensation described in its Bid.

1.4.2 The initial term of this agreement is for two (2) years and may be extended by mutual agreement of the parties for three (3), one-year extension options. The County’s obligation on this Contract beyond the initial fiscal year shall be contingent upon appropriations for the following year.

1.4.3 If, at the time of any contemplated exercise of an option to extend the term of this Contract, the Contract is not in compliance with the County-Based Business participation requirements of this solicitation, the Contract shall not be extended.

1.4.4 The Contractor’s obligations to pay invoices to subcontractors that provided services during the Contract term, as well as the audit, confidentiality, document retention, and indemnification obligations of the Contract shall survive expiration or termination of the Contract and continue in effect until all such obligations are satisfied.

1.4.5 The Contractors obligation to pay invoices to subcontractors that provide services during the Contract term, as well as the audit, confidentiality, document retention, and indemnification of the Contract shall survive expiration or termination of the Contract and continue in effect until all such obligations are satisfied.

The sole point of contact in the County for purposes of this solicitation prior to the award of any Contract is the address listed below:

Melisa Leonard

Prince George’s County Maryland

Procurement Officer

1.3 Contract Type

1.4 Contract Duration

1.5 Procurement Officer

Contract Administration & Procurement Division

8801 Police Plaza, 5th Floor

Upper Marlboro, Maryland 20772

Phone: (301) 516-6943

Submit all questions through the SPEED eProcurement Platform.

Each prospective Bidder, before submitting a bid, shall become fully informed as to the extent and character of the work required. No consideration will be granted for alleged misunderstanding of the material to be furnished or work to be performed, it being understood that the submission of a Bid is an agreement with all of the terms and conditions referred to herein.

Bidders may access the solicitation at the following websites:

1.7.1 Prince George’s County SPEED eProcurement Platform

1.7.2 eMaryland Marketplace Advantage (eMMA) https://emma.maryland.gov/

Bidders are encouraged to register on SPEED and eMMA to obtain applicable solicitation documents and notifications.

Written questions from prospective bidders will be accepted electronically prior to the Pre-Bid Conference. If possible and appropriate, such questions will be answered at the Conference; however, responses are not binding. No substantive question will be answered prior to the Pre-Bid Conference. Questions shall be submitted in SPEED eProcurement Platform

Questions, both oral and written, will also be accepted from prospective bidders attending the Conference. However, oral responses are not binding.

The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date. Answers to all substantive questions will be distributed to all Contractors that are known to have received a copy of the IFB in sufficient time for the answer to be taken into consideration in the Bid.

This Contract will be awarded in accordance with the competitive sealed bidding method under Section 10A-112 of the

Prince George’s County Code. There will be no public bid opening for this IFB.

No hand-deliveries will be accepted. Bids must submit electronically at SPEED eProcurement Platform

Requests for extension of this time or date will not be granted. Bids received after the due date and time listed in this section will not be considered. Late Bids will not be opened.

Bids may be modified or withdrawn by written notice received to the Procurement Officer before the time and date set for the closing. Bids may not be submitted by mail, e-mail or facsimile.

1.6 Notice to Bidders

1.7 Solicitation Availability

1.8 Questions

1.9 Procurement Method

1.10 Bid Submission (May 23, 2024 @ 4 PM)

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Multiple and/or alternate Bids will not be accepted.

Upon receipt, each Bid and any timely modification(s) to a Bid shall be logged in and stored electronically in a secure place until the time and date set for Bid evaluation.

Requests for Bid information made under the Maryland Public Information Act (MPIA) shall be reviewed by the County

Office of Law to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of Law.

The County intends to award a fixed-firm contract to the lowest evaluated responsive, responsible Bidder(s) capable of delivering the outlined services to the County.

Tie Bids will be decided pursuant to Prince George’s County Code Section 10A-145.

Bids submitted in response to this IFB are irrevocable for 120 days following the closing date of the Bids. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

If it becomes necessary to revise this IFB before the bid due date, the County will attempt to notify prospective Bidders of an addendum if they are listed by the County as receiving a copy of this IFB from either SPEED or the eMMA (EMaryland

Marketplace Advantage) website. However, it remains the responsibility of all prospective Bidders to check all applicable websites for addenda issued prior to the submission of Bids. Acknowledgement of receipt of all addenda to this IFB issued before the Bid due date shall accompany the Bid. Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be rejected as being non-responsive to the requirements of the IFB.

The County reserves the right to cancel this IFB, or accept or reject any and all Bids, in whole or in part, received in response to this IFB.

The County will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or in performing any other activities related to submitting a Bid in response to this solicitation.

All disputes, protest or claims related to this solicitation, or the resulting contract, shall be governed by Prince George’s

County Procurement Code Section 10A-107 and the County Procurement Regulations.

1.13 Confidentiality of Bids

1.11 Multiple or Alternate Bids

1.12 Receipt of Bids

1.14 Award Basis

1.15 Tie Bids

1.16 Duration of Bid

1.18 Cancellations

1.19 Incurred Expenses

1.20 Protest/Disputes

1.17 Revision to the IFB

The selected Bidder shall be responsible for rendering services for which it has been selected as required by this IFB. All subcontractors shall be identified and a complete description of their role relative to the Bid shall be included in the Bidder’s

Bid. Subcontractors utilized in meeting the established CBSB and/or MBE participation requirements for this solicitation shall be identified in the appropriate Attachment E (Parts 1, 2, 3 and 4) of this IFB requirement.

If a Bidder that seeks to perform or provide the services required by this IFB is the subsidiary of another entity, all information submitted by the Bidder, such as but not limited to, references, financial reports, or experience and documentation (e.g. insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the

Bidder’s Bid shall contain an explicit statement that the parent organization will guarantee the performance of the subsidiary.

If this solicitation requires that individual or personnel be designated by the Bidder to work on the Contract, any substitution of key personnel after the Contract has commenced must be approved in writing by the Purchasing Agent prior to the substitution. If the Contractor substitutes key personnel without the prior written approval of the Purchasing Agent, the

Contract may be terminated for default which shall be in addition to, and not in lieu of, the County’s remedies under the

Contract or which otherwise may be available at law or in equity.

By submitting a Bid in response to this IFB, a Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB. Any exceptions to this IFB must be raised prior to Bid submission. Changes to this solicitation, including the Bid Price Sheet, made by the Bidder may result in Bid rejection.

A Bid submitted by a Bidder must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment A of this IFB.

By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all Federal, State, and local laws applicable to its activities and obligations under the Contract.

By submitting a response to this solicitation, each Bidder represents that it is in compliance with applicable tax filings and licensing requirements of the Prince George’s County Government; and, if a corporation conducting business in Prince

George’s County or the State of Maryland, must be registered in “Good Standing” with the State of Maryland Department of

Assessment and Taxation. The successful Bidder shall truthfully execute the Bidder/Proposal Affidavit, Corporation

Registration and Tax payment and submit this form, together with a copy of its Certificate of Good Standing, as applicable, within seven (7) calendar days of the County’s Notice of Intent to Award.

The successful Bidder shall, within seven (7) calendar days of Notice of Intent to Award, submit to the County a completed

Internal Revenue Service (IRS) Form SS-4, Request for Taxpayer Identification Number and Certification. Contract award shall not be made without timely submission of the completed IRS Form SS-4. The Form SS-4 and instructions are available to Contractors by accessing the IRS website at www.irs.gov or by calling 1-800-829-4933.

All payees engaged in trade or business with the County are required to have on file with the County a current and correct

IRS Form SS-4. This applies to individuals, sole proprietorships, partnerships, corporations, and other legal entities such as nonprofits and governmental units who may otherwise be exempt from filing a tax return. A foreign entity shall obtain and submit the appropriate IRS Form SS-4. To assure accurate maintenance of your firm’s status, submission of the SS-4 is

1.21 Bidder Responsibilities

1.26 Taxpayer Identification Number and Certification

1.22 Substitution of Key Personnel

1.23 Mandatory Contractual Terms

1.24 Bidder/Proposal Affidavit

1.25 Compliance with Laws/Arrearages

http://www.irs.gov/ required for each contract or purchase order executed by and between the County and its Contractors. If the term of the

Contract exceeds one year, the County may request periodic resubmission of the SS-4. If the Contractor fails to submit the form by the deadline stated in the resubmission request, the County may refuse to pay invoices until the form has been submitted.

The successful Bidder must be current and in compliance with applicable tax filings and licensing requirements of the Prince

George’s County Government; and, if a corporation conducting business in Prince George’s County or the State of

Maryland, must be registered and in “Good Standing” with the Maryland State Department of Assessment and Taxation.

The successful Bidder shall truthfully execute (Attachment A) Bidder/Proposal Affidavit and submit this form, together with a copy of its Certificate of Good Standing, as applicable, within seven days of the County’s Notice of Intent to Award.

Pursuant to Section 10A-123(b) of the County Code, the County shall be entitled to audit the books and records of a

Contractor or any subcontractor or under any contract or subcontract. Such books and records shall be maintained by the

Contractor for a period of three (3) years from the date of final payment under the prime contract and by the subcontractor for a period of three (3) years from the date of final payment under the subcontract.

Pursuant to County Code Section 10A-153(k)(3), the County Director of Finance requires the Contractor to enroll in

Automated Clearing House (ACH) or a similar electronic payment system with the County. Payments can be posted directly to the business bank account. The County’s Accounts Payable Section will e-mail a separate advice to detail the paid invoice(s) information and to confirm the transmission date so that the business enterprise can update financial records. The

County reserves the right to reverse - without prior notice - any erroneous transmissions.

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to Section 10A-153 of the

County Code, which states the County shall pay interest in the event that payment against “proper” invoices is not made as prescribed in accordance with said County Code section. Additional information regarding this provision can be found on the

County Website at (DIVISION 6. - SPECIAL PROVISIONS. | Code of Ordinances | Prince George's County, MD |

Municode Library)

The work performed pursuant to this solicitation shall be under the general direction of the Contractor, but subject to inspection by the County’s authorized representative who may require the Contractor to correct defective workmanship without cost to the County.

This solicitation is subject to the County’s Wage Requirements law for service contracts. Information pertaining to the Wage

Requirements law is attached. The “Wage Requirements for service contracts (Attachment J) and, if applicable, the

“501(c)(3) Nonprofit Organization’s Employee’s Wage and Health Insurance Form” (Attachment K) that are included with this solicitation must be completed and submitted with your Bid response. Failure to complete and submit the required certification and pricing material on the form(s) will render your Bid unacceptable under County law and the Bid will be rejected for non-responsiveness.

NOTE: The Wage Requirements for service contracts may change during the Contract period. The Contract price bid shall not adjust due to Wage increase or decrease.

It is agreed that the Contractor shall be responsible for any loss, personal injury, deaths, and/or damages that may have occurred or suffered by any persons solely by reasons of the Contractor’s negligence or failure to perform any of the

1.27 Audits and Compliance

1.28 Payments by Electronic Funds Disbursement

1.29 Prompt Payment Policy

1.30 Materials and Workmanship

1.31 Wage Requirements for County Service Contracts

1.32 County Held Harmless

https://library.municode.com/md/prince_george's_county/codes/code_of_ordinances?nodeId=PTIITI17PULOLAPRGECOMA_SUBTITLE_10APU_DIV6SPPR_SD10COAD_S10A-153PRPA https://library.municode.com/md/prince_george's_county/codes/code_of_ordinances?nodeId=PTIITI17PULOLAPRGECOMA_SUBTITLE_10APU_DIV6SPPR_SD10COAD_S10A-153PRPA obligations that this Contract obligates them to perform and the Contractor hereby agrees to indemnify and hold the County harmless from any loss, cost damages, and other expenses suffered or incurred by the County by reason of the Contractor’s negligence or failure to perform any of the said obligations. The Contractor shall take proper safety and health precautions to protect their work, their employees, the public, and the property of others from any damages or injury resulting solely from the performance of their work.

The performance of work under the Contract may be terminated by the County within thirty (30) days of written notice, or such time as mutually agreeable to the parties, in accordance with this clause in whole, or from time-to-time in part, whenever the Purchasing Agent shall determine that such termination is in the best interest of the County. The County will pay the Contractor all compensation earned up to the date of termination. However, the Contractor shall not be reimbursed for any anticipatory profits that have not been earned up to the date of termination and shall not be paid any damages arising from such termination.

If the Contractor fails to fulfill its obligations under the Contract properly and on time or otherwise violates any provision of the Contract, the County may terminate the Contract by written notice to the Contractor. The written notice shall specify the acts or omissions relied on as cause for termination. All furnished services provided by the Contractor shall, at the County’s option, become the County’s property. The County will pay the Contractor all compensation earned up to the date of termination, less the number of damages caused by the Contractor’s breach. If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable after termination and the County can affirmatively collect damages or deduct monies due the Contractor on this or other County contracts. Damages may include excess re-procurement costs.

All covenants and agreements herein contained shall extend to and be obligatory on the successor and assignees of the

Contractor, but the Contractor shall not assign the Contract or any payment to become due thereunder except with the prior consent of the Purchasing Agent. The County may terminate the Contract if the assignment is done without the Purchasing

Agent’s approval.

The Contractor represents it has in its employment or shall secure at its own expense; all personnel required to perform the services under this IFB. Such personnel shall not be the employees of, nor have any contractual relationship with the

County. All services required hereunder shall be performed by the Contractor utilizing his/her own equipment or County approved equipment. All personnel engaged in the work shall be fully qualified, authorized, and licensed under the Federal, State and local laws to perform such services.

In addition, each Bidder shall supply a list of equipment (Attachment I) which it owns or intends to lease in the performance of the tasks under this solicitation. Failure to supply this information as requested may result in a rejection of the bid.

Any person undertaking a part of the work under the terms of the Contract, by virtue of any agreement with the Contractor, must receive approval of the Purchasing Agent prior to any such undertaking. In the event a Bidder desires to subcontract some part of the work specified herein, the Bidder shall furnish with their proposal, the names, qualifications, and experience of their proposed subcontractors. The maximum percentage of work that may be performed by a subcontractor(s) is 49%.

Subcontractors shall conform, in all respects, to the provision specified for the Bidder. The Bidder shall, however, remain fully liable and responsible for the work done by its subcontractors. The County may terminate the Contract if the subcontracting is done without the prior approval of the Purchasing Agent.

The Contractor shall pay each of its subcontractors (including a material supplier) for satisfactory performance under the respective subcontract within seven (7) calendar days after receipt of such amounts that are paid to the Contractor by the

1.37 Subcontracting

1.33 Termination for Convenience

1.34 Termination for Default

1.35 Assignment

1.36 Personnel and Equipment

County for such work performed under the Contract. In the event that there is a good faith dispute over all or any portion of the amount due on a payment from a Contractor to a subcontractor, the Contractor may withhold the disputed amount but shall pay the undisputed amount. A subcontractor who further subcontracts work on procurement projects is responsible for the same requirements and interest penalties for payment to its subcontractors (lower tier subcontractors) after receiving payment as applicable to the Contractor.

Any contractor who violates the payment obligations set forth herein shall pay to the subcontractor a penalty of one and a half percent (1.5%) of the amount due per month for every month (or such other percentage as identified in County Code

Section 10A-153) to the subcontractor owed payment or portion thereof that payment is not made. Interest penalties shall accrue daily beginning eight (8) calendar days after payment is received by the Contractor (or higher tier subcontractor) and ending on, but excluding, the payment date, using the rate established in this paragraph calculated on a monthly (30-day) basis. This requirement is enforceable in the Circuit Court of Prince George's County and is not intended to create a private right of action against the County. Willful violations of this requirement may also result in a Contractor being suspended or debarred.

The Contractor shall include in each of its subcontracts: (A) a payment clause which obligates the Contractor to pay the subcontractor for satisfactory performance under its subcontract within seven calendar (7) days out of such amounts as are paid to the Contractor by the County for such work performed under such contract; (B) an interest penalty clause which obligates the Contractor to pay to the subcontractor in the case of each payment not made in accordance with the payment clause included in the subcontract (i) for the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and (ii) computed at a rate of one and a half percent (1.5%) of the amount due per month for every month (or such other percentage as identified in County Code Section 10A-153); and (C) a clause in its subcontracts requiring the subcontractor to (i) include a payment clause and an interest penalty of one and a half percent

(1.5%) (or such other percentage as identified in County Code Section 10A-153) of the amount due per month for every month in each of its subcontracts, and (ii) requiring each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier.

Contractors are required to submit with their bid/price proposal executed copies of the Supplier Utilization Plan

(Attachment E).

The parties may, from time to time, propose changes in the Scope of Work to be performed by the Contractor. Material

Scope of Work changes, report requirement changes, and budget revisions that increase or decrease the Contract’s total compensation will be mutually agreed upon, in writing, by and between the County through CAP and the Contractor before they are considered Contract changes.

After an interruption caused by severe inclement weather or other disaster, the Contractor must be prepared to complete the work without unnecessary delays.

Contractor shall take all necessary precautions for the safety of employees on the work and shall erect and properly always maintain, as required by job conditions and progress of the work, all necessary safeguards for the protection of the workmen and public.

The County’s inspection and acceptance of contractual compliance will be accomplished by a representative from the

County or designee. The name and contact information for this individual will be furnished by the County to the Contractor, in writing, prior to the commencement of the Contract period.

1.40 Safety Measures

1.38 Contract Changes in the Interest of the County

1.39 Interrupted Service

1.41 Inspection and Acceptance

1.42 Performance

1.42.1 All work performed shall be of high quality in accordance with good practices, procedures, and industry standards.

The Contractor must conform to all Federal, State, and Local laws and governmental regulations.

1.42.2 Should any damage to the County’s property, public or private, or property adjacent to the County’s property, be caused by the Contractor; the Contractor will be required to make repair(s). If the Contractor does not make repair(s) within a reasonable time, the County may make repairs or replacements of damaged property and deduct the cost from monies due the Contractor.

1.42.3 Work can be temporarily stopped in the field by the County representative or their designee because of inclement weather, lack of materials, safety violations or performance not in accordance with the Contract or other unforeseen circumstances that pose a hazard to the public, workers, or the project.

1.42.4 The Contractor shall not use any materials or chemicals which may pose a physical or health hazard without receiving prior written approval from the County. Along with the written request for approval, the Contractor shall submit the manufacturer’s specifications, a “Materials Safety Data Sheet” and any required Environmental

Protection Agency (EPA) information on usage and handling.

The Contractor shall, during performance under the proposed contract, comply with Part 1910 of Title 29 of the Code of

Federal Regulations (OSHA). This regulation deals with occupational exposures to bloodborne pathogens and other potentially infectious materials. During the performance of the Contract, the Contractor is expected to be alert to any potentially high risk of exposure opportunities and take all mandated precautionary measures contained in the regulation, including making available to all employees who have occupational exposure, Hepatitis B vaccine and vaccination series and post exposure follow-up following exposure incidents.

The County’s responsibilities under this Contract are as follows:

a. To assist the Contractor in obtaining the necessary permission to enter upon any public and private lands required for the Contractor to perform the work described herein, provided the Contractor has exhausted all reasonable efforts to obtain such permission and releases from the appropriate property owner(s) involved.

b. To furnish the Contractor a project work plan showing the approximate locations of the areas requiring service order or delivery.

Pursuant to provisions of Sections 10A-104 and 10A-107, of the County Code, the Purchasing Agent shall designate a

“Contract Administrator” for all contracts with certain responsibilities incidental to the resolution of contract claims and disputes.

The County’s estimated annual expenditure for the requirement represents the County’s best estimate, but the County assumes no liability in the event actual requirements do not materialize in the amounts estimated. Purchase orders may be issued from time-to-time during the term of the Contract or any extension thereof, if and when a need arises.

The Contractor shall take all necessary precautions during the period of service to protect existing County facilities from damage by workmen and shall repair or replace, at their own expense, any damages caused by its employees or subcontractors within thirty (30) days of such damage.

1.46 Quantity Estimates

1.43 OHSA Regulations, Bloodborne Pathogens

1.44 County Responsibilities

1.45 Contract Dispute Resolution

1.47 Protection of Existing Facilities

1.48 Bid Bonds – Omitted

The Contractor shall, always keep the owner’s premises clean of rubbish and upon completion of the work shall remove all tools, equipment, surplus materials, and leave the premise clean and ready for use daily.

No section or portion of this Contract shall be construed or interpreted to preclude the County from accomplishing any task or undertaking of any operation or project utilizing its own work force.

The County reserves the right to accept or reject any and all Bids, in whole or in part, received as a result of this solicitation and to waive minor irregularities.

Under authority of the County Executive, Prince George’s County-Based Small Businesses are encouraged to participate in the County’s procurement process. The Prince George’s County Government is committed to promoting economic development, expanding business opportunities, and aiding businesses interested in locating their principal office or base of operations in Prince George’s County. A program for business assistance is available through the Prince George's County

Economic Development Corporation. Information on the County’s contracting process and procurement opportunities may be obtained through CAP.

Prince George’s County is committed to procuring quality goods and services in a timely manner and reasonable cost that supports the County in meeting its sustainability goals. The County aims to improve work health, conserve natural resources, and prevent pollution through this activity. Environmental components to be considered include recycled content and recyclability, energy efficiency, and the presence of undesirable materials in products, especially toxic chemicals, which are persistent and bio-accumulative. Environmental requirements related to sustainability and environmentally preferred purchasing goals will be embedded in County solicitations, where applicable, to services and goods being solicited for the

County.

1.56.1 Prince George’s County Government is fully committed to the Americans with Disabilities Act (ADA) which guarantees non-discrimination and equal for access for persons with disabilities in employment, public accommodation, transportation, and all County programs, activities and services. County government Contractors, subcontractors, Contractors, and/or suppliers are subject to this ADA policy. All individuals having any County contractual agreement must make the same commitment. Your acceptance of this Contract acknowledges your commitment and compliance with ADA.

1.56.2 Prince George’s County Government is committed to a policy of nondiscrimination in all County programs, services, and activities and will provide reasonable accommodations upon request. Bidders requesting special accommodations should call the ADA Compliance Manager at (301) 265-8450/ Maryland Relay - 711.

1.55 Clean Renewable Energy – Omitted

1.49 Performance Bond – Omitted

1.50 Cleaning

1.51 Allowance of In-Housework

1.52 Bid/Proposal Acceptance

1.53 Economic Development

1.54 Environmentally Preferred Purchasing Policy

1.56 Americans with Disabilities Act Requirements

1.57 Gifts

Bidders and Contractor must not make or offer to make a gift to a public employee as public employees are prohibited from accepting gifts under the Code of Ethics, Prince George’s County Code Section 2-293(d).

1.58.1 A kickback means any money, fee, commission, credit, gift, or compensation of any kind which is provided directly or indirectly to a Contractor, a contractor employee, a subcontractor, a subcontractor employee, a public employee, or other person for the purpose of obtaining or rewarding favorable treatment in the award of a prime contract or a subcontract in connection with a contract awarded by the County.

1.58.2 A person must not:

a) Provide, attempt to provide, or offer to provide a kickback.

b) Solicit, accept, or attempt to accept a kickback.

c) Include, directly or indirectly, the amount of a kickback in the price charged by the subcontractor to the

Contractor, or by the prime Contractor in the price charged by the prime Contractor, to the County; or

d) Claim that the unlawfully induced contract or subcontract fulfills any legal, regulatory, or contractual requirement.

Unless otherwise stipulated by the Bidder, the Bidder agrees when submitting their Bid that they will make available to all

County agencies and departments, bi-County agencies, in-County municipalities, the resulting Contract in accordance with its terms and conditions, should any said department or agency wish to buy under this solicitation.

Prince George’s County Government is committed to providing a work environment that is free from discrimination, insults intimidation, and other forms for harassment. The County prohibits sexual harassment. Sexual harassment may cause others unjustifiable offense, anxiety, and injury. Unwelcome sexual advances or requests for sexual favors and other verbal or physical conduct of a sexual nature constitutes sexual harassment. Sexual harassment by Contractor or subcontractor employees is prohibited. Sexual harassment may also constitute violations of criminal and civil laws of the State of

Maryland and the United States. Any violation of sexual harassment constitutes a breach of contract, and thus the Contractor will be required to remove the offender from the jobsite.

The Contractor hereby represents they have not retained anyone to solicit or secure this Contract from the County upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for bona fide employees of bona fide established commercial selling agencies maintained by the person so representing for the purpose of securing business, or any attorney rendering professional legal service consistent with applicable canons of ethics.

The Contractor warrants that the Contractor shall comply with the Drug Free Workplace Act of 1988 and that the Contractor shall remain in compliance throughout the term of the Contract.

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1.61 Contingency Fee Prohibition

1.58 Kickback

1.59 Provision for Other Agencies

1.60 Sexual Harassment

1.62 Drug and Alcohol-Free Workplace

SECTION 2 – SUPPLIER CERTIFICATION, PARTICIPATION,

PREFERENCE POINTS AND COMPLIANCE

Contractors must be certified with SDDD prior to the Bid closing date to be considered responsive. Additionally, Contractors may be deemed automatically certified pursuant to County Code Section 10A-163(g) (Reducing redundant certifications) provided that, the business provides SDDD a copy of their federal tax return filed with the Internal Revenue Service establishing that the business has continuously operated within the County within the preceding twelve (12) months prior to the Bid closing date to be considered responsive. For questions or application status, SDDD may be contacted at (301) 883-

6480. A list of current Certified MBEs, CBSB and CBBs can be found on SDDD’s website at www.diversity.mypgc.us under the Resource tab. Definitions of each certified entity type are attached hereto as Attachment V.

2.2.1 This IFB contains a 0% required participation by Certified County-Based Small Businesses (CBSB) and 0% required participation by Minority Business Enterprises (MBE).

2.2.2 The County will investigate any allegation that the Contractor, subcontractor, or any other participating business is not in compliance with the participation requirements. Should an investigation result in a finding of merit in the allegations, the County may pursue legal/and or contractual remedies and impose a penalty, to include monetary fines of up to five percent (5%) of the value of the Contract for each violation, a cancellation of the Contract, or suspension and/or debarment of the Contractor.

2.2.3 Each Bidder’s response to this IFB must include a Supplier Utilization Plan (Attachment E). The Supplier

Utilization Plan certifies the percentage of the Contract’s total value that will be subcontracted to suppliers throughout the full term of the Contract. Any change to the Supplier Utilization Plan during the term of the Contract must be approved by the Purchasing Agent. Compliance with the mandatory supplier participation percentages is a contractual requirement upon execution of award documents. The monitoring process for the program consists of the following components:

• For the entire duration of the Contract, the Contractor shall…