ITB_24-012_-_Solicitaton_Document_-_Final_230829.pdf

CHARLES COUNTY GOVERNMENT (CCG) – PURCHASING DIVISION

INVITATION TO BID (ITB) SUMMARY SHEET

ITB Number: 24-012 ITB Title: Off the Lot Vehicles

Description of Work:

The Charles County Commissioners are soliciting bids from qualified contractors to provide new vehicles on an as needed basis.

Provision Requirements

Basis for Award: Refer to Part A, Section 2.1

Contract Term: Refer to Part A, Section 2.2

Price Adjustment: Yes, Refer to Part A, Section 2.3 Not Applicable

General Provisions: Refer to Part A, Section 3.0

Insurance: Refer to Part C

CCG MBE/SLBE Contact: Economic Development Department at (301) 885-1340 x2202

MBE/SLBE Directory: http://www.meetcharlescounty.com/local-minority-business-programs/

MBE Goal: Yes, Aspirational 25% - Refer to Part A, Section 1.2.3 Not Applicable/Exempt

SLBE Program Applicable: Yes, Refer to Part A, Section 1.2.4 Not Applicable/Exempt

NOTE: Times and dates are subject to change due to extenuating circumstances, including inclement weather. Bidders may obtain

County operating status by calling 301-645-0600 (meeting times cannot be verified at this number) or by referring to County operations status updates on the Charles County Government website at http://www.CharlesCountyMD.gov.

Table of Contents

PART A – INSTRUCTIONS, PROVISIONS, AND NOTICES

1.0 BID INSTRUCTIONS

2.0 AWARD AND CONTRACT FORMATION

3.0 GENERAL PROVISIONS

PART B – SPECIAL PROVISIONS

2.0 SCOPE

3.0 BID ITEM DESCRIPTIONS

4.0 APPENDICIES

PART C – INSURANCE

http://www.meetcharlescounty.com/local-minority-business-programs/ http://www.charlescountymd.gov/

Off the Lot Vehicles ITB #24-012

PART A – INSTRUCTIONS, PROVISIONS, AND NOTICES

1.0 BID INSTRUCTIONS

BID SUBMISSION CONDITIONS

Submissions will be received via the County’s eProcurement Portal, OpenGov Procurement

(https://procurement.opengov.com/).

Note: Bidders shall give yourself adequate time to submit a response. Any technical difficulties or uncertainty with the submittal process will not be cause for accepting a response that was not submitted timely. Burden is solely on the

Bidder to submit within the times specified on the eProcurement Portal.

Bids shall be valid and irrevocable for a minimum of one hundred-twenty (120) days from the due date. A Bidder may submit only (1) bid in response to this ITB.

Bidders shall monitor the eProcurement Portal for schedule changes issued via addendum.

BID SUBMISSION PACKAGE CONTENT (AS NOTED ON SUMMARY SHEET)

Any information identified as “Confidential” shall be noted by reference and appended to the Bid Submission. Each item identified as “Confidential” shall be accompanied by an explanation. Refer to Part A, Section 2.13.

Forms Package is published on the County eProcurement Portal and shall be as required.

A complete bid package shall include all information and forms identified on the eProcurement Portal, including but not limited to:

1.2.1 Bid Form

Bid pricing shall be submitted on the County provided Bid Form in the eProcurement Portal. All blank spaces of the form shall be fully completed. All pricing shall be rounded to the nearest whole cent (e.g. $.01). There shall be no hidden costs. A

Bidder may only submit one (1) Bid Form in response to this solicitation. Each item on the form shall contain only one value.

“Or Equal” items, if applicable, shall be noted on the Bid Form.

1.2.2 Experience Form

Bidders shall be required to complete and submit the County provided Experience Form. A qualified Bidder must have requisite experience for the work as described in Part B - Special Provisions and must be actively engaged as a legal entity in this field for a period of no less than five (5) years at the time of bidding. Bidders shall be properly licensed and possess State of Maryland “Dealer - License to Sell New Vehicles” in order to be eligible to submit a bid in response to this ITB. shall demonstrate their experience on the Experience Form. Bidders shall provide no less than three (3) references for fleet sales clients completed within the past five (5) years of equal or greater magnitude, as deemed acceptable by the County at its sole discretion, and as specified below. All blank spaces of the form shall be fully completed in legible ink or typewritten.

On-going service contracts for the services specified may be considered a “Completed” project if the base term of the contract has been fully completed, purchase orders issued and tasks fully completed during the contract term, and the contract renewed by the issuing agency. Each bidder is solely responsible for providing any and/or all information/documents demonstrating completion and/or requested by the County in order to confirm the validity of references provided.

A. Relevant Firm Experience:

A minimum of five (5) completed representative projects that demonstrate the Bidder’s experience in all the following areas:

a. Commercial Fleet Vehicle Sales

Within ten (10) consecutive calendar days after notification of intent to award, the Contractor must provide proof of a

Maryland Trader’s License issued by the Maryland State License Bureau. A Certificate of Good Standing from the

Maryland Department of Assessments & Taxation, referred to as the SDAT Certificate of Status, accessible at http://www.dat.state.md.us is acceptable proof. The SDAT Certificate of Status must be current, having been issued not more than one year prior to notification of intent to award. The legal requirement for the trader’s license can be found in the Business

Regulation Article of the Annotated Code of Maryland, Section 17-1804. All bidders, domestic (Maryland) or foreign (non-https://procurement.opengov.com/login http://www.dat.state.md.us/

Maryland) must be registered and qualify with the Maryland Department of Assessments & Taxation, per the Field Enforcement

Division of the Office of the Comptroller, State of Maryland.

1.2.3 Minority Business Enterprise (MBE) Program – MBE Utilization Affidavit Form

This form shall be completed or identified as “Not Applicable”.

Charles County Government has established an MBE Program which applies to all formal solicitations. There is an aspirational goal of twenty-five percent (25%) MBE participation for each project. Certified MBEs are encouraged to respond.

The County recognizes, as Minorities, the following groups: African Americans; American Indians/Native Americans; Asians;

Hispanics; Women; Physically or Mentally Disabled persons and Disabled American Veterans. The County will automatically recognize MBE status for any firm certified by the Maryland Department of Transportation (MDOT), Federal 8-A registration or Charles County Government.

The awarded Bidder shall be required to report MBE Utilization to the County post award on the County’s “MBE Utilization

– Post Award” form, if they have proposed any MBE usage.

1.2.4 Small Local Business Enterprise (SLBE) Program – SLBE Certification Form and SLBE Letter of Intent

This form shall be completed in legible ink or typewritten. “NA” shall be noted on the form if it is Not Applicable.

Charles County Government has established a Small Local Business Enterprise (SLBE) Program, which registered Charles

County SLBE firms responding to this solicitation may receive a preference in accordance with the provisions of the Program that may apply to a formal solicitation resulting in an award of less than $500,000.00 if they:

• Are registered in the Charles County SLBE Program and eligible in all other respects, at the time the firm’s bid is submitted.

• Complete the attached SLBE forms and indicate their SLBE status.

• Are susceptible for award for a contract valued less than $500,000.00.

Registered Charles County SLBEs must meet all the same requirements of non-SLBE bidders. Firms must have completed the registration process and have achieved full SLBE status by the due date for bids, in order to receive consideration as a SLBE during the evaluation of bids.

1.2.5 Addenda and Supplement Acknowledgement

Bidders shall acknowledge receipt of all addenda and supplements issued by the County in the eProcurement Portal. If it becomes necessary to revise any part of this solicitation, a supplement to the solicitation will be issued formally via an addendum posted on the County eProcurement Portal. Oral statements made by County personnel shall not bind the County and cannot be used to protest or otherwise challenge any aspect of this solicitation or subsequent agreement. It is the responsibility of the Bidder to check the County eProcurement Portal as frequently as necessary to obtain all updates and addenda to the solicitation.

1.2.6 Good Standing Certification

Bidders shall acknowledge compliance with the following:

In order to be eligible for award, Bidders shall meet the following conditions prior to contract award:

1. Their firm is not debarred, suspended, or otherwise ineligible for participation in government procurement by the federal government, the State of Maryland, or any other state, county, or municipal government.

2. All payments to Charles County Government have been paid and are not delinquent.

3. Their firm is in “good standing” with the State of Maryland Department of Assessments and Taxation.

1.2.7 Bidder Certification of Acceptance

By submitting a bid in response to this ITB, the Bidder certifies their acceptance of all terms and conditions set forth within this document, which will be made a part of the final contract documentation. All work, if any, shown on the contract drawings, specifications, and reports referenced in the ITB or any Appendices is made part of this solicitation package. Specifically, the

Bidder also acknowledges the following:

a. The contact information provided shall be used by the County to communicate with the bidder.

b. The bidder is licensed or will be licensed to do business in the State of Maryland prior to contract award

c. The bidder complies with and takes no exceptions to all requirements of the ITB.

d. The bid is valid for a minimum of one hundred twenty (120) days from the final bid due date.

e. This bid is submitted in accordance with the County’s Notice to Bidders requesting bids to be received for the work outlined in the ITB.

g. The bidder agrees to furnish all services as outlined in the ITB for the prices listed on the Bid Form.

h. The bidder is cautioned and agrees that the dollar amount of a bid is a business decision of the bidder and should take into consideration the costs of doing business, such as: resources required to perform, business risk, etc.

1.2.8 Intended Sub-Contractors Form

Bidders shall be required to complete and submit the Intended Sub-Contractors Form. “NA” shall be noted on the form if it is

Not Applicable.

1.2.9 Non-Collusion Affidavit Form

Bidders shall be required to complete, notarize, and submit the Non-Collusion Affidavit Form. The form shall be notarized.

SOLICITATION EVENTS (Refer to eProcurement Portal Page)

1.3.1 Pre-Bid Meeting

Attending the pre-bid meeting is optional. Firms must register in advance to attend the pre-bid meeting. Bidders interested in participating in the pre-bid meeting must register electronically via the RSVP Manager in the eProcurement Portal.

The attendance roster will be published on the County’s eProcurement Portal. Refer to the eProcurement Portal for registration, date and time, and location information.

1.3.2 Last Day for Questions

The County will not provide responses to questions after the deadline to submit questions specified on the eProcurement

Portal.

1.3.3 Bid Submission Deadline

Refer to the eProcurement Portal for the date and time bids must be received by.

1.3.4 Bid Opening

Bids received timely will be opened virtually as stated on the eProcurement Portal. Pricing will be available on the eProcurement Portal immediately after Bid Opening.

Registration is required to attend the bid opening. Bidders interested in participating in the bid opening must register electronically via the RSVP Manager in the eProcurement Portal. Refer to the eProcurement Portal for registration, date and time, and location information.

INCURRING COSTS

The County is not liable for any costs incurred by the Bidder prior to full execution of the contract.

ADDITIONS/MODIFICATIONS TO SOLICITATION FORMS

Modifications of or additions to the Bid Form or any other County form may be cause for rejection of the bid, however, the

County reserves the right to decide, on a case by case basis, in its sole discretion, whether or not to reject such a bid as nonresponsive. As a precondition to bid acceptance, the County may, in its sole discretion, request that the Bidder withdraw or modify any such modifications or additions which do not affect quality, quantity, price, or delivery.

ALTERNATE OFFERS

Bidders must bid only one (1) product and one (1) price per bid item even though they feel they can offer more than one item that will meet the specifications. Bidders must determine for themselves which to offer. If a bidder submits more than one (1) product and/or more than one (1) price for a given bid item or items, it may be cause for the bid items or items being bid upon to be considered non-responsive and rejected.

“OR EQUAL” INTERPRETATIONS

Identification of an item by manufacturer’s name, trade name, catalog number, or reference is intended to be description but not restrictive in that it is used for the purpose of describing they type, style, quality, performance and minimum specifications of the product desired, and shall not be interpreted to mean the only acceptable product. Bids on other makes and/or models will be considered provided in the Bid Form what is being proposed and forwards with the bid complete descriptive literature indicating the character of the article being offered and addressing all specifications of this solicitation.

The County reserves the right to accept or reject, in its sole discretion, items offered as an “equal”.

BIDDER INVESTIGATIONS

Prior to submitting a bid, each Bidder shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract and to verify any representations made by the County that the Bidder will rely upon. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful Bidder from its obligation to comply in every detail with all provisions and requirements of the contract documents or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the successful Bidder.

SOLE POINT OF CONTACT

The Purchasing Representative identified on the eProcurement Portal is the SOLE POINT OF CONTACT at Charles County

Government for this procurement. All communication between bidders and Charles County Government shall be with the

Purchasing Representative until a fully executed contract is delivered to the Contractor. Bidders or any of their authorized representatives may not initiate contact with Charles County Government or County Consultants other than the Contact identified on the eProcurement Portal, for any reason during the bidding process or prior to full contact execution. Any communication outside this process may result in disqualification.

QUESTIONS

Questions regarding this ITB must be submitted in writing through the OpenGov Procurement Question/Answer Tab via the

County’s eProcurement Portal, on or before, the due date and time specified in the eProcurement Portal. Please include the ITB section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided will be electronically distributed to offerors following this solicitation on the

County’s eProcurement Portal received prior to the date and time as provided in this solicitation. The County will not provide responses to questions after the due date and time specified in the eProcurement Portal. The person submitting the request is solely responsible for its prompt delivery.

ADDENDA AND SUPPLEMENTS

In the event that it becomes necessary to revise any part of this solicitation, or if additional information is necessary to enable the Bidder to make an adequate interpretation of the provisions of this solicitation, a supplement to the solicitation will be issued. The Bidder shall acknowledge with their bid, the receipt of all addenda, supplements, amendments, or changes to the solicitation that were issued by the County. Oral statements made by County personnel shall not bind the County in any manner whatsoever and cannot be used to protest or otherwise challenge any aspect of this solicitation or subsequent agreement.

Any interpretation, correction, changes to the solicitation will be made only by addendum duly issued and will be posted on the County’s eProcurement Portal found at www.CharlesCountyMD.gov. Any and all addenda issued prior to the bid due date/time shall become a part of the contract documents and shall be covered in the Bidder’s bid prices unless an alternate bid schedule is presented by addendum. It is the responsibility of the Bidder to check the County eProcurement Portal as frequently as necessary to obtain all updates and addenda to the solicitation.

ABILITY TO PERFORM

Bidders shall have the capability to perform classes of work contemplated, having sufficient capital to execute the work properly within the specified time.

The County reserves the right to request any additional information, utilize references not provided by a Bidder, and validate any information provided by a Bidder by any means deemed necessary by the County for the purpose of determining the

Bidder’s ability to perform the services described herein.

ERRORS

Any errors in computations may be corrected during the County’s review of the bids. The County shall not be responsible for

Bidder computation errors contained on the Bid Form. All values contained on the Bid Form remain the responsibility of the

Bidder. Where the unit price and the extension price are at variance, the unit price will prevail. In the event that the unit price is not provided, the unit price shall be the extended price divided by the quantity. Errors on any forms submitted remain the sole responsibility of the Bidder.

COUNTY RIGHTS/DISCLAIMERS & REJECTION OF QUOTES/BIDS/PROPOSALS

1.14.1 County Rights/Disclaimers

The County exclusively reserves the right, but is not limited to the following actions:

a. Reject any or all bid submissions;

b. Issue a new ITB;

c. Cancel, modify, or withdraw the ITB;

d. Issue addenda, supplements, and modifications to this ITB;

e. Modify the ITB process (with appropriate notice to Bidders as described herein);

f. Appoint an Evaluation Committee and evaluation teams to review bid submissions,

g. Approve or disapprove the use of particular subcontractors and/or substitutions and/or changes in bid submissions;

h. Revise and modify, at any time before the Bid Due to County date, the factors it will consider in evaluating bid submissions and to otherwise revise or expand its evaluation methodology. If such revisions or modifications are made, the County will publish an addendum. The County may extend the ITB due date if such changes are deemed by the County, in its sole discretion, to be material and substantive;

i. Seek or obtain data from any source that has the potential to improve the understanding and evaluation of the ITBs;

j. Disqualify any team that changes its Bid Submission without County written approval;

k. Retain ownership of all materials submitted in hard-copy and/or electronic format

1.14.2 Rejection of Quotes/Bids/Proposals

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

1. Evidence of collusion among bidders.

2. Lack of competency revealed by financial statements, experience, equipment statements, or other factors.

3. Lack of responsibility as shown by past work, judged from the standpoint of workmanship as submitted or from previous experience with the bidder.

4. Default on a previous similar contract for failure to perform.

5. Being delinquent in payments due to Charles County Government.

6. Exceptions or exclusions to the requirements of the solicitation.

7. Failure to be in “Good Standing” with the State of Maryland.

8. Previous substandard performance on a County contract.

9. Failure to perform properly or to complete, in a timely manner, contracts of a similar nature, or if investigation shows the offeror unable or unlikely to perform the requirements.

10. Failure to furnish information requested by the County.

The County reserves the right to reject any/all bid, to waive irregularities and/or informalities in any bid, and to make award in any manner, consistent with law, deemed in the best interest of the County.

RESTRICTIONS: NOT APPLICABLE

An individual or a person that employs an individual who the County utilized in the drafting of specifications, an invitation for bids, or a request for proposals for a procurement may not submit a bid or proposal for that procurement, or assist or represent another person, directly or indirectly, who is submitting a bid or proposal for the procurement. Bid from such an individual or entity will be rejected.

The following is a list of consultant(s) and/or sub-consultant(s) that have received monetary compensation under a contract with the County as the prime consultant to develop the Invitation to Bid, and have been retained by the County to perform construction phase services on the behalf of the County for this procurement.

· N/A

In addition, the County Ethics Committee administers the provisions of the County Ethics Code, including §170 of the Charles

County Code that contains various restrictions on participating in County procurements.

NOTIFICATIONS

Legal notice given by the County to the Bidder shall be sent to the address provided on the Bidder’s Bid Form. Notice given by the County by any of the following:

1. A communication delivered by shall be deemed as having been received by the addressee three (3) business days after the date of mailing.

a. UPS or FedEx or other delivery service; or

b. USPS first class postage mail; or

c. USPS certified, or

d. USPS registered mail.

2. A communication delivered by email shall be deemed as having been received by the addressee the same day the email was sent.

NEGOTIATIONS

The County may negotiate contract terms, price, statement of work, or other conditions that results in the most advantageous outcome for the County. In the event an agreement satisfactory to the County cannot be negotiated, the County may terminate negotiation and move to another Bidder.

2.0 AWARD AND CONTRACT FORMATION

The County reserves the right to award a contract by individual items, in the aggregate, or in any combination thereof, or to reject any or all bids and to waive any informality in bids received whenever such rejection or waiver is in the best interest of the County.

BASIS OF AWARD

The County intends to make award to the lowest responsive, responsible bidder(s) based on Pricing Adjustment (-/+) by

Manufacturer and Vehicle Class on the Bid Form, provided it is in County’s best interest to do so. The contract entered into with the successful bidder(s) shall meet all standard provisions required by the County.

TERM OF CONTRACT

The Contractor(s) selected shall provide the services and all requirements contained herein for a base period commencing on the date of contract execution by the County to December 31, 2024, with one (1) optional 1-year renewals at the sole option of the County. Each 1-year renewal shall commence on January 1 and end on December 31 of the following calendar year.

This contract shall be automatically renewed unless notice of nonrenewal shall be made to the Contractor by Charles County

Government or to Charles County Government by the Contractor at least forty-five (45) calendar days prior to the contract anniversary date which is the date in the Notice to Proceed, contract begin date, or otherwise indicated by Charles County

Government.

PRICING ADJUSTMENT FOR EXTENSION YEARS: NOT APPLICABLE

Unit prices under the resulting Contract shall remain firm through the base term. Thereafter, pricing shall be adjusted at the beginning of each succeeding year and/or Contract renewal period at the written request of the Contractor to the Chief of

Purchasing. Pricing shall be adjusted by the percentage change in the Consumer Price Index (CPI) from the previous year. For purposes of this agreement, the CPI is defined as the Consumer Price Index for All Urban Consumers, All Items, as published by the United States Department of Labor, Bureau of Labor Statistics. For purposes of adjustment, the CPI used for each subsequent year of the Contract shall be the last published percentage change in the CPI (for the previous 12 months) either on, or prior to, the anniversary date of the Contract. Price adjustments shall take effect upon written approval by the County.

QUANTITY CONTRACTS AWARDED

The County may make award to more than one firm. The County may award to one or multiple bidder(s). The contract(s) entered into with the successful bidder(s) shall meet all standard provisions required by the County.

If any manufacturer fails to respond to this solicitation, the County reserves the right to make an award at a later date, upon receipt of the pricing information and appropriate distributor from a particular manufacturer. The contract period of the subsequent award will be prorated to coincide with the contract period of the resulting contract.

The County intends to contract with a single firm and not with multiple firms doing business as a joint venture. Where two or more Bidders desire to submit a single bid in response to this ITB, they should do so on a prime-subcontractor basis rather than as a joint venture.

CONTRACT EXECUTION

The successful Bidder to whom the Contract shall have been awarded shall receive a Notice of Intent to Award letter from the

Chief of Purchasing notifying them that their quote has been accepted. The effective date of the award is ten (10) consecutive calendar days after the date specified on the Notice of Intent to Award letter, unless notified otherwise in writing by the County.

The contract documents will consist of the Notice of Intent to Award letter, the Solicitation, the Bidder’s Bid Package, and any addenda or other modifications to the solicitation. The Bidder shall furnish the County with all documentation requirements within fourteen (14) calendar days from the date stated on the Notice of Intent to Award letter, which may include, but is not limited to performance bonds and/or payment bonds, insurance certificates, equipment inspections, licenses, etc., as specified herein.

CONTRACT DOCUMENTS

All work under this project shall be in accordance with the contract documents. The Contract documents for this project includes, but is not necessarily limited to, this solicitation package, project plans and specifications as shown in ITB and other referenced ordinances, manuals and specifications.

Contract Documents shall also include:

a. All written modifications, amendments and change orders to this Agreement issued in accordance with the General

Provisions.

b. Contractor’s bid and accompanying exhibits submitted in response to the County’s Project Criteria and Solicitation; and any solicited and/or unsolicited Alternates to the Solicitation accepted by the County in writing.

The Contract Documents are intended to permit the parties to complete the work and all obligations required by the Contract

Documents within the specified time(s) for the bid price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the County will make a determination on which item of discrepancy shall take precedence. Within listed documents or group of documents, the later dated shall have precedence over the earlier requirements, and specific requirements shall have precedence over the general requirements.

DEFAULT AND SUSPENSION

If a Bidder who has been selected for award and offered a contract refuses or fails to execute the contract and/or fully comply with all requirements of this solicitation within fourteen (14) consecutive calendar days after receipt of formal notice of award or an alternate date specified by the Chief of Purchasing, the Bidder may be considered to have defaulted with respect to execution of the contract, and to have abandoned all rights and interests in the contract. In such instance the bid security, if any, may be declared forfeited to the County without further notice to the Bidder. In the event of such default, award may then be made to another Bidder determined to be in the best interest of the County, or the solicitation may be cancelled and/or re-advertised for bids as deemed if deemed in the best interests of the County.

A Contractor, who has executed a contract with the County, may be considered to have defaulted in the performance of the

Contract, by: failure to comply with the requirements of the contract, sub-standard performance, failing to complete the contract, and/or by other significant errors and omissions as determined by the Project Manager and the Chief of Purchasing.

In such instance, the Contractor’s performance and/or payments bonds, if any, may be exercised, and the Contract terminated and awarded to another Bidder if determined to be in the best interest of the County.

A Bidder /Contractor, who has defaulted as discussed above, may be declared by the Chief of Purchasing to be ineligible to bid on future County solicitations for a period of up to two (2) years from the date the County determined the Bidder/Contractor to have defaulted. This determination by the Chief of Purchasing shall be final, and not subject to appeal.

BIDDER/AWARD PROTESTS

a) All protests made pursuant to solicitations must be in writing and delivered to the Chief of Purchasing within the timeframes specified:

i. Protests must be delivered to the Chief of Purchasing no later than ten (10) consecutive calendar days after the basis for the protest (i.e. notification of rejection of bidder’s bid, notification of removal of bidder from consideration, etc.) is known or should have been known, whichever is earlier.

ii. If protesting contract award, the protest must be delivered to the Chief of Purchasing within ten (10) consecutive calendar days after the Purchasing Division has publicly posted the proposed contract award. This provision shall only apply to “aggrieved” bidders.

iii. If bidder seeks as a remedy the cancellation or amendment of the solicitation, the protest must be delivered to the

Chief of Purchasing before the submission date for bids/proposals.

iv. If the County is closed for business at the due date and time, for whatever reasons, protests will be accepted on the next business day of the County prior to 12:00 p.m. (Eastern Time).

Protests shall be considered timely only if received in the Purchasing Division office prior to close of business within the timeframes specified above.

b) All protests made pursuant to solicitations shall be delivered to the Chief of Purchasing:

Charles County Government

ATTN: Chief of Purchasing, Purchasing Division (Room B130)

200 Baltimore Street, La Plata, Maryland 20646

c) Each protest must contain a protest filing fee in the amount of $500 (US currency); if the fee is paid by check, then the check must be made out to “Charles County Government”. The Chief of Purchasing, may, at his sole election, return the filing fee to the protesting bidder, if the protest is sustained. Filing fees for unsustained protests shall not be returned.

The Chief of Purchasing must dismiss any protest not timely received.

d) Only a bidder that is “aggrieved” is eligible to file a protest. Aggrieved means that the bidder who is filing the protest is susceptible for an award of the contract if the protest is sustained (e.g., a fourth ranked bidder is not aggrieved unless the grounds for a protest, if sustained, would disqualify the top three ranked bidders or would require that the solicitation be reissued). Each protest must contain the following: identification of the solicitation; the name, address and telephone number of the protesting bidder; a statement supporting that the bidder is aggrieved; and specification of all grounds for the protest, including submission of detailed facts and all relevant documents, citation to relevant language in the solicitation, regulations, or law relied upon; and, all other matters which the bidder contends supports the protest. The burden of production of all relevant evidence, data and documents, and the burden of persuasive argument to support the protest is on the bidder making the protest.

e) The Chief of Purchasing shall forward to the County Attorney, all protests timely received and appropriate information addressing the circumstances of the protest. The Chief of Purchasing shall also forward for the County Attorney’s information, all protests not timely received and/or otherwise ineligible, that was dismissed by the Chief of Purchasing.

f) The Chief of Purchasing, after consultation with the County Attorney, shall determine whether to sustain or reject the protest, and shall provide written notice of his determination to the bidder making the protest, and to the County Attorney.

In the case of a sustained protest, the Chief of Purchasing, after consultation with the County Attorney, shall determine what remedy shall be taken to redress the protest. Decisions shall be final, and not subject to appeal.

PERFORMANCE EVALUATIONS

The County shall perform periodic performance evaluations, at the County’s discretion, on all work performed by the

Contractor under this Contract. The Contractor shall have the opportunity to review performance evaluations upon request.

Performance evaluations shall be maintained in the County’s contract files.

ASSIGNMENT OF CONTRACT

The Contractor shall not sublet any portion of this contract or assign or transfer any interest in this contract without receiving prior written approval from the County, Chief of Purchasing.

SUBCONTRACTORS

Subcontractors may not be used in the conduct of this contract without express written approval of the County. The County reserves the right to reject any subcontracted relationship if changes or additions of subcontractors are necessary during the life of the contract. Subcontracts for any portion of this contract must be clearly identified in the Bidder’s bid. Subcontracts are subject to Minority Business Enterprise (MBE) and Small Local Business Enterprise (SLBE) requirements detailed herein.

Prime contractor shall perform a minimum of fifty percent (50%).

NEWS RELEASE

No news releases pertaining to this bid request or the service, study, or project to which it relates will be made without County approval.

PUBLIC INFORMATION ACT/CONFIDENTIALITY NOTICE

Bidder should give specific attention and identification of those specific portions of their bids which they deem to contain confidential and/or proprietary information. Such information must be individually noted as being confidential or proprietary, either at that location, or in a separate consolidated listing contained within the bid/proposal/quote and provide justification of why the material should not be subject to disclosure by the County upon request under the Maryland Public Information Act.

Bidders may not declare their entire bid/proposal/quote package to be confidential or proprietary. Failure to provide specific identification and justification may result in the County releasing the information if requested to do so.

CAMPAIGN FINANCE REFORM ACT OF 2013

The Maryland Campaign Finance Reform Act of 2013 dictates that vendors with single contracts of $200,000 or more shall file certain campaign finance-related disclosures with the Maryland State Board of Elections. Vendors shall certify that they have filed the requisite disclosure, and if the vendor fails to provide this certification, the County must notify the State. In the event of Contract award, the Contractor shall certify that campaign finance-related disclosures are filed with the Maryland State

Board of Elections as applicable.

HOLIDAY SCHEDULE

The following holidays are observed by the County:

New Year’s Day Labor Day

Martin Luther King Jr’s Birthday Indigenous People’s Day

Washington’s Birthday Veterans Day

Good Friday Election Day (When Applicable)

Memorial Day Thanksgiving Day

Juneteenth Day After Thanksgiving

Independence Day Christmas Day

COOPERATIVE PURCHASING

Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not

Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions.

The Mid-Atlantic Purchasing Team Cooperative Ride Clause is hereby incorporated into this solicitation. Refer to the County’s

Website at https://www.charlescountymd.gov/home/showdocument?id=15126&isPublished=False&t=638182853725382642

3.0 GENERAL PROVISIONS

BID: Response submitted to this solicitation, and shall be synonymous with the terms “offer”, “proposal”, “quote”, etc.

BID BOND: The security to be furnished by the quoter as a guaranty of good faith to enter into a contract with the COUNTY for the proposed work if such work is awarded to him.

BIDDER: The person or persons, partnership, firm or corporation submitting a quote/bid/proposal for the work contemplated.

COMMISSIONERS: The County Commissioners of Charles County.

COUNTY: The County Commissioners of Charles County, Maryland.

CONTRACT: The written agreement executed by the County Commissioners of Charles County and the successful quoter, covering the performance of the work and the furnishing of materials required in the construction of the project. The contract shall include instructions to quoter, proposal, general specifications, special provisions, drawings, performance bond, extra work orders and any other written instructions pertaining to the method and manner of performing the work.

CONTINGENT ITEM: Any item listed on the plans or called for in the Special Provisions and included in the Quote merely for the purpose of obtaining a contract price in case it may be needed.

CONTRACTING OFFICER: The Director of the Using Department and includes a duly appointed successor or authorized representative.

CONTRACTING AUTHORITY: The County Commissioners of Charles County.

CONTRACTOR: The person or persons, partnership, firm or corporation who enters into a contract awarded to him by the

COUNTY.

DEPARTMENT: The authorized division or agency of Charles County Government responsible for the service or work for which the contract will be written.

DAYS: Calendar Days

DRAWINGS: All drawings or reproductions there of pertaining to the construction of the work which are approved by the

CONTRACTING OFFICER.

EXTRA WORK: A written order to the CONTRACTOR and signed by the CONTRACTING OFFICER, ordering a change in or an addition to the work from that originally shown by the drawings and specifications.

GENERAL PROVISIONS: All requirements and provisions contained in this document.

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

PAYMENT BOND: The approved form of security executed by the CONTRACTOR and his surety, guaranteeing payment of all labor, materials, supplies and rental of equipment reasonably required and used or consumed in the performance of the contract.

PERFORMANCE BOND: The approved form of security executed by the CONTRACTOR and his surety, guaranteeing complete execution of the contract.

PROPOSAL: The written offer submitted by the quoter in the required manner to perform the work contemplated.

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

SPECIFICATIONS: The General Provisions, Special Provisions, and all written or printed agreements and instructions pertaining to the performance of the work and to the quantity and quality of the materials to be furnished under the contract.

INDEMNIFICATION CLAUSE

The Contractor shall protect, hold free and harmless, defend and indemnify Charles County, including its officers, agents, and employees from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, resulting from injury to, or death of, any person or damage to property of any kind, which injury, death or damage arises out of, or is any way connected with the performance of the work under this contract. This agreement shall apply to any acts or omissions, negligent conduct, whether active or passive, including acts or omissions of contractor’s agents or employees; except that this agreement shall not be applicable to injury, death or damage to the property arising from the sole negligence of Charles County, it’s officers, agents and employees.

GOVERNING LAW

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

PAYMENT OF TAXES

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

SPECIFICATIONS AND DRAWINGS

The CONTRACTOR shall keep on the work site a copy of the drawings and specifications and shall at all times give the

CONTRACTING OFFICER access thereto. Anything mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the matter shall be promptly submitted to the CONTRACTING OFFICER, who shall promptly make a determination in writing. Any adjustment by the CONTRACTOR without such a determination shall be at its own risk and expense. The CONTRACTING OFFICER shall furnish from time to time such detailed drawings and other information as he may consider necessary, unless otherwise provided.

CHANGES:

A. The CONTRACTING OFFICER may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the work within the general scope of the contract, including but not limited to changes:

(1) In the specifications (including drawings and design);

(2) In the method or manner of performance of the work;

(3) In the COUNTY furnished facilities, equipment, materials, services, or site; or

(4) Directing acceleration in the performance of the work.

Any other written order or an oral order (which terms as used in this paragraph (B.) shall include direction, instruction, interpretation, or determination) from the CONTRACTING OFFICER, which causes any such change, shall be treated as a change order under this article, provided that the CONTRACTOR gives the CONTRACTING OFFICER written notice stating the date, circumstances, and source of the order and that the CONTRACTOR regards the order as a change order.

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

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

D. If the CONTRACTOR intends to assert a claim for an equitable adjustment under this article, he must, within thirty

(30) days after receipt of a written change order under paragraph (A.) above or the furnishing of a written notice under paragraph (B.) above, submit to the CONTRACTING OFFICER a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the COUNTY. The statement of claim hereunder may be included in the notice under paragraph (B.) above.

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

CHANGE ORDERS:

A. Additional Costs:

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

OFFICER.

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

(2) On the basis of the actual necessary cost as determined by the CONTRACTING OFFICER, plus a fixed fee to cover general supervisory and office expense and profit. The fixed fee shall not exceed fifteen percent (15%) of the actual necessary costs. The actual necessary cost will include all reasonable expenditures for material, labor, and supplies furnished by the CONTRACTOR and a reasonable allowance for the use of his plant and equipment where required but will in no case include any allowance for general superintendent, office expense, or other general expense not directly attributable to the extra work. In addition to the foregoing, the following will be allowed: the actual payment by the

CONTRACTOR for workmen's compensation and public liability insurance; performance and payment bonds (if any); and all unemployment and other social security contributions (if any) made by the

CONTRACTOR pursuant to Federal or State statutes; when such additional payments are necessitated by such extra work. An appropriate extension of the working time, if such be necessary, also will be fixed and agreed upon, and stated in the written order.

B. Reduced Costs:

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

DIFFERING SITE CONDITIONS:

A. The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the CONTRACTING

OFFICER in writing of:

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

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

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

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

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

TERMINATION OF CONTRACT FOR CONVENIENCE:

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

Upon receipt of such notice, the CONTRACTOR shall:

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

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

B. If the termination is for the convenience of the COUNTY, an equitable adjustment in the contract price shall be made but no amount shall be allowed for anticipated profit on unperformed services.

C. If the termination is due to the failure of the CONTRACTOR to fulfill his obligations under this contract, the

COUNTY may take over the work and prosecute the same to completion by contract or otherwise. In such case, the CONTRACTOR shall be liable to the COUNTY for any additional cost occasioned to the COUNTY.

D. If, after notice of termination for failure to fulfill obligations, it is determined that the CONTRACTOR had not so failed, the termination shall be deemed to have been effected for the convenience of the COUNTY. In such event, adjustment in the contract price shall be made as provided in Paragraph B of this clause.

E. The rights and remedies of the COUNTY provided in this clause are in addition to any…