ITB # WWTS-2627-FINAL.pdf

NOTE: CERTIFIED MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS REQUEST.

CHARLES COUNTY PUBLIC SCHOOLS

LA PLATA, MARYLAND

INVITATION TO BID (ITB)

BID TITLE: WASTEWATER TREATMENT SERVICES

BID NUMBER: ITB # WWTS-2627

CONTRACT PERIOD: ONE (1) YEAR, WITH FOUR (4) ONE (1) YEAR RENEWAL

OPTIONS

INSURANCE CERTIFICATE REQUIRED: YES

PRE-BID CONFERENCE ON REQUEST AND AS SCHEDULED

& SITE VISIT

DEADLINE FOR QUESTIONS: AUGUST 10, 2026, 3 PM, LOCAL TIME

BID OPENING DATE AND TIME: AUGUST 25, 2026, 3 PM, LOCAL TIME

PLACE OF BID OPENING: 5980 RADIO STATION ROAD, ROOM # 218

LA PLATA, MD 20646

BID MUST BE RECEIVED IN: CHARLES COUNTY PUBLIC SCHOOLS

PURCHASING DEPARTMENT

5980 RADIO STATION ROAD, 2ND FLOOR

LA PLATA, MARYLAND 20646

BID MAILING ADDRESS: CHARLES COUNTY PUBLIC SCHOOLS

Attn: Eleanor Foddrell, Purchasing Analyst

5980 RADIO STATION ROAD, 2nd FLOOR

LA PLATA, MD 20646

SHIPPING ADDRESS UPS/FEDEX: CHARLES COUNTY PUBLIC SCHOOLS

Attn: Eleanor Foddrell, Purchasing Analyst

5980 RADIO STATION ROAD, 2ND FLOOR

LA PLATA, MD, 20646

E-MAIL ADDRESS: efoddrell@ccboe.com

PHONE/FAX NUMBERS: Phone: (301) 392-7586; Fax: (301) 934-7247

NOTES:

INCLEMENT WEATHER:

If Charles County Public Schools Administration Offices are closed due to inclement weather on the day an ITB is “DUE”, the

ITB will be due at the same time the next business day the Charles County Public Schools Administration Offices are open for business.

QUESTIONS:

Bidders are advised to send all questions to via email to efoddrell@ccboe.com or fax to (301) 934-7247, by the required date and time specified herein.

DOWNLOADING COMPLETE ITB PACKAGE:

For complete details, interested parties should visit https://emma.maryland.gov/ and download the ITB package. Bidders must be registered with eMMA to receive solicitation information. If you require assistance, contact the help desk at emma.helpdesk@maryland.gov or call (410) 767-4628.

mailto:efoddrell@ccboe.com mailto:efoddrell@ccboe.com https://emma.maryland.gov/ mailto:emma.helpdesk@maryland.gov

July 2026 Page 2

Charles County Public Schools ITB # WWW-2627, Wastewater Treatment Services

TABLE OF CONTENTS

ITB # WWTS-2627, “WASTEWATER TREATMENT SERVICES”

I. DEFINITIONS.……………………………..……………………………………3

II. INTRODUCTION AND BACKGROUND ..……….………….……………….3

III. PURPOSE ………………………………………………………………………..4

IV. SCOPE OF WORK.………………………………...…………..………………..4

V. INFORMATION FOR BIDDERS………………………………………………4

VI. GENERAL TERMS AND CONDITIONS..………………………..………

VII. INSURANCE REQUIREMENTS……..………………………………………..19

REQUIRED SUBMISSIONS

YOU MUST COMPLETE AND RETURN THE ITEMS BELOW WITH YOUR BID.

ATTACHMENT I ………………………………………………………………………..25

ATTACHMENT II ..……………………………………………………………………..26

ATTACHMENT III …………………………….………………………………………..27

ATTACHMENT IV………………………………………………………………………42

ATTACHMENT V………………………………………………………………………..43

ATTACHMENT VI..……………………………………………………………………..44

ATTACHMENT VII .…………………………………………………………………….45

EXHIBIT I - Final Permit for Piccowaxen MS

July 2026 Page 3

I. DEFINITIONS

A. Bid - The written response/bid submitted by a bidder in accordance with the requirements of an Invitation to Bid.

B. Bidder - Any individual, company, firm, corporation, partnership, or other legal entity that submits a Bid in response to this Invitation to Bid (ITB).

C. Bonds - A 100% Performance and payment bond may be required for all projects $100,000 or greater. This requirement will be enforced by CCPS

Purchasing Department.

D. Business Day(s) – Official working days of the week Monday-Friday; excluding

CCPS holidays.

E. CCPS - Charles County Public Schools.

F. Contract - A mutual and legally binding document between CCPS and a Bidder.

The ITB and the awarded Bidder’s response to the ITB shall become the contract for this solicitation.

G. Contract Documents - The ITB and the awarded Vendor/Contractor’s response.

H. Fully Burdened Hourly Rates – Includes salary, administrative, overhead costs, and profit for the Awarded Vendor/Contractor.

I. Invitation to Bid (ITB) - An ITB is a complete package of documents that includes a detailed Scope of Work/Specifications, Terms and Condition, and other binding documents. Awards are based on the lowest responsive and responsible Bidder.

J. Notice of Award - Written notice of award from CCPS to the successful Vendor/

Contractor, which binds CCPS and the Bidder to the ITB and the Bidder’s response.

K. Properties - Any facility, land, or real estate owned, occupied, or controlled by

CCPS.

L. Vendor/Contractor - The responsive and responsible Bidder or Bidders responding to this ITB.

M. Work - The goods and/or services required under this ITB.

II. INTRODUCTION AND BACKGROUND

Charles County is one of the fastest growing counties in the state of Maryland, with a population of 173,385 residents. Charles County is located less than 30 miles south of

Washington D.C. and is considered the gateway to Southern Maryland. In School Year

July 2026 Page 4

2025-2026, the CCPS system had 26,690 students attending 39 schools and seven (7) educational centers.

The mission of CCPS is to provide an opportunity for all school-aged children to receive an academically challenging, quality education that builds character, equips for leadership, and prepares for life, in an environment that is safe and conducive to learning.

III. PURPOSE

CCPS is requesting sealed bids from experienced and qualified Bidders to provide

"Wastewater Treatment Services" to Charles County Public Schools (CCPS). CCPS reserves the right to award separate contracts, if in the best interest of CCPS. The resulting Contract(s) shall be for one (1) year from the date of award, with four (4) one-year renewal options. Services shall be supplied, and Work performed as stated in the

“Specs., Pricing, and Delivery Information Sheet” (Attachment III), included herein.

IV. SCOPE OF WORK

A. The successful Vendor/Contractor shall furnish all necessary labor, materials, insurance, contractor’s license(s), subcontractors, supervision, transportation, equipment, and other resources and implements necessary to operate and maintain domestic water treatment and wastewater plants, storage tanks and distribution systems at schools and facilities with onsite water supplies, domestic wells, supply lines, storage tanks, pump house, and distribution systems, " to eleven (11) Charles

County Public Schools (CCPS), on an "as needed basis" as directed by the Risk

Manager (Manger) or his designee(s) and as described in, but not limited to, the

Specifications contained in Attachment III, “Specifications, Pricing, and

Delivery.”

B. It is the intent of CCPS to issue one (1) contract; however, CCPS reserves the right to cancel this ITB or to make multiple awards, if determined by CCPS to be in its best interest.

C. Vendors/Contractors shall be responsible for complying with all applicable laws and regulations of authorities having jurisdiction while meeting project specifications and requirements.

D. Site visit and Pre-Bid Conference on request and as scheduled.

V. INFORMATION FOR BIDDERS

A. DEADLINE, REQUIREMENTS, DELIVERY AND OPENING OF BIDS

1. All Bids shall be sealed, mark on the outside of the package “ITB #

WWTS-2627, Wastewater Treatment Services”, addressed to and received in the Purchasing Department on or before the bid opening date and time, August 25, 2026, at 3 P.M., Local Time:

July 2026 Page 5

Purchasing Department

Attention: Eleanor Foddrell, Purchasing Analyst

5980 Radio Station Road, 2nd Floor

La Plata, MD 20646

2. Bidders shall assume full responsibility for timely delivery of their Bids to the location designated for receipt of bids. Bids received after 3 P.M., Local Time, August 25, 2026, will be returned, unopened.

3. If Charles County Public Schools Administrative Offices are closed due to inclement weather on the day bids are “DUE”, the bids shall be due at the same time the next business day that the Charles County Public Schools

Administrative Offices are open for business.

VI. GENERAL TERMS AND CONDITIONS

A. INQUIRIES/COMMUNICATIONS

Prospective Bidders may request that CCPS clarify information contained in this

ITB. All such requests must be made in writing to Eleanor Foddrell, Purchasing

Analyst. CCPS will not respond to any requests for clarifications received after 3

PM, Local Time, August 10, 2026. Questions can be sent via e-mail to efoddrell@ccboe.com or faxed to Eleanor Foddrell, Purchasing Analyst, at (301)

934-7247 or. An addendum or addenda will be issued, if necessary, to answer all questions. The Addendum will be posted on https://procurement.maryland.gov and will be available at the CCPS

Purchasing Department office, after the deadline for questions. All Addenda will be made a part of the Contract.

B. RESTRICTIONS ON COMMUNICATION

From the issue date of the ITB until a Vendor/Contractor is selected and selection announced, prospective Bidders, CCPS administrators, faculty and staff members, representatives, agents, or employees are not permitted to communicate about the

ITB. Unauthorized contact with any such CCPS person(s), other than the employee listed above, may result in disqualification from the bidding process.

Any other information of any kind from any other source, or any oral communication, shall be considered unofficial and non-binding on CCPS. A

Bidder relying on unofficial information shall do so at the Bidder’s own risk.

C. PERIOD OF THE CONTRACT

The initial Contract will be for a period of one (1) year. CCPS reserves the right to exercise the option to renew the Contract for an additional four (4) years, one year at a time. CCPS reserves the right to cancel the Contract, at its discretion, for any reason. The CCPS Purchasing Manager (“Purchasing Manager”) reviews the Vendor/Contractor’s performance annually. It is the intent of CCPS that should a bid be accepted and awarded, the ITB, the Bid, Notice of Award, and mailto:efoddrell@ccboe.com https://procurement.maryland.gov/

July 2026 Page 6 purchase order (“PO”) will become the Contract. Automatic contract renewals are strictly prohibited. The Purchasing Manager shall initiate all Contract renewals.

Subsequent annual Contract renewal price increases shall be limited to the

Consumer Price Index-Urban (CPI-U), for the Washington D.C. Metropolitan

Area. The Bidders must request CPI-U price adjustments at the time of renewal

(see section VI, “General Terms and Conditions” paragraph (X) (3), “Changes”. Do not proceed with any Work until after you have received a

CCPS PO.

D. PREPARATION AND EXECUTION OF BIDS

1. Bids shall be constructed in the formats set forth in this ITB document and on the ITB Attachments and any Addendum(s) issued, if any, with all required supplementary documentation.

2. All forms shall be completed in ink or typed. Bids submitted via facsimile shall not be accepted. Only sealed bids submitted via US Postal Service, common carrier or in person, shall be accepted. The Bidder must initial any erasures or alterations in ink. Spaces left blank shall be deemed by

CCPS, in its sole discretion, to be “not applicable” or "no bid". All

Bidders must submit one (1) complete SIGNED ORIGINAL Bid.

Also, please submit one (1) Universal Serial Bus (USB) jump drive, flash drive, thumb drive or a Compact Disc-Read-Only Memory (CD-

ROM) containing an exact copy of the signed ORIGINAL. All signatures must be by a person who has the legal authority to bind the

Bidder. Bid prices shall be valid for a period of one hundred twenty

(120) days after the ITB opening date and prior to issuance of the notice of award. prices shall remain fixed and firm for one (1) year from the initial start date of the Contract.

E. BASIS OF PRICING

1. Attachment III, “Specs., Pricing, and Delivery”, outlines the specifications of the required Work. Please completely fill in the related prices. All invoices must contain descriptive and complete information.

2. Prices must include all costs necessary to implement the terms and conditions of the ITB. No Bidder will be allowed to offer more than one price for each item or service even though the Bidder may feel that they have two or more choices that meet Work specifications. Bidders must determine for themselves which to offer. If the Bidder should submit more than one price on any item or service, all prices for that Work will be rejected. Prices quoted shall not include Federal Excise, State Sales, nor

Use Taxes, nor any other taxes from which CCPS is exempt. CCPS tax exempt certificates will be furnished upon request.

https://en.wikipedia.org/wiki/Read-Only_Memory

July 2026 Page 7

F. REBATES AND PROMOTIONS

All purchases shall be eligible for rebates and/or promotions offered by the manufacturer(s).

G. VENDOR/CONTRACTOR’S PERFORMANCE

1. The Vendor/Contactor shall supervise, direct, and be solely responsible for the quality and delivery of the Work using its best skills and attention.

2. The Vendor/Contractor shall be responsible to CCPS for the acts and omissions of its employees, subcontractors, their agents, and employees, and any representative performing any of the Work related to the Contract.

3. The Vendor/Contractor shall perform all Work in accordance with the requirements of the Contract Documents, including the furnishing of all materials, services, implements, machinery, equipment, tools, supplies, transportation, labor, insurance, and all other items necessary for the satisfactory prosecution and completion of the requirements of the

Contract Documents.

4. Upon completion of deliveries, the Bidder shall promptly remove and properly dispose of all implements, surplus property, and debris from the

Work site(s), if any.

H. SUBCONTRACTORS

1. A subcontractor is a person or entity who has a direct contract with the

Bidder to perform CCPS’ Contract requirements. The CCPS does not directly contract with subcontractors. The subcontractor shall contract solely with the prime Vendor/Contractor.

2. Within ten (10) days after the Notice of Award, the Vendor/Contractor shall submit to CCPS the names of those subcontractor(s) the Vendor/

Contractor proposes to use to perform the required Work related to CCPS’

Contract. CCPS reserves the right to accept or reject the use of any subcontractor(s). Contracts between the Vendor/Contractor and the subcontractor(s) shall:

(i) Require each subcontractor, to the extent of the Work to be performed by the subcontractor, to be bound to the Vendor/

Contractor by the terms of the Contract Documents, and to assume toward the Vendor/Contractor all the obligations and responsibilities which the Vendor/Contractor, by these Contract

Documents, assumes toward CCPS; and

(ii) Allow to the subcontractor the benefit of all rights, remedies, and

July 2026 Page 8 redress afforded to the Vendor/Contractor by these Contract

Documents.

3. The Vendor/Contractor shall not employ any subcontractor with whom

CCPS may have a reasonable objection. The Vendor/Contractor shall not be required to contract with anyone with whom he/she has a reasonable objection.

4. Acceptable subcontractors shall have successfully completed at least three

(3) years of providing the Work of similar magnitude and complexity. A

Vendor/Contractor shall provide, upon request, a copy of all contracts executed between the Vendor/Contractor and his subcontractors/suppliers.

I. MODIFICATIONS/WITHDRAWAL OF BIDS

A Bidder may modify or withdraw a bid at any time prior to the bids due date and time. All modifications or withdrawals must be in writing and must be executed by a person with authority to bind the Bidder.

J. DISCRETION IN DETERMINING DEVIATIONS AND COMPLIANCE,

CANCELLATION, AND REJECTION OF BIDS

If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in the ITB, the Bidder shall immediately notify the Purchasing Manager of such error in writing and request modification or clarification. The Purchasing

Manager shall determine whether a Bidder has met the mandatory requirements of this ITB. The Purchasing Manager has the sole authority to determine if any deviation from the requirements of this ITB is material in nature. The Purchasing

Manager also reserves the right to waive any minor informality, nonconformity, or irregularity of any bid submitted, as a result of the requirements of this ITB.

Purchasing Manager reserves the right to reject in whole or in part, cancel this

ITB, or reject all bids. The Purchasing Manager may also negotiate with all responsible bidders in any manner deemed necessary to serve the best interests of

K. MATERIALS SUBMITTED IN RESPONSE TO THIS ITB

Any/all materials submitted in response to this ITB become the property of CCPS.

Any information considered proprietary or confidential, should be so marked by the Bidder, prior to submission.

L. INDEMNIFICATION

To the fullest extent permitted by law, the Vendor/Contractor shall indemnify and hold harmless CCPS and its agents, employees, and representatives from and against all claims, damages, losses, penalties, liabilities, fees (including reasonable attorney fees), and expenses resulting from or arising out of any

July 2026 Page 9 material breach, of the performance of the Work, warranties, and covenants of the

Bidder contained in the Contract Documents; or from any injuries to persons or property caused by the negligence or alleged negligence of the Vendor/Contractor or its subcontractors, employees, or authorized representatives or in any other manner arising out of the performance of this Contract. This indemnification shall continue in full force and effect until the Vendor/Contractor completes all the Work required under the Contract, except that indemnification shall continue for all claims involving products or completed operations after final acceptance of the Work by this ITB.

M. BRAND NAMES

Manufacturers’ names, trade names, brand names, model and catalog numbers used in these specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Bids will be considered for American brand names or alternative brands that meet or exceed the quality of the specifications listed for any item. It is the Bidders’ responsibility to submit brand literature to demonstrate the equivalency of the product(s) offered.

N. SUBSTITUTIONS

1. In the event a Vendor/Contractor is unable to secure sufficient supplies to fulfill all orders, the Vendor/Contractor may substitute a product of equal or better quality provided; however, the substitute product must be sold to

CCPS at the Contract price or below;

2. CCPS is contacted in advance for approval or disapproval of the substitution;

3. CCPS retains the right to determine “equal or better quality”; and

4. If the Vendor/Contractor is unable to fulfill all obligations in accordance with these terms and conditions, CCPS may acquire the product in the open marketplace with any cost(s) increase(s) being the responsibility of the Vendor/Contractor.

O. SAMPLES

CCPS, may at its own discretion, require the submission of samples. If samples are required, they shall be submitted at the same time as the submission of the bid or subsequent requests as stipulated by the CCPS. Samples are to be packed under separate cover from the bid. CCPS is not responsible for samples that are incorrectly marked or delivered. Samples shall be marked with bid item numbers and identifying manufacturer information. Samples may or may not be returned to the Bidder, at the discretion of the CCPS.

July 2026 Page 10

P. EXCEPTIONS

It shall be the responsibility of the Bidder to include, with the Bid, a list of clarifications of any deviations or qualifications from conditions and specifications of this ITB. The list must be attached to the Bid Submission Form (Attachment I).

Q. QUANTITIES

The quantities given are intended only as a guide for the Bidders. CCPS does not obligate itself to purchase full quantities indicated; although, the pricing offered must be allowed whether or not the purchase is less than the full quantities indicated. CCPS requirements may exceed the quantities shown and the

Vendor/Contractor shall be obligated to fulfill the increased requirements. There shall be no allowable minimum order quantities under any resulting Contract.

R. TESTING

Products ordered under this ITB may require testing. If so, Work not meeting the requirements/specifications of this ITB, will be rejected/returned to the Vendor/

Contractor, at no cost to CCPS. The Vendor/Contractor shall be required to replace or correct the Work at a cost not to exceed the Vendor/Contractor’s price offered under this ITB. At its own discretion, CCPS may request, internally or by an independent testing laboratory, random testing of samples of goods purchased under this Contract, in order to ascertain if the product is, in fact, as represented by the Bidder. If it is established that the product is not as represented, the cost of testing shall be the responsibility of the Vendor/Contractor, as well as any costs for replacing the product. If it is indicated that the Vendor/Contractor knowingly furnished a product to CCPS that did not meet the standards required, CCPS may, at its discretion debar the Bidder from future participation within its jurisdiction.

S. ACCEPTANCE

All Work delivered under this ITB shall be subject to final inspection, test, and acceptance by CCPS prior to any payment.

T. ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK

CCPS reserves the right to accept any defective Work not in compliance with the specifications contained herein, provided, however, that in such event the price shall be reduced by an appropriate and equitable amount to account for such defect or non-compliance. Such adjustment(s) shall be affected, whether final payment has been made or not. Substitutions not properly approved and authorized, shall be considered defective and shall be returned to the Vendor/Contractor for refund/replacement at the expense of the Vendor/Contractor. CCPS, at its own discretion will determine if a refund or replacement is appropriate.

July 2026 Page 11

U. REJECTION

CCPS shall give notice of rejection of the Work delivered under this ITB within a reasonable time after receipt or acceptance of said Work. Acceptance by CCPS shall not waive any lawful right CCPS might otherwise have by law or by express reservation in this Contract with respect to any nonconformity.

V. WARRANTY

The Contractor warrants that the services furnished under this ITB will be free from defect not inherent in the quality required or permitted, and that the work will conform to the local, State, and federal requirements for this ITB. Work not conforming to these requirements, including substitutions not properly approved and authorized, will be considered defective and shall be redone/returned to the

Contractor for refund/replacement at the expense of the Contractor. Warranty period shall be two (2) year after acceptance by CCPS unless otherwise agreed to by CCPS and Contractor.

W. PAYMENT TERMS

Payment shall be made after satisfactory performance of the Work rendered and accepted under this Contract. The Vendor/Contractor must submit an invoice, identified as such, to CCPS for payment of all charges. Invoices must reference the PO number, ITB number and title [ITB # WWTS-2627, Wastewater

Treatment Services]. Vendors/Contractors must itemize charges. CCPS is generally exempt from Federal Excise, Maryland Sales, and Use Taxes. Payment terms are net 30 days for each proper invoice. CCPS offers Automated Clearing

House (ACH) Vendor/Contractor payments through its Accounting Department.

In addition, CCPS has implemented a Virtual Electronic Payables System

(VEPS). All Vendors/Contractors doing business with CCPS will be offered the option of accepting electronically transmitted payments. Prior to award, all inquiries on CCPS’ ACH or VEPS must be submitted in accordance with section

VI, “General Terms and Conditions (A) Inquiries/Communications” of this

ITB. Subsequent to award, the Vendor/Contractor is encouraged to contact the

CCPS Accounts Payable Department (301) 934-7362 for additional information related to the CCPS payment process.

Please submit reports, if required, to:

Office of Supporting Services-Department of Risk Management

Attn: Mr. Glenn Belmore, Risk Manager

P.O. Box 2770 gbelmore@ccboe.com mailto:gbelmore@ccboe.com

July 2026 Page 12

Please submit invoices to:

AccountsPayable@ccboe.com AND gbelmore@ccboe.com

OR

c/o Accounts Payables

P.O. Box 2770

5980 Radio Station Road

X. CHANGES

1. Change Orders: CCPS may order changes to the Work consisting of additions, deletions, or modifications. Changes may include, but are not limited to changes in Contract sum, the time for performance, pricing, (i.e.

CPI-U adjustments), quantities, delivery location, etc. Such changes in the requirements shall be authorized only by written Change Order(s) signed by the Purchasing Manager and an authorized representative of the

Vendor/Contractor.

2. Ordering Option: When an ITB specifies a fixed quantity of Work, the

Bidder agrees to provide additional quantities in excess of those stated in the ITB at the same unit prices (or less) as stated in the Bidder’s Bid for a minimum one (1) year period. The amount of any such additional quantities shall be added to the Contract sum by a formal written change order.

3. Option Periods: If the Contract Documents include one or more option periods, all Contract renewals shall be authorized by a renewal notice signed by the CCPS Procurement Manager and the Vendor/Contractor.

The Contract sum in the option period(s) shall be based on firm fixed prices used in the first year Contract. Unless, otherwise mutually agreed to, in writing, any request for a price increase for a Contract renewal year shall be limited to the percentage of change (for previous year) in the

Consumer Price Index, for all Urban Consumers (CPI-U), for the

Washington, D.C. Metropolitan Area. CPI-U adjustments are not automatic. The Vendor/Contractor must request CPI-U price adjustments in writing to the Purchasing Manager at the time of Contract renewal.

Late requests for CPI-U adjustments will not be retroactive.

Y. FORCE MAJEURE

Force majeure is defined as an occurrence beyond the control of the affected parties and not avoidable by reason of diligence. Force majeure excusable causes include, but are not limited to, acts of God, acts of the federal or state government mailto:AccountsPayable@ccboe.com mailto:gbelmore@ccboe.com

July 2026 Page 13 in either their sovereign or contractual capacities, riots, strikes, fire, floods, epidemics, acts of the public enemy, or other similar occurrences. If either party is delayed by force majeure, said parties shall provide written notification to the other within 48 hours. Delays shall cease as soon as practicable and written notification of same provided. The time of Contract completion may be extended by Contract modification, for a period of time equal to that delay caused under this condition. CCPS reserves the right to cancel the Contract and/or purchase materials, equipment or services from the best available source during the time of force majeure, and the Vendor/Contractor shall have no recourse against CCPS.

Further, except for payment of sums due, neither party shall be liable to the other or deemed in default under this Contract, if and to the extent that such party’s performance of this Contract is prevented by reason of force majeure as defined herein. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the

Vendor/Contractor and the subcontractor and without the fault or negligence of either, the Vendor/Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted Work was obtainable from other sources in sufficient time for the Vendor/Contractor to meet the required time(s) for performance.

Z. NO BID

If the Bidder elects to “No bid” this ITB, a no bid should be filed with the CCPS

Purchasing Department.

AA. BID PROTEST PROCEDURES

A bid protest shall be filed with the CCPS Purchasing Department by submitting a written protest to Nelson E. Sample, Procurement Manager, either by mail at P.O.

Box 2770, 5680 Radio Station Road, 2nd Floor, La Plata, MD 20646, or in person at 5980 Radio Station Road, 2nd Floor, La Plata, MD. The protest must be received by the close of business on or before the seventh (7th) business day after the award. Protests shall include bid number, the basis of the protest, the relief sought and whether the protester wishes to have a conference with respect to the protest. The protester must also be a person with signatory authority for the

AB. REPAIRS TO DAMAGED PROPERTY

Any damage to CCPS’ facilities caused by the Vendor/Contractor, its agents or employees, shall be repaired to its original condition. All repairs shall be performed at no cost to the CCPS.

AC. TOBACCO FREE AND ALCOHOL/DRUG FREE ENVIRONMENT

CCPS maintains a tobacco and alcohol/drug free environment. The Vendor/

Contractor shall not permit its employees, the employees of any subcontractors, July 2026 Page 14 suppliers, customers, or others to use tobacco products (smoke or smokeless) on the premises or on property owned, occupied, or operated by CCPS.

AD. OSHA COMPLIANCE

All Work furnished by the Vendor/Contractor shall meet all applicable state and federal requirements of the Occupational Safety and Health Act (OSHA). Alleged violations or deviations from said federal and state requirements pertaining to any

Work to be furnished by the Vendor/Contractor, or the Vendor/Contractor's working conditions or employment practices, must be set forth in the Bid.

AE. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS

The CCPS system does not discriminate based on race, color, religion, national origin, sexual orientation, age, gender identity, or disability in its programs, activities or employment practices as contained in, but not limited to Code of

Laws of the United States of America (USC), Title of the Civil Rights Act of

1964 and the Maryland Code, State Government § 20-601, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Vendor/Contractor. For inquiries, please contact Dr. Michael

Blanchard, Title IX/ADA/Section 504 Coordinator (students) or Nikial M.

Majors, Title IX/ADA/Section 504 coordinator (employees/adults), at Charles

County Public Schools, Jesse L. Starkey Administration Building, P.O. Box 2770, La Plata, MD 20646; 301-932-6610/301-870-3814. For special accommodations, call 301-934-7230 or TDD 1-800-735-2258 two weeks prior to the event.

All Bidders shall affirm that they do not discriminate with regard to the Code of Laws of the United States of America (USC) as it relates to discrimination and the Maryland Code, State Government § 20-601 in employment practices by so stating in the response to the bid.

AF. LOCAL SCHOOL SYSTEMS – EQUIVALENT ACCESS STANDARDS –

DIGITAL TOOLS (EQUIVALENT AND NONVISUAL ACCESS

ACCOUNTABILITY ACT FOR K–12 EDUCATION)

1. In accordance with the State of Maryland's Education Article, Section 7-

910 and Senate Bill 617, effective July 1, 2022, digital tools developed or purchased by CCPS shall require equivalent access for students with disabilities, including blindness, in accordance with the technical standards for electronic and information technology issued under subsection (a)(2) of Section 508 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794d(a)(2) or any other widely accepted or and freely available technical standard.

2. If CCPS finds that a digital tool fails to meet the equivalent access standards including nonvisual access, within 18 months after development or purchase of the digital tool, CCPS shall send a written notice to the

July 2026 Page 15

Vendor/Contractor of the Vendor/Contractor’s failure to comply with the equivalent access standards required under the Contract.

3. Upon receipt of notice from CCPS, the Vendor/Contractor, at the Vendor/

Contractor’s expense, shall modify the digital tool to meet the required equivalent access standards within a timeframe agreed on by CCPS and the Vendor/Contractor.

4. A Vendor/Contractor that fails to meet the equivalent access standards shall:

i. be subject to a civil penalty of:

(a) a fine not exceeding $5,000 for a first offense; or

(b) be subject to a fine not exceeding $10,000, for a subsequent offense.

ii. Indemnify the State Board, county board or CCPS for liability resulting from the use of a digital tool that fails to meet the equivalent access standards, including nonvisual access.

For additional details see https://mgaleg.maryland.gov/2023RS/Statute_Google/ged/7-910.pdf

AG. TERMINATION

1. CONVENIENCE: CCPS may terminate the performance of Work under any resulting Contract in whole or in part when it is determined to be in the best interest of CCPS, for any reason. The CCPS may terminate this

Contract prior to expiration of the period of performance by giving fifteen

(15) days advance written notice. Any such termination shall be affected by delivery to the Vendor/Contractor of a notice of termination specifying the extent to which performance of the Work is terminated and the date upon which such termination becomes effective. All finished or unfinished

Work provided by the Vendor/Contractor shall at the option of CCPS, become the property of CCPS. CCPS shall pay the Vendor/Contractor fair and equitable compensation for satisfactory performance prior to receipt of notice of termination. Upon receipt of a notice of termination, the

Vendor/Contractor shall submit his/her Termination Claim to the CCPS

Purchasing Office.

2. DEFAULT: CCPS may, by giving fifteen (15) days written notice of default to the Vendor/Contractor, terminate the whole or any part of the

Contract. Said notice shall give the Vendor/Contractor ten (10) days to cure said default from the date of receipt of said notice. In the event of a default termination, CCPS shall pay the Vendor/Contractor fair and https://mgaleg.maryland.gov/2023RS/Statute_Google/ged/7-910.pdf

July 2026 Page 16 equitable compensation for satisfactory performance up to the date of termination. If, after notice of termination of this Contract under provision of this clause, it is determined for any reason that the Vendor/Contractor was not in default under the provisions of the clause, or that the default was excusable under the provisions of the Contract, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to a termination for convenience.

3. NON-APPROPRIATION OF FUNDS: This Contract is conditioned upon an annual appropriation made by the CCPS Board of Education of Charles

County Public Schools (Board) of funds sufficient to pay the compensation due the Vendor/Contractor under this Contract. If such an appropriation is not made in any fiscal year and the CCPS lacks funds from other sources to pay the compensation due under this Contract, the CCPS will be entitled to terminate this Contract at the beginning of or during such fiscal year. In that event, the CCPS will not be obligated to make any payments under this

Contract beyond the amount properly appropriated for Contract payments in the immediate prior fiscal year. The CCPS will provide the

Vendor/Contractor written notice of termination of this Contract due to the non-appropriation of funds at least fifteen (15) calendar days before the effective date of the termination. However, the CCPS’ failure to provide such notice will not extend this Contract into a fiscal year in which funds for

Contract payments have not been appropriated.

AH. APPLICABLE AND COMPLIANCE WITH LAWS

The Bidder hereby represents and warrants that:

1. It is qualified to do business in the State of Maryland and that it will take any such action(s) when necessary, hereafter, to remain qualified.

2. It is not in arrears with respect to the payment of any monies due and owing the State of Maryland, or any department or unit thereof, including, but not limited to, the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract.

3. It shall comply with all federal, state, and local laws, regulations, rules, statues, and ordinances applicable to its activities and obligations under this Contract.

4. It shall obtain, at its own expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract.

AI. SUBLETTING OR ASSIGNMENT OF CONTRACT

1. This Contract shall not be assigned, sublet or transferred, in whole or in

July 2026 Page 17 part, by operation of law or otherwise, by either of the parties hereto except with the prior written consent of an authorized signer of the other.

2. The Vendor/Contractor may not assign or subcontract any rights or obligations under this Agreement without CCPS' prior written approval. In no case shall such assignment of Contract(s) release the Vendor/Contractor from its obligations or change the terms of the Contract(s).

AJ. REGISTERED SEX OFFENDERS

1. In accordance with the State of Maryland's Criminal Procedure Article, Section 11-722, House Bill 642, and Senate Bill 508, Vendors/Contractors or subcontractors who enter into a contract with a local board of education, may not knowingly employ, assign, or retain an individual to perform Work, deliveries, or visiting Properties, if the individual is a registered sex offender with a conviction of fourth-degree sexual offense and third-degree sexual offense. Offenses committed in another state that would constitute a third-or fourth-degree sexual offense if committed in this state apply. Therefore, in contract awards between CCPS and

Vendors/Contractors and their subcontractors at every tier, employing an individual registered sex offender to work at a school is strictly prohibited.

This provision applies to all individuals that may be performing Work and/or deliveries on or visiting the Properties for business purposes.

2. The Bill also requires Vendors/Contractors and subcontractors in specific facilities who have direct, unsupervised, and uncontrolled access to children to submit a criminal history records check.

3. It shall be the responsibility of all Vendors/Contractors submitting a bid or offer to CCPS to comply with this provision. If a Vendor/Contractor is found to have violated this provision subsequent to an award by CCPS, the contract may be immediately terminated at CCPS’ sole option, and that

Vendor/Contractor may be liable to CCPS for all re-procurement costs, including, but not limited to liquidated damages, and may be debarred from bidding future CCPS requirements.

4. In addition, effective July 1, 2019, Md. Code, Educ., 6-113.2

(concerning child sexual abuse and sexual misconduct) the following shall apply:

This law applies to entities that contract with a county board of education to provide a service to a school or the students of a school. The law requires that, prior to hiring an individual to work in a public school or with public school students, the contracting entity must request information from the individual and the individual’s previous employers using state-mandated forms as to whether the individual has ever been disciplined for allegations of “child sexual abuse” or “sexual

July 2026 Page 18 misconduct.” Please contact the CCPS Procurement Manager at (301)

934-7340 for details, or visit the state’s web site at http://www.marylandpublicschools.org/about/Pages/DEE/index.aspx

AK. RIDER CLAUSE

Vendors/Contractors are advised that in addition to the Rider Clause (see Vendor/

Contractor, to all state, county, local agencies, colleges, and school districts in the

State of Maryland. The Vendor/Contractor must deal directly with each jurisdiction concerning issuance of POs, contractual disputes, invoicing, and payments. CCPS assumes no obligation on behalf of any of these organizations.

Failure to extend a contract to any listed or unlisted jurisdiction will have no effect on the consideration of your bid.

AL. EVALUATION OF BIDS

Bids will be evaluated based on complete responses. Responses shall include: all

Addendums, if any, signed and included with Bid: Attachment I- Bid Submission

Form Signature Page, Attachment II-Business Relationship Affidavit Attachment, III-Specs., Pricing, and Delivery, Attachment IV-References, Attachment V-

Subcontractor Information Form, Attachment VI-MWCOG Rider Clause, Attachment VII-W-9, and all required supplementary documentation.

AM. AWARD OR REJECTION OF BIDS

Award(s) will be made to the lowest responsive and responsible Bidder complying with all terms and conditions contained herein. CCPS reserves the right to award the requirements of this ITB in total or in part as determined to be in the best interest of CCPS. The CCPS also reserves the right to make multiple awards, cancel the ITB, or re-bid at its sole discretion.

AN. BID BOND

CCPS reserves the right to require a performance and payment bond. The

Vendor/Contractor with the successful bid may be required to submit a bid bond equal to one hundred percent (100%) of the total project cost on projects one hundred thousand dollars ($100,000) and greater. If bonds are required, the reasonable cost will be reimbursable to the awarded Vendor/Contractor(s).

AO. MARYLAND MARKETPLACE (eMMA)

Maryland State Law requires CCPS to publish notices of procurements and procurement awards on eMaryland Marketplace Advantage (eMMA). The requirement extends only to contracts procured through competitive sealed bidding, competitive sealed proposals, noncompetitive negotiations, and to procurements whose value equals or exceeds that for State contracts that must be published on eMMA. Bidders are encouraged to register as a Vendor/Contractor http://www.marylandpublicschools.org/about/Pages/DEE/index.aspx

July 2026 Page 19 with eMMA at https://procurement.maryland.gov and must be registered with eMMA to receive a contract award. If you require assistance, contact the help desk at emma.helpdesk@maryland.gov or call (410) 767-1492.

AP. MARYLAND STATE DISCLOSURE

Please be advised that the provision of Article 33 of the Annotated Code of

Maryland, Section 30-1, et seq., requires the filing of certain disclosure statements by persons doing business with the State or with a County, Incorporated

Municipality, or other political subdivision of the State. Further information with regards to this disclosure requirement may be obtained from the Office of the

Secretary of State, Jeffrey Building, 16 Francis Street, Annapolis, Maryland

21404, telephone number (410) 974-5521.

VII. INSURANCE REQUIREMENTS

1. General Insurance Requirements

1.1 The Vendor/Contractor shall not commence Work purchased by CCPS under this Contract until the Vendor/Contractor has obtained at the Vendor/

Contractor's own expense all the insurance as required hereunder and such insurance has been approved by the CCPS; nor shall the Vendor/Contractor allow any subcontractor to commence Work on any subcontract until all insurance required of the subcontractor has been so obtained and approved by the

Vendor/Contractor. Approval of insurance required of the Vendor/Contractor will be granted only after submission to the CCPS Purchasing Department of original certificates of insurance signed by authorized representatives of the insurers or, at the Purchasing Department's request, certified copies of the required insurance policies.

1.2 Insurance as required, hereunder, shall be in force throughout the term of the Contract and, in accordance with 2.1.1 iii, for two (2) years after final payment by CCPS. Original certificates signed by authorized representatives of the insurers or, at CCPS’ request, certified copies of insurance policies, evidencing that the required insurance is in effect, shall be maintained with the

Purchasing Department throughout the term of the Contract and for two (2) years after final payment by CCPS under this contract.

1.3 The Vendor/Contractor shall require all subcontractors to maintain during the term of the Contract commercial general liability insurance, business auto liability insurance, and workers compensation and employers liability insurance to the same extent required of the Vendor/Contractor in 2.1.1, 2.1.2, and 2.1.3, unless any such requirement is expressly waived or amended by CCPS in writing.

If any Subcontractor is storing, transporting, and/or delivering the products or materials purchased by CCPS under this Contract, the Vendor/Contractor shall require such Subcontractor(s) to maintain during the term of the Contract transportation (cargo) insurance and employee dishonesty insurance to the same https://procurement.maryland.gov/ mailto:emma.helpdesk@maryland.gov

July 2026 Page 20 extent required of the Vendor in 3.1 and 3.2. The Vendor/Contractor shall furnish copies of sub-contractors’ certificates of insurance to CCPS immediately upon request.

1.4 All insurance policies required hereunder shall be endorsed to provide that the policy is not subject to cancellation or non-renewal until forty-five (45) days prior written notice has been given to CCPS.

1.5 No acceptance and/or approval of any insurance by CCPS shall be construed as relieving or excusing the Vendor/Contractor from any liability or obligation imposed upon the Vendor/Contractor by the provisions of this

Contract.

1.6 If the Vendor/Contractor does not meet the insurance requirements of this

Contract, the Vendor/Contractor shall forward a written request to CCPS for a waiver in writing of the insurance requirement(s) not met or approval in writing of alternate insurance coverage, self-insurance, or group self-insurance arrangements. If CCPS denies the request, the Vendor/Contractor must comply with the insurance requirements as specified in this Contract.

1.7 All required insurance coverages must be underwritten by insurers allowed to do business in the State of Maryland and acceptable to CCPS. The insurers must also have a policyholders' rating of "A-" or better, and a financial size of "Class VII" or better in the latest evaluation by A. M. Best Company, unless CCPS grants specific approval for an exception. CCPS hereby grants specific approval for the acquisition of workers compensation and employers liability insurance from the Injured Workers Insurance Fund of Maryland.

1.8 Any deductibles or retentions in excess of $10,000 shall be disclosed by the Vendor/Contractor and are subject to CCPS’ written approval. Any deductible or retention amounts elected by the Vendor/Contractor or imposed by the Vendor/Contractor's insurer(s) shall be the sole responsibility of the

1.9 Any and all return premiums and/or dividends for insurance or coverage directly charged to CCPS by the Vendor in connection with this Contract shall belong to and be payable to CCPS.

1.10 If CCPS is damaged by the failure or neglect of the Vendor/Contractor or subcontractors to purchase and maintain insurance as described and required herein, without so notifying CCPS, then the Vendor/Contractor shall bear all reasonable costs properly attributable thereto.

2. Vendor/Contractor's Liability Insurance (Occurrence Basis)

2.1 The Vendor/Contractor shall purchase and maintain the following insurance coverages on an occurrence basis at no less than the limits specified below or required by law, whichever is greater:

July 2026 Page 21

2.1.1 Commercial general liability insurance or its equivalent for bodily injury, personal injury and property damage including loss of use, with minimum limits of:

$ 1,000,000 each occurrence;

$ 1,000,000 personal and advertising injury;

$ 2,000,000 general aggregate; and

$ 2,000,000 products/completed operations aggregate.

This insurance shall include coverage for the following:

i Liability arising from premises and operations;

ii Liability arising from the actions of independent contractors;

iii Liability arising from products and completed operations with such coverage to be maintained for two (2) years after final payment by CCPS under this Contract; and iv Contractual liability, including protection for the Vendor/Contractor from bodily injury and property damage claims arising out of liability assumed under this Contract.

2.1.2 Business auto liability insurance or its equivalent with a minimum limit of

$1,000,000 per accident and including coverage for all the following:

i. Liability arising out of the ownership, maintenance or use of any auto (if no owned autos, then hired and non-owned autos only); and

ii. Automobile contractual liability.

2.1.3 Workers compensation insurance or its equivalent with statutory benefits, as required by any state or Federal law, including standard "other states" coverage; employers’ liability insurance or its equivalent with minimum limits of:

$ 100,000 each accident for bodily injury by accident;

$ 100,000 each employee for bodily injury by disease; and

$ 500,000 policy limits for bodily injury by disease.

If the Vendor/Contractor is an individual or sole proprietor operating without workers compensation coverage, the Vendor/Contract must obtain personal health insurance or its equivalent.

2.1.4 Umbrella excess liability or excess liability insurance or its equivalent with minimum limits of:

$ 1,000,000 per occurrence;

July 2026 Page 22

$ 1,000,000 aggregate for other than products/completed operations and auto l liability; and

$ 1,000,000 products/services aggregate and include all the following coverages on the applicable schedule of underlying insurance:

i. Commercial general liability;

ii. Business auto liability; and

iii. Employers’ liability.

2.1.5 CCPS shall be named as an additional insured on the Vendor/Contractor’s commercial general liability insurance and umbrella excess or excess liability insurance policies, if any, with respect to liability caused in whole or in part by the Vendor/Contractor’s acts or omissions or the acts or omissions of those acting on the Vendor/Contractor’s behalf.

The Vendor/Contractor's commercial general liability insurance and the umbrella excess liability or excess liability policies, if required herein, must include the following…