October 2026 St. Mary’s County Public Schools Page 1 Department of Maintenance – Horizontal Blinds

ITB #SMCPS-2027-M-HB

ST. MARY’S COUNTY PUBLIC SCHOOLS (SMCPS)

INVITATION TO BID (ITB)

BID TITLE: DEPARTMENT OF MAINTENANCE – HORIZONTAL BLINDS

BID NUMBER: ITB #SMCPS-2027-M-HB

DEADLINE FOR QUESTIONS: OCTOBER 16, 2026 AT 1:00 PM LOCAL TIME

CONTRACT PERIOD: ONE (1) YEAR WITH THE OPTION TO RENEW FOR FOUR

(4) ADDITIONAL ONE-YEAR PERIODS

BID OPENING DATE: OCTOBER 26, 2026

TIME OF BID OPENING: 1:00 PM LOCAL TIME

PLACE OF BID OPENING: **BIDDERS MAY OBSERVE THE OPENING OF BIDS

ONLINE BY LOGGING IN TO A VIRTUAL MEETING HOSTED

BY SMCPS AT THE TIME AND DATE OF THE BID OPENING.

FOR DETAILS, PLEASE SEE SECTION II, “INFORMATION

FOR BIDDERS.”

BID MAILING ADDRESS: **ALL BIDS MUST BE SUBMITTED ELECTRONICALLY

USING THE EMARYLAND MARKETPLACE ADVANTAGE

WEBSITE. PLEASE SEE SECTION II, “INFORMATION FOR

BIDDERS”.

PROCUREMENT COORDINATOR: PATRICK McCALL

EMAIL ADDRESS: pjmccall@smcps.org

WEBSITE: procurement.maryland.gov mailto:pjmccall@smcps.org

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TABLE OF CONTENTS

I. INTRODUCTION

II. INFORMATION FOR BIDDERS

III. INQUIRIES/COMMUNICATION

IV. GENERAL TERMS AND CONDITIONS

V. INSURANCE REQUIREMENTS

VI. SPECIFICATIONS

Please include the following with your bid submission:

ATTACHMENT 1 – Bid Submission Form ATTACHMENT 2A – Business Relationship Affidavit ATTACHMENT 2B – Certification of Compliance with MD Sex Offender Law ATTACHMENT 3 – Specifications, Pricing and Delivery Information Sheet ATTACHMENT 4 - References ATTACHMENT 5 – Minority Business Enterprise Utilization Affidavit ATTACHMENT 6 – No Bid Reply Form ATTACHMENT 7 – W-9 Form

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I. Introduction

The Board of Education of St. Mary’s County on behalf of St. Mary’s County Public Schools (SMCPS) is requesting sealed bids from experienced and qualified vendors to supply, deliver and install horizontal blinds in school and office buildings on an as-needed basis.

II. Information for Bidders

A. ELECTRONIC BID SUBMISSION REQUIRED

All bids must be submitted electronically using the eMaryland Marketplace Advantage (eMMA) website.

There is no exception. Bids submitted in any other manner (mail, email, etc.) will not be considered. In order to submit a bid, vendors must register on the eMaryland Marketplace Advantage website. After registering, vendors may then upload their bid response documents (in Word, PDF, etc.).

The following information is provided by eMaryland Marketplace to assist bidders:

Tutorials:

Vendor Training and Support

Quick Reference Guides:

eMMA Quick Reference Guides eMMA Help Desk: emma.helpdesk@maryland.gov

All bids must be submitted electronically using the eMaryland Marketplace website on or before the bid opening date and time, which is October 26, 2026 at 1:00 pm local time. Contractors shall assume full responsibility for timely delivery of the bid response to the location designated for receipt of bids. Bids received after the time and date will be considered unresponsive.

If SMCPS offices are closed on the day a bid is “DUE”, the bid will be due at the same time the next day that the SMCPS offices are opened.

B. ALTERNATIVE TO PUBLIC BID OPENING

A public bid opening will take place via Google Meet video conference. A Google meeting has been scheduled for the bid due date and time (October 26, 2026 at 1:00 p.m. local time). SMCPS will access the sealed bids at this time and will read the bids aloud as part of the Google meeting. Vendors are invited to join this meeting (via video or conference call) if they wish to hear the bids read aloud. Details can be found below; if you would like to receive a calendar invitation please contact pjmccall@smcps.org. Participation in this Google meeting is optional.

https://procurement.maryland.gov/vendor-training-and-resources/ https://procurement.maryland.gov/emma-qrgs/ mailto:emma.helpdesk@maryland.gov

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ITB Deadline - SMCPS-2027-M-HB - Horizontal Blinds

Monday, October 26 · 1:00 – 1:30pm

Time zone: America/New_York

Google Meet joining info

Video call link: https://meet.google.com/mhf-ntwp-vnx

Or dial: 4965-818-(US) +1 513 PIN: 923 069 366#

More phone numbers: https://tel.meet/mhf-ntwp-vnx?pin=3090318987282

C. FORMATION OF THE CONTRACT

It is the intent of SMCPS that should this bid be accepted and awarded, the Contract will consist of the bid solicitation documents, any addenda/amendments, and the bidder’s response to the bid solicitation, addendum/amendment documents, SMCPS written notice of award and subsequent purchase orders. The resulting contract shall be awarded for a period of one (1) year with the option to renew for four (4) additional one-year terms. SMCPS reserves the right to cancel the contract, at its discretion, for any reason.

SMCPS reserves the right to award the requirements of this bid in total or in part as it determines to be in the best interest of SMCPS. SMCPS reserves the right to make multiple awards. Contract awards are subject to the availability of funding.

Minority Business Enterprises are encouraged to respond to this solicitation notice.

III. Inquiries/Communication

Prospective bidders may request that SMCPS clarify information contained in this bid. All such requests must be made in writing to Patrick McCall, Procurement Coordinator. SMCPS will not respond to any requests for clarification received after October 16, 2026 at 1:00 pm local time. Questions may be sent via email to pjmccall@smcps.org. An addendum will be issued if necessary to answer all questions. The addendum will be posted on http://procurement.maryland.gov under the applicable bid number and will be available at the SMCPS Purchasing Office.

IV. General Terms and Conditions

A. DISPUTES

The resulting Contract award from this ITB shall be subject to the provisions of Title 15, Subtitle 2 or the

State Finance and Procurement Article of the Annotated Code of Maryland and COMAR 21.10

(Administrative and Civil Remedies). Pending resolution of a claim, the Vendor shall proceed diligently with the performance of the Contract in accordance with the decision of SMCPS.

https://tel.meet/mhf-ntwp-vnx?pin=3090318987282

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B. GOVERNING LAW AND VENUE

The bid shall be construed in accordance with, and interpreted under, the Laws of the State of Maryland.

Any lawsuit arising out of such a bid or resulting contract shall be filed in the appropriate State Court of competent jurisdiction located in St. Mary’s County.

C. TERMINATION

a. DEFAULT

SMCPS may, by written notice of default to the contractor, terminate the whole or any part of the contract. If, after notice of termination of this contract under provision of this clause, it is determined for any reason that the Vendor 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.

b. CONVENIENCE

SMCPS 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 SMCPS, for any reason. Any such termination shall be effected by delivery to the Vendor 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 supplies and services provided by the contractor shall at the option of SMCPS, become the property of SMCPS. SMCPS shall pay the contractor fair and equitable compensation for satisfactory performance prior to receipt of Notice of

Termination. Upon receipt of a Notice of Termination, the Vendor shall submit to the

Purchasing Office his Termination Claim.

D. CONTRACT TERM AND PRICE ADJUSTMENTS

A. The Contract shall continue in full force and effect for 12 months from its effective date. Upon the expiration date or applicable anniversary thereof, the term of the Contract shall be automatically renewed for up to four (4) successive terms of 12 months each unless either party provides written notice to the other party no less than 30 days prior to the expiration date of the existing term that it does not wish to renew the Contract. The total duration of the Contract, including renewal terms, shall not exceed five (5) years.

B. Contract hourly labor rates shall remain firm-fixed for the initial Contract term. Thereafter, annual adjustments to Contract hourly labor rates may be permitted in accordance with and subject to the following:

I. The Contractor’s written request submitted to SMCPS no less than 30 days prior to the respective renewal date. SMCPS will not consider late requests for adjustments to the

Contract hourly labor rates.

II. SMCPS’s approval.

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III. Increases shall be based on the Consumer Price Index (CPI-U), as published by the Bureau of Labor Statistics. The rate shall be in accordance to the Consumer Price Index (CPI-U). All

Items, Washington-Baltimore, DC-MD-VA-WV, over the most recent 12 months for which the CPI-U is available. Hourly rate increases shall not exceed five (5) percent regardless of the actual percentage change in the CPI-U.

IV. Retroactive price adjustments or increase that are cumulative for prior years shall not be allowed.

D. OPTIONAL GOODS AND/OR SERVICES:

SMCPS reserves the right to request and evaluate optional goods and/or services which may be in the best interests of SMCPS, and to negotiate the price of such goods and/or services with the successful

Offeror or with another Offeror, whichever is determined to be the most advantageous to SMCPS. While pricing for optional goods and/or services may be requested in this Solicitation, SMCPS is under no obligation to consider such optional goods and/or services when selecting the successful Offeror unless otherwise stated.

E. CHANGES IN GOODS AND OR SERVICES:

SMCPS, without invalidating the Contract, may order changes in the goods and/or Services within the general scope of the Contract, consisting of additions, deletions and/or other revisions, and the Contract sum, and term shall be adjusted accordingly. Any cost or credit to SMCPS from a change in Services shall be determined by mutual written agreement between SMCPS and the Contractor. The Contractor shall provide all the goods and services that may be required to complete the Contract at the price agreed upon. Any alterations of variables to the terms of the Contract shall not be valid or binding upon SMCPS unless made in writing and signed by SMCPS and the Contractor.

F. ST. MARY’s COUNTY PUBLIC SCHOOLS RESERVATION OF RIGHTS:

SMCPS reserves the right to cancel this solicitation. SMCPS reserves the right to accept or reject any or all Proposals. SMCPS reserves the right to waive any irregularity or informality in the proposal process.

SMCPS reserves the right to request additional information from any or all Contractors. SMCPS reserves the right to negotiate with Contractors whose proposals meet or exceed the requirements of this ITB.

SMCPS reserves the right to reject all Proposals based upon the specific support for this project provided by other governmental agencies. If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, the contract shall terminate automatically at the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

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G. FINALITY OF DECISION

Any decision made by SMCPS, including the selection of a Contractor, shall be final.

H. SUBLETTING OR ASSIGNMENT OF CONTRACT:

It is mutually understood and agreed that the Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of his or her contractual duties to any other person, firm or corporation, without written consent from the Procurement Coordinator. If the Contractor desires to assign his or her right to payment of the contract, the Contractor shall notify the Procurement Coordinator immediately, in writing, of the assignment of right of payment. In no case shall such assignment of contract release the Contractor from his or her obligations or change the terms of the contract.

I. CONTRACTOR(S) MODIFICATIONS

Should the awarded Contractor(s)’s business name change, or should the awarded Contractor’s business be sold, transferred to or assumed by a second party, written notification of the change shall be provided to SMCPS, by the Awarded Contractor, no later than 30-days from the date of change.

Failure to provide notification of the aforementioned change(s), within 30-days of the change, may be grounds for contract cancellation without further cause.

J. CONTRACTORS CAPACITY

The Contractor shall have the capacity to perform multiple Work Orders at any given time. The

Contractor shall provide documentation to verify the Contractor’s capacity within the Contractors

Qualifications Statement per Attachment 1. Contractor should have the ability to mobilize equipment and manpower necessary to administer snow removal services to an entire area at one time.

K. DAMAGE TO PROPERTY BY THE CONTRACTOR AND ITS INVITEES:

To the fullest extent permitted by law, the Contractor shall be solely responsible for any loss or damage to property of the Contractor or its invitees, employees, officials, authorized volunteers, agents and representatives while such property is on, at or adjacent to the premises of SMCPS. Any damage to SMCPS facilities caused by the Contractor, its agents or employees shall be repaired to its original condition at the Contractor’s expense. All repairs shall be performed at no cost to SMCPS. The successful Contractor shall not commence operations under the contract until they have obtained all insurance requirements as stated in Section VII of this document, and certificates are provided to

SMCPS.

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L. SAFETY AND HEALTH REQUIREMENTS

The Contractor shall comply with all Federal, State, County, City and local regulations pertaining to employee health and/or safety (i.e. MOSH, OSHA, DOT, etc.). If a safety concern of imminent danger is noted SMCPS shall reserve the right to stop all work immediately until the safety concern is adequately addressed. All of the Contractor’s personnel shall wear and/or use appropriate Personal

Protective Equipment (PPE) in performance of the Services. Any questions or injuries shall be brought to the attention of SMCPS.

M. FORCE MAJEURE

The Vendor shall not be liable for any excess costs of failure to perform if the failure to perform this

ITB/Contract arises from causes beyond the control and without the fault of negligence of the Vendor.

Excusable causes include, but are not limited to, acts of God or of the public enemy and acts of the federal or state government in either their sovereign or contractual capacities.

N. ASSIGNMENT

The ITB/Contract shall not be assigned, sublet or transferred, in whole or in part, by operations of law or otherwise, by either of the parties hereto except with the prior written consent of the other. Unless specifically stated, no written consent to an assignment shall operate to release or discharge the assignor from any duty or responsibility under the ITB/Contract.

O. BID PROTEST PROCEDURES

A Vendor may protest an award. The protest shall be filed with the Purchasing Office by submitting a protest in writing to Patrick McCall, Procurement Coordinator, by mail at 23160 Moakley Street, Suite

107, Leonardtown, Maryland 20650. The protest must be received by the close of business on the seventh (7 th

) business day after the award. Protests shall include the ITB number, the basis of the protest, the relief sought and whether the protester wishes to have a conference with respect to the protest.

P. INDEMNIFICATION

To the fullest extent permitted by law, Vendor agrees to defend, indemnify, pay on behalf of, and save harmless the Board of Education of St. Mary’s County, its elected and appointed officials, agents, employees, and authorized volunteers against any and all claims, losses, damages, expenses, including attorneys’ fees and all other costs connected therewith, cause of action or liability arising out of or connected to the supply, delivery or installation of any products or materials by Vendor under this

Contract, provided that any such claim, loss, damage, expense, cause of action or liability is caused in whole or in part by any negligent act or omission of the Vendor or any of the Vendor’s employees, agents, officials or volunteers or anyone for whose acts the Vendor may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. This obligation to indemnify, defend and

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hold Board of Education of St. Mary’s County, its elected and appointed officials, agents, employees, and authorized volunteers harmless shall survive the termination of this Agreement.

Q. COMPLIANCE WITH LAWS

The Vendor hereby represents and warrants that:

a. It is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

b. 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;

c. It shall comply with all federal, state and local laws, regulations and ordinances applicable to its activities and obligations under this contract; and

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

R. MARYLAND SEX OFFENDER LAW

Maryland Law requires certain child sex offenders to register with the State and with the local law enforcement agency in the county in which they will reside, work and/or attend school. Section 11-

722(c) of the Criminal Procedure Article of the Annotated Code of Maryland states that “[a] person who enters into a contract with a county board of education or a nonpublic school may not knowingly employ an individual to work at a school if the individual is a registrant.” Section 11-722(d) provides that “a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding five years or a fine not exceeding $5,000 or both.” If a registered sex offender, as determined by the definition contained in the Criminal Procedures Article of the Annotated Code of

Maryland, is employed by the Vendor, then the Vendor is prohibited from assigning that employee to perform management, delivery, installation, repair, construction, or any type of services on any Board property. Violation of this provision may result in Termination for Cause.

It shall be the responsibility of all Vendors submitting a bid or offer to SMCPS to comply with this provision. If a Vendor is found to have violated this provision subsequent to an award by SMCPS, the

Contract may be immediately terminated at SMCPS’ sole option, and that Vendor may be liable to

SMCPS for all re-procurement cost and may be debarred from bidding future SMCPS requirements.

S. CHILD SEXUAL ABUSE/SEXUAL MISCONDUCT EMPLOYMENT HISTORY REVIEW

If the Contractor’s employees will have “direct contact with minors” while providing the services called for under this Contract, Contractor acknowledges that it is a “contracting agency” for purposes of, and hereby certifies that it will fully comply with Section 6-113.2 of the Education Article of the Maryland

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Annotated Code (SB 541/HB 486-2019 Legislative Session), including, but not limited to the following requirements:

• Contractor shall conduct the required child sexual abuse/sexual misconduct employment history review, either at the time any employee is initially hired by the Contractor, or before they are assigned to work at SMCPS.

• Contractor shall maintain a record of the employment history review for any employee who is assigned to work at SMCPS.

• Contractor shall provide access to the record of the employment history review for any employee who is assigned to work at SMCPS upon request by SMCPS.

• If the Contractor receives any affirmative child sexual abuse/sexual misconduct-related responses from any employee’s current or former employers, the Contractor shall obtain SMCPS’ approval before assigning the employee to work at SMCPS; and

• Contractor may not assign any employee to work at SMCPS if SMCPS objects after receiving the foregoing notice.

As defined in Section 6-113.2 of the Education Article, “direct contact with minors” means the possibility of care, supervision, guidance or control of a minor or routine interaction with a minor.

T. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS

SMCPS is in compliance with Executive Order 11246 entitled “Equal Employment Opportunity”, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41CFR part 60). The successful Vendor must also be in compliance with the Order as amended and supplemented.

SMCPS does not discriminate on the basis of race, color, religion, national origin, sex, age or disability in its programs, activities or employment practices. All Vendors shall affirm that they do not discriminate with regard to individual political affiliation, religious beliefs, race, creed, national origin, sex, age or handicap in employment practices by so stating in the response to the bid.

U. eMARYLAND MARKETPLACE ADVANTAGE (eMMA)

Maryland State Law requires SMCPS 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 and noncompetitive negotiations, and to procurements whose value equals or exceeds that for State contracts that must be published on eMMA. Vendors are encouraged to register as a Vendor with eMMA at www.procurement.maryland.gov. The awarded Vendors must be registered with eMMA following notice of award. If you require assistance, contact the help desk at eMMA.helpdesk@maryland.gov.

V. MINORITY BUSINESS ENTERPRISES

Minority Business Enterprises (MBE) are encouraged to respond to this solicitation notice. Vendors who provide material, supplies, equipment and/or services under this Contract are encouraged to subcontract with Minority Business Enterprises.

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W. PREPARATION AND SUBMISSION OF BIDS

Responsive bids shall be made in the formats set forth in this bid document and on the Contractor’s

Statement of Experience (Attachment 1) Bid Submission Signature Form (Attachment 2), Business

Relationship Affidavit (Attachment 3a and 3b), Specifications, Pricing and Delivery Information Sheet

(Attachment 4), References (Attachment 5), and Addenda, with all required supplementary documentation. Spaces left blank on Attachment 4 shall be deemed by SMCPS, in its sole discretion, to be not applicable or "no bid". All bids must be submitted electronically using the eMaryland

Marketplace Advantage website. Bids shall not be withdrawn or altered for a period of ninety (90) days after the bid opening date.

X. ADDENDA TO THE ITB

If it becomes necessary to revise any part of the ITB, addenda will be issued. All bidders shall be responsible for acquiring addenda by contacting the SMCPS Purchasing Office or by downloading the addendum from procurement.maryland.gov. All addenda shall become a part of the Contract. Each bidder must acknowledge receipt of addenda. Acknowledgement shall consist of returning a signed copy of all addenda cover sheets as part of the bid submission by the stated date and time. All addenda responses must be received by the bid opening date.

Y. BASIS OF PRICING

The Specifications, Pricing and Delivery Information Sheet (Attachment 3) outlines the specifications of services required. Please fill in the related prices.

The prices must include any and all costs necessary to implement terms and conditions of the contract.

No Vendor will be allowed to offer more than one price for each item or service even though the Vendor may feel that they have two or more choices that meet specifications. Vendors must determine for themselves which to offer. If the Vendor should submit more than one price on any item or service, all prices for that item or service will be rejected. Prices quoted shall not include Federal Excise or State

Sales and Use Taxes, or any other taxes from which SMCPS is exempt. Exemption certificates will be furnished upon request.

Z. CANCELLATION OR REJECTION OF BIDS, AND WAIVER OF NONCONFORMITIES

SMCPS reserves the right, in the exercise of its sole discretion, to cancel this bid or reject all bids. SMCPS will notify all interested Vendors in writing in the event of such cancellation or rejection. SMCPS also reserves the right to waive any minor irregularity or nonconformity of any bid response to this ITB.

AA. MODIFICATIONS/WITHDRAWAL OF BIDS

A Vendor 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 Vendor.

https://emaryland.buyspeed.com/bso/

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BB. DISCRETION IN DETERMINING DEVIATIONS AND COMPLIANCE

The Procurement Coordinator shall determine whether Vendors have met the mandatory requirements of this bid. The Procurement Coordinator has the sole authority to determine whether any deviation from the requirements of this bid is material in nature, and the Procurement Coordinator may reject non-conforming bids. In addition, the Procurement Coordinator may reject in whole or in part any and all bids and waive minor irregularities and may negotiate with all responsible Vendors in any manner deemed necessary to serve the best interests of the SMCPS.

CC. MATERIALS SUBMITTED IN RESPONSE TO THIS BID

Any/all materials submitted in response to this ITB become the property of SMCPS. Any information considered to be proprietary or confidential should be so marked.

DD. EXCEPTION

It shall be the responsibility of the Vendor to include with their bid a list and clarification of any deviations or qualifications from conditions and specifications. The list must be attached to the Bid

Submission Signature Form (Attachment 1).

EE. NO BID

If the Vendor elects to “No Bid” this ITB, a no bid should be filed with the SMCPS Purchasing Office (see form provided, Attachment 6).

FF. EVALUATION OF BIDS

Bids will be evaluated based on a complete response, which shall include acknowledgement of all

Addenda (if any issued); and all required attachments:

• Bid Submission Form (Attachment 1);

• Business Relationship Affidavit, and Certification of Compliance with Maryland Sex Offender

Law including Contractors Response Form (Attachment 2A and 2B);

• Specifications, Pricing and Delivery Information Sheet (Attachment 3);

• Professional References (Attachment 4); and

• Minority Business Enterprise Utilization Affidavit (Attachment 5)

GG. AWARD OR REJECTION OF BIDS

Award will be made to the lowest responsive and responsible bidder complying with all terms and conditions contained herein. SMCPS reserves the right to award the requirements of this bid in total or in part as is determines to be in the best interest of SMCPS. SMCPS reserves the right to make multiple awards.

SMCPS reserves the right to reject the bid of a Vendor who has, in the opinion of SMCPS, previously failed to perform properly on contracts of a similar nature, or the bid of a Vendor whom investigation shows is not in a position to fulfill the awarded contract.

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HH. TIE BIDS

In the event of tie bids, where all other factors such as past performance on purchases/Contracts or

Vendor service and delivery record are considered comparable, the award(s) shall be made to one of the tie bidders in the following order of preference: the St. Mary’s County based Minority and/or Small

Business Vendor, the St. Mary’s County based Vendor, the out-of-county but Maryland based Minority and/or Small Business Vendor, the out of county but Maryland based business, the out-of-state based

Minority and/or Small Business Vendor and the out-of-state based Vendor in that order of preference.

In the event a tie bid still exists, the Procurement Coordinator or their designee shall conduct a coin toss for selection of the potential Award Bidder(s) or see a geographical, proportional or divided award of

Contract whichever is in the best interest of the school system.

II. RIDER CLAUSE

Vendor is advised that in the awarded contract may be extended, with the authorization of the Vendor, to all State, county, local agencies, colleges and school districts in the State of Maryland. The Vendor must deal directly with each jurisdiction concerning, issuance of purchase orders, contractual disputes, invoicing and payment. SMCPS 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 response.

JJ. ERRORS IN BIDS/INTERPRETATION

Vendors or their authorized representatives are expected to fully inform themselves as to the conditions and requirements of the specifications before submitting bids. Failure to do so will be at the vendor’s own risk. Should any Vendor be in doubt as to the meaning of the specifications, or should he/she find any discrepancy or omission, he/she shall notify the Procurement Coordinator. All bidders will then be notified, in writing, of clarification or additional information by means of addenda. If the bidder has made an error, the bidder may request in writing, to have his/her bid withdrawn. Approval of a bidder's request is not automatic and may be given only by the Procurement Coordinator and/or the Board.

Requests for withdrawal can be denied, unless the bidder proves to the satisfaction of the Procurement

Coordinator and/or the Board that the mistake was either a scrivener's error or another type of clearly unintentional error so departing from customary and reasonable business practices as to be obvious and to legitimately and substantially impair the vendor's business. Neither law nor regulations make allowance for errors either of omission or commission on the part of the Vendor. In case of error in multiplication of unit price when arriving at total price per line item, the unit price shall govern. If there is a discrepancy between the price written in numbers and the price written in words, the words will govern.

V. Insurance Requirements

1 – GENERAL INSURANCE REQUIREMENTS

1.1 - The Contractor shall not commence any supply, delivery or installation of any products or materials purchased by the Board of St. Mary’s County Public Schools (the Board) under this Contract until the

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Contractor has obtained at the Contractor's own expense all of the insurance as required hereunder and such insurance has been approved by the Board; nor shall the 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 Contractor. Approval of insurance required of the Contractor will be granted only after submission to the Board of original certificates of insurance signed by authorized representatives of the insurers or, at the Board’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 years after final payment by the Board under this Contract. Original certificates signed by authorized representatives of the insurers or, at SMCPS’ request, certified copies of insurance policies, evidencing that the required insurance is in effect, shall be maintained with the SMCPS

Purchasing Office throughout the term of the Contract and for two years after final payment by the Board under this Contract.

1.3 - The Contractor shall require all Subcontractors to maintain during the term of the Contract commercial general liability insurance, business auto liability insurance, workers’ compensation and employers’ liability insurance to the same extent required of the Contractor in 2.1.1, 2.1.2 and 2.1.3 unless any such requirement is expressly waived or amended by the Board in writing. If any Subcontractor is storing, transporting, and/or delivering the products or materials purchased by the Board under this

Contract, the Contractor shall require such Subcontractor(s) to maintain during the term of the Contract transportation (cargo) insurance and employee dishonesty insurance to the same extent required of the

Contractor in 3.1 and 3.2. The Contractor shall furnish Subcontractors' certificates of insurance to the

SMCPS Purchasing Office 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 the Board.

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

1.6 - If the Contractor does not meet the insurance requirements of this Contract, the Contractor shall forward a written request to the SMCPS Purchasing Office 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 the Board denies the request, the 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 the Board. 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 the Board grants specific approval for an exception.

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

1.9 - Any and all return premiums and/or dividends for insurance or coverage directly charged to the

Board by the Contractor in connection with this Contract shall belong to and be payable to the Board.

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

2 – CONTRACTOR’S LIABILITY INSURANCE

2.1 - The Contractor shall purchase and maintain the following insurance coverages at not less than the limits specified below or required by law, whichever is greater:

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 all of 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 years after final payment by SMCPS under this Contract; and

iv. Contractual liability including protection for the 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 of 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 - If the Contractor has any employees, 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:

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$ 500,000 each accident for bodily injury by accident;

$ 500,000 each employee for bodily injury by disease; and

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

2.1.4 - If the Contractor is an individual or sole proprietor operating without workers’ compensation coverage, personal health insurance or its equivalent.

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

$ 1,000,000 per occurrence;

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

$ 1,000,000 products/completed operations aggregate and including all of the following coverages on the applicable schedule of underlying insurance:

i. Commercial general liability;

ii. Business auto liability; and

iii. Employer’s liability.

2.1.6 - The Board of Education of St. Mary’s County and its elected and appointed officials, officers, employees and authorized volunteers shall be named as additional insureds on the Contractor's commercial general liability insurance and umbrella excess or excess liability insurance policies with respect to liability caused, in whole or in part, by the Contractor’s acts or omissions or the acts or omissions of those acting on the Contractor’s behalf. The following wording must be incorporated into the Contractor’s insurance policy certificate:

“The Board of Education of St. Mary’s County and its elected and appointed officials, officers, employees and authorized volunteers are named as additional insureds with respect to liability arising out of the supply, delivery or installation of any products or materials or other services provided by the Named

Insured under Contract ITB #SMCPS-2026-SS-PA.”

2.1.7 - Insurance or self-insurance provided to the Board and its elected and appointed officials, officers, employees and authorized volunteers under any Contractor's liability insurance or self-insurance required herein, including, but not limited to, umbrella and excess liability or excess liability policies, shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of insurance or self-insurance. (Any cross suits or cross liability exclusion shall be deleted from Contractor's liability insurance policies required herein.)

2.1.8 - Insurance or self-insurance provided to the Board and its elected and appointed officials, officers, employees and authorized volunteers as specified herein shall be primary, and any other insurance, self-insurance, coverage or indemnity available to the Board and its elected and appointed officials, officers, October 2026 St. Mary’s County Public Schools Page 17

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employees and authorized volunteers shall be excess of and non-contributory with insurance or self-insurance provided to the Board and its elected and appointed officials, officers, employees and authorized volunteers as specified herein.

2.2 - If any liability insurance purchased by the Contractor has been issued on a "claims made" basis, the

Contractor must comply with the following additional conditions:

i. The Contractor shall agree to provide certificates of insurance evidencing the above coverages for a period of two years after final payment by SMCPS under this Contract. Such certificates shall evidence a retroactive date no later than the inception date of this Contract; or

ii. The Contractor shall purchase an extended (minimum two years) reporting period endorsement for each such "claims made" policy in force as of the expiration or termination date of this

Contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself. Such certificate or copy of the endorsement shall evidence a retroactive date no later than the inception date of this Contract.

2A – TECHNOLOGY ERRORS & OMISSIONS (PROFESSIONAL) LIABILITY

If Vendor is providing a technology service or product to the Member Board (e.g. Software and/or

Hardware Vendors, Cloud/Saas/Application Service Providers, Information Technology Security Vendors, Data Storage Providers). Other possible technology services include but are not limited to: (1) systems analysis (2) systems programming (3) data processing (4) systems integration (5) outsourcing including outsourcing development and design (6) systems design, consulting, development and modification (7) training services relating to computer software or hardware (8) management, repair and maintenance of computer products, networks and systems (9) marketing, selling, servicing, distributing, installing and maintaining computer hardware or software (10) data entry, modification, verification, maintenance, storage, retrieval or preparation of data output.

2.1.6 - COMBINED Technology Errors & Omissions (Professional) Liability insurance and Cyber (Network

Security and Privacy Liability) Insurance or its equivalent, including coverage for liability arising from errors, omissions, or negligent acts in rendering or failing to render computer or information technology services and technology products. Coverage for violation of software copyright shall be included.

Such coverage shall be written with minimum limits of:

$ 3,000,000 per claim; and

$ 3,000,000 annual aggregate.

And minimum sub-limits of:

$ 1,000,000 for breach response costs;

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$ 500,000 for cyber extortion (ransomware attack); and

$ 1,000,000 for media liability.

While no sublimit is preferred for breach response costs, a sublimit of $1,000,000 is the minimum required.

The policy shall provide coverage for breach response costs, privacy liability losses, regulatory fines and penalties as well as credit monitoring expenses.

While no sublimit is preferred for cyber extortion (ransomware attack), a sublimit of $500,000 is the minimum required.

It is desired that no exclusion or restriction for unencrypted portable devices/media be on the policy.

Special Note: This coverage should be written on a combined basis with Cyber (Network Security and

Privacy Liability) insurance as indicated above. However, it is sometimes written separately and this approach would be acceptable.

2B – CYBER (NETWORK SECURITY AND PRIVACY LIABILITY) INSURANCE

If the Vendor or their subcontractors, partners or affiliates will be directly connected to any of your networks, but not providing a technology service or product.

2.1.6 - Cyber (Network Security and Privacy Liability) insurance or its equivalent, including coverage for liability arising from:

i. Privacy breaches [liability arising from the loss or disclosure of confidential information no matter how it occurs);

ii. System breach;

iii. Denial or loss of service;

iv. Introduction, implantation, or spread of malicious software code; and

v. Unauthorized access to or use of computer systems.

$ 3,000,000 annual aggregate

And minimum sublimits of:

$ 1,000,000 for breach response costs;

$ 500,000 for cyber extortion (ransomware attack); and

$ 1,000,000 for media liability.

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While no sublimit is preferred for breach response costs, a sublimit of $1,000,000 is the minimum required.

The policy shall provide coverage for breach response costs, privacy liability losses, regulatory fines and penalties as well as credit monitoring expenses.

While no sublimit is preferred for cyber extortion (ransomware attack), a sublimit of $500,000 is the minimum required.

It is desired that no exclusion or restriction for unencrypted portable devices/media be on the policy.

Other suggested coverages include Payment Card Industry Fines and Assessments, Business Interruption, Data Recovery Loss and Cyber-Related Bodily Injury and Property Damage Liability.

Special Note: This coverage may be written on a combined basis with Technology Errors & Omissions

(Professional) Liability insurance.

2C – INTERNET MEDIA LIABILITY INSURANCE

If Vendor is providing content such as website design, social media, marketing, advertising, graphics, text, etc.

2.1.7 - Internet Media (or Multi-Media including Internet) Liability insurance or its equivalent, including coverage for liability arising from alleged intellectual property infringement, privacy infringement, violations of software copyright, advertising and content offenses and defamation.

$ 3,000,000 annual aggregate.

Special Note: This coverage may be written on a combined basis with Cyber (Network Security and Privacy

Liability) insurance or Technology Errors & Omissions (Professional) Liability insurance. However, the minimum media liability limit requirements of $3,000,000 per claim, $3,000,000 annual aggregate must still be met.

3 – CONTRACTOR’S PROPERTY INSURANCE

Note: The following is not required if ownership of the property transfers to SMCPS when products or materials are delivered to the Board or are otherwise placed in the Board’s care, custody or control.

3.1 - The Contractor (or Subcontractor) storing, transporting and/or delivering the products or materials purchased by the Board under this Contract shall purchase and maintain transportation (cargo) insurance on incoming goods in its care, custody or control, while such property is being loaded, is in transit, is being

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unloaded and until such time property is set at its final destination. Such insurance shall value incoming goods in transit at the amount of the selling invoice plus prepaid or advanced freight charges. Property not under invoice shall be valued at the cost to repair or replace the lost or damaged incoming goods. Such insurance shall be written at per conveyance and per occurrence limits equal to or in excess of the total selling price value of the largest shipment of incoming goods purchased under this Contract or at other limits acceptable to the Board.

3.2 - The Contractor (or Subcontractor) storing, transporting and/or delivering the products or materials purchased by the Board under this Contract shall purchase and maintain blanket employee dishonesty insurance, which shall pay for loss of the products or materials purchased by the Board under this Contract when caused by the dishonest acts of the Contractor’s (or Subcontractor's) employees, at a limit equal to or in excess of the total selling price value of the largest shipment of incoming goods purchased under this

Contract or at another limit acceptable to the Board.

3.3 - The Contractor (or Subcontractor) storing, transporting and/or delivering the products or materials purchased by the Board under this Contract shall be responsible for payment of any deductibles applicable under this transportation insurance, employee dishonesty insurance or other property insurance applicable to the incoming goods.

4 - WAIVER OF SUBROGATION

To the fullest extent permitted by law, the Contractor and its invitees, employees, officials, volunteers, agents and representatives waive any right of recovery against the Board of Education of St. Mary’s County and its elected and appointed officials, officers, volunteers, agents and employees for any and all claims, liability, loss, damage, costs or expense (including attorneys’ fees) arising out of the supply, delivery or

Installation of any products or materials provided by Contractor under this Contract. The Contractor shall advise its insurers of the foregoing.

5 - ACKNOWLEDGMENT OF CONTRACTOR’S INDEPENDENT CONTRACTOR STATUS AND NO COVERAGE FOR

CONTRACTOR UNDER BOARD’S WORKERS’ COMPENSATION COVERAGE

Contractor hereby acknowledges its status as an independent contractor while performing services on behalf on the Board and that the Board’s workers compensation coverage or self-insurance is not intended to and will not respond to cover any medical or indemnity loss arising out of injury to the Vendor or its employees during the Vendor’s performance of services for the Board. To the fullest extent permitted by law, the Vendor specifically waives any right of recovery against the Board and its elected and appointed officials, officers, volunteers, Vendors, agents, and employees for personal injury (and any resulting loss of income) suffered during the performance of services as an independent contractor for the Board. Such a waiver shall apply regardless of the cause of origin of the injury, loss, or damage, including the negligence of the Board and its elected and appointed officials, officers, volunteers, Vendors, agents and employees.

The Vendor shall advise its insurers of the foregoing.

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6 - DAMAGE TO PROPERTY OF THE CONTRACTOR AND ITS INVITEES

To the fullest extent…