RFP # 1178409_Comprehensive Engineering and Incidental Architectural Services.pdf

RFP# 1178409

Revised 07/2022 1

LSBRP REQUEST FOR PROPOSALS

RFP# 1178409

Comprehensive Engineering and Incidental Architectural Services for Various County Small Projects and Facilities: Planning, Design, Permitting, Bidding and Construction Administration Services September 30, 2025

Montgomery County, Maryland is soliciting proposals for the provision of the above-referenced goods, services, or construction, as outlined in this document.

Vendor must electronically submit their proposal no later than 3:00PM on October 31 through www.bidnetdirect.com/maryland/montgomerycounty. Vendors must register with BidNet Direct in order to view and respond to this solicitation. Visit www.bidnetdirect.com and click on the link to register at no charge. Follow the registration path and select the "Limited Access" option which will provide you with an automatic e-mail notification at no charge. If you need help registering, please call BidNet Direct’s Support Department at 800-835- 4603, Option 2. It is the offeror’s responsibility to follow all steps in BidNet to completion in order to ensure submission of the proposal. The County will not accept proposals submitted after the due date and time.

There will be an optional pre-submission conference on October 9, 2025 at 11:00AM held remotely via Microsoft Teams:

Click here to join the meeting +1 443-692-5768, 231374454# United States, Baltimore

Phone Conference ID: 231 374 454#

The County will not accept proposals it receives by fax, email, mail, or personal delivery. All faxed, emailed, mailed, or personally delivered proposals will be returned to the vendor.

Should you have any questions regarding the technical information or the scope of services contained in this solicitation, contact Hargurpreet Singh, Deputy Chief at Hargurpreet.singh@montgomerycountymd.gov.

Should you have any questions regarding procurement information (i.e., terms and conditions) contained in this solicitation, contact Erik Haugen at erik.haugen@montgomerycountymd.gov.

This is a Services Contract (see Section A, Services Contract):

Non-Professional Services x Professional Services

X or This is a Construction Contract

(http://www.montgomerycountymd.gov/PrevailingWage):

or This is not a Services Contract (disregard Section A, Services Contract) and is not a

Construction Contract:

http://www.bidnetdirect.com/maryland/montgomerycounty http://www.bidnetdirect.com/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjgxMGJhNDctNTMyOC00M2RhLTkwODQtMjA0NzdlMjU3OTNm%40thread.v2/0?context=%7b%22Tid%22%3a%226e01b1f9-b1e5-4073-ac97-778069a0ad64%22%2c%22Oid%22%3a%22fdd36b93-51d2-46c8-84b0-ea92a6ab4a26%22%7d mailto:Hargurpreet.singh@montgomerycountymd.gov mailto:erik.haugen@montgomerycountymd.gov http://www.montgomerycountymd.gov/PrevailingWage

RFP #1178409

Revised 07/2022 1

Local Small Business Reserve Program (LSBRP) Notice

REQUEST FOR PROPOSALS #1178409

Comprehensive Engineering and Incidental Architectural Services for Various County Small Projects and Facilities: Planning, Design, Permitting, Bidding and Construction Administration Services

This solicitation is reserved for only application submitted/certified local small businesses timely registered with the County’s LSBRP.

This solicitation thus comes under County Code, sections 11B-17A; 11B-65; 11B-70 and Executive Regulation 21-05AM. These documents can be accessed through the LSBRP web site at (www.montgomerycountymd.gov/LSBRP).

LSBRP criteria are based on a firm’s location, ownership status, number of employees and annual revenue amount. Submitting a bid/proposal constitutes willfully stating your firm is an application submitted/certified Local Small Business. Therefore, if you wish to submit a bid/proposal for this solicitation adhering to the LSBRP, you must:

1. Submit an application as a LSBRP firm prior to the bid’s/proposals due date. If your LSBRP status is not application submitted/certified in our database prior to the bids/proposal’s due date and time, then your bid will be deemed non-responsive and rejected or your proposal will be deemed unacceptable and removed from consideration. Go to the LSBRP web site (www.

montgomerycountymd.gov/LSBRP) and follow the instructions under “Register.”

2. After the IFB opens or the RFP closes and upon notification by the County, you must provide within three (3) business days the LSBRP documentation of:

• all of its business location(s) (if more than one),

• number of employees by location

• annual gross revenue of the business for the past three fiscal years.

(The preferred documents are a copy of a lease, Maryland Unemployment Insurance Contribution Report (summary or quarterly), and Financial Statement/Tax Returns. At the discretion of the LSBRP, an alternative type of documents might be accepted.)

If, after receipt of these documents, the LSBRP finds that your firm does not meet the LSBRP requirements, then your bid will be deemed non-responsive and rejected or your proposal will be deemed unacceptable and removed from further consideration. For questions, contact the LSBRP (240-777-9913).

This RFP is also subject to the Veteran Business Preference Program (VBPP). Certified Veteran Owned Businesses may receive an additional 5% in evaluation points. In order to qualify, submit an application for the VBPP program by logging into your vendor profile on the Central Vendor Registration System (CVRS) and uploading the required documentation prior to the bid’s/proposals due date. If your VBPP application is not submitted/certified in the CVRS prior to the bid/proposal’s due date, you will not receive the additional evaluation points.

Revised 07/2022 2

Notice to Offerors

Request for Proposals #1178409 for

Comprehensive Engineering and Incidental Architectural Services for Various County Small Projects and Facilities: Planning, Design, Permitting, Bidding and Construction Administration Services

This solicitation may be subject to the County’s Wage Requirements Law (WRL), which applies to service contracts.

• If this solicitation is subject to the WRL, then the appropriate space will be marked in the box denoting “This is a Services Contract”, at the bottom of the RFP cover page

• In this event, the “Wage Requirements for Services Contract Addendum” will apply to the resultant contract (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf)

1) In order to be compliant with the Wage Requirements Law an Offeror must submit with its proposal the following:

(a) Completed Wage Requirements Certification form (This form is contained in the PMMD-177

Web-link above).

(b) If applicable, 501(c)(3) Nonprofit Organization’s Employee’s Wage and Health Insurance form

(This form is contained in the PMMD-177 Web-link above).

Offeror’s failure to complete and submit the required material information on the Wage Requirements form(s) may result in offeror’s proposal being unacceptable and rejected.

NOTE: You can find the current mandatory payroll reporting requirements, and the wage rate per hour that a County contractor must pay to its employees, under Section 11B-33A of the County Code, at (www.montgomerycountymd.gov/WRL). The WRL is available at the same website.

If there is a need for sign-language interpretation and/or other special accommodations, it is requested that at least five (5) days advanced notice be provided to the County’s Office of Procurement contact on page 1.

http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf http://www.montgomerycountymd.gov/WRL

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TABLE OF CONTENTS

1. ACKNOWLEDGMENT 5

2. NAME AND SIGNATURE REQUIREMENTS FOR PROPOSALS AND CONTRACTS 5

3. ACKNOWLEDGMENT OF SOLICITATION AMENDMENTS 5

4. SECTION A - INSTRUCTIONS, CONDITIONS AND NOTICES 6

5. SECTION B - SCOPE OF SERVICES: 13

6. SECTION C - PERFORMANCE PERIOD 15

7 SECTION D - METHOD OF AWARD/EVALUATION CRITERIA 17

8 SECTION E - SUBMISSIONS 25

9 SECTION F - COMPENSATION 27

10 SECTION G - CONTRACT ADMINISTRATOR 27

11 SECTION H - SPECIAL TERMS AND CONDITIONS 27

12 SECTION I - ETHICS 27

13 SECTION J - GENERAL CONDITIONS OF CONTRACT BETWEEN COUNTY & CONTRACTOR 28

Attachments

A. References A1 B. Cost and Price Requirements B1 C. Mandatory Insurance Requirements C1 D. Key Personnel Information Form D1 E. Project Description Form (one for electrical, one for mechanical HVAC) E1 F. County Project Description Form F1 G. PSCC Mechanical and Electrical Drawings G1

PART II – CONTRACT DOCUMENTS

CONTRACT

Exhibits

A. General Conditions of Contract Between County and Contractor B. Supplemental General Conditions of Contract C. Mandatory Insurance Requirements D. Additional Services E. Hourly Rates F. Montgomery County Manual for Planning, Design, and Construction of Sustainable Buildings, version 2010.07 (electronic format) G. General Conditions of Construction Contract H. Sample Task Order

Web-links for Documents and Forms

1. Central Vendor Registration System (https://azex32.montgomerycountymd.gov/cvrs)

2. Frequently Asked Questions, Procurement (https://www.montgomerycountymd.gov/pro/help.html)

3. MD-SDAT (https://dat.maryland.gov/Pages/default.aspx) and (http://dat.maryland.gov/businesses/Pages/Frequently-

Asked-Forfeiture-Questions.aspx).

4. Mid-Atlantic Purchasing Team Rider Clause (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-

147B.pdf)

5. Minority Business Program & Offeror’s Representation and Sample MFD Report of Payments Received

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-90.pdf) (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-97.pdf)

6. Minority, Female, Disabled Person Participation Evaluation Points: Requirements and Examples (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/MFDCriteria.pdf) https://azex32.montgomerycountymd.gov/cvrs https://www.montgomerycountymd.gov/pro/help.html http://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx http://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-147B.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-147B.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-90.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-97.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/MFDCriteria.pdf

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7. Minority, Female, Disabled Person Program Information (www.montgomerycountymd.gov/MFD)

8. Minority, Female, Disabled Person Subcontractor Performance Plan

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf)

9. Minority-Owned Business Addendum to General Conditions of Contract Between County and Contractor

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-91.pdf)

10. Offeror’s Certification of Cost & Price for Contracts Above $100,000

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf)

11. Prevailing Wage Requirements for Construction Contract Addendum

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-185.pdf)

12. Prevailing Wage Requirements Information (www.montgomerycountymd.gov/PrevailingWage)

13. Solicitation Postings and Amendments (http://www.montgomerycountymd.gov/pro/solicitations)

14. Wage Requirement Law Payroll Reporting (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-

183.pdf)

15. Wage Requirements Certification Form and 501(c)(3) Nonprofit Organization’s Employee’s Wage and Health

Insurance Form (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf)

16. Wage Requirements for Services Contracts Addendum

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf)

17. Wage Requirements Law Information (www.montgomerycountymd.gov/PRO/DBRC/WRL.html)

18. Wage Requirements Law, Independent Contractor Certification

(https://www.montgomerycountymd.gov/PRO/Resources/Files/PMMD-193.pdf)

19. Local Business Subcontracting Performance Plan

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-192.pdf)

20. Prevailing Wage Local Hiring Report

(http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-195.pdf)

21. Prevailing Wage Law Local Hiring Attestation

(http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-196.pdf) http://www.montgomerycountymd.gov/MFD http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-91.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-185.pdf http://www.montgomerycountymd.gov/PrevailingWage http://www.montgomerycountymd.gov/pro/solicitations http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-183.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-183.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf http://www.montgomerycountymd.gov/WRL https://www.montgomerycountymd.gov/PRO/Resources/Files/PMMD-193.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-192.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-195.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-196.pdf

Revised 07/2022 5

Montgomery County, Maryland Acknowledgment Page

1. ACKNOWLEDGMENT

The offeror must include a signed acknowledgment that all the provisions, terms and conditions of this solicitation are agreeable to the offeror and may, at the County's option, be made applicable in any contract issued as a result of this solicitation. Offers that do not include such an acknowledgment may be rejected. Executing and returning (with the offer) the acknowledgment shown below will satisfy this requirement.

The undersigned agrees that all the provisions, terms and conditions of this solicitation may, at the County's option, be made applicable in any contract issued as a result of this solicitation.

Business Firm's Legal Name (printed):

Printed Name, Title and E-Mail of Person Authorized to Sign Proposal:

Signature: Date:

2. NAME AND SIGNATURE REQUIREMENTS FOR PROPOSALS AND CONTRACTS

The correct and full legal business name of the offeror must be used in proposals received and on all contracts issued as a result of this solicitation. A trade name (i.e., a shortened or different name under which the firm does business) must not be used when the legal name is different. Corporations must have names that comply with State law, which requires a suffix indicating the corporate status of the business (e.g. Inc., Incorporated, etc.). Trade names may be indicated by individuals or corporations with the individual or corporate name followed by “t/a” (trading as) or “d/b/a’ (doing business as), respectively. The offeror’s signature on the proposal, contract, amendment(s) or related correspondence, must conform to the following:

All signatures must be made by an authorized officer, partner, manager, member, or employee. The signing of this offer or a contract is a representation by the person signing that the person signing is authorized to do so on behalf of the offeror or contractor.

3. ACKNOWLEDGMENT OF SOLICITATION AMENDMENTS

The Offeror acknowledges receipt of the following amendment(s) to the solicitation:

Amendment Number Date

Revised 07/2022 6

4. SECTION A - INSTRUCTIONS, CONDITIONS AND NOTICES

The following provisions are applicable to this solicitation:

4.1. Instructions:

4.1.1. Registered Vendor

4.1.1.1. The first step in doing business with Montgomery County is to become a registered vendor in the on-line Central Vendor Registration System (CVRS). Go to the following website to register: (https://azex32.montgomerycountymd.gov/cvrs)

4.1.2. Acknowledgement

4.1.2.1. The offeror must include the signed Acknowledgment page indicating agreement with all the provisions, terms and conditions of this solicitation.

4.1.3. Optional Pre-Submission Conference

4.1.3.1. If a Pre-Submission Conference is held, it is recommended that prospective offerors attend this pre-submission conference. For information regarding the date, time, and place of the conference, please see page 1 of this solicitation.

4.1.4. Proposals

4.1.4.1. Vendor must electronically submit their proposal through www.bidnetdirect.com/maryland/montgomerycounty. Proposals received after the date and time specified will not be considered and will be denied by the BidNet application.

4.1.4.2. It is the offeror’s responsibility to follow all steps in BidNet to completion in order to ensure submission of the proposal.

4.1.5. Proposal Withdrawal/Modification

4.1.5.1. Vendor can withdraw and make edits to a proposal before a solicitation’s closing date and time. To withdraw your proposal, log into www.bidnetdirect.com/maryland/montgomerycounty and click “Solicitations” then “Bid Management” and follow the withdrawal process. If you need help withdrawing your proposal, please call BidNet Direct’s Support Department at 800-835- 4603, Option 2.

Your withdrawal and resubmission must occur before the closing date and time.

4.1.6. Questions

4.1.6.1. All technical and non-technical questions pertaining to this solicitation are to be directed to the individuals whose names are indicated on Page 1 of this solicitation.

4.1.6.2. The Office of Procurement has an electronic ”Frequently Asked Questions” section on its website that may answer your questions:

(https://www.montgomerycountymd.gov/pro/vendor-resources/faq.html)

4.1.7. Obtaining Solicitation Amendments

4.1.7.1. What are they?

When the County determines that material changes to the solicitation document or material information needs to be disseminated to Offerors it will issue a formal amendment to a solicitation. However, not all solicitations will need an amendment.

Any information given to an offeror in response to a request will be furnished to all offerors as an amendment to this solicitation, if such information is deemed necessary for the preparation of solicitations, or if the lack of such information would be detrimental to the uninformed offerors. Such amendments only, when issued by the Director, Office of Procurement, will be considered as being binding on the County.

4.1.7.2. How do I identify if a solicitation has an amendment?

https://azex32.montgomerycountymd.gov/cvrs http://www.bidnetdirect.com/maryland/montgomerycounty http://www.bidnetdirect.com/maryland/montgomerycounty https://www.montgomerycountymd.gov/pro/vendor-resources/faq.html

Revised 07/2022 7

Offerors are responsible for checking the website at https://www.montgomerycountymd.gov/PRO/solicitations/formal-solicitations.html periodically to remain informed of any solicitation amendments. Solicitation amendments may occur any time prior to the proposal due date and time. As a courtesy, the Office of Procurement may email solicitation amendments to holders of record with valid email addresses. However, it is the responsibility of the offeror to frequently visit the Office of Procurement’s website to obtain solicitation amendments.

4.1.7.3. What am I required to do for the Amendment?

OFFERORS MUST ACKNOWLEDGE RECEIPT OF SUCH SOLICITATION

AMENDMENTS, to the place designated, and prior to the hour and date specified in the solicitation (as amended) for receipt of offers. This can be easily done in at least one of the following ways:

4.1.7.3.1. By filling-in the “Amendment Number” and “Date” of the amendment(s) under the Acknowledgment of Solicitation Amendments title; or

4.1.7.3.2. By returning one signed copy of the amendment with the Offeror’s response to the solicitation

4.1.8. Maryland State Department of Assessments & Taxation (MD-SDAT)

4.1.8.1. Vendors doing business in the State of Maryland are required to be in ‘Good Standing’ with MD-SDAT; this may not be applicable for individuals, sole proprietorships or partnerships.

4.1.8.2. The County will require, if applicable, a copy of a Certificate of Good Standing from SDAT prior to entering into a contract with your firm.

4.1.8.3. The County will verify this status on the MD-SDAT website.

4.1.8.4. If your firm has a ‘Forfeit’ status from MD-SDAT the County cannot enter into a contract with your firm until this status has been rectified with the MD-SDAT.

4.1.8.5. If this status is not rectified in a timely manner with MD-SDAT, then your firm maybe declared non-responsible and your proposal will be rejected.

4.1.8.6. Information can be found at: (https://dat.maryland.gov/Pages/default.aspx) and

(http://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx).

4.2. Conditions

4.2.1. Acceptance Time

4.2.1.1. By submission of a proposal under this solicitation, the offeror agrees that County has

180 days after the due date in order to accept the proposal. The County reserves the right to reject, as unacceptable, any offer that specifies less than 180 days of acceptance time. Upon mutual agreement between the County and the offeror, the acceptance time for the offeror’s proposal may be extended.

4.2.2. Contract Documents

The following documents will be incorporated into the contract resulting from this solicitation:

4.2.2.1. General Conditions of Contract between County & Contractor (Section J)

4.2.2.2. Minority-owned Business Addendum to the General Conditions of Contract between

County & Contractor and its companion document entitled, “Minority, Female, Disabled Person Subcontractor Performance Plan”.

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-91.pdf)

4.2.2.3. Offeror’s Certification of Cost & Price (for contracts above $100,000.)

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf)

4.2.2.4. Wage Requirements Law (WRL) for Services Addendum to the General Conditions of Contract between the County and Contractor and its companion documents entitled, “Wage Requirements Certification”, and “501(c)(3) Non-profit Organization’s Employee’s Wage and Health Insurance Form”.

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf) http://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx http://www.montgomerycountymd.gov/PRO/Resources/Files/OBRC/PMMD-91.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf

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4.2.2.5. All representations and certifications listed in this document.

4.2.2.6. Mandatory Insurance Requirements.

4.2.2.7. Prevailing Wage Requirements (only for a construction contract between the County and Contractor).

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-185.pdf)

4.2.2.8. Prevailing Wage Local Hiring Report. (if applicable) (http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-195.pdf)

4.2.2.9. Prevailing Wage Law Local Hiring Attestation. (if applicable) (http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-196.pdf)

4.2.3. Determination of Responsibility

4.2.3.1. The Offeror has the burden of demonstrating, affirmatively, its responsibility in connection with this solicitation. A debarred potential offeror must automatically be considered non-responsible in connection with this solicitation. The County reserves the right to consider an offeror non-responsible who has previously failed to perform properly or to complete contracts, in a timely manner, or if investigation shows the offeror is unable to perform the requirements of the contract. An offeror may be requested at any time by the Director, Office of Procurement or the Using Department to provide additional information, references and other documentation and information that relate to the determination of responsibility. Failure of an offeror to furnish requested information may constitute grounds for a finding of non-responsibility of the prospective offeror.

4.2.3.2. The Director may deny the award, renewal, or assignment of a contract to or for any offeror who is in default of payment of any money due the County.

4.2.3.3. The factors that may be considered in connection with a determination of responsibility include, but are not limited to:

4.2.3.3.1. The ability, capacity, organization, facilities, and skill of the offeror to perform the contract or provide the goods, services, or construction (“work”) required.

4.2.3.3.2. The ability of the offeror to perform the contract or provide the work within the time specified without delay, interruption or interference.

4.2.3.3.3. The integrity, reputation and experience of the offeror and its key personnel.

4.2.3.3.4. The quality of performance of previous contracts or work for the County or other entities. Past unsatisfactory performance, for any reason, is sufficient to justify a finding of non-responsibility.

4.2.3.3.5. The offeror’s previous and existing compliance with laws and ordinances relating to the contract or work.

4.2.3.3.6. The sufficiency of financial resources of the offeror to perform the contract or provide the work.

4.2.3.3.7. The certification of an appropriate accounting system, if required by the contract type.

4.2.3.3.8. Past debarment or suspension by the County or other governmental entity.

4.2.4. Joint Procurement

4.2.4.1. The following entities within Montgomery County must be able to purchase directly from any contract resulting from this Solicitation:

4.2.4.1.1. Maryland-National Capital Park & Planning Commission (M-NCPPC);

4.2.4.1.2. Montgomery College (MC);

4.2.4.1.3. Montgomery County Public Schools (MCPS);

4.2.4.1.4. Montgomery County Revenue Authority;

4.2.4.1.5. Montgomery County Housing Opportunities Commission (HOC);

http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-185.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-195.pdf http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-196.pdf

Revised 07/2022 9

4.2.4.1.6. Washington Suburban Sanitary Commission (WSSC); and

4.2.4.1.7. Municipalities & Special Tax Districts in Montgomery County.

4.2.4.2. While this RFP is prepared on behalf of Montgomery County, it is intended to apply for the benefit of the above-named entities as though they were expressly named throughout the document. Each of these entities may purchase from the successful vendor under the same prices and goods and/or services of the contract with Montgomery County, in accordance with each entity's respective laws and regulations, or an entity may choose not to procure from the successful bidder at the entity's sole discretion. If one of the above-named entities elects to purchase under the contract, the price shall be determined by using unit costs and other pertinent costs that are provided in the bid. Montgomery County shall not be held liable for any costs, payments, invoices, or damages incurred by the above jurisdictions. Each entity above will be solely responsible for and contract directly with the bidder under the entity’s own procurement laws and regulations. ANY SPECIAL DISCOUNTS UNIQUE TO A PARTICULAR ENTITY (e.g. Montgomery County Public Schools educational discounts) SHOULD BE OFFERED TO THAT ENTITY.

4.2.5. Late Proposals

4.2.5.1. Proposals in response to this solicitation received after the due date and time specified in the solicitation are considered late and will not, under any circumstances, be considered for any award resulting from the Solicitation.

4.2.6. Minority, Female, Disabled Person Program Compliance

4.2.6.1. Under County law, this solicitation is subject to the Montgomery County Code (Part II.

Chapter 11B.Article XIV) and the Montgomery County Procurement Regulations (COMCOR 11B.00.01.07) regarding participation in the Minority-Female-Disabled Person (MFD) procurement program.

4.2.6.2. Information regarding the County’s MFD program can be found on the Office of Procurement website at: (www.montgomerycountymd.gov/MFD) Entitled “Minority-owned Business Addendum to the General Conditions of Contract between County and Contractor”.

4.2.6.3. The companion document entitled “Minority, Female, disabled Person Subcontractor Performance Plan” can be found on the Office of Procurement website at:

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf).

4.2.7. Montgomery County Code and Procurement Regulations

4.2.7.1. The Montgomery County Code and the Montgomery County Procurement Regulations are applicable to this solicitation and any contract awarded pursuant to this solicitation.

4.2.8. Payment Terms

4.2.8.1. The County’s payment terms are net thirty (30) days.

4.2.8.2. The County is expressly permitted to pay the vendor for any or all goods, services, or construction under the contract through either a procurement card (“p-card”) or a Single Use Account(“SUA”) method of payment, if the contractor accepts the noted payment method from any other person. In that event, the County reserves the right to pay any or all amounts due under the contract by using either a p-card (except when a purchase order is required) or a SUA method of payment, and the contractor must accept the County’s p-card or a SUA method of payment, as applicable. Under this paragraph, contractor is prohibited from charging or requiring the County to pay any fee, charge, price, or other obligation for any reason related to or associated with the County’s use of either a p-card or a SUA method of payment.

http://www.montgomerycountymd.gov/MFD http://www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf

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4.2.9. Prevailing Wage (County Code Sections 11B-33-C and 20-75)

4.2.9.1. The Prevailing Wage Law applies to all construction contracts and to mechanical systems services contracts that meet minimum threshold contract values. Unless otherwise excluded by County law, a County-financed construction contract and a mechanical systems service contract that meet minimum threshold contract values are subject to the Montgomery County Code regarding compliance with the prevailing wage paid to construction workers, as established for the County by the Maryland State Commissioner of Labor and Industry. Additional information regarding the County’s prevailing wage requirements can be reviewed at:

(www.montgomerycountymd.gov/PrevailingWage).

4.2.9.2. An aggrieved employee is a third-party beneficiary of this Contract and the employee may, by civil action, recover the difference between the prevailing wage for the type of work performed and the amount actually received, with interest and a reasonable attorney’s fee.

4.2.10. Qualification of Offerors

4.2.10.1. Offerors may be required to furnish satisfactory evidence that they are qualified dealers or manufacturers of the items listed, or are regularly engaged in performing the services for which they are submitting a proposal, and that they maintain a regularly established place of business.

4.2.10.2. An authorized representative of the County may visit any prospective contractor's plant, place of business or place where the services are performed to determine ability, capacity, reliability, financial stability and other factor(s) necessary to perform the contract.

4.2.10.3. Upon the County’s request, an offeror must submit information about its reputation, past performance, business and financial capability, and other factors to demonstrate that the offeror is capable of satisfying the County’s needs and requirements for this solicitation.

4.2.11. Services Contract (County Code 11B-33A)

4.2.11.1. Under County law, a solicitation for a contractor to provide services is subject to the Montgomery County Code regarding compliance with certain wage requirements related to wage amounts that contractor must pay its employees. If an offeror fails to submit and complete the required material information on the Wage Requirements Certification form, its proposal may be deemed unacceptable and rejected under County law.

4.2.11.2. Information regarding the County’s Wage Requirements Law (WRL) can be found on the Office of Procurement website at: (www.montgomerycountymd.gov/WRL).

Contractor must comply with the “Wage Requirements Law (WRL) for Services Contracts Addendum to The General Conditions of Contract between County and Contractor”, which can be found included with the Wage Requirements Certification form at the website below.

4.2.11.3. The companion document entitled “Wage Requirements Certification” form can be found on the Office of Procurement website at:

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf).

4.3. Notices

4.3.1. Proprietary & Confidential Information

4.3.1.1. This is to notify prospective offerors that the County has unlimited data rights regarding proposals submitted in response to its solicitations. “Unlimited data rights” means that Montgomery County has the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, or perform publicly and display http://www.montgomerycountymd.gov/PrevailingWage http://www.montgomerycountymd.gov/WRL

Revised 07/2022 11 publicly any information submitted by offerors in response to this or any solicitation issued by the County. However, information that is deemed to be confidential commercial or financial information, as defined by the Maryland Information Act (MPIA), Md. Code Ann., Gen. Prov. §§ 4-101 through 4-601, will be exempted from disclosure if the offeror can show that release of such information would cause substantial competitive harm to the offeror.

4.3.1.2. It is the responsibility of the offeror to clearly identify each part of the offer that it believes is confidential commercial or financial information by stamping the bottom right-hand corner of each pertinent page with large boldface letters stating the words "confidential" or “proprietary.” However, the County, by law, must apply the MPIA’s requirements for public information disclosure deemed proprietary and confidential;

therefore, even information marked as such by the Offeror may still require public disclosure.

4.3.1.3. The offeror agrees, with regard to any portion of the proposal that is not stamped as proprietary or confidential, that it expressly permits the County to deem it not to be proprietary or confidential, and to release the information to the public in accordance with the MPIA.

4.3.2. Protests

4.3.2.1. Any Offeror who is aggrieved (see 4.3.2.5 below) may file a protest. Any Offeror who is aggrieved in connection with a formal solicitation must deliver a written protest to the Director, Office of Procurement: (a) within ten (10) days after the Director, Office of Procurement, publicly posts the proposed contract award, if the offeror seeks as a remedy the award of the contract or costs under Section 11B-36(h) of the Montgomery County Code, or (b) before the solicitation proposal submission due date and time, if the offeror seeks as a remedy the cancellation or amendment of the solicitation.

4.3.2.2. Each protest must contain a protest filing fee in the amount of $500 (US currency). If the fee is paid by check, the check must be made out to “Montgomery County Government”.

4.3.2.3. The Director, Office of Procurement, may return the filing fee to the protesting offeror, if the protest is sustained.

4.3.2.4. The Director, Office of Procurement, must dismiss any protest not timely received.

4.3.2.5. Only an offeror who is “aggrieved” may file a protest. “Aggrieved” means that the offeror who files the protest can demonstrate it may be eligible for an award of the contract if the protest is sustained.

4.3.2.6. Each protest must contain the following:

4.3.2.6.1. Identification of the solicitation;

4.3.2.6.2. Offeror Name;

4.3.2.6.3. Offeror Address;

4.3.2.6.4. Offeror Email Address;

4.3.2.6.5. Offeror Telephone Number;

4.3.2.6.6. Statement supporting that the Offeror is aggrieved;

4.3.2.6.7. Specification of all grounds for the protest;

4.3.2.6.8. Submission of detailed facts and all relevant documents;

4.3.2.6.9. Citation to relevant language in the solicitation, regulations, or law relied upon; and,

4.3.2.6.10. All other matters which the Offeror contends support its protest

4.3.2.7. The burden of production of all relevant evidence, data, and documents, and the burden of persuasion, to support the protest is on the offeror making the protest.

4.3.3. Public Posting

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4.3.3.1. It is the responsibility of the offeror, per Section 3.2.2 of the Procurement Regulations, to keep informed of the current status of any proposed award for a contract in which the offeror is interested.

4.3.3.2. Of particular importance is the fact that the notice of a decision to make an award will be accomplished by a public posting of the proposed awardee(s).

4.3.3.3. Information regarding the proposed award under this solicitation, or any solicitation issued by the Montgomery County Office of Procurement, will be posted on Montgomery County’s website at:

https://www.montgomerycountymd.gov/PRO/solicitations, and at the Office of Procurement, 27 Courthouse Square, Ste 330, Rockville, Maryland 20850.

4.3.4. Solicitation Preparation Expenses

4.3.4.1. All costs incurred in the preparation and submission of an offeror’s proposal will be borne by the offeror and shall not be incurred in anticipation of receiving reimbursement from the County.

4.3.5. Tie Scoring

4.3.5.1. In case of a tie in the numerical Qualification and Selection Committee scoring, the tie will be resolved by offering the proposed contract to the offeror who has its principal place of business in Montgomery County, Maryland. If there is a tie between two or more offers, each of whom have its principal place of business in Montgomery County, Maryland, then the tie will be resolved in accordance with the criteria stated under Procurement Regulation 4.1.2.4(f); See Procurement Regulations at:

(https://www.montgomerycountymd.gov/pro/help.html)

4.3.6. Verbal Explanations

4.3.6.1. Verbal explanations or instructions given by a Montgomery County employee to an offeror in regard to this or any other solicitation will not be binding on the County.

4.3.7. Health Insurance Preference

4.3.7.1. Only a proposal from a Certified Small Business with Health Insurance that submits a certificate issued by Montgomery County Department of Health and Human Services at the date and time of proposal submission will received a % evaluation factor that will be utilized to recalculate an Offeror’s QSC written or interview score(s) for the Method of Award process, in accordance with the criteria stated under Procurement Regulation 11B.77.01.06; See Procurement Regulations at:

https://www.montgomerycountymd.gov/PRO/vendor-resources/laws-regulations.html

4.3.8 Local Business Preference

4.3.8.1 Only an Offeror who: (1) has a valid local business certification when the business submits a timely proposal; or (2) has applied for local business certification prior to the due date/time to submit a proposal, will receive an evaluation factor worth 10% of the total points under an RFP, in accordance with Executive Regulations 13-20. Also, refer to: https://www.montgomerycountymd.gov/PRO/DBRC/local-business-preference.html.

END SECTION A - INSTRUCTIONS, CONDITIONS AND NOTICES

https://www.montgomerycountymd.gov/PRO/solicitations/ https://www.montgomerycountymd.gov/pro/vendor-resources/faq.html https://www.montgomerycountymd.gov/PRO/vendor-resources/laws-regulations.html https://www.montgomerycountymd.gov/PRO/DBRC/local-business-preference.html https://www.montgomerycountymd.gov/PRO/DBRC/local-business-preference.html

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5. SECTION B - SCOPE OF SERVICES:

5.1. Definitions

The following words and phrases, here appearing capitalized and in quotes, have the following meanings for the purposes of this solicitation:

5.1.1. “CONSULTANT”, or “CONTRACTOR”: An entity that enters into a Contract with the County to perform engineering and incidental architectural services on a Project.

5.1.2. “CONTRACT”: The written agreement between the Owner and the Consultant resulting from this solicitation and containing the Contract Documents identified in Section A.

5.1.3. “CONTRACT ADMINISTRATOR”: The individual identified in the Contract who is responsible for the administration of the Contract in accordance with the authorities and limitations delegated to him by the Director (see Part II, Exhibit A – General Conditions of Contract Between County and Contractor, Paragraph 6). The Contract Administrator will delegate specific contract administration authorities and duties for a Project to an individual who will be identified in the Task Order for that Project (Contract Administrator’s “designee”).

5.1.4. “COUNTY” or “OWNER”: Montgomery County, Maryland, a body corporate and politic and a local subdivision of the State of Maryland.

5.1.5. “DESIGN ADJUSTMENT”: Written documentation signed by the Contract Administrator or designee approving and authorizing a modification to the Program, Budget, Management Plan, Master Schedule, or previously approved Design documents but having no impact on total time or compensation for the Contract.

5.1.6. “DIRECTOR”: The Director, Office of Procurement. The Director is the Contracting Officer for the County.

5.1.7. “NOTICE TO PROCEED”: A written communication to the Consultant from the Contract Administrator or designee directing commencement of Task Order Services or a portion thereof, or a particular phase or activity or portion thereof.

5.1.8. “PROGRAM OF REQUIREMENTS”, “PROGRAM”, or “POR”: The Owner-provided written summary of the Project requirements, which sets forth the County’s design objectives, constraints and criteria.

5.1.9. “PROJECT”: A complete and properly functioning facility suitable for the purpose for which it is intended and satisfying the Program of Requirements and the County’s needs.

5.1.10. “SERVICES”: The work to be performed by the ENGINEERING FIRM under the Contract, consisting of the Basic Services described in the Contract and any Task Order.

5.1.11. “TASK ORDER”: A written document, signed by the ENGINEERING FIRM and executed by the Contract Administrator (or designee), which, when combined with a purchase order issued by the Office of Procurement, directs the ENGINEERING FIRM to provide indicated Basic Services on a Project for a lump-sum cost.

5.1.12. “TASK ORDER AMENDMENT”: A type of Task Order modification, signed by the

ENGINEERING FIRM and executed by the Contract Administrator (or designee), which, when

Revised 07/2022 14 combined with a purchase order issued by the Office of Procurement, provides for a change in the Task Order provisions without affecting the Contract provisions.

5.1.13. “USING DEPARTMENT HEAD” or “DEPARTMENT HEAD”: The Director, Department of

General Services.

5.2. Intent

5.2.1. Montgomery County, Maryland intends to use this solicitation to select, and enter into contracts with, three (3) qualified Consultants to provide Comprehensive Engineering and incidental Architectural Services for the planning, design, permitting, bidding and construction administration of new construction or renovation of various County Small to Medium size Projects and Facilities. The ENGINEERING FIRM selection methodology is further explained in Section C. The Scope of Services is more fully detailed in the contract contained in Part II of this solicitation.

5.3. Method of Assignment of Task Orders

5.3.1. It is the County's intent to enter into contracts with three (3) qualified Consultants to provide

Comprehensive Engineering and incidental Architectural Services for the planning, design, permitting, bidding and construction administration of new construction or renovation of various County Small Projects and Facilities on an as needed basis. The use of this contract will be limited to Projects which meet both of the following requirements: a) an ENGINEERING FIRM Basic Services Fee not-to-exceed $400,000 and b) an estimated Construction Cost not-to-exceed $4,000,000. The County will issue a Task Order for each Project. Issuance of a Task Order will be contingent upon appropriation of funds by the Montgomery County Council and the encumbrance of such funds, as provided by the Montgomery County Code.

5.3.2. The Consultants who receive the highest ranking, as a result of the Method of Award/Evaluation

Criteria shown in Section C, will be given the opportunity to respond to a Task Order Proposal (TOP) Each task order will be issued as a Task Order Proposal (TOP) and evaluated based on the best-negotiated terms. Evaluation will consider multiple factors, including overall cost and the offeror’s specific area of expertise. Proposals will be scored using a point-based system developed by the department’s Contract Administrator to ensure fairness and consistency in the selection process. If negotiations with the top-ranked vendor are unsuccessful, the department will proceed to the next highest-ranked vendor, in accordance with the established evaluation and selection procedure. Further, should the Consultant fail to demonstrate to the County’s satisfaction that sufficient, approved key personnel are assigned to the Task Order, the County reserves the right to assign the Task Order to the next-highest-ranked Consultant.

5.3.3. When ENGINEERING FIRM services are needed for a Project, the County will send the Consultant being offered that Task Order a “Request for Task Order Proposal” that may include any or all of the following:

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5.3.3.1. 1) the Program of Requirements/Scope of Work;

2) the Master Schedule;

3) the Construction Contract Award Price (CCAP);

4) special insurance requirements, if any; and

5) any other pertinent requirements/documents necessary for the Project.

5.3.4. The Consultant will be required to submit a Task Order Proposal to the Contract Administrator or designee within the deadline specified in the Request for Task Order Proposal. The Task Order Proposal must include:

1) a complete Fee Schedule for the Project, broken down by phase and including the number of hours and the hourly rates, as listed in Exhibit E to the Contract, for each staff member of the Consultant and each sub-consultant, and dated and signed by an authorized member of Consultant’s firm;

2) a list of approved key personnel (from all major disciplines) who would be providing services under the Task Order;

(3) a Certificate of Insurance (if required);

4) any other items specific to the Task Order as may be requested by the Contract Administrator or designee.

5.3.5. As necessary, the County will negotiate the proposed Basic Services compensation and/or other terms of the Task Order. After negotiations, and upon County execution of a Task Order, the negotiated compensation will be a lump sum price for all Basic Services as described in the Task Order; the Consultant must perform all Basic Services for the lump-sum Basic Services compensation shown in the Task Order. All costs incurred by the Consultant in negotiating Task Order proposals will be borne by the Consultant and will not be reimbursed by the County.

5.3.6. If the Task Order is approved, the Office of Procurement will issue a purchase order and the

Contract Administrator or designee will issue a Notice to Proceed. The Consultant must not commence services under any Task Order until the Office of Procurement has issued a purchase order, and the Contract Administrator or designee has issued a Notice to Proceed for that Task Order.

5.3.7. If there is a need to change the requirements of a specific Task Order, the modifications or changes to the Task Order will not modify or change any part of the Contract. Any such Task Order Amendment will only affect that Task Order, and the Amendment will be issued only for that Task Order.

5.3.8. Any Task Orders assigned during, but completed after, the contractual period for assigning Task

Orders must be honored in accordance with all terms, conditions, scope of services, and costs of the Contract and the Task Order until the assignment is completed and has been accepted by the Contract Administrator or designee.

6. SECTION C - PERFORMANCE PERIOD

6.1. TERM

6.1.1. The effective date of the Contract(s) resulting from this solicitation begins upon signature by the

Director, Office of Procurement, and ends after a three (3) year period. Before this three-year period ends, the Director, at his/her sole option, may (but is not required to) renew the Contract for two (2) additional periods of one (1) year each if the Director determines that renewals is in the best interest of the County. The ENGINEERING ORGANIZATION’s satisfactory performance does not

Revised 07/2022 16 guarantee renewal of the Contract. No new Task Orders may be assigned under the Contract after the three (3) year period and the additional renewal period and the additional renewal periods (if any) have elapsed without prior written approval by the Director.

6.1.2. Any Task Orders assigned but not completed by the end of the contractual period for assigning

Task Orders must be completed by the ENGINEERING ORGANIZATION with all compensation and provisions of the Contract still in force and effect, including the County’s ability to adjust funding for any required Task Order changes (increase or decrease to the Task Order amount), until final completion and acceptance by the Contract Administrator (or designee) of the Task Order work

6.1.3. The Contract Term ends upon the later of the following two dates: 1) the end of the three-year period plus any optional renewal periods as described above; or 2) when the last Project for which a Task Order has been executed under the Contract achieves Final Completion (as defined in the General Conditions of Construction Contract).

6.2 Performance Period

6.2.1 The ENGINEERING ORGANIZATION agrees to complete the services under each Task Order by the number of days specified in the Master Schedule after a Notice to Proceed for that phase or activity is issued.

6.2.2 Each Task Order and its phases or activities is a separable and distinct part of this Contract.

The ENGINEERING ORGANIZATION’s assignment shall be limited at any one time to those phases or activities for which the Office of Procurement has issued a purchase order, and the Contract Administrator (or designee) has issued a Notice to Proceed.