October 16, 2026

To: Prospective Respondents:

Montgomery County Public Schools (MCPS) issues this Request for Proposals (RFP) to solicit proposals from qualified telecommunications service providers to provide Internet Access services for approximately 255 MCPS sites.

The respondents must submit their proposal per the instructions under the RFP, Section 24 Submission Instructions. The submission must be signed by an official having authority to contract with MCPS. The firm and official's name shall be used. This solicitation does not commit the district to pay any costs incurred in the submission of proposals or guarantee that an award will be made.

Sincerely, Angela McIntosh Davis, Director Department of Procurement

AMD: se

Copy to:

RFP File

RFP Number: MO27-47001-270000847 Due Date: November 25, 2026 Open Time: 2:00 p.m.

1. INTRODUCTION:

Montgomery County Public Schools (“MCPS”) is the 15th largest school system in the United States, and the largest in the state of Maryland. MCPS serves more than 155,000 students from 167 countries speaking 167 languages and employs more than 25,000 employees. Among the 211 schools that MCPS operates, 45 are National Blue-Ribbon schools. In May 2025, MCPS was named one of six National Gold Ribbon School in Service Learning, recognizing its robust service-learning programs across all 211 schools. MCPS has one of the highest graduation rates among the nation’s largest school and was the recipient of the 2010 Malcolm Baldrige National Quality Award.

2. PURPOSE AND NOTICE

MCPS issues this Request for Proposals (“RFP”) to solicit proposals from qualified telecommunications service providers to provide Internet Access services for approximately 255 MCPS sites. Printable list of schools and office sites can be found here https://ww2.montgomeryschoolsmd.org/schools/index.aspx

All quantities, locations, capacities, and service counts are approximate and subject to change.

The specification, quantity, capacity, locations, and count of services may vary over time due to changes in MCPS needs, site additions or closures, enrollment, network architecture, technology, and operational requirements.

MCPS intends an initial contract term of five (5) years, with an option, at MCPS’ sole discretion, for up to five (5) additional one-year renewal terms.

3. INTERNET ACCESS SERVICE REQUIREMENT

MCPS requires high-capacity Internet Access delivered over fiber optic facilities directly one or both designated Data Center(s) located at 45 W Gude Dr, Rockville, MD 20850 and/or at 20441 Century Blvd, Germantown, MD 20874.

The service should provide full-duplex logical throughput capable of a minimum of 60 Gbps and scalable to a maximum of 500 Gbps. The fiber optic transport shall likewise be capable of supporting 60 Gbps through 500 Gbps.

4. BANDWIDTH PRICING

Respondents must provide pricing for a base service level of 60 Gbps and mandatory pricing in 10 Gbps increments through 500 Gbps for both Data Center Locations. Failure to provide pricing for all required bandwidth levels may result in the proposal being deemed non-responsive.

Pricing shall include all costs necessary to provide the proposed service.

The 60 Gbps level is the required base bid; all other levels are mandatory alternate pricing for scalability. The Respondent shall state whether increases can be completed through logical/configuration changes or require additional optics, ports, equipment, circuits, or facilities.

https://ww2.montgomeryschoolsmd.org/schools/index.aspx

If any portion of the proposed service is not eligible for E-rate funding, the Respondent shall provide a clear cost allocation.

The Respondent shall not combine eligible and ineligible charges in a manner that prevents MCPS from identifying the amount requested for E-rate support. MCPS reserves the right to request additional pricing detail when necessary to determine eligibility.

Respondents MUST provide pricing for 60 Gbps and every 10 Gbps increment thereafter through 500 Gbps: 60, 70, 80, 90, 100, 110, 120, 130, 140, 150, 160, 170, 180, 190, 200, 210, 220, 230, 240, 250, 260, 270, 280, 290, 300, 310, 320, 330, 340, 350, 360, 370, 380, 390, 400, 410, 420, 430, 440, 450, 460, 470, 480, 490, and 500 Gbps.

45 W Gude Dr, Rockville, MD

Initial Five Year Term

Gbps Gbps

Gbps

Gbps

Gbps

110 - 500 Gbps

Year 1 Year 2 Year 3 Year 4 Year 5 20441 Century Blvd, Germantown, MD Initial Five-Year Term

Gbps

Gbps

Gbps

Gbps

Gbps

110 - 500 Gbps

Year 1 Year 2 Year 3 Year 4 Year 5

45 W Gude Dr, Rockville, MD 20850 Optional Five-Year Renewal Term

Gbps

Gbps

Gbps

Gbps

Gbps

110-500 Gbps

Renewal Year 1 Renewal Year 2 Renewal Year 3 Renewal Year 4 Renewal Year 5

20441 Century Blvd, Germantown, MD 20874 Optional Five-Year Renewal Term

Gbps

Gbps

Gbps

Gbps

Gbps

110-500 Gbps

Renewal Year 1 Renewal Year 2 Renewal Year 3 Renewal Year 4 Renewal Year 5

5. FIBER OPTIC TRANSPORT

The service shall utilize fiber optic transport capable of supporting the required bandwidth. The Respondent shall describe its fiber architecture, topology, route diversity where available, demarcation, interface/optics, maximum capacity, redundancy, maintenance, monitoring, and limitations affecting future bandwidth increases.

6. DIRECT DATA CENTER CONNECTION / NO LAST-MILE CHARGES

The Internet Access service shall connect directly to the MCPS’ designated Data Center(s) in Maryland without additional charges to MCPS for last-mile connectivity.

Any on-premises facilities, building entrance facilities, access facilities, inside/outside wiring, fiber extensions, cross-connects, or last-mile wiring required to deliver the contracted service to the Data Center(s) shall be provided at no expense to MCPS.

Any construction, access, make-ready, right-of-entry, or similar requirement must be explicitly disclosed in the proposal. No undisclosed last-mile or construction charge shall be the responsibility of MCPS.

7. BORDER GATEWAY PROTOCOL (BGP) REQUIREMENT

The service must support BGP configuration and operation to support the MCPS’ autonomous system.

The Respondent shall identify BGP version, IPv4/IPv6 support, session requirements, autonomous-system support, route advertisement/filtering, maximum routes, communities, authentication, prefix limits, monitoring, troubleshooting, and any additional BGP charges.

Provider-side configuration and support necessary to establish the BGP relationship shall be included in the proposed service.

8. INTERNET ROUTING / MINIMAL HOPS AND DELAY

The proposed service should be engineered to provide efficient connectivity to the existing Internet Service Provider and minimize unnecessary network hops, latency, and delay.

The Respondent shall describe upstream transit providers, peering relationships, Internet backbone, peering/exchange locations, expected route path, typical latency, congestion controls, and any conditions that may materially affect route efficiency. MCPS’ objective is direct, efficient, high-capacity Internet connectivity with minimal unnecessary hops and delays.

9. DDoS PROTECTION MCPS requires protection of its Internet Access service against Distributed Denial-of-Service (DDoS) attacks that could affect availability, performance, or reliability. Respondents propose DDoS protection compatible with the Internet Access service. The solution should provide continuous monitoring and automated detection/mitigation, where technically feasible, for volumetric, protocol, transport-layer, reflection/amplification, and other network-based DDoS attacks.

The Respondent shall describe always-on/on-demand protection; detection methodology;

automated mitigation; scrubbing capacity; maximum attack volume mitigated; Layer 3/Layer 4 protection; Layer 7 protection if offered; detection and mitigation times; BGP or other traffic diversion; routing requirements; MCPS configuration requirements; 24x7x365 monitoring;

alerting; customer portal; incident reporting; SLA/service credits; geographic diversity; and limitations.

The Respondent shall explain how mitigation operates when an attack exceeds the contracted Internet bandwidth and whether mitigation occurs upstream so MCPS access circuit is not saturated by attack traffic.

DDoS service shall be separately identified and priced unless included in the Internet Access service at no additional charge. If included, the Respondent shall state “Included – No Additional Charge.”

The Respondent shall identify its determination of DDoS E-rate eligibility. Any ineligible security component shall be separately identified and priced. The Respondent shall not combine eligible and ineligible charges in a manner that prevents MCPS from identifying the amount requested for E-rate support.

MCPS reserves the right to request additional pricing detail when necessary to determine eligibility.

10. SLA AND 24x7x365 SUPPORT The Respondent shall provide a comprehensive SLA addressing availability, latency, packet loss, jitter, BGP availability, DDoS detection/mitigation, Mean Time to Repair, trouble-ticket response, escalation, outage notification, planned/emergency maintenance, restoration, and service credits.

The successful Respondent shall provide 24x7x365 monitoring and technical support, including a Network Operations Center, trouble-ticketing, proactive outage notification, escalation, and designated technical contacts.

11. SCALABILITY / APPROXIMATE SITES

MCPS anticipates that the number of sites, traffic patterns, bandwidth requirements, and network architecture may change during the contract term. The successful Respondent shall provide a scalable solution supporting future increases in Internet bandwidth and changes to MCPS’ approximately 255-site environment.

The Respondent shall explain the process and cost for increasing bandwidth, changing service locations, adding/removing locations, or modifying network architecture. No quantity or location stated in this RFP constitutes a guarantee of minimum purchase volume.

12. IMPLEMENTATION AND ACCEPTANCE

The successful Respondent shall provide an implementation plan covering project management, site verification, circuit provisioning, fiber facilities, BGP configuration, testing, DDoS configuration, cutover, acceptance testing, and documentation.

MCPS may test throughput, full-duplex operation, latency, packet loss, BGP functionality, route performance, failover, DDoS monitoring/alerting, and other applicable service characteristics before acceptance.

13. PRICING REQUIREMENTS

Respondents shall provide complete pricing for the initial five-year term and each of the five optional one-year renewal terms. Pricing shall identify monthly recurring charges, one-time charges, fiber transport, Internet Access, ports/interfaces, BGP, DDoS, equipment/CPE, maintenance, cross-connects, last-mile/access, taxes/regulatory fees, and all other charges.

All required last-mile connectivity and on-premises facilities necessary to deliver service to the designated Data Center(s) shall be included at no additional charge to MCPS.

14. E-RATE ELIGIBILITY / COST ALLOCATION

The Respondent shall identify the E-rate eligibility of every major service component. MCPS will request E-rate discounts only for services/components eligible under the applicable Funding Year and FCC/USAC rules.

If the proposal contains eligible and ineligible components, the Respondent shall separately identify the ineligible components and provide a reasonable cost allocation. Possession of a SPIN/498 ID alone shall not be treated as proof that a service or feature is E-rate eligible.

15. VENDOR QUALIFICATIONS

Provide company history, years in business, experience delivering 60 Gbps or greater Internet Access, fiber-based Internet, BGP, large K-12 networks, DDoS mitigation, comparable customers, financial qualifications, certifications, SPIN/498 ID, and at least three comparable references.

16. CONTRACT TERM

Initial term: five (5) years. Renewal options: up to five (5) additional one-year terms. Renewal is at the sole discretion of MCPS and subject to satisfactory performance, available funding, applicable procurement requirements, E-rate requirements, and required approvals.

MCPS plans to enter a contractual agreement with Respondent(s) to whom the award is made and intends to make MCPS General Contract Articles, attached hereto and incorporated herein as Attachment A, part of the contractual agreement, except and unless modified by MCPS.

Proposals must clearly identify any variances from or objections to the specifications in this RFP and the terms and conditions of the MCPS General Contract Articles. Lacking any response to the contrary, MCPS will infer that the Respondent(s) agrees to the specifications of this RFP and each term and condition of the MCPS General Contract Articles. Respondents should note that any variance may provide a basis for MCPS to reject the proposal. In particular, the provisions set forth in Articles 5, 12-14, 16-18, 21-24, 26, and 28 of the MCPS General Contract Articles are non-negotiable.

MCPS reserves the right to cancel the contract in whole or in part at any time in accordance with Articles 12 and13, MCPS General Contract Articles. MCPS also reserves the right to cancel the contract with a Respondent(s) for failure to comply or failure to fulfill the terms of this contract in accordance with Article 13 of the MCPS General Contract Articles.

Contract award is subject to Board of Education approval.

17. COMPETITIVE BIDDING / EVALUATION

MCPS will evaluate all responsive proposals and select the most cost-effective service offering.

The price of eligible services shall be the primary evaluation factor and weighted more heavily than any other single factor.

MCPS reserves the right to ask clarifying questions about submitted proposals. Respondents also may ask questions that they may have related to this RFP prior to submitting their responses. See RFP Schedule. Only proposals received by the deadline will be considered. Proposals will be screened down to a number of finalists.

MCPS reserves the right to convene a meeting with the top qualified respondents prior to awarding a contract. The purpose of the meeting will be to afford both parties an opportunity to discuss any aspects of the requirements and services that will be performed and clarify any issues. Issues raised during the meeting, which cannot be resolved to the satisfaction of MCPS, shall be cause to reject the proposal.

All respondents are advised that in the event of receipt of an adequate number of proposals, which, in the opinion of MCPS require no clarification and/or supplementary information, such proposals may be evaluated without further discussion. Therefore, proposals should be submitted initially on the most complete and favorable terms and conditions. Should proposals submitted require additional clarification and/or supplementary information, respondents should be prepared to submit such additional clarification and/or supplementary information, in a timely manner, when requested.

Proposals meeting all requisite criteria will be evaluated. Those who do not meet requisite criteria will not be evaluated further.

Once all responses are evaluated, MCPS staff may make a recommendation to the MCPS Board of Education to award the contract or decide to rebid.

MCPS may request clarification, reject non-responsive proposals, issue addenda, reject any or all proposals, negotiate where permitted, and require Board approval before contract execution.

The MCPS Project Manager for this solicitation is:

Angela King Project Manager, Telecommunications Montgomery County Public Schools 45 W. Gude Drive, Suite 3300 Rockville, MD 20850

18. E-RATE FUNDING CONDITION

E-rate funding is not guaranteed and nothing in this RFP guarantees a particular discount. MCPS will not use E-rate funds for ineligible services or components. The Respondent shall cooperate with USAC requests for clarification, documentation, cost allocation, or other information regarding the service.

19. PROPOSAL CONTENT / EXCEPTIONS

Each proposal shall include: Cover Letter; Executive Summary; Company Profile; Technical Solution; Fiber Transport; Internet Backbone/Peering; BGP Configuration; Bandwidth Pricing;

DDoS Solution; SLA; 24x7x365 Support; Implementation Plan; Demarcation; E-rate Eligibility/Cost Allocation; Five-Year Pricing; Renewal Pricing; References; Exceptions; and Signed Respondent Certification.

Respondents shall identify every exception by RFP section, requirement, exception, reason, and proposed alternative. A general statement that exceptions may exist is insufficient.

20. REQUIRED DDoS RESPONSE

DDoS Requirement Respondent Response Protection type Maximum mitigation capacity

Layer 3 protection Layer 4 protection Layer 7 protection Automated mitigation Scrubbing capability Maximum detection time Target mitigation time 24x7x365 monitoring Customer alerting Customer portal BGP traffic diversion Routing/configuration requirements E-rate eligibility determination DDoS MRC at 60 Gbps DDoS MRC at 500 Gbps DDoS one-time charges SLA/service credits

21. RFP SCHEDULE

Milestone Date FCC Form 470 / RFP Posted October 16, 2026 Questions Due October 22, 2026 (4:00 PM) Addendum / Answers October 28, 2026 (4:00 PM) Proposals Due November 25, 2026 (2:00 PM) Evaluation Complete December 4, 2026 Board Approval January 28, 2027 Service Start July 1, 2027

22. RESPONSE INSTRUCTIONS to QUESTIONS Questions to the RFP shall be submitted in the same order as the RFP and provide section number.

All questions must be submitted electronically to Saudy_EspinalDeVeloz@mcpsmd.org and the Department of Procurement at procurement@mcpsmd.org no later than 4:00 p.m. Eastern time on October 22, 2026. The addendum/answers will be posted on MCPS’ Procurement website www.montgomeryschoolsmd.org/departments/ procurement/ and on eMaryland Marketplace Advantage (EMMA) website https://emma.maryland.gov/page.aspx/en/usr/login no later than the close of business on October 28, 2026, Eastern time and to the Universal Services Administrative Company (USAC) website https://opendata.usac.org/stories/s/ejcg-sjaz.

MCPS will not be responsible for any oral or telephone explanation or interpretation by any agent or employee of MCPS.

23. RESPONSE INSTRUCTIONS to RFP Responses should be submitted in PDF format. Pricing should be submitted on an Excel spreadsheet. Responses to this RFP shall be submitted in the same order as the RFP and provide mailto:Saudy_EspinalDeVeloz@mcpsmd.org mailto:procurement@mcpsmd.org http://www.montgomeryschoolsmd.org/departments/procurement/ https://emma.maryland.gov/page.aspx/en/usr/login https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fopendata.usac.org%2Fstories%2Fs%2Fejcg-sjaz&data=05%7C02%7CAngela_King%40mcpsmd.org%7C4061d43226054a9aec3308ddeb17f4cf%7Cddf755e9bcd64a5ea4727c378a78c6c7%7C0%7C0%7C638925210328524620%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=1T9MwHcgV4JxL1PqfYkxbqWYPgGAv2FlNrmkTnx26CQ%3D&reserved=0 a detailed response to each RFP specification. Respondents shall include any and all statements and representations made within their proposal in the contract for services with MCPS. This includes, but is not limited to, the Respondent’s point-by-point response to this RFP. If the Respondent responds only “Understand and comply,” it is assumed that the Respondent complies with MCPS’ understanding of the requirement. Company background and relevant experience in education sector deployments. Detailed technical specifications for proposed solution. Proposed timeline for delivery, setup, and deployment for July 1, 2027. Customer references from similar large-scale educational deployments. Service Provider Identification Number (SPIN) must be included.

24. SUBMISSION INSTRUCTIONS:

Proposals must be submitted electronically to Saudy_EspinalDeVeloz@mcpsmd.org no later than 2:00 p.m. Eastern time on November 25, 2026. The MCPS Procurement website address is www.montgomeryschoolsmd.org/departments/procurement/. Late proposals will not be considered.

25. DISQUALIFICATIONS:

Contact by respondents with any other MCPS employee regarding this proposal until the contract is awarded by MCPS will be considered by MCPS as an attempt to obtain an unfair advantage and result in a non-consideration of its response. Immediate disqualification shall include any questions or proposals received after the due date and time, incorrect/incomplete submission, irrelevant pricing, incorrect scope of work, or no Service Provider Identification Number (SPIN) included. SPAM and robotic bids will not be considered valid response and will be disqualified from this procurement.

26. AWARDS:

It is the intention to award this contract to the vendor(s) submitting the most favorable unit prices with consideration being given to any previous performance for MCPS as to quality and reliability of service, suitability, capabilities and manageability of devices, compatibility with the MCPS infrastructure, and with regard to the vendor(s) experience in a K-12 environment. Cost will be the most heavily weighted criteria. Different vendors may be selected depending on the schools’ current infrastructure. However, MCPS reserves the right to make the awards according to the best interests of MCPS. In addition, MCPS reserves the right to remove or add additional items to the specifications as our requirements change, as well as adding vendors throughout the contract term should a need arise that cannot be facilitated by an awarded vendor.

27. ADDITIONAL INFORMATION:

MCPS shall not be obligated to purchase any specific quantities or dollar amount. The item quantities specified herein reflect estimated quantities that may be modified (increased or decreased). It is not the intention to purchase entire quantities shown at one time. Individual purchase orders will be issued to the successful vendor(s) as needs arise during the contract term.

The quantities and associated dollar volume are subject to change and purchases are dependent upon the requirements of MCPS and on budgetary limitations. Orders will be placed from time to time throughout the contract term for delivery to MCPS locations.

mailto:Saudy_EspinalDeVeloz@mcpsmd.org http://www.montgomeryschoolsmd.org/departments/procurement/ http://www.montgomeryschoolsmd.org/departments/procurement/

The MCPS General Contract Articles are incorporated herein and made a part of this RFP as Attachment A. Any variances from the terms and conditions of the MCPS General Contracting Articles and the RFP, the RFP shall prevail. Any objections to the terms and conditions of the MCPS General Contracting Articles must be listed, including a justification for any such variances.

To comply with regulations for securing E-Rate funding, MCPS will be posting a Form 470 for these services simultaneously with the release of this proposal on the Universal Services Administrative Company (USAC) website https://opendata.usac.org/stories/s/ejcg-sjaz

Maryland law requires local and state agencies to post solicitations on eMaryland Marketplace Advantage (EMMA). Registration with EMMA is free. It is recommended that any interested supplier register at https://emma.maryland.gov/page.aspx/en/usr/login regardless of the award outcome for this solicitation as it is a valuable resource for upcoming bid notifications for municipalities throughout Maryland.

28. WORK-BASED LEARNING FOR EMPLOYERS:

In an effort to build a robust program to offer students work opportunities through apprenticeships and internships, MCPS partners with employers to find talented youth for high demand careers. MCPS trains and supports youth employees for your MCPS so you can help our talented youth move into careers that support your business.

Please acknowledge below your interest in partnering with MCPS and the work-based learning program. If you are not interested in participating in this program, it does not impact the award of this solicitation favorably or negatively.

Yes, I am interested in partnering If yes, please complete the information in the following link and someone will contact you with more information: MCPS Employer Interest Form

No, I am not interested in partnering

29. ANTI-LOBBING:

The Contractor will comply with the Byrd Anti-Lobbing Amendment (31 U.S.C 1352) and certifies to the tier above that it will not and not used Federal appropriated funds to pay a person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by U.S.C 1352. If applicable, contractor will complete the disclosure of lobbying with non-Federal funds using Lobbying Activities Form (Form SF-LLL) and submit to {insert name of contracting entity} annually.

https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fopendata.usac.org%2Fstories%2Fs%2Fejcg-sjaz&data=05%7C02%7CAngela_King%40mcpsmd.org%7C4061d43226054a9aec3308ddeb17f4cf%7Cddf755e9bcd64a5ea4727c378a78c6c7%7C0%7C0%7C638925210328524620%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=1T9MwHcgV4JxL1PqfYkxbqWYPgGAv2FlNrmkTnx26CQ%3D&reserved=0 https://emma.maryland.gov/page.aspx/en/usr/login https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.montgomeryschoolsmd.org%2Fdepartments%2Fwork-based-learning%2Femployers%2F&data=05%7C02%7CAngela_King%40mcpsmd.org%7Cd7c09580bc49471b107408ddec89a244%7Cddf755e9bcd64a5ea4727c378a78c6c7%7C0%7C0%7C638926798056570135%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=SZpi1ETuOoYGgwlGNxuzLEvbyMhqzrQYRuCutgWRwDU%3D&reserved=0 https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.montgomeryschoolsmd.org%2Fdepartments%2Fwork-based-learning%2Femployers%2F&data=05%7C02%7CAngela_King%40mcpsmd.org%7Cd7c09580bc49471b107408ddec89a244%7Cddf755e9bcd64a5ea4727c378a78c6c7%7C0%7C0%7C638926798056570135%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=SZpi1ETuOoYGgwlGNxuzLEvbyMhqzrQYRuCutgWRwDU%3D&reserved=0 https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.montgomeryschoolsmd.org%2Fdepartments%2Fwork-based-learning%2Femployers%2F&data=05%7C02%7CAngela_King%40mcpsmd.org%7Cd7c09580bc49471b107408ddec89a244%7Cddf755e9bcd64a5ea4727c378a78c6c7%7C0%7C0%7C638926798056570135%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=SZpi1ETuOoYGgwlGNxuzLEvbyMhqzrQYRuCutgWRwDU%3D&reserved=0 https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.montgomeryschoolsmd.org%2Fdepartments%2Fwork-based-learning%2Femployers%2F&data=05%7C02%7CAngela_King%40mcpsmd.org%7Cd7c09580bc49471b107408ddec89a244%7Cddf755e9bcd64a5ea4727c378a78c6c7%7C0%7C0%7C638926798056593153%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=xYzPmUZkQDr4UrMRxpCdCKVZgxKbTMD3JW47BeX906Y%3D&reserved=0

By (Signature)

Name and Title

Witness Name and Title

30. RESPONDENT CERTIFICATION

Company Name:

Authorized Representative:

Title:

Signature:

Date:

SPIN / 498 ID:

FCC Provider ID:

ATTACHMENT A

(MCPS General Contract Articles)

ARTICLE 1. DESCRIPTION AND GENERAL INTENT

For the purposes of these MCPS General Contract Articles, “MCPS” refers to the Board of Education of Montgomery County, which operates a system of public schools commonly known as Montgomery County Public Schools, and “Contractor” refers to the entity awarded a Contract pursuant to authorization by MCPS in accordance with applicable laws, Board of Education policies, and MCPS regulations. Together MCPS and the Contractor are collectively referred to as the “Parties” and each individually as a “Party.” The term “Contract” refers to these MCPS General Contract Articles and any other contract documents duly executed by the Parties that expressly incorporate these MCPS General Contract Articles by reference, as well as any request for proposals (RFP) or solicitation by MCPS, the Contractor’s proposal or bid in response, if satisfactory to MCPS in its sole discretion, and any Contract award notification issued by MCPS.

ARTICLE 2. MCPS PROJECT CONTACT

The MCPS Project Contact is responsible for the technical and programmatic aspects of the Contract and is the technical and programmatic liaison with the Contractor. The MCPS Project Contact is responsible for the review and approval of any and all deliverables, products, and/or services, and such other responsibilities as may be specified in the Contract. The MCPS Project Contact is not authorized to make any commitments, otherwise obligate MCPS, or make any changes which affect the Contract price, terms, or conditions. Any Contractor requests for changes to the Contract price, terms, or conditions shall be referred to the Director of the MCPS Department of Procurement or designee. No such changes shall be made without the written authorization of the Procurement Director. The MCPS Project Contact may be changed at any time, provided that notification of the change, including the name and address of the successor MCPS Project Contact, is provided to the Contractor in writing. Any written notice by the Contractor to MCPS required under the Contract shall be provided to the Procurement Director, with a copy to the MCPS Project Contact, using contact information available on the MCPS website.

ARTICLE 3. INDEPENDENT CONTRACTOR

The Parties agree that the Contractor is an independent contractor under the Contract and will in no way be considered to be an agent, partner, or employee of, or joint venture with, MCPS. Neither the Contractor nor its employees, agents, affiliates, or subcontractors will be entitled to any benefits, coverage, or other privileges made available to MCPS employees.

ARTICLE 4. KEY CONTRACTOR PERSONNEL

Any of the Contractor’s key personnel, identified as such in the Contract, are considered to be essential to the work being performed under the Contract. Prior to diverting any such key personnel to other programs, the Contractor shall notify the MCPS Project Contact reasonably well in advance and submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the Contract. No diversion shall be made by the Contractor without the written consent of the MCPS Project Contact. Failure to obtain the approval of the MCPS Project Contact as required or to propose replacement personnel acceptable to the MCPS Project Contact may be cause for termination pursuant to Article 13. MCPS reserves the right to require that the Contractor replace any key personnel or any individual charged to the Contract at any point during the Contract term if MCPS determines that this action is in its best interests.

ARTICLE 5. CONTRACTOR RESPONSIBILITY

A. The Contractor shall furnish all personnel, materials, products, tools, services, and facilities necessary to perform the requirements set forth in the Contract. All deliverables, products, and/or services required by the Contract shall be submitted to the MCPS Project Contact according to the kinds and dates indicated in the Contract. MCPS has relied upon the professional ability and training of the Contractor as a material inducement to enter into the Contract. The Contractor hereby agrees that all of the Contractor’s work shall be performed in a professional and workmanlike manner, through only qualified and appropriately trained personnel, and consistent with the highest industry standards in compliance with applicable federal, state, and county laws and regulations—it being understood that acceptance of the Contractor’s work by MCPS shall not operate as a waiver or release of the Contractor’s obligations.

B. The Contractor acknowledges and agrees that time is of the essence with respect to its obligations under the Contract and that prompt and timely performance of all such obligations, including conformance with all timetables and other requirements of the Contract, is strictly required.

C. The Contractor shall obtain any licenses or permits necessary for performance of the work required under the Contract. In the event the work to be performed by the Contractor must by law or regulation be provided by individuals who are licensed and/or certified to provide certain Professional Services, the Contractor shall only assign individuals to perform work under the Contract who are licensed and/or certified in accordance with applicable law, and all such individuals shall maintain their license and/or certification in good standing (not under review or subject to suspension) during the entire term of the Contract. “Professional Services” for the purpose of the Contract shall mean any service provided by a licensed, certified, or otherwise documented professional. Upon request by MCPS, the Contractor shall promptly submit documentation to the MCPS Project Contact that the individuals assigned to provide Professional Services under the Contract are properly licensed and/or certified.

D. Any performance or bid bond obligations of the Contractor will be as described in the RFP or solicitation.

E. Whenever the Contractor has knowledge that any actual or potential situation (including, but not limited to, labor disputes) delaying or threatening to delay the timely performance of the work under the Contract or a force majeure event as described in Article 7, the Contractor shall immediately give written notice, including all relevant information, to the Procurement Director.

F. The Contractor shall comply with all applicable federal, state, and county laws and regulations, as well as all applicable safety requirements, Board of Education policies, and MCPS regulations issued by the Superintendent of Schools. Board of Education policies and MCPS regulations are available at this link:

www.montgomeryschoolsmd.org/departments/policy/. This obligation includes but is not limited to Board of Education Policy ACA, Nondiscrimination, Equity, and Cultural Proficiency (“Board Policy ACA”), which prohibits discrimination based on actual or perceived personal characteristics, including race, ethnicity, color, ancestry, national origin, religion, immigration status, sex, gender, gender identity, gender expression, sexual orientation, family/parental status, marital status, age, physical or mental disability, poverty and socioeconomic status, language, or other legally or constitutionally protected attributes or affiliations. Consistent with Board Policy ACA and applicable federal, state, and county laws and regulations, the Contractor will not discriminate against any of its employees or applicants for employment because of the actual or perceived personal characteristics listed above. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to these actual or perceived personal characteristics. In addition, the Contractor agrees to provide such accommodations as are required under federal, state, and county laws and regulations, including but not limited to the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973.

G. The Contractor shall provide a drug-free workplace in accordance with the Drug-Free Workplace Act of

1988 and its implementing regulations, Board of Education Policy IGN, Preventing Alcohol, Tobacco, and other Drug Abuse in Montgomery County Public Schools, and MCPS Regulation COF-RA, Alcohol, Tobacco, and other Drugs on Montgomery County Public Schools Property.

H. Violation of this Article constitutes a breach of contract for which MCPS may terminate the Contract pursuant to Article 13 and/or pursue any other appropriate remedy.

http://www.montgomeryschoolsmd.org/departments/policy/

ARTICLE 6. SUBCONTRACTORS

Work performed under the Contract shall not be subcontracted without advance written approval of the Procurement Director; nor shall any substitution of subcontractors be made without such advanced approval in writing. For the purposes of this Section, “subcontracting” includes the use of third-party platforms software-as-a-service (SaaS) providers, or infrastructure hosts used to deliver the Services. The Contractor shall include provisions in its subcontracts and third-party platform agreements requiring its subcontractors and providers to comply with the Contract, to indemnify, defend, and hold harmless MCPS, and to provide insurance coverage for the benefit of MCPS, in a manner consistent with the Contract. Furthermore, the Contractor shall ensure that all terms and conditions related to data security, privacy, and service levels “pass through” to any third-party platform provider. Any costs associated with third-party platform usage shall be treated as pass-through costs only to the extent explicitly authorized in the Pricing Schedule; otherwise, the Contractor remains solely responsible for such expenses. The Contractor also shall cause its employees, agents, affiliates, third-party providers, and subcontractors to comply with the Contract and adopt such review, audit, and inspection procedures as are necessary to assure such compliance.

ARTICLE 7. FORCE MAJEURE

Neither Party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic event. Should there be such an occurrence that impacts the ability of either Party to perform its responsibilities under the Contract, the nonperforming Party shall give immediate written notice to the other Party to explain the cause and probable duration of any such nonperformance. If the Procurement Director determines that a failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly, subject to the rights of MCPS to invoke Articles 12 and 13.

ARTICLE 8. PAYMENT TERMS AND CONDITIONS

A. The Contractor certifies that all information the Contractor has provided or will provide to MCPS is true and correct and can be relied upon by MCPS in awarding, modifying, making payments, or taking any other action with respect to the Contract including resolving disputes. Any false or misleading information is a ground for MCPS to terminate the Contract pursuant to Article 13 and/or pursue any other appropriate remedy. The Contractor certifies that the Contractor’s accounting system conforms to generally accepted accounting principles, is sufficient to comply with the Contract’s obligations, and produces reliable financial information.

B. The prices, rates and other compensation for work performed is as described in the Contract.

C. The Contractor’s invoices shall be approved for payment by the MCPS Project Contact only after the MCPS Project Contact is satisfied that the Contractor is performing the work and has prepared the invoice as required by the Contract. Prior to approving any Contractor invoices for payment, MCPS, through any authorized representative, has the right at all reasonable times to inspect, or otherwise evaluate, the work performed or being performed at the premises on which it is being performed. If any inspection or evaluation is made by MCPS on the premises of the Contractor or any of its subcontractors, the Contractor shall provide and shall require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of MCPS representatives in the performance of their duties.

All inspections and evaluations shall be performed so that they will not unduly delay the work.

D. Within thirty (30) days after receipt of each invoice and accepting the work, MCPS shall, except as provided in the Contract, pay for the work performed when approved by the MCPS Project Contact. A payment schedule will be jointly developed between MCPS and the Contractor. MCPS reserves the right to submit payment using an electronic payment method, such as credit card, Single Use Account, or Automated Clearing House. The Contractor shall not assess MCPS with any additional charge, fee, or price for the use of these electronic payment methods.

E. Regardless of any other provisions of the Contract, failure of the Contractor to submit required reports when due or failure to perform or deliver acceptable work, deliverables, products, or services will result in MCPS withholding payments under the Contract unless such failure arises pursuant to Article 7 and without the fault or negligence of the Contractor. MCPS shall promptly notify the Contractor of its intention to withhold payment of any invoice submitted.

F. MCPS is tax exempt as a governmental entity. The Contractor shall be responsible for all federal and/or state tax, and Social Security liability that may result from the performance of and compensation for its work. MCPS assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees, agents, affiliates, and/or subcontractors by reason of the Contract.

G. If at any time MCPS determines that a cost for which payment has been made is a disallowed cost, such as overpayment, MCPS shall notify the Contractor in writing of the disallowance or claim for unallowable costs. MCPS shall also state the means of correction, which may be, but shall not be limited to, adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor.

ARTICLE 9. CHANGES

The Procurement Director may, at any time, make non-material changes that are within the original general scope of the Contract and the RFP or solicitation in any one or more of the following: (i) specifications or statement of work, and (ii) place of performance or delivery. If any such changes cause an increase or decrease in the cost of or the time required for the performance of the Contract, whether changed or not changed by any such order, an equitable adjustment shall be made: (i) in the Contract price or time of performance or both; and/or (ii) in such other provisions of the Contract as may be so affected; and the Contract shall be modified in writing accordingly.

Any claim by the Contractor for adjustment under this Article must be asserted within thirty (30) days from the date of receipt by the Contractor of the notification of change, however, if the Procurement Director decides that the facts justify such action, the Procurement Director may receive and act upon any such claim asserted at any time prior to final payment under the Contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of Article 15.

ARTICLE 10. AUDIT AND DOCUMENT RETENTION

During the term and for three (3) years thereafter, the Contractor shall: (i) maintain complete and accurate books and records regarding its business operations relevant to the calculation of amounts payable under the Contract and any other information relevant to the Contractor’s compliance with the terms and conditions of the Contract;

and (ii) upon MCPS’ request, make such books and records, as well as any of its employees, agents, affiliates, or subcontractors who might reasonably have information related to such records, available during normal business hours for inspection and audit by MCPS or its authorized representative, provided that MCPS shall: (a) provide the Contractor with reasonable prior notice of any audit; (b) undertake an audit no more than once per calendar year, except for good cause shown; and (c) conduct or cause to be conducted such audit in a manner designed to minimize disruption of the Contractor’s normal business operations.

ARTICLE 11. TERM OF CONTRACT

Unless otherwise specified in the Contract, the term of Contract shall be for one year, provided that the Contract is not terminated pursuant to Article 12, 13, or 14. After the initial term, MCPS, in its sole discretion, reserves the right to extend the Contract if agreed to by both Parties.

ARTICLE 12. TERMINATION FOR CONVENIENCE

The Contract may be terminated in whole or in part by MCPS whenever the Superintendent of Schools, or an authorized designee, determines that such a termination is in MCPS’ best interest. Any such termination shall be affected by delivery of a notice of termination to the Contractor, at least ten (10) business days prior to the termination date. The notice of termination shall specify the extent to which performance shall be terminated and the date upon which such termination becomes effective. The Contractor shall be entitled to receive just and equitable compensation for any work completed, as determined by MCPS, but no amount shall be allowed for anticipated profit on unperformed work. In the event of such termination, all finished and unfinished deliverables, documents, data, studies, surveys, drawings, maps, models, and reports prepared by the Contractor under the Contract shall become the property of MCPS.

ARTICLE 13. TERMINATION FOR CAUSE

A. Termination for Cause by MCPS

1. If, through any cause (other than as set forth in Article 7), the Contractor fails to fulfill in a timely manner its obligations under the Contract, or if the Contractor violates any of the covenants, agreements or stipulations of a Contract (hereinafter a “Default”), MCPS shall have the right to terminate the Contract, in addition to MCPS’ remedies in the Contract and all other rights available at law or in equity. Such termination shall be effected by MCPS delivering a written notice of termination to the Contractor, which notice may, in the sole discretion of MCPS, provide for a period of up to thirty (30) days for the Contractor to cure the Default. If MCPS provides for an opportunity to cure the Default and the Default is not remediated within the specified period, as determined by MCPS, MCPS shall issue a final notice of termination specifying the effective date of such termination.

2. A Contractor bankruptcy or bankruptcy event shall be deemed grounds for a termination for cause.

3. MCPS shall have the right to terminate Contract in the event of a Data Security Event.

4. In the event of such termination for cause, all finished and unfinished deliverables, documents, data, studies, surveys, drawings, maps, models, and reports prepared by the Contractor under the Contract shall become the property of MCPS.

5. A termination for cause is a termination for convenience if the termination for cause is later found to be without justification.

6. The Contractor shall be entitled to receive just and equitable compensation for any work completed prior to termination, as determined by MCPS, but no amount shall be allowed for anticipated profit on unperformed work.

7. Notwithstanding the foregoing provisions, the Contractor shall not be relieved of liability to MCPS for damages sustained by MCPS by virtue of any breach of Contract by the Contractor for the purposes of set off, until the exact amount of said damages is ascertained.

B. Termination for Cause by the Contractor

1. If, through any cause (other than as set forth in Article 7), MCPS is in breach of the Contract and has not cured such breach within thirty (30) days of written notice from the Contractor specifying the same, the Contractor shall have the right to immediately terminate the Contract. Such termination shall be effected by delivering a notice of termination to the Procurement Director specifying the effective date of such termination.

ARTICLE 14. NON-APPROPRIATION

If the term of the Contract, or any Contract extension, extends beyond the end of the MCPS fiscal year (July 1 to June 30) in which the Contract was awarded or extended, and the approved MCPS budget for the subsequent fiscal year does not appropriate sufficient funds that may be utilized for the Contract, the Contract shall no longer be in force and effect upon the expiration of the current fiscal year funding. In this event, upon expiration of the current fiscal year funding, MCPS shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other consideration under the Contract, and the Contractor shall not be obligated to perform any further work under the Contract. If the approved MCPS budget for the subsequent fiscal year reduces funding available for the Contract, MCPS shall have the option, in its sole discretion, to cancel the Contract with no liability occurring to MCPS, or offer a Contract amendment to the Contractor reflecting the reduced amount, which the Contractor may accept in lieu of termination.

ARTICLE 15. DISPUTES

The Parties shall collaborate to resolve any disputes arising under the Contract. In the event that the Parties are not able to resolve a dispute concerning a question of fact arising under the Contract, the dispute shall be submitted in writing to the Procurement Director for a determination. The Contractor may appeal the decision of the Procurement Director in writing to the Superintendent of Schools, whose decision shall be final. This Article does not preclude consideration of questions of law arising under the Contract, provided that nothing in the Contract shall be construed as making final the decision of any MCPS official, representative, or the Board of Education on a question of law. THE PARTIES SPECIFICALLY AGREE THAT NO DISPUTE OR CAUSE

OF ACTION ARISING OUT OF THE CONTRACT SHALL BE SUBMITTED TO ARBITRATION OR

MEDIATION, AND THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN ANY COURT OF

COMPETENT JURISDICTION OR ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY

ONE AGAINST…