RFP_PUR-25-003_Physical_Education_Supplies_12-18-2024.pdf

De’Nerika Johnson, MBA, CPPO, NIGP-CPP | denerika.johnson@pgcps.org

13300 Old Marlboro Pike | Upper Marlboro, MD 20772 | 301-952 6560

RFP PUR-25-003 Physical Education Supplies and Equipment

REQUEST FOR PROPOSAL

RFP PUR-25-003 Physical Education Supplies

ISSUED BY:

The Department of Purchasing & Supply Services

Attention: Diane Forde, Purchasing Clerk

RFP NUMBER:

RFP PUR-25-003

RELEASE DATE:

DECEMBER 19, 2024

PRE-PROPOSAL MEETING:

QUESTIONS DUE DATE:

N/A

JANUARY 07, 2025

PROPOSAL DUE DATE:

JANUARY 15, 2025

DIRECT INQUIRIES TO PROCUREMENT:

ASTRINE.COVINGTON@PGCPS.ORG

DIANE.FORDE@PGCPS.ORG

To All Prospective Offerors:

Prince George’s County Public Schools (PGCPS) is seeking competitive proposals for Athletic and

Physical Education Equipment and Supplies with related Accessories. PGCPS anticipates awarding multiple offerors.

Solicitation Documents may be obtained by:

Download the solicitation by clicking on the provided links:

https://drive.google.com/drive/folders/1a6tEalK3NTPb38c4_gZjPo6M5DSnsASS

Download the solicitation by accessing eMaryland Marketplace link: https://ebidmarketplace.com/

Please respond according to the instructions provided in the RFP. Offerors are cautioned not to make changes to any of the terms and conditions or specifications in this solicitation, doing so may render an Offeror’s Proposal unacceptable and subject to rejection.

The Department of Purchasing & Supply Services is not responsible for information obtained from sources outside the Prince George’s County Purchasing Office, including downloads from the County web-site. Offerors are directly responsible for obtaining updates, changes or addendums either from the updated web-page or by contacting the Purchasing Office for instruction.

The named procurement contacts are the only persons authorized to answer questions regarding this RFP. Offerors should not rely on information obtained from any source other than the listed points of contact.

mailto:denerika.johnson@pgcps.org mailto:ASTRINE.COVINGTON@PGCPS.ORG mailto:DIANE.FORDE@PGCPS.ORG https://drive.google.com/drive/folders/1a6tEalK3NTPb38c4_gZjPo6M5DSnsASS https://ebidmarketplace.com/

• Questions must be submitted in writing and via email.

• Questions must be received by the specified due date.

• Questions received after the specified date may not be answered.

• All questions submitted timely will be responded to in the form of an addendum.

• Oral communications are not binding. PGCPS will only respond to questions submitted in writing.

Failure to adhere to this requirement may subject the Offeror to immediate disqualification.

TABLE OF CONTENTS

Contents

2. PURPOSE

3. SUMMARY OF PRODUCTS AND SERVICES

1. NON-EXCLUSIVE

2. OFFERORS IN LEGAL PROCEEDINGS WITH PGCPS

3. PERIOD OF PERFORMANCE

4. OPTION TO EXTEND SERVICE

5. CONTRACT TYPE

6. CONTINUITY OF SERVICES

7. BONDING

8. POINT OF CONTACTS

PART II: INSTRUCTIONS TO OFFERORS

1. OFFEROR KNOWLEDGE OF TERMS AND CONDITIONS

2. PROPOSAL SCHEDULE

3. PROPOSAL SUBMISSION REQUIREMENTS

4. PROPOSAL MARKINGS

5. OFFEROR SUBMISSION LAYOUT

PART III: SCOPE OF WORK

1.0 INTRODUCTION

2.0 BACKGROUND

3.0 SCOPE OF WORK

PART IV: PROPOSAL EVALUATION AND AWARD

1. EVALUATION COMMITTEE

2. EVALUATION PROCESS

3. EVALUATION CRITERIA

PART V: GENERAL TERMS AND CONDITIONS

1. PARTNERSHIPS

2. CORPORATIONS

3. SAMPLES

4. PROPOSAL PREPARATION FEES

5. RIGHT TO PROTEST

6. APPEAL OF CONTRACT AWARD DECISION:

7. COMMENCEMENT OF SERVICES

8. ADDENDA

9. STATEMENT OF CONFIDENTIALITY

10. TERM OF AGREEMENT

11. PRE-PROPOSAL MEETING (Not Applicable)

12. PAYMENT TERMS

13. MINORITY BUSINESS ENTERPRISE PROGRAM

14. LOCAL MBE INITIATIVE

15. MINORITY BUSINESS ENTERPRISE PROHIBITIONS

16. E- COMMERCE

17. CYBER LIABILITY INSURANCE

18. LIQUIDATED DAMAGES

19. FINGERPRINT CRIMINAL HISTORY BACKGROUND CHECKS, CHILD PROTECTIVE

SERVICE CLEARANCES, AND SAFE SCHOOLS TRAINING REQUIREMENTS

20. EDUCATIONAL/MEDICAL/PSYCHOLOGICAL RECORDS

21. PROTECTION OF STUDENT RECORDS

22. LEGAL COMPLIANCE

23. EPA COMPLIANCE

24. STATE OF MARYLAND CERTIFICATE OF GOOD STANDING

25. PERSONAL IDENTIFIABLE INFORMATION (PII)

26. OFFEROR PERFORMANCE EVALUATION

PART VI: SPECIAL TERMS AND CONDITIONS

1. REQUEST FOR PROPOSAL

2. GENERAL REQUIREMENTS

3. PRICES

4. ITEM DELIVERY

5. GUARANTEE AND WARRANTIES

6. ANNULMENTS AND RESERVATIONS

7. TERMINATION OF CONTRACT

8. GOVERNING LAW & VENUE

9. CONTRACT TERMS AND CONDITIONS

10. CHANGES IN TERMS OR DELIVERY

APPENDIX A – PROPOSAL AND ADDENDA ACKNOWLEDGEMENT

APPENDIX B – PAST PERFORMANCE AND REFERENCES

APPENDIX C - NON-COLLUSION CERTIFICATE

APPENDIX D - DEBARMENT AFFIDAVIT

APPENDIX E - ANTI-BRIBERY AFFIDAVIT

APPENDIX F - CERTIFICATE OF INSURANCE COVERAGE

APPENDIX G - FINANCIAL PROPOSAL TERMS

APPENDIX H - MBE FORM

APPENDIX I – STATE OF MARYLAND TAX CERTIFICATION

APPENDIX J – CERTIFICATION OF COMPLIANCE

APPENDIX K – VENDOR CONFLICT OF INTEREST DISCLOSURE FORM

ATTACHMENT A – COST PROPOSAL FORM

ATTACHMENT B – LETTER OF INTEREST FOR PRE-PROPOSAL CONFERENCE

EXHIBIT A

1. PART I: INTRODUCTION AND BACKGROUND:

The Board of Education of Prince George’s County (The Board) serves the needs of public education in Prince George’s County, covering approximately 1,789 square miles, with a residential population of more than 904,430. Prince George's County Public Schools (PGCPS), one of the nation's 20th largest school districts, has 208 schools and centers, has approximately 131,657 students and nearly 22,000 employees and an annual operating budget of $2.3 billion.

The school system serves a diverse student population from urban, suburban and rural communities located in the Washington, DC suburbs. PGCPS is nationally recognized for college and career-readiness programs that provide students with unique learning opportunities, including dual enrollment and language immersion. The Central administration headquarters is located at 14201 School Lane, Upper Marlboro, Maryland.

2. PURPOSE

The Board of Education of Prince George’s County (The Board) is issuing this Request for Proposal (RFP) to provide Physical Education Supplies and Equipment as defined in Part III, Scope of Work. The ability to order supplies and equipment are available for all schools within the Prince George’s County

Public School system.

3. SUMMARY OF PRODUCTS AND SERVICES

The Board is soliciting offerors to establish a contract for a comprehensive product of offerings with the ability to provide PGCPS Physical Education Supplies and Equipment. PGCPS reserves the right to make multiple contract award(s) for physical education supplies and equipment on an as-need basis.

Offerors are encouraged to offer their complete catalog and services.

PGCPS is seeking proposals for Physical Education Equipment and Supplies with related Accessories.

PGCPS seeks solutions that include, but are not to be limited to:

● Physical education equipment, including: activity balls; classroom activities;

adapted physical education equipment; equipment packs; field day games and activities; outdoor education; dance, rhythm and movement; and team building

● Installation services related to and in connection with the purchase of equipment and products described above.

4. NON-EXCLUSIVE

The intent of this contract is to provide the Board with an expedited means of procuring supplies and/or services at the lowest cost. This contract is for the convenience of the Board and is considered to be a

"Non-Exclusive" use contract. The Board does not guarantee any usage. The Board will not be held to purchase any particular Brand, in any groups, prices or discount ranges, but reserves the right to purchase any item/service listed in the price schedule submitted under Attachment A, Cost Proposal.

5. OFFERORS IN LEGAL PROCEEDINGS WITH PGCPS

PGCPS recognizes the significant costs and imposition on the time of personnel associated with legal proceedings. Accordingly, PGCPS has adopted a process stating that:

“One factor, among others, that are to be considered when awarding a contract or purchase order is the existence of a pending legal dispute – whether in court or an alternative dispute forum – with any Vendor or Offeror which has submitted a Proposal. Before including consideration of the legal dispute as a factor, the Procurement Officer shall seek the advice of the Office of General Counsel regarding the legal dispute and shall obtain the concurrence of the CEO or his designee.”

6. PERIOD OF PERFORMANCE

The term of this Contract begins on the date the Notice of Award is signed by both the Offeror and The

BOARD (the “Effective Date”) and shall continue for a period of three (3) years (“Initial Term”). In its sole discretion, The Board shall have the unilateral right to renew the Contract for two (2) one (1) year option periods successive (each a “Renewal Term”) at the prices established at contract award. “Term” means the Initial Term and any Renewal Term(s).

7. OPTION TO EXTEND SERVICE

The Board may require continued performance of any services within the limits and at the rates specified in the contract. The option to extend provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 12 months.

8. CONTRACT TYPE

The contract resulting from this solicitation shall be Fixed Rate requirements. Vendors are encouraged to partner with local Offerors or firms if they don’t meet all the required expertise or MBE requirements.

Subcontractor and or teaming partner information shall be included in response.

9. CONTINUITY OF SERVICES

The Vendor recognizes that the services under this contract are vital to the PGCPS and must be continued without interruption and that, upon contract expiration, a successor, either the PGCPS or another vendor, may continue them. The Vendor agrees to exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

10. BONDING

The Offeror may be required to submit a Bid and or a Performance Bond as indicated below.

A. BID BOND (Not Required) If applicable, the bid bond will be in the amount of five percent (5%) as determined by the BOARD and specified in the RFP, to ensure the satisfactory completion of the work for which a contract or purchase order is awarded that may exceed $100K. (COMAR 21.06.07.10). The bond must be made in favor of the BOARD OF EDUCATION OF PRINCE GEORGE’S

COUNTY, UPPER MARLBORO, MARYLAND 20772-9983.

B. PERFORMANCE AND LABOR BOND (Not Required)

The awarded vendor(s) will be required to submit a performance and/or labor bond, Cashier’s or

Certified Check in the amount of one hundred percent (100%) of the project cost as determined by the BOARD and specified herein to ensure all phases of the project are satisfactory complete for which a contract or purchase order is awarded that exceeds 100K. (COMAR

21.06.07.10). When applicable, the Board reserves the right to request performance and labor bond for amount over or under $100K. The bond, cashier or certified check must be made in favor of the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY and mailed to 13300

Marlboro Pike, Upper Marlboro, Maryland 20772-9983 prior to the start of performance.

11. POINT OF CONTACTS

The Offeror’s performance will be under the direction of the Procurement Department ensuring the

Offeror's compliance with the requirements of this contract to include managing the daily activities of the contract, providing guidance to the contract, and coordination. The Offeror shall be accountable to the end users on all matters relating to the scope of work.

ASTRINE.COVINGTON@PGCPS.ORG

Procurement Specialist

DIANE.FORDE@PGCPS.ORG

Procurement Clerk

Purchasing Services PSSD.Procurement@pgcps.org mailto:ASTRINE.COVINGTON@PGCPS.ORG mailto:PSSD.Procurement@pgcps.org

PART II: INSTRUCTIONS TO OFFERORS

1. OFFEROR KNOWLEDGE OF TERMS AND CONDITIONS

Before submitting Proposals, Offerors are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting a Proposal. Offeror shall acquaint themselves with all State and Federal governing laws, ordinances, etc. and otherwise familiarize themselves with all matters, which may affect the Proposal. The act of submitting a Proposal shall be considered as meaning that the Offeror has to familiarize themselves; therefore, there shall be no misunderstanding or lack of information. Offerors, or their authorized representatives, are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting Proposals. Failure to do so will be at the Offeror's own risk and Offeror cannot secure relief on the plea of error. Neither law nor regulations make allowance for errors of omission or commission on the part of Offerors.

All correspondence concerning the Proposal and contract, including Notice of Award, copy of

Contract, and Purchase Order, will be provided electronically.

2. PROPOSAL SCHEDULE

The Solicitation milestones are listed with target dates are listed below. Please adhere to this schedule unless notified by way of an Addendum.

Solicitation Milestones Milestone Date

1 Issue RFP Solicitation December 19, 2024

2 Pre-Proposal Registration (Attachment B) Not Applicable

3 Pre-Proposal Conference Date and Time Not Applicable

4 Questions Due Date and Time January 7, 2025 @ 2:00PM EST

5 Proposal Due Date and Time January 15, 2025 @ 11:00AM EST

3. PROPOSAL SUBMISSION REQUIREMENTS

In order to be eligible, Proposals must be received via eMaryland MarketPlace Advantage (eMMA) no later than January 15, 2025 @ 11:00AM EST. The Proposal shall consist of the required documentation for each volume as identified. Offerors shall retain one (1) original copy of the Proposal for their files.

PGCPS may request the original notarized documents that were posted electronically before final award execution.

The electronic Proposal shall show the full business address, telephone number, email and fax number of the Offeror and be signed by the person or persons legally authorized to sign contracts and commit the company.

4. PROPOSAL MARKINGS

All Proposals shall be submitted without redactions. All sections of the Proposal that are considered Confidential or Proprietary shall be clearly marked within the Proposal. The Offerors’ shall provide justification for any and all confidential or proprietary information. Justification must be on a separate piece of paper and submitted with the Technical Proposal.

5. OFFEROR SUBMISSION LAYOUT

The completed bid documents(s) should be without interlineations, alterations, or erasures. The bid should present all information in a concise manner, neatly arranged, legible, and in terms understandable for evaluation. All information requested is to be addressed directly and completely. It is more desirable to give additional information than less when the answer could be misinterpreted. The submission layout will include four (4) parts:

GENERAL FORMAT FOUR-PART SUBMISSION

● Volume I - Technical Proposal

● Volume II – Cost Proposal

● Volume III – Minority Business Enterprise (MBE)

● Volume IV - Appendices

VOLUME I - Technical Proposal A. (Envelope One)

The Technical Proposal shall be submitted in PDF format. Offerors should not include any pricing in its Technical Proposal. The offeror shall include Technical - A - Technical - B - and Technical - C as one package. A separate file shall be submitted for MBE - A.

⮚ TAB Technical - A - Technical proposals are to be accompanied by a brief transmittal letter prepared on the Offerors’ letterhead and signed by an individual who is authorized to commit the Vendor to the services and requirements in the RFP and proposal. This transmittal letter shall include:

● The name, title, address, telephone number, and electronic mail address of the person authorized to bind the Offeror to the contract, who will receive all official notices concerning this RFP.

● The Offerors’ Federal Tax Identification Number or Social Security Number.

● A brief statement of the Offerors’ understanding of the work to be done, the commitment to perform the work within the time period, and a statement of why the firm believes it is best qualified to perform the engagement.

● A statement that the proposal is a firm and irrevocable offer for a period of one hundred twenty (120) days.

⮚ TAB Technical - B - Offeror shall identify any claims during the past three (3) years and provide information on any pending litigation, lawsuits etc. The failure to provide accurate information may be determined to be a material breach of any future agreement or contract with The Board.

⮚ TAB Technical - C – Offeror shall prepare and present a proposal in such a way as to provide a straightforward description of response to experience and capabilities, technical approach, capabilities, experience, qualifications, past performance and references to satisfy the requirements of this RFP.

● The Offeror shall address each requirement in its Technical Offer and describe how its proposed services will meet or exceed the requirement(s). The Technical

Offeror that responds shall include an explanation of how the work will be done.

Any exception to a requirement, term, or condition may result in having the

Bid/proposal classified as not responsive or the Offeror deemed not responsible, and the Technical Offer determined not acceptable.

● Responses in the Offeror’s Technical Proposal should reference the organization and numbering of Sections in the RFP (examples; “Part III, Scope of Work section 3.2. Response . . .; “section 3.2.2 Response . . .,” etc.). The Technical

Proposal organization shall allow the evaluation committee to “map” Offeror responses directly to RFP requirements by Section number to aid in the evaluation process.

● The completed documents(s) should be without interlineations, alterations, or erasures. The Proposal should present all information in a concise manner, neatly arranged, legible, and in terms understandable for evaluation. All information requested is to be addressed directly and completely. It is more desirable to give additional information than less when the answer could be misinterpreted.

VOLUME II – Financial Cost Proposal (Envelope Two)

Offeror shall include Tab A - Fin, B - Fin, and C - Fin as one package. The Financial Cost

Proposal shall be submitted in an Excel spreadsheet format (see Attachment A – Cost

Proposal). Offerors should not include any portion of their Technical Proposal in its Financial

Cost Proposal. Offerors that include pricing with their technical response may have their response deemed non-responsive and their entire response rejected.

Pricing must include all labor, delivery, materials, tools, and equipment to perform work. Items or costs required to provide the services and deliverables as proposed, but not identified in the bidder pricing proposal will be the sole responsibility of the Offeror.

⮚ TAB Financial A – Cost proposals are to be accompanied by a Fiscal Integrity / Financial Statement. The Offeror shall include in its proposal, completed audited financial statements including the auditor’s notes, for its last two fiscal years. If the Offeror has not had its financial statements audited by an independent accounting firm, the Offeror must submit such un-audited financial statements as it has. Some acceptable methods include but are not limited to one or more of the following:

● Recently audited (or best available) financial statements

● Dun and Bradstreet Rating

● Standard and Poor’s Rating

● Lines of credit

● Evidence of a successful financial track record

● Evidence of adequate working capital

VOLUME III - Minority Business Enterprise (MBE) (Envelope One)

County Funded

A minimum MBE goal of _15__% has been established in the contract that will result from this solicitation (See MBE Administrative Procedures 3325 and Attachments). The MBE information shall be submitted in PDF format. Offerors may submit Volume III MBE electronically on eMMA under the Technical Proposal folder in a separate file. Offeror should not include any portion of their technical or financial proposal in its MBE Proposal.

⮚ MBE - A- Offerors shall include all documents that apply as required in Part IV, General

Terms and Conditions and 19.0 MINORITY BUSINESS ENTERPRISE PROGRAM.

VOLUME IV – Appendices (Envelope One)

The responder shall sign, date, and notarize where applicable all appendices.

Appendices shall be packaged together as one file and delivered under Volume IV.

Offerors shall submit the Appendices electronically in eMMA under the Technical

Proposal folder in a separate file, titled as such. The Offeror shall sign, date, and notarize where applicable all appendices identified. Appendices shall be packaged together as one file and delivered under Volume IV.

o Appendix A – Proposal and Addendum Acknowledgement o Appendix B – Past Performance and References o Appendix C – Non-Collusion Certificate o Appendix D – Debarment Affidavit o Appendix E – Anti-Bribery Affidavit o Appendix F – Certificate of Insurance Coverage o Appendix G – Financial Proposal Form (Submitted with Volume II) o Appendix H – MBE Form o Appendix I – Certificate State of Maryland Tax Certification o Appendix J – Certification of Compliance o Appendix K – Vendor Conflict of Interest Disclosure Form

Failure to provide any of the requested information or documents in this solicitation may render the Proposal non-responsive.

PART III: SCOPE OF WORK

PHYSICAL EDUCATION SUPPLIES AND EQUIPMENT

1. INTRODUCTION

This Request for Proposal (RFP) is soliciting proposals from offerors for the procurement of Physical

Education Equipment and Supplies. The specifications contained herein are intended to cover the furnishings and delivery of Physical Education Equipment and Supplies. The awarded offerors are responsible for delivery directly to PGCPS school sites.

A sampling of specifications are contained in the RFP. Responses submitted must meet or exceed all requirements. Proposals that do not meet or exceed all requirements will be considered non-responsive.

All exceptions must be noted.

2. BACKGROUND

The Board of Education of Prince George’s County (The Board) serves the needs of public education in Prince George’s County, covering approximately 1,789 square miles, with a residential population of more than 967,000. It is the second largest public school system in the State of Maryland. The Board operates 240 facilities over a ten-mile radius, which includes Pre-K, elementary, middle, and high schools as well as special education centers and alternative schools.

The school system serves a diverse student population from urban, suburban and rural communities located in the Washington, DC suburbs. PGCPS is nationally recognized for college and career-readiness programs that provide students with unique learning opportunities, including dual enrollment and language immersion. The Central administration headquarters is located at 14201 School Lane,

3. SCOPE OF WORK

Prince George’s County Public Schools (PGCPS) Department of Physical Education is soliciting proposals from qualified suppliers to provide a comprehensive selection of physical education and athletic supplies and equipment to meet various needs.

The specifications contained herein are intended to cover the furnishings and delivery of physical education equipment and supplies to include but not limited to:

3.1 Physical Education Equipment

A complete and comprehensive catalog selection of physical education equipment, including but not limited to, active learning, balls, beanbags, bowling, climbing, common core and nutrition, cones, dance, disc/Frisbee, playground balls, electronics, first aid, game tables, games and activities, hula hoops, inflators, juggling, jump ropes, mats, movement, nutrition, outdoor education, parachutes, pinnies and vests, playground, poly spots and markers, ride-ons, scooters, storage, curriculum and education books, teaching gear, ball inflators, field equipment and any additional physical education equipment offered by supplier

3.2 Athletic Equipment

A complete and comprehensive catalog selection of athletic equipment, including but not limited to, weight room stations, bars and plates, dumbbells, medicine balls, conditioning ropes, kettlebells, sandbags and heavy bags, mats and accessories, body weight equipment, cardio equipment, hurdles, plyometric, ladders, resistance equipment, sleds and chutes, poly spots, step aerobics, trampolines, mats and rubber flooring, pedometers, heart rate monitors, scales/body monitors, and any additional athletic equipment offered by supplier.

3.3 Sports Equipment

A complete and comprehensive catalog selection of sports equipment, including but not limited to, helmets, protective gear, and equipment for sports such as archery, badminton, baseball, basketball, bowling, broomball, disc/Frisbee, playground balls, field hockey, flag football, floor hockey, ice hockey, football, golf, gymnastics, handball, lacrosse, ping pong/table tennis, racquetball, rugby, soccer, softball, swimming and aquatic, skiing, snowboarding, surfing, tennis, track and field, volleyball and wrestling and any additional sports equipment offered by supplier.

3.4 Related Products and Services

Any related products and services offered by the Offeror.

3.5 Technical Specifications

ALL PRODUCTS OFFERED MUST BE NEW, UNUSED, LATEST DESIGN AND

TECHNOLOGY UNLESS OTHERWISE SPECIFIED.

3.6 Compliance with Regulations

All products specified herein shall comply with all regulations of the Prince George’s County Board of Education promulgated thereunder.

4. GENERAL SPECIFICATIONS

4.1 Product Catalog

Respondents are required to provide a link of a current product catalog with pricing.

Descriptive information for catalog items must include the following information

a. Item Description

b. Brand Name/Manufacturer

c. Product Code

d. Item Size/Weight

e. Case Dimensions (if applicable)

4.2 Pricing

Product/Pricing

Offerors shall provide pricing based on a discount from a manufacturer’s price list or catalog, or fixed price, or a combination of both with indefinite quantities. Prices listed will be used to establish the extent of a manufacturer’s product lines, services, warranties, etc. that are available from Offeror and the pricing per item. Multiple percentage discounts are acceptable if, where different percentage discounts apply, the different percentages are specified. Additional pricing and/or discounts may be included. Products and services proposed are to be priced separately with all ineligible items identified. Offerors may elect to limit their proposals to any category or categories.

ii. Include a link to the electronic catalog from which discount, or fixed price, is calculated.

Electronic price lists must contain the following: (if applicable)

• Manufacturer part #

• Offeror’s Part # (if different from manufacturer part #)

• Description

• Manufacturers Suggested List Price and Net Price

• Net price to PGCPS Location (including freight)

4.3 Ordering

The successful Offerors must have the capability of providing an electronic catalog that can be imported into PGCPS Purchasing Document Open Interface (PDOI) via Oracle ERP. Offeror catalogs must be kept up-to-date with discounted pricing. In addition the electronic catalog must be compatible with additional ERP systems. A 99% rate of catalog electronic order availability will be maintained for all items contained in this contract.

All schools will place orders based on educational program requirements. Schools may not place or make changes to their orders by calling the vendor directly. All changes must be made online by 12:00 P.M., three (3) business days before the delivery date.

4.4 Minimum Orders

PGCPS reserves the right to reject proposals/bids with minimum order quantities.

PART IV: PROPOSAL EVALUATION AND AWARD

1. EVALUATION COMMITTEE

Only proposals that are submitted via eMMA will be utilized during the evaluation process.

Proposals that are not submitted via this portal will be ruled non-responsive.

Evaluation of the proposals will be performed by a committee established for that purpose and will be based on the criteria set forth below. The contracts resulting from this RFP will be awarded to the

Offeror(s) whose proposal(s) is the most advantageous to The Board, considering price and technical factors set forth herein. The Board will consider the Offeror's record and performance of any prior contracts with The Board, federal departments or agencies, or with other public bodies.

Offerors, including any of their representatives, subcontractors, affiliates and interested parties shall not contact any member of the Committee or any person involved in the evaluation of the proposals.

All inquiries related to this procurement must be handled by the RFP officials identified on the cover page. Failure to comply with this directive may, at the sole discretion of the Board result in the disqualification of an offeror from the procurement process. The Evaluation Committee will make the final determination about acceptability of proposals.

2. EVALUATION PROCESS

The committee will evaluate each technical proposal using the evaluation criteria set forth below. As part of this evaluation, the Committee may hold discussions with all qualified Offerors. Discussions may be conducted via teleconference or may take the form of questions to be answered by the

Offerors and conducted by mail, E-mail, or facsimile transmission at the discretion of The Board.

During the evaluation process, the committee may request technical assistance from any source.

a. Following the completion of the technical evaluation of all Offerors’ technical proposals, including any discussions, the committee will rank each qualified Offerors’ technical proposal.

b. The cost proposal of each qualified proposal will be distributed to the Evaluation Committee following the completion of the technical evaluation. The cost proposals will not be distributed to the committee until the technical evaluation is completed. The Committee will determine total costs of the proposals in order to establish a financial ranking of the proposals from lowest to highest.

c. The Evaluation Committee may reject in whole or in part any and all proposals, waive minor irregularities, and conduct discussions with all responsible Offerors in any manner deemed necessary to serve the best interests of the Board.

d. Based on the results of the evaluation, the highest rated offeror(s) may be invited by the Director of Procurement to make oral presentations to the Committee. The Committee will then conduct final evaluation of the proposals.

e. If it is determined to be in the best interest of The Board, the Board may invite Offerors to make final revisions to their technical and/or financial proposals through submission of a Best and Final Offer.

f. Should the Committee determine in writing and at its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The Committee will make appropriate recommendations to the Board, if appropriate, prior to actual award of contract. The Committee will recommend the Offeror whose overall proposal provides the most advantageous offer to the Board considering both price and technical factors set forth in this RFP.

3. EVALUATION CRITERIA

A committee will conduct a comprehensive, fair and impartial evaluation of all proposals received in response to this RFP. Each proposal received will be analyzed to determine overall responsiveness and completeness. Failure to comply with the instructions or to submit a complete proposal may deem a proposal non-responsive and may be eliminated from further evaluation at the discretion of the board.

EVALUATION FACTORS POINTS

3.1 Technical Approach 30

3.2 Experience and Qualifications 20

3.3 Past Performance 20

3.4 Financial Stability 10

3.5 Capacity 20

3.6 Value Added Services 5 Bonus

3.7 Minority Business Enterprise 5 Bonus

Total Points 110

PART V: GENERAL TERMS AND CONDITIONS

1. PARTNERSHIPS

Proposals by partnerships shall be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing, who shall also state the names of the individuals composing the partnership.

2. CORPORATIONS

Proposals by corporations shall be signed with the name of the corporation, followed by the signature and designation of the officer having authority to sign. When requested, satisfactory evidence of authority of the officer signing on behalf of the corporation shall be furnished. Anyone signing the proposal as agent shall file satisfactory evidence of authorization to do so.

3. SAMPLES

Offerors may be required to submit samples of each product awarded with an affidavit stating that the chemical composition of the sample submitted is identical with the composition tested prior to the proposal and all remain unchanged during the period of the contract. This requirement shall be part of the specifications of the product or products requested if applicable.

If Samples are required, a properly tagged sample and descriptive data shall be submitted to the address specified no later than the date specified. The tag on the sample shall indicate the item number, the name of the company submitting the sample, and the IFB number. The Board will not be responsible for any samples not picked up within 30 days of the notification of Vendors to do so. Samples may be retained by The Board until Vendors are notified to remove them. Vendors agree that The Board will incur no liability for samples that are damaged, destroyed, lost, or consumed in testing processes.

Failure to submit the above information when requested is sufficient grounds for rejection of the proposal.

4. PROPOSAL PREPARATION FEES

The Board will not be responsible for any costs incurred by a Offeror in preparing and submitting a proposal in response to a proposal.

5. RIGHT TO PROTEST

The Director of Purchasing and Supply Services shall attempt to resolve informally all protests of proposal award recommendations. Vendors are encouraged to present their concerns promptly to the

Buyer and/or Purchasing Supervisor for consideration and resolution. The Director of Purchasing shall inform the Chief Financial Officer (CFO) upon receipt of the protest. Open dialogue is helpful for all parties and disputes are often only a misunderstanding of the evaluation and recommendation process.

A vendor who does not file a timely protest before the contract is executed by the Board is deemed to have waived any objection.

a. An interested party (bidding of standing or offeror) must file a protest with the Purchasing Office within five (5) calendar days of the recommendation of award or notification to the offeror or bidder that their proposal or bid will be rejected.

b. Purchasing and Supply Services a proposed award of a contract for supplies, equipment, services, or maintenance. A offeror of standing is a offeror who would be directly next in line for an award should the protest be supported.

c. The protest shall be in writing addressed to the Purchasing Supervisor with a copy to the Director and shall include the following:

i. The name address and telephone number(s) of the protester.

ii. Identification of the solicitation

iii. Statement of reasons for the protest

iv. Supporting documentation to substantiate the claim

v. Proposed remedy to resolve

6. APPEAL OF CONTRACT AWARD DECISION:

The Director of Purchasing shall confer with the general counsel prior to issuance of a decision regarding disputes of contracts or awards.

a. The Director of Purchasing shall issue a decision in writing. Any decision of a proposal award protest may be appealed to the CFO within two (2) days of issuance of the decision by the Director of Purchasing.

b. Any decision of a proposal award protest may be appealed to the Board of Education within thirty (30) days of issuance of the decision by the CFO.

c. A vendor who remains unsatisfied after following the procedures may contest a contract awarded by the Board by filing an appeal to the Maryland State Board of

Education as provided by Maryland’s public-school law.

d. The Board reserves the right to award during protest and or during an appeal, if a determination that execution of the contract without delay is necessary to protect substantial State and Board interest.

e. The Offeror shall refer to the General Terms and Conditions attached to the proposal for details regarding the Term of Contract for this proposal.

7. COMMENCEMENT OF SERVICES

The Board shall have no obligation to pay for services performed before the Notice of Award is executed;

Board approves the contract or after the contract ends. The Board shall have no obligation to pay for services in excess of the monetary amount of the award. The Board shall have no obligation to pay for services before a purchase order is issued.

8. ADDENDA

a. No interpretation of the meaning of the specification or other documents will be made to any Supplier orally. To be given consideration, inquiries must be received in writing via email to Procurement Department points of contacts identified on the cover page.

The subject field of the e-mail must include "INQUIRY” and the RFP name and number.

b. Any changes to the specifications will be made through the appropriate addenda. Failure of any Offeror to receive such addenda or interpretation shall not relieve any Offeror from any obligations under this RFP as amended by all addenda. All addenda so issued shall become part of the award.

c. Failure of any Offeror to receive or acknowledge receipt of such addenda or interpretation shall not relieve any Offeror from any obligations under this IFB as amended by all addenda. All addenda so issued shall become part of the award.

9. STATEMENT OF CONFIDENTIALITY

It is understood and agreed that all information pertinent to this solicitation may contain trade secrets, which are confidential and proprietary. The selected vendor agrees not to disclose or knowingly use any confidential or proprietary information of The Board of Education of Prince George’s County and/or third-party participants.

Proposal submissions are subject to the Maryland Public Information Act (Education Article, Maryland

Annotated Code, §10-611, et seq.). In accordance with the Act, certain information is subject to public disclosure. Please be advised that should you deem any portion of your proposal as confidential or proprietary, it must be conspicuously indicated on those portions so deemed. However, and in accordance with the Act, you are hereby notified that every portion may still be subject to disclosure under the Act.

10. TERM OF AGREEMENT

The anticipated initial term of this contract shall be a period of three (3) years (“Initial Term”). In its sole discretion, The Board shall have the unilateral right to renew the Contract for two (2) one (1) year option periods The offeror warrants that prices for the proposal under this RFP are not higher than prices currently extended to any other governmental agency for the same product or service.

a. Upon satisfactory service and by mutual agreement the BOARD OF EDUCATION OF

PRINCE GEORGE’S COUNTY reserves the right to extend the contract for no more than 12 months.

b. The Board expects all vendors to provide cost reductions recommendations.

c. Price decreases are acceptable at any time, need not be verifiable, and are required should the offeror/producer/processor/manufacturer experience a decrease in costs associated with the execution of the contract.

d. Price adjustments from the offeror/producer/processor/manufacturer for any/all items may be considered at renewal. The request is subject to approval by the Purchasing

Office. The request must be submitted in writing at least ninety (90) days prior to the renewal term and shall be accompanied by supporting documentation.

e. Should the awarded vendor, at any time during the life of the contract, sell materials of similar quality to another customer, or advertise special discounts or sales, at a price below those quoted within the contract, the lowest discounted prices shall be offered to

Prince George’s County Public Schools.

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11. PRE-PROPOSAL MEETING (Not Applicable)

A pre-proposal meeting is scheduled for _______ ____, 2024 @ 11:00am EST via zoom.

12. PAYMENT TERMS

The Offeror shall submit an invoice detailing the services provided and the actual costs incurred.

Payment shall be in accordance with line item price on the Purchase Order and within 30 days after the date on the invoice or upon invoice acceptance, whichever occurs last.

The Board reserves the right to reduce or withhold contract payment in the event the Offeror does not provide the Department with all required deliverables within the timeframe specified in the contract or in the event that the Offeror otherwise materially breaches the terms and conditions of the contract.

13. MINORITY BUSINESS ENTERPRISE PROGRAM

The Board of Education of Prince George’s County Minority Business Enterprise (MBE) Administrative Procedure No. 3325 requires bids for materials, supplies, equipment, and services, other than materials of instruction, be listed as deliverables. Information about this program and forms can also be downloaded. See MBE Administrative Procedures (AP) 3325.

https://www.pgcps.org/offices/general-counsel/administrative-procedures/3000---business--non-instructional-operations/ap-3325---minority-business-enterprise-procurement-procedures

a. Only those businesses registered as a “Certified Minority Business” from the Maryland

Department of Transportation (MDOT), Prince George’s County Government and

Washington Metropolitan Area Transit Authority (WMATA) will be recognized as meeting the MBE goal. These businesses must be provided to the Board’s Purchasing Office prior to any respective proposal opening.

14. LOCAL MBE INITIATIVE

In accordance with Prince George’s County School goals promoting minority and locally based purchases, if all other factors are equal, priority shall be given to a locally based firm. "Locally based firm" in this instance refers to a company or firm with a primary business address located within the geographical boundaries of Prince George’s County.

15. MINORITY BUSINESS ENTERPRISE PROHIBITIONS

State Law HB 389 and SB 611, Prime Offerors are prohibited by law from including a certified MBE in a bid or proposal without requesting, receiving, or obtaining the MBE’s authorization. The offeror must also use the MBE’s services to perform the contract. In addition, the offeror may not pay the MBE solely for the use of its name in the bid or proposal.

Prime Offeror may be prosecuted if they fail to comply with the law. The Board is required under the law to report the violation.

16. E- COMMERCE

The eMaryland Marketplace law became effective on June 1, 2008 and requires units of State government, including those otherwise exempt from State procurement law, and all local government entities, to publish notices of procurement and procurement awards on the State’s ecommerce website eMaryland Marketplace Advantage (eMMA). All Offerors are required to register with eMaryland Marketplace Advantage, so that the award notice can be properly published.

17. CYBER LIABILITY INSURANCE

All Offerors shall maintain and pay for Cyber Liability Insurance at a limit of not less than $1,000,000 per occurrence when applicable, including coverage for data breach, media liability and third-party cyber liability.

https://www.pgcps.org/offices/general-counsel/administrative-procedures/3000---business--non-instructional-operations/ap-3325---minority-business-enterprise-procurement-procedures https://www.pgcps.org/offices/general-counsel/administrative-procedures/3000---business--non-instructional-operations/ap-3325---minority-business-enterprise-procurement-procedures

18. LIQUIDATED DAMAGES

In the event the Award Offeror(s) fails to deliver the goods or services of the contract in accordance with the specifications, PGCPS reserves the right to purchase the goods/services on the open market in sufficient quantities to assure the continued operation of PGCPS. All additional expenses incurred by PGCPS as a result of such purchases will be deducted from the monies owed or monies which may become due.

19. FINGERPRINT CRIMINAL HISTORY BACKGROUND CHECKS, CHILD PROTECTIVE SERVICE

CLEARANCES, AND SAFE SCHOOLS TRAINING REQUIREMENTS

a. Pursuant to Administrative Procedure 4215 - Criminal History Checks, Employee Self-

Reporting of Arrests, Criminal Charges, CPS Investigations and Findings & Incarceration, any and all Vendors, which includes Independent Contractors, Subcontractors, Outsourced Agency Employees and Outsourced Temporary Staffing, who have uncontrolled access to students must complete a fingerprint criminal history background check, child protective service (CPS) clearance and required online Safe Schools training course(s).

b. All fingerprint background checks and CPS clearances must be completed 15 business days prior to beginning work in and around PGCPS property or engaging in any authorized activities involving PGCPS students. The fingerprint background checks and CPS clearances must be completed through Prince George’s County Public Schools at one of the authorized locations listed on the PGCPS website (https://www.pgcps.org/fingerprinting/#service). No person may begin working in PGCPS until fingerprint background check results are received.

c. Required online Safe Schools training course(s) must be completed before providing contractual services in PGCPS schools and can be accessed through the PGCPS website (https://www.pgcps.org/offices/compliance/student-safety/required-training-for-contractors).

d. Safety Management System (reserved).

e. Pursuant to Md. Education Code Ann. §6-113.2 (Code), a contractor of a Board of education who provides a service to a school or the students of a school shall meet the requirements set forth for screening its employees assigned to work at a school site to determine whether such employees have a history of child sexual abuse and/or sexual misconduct. The Vendor shall be solely responsible for completing the screening set forth in the Code, shall maintain records of employee screenings, and shall make such records available to PGCPS upon request.

f. Prior to initiating any work at a school building, current and future employees of Vendor must sign in and sign out via the Raptor Visitor Management System, which requires a copy of their government issued identification.

g. Prior to initiating any work at a school building, the Vendor agrees to provide the designated PGCPS representative and the PGCPS Purchasing Department with a list of all current employees and an immediate update of changes in personnel, employees, mailto:denerika.johnson@pgcps.org https://www.pgcps.org/globalassets/offices/general-counsel/docs---general-counsel/administrative-procedures/4000/administrative-procedure-4215---criminal-history-checks-employee-self-reporting-of-arrests-criminal-charges-cps-investigations-and-findings-and-incarceration.pdf https://www.pgcps.org/offices/compliance/student-safety/required-training-for-contractors contractors, subcontractors, agents, volunteers, outsourced temporary staff and any instructors. It is the responsibility of the Vendor to make certain that its employees, contractors, subcontractors, agents, volunteers, outsourced temporary staff, consultants and any instructors meet the background check and training requirements specified. All correspondence should include the following information as applicable:

i. title of the project

ii. school/office

iii. solicitation number

iv. contract number; and

v. PGCPS representative/project manager

20. EDUCATIONAL/MEDICAL/PSYCHOLOGICAL RECORDS

If applicable, the Offeror acknowledges its responsibility to ensure compliance with the confidentiality provisions of the Family Educational Records Privacy Act (34 CFR §99);

a. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) 45 CFR Part 160 and Part 164, Subparts A and E, and Code of Maryland Regulations §13A.08, with respect to school records provided by the Board, if applicable.

b. Any confidential information provided by THE BOARD to Offeror, including all copies thereof must be used by Offeror only as provided for by this Agreement and only for the purposes herein described. Such information shall not be disseminated or disclosed to any third party, not a party to this Agreement, without the expressed written consent of THE BOARD and can only be done in accordance with applicable privacy laws. Offeror agrees to return to THE BOARD all such information within fifteen (15) days of the expiration of termination of this Agreement or with the express consent of THE BOARD. Offerors may destroy such information within fifteen (15) days of termination or expiration of this Agreement, certifying to THE BOARD in writing that the information has been destroyed.

21. PROTECTION OF STUDENT RECORDS

Offeror and its affiliates or subcontractor, at their expense, have a duty to and shall protect from disclosure any and all Student Records which they may come to possess or control, wherever and however stored or maintained, in a commercially reasonable manner in conformance with current industry standards.

If required in support of the contract, the Offeror or its affiliates or subcontractor shall implement and maintain a comprehensive data – security program for the protection of Student Records whether the Records are stored electronically and/or in hard copy form. The safeguards contained in such program shall be consistent with and comply with the safeguards for protection of Student Records, and information of a similar character, as set forth in all applicable federal and state law and written policy of THE BOARD or the Maryland State Board of Education (“MSBE”) concerning the confidentiality of Student records. Such data-security program shall include, but not be limited to, the following:

a. A security policy for employees related to the storage, access, and transportation of data containing Student Records;

b. Reasonable restrictions on access to records containing Student Record…