Office of Purchasing and Supply Services Facilities Administration … · 2013-04-23 · Kitchen Equipment Procurement, Installation and Renovation Quotation Proposal # RFQ 91761

Office of Purchasing and Supply Services

Facilities Administration Building (FAB) 13300 Old Marlboro Pike, Room 20

Upper Marlboro, MD 20772 301-952-6560 Fax: 301-952-6504

Brenda Allen, Acting Director

QUOTATION PROPOSAL RFQ# 91761

John Hanson French Immersion @ G. Gardner Shugart Middle School Kitchen Equipment Procurement, Installation and Renovation

Prince George's County Public Schools

(PRE-QUALIFIED CONTRACTORS ONLY)

Date: April 23, 2013

Quote Proposal Number: RFQ # 91761

Proposal Title: John Hanson French Immersion @ G. Gardner Shugart Middle School Kitchen Equipment Procurement, Installation and Renovation

Proposal will be received until: May 7, 2013, 2:00 PM Prince George's County Board of Education Purchasing Department 13300 Old Marlboro Pike – Room 20 Upper Marlboro 20772 For proposal requirements, contact: Johnna Smarr, Senior Buyer

Email Address: [email protected]

Phone Number: (301) 952-6560

Documents included in this package: Quotation Proposal Cover Sheet

Required Response Form Project Management & Scope of Work Overview and Proposer Information Terms and Conditions Proposal Pricing Sheet

AFFIDAVIT MBE 3325

Attachments

Quote No. RFQ # 91761 Page 1


John Hanson French Immersion @ G. Gardner Shugart Middle School

Kitchen Equipment Procurement, Installation and Renovation

Quotation Proposal RFQ 91761

REQUIRED RESPONSE FORM

This quotation proposal must be submitted to the Prince George’s County Board of Education, Purchasing Department, 13300 Old Marlboro Pike, Room 20, Upper Marlboro, MD, 20772, no later than 2:00 PM, May 7, 2013 and plainly marked RFQ # 91761. Proposals are due and will be opened at this time.

ANTI-COLLUSION STATEMENT/PUBLIC DOMAIN

I, the undersigned proposer have not divulged, discussed, or compared this proposal with any other proposer and have not colluded with any other proposer in the preparation of this proposal in order to gain an unfair advantage in the award of this proposal.

PROPOSAL CERTIFICATION I hereby certify that I am submitting the following information as my company’s proposal and understand that by virtue of executing and returning with this proposal this REQUIRED RESPONSE FORM, I further certify full, complete and unconditional acceptance of the contents therein. Proposal must be signed by an officer or employee having authority to legally bind the proposer. PROPOSER (firm name):

STREET ADDRESS:

CITY & STATE:

PRINT NAME OF AUTHORIZED REPRESENTATIVE:

SIGNATURE OF AUTHORIZED REPRESENTATIVE:

TITLE: DATE:

CONTACT PERSON:

CONTACT PERSON’S ADDRESS:

TELEPHONE: FAX: TOLL FREE:

EMAIL ADDRESS: INTERNET URL:

PROPOSER TAXPAYER IDENTIFICATION NUMBER:


John Hanson French Immersion @ G. Gardner Shugart Middle School

Kitchen Equipment Procurement, Installation and Renovation

Quotation Proposal # RFQ 91761

Project Management and Scope of Work

INTRODUCTION Prince George’s County Public Schools is requesting Design/Build services to furnish and install Walk-In Refrigerator/Freezer Unit at John Hanson French Immersion @ G. Gardner Shugart Middle School as noted. (Work to performed and completed during PGCPS 2013 Summer Break) The specifications are contained in the Request for Quote. Responses submitted must meet or exceed all requirements. Quotes that do not meet or exceed all requirements will be considered non-responsive. All exceptions must be noted.

SITE VISIT

John Hanson French Immersion @ G. Gardner Shugart MS 2000 Callaway St. Temple Hills, MD 20748

April 26, 2013 @ 8:30 AM Please do not contact the school directly. It is the responsibility of the Contractor to visit the site to gain a better understanding of the needs of the school. Failure to do so will not relieve a successful bidder from the necessity of his obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated Work for the consideration set forth in his bid. MBE Procedure 3325 is applicable. Estimated Cost Range: $50,000 - $60,000 Note: Allowance must be included in the BID: Contingency Allowance ………………$ 10,000.00 Proposed Schedule

• Bid Posted 04/23/2013 • Site Visit 04/26/2013 • Questions Due 04/29/2013 • Addendum Posted 05/01/2013(estimated date only) • Quotes Due 05/07/2013 @ 2:00 P.M. • Projected Start Date 06/10/ 2013 • Substantial Completion 07/19 2013


Questions/Point of Contact

• Questions should be directed to the following Buyer: Johnna Smarr via email at [email protected] no later than 1:00 P.M. April 29, 2013. All answers will be in the form of an addendum to the RFQ and posted on the website.

Vendors must return the following documentation with the bid response. Failure to sign and return these documents may cause your bid to be ruled non- responsive and ineligible for evaluation consideration.

• Required Response Form • Proposal Pricing Sheet • AFFIDAVITS (Must be signed and original submitted with the quote) • Addendum (All addendums posted on the website must be signed and returned. It is the vendors responsibility to check the Purchasing Website for any addenda posted in response to this RFQ • All original responses must be signed in BLUE INK

RETURN TWO (2) COPIES, COMPLETED AND SIGNED, TO THE PURCHASING OFFICE The quote title and quote number must be stated on the lower left corner of the submission envelope. All bidders will be fully responsible for the timely delivery of the Bid response to the designated location to include bids hand carried, sent by common carriers, (UPS, Federal Express and the U.S. Postal Service). Bids delivered to any other office or location other than the Purchasing Department prior to bid opening deadline will not be considered. Competitive sealed Bids are publicly opened and available for review except to the extent the bidder designates trade secrets or other proprietary data to be confidential as set forth in this title. Prices, makes, and model or catalog numbers of the items offered, deliveries, and terms of payment shall be publicly available at a reasonable time after bid opening but in any event before contract award regardless of any designation to the contrary at the time of bid opening.


OVERVIEW AND PROPOSER INFORMATION


Quotation Proposal RFQ # 91763

PRE-BID CONFERENCE (N/A) A Pre-bid conference has been scheduled to address questions and/or aspects of the proposal and to obtain input and/or suggestions from perspective Bidders. Attendance is not mandatory but strongly recommended. INSURANCE The successful Bidder is required to furnish a certificate of insurance. The certificate must be issued to the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY. Bonds issued to the PRINCE GEORGE’S COUNTY PUBLIC SCHOOLS WILL NOT BE ACCEPTED. BID BOND Bidders are not required to submit a bid bond in the amount of five percent (5%) as determined by the BOARD and specified in the IFB, to ensure the satisfactory completion of the work for which a contract or purchase order is awarded that may exceed 100K. (COMAR 21.06.07.02) The bond must be made in favor of the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983. PERFORMANCE AND LABOR BOND The successful Bidder may be required to submit a performance and/or labor bond, Cashier’s or Certified Check in the amount of one hundred percent (100%) as determined by the BOARD and specified in the IFB, of all phases of the contract to ensure the satisfactory completion of the work for which a contract or purchase order is awarded that exceeds 100K. (COMAR 21.06.07.10) The Board reserves the right to request performance and labor bond for amounts over or under $1000.00. The bond, cashier’s or certified check must be made in favor of the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983. LIQUIDATED DAMAGES/FAILURE TO PERFORM WORK The successful bidder accepts this contract with the understanding that should they fail to complete the work in an acceptable manner and in the time stated, shall be subject to the payment of liquidated damages. Liquidated damages may be assessed at the rate of 2% of the value of all services not provided in accordance with the contract specifications, terms and conditions for each calendar day of delinquency beyond the contracted delivery date. MINORITY BUSINESS ENTERPRISES Prince George’s County Public Schools has a Minority Business Enterprise Program in effect. Information about this program and forms for compliance are included in the bid documents. All firms submitting a proposal must complete the appropriate forms and submit the forms with their proposal. For this project, the BOARD will recognize minority certification the State of Maryland Department of Transportation (MDOT), Prince George’s County Government and Washington Metropolitan Area Transit Authority (WMATA). For additional information or forms contact the Minority Business Office at 301-952-6563.


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. MINORITY BUSINESS ENTERPRISE PROGRAM – PROHIBITIONS State Law HB 389 and SB 611, Prime Contractors are prohibited by law from including a certified MBE in a bid or proposal without requesting, receiving, or obtaining the MBE’s authorization. The contractor must also use the MBE’s services to perform the contract. In addition, the contractor may not pay the MBE solely for the use of its name in the bid or proposal. Prime Contractor may be prosecuted if they fail to comply with the law. The Board is required under the law to report the violation. NOTICE TO BIDDERS Bidders wishing to do business with the BOARD are asked to register with the Purchasing Department. The successful bidder must be an active vendor in Oracle to receive Purchase Orders and Payment. To register, contact the Purchasing Department at 301-952-6560 to receive instructions on how to register or visit the Purchasing website at http://www1.pgcps.org/isupplier/. Prince George’s County Public Schools does not discriminate in educational programs, activities or employment on the basis of race, color, national origin, sex, age, religion or disability. Bidders will be required to comply with all applicable requirements pertaining to fair labor, state and local government. 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. (Admin Procedure 3325/7419) No Bid may be withdrawn for at least sixty (60) days after the scheduled closing time for receipt of Bids by order of the Board of Education of the Prince George’s County Public Schools, Upper Marlboro, Maryland 20772-9983. Prince George’s County Public Schools accepts no obligations for costs incurred by Bidders in preparing or submitting a Bid and reserves the right to reject any and all Bids received. AWARD The BOARD reserves the right to award the contract to the lowest responsive and responsible bidder complying with all provisions of the bid, provided the bid price is reasonable and it is in the best interest of the BOARD to accept. A contract may be awarded to one or multiple vendors, by item or in the aggregate, or any combination thereof. NON-AWARD Bidder will be notified via email, if their organization is not selected as the apparent lowest responsive bidder.

REJECTION OF BIDS The BOARD reserves the right to reject any or all bids in whole or in part and to waive any technicalities or informalities as may best serve the interests of the BOARD, to increase or decrease quantities where quantities are shown and may reject any bid which indicates any omission, contains alteration of form or additions not requested, or imposes conditions s alternate items and may make any award which is deemed to be in the best interest of the BOARD.


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 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/items listed in the price schedule submitted. CONTRACTORS 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 contractor or vendor which has submitted a bid or 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 Superintendent or his designee.”


GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS

I. GENERAL

A. Any Contract awarded as the result of any Request for Quote to furnish supplies, equipment or services to the BOARD OF EDUCATION, PRINCE GEORGE'S COUNTY, Upper Marlboro, Maryland shall include, in whole or in part, either attached or incorporated by reference, binding in all respects, these provisions. B. It is the intent of this Request for Quote to provide prospective bidder(s) with complete information relative to the total performance of any resultant contract. Bidders are obligated to read and understand all parts of this Request for Quote and to obtain clarification of any part not thoroughly understood, before submitting their proposal. C. Contract shall be deemed executory only to the extent of appropriations available to the BOARD for the purchase of such articles. The obligation of the BOARD on all contracts, including those which envision funding through current and successive fiscal years, shall be contingent upon actual Board appropriations for the fiscal year(s) involved.

D. All parts of this Request for Quote including the GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS, any addenda, amendments, modifications or any other extraneous matter incorporated by reference, will be applicable to any contract(s) awarded as a result of this Request for Quote. E. The respondent is required to submit one (1) original and two (2) copies of the title page, signature page, proposal page and any other applicable documents specific to this Request for Quote.

F. Bidder must identify the RFQ by placing the RFQ number, opening date and time in the lower left hand corner of the envelope. The bidder is solely responsible for the arrival of the proposal in the PURCHASING OFFICE FACILITIES ADMINISTRATION BUILDING, 13300 OLD MARLBORO PIKE, ROOM 20, UPPER MARLBORO, MARYLAND 20772-9983, prior to the prescribed deadline for return of bids will be publicly after the time set for receipt and may be read aloud. Bidders may attend bid openings. Since bids must be received in a sealed envelope, FACSIMILE COPIES TRANSMITTED VIA "FAX" MACHINES, OR SIMILAR METHODS, WILL NOT BE ACCEPTED

Late bids will not be considered for award accepts under the following conditions:

G. The bid was sent by mail and it was determined by the BOARD that the late receipt was due solely to miss handling by the BOARD after receipt of the address specified in the solicitation. If the BOARD declares administrative or liberal leave scheduled bid openings or receipt of bids will be extended to next business day. H. The time, prescribed on the title page of this Request for Quote as the deadline for return of bids, shall be Eastern Standard Time. I. In the event of inclement weather on the date this bid is scheduled to open and the BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY CENTRAL OFFICES are closed, bid responses will be opened at the PURCHASING OFFICE on the next business day. The time of opening on the next business day will be the same as that of the scheduled day. Bid responses will be accepted until the time of opening on the next business day.

II. CONTRACT PERIOD

A. The contract shall commence from date of award through required project completion as stated in bid document.

III. AWARD A. The BOARD reserves the right to award the contract to the lowest responsive and responsible bidder complying with all provisions of the bid, provided the bid price is reasonable and it is in the best interest of the BOARD to accept. A contract may be awarded to one or multiple vendors, by item or in the aggregate, or any combination thereof.


IV. ADDENDUM A. Any addenda to this solicitation issued after this solicitation and before the due date shall become part of the

contract. It is the responsibility of the bidder to make inquiry as to addenda issued. The BOARD will post all addenda to the solicitation on the BOARD’s website.

V. BID WITHDRAWAL A. Bids may be withdrawn or modified upon receipt of written request received before the time specified for bid opening. Requests received after bid opening will not be considered. VI. ERRORS IN BIDS

A. Failure of the bidder to thoroughly understand all aspects of the Request for Quote before submitting his/her bid will not act as an excuse to permit withdrawal of his/her bid nor secure relief on plea of error. Neither State Law nor Regulation make allowance for errors either of omission or co-mission on the part of the bidders. Obvious, apparent errors in a bid may be corrected or withdrawn upon written approval by the BOARD.

When an error is made in extending total prices the unit bid price will govern. Erasures in bids must be initialed by the bidder. Carelessness in quoting prices or in preparation of bid will not relieve the bidder from performing the contract. Errors discovered after public opening cannot be corrected and the bidder will be required to perform if the bid is accepted.

VII. REJECTION OF BIDS

A. The BOARD reserves the right to reject any or all bids in whole or in part and to waive any technicalities or informalities as may best serve the interests of the BOARD, to increase or decrease quantities where quantities are shown and may reject any bid which indicates any omission, contains alteration of form or additions not requested, or imposes conditions or offers alternate items and may make any award which is deemed to be in the best interest of the BOARD.

VIII. PROTEST

A. Determination of protests validity is at the sole discretion of the BOARD. The due date of the bid may be changed if necessary to allow consideration of the protest and issuance of any necessary addenda. Specification protests shall be presented to the BOARD in writing as soon as identified, but no less than five (5) business days prior to the bid opening date and time. No protest against the award due to the specifications shall be considered after this deadline. Protests shall include the reason for the protest, and a proposed change to the specifications with supporting documents. Protests should be delivered to the Purchasing Department in sealed envelopes, clearly marked with the bid number and description.

IX. VENDOR ACCEPTANCE

A. The successful bidder(s) will receive from the PURCHASING OFFICE, BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983, a contract. Upon receipt, the bidder must sign and return all copies of the contract.

B. Any required documentation, such as; Performance Bond, Payment Bond, Certificate of Insurance, and other material required must be submitted by the bidder with the award letter. C. Failure to sign the contract and return all required documents within fifteen (15) calendar days from date of receipt shall rule your response null and void and, therefore, award shall be made to the next low responsive bidder. The bidder shall forfeit any Bonds so posted. In addition, this may also be cause for removal of your firm from the bidder's list.


X. SURETY

A. The following SURETY may be required in conjunction with this Request for Quote and any resultant contract(s). Bonds or checks NOT made in favor of BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY shall not be accepted. "Prince George's County Public Schools" is not a legal entity, and therefore, bonds or checks made in favor of Prince George's County Public Schools will not be accepted; the bid offer shall be declared non-responsive and not considered for award.

1. Bid Bond

a. Bids must be accompanied by a Bid bond or Certified Check in the amount of five percent (5%) of the

total amount of the bid to be made in favor of the

BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983 Certified Checks will be returned to all but the successful bidder(s) within five (5) days after award of contract(s). Successful bidder’s Certified Check will be returned only upon receipt of Performance Bond.

2. Performance Bond, Cashier’s or Certified Check

a. The successful bidder may be required to furnish to the BOARD a Performance Bond, Cashier’s or

Certified Check in the amount of one hundred percent (100%) of all phases of the contract and to be made in favor of the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983 The above is the legal title for the school system. Deviation from this title shall not constitute intent to furnish and all such documents shall be rejected and returned. Timeliness is of the essence and delays in furnishing acceptable documents may constitute default.

b. The insurance company issuing the bond must have a policyholders rating of A Plus and a financial

rating of Class X per Best’s Rating Service. Said surety must be issued by a bonding company licensed to do business in the STATE OF MARYLAND and acceptable to the BOARD and submitted to the PURCHASING OFFICE, BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983 within 15 calendar days after receipt of award. No contract shall exist prior to return of the signed award and acceptable surety.

c. The Performance Bond, Cashier’s or Certified Check will provide assurance of faithful performance and

discharge of all duties and responsibilities attendant thereto required by law or as provided herein by the contractor of all ASPECTS, TERMS AND CONDITIONS of this contract.

B. In addition to the above surety, the following may be required on certain construction contracts. The successful bidder(s) should be prepared to provide the surety if instructed to do so in any resultant Contract Award.

1. Labor and Material Payment Bond

a. The successful bidder may be required to furnish to the BOARD a LABOR AND MATERIAL

PAYMENT BOND in the amount of one hundred percent (100%) of all phases of the contract and to be made in favor of the

BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983 The above is the legal title for the school system. Deviation from this title shall not constitute intent to furnish and all such documents shall be rejected and returned. Timeliness is of the essence and delays in furnishing acceptable documents may constitute default.


b. The insurance company issuing the bond must have a policyholders rating of A Plus and a financial

rating of Class X per Best’s Rating Service. Said surety must be issued by a bonding company licensed to do business in the STATE OF MARYLAND and acceptable to the BOARD and submitted to the PURCHASING OFFICE, BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983 within 15 calendar days after receipt of award. No contract shall exist prior to return of the signed award and acceptable surety.

c. The Labor and Material Payment Bond will provide assurance of faithful performance and discharge of

all duties and responsibilities attendant thereto required by law or as provided herein by the contractor of all ASPECTS, TERMS AND CONDITIONS of this contract.

XI. INSURANCE A. The contractor must maintain and pay for Comprehensive Business Insurance to protect their claims under the

Workers’ Compensation Act, from claims or damages because of bodily injury to others, including employees of the BOARD, damage to the property of others, including the BOARD, claims for damages arising out of the operation of motor vehicles, which may arise during the performance of the contract whether caused by themselves or by any sub-contractor or anyone directly or indirectly employed by either of them, and Product Liability Insurance. Said insurance is to cover the duration of the contract under an express or implied warranty.

B. The following coverage’s and limits are required of all vendors:

• General Liability, including Products Liability & Completed Operations - $1,000,000 per

occurrence/$2,000,000 aggregate • Workers Compensation – Statutory Benefits (Only required if the Contractor will be delivering the product(s)

to our building). • Employers Liability - $500,000 each accident/$500,000 injury by disease/$500,000 injury by disease

aggregate (Only required if the Contractor will be delivering the product(s) to our building). • Auto Liability - $1,000,000 combined single limit (Only required if the Contractor will be delivering the

product(s) to our building).

C. The certificate on this insurance shall be made in favor of the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983 and indicate paid up coverage for the term of the contract. D. The certificate of insurance TO BE SUBMITTED to the PURCHASING OFFICE, FACILITIES ADMINISTRATION BUILDING, 13300 OLD MARLBORO PIKE, UPPER MARLBORO, MARYLAND 20772-9983.

E. It will be the responsibility of the successful bidder(s) to ensure that a current Certificate of Insurance is on file in the Purchasing Office during the entire period of the contract.

F. The cost of the above insurance shall be considered an overhead or operating expense to the Contractor, similar to rental costs, utilities, automobile liability insurance, and other business related expenses. The premiums or costs to provide the above insurance shall not be directly related to the cost of the work or services specified in this Request for Quote.

XII. QUALITY

A. QUALITY of materials furnished shall be subject to our inspection upon receipt. If rejected, the material will be held for disposition at your risk and expense for a period of 30 days. After such period, the BOARD OF EDUCATION will not be responsible for the loss or misplacement of rejected materials.

B. DEVIATIONS from the specification of the materials shall not be accepted without prior written approval from the Purchasing Office.


C. QUALITY of the material ordered must not be changed without first obtaining our written approval. XIII. LAWS AND PERMITS

A. The contractor shall, without additional cost to the BOARD, be responsible for paying for and obtaining any necessary licenses, inspections and permits for complying with any and all FEDERAL, STATE AND LOCAL LAWS, CODES AND REGULATIONS, in connection with the performance of the work.

A. Laws of the STATE OF MARYLAND and PRINCE GEORGE’S COUNTY shall govern the contract.

XIV. TAXES

A. Bids submitted shall not include Federal Excise Taxes or State or Local Sales or Use Taxes (if applicable). The cost of any taxes that are lawfully due and paid by the contractor may be passed on to the Board of Education in the total cost of the contract. B. However, the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY is subject to the provisions of Article 81, Section 326 (a) of the Annotated Code of Maryland which provides that the Retail Sales Tax shall not apply to the following Sales:

1. State Sales - “Sales to the State of Maryland or any of its political subdivisions. Provided that this sub-section shall not be construed or applied to exempt any sale, otherwise taxable under this subtitle, or tangible personal property to contractors or builders to be used for the construction, repair or alteration of real property, on contracts advertised for bids after July 1, 1968.”

C. The aforementioned statement as to tax exemptions is advisory only. Bidders shall assume full responsibility for contract with the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY. They shall hold the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY safe and harmless from any liability for said taxes. D. The Board of Education of Prince George’s County Tax Exemption Certificate will be provided upon request.

MINORITY BUSINESS ENTERPRISES REQUIREMENTS

A. 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. This procedure also is to inform prospective bidders that the bid of the initially deemed lowest responsive bidder, if not a “Certified” Minority Business Enterprise, is subject to being matched by a “Certified” Minority Business Enterprise (MBE) entitled to do so by the provisions of the Administrative Procedure.

B. Only those businesses registered in the Oracle database and listed in the Minority Business Enterprise Office

directory for the Board of Education of Prince George’s County as a certified minority vendor at the time of any respective bid opening, shall be recognized as a “Certified Minority Business”. If not listed, evidence of acceptable certification from the Maryland Department of Transportation (MDOT), Prince George’s County Government and Washington Metropolitan Area Transit Authority (WMATA) must be provided to the Board’s Purchasing Office prior to any respective bid opening.

C. The Board of Education of Prince George’s County strongly encourages its Contractors to maximize the

use of qualified locally based minority and women-owned businesses within the geographical boundaries of Prince George’s County. The bidder or proposer should be able to verify, through documentation that good faith efforts were engaged to maximize the use of qualified local minority and women-owned businesses in Prince George’s County. Documentation of good faith efforts may be required to be submitted in the sealed bid or proposal.


D. Minority businesses are encouraged to submit bids in response to this notice. Administrative Procedure No. 3325 may be viewed at the Purchasing Office by prospective bidders. Further information required may be obtained by contacting the Minority Business officer at 301-952-6563.

XVI. CHANGES IN TERMS OR DELIVERY/COMPLETION DATE

A. After award of individual contracts, any questions or correspondence related but not limited to the following matters must be directed to the PURCHASING OFFICE, BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983, in writing:

1. Requests for deviation from the specifications, terms, or conditions of the contract 2. Bonding or insurance 3. Other matters.

B. In the event of strikes, Acts of God, or other circumstances beyond the contractors’ control, which prevent

completion of work or delivery, the contractor must secure temporary contractual relief. The circumstances and duration must be stated by the contractor in writing and be forwarded to the PURCHASING OFFICE within ten (10) days after their development. Contractual relief shall be only that which is acceptable to and in agreement with the PURCHASING OFFICE, for those goods and services, which are necessary for the day-to-day needs of the BOARD.

XVII. INVOICES

A. Invoices must be submitted in QUADRUPLICATE, ACCOMPANIED BY A SIGNED DELIVERY TICKET, TO THE CAPITAL PROGRAMS DEPARTMENT, ATTN: RITA MACK-WOODS, BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY,13300 OLD MARLBORO PIKE, ROOM 14, UPPER MARLBORO, MARYLAND 20772-9983, and contain the following minimal information:

1. Purchase order number 2. Request for Quote number 3. Delivery destinations as it appears on the purchase document 4. Quantity, item number, and description of item billed 5. Unit price and extended price of item 6. Total amount of invoice 7. Serial Number of each item

XVIII. PAYMENT

A. Payment will be made upon receipt of proper invoices. Payment shall be NET 30 days from date of receipt of

invoice. XIX. COMMERCIAL WARRANTY

A. The Contractor agrees that the supplies or services furnished under the Contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the BOARD OF EDUCATION by any other clauses of the Contract.

XX. DAMAGES OR INJURY

A. Qualifying contractors will be held pecuniary responsible for any and all damage to BOARD property done or caused by them or their employees or other personnel engaged in the execution of the contract. B. The contractor shall be similarly responsible for all injury to persons that occur as a result of his fault or negligence.


C. The contractor shall take proper safety and health precautions to protect the work, the workers, the public and the property of others.

D. The contractor shall be responsible for any and all damage to adjacent property incurred in the performance of the contract and shall hold the BOARD free of any and all claims for damages arising from the execution of the contract.

XXI. TERMINATION FOR CONVENIENCE

A. This contract may be terminated by the BOARD OF EDUCATION in accordance with this clause in whole or\ in part whenever the Board Contracting Officer shall determine that such a termination is in the best interest of the BOARD OF EDUCATION. Any such termination shall be effected by delivery to the Contractor at least five (5) working days prior to the termination date of a Notice of Termination specifying the extent to which performance shall be terminated and date upon such termination becomes effective. An equitable adjustment in the contract price shall be made for completed service, but no amount shall be allowed for anticipated profit on unperformed services.

XXII. TERMINATION FOR DEFAULT

A. The BOARD OF EDUCATION may, by written notice of default to the Contractor, terminate the whole or any part of the Contract in any one of the following circumstances:

1. If the Contractor fails to make delivery of the supplies or equipment exactly as specified or perform the services within the time and manner specified herein or any extension thereof, or

2. If the Contractor fails to perform any of the other provisions of this Contract, or so fails to

make progress as to endanger performance of this Contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) days (or such longer period as the Purchasing Office may authorize in writing) after receipt of written notice from the Purchasing Office specifying such failure, or

3. Willfully attempt to make delivery of items other than the items in the Contract, or perform the services

other than specified as to quality, contents of pack, work processes or otherwise, without specific authorization in the form of a contract amendment, or

4. If a determination is made by the BOARD OF EDUCATION that the obtaining of the Contract was

influenced by an employee of the BOARD having received a gratuity, or promise thereof, in any way or form.

XXIII. DISCLOSURE

A. Bidder shall not disclose information concerning work under this Agreement to any third party, unless such disclosure is necessary for the performance of the Agreement effort. No news releases, public announcement, denial or confirmation of any part of the subject matter of this Agreement or any phase of any program hereunder shall be made without prior written consent of the Board. The restrictions of this paragraph shall continue in effect upon completion or the parties may mutually agree upon termination of this Agreement for such period of time as in writing. In the absence of a written established period, no disclosure is authorized. Failure to comply with the provisions of this Clause may be cause for termination of this Agreement.

XXIV. INFRINGEMENT OF PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OTHER INTEREST

A. The following terms apply to any infringement, of claim or infringement, of any patent, trademark, copyright, trade secret or other proprietary interest based on the manufacture, normal use or sale of any material, equipment, programs or services furnished by Bidder to the Board, unless such infringement or claim results from the Bidder following written instruction or directions of The BOARD. Bidder shall indemnify the Board, for any loss, damage, expense, or liability that may result by reason of any such infringement or claim. Bidder shall defend or settle, at


Bidder’s own expense, any action or suit for which Bidder is responsible hereunder. The Board shall notify Bidder promptly of any claim or infringement for which Bidder is responsible and shall cooperate with Bidder in every way to facilitate the defense of any such claim.

XXV. NON-DISCRIMINATION

A. The Contractor is to conduct business in a non-discriminatory manner prohibiting discrimination in any manner against any employee or applicant for employment because of sex, race, creed, color, age, mental or physical disability, sexual orientation or national origin.

XXVI. RIGHT TO DATA

A. All data, reports and other documents generated for the BOARD and accumulated by the consultant/contractor in the

performance of this order/award, shall remain the property of the BOARD, and shall be returned to the control of the BOARD upon completion of the contract. No personal student or BOARD information, as defined by federal and state law and BOARD policy, shall be disclosed or published unless otherwise agreed herein.

XXVII. RIGHT TO AUDIT

A. The contractor shall agree that in accordance with Section 952 of the Omnibus Budget Reconciliation Act of 1980, its contracts, books, documents and records will be made available to the Comptroller General of the United States and the BOARD until the expiration of services is finalized under this Agreement.

XXVIII. AVAILABILITY OF FUNDS

A. A contract shall be deemed executory only to the extent of appropriations available to the BOARD for the purchase of such articles. The obligation of the BOARD on all contracts, including those which envision funding through current and successive fiscal years, shall be contingent upon actual Board appropriations for the fiscal year(s) involved.

XXIX. RESTRICTIONS

A. Potential contractors/vendors of the Board of Education of Prince George's County Schools are advised that Maryland law now provides the following mandatory restrictions on registered sex offenders performing work or services on school system property: B. "A person who enters into a contract with a county board of education or a nonpublic school may not knowingly employ an individual to work at a school if the individual is a registrant. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both." C. Persons or entities awarded contracts with the Board of Education of Prince George's County are required to certify that no employee, subcontractor, subcontractor employee, or material supplier that is a registered sex offender will be allowed to enter onto school system property at any time in the performance of the work or services for which the contract is awarded. Such certification is a condition precedent to any contract award, and failure to so certify will be grounds for not awarding a contract. It will be the responsibility of contractors to obtain similar certification from all sub-contractors and material suppliers performing work or services on school system property and to monitor adherence to this requirement. In the event that the Board of Education of Prince George's County determines that a registered sex offender has entered upon school system property in the performance of work for a contractor/vendor, such will be grounds for termination of the contract.


XXX. FINGERPRINT AND BACKGROUND CHECKS

A. Pursuant to BOARD Administrative Procedure 4215, all Independent Contractors and Outsourced Agencies and their employees who will be on BOARD property and may have contact with students, MUST have a fingerprint and background check provided by the BOARD at the contractor’s expense. The contractor will be responsible to call the Fingerprinting Office at 301-952-6775 to schedule an appointment.

XXXI. BIDDER'S QUALIFICATION

A. Bidders may be required to furnish satisfactory evidence that they are qualified dealers or manufacturers of the items listed, or regularly engaged in performing the services on which they are bidding, and in both cases maintain a regularly established place of business. An authorized representative of the BOARD OF EDUCATION may visit any prospective Contractor's place of business to determine his/her ability, capacity, reliability, financial stability and other factors necessary to perform the Contract.

XXXII. FAILURE TO RESPOND

A. Failure to make response to this Request for Quote may cause removal of your name from our bidders mailing list for this commodity or service. Those bidders wishing to remain on the mailing list for this commodity or service but do not desire to submit a bid at this time, should affix the enclosed mailing label, marked "no bid", to an envelope with the company's name and return address clearly shown, and mail as indicated on the label. If you are not a supplier of this commodity or service submit a "no bid" and request your name be removed from our mailing list for this commodity or service only.

XXXIII. ASBESTOS

A. This is to notify all Offerers of the existence of asbestos containing materials used in the Prince George's County Public Schools. Contractor’s employees, including subcontractors, are prohibited from conducting any activities that can result in damage to asbestos containing material or in the release of asbestos fibers into the air. The Prince George's County Public Schools has inspected all buildings per the Asbestos Hazard Emergency Response Act (AHERA) and maintains a management plan for each building that details the location and condition of all asbestos containing materials. It is required that a responsible official of the successful offeror’s company visit the Prince George's County Public Schools Environmental Office to review and understand the management plan for the building(s) involved in this specification. THE CONTRACT MAY NOT BE AWARDED UNTIL THIS REQUIREMENT IS MET. Access to the material is required. It is the responsibility of the Offerer to arrange such a review via the Contractual Point of Contract listed below.

B. The Contractor shall be responsible for all asbestos removal within the work area and shall include in his

proposal all costs related to asbestos removal.

C. The BOARD recognizes that Offerers may need to review the management plans and/or make a site visit to the school involved in the specification before submitting their proposals. Offerer should call the Prince George's County Public School’s Environmental Office at 301-952-6525 to make arrangements for such actions.

D. It is the Contractor’s responsibility to make his/her employees and all Subcontractors’ employees aware of

the existence and location of all asbestos containing material and to take appropriate action in accordance with all applicable federal, state and county guidelines whenever the Contractor has discovered any of the following conditions:

1. Asbestos containing material in the work area that must be removed before the Contractor will be able to continue work.

2. Asbestos containing material in the work area that has preexisting damage.


3. Asbestos containing material in the Contractor’s work area that is undamaged, but which may be affected by the Contractor’s activity.

4. Work performed by the Contractor has resulted in damage to asbestos containing material or

other wise has caused the release of asbestos fibers into the air.

E. The BOARD reserves the right to back charge the Contractor for the actual cost of all measures required by the BOARD to correct asbestos damage or fiber release episodes that are the result of the Contractor’s actions. The BOARD also reserves the right to conduct work in progress inspections at any time. The BOARD personnel conducting these inspections will be have the authority to immediately stop work if they find work practices that result in damage to asbestos containing material or otherwise result in asbestos fiber release.

F. A verification of the Contractor’s review of the Asbestos Management Plan(s) will be kept in the Contract

File. The Contractor shall submit the following verification to the Owner:

1. SAMPLE FORM: I/We, he undersigned, have reviewed and understand the Asbestos Hazard Emergency Response Act Management Plan(s). I/We also acknowledge that our employees will be notified of the existence and location of asbestos containing materials as described in the Management Plan. Our employees will take care to avoid damage to such asbestos containing materials and will immediately STOP WORK and Notify the BOARD’s ENVIRONMENTAL OFFICE if any material is damage or if fibers are released into the air.

XXXIV. MOSH

MARYLAND OCCUPATIONAL SAFETY & HEALTH (MOSH) REQUIREMENTS

A. All contracts with the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY shall be governed by the STATE OF MARYLAND OCCUPATIONAL SAFETY AND HEALTH (MOSH) LAWS. Where any difference(s) may exist between any particular MOSH standard(s) and the corresponding, related United States Occupational Safety and Health Administration (OSHA) standard(s), MOSH LAW SHALL TAKE PRECEDENCE.

1. Offerers submitting proposals relative to any BOARD Request for Proposals shall have the obligation and

responsibility of being knowledgeable with any/all MOSH Laws applicable to any respective Request for Proposals, before submitting any offers. Unfamiliarity shall not be recognized, nor considered, as cause for relief from any subsequent contract.

2. Information pertaining to any particular MOSH Law(s) may be obtained from:

STATE OF MARYLAND DEPARTMENT OF LICENSING AND REGULATION Division of Labor and Industry/Maryland Occupational Safety and Health 1100 North Eutaw Street Baltimore, Maryland 21202 Telephone No.: 410-767-2215

B. Delivery/Installation

1. In the performance of this contract, the contractor, their sub-contractor(s), agent, representative, or designee

shall conform to all MOSH requirements in the performance of deliveries or installation of equipment and materials ordered herein.

C. Equipment/Materials


1. The contractor shall be responsible to deliver only that equipment and materials which conforms in all respects to MOSH requirements. Any deficiencies found by MOSH inspectors or the BOARD SAFETY OFFICER in equipment or materials delivered herein and deficient to MOSH standards existing at the time of the contract award, shall be promptly corrected by the contractor at no cost to the BOARD OF EDUCATION.

D. Maryland Occupational Safety and Health (MOSH) “Access to Information About Hazardous and Toxic Substances” Law (Article 89)

1. All contractors providing products deemed as “hazardous” under the above referenced Law, shall provide

properly completed Material Safety Data Sheets (including any up-dated information) for the respective products. The Material Safety Data Sheets shall be mailed to the SAFETY OFFICE, BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, FACILITIES ADMINISTRATION BUILDING, 13300 OLD MARLBORO PIKE, UPPER MARLBORO, MARYLAND 20772-9983; and the mailing shall coincide with date of shipment of the respective product(s) to the designated location as specified in the Request for Proposal.

2. All contractors shall also have the responsibility to ensure that each container of hazardous chemical

delivered is labeled, tagged, or marked in accordance with MOSH Article 89 Law and have the following minimal, acceptable information:

a. Identity of the hazardous chemical. b. Appropriate hazardous warnings. c. Name and address of the chemical manufacturer, importer, or distributor. Labels, tags, or markings shall be legible, printed in English, and prominently displayed on each container, as required by Law.

3. All contractors shall have the responsibility of furnishing sufficient additional labels, if needed, upon the

BOARD’S request, at no additional cost to the BOARD.

E. The BOARD reserves the right to refuse acceptance of any product(s) whether delivered or installed, which does not conform to the aforementioned MOSH Article 89 requirements, with the cost of return or replacement being the total responsibility of the providing contractor.

XXXV. BUY AMERICAN STEEL

A. Consistent with the provisions of the Maryland Annotated Code, Article 78A, Sections 68 through 72, inclusive, known as the "Buy American Steel" Act of the General Assembly of Maryland, Acts of 1978.

B. Wherever in these INSTRUCTIONS TO BIDDERS, "steel products," as hereafter defined, are part of the supplies, services or construction required by Owner, for the construction, reconstruction, alteration, repair, improvement or maintenance of public works, the parties bidding shall predicate their base offer solely upon "steel products" manufactured in the United States of America or one of its territories, continental or insular, subject to the jurisdiction of the United States, unless such "steel products" are not produced in the United States in sufficient quantities to meet the requirements of the Contract, in which event the Total Base Bid is to contain a certification to this effect.

C. Each bidder shall furthermore attach to his BID FORM (using the Substitution Request Form), the proposed

cost of the supplies, services or construction required by Owner where foreign "steel products" are proposed to be used.

D. The Owner, in addition to all other reservations set forth in the Bidding

Requirements, shall at the time of the issuance of the Award and Contract pursuant thereto, determine whether the supplies, services or construction required is to utilize "steel products" of domestic or foreign origin.


E. Note further, that in the event the Award and Contract pursuant thereto is predicted upon the utilization of

domestic "steel products," then, in addition to all other requirements mandated for performance hereafter in these INSTRUCTIONS TO BIDDERS, and all documents issued in conjunction therewith, the person, corporation, partnership, or other business unit or association to whom the Award and Contract pursuant thereto is issued, shall as a further condition precedent to the obtaining of final payment from Owner, furnish same with a certificate under oath that all "steel products" supplied, delivered or constructed were of domestic origin.

F. The "Buy American Steel" Act of Maryland defines "steel products" as any product:

"rolled, formed, shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed, or processed by a combination of two or more of such operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, bessemer, or other steel making process."


PROPOSED SCOPE OF WORK



Design/Build services to furnish and install Walk-In Refrigerator/Freezer Unit at John Hanson French Immersion @ G. Gardner Shugart Middle School as specified:

Walk-in Refrigerator/Freezer

1. Disconnect, remove, and dispose of existing walk-in refrigerator/freezer box and refrigeration unit.

2. Supply and install 8’ x 15 x 8’ 6”’ walk-in refrigerator/freezer box with wire shelving, appropriate sized refrigeration units, and air curtains. Freezer section will be 10’ x 8’ x 8’6”. Refrigerator will be 5’ x 8’x 8’6”. Interior and exterior walls will be made of 26 gauge Galvalume steel with insulation of rigid Foamed in Place urethane. The floor must be level with kitchen floor and be able to hold loads of 700 lbs. per square foot. Along with the door’s kick plate, the floor will be covered in diamond plate. The ceiling will be made of pre-painted white Galvalume steel and will have a 4 ft. double tube florescent light fixture with shatter proof cover in both the refrigerator and the freezer. Both doors must open at grade level and have a window. Each unit must be equipped with temperature alarm. Light switch and thermometer with alarm for both units are to be located on the exterior of box next to the door. Compressors shall be air cooled and will be located in space provided for current compressor. Compressors should be hermetic and use 404R refrigerant.

3. Install Sprinkler system as required by the governing code and in the unit. Contractor Responsibilities:

1. Final measurements are the responsibility of the contractor. 2. Asbestos abatement as needed. 3. Meeting all the design and construction codes. 4. The contractor is responsible for procuring all permits. 5. All material and work must meet Federal, State, County, and Local Codes, as well as Health Department

Regulations and approval.


Other Requirements:

A. The Contractor shall be responsible for the following;

• Preparation of all design drawings and specifications for approvals by Owner • Obtaining all required permits for the project before construction is commenced • Safety Program • Construction methods, techniques, sequences and procedures to complete the project within the

contract period, schedule and budget. • Submission of updated schedule, project updates, RFI’s, PCO’s and CO’s, if any, with every

payment requisition • Close-Out Documents to be submitted with Request for Final Payment:

o As-built drawings o Health Department Final Compliance Inspection Approval o Construction Final Inspections, Certifications and Approvals

B. Construction Notes:

• Working hours during the summer are from 7AM to 9:30PM from Monday through Thursday. • Should some punch list work need to be done during the school year, this work shall be done

from 3:00PM to 10:00PM. • Should the Contractor need to work outside of the prescribed hours above, the Owner shall be

notified and it shall be put in writing that the Contractor will be responsible for the costs of Owner’s Custodial Overtime work.

• Schedule of Values shall be submitted for approval prior to submission of payment requisition • No additional work shall be done without prior written approval from the Owner • All Proposed Change Orders shall be submitted on Unit Cost • All change order documents shall be submitted for approval. • All incorrect payment requisition information shall be returned to the contractor for correction

and resubmission. • All non-holding/defective valves shall be replaced by the contractor at no additional cost. • Contractors shall provide notifications and explanations for each day work is not performed at

the site. • Contractor shall repair, replace, as required, all leaking pipes, broken surfaces and ceilings

within the scope of work and affecting the integrity of the project. • All equipment submittals shall be approved by PGCPS prior to installations. • Contractor shall confirm the entire existing physical work environment before design, ordering

and installation to ensure utilities compatibility. • Areas damaged during construction activities shall be repaired by the contractor at no cost to

PGCPS. • Contractor shall provide the following information to PGCPS; equipment ordering information,

company, contact, order number, order dates, permit number and contact. • Contractor shall be responsible for all his/her equipment, tools and items stored on PGCPS

properties. • Contractor shall be responsible for the project welfare pending substantial completion. • Contractor shall be responsible for all abatement work within the contract. • Contractor shall prepare documents and obtain approvals and the required permit prior to

Installation and construction.


PGCPS Approved Vendors for Large Kitchen Equipment must be utilized. Models may be provided as stated or equal. If offering a model different from that referenced, you must clearly indicate such and any deviations from the specifications of the referenced equipment and provide a specification sheet which addresses all features of the equipment offered. PGCPS reserves the right to make all determinations of equivalency. Please see attached list. PGCPS Pre-Qualified Contractors for Asbestos Abatement must be utilized. Please see attached list.


FEE PROPOSAL



RESPONDENT: _________________________________________________________________ (Pre-Qualified Contractor) The above firm proposes to complete the services as outlined in the Request for Quote for the following Amount: Allowance must be included in the BID: Allowance No. 1 – Contingency Allowance ……… $10,000.00 $_____________________ Walk-In Refrigerator/Freezer Unit $_____________________ Design/Build FEE $_____________________ TOTAL COST: $_____________________ Work will commence within ______ calendar days of receipt of a Notice to Proceed and be completed within ____ calendar days of commencement. ___________________________________________________________________________________ VENDOR NAME (print name) ___________________________________________________________________________________ ADDRESS ___________________________________________________________________________________ SIGNATURE ___________________________________________________________________________________ PHONE # FAX # __________________________ _______________________________ EMAIL ADDRESS DATE

THIS IS NOT A PURCHASE ORDER. We will consider your quotation an offer to provide services. Acceptance by the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY will be in the form of a Notice of Contract Award and corresponding Purchase Order issued to your company. Your quotation must be received at the Purchasing Office, 13300 Old Marlboro Pike, Upper Marlboro, Maryland 20772-9983, no later than 2:00 P.M, May 7, 2013.


AFFIDAVIT

This document must be completed, signed by an authorized company official & submitted with your bid response. The signature must original (signed in ink) or your bid will be ruled non-responsive. Contractor Bid No. Address City, State and Zip Telephone Fax Email

FOR MINORITY USE ONLY

LOCALLY BASED MINORITY BUSINESS: PGC MBE____ PGC MWE _____ MD MBE_____ MD MWE_____ INDICATE IF YOU ARE A MINORITY BUSINESS CERTIFIED BY: P.G. COUNTY GOVERNMENT: Certification No.: ___ MD. STATE DEPT. OF TRANSPORATION: Certification No.: ______________________

AFFIDAVIT I

The Contractor, his agent, servants and/or employees, have not in any way colluded with anyone for and on behalf of the contractor or themselves, to obtain information that would give the Contractor an unfair advantage over others, not have thy colluded with anyone for and on behalf to the contractor, or themselves, to gain any favoritism in the award of the contract herein.

AFFIDAVIT II No officer or employee of the Board of Education Prince George's County Public Schools, whether elected or appointed, has in any manner whatsoever, any interest in or has received prior hereto or will received subsequent hereto any benefit, monetary or material, or consideration from the profits or emoluments of this contract, job, work or service for the Board, and that no officer or employee has accepted or received or will receive in the future a service or thing of value, directly or indirectly, upon more favorable terms than those granted to the public generally, nor has any such officer or employee of the Board received or will receive, directly or indirectly, any part of any fee, commission or other compensation paid or payable to the Board in connection with this contract, job, work, or service for the Board, excepting, however, the receipt of dividends on corporation stock.

AFFIDAVIT III Neither I, nor the Contractor, nor any officer, director, or partners, or any of its employees who are directly involved in obtaining contracts with the Board have been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state, or of the federal government for acts of omissions committed.

AFFIDAVIT IV Neither I, nor the Contractor, nor any of our agents, partners, or employees who are directly involved in obtaining contracts with the Board have been convicted within the past 12 months of discrimination against any employee or applicant for employment, nor have we engaged in unlawful employment practices as set forth in Section 16 of Article 49B of the Annotated Code of Maryland or, of Sections 703 and 704 of Title VII of the Civil Rights Act of 1964.

AFFIDAVIT V I further affirm that neither I nor the above firm shall knowingly enter into a contract with the Board under which a person or business debarred or suspended from contracting with a public body under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland, will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction. I acknowledge that this Affidavit is to be furnished to the Board. I acknowledge that I am executing this Affidavit in compliance with the provisions of Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland which provides that persons who have engaged in certain prohibited activity may be disqualified, either by operation in law or after a hearing, from entering into contracts with the Board. I further acknowledge that if the representations set forth in this Affidavit are not true and correct, the Board may terminate any contract awarded, and take any other appropriate action. I do solemnly declare and affirm under the penalties of perjury that the contents of the foregoing affidavit are true and correct to the best of my knowledge, information and belief. Signature Date Printed Name Title- Authorized Official If a corporation, it was organized under the laws of the state of, in the year _______ a partnership, list names of partners .

Quote No. RFQ # 91761 Pag

LOCAL MBE INITIATIVE NOTICE TO VENDOR

Minority Business Enterprise Participation: Prince George’s County is strongly committed to ensuring the maximum participation of qualified local minority business on PGCPS projects as contractors and subcontractors for the procurement of goods and services. Notification is hereby given that qualified local minority business are encourage to participate in the bidding process by submitting bid/proposals packages for this project Bidders/Proposers are hereby notified that qualified local minority shall have the maximum opportunity to compete for and perform such contracts and subcontracts and provide material supplies for such contracts and subcontracts in accordance with PGCPS local minority initiative. Bidders/Proposers should complete the “Tabulation of Subcontractors and Material Suppliers” form (Attachment A) listing all subcontractors and material suppliers, including qualified local minority business and material suppliers that will participate on this project. Enforcement of Initiative: Any individual or entity that engages in fraud, misrepresent, or wrongful conduct, whether by act or omission, related to its participation in, or eligibility to participate in this Local initiative, shall be in violation of the program. This determination shall be solely at the discretion of PGCPS Purchasing Department. Violators may be subject to, on an individual and/or entity basis, debarment or suspension from participating in the Districts contracts in accordance with the Board, County and/or State Debarment and Suspension Policy All factors being equal, priority shall be given to Vendors in the following sequence:

a. The Prince George’s County Minority/ Woman Owned Business b. The Prince George’s County Vendors other than Minority/ Woman Owned Business c. The Maryland vendor who is Minority/ Woman Owned Business d. The Maryland vendor, other than a Minority/ Woman Owned Business

e 25

UOTE NO.: Q91761 PAGE NO.: 26

ATTACHMENT A The undersigned states that the following is a complete list of the proposed Subcontractors and Material Suppliers on this project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the Purchasing Department. Please add more lines if necessary. (Check appropriate Business Type) Percentage or Price of Work/Material Local Local MD MD Subcontractor Name Class of Work or Material to complete work MWB Other MWB Other 1. _____________________________ _____________________ ________________ 2. _____________________________ _____________________ ________________ 3. _____________________________ _____________________ ________________ 4. ____________________________ _____________________ ________________ 5. ____________________________ ______________________ ________________ Percentage or Price of Work/Material Local Local MD MD Materials Supplier Name Supply/ Material to complete work MWB Other MWB Other 1. _____________________________ _____________________ ________________ 2. _____________________________ _____________________ ________________ 3. _____________________________ _____________________ ________________ 4. ____________________________ _____________________ ________________ 5. ____________________________ ______________________ ________________ Company Name: _____________________________ By: _____________________________ Completion and submission of this form with the bid is Date: ______________________________________ Title: ____________________________ mandatory for bid to be considered responsive.

Q

Attachment 1 to A.P. 3325

MINORITY BUSINESS ENTERPRISE UTILIZATION AFFIDAVIT

The undersigned as contractor does hereby make the following Affidavit. I acknowledge the Minority Business Enterprise participation of fifteen percent (15%) minimum, unless otherwise stated in the bid documents for the contract with the Prince George's County Board of Education and commit to make a good faith effort to achieve this requirement. In the solicitation of subcontract quotations or offers, all Minority Business Enterprise (MBE) subcontractors were provided not less than the same information and amount of time to respond to the solicitations as non-minority business enterprise subcontractors. The solicitation process was conducted in such a manner so as to otherwise not place MBE subcontractors at a competitive disadvantage to non-MBE subcontractors. I understand and agree, that if awarded the contract, we will implement the provisions of the above paragraph with respect to subcontracts to be let after the award of the contract, but that such subcontracts will not be let until the Board of Education has reviewed and approved the Minority Business Enterprises submittals. I understand that the failure to submit the affidavit to the Board of Education shall result in a determination that this bid is non-responsive. I understand and agree that, if awarded the contract, I will and do hereby authorize representatives of the Board of Education and the Interagency Committee for Public School Construction to examine, from time to time, the books, records and files of this organization to the extent that such data relates and pertains to the affirmative action pursuant to this contract. I do solemnly declare and affirm under the penalty of perjury that the contents of the foregoing document are true and correct to the best of my knowledge, information, and belief. _________________________ ___________________________ Company Name Signature Date _________________________ ___________________________ Address Print Name Sworn and subscribed before me this _____________ day of __________, 20___. ____________________________ Notary Public

MBE Form #1 1/94

Attachment 2 to A.P. 3325 MINORITY SUBCONTRACTOR UNAVAILABILITY CERTIFICATE

1. It is hereby certified that the firm of ______________________________________________________________________________ (Name of Minority Firm) (Telephone) ______________________________________________________________________________ (Number) (Street) (City) (State) (Zip) Was offered an opportunity to bid on the ________________________________________school

Project in______________________________________________________________________

County/City

by____________________________________________________________________________

(Name of Prime Contractor's Firm)

______________________________________________________________________________

(Address) 2. The ____________________________________________is either unavailable for the

(Name of Minority Firm)

work/service or unable to prepare a bid for this project for the following reason(s): (check one of the following): _____ unavailable for the work/service for this project, _____ is unable to prepare a bid, _____ did not respond to a request for a price proposal _____ Other please state __________________________ ______________________ Prime Contractor Signature Date ______________________ Title

MBE Form #5 1/94

Attachment 3 to A.P. 3325 REQUEST FOR WAIVER

Contractor _______________________________________ Name of Project _____________________ I do hereby request that an exception be granted to the requirement that a minimum of fifteen percent (15%) of the total value of this contract be placed with Minority Business Enterprises. In connection with the above-captioned project and this request, I hereby certify that I am the __________________________________and duly authorized representative of (Title) ______________________________________________________________________ (Company Name & Address) I further certify that I have submitted a Schedule for Participation of Minority Business Enterprises (MBEs), which reflects the percentage and dollar value of MBE participation, which my company expects to achieve for this contract. That percentage is ______% and the dollar value is $ __________. Therefore, the Request for Exception is for __________ percentage and __________ dollar value. To support this Request for Exception, I include the following information as attachments, which I certify to be true to the best of my knowledge, information and belief: 1. A statement of the efforts made by my company to contact and negotiate with MBEs, including the names, addresses and telephone numbers of MBEs contacted; 2. A description of the information provided by MBEs regarding the plans and specifications for portions of the work to be performed; 3. A statement of the efforts made by my company to select portions of the work proposed to be performed by MBEs in order to increase the likelihood of achieving the stated goal; 4. For each MBE, which placed a bid, which my company considers to be unacceptable, we are submitting a statement, which explains the basis for our conclusion that the minority business bid is unacceptable; 5. A list of minority subcontractors found to be unavailable with attached Minority Subcontractor Unavailability Certificate(s). _______________________ _________________________ (Date) (Signature)

(Print Name) Sworn to and subscribed before me this ____________day of __________, 20 ______. ___________________________________________ (Notary Public) MBE Form #4 1/94

Attachment 4 to A.P. 3325

STATEMENT OF INTENT

PROJECT NAME:______________________________________________________________________________ PROJECT LOCATION:____________________________________________________________ A. Name of Prime Contractor: B. Name of MBE: C. Certified by: MDOT and Prince George's County Government (Please circle)

Cert. # ________________________

1. Work/Services to be performed by MBE:

2. Subcontract Amount: $ ____________________

3. Bonds - Amount and type required of MBE, if any:

4. MBE Commencement Date: Completion Date:

5. This MBE subcontract represents the following percentage of the total project cost: _________%

6. The undersigned subcontractor will enter into a contract with

for the work/service indicated above the prime contractor's execution of a contract for the above-referenced project with the Board of Education. The undersigned subcontractor is a certified Minority Business Enterprise, or has applied for certification. The terms and conditions stated above are consistent with our agreements. ___________________________

Print Name of Subcontractor Signature of Subcontractor

7. The terms and conditions stated above are consistent with our agreements.

___________________________ ___________________________ Print Name of Prime Contractor Signature of Prime Contractor MBE Form #3 1/94

Attachment 5 to A.P. 3325 SCHEDULE FOR PARTICIPATION OF MINORITY BUSINESS ENTERPRISE

1. PRIME CONTRACTOR - NAME OF FIRM & ADDRESS: (Number, Street, City, State,

Zip Code)

Telephone: __________________________ Fax_________________________________ 2. PROJECT LOCATION: (Number, Street, City, State, Zip) _________________________________________________________________________ 3. PROJECT NUMBER: _____________________ 4. TOTAL CONTRACT DOLLAR AMOUNT: $ ________________________ PROJECT NAME: ________________________________________________________ 5. LIST THE DATA REQUESTED FOR EACH MINORITY FIRM INVOLVED IN THIS

PROJECT: _________________________________________________________________________

a. MINORITY FIRM & ADDRESS: (Number, Street, City, State, Zip) ____________________________________________________________ ____________________________________________________________

Work or Service to be performed: _________________________________________________________

Project Commencement Date: ___________________________ Project Completion Date: ______________________________ Agreed Dollar Amount: $ ______________________________ Percentage of Total Contract: _______________ %

Certified by: MDOT and/or Prince George's County Government Cert. No. ______________________________ b. MINORITY FIRM: (Number, Street, City, State, Zip)

Work or Service to be performed:

Project Commencement Date: _____________________________ Project Completion Date: ________________________________ Agreed Dollar Amount: $ _________________________________ Percentage of Total Contract: ____________________________ %

Certified by: MDOT and/or Prince George's County Government Cert. No. _____________________________

6. MINORITY FIRMS TOTAL DOLLAR AMOUNT: $______________________ MINORITY FIRMS TOTAL PERCENTAGE: __________________________% MBE Form #2 5/2004

ADMINISTRATIVE PROCEDURE

3325 Procedure No.

Ju.y 1, 2004 Date

MINORITY BUSINESS ENTERPRISE

PROCUREMENT PROCEDURES

I. PURPOSE: To establish a resolution that a goal of 30 percent be attempted on all

contracts with a minimum of 15 percent requirement of the total dollar value for all Prince George’s County Public Schools’ contracts for materials (other than materials of instruction), supplies, equipment, services and construction, as entered into during any fiscal year, be purchased directly or indirectly from Minority Business Enterprises (MBEs).

II. POLICY: As set forth in state law and county ordinance, the Prince George's

County Public Schools' Minority Business Enterprise Program must meet certain statutory and regulatory requirements. In recognition of existing state and county statutes, rules, regulations, and resolutions, and consistent with statutory provisions related to bidding proposals and awards thereon by local boards of education, the Board of Education of Prince George's County adopted a minority business Administrative Procedure on April 21, 1986. This procedure, revised on July 1, 2004, supersedes the procedure of June 30, 1998.

III. BACKGROUND: The following regulations all seek to achieve certain minimum

percentages of total contract expenditures for minority business enterprises, as hereafter defined, where state or county funds are involved. A. Annotated Code of Maryland, State Finance and Procurement, Article

14-301.

B. Annotated Code of Maryland, Education, Article Section 5-301.

C. Annotated Code of Maryland, Education, Article Section 4-125. D. Code of Maryland Regulations, Title 21, Subtitle 11, Chapter 3.

E. Prince George's County Code, 10-A, Subdivision 10A-136, Assistance to

Minority Business Enterprise.

F. Interagency Committee Rules, Regulations and Procedures for the Administration of the School Construction Program, Section 15 (approved by Board of Public Works, October 6, 1993).

IV. DEFINITIONS:

A. Minority Person: A member of a socially or economically disadvantaged minority group that for the purposes of this procedure includes African Americans, American Indians/Native Americans, Asians, Hispanics, Women, Physically or Mentally challenged individuals, and Not-for-Profit

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entities organized to promote the interests of physically or mentally disabled individuals.

B. Minority Business Enterprise (MBE): Any legal entity, other than a joint

venture, that is at least 51 percent owned and controlled by one or more minority person(s), organized to engage in commercial transactions.

C. Ownership:

1. For a sole proprietorship to be deemed a minority business

enterprise, the sole proprietor must be a minority person. If the ownership interest held by a minority person is subject to formal or informal restrictions such as options, security interests, agreements, etc., held by a non-minority person or business entity, the options, security interests, agreements, etc., held by the non-minority person or business entity must not significantly impair the minority person's ownership interest.

2. For a partnership to be deemed a minority business enterprise, at

least 51 percent of the partnership's assets or interests must be owned by a minority person or minority persons. If the ownership interest held by a minority person is subject to formal or informal restrictions such as options, security interests, agreements, etc., held by a non-minority person or business entity, the options, security interests, agreements, etc., held by the non-minority person or business entity must not significantly impair the minority person(s) ownership interest.

3. For a corporation to be deemed a minority business enterprise, legal and equitable ownership of at least 51 percent of the aggregate of all classes of stocks, bonds, or other securities issued by the corporation must be owned by a minority person(s). If an ownership interest held by a minority person is subject to formal or informal restrictions such as options, security interests, agreements, etc., held by a non-minority person(s) or business entity, the options, security interests, agreements, etc., held by the non-minority person(s) or business entity may not significantly impair the minority person(s)’ ownership interest. (Note: stock held in trust is not considered as stock held by the disadvantaged business persons when computing the business person(s)’ ownership).

D. Control: Minority owners shall either collectively or individually possess the working knowledge of the technical requirements needed, power to

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direct or cause the direction of management, policies and objectives and to make all substantive, day-to-day decisions on applicant's major and/or essential operations. In addition, the applicant must demonstrate technical knowledge of the firm’s major areas of work. No formal or informal restrictions of any kind shall exist which limit the customary discretion necessary for actual business control by the minority owners.

E. Certification: The determination that a legal entity is a minority business enterprise consistent with the provisions of Subtitle 3 (13-301b) of the State Finance and Procurement Article.

F. Certified Minority Business Enterprise: A minority business that holds a

certification issued by Maryland Department of Transportation (MDOT) or recertification issued by Prince George's County Government.

G. Race Neutral Measure: Means a method that is or can be used to assist

small businesses.

H. Minority Business Enterprise Coordinator: The employee designated to administer the Board of Education's Minority Business Enterprise Program.

I. Buyer: Purchasing agent-handling solicitations.

V. MINORITY BUSINESS ENTERPRISE PROGRAM RESPONSIBILITIES:

A. A roster of MBEs, listing each firm by commodity and service provided, certification, minority business code, location, and current certification status, shall be maintained in Purchasing Services.

B. The MBE Coordinator, who shall be an employee assigned to Purchasing Services, shall have the direct responsibility for maintaining said roster.

C. Any MBE on a current listing of Maryland Department of Transportation or Prince George's County Government list of certified MBEs shall, upon furnishing evidence of such, be automatically deemed eligible for placement on the roster of MBEs of Prince George's County Public Schools.

VI. CERTIFICATION: The determination that a legal entity is an MBE consistent with the intent of Subtitle 3 of the State Finance and Procurement Article.

VII. TECHNICAL ASSISTANCE-OUTREACH-TRAINING EFFORTS: The MBE Coordinator shall have the direct responsibility for implementing a

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"Technical Assistance-Outreach-Training Program" for small and minority vendors. Said program may cover any and all factors necessary to enable small and minority firms to do business with Prince George's County Public Schools.

VIII. SOLICITATION OF BIDS: All Invitations for Bid (IFB) and Requests For

Proposal (RFP) will be reviewed and may, at the discretion of the Board of Education’s representative, require a percentage equal to 30 percent but a minimum of 15 percent participation by minority businesses as defined herein in supply, service, construction, moveable equipment, and architectural and engineering services contracts.

IX. ADVERTISING INVITATIONS FOR BID: Prior to advertising an Invitation

for Bid (IFB), a Prince George's County Public Schools’ representative from the appropriate division responsible for the contract, a Purchasing agent, and the MBE Coordinator will jointly identify all subcontractable opportunities in the IFB. All bids will include the following information: A. The Prince George’s County Public Schools does not discriminate on the

basis of race, color, sex, or national origin in consideration for award. Minority businesses are encouraged to submit bids in response to this notice.

B. Minority business firms will be considered as minority business contractor or subcontractor, if certified by any of the following: Prince George’s County Government and the Maryland Department of Transportation.

C. The certified minority business goal for each IFB will be noted on the front cover of the IFB under “Special Note” and identified as a deliverable in the contract.

X. SOLICITATION PROCESS FOR PHONE AND WRITTEN QUOTES.

THIS PROCESS INCLUDES PROFESSIONAL SERVICES (Architects, Engineers, Non-Instructional Services Consultants, Contractual Services, etc.) A. For contracts less than $5,000, solicitations from more than one vendor are

not required. Users and buyers are strongly encouraged to solicit from MBEs in addition to other prospective bidders.

B. If contracts are estimated to be between $5,001 - $10,000, a minimum of three (3) qualified firms shall be solicited for quotations. Two (2) firms are to be a certified minority. If three (3) firms cannot be solicited, or if pricing is obtained directly from the manufacturer or its direct distributor, a note of explanation shall be made on the quotation worksheet. Current

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catalog prices and prior bid prices may, if confirmed by the supplier, serve in lieu of quotations. Certified minority business enterprises (MBEs) should always be contacted in addition to other prospective bidders.

C. A request for written quotations shall be solicited when the estimated dollar value of the request exceeds $10,001 but is less than $15,000. A written specification shall be prepared and mailed to a minimum of three (3) firms requesting written quotations of pricing. A minimum of two (2) minority firms shall be sent the solicitation.

D. Formal bids are required for procurements over $15,000.

E. Local MBE firms within Prince George's County should be contacted first for telephone and written solicitations. If there are less than 3 MBE firms available in Prince George’s County, a broader search of the MDOT MBE Central Directory at www.marylandtransportration.com (click on MBE/DBE Program and proceed to the Directory) shall be contacted.

F. In the event the buyer/user department is unable to locate a minority firm

for a specific service, the MBE Coordinator shall be contacted as an additional resource.

G. Evaluation and selection of professional services - The contract process for

these services will involve Purchasing Services. XI. SOLICITATION PROCESS FOR FORMAL BIDS:

A. To be considered a responsive bidder, contractors are required, when specified in bid documents, to subcontract with MBEs for the stated percentage of the total dollar value of the contract price. (The percentage of MBE participation is based on the anticipated value of the contract.) Should MBE participation be required, MBE forms 1 through 5 must be completed and submitted within ten (10) days after notification of being low bidder.

B. Bonus Points: Minority Business Enterprise (10%) Prince George’s County Based Minority Business Enterprise (15%) 1. During the evaluation process the Buyer shall determine the

eligibility of any participating certified MBE to match the bid of the lowest responsible bidder by application of bonus points.

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2. In determining if a certified MBE is entitled to match the competitively bid price of the lowest responsible bidder, the Buyer shall adjust the bid price submitted by an MBE (for the purpose of evaluation and offer to match only) by reducing the bid price of such firm by the product of: (1) the bid price of the apparent lowest responsible bidder; and: (2) the bonus factor applicable to the MBE (as stated above).

3. Once it has been determined through the application of the bonus

points as aforementioned that the bid price submitted by an MBE, after adjustment, was lower than or equal to the bid price of the lowest responsible bidder, such MBE shall be given the opportunity to accept the bid at the lowest bid price.

4. If said lowest responsible bidder is a minority firm not located in Prince George's County or Maryland, a Prince George's County-based or Maryland-based firm will be awarded bonus points. Once the bonus points are applied, the Prince George's County-based or Maryland-based minority firm will be afforded the opportunity to match the bid of the lowest responsible bidder, if so justified.

5. The Buyer shall notify the MBEs, that by virtue of the application

of the bonus points, the minority business enterprise is entitled to match the bid of the lowest responsible bidder. Qualifying MBEs will be given a period of five (5) business days from the issuance of such notifications by the Buyer the opportunity to match the bid originally submitted by the lowest responsible bidder.

6. As a result of such notifications, if more than one MBE proposes to

reduce its previous bid to that of matching the bid of the original lowest responsible bidder, the contract shall be awarded with preferences given in the following order: first, Prince George's County-based MBE; and second, Maryland-based MBE.

7. If two or more MBEs qualify for the same preference contract

award and are prepared to match the bid of the original lowest responsible bidder, the Buyer shall, by toss of a coin, select the party to whom the contract will be awarded.

8. If the MBE entitled to match a bid indicates to the MBE

Coordinator that it can only match the bid of the otherwise lowest responsible bidder if relieved from the necessity of furnishing a bond from a recognized surety guaranteeing the total performance under any contract to be awarded, the Chief Financial Officer may,

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upon a finding that the MBE has demonstrated adequate performance on prior contracts with the state, county, any of its agencies, municipal corporations, or any local boards of education, waive such requirement.

9. If the MBE determines that it cannot match the lowest responsible

bidder after being offered an opportunity to do so, the MBE will not be penalized.

C. Composition of Minority Subcontractors:

1. It is the intent of Prince George's County Public Schools (PGCPS) that the contractor includes fair representation of all minority groups in the required percentage of MBE subcontracting participation.

2. If the successful bidder is an MBE firm, it shall be the obligation of

the contractor to maintain its status as a certified MBE or to maintain the required subcontracting percentage with certified MBE firms, whichever may be applicable, throughout the term of the contract or any extension thereof. In the event that any of the representations or circumstances of the contractor change with respect to the MBE status, the contractor shall notify the Board of Education immediately. The contractor shall also report any change in minority business usage if different than information submitted at the time contract is signed.

D. Pre-Bid Conference:

1. At each Pre-Bid Conference, the Prince George's County Public Schools representative will explain the MBE subcontracting requirement, MBE provisions of the solicitation, documentation required, and its relationship to the bidder's responsiveness.

2. Prime contractors must request price quotes from MBE

subcontractors at least five (5) working days prior to the bid opening. However, this may be adjusted at the discretion of the Board of Education.

3. Bidders may use the services offered by the MBE Program

Coordinator to develop its MBE participation requirement.

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4. When MBE subcontracting is required, each bid or offer submitted in response to a solicitation must be accompanied by a completed Minority Business Enterprise Utilization Affidavit (MBE Form #1) which has been duly notarized.

5. After the review of responsive bids, the apparent low bidder will be

notified. Final approval of contract award will not be made until a list of all MBEs and other related documents from the contractor are received and reviewed.

E. Contract Award:

1. The following documentation must be furnished by the apparent low bidder within ten (10) working days from notification when subcontracting is required: a. A completed Schedule for Participation of Minority

Business Enterprise (MBE Form #2); b. A Statement of Intent (MBE Form #5); and c. A copy of the current acceptable certification letter attached

to each Statement of Intent.

Each document will show the agreed prices to be paid to each certified MBE for the work and identify in detail the contract items to be performed by the certified minority business and the proposed timetable for such performance. All documents must be signed by an authorized representative from both the prime and subcontracting firms. The bidder will certify in writing that there is an existing subcontract for all work that has been sublet.

2. The Prince George's County Public Schools’ MBE Program Coordinator will conduct a preliminary evaluation of the apparent low bidder's submission to determine whether the proposed MBE participation is in compliance with the outlined requirements.

3. Based on the evaluation of contract documents submitted, the

Prince George's County Public Schools’ representative will determine if the low bidder is in compliance with the MBE participation requirements and may recommend to make the final award or require additional information.

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F. Request For Waiver of Minority Business Enterprise Goal: 1. A waiver of the MBE contract requirement may be granted by the

Board of Education only upon receipt of a written request with supporting documentation which presents a reasonable demonstration by the bidder that MBE participation was impossible to obtain or was not obtainable at a reasonable price, and that the public interest is served by a waiver. Any request for a waiver should be submitted on a Request for Waiver (MBE Form #4) and contain the following: a. A detailed statement of the efforts made to contact and

negotiate with certified minority businesses including: names, addresses, dates, and telephone numbers of certified minority businesses contacted;

b. A description of the information provided to MBEs regarding plans, specifications, and anticipated time schedule for portions of the work to be performed;

c. A detailed statement of efforts made to select portions of work proposed to be performed by certified minority businesses in order to increase the likelihood of achieving the stated requirement;

d. A detailed statement of reasons for a contractor's conclusion that a certified minority business is not qualified to perform the work needed; and

e. A list of minority subcontractors found to be unavailable. (This list should be accompanied by the Minority Subcontractor Unavailability Certificate (MBE Form #5) signed by the MBE or a statement from the apparent low bidder that the certified business did not provide the Minority Subcontractor Unavailability Certificate.)

2. A waiver exception to the MBE requirement will be granted upon

determination by the Prince George's County Public Schools’ representative that qualified MBEs are not available to participate in a contract or at a reasonable price consistent with the stated MBE contract requirement and the total contract award. Upon consideration of all the waiver documents submitted in accordance with this provision, the Prince George's County Public Schools’ MBE Coordinator may approve or deny any request for a waiver.

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3. The low bidder's failure to participate in any of these proceedings or failure to furnish information after written request may result in rejection of the bid on the basis of non-responsiveness.

G. Contractor Responsibility and Compliance: The contractor shall perform the contract in accordance with the representations made in the Minority Business Enterprise Utilization Affidavit submitted as part of the bid proposal and on the Schedule for Participation of Certified Minority Business Enterprise (MBE) submitted after the bid proposal (MBE Form #2). All compliance monitoring of certified MBE participation will be in accordance with the following: 1. The contractor shall structure operations for the performance of the

contract to attempt to achieve the purpose of this procedure. 2. The contractor agrees to apply the firm's best efforts to carry out

these requirements consistent with the efficient performance of the project.

3. The contractor must assure that MBEs shall have the maximum

practical opportunity to compete for subcontract work under the contract, even after award of contract.

4. The contractor shall cooperate in any reviews of the contractor's

procedures and practices with respect to MBEs that the Board of Education may, from time to time, conduct.

5. The contractor shall maintain such records as may be necessary to

confirm compliance with its MBE utilization obligations. These records shall indicate the identity of minority subcontractors employed on the contract, type of work performed by each, dollar amount proposed, actual monies paid during the reporting period to date, and any services and procurements achieved.

6. All records concerning MBE participation must be retained by the

contractor for a period of three (3) years after final completion of the contract and will be available for inspection by the Board of Education.

7. It shall be the obligation of the contractor to maintain its status as a

certified MBE or to maintain the required subcontracting percentage with certified MBE firms, whichever may be applicable, throughout the term of the contract or any extension.

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8. Any desired changes in the Schedule for Minority Business Enterprise Participation must be approved in advance by the Board of Education and shall indicate the contractor's efforts to substitute another MBE subcontractor to perform the work. Additionally, if changes to the contract require additional work resulting in a cost increase, the MBE participation should be adjusted to reflect this change.

9. Failure to notify the Board of Education of any changes of

representations or circumstances of the contractor with respect to the MBE status of the contractor or the percentage of MBE participation, may cause the contractor to be subject to disqualification from the award of any PGCPS system contracts for a period of three (3) years. In addition, the contractor shall be subject to such other actions as may be provided under applicable county ordinances and/or state law.

10. The agreed MBE goal identified in the IFP and RFP is a

deliverable. Failure to comply shall be subject to such other actions applicable to county ordinances and /or State law.

H. Amendment For Unforeseen Circumstances: If, at any time before award, an apparent low bidder believes or has reason to believe that a certified minority business listed in the Prince George's County Public Schools' Schedule of Minority Business Enterprise Participation has become unqualified or unavailable, the bidder will immediately notify the Prince George's County Public Schools’ MBE Coordinator. Within five (5) working days, the apparent low bidder must make every reasonable effort to achieve the stated requirement for the minority participation. Failure to make such efforts may result in a determination that the apparent low bidder is not eligible for award of the contract.

I. Emergency: If the Prince George’s County Public Schools’ Chief Financial Officer determines that a project is an emergency (e.g., hazard to the health and welfare of students), the Chief Financial Officer may waive requirements for MBE documentation.

J. Filing of Reports:

1. The Chief Executive Officer (CEO) shall report to the members of the Board of Education of Prince George's County, at least semi-annually, commencing January 2005, regarding progress being made in attainment of requirements established by the Resolution of

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3325 Procedure No.

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the Board of Education revised, concerning the awarding of contracts to MBEs.

2. The Minority Business Office is required to submit to the CEO on a semi-annual basis a report of MBE participation. Each year two reports will be issued: an interim report covering the period July 1 through December 31, and an annual report detailing activity from July 1 through June 30. Each report will include:

a. Total dollar value of contracts and purchases, by category;

and b. Total dollar value of contracts and purchases, by category,

awarded to MBEs.

K. Records, Reports and Subcontractor Payments: The prime contractor agrees to pay subcontractors within five (5) working days of receipt of payment from Prince George's County Public Schools. If payments are not made, the Board reserves the right to withhold the amount owed to subcontractor(s) from the prime contractor's next payment requisition.

L. Monitoring:

1. The Board of Education will carry out reviews as deemed necessary to monitor compliance with MBE participation requirements. Such reviews may include site visitations to ensure compliance with MBE requirements.

2. The Board of Education and contractors will maintain appropriate

records and, upon request, assist in on-site or post-audit reviews.

XII. BONDING:

A. The Director of Purchasing and Supply may, upon finding that an MBE has demonstrated adequate performance on prior contracts with the state, county, or any of its agencies, municipal corporations, or any local boards of education, waive bonding requirement on certain projects.

B. At the discretion of the Buyer, unless otherwise required by state or federal law or regulations as a condition to state, federal or county assistance, no bid bond, performance or payment bonds shall be required if the contract price is less than $50,000.

C. Bonds on construction projects over $50,000 must be provided by prime. However, at the discretion of the Prince George's County Public Schools’

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3325 Procedure No.

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representative, bonds may be waived. Additional documents may be required.

XIII. NON-DISCRIMINATION:

A. No contract may be awarded to any contractor or subcontractor unless the contract, subcontract or agreement contains the following non-discrimination clause:

"The contractor is to conduct business in a non-discriminatory manner prohibiting discrimination in any manner against any employee or applicant for employment because of sex, race, creed, color, age, mental or physical disability, sexual orientation or national origin.”

B. If the non-discrimination clause is omitted from a contract or subcontract subject to this Section, the Board of Education may declare the contract void. In that event, the contractor is entitled to the reasonable value of work that has been performed and materials that have been provided.

C. If the contractor willfully fails to comply with the requirements of the non-discrimination clause and the contract is partially completed, the Board of Education may compel the contractor to continue to perform under the contract; however, the Board:

1. Is liable for no more than the reasonable value of work performed

and materials provided after the date on which the breach of contract was or should have been discovered; and

2. Shall deduct any money that has been paid under the contract from

the money that became due.

D. If a subcontractor willfully fails to comply with the requirements of a non-discrimination clause, the contractor may void the subcontract. In that event, the contractor is liable for no more than the reasonable value of work performed or materials provided.

XIV. RELATED PROCEDURES: Administrative Procedure 7419, Minority Business

Enterprise Procedures For State Funding Public School Construction Projects. XV. MAINTENANCE AND UPDATE OF THESE PROCEDURES: These

procedures originate with the Department of Purchasing and Supply and will be updated as necessary.

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3325 Procedure No.

Ju.y 1, 2004 Date



XVI. CANCELLATIONS AND SUPERSEDURES: This Administrative Procedure

cancels and supersedes Administrative Procedure 3325, dated June 30, 1998. XVII. EFFECTIVE DATE: July 1, 2004.

APPROVED BY: André J. Hornsby Chief Executive Officer Attachments:

1 - Minority Business Enterprise Utilization Affidavit 2 – Minority Subcontractor Unavailability Certificate 3 – Request for Waiver 4 – Statement of Intent 5 – Schedule For Participation of Minority Business Enterprise

Distribution: Lists 1, 2, 3, 4, 5, 6, 10, and 11

14

Architectural Speclhcatton

General - eden of the spec~c~[ions shall be prefabricated, of modular

enlargement by the eddflJon of panels.

pane] Fabdcat on _ ^ ~ .~ A,~,.,,,t~hAndsha beinterchangeablev~ith]ikeStaedardwati, cotiing and floor paneLs sha benornns ~ ~n~ane~s shall ~ 90-t/4 ang es with ac~a 12’ extedo~ .

aid be] hts of walk ~as sbeti ~ Comer p . ~ ff r~u to m~t job slte ~ndi~cos Availablenonzoma~ ~.~ ........ nt . 12’ 6". Available heights without floor, with Iheights wi~ fl~[ or 4" Onyl screws: 7’ ~’ 8’ ~’, g 6", 10’ 6", i 1’ ~,I~" ~nyl ~¢~s: 7’ 4", B’ 4", 9’ 4", 10’ 4", 1i’ 4", 12’ 4". panels shall ~nsLst of ~amed - In - pla~ urethaneinsulation, sandwlch~ ~n intedor and ~edor metal "s~n" whi~ has been die-form~ ~nd 9aug~ foruniformi~ in s~e. Ed~s of panels shall be foamed - th - pla~ ~ngue and groove ~ ]oc~ng f~cil~s foamed - th- pia~ ~tSme of fabd~tlons.

Floor Construction (select one)lar to other panels, designed o readily wlthstaed unithrm~y

Floor panels: Panels sha!l be fabrlcatad.slm, i ~, . ,...~.~,,m ,~ot~ be reCeSSed. Floor (wlllb,~ill not) be covereddistributed loads of 700 Ibe, per square rooc moo= ~.~,,,, ......by the tile and grout or ,c?norete ,,~,eadn9 floor.Tern uard vinyl screeds, Screeds must be coved on both sides"°,°’~’L.’~l~ tha floor Screeds sha I be nailed or lag fasteners s.~,,screeds on 2’0" centers.

nsutagon .......... ,~ Place" uretbene having a thermal conduc[ivlty (K factor) of .133Each panel sha~l be fill~ wtn ng~o r~,,,~,,,’-,B~/hr.~ squar~ per d~rbes Fahrenhei~nch and an overall ~ffident of hea~ ~ansfer (U factor) of.bet morn~an .03, "R" factor shall be 31 or greater. ]nsula~on shall have a 97% do~ bell st~c~r¢. O~all ~}~n~ shall

be 4".

the following):

Exterior and Interior wa!ts shall be one of the thllo\vthg:1. .26gauge atuoco-ernbossed GalValume steer.2, 032 stucco-embosSed aluminum.3. 22 gauge Type 304 stainless steel, #3 finish.4. 20 gauge Type 304 elainl~ss steel, #3 finish.5, 26 gauge stuCco-embossed Galvaluree flre-palnted white.nt co,ors availsble. Consult factory6, Other metal.flnLshea ~nd~.ps ..... ~U,~l.ma steel on all wa k-ins, unless otherwise called for.

Exta~or floor and ¢elhng shall be Z~ g=’~u .......~nferior floor shall be one of the following:

1. .100osmooth aluminum2, 16 gauge ~tainlesssteel3. .i00 tread plate aluminum4. 16 9auge galvanized steel (tile and grout applica~obe)

~.~sernbly of walk-in shall be acoompl snea oy ~.os~.ocs ~u~hex wrench provided by the manufacturer. Access ports to lacking devices shall be covered by snap caps, Accesspor~ shall be on interior to allow assembly of walk-in from the inskie. ’

Section gaskets ...... , ~ll .... I~ nn bet~ interior and extedor GasketsNSF listen gaskets shall be foamed-ln-pshall be im~lous to stains, greases, elLS, mildew, etc.

requ~.

cei~tn . Fen moto~, gu~ro~ ...... reezer evaporators shall na~ ~;~ ~" ~ t~me ini~ted ~d

"CS" Self-Contained Top Mounted"SS" Seff~)ontained Side Mounted"pCL" pie-Chalged Lines (p.emote),,pp.. Pre-~sssmbled Remote See Refrigeration Systems for details on above systems.

Furnishing and Delivering Large Kitchen Equipment IFB 020-12 Expires 1/31/14

American Energy Restaurant Equip. Contact- James Strickler Phone 703-644-6666x 647 Fax 703-913-0586

Calico Industries, Inc. Contact Name: Paul Lepley

9045 Junction Drive Annapolis Junction, MD 20701 Ph: (800) 638-0828 Fax: (301) 470-3100

ASHLAND EQUIPMENT, INC. Contact Name: Rodney White Ph: (410) 273-1856 Fax: (410) 273-1859 CENTRAL RESTAURANT PRODUCTS Contact Name: Donald Hogan Ph: (800) 222-5107 Fax: (800) 882-0086