The St. Mary's County Government, Department of Emergency Services is seeking small procurement quotes to provide and install a complete turnkey Public Safety Bidirectional Amplifier (BDA) and Distributed Antenna System (DAS) for the St. Mary's County Backup Dispatch Center, including all equipment, labor, testing, training, and documentation necessary for a fully operational system.
- ASSIGNMENT OF CLAIMS —
- The Contractor may assign its rights to be paid amounts due or to become due as a result of the performance of this Contract to a bank, trust company, or other financing institution. The assignee under such an assignment may further assign its right under the original assignment to any type of financing institution.
- Any assignment or reassignment under this clause shall cover all unpaid amounts payable under this Contract, and shall not be made to more than one party, except, that the one party to whom assignment or reassignment is made may act as agent or trustee for two or more parties participating in the financing of this Contract.
- Important Instructions for Electronic Submittal —
The St. Mary’s County Government is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid.
- Small Procurement —
The St. Mary's County Government, Department of Emergency Services, is seeking Small Procurement Quotes (goods or services estimated between $30-$50K) for a Bi-Directional Amplifier with installation at the Backup Dispatch Center.
- ASSIGNMENT OF RISK —
The Contractor shall bear all RISK OF LOSS with respect to all materials, improvements, and property until final acceptance, by the County, of the Work.
- CHANGES —
- The Contracting Officer may at any time by written order and without notice to the sureties, if any, make changes within the general scope of this Contract in any one or more of the following:
- Market conditions.
- Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the County in accordance with drawings, designs, or specifications.
- Method of shipment or packing.
- Place of delivery.
- If any such change causes an increase or decrease in the cost of, or the time required for performance of any part of the Work under this Contract, whether or not changed by the order, the Contracting Officer shall make equitable adjustment in the Contract price, the delivery schedule, or both, and shall modify the Contract.
- The Contractor must submit any "proposal for adjustment" under this Clause written 30 days from the date of receipt of the written order.
- Failure to agree to any adjustment shall be a dispute under the Disputes Clause. However, nothing in this Clause shall excuse the Contractor from proceeding with the Contract as changed.
- No proposal by the Contractor for an equitable adjustment will be allowed if asserted after Final Payment under this Contract.
- Scope of Work or Project Details —
The Contractor shall furnish all labor, materials, equipment, programming, configuration, installation, testing, documentation, and related services necessary to provide a complete and operational Public Safety Bidirectional Amplifier (BDA) and Distributed Antenna System (DAS) for the St. Mary's County Backup Dispatch Center.
The Contractor shall provide a complete turnkey system. Any labor, materials, equipment, software, accessories, hardware, cabling, mounting devices, testing, documentation, or services necessary for a complete and operational installation shall be included whether or not specifically identified herein.
- PUBLIC SAFETY BDA EQUIPMENT
The Contractor shall provide and install a Public Safety Grade Class A or Class B Bidirectional Amplifier (BDA) operating on the 800 MHz public safety radio system. The system shall include, at a minimum:
a. Minimum 95 dB gain;
b. Minimum 2-watt output power;
c. Support for not less than thirty-two (32) channels;
d. Channelized Automatic Gain Control (AGC);
e. Channelized uplink squelch functionality;
f. DC power supply with battery backup capable of maintaining system operation for a minimum of twelve (12) hours;
g. Donor antenna, coaxial cable, splitters, connectors, surge protection, grounding, and all ancillary components required for a complete and operational installation.
- DISTRIBUTED ANTENNA SYSTEM (DAS)
The Contractor shall design, furnish, and install a Distributed Antenna System (DAS) to provide reliable in-building public safety radio coverage throughout the facility. Installation shall include all antennas, coaxial cable, mounting hardware, connectors, splitters, and associated equipment necessary to achieve the required coverage objectives. The County anticipates approximately six (6) DAS antennas may be required; however, the Contractor shall provide the quantity necessary to achieve the required system performance.
The Contractor shall perform all programming, configuration, optimization, balancing, and commissioning activities required to place the system into full operation.
- DESIGN, TESTING, AND DELIVERABLES
The Contractor shall prepare a DAS design package and as-built documentation in accordance with applicable NFPA requirements and industry standards. Upon completion, the Contractor shall provide the following deliverables:
a. System design drawings;
b. As-built drawings;
c. Coverage and signal strength maps;
d. Link budget calculations and reports;
e. Floor-by-floor RSSI test results;
f. Commissioning and acceptance test documentation;
g. Manufacturer warranties and operation manuals.
All testing shall be performed using calibrated public safety radio frequency testing equipment suitable for verifying system performance and coverage requirements. The Contractor shall perform pre-installation and post-installation signal strength testing and shall demonstrate that the completed system achieves the coverage requirements.
The completed system shall comply with all applicable Federal Communications Commission (FCC), National Fire Protection Association (NFPA), International Fire Code (IFC), and local code requirements in effect at the time of installation.
- TESTING, INSPECTION, AND ACCEPTANCE
The Contractor shall coordinate all required testing, inspections, and acceptance activities with the County and the applicable (COR) Contracting Officer's Representative or their designee.
The Contractor shall schedule and attend all required inspections and shall promptly correct, at no additional cost to the County, any deficiencies identified during testing, inspection, or acceptance.
Final acceptance shall not occur until:
a. All required testing, inspections, and approvals have been successfully completed;
b. The system has demonstrated compliance with applicable FCC, NFPA, IFC, and local code requirements;
c. All punch-list items have been satisfactorily completed;
d. All required documentation, test reports, warranties, operation manuals, and as-built drawings have been submitted and accepted by the County; and
e. The Contractor has provided training to County personnel on the operation and basic maintenance of the system.
The Contractor shall provide written certification that the installed system complies with all applicable codes, standards, and manufacturer requirements.
- PRICING —
Quotes shall be submitted using, at a minimum, the following pricing structure:
- BDA Unit Price
- Furnish and deliver the Public Safety Bidirectional Amplifier (BDA) and associated equipment.
- Installation Price (Including DAS)
- Installation, programming, configuration, Distributed Antenna System (DAS), antennas, cabling, mounting hardware, testing, commissioning, training, and all labor and materials necessary to provide a complete operational system.
- Design and As-Built Documentation Price
- DAS design package, coverage maps, link budget calculations, testing reports, as-built drawings, and all documentation required by the Scope of Work and applicable NFPA standards.
Bidders may provide additional pricing detail or subtotals; however, pricing shall clearly identify, at a minimum, the three categories listed above.
Unit pricing offered in response to this Small Procurement Quote shall remain firm-fixed through September 30, 2026.
- CLAIMS —
Indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under Workman's Compensation acts, disability benefit acts or other employee benefits acts with respect to any and all claims against the County or any of their agents or employees or any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.
- CODES —
The Contractor must meet all applicable Federal EPA, OSHA and MDE guidelines for the Work performed and Services provided under this Contract. The contractor’s work shall conform to all applicable Manufacturers Specifications, in addition to any applicable federal, state, local, and other prevailing Codes, Laws, Rules and Regulations governing the Work.
The Contractor shall save, indemnify, and hold harmless the County, its agents and employees, from all damages, penalties, suits, judgments, and/or accidents which may occur from not following the above-mentioned codes, laws, rules, and regulations.
- COMMERCIAL WARRANTY CLAUSE —
The Contractor agrees that the supplies or services furnished under this 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 are in addition to and do not limit any rights afforded to the County by any other clause of this Contract.
- CONTINGENT FEES —
- The Contractor warrants that no person or agency has been employed or retained to solicit this Contract upon an agreement or understanding for a contingent fee except a bona fide employee or agency. For breach or violation of this warranty, the County shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract price or otherwise recover the full amount of the contingent fee.
- "Bona fide Agency" as used in this clause means an established commercial or selling agency maintained by a Contractor for the purpose of securing business, that neither exerts or proposes to exert improper influence to solicit or obtain County contracts nor holds itself out as being able to obtain any County contract through improper influence.
- “Bona fide Employee" as used in this clause means a person employed by a Contractor and subject to the Contractor's supervision and control as to time, place and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain County contracts nor holds out as being able to obtain any County contract through improper influence.
- "Contingent Fee" as used in this clause means any commission, percentage brokerage or other fee that is contingent upon the success that a person or concern has in securing a County contract.
- "Improper Influence" as used in this clause means any influence that induces a county employee to give consideration or to act regarding a County contract on any basis other than the merits of the matter.
- CONTRACTOR INSPECTION REQUIREMENTS —
The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this Contract conform to Contract requirements, including any technical requirements for specified manufacturers' parts. This Clause takes precedence over any County inspection and testing required in the Contract's specifications, except for specialized inspections or tests specified to be performed solely by the County.
- COPYRIGHTS —
The Contractor shall pay all royalties/license fees which may be due to the inclusion of any copyrighted materials, methods, or systems selected by the Contractor. The Contractor shall indemnify and hold harmless the County, its agents and employees, from all suits or claims for infringement of any copyrights arising out of such selection.
- COUNTY-FURNISHED PROPERTY —
- The County shall deliver to the Contractor, for use only in connection with this Contract, the property described in the Schedule or Specifications, at the times and locations stated therein. If the County-furnished property, suitable for its intended use, is not so delivered to the Contractor, and, if the facts warrant such action, the Contracting Officer may equitably adjust any affected provision of this Contract pursuant to the provisions of the "Changes” clause.
- Title to County-furnished property shall remain with the County. The Contractor shall maintain adequate property control records of the property furnished by the County in accordance with sound industrial practice.
- Unless otherwise provided in the Contract, the Contractor, upon delivery to them of any County-furnished property, assumes the risk of, and shall be responsible for, any loss or damage except for reasonable wear and tear, and except to the extent that such property is consumed in the performance of the Contract.
- The Contractor shall, upon completion of this Contract, prepare for shipment or dispose of all County-furnished property not consumed in the performance of this Contract, as may be directed or authorized by the Contracting Officer. If not delivered to the County, the net proceeds of any disposal shall be credited to the Contract price or paid in such other manner as the Contracting Officer may direct.
- COUNTY TERMINATION FOR CONVENIENCE —
- The County may terminate performance of the Work under this Contract in whole, or, from time to time, in part, if the Contracting Officer determines that a termination is in the County’s best interest. The Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of terminations and the effective date.
- After receipt of a Notice of Termination, and except as directed by the Contracting Officer, the Contractor shall proceed immediately with the following obligations, regardless of any delay in determining any amounts due under this Clause:
- Stop Work as specified in the Notice of Termination.
- Place no further subcontracts or Orders (referred to as subcontracts in this Clause) for materials, services, or facilities, except as necessary to complete the continued portion of this Contract.
- Terminate all subcontracts to the extent they relate to the Work terminated.
- Assign to the County, as directed by the Contracting Officer, all right, title, and interest of the Contract under the subcontracts terminated, in which case the County shall have the right to settle or to pay any termination settlement proposals arising out of those terminations.
- With approval or ratification to the extent required by the Contracting Officer, settle all outstanding liabilities arising from the termination of subcontracts; the approval of ratification will be final for purposes of this Clause.
- As directed by the Contracting Officer, transfer title and deliver to the County parts, work in progress, completed work, supplies, and other material produced or acquired for the work terminated, and the completed or partially completed plans, drawings, information, and other property that, if the Contract had been complete, would be required to be furnished to the County,
- Complete performance of the Work not terminated.
- Take any action that may be necessary or that the Contracting Officer may direct, for the protection and preservation of the property related to this Contract that is in the possession of the Contractor and in which the County has or may acquire an interest.
- Use your best efforts to sell, as directed by the Contracting Officer, any property of the types referred to in subparagraph (6) above. The proceeds of any disposition will be applied to reduce any payments to be made by the County under this Contract.
- The Contractor shall submit a list to the Contracting Officer, certified as to quantity and quality, of termination inventory not previously disposed. Within fifteen (15) calendar days, the County will accept title to those items and either remove them or enter into a storage agreement with the Contractor.
- After termination, the Contractor shall submit a final termination settlement proposal to the Contracting Officer in the form and with the certification prescribed by the Contracting Officer. The Contractor shall submit the proposal promptly, but no later than thirty (30) days from the effective date of the Termination Notice. If the Contractor fails to submit the proposal within the time allowed, the Contracting Officer may determine the amount due to the Contractor and shall pay the amount determined.
- The Contractor and the Contracting Officer may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a reasonable allowance for profit on work done, but the agreed amount shall not exceed the total Contract price as reduced by the amount of previous payments and the Contract price of the Work not terminated. The Contract shall be amended, and the Contractor paid the agreed amount.
- If the Contractor and Contracting Officer fail to agree on the whole amount to be paid the Contractor because of Termination of Work, the Contracting Officer shall pay the Contractor the amount determined as follows, but without duplication of any amount agreed upon under paragraph E above:
- For Contract Work performed before the effective date of Termination, the total (without duplication of any items) of the cost of this Work; the cost of settling and paying any settlement proposals under subcontracts that are properly chargeable to the terminated portion of the Contract; and a sum as profit on the above, determined by the Contracting Officer to be fair and reasonable. However, if it appears that the Contractor would have suffered loss on the entire Contract had it been completed, the Contracting Officer shall allow no profit and shall reduce the settlement to reflect the indicated rate of loss.
- The reasonable costs of settlement of the Work terminated, including:
- Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of Termination Settlement Proposals and supporting data;
- The Termination and settlement of subcontracts (excluding the amounts of such settlements); and
- Storage and transportation, and other costs incurred which are reasonably necessary for the preservation, protection, or disposition of the Termination inventory.
- Except to the extent that the County expressly assumed the RISK OF LOSS, the Contracting Officer shall exclude from the amounts payable to the Contractor under paragraph F, above, the fair market, as determined by the Contracting Officer, of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to the County or to a buyer.
- Generally accepted accounting procedures and principles shall govern all costs claimed, agreed to, or determined under this Clause.
- Contractor shall have the right to appeal under the “Disputes“ clause, from any determination made by the Contracting Officer under paragraph D or F above;
- Except that if the Contractor failed to submit the Termination Settlement Proposal within the time provided in paragraph D above, and failed to request a time extension, there is no right to appeal.
- In arriving at the amount due to the Contractor under this Clause, there shall be deducted:
- All un-liquidated payments to the Contractor under the terminated portion of this Contract;
- Any claim which the County has against the Contractor under this Contract;
- The agreed price for the sale of materials, supplies, or other assets acquired by the Contractor under this Contract is not recovered by or credited to the County.
- If the Termination is partial, the Contractor may file a Proposal with the Contracting Officer for an equitable adjustment of the price(s) of the continued portion of the Contract. The Contracting Officer shall make any equitable adjustment agreed upon. Any Proposal shall be requested by the Contractor within ninety (90) calendar days from the effective date of the Termination, unless extended by the Contracting Officer.
- Unless otherwise provided in this Contract, the Contractor shall maintain all records and documents related to the Termination portion of this Contract for three (3) years after final settlement. During that time, the Contractor shall make these records and documents available to the County, at the office of the Contractor, at no additional charge to the County.
- DEFAULT —
- The County may, subject to paragraph C and D below, by written notice of Default to the Contractor, terminate the Contract in whole or in part if the Contractor fails to:
- Deliver the supplies or to perform the service within the time specified in the Contract or any extension;
- Make progress to endanger performance of this Contract;
- Perform any of the other provisions of this Contract.
The County's right to terminate this Contract under sub-paragraphs (2) and (3) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure.
- If the County terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies, or services. However, the Contractor will continue the Work not terminated.
- Except for defaults of Subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such clauses include acts of God; acts of the County in either its sovereign or contractual capacity; fires, floods; strikes; freight embargoes; or unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor.
- If the failure to perform is caused by the default of a Subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and Subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for Contractor to meet the required delivery schedule.
- If this Contract is terminated for Default, the County may require the Contractor to transfer title and deliver to the County, as directed by the Contracting Officer, any completed or partially completed supplies and materials, parts, tools, plans, drawings, information and contract rights (collectively referred to as "manufacturing and materials" in this Clause) that the Contractor has specifically produced or acquired for the Terminated portion of this Contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the County has an interest.
- The County shall pay Contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for component materials delivered and accepted. Failure to agree shall be a Dispute under Dispute Clause. The County may withhold from amounts to be paid, any sum the Contracting Officer determines to be necessary to protect the County against loss because of outstanding liens or claims of former lien holders.
- If, after Termination, it is determined that the Contractor was not in Default, or that the Default was excusable, the rights and obligations of the parties shall be the same as if the Termination had been issued for the Convenience of the County.
- The rights and remedies of the County in this Clause are in addition to any other rights and remedies provided by law or under this Contract.
- DEFAULT, TERMINATION FOR —
- If the Contractor refuses or fails to prosecute the Work or any separable part, with the diligence that will insure the completion within the time specified in this Contract, including any extension or fails to complete the Work within this time, the County may, by written notice to the Contractor, Terminate the right to proceed with the Work (or the separable part of the Work) that has been delayed. In this event, the County may take over the Work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the Work site necessary for completing the Work. The Contractor and its sureties shall be liable for any damage to the County resulting from the Contractor’s refusal or failure to complete the Work within the specified time, whether or not the Contractor’s right to proceed with the Work is terminated. This liability includes any increased costs incurred by the County in completing the Work.
- The Contractor's right to proceed shall not be Terminated nor the Contractor charged with damages under this Clause if:
- The delay in completing the Work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include:
- Acts of God or the public enemy;
- Contractual capacity.
- Acts of another Contractor in the performance of a Contract with the County;
- Fires;
- Floods;
- Epidemics;
- Quarantine restrictions;
- Strikes;
- Freight embargoes;
- Unusually severe weather; or
- Delays of Subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and the Subcontractor or suppliers; and
- The Contractor, within 10 days from the beginning of any delay, notifies the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and extent of the delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, the time for completing the Work shall be extended. The findings of the Contracting Officer shall be final and conclusive on the parties, but subject to appeal under the Disputes Clause.
- If, after Termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the Termination had been issued for the convenience of the County.
- The rights and remedies of the County in this Clause are in addition to any other rights and remedies provided by law or under this Contract.
- DISPUTES —
- Except as otherwise provided in this Contract, any Dispute concerning a question of fact arising under this Contract, which is not disposed of by agreement, shall be decided by the Contracting Officer and shall be final and conclusive unless within 30 days from the receipt of such Decision the Contractor furnishes to the Contracting Officer a written appeal addressed to the Procurement Officer. The Decision of the Procurement Officer or a duly authorized representative for the determination of such appeals shall be final and conclusive. This provision shall limit Judicial review of any such Decisions in cases where fraud by such Official or the representative of such Official is alleged; provided, however, that any such Decision shall be final and conclusive unless the same is fraudulent, capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence. In connection with any appeal proceeding under this Clause, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal.
- Pending final decision of a Dispute, the Contractor shall proceed diligently with the performance of the Contract and in accordance with the Contracting Officer's decision.
- This “Disputes” clause does not preclude consideration of questions of law in connection with Decisions provided for in paragraph A above. Nothing in this Contract, however, shall be construed as making final the Decision of any Administrative Official or representative on a question of law.
- EQUAL OPPORTUNITY —
During the performance of this Contract, the Contractor certifies that it shall not discriminate against any employee or applicant for employment because of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, genetic information, marital status, or ancestry and that this policy shall be included in all solicitations or advertisements for employees during the term of this Contract.
- EXTRAS —
Except as otherwise provided for in this contract, no payment for Extras shall be made unless such Extras and the price have been authorized in writing by the Contracting Officer.
- FEDERAL, STATE, AND LOCAL TAXES —
- Except as may be otherwise provided in this Contract, the Contract price includes all applicable federal, state, and local taxes and duties. The Contractor, and not the County, shall be responsible for payment of all taxes, including sales and use taxes that are imposed on the Contractor. The Contractor understands that the County is exempt from taxes and that the Contractor is not entitled to the benefit of, and cannot claim exemption under, any tax exemption to which the County is entitled.
- Nevertheless, with respect to any Federal excise tax or duty on the transactions or property covered by this Contract, except as provided at subpart C below, if a statute, court decision, written ruling, or regulation takes effect after the Contract Date, and:
- Results in the Contractor being required to pay or bear the burden of any such Federal excise tax or duty or increase in the rate thereof which would not otherwise have been payable on such transactions or property as of the Contract date, the Contract price shall be increased by the amount of such tax or duty or rate increase actually paid by the Contractor, provided the Contractor warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the Contract price as a contingency reserve or otherwise; or
- Results in the Contractor not being required to pay any such Federal excise tax or duty which would otherwise have been payable on such transactions or property as of the Contract date or which was the basis of an increase in the Contract price, the Contract price shall be decreased by the amount of the relief refund, or drawback, or that amount shall be paid to the County. The Contract price shall be similarly decreased if the Contractor, through its fault or negligence or its failure to follow instructions of the County, is required to pay or bear the burden of, or does not obtain a refund or drawback of, any such Federal excise tax or duty.
- Paragraph B above shall not be applicable to social security taxes or to any other employment tax.
- No adjustment of less than $100 shall be made in the Contract price pursuant to paragraph B above.
- As used in paragraph B above, the term "Contract Date" means the date set for bid opening, or if this is a negotiated contract, the Contract Date. As to additional supplies or services procured by modification to this Contract, the term "Contract Date" means the date of such modification.
- The Contractor shall promptly notify the County of matters which will result in either an increase or decrease in the Contract Price and shall act with respect to change as directed by the County.
- GRATUITIES —
- The right of the Contractor to proceed may be suspended by written notice if, after notice and hearing, the Procurement Officer or a designee determines that the Contractor, their agent or representative:
- Offered or gave a gratuity (entertainment or gift) to an Officer, Official or employee of the County.
- Intended by the gratuity to obtain a contract or favorable treatment under a contract.
- The facts supporting this determination may be reviewed by any St. Mary’s County Court with appropriate jurisdiction.
- GRATUITIES, TERMINATION FOR —
- The County may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this Contract if it is found, after notice and hearing, by the Procurement Office that Gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent or representative of the Contractor, to any Officer or Employees of the County with a view toward securing a Contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of such Contract; provided that the existence of the facts upon which such findings are made shall be in issue and may be reviewed in any competent Court.
- In the event this Contract is terminated as provided in paragraph A above, the County shall be entitled:
- To pursue the same remedies against the Contractor as it could pursue in the event of breach of the Contract by the Contractor, and;
- As a penalty in addition to any other damages to which it may be entitled by Law, to exemplary damages in an amount which shall be not less than three nor more than ten times the costs incurred by the Contractor in providing such Gratuities to any such Officer and Employee.
- The rights and remedies of the County provided in this Clause shall not be exclusive and are in addition to any other rights and remedies provided by Law or under this Contract.
- HAZARDOUS MATERIALS —
The Contractor shall handle, store, transport, use and dispose of hazardous materials in compliance with federal and state Hazardous Waste Laws, Rules, and Regulations.
The Contractor retains ownership of all hazardous materials generated from their work and shall be solely responsible for the cleanup of any contamination resulting from spills or mishandling. The Contractor shall also be responsible for reporting of any such spills as mandated by federal, state and local Laws.
The hazardous materials must be packaged and labeled according to applicable regulations.
- INDEMNIFICATION —
To the extent allowed by law, Contractor agrees to now, and forever, release, indemnify, discharge, and hold harmless on behalf of itself, its partners, agents, affiliates, subcontractors, employees, and assigns, the Commissioners of St. Mary’s County, and their employees, agents, and officials, from any and all claims, liabilities, suits, damages, costs (including reasonable attorneys’ fees), demands, expenses, or causes of action of any kind, which are in any way related to this Contract, including any such claims which allege negligent acts or omissions, bodily injury, death, property damage, but excluding such claims which originate from the grossly negligent acts or willful misconduct of the County.
- INDEFINITE QUANTITY —
- If this is an Indefinite Quantity Contract for the supplies or services specified and effective for the period stated in the Contract, delivery or performance shall be made only by Purchase Orders issued in accordance with the “Ordering” clause. The Contractor shall furnish to the County, when and if ordered, the supplies or services specified in the solicitation.
- There is no limit on the number of purchase orders that may be issued. The County may issue purchase orders requiring delivery to multiple destinations or performance at multiple locations.
- Any purchase order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and the County’s rights and obligations with respect to that order to the same extent as if the order were completed during the Contract’s effective period, provided that the Contractor shall not be required to make any deliveries under this Contract after ninety (90) days after the end date of the Contract.
- INDEPENDENT PRICING —
THE OFFEROR CERTIFIES that:
- The prices in this offer have been arrived at independently without, for the purpose of restricting competition, any consultation, communication or agreement with any other offeror or competitor relating to these prices;
- The prices in this offer have not been nor will be disclosed knowingly directly or indirectly to any other offeror or competitor before bid opening or Contract award unless otherwise required by Law; and
- No attempt has been made or will be made by the offeror to induce any other concern or individual to submit or not to submit an offer for the purpose of restricting competition.
- LATE BIDS, MODIFICATIONS OR WITHDRAWAL OF BIDS —
- Any Bid received at the office designated in the Solicitation after the exact time specified for receipt will not be considered unless:
- It was sent by registered or certified mail not later than the fifth calendar day prior to the date specified for Bid receipt, or
- It was sent by mail and the County determines that late receipt was due solely to mishandling by the County after it was received.
- The only acceptable evidence to establish mailing date of a dated Bid, modification, or withdrawal is a postmark (exclusive of a postage meter) legibly affixed by an employee of the U.S. Postal Service.
- Any modification or withdrawal of Bids is subject to the same conditions as in paragraph A above. A Bid may be withdrawn by a Bidder or authorized representative but only if the withdrawal is made prior to the exact time set for the receipt and opening of Bids.
- NO INDIVIDUAL LIABILITY —
No elected official, appointed official, employee, servant, agent, or law enforcement officer shall be held personally liable under this Contract and any extension or renewals thereof because of its enforcement or attempted enforcement provided they are acting within the course and scope of their employment or governmental duties and responsibilities.
- NON-HIRING OF STATE/COUNTY EMPLOYEES —
No employee of the State of Maryland, County, or any unit thereof, whose duties include matters relating to or affecting the subject matter of this Contract, shall, while so employed, become or be an employee of the Offeror.
- NOTICE OF AMBIGUITIES —
- This written Contract and all identified writings or documents incorporated by reference or physically attached constitute the parties' complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify, or contradict it. Any ambiguity in the Contract will not be strictly construed against the drafter of the Contract language but shall be resolved by applying the most reasonable interpretation under the circumstances, considering the intentions of the parties at the time of contracting.
- It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the COR at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference. Failure to comply with such obligation shall be deemed a waiver and release of all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.
- OFFICALS NOT TO BENEFIT —
No County Commissioner or other Elected Official of St. Mary's County shall be admitted to any share or part of this Contract or to any benefit arising from it. However, this clause does not apply to this Contract to the extent this Contract is made with a corporation for the corporation's general benefit provided the Official is not a major shareholder.
- OPTION TO EXTEND THE TERM OF THE CONTRACT —
- The County may extend the term of this Contract by written notice to the Contractor within the time specified in the Schedule; provided that the County shall give the Contractor a preliminary written notice of its intention to extend at least 60 days before the Contract expires. The preliminary notice does not commit the County to an extension.
- If the County exercises this Option, the extended Contract shall be considered to include this Option provision.
- The total duration of this Contract, including the exercises of any Options will be in accordance with the section titled “Period of Performance.”
- OTHER CONTRACTS —
The County may undertake or award other contracts for work at or near the site of the Work performed under this Contract. The Contractor shall fully cooperate with the other contractors and with County employees on site. The Contractor shall carefully adapt the scheduling and performance of the Work, heeding any directions provided by COR. The Contractor shall not commit or permit any act that will interfere with the performance of work by other contractors or by County employees.
- PATENT RIGHTS —
- Whenever any article, material, appliance, process, composition, combination, means, or thing called for in these specifications is covered by letters and patent, the successful Contractor must secure, before using or employing, such article, material, appliance, process, composition, combinations, means or thing, the assent in writing of the owner or licensee of such letters patent and file the same with the Contracting Officer.
- The Contractor shall be responsible for any claim made against the County, its agents and employees for any actual or alleged infringement of patents, by the use of any such patented articles, materials, appliances, etc., in the performance and completion of the Work, and shall save harmless and indemnify the County, its agents and employees from all costs, expenses and damages, including solicitors' and attorneys' fees, which the County may be obligated to pay for reason of any actual or alleged infringement of patents in the performance and completion of the Work herein specified.
- PAYMENTS —
The County shall pay the Contractor upon the submission of proper invoices or vouchers, the prices stipulated in the Contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided for in this Contract. Unless otherwise specified in this Contract, payment shall be made on partial deliveries accepted by the County if:
- Amount due on the deliveries warrants it; or
- Contractor requests it and the amount due on the deliveries is at least $1,500 or 50% of the total Contract price.
- PERMITS & RESPONSIBILITIES —
- The Contractor shall, without additional expense to the County, be responsible for obtaining any necessary licenses and permits, and for complying with any federal, state, county or municipal laws, codes and regulations applicable to the performance of the Work. The Contractor shall also be responsible for all damages to persons or property that occur because of the Contractor’s fault or negligence and shall take proper safety and health precautions to protect the Work, the workers, the public, and the property of others.
- The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire Work, except for any completed unit or Work which may have been accepted under the Contract.
- SEVERABILITY —
In the event that any portion of this Solicitation/Contract is found to be unconstitutional, illegal, null or void, by a court of competent jurisdiction, it is the intent of the County to sever only the invalid portion or provision, and that the remainder of the Solicitation/Contract shall be enforceable and valid, unless deletion of the invalid portion would defeat the clear purpose of the Solicitation/Contract, or unless deletion of the invalid portion would produce a result inconsistent with the purpose and intent of the County in entering into this Solicitation/Contract.
- SOVEREIGN IMMUNITY —
By entering this Contract, the County, and its “employees”, as defined in the Local Government Tort Claims Act, §5-301 et seq. of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland, do not waive sovereign immunity, do not waive any defenses, and do not waive any limitations of liability as may be provided for by Law. No provision of this Contract modifies or waives any provision of the Local Government Tort Claims Act.
- SPECIFICATION INTERPRETATION —
Should any misunderstanding arise as to the meaning of anything contained in the specifications, the decision of the Contracting Officer shall be final and binding. Any errors or omissions in the specifications may be corrected by the Contracting Officer when such corrections are necessary for the proper fulfillment of the intent of the specifications as construed by them. In all cases of doubt as to the true meaning of the specifications, the decision of the Contracting Officer shall be final and binding upon all parties to this document and their employees, agents, and contractors.
- SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND CONSULTANTS —
Any subcontractors and outside associates and consultants required by the Contractor in connection with the services covered by this Contract will be limited to individuals or firms that were specifically identified as part of the bid submission. The Contractor shall obtain the Contracting Officer’s written consent before making any substitution for these subcontractors, associates, or consultants.
- SUBLETTING OF CONTRACT OR ASSIGNMENT OF CONTRACT FUNDS —
It is mutually understood and agreed that the Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of their contractual duties to any other person, firm, or corporation, without the previous written consent of the Contracting Officer. If the Contractor desires to assign their right to payment of the Contract, the Contractor shall notify the Contracting Officer immediately, in writing, of such assignment of right to payment. In no case shall such assignment of Contract relieve the Contractor from their obligations or change the terms of the Contract.
- SUFFICIENT APPROPRIATIONS —
The County’s financial obligations, if any, under this Contract are contingent upon sufficient appropriations and authorization being made by the County for the performance of this Contract. The County’s decision as to whether sufficient appropriations are available shall be accepted by the other party or parties to this Contract and shall be final.
- SUSPENSION OF WORK —
The Contracting Officer may order the Contractor, in writing, to suspend all or any part of the Work for such period of time as may be determined by the Contracting Officer as appropriate for the convenience of the County.
- THIRD PARTY BENEFICIARY —
It is specifically agreed between the parties executing this Solicitation/Contract that it is not intended by any of the provisions of this Contract to create in the public or any member thereof, third party beneficiary status in connection with the performance of the obligations in this Contract without the written consent of the County and not-withstanding its concurrence in or approval of the award of any Contract or Subcontract or the Solicitation thereof in fulfilling the obligations of this Contract.
- VARIANCE BETWEEN PLANS AND SPECIFICATIONS —
- In the event of variance between plans and/or specifications and this Invitation for Bids (IFB), on any particular item or note, it shall be the duty of the Contractor to call it to the COR’s attention and obtain their interpretation of the discrepancy. This IFB is the basis for the formulation of plans and specifications. Any deviation from these programmatic requirements requires written direction from the Contracting Officer. However, there are certain operations and material necessary for the construction of a complete job, and unless they are of an unusual nature, no mention thereof shall be made.
- Should discrepancies, ambiguities, omissions, or conflicts occur in or between drawings or specifications involving a price differential, the General Contractor or Subcontractor shall be deemed to have estimated on the more expensive way of doing the work involved.
- VENUE AND JURISDICTION —
This Solicitation/Contract, or any action arising out of or related to this Solicitation/Contract, shall be governed by the laws of the State of Maryland without giving effect to any laws of the State that would cause the application of another jurisdiction’s laws. The venue for actions is fixed in the Circuit Court for St. Mary’s County, Maryland.
- USE OF CONTRACT(S) BY OTHER GOVERNMENT ENTITIES —
The County has bid this Contract with the intent for cooperative use by other jurisdictions:
- If authorized by the bidder(s), resultant Contract(s) may be extended to any or all entities, other than the County, as designated by the bidder to purchase at contract prices in accordance with contract terms.
- Any government entity using such Contract(s) will place its own order(s) directly with the successful Contractor. There shall be no obligation on the part of any participating government entities to utilize the Contract(s).
- It is the awarded vendor’s responsibility to notify other entities of the availability of the Contract(s).
- Any entity exercising its right to use this Contract shall execute a separate Contract with the awardee. Such Contracts may contain general terms and conditions unique to that jurisdiction including, by way of illustration and not limitation, clauses covering minority participation, non-discrimination, indemnification, naming the jurisdiction as an additional insured under required Comprehensive General Liability policies, and venue.
- If, when preparing such a Contract, the general terms and conditions of a jurisdiction are unacceptable to the awardee, the awardee may withdraw its extension of the award to that jurisdiction.
- The County shall not be liable in any way whatsoever for any actions or inactions of another entity as a result of any award extended to that jurisdiction by the awardee.