Active SLED Opportunity · MARYLAND · CECIL COUNTY PUBLIC SCHOOLS, MD
AI Summary
Cecil County Public Schools seeks proposals for delivery of fresh bread and rolls to multiple Eastern Shore school districts. The contract starts August 2026 for one year with possible renewals. Deliveries occur four days per week with strict compliance to food safety and USDA Buy American rules.
Cecil County Public Schools, is soliciting sealed responses for CCPS BID #26-15: BREAD AND ROLLS. Responses are to be submitted via the County's eProcurement Portal via https://procurement.opengov.com/portal/ccps PRIOR TO 2:00 pm on Tuesday, May 12, 2026. Late responses will not be accepted.
Intent: Cecil County Public Schools is seeking proposals for the delivery of fresh bread and rolls to the Member Counties of the Eastern Shore Educational Consortium Food Service Committee.
It is the bidder’s/proposer’s sole responsibility to monitor the CCPS Purchasing website: www.ccps.org to ensure that they download any additional addendums or clarifications prior to submitting their bid/proposal and duly acknowledge receipt of and full understanding of any addenda on the proper bid/proposal submittal form. Failure to do so may result in non-receipt of important information prior to the closing date and may render the bid or proposal non-responsive and ineligible for award. It is highly recommended that the submitting bidder/proposer ascertain if they have received all the addendums posted prior to submitting their bid/proposal. Failure of any bidder to obtain any such addendum or interpretation will not relieve the bidder’s/proposer’s company from any obligation under their proposal as submitted.
Aim/Intent: These Conditions and Specifications are intended to cover the furnishing and delivery of fresh Bread and Rolls to the Member Counties of the Eastern Shore Educational Consortium Food Service Committee (hereinafter referred to as “Members”) Caroline County, Cecil County, Dorchester County, Kent County, Somerset County, Wicomico County, and Worcester County Boards of Education, also known as County Public Schools districts.
Cooperative Purchase: Proposer must specify on the Bid Pricing Form whether the rates apply to USDA flour and/or vendor flour. Each Member's Board will choose the option that provides the best value for their specific district.
Contract: This contract will be in effect approximately August 3, 2026 for a one (1) year period. At the conclusion of the initial one (1) year period, if pricing, products and services have been satisfactory, upon mutual agreement between the Member’s Boards and Contractor(s), the Contract may be renewed annually for up to four (4) one-year additional periods. The Member’s Boards reserve the right to terminate this agreement for cause or convenience after thirty (30) days' written notice.
Bread Racks: The Contractor must furnish, install, and maintain bread racks in sufficient quantity to service each school. These bread racks must be to the satisfaction of the Members’ Food and Nutrition Department. All racks are to be installed in safe working condition before August 21, 2026, or before the Contractor’s first delivery, whichever comes first.
A member may request additional bread racks as required. The Contractor must provide any additional bread racks within 14 days of notification by a member of any additional requirements.
The member will maintain the right to use the bread racks throughout the entire contract period and any subsequent extensions. The removal of a bread rack must be approved in writing by an authorized agent of the member by contacting the individual members.
Clarifications: If any person who contemplates submitting an offer is in doubt as to the true meaning of any part of the Instructions to Bidders/Proposers, Insurance Requirements, General and/or Specific Conditions, a written request for an interpretation thereof may be submitted to The Board of Education of Cecil County (hereinafter referred to as “The Board”), delivered into the hands of the Purchasing Agent, no fewer than five (5) working days before the time and date the offers are due. The Board will not be responsible for any other interpretations or explanations of the Instructions and/or Conditions.
Contractor’s Insurance: Conditional for Bid Award, and after notification of intent to award the bid, the Contractor(s) must provide a Certificate of Insurance within three (3) business days, identifying the coverages and the amounts specified.
Delivery: Contractor will be required to make deliveries to individual schools every Monday, Tuesday, Thursday, and Friday that is a school day, or as mutually agreed between the Contractor and the Member.
All bread is to be delivered between 7:00 a.m. and 2:00 p.m. with consideration given to individual schools’ schedules. Bread must be placed (as directed by the Cafeteria Manager) in the school by the Contractor in a way that ensures proper rotation of product.
Deliveries may not be left outside unless authorized by the Local Education Agency.
It is the Contractor’s responsibility to be aware of any unscheduled school closings, late openings, or early dismissals. All such changes are announced on the Members' websites and/or through other communications or media outlets.
The Contractor must provide a dedicated customer service line and support electronic ordering and communication for daily school operations. To meet the minimum service level, Contractor must respond to all inquiries from schools or district offices within 24 hours, though same-day responses are expected.
The Contractor must provide two (2) delivery tickets upon delivery of bread items. These delivery tickets must be signed by an approved agent of the Member. This delivery ticket must contain at least the following information: Date of delivery, school name and location, quantities, types of breads delivered and name of receiver.
Each member may establish additional requirements as may become necessary.
Determination of Grade: Each Member’s Board of Education reserves the right to award an item to other than the lowest proposal if, in its judgment, there is sufficient reason to believe that another item is a better grade or that it will better serve the interests of its Board, whether based on product samples, objective test, subjective test, or experience.
Exceptions: It will be the responsibility of the bidder to include with its proposal a list of any deviations from the conditions of this bid. The list must be attached in the Vendor Questionnaire section. NOTE: The Member may or may not approve and may reject any or all exceptions. Only those exceptions approved by the Member in writing to the Contractor are binding.
Liquidated Damages: If deliveries or products are not satisfactory or in compliance according to the Instructions and Conditions, it is understood that the Owner or Member will suffer damage, and it being impractical and infeasible to determine the amount of actual damage it is agreed that the Contractor will pay the member as fixed and liquidated damages, and not as a penalty, the sum set out in the following:
Price Adjustment: All prices quoted are expected to remain firm during the term of the Contract; however, a cost change related to raw materials prices may be subject to a negotiated adjustment to reflect such an increase or decrease. Such negotiated adjustments will be considered only upon written request, filed with the Members’ Food & Nutrition and Purchasing Departments, at least sixty (60) days before the anniversary/renewal date of the contract period for which the price adjustment is requested. The need for a price adjustment up or down must be substantiated using an appropriate USDA or PPI index or documentation from the manufacturer. The price ceiling maximum is five (5) percent in total from the date of bid award through to the final renewal period.
Interpretation of the Term “Approved Equal”: The Member will be the sole judge to evaluate the quality, usefulness and/or value of products and services offered as alternate or an approved equal, and further reserves the right to reject any or all items judged not approved.
Samples: At the request of the individual Member district, Bidders must provide product samples at no cost for evaluation. Samples should be identical to the items offered in the bid and must be delivered to the specified district office within three (3) business days of the request. Each sample must be clearly labeled with the Bidder’s name, product description, and item number. If requested, the sample requests will be kept to a reasonable amount based on the product type.
Testing: Member may, at its discretion, have random samples of purchased products tested by an independent testing laboratory to ascertain if the product is, in fact, as represented by the Contractor. If it is established that the product is not as represented, the cost of testing, as well as any additional cost of replacing the product, will be the responsibility of the Contractor. If it is indicated that the Contractor knowingly furnished a product that did not meet the standard offered, the Contractor may be disqualified from future bidding and Liquidated Damages may apply.
Quantities: The forecasted quantities, if given, are intended only as a guide. The quantities are based on the previous year's purchases and are accurate to the best of our ability. However, bidders must understand that a quantity stated does not constitute a guarantee to purchase. The quantities shown are not to be construed as minimum or maximum. The contract will be for the actual quantities ordered by, and for, the Member.
Additional Items or Specialty Bakery Products: During the term of this contract, additional items or specialty bakery products may be ordered by the Members that are not specifically listed on the Bid Form. The items shall be provided by the Contractor at a price mutually agreed upon, which must be fair, reasonable, and competitive. Any additional products must comply with the same requirements as listed in these Specific Conditions, including but not limited to the Buy American Provision and USDA Nutrition Standards, and not exceed 10% of the total annual contract value.
Substitution: Substitution or changes in the contracted product must be approved by the Food and Nutrition Services Department prior to delivery.
Quality Control: All products specified herein are to be processed, packaged, and delivered according to the regulations of the State of Maryland Health Department, USDA, FDA, and any other regulations affecting the products involved.
Member School Calendar: School calendars for each member may be obtained, by request, by contacting the Members or by obtaining the information from the individual Member websites.
Piggybacking: The Board may offer, upon request and mutual agreement of the Contractor, to any public education agency on the Eastern Shore, and any other governmental, non-profit entity within the Eastern Shore Member’s County, a chance to purchase any and all items on this proposal. The Contractor is expected to honor all the terms and conditions of this solicitation document for purchase orders from these agencies. The Members assume no obligation on behalf of any of these organizations.
Usage Data: The successful bidder will be required to supply usage data to the Food & Nutrition Department upon request.
Minimum data requirements are:
Additional and Deleted Locations: The Member may add new schools or delivery sites at any time at no extra cost, with all products billed at the original bid unit price. Likewise, locations may be removed from the delivery schedule without penalty to the Member. Reasonable notice will be given to the Contractor.
Acknowledgement: By signing the Bid Form, Contractor certifies that it has, or will have sufficient capacity, resources, personnel, and equipment to perform as stated herein. The Member may make whatever inquiries it sees fit, including, but not limited to, inspection of the facilities and equipment of the Contractor, to ensure that the Contractor is able to perform satisfactorily for the Member.
Award Bidder: The Awarded Bidder must provide the items and perform the services with a high standard of care, skill, and diligence required by the Member in the performance of this contract. Notwithstanding any review, approval, acceptance, or payment for the services by the Member, the Contractor will be responsible for professional and technical accuracy of its work performed and the billing accuracy for the Member under this agreement.
The Awarded Bidder will, in a professional manner, provide all products and perform all services, except as herein otherwise specified, necessary or proper to perform and complete all requirements for this contract, within the time frames herein specified, in accordance with the provisions of this bid and any and all supplemental specifications. The Contractor will observe, comply with and be subject to all terms conditions, requirements and limitations of the Bid and Specifications and will complete the entire work to the complete satisfaction of the Board of Education. Awarded Bidder will be required under Article 56, Section 270(4), of the Annotated Code of Maryland, to provide proof of Certificate of Registry.
Should the award bidder fail to meet the required bid specifications, the contract will be subject to review by the Members’ Purchasing Department. In the event of a significant service deviation, the award bidder must meet with CCPS representatives to review the concerns and issues and develop a mutually agreed-upon Cure Period to resolve the deficits. Failure to resolve the deviations may result in contract cancellation for cause.
Award of Bid: Bid award will be made to one Contractor for all locations for the entire Bid – All Counties for the Members (Eastern Shore County School District) for each of their locations within the county based school districts. The bid award will be made in its entirety to the low responsive and responsible bidder complying with all the provisions of the Bid, provided the bid price is reasonable and it is in the best interest of the Member to accept it. The award will be based upon the estimated quantities for school districts where enumerated and listed herein, multiplied by the aggregate unit prices.
Bid Price: Bidders must provide a single unit price per item for both Vendor-Flour and USDA-Flour. Prices must be quoted in U.S. Dollars, rounded to exactly two (2) decimal places, and include all packaging and delivery costs. If an item is not available for USDA flour, clearly indicate “N/A” in that field. Failure to provide a single, clear price for each applicable category may result in the rejection of the bid.
Billing/Invoices: The Contractor must provide a Summary Invoice and an Itemized Invoice by month as described below. Itemized invoices, formatted/sorted by location, should be forwarded by email in an editable Excel format. Failure to invoice as required will delay invoice payments. All invoices must be sent to the Food and Nutrition Department or their designate for payment.
Procurement Administrator: Daniela Dunlap, Purchasing Agent, procurement@ccps.org will administer the solicitation process and will be the point of contact for all communication purposes during this solicitation. All bid-related questions and inquiries must be sent via the eProcurement platform OpenGov only. Responses will not be made to telephone, faxed, emailed, or mailed inquiries.
Project Manager: Scott Heckert, Director of Food and Nutrition, gsheckert@ccps.org will be the Project Manager after the award of the Bid. Contact may not be made with Mr. Heckert prior to the award.
Buy American Provision: Schools and institutions participating in the National School Lunch Program and School Breakfast Program are required to adhere to the Buy American provision. The Contractor must supply domestic commodities or products as defined in 7 CFR 210.21(d) and 7 CFR 220.16(d). A domestic commodity or product is one that is produced and processed in the United States using over 51 percent domestic agricultural commodities by weight or volume.
The Contractor shall provide a Certification of Domestic Origin for every product awarded. Products that do not meet these definitions may not be shipped without prior written approval from Cecil County Public Schools or the member Counties of the Eastern Shore Educational Consortium Food Service Committee.
Equal Employment Opportunity: Add “Equal Employment Opportunity,” as amended by E.O. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Contract Work Hours/Safety Standards Act: Contractors must comply with FAR 52.222-4, Contract Work Hours and Safety Standards—Overtime Compensation. As required by 40 U.S.C. Chapter 37, no laborer or mechanic employed in the performance of this contract shall be required or permitted to work more than 40 hours in any workweek unless they are paid at least one and one-half times their basic rate of pay for all such overtime hours.
Byrd Anti-Lobbying Amendment: [31 U.S.C. 1352) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-federal funds, including the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf. Such disclosures are forwarded from tier to tier up to the recipient.
USDA Nondiscrimination Statement: In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the State or local Agency that administers the program or contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.
USDA is an equal opportunity provider, employer, and lender.
MSDE Nondiscrimination statement: The Maryland State Department of Education (MSDE) does not discriminate based on age, ancestry, color, creed, gender identity or expression, genetic information, marital status, mental or physical disability, national origin, race, religious affiliation, belief or opinion, sex, or sexual orientation in matters affecting employment or in providing access to its programs and activities; MSDE also provides equal access to the Boy Scouts and other designated youth groups.
For inquiries related to Department policy, please contact:
Equity Assurance and Compliance Office
Agency Equity Officer
Office of Equity Assurance and Compliance
Office of Finance and Operations
Maryland State Department of Education
200 W. Baltimore Street, Baltimore, MD 21201-2595
Phone: (410) 767-1126
Email: oeac.msde@maryland.gov
Deaf and Hard of Hearing use RelayProducts that do not meet these definitions may not be shipped without prior written approval from Cecil County Public Schools or the member Counties of the Eastern Shore Educational Consortium Food Service Committee.
1. General Insurance Requirements
1.1. All Contractors, Vendors, or Service Providers (herein called “Contractors”) shall not commence work or provide services, until the Contractor has obtained, at the Contractor's expense, all insurance required hereunder and such insurance has been approved by a representative for Cecil County Public Schools Board of Education (herein called “Owner”). Approval of insurance required of the Contractor will be granted only after submission to the Owner of original certificates of insurance signed by authorized representatives of the insurers or, at the Owner’s request, certified copies of the required insurance policies.
1.2. Insurance as required hereunder shall be in force throughout the term of the Contract and for two years after final payment by Owner for services rendered under this Contract in accordance with the insurance requirements below. Original certificates signed by authorized representatives of the insurers or, at the Owner’s request, certified copies of insurance policies, evidencing that the required insurance is in effect, shall be maintained with the Owner throughout the term of the Contract and for two years after final payment by Owner for services rendered under this Contract. Owner requires insurance certificates evidencing the compliance of insurance requirements at least ten calendar days after receipt of the Notice of Award.
1.3. The Contractor shall require all Subcontractors to maintain during the term of the Contract all insurance or its equivalent to the same extent required of the Contractor herein unless any such requirement is expressly waived or amended by the Owner in writing. The Contractor shall not allow any Subcontractor to commence services on any subcontract until all insurance required of the Subcontractor has been so obtained and approved by the Contractor. The Contractor shall furnish Subcontractors' certificates of insurance to the Owner immediately upon request.
1.4. All insurance policies hereunder shall be endorsed to provide that the policy is not subject to cancellation or non-renewal in coverage until thirty (30) days prior written notice has been given to Owner.
1.5. If the Contractor does not meet the insurance requirements of this contract, the Contractor shall forward a written request to the Owner for a waiver of insurance requirements not met or approval, in writing, for alternate insurance coverage. If the Owner denies the request, the Contractor must comply with the insurance requirements as specified in this Contract. Failure to comply may result in termination of the contract.
1.6. All required insurance coverages must be underwritten by insurers allowed to do business in the State of Maryland and acceptable to the Owner. The insurers must also have a policyholders' rating of "A-" or better, and a financial size of "Class VII" or better in the latest evaluation by A. M. Best Company, unless Owner grants specific approval for an exception
1.7. Any deductibles or retentions in excess of $10,000 shall be disclosed by the Contractor and are subject to Owner’s written approval. Any deductible or retention amounts elected by the Contractor or imposed by the Contractor’s insurer(s) shall be the sole responsibility of the Contractor.
1.8. Any and all return premiums and/or dividends for insurance or coverage directly charged to the Owner by the Contractor in connection with this Contract shall belong to and be payable to the Owner.
1.9. If the Owner is damaged by the failure or neglect of the Contractor to purchase and maintain insurance as described and required herein, without so notifying the Owner, then the Contractor shall bear all reasonable costs properly attributable thereto.
2. Schedule of Insurance Coverage
2.1 The Contractor shall purchase and maintain the following insurance coverages which shall be written for not less than the limits specified below or required by law, whichever is greater.
2.1.1 - Commercial General Liability Insurance or its equivalent for bodily injury, personal injury, property damage, and advertising injury, with minimum limits of:
$ 1,000,000 per occurrence
$ 1,000,000 personal and advertising injury
$ 2,000,000 general aggregate, and
$ 2,000,000 products/completed operations aggregate.
This insurance shall include coverage for all of the following:
i. Liability arising from premises and operations;
ii. Liability arising from the actions of independent contractors;
iii. Liability arising from products and completed operations; and
iv. Contractual liability including protection for the Contractor from bodily injury and property damage claims arising out of liability assumed under this Contract.
2.1.2 - Business Auto Liability Insurance or its equivalent with a minimum limit of $1,000,000 per accident and including coverage for all of the following:
i. Liability arising out of the ownership, maintenance or use of any auto (if no owned autos, hired and non-owned autos only); and
ii. Automobile contractual liability.
2.1.3 - Workers Compensation insurance or its equivalent with statutory benefits as required by any state or Federal law, including standard “other states” coverage; employer’s liability insurance or its equivalent, with minimum limits of:
$ 500,000 each accident for bodily injury by accident,
$ 500,000 each employee for bodily injury by disease, and
$ 500,000 policy limit for bodily injury by disease.
2.1.4 - [If the Contractor is a sole proprietor or partnership operating without workers compensation coverage, personal health insurance or its equivalent for the sole proprietor or the partners.]
2.1.5 - Umbrella/Excess Liability insurance or its equivalent, scheduling General Liability, Business Auto, and Employer’s Liability with minimum limits of:
$ 5,000,000 per occurrence and aggregate,
Unless a different limit is communicated by the Owner, depending on the scope and work to be performed in the proposed contract, this minimum limit shall apply.
2.1.6 - Professional Liability Insurance (if applicable) for errors, omissions, and negligence for professional services or the Contractor has a professional designation, or license, with minimum limits of:
$ 1,000,000 per occurrence and aggregate.
Owner reserves the right to increase limits depending on the scope and work to be performed.
2.1.7 - Cyber (Network Security and Privacy Liability) insurance or its equivalent with minimum limits of:
$ [3],000,000 per claim; and
$ [3],000,000 annual aggregate
And minimum sublimits of:
$ 1,000,000 for breach response costs;
$ 500,000 for cyber extortion (ransomware attack);
$ 1,000,000 for media liability.
While no sublimit is preferred for breach response costs, a sublimit of $1,000,000 is the minimum required. The policy shall provide coverage for breach response costs, privacy liability losses, regulatory fines and penalties as well as credit monitoring expenses.
While no sublimit is preferred for cyber extortion (ransomware attack), a sublimit of $500,000 is the minimum required.
Other suggested coverages include Payment Card Industry Fines and Assessments, Business Interruption, Data Recovery Loss and Cyber-Related Bodily Injury and Property Damage Liability.
Owner reserves the right to increase limits depending on the scope and work to be performed.
2.1.8 - The Owner reserves the right to modify the insurance requirements of the Contractor prior to final agreement.
3. Additional Requirements
3.1 Owner and its elected and appointed officials, agents, employees, and authorized volunteers shall be named as additional insureds on the Contractor’s commercial general liability insurance and the umbrella excess liability or excess liability policies, if required herein, with respect to liability arising out of the services provided under this Contract by Contractor.
Special Note: ISO forms CG 2009 and CG 2010 entitled “Additional Insured - Owners, Lessees or Contractors – Scheduled Person or Organization” (previously Forms A and B respectively) are NOT ACCEPTABLE. ISO form CG 2026 entitled “Additional Insured - Designated Person or Organization” or a manuscript endorsement with the above wording is required.
3.2 Insurance or self-insurance provided to the Owner and its elected and appointed officials, agents, employees, and authorized volunteers under any of Contractor’s liability policies or self-insurance required herein, including, but not limited to, umbrella and excess liability or excess liability policies, shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of insurance or self-insurance. (Any cross suits or cross liability exclusion shall be deleted from Contractor’s liability insurance policies required herein.)
3.3 Insurance or self-insurance provided to the Owner and its elected and appointed officials, agents, employees, and authorized volunteers as specified herein shall be primary, and any other insurance, self-insurance, coverage or indemnity available to the Owner and its elected and appointed officials, agents, employees, and authorized volunteers shall be excess of and non-contributory with insurance or self-insurance provided to the Owner and its elected and appointed officials, agents, employees, and authorized volunteers as specified herein.
3.4 All Certificates of Insurance must include the contract/project number and name Cecil County Public Schools as an additional insured on all policies but Workers’ Compensation and listed in the “Description of Operations/Locations/Vehicles section of the ACORD 101 form or equivalent sections in on similar forms, such as insurer-provided proprietary forms. The “ADDL INSD” column must be marked for all applicable policies but Worker’s Compensation. Additionally, Cecil County Public Schools must be named as Certificate Holder and Contractor must provide a copy of the additional insured endorsement to the Owner.
3.5 To the fullest extent permitted by law, the Contractor and its officers, partners, employees, authorized volunteers, agents and representatives waive any right of recovery against the Owner for any and all claims, liability, loss, damage, costs, or expenses (including attorneys’ fees) arising out of the services provided by the Contractor. Contractor specifically waives any right of recovery against the Owner and its elected and appointed officials, agents, employees, and authorized volunteers for personal injury (and any resulting loss of income) suffered while working on behalf of the Owner as an independent contractor. Such waiver shall apply regardless of the cause of origin of the injury, loss or damage, including the negligence of the Owner and its elected and appointed officials, agents, employees, and authorized volunteers. The Contractor shall advise its insurers of the forgoing.
After the award of the Contract, questions and correspondence relative to requests for deviation from “Instructions to Bidders/Proposers”, “General Conditions”, or the “Specific Conditions” of the Contract must be directed to the Purchasing Office. In the event that the Contractor is unable to deliver the goods and services of the contract as a result of strikes or acts of God, the Contractor must be held responsible for securing temporary relief in the delivery of the items. The contractor must contact the Purchasing Office within 48 hours in writing prior to such changes to ensure they are acceptable and in agreement with the Purchasing Office. Any change permitted under the terms of this contract will be only as authorized by the Purchasing Agent/Specialist in the form of a contract amendment or a written Purchase Order Change Notice.
If clarification or questions arise about instructions, terms, conditions, specifications or other verbiage, a request must be made in writing to the Purchasing Department of the Cecil County Public Schools not later than five (5) working days prior to the time and date set for the bid/proposal opening, unless otherwise indicated in the request for bids/proposals. Inquiries must be sent to procurement@ccps.org. If necessary, the CCPS will respond to requests in the form of an addendum posted for all potential bidders/proposers.
The Contractor must not advertise or publish information for commercial benefit concerning this Contract without the prior written approval of an authorized representative of the CCPS Purchasing Office.
Bidders/Proposers should give specific attention to the identification of those portions of their proposals that they deem to be confidential, proprietary information or trade secrets and provide any justification of why such materials, upon request, should not be disclosed by CCPS under the Maryland Public Information Act, Section 10-611 et seq. of the State Government Article of the Annotated Code of Maryland. Blanket requests for the entire proposal to be held confidential will not be considered.
CCPS will determine, in its sole discretion, which (if any) portions of the Proposer’s submittals is confidential. It is the responsibility of the Proposer to clearly mark such information (pages) as “Confidential”. Failure to clearly identify confidential, proprietary or trade secret information will be an indication to CCPS that the entire bid/proposal is available for public disclosure.
The Maryland Public Information Act (MPIA) is used to request information from public agencies before and after a solicitation process. CCPS will not share pricing or other information during a solicitation that may give any bidder(s)/proposer(s) an unfair advantage or disadvantage.
The Owner reserves the right to evaluate the quality of items offered as alternate or equivalent, and further reserves the right to reject any or all items judged not equivalent as determined by CCPS.
The Contractor understands and agrees that this Contract is entered into solely for the convenience and economic advantage offered to the Owner.
The Contractor must not assign any right nor delegate any duty under this Contract without the prior written approval of the Purchasing Agent/Specialist.
All proposed submissions must include a completed, signed, notarized “Anti-Bribery Form.” Signing the form certifies full compliance with Maryland State Procurement Article 21, Section 3-405.
This Contract is issued under the authority of the Owner. Changes to the Contract including the addition of work or materials, the revision of payment terms, or the submission of work or materials, directed by an unauthorized CCPS employee or made unilaterally by the Contractor are violations of the Contract and of applicable law. Such changes, including unauthorized written Contract amendments, must be void and without effect, the Contractor must not be entitled to any claim under this Contract based on those changes.
Items contained within this ITB/RFP may use product specifications and item descriptions which include brand names, manufacturer names or model numbers. Bidders/proposers must choose which specific brand, manufacturer or model number for the items and/or services to offer. CCPS will be the sole determinant of which item(s) are an “approved equal” during the evaluation process after bids/proposals have been submitted.
Where the solicitation requires the bid/proposal to state a number of days, or to submit a milestone chart, the days used must be calendar days unless otherwise specified.
The Award Bidder/Proposer must provide the items and perform the services with a responsible and professional standard of care, skill, and diligence normally provided by a Contractor in the performance of product or services delivery for the items/services specified. Notwithstanding any review, approval, acceptance, or payment for the services by CCPS, the Contractor must be responsible for the professional and technical accuracy of its work furnished to the Owner under this agreement.
The Awarded Bidder/Proposer must and will, in a professional manner, perform all services, except as otherwise specified, necessary or proper to perform and complete all the work required by this contract, within the time specified, in accordance with the provisions of this bid/proposal and the specifications covered by this contract and any and all supplemental specifications, in accordance with the directions of the Board of Education. The Contractor must observe, comply with and be subject to, all terms conditions, requirements and limitations of the Bid/Proposal and Specifications and must complete the entire scope of work to the complete satisfaction of CCPS. Award Bidder/Proposer must be required under Article 56, Section 270(4), of the Annotated Code of Maryland, to provide proof of Certificate of Registry.
Bidder’s/Proposer’s must abide by and comply with the true intent of the Bid/Proposal and Specifications and not take advantage of any unintentional error or omission, but must fully complete every part with the true intent and meaning of the specifications, as decided by CCPS, and as described. Deviations, exceptions, omissions, and alternates, etc.,in the bid/proposal submission, may render the bid/proposal as non-responsive.
All prices and notations must be in ink or typewritten. No erasures are permitted. Errors may be crossed out and corrections printed in ink or typewritten next to the crossed out error. Any correction must be initialed in ink by the person making the correction. All initials will be explained in the margin or some other visible and appropriate place on the same page as the correction. The explanation need only be the full name of the person having initialed the correction and must be printed in ink or typewritten.
The Owner requires compliance with all applicable provisions listed below including amendments or Executive Orders thereunder and implementing standards and regulations resulting from the following Acts:
Energy Policy and Conservation Act (PL 94-163); Provision of the Occupational Safety and Health Act, the National Occupational Safety and Health Act, Equal Employment Opportunity, Provisions of the Fair Labor Standards Act; Department of Labor Regulations (41 CFR Part 60), and Attachment O of OMB Circular A102.
In order to maintain compliant with Maryland law 7-910 and audit procedures, CCPS requires all vendors to submit a VPAT, a SOC2 REPORT, and complete a DATA-SHARING AGREEMENT.
If a bidder has been debarred, suspended, or otherwise lawfully prohibited from participating in any public procurement activity, the bidder must disclose that information in its bid. All bid submissions must include a completed copy of the “Debarment” form included in the bid packet. Failure to complete and submit the “Debarment” form may cause the bid to be rejected as non-responsive.
The materials and services supplied under this Contract must comply with all applicable federal, state, and local laws and the Contractor must maintain all applicable licenses and permits.
A bid or proposal submittal does not constitute a contract nor does it confer any right on the bidder/proposer to the award of a contract. A contract is not created until the submittal is accepted in writing by an authorized representative of CCPS or awarded through a sealed competitive bid or a sealed competitive proposal solicitation process and awarded by the Cecil County Board of Education.
All Bids and Proposals with respect to all items accepted, addenda, agreements, and all papers and documents accompanying the solicitation, including these general and specific conditions will constitute the Formal Contract between the Bidder and CCPS upon acceptance by Cecil County Public Schools or award by the Cecil County Board of Education.
Alternative Dispute Resolution (ADR) is the agreed method for resolving disputes that may result from the contractual relationship arising in reference to this bid/proposal and subsequent agreement. If a resolution of the dispute cannot be reached through an agreed ADR method, the parties reserve the right to settle the dispute by appropriate judicial means. Any ADR hearing or arbitration will take place in the State of Maryland.
The Contractor will be held responsible for, and will be required to make good at its own expense, any and all damages done or caused by it or its agents in the execution of this contract.
It is the responsibility of each bidder to examine the entire solicitation, seek clarification in writing, and check its bid for accuracy and determine if an addendum has been issued before submitting the bid. Lack of care in preparing a bid must not be grounds for withdrawing the bid after the proposed due date and time, nor must it give rise to any contract claim. Bidders/Proposers must acquaint themselves with the delivery site(s), and with any problems attached thereto.
Vendor shall notify Board of Education in writing as soon as commercially practicable, however no later than seventy-two (72) hours, after Vendor has either actual or constructive knowledge of a breach which affects the confidentiality, integrity, and/or availability of CLIENT’s Data (an “Incident”) unless it is determined by law enforcement that such notification would impede or delay their investigation. Vendor shall have actual or constructive knowledge of an Incident if Vendor actually knows there has been an Incident or if Vendor has reasonable basis in facts or circumstances, whether acts or omissions, for its belief that an Incident has occurred. The notification required by this section shall be made as soon as commercially practicable after the law enforcement agency determines that notification will not impede or compromise the investigation. Vendor shall cooperate with law enforcement in accordance with applicable law provided however, that such cooperation shall not result in or cause an undue delay to remediation of the Incident. Vendor shall promptly take appropriate action to mitigate such risk or potential problem at Vendor’s expense. In the event of an Incident, Vendor shall, at its sole cost and expense, restore the PII and any other Confidential Information, to as close its original state as practical, including, without limitation any and all CLIENT DATA, and institute appropriate measures to prevent any recurrence of the problem as soon as is commercially practicable.
Data will not be stored outside the United States without prior, specific, informed written consent by Cecil County Public Schools (authorized Owner).
All bidders/proposers must be registered with the new e-Maryland Marketplace Advantage website to receive an award of a bid/proposal. No award will be made to a vendor who is not registered with the new e-Maryland Marketplace Advantage. Go to procurement.maryland.gov for more information.
A bid/proposal that takes exception to a material requirement of any part of the solicitation, including a material term and condition, may be considered a non-responsive bid/offer and unable to be awarded.
Any data developed and gathered by a third party or software application becomes automatically the sole property of CCPS. Vendor will collect and use Cecil County Public Schools data only to fulfill its duties and provide services under the Agreement between the parties. The vendor will not share client data, including anonymized data, with or disclose it to any third party. Exceptions to send data to affiliated subcontractors, agents, or third-party service providers of the Vendor as required to fulfill the purpose of the Agreement, may only be made with prior specific and informed written consent by Cecil County Public Schools.
All bids/proposals must be submitted via the eProcurement portal and signed by an officer capable of committing the proposer to contractual relationships. Faxed or e-mailed bids are not acceptable and must be rejected.
The vendor is prohibited from collecting Cecil County Public Schools data for any purposes other than those agreed to by the parties. Data mining or scanning of user or Board of Education content for the purpose of advertising or marketing to students, their parents/guardians, or Board of Education employees and staff is strictly prohibited.
Any contract resulting from this solicitation is subject to and will be construed and interpreted under the laws of the State of Maryland in Cecil County.
Any data developed and gathered by a third party or software application becomes automatically the sole property of CCPS.
An informality is defined as a requirement of the specifications that is needed for informational purposes only. Failure on the part of a bidder/proposer to provide it would have no impact on the outcome of the bid. In such cases, the bidder/proposer failing to supply the information may be given a specified period of time to comply. If the bidder/proposer fails to comply in that time period, the bid/offer will be rejected as non-responsive. No award will be made unless all required information is received by the Owner.
CCPS is committed to ensuring that digital technology is accessible to individuals with disabilities. That is, give equivalent access to digital tools provided to students with disabilities to be independently usable by the student. It must enable the student to acquire the same information, participate in the same interactions, and access the same services as a student without disabilities, with substantially equivalent ease of use. The vendor guarantees that all digital tools supplied under this contract meet the accessibility requirements of WCAG 2.1 Level AA and conform to the most recent Section 508 standards for information technology accessibility under the Federal Rehabilitation Act of 1973. “Digital tool” is defined pursuant to the Education Article, § 7-910, Annotated Code of Maryland.
Maintenance and Support: During the contract, the vendor shall provide an updated completed Voluntary Product Accessibility Template (VPAT), also known as an Accessibility Conformance Report (ACR), ongoing maintenance and support for accessibility for provided digital tools including:
Accessibility Compliance Audit: The vendor will periodically conduct accessibility audits, at least annually, to ensure continued compliance with WCAG 2.1 Level AA. This audit should include a list of identified WCAG 2.1 Level AA violations and estimated remediation timeframes.
Accessibility Remediation: The vendor shall address any identified violations, conduct validation testing, and provide documentation of the testing results.
Accessibility Indemnification and Guarantees: The vendor agrees to indemnify and hold harmless CCPS from any costs, expenses, liabilities, or obligations arising from accessibility-related issues involving the digital tools provided under this contract. This indemnification includes the defense of any legal action or proceedings alleging non-compliance with federal or State of Maryland accessibility laws and regulations and payment of any resulting liabilities. This clause will survive the termination of the contract. Vendors failing to meet the equivalent access standards established under Subsection (a)(2) of Section 508 of the federal Rehabilitation Act of 1973 or WCAG 2.1 Level AA may face civil penalties stated in the Education Article, § 7-910, Annotated Code of Maryland. Third-Party Technology: The vendor acknowledges that supplying third-party technology does not exempt the vendor from ensuring product compliance with this clause. The vendor bears sole responsibility for determining the accessibility of such technology and must ensure that it can be edited or remediated as necessary to comply with accessibility standards.
The owner reserves the right to award an item and/or service to another Bidder/Proposer other than the lowest bid if, in its judgment, there is sufficient reason to believe that another Bidder/Proposer will better serve the best interests of the Board of Education of Cecil County, whether based on an objective test, subjective test, or experience.
Obtaining the specified Insurance Certificates is a requirement and work must not commence until coverages at the level required have been obtained at the contractor’s expense. The contractor must not allow any subcontractor to commence work until similar insurance coverages required of the subcontractor has been obtained and approved by the contractor.
Minority Business Enterprises are encouraged to participate in this solicitation. If the Bidder/Proposer has a plan for Utilization of Minority Businesses, please provide information with the bid/offer submittal.
The Cecil County Public Schools is committed to a drug and alcohol-free workplace. The system further realizes that the abuse of drugs impacts adversely upon the high standards of safety, security, and productivity that we expect all employees, contractors, subcontractors, consultants, and all other persons on the property of the Board of Education of Cecil County to be drug-free. Contractors are advised that the Cecil County Public Schools prohibits the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance or alcohol on school premises or as part of any of its activities. Compliance with this regulation is a condition of award.
All proposed submissions must include a completed “Non-Collusion Affidavit.” By signing the “Offer and Acceptance Form” the offeror understands that, in accordance with the Annotated Code of Maryland Finance and Procurement Article 11-205; a person who, for the purpose of defrauding the Board, acts in collusion with another person in connection with the procurement process is liable for damages.
Potential contractors/vendors of Cecil County Public Schools are advised that the Maryland law requires certain child sex offenders to register with the State and with the local law enforcement agency in the county in which they will reside, work or attend school. Section 11-722(c) of the Criminal Procedure Article of the Annotated Code of Maryland states, “[a] person who enters into a contract with a County Board of Education or a non-public 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 five years or a fine not exceeding $5,000 or both”. If a child sex offender, sexually violent predator, or sex offender, as defined in the Criminal Law and Criminal Procedure Articles of the Annotated Code of Maryland, is employed by the Award Bidder, the Award Bidder is prohibited from assigning that employee to perform management, delivery, installation, repair, construction or any other type of services on any Cecil County Public Schools’ property, including the project property. Violation of this provision may result in immediate Termination for Cause.
Additionally, in accordance with Md. Ed. Code Ann., §6-113 (b), the Award Bidder and any of its subcontractors will not knowingly assign any employee to work on school premises with direct, unsupervised and uncontrolled access to children, if that employee has been convicted of a crime identified in Md. Ed. Code Ann., §6-113(a).
Amendments to 6-113 of the Education Article of the Maryland Code further require that the Award Bidder, a Contractor or Subcontractor for a local school system may not knowingly assign an employee to work on school premises with direct, unsupervised, and uncontrolled access to children, if the employee has been convicted of, or pled guilty or nolo contendere to, a crime involving:
A sexual offense in the third or fourth degree under 3-307 or 3-308 of the Criminal Law Article of the Maryland Code or an offense under the laws of another state that would constitute an offense under 3-307 or 3-308 of the Criminal Law Article if committed in Maryland.
Child sexual abuse under 3-602 of the Criminal Law Article, or an offense under the laws of another state that would constitute child sexual abuse under 3-602 of the Criminal Law Article if committed in Maryland; or
A crime of violence as defined in 14-101 of the Criminal Law Article, or an offense under the laws of another state that would be a violation of 14-101 of the Criminal Law Article if committed Maryland, including: (1) abduction; (2) arson in the first degree; (3) kidnapping; (4) manslaughter, except involuntary manslaughter; (5) mayhem; (6) maiming; (7) murder; (8) rape; (9) robbery; (10) carjacking; (11) armed carjacking; (12) sexual offense in the first degree; (13) sexual offense in the second degree; (14) use of a handgun in the commission of a felony or other crime of violence; (15) child abuse in the first degree; (16) sexual abuse of a minor; (17) an attempt to commit any of the crimes described in items (1) through (16) of this list; (18) continuing course of conduct with a child under 3-315 of the Criminal Law Article; (19) assault in the first degree; (20) assault with intent to murder; (21) assault with intent to rape; (22) assault with intent to rob; (23) assault with intent to commit a sexual offense in the first degree; and (24) assault with intent to commit a sexual offense in the second degree.
Amendments to 5-561 of the Family Law Article of the Maryland Code mandate that each contractor and subcontractor must require that any individuals in its workforce must undergo a criminal background check if the individuals have direct unsupervised and uncontrolled access to children.
It must be the responsibility of the contractor 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 Cecil County Public Schools recognize 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.
Authorized staff must solemnly declare and affirm by Signature, under the penalties of perjury that the contents of the Employment of Registered Sex Offenders, Sexually Violent Predators and Criminal Background Check Certifications Affidavit are true and correct to the best of their knowledge, information and belief, that no employee, subcontractor, subcontractor employee, or material supplier that is a registered sex offender, sexually violent predator/child sex offender or criminal offender as described above, will be allowed to enter onto the school system property at any time in the performance of the work or services for which the contract is awarded.
Each bidder must examine the bid documents carefully and must make a written request to the Owner for interpretation or correction of any ambiguity, inconsistency, or error that which Bidder/Proposer may discover. Any interpretation or correction required will be issued as an Addendum by the Owner. Only a written interpretation or correction by an Addendum document is binding. No bidder should rely upon any interpretation or correction given by any other method.
Any interpretation or correction of any ambiguity, inconsistency or error which Bidder/Proposer may discover, concerning the terms, conditions, specifications or verbiage contained in the solicitation document must be submitted in writing only, (5) five business days prior to the date of the Bid opening.
By signing the “Offer and Acceptance Form” or other official contract forms, the bidder/proposer certifies that the price is offered without prior understanding, agreement, or connection with any corporation, firm, or person submitting a price for the same products/services. The bidder/proposer certifies that they understand that collusive proposing is a violation of federal/state law
Bids/Offers are irrevocable offers for Ninety (90 days) after the bid opening time and date.
It must be the responsibility of the bidder/proposer to include with its Bid/RFP submittal a list and clarification of any deviations from the CCPS Terms, Conditions, and Specifications. Exceptions must be submitted with the bid/proposal and be attached to the “Offer and Acceptance Form.” Exceptions may be permitted by CCPS, but only if the Bidder/Proposer is notified in writing by the Purchasing Department prior to the approval of the ITB/RFP contract award or acceptance of the Award of Contract letter.
Except for payments of sums due for products delivered to and accepted by the participating jurisdictions no party must be liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented by reason of Force Majeure. The term “Force Majeure” means an occurrence that is beyond the control of the party affected and occurs without fault or negligence. Without limiting the foregoing, Force Majeure includes acts of God: fire; flood; or other similar occurrences beyond the control of the Contractor or the participating jurisdictions.
The “Offer and Acceptance Form” with an original signature by an authorized individual must be submitted with the bid/proposal. The original signature signifies an unequivocal intent to be bound by the bid/proposal and its terms and conditions. Failure to submit a completed, signed “Offer and Acceptance Form” may cause a bid/proposal to be considered non-responsive.
Acceptance of gifts from Contractors and the offering of gifts by Contractors are prohibited. No employee of the Cecil County Public Schools purchasing products, goods and services under provisions of the Contract issued as a result of this Bid or Request for Proposal may not accept or receive, either directly or indirectly, from any person, firm, or corporation any gift or gratuity.
If a pre-bid/proposal meeting has been scheduled under this solicitation, the date, time, and location appear on the solicitation’s cover sheet or elsewhere in the IFB or RFP. A bidder should raise any questions they may have about the solicitation or the procurement at that time. A bidder may not rely on any verbal responses to questions at the meeting. Material issues raised at the conference that result in changes to the solicitation must be answered solely through a solicitation addendum.
All proposed prices must be FOB delivered to the location(s) indicated in the Specific Conditions and must be total net price. No additional charge will be allowed for freight. Delivery by rail freight or express will not be accepted. Deliveries must be made inside the building(s) or as indicated by CCPS otherwise. In no case will collect shipments or sidewalk deliveries be accepted. Items delivered from this bid are the Contractor’s responsibility until they are delivered to, and accepted by, participating jurisdictions on their premises.
The contract must be governed by the laws of the State of Maryland and nothing in this contract must be interpreted to preclude the parties from seeking, after completion or termination of the agreement, any and all remedies provided by law.
Any claim, dispute, or other matter in question, concerning a question of fact will initially be referred to the CCPS Contract Manager in writing. Any claim, dispute, or other matter in question concerning a question of fact referred to the Contract Manager that is not disposed of by agreement must be referred to the CCPS Purchasing Department. The decision made by the CCPS Purchasing Department will be final and conclusive. The decision will be issued in writing to contractor.
The Proposer is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this Contract must be acceptable to the Owner. Subcontractors and other persons and organizations proposed by the proposer and accepted by the Owner must be used on the work for which they were proposed and accepted and must not be changed except with the written approval of the Owner.
Contractor must indemnify and save harmless the Cecil County Public Schools (CCPS), its agents, and employees, against and from all suits, actions, claims, demands, damages, losses, expenses or costs of every kind and description to which CCPS may be subjected or put, including but not exclusively so, by reason of injury (including death) to persons or damage to property, in any way resulting from Contractor's performance of the work specified or performed under this Contract, or any part thereof, or by or on account of any act or omission of the Contractor, its agents or employees, whether such suits, actions, claims, demands, damages, losses, expenses or costs be against, suffered or sustained by CCPS, its agents and employees, or be against, suffered or sustained by other corporations and persons to whom CCPS, its agents and employees, may become liable therefore, except that Contractor must not indemnify and save harmless CCPS, its agents and employees, against and from all suits, actions, claims, demands, damages, losses, expenses or costs arising from or due to the negligence of CCPS or its agents and employees. The whole or so much of the monies due, or to become due the Contractor under the Contract, as may be considered necessary by the Purchasing Department, may be retained by CCPS until such suits or claims for damages must have been settled, or otherwise disposed of, and satisfactory evidence to that effect furnished to the Purchasing Department.
All protests must be in writing and must be delivered to the Purchasing Agent or Purchasing Specialist at the address listed on the Invitation to Bidder/Proposer. A protest of a solicitation must be received in writing only within ten (10) business days after the protest of award.
A protest must include:
The name, address, and telephone number of the protestor;
The signature of the protestor or an authorized representative of the protestor;
Identification of the solicitation or proposal number;
A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and
The form of relief requested.
The Owner reserves the right to evaluate the quality of items and services offered as alternate or approved equal, and further reserves the right to reject any or all items judged not approved.
Bids/Proposals must be submitted on the basis of individual items and services as specified according to the pricing structure for CCPS requirements on the Bid/Proposal Price Form. A unit price must be given for each item or service and the total unit price of each item must be extended, if appropriate, unless a lot price is requested. In case of a discrepancy between the unit price and the total price, the unit price shall prevail. Prices quoted must be FOB destination and will include all delivery costs. Invoices must not include Federal Excise or State Sales and Use taxes, or any other taxes from which CCPS is exempt. Exemption certificates will be furnished upon request. Mandatory taxes from which CCPS is not exempt must be paid directly to the entity on behalf of CCPS by the award bidder. Bids must not be withdrawn or altered for a period of ninety (90) days after the opening thereof.
The Board of Education reserves the right to accept this bid/proposal in part, in whole, or in any way it will serve its best interests. The Owner reserves the right to reject any and all bids that comply with these specifications, or to accept a higher bid/proposal that complies provided that in the judgment of the Board of Education, the items offered under the higher bid/proposal have additional values or functions that justify the difference in price. The Board of Education reserves the right to waive any informality in bids received when such waiver is in the best interest of the Board of Education. The Board of Education reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature.
It is the intent of the Cecil County Public Schools to make this bid/proposal available to any and all governmental and educational agencies. This includes public schools, private schools, parochial schools, and state, community, and private colleges. A copy of the contract pricing and the proposal requirements incorporated in this contract will be supplied to the requesting agencies. This agreement would be upon mutual consent between the Contractor and those agencies. Each participating agency would enter into its own agreement with the Contractor and this contract must be binding only upon the principals signing such an agreement.
The quantities, if given, are intended only as a guide and are accurate to the best of our ability to forecast future requirements. However, bidders must understand that a quantity stated does not constitute a guarantee to purchase. The quantities shown are not to be construed as a minimum or maximum. The contract must be for the actual quantities ordered by, and for, the Owner.
Sealed Competitive Bids/Proposals will be received until the time and date indicated in the “Notice to Bidders” or “Notice to Proposers” document, through the OPENGOV eProcurement portal at https://procurement.opengov.com/portal/ccps..
Bids/Proposals received prior to the time of opening will be securely held on the e-Procurement Portal. The Purchasing Agent or designee, whose duty it is to open them, will decide when the specified time has arrived. No bids/offers received thereafter will be considered. All bids to be considered must be submitted on the e-Procurement Portal prior to the time set for the solicitation opening.
Should the Central Office close due to an unexpected circumstance, the solicitation will be rescheduled for the next CCPS business day or at a later time in which an addendum will be issued with specific details. Note: The closing of schools does not constitute the closing of the Central Office Building. See the CCPS (www.ccps.org) website for further details.
Contractor(s) who perform any work under this Contract must fully comply with the provisions of the Federal Occupational Safety and Health Act of 1970 and any amendments thereto and regulations pursuant to the act, and also to the Maryland Occupational Safety and Health Act, Article 89, Section 28 to 49A inclusive, Annotated Code of Maryland, as amended by Chapter 59, Laws of Maryland 1973, and any regulations pursuant thereto.
In the event of a conflict in the provisions of this solicitation, the following must prevail in the order set forth below:
Pursuant to Section 7-201 et seq of the Corporations and Associations Article of the Annotated Code of Maryland, corporations not incorporated in Maryland must be registered with the State Department of Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21210, before doing any inter-state or foreign business in this State. Before doing any intrastate business in the State, a foreign corporation must qualify with the State Department of Assessments and Taxation.
For failure to meet specifications, delivery schedules, or poor administrative or operational procedures or for any other just cause, the Owner reserves the right to purchase from another vendor and charge the Contractor for the difference between what the Owner must pay for this item and the contract price that would have been charged by the Contractor. The Contractor will be responsible for any and all additional costs occasioned thereby.
Products and services, nor payment for any of the services required under this contract must be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor must be and remain liable to CCPS in accordance with applicable law for all damages to CCPS caused by the Contractor’s negligent performance for any of the products or services furnished under this contract.
Rights and remedies provided for under this contract are in addition to any CCPS rights and remedies provided by law. In case of any apparent conflict between the specifications and such laws, ordinances, etc., the Awarded Proposer must call the attention of the applicable CCPS designee(s) to such conflict for a decision before proceeding with any work.
Payment must be made within thirty (30) days after receipt of the original and correct invoice properly supported by signed delivery receipts. Invoices may be sent electronically to accountspayable@ccps.org.
Any bid/proposer needing special ADA accommodations to attend the solicitation pre/bid or opening should notify the Purchasing Office, at (410) 996-5429 no later than one (1) week prior to the published pre-bid/proposal or opening date.
CCPS encourages the participation of Minority Contractors. Consideration for the award of the contract for a school building, improvements, supplies, or other equipment must be given to the lowest responsive/responsible bidder who conforms to specifications.
No charge will be allowed for federal, state, or municipal sales and excise taxes from which the Owner is exempt. Exemption certificates, if required, will be furnished upon request by the bidder. Nothing in these Instructions and Conditions must be construed as relieving the Contractor of their responsibilities in paying all applicable taxes.
All unit prices and rates quoted must remain firm during the term of the Contract and subsequent renewal terms as indicated in the Proposal submittal. Contractors may request an increase according to the Consumer Price Index as specified below:
Consumer Price Index: Award Bidder(s) will have sixty - (60) days from the contract anniversary to submit a request for a Consumer Price Index (CPI) increase for the item bid from the succeeding year. For calculating the CPI increase, use the Consumer Price Index for all Urban Consumers (CPI-U) for U. S. City Average; which has been in effect for two (2) months prior to the first day of the contract anniversary date. The column; PERCENTAGE CHANGE FROM 12 MONTHS AGO; will be used to determine the percentage of price adjustment, if any. For calculating the CPI adjustment, follow the instructions below:
Step 1 - Access the U.S. Bureau of Labor Statistics website at the following internet address:
http://www.bls.gov/cpi/home.htm
Step 2 - Select the drop-down just under Bureau of Labor Statistics titled “Databases & Tools“.
Step 3 - From the Databases and Tools drop-down and under “Data Retrieval Tools” select Top Picks.
Step 4 - Go down to Price Indexes and put a check in the box next to CPI for All Urban Consumers
(CPI-U) 1982-84=100 (Unadjusted) and then go to the bottom of the page and select “Retrieve data”.
Step 5 - Near the top of the page, select More Formatting Options;. Put a check in the box for 12-Month
Percent Change [unselect all others in that group] and then click Retrieve Data. The file can be
downloaded into an Excel worksheet.
Basis for Adjustment - Adjustment shall be based on the average of the 12 months percentage published by the U.S. Bureau of Labor Statistics at the time of the request. [e.g., an adjustment request is submitted on October 5, 2004; the contract anniversary date is October 1, 2004; the BLS has published data up to August 2004; the requested price adjustment would be based on the average from September of 2003 to August 2004…effective October 2, 2004; this calculation shall include monthly BLS data labeled as “preliminary”]
Unit Price Change - Information Required: The following information shall be provided to Cecil County Public Schools, Purchasing Department, 201 Booth Street, Elkton, MD 21921.
The CPI increase is NOT automatic, as the Award Bidder(s) must request the increase. Indicate the Bid Number, Item Number from the Bid document, Current unit price, New/proposed price, Supporting documentation from the CPI and from the manufacturer.
Validation and Decreases - CCPS shall validate the requested item and unit of measure percentage
and/or dollar adjustment. CCPS may also review the CPI and reserves the right to decrease commodity prices if such adjustment is reflected in CPI data.
Price Acceptance or Rejection – CCPS reserves the right to accept or reject any price increase within 30 days. If the price increase is rejected, the contract for the item(s) shall be terminated thirty (30) days from the date of the rejection letter.
Place of business may be a consideration in cases where identical bids have been submitted and a failed attempt has been made to renegotiate a lower price between the bidders. The award will be made to the Cecil County-based bidder, the out-of-county Maryland-based bidder, the out-of-state bidder and by lottery following this preference order.
It is the responsibility of the Purchasing Department of the Cecil County Public Schools (CCPS) to evaluate offers and recommend awards. The Owner reserves the right to accept or reject bids/proposals in part, in whole, or waive any informalities that the Board of Education determines will best serve its purposes. The Owner reserves the right to accept a higher bid/proposal that complies with the intent of the bid/proposal provided that in the judgment of CCPS, the items offered under the higher bid/proposal have additional values or functions that justify the difference in price. In awarding the bid/proposal, consideration will be given to any previous performance for the Owner as to the quality of products, goods, and services; and to the bidder’s or proposer’s ability to perform if awarded the bid/proposal.
The Owner may make such investigations as they deem necessary to determine the ability of the bidder/proposer to perform the work as specified, and the bidder/proposer must furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner, within a reasonably short period of time, that such bidder/proposer is properly qualified to carry out the obligations of the Contract and to complete the work required.
Where applicable, in the case of a discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate must govern.
End of Section
The quantities, as given, are intended only as a guide. The quantities are based on forecasts or previous purchases and are accurate to the best of our knowledge and ability; however, bidders must understand that a quantity stated does not constitute a guarantee to purchase. The quantities shown are not to be construed as minimum or maximum. The contract must be for the actual quantities ordered by, and for, the Owner.
The Contractor agrees to retain all books, records, and other documents relative to this agreement for seven (7) years after Contract close out after the last day of service and final payment. Each district, its authorized agents, and /or federal/ state representatives must have full access to, and the right to examine, any of said materials during the Contract period. If an investigation or audit is in progress, records must be maintained until stated matter is closed.
The Contractor must pay for all royalties and patents and must defend all suit or claims for infringement on any patent right and must save the Board of Education harmless from loss of account thereof.
The provisions of this Contract are severable. Any instruction, term, or condition deemed illegal or invalid must not affect any other instruction, term, or condition of the Contract.
All products must conform to U.S. minimum standards of identity as required by State and Federal regulations. Failure to comply places the Contractor in violation of the Contract with the Board of Education, as well as State and Federal Law.
The Contractor must not enter into any subcontract or assignment under this Contract without the advance written approval by the Purchasing Department of Cecil County Public Schools. The subcontractor must, by reference, incorporate all terms and conditions of this Contract.
In the event the Contractor is out of stock and cannot supply the product(s) or service(s) a substitution of equal or better quality, as agreed by an authorized representative of CCPS will be made. All Contract terms and conditions will apply to the products approved for substitution.
All CCPS technology-based instructional products (instructional software, online resources, and computer-based equipment) must be consistent with Section 508 federal Rehabilitation Act, of 1973 Maryland Subpart B Technical Standards, and the most recent revision of Web Content Accessibility Guidelines (WCAG) Standards at level AA, for accessibility by students and staff, with disabilities.
Per MD Code 7-910, Equivalent access includes the ability to receive, use, and manipulate information and operate controls necessary to access and use information technology, including by nonvisual means, so that a student with disabilities can access the same services as a student without disabilities with substantially equivalent ease of use.
Requests for bids, proposals, procurement contracts, and grants will follow established procedures for evaluating compliance with accessibility standards in all purchase decisions. (COMAR 13A.05.02.13H)
The contract may be terminated for cause by any or all of the parties upon issuance of written notice thirty (30) days prior to the intended date of termination.
The Owner may terminate the Contract at any time based on:
The Contractor may terminate the Contract based on:
Any of the above notices must be submitted by the Contractor in writing within seven (7) days of the event and accepted as valid by the Board of Education before any relief will be given to the Contractor.
Waiver and Rejection Rights: Notwithstanding any other provisions of the solicitation, the Owner reserves the right to:
Waive any immaterial defect or informality, Reject any and all offers or portions of this solicitation, and Cancel a solicitation.
End of Section
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Instruction For Debarment Certification
By signing and submitting this proposal, the perspective lower tier participant is providing the certification set out below.
The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the perspective lower tier participant knowingly entered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction was originated my pursue available remedies.
The prospective lower tier participant must provide immediate written notice to the person to which this proposal is submitted if at any time the perspective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal” and “voluntarily excluded,” as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
The perspective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it must not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
The perspective lower tier participant by submitting this proposal that it will include the clause “Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion--Lower Tier Covered Transaction,” without modification, in all lower tier covered transaction and in all solicitations for lower tier covered transactions.
A participant in a covered transaction my rely on a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List.
Nothing contained in the foregoing must be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
Except for transaction covered under paragraph 5 of these instructions, of a participant in a covered transaction knowingly entered into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and debarment.
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I/We have examined and understand the Instructions, Terms and Conditions for providing the products and services as described in the above RFP/BID and our proposal submittal, including, but not limited to, all addenda and related documents related to the final agreement.
I/We agree to furnish the products and services from which our proposal is accepted, in compliance with the terms, Instructions, and conditions, at the price and rates set on the attached Bid/Proposal (Pricing) Form.
Proposals are an irrevocable offer for 90 days after the proposal opening time and date.
The authorized representative, having carefully examined the Contract Documents, having visited the site and examined all conditions affecting the work, and having received clarification of all items of doubt, and all addenda listed below, uncertainty or possible conflict, the undersigned hereby agrees to furnish all plant, labor, materials, supplies, equipment, tools, transportation, permits, services and other facilities necessary for the subject RFP/BID as required in strict accordance with the contract documents and all applicable local, state and federal regulations.
Will there be an evaluation committee to review the proposals and score them based on weights and multiple criteria?
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Will a Pre-Bid Meeting be held
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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