- SUBMISSION OF RESPONSE —
- Please be advised that hand-delivered solicitation responses will not be accepted as P&C has moved to online bid submission via OpenGov Procurement. Registration information is available at https://procurement.opengov.com/signup . PLEASE NOTE REGISTRATION TAKES A MINIMUM OF TWO BUSINESS DAYS. Frederick County, Maryland is not responsible for inability to submit a response.
- Bids are submitted electronically through the OpenGov website only.
- NO LATE RESPONSE WILL BE ACCEPTED OR CONSIDERED.
- Insurance Requirements —
Work shall not commence for Frederick County, Maryland until evidence of all required coverage is approved by the Office of Risk Management.
COMMERCIAL GENERAL LIABILITY coverage with minimum limits of:
$1,000,000 per Occurrence; $2,000,000 Aggregate
$2,000,000 Prod/CO Aggregate
Frederick County, Maryland must be added as an Additional Insured.
Additional insured must include Completed Operations.
AUTO LIABILITY coverage with minimum limits of:
$1,000,000 Combined Single Limit
or $1,000,000 each Person, $1,000,000 each Accident, $1,000,000 Property Damage
WORKERS’ COMPENSATION coverage meeting all statutory requirements of the State of MD
Employers Liability with minimum limits of:
$1,000,000 per Accident, $1,000,000 per Employee; and $1,000,000 per Policy
NOTE: Out of State employers must show evidence of coverage in Maryland.
OR, if there are no employees, Workers’ Compensation Waivers must be completed.
PLEASE NOTE THE FOLLOWING:
- A certificate of insurance showing these coverages must be provided to Frederick County Office of Risk Management. The Certificate Holder must be:
Frederick County, Maryland
Office of Risk Management
12 East Church Street
Frederick, Maryland 21701
- If the County requires additional insured status, the blanket endorsement(s) for such must be provided upon request.
- If any primary policy’s limits fall short of the stated requirements, a certificate shall be provided for all any excess policies that supplement or extend these limits.
- Required insurance is primary and non-contributory, which should be stated on the certificate of insurance.
- Required insurance must be maintained for the duration of the contract or business relationship.
- If applicable, the Contractor shall assure that all subcontractors and independent contractors performing services for the County carry identical insurance coverage as required of the contract, either individually or as an Additional Insured on the policies of the Contractor. Exceptions may be made only with the approval of the County.
- Contractor shall indemnify Frederick County, Maryland for any uninsured losses relating to contractual services involving subcontractors, including workers' compensation claims and the cost of defense.
- The Contractor shall not commence work for Frederick County, Maryland until evidence of all required coverage is approved by the Office of Risk Management.
- Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.
- The Contractor will not hold Frederick County, Maryland liable for any injuries to the employees, servants, agents, subcontractors or assignees of the contract arising out of or during the course of services relating to this agreement.
- The providing of any insurance required herein does not relieve the Contractor of any of the responsibilities or obligations assumed by the Contractor in the contract awarded or for which the Contractor may be liable by law or otherwise. Approval of the insurance by the County shall not in any way relieve or decrease the liability of the Contractor.
- All of the above coverages must be written by a carrier with a minimum A.M. Best rating of A- or better AND a financial size classification of VI or higher. All insurance policies must also be underwritten by companies licensed to do business in the State of Maryland and all certificates must include an authorized signature.
- CONTRACTOR'S QUALIFICATIONS —
Contractor shall have a minimum of at least five (5) years’ experience in the process of cleaning and inspecting sanitary sewer mains using CCTV. Among the Contractor’s experience, such work shall have been completed on at least one project involving cleaning and CCTV inspection of 8” – 36” diameter sanitary sewer mains during the last five years in which the CCTV inspection productivity rate equaled or exceed 100,000 linear feet per calendar year.
Among the Contractor’s experience shall include the quantities and sanitary sewer main sizes of off road easements CCTV inspections and cleaning performed.
The County reserves the right to inspect the Contractor’s equipment and to perform such investigations as may be deemed necessary to insure that competent personnel and management will be utilized in the performance of this contract.
- RESERVATIONS —
- The Director of P&C reserves the right to reject any or all proposals or parts of proposals when, in P&C's reasoned judgment, the public interest will be served thereby.
- The Director of P&C may waive formalities or technicalities in proposals as the interest of the County may require.
- The Director of P&C reserves the right to increase or decrease the quantities to be purchased at the prices offered. The quantity intended to be purchased and the period and percentage amount of any such reservation will be stated in the solicitation.
- The Director of P&C reserves the right to award contracts or place orders on a lump sum or individual item basis, or such combination as shall, in P&C's judgment, be in the best interest of the County.
- The Director of P&C may waive minor differences in specifications provided these differences do not violate the specification intent nor materially affect the operation for which the item or items are being purchased, nor increase the estimated cost of maintenance and repair to the County.
- The Director of P&C may reject any proposal which shows any omission, irregularity, alteration of forms, additions not called for, conditional or unconditional unresponsiveness, or proposals obviously unbalanced.
- Responsibility and responsiveness of any Contractor’s proposal will be determined at the sole discretion of the Director of P&C.
- Description —
- The Contractor shall be responsible to furnish all equipment, materials and supervision to professionally execute internal camera survey or latest version compliant and with certified personnel to inspect sewer mains that are located in streets, street right-of-way and off-road easements. The majority of work during the contract period will be in off-road easements. Pipe sizes may include 8” to 36”.
- The intent of sewer line cleaning is to remove foreign materials from the lines and restore the sewer to a minimum of 95% of the original carrying capacity. It is recognized that there are some conditions such as broken pipe and major blockages that prevent cleaning from being accomplished or where additional damage would result if cleaning were attempted or continued. Should such conditions be encountered, the Contractor will not be required to clean those specific manholes to manhole sections. If in the course of normal cleaning operations, damage does result from preexisting and unforeseen conditions such as broken pipe, the Contractor will not be responsible. The County representative will be immediately notified when a defect is identified in any phase of work that may impact the structural integrity of the pipe. Equipment shall have the ability to clean sewer mains that are located in streets, street rights-of way and off-road easements, with the emphasis on off-road easements. Pipe sizes may include 8” to 36”.
- County to provide access easements to the off-road sewer lines. When weather or field conditions are likely to cause property damage, the Contractor will proceed with care and is responsible for restoration of property if damage occurs.
- Work after normal working hours and non-daylight work has to be approved in advance by the County. Work on official holidays or weekends shall be approved by the County in advance.
- A representative of the County will be with the Contractor to assist in locating the areas where the work is to occur and to witness the cleaning and camera survey.
- Except as otherwise noted, the Contractor shall provide all materials, labor, tools, and other items necessary to complete the work.
- The Contractor warrants that all workers and subcontractors shall be skilled and certified in their trades
- The Contractor shall adequately protect the work, adjacent property, and the public, and shall be responsible for any damage or injury due to its act or neglect.
- The Contractor shall always permit and facilitate observation of the work by the County and its representatives.
- The Contractor shall keep the premises free from accumulation of waste material and rubbish, and at the completion of the work, shall remove from the premises all rubbish, implements, and surplus materials and leave the proprieties clear.
- BID OPENING —
- Bid submissions are due on or before the due date and time indicated in the Pertinent Information section at the front of this document. Late bids will not be accepted, opened, considered or awarded. In the event that County administrative offices are closed or delayed the date that bid submissions are due, the bid will be opened online the next business day at the same time indicated in the Pertinent Information section at the front of the document.
- All bids submitted will be opened publicly. Prices will be read aloud. Indications of “low bidder” do not necessarily reflect the responsiveness or responsibility of the bidder and may not accurately reflect which Contractor may ultimately be awarded.
- Bids will be opened via Conference Call:Dial: 866-818-0460 Participant Login: 7070570#
- MINIMUM PERSONNEL QUALIFICATIONS —
The Contractor’s project manager or supervisor shall have experience that includes the successful cleaning and CCTV inspection activities of at least 100,000 linear feet of 8” – 36” diameter sewer mains or shall have at least 5 years’ experience and continuously worked for the Contractor for the last two (2) years. Experience shall include use of electronic locating equipment and CCTV inspection equipment. The project manager or superintendent must have current NASSCO PACP, MACP and LACP certification. Project references and contact information must be provided.
All Contractor’s employees performing CCTV inspection and performing QAQC of the CCTV data shall have knowledge, experience, training and current NASSCO PACP, MACP, and LACP certification.
All Contractor’s employees performing fieldwork under this contract shall have knowledge, experience, training, and be certified in the NASSCO PACP, MACP, and LACP programs.
- COMPETITION —
- A Contractor may offer only one price on each item though it may have two or more types that meet specifications. Contractors must determine for themselves which to offer. Submission by a single Contractor of more than one price for a single item shall be sufficient cause for rejection of all prices for that item submitted by the Contractor.
- All proposals must be accompanied by descriptive literature as may be called for by the specifications or proposal. Specifications provided are based on County needs and uses, estimated costs of operation and maintenance, and other significant and/or limiting factors to meet County requirements and shall be consistent with County policies. Minimum specifications, and maximum specifications, where included, are not established arbitrarily to limit competition or to exclude otherwise competitive Contractors.
- Materials —
- EQUIPMENT: Provide equipment to perform inspections of sewer mains located in streets, street right-of-way, and off-road easements. This equipment is included but not limited to:
- Portable camera equipment,
- Vehicles capable of transporting CCTV/camera equipment and accessing remote easements, and
- Adequate cleaning equipment.
- SOFTWARE REQUIREMENTS: Latest version certification and video recording.
- CCTV/CAMERA REQUIREMENTS:
- Color Video Camera:
- Specifically designed and constructed for this application
- Camera, Television Monitor, and other components: Capable of producing a minimum 700-line resolution color video picture.
- Pan and tilt type, capable of turning at right angles to pipes axis over an entire vertical circle (minimum pan of 270 degrees and rotation of 360 degrees).
- Lighting: Suitable to allow clear picture of entire inner pipe wall extending at least 10 feet in front.
- Operative in 100 percent humidity conditions.
- Image: Capable of self-righting itself.
- Include data view display feature capable of showing on screen the following information.
- Lateral address.
- City and State.
- Date and Time.
- Project name.
- Contractor’s name.
- Inside pipe diameter and type.
- Manhole identification (upstream manhole to downstream manhole).
- On-going footage counter accurate within 0.2 foot.
- Operator narration capability. Follow NASSCO standards.
- Recording of single section of sewer split onto multiple USB Flash Drives will not be acceptable.
- Clearly label each USB Flash Drive as approved by the County.
- Mounting Launched from within mainline sewer: Mounted on tread tractor or skids that moved through sewers
- Attachment: Push cable with a fiberglass rod core.
- Camera, Television Monitor, and other Components: Capable of producing a minimum 700-line resolution color video picture.
- Cleaning Equipment
- Equipment should be able to reach sewer mains that are off ROW and in rough terrain. All high-velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The equipment shall have a selection of two or more high-velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned. Equipment shall also include a high-velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. The equipment shall also be capable of vacuuming up debris to be transported to the County Wastewater Treatment Plant for disposal.
- Method of cleaning will be left to the Contractor to determine the best method to clean the pipe to 95% of the original carrying capacity with no damage to the carrier pipe. The approval of the section as being satisfactorily cleaned will be determined by the County representative.
- Camera Inspection of Sewer Lines —
- CCTV/Camera
- Mainline:
- Clean and inspect sewer line from manhole to manhole, preferably upstream to downstream, one section at a time.
- Placement of Camera.
- Manhole.
- Place at center of manhole and commence video before entering pipe.
- Start footage counter from the field of vision of the edge of manhole at pipe connection.
- Mainline:
- Mount on a transport platform that will keep it centered along longitudinal axis of sewer mainline and above water.
- Operation of Camera.
- Show inside of manhole channel and pipe connection to wall at both upstream and downstream manhole and lateral connections.
- Move through line at a speed no greater than 30 feet per minute, stopping for minimum 10 seconds to record lateral connections, mainline connections, defects, and features and points of interest.
- Maintain technical quality, sharp focus, and distortion free picture.
- Video a section of sewer in its entirety with no breaks or interruptions.
- Pan, tile, and rotate as necessary to best view and evaluate lateral connections, defects, features, and points of interest.
- Use power winches, powered rewinds, tractors, or other devices that do not obstruct camera view or interfere with proper documentation of sewer conditions to move camera through sewer.
- Whenever non-remote powered and controlled winches are used set up telephones or other suitable means of communication between manholes to insure good communications.
- Use hydraulic jet nozzle if necessary to remove standing water from line.
- Eliminate stream in line for duration of inspection.
- Utilize blower as needed to defog sewer line.
- Measurement for location of defects and service laterals:
- At ground level by means of County-approved footage counter or metering device. Measurement meters must be accurate to 0.2 foot over length of section being televised.
- Movement of television camera.
- Mainline: Stop camera at service connections and inspect lateral with pan and tile camera.
- Identification of defects.
- If roots, sludge, or sediment material impedes inspection withdraw camera and re-clean mainline by hydraulic jet.
- Upon completion of re-cleaning operation, resume internal inspection of mainline.
- If protruding tap impedes inspection, trim protruding tap to ½ inch.
- If obstructions are not passable and cannot be removed by sewer cleaning or reaming, withdraw CCTV/camera equipment and perform inspection from opposite end. If a reverse setup is required, the individual portions of that pipe segment shall be stored in separate video files.
- Cost involved in extracting cameras stuck in sewer line will be at no additional cost to the County.
- When additional obstructions are encountered after re-deployment of equipment, and no means are available for passing obstructions, remand to the County for resolution.
- Field documentation.
- Submit original records, logs, USB Flash Drives, and electronic data for sewer line inspection to the County within 5 working days.
- Include, but not be limited to following information.
- Lateral address.
- City and state.
- Date and time.
- Project name.
- Contractor’s name.
- Inside pipe diameter and type
- Manhole identification (upstream manhole to downstream manhole).
- On-going footage counters accurate within 0.2 feet.
- Operator narration capability: Follow NASSCO standards.
- County will create guest accounts to Sharepoint environment for Contractors where they would be able to use approved credentials to access and share information. USB Flash Drives are not acceptable.
- Provide a detailed report for each section of sewer pipe inspected, listing the location of any defects and obstructions encountered during the inspection process, i.e. lateral at 42 feet, roots at 150 feet, etc.
- Digital video file recording/playback:
- At same speed that it was recorded
- Supply slow motion or stop motion playback features
- Once recorded, digital video file becomes property of the County.
- Have digital video file and necessary playback equipment readily accessible for review by the County during Project.
- If an uncharged manhole is encountered, a new coding sheet must be started and the footage re-set to zero. Contact the County representative to obtain identifier for uncharged manhole.
- Digital video files displaying poor video quality refers to but is not limited to grease or debris on lens, camera under water, image too dark, washed-out, distorted, or out of focus, lines improperly cleaned, and poor/no audio.
- Re-televise line if necessary and resubmit digital video file at no cost to the County.
- PERIOD OF VALIDITY —
Unless otherwise specified, all formal proposals submitted shall be irrevocable for 120 days following the proposal opening date, unless the Contractor agrees to an extension. Proposals may not be withdrawn during this period. The County may request an extension of the Period of Validity via email to the Contractor’s representative.
- RESOURCES —
- EQUIPMENT:
- The Contractor shall submit a list of equipment indicating the ability to perform the required fieldwork including detailed information about the equipment (make, model, year of manufacture, description, features, and owner), this includes cleaning equipment and CCTV equipment.
- The County reserves the right to inspect the Contractor’s equipment and to perform such investigations as may be deemed necessary to ensure that competent personnel and management will be utilized in the performance of this contract.
- MANPOWER: The Contractor shall submit a list of manpower available for this contract. The list should specify the total number and size of crews anticipated to be used in this contract.
- INSTRUCTIONS —
- Bid responses must be submitted electronically through the OpenGov Procurement Portal at https://procurement.opengov.com/portal/frederickcountymd/projects/272789.
- All submissions must be signed by an authorized officer or agent of the Contractor submitting the response must be entered into OpenGov no later than the time and date indicated. Responses received after the time and date indicated will not be accepted or considered.
- The submission of a bid is an agreement to all the terms, conditions, and specifications provided herein and in the various documents, unless specifically noted otherwise in the bid.
- Each bid will be accompanied by the Affidavit regarding price fixing, gratuities, bribery, and discriminatory employment practices. When the Contractor is a corporation, a duly authorized representative of said corporation must execute the Affidavit. The Affidavit is provided in the solicitation package.
- If a discrepancy in or omission from the specifications is found, or if a Contractor is in doubt as to their meaning, or feels that the specifications are discriminatory, the Contractor must notify P&C in writing not later than five days prior to the scheduled bid opening. Exceptions taken do not obligate the County to change the specifications. P&C will notify all Contractors of any changes, additions, or deletions to the specifications by Addenda posted on the P&C website (http://frederickcountymd.gov/procurement).
- The County will assume no responsibility for oral instructions or suggestions. All official correspondence in regard to the specifications will be issued by P&C.
- AWARD —
The County intends to make one award; effectively to the lowest bidding responsive and responsible Contractor.
- SUBMISSION OF BID DOCUMENTS —
- Contractors are required to include the following documents with their bids:
- Price Page No. 1
- Bid Proposal
- Acknowledgement of Addenda
- Contractor’s Reference Information
- Affidavit
- Certifications of Compliance
- Insurance Requirements
- Redacted Version (if none is supplied, the original will be produced in response to future MPIA)
- Exceptions, if applicable
- List of Equipment
- List of Manpower
- Employee Certifications
- Failure to return required documents may be cause for rejection of bid.
- GOVERNING LAW —
- This contract shall be governed by and construed in accordance with the laws of the State of Maryland without regard to any choice of law principles that would dictate the laws of any other jurisdiction. The parties agree that the exclusive venue for any and all actions related hereto shall be the appropriate Federal or State court located within the State of Maryland.
- The laws of the State of Maryland and Frederick County shall govern the resolution of any issue arising in connection with the contract, including, but not limited to, all questions on the validity of the contract, the capacity of the parties to enter therein, any modification or amendment thereto, and the rights and obligations of the parties hereunder.
- Cleaning of Sewer Lines —
- The designated sewer manhole to manhole sections shall be cleaned using hydraulically propelled, high-velocity jet, or mechanically powered equipment. Selection of the equipment used shall be based on the conditions of lines at the time work commences. The equipment and methods selected shall be satisfactory to the County Representative. The equipment shall be capable of removing dirt, grease, rocks, sand, roots and other materials and obstructions from the sewer lines and manholes. If cleaning an entire section cannot be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning again attempted. If, again, successful cleaning cannot be performed or the equipment fails to traverse the entire manhole to manhole section, it will be assumed that a major blockage exists and the cleaning effort shall be abandoned.
- Normal Cleaning is defined as initial section cleaning followed by continuous cleaning.
- Initial section of the sewer line shall include a minimum of three passes. The first shall extend from the downstream manhole to point in the sewer equal to 1/3 of the total distance between the manholes, which are being cleaned. The second pass shall be 2/3 of the sewer line and the third pass shall extend the full distance between manholes. All passes shall be made using sufficient capacity of the sewer cleaning equipment.
- Continuous cleaning passes from manhole to manhole is done after the sectioning of the sewer line has been completed, the contractor shall make three complete passes from manhole to manhole
- Immediately after the cleaning process has been completed, the contractor shall visually inspect the sewer line by use of TV/Camera. This operation must be done utilizing the jet to draw down enough of the existing flow to enable inspection of the bottom of the pipe. If at this time, debris remains in the sewer, additional cleaning efforts will be paid as “Heavy Cleaning”. Payment for “Normal Cleaning” and “Heavy Cleaning” will only be made based on the CCTV footage of the sewer line that is cleaned if not witnessed by the County Representative.
- Heavy cleaning is defined as all labor, material and equipment required to clear 25% or greater blockage and have the sewer in a clean enough condition before television of the sewer. The item will be bid as work supplemental to normal cleaning as outlined above. It shall be paid for those sewers that require rodding, root cutting or additional cleaning as defined in “Sewer Cleaning” to accomplish the end result. The sewer shall be cleaned to 95% of the original carrying capacity or as determined by the County.
- Tap cutting during pipe cleaning shall be done internally using tools on the jet hose. The protruding tap shall be trimmed to 1/2 inch from pipe wall. Excavation and repair will not be an acceptable method for tap trimming.
- Root cutting during pipe cleaning shall be done internally using tools on the jet hose. Excavation and removal will not be an acceptable method of root cutting.
- The cost to remove a stuck cleaning hose is at no cost to the County and the line cannot remain in the sanitary sewer.
- LITERATURE —
Complete descriptive literature must be included with bid. Failure to do so is sufficient cause for rejection of the bid.
- WORK SCHEDULE —
The County requires the work to be completed no later than N/A. The Contractor(s) shall state as part of its proposal, a work start schedule and a work completion schedule from the date of contract award notification. The County will take this into consideration in the award process. Failure to comply with any timeline established by the County will be considered negatively in the evaluation process. (If this is required, make sure it is included in the Evaluation Criteria!)
- Cleaning Precautions —
- During sewer cleaning operations, satisfactory precautions shall be taken in the use of cleaning equipment. When hydraulically propelled cleaning tools (which depend upon water pressure to provide their cleaning force) or tools, which retard the flow in the sewer line, are used, precautions shall be taken to insure that the water pressure created does not damage or cause flooding of public or private property being served by the sewer. Operations are to be conducted to prevent building backups and sewer overflows. The Contractor is responsible for cleanup, repair, fines, property damage costs and claims for any sewage backup, spillage or sanitary sewer overflow.
- When additional water is necessary, it can be purchased from the County Bulk Water Station located at 7407 Shockley Drive, Frederick MD 21704.
- The cost of water is $19.66 per 1,000 gallons (subject to change at the beginning of each fiscal year beginning July 1st). Water tanks must be properly equipped with an air gap or backflow preventer.
- The County will provide water at the cost listed above from a nearby hydrant as long as three conditions are met; 1) a County employee will be present and operate the hydrant, 2) use of a County provided meter, and 3) an air gap must be provided on any equipment receiving water.
- DISPUTE PROCEDURES —
- Upon notification of award, non-awarded Contractors may protest the process or award by utilizing the protest procedures available on the P&C website: www.frederickcountymd.gov/procurement
- After award and during contract performance, the awarded Contractor may dispute proceedings or performance by:
- Notifying Using Agency in writing on Contractor letterhead of the disputed issues and requesting a meeting to discuss and come to resolution with the Using Agency Division Director.
- If no resolution is reached, the awarded Contractor may notify P&C in writing on Contractor letterhead of the failure to reach resolution with the Using Agency and request to meet with the Director of P&C to discuss and come to resolution.
- If no resolution is reached, the Director of P&C may refer the matter(s) to the Contractor’s Responsibility Board (CRB) for a hearing to reach resolution in accordance with the CRB policy on the P&C website: www.frederickcountymd.gov/procurement. The CRB’s written decision is the final resolution.
- At any time during the performance of the contract, the awarded Contractor may contact the Director of P&C to request to be heard by the CRB to present information, lodge a complaint, etc.
- Measure and Payment —
- Mainline CCTV/camera inspection
- Inspection of sewer lines shall be paid for at the unit price bid per linear foot with pipe size ranging from 8” to 36”. Additional payment shall be made for additional setups required due to obstructions encountered during televising. Measurement of the actual number of feet inspected shall be made from the field of vision of the edge of manhole at the pipe connection. The 6” sewers encountered may not have manholes installed on the line.
- It should be noted that if reverse setups (a situation that arises when the television camera cannot pass through the manhole sections, making it necessary to reverse the positions of the television equipment and enter the sewer from the opposite direction) are required during television inspection, the per foot cost of television inspection will be paid for the actual footage televised. Measurement of the actual number of feet inspected shall be made from the center of the manhole to the point where the survey was abandoned in each direction.
- Sewer mainline cleaning
- Sewer mainline cleaning shall be paid for at the unit price per linear foot of each size pipe ranging from 8” to 36”. Measurement of the actual number of feet cleaned shall be made from the center of the manholes. Cleaning also includes transportation of debris to the County Wastewater Treatment Plant.
- Payment for “Normal Cleaning” will be at the contract unit price per linear foot.
- Payment for “Heavy Cleaning” will be at the contract unit price per linear foot and will be in addition to the unit price for cleaning sewers from manhole to manhole. All television inspections necessary to verify the cleanliness of the lines shall be incidental to this item of work. No payment will be made on sections of sewer that are not “clean” as verified by the TV inspection.
- In areas where extreme heavy cleaning is needed due to compacted debris, lodged objects, or other approved circumstances, payment for an hourly change for extreme heavy cleaning will be made instead of the additional “Heavy Cleaning” price per linear foot. Approval from the County must be obtained before work begins.
- Tap cutting shall be paid for at the unit price bid per incident. Tap cutting shall include the removal of debris from the line.
- Mobilization and Demobilization shall be paid for at the unit price bid per unit. This item will not include equipment problems that require new equipment to be brought on site. This item will not include the contractor leaving the site and returning through no fault of the County. This item will not include transport from one site in the County system to another site within the County system. Footage to clean/CCTV may increase by 10% while the contractor is in the County system with no increase in payment for mobilization or demobilization fees. An increase of footage greater than 10% to be cleaned/CCTV’d will be only by mutual consent between the contractor and County.
- Mobilization/Demonization is one event. The second quantity in the bid form is in case the County desires the Contractor to return for additional cleaning after the Contractor has left the area.
- Each contract year, all work shall be completed within 60 working days of notice to proceed.
- AGREEMENT PERIOD —
The contract period shall be for 1 year commencing on or about After Agreement Execution after approval and proper execution of the contract documents, with a renewal option for Four additional years in one-year increments, exercisable at the sole discretion of the County.
- NON-WAIVER —
Any waiver of any breach of covenants herein contained to be kept and performed by the Contractor shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same condition of covenant or otherwise.
- SAMPLES —
- Contractors must specify the product being bid and must supply a sample and sufficient data for each type of NO VALUE being bid. All samples must be delivered before opening of bids. All packages must be marked "Samples for the Office of Procurement & Contracting" and each sample must bear the name of the Contractor, item number, bid number and must be tagged or marked in a substantial manner. Failure to submit the required samples may be sufficient cause for rejection of the bid.
- The County reserves the right to retain the sample(s) for testing purposes and will be free from any redress or claim on the part of the Contractor if any articles or materials are lost or destroyed. Upon notification by the County that a sample is available for return, it must be removed within five (5) business days or the County will not be responsible for its disposition.
- COMPLIANCE WITH LAWS —
- If awarded a contract, the Contractor hereby represents and warrants that it:
- Is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;
- Is not in arrears with respect to the payment of any monies due and owing the County, or any department or agency thereof, including, but not limited to, the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract;
- Shall comply with all federal, state, and local laws, ordinances, and legally enforceable rules and regulations applicable to its activities and obligations under the contract;
- Shall eschew any and all forms of employment discrimination and promote equal opportunity in hiring practices as well as the selection of subcontractors for use in any of its projects;
- Shall procure, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under the contract; and
- Agrees that the facts and matters set forth hereafter in the contract and made a part hereof are true and correct.
- Meets the qualifications required and years of experience stated.
- In addition to any other remedy available to the County, breach of any of the paragraphs of this clause shall, at the election of the County, be grounds for termination. Failure of the County to terminate the contract shall not be considered or construed as a waiver of such breach nor as a waiver of any rights or remedies granted or available to the County.
- PRICE ADJUSTMENT —
- Prices offered shall be firm against any increase for One year from the effective date of this contract. Prior to the commencement of subsequent renewal periods, it shall be the Contractor’s responsibility to notify P&C in advance of the renewal date of any requested price changes. Requests made after the renewal date will not be considered.
- Requests for price adjustments shall be submitted to P&C, not the user agency.
- The County will entertain requests for escalation in accordance with the current Consumer Price Index at the time of the request or up to a maximum 5% increase over the current pricing, whichever is lower. (For purposes of this section, “Consumer Price Index” shall be the Consumer Price Index-All Urban Consumers (CPI-U), Washington- Arlington- Alexandria, DC-VA-MD-WV, All Items, Not Seasonally Adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics.) The County reserves the right to accept or reject the request for a price increase and will do so in writing. If the price increase is approved, the price increase will be effective upon written approval and will remain firm through the renewal period.
- If a price increase is requested following contract renewal and it has been longer than one year since the last increase, the County may entertain a request for escalation if it is in the County’s best interest. If the price increase is approved, the price increase will be effective upon approval and will remain firm through the renewal period, or for one year, at the County’s sole discretion.
- PRICE ADJUSTMENT —
- Prices offered shall remain firm against any increase for One year(s) from the effective date of this contract. Prior to the commencement of subsequent renewal periods, it shall be the Contractor’s responsibility to notify P&C in advance of the renewal date of any requested price changes. Requests made after the renewal date will not be considered.
- Requests for price adjustments must be submitted to P&C, not the user agency.
- Requests for price adjustments must be accompanied by bona-fide manufacturer’s documents or price lists reflecting the changes. Increases shall be limited to the actual cost increase to the Contractor. The County reserves the right to accept or reject the request for price increase and will do so in writing. If the price increase is approved, the price increase will be effective upon written approval and will remain firm through the renewal period.
- If a price increase is requested following contract renewal and it has been longer than one year since the last increase, the County may entertain a request for escalation if it is in the County’s best interest. If the price increase is approved, the price increase will be effective upon approval and will remain firm through the renewal period, or for one year, at the County’s sole discretion.
- In the event of any decrease in price, either by the manufacturer or if the Contractor shall charge a lower price to other customers, the County shall be notified promptly and receive such decrease.
- HOLD HARMLESS/INDEMNIFICATION —
- The Contractor shall indemnify and hold the County harmless from and against all liability and expenses, including reasonable attorney's fees, howsoever arising or incurred, alleging damage to property or injury to, or death of, any person arising out of or attributable to the Contractor's performance of the contract awarded, provided that the Contractor shall not be responsible for acts of negligence or willful misconduct committed by the County, its employees, agents and officials.
- Any property or work to be provided by the Contractor under this contract will remain at the Contractor's risk until written acceptance by the County; and the Contractor will replace, at Contractor's expense, all property or work damaged or destroyed by any cause whatsoever.
- EXCLUSIVITY —
- The County is obligated during the period stipulated to purchase all of its normal requirements from the Contractor and the Contractor shall be obligated to furnish the goods and/or services as stated.
- Should the Contractor be unable to fulfill the needs of the County, the County reserves the right to secure services from other sources to meet its immediate needs without prejudice of the Agreement.
- TERMINATION —
- Termination Prior to Expiration of Term: The County reserves the right to terminate the resulting Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. The Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event of termination without cause pursuant to this provision, the County need not provide the Contractor with the opportunity to cure.
- Termination for Default: If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, County may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the County shall use reasonable efforts to mitigate such damages), and County may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the County as previously stated.
- Termination for Non-appropriation: If the County or other funding source fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period or part thereof of the resulting Agreement, the Agreement shall be cancelled automatically as of the beginning of the fiscal year or part thereof for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the County's rights or the Contractor's rights under any termination clause in this Agreement. The effect of termination of the Agreement hereunder will be to discharge both the Contractor and the County from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the Agreement. The County shall make a good faith effort to notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Agreement for each succeeding fiscal period or part thereof beyond the first fiscal year.
- MARYLAND REGISTRATION —
Contractors must be registered to do business in, and must be in good standing with, the State of Maryland. Contractors not registered must obtain registration information from the Maryland Department of Assessments and Taxation website at: http://dat.maryland.gov or by calling 410-767-1184 or Toll Free 888-246-5941.
- NON-EXCLUSIVITY —
Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the Contractor. This contract shall not restrict the County from acquiring similar, equal, or like goods and/or services from other entities or sources.
- ESTIMATED QUANTITIES —
The estimated annual quantities stated are provided as a general guide for proposing and are not guaranteed. Actual quantities may be more or less than estimated. There is no guarantee of work. If more than one Contractor is awarded, there is no guarantee of equal work distribution. Work will be assigned at the sole discretion of the County.
- AVAILABILITY OF FUNDS —
The contractual obligation of the County under this contract is contingent upon the availability of appropriated funds from which payment for this contract can be made.
- INTEGRATION AND MODIFICATION —
These proposal documents, Contractor's response to this solicitation, and subsequent purchase order(s) to the successful Contractor contain the entire understanding between the parties and any additions or modifications hereto may only be made in writing executed by both parties.
- ESTIMATED USAGE —
The estimated annual usage stated are provided as a general guide for proposing and are not guaranteed. Actual usage may be more or less than estimated. There is no guarantee of work. If more than one Contractor is awarded, there is no guarantee of equal work distribution. Work will be assigned at the sole discretion of the County.
- INSURANCE REQUIREMENTS —
The Contractor shall be required to provide the insurance as outlined in Section Insurance Requirements. All documentation of insurance shall be submitted prior to contract start date. In the event that the necessary insurance cannot be obtained, the County reserves the right to revoke the contract award and award to another firm.
- NON-ASSIGNMENT OF CONTRACT —
Neither the County nor the Contractor shall assign, sublet, or transfer its interest or obligations under the resulting contract to any third party, without the written consent of the other. Nothing here shall be construed to create any personal or individual liability upon any employee, officer, or elected official of the County, nor shall the resulting contract be construed to create any rights hereunder in any person or entity other than the parties to this contract.
- RESPONSIBILITY —
The Contractor has the burden of demonstrating affirmatively its responsibility in connection with this solicitation, in background, history of projects, years of experience as a contracting firm, project team(s), ability, etc. A Contractor under debarment, or with documented poor performance, or with questionable reputation, or without the required years of operation, or lacking integrity or key personnel, as solely determined by the Director of P&C, may automatically be considered non-responsible in connection with this solicitation. At the sole discretion of the County, a Contractor that has previously failed to perform properly, has failed to timely complete contracts of a similar nature, has failed to complete contracts of a similar nature within budget or with an unreasonable quantity of change orders, or one that investigation reveals is unable to perform the requirements of the contract may be excluded from consideration for award. P&C may request that a Contractor provide documentation necessary for the determination of responsibility. Failure of a Contractor to provide the required documentation may exclude it from further consideration. Final determination of responsibility is determined at the sole discretion of the Director of P&C.
- METHOD OF ORDERING —
- Purchase Orders will be issued from time to time for such quantities as may be required by the County. Purchase Orders issued against the contract, even if not completed within the term of the contract, shall continue to be bound by the terms and conditions until completion.
- Purchases may also be made with the County’s procurement card (currently MASTERCARD). The Contractor agrees to accept the card for such quantities as may be required by the County. Contractors are prohibited from charging additional fees over and above its proposal prices to process payments on procurement cards.
- AFFIDAVIT —
The attached affidavit is provided to facilitate compliance with the applicable law and is to be completed and returned with response.
- ABANDONMENT, DISSOLUTION AND RESTRUCTURING —
A Contractor who abandons or defaults the work on this contract or any Task Order that has been issued to a Contractor and causes any work be re-bid will not be considered in future bids for the same type of work unless the scope of work is significantly changed. Written notification of changes to company names, address, telephone number, etc. shall be provided to the County as soon as possible, but not later than thirty (30) days from date of change.
- PUBLIC INFORMATION/PROPRIETARY/CONFIDENTIAL INFORMATION —
- The County operates under the public information law, which permits access to most records and documents under the Maryland Public Information Act (MPIA).
- Proposals will be available for public inspection after the award announcement, except to the extent that a Contractor designates trade secrets or other proprietary data to be confidential. Material designated as confidential must be readily separable from the remainder of the proposal to facilitate public inspection of the non-confidential portion of the proposal. A Contractor's designation of material as confidential will not necessarily be conclusive, and the Contractor may be required to provide justification why such material should not be disclosed, on request, under the MPIA, General Provisions Article, Sections 4-101 through 4-601 of the Annotated Code of Maryland.
- GRANT FUNDING REQUIREMENTS —
(If applicable, remember that if the project is grant funded, have the Grants Contracts Manager insert here.) OR In the event that a grant opportunity is made available and awarded to the County during the term of the agreement. The Contractor agrees to comply with guidelines, requirements, terms, and conditions as outlined in Notification of Grant Award documents after award and acceptance and incorporated into any approved Task Order using grant funding.
- COOPERATIVE PURCHASE —
- The Contractor may extend all of the terms, conditions, specifications, and unit or other prices of any award resulting from this proposal to any and all other public bodies, subdivisions, school districts, community colleges, colleges, and universities including non-public schools at its own discretion.
- The County assumes no authority, liability or obligation, on behalf of any other public or non-public entity that may use any contract resulting from this proposal.
- BILLING AND PAYMENT —
- Invoices shall be submitted as required in duplicate for all services performed to 4520 Metropolitan Court, Frederick, Maryland 21704.
- Each invoice shall include the following information:
- Federal Employer Identification Number (FEIN);
- Contractor’s name and address;
- Name of User Agency;
- Frederick County Contract Number, if applicable;
- Purchase Order Number;
- Description of goods provided and/or services performed;
- Date and length of time of each service performed, if applicable; and
- Name of individual(s) performing the required services, if applicable.
- Delivery tickets signed by authorized County personnel shall accompany invoice.
- Payment shall be made upon receipt of proper invoice from the Contractor and authorized by the County.
- The County shall not be subject to late fees, fees for use of credit card payment, or additional fees of any kind at any time during the Agreement period.
- All amounts, costs, or prices referred to herein pursuant to this contract shall be United States of America currency.
- Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid Net30.
- EXCEPTIONS —
If the Contractor cannot/ will not meet the terms, conditions, and/or specifications of the solicitation, the Contractor shall furnish a statement on company letterhead providing a complete description of any exceptions to the terms, conditions, and specifications. Failure to furnish exceptions on company letterhead shall be interpreted to mean the Contractor agrees to all terms, conditions, and specifications. Exceptions taken do not obligate the County to change the terms, conditions, and/or specifications. Exceptions to the terms and/or conditions and/or to the County’s standard Agreement may be sufficient cause for rejection of the proposal. Descriptive literature may be used to clarify or be a reference to an exception; however, exceptions shall not be considered by enclosing descriptive literature in itself. The decision of the Director of P&C in accepting or rejecting an exception shall be final. If it is determined that an exception is not acceptable, the proposal may be considered non-responsive at the sole discretion of the Director of P&C.
- DEFAULT —
Upon non-performance or violation of the contract terms, the Contractor will be given one chance, via written communication, to correct deficiencies. Failure to correct the deficiencies stated in the written communication will be cause for the contract to be cancelled or annulled by Frederick County, Maryland in whole by written notice of default to the Contractor. An award may then be made to the next low Contractor. In either event, the defaulting Contractor (or its surety) shall be liable to the County for costs to the County in excess of the defaulted contract prices. Failure of the Contractor to deliver services within the time stipulated on its proposal, unless extended in writing by the Director of P&C shall constitute contract default. In the event that a Contractor exempted from posting a Bid or Performance Guarantee fails to execute and perform any contract awarded to it, it shall forfeit the right to respond on any future County contract for a period of time determined by the Director of P&C and it shall be liable for any costs incurred by the County as a result of its default.
- SITE CONDITIONS —
The submission of a proposal shall be considered representation that the Contractor has carefully investigated all conditions which affect or may, at some future date, affect the performance of the work or services covered by the solicitation, the entire area to be serviced as described in the solicitation, and that the Contractor is fully informed concerning the conditions to be encountered, character, quality and quantity of work to be performed, and equipment and materials to be furnished. The Contractor shall also be familiar with all Federal, State, and County laws, all codes and ordinances of the County which in any way affect the performance of the work, or persons engaged or employed in the work, or the materials and equipment used in the work.
- FAIR LABOR STANDARDS ACT —
All goods shipped against this order must be produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended including Section 6, 7, and 12, and regulations and orders issued under Section 14 thereof.
- REFERENCES —
References will be verified by the Buyer and the results utilized as part of the determination of a Contractor’s responsibility. Any negativity or uncertainty expressed by references may be used to exclude the Contractor from further consideration for award at the sole discretion of the County. It is in the best interest of the Contractor to CONTACT THE REFERENCES IN ADVANCE to ensure that they are aware that they are being utilized as a reference for this solicitation. Contactors may not use the County as a reference. Any work history the Contractor has with the County will automatically be utilized as part of the evaluation process.
- CASH DISCOUNT —
Cash discounts will be taken into consideration in determining the award. However, an offer of a cash discount must allow a reasonable period of not less than 30 days in order to be included in evaluation of the proposal pricing. A proposal offering a cash discount in a period of less than 30 days will be evaluated as a proposal without a cash discount offer. If the Contractor obtains an award by reason of their gross price, the County will hold the offer of a cash discount and make every effort to obtain such discount.
- ADDITIONS/DELETIONS —
The County, at its option, may add or delete like or related goods and/or services and/or sites as needed at the sole discretion of the Director of P&C. All specifications and requirements of this solicitation will apply to any additions made during the contract term.
- CONTRACT —
All questions must be directed to the Buyer for this solicitation. During the solicitation process which begins with the advertisement of the Invitation for Bid, and following the bid opening, Contractors are strongly cautioned not to contact elected officials or County employees regarding the award process. Contact with any entity other than P&C will be deemed as an attempt to influence the award process and will disqualify the Contractor from further consideration in the award process. Inappropriate efforts to lobby or influence individuals or Contractors involved in this bid award may result in dismissal from further consideration, at the County’s sole discretion.
- UNIT PRICES —
Unless clearly shown on the proposal that it is the intent that a reduced total price is being offered on the basis of receiving an award of all items covered by the total, any totals should be the actual sum of the extension of unit prices. Otherwise, in the event of any discrepancy between a unit price(s), extended price(s), and/or total price(s), unit prices will govern and the proposal will be refigured accordingly.
- PRICE ADJUSTMENT —
For Services:
- Prices offered shall be firm against any increase for One year(s) from the effective date of this contract. Prior to the commencement of subsequent renewal periods, it shall be the Contractor’s responsibility to notify P&C in advance of the renewal date of any requested price changes. Requests made after the renewal date will not be considered.
- Requests for price adjustments shall be submitted to P&C, not the user agency.
- The County will entertain requests for escalation in accordance with the current Consumer Price Index at the time of the request or up to a maximum 5% increase over the current pricing, whichever is lower. (For purposes of this section, “Consumer Price Index” shall be the Consumer Price Index-All Urban Consumers (CPI-U), Washington- Arlington- Alexandria, DC-VA-MD-WV, All Items, Not Seasonally Adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics.) The County reserves the right to accept or reject the request for a price increase and will do so in writing. If the price increase is approved, the price increase will be effective upon written approval and will remain firm through the renewal period.
- If a price increase is requested following contract renewal and it has been longer than one year since the last increase, the County may entertain a request for escalation if it is in the County’s best interest. If the price increase is approved, the price increase will be effective upon approval and will remain firm through the renewal period, or for one year, at the County’s sole discretion.
For Commodities:
- Prices offered shall remain firm against any increase for One year(s) from the effective date of this contract. Prior to the commencement of subsequent renewal periods, it shall be the Contractor’s responsibility to notify P&C in advance of the renewal date of any requested price changes. Requests made after the renewal date will not be considered.
- Requests for price adjustments must be submitted to P&C, not the user agency.
- Requests for price adjustments must be accompanied by bona-fide manufacturer’s documents or price lists reflecting the changes. Increases shall be limited to the actual cost increase to the Contractor. The County reserves the right to accept or reject the request for price increase and will do so in writing. If the price increase is approved, the price increase will be effective upon written approval and will remain firm through the renewal period.
- If a price increase is requested following contract renewal and it has been longer than one year since the last increase, the County may entertain a request for escalation if it is in the County’s best interest. If the price increase is approved, the price increase will be effective upon approval and will remain firm through the renewal period, or for one year, at the County’s sole discretion.
- In the event of any decrease in price, either by the manufacturer or if the Contractor shall charge a lower price to other customers, the County shall be notified promptly and receive such decrease.
- DELIVERY —
- Contractors shall guarantee delivery of supplies in accordance with such delivery schedule as may be provided in the solicitation.
- All items shall be delivered F.O.B. Destination, Inside Delivery, and delivery costs and charges included in the proposal unless otherwise stated in the solicitation.
- The P&C reserves the right to charge the Contractor or vendor for each day the supplies are not delivered in accordance with the delivery schedule. The per diem charge may be invoked at the discretion of the P&C and said sum is to be taken as liquidated damages and deducted from the final payment, or charged back to the Contractor or vendor.
- The P&C reserves the right to procure the supplies elsewhere on the open market if delivery is not made as specified, in which event, the extra cost of procuring the supplies may be charged against the Contractor and deducted from any monies due or which may become due him.
- PATENTS —
If applicable, the Contractor shall defend any suit or proceeding against the County so far as based on a claim on any equipment, or on any part thereof, furnished under this contract which constitutes an infringement of any patent of the United States, if notified promptly in writing and given authority, information, and assistance (at the Contractor’s expense) for the defense of same, and the Contractor shall pay all damages and costs awarded therein against the County. In case said equipment or any part thereof, in such suit, is held to constitute infringement and the use of said equipment or part if enjoined, the Contractor shall, at its own expense, either procure for the County the right to continue using said equipment or part, or replace same with non-infringing equipment or part, or modify so that it becomes non-infringing.
- CONTRACT SERVICES AGREEMENT —
- The County and Contractor may execute a Contract Services Agreement, which is attached for review, resulting from the award of this solicitation. Exceptions, if any, to the County’s standard Agreement must be noted in the proposal to be considered during consideration of award. Exceptions to the County’s standard Agreement may result in rejection of the proposal.
- Do not fill in or sign the sample Agreement attached. The County will prepare an Agreement specific to this solicitation for execution by the successful Contractor.
- REDACTED VERSION —
Contractors are encouraged to submit a redacted version of their bid submittal, redacted in accordance with Public Information/Proprietary/Confidential Information. The redacted version shall be kept in County records and utilized for future reference only if requested via the MPIA. In the event no redacted version is submitted with the Contractor’s submitted proposal, the original submitted proposal will be released in response to any MPIA. The redacted version will not be utilized in the process of award. REDACTED VERSION WILL BE FILED AND ONLY RELEASED IN THE EVENT PROPOSER’S RESPONSES ARE REQUESTED THROUGH MARYLAND PUBLIC INFORMATION ACT REQUEST.
- PERSONALLY IDENTIFIABLE INFORMATION (PII) —
- The Contractor agrees that any PII obtained during the provision of service shall be used only to support the service and will not be utilized or released or sold for any other purpose. Use of PII other than the use specified herein is strictly prohibited. Any use not detailed herein requires a formal Amendment to any Agreement resulting from any award under this solicitation.
- The Contractor shall implement safeguards that appropriately protect the integrity of PII that it receives, creates, maintains, or transmits in any capacity.
- The Contractor shall limit any use of PII to entities with which it has a formal agreement. The Contractor is solely responsible to any breach of any entity with which the Contractor has allowed use of PII.
- Upon conclusion of any Agreement resulting from award of this solicitation and at no cost to the County, the Contractor shall return any PII necessary for continuance of provision of services or, if the PII is not deemed necessary at the sole discretion of the County, the Contractor shall be responsible for its destruction. In the event of destruction, the Contractor shall provide Certificate of Destruction.
- The Contractor shall immediately notify the County of any use or leak of PII in violation of any Agreement resulting from the award of this solicitation, regardless of cause or severity. Notification shall take place as soon as possible after discovery, but not less than two (2) business days of the date of discovery. Notification shall include a list or subsection of all PII that had been compromised.
- The Contractor is solely responsible for mitigation of any damage cause by the unauthorized use or leak of PII and mitigation shall be to the satisfaction of the County and at no cost to the County.
- BUSINESS ASSOCIATES AGREEMENT (BAA) —
Any award resulting from award of this solicitation shall be subject to a Business Associates Agreement (BAA) which will be executed after award of purchase Agreement.
- AWARD NOTIFICATION —
- Award notification will be by U.S. Mail, email, phone or any combination thereof. All Contractors that have submitted a proposal will be notified of which Contractor(s) will be awarded prior to final award.
- The awarded Contractor(s) will be required to return an Insurance Certificate naming Frederick County as an additional insured, the executed Agreement* and the Maryland Registration Certificate of Good Standing.
- Individuals wishing to contest results of a solicitation may view procedures on the P&C website at www.FrederickCountyMD.gov/procurement.
*As Contractors have had an opportunity to note Exceptions to the Agreement with its proposal submission, execution of the Agreement will require minimal time. PLEASE BE SURE TO READ THE SAMPLE AGREEMENT (within Section Vendor Questionnaire) PRIOR TO SUBMISSION OF THE PROPOSAL.
- SYSTEM FOR AWARD MANAGEMENT (SAM) —
Contractors must not be presently debarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from covered transactions with the Federal Government according to the information contained on the website SAM.gov