Active SLED Opportunity · MARYLAND · WASHINGTON SUBURBAN SANITARY COMMISSION, MD
AI Summary
WSSC seeks contractors for removal and replacement of hose reels at three fleet garages in Maryland. The contract includes labor, materials, equipment, and disposal. Mandatory site visit on April 21, 2026. Proposals due May 1, 2026, via WSSC's eProcurement Portal. Minority and small business participation encouraged.
The Washington Suburban Sanitary Commission, MD (the "WSSC"), is soliciting sealed responses for Hose Reel Removal and Replacement at Fleet Garages. Responses are to be submitted via WSSC's eProcurement Portal via https://procurement.opengov.com/portal/wsscwater PRIOR TO 2:00 pm on Friday, May 1, 2026. Late responses will not be accepted.
The Fleet Services Division is seeking a qualified Contractor to provide removal and replacement of hose reels at three (3) fleet garages located in Montgomery and Prince George's Counties. The selected Contractor will supply all labor, materials, equipment, and disposal required to complete the work.
Dear Prospective Bidder or Proposer:
The Washington Suburban Sanitary Commission (WSSC, WSSC Water or Commission), through the Office of Supplier Diversity & Inclusion (“OSDI”) is dedicated to creating an inclusive purchasing environment while building sustainable relationships; expanding opportunities; and cultivating growth of small, local, and minority business enterprises, which adds value to the Commission and community we serve. In accordance with the Public Utilities Article, Annotated Code of Maryland*, the WSSC is authorized to establish both a Minority Business Enterprise (MBE) Program and a Small Local Business Enterprise (SLBE) Program. The Commission is further authorized to ensure compliance with these MBE and SLBE Programs.
The MBE and SLBE Programs facilitate fair and equal access to opportunities for those MBE/SLBE primes, subcontractors, and suppliers ready, willing, and able to compete for work on WSSC Water-funded contracts. Prime bidders and proposers are required to ensure that prospective subcontractors, vendors, and suppliers are afforded fair and equal access to opportunities for inclusion on WSSC Water-funded contracts, where applicable. WSSC Water’s commitment to the inclusion of small local business enterprises, certified minority, women, and socially disadvantaged business enterprises (MBE/WBE/DBE) in the MBE/SLBE Programs includes those firms recognized as MBE/WBE/DBE as certified by the following entities or WSSC Water-approved SLBE and SLBESDV firms:
• Maryland Department of Transportation (MDOT)
• Prince George's County Supplier Development & Diversity Division (SDDD)
• District of Columbia's Department of Small and Local Business Development (DC-DSLBD)
• Capital Region Minority Supplier Development Council (CRMSDC)
• Women's Business Enterprise Council Greater DMV (WBEC); and
• 6a. Small Local Business Enterprise (SLBE) Firms approved by WSSC Water
• 6b. Small Local Business Enterprise (SLBE) Firms – Service-Disabled Veterans (SDV) approved by WSSC Water
For the purposes of this document, a Service-Disabled Veteran Small Business (SLBE-SDV) is a firm that is certified as a Service-Disabled Veteran-owned firm and approved to participate in WSSC Water's SLBE Program as defined here within. The firm must meet the approval criteria of SLBE firms. Please read all of the information included in this Appendix. Carefully review the specific MBE/SLBE subcontracting goals or price preferences for this solicitation. If you have any questions about the information included in this section of the solicitation, please contact the Procurement Buyer noted on this solicitation.
Sincerely,
Kiyon T. Harley, Director
Office of Supplier Diversity & Inclusion
* In the Public Utilities Article, Maryland Annotated Code, regarding the MBE Program, refer to §20-201 through §20-208, and for the SLBE Program, refer to §20- 301 through §20-304
These Special Conditions identify additional contract provisions and modify, change, delete from, or add to the General Conditions – Goods & Supplies attached to and to be incorporated in the Contract as Exhibit A. Where any Article of the General Conditions is modified or deleted by these Special Conditions, the unaltered provisions of that Article, paragraph, sub-paragraph, or clause shall remain in effect.
Dear Prospective Bidder or Proposer:
The Washington Suburban Sanitary Commission (WSSC, WSSC Water or Commission), through the Office of Supplier Diversity & Inclusion (“OSDI”) is dedicated to creating an inclusive purchasing environment while building sustainable relationships; expanding opportunities; and cultivating growth of small, local, and minority business enterprises, which adds value to the Commission and community we serve. In accordance with the Public Utilities Article, Annotated Code of Maryland*, the WSSC is authorized to establish both a Minority Business Enterprise (MBE) Program and a Small Local Business Enterprise (SLBE) Program. The Commission is further authorized to ensure compliance with these MBE and SLBE Programs.
The MBE and SLBE Programs facilitate fair and equal access to opportunities for those MBE/SLBE primes, subcontractors, and suppliers ready, willing, and able to compete for work on WSSC Water-funded contracts. Prime bidders and proposers are required to ensure that prospective subcontractors, vendors, and suppliers are afforded fair and equal access to opportunities for inclusion on WSSC Water-funded contracts, where applicable. WSSC Water’s commitment to the inclusion of small local business enterprises, certified minority, women, and socially disadvantaged business enterprises (MBE/WBE/DBE) in the MBE/SLBE Programs includes those firms recognized as MBE/WBE/DBE as certified by the following entities or WSSC Water-approved SLBE and SLBESDV firms:
• Maryland Department of Transportation (MDOT)
• Prince George's County Supplier Development & Diversity Division (SDDD)
• District of Columbia's Department of Small and Local Business Development (DC-DSLBD)
• Capital Region Minority Supplier Development Council (CRMSDC)
• Women's Business Enterprise Council Greater DMV (WBEC); and
• 6a. Small Local Business Enterprise (SLBE) Firms approved by WSSC Water
• 6b. Small Local Business Enterprise (SLBE) Firms – Service-Disabled Veterans (SDV) approved by WSSC Water
For the purposes of this document, a Service-Disabled Veteran Small Business (SLBE-SDV) is a firm that is certified as a Service-Disabled Veteran-owned firm and approved to participate in WSSC Water's SLBE Program as defined here within. The firm must meet the approval criteria of SLBE firms. Please read all of the information included in this Appendix. Carefully review the specific MBE/SLBE subcontracting goals or price preferences for this solicitation. If you have any questions about the information included in this section of the solicitation, please contact the Procurement Buyer noted on this solicitation.
Sincerely,
Kiyon T. Harley, Director
Office of Supplier Diversity & Inclusion
* In the Public Utilities Article, Maryland Annotated Code, regarding the MBE Program, refer to §20-201 through §20-208, and for the SLBE Program, refer to §20- 301 through §20-304
Dear Prospective Bidder or Proposer:
The Washington Suburban Sanitary Commission (WSSC, WSSC Water or Commission), through the Office of Supplier Diversity & Inclusion (“OSDI”) is dedicated to creating an inclusive purchasing environment while building sustainable relationships; expanding opportunities; and cultivating growth of small, local, and minority business enterprises, which adds value to the Commission and community we serve. In accordance with the Public Utilities Article, Annotated Code of Maryland*, the WSSC is authorized to establish both a Minority Business Enterprise (MBE) Program and a Small Local Business Enterprise (SLBE) Program. The Commission is further authorized to ensure compliance with these MBE and SLBE Programs.
The MBE and SLBE Programs facilitate fair and equal access to opportunities for those MBE/SLBE primes, subcontractors, and suppliers ready, willing, and able to compete for work on WSSC Water-funded contracts. Prime bidders and proposers are required to ensure that prospective subcontractors, vendors, and suppliers are afforded fair and equal access to opportunities for inclusion on WSSC Water-funded contracts, where applicable. WSSC Water’s commitment to the inclusion of small local business enterprises, certified minority, women, and socially disadvantaged business enterprises (MBE/WBE/DBE) in the MBE/SLBE Programs includes those firms recognized as MBE/WBE/DBE as certified by the following entities or WSSC Water-approved SLBE and SLBESDV firms:
• Maryland Department of Transportation (MDOT)
• Prince George's County Supplier Development & Diversity Division (SDDD)
• District of Columbia's Department of Small and Local Business Development (DC-DSLBD)
• Capital Region Minority Supplier Development Council (CRMSDC)
• Women's Business Enterprise Council Greater DMV (WBEC); and
• 6a. Small Local Business Enterprise (SLBE) Firms approved by WSSC Water
• 6b. Small Local Business Enterprise (SLBE) Firms – Service-Disabled Veterans (SDV) approved by WSSC Water
For the purposes of this document, a Service-Disabled Veteran Small Business (SLBE-SDV) is a firm that is certified as a Service-Disabled Veteran-owned firm and approved to participate in WSSC Water's SLBE Program as defined here within. The firm must meet the approval criteria of SLBE firms. Please read all of the information included in this Appendix. Carefully review the specific MBE/SLBE subcontracting goals or price preferences for this solicitation. If you have any questions about the information included in this section of the solicitation, please contact the Procurement Buyer noted on this solicitation.
Sincerely,
Kiyon T. Harley, Director
Office of Supplier Diversity & Inclusion
* In the Public Utilities Article, Maryland Annotated Code, regarding the MBE Program, refer to §20-201 through §20-208, and for the SLBE Program, refer to §20- 301 through §20-304
Dear Prospective Bidder or Proposer:
The Washington Suburban Sanitary Commission (WSSC, WSSC Water or Commission), through the Office of Supplier Diversity & Inclusion (“OSDI”) is dedicated to creating an inclusive purchasing environment while building sustainable relationships; expanding opportunities; and cultivating growth of small, local, and minority business enterprises, which adds value to the Commission and community we serve. In accordance with the Public Utilities Article, Annotated Code of Maryland*, the WSSC is authorized to establish both a Minority Business Enterprise (MBE) Program and a Small Local Business Enterprise (SLBE) Program. The Commission is further authorized to ensure compliance with these MBE and SLBE Programs.
The MBE and SLBE Programs facilitate fair and equal access to opportunities for those MBE/SLBE primes, subcontractors, and suppliers ready, willing, and able to compete for work on WSSC Water-funded contracts. Prime bidders and proposers are required to ensure that prospective subcontractors, vendors, and suppliers are afforded fair and equal access to opportunities for inclusion on WSSC Water-funded contracts, where applicable. WSSC Water’s commitment to the inclusion of small local business enterprises, certified minority, women, and socially disadvantaged business enterprises (MBE/WBE/DBE) in the MBE/SLBE Programs includes those firms recognized as MBE/WBE/DBE as certified by the following entities or WSSC Water-approved SLBE and SLBESDV firms:
• Maryland Department of Transportation (MDOT)
• Prince George's County Supplier Development & Diversity Division (SDDD)
• District of Columbia's Department of Small and Local Business Development (DC-DSLBD)
• Capital Region Minority Supplier Development Council (CRMSDC)
• Women's Business Enterprise Council Greater DMV (WBEC); and
• 6a. Small Local Business Enterprise (SLBE) Firms approved by WSSC Water
• 6b. Small Local Business Enterprise (SLBE) Firms – Service-Disabled Veterans (SDV) approved by WSSC Water
For the purposes of this document, a Service-Disabled Veteran Small Business (SLBE-SDV) is a firm that is certified as a Service-Disabled Veteran-owned firm and approved to participate in WSSC Water's SLBE Program as defined here within. The firm must meet the approval criteria of SLBE firms. Please read all of the information included in this Appendix. Carefully review the specific MBE/SLBE subcontracting goals or price preferences for this solicitation. If you have any questions about the information included in this section of the solicitation, please contact the Procurement Buyer noted on this solicitation.
Sincerely,
Kiyon T. Harley, Director
Office of Supplier Diversity & Inclusion
* In the Public Utilities Article, Maryland Annotated Code, regarding the MBE Program, refer to §20-201 through §20-208, and for the SLBE Program, refer to §20- 301 through §20-304
The contractor shall:
The Commission's Procurement Regulations, WSSC Code of Regulations, Title 6, Chapter 6.15, are incorporated into this Solicitation and made a part of this Solicitation by reference. The Procurement Regulations can be viewed online at https://wssc.district.codes/Code/6.15.
Each Bidder must furnish with his Bid, a Bid Guarantee in an amount not less than 5 percent of the amount of his/her Bid when indicated above.
The Bid Guarantee shall be in the form of a firm commitment, such as a postal money order, certified check or cashier's check, or bid bond. Bid Bonds shall be executed on the Commission Standard Bid Bond Form, included herein, by the Contractor and a corporate bonding company licensed to transact such business in the State of Maryland and indicated as such on the "Maryland Insurance Administration" companies currently licensed to conduct business in Maryland.
The Commission may hold as many of the Bid Guarantees as it may deem advisable until the execution and delivery of the Contract and Contract Bonds, whereupon all Bid Guarantees will be returned. All other Bid Guarantees will be returned within seven days after Bid opening.
The Contractor shall be required to maintain insurance for the term of this Contract as specified in the "Insurance Requirements" Section herein. The Certificate of Insurance and Endorsements shall be submitted to the Contract Administrator within 10 days after receipt of the Notice of Award. All insurance required by this Appendix B must be maintained during the entire term of the contract, including any renewal or extension terms, until all work has been completed. Also, certain coverages must be continued following completion of the work as shown in the section B.
The Contractor shall instruct an insurance broker or agent to provide the Washington Suburban Sanitary Commissiona certificate of insurance and endorsements, i.e. additional insured, waiver of subrogation, attesting to the issuance of insurance policies affording coverage as required and listed in B below. Please note that such certificate of insurance and endorsements along with any required bonds must be issued and then approved by the Washington Suburban Sanitary Commission prior to the issuance ofa Notice to Proceed by the Contract Administrator. The following requirements apply to all work under the contract. To the extent permitted by applicable law, the Washington Suburban Sanitary Commission reserves the right to adjust or waive any insurance or bonding requirements contained in this Appendix B and applicable to the contract.
The Contractor shall not allow any subcontractor to start work on any subcontract until all insurance required of the subcontractor has been obtained and approved by the Contractor. The Contractor shall require all subcontractors to maintain workers compensation and employers liability, business auto liability, commercial general liability and any other applicable coverage in the same manner as specified for the Contractor.
The Washington Suburban Sanitary Commission, MD (the "WSSC"), is soliciting sealed responses for Hose Reel Removal and Replacement at Fleet Garages. Responses are to be submitted via WSSC's eProcurement Portal via https://procurement.opengov.com/portal/wsscwater PRIOR TO 2:00 pm on Friday, May 1, 2026. Late responses will not be accepted.
The Fleet Services Division is seeking a qualified Contractor to provide removal and replacement of hose reels at three (3) fleet garages located in Montgomery and Prince George's Counties. The selected Contractor will supply all labor, materials, equipment, and disposal required to complete the work.
Responsiveness: Provide all forms required in Appendix A, Appendix B, and Appendix C in addition to the Bid Schedule and Minimum Qualifications for responsiveness to the bid solicitation.
The Contract Documents include WSSC's Procurement Regulations (WSSC Code of Regulations, Title 6, Chapter 6.15), the Solicitation, Invitation for Bids, Bonds, Notice of Award, Notice to Proceed, Change Orders, Drawings, Certificate of Substantial Completion, Specifications, these General Conditions, Special Conditions, Standard Details, Amendments, Addenda, Contract Execution Page, and Federal Contract Provisions when required.
In accordance with §20-204 thru §20-206 of the Public Utilities Article, Maryland Annotated Code, WSSC shall establish:
All Proposals will be evaluated in accordance with WSSC Procurement Regulation §4-203, Competitive Sealed Proposals. Accordingly, Offerors must note that a number of factors will be considered by WSSC in making an award. Price will not be the sole determining criterion.
In accordance with §20-204 thru §20-206 of the Public Utilities Article, Maryland Annotated Code, WSSC shall establish:
In accordance with §20-204 thru §20-206 of the Public Utilities Article, Maryland Annotated Code, WSSC shall establish:
The Contractor shall provide and keep in full force the insurance noted in the coverage section as minimum liability limits and mandatory coverage during the term of this Contract.
In accordance with §20-204 thru §20-206 of the Public Utilities Article, Maryland Annotated Code, WSSC shall establish:
| Release Project Date: | April 7, 2026 |
| Mandatory Site-Visit (Mandatory): | April 21, 2026, 9:00am Please refer to the attached Agenda for the Site-Visit Instructions. |
| Question Submission Deadline: | April 24, 2026, 5:00pm |
| Response Submission Deadline: | May 1, 2026, 2:00pm |
The General Conditions – Goods & Supplies are modified as follows:
ARTICLE 5.2. ECONOMIC PRICE ADJUSTMENT
DELETE in its entirety.
Whenever the following words occur in these Instructions to Bidders/Offerors, they shall have the following meanings.
Provide Performance, Labor and Material Payment and Maintenance Bonds as part of the contract execution as stated in Article 1.H herein.
The Contractor shall provide the Performance Bond and Labor and Material Payment Bond on Commission standard forms available at the Commission offices in accordance with requirements set forth in the General Conditions, for: 100 percent of the Contract, as indicated below.
The Commission, its agents and employees shall be included as additional insured(s) in the Commercial General Liability insurance policy. Coverage for the Commission its agents and employees shall apply for defense of claims and damages for injury to persons, including bodily injury, death or any form of personal or advertising injury, or property damage arising out of or resulting from the performance of the work or product, whether caused or alleged to be caused in whole or in part by any negligent act or omission of the Contractor, or any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them or the Commission or its agents or employees may be liable. See below for acceptable forms. The multiple forms combination shown below, or their equivalent, shall be provided by Contractors performing work for the Commission that would be considered your work as defined in ISO form CG 0001. Other contractors or vendors shall provide additional insured status per form CG 2010 or its equivalent. The additional insured endorsement(s) must be attached to the certificate of insurance in order to effectuate additional insured status in accordance with the Washington Suburban Sanitary Commission contractual requirements. This endorsement requirement does not apply so long as the contractor and broker/agent warrant that there isa blanket additional insured provision included in the insurance policy.
Special Note: The following combinations of ISO forms, or their equivalent, shall be acceptable:
In accordance with §20-302 thru §20-304 of Public Utilities Article, Maryland Annotated Code, WSSC may establish:
For Contracts where the Contractor receives notice from Washington Suburban Sanitary Commission, indicating that the work as required under the captioned Washington Suburban Sanitary Commission contract has been substantially completed by the Contractor, the Contractor will issue a Maintenance Bond for the guarantee period(s) equal to the amount of 100 percent of the performance bond for a period of 1 year(s) from the date of substantial completion. Such bond will indicate the Washington Suburban Sanitary Commission as the Obligee and the Contractor as the Principal.
Bidders/Offerors are required to register in WSSC's Supplier Portal System in accordance with WSSC Code of Regulations, Title 6, Chapter 6.25, at the time of bid opening or proposal submission due dates. Failure to have an active supplier profile prior to this time may render the bid or proposal non-responsive. Information regarding the Supplier Portal System can be found online at https://wssc.district.codes/Code/6.25 and www.wsscwater.com.
The following provisions are incorporated as additional terms and conditions of the Contract:
The parties are aware of the Covid – 19 pandemic and the impact it has, will, or may have on the schedule and performance of the work and have taken any such delays, disruptions, interference, or other impacts into consideration in establishing the schedule, pricing, and other terms and conditions of the Agreement. The parties agree that, notwithstanding any provisions to the contrary, the Covid – 19 pandemic and its effects are therefore expressly excluded from the Force Majeure clause of the General Conditions and cannot serve as a basis for a claim for additional time, compensation, or other equitable or legal adjustment or amendment to the contract. The Force Majeure clause of the General Conditions is amended to delete any reference to “epidemics” and to any laws, regulations, ordinances, orders, or other mandates of any government, governmental agency, or court relating thereto.
In accordance with §20-302 thru §20-304 of Public Utilities Article, Maryland Annotated Code, WSSC may establish:
In accordance with §20-302 thru §20-304 of Public Utilities Article, Maryland Annotated Code, WSSC may establish:
In accordance with §20-302 thru §20-304 of Public Utilities Article, Maryland Annotated Code, WSSC may establish:
Click the link below to access WSSC Code of Regulations Chapter 6.30 and Chapter 6.35 or cut and paste the link in your web browser:
SPECIAL NOTE: If any of the information contained within this section conflicts with the MBE or SLBE Program Regulations (WSSC Code of Regulations Chapter 6.30 or Chapter 6.35), the Program Regulations will take precedence.
Click the link below to access WSSC Code of Regulations Chapter 6.30 and Chapter 6.35 or cut and paste the link in your web browser:
SPECIAL NOTE: If any of the information contained within this section conflicts with the MBE or SLBE Program Regulations (WSSC Code of Regulations Chapter 6.30 or Chapter 6.35), the Program Regulations will take precedence.
For Contracts where the Contractor receives notice from Washington Suburban Sanitary Commission, indicating that the work as required under the captioned Washington Suburban Sanitary Commission contract has been substantially completed by the Contractor, the Contractor will issue a Maintenance Bond for the guarantee period(s) equal to the amount of 100 percent of the performance bond for a period of 2 year(s) from the date of substantial completion. Such bond will indicate the Washington Suburban Sanitary Commission as the Obligee and the Contractor as the Principal.
Click the link below to access WSSC Code of Regulations Chapter 6.30 and Chapter 6.35 or cut and paste the link in your web browser:
SPECIAL NOTE: If any of the information contained within this section conflicts with the MBE or SLBE Program Regulations (WSSC Code of Regulations Chapter 6.30 or Chapter 6.35), the Program Regulations will take precedence.
Technical Specifications – Balcrank Brand
Any prospective Bidder/Offeror must carefully examine the Solicitation. If a prospective Bidder/Offeror is unclear as to the meaning or intent of any of the Contract Documents included in the Solicitation, the prospective Bidder/Offeror shall request a clarification from the Procurement Office before its bid/proposal is submitted.
All questions pertaining to the Solicitation or Contract Documents shall only be submitted by a Bidder/Offeror to the Procurement Officer identified in the Solicitation via the Online Discussion feature in the Supplier Portal. Questions submitted via email shall not be answered. Replies, where warranted, will be by addenda issued electronically to all parties who have downloaded the Solicitation. Questions received less than ten (10) days prior to the date for opening of bids or due date for receipt of proposals may not be answered. Only questions answered by formal written addenda will be binding. Questions received after this deadline may be addressed at the discretion of the Commission. Oral and other interpretations or clarifications will be without legal effect. Any information given to a prospective Bidder/Offeror by the Commission will be furnished to all prospective Bidders/Offerors via Online Discussion in the Supplier Portal.
Any information given to a prospective Bidder/Offeror by the Commission will be furnished to all prospective Bidders/Offerors.
The Workers Compensation and Business Auto policy must each provide for a waiver of subrogation in favor of the Commission, its agents and employees. The waiver of subrogation endorsement must be attached to the certificate of insurance in order to effectuate waiver of subrogation in accordance with the Washington Suburban Sanitary Commission contractual requirements. This endorsement requirement does not apply so long as the contractor and broker/agent warrant that there isa blanket waiver of subrogation included in the insurance policy provisions.
The Technical Proposal must demonstrate the Minimum Qualifications of the Solicitation.
The Technical Proposal shall be no more than 50 single-sided pages in length (exclusive of the documentation required in Tabs 4, 5 and 6 below) including Project Manager’s resume, exhibits, appendices, attachments, required documentation and forms required to be submitted with the Proposal. Electronic copies shall be bookmarked to enable easy
navigation of the pdf documents.
The Technical Proposal must clearly demonstrate the minimum qualifications. Proposals shall be page numbered, tabbed into the specified sections. The evaluation will be based on the following criteria:
TAB 1: Firm Experience
This factor evaluates the firm’s experience with projects of similar size and complexity.
1. Provide references from three (3) of the Offeror’s customers for the past five (5) years for services that are similar in scope, size, and complexity to the services described in
this RFP and provide the following information:
2. Provide a detailed narrative of Offerors, functioning as the Prime Contractor, organization. The narrative must include the following:
3. For any subcontractor service providers included in the response, Offeror must provide a description of the role and level of involvement proposed for the subcontractor, as
well as the subcontractor’s prior experience and other qualifications to provide specified services.
4. Explain any issues offeror has encountered on similar projects and how these issues were solved.
TAB 2: Staffing and Resources
This factor evaluates the Offerors recruitment process.
1. Explain Offeror’s recruitment process. Describe how Offeror finds talent, determines the talent’s fit for a position, retains talent, and any other details about the recruitment
process.
2. Explain how Offeror sources applicants for a Contract position.
3. Explain how Offeror verifies the candidate for placement has the skills to be a successful fit.
4. Describe the process of measuring if the placement was successful.
5. If Offeror plans to use subcontractors, explain Offeror’s subcontractor recruitment process. Describe how Offeror finds subcontractors with appropriate talent, determines the talent’s fit for a position, retains talent, and any other details about the recruitment process.
6. Explain Offeror’s process of managing subcontractors.
7. Explain how performance issues are handled with staff resources supplied by Offeror.
8. Does Offeror have a professional development program for its Contractors? If “yes”, describe the program.
TAB 3: Technical/Project Approach
This factor evaluates the Offeror’s means and methods of executing and/or performing service.
1. Explain interaction process between Offeror and WSSC during the time Services are performed.
2. When the Offeror fills a position, what effort is made to ensure the same Contractor is retained until the product is delivered and the position ends?
3. How many days’ notices does Offeror typically give a client before a Contractor is pulled from a contract?
4. What is the Offeror’s plan for when a placed resource leaves the Offeror’s company prior to the completion of the assignment?
5. Explain if Offeror provides a Contract-to-Perm option. If “yes”, describe.
6. Describe technical and organizational security measures implemented by Contractor.
TAB 4: Appendix C forms (please refer to the vendor questionnaire).
The following forms are located in Appendix C.
TAB 5: OSDI Participation (please refer to the vendor questionnaire).
Provide all forms required in Appendix A of the Solicitation.
1. OSDI Subcontracting and Supplier Certification for Professional Services, Goods and Services and Construction. Ensure that each subcontracting participation certificate
includes a percentage of work to be completed by the subcontractor.
2. Non-Discrimination Declaration.
3. Good Faith Efforts Affidavit.
Click the link below to access WSSC Code of Regulations Chapter 6.30 and Chapter 6.35 or cut and paste the link in your web browser:
SPECIAL NOTE: If any of the information contained within this section conflicts with the MBE or SLBE Program Regulations (WSSC Code of Regulations Chapter 6.30 or Chapter 6.35), the Program Regulations will take precedence.
Price proposal will be evaluated for best value
This Solicitation is an Optimization of Diverse Business Development Program opportunity in accordance with WSSC Code of Regulations Chapter 6.30 and Chapter 6.35 indicated below:
TBD
This Optimization of Diverse Business Development Program opportunity applies certified-MBE classifications and/or WSSC Water-Approved SLBE indicated below:
• African American
• Asian American
• Female/Women-Owned
• Hispanic American
• Native American
• WSSC Water-Approved SLBE
• WSSC Water-Approved SLBE-SDV
WSSC encourages the utilization of local MBE/WBE/DBE or SLBE firms.
The Office of Supplier Diversity & Inclusion (“OSDI”) will validate the status of all certified-MBEs or self-identified as WSSC Approved SLBEs Bidders/Proposers and/or as indicated on the submitted Subcontracting/Subconsultant and Supplier Certification Form(s).
If you choose to submit a subcontract participation plan that is accepted by the Commission, the plan will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy. The MBE or SLBE subcontracting requirement will be measured against the total contract value (inclusive of Amendments and Change Orders) over the life of the Eligible Contract/Project.
MBE and SLBE Prime Preferences
Any certified minority-owned firm or WSSC-approved SLBE firm awarded a Commission (“WSSC”) contract as a prime contractor (proposer or bidder) shall not subcontract 40% or more of the contract value to non-SLBE or non-MBE firm(s). This applies to pre- and post-award solicitations and/or contracts. It is the intent of the MBE and SLBE Programs to ensure that certified MBE and WSSC-Approved SLBE firms are the recipients of at least 60% of the contract value. This provision only applies to solicitations and contracts that are advertised with a price preference, evaluation point preference, small contract rotation, and optimization of diverse business development program requirements. For example, if a solicitation is advertised in the Optimization of Diverse Business Development Program, the SLBE/MBE bidder (or proposer) would have to ensure that MBE or SLBE firms retain 60% of the potential contract value. The 60% contract value is the sum of both the SLBE/MBE Prime Bidder (proposer) and the
SLBE/MBE subcontractors. (Please note this does not apply to supply contracts, licensing agreements, and distributorship agreements.)
In order to receive plans and drawings related to the Solicitation, a prospective Bidder's/Offeror's representative must first be approved through a security background investigation. The Bidder's/Offeror's representative can obtain an application for a security clearance by contacting WSSC''s Procurement Office by phone, (301) 206-8288. Requests for plans and drawings can only be fulfilled for representatives having successfully completed the security investigation. Multiple representatives may gain security clearance to request plans and drawings.
Additionally, plans and drawings may be accessed through E-Builder® ASP software. A user name and password is issued by the Procurement Officer upon request. To obtain a user name and password for access, a Bidder's/Offeror's representative must first obtain a security clearance.
This Solicitation is an Optimization of Diverse Business Development Program opportunity in accordance with WSSC Code of Regulations Chapter 6.30 and Chapter 6.35 indicated below:
MBE/SLBE Optimization of Diverse Business Development Program
This Optimization of Diverse Business Development Program opportunity applies certified-MBE classifications and/or WSSC Water-Approved SLBE indicated below:
• African American
• Asian American
• Female/Women-Owned
• Hispanic American
• Native American
• WSSC Water-Approved SLBE
• WSSC Water-Approved SLBE-SDV
WSSC encourages the utilization of local MBE/WBE/DBE or SLBE firms.
The Office of Supplier Diversity & Inclusion (“OSDI”) will validate the status of all certified-MBEs or self-identified as WSSC Approved SLBEs Bidders/Proposers and/or as indicated on the submitted Subcontracting/Subconsultant and Supplier Certification Form(s).
If you choose to submit a subcontract participation plan that is accepted by the Commission, the plan will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy. The MBE or SLBE subcontracting requirement will be measured against the total contract value (inclusive of Amendments and Change Orders) over the life of the
Eligible Contract/Project.
MBE and SLBE Prime Preferences
Any certified minority-owned firm or WSSC-approved SLBE firm awarded a Commission (“WSSC”) contract as a prime contractor (proposer or bidder) shall not subcontract 40% or more of the contract value to non-SLBE or non-MBE firm(s). This applies to pre- and post-award solicitations and/or contracts. It is the intent of the MBE and SLBE Programs to ensure that certified MBE and WSSC-Approved SLBE firms are the recipients of at least 60% of the contract value. This provision only applies to solicitations and contracts that are advertised with a price preference, evaluation point preference, small contract rotation, and optimization of diverse business development program requirements. For example, if a solicitation is advertised in the Optimization of Diverse Business Development Program, the SLBE/MBE bidder (or proposer) would have to ensure that MBE or SLBE firms retain 60% of the potential contract value. The 60% contract value is the sum of both the SLBE/MBE Prime Bidder (proposer) and the SLBE/MBE subcontractors. (Please note this does not apply to supply contracts, licensing agreements, and distributorship agreements.)
The premium to be expended for all of the above-referenced policies of insurance and bonds shall be paid by the Contractor. Payment of any deductibles or self-insured retentions applying under any policies shall be the responsibility of the Contractor. The policies of insurance, certificates of insurance and the insurance company or insurance companies issuing such bonds or policies of insurance must be acceptable to the Commission. All companies providing such coverage, for all contracts, regardless of size, must be allowed to conduct and transact insurance business in the State of Maryland.
This Solicitation is an Optimization of Diverse Business Development Program opportunity in accordance with WSSC Code of Regulations Chapter 6.30 and Chapter 6.35 indicated below:
MBE/SLBE Optimization of Diverse Business Development Program
This Optimization of Diverse Business Development Program opportunity applies certified-MBE classifications and/or WSSC Water-Approved SLBE indicated below:
• African American
• Asian American
• Female/Women-Owned
• Hispanic American
• Native American
• WSSC Water-Approved SLBE
• WSSC Water-Approved SLBE-SDV
WSSC encourages the utilization of local MBE/WBE/DBE or SLBE firms.
The Office of Supplier Diversity & Inclusion (“OSDI”) will validate the status of all certified-MBEs or self-identified as WSSC Approved SLBEs Bidders/Proposers and/or as indicated on the submitted Subcontracting/Subconsultant and Supplier Certification Form(s).
If you choose to submit a subcontract participation plan that is accepted by the Commission, the plan will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy. The MBE or SLBE subcontracting requirement will be measured against the total contract value (inclusive of Amendments and Change Orders) over the life of the Eligible Contract/Project.
MBE and SLBE Prime Preferences
Any certified minority-owned firm or WSSC-approved SLBE firm awarded a Commission (“WSSC”) contract as a prime contractor (proposer or bidder) shall not subcontract 40% or more of the contract value to non-SLBE or non-MBE firm(s). This applies to pre- and post-award solicitations and/or contracts. It is the intent of the MBE and SLBE Programs to ensure that certified MBE and WSSC-Approved SLBE firms are the recipients of at least 60% of the contract value. This provision only applies to solicitations and contracts that are advertised with a price preference, evaluation point preference, small contract rotation, and optimization of diverse business development program requirements. For example, if a solicitation is advertised in the Optimization of Diverse Business Development Program, the SLBE/MBE bidder (or proposer) would have to ensure that MBE or SLBE firms retain 60% of the potential contract value. The 60% contract value is the sum of both the SLBE/MBE Prime Bidder (proposer) and the
SLBE/MBE subcontractors. (Please note this does not apply to supply contracts, licensing agreements, and distributorship agreements.)
This Solicitation is an Optimization of the Diverse Business Development Program opportunity in accordance with WSSC Code of Regulations Chapter 6.30 and Chapter 6.35, as indicated below:
MBE/SLBE Optimization of Diverse Business Development Program
This Optimization of Diverse Business Development Program opportunity applies certified-MBE classifications and/or WSSC Water-Approved SLBE indicated below:
• African American
• Asian American
• Female/Women-Owned
• Hispanic American
• Native American
• WSSC Water-Approved SLBE
• WSSC Water-Approved SLBE-SDV
WSSC encourages the utilization of local MBE/WBE/DBE or SLBE firms.
The Office of Supplier Diversity & Inclusion (“OSDI”) will validate the status of all certified-MBEs or self-identified as WSSC Approved SLBEs Bidders/Proposers and/or as indicated on the submitted Subcontracting/Subconsultant and Supplier Certification Form(s).
If you choose to submit a subcontract participation plan that is accepted by the Commission, the plan will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy. The MBE or SLBE subcontracting requirement will be measured against the total contract value (inclusive of Amendments and Change Orders) over the life of the
Eligible Contract/Project.
MBE and SLBE Prime Preferences
Any certified minority-owned firm or WSSC-approved SLBE firm awarded a Commission (“WSSC”) contract as a prime contractor (proposer or bidder) shall not subcontract 40% or more of the contract value to non-SLBE or non-MBE firm(s). This applies to pre- and post-award solicitations and/or contracts. It is the intent of the MBE and SLBE Programs to ensure that certified MBE and WSSC-Approved SLBE firms are the recipients of at least 60% of the contract value. This provision only applies to solicitations and contracts that are advertised with a price preference, evaluation point preference, small contract rotation, and optimization of diverse business development program requirements. For example, if a solicitation is advertised in the Optimization of Diverse Business Development Program, the SLBE/MBE bidder (or proposer) would have to ensure that MBE or SLBE firms retain 60% of the potential contract value. The 60% contract value is the sum of both the SLBE/MBE Prime Bidder (proposer) and the SLBE/MBE subcontractors. (Please note this does not apply to supply contracts, licensing agreements, and distributorship agreements.)
A Bidder shall assume full responsibility for timely submission and only one bid may be submitted. Bid submittals shall contain an Electronic Copy of Original Bid documents. Electronic Copy Bid Submittal shall be submitted via the Portal at https://procurement.opengov.com/portal/wsscwater.
Bids shall be submitted on the forms provided and must be signed by an authorized representative of the bidder. Bids submitted in any form other than as specified herein will be deemed non-responsive and will not be considered for award.
Bids shall be concise, yet sufficiently comprehensive to set forth the bidders understanding of the required services. Bids must be organized to the structure described in these Additional Instructions.
Any bid received after the exact time for receipt will be deemed non-responsive. The bid will not be considered for award. However, an exception may be made when a late bid would have been timely but for the action or inaction of the Commission.
One year contract with no option terms.
Bidders must attend the in-person site visit at all the WSSC's fleet garage locations, and must sign the official attendance log. Only Bidders recorded as present will be deemed responsive and eligible to submit a bid. Failure to attend the site visit or not signing the attendance log will result in disqualification from further consideration.
All certificates of insurance and applicable endorsements must be issued indicating a specific Contract number or to all work contract numbers performed by the Contractor for the Washington Suburban Sanitary Commission.
Price proposal will be evaluated for best value
If any liability insurance purchased by the Contractor has been issued on a "claims made" basis, the Contractor must comply with the following additional conditions. The limits of liability and the extensions as described in section 1 B, remain the same. The Contractor must either:
i. Agree to provide certificates of insurance evidencing the above coverages for a period of three years after final payment for the contract. Such certificates shall evidence a retroactive date, no later than the beginning of the Contractors or subcontractors' work under this contract, or
ii. Purchase an extended (minimum three years) reporting period endorsement for the policy or policies in force during the term of this contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.
A minimum of thirty days written notification must be given by an insurer of any alteration, material change or cancellation or non-renewal of any insurance required under this Contract. Such required notification must be sent via Registered or Certified Mail to the address indicated below:
Washington Suburban Sanitary Commission
Procurement Office, 8th Floor
14501 Sweitzer Lane
Laurel, Maryland 20707-5902.
Each Bidder/Offeror shall acknowledge receipt of any amendment to the Solicitation in accordance with the instructions stated in the amendment or otherwise stated in the Solicitation. If a Bidder/Offeror fails to acknowledge the amendment prior to the deadline for submitting a bid or proposal, the bid or proposal may be deemed nonresponsive.
In the amount of 100% of the Contract Value.
MBE Bid Price Preference: 5%
SLBE Bid Price Preference: 5%
This Price Preference only applies to the certified MBE or WSSC-Approved SLBE classification(s) indicated below:
The Office of Supplier Diversity & Inclusion (“OSDI”) will validate the status of all certified MBE bidders/proposers.
If you choose to submit a subcontract participation plan that is accepted by the Commission, the plan will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy. The MBE or SLBE subcontracting goal will be measured against the total contract value (inclusive of Amendments and Change Orders) over the life of the contract.
The Bid Price Preference is intended to be applied at the time bids are received and opened.
For example only. Bid Price Preference percentage may vary:
Firm A – A majority firm is the apparent lowest bidder. Firm A is not a certified MBE firm in the Commission’s MBE Program.
Firm B – A certified MBE firm in the Commission’s MBE Program is the next lowest bidder.
If Firm B’s bid price is $1 million or less, the Commission may consider applying the Bid Price Preference and awarding the contract to the qualifying MBE firm.
Special Note: If the apparent lowest bidder is a certified MBE firm, but not one of the certified MBE firms specified in the Solicitation, they will be treated as a majority firm.
MBE and SLBE Prime Preferences
Any certified minority-owned firm or WSSC Water-Approved SLBE firm awarded a Commission (“WSSC”) contract as a prime contractor (proposer or bidder) shall not subcontract 40% or more of the contract value to non-SLBE or non- MBE firm(s). This applies to pre- and post-award solicitations and/or contracts. It is the intent of the MBE and SLBE Programs to ensure that certified MBE and WSSC Water-Approved SLBE firms are the recipients of at least 60% of the contract value. This provision only applies to solicitations and contracts that are advertised with a price preference, evaluation point preference, small contract rotation, and optimization of diverse business development program requirement(s). For example, if a solicitation is advertised in the Optimization of Diverse Business Development Program, the SLBE/MBE bidder (or proposer) would have to ensure that MBE or SLBE firms retain 60% of the potential contract value. The 60% contract value is the sum of both the SLBE/MBE Prime Bidder (proposer) and the SLBE/MBE subcontractors. (Please note this does not apply to supply contracts, licensing agreements, and distributorship agreements.)
MBE Bid Price Preference: 5%
SLBE Bid Price Preference: 5%
This Price Preference only applies to the certified MBE or WSSC-Approved SLBE classification(s) indicated below:
The Office of Supplier Diversity & Inclusion (“OSDI”) will validate the status of all certified MBE bidders/proposers.
If you choose to submit a subcontract participation plan that is accepted by the Commission, the plan will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy. The MBE or SLBE subcontracting goal will be measured against the total contract value (inclusive of Amendments and Change Orders) over the life of the contract.
The Bid Price Preference is intended to be applied at the time bids are received and opened.
For example only. Bid Price Preference percentage may vary:
Firm A – A majority firm is the apparent lowest bidder. Firm A is not a certified MBE firm in the Commission’s MBE Program.
Firm B – A certified MBE firm in the Commission’s MBE Program is the next lowest bidder.
If Firm B’s bid price is $1 million or less, the Commission may consider applying the Bid Price Preference and awarding the contract to the qualifying MBE firm.
Special Note: If the apparent lowest bidder is a certified MBE firm, but not one of the certified MBE firms specified in the Solicitation, they will be treated as a majority firm.
MBE and SLBE Prime Preferences
Any certified minority-owned firm or WSSC Water-Approved SLBE firm awarded a Commission (“WSSC”) contract as a prime contractor (proposer or bidder) shall not subcontract 40% or more of the contract value to non-SLBE or non- MBE firm(s). This applies to pre- and post-award solicitations and/or contracts. It is the intent of the MBE and SLBE Programs to ensure that certified MBE and WSSC Water-Approved SLBE firms are the recipients of at least 60% of the contract value. This provision only applies to solicitations and contracts that are advertised with a price preference, evaluation point preference, small contract rotation, and optimization of diverse business development program requirement(s). For example, if a solicitation is advertised in the Optimization of Diverse Business Development Program, the SLBE/MBE bidder (or proposer) would have to ensure that MBE or SLBE firms retain 60% of the potential contract value. The 60% contract value is the sum of both the SLBE/MBE Prime Bidder (proposer) and the SLBE/MBE subcontractors. (Please note this does not apply to supply contracts, licensing agreements, and distributorship agreements.)
MBE Bid Price Preference: 5%
SLBE Bid Price Preference: 5%
This Price Preference only applies to the certified MBE or WSSC-Approved SLBE classification(s) indicated below:
The Office of Supplier Diversity & Inclusion (“OSDI”) will validate the status of all certified MBE bidders/proposers.
If you choose to submit a subcontract participation plan that is accepted by the Commission, the plan will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy. The MBE or SLBE subcontracting goal will be measured against the total contract value (inclusive of Amendments and Change Orders) over the life of the contract.
The Bid Price Preference is intended to be applied at the time bids are received and opened.
For example only. Bid Price Preference percentage may vary:
Firm A – A majority firm is the apparent lowest bidder. Firm A is not a certified MBE firm in the Commission’s MBE Program.
Firm B – A certified MBE firm in the Commission’s MBE Program is the next lowest bidder.
If Firm B’s bid price is $1 million or less, the Commission may consider applying the Bid Price Preference and awarding the contract to the qualifying MBE firm.
Special Note: If the apparent lowest bidder is a certified MBE firm, but not one of the certified MBE firms specified in the Solicitation, they will be treated as a majority firm.
MBE and SLBE Prime Preferences
Any certified minority-owned firm or WSSC Water-Approved SLBE firm awarded a Commission (“WSSC”) contract as a prime contractor (proposer or bidder) shall not subcontract 40% or more of the contract value to non-SLBE or non- MBE firm(s). This applies to pre- and post-award solicitations and/or contracts. It is the intent of the MBE and SLBE Programs to ensure that certified MBE and WSSC Water-Approved SLBE firms are the recipients of at least 60% of the contract value. This provision only applies to solicitations and contracts that are advertised with a price preference, evaluation point preference, small contract rotation, and optimization of diverse business development program requirement(s). For example, if a solicitation is advertised in the Optimization of Diverse Business Development Program, the SLBE/MBE bidder (or proposer) would have to ensure that MBE or SLBE firms retain 60% of the potential contract value. The 60% contract value is the sum of both the SLBE/MBE Prime Bidder (proposer) and the SLBE/MBE subcontractors. (Please note this does not apply to supply contracts, licensing agreements, and distributorship agreements.)
Contractor's failure to comply with all insurance and bonding requirements set forth in this Appendix B and applicable to the contract will not relieve the Contractor from any liability under the contract. Contractor's obligations to comply with all insurance and bonding requirements set forth in Appendix B and applicable to the contract will not be construed to conflict with or limit Contractor's indemnification obligations under the contract.
MBE Bid Price Preference: 5%
SLBE Bid Price Preference: 5%
This Price Preference only applies to the certified MBE or WSSC-Approved SLBE classification(s) indicated below:
The Office of Supplier Diversity & Inclusion (“OSDI”) will validate the status of all certified MBE bidders/proposers.
If you choose to submit a subcontract participation plan that is accepted by the Commission, the plan will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy. The MBE or SLBE subcontracting goal will be measured against the total contract value (inclusive of Amendments and Change Orders) over the life of the contract.
The Bid Price Preference is intended to be applied at the time bids are received and opened.
For example only. Bid Price Preference percentage may vary:
Firm A – A majority firm is the apparent lowest bidder. Firm A is not a certified MBE firm in the Commission’s MBE Program.
Firm B – A certified MBE firm in the Commission’s MBE Program is the next lowest bidder.
If Firm B’s bid price is $1 million or less, the Commission may consider applying the Bid Price Preference and awarding the contract to the qualifying MBE firm.
Special Note: If the apparent lowest bidder is a certified MBE firm, but not one of the certified MBE firms specified in the Solicitation, they will be treated as a majority firm.
MBE and SLBE Prime Preferences
Any certified minority-owned firm or WSSC Water-Approved SLBE firm awarded a Commission (“WSSC”) contract as a prime contractor (proposer or bidder) shall not subcontract 40% or more of the contract value to non-SLBE or non- MBE firm(s). This applies to pre- and post-award solicitations and/or contracts. It is the intent of the MBE and SLBE Programs to ensure that certified MBE and WSSC Water-Approved SLBE firms are the recipients of at least 60% of the contract value. This provision only applies to solicitations and contracts that are advertised with a price preference, evaluation point preference, small contract rotation, and optimization of diverse business development program requirement(s). For example, if a solicitation is advertised in the Optimization of Diverse Business Development Program, the SLBE/MBE bidder (or proposer) would have to ensure that MBE or SLBE firms retain 60% of the potential contract value. The 60% contract value is the sum of both the SLBE/MBE Prime Bidder (proposer) and the SLBE/MBE subcontractors. (Please note this does not apply to supply contracts, licensing agreements, and distributorship agreements.)
Prior to the time and date set for bid opening, a Bidder may withdraw a bid or proposal by "Unsubmitting" their response in the eProcurement Portal. Bids or proposals may only be withdrawn prior to the time and date set for bid opening.
No Bidder may withdraw a bid within 120 days after the actual date of the opening of the bids. Negligence on the part of the Bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. Should there be reasons why a contract cannot be awarded within the specific period, the time may be extended by mutual agreement between the Commission and the Bidder.
In the amount of 100% of the Contract Value.
This Solicitation contains the following Subcontracting Goal (as a percentage of the total Contract value, inclusive of Amendments, Change Orders, etc.):
MBE/SLBE Goal: X%
The subcontracting goal may be satisfied by the certified MBE classifications or WSSC Water-Approved SLBE
firms at the levels indicated below:
| Contracting Area | African American | Asian American | Hispanic American | Native American | Women-Owned | WSSC Water-Approved SLBE |
| Goods & Services | PARTIAL 15% | PARTIAL 6% | PARTIAL 5% | PARTIAL 1% | FULL | FULL |
Please note that ALL Bidders/Proposers regardless of MBE/WBE/DBE or SLBE/SLBE-SDV status(es) are required to address the subcontracting goal indicated above.
The OSDI will validate the status of all certified MBEs or WSSC Water-Approved SLBEs as indicated on the submitted Subcontracting and Supplier Certification Form(s).
A subcontract participation plan that is accepted by the Commission will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy.
Full/Partial Waiver Requests: No Bidder or Proposer shall be awarded a contract unless the OSDI determines that the Bidder or Proposer has satisfied WSSC Water's Good Faith Efforts requirements contained in the solicitation document. For more information regarding Good Faith Efforts, review the information here: Good Faith Effort Guide.
In the amount of 100% of the Contract Value.
i. Minor Informalities. Minor informalities are matters of form rather than substance evident from the bid document, or insignificant mistakes that can be waived or corrected without prejudice to other bidders; that is, the effect on price, quantity, quality, delivery, worker and/or public safety or contractual conditions is negligible. The Procurement Officer may waive such informalities or allow the bidder to correct them depending on what is in the best interests of WSSC.
ii. Mistakes Where Intended Correct Bid Is Evident. If the mistake and the intended correct bid are clearly evident on the face of the bid document, the bid shall be corrected to the intended correct bid and may not be withdrawn.
iii. Mistakes Where Intended Correct Bid Is Not Evident. A bidder may be permitted to withdraw a low bid if:
1. A mistake is clearly evident on the face of the bid document, but the intended correction is not similarly evident; or
2. The bidder submits objective proof which clearly and convincingly demonstrates that a mistake was made.
There is NO MBE/SLBE Subcontracting Goal for this solicitation, you are not required to subcontract any part of this work to an MBE/SLBE firm. However, should you decide to utilize subcontractors, you must report and may choose from the following certified MBE classifications or WSSC Water-Approved SLBE firms indicated below:
• African American
• Asian American
• Female/Women-Owned
• Hispanic American
• Native American
• WSSC Water-Approved SLBE
• WSSC Water-Approved SLBE-SDV
The OSDI will validate the status of all certified MBE or WSSC Water-Approved SLBE firms as indicated on the submitted Subcontracting and Supplier Certification Form(s).
If you choose to submit a subcontract participation plan that is accepted by the Commission, the plan will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy.
The MBE or SLBE subcontracting goal will be measured against the total contract value (inclusive of Amendments and Change Orders) over the life of the contract.
An Offeror may withdraw a proposal by "Unsubmitting" their response in the eProcurement Portal. The established due date for the written notice is either the time and date stated in the Solicitation for receipt of proposals or receipt of modifications to proposals, if any; or if discussions have begun, it is the time and date by which best and final offers must be submitted.
This Solicitation contains the following Subcontracting Goal (as a percentage of the total Contract value, inclusive of Amendments, Change Orders, etc.):
MBE/SLBE Goal: X%
The subcontracting goal may be satisfied by the certified MBE classifications or WSSC Water-Approved SLBE
firms at the levels indicated below:
| Contracting Area | African American | Asian American | Hispanic American | Native American | Women-Owned | WSSC Water-Approved SLBE |
| Construction | FULL | NONE | PARTIAL 13% | PARTIAL 0.50% | PARTIAL 14% | FULL |
Please note that ALL Bidders/Proposers, regardless of MBE/WBE/DBE or SLBE/SLBE-SDV status(es), are required to address the subcontracting goal indicated above.
The OSDI will validate the status of all certified MBEs or WSSC Water-Approved SLBEs as indicated on the submitted Subcontracting and Supplier Certification Form(s).
A subcontract participation plan that is accepted by the Commission will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy.
Full/Partial Waiver Requests: No Bidder or Proposer shall be awarded a contract unless the OSDI determines that the Bidder or Proposer has satisfied WSSC Water's Good Faith Efforts requirements contained in the solicitation document. For more information regarding Good Faith Efforts, review the information here: Good Faith Effort Guide.
i. During Discussions - Prior to Best and Final Offers. Once discussions are commenced with any offeror or after best and final offers are requested, any offeror may freely correct any mistake by modifying or withdrawing the proposal until the time and date set for receipt of best and final offers.
ii. After Best and Final Offers. If discussions are not held or if the best and final offers upon which award will be made have been received, mistakes may be corrected, and the intended correct offer considered only if:
1. The mistake and the intended correct offer are clearly evident on the face of the proposal, in which event the proposal may not be withdrawn; or
2. The mistake is not clearly evident on the face of the proposal, but the offeror submits objective evidence which clearly and convincingly demonstrates both the existence of a mistake and the intended correct offer, and such correction would not be contrary to the fair and equal treatment of other offerors.
iii. Withdrawal of Proposals. If discussions are not held, or if the best and final offers upon which award will be made have been received, the offeror may be permitted to withdraw the proposal if:
1. The mistake is clearly evident on the face of the proposal and the intended correct offer is not;
2. The offeror submits objective evidence which clearly and convincingly demonstrates that a mistake was made but does not demonstrate the intended correct offer; or
3. The offeror submits objective evidence which clearly and convincingly demonstrates the intended correct offer, but to allow correction would be contrary to the fair and equal treatment of the other offerors.
The Office of Supplier Diversity & Inclusion (“OSDI”) has identified the following potential subcontracting opportunities indicated below:
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [X]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $1,000,000 single limit for bodily injury and property damage each occurrence with a $2,000,000 general aggregate that applies to project under contract, and a separate $2,000,000 aggregate for products/completed operations. $1,000,000 each offence for Item F. |
[ ]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [X]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [ ]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [X]6. Errors or Omissions Liability | $1,000,000 each claim and aggregate |
| [ ]7. Employee Dishonesty Coverage | $________ Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = ____% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = ____% of the Contract Value |
| Other Insurance Required: |
A&E DESIGN COVERAGE AND BOND REQUIREMENTS
(auto coverage may be required if working in the field)
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [X]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $1,000,000 single limit for bodily injury and property damage each occurrence with a $2,000,000 general aggregate that applies to project under contract, and a separate $2,000,000 aggregate for products/completed operations. $1,000,000 each offence for Item F. |
[X]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [X]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [X]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [ ]6. Errors or Omissions Liability | $1,000,000 each claim and aggregate |
| [ ]7. Employee Dishonesty Coverage | $________ Limit of Insurance |
| [X]8. Builder's Risk | Insurable Value = 100% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = ____% of the Contract Value |
| Other Insurance Required: |
Types of Bonds
| [X]Bid Guarantee | 5% of Bid Price |
| [X]Performance Bond | 100% of Contract Value |
| [X]Payment Bond | 100% of Contract Value |
| [X]Maintenance Bond | 100% of Contract Value |
ENVIRONMENTAL DEMOLITION COVERAGE AND BOND REQUIREMENTS
This Solicitation contains the following Subcontracting Goal (as a percentage of the total Contract value, inclusive of Amendments, Change Orders, etc.):
MBE/SLBE Goal: X%
The subcontracting goal may be satisfied by the certified MBE classifications or WSSC Water-Approved SLBE
firms at the levels indicated below:
| Contracting Area | African American | Asian American | Hispanic American | Native American | Women-Owned | WSSC Water-Approved SLBE |
| Professional Services | FULL | PARTIAL 18% | PARTIAL 7% | PARTIAL 1% | FULL | FULL |
Please note that ALL Bidders/Proposers regardless of MBE/WBE/DBE or SLBE/SLBE-SDV status(es) are required to address the subcontracting goal indicated above.
The OSDI will validate the status of all certified MBEs or WSSC Water-Approved SLBEs as indicated on the submitted Subcontracting and Supplier Certification Form(s).
A subcontract participation plan that is accepted by the Commission will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy.
Full/Partial Waiver Requests: No Bidder or Proposer shall be awarded a contract unless the OSDI determines that the Bidder or Proposer has satisfied WSSC Water's Good Faith Efforts requirements contained in the solicitation document. For more information regarding Good Faith Efforts, review the information here: Good Faith Effort Guide.
The Commission, at its discretion, may make such investigations it deems necessary to determine the ability of a Bidder/Offeror to perform the work described in the Contract Documents, and the Bidder/Offeror shall furnish to the Commission such information and data for this purpose as the Commission may request. The Commission may visit any prospective Contractor's place of business, contracts in progress, or contact persons knowledgeable of the Bidder/Offeror's background to determine its ability, capacity, reliability, financial stability, or other factors necessary to perform the work described in the Contract Documents in a manner satisfactory to the Commission.
The Commission may determine a Bidder/Offeror non-responsible if the Commission determines the Bidder/Offeror does not have the capability, integrity, or reliability to perform the work described in the Contract Documents.
The Office of Supplier Diversity & Inclusion (“OSDI”) administers both the MBE and SLBE Programs. The OSDI will review and validate information submitted by bidders or proposers pre-award and primes post-award.
To assist bidders or proposers in this effort, the OSDI has set forth in this Solicitation document, the MBE or SLBE subcontracting goal within the relevant North American Industry Classification System codes (NAICS) for this contract and identified potential subcontracting opportunities.
A subcontract participation plan, if accepted by the Commission, will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy. The MBE or SLBE subcontracting goals will be measured against the total contract value (inclusive of Amendments and Change Orders) over the life of the contract.
The Subcontracting and Supplier Certification form must include all MBE, SLBE and Non-minority subcontractors to be utilized on the contract, detail the services to be performed, the percentage of the work to be performed by each subcontractor, and the MBE certification number, if applicable.
Full or Partial Waivers: If a bidder or proposer requests a full or partial waiver, the OSDI will verify the Good Faith Effort to include and/or promote contracting opportunities with SLBEs, MBEs and WBEs to compete for business as subcontractors and/or suppliers. If requesting a full or partial waiver, a bidder or proposer is eligible for award of a WSSC Water contract upon determination by the OSDI that the bidder or proposer has utilized Good Faith Efforts to attract all businesses regardless of size, race or ethnicity.
Substitution/Replacement of MBE/SLBE Subcontractors (typically applies Post Award): No substitution/replacement for any MBE/SLBE subcontractor, vendor or supplier, previously selected by the prime shall be made without written notification to the Commission and the approval of the Commission. A prime cannot arbitrarily terminate an MBE/SLBE subcontractor and self-perform the work without requesting a waiver and written approval from the Commission. MBE/SLBE subcontractors may be replaced if they are unable or unwilling to perform the contracted work and/or other documented reasons. If it appears that the MBE/SLBE subcontracting goal cannot be achieved, the prime shall immediately notify the Commission in writing accompanied by the appropriate documentation. Good Faith Efforts used to meet at least a portion of the goal should be documented and submitted to the Commission for evaluation.
The Bidder/Offer to whom a contract is recommended for award shall submit any required bonds and insurance documents to the Procurement Office in accordance with the Procurement Office's instructions. Failure to submit the required documentation within the time period specified may be cause for deeming the bid or proposal non-responsible.
Consistent with Section 19-101 et seq. of the State Finance & Procurement Article, Maryland Annotated Code, the Commission will not enter into a contract with any business entity that has discriminated in the Solicitation, selection or treatment of subcontractors, suppliers, vendors or commercial customers on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer's employees or owners.
This Solicitation contains the following Subcontracting Goal (as a percentage of the total Contract value, inclusive of Amendments, Change Orders, etc.):
MBE/SLBE Goal: X%
The subcontracting goal may be satisfied by the certified MBE classifications or WSSC Water-Approved SLBE
firms at the levels indicated below:
| Contracting Area | African American | Asian American | Hispanic American | Native American | Women-Owned | WSSC Water-Approved SLBE |
| A&E | FULL | PARTIAL 18% | PARTIAL 7% | PARTIAL 1% | FULL | FULL |
Please note that ALL Bidders/Proposers regardless of MBE/WBE/DBE or SLBE/SLBE-SDV status(es) are required to address the subcontracting goal indicated above.
The OSDI will validate the status of all certified MBEs or WSSC Water-Approved SLBEs as indicated on the submitted Subcontracting and Supplier Certification Form(s).
A subcontract participation plan that is accepted by the Commission will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy.
Full/Partial Waiver Requests: No Bidder or Proposer shall be awarded a contract unless the OSDI determines that the Bidder or Proposer has satisfied WSSC Water's Good Faith Efforts requirements contained in the solicitation document. For more information regarding Good Faith Efforts, review the information here: Good Faith Effort Guide.
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [X]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $1,000,000 single limit for bodily injury and property damage each occurrence with a $2,000,000 general aggregate that applies to project under contract, and a separate $2,000,000 aggregate for products/completed operations. $1,000,000 each offence for Item F. |
[X]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [X]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [ ]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [ ]6. Errors or Omissions Liability | $1,000,000 each claim and aggregate |
| [ ]7. Employee Dishonesty Coverage | $________ Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = 100% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = 100% of the Contract Value |
| Other Insurance Required: |
Types of Bonds
| [X]Bid Guarantee | 5% of Bid Price |
| [X]Performance Bond | 100% of Contract Value |
| [X]Payment Bond | 100% of Contract Value |
| [X]Maintenance Bond | 100% of Contract Value |
FACILITIES - NEW & UPGRADES, DEMOLITION COVERAGE AND BOND REQUIREMENTS
There is NO MBE/SLBE Subcontracting Goal for this solicitation, you are not required to subcontract any part of this work to an MBE/SLBE firm. However, should you decide to utilize subcontractors, you must report and may choose from the following certified MBE classifications or WSSC Water-Approved SLBE firms indicated below:
• African American
• Asian American
• Female/Women-Owned
• Hispanic American
• Native American
• WSSC Water-Approved SLBE
• WSSC Water-Approved SLBE-SDV
The OSDI will validate the status of all certified MBE or WSSC Water-Approved SLBE firms as indicated on the submitted Subcontracting and Supplier Certification Form(s).
If you choose to submit a subcontract participation plan that is accepted by the Commission, the plan will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy.
The MBE or SLBE subcontracting goal will be measured against the total contract value (inclusive of Amendments and Change Orders) over the life of the contract.
No prospective bidder or proposer requesting a full or partial waiver shall be awarded a contract unless the OSDI determines that the bidder or proposer has satisfied the requirement of demonstrating a Good Faith Effort equal to or greater than a minimum of 90 out of 125 points for the evaluation criteria on the contract.
Accordingly, each bidder or proposer shall submit with the bid the following:
1. Declaration of Non-Discrimination: Each bidder or proposer shall submit with their bid/proposal a Declaration of Non-Discrimination.
2. Outreach Efforts Documentation: If requesting a full or partial waiver, each bidder or proposer shall submit with their bid a Subcontractor and Supplier Summary form, which is a contact form demonstrating the bidder’s or proposer’s outreach efforts to identify, contract with, or utilize all (i.e., MBEs, WBEs and Non-MBE/WBEs) potential subcontractors or suppliers on the contract.
3. MBE/SLBE Participation Plan (if applicable): Each bidder shall submit with their MBE/SLBE Participation Plan the name, address, telephone number and contact person of each subcontractor or supplier to be used during the contract, the NAICS Code and the type of work or service each business will perform, the percentage of the work and the scope of work, certificate number of each business, and any other information requested by the OSDI.
4. MBE Certification (if applicable): The OSDI shall verify that all entities claiming MBE status have been validly certified by either: The state certification agency designated under Section 14–303(b) of the State Finance and Procurement Article (or any successor Section thereto); or by any other certification program that the Commission determines substantially duplicates the requirements of the state certification agency, provided that, before accepting an alternate certification, the Commission examines that program to ensure compliance with the requirements of Section 20-204(c) of the Public Utilities Article (or any successor Section thereto). The following is a list of third-party certification agencies that are recognized by the Commission’s MBE Program:
Reciprocity of Minority/Women Business Enterprise Certification
The OSDI may consider for approval a firm(s) that is certified by other certifying agencies that substantially duplicates the state certification agency requirements. Expressed approval is required from the OSDI for M/WBE certification reciprocity prior to the submission of bids/proposals. If granted M/WBE certification reciprocity, a firm will be entitled to the MBE Program preferences outlined in WSSC Code of Regulations Chapter 6.30 (or successor). To learn more about M/WBE certification reciprocity please contact the OSDI by telephone at 301- 206-8800 or via email at supplierdiversity@wsscwater.com.
Determination of Good Faith Efforts
The GFE will be determined on a point system. Points are awarded for Indicators 1 through 13 when required and completed documentation is submitted at the time the partial or full waiver is being requested (i.e., at bid or postaward).
Points are awarded for each Indicator on an “all or nothing” basis. Points are not awarded for bid documentation deemed to be partially completed. There are 13 Indicators for the GFE documentation. Indicators 1 through 13 award points when the required documentation is submitted. Failure to include the required and completed GFE documentation and failure to achieve a minimum of 90 out of 125 points may render the bid non-responsive and could result in its rejection.
Points for each Indicator:
| Indicator: Points: | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | Total |
| 5 | 5 | 5 | 10 | 5 | 10 | 10 | 15 | 15 | 15 | 10 | 10 | 10 | 125 |
Each Indicator has a different point value equal to 5, 10 or 15 and several Indicators are given credit in two or more areas. For example, acceptable documentation submitted for:
Indicator 5 Indicators 8, 9 and 10 are each worth (15) points. Without sufficient documentation for Indicator 10 (including all MBE/SLBE firms that submitted bids and a summary sheet) your firm will not be able to achieve the minimum 90 points.
| Indicator | Good Faith Efforts Criteria Summary Description |
| 1 | Evidence of ads regarding subcontracting opportunities |
| 2 | List of MBE/SLBE firms contacted |
| 3 | List of subcontracting opportunities |
| 4 | Information sent to potential subcontracting firms |
| 5 | Evidence of justifiable rejection of bid |
| 6 | Assist MBEs/SLBEs to obtain bonding and/or insurance |
| 7 | Evidence of use of WSSC Water’s Supplier Portal and the Office of Supplier Diversity & Inclusion (“OSDI”) |
| 8 | List of MBEs/SLBEs invited to bid on subcontracting work - Not available to work |
| 9 | List of MBEs/SLBEs invited to bid on subcontracting work - Did not respond to IFB |
| 10 | List of MBEs/SLBEs invited to bid on subcontracting work - Not low acceptable bid or fiscally sound |
| 11 | List of selected portions of subcontracting work |
| 12 | Evidence that MBEs/SLBEs were invited to meetings |
| 13 | Evidence of written notice of Prime’s intent to bid and invitation for potential Subcontractors for work |
For more information regarding WSSC Water’s GFE, review the information here: Good Faith Effort Guide.
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [X]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $1,000,000 single limit for bodily injury and property damage each occurrence with a $2,000,000 general aggregate that applies to project under contract, and a separate $2,000,000 aggregate for products/completed operations. $1,000,000 each offence for Item F. |
[X]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [X]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [X]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [ ]6. Errors or Omissions Liability | $1,000,000 each claim and aggregate |
| [ ]7. Employee Dishonesty Coverage | $________ Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = 100% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = 100% of the Contract Value |
| Other Insurance Required: |
Types of Bonds
| [X]Bid Guarantee | 5% of Bid Price |
| [X]Performance Bond | 100% of Contract Value |
| [X]Payment Bond | 100% of Contract Value |
| [X]Maintenance Bond | 100% of Contract Value |
| [X]Prevailing Wage Statute Bond | 100% of Contract Value |
WATER MAIN REPLACEMENT, TRANSMISSION MAIN, METER VAULT, STREET REPAIRS COVERAGE AND BOND REQUIREMENTS
There is NO MBE/SLBE Subcontracting Goal for this solicitation, you are not required to subcontract any part of this work to an MBE/SLBE firm. However, should you decide to utilize subcontractors, you must report and may choose from the following certified MBE classifications or WSSC Water-Approved SLBE firms indicated below:
• African American
• Asian American
• Female/Women-Owned
• Hispanic American
• Native American
• WSSC Water-Approved SLBE
• WSSC Water-Approved SLBE-SDV
The OSDI will validate the status of all certified MBE or WSSC Water-Approved SLBE firms as indicated on the submitted Subcontracting and Supplier Certification Form(s).
If you choose to submit a subcontract participation plan that is accepted by the Commission, the plan will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy.
The MBE or SLBE subcontracting goal will be measured against the total contract value (inclusive of Amendments and Change Orders) over the life of the contract.
There is NO MBE/SLBE Subcontracting Goal for this solicitation, you are not required to subcontract any part of this work to an MBE/SLBE firm. However, should you decide to utilize subcontractors, you must report and may choose from the following certified MBE classifications or WSSC Water-Approved SLBE firms indicated below:
• African American
• Asian American
• Female/Women-Owned
• Hispanic American
• Native American
• WSSC Water-Approved SLBE
• WSSC Water-Approved SLBE-SDV
The OSDI will validate the status of all certified MBE or WSSC Water-Approved SLBE firms as indicated on the submitted Subcontracting and Supplier Certification Form(s).
If you choose to submit a subcontract participation plan that is accepted by the Commission, the plan will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy.
The MBE or SLBE subcontracting goal will be measured against the total contract value (inclusive of Amendments and Change Orders) over the life of the contract.
Any protest concerning the Solicitation shall be decided by the Chief Procurement Officer in accordance with Procurement Regulations, WSSC Code of Regulations, Title 6, Chapter 6.15.550.
The Office of Supplier Diversity & Inclusion (“OSDI”) has identified the following potential subcontracting opportunities indicated below:
541214 Payroll Services
541512 Computer Systems Design Services
541513 Computer Facilities Management Services
541611 Administrative Management and General Management Consulting Services
561110 Office Administrative Services
561320 Temporary Staffing Services
The Office of Supplier Diversity & Inclusion (“OSDI”) has identified the following potential subcontracting opportunities indicated below:
541214 Payroll Services
541512 Computer Systems Design Services
541513 Computer Facilities Management Services
541611 Administrative Management and General Management Consulting Services
561110 Office Administrative Services
561320 Temporary Staffing Services
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [X]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $1,000,000 single limit for bodily injury and property damage each occurrence with a $2,000,000 general aggregate that applies to project under contract, and a separate $2,000,000 aggregate for products/completed operations. $1,000,000 each offence for Item F. |
[X]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [X]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [ ]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [ ]6. Errors or Omissions Liability | $1,000,000 each claim and aggregate |
| [ ]7. Employee Dishonesty Coverage | $________ Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = 100% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = 100% of the Contract Value |
| Other Insurance Required: |
Types of Bonds
| [X]Bid Guarantee | 5% of Bid Price |
| [X]Performance Bond | 100% of Contract Value |
| [X]Payment Bond | 100% of Contract Value |
| [X]Maintenance Bond | 100% of Contract Value |
TRADES: ELECTRICAL, PLUMBING, HVAC, WELDING COVERAGE AND BOND REQUIREMENTS
A Solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part when the Chief Procurement Officer deems it to be in the best interests of WSSC. Notice of such a decision must be made in writing and provided to all bidders or offerors.
The Office of Supplier Diversity & Inclusion (“OSDI”) has identified the following potential subcontracting opportunities indicated below:
541214 Payroll Services
541512 Computer Systems Design Services
541513 Computer Facilities Management Services
541611 Administrative Management and General Management Consulting Services
561110 Office Administrative Services
561320 Temporary Staffing Services
The Declaration of Non-Discrimination, GFE documentation, and MBE/SLBE Participation Plan(s), and any other information required by the OSDI in the Solicitation document must be completed by each bidder or proposer and submitted with the other required bid or proposal documentation for the bid or proposal to be considered responsive. Failure to timely submit these forms, fully completed, may result in the bid or proposal being considered as non-responsive, and therefore excluded from consideration.
Note: The OSDI will validate all Subcontracting Plans for MBE, SLBE and Non-MBE participation, and GFE submitted by the bidders or proposers.
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [X]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $1,000,000 single limit for bodily injury and property damage each occurrence with a $2,000,000 general aggregate that applies to project under contract, and a separate $2,000,000 aggregate for products/completed operations. $1,000,000 each offence for Item F. |
[X]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [X]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [ ]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [ ]6. Errors or Omissions Liability | $1,000,000 each claim and aggregate |
| [ ]7. Employee Dishonesty Coverage | $________ Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = 100% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = 100% of the Contract Value |
| Other Insurance Required: |
Types of Bonds
| [X]Bid Guarantee | 5% of Bid Price |
| [X]Performance Bond | 100% of Contract Value |
| [X]Payment Bond | 100% of Contract Value |
| [X]Maintenance Bond | 100% of Contract Value |
WATER MAIN REPLACEMENT, TRANSMISSION MAIN, METER VAULT, STREET REPAIRS COVERAGE AND BOND REQUIREMENTS
The Office of Supplier Diversity & Inclusion (“OSDI”) administers both the MBE and SLBE Programs. The OSDI will review and validate information submitted by bidders or proposers pre-award and primes post-award.
To assist bidders or proposers in this effort, the OSDI has set forth in this Solicitation document, the MBE or SLBE subcontracting goal within the relevant North American Industry Classification System codes (NAICS) for this contract and identified potential subcontracting opportunities.
A subcontract participation plan, if accepted by the Commission, will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy. The MBE or SLBE subcontracting goals will be measured against the total contract value (inclusive of Amendments and Change Orders) over the life of the contract.
The Subcontracting and Supplier Certification form must include all MBE, SLBE and Non-minority subcontractors to be utilized on the contract, detail the services to be performed, the percentage of the work to be performed by each subcontractor, and the MBE certification number, if applicable.
Full or Partial Waivers: If a bidder or proposer requests a full or partial waiver, the OSDI will verify the Good Faith Effort to include and/or promote contracting opportunities with SLBEs, MBEs and WBEs to compete for business as subcontractors and/or suppliers. If requesting a full or partial waiver, a bidder or proposer is eligible for award of a WSSC Water contract upon determination by the OSDI that the bidder or proposer has utilized Good Faith Efforts to attract all businesses regardless of size, race or ethnicity.
Substitution/Replacement of MBE/SLBE Subcontractors (typically applies Post Award): No substitution/replacement for any MBE/SLBE subcontractor, vendor or supplier, previously selected by the prime shall be made without written notification to the Commission and the approval of the Commission. A prime cannot arbitrarily terminate an MBE/SLBE subcontractor and self-perform the work without requesting a waiver and written approval from the Commission. MBE/SLBE subcontractors may be replaced if they are unable or unwilling to perform the contracted work and/or other documented reasons. If it appears that the MBE/SLBE subcontracting goal cannot be achieved, the prime shall immediately notify the Commission in writing accompanied by the appropriate documentation. Good Faith Efforts used to meet at least a portion of the goal should be documented and submitted to the Commission for evaluation.
The Office of Supplier Diversity & Inclusion (“OSDI”) administers both the MBE and SLBE Programs. The OSDI will review and validate information submitted by bidders or proposers pre-award and primes post-award.
To assist bidders or proposers in this effort, the OSDI has set forth in this Solicitation document, the MBE or SLBE subcontracting goal within the relevant North American Industry Classification System codes (NAICS) for this contract and identified potential subcontracting opportunities.
A subcontract participation plan, if accepted by the Commission, will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy. The MBE or SLBE subcontracting goals will be measured against the total contract value (inclusive of Amendments and Change Orders) over the life of the contract.
The Subcontracting and Supplier Certification form must include all MBE, SLBE and Non-minority subcontractors to be utilized on the contract, detail the services to be performed, the percentage of the work to be performed by each subcontractor, and the MBE certification number, if applicable.
Full or Partial Waivers: If a bidder or proposer requests a full or partial waiver, the OSDI will verify the Good Faith Effort to include and/or promote contracting opportunities with SLBEs, MBEs and WBEs to compete for business as subcontractors and/or suppliers. If requesting a full or partial waiver, a bidder or proposer is eligible for award of a WSSC Water contract upon determination by the OSDI that the bidder or proposer has utilized Good Faith Efforts to attract all businesses regardless of size, race or ethnicity.
Substitution/Replacement of MBE/SLBE Subcontractors (typically applies Post Award): No substitution/replacement for any MBE/SLBE subcontractor, vendor or supplier, previously selected by the prime shall be made without written notification to the Commission and the approval of the Commission. A prime cannot arbitrarily terminate an MBE/SLBE subcontractor and self-perform the work without requesting a waiver and written approval from the Commission. MBE/SLBE subcontractors may be replaced if they are unable or unwilling to perform the contracted work and/or other documented reasons. If it appears that the MBE/SLBE subcontracting goal cannot be achieved, the prime shall immediately notify the Commission in writing accompanied by the appropriate documentation. Good Faith Efforts used to meet at least a portion of the goal should be documented and submitted to the Commission for evaluation.
The Office of Supplier Diversity & Inclusion (“OSDI”) administers both the MBE and SLBE Programs. The OSDI will review and validate information submitted by bidders or proposers pre-award and primes post-award.
To assist bidders or proposers in this effort, the OSDI has set forth in this Solicitation document, the MBE or SLBE subcontracting goal within the relevant North American Industry Classification System codes (NAICS) for this contract and identified potential subcontracting opportunities.
A subcontract participation plan, if accepted by the Commission, will be incorporated into the contract requirements and will be subject to the Commission’s contract compliance policy. The MBE or SLBE subcontracting goals will be measured against the total contract value (inclusive of Amendments and Change Orders) over the life of the contract.
The Subcontracting and Supplier Certification form must include all MBE, SLBE and Non-minority subcontractors to be utilized on the contract, detail the services to be performed, the percentage of the work to be performed by each subcontractor, and the MBE certification number, if applicable.
Full or Partial Waivers: If a bidder or proposer requests a full or partial waiver, the OSDI will verify the Good Faith Effort to include and/or promote contracting opportunities with SLBEs, MBEs and WBEs to compete for business as subcontractors and/or suppliers. If requesting a full or partial waiver, a bidder or proposer is eligible for award of a WSSC Water contract upon determination by the OSDI that the bidder or proposer has utilized Good Faith Efforts to attract all businesses regardless of size, race or ethnicity.
Substitution/Replacement of MBE/SLBE Subcontractors (typically applies Post Award): No substitution/replacement for any MBE/SLBE subcontractor, vendor or supplier, previously selected by the prime shall be made without written notification to the Commission and the approval of the Commission. A prime cannot arbitrarily terminate an MBE/SLBE subcontractor and self-perform the work without requesting a waiver and written approval from the Commission. MBE/SLBE subcontractors may be replaced if they are unable or unwilling to perform the contracted work and/or other documented reasons. If it appears that the MBE/SLBE subcontracting goal cannot be achieved, the prime shall immediately notify the Commission in writing accompanied by the appropriate documentation. Good Faith Efforts used to meet at least a portion of the goal should be documented and submitted to the Commission for evaluation.
Submission of Appropriate Certification Form(s)
The Commission requires all bidders or proposers to identify ALL subcontractor(s) and/or supplier(s) to be utilized under this contract.
Each bidder or proposer must submit, at the time of bid, the appropriate completed MBE and SLBE Subcontracting and Supplier Certification form with two (2) authorized signatures. Failure to submit the appropriate Certification form(s) may render the bid non-responsive, and the bid may not be considered for award.
Compliance Reporting Requirement
The Commission requires all prime contractors to report subcontractor(s) and supplier(s) payments on a monthly basis utilizing the Commission’s web-based tracking and compliance system. The prime contractor shall enter all payments, and the subcontractor(s) or supplier(s) shall validate payments received. Instructions on entering payment data will be distributed to the successful awardee (prime contractor) and subcontractor(s) or supplier(s).
Failure to report payments on the web-based system as described above may result in the delay of payment(s). Final payment may not be made until the subcontractor(s) and supplier(s) payment(s) are reported and verified. Failure to comply with all or part of the MBE and SLBE Programs goals may result in the prime contractor not being awarded additional contracts by the Commission.
Failure to comply with the requirements of this Clause will be considered in determining if the Commission will exercise the renewal option under this contract and/or future contracts with the Commission. A determination of non-compliance on any WSSC Water-funded contract will be used in the determination of any future contracts, Change Orders, Amendments, and/or Option years with the Commission.
Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than fifteen (15) days from receipt of subcontractors’ invoice on WSSC Water-funded projects; and pay subcontractors retainage within fifteen (15) days after the subcontractor's work is satisfactorily completed.
The benefits and obligations hereunder shall inure to and be binding upon the parties hereto, and neither this Contract nor the obligations or services to be performed hereunder shall be subcontracted, assigned, or otherwise disposed of, either in whole or in part, except with the prior written consent of the Chief Procurement Officer. Written consent of the Commission's Chief Procurement Officer is also necessary for the substitution of a previously approved subcontractor or assignee.
Consistent with Section 19-101 et seq. of the State Finance & Procurement Article, Maryland Annotated Code, the Commission will not enter into a contract with any business entity that has discriminated in the Solicitation, selection or treatment of subcontractors, suppliers, vendors or commercial customers on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer's employees or owners.
Audit Right and Retention of Records
The Commission shall have the right, upon serving reasonably advanced notice and during ordinary business hours, to audit the books, records, and accounts of a contractor and its subcontractor(s). Prime contractor and its subcontractor(s) shall keep such books, records, and accounts as may be necessary, in order to record complete and correct entries related to the contract. All books, records, and accounts shall be kept in written form or in a form capable of conversion into written form within a reasonable time. Upon request to do so, a contractor or its subcontractor(s), as applicable, shall make the same available at no cost to the Commission, in written form.
Prime contractors and its subcontractor(s) shall preserve and make available, at reasonable times for examination and audit by the Commission, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period, in accordance with the Maryland Public Information Act Manual (8th edition, December 2000), Right of Access to Records, SG 10-617(f)(3), as may be amended from time to time, if applicable, or, if the Maryland Public Information Act is not applicable, for a minimum period of five (5) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Maryland Public Information Act is determined by the Commission to be applicable to a contractor and its subcontractor(s), they shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by a contractor or its subcontractor(s). Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for a contractor disallowance and recovery of any payment upon such entry. Prime contractors shall, by written contract, require its subcontractor(s) to agree to the requirement and obligations of this Clause.
Consistent with Section 19-101 et seq. of the State Finance & Procurement Article, Maryland Annotated Code, the Commission will not enter into a contract with any business entity that has discriminated in the Solicitation, selection or treatment of subcontractors, suppliers, vendors or commercial customers on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer's employees or owners.
Consistent with Section 19-101 et seq. of the State Finance & Procurement Article, Maryland Annotated Code, the Commission will not enter into a contract with any business entity that has discriminated in the Solicitation, selection or treatment of subcontractors, suppliers, vendors or commercial customers on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer's employees or owners.
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [X]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $1,000,000 single limit for bodily injury and property damage each occurrence with a $2,000,000 general aggregate that applies to project under contract, and a separate $2,000,000 aggregate for products/completed operations. $1,000,000 each offence for Item F. |
[X]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [X]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [X]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [ ]6. Errors or Omissions Liability | $1,000,000 each claim and aggregate |
| [ ]7. Employee Dishonesty Coverage | $________ Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = 100% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = 100% of the Contract Value |
| Other Insurance Required: |
Types of Bonds
| [X]Bid Guarantee | 5% of Bid Price |
| [X]Performance Bond | 100% of Contract Value |
| [X]Payment Bond | 100% of Contract Value |
| [X]Maintenance Bond | 100% of Contract Value |
ENVIRONMENTAL HAZMAT WASTE SERVICES COVERAGE AND BOND REQUIREMENTS
The parties to this Contract recognize that the provisions of the Uniform Commercial Code do not normally apply to the performance of services as distinguished from transactions in goods. However, the parties explicitly agree that for purposes of this Contract, the provisions of the Uniform Commercial Code shall apply, and any dispute arising under this Contract shall be resolved in accordance with the provisions of the Code, unless the UCC provisions conflict with the General Conditions and Instructions set forth herein or any documents or provisions incorporated by reference.
A contract shall not be considered accepted by the Commission and binding upon the Commission until (1) a contract has been executed by the Chief Procurement Officer or an authorized designee acting within the scope of his/her authority and (2) a Notice to Proceed has been issued.
The Commission reserves the right to cancel a recommended award of a contract without liability to the Commission at any time prior to (1) a Contract being executed by the Chief Procurement Officer or an authorized designee acting within the scope of his/her authority or (2) a Notice to Proceed being issued. Upon cancelling a recommended award, a recommended award may then be made to the next ranked responsive and responsible Bidder/Offeror or the Solicitation may be cancelled and re-advertised.
Failure by a Bidder/Offeror to execute a contract, submit such other documents as required by the Contract Documents, or file acceptable insurance and bonds within the time directed shall be just cause for canceling the recommended award. Upon cancelling a recommended award, a recommended award may then be made to the next ranked responsive and responsible Bidder/Offeror or the Solicitation may be cancelled and re-advertised.
Subcontract plans must be entered and approved in the web-based compliance system in accordance with the Commission's directives. Failure by a Bidder/Offeror to comply with such directives shall be just cause for canceling a recommended award. Upon cancelling a recommended award, a recommended award may then be
made to the next ranked responsive and responsible Bidder/Offeror or the Solicitation may be cancelled and readvertised.
A Notice to Proceed will be issued after (1) a contract has been executed by the Chief Procurement Officer or an authorized designee acting within the scope of his/her authority, (2) upon receipt and acceptance by the Commission of a Bidder's/Offeror's insurance, bonds, any other designated documents, (3) upon verification of entry and acceptance of subcontracting plans in the web-based compliance system, and (4) upon approval of background investigations of employees to work on Commission property. The Notice to Proceed represents the final document required before a contract shall be considered accepted by the Commission and binding upon the Commission.
No prospective bidder or proposer requesting a full or partial waiver shall be awarded a contract unless the OSDI determines that the bidder or proposer has satisfied the requirement of demonstrating a Good Faith Effort equal to or greater than a minimum of 90 out of 125 points for the evaluation criteria on the contract.
Accordingly, each bidder or proposer shall submit with the bid the following:
1. Declaration of Non-Discrimination: Each bidder or proposer shall submit with their bid/proposal a Declaration of Non-Discrimination.
2. Outreach Efforts Documentation: If requesting a full or partial waiver, each bidder or proposer shall submit with their bid a Subcontractor and Supplier Summary form, which is a contact form demonstrating the bidder’s or proposer’s outreach efforts to identify, contract with, or utilize all (i.e., MBEs, WBEs and Non-MBE/WBEs) potential subcontractors or suppliers on the contract.
3. MBE/SLBE Participation Plan (if applicable): Each bidder shall submit with their MBE/SLBE Participation Plan the name, address, telephone number and contact person of each subcontractor or supplier to be used during the contract, the NAICS Code and the type of work or service each business will perform, the percentage of the work and the scope of work, certificate number of each business, and any other information requested by the OSDI.
4. MBE Certification (if applicable): The OSDI shall verify that all entities claiming MBE status have been validly certified by either: The state certification agency designated under Section 14–303(b) of the State Finance and Procurement Article (or any successor Section thereto); or by any other certification program that the Commission determines substantially duplicates the requirements of the state certification agency, provided that, before accepting an alternate certification, the Commission examines that program to ensure compliance with the requirements of Section 20-204(c) of the Public Utilities Article (or any successor Section thereto). The following is a list of third-party certification agencies that are recognized by the Commission’s MBE Program:
Reciprocity of Minority/Women Business Enterprise Certification
The OSDI may consider for approval a firm(s) that is certified by other certifying agencies that substantially duplicates the state certification agency requirements. Expressed approval is required from the OSDI for M/WBE certification reciprocity prior to the submission of bids/proposals. If granted M/WBE certification reciprocity, a firm will be entitled to the MBE Program preferences outlined in WSSC Code of Regulations Chapter 6.30 (or successor). To learn more about M/WBE certification reciprocity please contact the OSDI by telephone at 301- 206-8800 or via email at supplierdiversity@wsscwater.com.
Determination of Good Faith Efforts
The GFE will be determined on a point system. Points are awarded for Indicators 1 through 13 when required and completed documentation is submitted at the time the partial or full waiver is being requested (i.e., at bid or postaward).
Points are awarded for each Indicator on an “all or nothing” basis. Points are not awarded for bid documentation deemed to be partially completed. There are 13 Indicators for the GFE documentation. Indicators 1 through 13 award points when the required documentation is submitted. Failure to include the required and completed GFE documentation and failure to achieve a minimum of 90 out of 125 points may render the bid non-responsive and could result in its rejection.
Points for each Indicator:
| Indicator: Points: | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | Total |
| 5 | 5 | 5 | 10 | 5 | 10 | 10 | 15 | 15 | 15 | 10 | 10 | 10 | 125 |
Each Indicator has a different point value equal to 5, 10 or 15 and several Indicators are given credit in two or more areas. For example, acceptable documentation submitted for:
Indicator 5 Indicators 8, 9 and 10 are each worth (15) points. Without sufficient documentation for Indicator 10 (including all MBE/SLBE firms that submitted bids and a summary sheet) your firm will not be able to achieve the minimum 90 points.
| Indicator | Good Faith Efforts Criteria Summary Description |
| 1 | Evidence of ads regarding subcontracting opportunities |
| 2 | List of MBE/SLBE firms contacted |
| 3 | List of subcontracting opportunities |
| 4 | Information sent to potential subcontracting firms |
| 5 | Evidence of justifiable rejection of bid |
| 6 | Assist MBEs/SLBEs to obtain bonding and/or insurance |
| 7 | Evidence of use of WSSC Water’s Supplier Portal and the Office of Supplier Diversity & Inclusion (“OSDI”) |
| 8 | List of MBEs/SLBEs invited to bid on subcontracting work - Not available to work |
| 9 | List of MBEs/SLBEs invited to bid on subcontracting work - Did not respond to IFB |
| 10 | List of MBEs/SLBEs invited to bid on subcontracting work - Not low acceptable bid or fiscally sound |
| 11 | List of selected portions of subcontracting work |
| 12 | Evidence that MBEs/SLBEs were invited to meetings |
| 13 | Evidence of written notice of Prime’s intent to bid and invitation for potential Subcontractors for work |
For more information regarding WSSC Water’s GFE, review the information here: Good Faith Effort Guide.
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [X]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $1,000,000 single limit for bodily injury and property damage each occurrence with a $2,000,000 general aggregate that applies to project under contract, and a separate $2,000,000 aggregate for products/completed operations. $1,000,000 each offence for Item F. |
[X]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [X]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [ ]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [ ]6. Errors or Omissions Liability | $1,000,000 each claim and aggregate |
| [ ]7. Employee Dishonesty Coverage | $________ Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = 100% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = 100% of the Contract Value |
| Other Insurance Required: |
OFFICE/PRODUCTION MAINTENANCE/INSTALL COVERAGE REQUIREMENTS
The Commission defines Commercially Useful Function as follows:
A business enterprise or firm performs a Commercially Useful Function when, based on all relevant facts and circumstances, it is responsible for execution of the work of the contract by actually performing, managing and supervising the work involved. Thus, the enterprise or firm must be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable) and paying for the material itself. An MBE or SLBE does not perform a Commercially Useful Function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of MBE or SLBE participation. In determining whether an MBE or SLBE is such an extra participant, the Office of Supplier Diversity & Inclusion will examine similar transactions, particularly those in which MBEs or SLBEs do not participate.
Example: A certified MBE or WSSC Water-Approved SLBE prime contractor is not considered to be performing a Commercially Useful Function if it is requiring that the subcontractor perform all aspects of the contract as if the subcontractor had independently bid and been awarded the contract as the prime.
The Commission seeks to prevent a certified MBE or WSSC Water-Approved SLBE prime contractor from acting as a “pass-through” or “front,” exchanging the benefits of certification and/or approval for payment from a noncertified/ non-approved business. When subcontracting to MBE or SLBE subcontractors, the intent is for the subcontractor to provide goods or services required for the performance of the contract rather than artificial or incidental participation that provides an “appearance” of participation to meet the socio-economic objectives of these programs. Typically, the determination of whether an MBE or WSSC Water-Approved SLBE is performing a Commercially Useful Function is determined during the certification process (by the certifying entities accepted by the Commission) for MBE firms and during the approval process for SLBE firms.
As part of the bid evaluation process, the bidder must provide proof sufficient to satisfy that a Commercially Useful Function will be performed by the bidder, subcontractor or supplier specific to the work identified in the statement of work or contract. To ensure compliance prior to contract award, the Commission must obtain documentation of Commercially Useful Function with any bid submitted by or that includes a certified MBE or WSSC Water-Approved SLBE firm.
Failure of a certified MBE or WSSC Water-Approved SLBE firm to demonstrate performance of a Commercially Useful Function, when bidding as a prime contractor, will result in that certified MBE and/or WSSC Water- Approved SLBE bidder being eliminated from consideration. When the analysis discloses that a certified/approved subcontractor/supplier is not providing a Commercially Useful Function, a contract may still be awarded if the prime contractor is a responsible Bidder without the involvement of the firm that has been determined not to provide a Commercially Useful Function and/or the work can be performed by an alternate(s) MBE or SLBE firm where the substitution is determined to have no material effect on the bid.
The OSDI must review information provided on the Bidder Declaration to determine whether certified MBE or WSSC Water-Approved SLBE firms are performing a Commercially Useful Function. Supplemental information related to supplier roles and responsibilities might also be provided in other sections of the bid.
During the evaluation, if permitted for the particular Solicitation, the Office of Supplier Diversity & Inclusion, through the Buyer, may seek clarification through written request to the bidder. Evaluators might also need to perform additional research or market analysis.
For more information on Commercially Useful Function, review WSSC Water's Good Faith Effort Guide.
No prospective bidder or proposer requesting a full or partial waiver shall be awarded a contract unless the OSDI determines that the bidder or proposer has satisfied the requirement of demonstrating a Good Faith Effort equal to or greater than a minimum of 90 out of 125 points for the evaluation criteria on the contract.
Accordingly, each bidder or proposer shall submit with the bid the following:
1. Declaration of Non-Discrimination: Each bidder or proposer shall submit with their bid/proposal a Declaration of Non-Discrimination.
2. Outreach Efforts Documentation: If requesting a full or partial waiver, each bidder or proposer shall submit with their bid a Subcontractor and Supplier Summary form, which is a contact form demonstrating the bidder’s or proposer’s outreach efforts to identify, contract with, or utilize all (i.e., MBEs, WBEs and Non-MBE/WBEs) potential subcontractors or suppliers on the contract.
3. MBE/SLBE Participation Plan (if applicable): Each bidder shall submit with their MBE/SLBE Participation Plan the name, address, telephone number and contact person of each subcontractor or supplier to be used during the contract, the NAICS Code and the type of work or service each business will perform, the percentage of the work and the scope of work, certificate number of each business, and any other information requested by the OSDI.
4. MBE Certification (if applicable): The OSDI shall verify that all entities claiming MBE status have been validly certified by either: The state certification agency designated under Section 14–303(b) of the State Finance and Procurement Article (or any successor Section thereto); or by any other certification program that the Commission determines substantially duplicates the requirements of the state certification agency, provided that, before accepting an alternate certification, the Commission examines that program to ensure compliance with the requirements of Section 20-204(c) of the Public Utilities Article (or any successor Section thereto). The following is a list of third-party certification agencies that are recognized by the Commission’s MBE Program:
Reciprocity of Minority/Women Business Enterprise Certification
The OSDI may consider for approval a firm(s) that is certified by other certifying agencies that substantially duplicates the state certification agency requirements. Expressed approval is required from the OSDI for M/WBE certification reciprocity prior to the submission of bids/proposals. If granted M/WBE certification reciprocity, a firm will be entitled to the MBE Program preferences outlined in WSSC Code of Regulations Chapter 6.30 (or successor). To learn more about M/WBE certification reciprocity please contact the OSDI by telephone at 301- 206-8800 or via email at supplierdiversity@wsscwater.com.
Determination of Good Faith Efforts
The GFE will be determined on a point system. Points are awarded for Indicators 1 through 13 when required and completed documentation is submitted at the time the partial or full waiver is being requested (i.e., at bid or postaward).
Points are awarded for each Indicator on an “all or nothing” basis. Points are not awarded for bid documentation deemed to be partially completed. There are 13 Indicators for the GFE documentation. Indicators 1 through 13 award points when the required documentation is submitted. Failure to include the required and completed GFE documentation and failure to achieve a minimum of 90 out of 125 points may render the bid non-responsive and could result in its rejection.
Points for each Indicator:
| Indicator: Points: | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | Total |
| 5 | 5 | 5 | 10 | 5 | 10 | 10 | 15 | 15 | 15 | 10 | 10 | 10 | 125 |
Each Indicator has a different point value equal to 5, 10 or 15 and several Indicators are given credit in two or more areas. For example, acceptable documentation submitted for:
Indicator 5 Indicators 8, 9 and 10 are each worth (15) points. Without sufficient documentation for Indicator 10 (including all MBE/SLBE firms that submitted bids and a summary sheet) your firm will not be able to achieve the minimum 90 points.
| Indicator | Good Faith Efforts Criteria Summary Description |
| 1 | Evidence of ads regarding subcontracting opportunities |
| 2 | List of MBE/SLBE firms contacted |
| 3 | List of subcontracting opportunities |
| 4 | Information sent to potential subcontracting firms |
| 5 | Evidence of justifiable rejection of bid |
| 6 | Assist MBEs/SLBEs to obtain bonding and/or insurance |
| 7 | Evidence of use of WSSC Water’s Supplier Portal and the Office of Supplier Diversity & Inclusion (“OSDI”) |
| 8 | List of MBEs/SLBEs invited to bid on subcontracting work - Not available to work |
| 9 | List of MBEs/SLBEs invited to bid on subcontracting work - Did not respond to IFB |
| 10 | List of MBEs/SLBEs invited to bid on subcontracting work - Not low acceptable bid or fiscally sound |
| 11 | List of selected portions of subcontracting work |
| 12 | Evidence that MBEs/SLBEs were invited to meetings |
| 13 | Evidence of written notice of Prime’s intent to bid and invitation for potential Subcontractors for work |
For more information regarding WSSC Water’s GFE, review the information here: Good Faith Effort Guide.
The Commission is subject to the Maryland Public Information Act. Bidders and Offerors are strongly encouraged to specifically identify those portions of their bids or proposals, if any, which they deem to contain protected trade secrets, confidential commercial information, confidential financial information, or confidential geological or geophysical information pursuant to Md. Code Ann., General Provisions, §§ 4-335 and 4-336.
No prospective bidder or proposer requesting a full or partial waiver shall be awarded a contract unless the OSDI determines that the bidder or proposer has satisfied the requirement of demonstrating a Good Faith Effort equal to or greater than a minimum of 90 out of 125 points for the evaluation criteria on the contract.
Accordingly, each bidder or proposer shall submit with the bid the following:
1. Declaration of Non-Discrimination: Each bidder or proposer shall submit with their bid/proposal a Declaration of Non-Discrimination.
2. Outreach Efforts Documentation: If requesting a full or partial waiver, each bidder or proposer shall submit with their bid a Subcontractor and Supplier Summary form, which is a contact form demonstrating the bidder’s or proposer’s outreach efforts to identify, contract with, or utilize all (i.e., MBEs, WBEs and Non-MBE/WBEs) potential subcontractors or suppliers on the contract.
3. MBE/SLBE Participation Plan (if applicable): Each bidder shall submit with their MBE/SLBE Participation Plan the name, address, telephone number and contact person of each subcontractor or supplier to be used during the contract, the NAICS Code and the type of work or service each business will perform, the percentage of the work and the scope of work, certificate number of each business, and any other information requested by the OSDI.
4. MBE Certification (if applicable): The OSDI shall verify that all entities claiming MBE status have been validly certified by either: The state certification agency designated under Section 14–303(b) of the State Finance and Procurement Article (or any successor Section thereto); or by any other certification program that the Commission determines substantially duplicates the requirements of the state certification agency, provided that, before accepting an alternate certification, the Commission examines that program to ensure compliance with the requirements of Section 20-204(c) of the Public Utilities Article (or any successor Section thereto). The following is a list of third-party certification agencies that are recognized by the Commission’s MBE Program:
Reciprocity of Minority/Women Business Enterprise Certification
The OSDI may consider for approval a firm(s) that is certified by other certifying agencies that substantially duplicates the state certification agency requirements. Expressed approval is required from the OSDI for M/WBE certification reciprocity prior to the submission of bids/proposals. If granted M/WBE certification reciprocity, a firm will be entitled to the MBE Program preferences outlined in WSSC Code of Regulations Chapter 6.30 (or successor). To learn more about M/WBE certification reciprocity please contact the OSDI by telephone at 301- 206-8800 or via email at supplierdiversity@wsscwater.com.
Determination of Good Faith Efforts
The GFE will be determined on a point system. Points are awarded for Indicators 1 through 13 when required and completed documentation is submitted at the time the partial or full waiver is being requested (i.e., at bid or postaward).
Points are awarded for each Indicator on an “all or nothing” basis. Points are not awarded for bid documentation deemed to be partially completed. There are 13 Indicators for the GFE documentation. Indicators 1 through 13 award points when the required documentation is submitted. Failure to include the required and completed GFE documentation and failure to achieve a minimum of 90 out of 125 points may render the bid non-responsive and could result in its rejection.
Points for each Indicator:
| Indicator: Points: | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | Total |
| 5 | 5 | 5 | 10 | 5 | 10 | 10 | 15 | 15 | 15 | 10 | 10 | 10 | 125 |
Each Indicator has a different point value equal to 5, 10 or 15 and several Indicators are given credit in two or more areas. For example, acceptable documentation submitted for:
Indicator 5 Indicators 8, 9 and 10 are each worth (15) points. Without sufficient documentation for Indicator 10 (including all MBE/SLBE firms that submitted bids and a summary sheet) your firm will not be able to achieve the minimum 90 points.
| Indicator | Good Faith Efforts Criteria Summary Description |
| 1 | Evidence of ads regarding subcontracting opportunities |
| 2 | List of MBE/SLBE firms contacted |
| 3 | List of subcontracting opportunities |
| 4 | Information sent to potential subcontracting firms |
| 5 | Evidence of justifiable rejection of bid |
| 6 | Assist MBEs/SLBEs to obtain bonding and/or insurance |
| 7 | Evidence of use of WSSC Water’s Supplier Portal and the Office of Supplier Diversity & Inclusion (“OSDI”) |
| 8 | List of MBEs/SLBEs invited to bid on subcontracting work - Not available to work |
| 9 | List of MBEs/SLBEs invited to bid on subcontracting work - Did not respond to IFB |
| 10 | List of MBEs/SLBEs invited to bid on subcontracting work - Not low acceptable bid or fiscally sound |
| 11 | List of selected portions of subcontracting work |
| 12 | Evidence that MBEs/SLBEs were invited to meetings |
| 13 | Evidence of written notice of Prime’s intent to bid and invitation for potential Subcontractors for work |
For more information regarding WSSC Water’s GFE, review the information here: Good Faith Effort Guide.
The Declaration of Non-Discrimination, GFE documentation, and MBE/SLBE Participation Plan(s), and any other information required by the OSDI in the Solicitation document must be completed by each bidder or proposer and submitted with the other required bid or proposal documentation for the bid or proposal to be considered responsive. Failure to timely submit these forms, fully completed, may result in the bid or proposal being considered as non-responsive, and therefore excluded from consideration.
Note: The OSDI will validate all Subcontracting Plans for MBE, SLBE and Non-MBE participation, and GFE submitted by the bidders or proposers.
Guidelines
Checklist
The Declaration of Non-Discrimination, GFE documentation, and MBE/SLBE Participation Plan(s), and any other information required by the OSDI in the Solicitation document must be completed by each bidder or proposer and submitted with the other required bid or proposal documentation for the bid or proposal to be considered responsive. Failure to timely submit these forms, fully completed, may result in the bid or proposal being considered as non-responsive, and therefore excluded from consideration.
Note: The OSDI will validate all Subcontracting Plans for MBE, SLBE and Non-MBE participation, and GFE submitted by the bidders or proposers.
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [X]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $1,000,000 single limit for bodily injury and property damage each occurrence with a $2,000,000 general aggregate that applies to project under contract, and a separate $2,000,000 aggregate for products/completed operations. $1,000,000 each offence for Item F. |
[X]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [X]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [ ]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [ ]6. Errors or Omissions Liability | $1,000,000 each claim and aggregate |
| [ ]7. Employee Dishonesty Coverage | $________ Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = 100% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = 100% of the Contract Value |
| Other Insurance Required: |
FLEET SERVICES COVERAGE REQUIREMENTS
The Declaration of Non-Discrimination, GFE documentation, and MBE/SLBE Participation Plan(s), and any other information required by the OSDI in the Solicitation document must be completed by each bidder or proposer and submitted with the other required bid or proposal documentation for the bid or proposal to be considered responsive. Failure to timely submit these forms, fully completed, may result in the bid or proposal being considered as non-responsive, and therefore excluded from consideration.
Note: The OSDI will validate all Subcontracting Plans for MBE, SLBE and Non-MBE participation, and GFE submitted by the bidders or proposers.
Submission of Appropriate Certification Form(s)
The Commission requires all bidders or proposers to identify ALL subcontractor(s) and/or supplier(s) to be utilized under this contract.
Each bidder or proposer must submit, at the time of bid, the appropriate completed MBE and SLBE Subcontracting and Supplier Certification form with two (2) authorized signatures. Failure to submit the appropriate Certification form(s) may render the bid non-responsive, and the bid may not be considered for award.
Compliance Reporting Requirement
The Commission requires all prime contractors to report subcontractor(s) and supplier(s) payments on a monthly basis utilizing the Commission’s web-based tracking and compliance system. The prime contractor shall enter all payments, and the subcontractor(s) or supplier(s) shall validate payments received. Instructions on entering payment data will be distributed to the successful awardee (prime contractor) and subcontractor(s) or supplier(s).
Failure to report payments on the web-based system as described above may result in the delay of payment(s). Final payment may not be made until the subcontractor(s) and supplier(s) payment(s) are reported and verified. Failure to comply with all or part of the MBE and SLBE Programs goals may result in the prime contractor not being awarded additional contracts by the Commission.
Failure to comply with the requirements of this Clause will be considered in determining if the Commission will exercise the renewal option under this contract and/or future contracts with the Commission. A determination of non-compliance on any WSSC Water-funded contract will be used in the determination of any future contracts, Change Orders, Amendments, and/or Option years with the Commission.
Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than fifteen (15) days from receipt of subcontractors’ invoice on WSSC Water-funded projects; and pay subcontractors retainage within fifteen (15) days after the subcontractor's work is satisfactorily completed.
Submission of Appropriate Certification Form(s)
The Commission requires all bidders or proposers to identify ALL subcontractor(s) and/or supplier(s) to be utilized under this contract.
Each bidder or proposer must submit, at the time of bid, the appropriate completed MBE and SLBE Subcontracting and Supplier Certification form with two (2) authorized signatures. Failure to submit the appropriate Certification form(s) may render the bid non-responsive, and the bid may not be considered for award.
Compliance Reporting Requirement
The Commission requires all prime contractors to report subcontractor(s) and supplier(s) payments on a monthly basis utilizing the Commission’s web-based tracking and compliance system. The prime contractor shall enter all payments, and the subcontractor(s) or supplier(s) shall validate payments received. Instructions on entering payment data will be distributed to the successful awardee (prime contractor) and subcontractor(s) or supplier(s).
Failure to report payments on the web-based system as described above may result in the delay of payment(s). Final payment may not be made until the subcontractor(s) and supplier(s) payment(s) are reported and verified. Failure to comply with all or part of the MBE and SLBE Programs goals may result in the prime contractor not being awarded additional contracts by the Commission.
Failure to comply with the requirements of this Clause will be considered in determining if the Commission will exercise the renewal option under this contract and/or future contracts with the Commission. A determination of non-compliance on any WSSC Water-funded contract will be used in the determination of any future contracts, Change Orders, Amendments, and/or Option years with the Commission.
Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than fifteen (15) days from receipt of subcontractors’ invoice on WSSC Water-funded projects; and pay subcontractors retainage within fifteen (15) days after the subcontractor's work is satisfactorily completed.
The following Certification forms are attached in the Vendor Questionnaire:
1. Good Faith Efforts Affidavit
2. WSSC Water Non-Discrimination Declaration
3. MBE/SLBE Unavailability Form
4. All Subcontractors and Suppliers Summary Contact Form
Submission of Appropriate Certification Form(s)
The Commission requires all bidders or proposers to identify ALL subcontractor(s) and/or supplier(s) to be utilized under this contract.
Each bidder or proposer must submit, at the time of bid, the appropriate completed MBE and SLBE Subcontracting and Supplier Certification form with two (2) authorized signatures. Failure to submit the appropriate Certification form(s) may render the bid non-responsive, and the bid may not be considered for award.
Compliance Reporting Requirement
The Commission requires all prime contractors to report subcontractor(s) and supplier(s) payments on a monthly basis utilizing the Commission’s web-based tracking and compliance system. The prime contractor shall enter all payments, and the subcontractor(s) or supplier(s) shall validate payments received. Instructions on entering payment data will be distributed to the successful awardee (prime contractor) and subcontractor(s) or supplier(s).
Failure to report payments on the web-based system as described above may result in the delay of payment(s). Final payment may not be made until the subcontractor(s) and supplier(s) payment(s) are reported and verified. Failure to comply with all or part of the MBE and SLBE Programs goals may result in the prime contractor not being awarded additional contracts by the Commission.
Failure to comply with the requirements of this Clause will be considered in determining if the Commission will exercise the renewal option under this contract and/or future contracts with the Commission. A determination of non-compliance on any WSSC Water-funded contract will be used in the determination of any future contracts, Change Orders, Amendments, and/or Option years with the Commission.
Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than fifteen (15) days from receipt of subcontractors’ invoice on WSSC Water-funded projects; and pay subcontractors retainage within fifteen (15) days after the subcontractor's work is satisfactorily completed.
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [X]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $1,000,000 single limit for bodily injury and property damage each occurrence with a $2,000,000 general aggregate that applies to project under contract, and a separate $2,000,000 aggregate for products/completed operations. $1,000,000 each offence for Item F. |
[X]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [X]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [X]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [ ]6. Errors or Omissions Liability | $1,000,000 each claim and aggregate |
| [ ]7. Employee Dishonesty Coverage | $________ Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = 100% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = 100% of the Contract Value |
| Other Insurance Required: |
FUEL MANAGEMENT SYSTEMS COVERAGE
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [X]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $1,000,000 single limit for bodily injury and property damage each occurrence with a $2,000,000 general aggregate that applies to project under contract, and a separate $2,000,000 aggregate for products/completed operations. $1,000,000 each offence for Item F. |
[X]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [X]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [ ]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [ ]6. Errors or Omissions Liability | $1,000,000 each claim and aggregate |
| [ ]7. Employee Dishonesty Coverage | $________ Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = 100% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = 100% of the Contract Value |
| Other Insurance Required: |
Types of Bonds
| [X]Bid Guarantee | 5% of Bid Price |
| [X]Performance Bond | 100% of Contract Value |
| [X]Payment Bond | 100% of Contract Value |
| [X]Maintenance Bond | 100% of Contract Value |
GROUNDS & BLDG. MAINTENANCE, PRODUCTION FACILITIES, MAINTENANCE COVERAGE, AND BOND REQUIREMENTS
Audit Right and Retention of Records
The Commission shall have the right, upon serving reasonably advanced notice and during ordinary business hours, to audit the books, records, and accounts of a contractor and its subcontractor(s). Prime contractor and its subcontractor(s) shall keep such books, records, and accounts as may be necessary, in order to record complete and correct entries related to the contract. All books, records, and accounts shall be kept in written form or in a form capable of conversion into written form within a reasonable time. Upon request to do so, a contractor or its subcontractor(s), as applicable, shall make the same available at no cost to the Commission, in written form.
Prime contractors and its subcontractor(s) shall preserve and make available, at reasonable times for examination and audit by the Commission, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period, in accordance with the Maryland Public Information Act Manual (8th edition, December 2000), Right of Access to Records, SG 10-617(f)(3), as may be amended from time to time, if applicable, or, if the Maryland Public Information Act is not applicable, for a minimum period of five (5) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Maryland Public Information Act is determined by the Commission to be applicable to a contractor and its subcontractor(s), they shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by a contractor or its subcontractor(s). Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for a contractor disallowance and recovery of any payment upon such entry. Prime contractors shall, by written contract, require its subcontractor(s) to agree to the requirement and obligations of this Clause.
Audit Right and Retention of Records
The Commission shall have the right, upon serving reasonably advanced notice and during ordinary business hours, to audit the books, records, and accounts of a contractor and its subcontractor(s). Prime contractor and its subcontractor(s) shall keep such books, records, and accounts as may be necessary, in order to record complete and correct entries related to the contract. All books, records, and accounts shall be kept in written form or in a form capable of conversion into written form within a reasonable time. Upon request to do so, a contractor or its subcontractor(s), as applicable, shall make the same available at no cost to the Commission, in written form.
Prime contractors and its subcontractor(s) shall preserve and make available, at reasonable times for examination and audit by the Commission, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period, in accordance with the Maryland Public Information Act Manual (8th edition, December 2000), Right of Access to Records, SG 10-617(f)(3), as may be amended from time to time, if applicable, or, if the Maryland Public Information Act is not applicable, for a minimum period of five (5) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Maryland Public Information Act is determined by the Commission to be applicable to a contractor and its subcontractor(s), they shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by a contractor or its subcontractor(s). Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for a contractor disallowance and recovery of any payment upon such entry. Prime contractors shall, by written contract, require its subcontractor(s) to agree to the requirement and obligations of this Clause.
Audit Right and Retention of Records
The Commission shall have the right, upon serving reasonably advanced notice and during ordinary business hours, to audit the books, records, and accounts of a contractor and its subcontractor(s). Prime contractor and its subcontractor(s) shall keep such books, records, and accounts as may be necessary, in order to record complete and correct entries related to the contract. All books, records, and accounts shall be kept in written form or in a form capable of conversion into written form within a reasonable time. Upon request to do so, a contractor or its subcontractor(s), as applicable, shall make the same available at no cost to the Commission, in written form.
Prime contractors and its subcontractor(s) shall preserve and make available, at reasonable times for examination and audit by the Commission, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period, in accordance with the Maryland Public Information Act Manual (8th edition, December 2000), Right of Access to Records, SG 10-617(f)(3), as may be amended from time to time, if applicable, or, if the Maryland Public Information Act is not applicable, for a minimum period of five (5) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Maryland Public Information Act is determined by the Commission to be applicable to a contractor and its subcontractor(s), they shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by a contractor or its subcontractor(s). Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for a contractor disallowance and recovery of any payment upon such entry. Prime contractors shall, by written contract, require its subcontractor(s) to agree to the requirement and obligations of this Clause.
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [ ]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $500,000 single limit for bodily injury and property damage each occurrence with a $1,000,000 general aggregate that applies to project under contract, and a separate $1,000,000 aggregate for products/completed operations. $500,000 each offence for Item F. |
[ ]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [ ]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [ ]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [ ]6. Errors or Omissions Liability | $1,000,000 each claim and aggregate |
| [ ]7. Employee Dishonesty Coverage | $________ Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = 100% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = 100% of the Contract Value |
| Other Insurance Required: |
INVENTORY MATERIALS & SUPPLY, JOB-SITE MATERIALS & SUPPLY, OFFICE EQUIP. COVERAGE
The Commission defines Commercially Useful Function as follows:
A business enterprise or firm performs a Commercially Useful Function when, based on all relevant facts and circumstances, it is responsible for execution of the work of the contract by actually performing, managing and supervising the work involved. Thus, the enterprise or firm must be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable) and paying for the material itself. An MBE or SLBE does not perform a Commercially Useful Function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of MBE or SLBE participation. In determining whether an MBE or SLBE is such an extra participant, the Office of Supplier Diversity & Inclusion will examine similar transactions, particularly those in which MBEs or SLBEs do not participate.
Example: A certified MBE or WSSC Water-Approved SLBE prime contractor is not considered to be performing a Commercially Useful Function if it is requiring that the subcontractor perform all aspects of the contract as if the subcontractor had independently bid and been awarded the contract as the prime.
The Commission seeks to prevent a certified MBE or WSSC Water-Approved SLBE prime contractor from acting as a “pass-through” or “front,” exchanging the benefits of certification and/or approval for payment from a noncertified/ non-approved business. When subcontracting to MBE or SLBE subcontractors, the intent is for the subcontractor to provide goods or services required for the performance of the contract rather than artificial or incidental participation that provides an “appearance” of participation to meet the socio-economic objectives of these programs. Typically, the determination of whether an MBE or WSSC Water-Approved SLBE is performing a Commercially Useful Function is determined during the certification process (by the certifying entities accepted by the Commission) for MBE firms and during the approval process for SLBE firms.
As part of the bid evaluation process, the bidder must provide proof sufficient to satisfy that a Commercially Useful Function will be performed by the bidder, subcontractor or supplier specific to the work identified in the statement of work or contract. To ensure compliance prior to contract award, the Commission must obtain documentation of Commercially Useful Function with any bid submitted by or that includes a certified MBE or WSSC Water-Approved SLBE firm.
Failure of a certified MBE or WSSC Water-Approved SLBE firm to demonstrate performance of a Commercially Useful Function, when bidding as a prime contractor, will result in that certified MBE and/or WSSC Water- Approved SLBE bidder being eliminated from consideration. When the analysis discloses that a certified/approved subcontractor/supplier is not providing a Commercially Useful Function, a contract may still be awarded if the prime contractor is a responsible Bidder without the involvement of the firm that has been determined not to provide a Commercially Useful Function and/or the work can be performed by an alternate(s) MBE or SLBE firm where the substitution is determined to have no material effect on the bid.
The OSDI must review information provided on the Bidder Declaration to determine whether certified MBE or WSSC Water-Approved SLBE firms are performing a Commercially Useful Function. Supplemental information related to supplier roles and responsibilities might also be provided in other sections of the bid.
During the evaluation, if permitted for the particular Solicitation, the Office of Supplier Diversity & Inclusion, through the Buyer, may seek clarification through written request to the bidder. Evaluators might also need to perform additional research or market analysis.
For more information on Commercially Useful Function, review WSSC Water's Good Faith Effort Guide.
The Commission defines Commercially Useful Function as follows:
A business enterprise or firm performs a Commercially Useful Function when, based on all relevant facts and circumstances, it is responsible for execution of the work of the contract by actually performing, managing and supervising the work involved. Thus, the enterprise or firm must be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable) and paying for the material itself. An MBE or SLBE does not perform a Commercially Useful Function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of MBE or SLBE participation. In determining whether an MBE or SLBE is such an extra participant, the Office of Supplier Diversity & Inclusion will examine similar transactions, particularly those in which MBEs or SLBEs do not participate.
Example: A certified MBE or WSSC Water-Approved SLBE prime contractor is not considered to be performing a Commercially Useful Function if it is requiring that the subcontractor perform all aspects of the contract as if the subcontractor had independently bid and been awarded the contract as the prime.
The Commission seeks to prevent a certified MBE or WSSC Water-Approved SLBE prime contractor from acting as a “pass-through” or “front,” exchanging the benefits of certification and/or approval for payment from a noncertified/ non-approved business. When subcontracting to MBE or SLBE subcontractors, the intent is for the subcontractor to provide goods or services required for the performance of the contract rather than artificial or incidental participation that provides an “appearance” of participation to meet the socio-economic objectives of these programs. Typically, the determination of whether an MBE or WSSC Water-Approved SLBE is performing a Commercially Useful Function is determined during the certification process (by the certifying entities accepted by the Commission) for MBE firms and during the approval process for SLBE firms.
As part of the bid evaluation process, the bidder must provide proof sufficient to satisfy that a Commercially Useful Function will be performed by the bidder, subcontractor or supplier specific to the work identified in the statement of work or contract. To ensure compliance prior to contract award, the Commission must obtain documentation of Commercially Useful Function with any bid submitted by or that includes a certified MBE or WSSC Water-Approved SLBE firm.
Failure of a certified MBE or WSSC Water-Approved SLBE firm to demonstrate performance of a Commercially Useful Function, when bidding as a prime contractor, will result in that certified MBE and/or WSSC Water- Approved SLBE bidder being eliminated from consideration. When the analysis discloses that a certified/approved subcontractor/supplier is not providing a Commercially Useful Function, a contract may still be awarded if the prime contractor is a responsible Bidder without the involvement of the firm that has been determined not to provide a Commercially Useful Function and/or the work can be performed by an alternate(s) MBE or SLBE firm where the substitution is determined to have no material effect on the bid.
The OSDI must review information provided on the Bidder Declaration to determine whether certified MBE or WSSC Water-Approved SLBE firms are performing a Commercially Useful Function. Supplemental information related to supplier roles and responsibilities might also be provided in other sections of the bid.
During the evaluation, if permitted for the particular Solicitation, the Office of Supplier Diversity & Inclusion, through the Buyer, may seek clarification through written request to the bidder. Evaluators might also need to perform additional research or market analysis.
For more information on Commercially Useful Function, review WSSC Water's Good Faith Effort Guide.
The Commission defines Commercially Useful Function as follows:
A business enterprise or firm performs a Commercially Useful Function when, based on all relevant facts and circumstances, it is responsible for execution of the work of the contract by actually performing, managing and supervising the work involved. Thus, the enterprise or firm must be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable) and paying for the material itself. An MBE or SLBE does not perform a Commercially Useful Function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of MBE or SLBE participation. In determining whether an MBE or SLBE is such an extra participant, the Office of Supplier Diversity & Inclusion will examine similar transactions, particularly those in which MBEs or SLBEs do not participate.
Example: A certified MBE or WSSC Water-Approved SLBE prime contractor is not considered to be performing a Commercially Useful Function if it is requiring that the subcontractor perform all aspects of the contract as if the subcontractor had independently bid and been awarded the contract as the prime.
The Commission seeks to prevent a certified MBE or WSSC Water-Approved SLBE prime contractor from acting as a “pass-through” or “front,” exchanging the benefits of certification and/or approval for payment from a noncertified/ non-approved business. When subcontracting to MBE or SLBE subcontractors, the intent is for the subcontractor to provide goods or services required for the performance of the contract rather than artificial or incidental participation that provides an “appearance” of participation to meet the socio-economic objectives of these programs. Typically, the determination of whether an MBE or WSSC Water-Approved SLBE is performing a Commercially Useful Function is determined during the certification process (by the certifying entities accepted by the Commission) for MBE firms and during the approval process for SLBE firms.
As part of the bid evaluation process, the bidder must provide proof sufficient to satisfy that a Commercially Useful Function will be performed by the bidder, subcontractor or supplier specific to the work identified in the statement of work or contract. To ensure compliance prior to contract award, the Commission must obtain documentation of Commercially Useful Function with any bid submitted by or that includes a certified MBE or WSSC Water-Approved SLBE firm.
Failure of a certified MBE or WSSC Water-Approved SLBE firm to demonstrate performance of a Commercially Useful Function, when bidding as a prime contractor, will result in that certified MBE and/or WSSC Water- Approved SLBE bidder being eliminated from consideration. When the analysis discloses that a certified/approved subcontractor/supplier is not providing a Commercially Useful Function, a contract may still be awarded if the prime contractor is a responsible Bidder without the involvement of the firm that has been determined not to provide a Commercially Useful Function and/or the work can be performed by an alternate(s) MBE or SLBE firm where the substitution is determined to have no material effect on the bid.
The OSDI must review information provided on the Bidder Declaration to determine whether certified MBE or WSSC Water-Approved SLBE firms are performing a Commercially Useful Function. Supplemental information related to supplier roles and responsibilities might also be provided in other sections of the bid.
During the evaluation, if permitted for the particular Solicitation, the Office of Supplier Diversity & Inclusion, through the Buyer, may seek clarification through written request to the bidder. Evaluators might also need to perform additional research or market analysis.
For more information on Commercially Useful Function, review WSSC Water's Good Faith Effort Guide.
Guidelines
Checklist
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [X]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $1,000,000 single limit for bodily injury and property damage each occurrence with a $2,000,000 general aggregate that applies to project under contract, and a separate $2,000,000 aggregate for products/completed operations. $1,000,000 each offence for Item F. |
[X]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [X]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [ ]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [ ]6. Errors or Omissions Liability | $1,000,000 each claim and aggregate |
| [ ]7. Employee Dishonesty Coverage | $________ Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = 100% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = 100% of the Contract Value |
| Other Insurance Required: |
TRANSPORTATION SERVICES COVERAGE
Guidelines
Checklist
Guidelines
Checklist
The following Certification forms are attached in the Vendor Questionnaire:
1. Good Faith Efforts Affidavit
2. WSSC Water Non-Discrimination Declaration
3. MBE/SLBE Unavailability Form
4. All Subcontractors and Suppliers Summary Contact Form
The following Certification forms are attached in the Vendor Questionnaire:
1. Good Faith Efforts Affidavit
2. WSSC Water Non-Discrimination Declaration
3. MBE/SLBE Unavailability Form
4. All Subcontractors and Suppliers Summary Contact Form
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [ ]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $500,000 single limit for bodily injury and property damage each occurrence with a $1,000,000 general aggregate that applies to project under contract, and a separate $1,000,000 aggregate for products/completed operations. $500,000 each offence for Item F. |
[ ]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [ ]4. Umbrella Liability | $_1,000,000_ BI, PD, & Personal Injury |
| [ ]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [X]6. Errors or Omissions Liability | $500,000 each claim and aggregate |
| [X]7. Employee Dishonesty Coverage | $500,000 Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = ____% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = ____% of the Contract Value |
| Other Insurance Required: |
FINANCIAL, IT PROFESSIONAL SERVICES, CONSULTING COVERAGE REQUIREMENTS
The following Certification forms are attached in the Vendor Questionnaire:
1. Good Faith Efforts Affidavit
2. WSSC Water Non-Discrimination Declaration
3. MBE/SLBE Unavailability Form
4. All Subcontractors and Suppliers Summary Contact Form
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [X]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $1,000,000 single limit for bodily injury and property damage each occurrence with a $2,000,000 general aggregate that applies to project under contract, and a separate $2,000,000 aggregate for products/completed operations. $1,000,000 each offence for Item F. |
[X]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [X]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [ ]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [ ]6. Errors or Omissions Liability | $1,000,000 each claim and aggregate |
| [ ]7. Employee Dishonesty Coverage | $________ Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = 100% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = 100% of the Contract Value |
| Other Insurance Required: |
Types of Bonds
| [X]Bid Guarantee | 5% of Bid Price |
| [ ]Performance Bond | 100% of Contract Value |
| [ ]Payment Bond | 100% of Contract Value |
| [ ]Maintenance Bond | 100% of Contract Value |
INSPECTION & ASSESSMENTS COVERAGE AND BOND REQUIREMENTS
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [X]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $1,000,000 single limit for bodily injury and property damage each occurrence with a $2,000,000 general aggregate that applies to project under contract, and a separate $2,000,000 aggregate for products/completed operations. $1,000,000 each offence for Item F. |
[X]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [X]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [ ]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [ ]6. Errors or Omissions Liability | $1,000,000 each claim and aggregate |
| [X]7. Employee Dishonesty Coverage | $500,000 Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = 100% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = 100% of the Contract Value |
| Other Insurance Required: |
STAFF AUGMENTATION COVERAGE REQUIREMENTS
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [ ]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $500,000 single limit for bodily injury and property damage each occurrence with a $1,000,000 general aggregate that applies to project under contract, and a separate $1,000,000 aggregate for products/completed operations. $500,000 each offence for Item F. |
[ ]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [ ]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [ ]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [X]6. Technology Errors or Omissions Liability | $500,000 each claim and aggregate |
| [ ]7. Employee Dishonesty Coverage | $500,000 Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = 100% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = 100% of the Contract Value |
| Other Insurance Required: |
Types of Bonds
| [ ]Bid Guarantee | 5% of Bid Price |
| [ ]Performance Bond | 100% of Contract Value |
| [ ]Payment Bond | 100% of Contract Value |
| [ ]Maintenance Bond | 100% of Contract Value |
IT CLOUD BASED SOFTWARE COVERAGE AND BOND REQUIREMENTS
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [ ]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[X]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $500,000 single limit for bodily injury and property damage each occurrence with a $1,000,000 general aggregate that applies to project under contract, and a separate $1,000,000 aggregate for products/completed operations. $500,000 each offence for Item F. |
[ ]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [ ]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [ ]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [ ]6. Technology Errors or Omissions Liability | $500,000 each claim and aggregate |
| [ ]7. Employee Dishonesty Coverage | $500,000 Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = 100% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = 100% of the Contract Value |
| [X] Other Insurance Required: | Cyber liability insurance in the amount of $2,000,000 per occurrence/per aggregate. Coverage must include but is not limited to first and third-party coverage, network security and privacy liability, and electronic media liability. |
IT CLOUD BASED (PERSONAL INFORMATION EXPOSURE) SOFTWARE COVERAGE REQUIREMENTS
("X" EQUALS MANDATORY)
| Coverage Required | Limits (Figures Denote Minimums) |
| [ ]1.Worker's Compensation & Employer's Liability | Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease |
[ ]2. Commercial General Liability Occurrence form, including but not limited to the below
| Items B. and E. require a $1,000,000 single limit for bodily injury and property damage each occurrence with a $2,000,000 general aggregate that applies to project under contract, and a separate $2,000,000 aggregate for products/completed operations. $1,000,000 each offence for Item F. |
[ ]3. Business Auto Liability
| $1,000,000 Bodily Injury & Property Damage liability each accident |
| [ ]4. Umbrella Liability | $1,000,000 BI, PD, & Personal Injury |
| [ ]5. Pollution Liability | $1,000,000 each claim and aggregate |
| [ ]6. Errors or Omissions Liability | $1,000,000 each claim and aggregate |
| [ ]7. Employee Dishonesty Coverage | $________ Limit of Insurance |
| [ ]8. Builder's Risk | Insurable Value = ____% of the Contract Value |
| [ ]9. Installation Floater | Insurable Value = ____% of the Contract Value |
| Other Insurance Required: |
Types of Bonds
| [ ]Bid Guarantee | ____% of Bid Price |
| [ ]Performance Bond | ____% of Contract Value |
| [ ]Payment Bond | ____% of Contract Value |
| [ ]Maintenance Bond | ____% of Contract Value |
| [ ]RestorationBond | ____% |
COVERAGE AND BOND REQUIREMENTS
Washington Suburban Sanitary Commission
Finance/Disbursements Group
14501 Sweitzer Lane, 11th Floor
Laurel, Maryland 20707-5902
To the extent Consultant’s compensation under this Agreement includes reimbursement of travel expenses, the reimbursement of such expenses shall be governed by the Commission’s Official Travel Expense Reimbursement Regulation, WSSC Code of Regulations Chapter 9.85. See https://wssc.district.codes/Code/9.85. When invoicing for travel expenses allowed under this Agreement, Consultant shall comply with the requirements of the Regulation and this Agreement, including, without limitation, the requirements for mileage and travel reimbursement in Chapter 9.85.140 of the Regulation.
Each Bidder must meet and provide proof of the following qualifications in order to be considered for the Award:
The attendance log will be used to verify the Bidder's attendance at the site visit.
References must be 3 years of experience in removing and replacing hose reels in Automotive Garages, and must include the following:
Please download the below documents, complete, and upload.
Please upload your technical proposal here
Please download the below documents, complete, and upload.
I certify that I will have on file within 10 days of Notice of Award, Certificates of Insurance acceptable to the Commission, meeting all requirements set forth in the Contract Document.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please register at: www.wsscwater.com/supplier.
Select electronic pricing table if providing line items for the vendor to fill out
Select yes to show the Mid-Atlantic Purchasing Team Intergovernmental & Cooperative Purchasing Clause in the attachments
Q (WSSC Payment Methods and System): Could you please confirm the payment methods used by WSSC? Specifically, whether electronic payments are issued through the procurement portal or via another method.
A: The payment method is Automated Clearing House (ACH).
Q (No subject): Hi, I have a question regarding my business certification. My company has a Small Business Certification issued by the Maryland Department of Transportation (MDOT), which I understand is recognized by WSSC Supplier Diversity. I would like to confirm if this certification is acceptable for this solicitation, or if a separate WSSC SLBE certification is required. I am asking because I understand that the WSSC certification process may take up to 90 days. Thank you in advance for your guidance.
A: This solicitation does not require MBE/SLBE goals or a 5% Bid preference; therefore, the certification is not required.
Q (Site Visit):
A: Can you please confirm if the first location for site visits are Equipment Shop 4103 Lloyd Street, Hyattsville, MD? The sequence of walkthrough site visits will include the following facilities: 1st: Equipment Shop – 4103 Lloyd Street, Hyattsville, Maryland 20781 2nd: Gaithersburg Garage – 111 West Diamond Avenue, Gaithersburg, Maryland 20877 3rd: Laurel Garage – 15110 Sweitzer Lane, Laurel, Maryland 20707. Please refer to the site visit Agenda. Attendance and sign-in at all the site visit locations are mandatory. Equipment Shop – 4103 Lloyd Street, Hyattsville, Maryland 20781 will be the first walkthrough site visit.
Q (No subject): Can you please provide information on how we are to receive plans and drawings for this project? The listed steps in the solicitation were taken to gain access, yet no access has been granted.
A: There are no plans or drawings for this solicitation. Bidders are required to attend the site visit for physical assessment. Site visit is mandatory.
Q (No subject): Dear Sir or Madam, I hope you are doing well. I would like to request a general clarification regarding the submission requirements for this solicitation. Specifically, could you please confirm whether any documents included in the submission package require notarization, or if a standard authorized signature is sufficient? Thank you for your assistance.
A: No, notarization of documents are not required.
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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