Active SLED Opportunity · MARYLAND · WASHINGTON SUBURBAN SANITARY COMMISSION, MD

    Hose Reel Removal and Replacement at Fleet Garages

    Issued by Washington Suburban Sanitary Commission, MD
    localRFQWashington Suburban Sanitary Commission, MDSol. 249174
    Open · 8d remaining
    DAYS TO CLOSE
    8
    due May 1, 2026
    PUBLISHED
    Apr 7, 2026
    Posting date
    JURISDICTION
    Washington Suburban
    local
    NAICS CODE
    238210
    AI-classified industry

    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.

    Opportunity details

    Solicitation No.
    249174
    Type / RFx
    RFQ
    Status
    open
    Level
    local
    Published Date
    April 7, 2026
    Due Date
    May 1, 2026
    NAICS Code
    238210AI guide
    Agency
    Washington Suburban Sanitary Commission, MD

    Description

    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.

    Project Details

    • Reference ID: 101602
    • Department: General Services Department
    • Department Head: Fred Lees (General Services Director (Acting))

    Important Dates

    • Questions Due: 2026-04-24T21:00:00.000Z
    • Pre-Proposal Meeting: 2026-04-21T13:00:00.000Z — Please refer to the attached Agenda for the Site-Visit Instructions.

    Evaluation Criteria

    • NOTICE

      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

    • SPECIAL CONDITIONS

      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.

    • NOTICE

      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

    • PROPOSAL SUBMISSION
      1. Submission
        1. Only one Proposal may be submitted by an Offeror.
        2. The Technical and Price Proposal shall be submitted via the eProcurement Portal at https://procurement.opengov.com/portal/wsscwater.
        3. Proposals submitted in any form other than as specified herein may be deemed non-responsive and will not be considered for award. Oral and telegraphic proposals, including e-mail submissions, are considered invalid and will not be accepted or considered for award.
        4. Proposals shall be concise, yet sufficiently comprehensive to set forth the Offeror’s understanding of the required services. Proposals must be organized to the structure described in these instructions to Offerors.
    • NOTICE

      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

    • NOTICE

      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

    • SCOPE OF WORK

      The contractor shall:

      • Remove existing hose reels at each site.
      • Supply and install new hose reels meeting Balcrank brand specifications.
      • Ensure all mounting brackets, hardware, and connections are included.
      • Connect to existing air/water lines as applicable.
      • Test installed systems for proper operation and safety compliance.
      • Provide warranty information for parts and labor.
      • Remove and properly dispose of old hose reels and installation debris.
    • COMPLIANCE WITH COMMISSION PROCUREMENT REGULATIONS

      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.

    • BID GUARANTEE

      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.

    • INSURANCE

      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. 

    • Summary

      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.

    • Submission of Bid
      1. Only one Bid may be submitted by a Supplier.
      2. Bids shall be submitted electronically via WSSC's eProcurement portal at https://procurement.opengov.com/portal/wsscwater
      3. Bid submitted in any form other than as specified herein may be deemed non-responsive and will not be considered for award. Bid must be signed by an authorized representative of the Bidder. Oral and telegraphic Bids, including e-mail submissions, are considered invalid and will not be accepted or considered for award.
      4. Bids shall be concise, yet sufficiently comprehensive to set forth the Bidder’s understanding of the required services. Bids must be organized to the structure described in these Additional Instructions to Bidders.
      5. Minimum Qualifications: Provide documentation that meets the requirements in the SCOPE OF WORK and Bidder’s MINIMUM QUALIFICATIONS. A Bid not meeting any of the MINIMUM QUALIFICATIONS requirements will be deemed non-responsive/non-responsible and precluded from further consideration.
      6. Appendix A: OSDI PARTICIPATION. If subcontracting provide the executed forms required in Appendix A of the Solicitation.
      7. Appendix B: CERTIFICATE OF INSURANCE. Provide a certificate of insurance in accordance with the Insurance Requirements located in the solicitation Appendix B.
      8. Appendix C: VENDOR QUESTIONNAIRE. Provide the executed forms, which are located in Appendix C, for responsiveness to the Bid Solicitation.
      9. 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.

    • CONTRACT DOCUMENTS

      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.

      1. The intent of the Contract Documents is that the Contractor shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the Work in accordance with the Contract Documents and all incidental work necessary to complete the Project in an acceptable manner, ready for use, occupancy or operation by the Commission.
      2. In resolving conflicts, errors, and discrepancies within the Contract Documents, the Documents shall be given precedence in the following order:
        • Federal Contract Provisions (only if identified and incorporated in the Contract Documents)
        • WSSC Procurement Regulations
        • Change Orders
        • Amendments
        • Addenda
        • Special Conditions
        • General Conditions
        • Invitation for Bids
        • Contract Execution Page
        • Notice to Proceed
        • Notice of Award
        • Specifications/Statement of Work
        • Drawings
    • MBE PURPOSE STATEMENT

      In accordance with §20-204 thru §20-206 of the Public Utilities Article, Maryland Annotated Code, WSSC shall establish:

      1. A MBE Utilization Program to facilitate the participation of responsible certified minority business enterprises in design/build and construction contracts awarded by the Commission; and
      2. A MBE Utilization Program to facilitate the participation of responsible certified minority business enterprises in goods and services contracts awarded by the Commission, other than those covered by the program for design/build and construction contracts.
    • EVALUATION FACTORS

      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.

      Evaluation Factors 
      Firm Experience40%
      Staffing and Resources35%
      Technical/Project Approach20%
      Pricing05%
    • MBE PURPOSE STATEMENT

      In accordance with §20-204 thru §20-206 of the Public Utilities Article, Maryland Annotated Code, WSSC shall establish:

      1. A MBE Utilization Program to facilitate the participation of responsible certified minority business enterprises in design/build and construction contracts awarded by the Commission; and
      2. A MBE Utilization Program to facilitate the participation of responsible certified minority business enterprises in goods and services contracts awarded by the Commission, other than those covered by the program for design/build and construction contracts.
    • MBE PURPOSE STATEMENT

      In accordance with §20-204 thru §20-206 of the Public Utilities Article, Maryland Annotated Code, WSSC shall establish:

      1. A MBE Utilization Program to facilitate the participation of responsible certified minority business enterprises in design/build and construction contracts awarded by the Commission; and
      2. A MBE Utilization Program to facilitate the participation of responsible certified minority business enterprises in goods and services contracts awarded by the Commission, other than those covered by the program for design/build and construction contracts.
    • ECONOMIC PRICE ADJUSTMENT
      1.  All prices shall remain firm during the initial term of the Agreement. Any subsequent price adjustments, whether increases or decreases, will be considered on an annual basis, at the sole discretion of the Commission.
      2. The Contractor must submit any requests for price adjustments in writing at least 60 days prior to the desired adjustment date. The baseline for determining price adjustments will be the closing date of the solicitation. All proposed price changes are subject to review and approval by the Commission.
      3. Price increases will be capped at a maximum of 10% per year, while price decreases will be capped at a minimum of 10% per year. Pricing adjustments shall be determined using the U.S. Bureau of Labor Statistics average percentage change for the most recent calendar year, as referenced in the solicitation. Any requests for such adjustments are not guaranteed.
      4. In the event of extraordinary circumstances, including but not limited to significant regulatory changes, tariffs, or other external factors beyond the control of the Contractor, that result in substantial price increases, the Commission may, at its sole discretion, consider adjustments exceeding the 10% cap. However, such WSSC adjustments are not guaranteed, and the Commission is under no obligation to approve any requests for price increases beyond this limit. To support such requests, the Contractor must provide detailed and verifiable documentation, including but not limited to: invoices from suppliers reflecting increased costs, official government notices of tariff changes, detailed cost analyses, and any other relevant financial records or data. All submissions will be thoroughly reviewed, and approval will be granted solely at the Commission's discretion.
    • TYPES OF COVERAGE

      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.

    • MBE PURPOSE STATEMENT

      In accordance with §20-204 thru §20-206 of the Public Utilities Article, Maryland Annotated Code, WSSC shall establish:

      1. A MBE Utilization Program to facilitate the participation of responsible certified minority business enterprises in design/build and construction contracts awarded by the Commission; and
      2. A MBE Utilization Program to facilitate the participation of responsible certified minority business enterprises in goods and services contracts awarded by the Commission, other than those covered by the program for design/build and construction contracts.
    • Pricing
      1. Bidders shall enter their pricing in the PRICING PROPOSAL section of this solicitation their all- inclusive unit price for the service required. The prices quoted in the Bid shall be firm for the duration of this Contract (base and option years if applicable).
      2. Pricing shall reflect all fringe benefits, overhead, profit, general and administrative expenses, and associated costs to complete the outlined scope of work. All mobilization and demobilization are included in the line-item price. Daily rates shall be applicable for an all-inclusive 8-hour day within a 24-hour period. The total price shall be the product of the Bidder's delivery unit price by the quantities given. All unit prices shall include F.O.B. destination shipping terms. No separate line-item pricing will be allowed for either bidding or invoicing purposes.
      3. The Contractor shall be aware that the quantities provided are estimated for bidding purposes only and may be increased, decreased, or eliminated - no guarantee for minimum quantities. The Contractor will be paid on the basis of the per-unit cost of the work item based on work performed and accepted by the Contract Manager.
    • Timeline
      Release Project Date:April 7, 2026
      Mandatory Site-Visit (Mandatory):April 21, 2026, 9:00am

      Agenda

      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
    • GENERAL CONDITIONS

      The General Conditions – Goods & Supplies are modified as follows:

      ARTICLE 5.2. ECONOMIC PRICE ADJUSTMENT

      DELETE in its entirety.

    • DEFINITIONS

      Whenever the following words occur in these Instructions to Bidders/Offerors, they shall have the following meanings.

      1. "Bidder" means any person submitting a bid in response to an invitation for bids ("IFB") or a request for quotations ("RFQ").

      2. "Contract Documents" means all documents that are included, attached, or referenced in a  Solicitation.

      3. "Invitation for bids" ("IFB") means all documents, whether attached or incorporated by reference, utilized for soliciting bids.

      4. "Invitation for prequalification" ("IFP") means all documents, whether attached or incorporated by reference, utilized for prequalifying potential bidders.

      5. "Offeror" means any person submitting a proposal to a request for proposals ("RFP") or invitation for prequalification ("IFP").

      6. "Request for proposals" ("RFP") means all documents, whether attached or incorporated by reference, utilized for soliciting proposals.

      7. "Responsible" means a person who has the capability in all respects to perform fully the requirements stated in the invitation for bids and request for proposals, respectively, and the integrity and reliability that will assure good faith performance.

      8. "Responsive" means a person who has submitted a bid or a proposal that fully conforms to the invitation for bids or request for proposals.

      9. "Solicitation" means an invitation for bids, a request for proposals, a request for quotations, an invitation for pre-qualification, or any other document issued by WSSC for the purpose of soliciting bids or proposals to perform a WSSC contract.
    • PERFORMANCE, LABOR AND MATERIAL PAYMENT BONDS

      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.

    • CONTRACT DOCUMENTS
      1. The Contract Documents include WSSC's Procurement Regulations (WSSC Code of  Regulations, Title 6, Chapter 6.15), the Solicitation, Bonds, Notice of Award, Notice to Proceed, Change Orders, Drawings (when applicable), Certificate of Substantial Completion, Specifications, these General Conditions, Special Conditions, Standard Details, Amendments, Addenda, Contract Execution Page, Appendix A from the Solicitation, Appendix B from the Solicitation, Appendix C forms completed by the CONSULTANT, and Federal Contract Provisions when required.
      2. The intent of the Contract Documents is that the CONSULTANT shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the Work in accordance with the Contract Documents and all incidental work necessary to complete the Project acceptable manner, ready for use, occupancy, or operation by the COMMISSION.
      3. In resolving conflicts, errors, and discrepancies within the Contract Documents, the Documents shall be given precedence in the following order:
        Federal Contract Provisions (only if identified and incorporated in the Contract Documents)
        WSSC Procurement Regulations
        Change Orders
        Amendments
        Addenda
        Special Conditions
        General Conditions
        Contract Execution Page
        Notice to Proceed
        Notice of Award
        Specifications/Statement of Work
        Drawings (when applicable)
        Appendix B to the Solicitation (Insurance & Bonding Requirements)
        Appendix A to the Solicitation (MBE and/or SLBE requirements)
        Appendix C to the Solicitation (Commission Forms completed by CONSULTANT)
    • ADDITIONAL INSURED

      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:

      • CG 2010 entitled "Additional Insured - Owners, Lessees or Contractors — Scheduled Person or Organization" and CG 2037 entitled "Additional Insured - Owners, Lessees or Contractors — Completed Operations"; OR
      • CG 2033 entitled "Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You" and CG 2037 entitled "Additional Insured - Owners, Lessees or Contractors — Completed Operations".
    • WORKING HOURS
      1. The Contractor will only be permitted access to the Commission's facilities during the general working hours of 7:00 a.m. to 3:30 p.m., local prevailing time, Monday through Friday, except on Commission-observed holidays. Any other times will be noted in the solicitation documents.
      2. If it becomes necessary for the Contractor to perform work during Commission non-working hours, permission to work must be granted by the Project/Contract Manager. The Contractor will be required to furnish to the Project/Contract Manager a list of the Contractor's employees who will be working. No additional compensation shall be paid for hours worked during non-working hours.
    • SLBE PURPOSE STATEMENT

      In accordance with §20-302 thru §20-304 of Public Utilities Article, Maryland Annotated Code, WSSC may establish:

      1. SLBE Program to assist small businesses in Montgomery County and Prince George’s County by:
        1. Establishing a sheltered market or other appropriate preference; or
        2. Facilitating the award of Commission construction contracts or procurement contracts for Goods and Services to small businesses in Montgomery County and Prince George’s County.
    • MAINTENANCE BOND

      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. 

    • WSSC’S SUPPLIER PORTAL SYSTEM

      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.

    • LOCATION
      • Equipment Shop – 4103 Lloyd Street, Hyattsville, Maryland 20781
      • Gaithersburg Garage – 111 West Diamond Avenue, Gaithersburg, Maryland 20877
      • Laurel Garage – 15110 Sweitzer Lane, Laurel, Maryland 20707
    • ADDITIONAL PROVISIONS

      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.

    • SLBE PURPOSE STATEMENT

      In accordance with §20-302 thru §20-304 of Public Utilities Article, Maryland Annotated Code, WSSC may establish:

      1. SLBE Program to assist small businesses in Montgomery County and Prince George’s County by:
        1. Establishing a sheltered market or other appropriate preference; or
        2. Facilitating the award of Commission construction contracts or procurement contracts for Goods and Services to small businesses in Montgomery County and Prince George’s County.
    • SLBE PURPOSE STATEMENT

      In accordance with §20-302 thru §20-304 of Public Utilities Article, Maryland Annotated Code, WSSC may establish:

      1. SLBE Program to assist small businesses in Montgomery County and Prince George’s County by:
        1. Establishing a sheltered market or other appropriate preference; or
        2. Facilitating the award of Commission construction contracts or procurement contracts for Goods and Services to small businesses in Montgomery County and Prince George’s County.
    • PROPOSAL EVALUATION
      1. Technical Proposals received will be evaluated by the Evaluation Committee based on the Offeror’s qualifications as described in the proposal. 
      2. Proposals that do not meet the minimum requirements as stated in the Solicitation, or which are deemed non-responsive or non-responsible, will not be evaluated.  
      3. Shortlisting / Competitive Range – WSSC reserves the right, after the initial technical evaluation, to establish a competitive range and shortlist the highest-rated offerors for further consideration. Only shortlisted offerors’ price proposals will be opened and evaluated.
        1. WSSC may conduct discussions and request Best and Final Offers (BAFOs) from shortlisted offerors and may make an award without discussions. Inclusion on a shortlist does not guarantee an award. WSSC may adjust the competitive range, reject any or all proposals, or cancel the solicitation at its sole discretion.
      4. Price Proposals selected to proceed to the next phase will be opened and evaluated. Price proposals that are not selected to advance to the next phase will be unopened.
      5. Once the Evaluation Committee has completed its review, the results of the Technical Proposals and the Price Proposals will be combined for a final evaluation. 
      6. Offerors may be required to give an Oral Presentation to further address their Technical Proposal.
      7. The proposal(s) deemed most advantageous to WSSC, taking into consideration the evaluation outlined in the Request for Proposal, will be recommended for award.
      8. If two (2) or more proposals are equally ranked, WSSC reserves the right to select the proposal deemed most advantageous to WSSC by the Evaluation team.
      9. The WSSC reserves the right to award this Contract based on Proposals received with or without further discussion or negotiation.
      10. Offerors may be asked to submit Best and Final Offers (BAFO) after the price proposals have been opened.
      11. All Offerors will be notified by the WSSC of the final awardee(s).
    • SLBE PURPOSE STATEMENT

      In accordance with §20-302 thru §20-304 of Public Utilities Article, Maryland Annotated Code, WSSC may establish:

      1. SLBE Program to assist small businesses in Montgomery County and Prince George’s County by:
        1. Establishing a sheltered market or other appropriate preference; or
        2. Facilitating the award of Commission construction contracts or procurement contracts for Goods and Services to small businesses in Montgomery County and Prince George’s County.
    • ACCESS TO INFORMATION, PERSONNEL, COMMISSION FACILITIES
      1. The COMMISSION shall furnish to the CONSULTANT all information and personnel that the CONSULTANT shall deem pertinent in the execution of the Work under this Contract.
      2. The COMMISSION shall assist and make provisions for the CONSULTANT to enter upon COMMISSION facilities as required for the CONSULTANT to perform work under this Contract.
    • MBE AND SLBE REGULATIONS

      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:

      https://wssc.district.codes/

      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.

       

       

       

    • MBE AND SLBE REGULATIONS

      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:

      https://wssc.district.codes/

      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.

       

       

       

    • MAINTENANCE BOND

      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. 

    • MBE AND SLBE REGULATIONS

      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:

      https://wssc.district.codes/

      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.

       

       

       

    • Pricing
      1. Bidders shall upload their pricing in the VENDOR QUESTIONNAIRE section of this solicitation their all- inclusive unit price for the service required. The prices quoted in the Bid shall be firm for the duration of this Contract (base and option years if applicable).
      2. Pricing shall reflect all fringe benefits, overhead, profit, general and administrative expenses, and associated costs to complete the outlined scope of work. All mobilization and demobilization are included in the line-item price. Daily rates shall be applicable for an all-inclusive 8-hour day within a 24-hour period. The total price shall be the product of the Bidder's delivery unit price by the quantities given. All unit prices shall include F.O.B. destination shipping terms. No separate line-item pricing will be allowed for either bidding or invoicing purposes.
      3. The Contractor shall be aware that the quantities provided are estimated for bidding purposes only and may be increased, decreased, or eliminated - no guarantee for minimum quantities. The Contractor will be paid on the basis of the per-unit cost of the work item based on work performed and accepted by the Contract Manager.
    • TECHNICAL SPECIFICATION

      Technical Specifications – Balcrank Brand

      • Balcrank brand hose reels only (Premium, Evolution, or Heavy-Duty series).
      • Heavy-duty steel frame, corrosion-resistant finish.
      • Spring-rewind reel with full-flow swivel joint and adjustable guide arm.
      • Hose length: minimum 50 ft, 1/2-inch diameter.
      • Working pressure: minimum 300 PSI; burst pressure 4x working minimum.
      • Temperature rating: -20°F to 150°F or higher.
      • OEM Balcrank hoses and fittings only; NPT connectors.
      • Mounting is compatible with ceiling, wall, or post configurations.
      • All hardware must be Balcrank OEM or OEM-approved.
      • Electrical reels (if required) must meet OSHA/NFPA standards.
      • Include Balcrank manufacturer's warranty and 1-year labor warranty.
    • WORKING HOURS
      1. The CONSULTANT will only be permitted access to the COMMISSION's facilities only during the working hours indicated in the scope of work.
      2. If it becomes necessary for the CONSULTANT to perform work during COMMISSION non-working hours, permission to work must be granted by the Project/Contract Manager. The CONSULTANT will be required to furnish to the Project/Contract Manager a list of the CONSULTANT's employees who will be working. No additional compensation shall be paid for hours worked during non-working hours.
    • EXPLANATION OF CONTRACT DOCUMENTS TO PROSPECTIVE BIDDERS/OFFERORS

      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.

    • SUBROGATION

      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. 

    • TECHNICAL PROPOSAL (WIP, MAY SPLIT THIS UP)

      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:

      • Customer name and address,
      • Contract name with email address and phone number,
      • Time period in which work was performed, and
      • Short description of work performed.

      2. Provide a detailed narrative of Offerors, functioning as the Prime Contractor, organization. The narrative must include the following:

      • Brief overview of business operations, with an emphasis on IT-related business
      • Offeror’s experience in performing similar IT engagements for a Public Utility and/or Government Agency;
      • Other key differentiators and justifications as to why Offeror believes they are the best qualified to provide the services requested in the RFP;
      • Resume of proposed Project Manager (PM) that will be the point of contact to oversee the contract; and
      • Offerors organizational chart.

      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.

      • Certified Insurance Confirmation
      • Consent to Use of Electronic Signature
      • Contract Certification Affidavit
      • Consultant Conflict of Interest Affidavit
      • Iran Investment Certification
      • Statement of Offeror’s Qualification Form
      • References

      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.

    • HOLIDAYS
      1. Access to Commission facilities will be denied on holidays. It is the responsibility of the Contractor to determine on which specific dates these holidays are observed by the Commission.
      2. The Commission observes the following holidays: New Year's Day (Observed), Martin Luther King Jr.'s Birthday, President's Day, Memorial Day, Juneteenth (Observed), Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Day (Observed), General Election Day (even numbered years) and Inauguration Day.
    • MBE AND SLBE REGULATIONS

      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:

      https://wssc.district.codes/

      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

      Price proposal will be evaluated for best value

      1. Offeror shall provide a price for proposed labor rates in the PRICING PROPOSAL section and submit separately form the Technical Proposal. The labor rate shall be firm for the duration of the contract. the two-year base term.
    • Basis of Award
      1. The Commission reserves the right to award the contract based on the lowest responsive, responsible Bidder in total complying with the terms and conditions of this Bid who made all submissions required herein. Only Bidder(s) who have met the minimum qualifications in their entirety will move on to the pricing portion of the solicitation process.
      2. A Prompt Payment discount of 15 days or more may factor into the award.
      3. WSSC Water intends to make a single award under this Contract.
    • OPTIMIZATION OF DIVERSE BUSINESS DEVELOPMENT PROGRAM

      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.)

    • SECURITY CLEARANCE REQUIRED FOR ACCESS TO PLANS AND DRAWINGS

      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.

    • OPTIMIZATION OF DIVERSE BUSINESS DEVELOPMENT PROGRAM

      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.)

    • PREMIUM PAYMENTS, DEDUCTIBLES/RETENTIONS, AND COMMISSION ACCEPTANCE

      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. 

    • OPTIMIZATION OF DIVERSE BUSINESS DEVELOPMENT PROGRAM

      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.)

    • OPTIMIZATION OF DIVERSE BUSINESS DEVELOPMENT PROGRAM

      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.)

    • HOLIDAYS
      1. Access to Commission facilities will be denied on holidays. It is the responsibility of the CONSULTANT to determine on which specific dates these holidays are observed by the Commission.
      2. The Commission observes the following holidays: New Year's Day (Observed), Martin Luther King Jr.'s Birthday, President's Day, Memorial Day, Juneteenth (Observed), Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Day (Observed), General Election Day (even numbered years) and Inauguration Day.
    • CONTRACTORS RESPONSIBILITIES
      1. The work to be performed under this Contract will be performed in and around operating facilities. The Contractor will take all precautions necessary to prevent interference with the Commission's operations.
    • SUBMISSION OF BIDS (COMPETITIVE SEALED BIDDING)
      1. Bid Forms Bids shall be submitted in accordance with the instructions in the Solicitation and shall be filled out in typewritten or written ink. If changes and erasures are made, such changes and erasures shall be clear and legible, and shall be initialed by the person signing the forms.

        The bid forms may provide for submission of a price or prices for one or more items, which may be lump sum bids, alternate prices, and scheduled items resulting in a bid on a unit of construction or a combination thereof, or other bidding arrangements. Unless specifically called for, alternate bids will not be considered. 
         
        Failure to submit a bid form or submitting an incomplete bid form with the bid may lead to the bid being deemed non-responsive or non-responsible.

      2. Bid Submittals Bidders shall complete and submit any submittals required by the Solicitation with the bid. Failure to submit a submittal or submitting an incomplete submittal with the bid may lead to the bid being deemed non-responsive or non-responsible.

      3. Bid Bond If the Solicitation requires a bid bond and a Bidder fails to submit a bid bond with the bid, the bid shall be deemed non-responsive.

      4. Multiple Unit Prices No Bidder will be permitted to offer more than one price for each item identified in a bid form even though it believes it has two or more products that will meet the specifications in the Solicitation. If a Bidder submits more than one price for any item, all prices for that item may be rejected at the discretion of the Chief Procurement Officer. Further, the bid may be deemed non-responsive.

      5. Bid Submittal Limit A Bidder may submit only one bid in response to a Solicitation. If a Bidder submit more than one bid, the bids will be rejected and deemed non-responsive.

      6. Alternate Bid Unless alternate bids are specifically requested in the Solicitation, they will not be accepted. Alternate bids will be rejected and deemed non-responsive.

      7. Conditional Bids If a Bidder submits a bid that requires the Commission to accept changes or additions to the Contract Documents, the bid will be rejected and deemed non-responsive.

      8. Bid Signing Signing of a bid shall comply with instructions in bid forms.

      9. Bid Delivery Bids shall be submitted on-line through the Commission's Solicitation Portal.

      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. 

    • CONTRACT TERM

      One year contract with no option terms.

    • MANDATORY SITE VISIT

      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. 

    • TIME EXTENSION
      1. All time extensions approved by the COMMISSION will be issued in writing as a formal change to the Contract and as described in "Changes" herein. Failure to perform all work in accordance with the schedule, except where approved extensions exist, will be taken into consideration when evaluating the CONSULTANT for future work with the COMMISSION.
    • DESIGNATION AS TO APPLICABILITY

      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

      Price proposal will be evaluated for best value

      1. Offeror shall provide a price for proposed labor rates in the VENDOR QUESTIONNAIRE section and submit separately form the Technical Proposal. The labor rate shall be firm for the duration of the contract. the two-year base term.
    • DELIVERY
      1. All deliveries made to the Commission Facilities shall be made F.O.B. destination. Receiving hours are from 7:30 A.M. to 11:45 A.M. and 12:45 P.M. to 3:45 P.M., Monday through Friday, except on Commission holidays (unless otherwise noted in solicitation documents).
    • SUBMISSION OF PROPOSALS (COMPETITIVE SEALED PROPOSALS)
      1. Form And Content Of A Proposal The Solicitation will identify the required form and contents of a proposal. Failure to submit a proposal that meets the requirements of the Solicitation may lead to the proposal being deemed non-responsive or non-responsible.

      2. Proposal Delivery The Solicitation will identify the time and manner in which a proposal shall be delivered to the Commission. Any proposal received after the exact time for receipt will be deemed non-responsive. The proposal will not be considered for award and will be returned to the Offeror unopened. However, an exception may be made when a late proposal would have been timely but for the action or inaction of the Commission. An Offeror assumes all risks for timely delivery of a bid.
    • Basis of Award
      1. The Commission reserves the right to award the contract based on the lowest responsive, responsible Bidder in total complying with the terms and conditions of this Bid who made all submissions required herein. Only Bidder(s) who have met the minimum qualifications in their entirety will move on to the pricing portion of the solicitation process.
      2. A Prompt Payment discount of 15 days or more may factor into the award.
      3. WSSC Water intends to make multiple awards under this Contract.
    • COMPENSATION
      1. Any costs incurred by the CONSULTANT in excess of the agreed upon compensation and without the issuance of a formal written change order shall not be paid by the COMMISSION.
      2. The CONSULTANT will submit periodic invoices for payment, but not more frequently than monthly, for work and services performed under this Contract. Such invoices shall be prepared by the CONSULTANT supplemented and accompanied by supporting data, which is satisfactory to the COMMISSION. A list of employees employed by the CONSULTANT on each invoice to perform the direct services and their respective hourly rates shall be included on each invoice along with a brief description of the work performed and the day it was done. Each invoice shall also include a running total of all funds billed under this Contract to date.
      3. It is understood and agreed that the compensation herein provided to be paid by the COMMISSION is for the services of the CONSULTANT on the project as described herein and does not include any assistance in preparation for or during the progress of litigation to which the COMMISSION is a party The CONSULTANT agrees to assist the COMMISSION in matters of litigation upon request and upon reasonable compensation to be negotiated for such services requested. The CONSULTANT shall not be entitled to any compensation for any assistance or services requested or rendered in any matter involving claims by third parties against the COMMISSION arising out of the fault or negligence on the part of the CONSULTANT or his agents.
      4. For services performed by the CONSULTANT under this Contract, and as full and complete compensation therefore, except as otherwise expressly provided herein, the COMMISSION will pay to the CONSULTANT allowable costs and fees as set forth in the pricing sheet.
      5. The Contract value shall not be exceeded without a formal change order being issued to this Contract. Any costs incurred by the CONSULTANT in excess of the Contract value without a formal change order to this Contract shall not be paid by the COMMISSION.
    • PROPERTY DAMAGE
      1. Should any damage to Commission property be caused by the Contractor, employees, or agents of the Contractor, the Contractor will be required to report it to the Commission's Project Manager and make repairs immediately, to the satisfaction of the Commission's Project Manager and at no cost to the Commission.  The Commission may, however, elect to make repairs or replace the damaged property and deduct the cost of repairs or replacement from monies due, or to become due, to the Contractor.
    • CLAIMS MADE LIABILITY INSURANCE

      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.

    • NOTIFICATION OF CANCELLATION OR NON-RENEWAL

      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.

    • ACKNOWLEDGMENT OF AMENDMENTS TO THE SOLICITATION

      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.

    • BASIS OF AWARD
      1. Award shall be made to responsible Offeror submitting the proposal that has been determined to be the most advantages to the WSSC, considering evaluation factors set forth in this RFP.
      2. The Contract has the option to award up to ten (10) contracts in total. The WSSC reserves the right to award to additional firms, in order to meet the needs of WSSC.
    • PERFORMANCE BOND

      In the amount of 100% of the Contract Value.

    • CHANGES
      1. The COMMISSION may, at any time, by written order, make changes within the general scope of this Contract in the services or Work to be performed. If such changes cause an increase or decrease in the CONSULTANT's cost of, or time required for, performance of any services under this Contract, whether or not changed by any written order, the CONSULTANT may submit a claim in accordance with WSSC Code of Regulations, Title 6, Chapter 6.15.580(b).
      2. No services for which additional compensation will be charged by the CONSULTANT shall be accepted without the written authorization of the COMMISSION.
    • PACKING LIST
      1. A packing list shall accompany every shipment made. Absence of a packing slip or absence of required information may cause refusal of the shipment. The packing list shall contain the following information: Contract number, Master Delivery Release (MDR), and/or Purchase Order number, item description and size, quantity shipped, quantity ordered, quantity backordered, and packing slip number. Absence of the packing slip and its required information may be cause for rejection of the material and termination of the contract for default.
    • PROPERTY DAMAGE
      1. Should any damage to COMMISSION property be caused by the CONSULTANT, employees or agents of the CONSULTANT, the CONSULTANT will be required to report them to the COMMISSION's Project/Contract Manager and make repairs immediately, to the satisfaction of the COMMISSION's Project/Contract Manager and at no cost to the COMMISSION. The COMMISSION may, however, elect to make repairs or replace the damaged property and deduct the cost of repairs or replacement from monies due, or to become due, the CONSULTANT.
    • BID PRICE PREFERENCE

      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:

      • African American
      • Asian American
      • Female/Women-Owned
      • WSSC Water-Approved SLBE SDV
      • Hispanic American
      • Native American
      • WSSC Water-Approved SLBE

      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.)

    • BID PRICE PREFERENCE

      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:

      • African American
      • Asian American
      • Female/Women-Owned
      • WSSC Water-Approved SLBE SDV
      • Hispanic American
      • Native American
      • WSSC Water-Approved SLBE

      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.)

    • CONDITION OF MATERIAL UPON DELIVERY
      1. All material shipped shall be protected to ensure against damage in transit; all material shall be in good condition upon delivery. If, upon unloading from a Carrier's truck, any products/materials are found damaged or otherwise unacceptable, the material will be rejected. The Project Manager or designee will notify the Contractor for such damages. The rejected product/material will be loaded on the carrier's truck for return to the Contractor or for other means of disposal at the Contractor's expense.
    • BID PRICE PREFERENCE

      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:

      • African American
      • Asian American
      • Female/Women-Owned
      • WSSC Water-Approved SLBE SDV
      • Hispanic American
      • Native American
      • WSSC Water-Approved SLBE

      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.)

    • COMPLIANCE

      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.

    • BID PRICE PREFERENCE

      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:

      • African American
      • Female/Women-Owned
      • WSSC Water-Approved SLBE SDV
      • Hispanic American
      • Native American
      • WSSC Water-Approved SLBE

      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.)

    • WITHDRAWAL OF A BID (COMPETITIVE SEALED BIDDING)

      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.

    • PAYMENT BOND

      In the amount of 100% of the Contract Value.

    • PROJECT MANAGEMENT
      1. The COMMISSION and the CONSULTANT shall each designate a Project/Contract Manager within fourteen (14) days from date of this Contract to represent each party respectively and be responsible as the individual in charge of administering and carrying out provisions of this Contract. Once so designated by the CONSULTANT this Project/Contract Manager shall not be changed unless specifically allowed or requested by the COMMISSION.
      2. The CONSULTANT shall advise the COMMISSION of the Project/Contract Manager's qualifications and the COMMISSION shall have the right of approval or rejection of the CONSULTANT's designated Project/Contract manager
    • MBE/SLBE GOAL

      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 AreaAfrican AmericanAsian AmericanHispanic AmericanNative AmericanWomen-OwnedWSSC Water-Approved SLBE
      Goods & ServicesPARTIAL 15%PARTIAL 6%PARTIAL 5%PARTIAL 1%FULLFULL
      • A certified African American firm may count partially and fulfill 15% of the Subcontracting Goal.
      • A certified Asian American firm may count partially and fulfill 6% of the Subcontracting Goal.
      • A certified Hispanic American firm may count partially and fulfill 5% of the Subcontracting Goal.
      • A certified Native American firm may count partially and fulfill 1% of the Subcontracting Goal.
      • A certified Women-Owned firm may count fully and fulfill the entire Subcontracting Goal.
      • A certified WSSC Water Approved SLBE firm may count fully and fulfill the entire Subcontracting Goal.

      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.

    • MAINTENANCE BOND

      In the amount of 100% of the Contract Value.

    • STOP WORK
      1. Work may be temporarily stopped in the field by the Commission's Project Manager because of weather, poor workmanship, lack of materials, safety violations, or other unforeseen circumstances. If the work stoppage is longer than, or is expected to be longer than 48 hours, a written Stop Work Notice will be issued by the Contract Administrator.
    • BUILDERS RISK INSURANCE (CONTRACTOR TO PURCHASE)
      1. The Contractor shall purchase and maintain builders risk insurance on a replacement cost basis with a limit equal to or exceeding the full insurable value of the Project. This insurance shall be maintained until final acceptance of the Project by the WSSC or until no person or entity other than the WSSC has an insurable interest in the covered property, whichever is earlier. This builders risk insurance shall include the interests Request for Quotation 48044,2 Page 135 of 140 of the WSSC, Contractor, Subcontractors and Sub-subcontractors in the Project. The WSSC must be specifically included as a named insured.
      2. Insurance shall be on an "all-risk" or equivalent policy form and shall insure against the perils of fire; extended coverage; theft; vandalism; malicious mischief; collapse; ensuing or resulting loss from faulty, inadequate or defective design, specifications, construction, materials or workmanship; windstorm; flood; and earthquake. Coverage is to apply for debris removal including demolition occasioned by a covered loss with a minimum sublimit of twenty-five percent of the amount of loss or damage. This insurance shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such covered loss. Coverage for flood and earthquake may be written with sublimits acceptable to the WSSC.
      3. This builders risk insurance shall cover all of the following types of property:
        1. All structures to be constructed, under construction, and/or already constructed which are part of the Project;
        2. All materials, equipment, machinery and supplies which are to be incorporated into the Project;
        3. Temporary structures of any nature whatsoever; and
        4. Underground property, including but not limited to, foundations, pump stations, pumps, pipes, drains, tanks and connections.
      4. The Contractor shall be responsible for payment of any deductibles applicable under this builders risk insurance or other property insurance applicable to the Project.
      5. Unless otherwise provided in the Contract Documents, this builders risk insurance shall cover materials to be incorporated into the Project which are off the site, and also such materials in transit. Such coverage may be written with sublimits acceptable to the WSSC.
      6. This builders risk insurance shall insure (or shall be amended to insure) against loss or damage caused by boiler, machinery, and equipment perils. Such coverage shall be written on a comprehensive basis with coverage applying to the sudden and accidental breakdown of any boiler, fired vessel, unfired pressure vessel, refrigerating and air conditioning vessel, mechanical or electrical machine or apparatus used for the generation, transmission or utilization of mechanical or electrical power. Coverage is to apply without sublimit or restriction for testing and start-up, including any mechanical, aerostatic, hydrostatic and pneumatic testing.
      7. The WSSC and Contractor waive all rights against each other and against the WSSC's other Contractors and own forces described in Article 6, if any, and the subcontractors, subsubcontractors, elected and appointed officials, officers, agents, employees and consultants, for Internal Request for Quotation 48044,2 Page 136 of 140 property damage to or loss of use of the Work to the extent that such property damage or loss of use is covered by this builders risk insurance, boiler and machinery insurance or other property insurance applicable to the Work. The policies shall provide such waivers of subrogation by endorsement or otherwise.
      8. Any loss covered under this builders risk insurance or other property insurance applicable to the Work shall be payable as fiduciary for the insureds, as their interests may appear. The WSSC shall pay the owner and Subcontractors their just shares of insurance proceeds received by the WSSC, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner.
      9. WSSC, as fiduciary, shall have the power to adjust and settle a loss with insurers.
      10. Partial occupancy or use in accordance with the provisions of the Contract that pertain to partial occupancy or use shall not commence until the builders risk insurer has granted permission by endorsement or otherwise for the WSSC to partially occupy or use any completed or partially completed portion of the Work at any stage of construction. The Contractor shall take reasonable steps to obtain such permission.
      11. This builders risk insurance shall be written on an agreed value basis with no coinsurance or contribution clause applying.
      12. If the WSSC is damaged by the failure or neglect of the Contractor to purchase or maintain insurance as described above, without so notifying the WSSC, then the Contractor shall bear all reasonable costs properly attributable thereto.
      13. Before an exposure to loss may occur, the Contractor shall file with the WSSC a copy of each policy that includes insurance coverages required by this Article. Each policy shall contain all conditions, definitions, exclusions and endorsements applicable to the coverage for this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least sixty (60) days' prior written notice has been given to the WSSC.
      14. The insurance required by this Article is not intended to cover machinery, tools or equipment owned or rented by the Contractor, or its Subcontractors, which are utilized in the performance of the Work but not incorporated into the permanent improvements. The Contractor and its Subcontractors shall, at their own expense, purchase and maintain property insurance coverage for owned, leased or rented machinery, tools or equipment. The Contractor, and its Subcontractors, hereby waive all rights against the WSSC and its elected and appointed officials, officers, agents, employees and consultants for property damage to or loss of use of such machinery, tools or equipment to the extent that such property damage or loss of use is covered by the Contractor's or Subcontractor's property or equipment floater insurance or other similar property insurance maintained by the Contractor or its Subcontractors. The policies shall provide such waivers of subrogation by endorsement.
    • BID MODIFICATION, MISTAKES, AND MINOR INFORMALITIES (COMPETITIVE SEALED BIDDING)
      1. Mistakes in Bids Discovered Before Bid Opening A Bidder may correct mistakes discovered before the time and date set for bid opening by withdrawing or correcting the bid.

      2. Mistakes Discovered After Bid Opening but Before Award Mistakes in bids that are discovered after the time and date set for bid opening but before award shall be resolved as follows:

        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.

      3. Mistakes Discovered After Award Mistakes shall not be corrected after award of the contract except where the Chief Procurement Officer makes a written determination that it would be unconscionable not to allow the mistake to be corrected.
    • RIGHT TO BID
      1. The Commission reserves the right to advertise for bids any individual proposed project(s) whose estimates exceed those that the Commission feels are reasonable. The Commission also reserves the right to advertise for bid any project whose estimate exceeds 20% of the Contract value.
    • MBE/SLBE GOAL

      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.

    • WITHDRAWAL OF A PROPOSAL (COMPETITIVE SEALED PROPOSALS)

      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.

    • MBE/SLBE GOAL

      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 AreaAfrican AmericanAsian AmericanHispanic AmericanNative AmericanWomen-OwnedWSSC Water-Approved SLBE
      ConstructionFULLNONEPARTIAL 13%PARTIAL 0.50%PARTIAL 14%FULL
      • A certified African American firm may count fully and fulfill the entire Subcontracting Goal.
      • A certified Asian American firm may not count toward the Subcontracting Goal.
      • A certified Hispanic American firm may count partially and fulfill 13% of the Subcontracting Goal.
      • A certified Native American firm may count partially and fulfill .50% of the Subcontracting Goal.
      • A certified Women-Owned firm may count partially and fulfill 14% the Subcontracting Goal.
      • A certified WSSC Water-approved SLBE firm may count fully and fulfill the entire Subcontracting Goal.

      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.

    • INSTALLATION FLOATER INSURANCE (CONTRACTOR TO PURCHASE)
      1. The Contractor shall purchase and maintain installation floater insurance on a replacement cost basis with a limit equal to or exceeding the full insurable value of the Work, or the maximum exposure to a single occurrence. This insurance must be maintained at least until final acceptance of the Work by the WSSC.
      2. The interests of the WSSC and Subcontractors and sub-subcontractors shall be included by naming them as additional insureds and loss payees.
      3. This installation floater insurance shall include coverage for the following types of property:
        1. All materials, equipment, machinery and supplies which are to be incorporated into the Project; and
        2. If applicable, all underground property, including but not limited to, pumps, pipes, drains, tanks and connections.
      4. This installation floater insurance shall be written on an all-risks policy form. Covered causes of loss or covered perils shall include but not be limited to:
        1. Theft;
        2. Loss or damage that ensues or results from faulty, inadequate or defective design, specifications, construction, materials or workmanship;
        3. Collapse when caused by a covered cause of loss or peril;
        4. Explosion;
        5. Flood, sewer or water back-up, subterranean or ground water; and
        6. Earthquake, mudslide or earth movement of any kind. Flood and earthquake coverages may be written with sublimits exceeding or equal to the greater of ten percent of the total Project cost or $100,000.
      5. Recovery is to include the cost of materials, labor, overhead and profits.
      6. Coverage shall be written on an agreed value basis. Accordingly, any coinsurance or contribution clause shall be deleted. 
      7. This insurance shall not exclude or restrict coverage at vacant or unoccupied locations.
      8. Losses shall be adjusted with and payable to the WSSC as fiduciary for all other insureds.
      9. This installation floater insurance shall include coverage for debris removal and demolition made necessary by covered loss or damage with a minimum sublimit of twenty-five percent of the amount of loss or damage.
      10. This installation floater insurance shall afford coverage for materials and equipment off-site, including while in storage or while at fabrication sites, with a limit exceeding or equal to the greater of ten percent of the total Project cost or $100,000.
      11. Coverage for materials and equipment in transit shall be provided with a limit exceeding or equal to the greater of ten percent of the total Project cost or $100,000.
      12. The Contractor shall be responsible for payment of any deductibles applicable under this insurance or other property insurance applicable to the Work.
      13. The WSSC and Contractor waive all rights against each other and any of their Subcontractors, Subsubcontractors, elected and appointed officials, officers, directors, trustees, agents, employees and consultants for property damage to or loss of use of the Work to the extent that such property damage or loss of use is covered by this builders risk insurance, boiler and machinery insurance or other property insurance applicable to the Work. The policies shall provide such waivers of subrogation by endorsement or otherwise.
      14. If the WSSC is damaged by the failure or neglect of the Contractor to purchase or maintain insurance as described above, without so notifying the WSSC, then the Contractor shall bear all reasonable costs properly attributable thereto.
      15. The Contractor, Subcontractors and Sub-subcontractors shall, at their own expense, purchase and maintain separate property insurance coverage for machinery, tools or equipment owned or rented by them, which are utilized in the performance of the Work but not incorporated into the permanent improvements. The Contractor, Subcontractors and Sub-subcontractors, hereby waive all rights against the WSSC and its elected and appointed officials, officers, agents, employees and consultants for property damage to or loss of use of such machinery, tools or equipment to the extent that such property damage or loss of use is covered by the property or equipment floater insurance or other similar property insurance purchased and maintained by the Contractor, Subcontractors or Sub-subcontractors. The policies shall provide such waivers of subrogation by endorsement or otherwise.

         

    • FAILURE TO PERFORM
      1. Failure of the CONSULTANT to (a) deliver or perform the required goods or services within the time specified or within a reasonable time as interpreted by the Chief Procurement Officer or (b) to make replacements of rejected articles immediately or as directed by the Chief Procurement Officer shall constitute authority for the Chief Procurement Officer purchase in the open market goods or services of comparable grade to replace the goods or services not delivered or rejected. On all such purchases, the CONSULTANT shall reimburse the COMMISSION within a reasonable time as specified by the Chief Procurement Officer for any expense incurred in excess of Contract prices, including any administrative costs.
      2. Should public necessity demand it, the COMMISSION reserves the right to use or consume articles delivered or services performed which are substandard in quality, subject to an adjustment in price to be determined by the Chief Procurement Officer. The CONSULTANT shall not be liable for any excess costs if acceptable evidence has been submitted to the Chief Procurement Officer that failure to perform this Contract was due to causes beyond the control and without the failure or negligence of the CONSULTANT.
      3. The remedies provided in this General Condition are in addition to any other rights and remedies provided by law or under any other provisions of this Contract.
    • TERMINATION
      1. In accordance with WSSC Code of Regulations, Title 6, Chapter 6.15.590, the COMMISSION may, by written notice to the CONSULTANT, terminate this Contract in whole or in part at any time, either for the COMMISSION's convenience or default because of the failure of the CONSULTANT to perform services timely, failure to meet standards required, or fulfill the CONSULTANT's obligation under this Contract. Upon receipt of such notice, the CONSULTANT shall:
        1. Immediately discontinue all services affected upon receipt of termination notice, and
        2. Deliver to the COMMISSION any work product, including but not limited to all designs, surveys, data, drawings, specifications, reports, computations, estimates, summaries, computer programs, and such other information and materials as may have been provided by the COMMISSION or accumulated by the CONSULTANT in performing this Contract, whether completed or in progress.
    • MISTAKES IN PROPOSALS (COMPETITIVE SEALED PROPOSALS)
      1. Mistakes in Proposals Discovered Before Proposal Opening A Offeror may correct mistakes discovered before the time and date set for proposal opening by withdrawing or correcting the proposal.

      2. Mistakes Discovered After Receipt of Proposals But Before Award

      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.

    • POSSIBLE SUBCONTRACTING OPPORTUNITIES

      The Office of Supplier Diversity & Inclusion (“OSDI”) has identified the following potential subcontracting opportunities indicated below:

       

    • ARCHITECTURAL & ENGINEERING DESIGN

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [X]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = ____% of the Contract Value
      [ ]9. Installation FloaterInsurable 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)

       

    • EMERGENCY
      1. Notwithstanding the existence of the contract, the Commission reserves the right to order any item required for emergency purposes from any party who can deliver such item to meet the requirements of the Commission, without waiving or voiding any of the terms of the contract.
    • ENVIRONMENTAL DEMOLITION

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [X]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = 100% of the Contract Value
      [ ]9. Installation FloaterInsurable Value = ____% of the Contract Value
      Other Insurance Required: 

      Types of Bonds

      [X]Bid Guarantee5% of Bid Price
      [X]Performance Bond100% of Contract Value
      [X]Payment Bond100% of Contract Value
      [X]Maintenance Bond100% of Contract Value

      ENVIRONMENTAL DEMOLITION COVERAGE AND BOND REQUIREMENTS

       

    • MBE/SLBE GOAL

      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 AreaAfrican AmericanAsian AmericanHispanic AmericanNative AmericanWomen-OwnedWSSC Water-Approved SLBE
      Professional ServicesFULLPARTIAL 18%PARTIAL 7%PARTIAL 1%FULLFULL
      • A certified African American firm may count fully and fulfill the entire Subcontracting Goal.
      • A certified Asian American firm may count partially and fulfill 18% of the Subcontracting Goal.
      • A certified Hispanic American firm may count partially and fulfill 7% of the Subcontracting Goal.
      • A certified Native American firm may count partially and fulfill 1% of the Subcontracting Goal.
      • A certified Women-Owned firm may count fully and fulfill the entire Subcontracting Goal.
      • A certified WSSC Water-approved SLBE firm may count fully and fulfill the entire Subcontracting Goal.

      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.

    • WARRANTY
      1. The Contractor shall expressly represent, warrant, and agree that all goods, equipment, machinery, materials, services, or work provided or performed on or off Commission premises relative to this Contract will:
        1. Conform in all respects to the Commission's specifications, drawings, requirements, or other descriptions.
        2. Be fit for the purpose or purposes of intended use.
        3. Conform to all applicable local, state, and federal laws and regulations.
        4. Be of good quality, merchantable, of good workmanship, or material best suited for the intended
          purposes, and free from defects of any kind or nature whatsoever.
        5. If said equipment, material, service, or work is found to be defective in workmanship, materials or design, fails or is found to be non-conforming with the terms and conditions of this Contract, within 12 months after the date of acceptance, it shall, at the Commission's option, be repaired or replaced at the Commission's location by the Contractor at absolutely no cost to the Commission.
        6. All items delivered or supplied hereunder will be free and clear of all liens, encumbrances, claims, and security interests of whatever nature and substance. Upon request, the Contractor shall supply the Commission with documentation satisfactory to it, evidencing the absence of such liens, encumbrances, claims, and security interests.
      2. The warranty period shall begin upon final acceptance of the work.
    • BIDDER/OFFEROR QUALIFICATIONS
      1. Performance Capability A Bidder/Offeror shall be responsible and have the capability to properly perform the work described in the Contract Documents, and shall have the necessary expertise, manpower, equipment, capacity and sufficient financial resources to execute the work described in the Contract Documents properly within the time specified.

      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.

    • ADMINISTRATION OF THE MBE AND SLBE PROGRAMS

      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.

    • RIGHT TO AUDIT
      1. In accordance with Procurement Regulation §4-602, the CONSULTANT agrees to maintain books, accounts, records, documents and other evidence directly pertinent to the performance of this Contract in accordance with generally accepted accounting principles and practices consistently applied. (The foregoing constitutes "records" for purposes of this Contract).
      2. In accordance with Procurement Regulation §4-603, the CONSULTANT'S facilities and plants, or such part thereof as may be engaged in the performance of this Contract, and records shall be subject at all reasonable times to audit, examination, inspection or reproduction by the COMMISSION, the State of Maryland, or any of their authorized representatives.
      3. The CONSULTANT shall preserve and make available its records until the expiration of five (5) years after the Contract expiration date or after the acceptance of Work, whichever is last, or by other provisions of this Contract, or by (1) or (2) as follows:
        1. If the Contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of five (5) years from the date of any resulting final settlement.
        2. Records which relate to appeals or disputes, litigation, or settlement of claims arising out of the performance of this Contract shall be retained until final disposition of such appeals, litigation, or claims. The CONSULTANT shall insert the substance of this section in each subcontract issued as a result of this Contract.
    • BONDS AND INSURANCE

      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.

    • SUSPENSION OF SERVICES
      1. The COMMISSION may at any time, suspend, delay, interrupt, or stop the performance of any or all of the services by written notice to the CONSULTANT. At the Commission's discretion, in the event of such suspension of services, all allowable costs which are deemed by the parties hereto as reasonably and necessarily incurred by the CONSULTANT in suspending the services shall be paid by the COMMISSION, including all costs incurred during the period of suspension and additional costs incurred in reactivating the services. Such payment shall not duplicate costs included under any prior progress payments. The CONSULTANT must itemize the costs involved, provide satisfactory documentation as required by the COMMISSION, and must demonstrate that such services as were provided during the suspension were in direct support of overall services to be performed. Both parties also recognize that the COMMISSION may impliedly suspend the services by delays in its review, comment and action on the submitted data, plans, reports, and other documents transmitted to the COMMISSION and for which there shall be no additional compensation.
      2. The COMMISSION's right to suspend this Contract is in addition to and not in substitution for the COMMISSION's right to terminate as stated herein.
    • NON-DISCRIMINATION POLICY

      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.

    • MBE/SLBE GOAL

      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 AreaAfrican AmericanAsian AmericanHispanic AmericanNative AmericanWomen-OwnedWSSC Water-Approved SLBE
      A&EFULLPARTIAL 18%PARTIAL 7%PARTIAL 1%FULLFULL
      • A certified African American firm may count fully and fulfill the entire Subcontracting Goal.
      • A certified Asian American firm may count partially and fulfill 18% of the Subcontracting Goal.
      • A certified Hispanic American firm may count partially and fulfill 7% of the Subcontracting Goal.
      • A certified Native American firm may count partially and fulfill 1% of the Subcontracting Goal.
      • A certified Women-Owned firm may count fully and fulfill the entire Subcontracting Goal.
      • A certified WSSC Water-approved SLBE firm may count fully and fulfill the entire Subcontracting Goal.

      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.

    • PAYMENT
      1. Payment will be made by Automated Clearing House (ACH) or by WSSC's Procurement Credit Card for the total number of items contained in each delivery (shipment) within 30 days after the shipment has been received, inspected, and accepted by the Commission.
      2. Payment will not be made for any material in any given delivery (shipment) until the materials have been properly accounted for as to the quantity, compliance, and acceptance by the Commission in accordance with this Contract. Prompt payment discounts, if any, shall be applicable from the date of acceptance of the materials or the date of receipt of the invoice, whichever is later. Payment will be made upon receipt of a properly executed invoice(s) and in accordance with the provisions of this Contract.
      3. Invoices shall reference the Master Delivery Release, and/or Purchase Order number, be submitted in duplicate based on the appropriate unit prices named in the Bid and addressed as follows:

        Washington Suburban Sanitary Commission
        Finance/Disbursements Group
        14501 Sweitzer Lane, 11th Floor
        Laurel, Maryland 20707-5902
    • FACILITIES

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [X]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = 100% of the Contract Value
      [ ]9. Installation FloaterInsurable Value = 100% of the Contract Value
      Other Insurance Required: 

      Types of Bonds

      [X]Bid Guarantee5% of Bid Price
      [X]Performance Bond100% of Contract Value
      [X]Payment Bond100% of Contract Value
      [X]Maintenance Bond100% of Contract Value

      FACILITIES - NEW & UPGRADES, DEMOLITION COVERAGE AND BOND REQUIREMENTS

       

    • MBE/SLBE GOAL

      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.

    • MBE and SLBE PROGRAMS DETERMINATION OF GOOD FAITH EFFORTS (SUMMARY)

      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:

      • 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)

      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:
      12345678910111213Total
      5551051010151515101010125

       

      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:

      • Indicators 1, 2 and 3 credit also satisfies

      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.

      IndicatorGood Faith Efforts Criteria Summary Description
      1Evidence of ads regarding subcontracting opportunities
      2List of MBE/SLBE firms contacted
      3List of subcontracting opportunities
      4Information sent to potential subcontracting firms
      5Evidence of justifiable rejection of bid
      6Assist MBEs/SLBEs to obtain bonding and/or insurance
      7Evidence of use of WSSC Water’s Supplier Portal and the Office of Supplier Diversity & Inclusion (“OSDI”)
      8List of MBEs/SLBEs invited to bid on subcontracting work - Not available to work
      9List of MBEs/SLBEs invited to bid on subcontracting work - Did not respond to IFB
      10List of MBEs/SLBEs invited to bid on subcontracting work - Not low acceptable bid or fiscally sound
      11List of selected portions of subcontracting work
      12Evidence that MBEs/SLBEs were invited to meetings
      13Evidence 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.

    • METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS
      1. Bidders are advised that the prices, terms, and conditions of any Contract resulting from this Invitation for Bids will be extended, subject to bidder approval, to any of the members of the Metropolitan Washington Council of Governments Purchasing Group. Bidders shall indicate in the appropriate space whether they will extend the resultant Contract to any or all of the members of the Metropolitan Washington Council of Governments Purchasing Group on the attached page.
    • SEWER WATER

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [X]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = 100% of the Contract Value
      [ ]9. Installation FloaterInsurable Value = 100% of the Contract Value
      Other Insurance Required: 

      Types of Bonds

      [X]Bid Guarantee5% of Bid Price
      [X]Performance Bond100% of Contract Value
      [X]Payment Bond100% of Contract Value
      [X]Maintenance Bond100% of Contract Value
      [X]Prevailing Wage Statute Bond100% of Contract Value

      WATER MAIN REPLACEMENT, TRANSMISSION MAIN, METER VAULT, STREET REPAIRS COVERAGE AND BOND REQUIREMENTS

       

    • MBE/SLBE GOAL

      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.

    • MBE/SLBE GOAL

      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.

    • PROTESTS

      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.

      1. Right To Protest Any actual or prospective Bidder or Offeror who is aggrieved in connection with a Solicitation or an award of a Contract may protest to the Chief Procurement Officer. The protest shall be in writing and filed with the Office of the Chief Procurement Officer within seven (7) days after such aggrieved person knows or should have known of the facts giving rise to the protest. A protest shall be considered untimely if it is not received by the Office of the Chief Procurement Officer within the time period stated above. A Bidder or Offeror is aggrieved only if the Bidder or Offeror can demonstrate that, should the protest be sustained, the Bidder or Offeror may be eligible for the award.

      2. Form Of Protest The written protest shall include, at a minimum, the following: (a) name and address of the protestor, (2) Solicitation or Contract number, (3) statement of reasons for the protest, and (4) supporting exhibits, evidence, or documents to substantiate any claims.

      3. Filing Fee The filing fee for a protest is ONE THOUSAND DOLLARS ($1,000.00). The filing fee shall be paid in the form of a check payable to the Washington Suburban Sanitary Commission. If the protest is sustained by the Chief Procurement Officer, the protester will be entitled to a refund of the filing fee. A PROTEST SHALL BE CONSIDERED UNTIMELY IF THE FILING FEE IS NOT RECEIVED BY THE PROCUREMENT OFFICE WITHIN THE TIME LIMITATIONS TO FILE A PROTEST.

      4. Authority To Resolve Protests The Chief Procurement Officer, after consultation with the General Counsel's Office, shall have the authority, before the commencement of an action in court concerning the controversy, to settle and resolve a protest of an aggrieved Bidder or Offeror concerning the Solicitation or award of a contract.

      5. Award Of A Contract During A Protest In the event of a timely protest, the Commission shall not proceed further with a Solicitation or with the award of a contract until after a written decision on the protest has been issued by the Chief Procurement Officer, unless the Chief Procurement Officer, after consultation with the General Counsel's Office and the appropriate using department, determines in writing that awarding a contract without delay is necessary to protect the interests of the Commission.

      6. Final Decision If the protest is not resolved by mutual agreement, the Chief Procurement Officer must adjudicate the protest on the record and issue a final written decision within twenty-one (21) days of receiving the protest. The decision must: (a) state the reasons for the action taken and (2) inform the Bidder or Offeror of its right to appeal the written decision.

      7. Appeal To Court The aggrieved Bidder or Offeror may appeal the written decision of the Chief Procurement Officer to the Circuit Court for Montgomery County or the Circuit Court for Prince George's County under the Maryland Rules governing administrative mandamus actions.

      8. Entitlement To Bid Preparation Costs If a protest is sustained by the Chief Procurement Officer and the protesting Bidder or Offeror should have been, but was not, awarded the contract under the Solicitation, the aggrieved Bidder or Offeror shall be entitled to the reasonable costs incurred in connection with the Solicitation, including bid preparation costs. The aggrieved Bidder or Offeror shall not be entitled to recover any attorneys' fees incurred in connection with the Solicitation or protest.
    • INTERPRETATION
      1. In the interest of brevity, this Contract frequently omits modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. The term "days" as used in this Contract shall mean calendar days as defined by with WSSC Code of Regulations, Title 6, Chapter 6.15.050(s). The headings contained in this Contract are inserted only for ease of reference and are not meant to and shall not define, limit, or in any way affect the terms and provisions set forth therein. Each of the parties acknowledges that this is a fair Contract and is not the result of fraud, duress or undue influence exercised upon it by any person or entity. Each party acknowledges that it has read this Contract, has participated in its negotiation, understands its contents, and has had the opportunity to obtain the assistance of legal counsel of its choice.
    • POSSIBLE SUBCONTRACTING OPPORTUNITIES

      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

    • CONTRACT SOLE AGREEMENT
      1. This Contract constitutes the sole and entire agreement with the Contractor for the Work to be performed.
    • POSSIBLE SUBCONTRACTING OPPORTUNITIES

      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

    • TRADES

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [X]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = 100% of the Contract Value
      [ ]9. Installation FloaterInsurable Value = 100% of the Contract Value
      Other Insurance Required: 

      Types of Bonds

      [X]Bid Guarantee5% of Bid Price
      [X]Performance Bond100% of Contract Value
      [X]Payment Bond100% of Contract Value
      [X]Maintenance Bond100% of Contract Value

      TRADES: ELECTRICAL, PLUMBING, HVAC, WELDING COVERAGE AND BOND REQUIREMENTS

       

    • SOLICITATION CANCELLATION

      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.

    • POSSIBLE SUBCONTRACTING OPPORTUNITIES

      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

    • MBE/SLBE PROGRAMS - RFP/IFB SUBMITTALS

      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.

    • ASSIGNMENT
      1. This Agreement is binding on the heirs, successors, and assigns of the parties hereto. In accordance with WSSC Code of Regulations, Title 6, Chapter 6.15.240(a) this Agreement is not assignable without the written consent of the Chief Procurement Officer.
    • CONTRACT AWARD
      1. Construction Contracts or Design/Build Contracts (Competitive Sealed Bidding) Contracts for construction or design/build using a competitive sealed bidding procurement will be awarded in accordance with MD. Code Ann., Pub. Util. § 20-105(b).

      2. Construction Contracts or Design/Build Contracts (Competitive Sealed Proposals) Contracts for construction or design/build using a competitive sealed proposals procurement will be awarded in accordance with MD. Code Ann., Pub. Util. § 20-105(c).

      3. Other Contracts (Competitive Sealed Bidding) Contracts that are not for construction or design/build using a competitive sealed bidding procurement will be awarded in accordance with Procurement Regulations, WSSC Code of Regulations, Title 6, Chapter 6.15.310.

      4. Other Contracts (Competitive Sealed Proposals) Contracts that are not for construction or design/build using a competitive sealed proposals procurement will be awarded in accordance with Procurement Regulations, WSSC Code of Regulations, Title 6, Chapter 6.15.320.
    • WATER MAINS

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [X]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = 100% of the Contract Value
      [ ]9. Installation FloaterInsurable Value = 100% of the Contract Value
      Other Insurance Required: 

      Types of Bonds

      [X]Bid Guarantee5% of Bid Price
      [X]Performance Bond100% of Contract Value
      [X]Payment Bond100% of Contract Value
      [X]Maintenance Bond100% of Contract Value

      WATER MAIN REPLACEMENT, TRANSMISSION MAIN, METER VAULT, STREET REPAIRS COVERAGE AND BOND REQUIREMENTS

       

    • SEVERABILITY
      1. If any term or provision of this Contract, or the application thereof to any person or circumstance, shall be invalid or unenforceable to any extent, the remainder of this Contract or the application of this Contract to persons or circumstances other than those against whom or which such term or provision is invalid or unenforceable, shall not be affected thereby; and each term and provision of this Contract shall be valid and enforceable to the fullest extent permitted by applicable laws.
    • ADMINISTRATION OF THE MBE AND SLBE PROGRAMS

      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.

    • ADMINISTRATION OF THE MBE AND SLBE PROGRAMS

      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.

    • ADMINISTRATION OF THE MBE AND SLBE PROGRAMS

      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.

    • SUBCONTRACTING AND SUPPLIER COMPLIANCE REPORTING

      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.

    • SUBCONTRACTING OR ASSIGNMENT

      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.

    • NON-DISCRIMINATION POLICY

      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.

    • WSSC’S AUDIT 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.

    • NON-DISCRIMINATION POLICY

      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.

    • NON-DISCRIMINATION POLICY

      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.

    • ENVIRONMENTAL HAZMAT WASTE SERVICES

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [X]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = 100% of the Contract Value
      [ ]9. Installation FloaterInsurable Value = 100% of the Contract Value
      Other Insurance Required: 

      Types of Bonds

      [X]Bid Guarantee5% of Bid Price
      [X]Performance Bond100% of Contract Value
      [X]Payment Bond100% of Contract Value
      [X]Maintenance Bond100% of Contract Value

      ENVIRONMENTAL HAZMAT WASTE SERVICES COVERAGE AND BOND REQUIREMENTS

       

    • UNIFORM COMMERCIAL CODE (UCC) APPLICATION

      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.

    • EXECUTION AND ACCEPTANCE OF A CONTRACT

      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 THIRD PARTY RIGHTS
      1. Nothing in this Contract shall be deemed to create a joint venture or partnership between the COMMISSION and the CONSULTANT; nor shall anything contained in this be deemed to give any third party any claim or right of action against the COMMISSION or the CONSULTANT; nor shall anything contained in this Contract be deemed to cause the CONSULTANT to become the agent of the COMMISSION or to otherwise alter the CONSULTANT'S independent CONSULTANT relationship with the COMMISSION.
    • MBE and SLBE PROGRAMS DETERMINATION OF GOOD FAITH EFFORTS (SUMMARY)

      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:

      • 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)

      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:
      12345678910111213Total
      5551051010151515101010125

       

      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:

      • Indicators 1, 2 and 3 credit also satisfies

      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.

      IndicatorGood Faith Efforts Criteria Summary Description
      1Evidence of ads regarding subcontracting opportunities
      2List of MBE/SLBE firms contacted
      3List of subcontracting opportunities
      4Information sent to potential subcontracting firms
      5Evidence of justifiable rejection of bid
      6Assist MBEs/SLBEs to obtain bonding and/or insurance
      7Evidence of use of WSSC Water’s Supplier Portal and the Office of Supplier Diversity & Inclusion (“OSDI”)
      8List of MBEs/SLBEs invited to bid on subcontracting work - Not available to work
      9List of MBEs/SLBEs invited to bid on subcontracting work - Did not respond to IFB
      10List of MBEs/SLBEs invited to bid on subcontracting work - Not low acceptable bid or fiscally sound
      11List of selected portions of subcontracting work
      12Evidence that MBEs/SLBEs were invited to meetings
      13Evidence 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.

    • EQUIPMENT INSTALLATION & MAINTENANCE

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [X]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = 100% of the Contract Value
      [ ]9. Installation FloaterInsurable Value = 100% of the Contract Value
      Other Insurance Required: 

      OFFICE/PRODUCTION MAINTENANCE/INSTALL COVERAGE REQUIREMENTS

       

    • FORCE MAJEURE
      1. Neither party shall be considered in default in the performance of its obligations hereunder to the  extent that performance of such obligations is delayed, hindered or prevented by any cause which is  beyond the reasonable control of such party (hereinafter called "Force Majeure"). Force Majeure includes but is not limited to any of the following if reasonably beyond the control of the party claiming Force Majeure: war (declared or undeclared), blockages, hostilities, revolutions, riots, strikes, lockouts or other labor disturbances, epidemics, fires, storms, delays or interruptions in transportation, or any laws, regulations or ordinances of any government, governmental agency or court having or claiming to have jurisdiction over any part of the services, including laws, regulations or ordinance pertaining to the protection of the environment, or obtaining permits required by any such government, governmental agency or court, or any other cause (whether or not of kinds specifically mentioned herein) that is not reasonably within the control of the party claiming Force Majeure. In accordance with WSSC Code of Regulations, Title 6, Chapter 6.15.580(b), the CONSULTANT shall file with designated Contract Administrator any claims that arise from a Force Majeure event.
    • DETERMINATION OF COMMERCIALLY USEFUL FUNCTION

      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.

    • MBE and SLBE PROGRAMS DETERMINATION OF GOOD FAITH EFFORTS (SUMMARY)

      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:

      • 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)

      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:
      12345678910111213Total
      5551051010151515101010125

       

      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:

      • Indicators 1, 2 and 3 credit also satisfies

      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.

      IndicatorGood Faith Efforts Criteria Summary Description
      1Evidence of ads regarding subcontracting opportunities
      2List of MBE/SLBE firms contacted
      3List of subcontracting opportunities
      4Information sent to potential subcontracting firms
      5Evidence of justifiable rejection of bid
      6Assist MBEs/SLBEs to obtain bonding and/or insurance
      7Evidence of use of WSSC Water’s Supplier Portal and the Office of Supplier Diversity & Inclusion (“OSDI”)
      8List of MBEs/SLBEs invited to bid on subcontracting work - Not available to work
      9List of MBEs/SLBEs invited to bid on subcontracting work - Did not respond to IFB
      10List of MBEs/SLBEs invited to bid on subcontracting work - Not low acceptable bid or fiscally sound
      11List of selected portions of subcontracting work
      12Evidence that MBEs/SLBEs were invited to meetings
      13Evidence 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.

    • MARYLAND PUBLIC INFORMATION ACT NOTICE

      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.

       

    • PATENTED DEVICES, MATERIALS AND PROCESSES
      1. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by a suitable legal agreement with the patentee or owner, and a copy of such agreement shall be filed with the Commission.  The Contractor shall pay all applicable royalties and license fees.  He shall defend all suits or claims for infringement of any patent right and hold the Commission harmless from loss on account thereof, except that the Commission will be responsible for any such loss when a particular process, design, or the product of a particular manufacturer or manufacturers, as specified, is an infringement of a patent.
    • MBE and SLBE PROGRAMS DETERMINATION OF GOOD FAITH EFFORTS (SUMMARY)

      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:

      • 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)

      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:
      12345678910111213Total
      5551051010151515101010125

       

      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:

      • Indicators 1, 2 and 3 credit also satisfies

      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.

      IndicatorGood Faith Efforts Criteria Summary Description
      1Evidence of ads regarding subcontracting opportunities
      2List of MBE/SLBE firms contacted
      3List of subcontracting opportunities
      4Information sent to potential subcontracting firms
      5Evidence of justifiable rejection of bid
      6Assist MBEs/SLBEs to obtain bonding and/or insurance
      7Evidence of use of WSSC Water’s Supplier Portal and the Office of Supplier Diversity & Inclusion (“OSDI”)
      8List of MBEs/SLBEs invited to bid on subcontracting work - Not available to work
      9List of MBEs/SLBEs invited to bid on subcontracting work - Did not respond to IFB
      10List of MBEs/SLBEs invited to bid on subcontracting work - Not low acceptable bid or fiscally sound
      11List of selected portions of subcontracting work
      12Evidence that MBEs/SLBEs were invited to meetings
      13Evidence 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.

    • MBE/SLBE PROGRAMS - RFP/IFB SUBMITTALS

      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.

    • BRIBES
      1. A bribe or attempt to bribe any employee or officer of the COMMISSION by the CONSULTANT shall be considered a fraudulent and bad faith act, and shall thus empower the COMMISSION to invoke its rights and the Contract may be declared null and void pursuant to WSSC Code of Regulations, Title 6, Chapter 6.15.570.
    • FORMS CHECKLIST

      Guidelines

        1. Bidders and proposers are prohibited from requiring prospective subcontractor(s) or supplier(s) pre-signed with ink or a pre-signed photocopy of blank Certification Forms.
        2. Bidders and proposers are prohibited from maintaining on file pre-signed by prospective subcontractor(s) or supplier(s) blank Certification Forms.
        3. All forms must include two (2) authorized signatures.
          1. Use the applicable mandatory form and complete and submit at the time of bid a signed Certification Form for the applicable contract.
          2. Complete and submit at the time of bid a signed Non-Discrimination Declaration and Good Faith Efforts Affidavit.
          3. If requesting a waiver, complete and submit with applicable documentation at the time of bid a signed Unavailability Form.
          4. If requesting a waiver, complete and submit with applicable documentation at the time of bid a signed Subcontractors and Suppliers Summary Contact Form.

      Checklist

      • Non-Discrimination Declaration – Required with all proposals
      • Good Faith Efforts Affidavit – Required with all proposals
      • Subcontracting and Supplier Certification Form
      • MBE/SLBE Unavailability – Required if submitting a waiver request
      • All Subcontractor and Supplier Summary Contact – Optional submission
    • MBE/SLBE PROGRAMS - RFP/IFB SUBMITTALS

      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.

    • FLEET SERVICES

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [X]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = 100% of the Contract Value
      [ ]9. Installation FloaterInsurable Value = 100% of the Contract Value
      Other Insurance Required: 

      FLEET SERVICES COVERAGE REQUIREMENTS

       

    • MBE/SLBE PROGRAMS - RFP/IFB SUBMITTALS

      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.

    • CHANGE ORDERS
      1. The Chief Procurement Officer may, at any time, without prior consent of the Contractor, and without notice to sureties, by written order designated or indicated to be a change order, make any change in the work within the general scope of this Contract.
      2. If the Contractor intends to assert a claim for additional compensation or extension of time for completion of the Contract as a result of a change order being issued, the Contractor shall submit a Claim in accordance with WSSC Code of Regulations, Title 6, Chapter 6.15.580(b).
      3. However, nothing in this General Condition shall excuse the Contractor from proceeding with the Contract as changed. By proceeding with the work, the Contractor shall not be deemed to have prejudiced any claim for additional compensation or an extension of time for completion.
    • SUBCONTRACTING AND SUPPLIER COMPLIANCE REPORTING

      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.

    • COVENANT AGAINST CONTINGENCY FEES
      1. The undersigned person authorized to execute this proposal on behalf of the firm or corporation offering services hereunder, warrants that he or she or any member of the contracting firms has not employed or retained any representative, individual or firm, other than a bona fide employee working solely for the contracting professional or firm to solicit or secure any contracts hereunder and furthermore warrants that there has not been any payment or promise or agreement to pay anyone a fee, COMMISSION, percentage, gift, or any other consideration contingent upon or resulting from the award of this Contract under this proposal.
      2. For the breach or violation of this provision, the COMMISSION shall have the right to terminate any Contract resulting from this proposal without liability and, at its discretion, deduct from the Contract price or otherwise recover the full amount or the value of such fee, COMMISSION, percentage, gift, or consideration. This right of recovery by the COMMISSION shall not be a bar to any charges or violations of any federal, state or local law brought before a court of competent jurisdiction by any party, including the COMMISSION.
    • SUBCONTRACTING AND SUPPLIER COMPLIANCE REPORTING

      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.

    • CERTIFICATION FORMS

      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

    • CLAIMS
      1. Any Claim by the Contractor against the Commission arising under or relating to this Contract shall be filed and adjudicated in accordance with the requirements and procedures outlined in WSSC Code of Regulations, Title 6, Chapter 6.15.580(b).
      2. Any Claim by the Commission against the Contractor arising under or relating to this Contract shall be filed in the federal or state courts located in Prince George's County, Maryland, or Montgomery County, Maryland. However, the Commission may assert any set-off amount in any claim filed by the Contractor against the Commission.
      3. This Contract and any Claim arising under or relating to it shall be governed in accordance with the law of the State of Maryland.
      4. The Contractor shall diligently carry on the Work and maintain the progress schedule during any dispute, appeal, or court proceeding arising from or related to a Claim.
      5. No claim by the Contractor shall be allowed if asserted after final payment under this Contract
    • SUBCONTRACTING AND SUPPLIER COMPLIANCE REPORTING

      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.

    • FUEL MANAGEMENT SYSTEMS

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [X]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = 100% of the Contract Value
      [ ]9. Installation FloaterInsurable Value = 100% of the Contract Value
      Other Insurance Required: 

      FUEL MANAGEMENT SYSTEMS COVERAGE

       

    • GROUNDS & FACILITY MAINTENANCE

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [X]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = 100% of the Contract Value
      [ ]9. Installation FloaterInsurable Value = 100% of the Contract Value
      Other Insurance Required: 

      Types of Bonds

      [X]Bid Guarantee5% of Bid Price
      [X]Performance Bond100% of Contract Value
      [X]Payment Bond100% of Contract Value
      [X]Maintenance Bond100% of Contract Value

      GROUNDS & BLDG. MAINTENANCE, PRODUCTION FACILITIES, MAINTENANCE COVERAGE, AND BOND REQUIREMENTS

       

    • MATERIAL AND WORKMANSHIP
      1. All equipment, materials, and components incorporated into the work covered by this Contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this Contract. References in the specifications to equipment, materials, articles, or patented processes by trade name, make, or catalog number shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, as his option, use any equipment, material, article, or process that, in the judgment of the Chief Procurement Officer, is equal to that named in the specifications, unless otherwise specifically provided in this Contract.
      2. All work under this Contract shall be performed in a workmanlike manner. The Chief Procurement Officer may require, in writing, that the Contractor remove from work any employee the Chief Procurement Officer deems incompetent, careless, or otherwise objectionable.
    • WSSC’S AUDIT 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.

    • WSSC’S AUDIT 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.

    • WSSC’S AUDIT 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.

    • SUBCONTRACTING
      1. The CONSULTANT shall not award work to sub-consultants in excess of 49 percent of the Contract value.
      2. The CONSULTANT shall report the use of subcontractors, manufacturers, and suppliers during the course of the Contract as set forth in the Contract Documents.
      3. The CONSULTANT shall be fully responsible to the COMMISSION for the acts and omissions of the CONSULTANT'S subcontractors, manufacturers, suppliers, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.
      4. The CONSULTANT shall be fully responsible for the coordination of the work of the trades, subcontractors, manufacturers and suppliers, and their officers, agents, and employees.
      5. The CONSULTANT shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bond subcontractors to the CONSULTANT by the terms of the Contract Documents insofar as applicable to the Work of subcontractors and to give the CONSULTANT the same power as regards terminating any subcontract that the COMMISSION may exercise over the CONSULTANT under any provision of the Contract Documents.
      6. Nothing contained in the Contract Documents shall create any contractual arrangement between any subcontractor and the COMMISSION.
      7. The Commission will require all CONSULTANTS to report subcontractor/supplier payments on a monthly basis utilizing the WSSC's Web-Based Compliance System. The CONSULTANT shall enter all payment information within 30 days of receipt of payment from WSSC until final payment, and the subcontractor(s)/supplier(s) shall validate payment received within 30 days of receipt of payment from the CONSULTANT until final payment. Instructions on entering data are located on WSSC's website at: http://www.wsscwater.com/home/jsp/content/slmbe-program.faces.
      8. Failure to report payments on WSSC's Web-Based Compliance System, as described above, will result in delay in payment(s). Final payment may not be made until all subcontractor payment(s) are reported and verified.
      9. Failure to comply with the requirements herein will be considered in the evaluation of the CONSULTANT'S responsibility in performing future contracts.
      10. No additional compensation will be allowed for meeting the requirements of this section. Questions concerning WSSC's Web-Based Compliance System shall be directed to the SLMBE Office at 301- 206-8800 or email at wsscwebcompliance@wsscwater.com.
    • INDEMNIFICATION AGREEMENTS
      1. GENERAL LIABILITY: The CONSULTANT shall defend, indemnify and save harmless the COMMISSION from any and all suits, claims, actions, damages or costs of every name and description, including reasonable attorney's fees to which the COMMISSION may be subject, including but not limited to any suit, claim, or action alleging injury to persons (bodily injury, including death, or any personal injury) or property damage as a result of the Work, caused or alleged to be caused by the negligence or willful acts of misconduct on the part of the CONSULTANT, their servants or agents, (other than arising out of CONSULTANT'S professional services). Monies to become due the CONSULTANT under the Contract as may be considered necessary by the COMMISSION shall be retained by the COMMISSION until such suits or claims for damages shall have been settled or until the CONSULTANT furnishes to the COMMISSION satisfactory evidence of insurance coverage with respect to such suits or claims or post a bond in the amount of the dispute in a form satisfactory to the COMMISSION.
      2. PROFESSIONAL LIABILITY: The CONSULTANT shall defend, indemnify and save harmless the COMMISSION from any and all suits, claims, actions, damages or costs of every name and description, including reasonable attorneys' fees to which the COMMISSION may be subject, including but not limited to any suit, claim or action alleging injury to persons (bodily injury, including death, or any personal injury) or property damage as a result of CONSULTANT'S professional services, caused or alleged to be caused by the negligence or willful acts of misconduct on the part of the CONSULTANT, their servants or agents. The COMMISSION shall retain monies owed the CONSULTANT until such suits or claims for damages shall have been settled or until the CONSULTANT furnishes to the COMMISSION satisfactory evidence of insurance coverage with respect to such suits or claims or post a bond in the amount of the dispute in a form satisfactory to the COMMISSION.
      3. Monies due or to become due the CONSULTANT under the Contract as may be considered necessary by the COMMISSION shall be retained by the COMMISSION until such suits or claims for damages shall have been settled or otherwise disposed of or satisfactory evidence to that effect has been furnished to the COMMISSION.
    • INVENTORY

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [ ]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = 100% of the Contract Value
      [ ]9. Installation FloaterInsurable Value = 100% of the Contract Value
      Other Insurance Required: 

      INVENTORY MATERIALS & SUPPLY, JOB-SITE MATERIALS & SUPPLY, OFFICE EQUIP. COVERAGE

       

    • TAXES
      1. Pursuant to MD Code, Tax - General, § 11-220(a), Maryland sales and use taxes do not apply to a sale to the Commission. For purchases made directly by the Commission, the Commission will provide the Contractor with its Maryland sales and use tax exemption certificate.
    • DETERMINATION OF COMMERCIALLY USEFUL FUNCTION

      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.

    • DETERMINATION OF COMMERCIALLY USEFUL FUNCTION

      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.

    • DETERMINATION OF COMMERCIALLY USEFUL FUNCTION

      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.

    • DELAY OF WORK
      1. If the performance of all or any part of the work of this Contract is delayed or interrupted (a) by an act of the Chief Procurement Officer in the administration of this Contract that is not explicitly or implicitly authorized by this Contract, or (b) by a failure of the Chief Procurement Officer to act within the time specified in this Contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this Contract caused by the delay or interruption and the Contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other Contractual provision affected by the delay or interruption.
      2. However, no adjustment shall be made under this General Condition for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other provision of this Contract.
      3. A delay claim shall be filed according to WSSC Code of Regulations, Title 6, Chapter 6.15.580(b). A delay claim shall not be allowed (a) for any costs incurred more than twenty (20) calendar days before the Contractor shall have notified the Chief Procurement Officer in writing of the act or failure to act involved, and (b) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the Contract.
    • FORMS CHECKLIST

      Guidelines

        1. Bidders and proposers are prohibited from requiring prospective subcontractor(s) or supplier(s) pre-signed with ink or a pre-signed photocopy of blank Certification Forms.
        2. Bidders and proposers are prohibited from maintaining on file pre-signed by prospective subcontractor(s) or supplier(s) blank Certification Forms.
        3. All forms must include two (2) authorized signatures.
          1. Use the applicable mandatory form and complete and submit at the time of bid a signed Certification Form for the applicable contract.
          2. Complete and submit at the time of bid a signed Non-Discrimination Declaration and Good Faith Efforts Affidavit.
          3. If requesting a waiver, complete and submit with applicable documentation at the time of bid a signed Unavailability Form.
          4. If requesting a waiver, complete and submit with applicable documentation at the time of bid a signed Subcontractors and Suppliers Summary Contact Form.

      Checklist

      • Non-Discrimination Declaration – Required with all proposals
      • Good Faith Efforts Affidavit – Required with all proposals
      • Subcontracting and Supplier Certification Form
      • MBE/SLBE Unavailability – Required if submitting a waiver request
      • All Subcontractor and Supplier Summary Contact – Optional submission
    • OWNERSHIP RIGHTS
      1. The CONSULTANT shall vest in the COMMISSION title to all computer programs, reports, exhibits, calculations, program modifications, parameters, coding or any other products of work produced or delivered to the COMMISSION hereunder in the performance of this Contract and this material shall be the sole property of the COMMISSION and be made available to the COMMISSION immediately upon request. The COMMISSION retains the right to acquire originals, reproductions, and/or prints and copies of this material to suit its needs and purposes and to distribute this material to any agencies, firms and/or individuals. The Offeror(s) agrees neither to assert any rights at common law or equity nor to assert or establish any claim to statutory copyright or ownership in such reports.
    • TRANSPORTATION SERVICES

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [X]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = 100% of the Contract Value
      [ ]9. Installation FloaterInsurable Value = 100% of the Contract Value
      Other Insurance Required: 

      TRANSPORTATION SERVICES COVERAGE

       

    • FORMS CHECKLIST

      Guidelines

        1. Bidders and proposers are prohibited from requiring prospective subcontractor(s) or supplier(s) pre-signed with ink or a pre-signed photocopy of blank Certification Forms.
        2. Bidders and proposers are prohibited from maintaining on file pre-signed by prospective subcontractor(s) or supplier(s) blank Certification Forms.
        3. All forms must include two (2) authorized signatures.
          1. Use the applicable mandatory form and complete and submit at the time of bid a signed Certification Form for the applicable contract.
          2. Complete and submit at the time of bid a signed Non-Discrimination Declaration and Good Faith Efforts Affidavit.
          3. If requesting a waiver, complete and submit with applicable documentation at the time of bid a signed Unavailability Form.
          4. If requesting a waiver, complete and submit with applicable documentation at the time of bid a signed Subcontractors and Suppliers Summary Contact Form.

      Checklist

      • Non-Discrimination Declaration – Required with all proposals
      • Good Faith Efforts Affidavit – Required with all proposals
      • Subcontracting and Supplier Certification Form
      • MBE/SLBE Unavailability – Required if submitting a waiver request
      • All Subcontractor and Supplier Summary Contact – Optional submission
    • FORMS CHECKLIST

      Guidelines

        1. Bidders and proposers are prohibited from requiring prospective subcontractor(s) or supplier(s) pre-signed with ink or a pre-signed photocopy of blank Certification Forms.
        2. Bidders and proposers are prohibited from maintaining on file pre-signed by prospective subcontractor(s) or supplier(s) blank Certification Forms.
        3. All forms must include two (2) authorized signatures.
          1. Use the applicable mandatory form and complete and submit at the time of bid a signed Certification Form for the applicable contract.
          2. Complete and submit at the time of bid a signed Non-Discrimination Declaration and Good Faith Efforts Affidavit.
          3. If requesting a waiver, complete and submit with applicable documentation at the time of bid a signed Unavailability Form.
          4. If requesting a waiver, complete and submit with applicable documentation at the time of bid a signed Subcontractors and Suppliers Summary Contact Form.

      Checklist

      • Non-Discrimination Declaration – Required with all proposals
      • Good Faith Efforts Affidavit – Required with all proposals
      • Subcontracting and Supplier Certification Form
      • MBE/SLBE Unavailability – Required if submitting a waiver request
      • All Subcontractor and Supplier Summary Contact – Optional submission
    • CERTIFICATION FORMS

      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

    • SUSPENSION OF WORK
      1. The Commission may, at any time, suspend, delay, interrupt or stop the performance of any or all of the work of this Contract by written notice to the Contractor. Suspension of work orders shall not exceed ninety (90) calendar days and, as soon as feasible after a suspension of work order is issued, either the Contract will be terminated or the suspension of work order will be canceled or extended in writing for a reasonable time beyond the period specified in the order. If an extension of the suspension of work order is necessary, it must be evidenced by a unilateral written modification to the Contract issued by the Commission.
      2. In the event of such suspension of work for an unreasonable period of time, all allowable costs (excluding profit) which are deemed by the Chief Procurement Officer as reasonably and necessarily incurred by the Contractor in suspending the work shall be paid by the Commission, including all costs incurred during the period of suspension and additional costs incurred in reactivating the work. Such payment shall not duplicate costs included under any prior progress payments. The Contractor must (a) itemize the costs involved, (b) provide satisfactory documentation as required by the Commission, and (c) demonstrate that such work as was provided during the suspension was in direct support of overall work to be performed.
      3. Both parties also recognize that the Commission may implicitly suspend the work by reasonable delays in its review, comment and action on the submitted data, plans, reports and other documents transmitted to the Commission, for which there shall be no additional compensation.
      4. The Commission's right to suspend this Contract is in addition to and not in substitution for the Commission's right to terminate as stated herein.
    • INTELLECTUAL PROPERTY COPYRIGHT
      1. The CONSULTANT and its employees hereby irrevocably transfer, assign, and convey to the COMMISSION all rights, titles and interests, including the sole exclusive and complete copyright interest in any and all copyrightable works created pursuant to this Contract. The CONSULTANT and its employees further agree to execute such documents as the COMMISSION may request to affect such transfer or assignment.
      2. Further, the CONSULTANT and CONSULTANT'S employees agree that the rights granted to the COMMISSION by this Article are irrevocable. No termination of this Contract shall have the effect of rescinding, terminating, or otherwise invalidating the rights acquired pursuant to the provisions of this "Intellectual Property Copyright" Article.
      3. The use of Subcontractors or third parties in developing or creating input into any copyrightable materials produced as part of this Contract is prohibited unless such Subcontractors or third parties agree to include the provisions of this Article as part of any Contract they enter into with the CONSULTANT for Work or related to Work pursuant to this Contract.
      4. Notwithstanding any other provision of this Contract, each party is and shall continue to be the sole and exclusive owner of all data, materials, documentation and intellectual property rights that such party owned, created, conceived or developed prior to the date of this Contract.
    • CERTIFICATION FORMS

      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

    • FINANCIAL, IT, HR, CONSULTING

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [ ]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $1,000,000 Bodily Injury & Property Damage liability each accident
      [ ]4. Umbrella Liability$_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 RiskInsurable Value = ____% of the Contract Value
      [ ]9. Installation FloaterInsurable Value = ____% of the Contract Value
      Other Insurance Required: 

      FINANCIAL, IT PROFESSIONAL SERVICES, CONSULTING COVERAGE REQUIREMENTS

       

    • CERTIFICATION FORMS

      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

    • INSPECTIONS ASSESSMENTS

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [X]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = 100% of the Contract Value
      [ ]9. Installation FloaterInsurable Value = 100% of the Contract Value
      Other Insurance Required: 

      Types of Bonds

      [X]Bid Guarantee5% of Bid Price
      [ ]Performance Bond100% of Contract Value
      [ ]Payment Bond100% of Contract Value
      [ ]Maintenance Bond100% of Contract Value

      INSPECTION & ASSESSMENTS COVERAGE AND BOND REQUIREMENTS

       

    • DISSEMINATION OF INFORMATION
      1. The CONSULTANT shall not release any information related to the services or performance of the services under the Contract, nor publish any reports or documents related to the Contract without the prior written consent of the Contract Administrator; and
      2. The CONSULTANT shall indemnify and hold harmless the COMMISSION, its officers, agents, and employees, from any and all liability which may be incurred by reason of dissemination, publication, distribution, or circulation, in any manner whatsoever, of any information, data, documents, or materials pertaining in any way to this Contract by the CONSULTANT, his agents or employees.
      3. The CONSULTANT shall hold all materials and information belonging to the COMMISSION or the COMMISSION's agents in strictest confidence and not to make use thereof other than for the performance of contractual obligations, to release it to or disclose it to any other party. Any information of a restricted nature provided to the CONSULTANT by the Project/Contract Manager or designee in the course of Contract implementation shall be handled in accordance with restrictions placed thereon by the Project/Contract Manager. Information or documents given to, or generated by, the CONSULTANT in the course of contract implementation shall be considered restricted information and subject to handling and dissemination restrictions as specified herein and/or as specified by the Project/Contract Manager.
    • BRIBES
      1. A bribe or attempt to bribe any employee or officer of the Commission by the Contractor shall be considered a fraudulent and bad faith act, and shall thus empower the Commission to invoke its rights pursuant to WSSC Code of Regulations, Title 6, Chapter 6.15.570.
    • STAFF AUGMENTATION

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [X]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = 100% of the Contract Value
      [ ]9. Installation FloaterInsurable Value = 100% of the Contract Value
      Other Insurance Required: 


      STAFF AUGMENTATION COVERAGE REQUIREMENTS

       

    • FAILURE TO PERFORM
      1. Failure of the Contractor to (a) deliver or perform the required goods within the time specified or within a reasonable time as interpreted by the Chief Procurement Officer or (b) make replacements of rejected articles immediately or as directed by the Chief Procurement Officer shall constitute authority for the Chief Procurement Officer to purchase in the open market goods of comparable grade to replace the goods not delivered or rejected. On all such purchases, the Contractor shall reimburse the Commission within a reasonable time, as specified by the Chief Procurement Officer, for any expense incurred in excess of Contract prices, including any administrative costs.
      2. Should public necessity demand it, the Commission reserves the right to use or consume articles delivered or services performed which are substandard in quality, subject to an adjustment in price to be determined by the Chief Procurement Officer. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the Chief Procurement Officer that failure to perform this Contract was due to causes beyond the control and without the failure or negligence of the Contractor.
      3. The remedies provided in this General Condition are in addition to any other rights and remedies provided by law or under any other provisions of this Contract.
    • PATENTED DEVICES, MATERIALS AND PROCESSES
      1. If the CONSULTANT is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner and a copy of such agreement shall be filed with the COMMISSION. The CONSULTANT shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and hold the COMMISSION harmless from loss on account thereof, except that the COMMISSION will be responsible for any such loss when a particular process, design or the product of a particular manufacturer or manufacturers as specified is an infringement of a patent.
    • TERMINATION OF CONTRACT
      1. Where the Contractor's services have been terminated by the Commission, said termination shall not affect any right of the Commission against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the Commission due to the Contractor will not release the Contractor from compliance with the Contract Documents.
      2. Termination for Default
        1. The Contract may be terminated for default in accordance with WSSC Code of Regulations, Title 6, Chapter 6.15.590(c).
        2. The Commission has the right to terminate for default a material breach of the Contract which shall include but not be limited to the following events:
          1. the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for the Contractor or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws
          2. the Contractor repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment,
          3. the Contractor repeatedly fails to make prompt payments to subcontractors for labor, materials or equipment,
          4. the Contractor fails to prosecute the Work or any separable part thereof with such diligence as to endanger performance of this Contract,
          5. the Contractor fails to complete said Work within said time,
          6. the Contractor disregards laws, ordinances, rules, regulations, directions or orders of any public body having jurisdiction over the Work, or
          7. The Contractor otherwise violates any provision of the Contract Documents.
        3. After a termination for default, the Commission may acquire, under the terms and in the manner the Chief Procurement Officer considers appropriate, supplies similar to those terminated, and the Contractor will be liable to the Commission for the excess cost of those supplies. However, the Contractor shall continue the work not been terminated.
        4. All finished or unfinished supplies provided by the Contractor and not yet delivered, rendered, and accepted by the Commission shall, at the Commission's option, become the Commission's property. The Commission shall pay the Contractor compensation for satisfactory performance prior to receipt of notice of termination for default, less the amount of damages caused by the Contractor's breach. If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable after termination for default and the Commission can affirmatively collect such damages. The term "damages" as used in this paragraph includes, but is not limited to, attorney's fees of fifteen percent (15%).
        5. If the Contractor disputes the issuance of a termination for default, or the amount of compensation due the Contractor as a result of the termination of the Contract for default, the Contractor may file a timely claim under WSSC Code of Regulations, Title 6, Chapter 6.15.580(b).
        6. Termination for default under this Contract may result in debarment in accordance with WSSC Code of Regulations, Title 6, Chapter 6.15.560.
        7. The rights and remedies of the Commission in this General Condition are in addition to any other rights and remedies provided by law or under any other provision of this Contract.
      3. Termination for Convenience
        1. The Contract may be terminated for convenience in accordance with WSSC Code of Regulations, Title 6, Chapter 6.15.590(d).
        2. After receipt of a notice of termination for convenience and except as otherwise directed, the Contractor shall:
          1. stop all work on the date indicated and to the extent specified;
          2. place no further orders or subcontracts for materials, services or facilities except as necessary for the completion of such portion(s) of the work not terminated;
          3. terminate any and all vendors' and subcontractors' agreements and, with the approval of the Commission, settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts;
          4. if directed by the Commission, transfer title and deliver to the Commission the Contractor's work in process, finished supplies and other material produced or acquired for the Work terminated and any completed or partially completed plans, drawings, information and other property that, if the Contract had been completed, would be required to be furnished to the Commission. If the Commission does
            not exercise this right, the Contractor shall use his best efforts to sell such supplies and materials in accordance with the standards of Uniform Commercial Code Section 2-706; and
          5. Complete performance of the work not terminated.
        3. The Contractor shall be entitled to recover the following costs as a result of termination for convenience:
          1. the Contract price for completed supplies accepted by the Commission but not previously paid for;
          2. costs already incurred in the performance of the work terminated; fair and reasonable profit on the costs incurred in the performance of the work terminated;
          3. the reasonable costs of settlement expenses for the work terminated; and
          4. The cost of settling and paying any termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the Contract.
        4. In arriving at the amount due the Contractor, the following shall be deducted:
          1. all unliquidated, advance or other payments to the Contractor under the terminated portion of the Contract; and
          2. Any claim which the Commission has against the Contractor under this or any other Contract.
        5. If the Contractor and the Chief Procurement Officer cannot agree on the amount due the Contractor as a result of the termination for convenience, the Contractor may file a timely claim WSSC Code of Regulations, Title 6, Chapter 6.15.580(b). The Contractor does not have the right to appeal the Chief Procurement Officer's decision to terminate the Contract for convenience.
      4. Termination for Mutual Consent
        1. The Contract may be terminated by mutual consent in accordance with WSSC Code of Regulations, Title 6, Chapter 6.15.590(e).
    • CONTRACT DISPUTE RESOLUTION
      1. All claims by a CONSULTANT against WSSC which includes without limitation, controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission shall be resolved in accordance with WSSC Code of Regulations, Title 6, Chapter 6.15.580(b).
      2. The CONSULTANT shall diligently carry on the Work and maintain the progress schedule during any dispute, appeal, or court proceeding arising from or related to a Claim.
      3. No claim by the CONSULTANT shall be allowed if asserted after final payment under this Contract.
    • IT CLOUD SOFTWARE

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [ ]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = 100% of the Contract Value
      [ ]9. Installation FloaterInsurable Value = 100% of the Contract Value
      Other Insurance Required: 

      Types of Bonds

      [ ]Bid Guarantee5% of Bid Price
      [ ]Performance Bond100% of Contract Value
      [ ]Payment Bond100% of Contract Value
      [ ]Maintenance Bond100% of Contract Value

      IT CLOUD BASED SOFTWARE COVERAGE AND BOND REQUIREMENTS

       

    • GOVERNING LAW
      1. This Contract shall be governed by and construed according to the laws of the State of Maryland.
    • IT CLOUD SOFTWARE (PII)

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [ ]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = 100% of the Contract Value
      [ ]9. Installation FloaterInsurable 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

       

    • CONFLICT OF INTEREST
      1. The CONSULTANT shall be required to submit a statement in writing to the Project/Contract Manager should a conflict of interest arise during the term of this Contract.
    • DELAY OF WORK
      1. No adjustment shall be made under this General Condition for any delay or interruption to the extent that performance would have been delayed or interrupted by any cause, including the fault or negligence of the CONSULTANT, or for which an adjustment is provided or excluded under any other provision of this
        Contract.
      2. A delay claim shall be filed according to WSSC Code of Regulations, Title 6, Chapter 6.15.580(b).
    • RIGHT TO AUDIT
      1. The Commission shall have the right to audit the books and supporting documents of a contractor or any subcontractor in accordance with the WSSC Code of Regulations, Title 6, Chapter 6.15.450.
    • OTHER

      ("X" EQUALS MANDATORY)

      Coverage RequiredLimits (Figures Denote Minimums)
      [ ]1.Worker's Compensation & Employer's LiabilityStatutory 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

      1. General aggregate applies per project
      2. Premises/Operations
      3. Independent Contractors
      4. Products/Completed Operations (to apply for two years following termination of contract)
      5. Contractual Liability
      6. Personal Injury Liability
      7. Any XCU exclusions removed

      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. All Owned, Hired & Non-owned
      2. Motor Carrier Act Endorsement
      $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 RiskInsurable Value = ____% of the Contract Value
      [ ]9. Installation FloaterInsurable 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

       

    • COMPLIANCE WITH LAWS
      1. The Contractor hereby represents and warrants:
        1. that it shall comply with all Federal, State, and local laws, ordinances, rules, and regulations applicable to its activities and obligations under this Contract; and
        2. That it shall procure, at its own expense, all licenses, permits, insurance, bonding, and governmental approval, if any, necessary to the performance of its obligations under this Contract.
    • WARRANTY FOR PROFESSIONAL SERVICES
      1. The CONSULTANT acknowledges that he is aware that the professional services provided herein are furnished to the COMMISSION with the understanding that the COMMISSION, in accepting these services, relies upon the CONSULTANT's particular skill and expertise. Accordingly, the CONSULTANT warrants that the professional services provided are of a professional quality and that such services meet or exceed the prevailing practices and standards of the trade from which the services are provided.
      2. Both parties also recognize that the COMMISSION may implicitly suspend the Work by reasonable delays in its review, comment and action on the submitted data, plans, reports and other documents transmitted to the COMMISSION, for which there shall be no additional compensation.
    • MARYLAND LAW
      1. The Contractor hereby represents and warrants:
        1. that it shall comply with all Federal, State and local laws, ordinances, rules, and regulations applicable to its activities and obligations under this Contract; and 
        2. That it shall procure, at its own expense, all licenses, permits, insurance, bonding, and governmental approval, if any, necessary to the performance of its obligations under this Contract.
    • FORCE MAJEURE
      1. Neither party shall be considered in default in the performance of its obligations hereunder to the extent that performance of such obligations is delayed, hindered or prevented by any cause which is beyond the reasonable control of such party (hereinafter called "Force Majeure"). Force Majeure includes but is not limited to any of the following, if reasonably beyond the control of the party claiming Force Majeure: delays caused by the other party, war (declared or undeclared), blockades, hostilities, riots, strikes, lockouts or other labor disturbances, epidemics, fires, storms, delays or interruptions in transportation, or any laws, regulations or ordinances of any government, governmental agency or court having or claiming to have jurisdiction over any part of the Contract, or any other causes (whether or not of kinds specifically mentioned herein).  Notwithstanding anything in this Contract, Force Majeure does not include the Contractor's failure to obtain the necessary permits, licenses, exceptions, or other authorizations required to perform this Contract.
      2. Either party hereto shall give notice promptly within seven (7) calendar days of the nature and extent of any Force Majeure claimed to delay, hinder, or prevent performance under this Contract. Failure to do so shall constitute a waiver of any claim hereunder.
    • PUNITIVE DAMAGES
      1. In any action by the CONSULTANT against the COMMISSION or its agents, there shall be no liability for punitive damages.
    • PUNITIVE DAMAGES
      1. In any action by the Contractor against the Commission or its agents, there shall be no liability for punitive damages.
    • PUBLIC INFORMATION ACT NOTICE
      1. The Commission is subject to the Maryland Public Information Act. Contractors 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.
    • ABUSE, USE, SALE OR POSSESSION OF DRUGS OR INTOXICANTS
      1. The use, possession, sale or distribution of drugs or intoxicants by the CONSULTANT, sub-consultant, or any of their employees while on COMMISSION premises or while actively representing or performing Work for the COMMISSION is prohibited. It shall be the responsibility of the CONSULTANT to prevent such activities and to remove any employee or sub-consultant employee whose ability to perform appears to be affected by the use of drugs or intoxicants. Failure of the CONSULTANT to comply with this provision may result in termination of the Contract.
    • SMOKING
      1. It shall be the responsibility of the CONSULTANT to observe the conditions of the COMMISSION's Smoking Policy within COMMISSION-operated facilities and within COMMISSION-owned motor vehicles. The Project/Contract Manager will indicate to the CONSULTANT the restricted areas. Failure to comply with the provisions of the policy may result in removal of the CONSULTANT's employees or termination of the Contract.
    • CONTRACTOR ABUSE, USE, SALE OR POSSESSION OF DRUGS OR INTOXICANTS
      1. The use, possession, sale, or distribution of drugs or intoxicants by the Contractor, Subcontractor, or any of their employees while on Commission premises or while actively representing or performing work for the Commission is prohibited. It shall be the responsibility of the Contractor to prevent such activities and to remove any employee or subcontractor employee whose ability to perform appears to be affected by the use of drugs or intoxicants. Failure of the Contractor to comply with this provision may result in termination of the Contract.
    • SMOKING
      1. It shall be the responsibility of the Contractor to observe the conditions of the Commission's Smoking Policy within Commission-operated facilities and within Commission-owned motor vehicles. The Project Manager will indicate to the Contractor the restricted areas. Failure to comply with the provisions of the policy may result in the removal of the Contractor's employees or the termination of the contract.
    • LEGAL ADDRESS
      1. The address given in the Proposal shall be the legal address of the CONSULTANT. Changes to the CONSULTANT's legal address may be changed at any time by notice in writing delivered to the Chief Procurement Officer. The mailing of any notice to this legal address, postage pre-paid to the CONSULTANT, shall be deemed to be a legal and sufficient service upon the CONSULTANT.
    • SECURITY
      1. The CONSULTANT's employees shall be issued photo identification cards. Identification cards must be worn at all times while on any COMMISSION property. CONSULTANT employees found on-site without proper identification will be immediately removed from COMMISSION property. Identification cards for employees who are no longer associated with the project, for any reason, will be immediately recovered by the CONSULTANT and returned to the Project/Contract Manager. The CONSULTANT is responsible to control and inventory all identification cards issued so that cards are not obtained or used by unauthorized individuals. All cards must be returned to the Project/Contract Manager at the conclusion of this Contract.
      2. All project participants needing either electronic or hardcopy documents dealing with critical facilities or sensitive information will be required to make application with, and receive approval from the COMMISSION prior to receiving this information. Permission to receive said documents (herein referred to as "sensitive") will pertain only to the individual approved. Sensitive documents received from the COMMISSION must be handled consistent with the terms of non-disclosure required for application. CONSULTANT is responsible to restrict use of sensitive documents to project participants only and shall take appropriate measures to prevent distribution of sensitive documents to anyone inside or outside of the Consultant's company except Consultant's project participants. After completion of project, all sensitive documents remaining in the Consultant's possession shall continue to be governed under the terms of nondisclosure and must continue to be stored in a secure manner.
    • LEGAL ADDRESS
      1. The address given in the Bid shall be the legal address of the Contractor. Such address may be changed at any time by notice in writing delivered to the Chief Procurement Officer. The mailing of any notice to this legal address, postage prepaid to the Contractor, shall be deemed to be a legal and sufficient service upon the Contractor.
    • AUTHORIZATION
      1. The CONSULTANT warrants, represents, and covenants that the execution and delivery of this Contract has been duly authorized by all requisite corporate or partnership action of the CONSULTANT and that the persons so executing and delivering this Contract on behalf of the CONSULTANT are duly authorized to do so.
    • SECURITY
      1. The Commission will require the Contractor to submit background investigations on all employees, including subcontractor's employees, who will be performing work on this Contract. The Commission has retained the services of a background investigation agency to perform such investigations. The background investigations shall include work, driving, and criminal history. All employees, including subcontractor's employees, working on this Contract shall submit a completed Applicant Release & Authorization Form to the background investigation agency within seven (7) calendar days after receipt of Recommendation for Award. The Recommendation for Award will include documentation to have the background investigations performed. The cost to perform this service will be billed directly to the Commission from the background investigation agency. The employees' report will be submitted to the Commission's Security Group for review. All employees must be approved in writing prior to starting any work at any Commission facility. If any employee is not approved to work on this Contract, the Contractor may resubmit, with the knowledge of the Commission, other proposed employees within seven (7) calendar days upon issuance of written disapproval notification. The Commission reserves the right to reject any employee, sub-contractor, or Contractor, as a result of the findings of background investigations. Contractors submitting background applications on employees or subcontractors not authorized to work on this contract will be liable for payment.
      2. The Contractor's employees shall be issued photo identification cards. Identification cards must be worn at all times while on any Commission property. Contractor employees found on-site without proper identification will be immediately removed from Commission property. The design of identification cards shall be reviewed and approved by the Commission before issuance. Identification cards for employees who are no longer associated with the project, for any reason, will be immediately recovered by the Contractor. The Contractor is responsible for controlling and inventorying all identification cards issued so that cards are not obtained or used by unauthorized individuals.
      3. All project participants needing either electronic or hardcopy documents dealing with critical facilities or sensitive information will be required to make an application with, and receive approval from, the Commission before receiving this information. Permission to receive said documents (herein referred to as "sensitive") will pertain only to the approved individuals. Sensitive documents received from the Commission must be handled consistently with the terms of non-disclosure required for the application. The Contractor is responsible for restricting use of sensitive documents to project participants only and shall take appropriate measures to prevent the distribution of sensitive documents to anyone inside or outside of the Contractor's company except the Contractor's project participants. After completion of the project, all sensitive documents remaining in the Contractor's possession shall continue to be governed under the terms of non-disclosure and must continue to be stored in a secure manner.
    • ACCEPTANCE OF FINAL PAYMENT AS RELEASE
      1. The acceptance by the Contractor of final payment shall constitute a release to the Commission from any claims of any nature and all liability to the Contractor, for all things done or furnished in connection with the Work, and for every act and neglect of the Commission and others relating to or arising out of this Work.
    • CONFIDENTIALITY
      1. The CONSULTANT and its employees agree that all findings, memoranda, correspondence documents or records of any type, whether written, electronic, or oral and all documents generated by the CONSULTANT its Subcontractors as a result of the COMMISSION's request for services under this Contract, are confidential records (Records). Neither the records shall be released, nor their contents disclosed to any party other than the Project/Contract Manager, or assignee, and the Contract Administrator or assignee. The CONSULTANT and his employees agree that all oral or written inquiries regarding the status of any Records shall be referred to the Project/Contract Manager or assignee. The Offeror agrees to include the provisions of this Article as part of any contract or agreement the Offeror enters into with Subcontractors or other third parties for work related to Work pursuant to this Contract. No termination of this Contract shall have the effect of rescinding, terminating, or otherwise invalidating this Article. The covenants set forth in this Article shall survive this Contract and shall remain in effect in perpetuity.
    • INSURANCE
      1. The Contractor shall, within the time specified in the Contract Documents, purchase and maintain insurance as specified in the Contract Documents. The Contractor shall submit proof of insurance as required by the Contract Documents.
    • PROVISION TO EXTEND CONTRACT FOR NINETY (90) DAYS
      1. In accordance with WSSC Code of Regulations, Title 6, Chapter 6.15.410(d)(2), WSSC may find it advantageous to obtain the option of a unilateral contract extension to extend the Contract ninety (90) days past its termination date. If WSSC intends to exercise the extension, it shall provide written notice to the CONSULTANT at least thirty (30) days prior to the Contract termination date. The exercise of the 90-day option is at WSSC's sole discretion.
    • PROCUREMENT REGULATIONS
      1. This Contract shall be construed and enforced in accordance with, and governed by, the Procurement Regulations, WSSC Code of Regulations, Title 6, Chapter 6.15. The Procurement Regulations can be viewed https://wssc.district.codes/Code/6.15.
    • ASSIGNMENTS
      1. Neither the Contractor nor the Commission shall sell, transfer, assign, or otherwise dispose of the Contract or any portion thereof, or of its right, title, or interest therein, or its obligations thereunder, without the written consent of both parties.
    • ACCEPTANCE OF FINAL PAYMENT AS RELEASE
      1. The acceptance by the CONSULTANT of final payment shall constitute a release to the COMMISSION from any and all claims of any nature and all liability to the CONSULTANT, for all things done or furnished in connection with the Work, and for every act and neglect of the COMMISSION and others relating to or arising out of this Work.
    • INDEMNIFICATION
      1. The Contractor shall defend, indemnify, and hold harmless the Commission, its agents, and employees from and against any claims, suits in law or equity, actions, damages, losses and expenses of every name and description, including attorneys fees to which the Commission, its agents, and employees may be subject or put by reason of injury to persons (including bodily injury, death or any other form of personal injury) or property damage arising out of or resulting from the performance of the Work whether caused or alleged to be caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by the Commission, its agent or employees, the party indemnified hereunder, or other cause.
      2. Monies due or to become due the Contractor under the Contract, as may be considered necessary by the Commission, shall be retained by the Commission until such suits or claims for damages shall have been settled or otherwise disposed of or satisfactory evidence to that effect has been furnished to the Commission.
    • ETHICS
      1. Personnel of the Commission and the Contractor and its personnel and agents shall comply with the Commission's Code of Ethics, WSSC Code of Regulations, Title 1, Chapter 1.70.
      2. In accordance with WSSC Code of Regulations, Title 1, Chapter 1.70.190, a former Commissioner or employee may not act as an agent or representative of any person or entity involved in a business transaction with WSSC for a period of 12 months from the date of the former employee's separation from the  Commission. In addition, a former Commission employee is barred from assisting or representing a party in a business transaction with WSSC if the former employee participated significantly in the matter as an employee.
    • ETHICS
      1. Personnel of the Commission and the CONSULTANT and its personnel and agents shall comply with the Commission's Code of Ethics, WSSC Code of Regulations, Title 1, Chapter 1.70.
      2. In accordance with WSSC Code of Regulations, Title 1, Chapter 1.70.190, a former Commissioner or employee may not act as an agent or representative of any person or entity involved in a business transaction with WSSC for a period of 12 months from the date of the former employee's separation from the Commission. In addition, a former Commission employee is barred from assisting or representing a party in a business transaction with WSSC if the former employee participated significantly in the matter as an employee.
    • SEXUAL HARASSMENT
      1. Sexual harassment of COMMISSION employees by the CONSULTANT, a sub-consultant, or any of their employees while on COMMISSION premises or while actively representing or performing Work for the COMMISSION is prohibited. It shall be the responsibility of the CONSULTANT to prevent any such acts and to remove any employee who conducts such acts. Failure of the CONSULTANT to comply with this provision may result in Termination of the Contract. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment. Basic criteria for determining unlawful behavior includes conduct that has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
    • SEXUAL HARASSMENT
      1. Sexual harassment of Commission employees by the Contractor, a subcontractor, or any of their employees while on Commission premises or while actively representing or performing work for the Commission is prohibited. It shall be the responsibility of the Contractor to prevent any such acts and to remove any employee who conducts such acts. Failure of the Contractor to comply with this provision may result in the Termination of the Contract. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment. Basic criteria for determining unlawful behavior include conduct that has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
    • DEBARMENT AND SUSPENSION
      1. Debarment and suspension actions taken against a contractor will be done in accordance with the WSSC Code of Regulations, Title 6, Chapter 6.15.560.
    • DEBARMENT AND SUSPENSION
      1. Debarment and suspension actions taken against a CONSULTANT will be done in accordance with WSSC Code of Regulations, Title 6, Chapter 6.15.560.
    • NONDISCRIMINATION POLICY
      1. It is the policy of the COMMISSION to require that individuals and entities with whom it has a contract and their subcontractors, not discriminate against employees or applicants for employment.
      2. The CONSULTANT shall not discriminate in any manner against an employee or an applicant for employment on the basis of sex, race, creed, color, age, mental or physical disability, sexual orientation, religion, marital status, gender identity, genetic information, or national origin.
      3. The CONSULTANT shall include a similar nondiscrimination clause in all subcontracts.
      4. If the CONSULTANT fails to include a similar nondiscrimination clause in a subcontract, the Commission shall provide the Contractor a reasonable opportunity to cure the defect. If the CONSULTANT fails to cure the defect within the time period granted, the Commission may declare the Contract void and the CONSULTANT shall be entitled to the reasonable value of Work that has been performed and materials that have been provided to date. If the CONSULTANT cures the defect, the Contract shall remain in force according to its revised terms.
      5. If the CONSULTANT willfully fails to comply with the requirements of this nondiscrimination clause, the Commission may compel the CONSULTANT to continue to perform under the Contract as provided in Maryland Annotated Code, Public Utilities, § 17-402.1(b).
    • NONDISCRIMINATION POLICY
      1. It is the policy of WSSC to require that individuals and entities with whom it has a contract and their subcontractors not discriminate against employees or applicants for employment.
      2. The Contractor shall not discriminate in any manner against an employee or an applicant for employment based on sex, race, creed, color, age, mental or physical disability, sexual orientation, religion, marital status, gender identity, genetic information, or national origin.
      3. The Contractor shall include a similar nondiscrimination clause in all subcontracts.
      4. If the Contractor fails to include a similar nondiscrimination clause in a subcontract, the Commission shall provide the Contractor a reasonable opportunity to cure the defect. If the Contractor fails to cure the defect within the time period granted, the Commission may declare the Contract void, and the Contractor shall be entitled to the reasonable value of Work that has been performed and the materials that have been provided to date. If the Contractor cures the defect, the Contract shall remain in force according to its revised terms.
      5. If the Contractor willfully fails to comply with the requirements of this nondiscrimination clause, the Commission may compel the Contractor to continue to perform under the Contract as provided in Maryland Annotated Code, Public Utilities, § 17-402.1(b).
    • PERSONAL INFORMATION PROTECTION
      1. The Commission may disclose "Personal information" to Contractor as defined in § 10-1301 of the State Government Article of the Annotated Code of Maryland.
      2. In accordance with the requirements of § 10-1304 of the State Government Article, the Contractor shall implement and maintain reasonable security procedures and practices that:
        1. are appropriate to the nature of the personal information disclosed to it, and
        2. are reasonably designed to help protect personal information from unauthorized access, use, modification, disclosure, or destruction
      3. Upon reasonable advance notice, and without creating an obligation to do so, the Commission shall have the right to verify and audit the security procedures and practices implemented and maintained by Contractor for this purpose. Contractor shall remain solely responsible for its security procedures and practices.
    • ENTIRE CONTRACT
      1. This written Contract constitutes the entire Contract between the parties and except for modifications prepared in accordance with provisions herein and the Procurement Regulations, there are no other collateral contracts or agreements concerned between the parties contracting hereto. Nothing contained in this Contract shall be construed as creating any personal liability on the part of an officer, employee, or agent of the COMMISSION, including the Commissioners individually.
    • PAYMENT
      1. Payment will be made by Automated Clearing House (ACH) or by WSSC's Procurement Credit Card for the total number of deliverables within 30 days after the services have been provided and accepted by the COMMISSION.
      2. Payment will not be made for any services until properly accounted for as to compliance with the scope of work and acceptance by the COMMISSION in accordance with this Contract. Prompt payment discounts, if any, shall be applicable from the date of acceptance of the services, or the date of receipt of the invoice, whichever is later. Payment will be made upon receipt of a properly executed invoice(s) and in accordance with the provisions of this Contract.
      3. Invoices shall reference the Purchase Order number, be submitted in duplicate based on the appropriate unit prices named in the Bid and addressed as follows:

      Washington Suburban Sanitary Commission

      Finance/Disbursements Group

      14501 Sweitzer Lane, 11th Floor

      Laurel, Maryland 20707-5902

    • PROVISION TO EXTEND CONTRACT FOR NINETY (90) DAYS
      1. In accordance with WSSC Code of Regulations, Title 6, Chapter 6.15.410(d)(2), WSSC may find it advantageous to obtain the option of a unilateral contract extension to extend the Contract ninety (90) days past its termination date. If WSSC intends to exercise the extension, it shall provide written notice to the Contractor at least thirty (30) days prior to the Contract termination date. The exercise of the 90-day option is at WSSC's sole discretion.
    • CONSULTANT PERFORMANCE EVALUATION
      1. The purpose of the CONSULTANT Performance Evaluation is to:
        1. Identify and document the CONSULTANT's ability to meet all Contract compliance requirements.
        2. Communicate Contract compliance problems to the CONSULTANT in a timely manner.
        3. Provide corrective action as early as possible during the Contract Work, so that the Work may be successfully completed in accordance to all Contract requirements.
      2. Consultant Performance Evaluation Schedule
        1. Contracts equal to or greater than $25,000 shall be evaluated, at a minimum, at the conclusion of the work.
        2. Contracts equal to or greater than $250,000, or more than 180 days in duration shall be evaluated at a minimum at the Contract mid-point (approx. 50%) and at the Contract completion (approx. 100%) based on the Contract duration in calendar days.
        3. Contracts equal to or greater than $1,000,000 or greater than one (1) year in duration shall be evaluated at a minimum before the midpoint (approx. 25%); at the Contract mid-point (approx. 50%); after the midpoint but before completion (approx. 75%); and at Contract completion (approx. 100%) based on the Contract duration in calendar days.
      3. Contract Startup
        1. Prior to the start of the contract, the Contract Manager shall review the Evaluation Factors with the CONSULTANT.
        2. Documentation of the meeting shall be provided to the CONSULTANT and to the Procurement Office, and shall be incorporated into the Contract file.
      4. CONSULTANT Performance Evaluation
        1. The Contract Manager shall complete a CONSULTANT Performance Evaluation in accordance to Consultant Performance Evaluation Schedule using the CONSULTANT Performance Evaluation (CPE) form.
        2. The Contract Manager shall attach documentation that supports the results of the Consultant Performance Evaluation and which at a minimum includes:
          1. Prior CPE documents
          2. The most recent SLMBE subcontracting report
          3. Cure Letters and/or Show Cause Letters
          4. Test Results and/or Inspection Results
          5. Correspondence between WSSC and the CONSULTANT
          6. Minutes of any meetings relevant to contract compliance.
        3. The Contract Manager shall provide a copy of the CPE form and supporting documents to the CONSULTANT for review and acknowledgement.
        4. The CONSULTANT shall review the CPE form, indicate agreement or disagreement with the evaluation results, and acknowledge receipt of the CPE form by signing and returning the signed form to the Contract Manager no later than ten (10) days after receipt.
      5. Consultant Performance Evaluation Meeting
        1. Consultant Performance Evaluation Meetings shall be conducted if:
          1. The CONSULTANT receives a Marginal or Unsatisfactory evaluation,
          2. The CONSULTANT requests a meeting within ten (10) days after receipt of the CPE form.
          3. The Contract Manager determines that a meeting is required to improve CONSULTANT's performance.
        2. Prior to the meeting the Contract Manager shall provide a copy of the CPE and all supporting documents to the CONSULTANT for review.
        3. Additional WSSC stakeholders may attend the meeting, including but not limited to SLMBE, Procurement, or other departments impacted by the contract.
        4. CONSULTANT's key personnel and, if requested by WSSC, company owners or executive officers, shall attend Consultant Performance Evaluation Meetings.
        5. During the meeting, the Contract Manager
          1. Shall provide a sign-in sheet for all meeting attendants, including the date, time and location of the meeting.
          2. Shall review all performance issues with the CONSULTANT including CPE and all supporting documentation.
          3. Shall document discussion with meeting notes that include corrective action, person(s) responsible for completing corrective action, and date by which corrective action will be completed.
        6. After the meeting,
          1. The Contract Manager shall revise the CPE form with any additional information and/or updates to the evaluation results.
          2. The CONSULTANT shall review and acknowledge receipt of the CPE form by signing and returning to the Contract Manager no later than ten (10) days after receipt of the form.
      6. CPE forms that document CONSULTANT Performance Evaluations will be stored by the Procurement Office for a period of not less five (5) years.
    • INTERGOVERNMENTAL AND COOPERATIVE PURCHASING
      1. This Article is only applicable to a Contract which is awarded through a competitive procurement awarded pursuant to WSSC's Procurement Regulations.
      2. In accordance with State Finance and Procurement Article §13-110, Annotated Code of Maryland, any contract resulting from this Contract is available for use by any other Maryland state or local governmental entity or nonprofit as defined in the statute, subject to the following requirements: (a) The use of this Contract by other state and local governmental and nonprofit entities is at the discretion of those entities. Any entity that elects to participate is referred to herein as a participating entity; (b) The participating entity shall issue their own purchasing documents and secure their own contract, and shall have the unilateral right during the term of the Contract, to contract directly with the Contractor using the same prices and other terms and conditions of the Contract; and (c) Performance, payment, inspection, acceptance, exercise of warranties, and exercise of other contractual rights and obligations are the responsibility of the participating entity. WSSC assumes no authority, responsibility, liability or obligation on behalf of the participating entity, or with respect to any contract the participating entity may enter into with the Contractor. The participating entity is solely responsible for securing performance from the Contractor. Any failure of the Contractor to perform its contract with the participating entity does not require WSSC to default the Contractor or otherwise terminate the Contract.
    • PERSONAL INFORMATION PROTECTION
      1. The COMMISSION may disclose "Personal information" to CONSULTANT as defined in § 10-1301 of the Page 128 of 140 State Government Article of the Annotated Code of Maryland.
      2. In accordance with the requirements of § 10-1304 of the State Government Article, the CONSULTANT shall implement and maintain reasonable security procedures and practices that:
        1. are appropriate to the nature of the personal information disclosed to it, and
        2. are reasonably designed to help protect personal information from unauthorized access, use, modification, disclosure, or destruction
      3. Upon reasonable advance notice, and without creating an obligation to do so, the COMMISSION shall have the right to verify and audit the security procedures and practices implemented and maintained by CONSULTANT for this purpose. CONSULTANT shall remain solely responsible for its security procedures and practices.
    • TRAVEL EXPENSE REIMBURSEMENT

      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.

       

    • INTERGOVERNMENTAL AND COOPERATIVE PURCHASING
      1. This Article is only applicable to a Contract which is awarded through a competitive procurement awarded pursuant to WSSC's Procurement Regulations. 
      2. In accordance with State Finance and Procurement Article §13-110, Annotated Code of Maryland, any contract resulting from this Contract is available for use by any other Maryland state or local governmental entity or nonprofit as defined in the statute, subject to the following requirements: (a) The use of this Contract by other state and local governmental and nonprofit entities is at the discretion of those entities. Any entity that elects to participate is referred to herein as a participating entity; (b) The participating entity shall issue their own purchasing documents and secure their own contract, and shall have the unilateral right during the term of the Contract, to contract directly with the Contractor using the same prices and other terms and conditions of the Contract; and (c) Performance, payment, inspection, acceptance, exercise of warranties, and exercise of other contractual rights and obligations are the responsibility of the participating entity. WSSC assumes no authority, responsibility, liability or obligation on behalf of the participating entity, or with respect to any contract the participating entity may enter into with the Contractor. The participating entity is solely responsible for securing performance from the Contractor. Any failure of the Contractor to perform its contract with the participating entity does not require WSSC to default the Contractor or otherwise terminate the Contract.
    • TRAVEL EXPENSE REIMBURSEMENT
      1. 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.

         

    Submission Requirements

    • MINIMUM QUALIFICATIONS

      Each Bidder must meet and provide proof of the following qualifications in order to be considered for the Award:

    • Did the Bidder attend the mandatory in-person site visit at all the WSSC's fleet garages locations and signed the official attendance logs? (required)
    • Provide attendee(s) name(s) (required)

      The attendance log will be used to verify the Bidder's attendance at the site visit. 

    • Has the bidder been in business for three (3) years? (required)
    • Bidder must provide how many years experience your firm has in performing the requested goods or services: (required)
    • Does the bidder have 3 years of experience in removing and replacing hose reels in Automotive Garages? (required)
    • If response is yes, Please list 3 references below, including the following information: (required)

      References must be 3 years of experience in removing and replacing hose reels in Automotive Garages, and must include the following:

      1. Name and address of customer.
      2. The name, title, telephone number, and e-mail of the customer contact.
      3. Description of the work performed,
      4. Contract title, 
      5. Contract Start and end dates
      6. Price range (over or under $________)
    • Reference 1 (required)
    • Reference 2 (required)
    • Reference 3 (required)
    • Appendix A: OSDI PARTICIPATION
    • Does your firm meet the Optimization of Diverse Business Development Program requirements? (required)
    • Provide proof of approved MBE business certifications or SLBE registrations? (required)
    • Please download and complete the attached OSDI Forms (required)

      Please download the below documents, complete, and upload.

    • Appendix B: CERTIFICATE OF INSURANCE
    • Please upload your up to date Certificate of Insurance here (required)
    • Appendix C: SUBMISSION FORMS
    • Technical Proposal (WITHOUT COST) (required)

      Please upload your technical proposal here

    • CONSENT TO USE OF ELECTRONIC SIGNATURE (required)

      Please download the below documents, complete, and upload.

    • CERTIFIED INSURANCE CONFIRMATION (required)

      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.

    • CONTRACT CERTIFICATION AFFIDAVIT (required)

      Please download the below documents, complete, and upload.

    • CONSULTANT CONFLICT OF INTEREST AFFIDAVIT (required)

      Please download the below documents, complete, and upload.

    • IRAN INVESTMENT ACTIVITY CERTIFICATION (required)

      Please download the below documents, complete, and upload.

    • STATEMENT OF BIDDER’S QUALIFICATIONS FORM (required)

      Please download the below documents, complete, and upload.

    • Bidder must provide the lead time on parts and installation for this contract (required)
    • Bidder must provide their proposed project schedule. (required)
    • Bidder must provide the Warranty on Parts. (required)
    • Bidder must provide Warranty on Labor. (required)
    • STATEMENT OF OFFEROR’S QUALIFICATIONS FORM (required)

      Please download the below documents, complete, and upload.

    • PRICING
    • Please upload your pricing here (required)
    • Are you registered in WSSC Water's Supplier Portal? (required)
    • Please provide your Supplier Portal identification number (ID): (required)
    • Please confirm that you have registered prior to bid submittal (required)

      Please register at: www.wsscwater.com/supplier.

    • Prompt Payment Discount (required)
    • Solicitation Purpose? (required)
    • RFP purpose? (required)
    • IFB Purpose (required)
    • General Terms and Conditions? (required)
    • How will you be collecting pricing? (required)

      Select electronic pricing table if providing line items for the vendor to fill out

    • Bonding Requirements? (required)
    • Please select all relevant insurance types: (required)
    • Will you be awarding a single or multiple vendors? (required)
    • Will the Mid-Atlantic Purchasing Team Intergovernmental & Cooperative Purchasing Clause apply? (required)

      Select yes to show the Mid-Atlantic Purchasing Team Intergovernmental & Cooperative Purchasing Clause in the attachments

    • Identify OSDI's Participation Recommendation (required)
    • MBE Bid Price Preference: (required)
    • SLBE Bid Price Preference: (required)
    • MBE/SLBE Goal (required)
    • Select the Optimization of Diverse Business Development Program (required)

    Questions & Answers

    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.


    Key dates

    1. April 7, 2026Published
    2. May 1, 2026Responses Due

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    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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