The Maryland-National Capital Park and Planning Commission (Commission or M-NCPPC) is soliciting bids from qualified vendors to remove and replace the ridge vent drive components and install a fully enclosed ridge vent insect screening system at the South Conservatory, Brookside Gardens in Montgomery County, Maryland.
- Insurance Overview —
The Maryland-National Capital Park and Planning Commission named as additional insured on all policies. The coverage is primary to all coverage the Commission may possess. The Certificate Must State the Bid number and Bid Name: B47-100, Replacement of Greenhouse Ridge Vent at Brookside Gardens Conservatory - South House. Forty-five (45) days cancellation notice is required. Insurance must be: Best's Guide A rating or better/S&P Rating of BBB.
- Examination of Bid Documents — Bidders must examine all the Invitation for Bid (IFB) documents very carefully and must make their bid after examination of the location and/or nature of the proposed work. The submission of a bid indicates that the bidder thoroughly understands all the terms and conditions, instructions, and specifications of the bid.
- Bid Submittal —
Bids must be submitted through the Commission’s e-Procurement Portal, OpenGov (formerly ProcureNow) for B47-100, Replacement of Greenhouse Ridge Vent at Brookside Gardens Conservatory - South House, no later than 2:00 pm on Tuesday, July 7, 2026. Oral, telephonic, telegraphic and facsimile Proposals will not be accepted. The Offeror assumes full responsibility for its timely delivery submission of the response. Bids received after the date and time specified for receipt of Proposals not be accepted through ProcureNow. Bidders are to conform to the procurement conditions herein.
The bid package must include all required information as outline in this solicitation.
- Ethics In Procurement — By submitting a bid, the bidder agrees to adhere to the Commission’s policy on ethics in purchasing. This policy prohibits any person from offering, giving, or agreeing to give any Commission employee or former Commission employee a gratuity or an offer of employment in connection with any aspect of Commission procurement. Further, payment or offers to pay contingent fees related to procurement of Commission purchases are prohibited except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. Potential offerors are urged to review the ethics policy in detail. Copies may be requested from the Purchasing Division (phone: 301/454-1600)
- Scope and Specifications —
(Note: Please download and review the complete solicitation document from the Project Documents “Attachments” section on OpenGov. The summary below is provided for informational purposes only and does not encompass all project requirements.)
Background
The Maryland-National Capital Park and Planning Commission (“Agency”) is soliciting bids from qualified vendors to remove and replace the ridge vent drive components and install of a fully enclosed ridge vent insect screening system at the South Conservatory of Brookside Gardens in Montgomery County, Maryland. The work is intended to restore reliable mechanical operation of the ridge vents and ensure compliance with the United States Department of Agriculture (USDA) butterfly containment requirements (SEE ATTACHMENT A) while allowing ridge vents to remain operational during seasonal exhibits.
The South Conservatory ridge vent system consists of two ridge vents, one on each side of the roof peak, with a combined ridge length of 62 feet.
This section includes specifications, delivery requirements, and warranty information pertaining to the scope.
Existing Conditions
- Total ridge vent length:
- Ridge vent configuration:
- Two (2) ridge vents, one on each side of the roof peak
- Glazing:
- Thirty (30) glass panes per side, for a total of sixty (60) panes
- Individual glass pane size: 35½ inches x 24 inches
- Mechanical components:
- Two (2) ridge vent motors total (one motor per ridge vent side)
- Twelve (12) rack and pinion assemblies per side, for a total of twenty‑four (24)
- Multiple interconnected drive shafts spanning the full 62‑foot ridge length
Specifications
- Removal of existing double ridge vent drive system components, including drive shafting, shaft hangers, rack and pinion assemblies, and ridge vent drive motors.
- Furnishing and installation of new ridge vent mechanical drive components, including:
- Drive shafting sufficient to span the full 62‑foot ridge length
- Shaft hangers
- Twenty‑four (24) rack and pinion assemblies
- Two (2) new ridge vent drive motors (one per ridge vent side)
- Installation of a complete ridge vent insect screening and containment system enclosing both ridge vents along the entire 62‑foot ridge length.
- Installation of rack penetration sleeves, brushes, or insect sock assemblies at all rack and pinion penetrations to maintain continuous insect containment.
- Adjustment of motor limits and testing of the ridge vent system for proper operation.
- Removal and proper disposal of all debris and materials generated by the work.
- Conveyance of a standard one (1) year warranty on labor and materials, where applicable.
Preparation
- Coordinate with Brookside Gardens staff to ensure proper access, scheduling, and protection of adjacent conservatory spaces.
- Verify all existing dimensions, quantities, and operating conditions prior to fabrication and installation.
- Deliver all materials, equipment, and components to the job site.
Removal Phase
- Safely dismantle and remove existing ridge vent drive components, including:
- Drive shafting spanning the ridge vent length
- Shaft hangers
- Rack and Pinion Assemblies
- Two (2) ridge vent drive motors
- Remove existing ridge vent screening, framing, and fastening components, as applicable.
- Dispose of removed materials in accordance with applicable regulations and site requirements.
Installation Phase- Mechanical Components
- Furnish and install new ridge vent drive components along the full 62‑foot ridge, including:
- Drive shafting and shaft hangers
- Twenty‑four (24) rack and pinion assemblies
- Two (2) ridge vent drive motors (one per side)
- Align, secure, and synchronize all mechanical components to ensure smooth, reliable, and even operation.
- Set motor limits and test the ridge vent system for proper opening and closing.
Final electrical connections by others.
Installation Phase-Ridge Vent Screening & Containment
- Furnish and install a new ridge vent insect screening system enclosing both ridge vents along the entire 62‑foot ridge length.
- Screening shall consist of galvanized metal mesh with a maximum opening size of ¼ inch (1/4").
- Screen material, framing, track, and fastening components shall be installed continuously with no gaps, overlaps, or unprotected openings.
- Install rack penetration sleeves, brushes, or insect sock assemblies at all rack and pinion penetrations to maintain continuous containment through the full range of vent motion.
- Screening system shall be designed and installed to allow full ridge vent operation while maintaining uninterrupted insect containment.
- The completed ridge vent screening and containment system shall comply with USDA butterfly containment requirements.
Cleanup and Waste Disposal
- Thoroughly clean the work area upon completion of installation.
- Remove all tools, equipment, and construction debris from the site.
- Dispose of waste materials in accordance with applicable waste disposal guidelines.
Warranty
- Provide a standard one (1) year warranty on labor and materials for ridge vent drive components and ridge vent screening systems.
Delivery
- Labor, travel, and freight to the job site are included in the bid amount.
- Estimated start date for the ridge vent replacement is September 14th, 2026. Precise timing shall be coordinated with the project manager and at the discretion of The Commission. The project shall be completed within 90 days of the authorized start date.
- Any additional work, separate from the ridge vent replacement project, shall be completed within 90 days of Notice to Proceed, unless otherwise agreed upon in writing.
Responsibility of the Contractor
The contractor, at no expense to the Commission shall:
- Provide competent supervision during the term of this contract necessary to perform the work as required.
- Take the precautions necessary to protect persons or property against injury or damage and be responsible for any such damage or injury that occurs as a result of their fault or negligence.
- Perform the work without unnecessarily interfering with other contractors’ work or Commission activities.
- Provide all necessary labor, equipment, and materials necessary to perform the work required by this contract.
Qualifications
Each bidder must possess demonstrated experience and expertise in greenhouse construction, renovation, and systems installation. The vendor should be well-versed in greenhouse structural components. Evidence of relevant experience and successful completion of similar projects is required:
- The company must possess a minimum of 3 (three) years of experience and knowledge in greenhouse construction, maintenance, and systems. This experience should include a proven track record of successfully completing similar projects. The bidder shall provide documentation that proves years of service within the industry, with the bidding company.
- A list of at least three satisfactory references, including the names, emails, and telephone numbers of a contact person. These references must be for projects/jobs in process or completed within the last five years and are similar in scope and size of the work to be performed under this contract. The Commission reserves the right to request additional references, as it deems necessary.
- Bidder must be registered and in good standing with the Maryland State Department of Taxation and Assessment (SDAT) prior to the issuance of a purchase order or Contract. If the successful bidder cannot obtain registration or be in good standing the Commission reserves the right to award the next lowest responsive and responsible bidder.
FAILURE BY A BIDDER TO PROVIDE THE REQUIRED INFORMATION AND TO DEMONSTRATE THE MINIMUM EXPERIENCE SPECIFIED ABOVE MAY RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND, THEREFORE, INELIGIBLE FOR CONSIDERATION FOR AWARD.
Task Order (Future) Work Authorization
The Commission may utilize the services of the successful awardee from this Solicitation for the purpose of providing ongoing greenhouse repair, maintenance, and related services on an as-needed, task order basis for facilities operated by Maryland-National Capital Park and Planning Commission (“Commission” or “M-NCPPC”).
The Contractor shall furnish all labor, supervision, materials, equipment, tools, transportation, and incidentals necessary to perform greenhouse-related services, including but not limited to:
• Preventative maintenance services;
• Scheduled and unscheduled repairs;
• Emergency repair services;
• Replacement of greenhouse systems and components; and
• Other related greenhouse maintenance and repair work as directed by the Commission.
Work under this Contract shall be performed through the issuance of individual Task Orders. Task Orders may be issued Commission-wide for any greenhouse facility operated by M-NCPPC within Montgomery County and Prince George’s County, Maryland.
The Commission reserves the right to determine the scope, timing, and method of pricing for each Task Order. Pricing may be requested on either:
• A Time and Materials basis; or
• A Lump Sum basis,
as deemed appropriate by the Commission for the specific scope of work.
For each Task Order, the Contractor may be required to provide a detailed proposal including scope, labor categories, hourly rates, material pricing, schedules, assumptions, and any supporting documentation necessary for evaluation.
Prior to issuance of a Task Order, the Using Department shall review the Contractor’s proposal and determine that the proposed pricing is fair and reasonable. The Commission reserves the right to negotiate pricing, scope, schedule, and other terms associated with any Task Order prior to authorization.
No work shall commence until purchase order has been issued by the Commission. The Commission does not guarantee any minimum quantity of work, contract value, or number of Task Orders under this Contract.
- Qualification of Bidders — Bidders must be engaged in supplying and/or manufacturing organic pesticides. The Commission reserves the right to inspect to the Bidder’s place of business to determine the ability, capacity, and financial stability and other factors necessary to the perform the services herein.
Bidder must be registered with the Maryland Department of Assessments and Taxation (SDAT) and be in good standing with SDAT. Failure to be registered with the SDAT could deem your company not responsive and responsible.
- Pre-Bid Meeting —
No pre-bid meeting is not scheduled for this solicitation. Bidders are encouraged to explore the project location to familiarize themselves with the needs of the area and the constraints of the project space.
- Inquiries —
All questions related to this IFB shall be submitted in writing through the OpenGov Question/Answer Tab via the Commission's e-Procurement portal, on or before, Tuesday, June 16, 2026 by 2:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly.
- Pre-Bid Meeting —
A non-mandatory pre-bid meeting will be held on Tuesday, June 9, 2026, commencing promptly at 10:00 am, and will be held:
1500 Glenallan Ave, Wheaton, MD, 20902
Participants to meet near the entrance of the gardens.
Bidders are strongly encouraged to carefully review the Solicitation Document and attend this meeting.
A site visit will be held immediately following the pre-bid meeting.
Interested parties are required to RSVP no later than one business day prior to the pre-proposal meeting date. All attendees are required to register on OPENGOV Procurement under the RSVP Manager tab.
The purpose of the pre-bid meeting is to allow an open forum for discussion and questioning with Commission staff regarding the IFB with all prospective bidders having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the IFB. Only written responses to written questions will be considered official, and will be included as part of the IFB.
All prospective bidders are strongly encouraged to attend, as, unless requested by the department, this will be the only pre-bid meeting for this solicitation.
- Pre-Bid Meeting —
A mandatory pre-bid meeting will be held on Tuesday, June 9, 2026, commencing promptly at 10:00 am, and will be held:
1500 Glenallan Ave, Wheaton, MD, 20902
Participants to meet near the entrance of the gardens.
Bidders are strongly encouraged to carefully review the Solicitation Document and attend this meeting.
A site visit will be held immediately following the pre-bid meeting.
This pre-bid meeting is denoted as “mandatory”, prospective proposers must be present in order to submit a bid response.
- Pre-Bid Meeting —
A non-mandatory pre-bid meeting will be held on Tuesday, June 9, 2026, commencing promptly at 10:00 am, and will be held:
1500 Glenallan Ave, Wheaton, MD, 20902
Participants to meet near the entrance of the gardens.
Bidders are strongly encouraged to carefully review the Solicitation Document and attend this meeting.
The purpose of the pre-bid conference is to allow an open forum for discussion and questioning with Commission staff regarding the ITB with all prospective bidders having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the ITB. Only written responses to written questions will be considered official, and will be included as part of the ITB.
All prospective bidders are strongly encouraged to attend, as this will be the only pre-bid meeting for this solicitation.
- Pre-Bid Meeting —
A mandatory pre-bid meeting will be held on Tuesday, June 9, 2026, commencing promptly at 10:00 am, and will be held:
1500 Glenallan Ave, Wheaton, MD, 20902
Participants to meet near the entrance of the gardens.
Bidders are strongly encouraged to carefully review the Solicitation Document and attend this meeting.
This pre-bid meeting is denoted as “mandatory”, prospective bidders must be present in order to submit a bid response.
- Commission Assistance in Bid Preparation — Commission staff will not assist any bidder or bidder's agent in the actual preparation of the bid. Bidders or their agents will not be permitted to use Commission telephones or other facilities in the preparation of the bid unless the Commission representative specified in the Invitation for Sealed Bids has given specific authorization.
- Worker's Compensation —
Limits (Minimums)
Coverage Required Statutory Employer's Liability
Accident (Each) $100,000 per person
Disease (policy limits) $500,000 aggregate
Disease (each employee) $100,000 per disease
- Price — Unit prices shall be all-inclusive rate for all labor, equipment, shipping, freight cost and overhead as required to perform services herein. No reimbursable shall be allowed. In the event that the awarded item is discontinued or replaced, the Contractor agrees to furnish the replacement item at the same price or less. Replacement items must meet the specifications outline below.
- Specifications — All work must be furnished in accordance with the Specifications section of the bid.
- General Liability —
Products Liability & Completed Operations
Contractual Liability
Premises & Operations
XCU for explosion and/or cave in
Independent Contractors
Personal Injury and Advertising
Medical Payment any one person
All items in this section: $2,000,000 Combined Single Limit of Bodily & Property Damage per Occurrence
$5,000 per occurrence
- Brand Names or Equal Items — Except as may be specifically indicated to the contrary elsewhere within the bidding or contract documents, the specification by description of or reference to any particular product or item of material or equipment by type, brand name, make, model, catalog number or design description is intended only to establish a standard of quality. Any product, material or equipment of equal quality which is also the functional equivalent of and possesses the salient characteristics found in the particular item so specified may be substituted upon the approval of the Commission. Unless specifically noted in the Commission’s Invitation for Bids, bidders are not restricted to the specific brand, make or manufacturer named but may offer to the Commission any material that the bidder considers equivalent to that specified or indicated.
The Commission reserves the right to approve as equal, or to reject as not being equal, any article the bidder proposes to furnish which contains major or minor variations from specification requirements even though the article may comply substantially.
The product offered as "or equal" must be clearly disclosed in the bid proposal. If it is not, the Commission will not be under any obligation to examine such product to determine whether it is or is not equal and will do so only when it is determined to be in the best interest of the Commission.
Bidders must submit descriptive literature and/or samples of "or equal" products.
Requests for approval of "or equal" products may be made prior to the time specified for bid opening. The requirements for such approval are the same as the requirements for substitutions which are covered next.
- Receipt and Opening of Bids — The Commission representative, whose duty it is to open the bids, will decide when the specified opening time has arrived.
Bids delivered to any other office will not be considered. Oral, telephonic, telegraphic and facsimile proposals will not be accepted. If a bid is sent by mail or courier service, the bidder assumes full responsibility for its timely delivery to the designated location.
At the specified opening time, all bids will be publicly opened, and when practicable, read aloud and recorded on a bid tabulation sheet. Bidders may attend bid openings.
- Interpretation and Correction of Bid Documents — Should a bidder require an interpretation or clarification of any provisions of the bidding documents or related information provided by the Commission, or believe that there is an ambiguity, error, inconsistency or discrepancy in these documents or information, the bidder must notify the Commission in writing through the Commission’s e-Procurement Portal under the Question/Answer Tab at least 5 working days prior to the date set for receipt of bids.
A bidder who fails to request any such interpretation or clarification waives any claim for additional cost or time spent addressing any ambiguity, error, inconsistency or discrepancy in any such documents or information which is found to have been apparent at the time of receipt of bids.
All interpretations, clarifications, corrections, changes or other directions related to these requests of bidders will be provided in writing by the Commission and sent to all prospective bidders who obtained copies of the documents and information from the Commission.
- Basis of Award — The Commission intends to make a single award to the lowest responsive and responsible bidder meeting the specifications for Total Bid Price on Form 5A. The Commission reserves the right not to make an award and bid these services at a later date.
- Substitutions — Substitutions are considered to be:
• Any change to the specifications in the bid proposal other than an "or equal" product.
• Any change to the specifications after the bid opening.
No substitution will be considered prior to receipt of bids unless a written request for approval has been received by the Commission at least five (5) work days prior to the date set for the opening of the bid. Each request must include the name of the material or equipment for which it is to be substituted as well as a complete description of the proposed substitute including, as appropriate, drawings, cuts, performance and test data, and any other information necessary for evaluation. The burden of proof of the merit of the proposed substitute is upon the bidder.
The decision made by the Commission's representative to approve or disapprove a proposed substitution will be final. If the representative approves any proposed substitution prior to receipt of bids, such approval will be set forth in a written addendum to the bid document. Bidders must not rely upon approvals made in any other manner.
The procedure described above also applies to requests for approval of "or equal" products prior to bid opening. The Commission is under no obligation to consider any substitution after the bid opening. However, if it is in the best interest of the Commission to consider a substitution, it may do so. Any substitutions that are accepted by the Commission after the bid opening will be provided for in the contract, or in an amendment to the contract, or by change order to the Contract or Purchase Order.
- Extension of Bid Opening — The Commission may extend the bid opening date at its option. If the date is extended, the Commission will notify all prospective bidders who have obtained copies of the bid documents from the Commission.
- Contractual Indemnity/Hold Harless Exactly as Specified —
The Vendor shall indemnify and save harmless the Commission from and against all actions, liability, claims, suits, damages, cost, or expenses of any kind which may be brought or made against the Commission of which the Commission must pay and incur by reason of or in any manner resulting from injury, loss or damage to persons or property resulting from its negligence performance of or failure to perform any of its obligations under the terms of this contract.
- Addenda —
Any addenda shall be posted on the Commission's e-Procurement Portal. Addenda notifications will be emailed to all persons on record as following this ITB. Failure of any bidder to receive any such addenda or interpretation shall not relieve such bidder from any obligation under their bid as submitted. All addenda so issued shall become part of the contract documents.
- Modification and Withdrawal of Bids —
All bids shall be valid for a minimum period of ninety (90) calendar days following the date established for the opening of the bid unless otherwise stated in this solicitation.
At any time prior to the specified bid opening time and date, bids may be modified or withdrawn through the Commission's e-Procurement Portal, the responding firm may “unsubmit” their proposal in ProcureNow. After withdrawing a previously submitted proposal, the responding firm may submit another proposal at any time up to the deadline for submitting proposals by written request prior to the bid opening.
- Price Adjustment —
The initial term of this contract shall be for two (2) year. Price increases during the first contract period will not be considered. At the sole discretion of the Commission, the Commission has the right to extend the contract for a period of three additional one (1) year periods. Requests for price increases during the initial contract term will not be considered. For any renewal period exercised by the Commission, a request for price adjustment, must be requested sixty (60) days prior to expiration of Contract, and may not exceed the amount of the annual percentage change of the Consumer Price Index (CPI) for the twelve-month period immediately prior to the date of the request. The maximum price adjustment shall be based upon the CPI for all urban consumers issued for the Washington, DC Metropolitan Area by the United States Department of Labor, Bureau of Labor Statistics. A price adjustment may only be approved prospectively by a written notice executed by the Corporate Procurement Director or his/her designee. The price increase for any Contract extension(s), if approved, shall be effective for that renewal contract period.
- Contract Term — The initial term award resulting from this solicitation shall be for a period of one (1) year. The Commission reserves the right to renew this contract for four (4) additional terms of one (1) year each, contingent upon the bidder’s performance.
- Response to Solicitations — In the event a firm does not submit a bid on this solicitation, the firm should return the Bid Pricing Schedule with an explanation as to why the firm is unable to do so. Because of the large number of firms listed on the Commission’s bidders list, it may be necessary to delete from this list the name of those firms that repeatedly fail to respond to Commission solicitations for bids. The return of the Bid Proposal Page with a “No bid” is not considered a failure to respond.
- Late Bids, Modifications and Withdrawals —
If a bidder submits a bid or request for withdrawal is after the time set for receipt of bids, the following applies.
A late bid, late modification or late request for withdrawal will not be considered. Any bid, proposal or modification to a bid or proposal received at the place designated in the solicitation after the time set for receipt of bids is late and will not be considered for award.
Any request for withdrawal or request for modification received at the place designated for bid opening after the time set for opening of bids is late.
A late bid shall not be opened and shall be returned to the bidder (unless it must be opened to determine the identity of the bidder).
Exceptions to these rules may be made when a late bid, modification, or withdrawal would have been timely but for the action or inaction of procurement personnel directing the procurement activity.
In the event that the Commission offices are closed due to weather or other contingencies, the bids will be accepted until 10:00 A.M. on the first full Commission business day following the last designated closing date.
- Estimates made by the Commission — Any quantities or dollar values given by the Commission as estimates or approximates, or as needs requirements, are given as a general guide for preparing the bid but are not guaranteed amounts. They represent the best estimate of the Commission but are subject to increase or decrease. Any such variance will not change the unit prices to be paid for the product or services.
- Excess Liability —
- Other Insurance —
Prior to commencing services under the contract, the Contractor must furnish the Commission a certificate of Insurance that is rated at least A by Best’s Key Rating Guide or BBBq by Standard and Poor’s Insurance Rating Services. The Certificate of Insurance furnished by the Contractor must contain coverage limits in the minimum amounts as on the Insurance Checklist. See Form 5B.
- Mistakes in Bids —
After the opening of bids, Commission staff shall examine all bids for mistakes. In cases of apparent mistakes, other than those involving extension of unit prices or other arithmetic errors, when Commission staff has reason to believe that a mistake may have been made, staff shall request from the bidder a verification of the bid. If the bidder alleges a mistake, the matter shall be brought to the attention of the Purchasing Manager. Such actions shall be taken prior to award.
The Purchasing Manager is required to make the administrative determinations necessary in cases of alleged bid mistakes. The authority permitting correction of bids is limited to bids which are responsive as submitted and shall not be used to permit correction of bids to make them responsive.
If the Purchasing Manager knows or has reason to conclude that a mistake in a bid may have been made, the Purchasing Manager shall require that the bidder confirm the bid. Confirmation by the bidder of the bid will be requested when the bid reflects either an obvious, apparent error on its face or the bid’s amount is unreasonably lower than those of either the other bids submitted or the Commission’s estimate.
If the bidder fails to respond to a request for confirmation of an apparent mistake within the time allotted to the Purchasing Manager, the bid may be considered as originally submitted or may be rejected as non-responsive at the discretion of the Purchasing Manager. If the bidder confirms his bid, the Purchasing Manager shall consider it as originally submitted.
If the bidder alleges a mistake, the Purchasing Manager shall advise him to support the allegation by statements concerning the alleged mistake and by all pertinent evidence, such as the bidder’s file copy of the bid, original worksheets and other data used in preparing the bid, such as subcontractor’s and supplier’s quotations, if any, published price lists, and any other evidence which will serve to establish the mistake, the manner in which it occurred, and the bid actually intended.
Additionally:
A determination may be made permitting the bidder to correct his bid if the bidder requests permission to do so and clear and convincing evidence establishes both the existence of a mistake and the bid actually intended. In lieu of bid correction, the Commission may permit a low bidder alleging a material mistake of fact to withdraw his bid if there is reasonable proof that a mistake was made and the intended bid cannot be ascertained.
A determination may be made permitting the bidder to withdraw his bid if the bidder requests permission to do so and clear and convincing evidence establishes the existence of a mistake. However, if the evidence is clear and convincing both as to the existence of a mistake and as to the bid actually intended, and if the bid, both uncorrected and corrected, is the lowest bid received, a determination may be made to correct the bid and not permit withdrawal.
If the evidence does not warrant a determination under the two paragraphs above, a determination may be made by the Purchasing Manager that a bidder may neither withdraw nor correct his bid.
Any clerical mistake, apparent on the face of a bid, may be corrected by the Commission prior to award, if the staff member has first obtained from the bidder verification of what was actually intended. Examples of such apparent mistakes are: obvious misplacement of a decimal point, typographical errors, and mistakes in the designation of the unit of measure. Correction shall be reflected in the award document.
After bid opening an otherwise low bidder shall not be permitted to delete exceptions to the bid conditions or specifications which affect price or substantive obligations.
Nothing in this Section is intended to prohibit the Commission from accepting a bid correction resulting in a reduction in price from the low bidder after bid opening, provided that such reduction is not conditioned on or does not result in, the modification or deletion of any condition contained in the Invitation for Bids.
- Taxes — The Commission is exempt from (a) State of Maryland Sales Tax, (b) District of Columbia Sales Tax, and (c) Federal Excise Tax. Prices, except for the construction of realty, shall not include Sales Tax or Federal Excise Tax.
- Failure to Perform/Deliver — In the event of a Bidder’s failure to comply with the established supply and delivery of supplies, the Commission reserves the right to make an open market purchase of the required materials, and to charge as damages, the difference between the established price and the actual cost incurred by the Commission and to collect such charges from the Contractor, form any money due under this contract, or any other contract with the Commission.
- Payment — The Commission within 30 days after acceptance of the work and submission by the Contractor of a suitable invoice will make payment. If the vendor offered a prompt payment discount, such discount time shall be computed from the date of inspection and acceptance of the commodities or services or the date a correct invoice is received from the contractor, whichever is later. If adjustments on deliveries cause a delay in payment, and the fault lies with the vendor, the discount privileges are preserved.
- Award of Bids — Prompt payments as stated in the bid shall be considered when evaluating the bids and determining the low bidder. Discounts for periods of less than 20 calendar days will not be considered in determining the low bidder. The award shall go to the lowest, responsive and responsible bidder, after calculation of any qualifying prompt payment discount and adjustment for any price preference given under the Anti- Discrimination Program, unless the bid amount is unreasonable, or the Commission determines that awarding the purchase is not in its best interests.
The proposal must meet all specifications and terms and conditions established by M-NCPPC. The M- NCPPC reserves the right to determine the lowest responsible bidder on the basis of an individual item or group of items. Delivery dates may be a factor in awards. Equivalency will be at the sole interpretation of M-NCPPC.
A bid may be rejected as non-responsive if it fails to conform to any of the essential requirements of an IFB, such as specifications, delivery schedule, or other material aspects. If the bidder fails to furnish a bid bond, or any other assurance required by the IFB, the Commission may find the bid to be non- responsive. A bidder’s failure to comply with the Commission’s Anti-Discrimination Program may also make its bid non-responsive.
A bid may be rejected as non-responsive if it is submitted on any form other than the attached official forms. A bid may also be rejected as non-responsive if the bidder imposes conditions that modify the IFB or limit the firm’s liability.
“Responsible” means the bidder is capable to fully perform the contract requirements and has demonstrated integrity and reliability that assure good faith performance. If the Commission determines that the bidder is not responsible, the bid will be rejected. A bid from a debarred or suspended offeror will be rejected as not responsible.
If the bidder fails to supply information, within the specified time frame, that the Commission needs to be able to determine responsiveness and responsibility on a timely basis, the bidder may be deemed non-responsive or not responsible.
Unless otherwise stated in the Special Conditions Section, the Commission reserves the right to award in the aggregate or to make separate awards.
The Commission reserves the right to waive minor informalities or irregularities in bids when reviewing bids for award.
- Estimated Quantities — Any quantities shown on the price schedule are estimates or approximates and are given as a general guide for preparing the bid and shall not be construed as guaranteed quantities. Actual quantities ordered may be higher or lower. Any such variance will not change the unit prices to be paid for the items listed on the price schedule.
- Warranty — All items shall be covered by the Manufacturer’s standard warranty. Any additional warranties should be clearly stated.
All material must meet state and federal requirements. The bidder at no cost to the Commission must replace all unacceptable material.
- Completion of Work — Upon award of the bid, bidders must be prepared to complete/deliver the work within the time stated in the bid or within the time stated in the proposal if the bid does not state a completion/delivery time.
- Bid Protests —
Any actual or prospective bidder who is aggrieved in connection with the solicitation of bids or award of a purchase may protest to the Commission’s Purchasing Manager. Protesters are urged to seek resolution of their complaints initially with the purchasing agent. A protest related to an invitation for bids shall be submitted in writing prior to the opening of bids, unless the aggrieved person did not know and should not have known of the facts giving rise to such protest prior to bid opening. The protest shall be submitted in writing and received within 10 calendar days after such aggrieved person knows or should have known of the facts giving rise to the protest.
The protest must include:
The name and address of the protester;
Identification of the solicitation or purchase;
Statement of reasons for the protest;
Any supporting documentation to substantiate the claim made, unless the documentation is not available within the protest delivery time, in which instance the expected date the material will be available is to be stated; and
The remedy sought.
The Purchasing Manager shall, upon written request, make available to the protester information submitted that bears on the substance of the protest except where information is proprietary or otherwise confidential.
The protester shall submit any additional information requested by the Purchasing Manager within five (5) calendar days after receipt of the request for such information. Failure of the protester to respond to a request for information may result in the resolution of the protest on the basis of available information.
The decision of the Purchasing Manager shall be final and conclusive; unless fraudulent, or:
within 10 calendar days from receipt of the written decision, the protester mails or otherwise furnishes a written appeal to the Executive Director, or
any person adversely affected by the decision commences an action in court.
The decision of the Executive Director shall be final and binding.
- Anti-Discrimination Program — By submitting a bid, a bidder shall understand and agree to:
• Not discriminate against minority, female and disabled-owned firms (MFDs) in the selection of subcontractors on Commission projects. For contracts with subcontracting opportunities, offerors are required to provide MFDs the opportunity to submit bids as subcontractors and to award those MFDs submitting low bids the subcontracts unless there are legitimate reasons not to do so. On certain contracts, the Commission will require offerors to submit standardized forms with their bids that indicate how they have complied with the subcontracting non-discrimination requirements. The Special Conditions section of the bid documents specifies whether these forms must be submitted.
• Not discriminate against MFDs in their performance of work as subcontractors on Commission contracts.
• Submit forms verifying payment to subcontractors throughout the course of a contract.
• Not discriminate against any employee or applicant for employment because of age, sex, race, creed, disability or national origin. If a firm is determined by a final order of an administrative agency or a court to be in violation of federal, state or county non-discrimination laws, any agreement entered into by the Commission with a firm may be terminated or suspended in whole or in part by the Commission, and the firm may be debarred from bidding on future contracts with the Commission.
The subcontracting non-discrimination program shall apply not only to the initial contract award, but also to certain major change orders and amendments that serve to increase the dollar value of the initial contract.
Any violation of the Commission’s Anti-Discrimination Program may result in suspension or debarment of the violator as well as other civil or administrative remedies. A minority-owned business is any entity that engages in commercial transactions and is at least 51 percent owned and controlled by one or more individuals from the following groups: African Americans (all persons having origins in and of the black racial groups of Africa), Hispanics (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race), Asians or Pacific Islanders (all persons having origins in any of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands), and Native Americans (all persons of American Indian, Aleut, Eskimo or Native Hawaiian background). A female-owned business is any entity that engages in commercial transactions and is at least 51 percent owned and controlled by one or more women. A disabled-owned business is any entity that engages in commercial transactions and is at least 51 percent owned and controlled by persons with physical or mental impairment that substantially limits one or more of the major life activities of the individual, as defined in the Americans with Disabilities Act of 1990.
- Guarantee — The bidder guarantees that all products offered carry a guarantee against any and all defects for a minimum period of one year from acceptance. The bidder must correct any and all defects in material and/or workmanship, which may appear during the guarantee period by repairing (or replacing with new items or new materials, if necessary) any such defect at no cost to the Commission and to the Commission’s satisfaction. Should a manufacturer’s warranty or guarantee exceed the requirements stated above, the guarantee or warranty will be the primary one used in the case of defect. Copies of manufacturer’s warranties must be provided upon request. All warranties and guarantees must be in effect from the date of acceptance by the Commission of the goods or services. The bidder guarantees that all work shall be accomplished in a workmanlike manner and the bidder must observe and comply with all Federal, State, County and local laws, ordinances and regulations in performing the services listed. Goods and materials provided under this contract must be new, of first quality, latest model and of current manufacture, and are not of such age or so deteriorated as to impair their usefulness or safety. Items that are used or demonstrator models are unacceptable.
- Ethics in Procurement — By submitting a bid, the offeror agrees to adhere to the Commission’s policy on ethics in purchasing. This policy prohibits any person from offering, giving, or agreeing to give any Commission employee or former Commission employee a gratuity or an offer of employment in connection with any aspect of Commission procurement. Further, payment or offers to pay contingent fees related to procurement of Commission purchases are prohibited except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. Potential offerors are urged to review the ethics policy in detail. Copies may be requested from the Purchasing Division (phone: 301/454-1600).
- Orders — The Commission may request quotes and/or orders based on actual quantities required either through phone or email and must provide a Purchase Order number and/or a credit card number with the order to authorize the purchase. All order must have a Purchase Order number or paid on a Purchase Card.
- Specifications — All work must be furnished in accordance with the Specifications section of the bid.
- Brand Names or Equal Items — Except as may be specifically indicated to the contrary elsewhere within the bidding or contract documents, the specification by description of or reference to any particular product or item of material or equipment by type, brand name, make, model, catalog number or design description is intended only to establish a standard of quality. Any product, material or equipment of equal quality which is also the functional equivalent of and possesses the salient characteristics found in the particular item so specified may be substituted upon the approval of the Commission. Unless specifically noted in the Commission’s Invitation for Bids, bidders are not restricted to the specific brand, make or manufacturer named but may offer to the Commission any material that the bidder considers equivalent to that specified or indicated.
The Commission reserves the right to approve as equal, or to reject as not being equal, any article the bidder proposes to furnish which contains major or minor variations from specification requirements even though the article may comply substantially.
The product offered as "or equal" must be clearly disclosed in the bid proposal. If it is not, the Commission will not be under any obligation to examine such product to determine whether it is or is not equal, and will do so only when it is determined to be in the best interest of the Commission.
Bidders must submit descriptive literature and/or samples of "or equal" products.
Requests for approval of "or equal" products may be made prior to the time specified for bid opening. The requirements for such approval are the same as the requirements for substitutions which are covered next.
- Samples/Manufacturer's Specification — Manufacturer’s specifications for offered product should be submitted prior to the bid submission date. All specifications shall be exactly the items the bidder intends to furnish if awarded a contract. The Commission shall be the sole judge as to acceptability of samples or specifications.
Insurance Requirements
- Indemnity — The Contractor shall indemnify and save harmless the Commission from and against all actions, liability, claims, suits, damages, cost or expenses of any kind which may be brought or made against the Commission of which the Commission must pay and incur by reason of or in any manner resulting from injury, loss or damage to persons or property resulting from its negligent performance of or failure to perform any of its obligations under the terms of this contract.
- Substitutions - HOW DO YOU WANT TO HANDLE THIS? —
Substitutions are considered to be:
No substitution will be considered prior to receipt of bids unless a written request for approval has been received by the Commission at least five (5) work days prior to the date set for the opening of the bid. Each request must include the name of the material or equipment for which it is to be substituted as well as a complete description of the proposed substitute including, as appropriate, drawings, cuts, performance and test data, and any other information necessary for evaluation. The burden of proof of the merit of the proposed substitute is upon the bidder.
The decision made by the Commission's representative to approve or disapprove a proposed substitution will be final. If the representative approves any proposed substitution prior to receipt of bids, such approval will be set forth in a written addendum to the bid document. Bidders must not rely upon approvals made in any other manner.
The procedure described above also applies to requests for approval of "or equal" products prior to bid opening. The Commission is under no obligation to consider any substitution after the bid opening. However, if it is in the best interest of the Commission to consider a substitution, it may do so. Any substitutions that are accepted by the Commission after the bid opening will be provided for in the contract, or in an amendment to the contract, or by change order to the Contract or Purchase Order.
- Estimates Made by the Commission — Any quantities or dollar values given by the Commission as estimates or approximates, or as needs requirements, are given as a general guide for preparing the bid but are not guaranteed amounts. They represent the best estimate of the Commission but are subject to increase or decrease. Any such variance will not change the unit prices to be paid for the product or services.
- Taxes —
The Commission is exempt from (a) State of Maryland Sales Tax, (b) District of Columbia Sales Tax, and (c) Federal Excise Tax. Prices, except for the construction of realty, shall not include Sales Tax or Federal Excise Tax.
- Payment —
The Commission within 30 days after acceptance of the work and submission by the Contractor of a suitable invoice will make payment. If the vendor offered a prompt payment discount, such discount time shall be computed from the date of inspection and acceptance of the commodities or services or the date a correct invoice is received from the contractor, whichever is later. If adjustments on deliveries cause a delay in payment, and the fault lies with the vendor, the discount privileges are preserved.
THE COMMISSION IS NOW REQUIRING ALL VENDORS TO REGISTER ON THE COMMISSION’S ONLINE VENDOR REGISTRATION (EZ PROCUREMENT).
- Completion of Work — Upon award of the bid, bidders must be prepared to complete/deliver the work within the time stated in the bid or within the time stated in the proposal if the bid does not state a completion/delivery time.
- Anti-Discrimination Program —
By submitting a bid, a bidder shall understand and agree to:
Not discriminate against minority, female and disabled-owned firms (MFDs) in the selection of subcontractors on Commission projects. For contracts with subcontracting opportunities, offerors are required to provide MFDs the opportunity to submit bids as subcontractors and
to award those MFDs submitting low bids the subcontracts unless there are legitimate reasons not to do so. On certain contracts, the Commission will require offerors to submit standardized forms with their bids that indicate how they have complied with the subcontracting non-discrimination requirements. The Special Conditions section of the bid documents specifies whether these forms must be submitted.
Not discriminate against MFDs in their performance of work as subcontractors on Commission contracts.
Submit forms verifying payment to subcontractors throughout the course of a contract.
Not discriminate against any employee or applicant for employment because of age, sex, race, creed, disability or national origin. If a firm is determined by a final order of an
administrative agency or a court to be in violation of federal, state or county non- discrimination laws, any agreement entered into by the Commission with a firm may be terminated or suspended in whole or in part by the Commission, and the firm may be debarred from bidding on future contracts with the Commission.
The subcontracting non-discrimination program shall apply not only to the initial contract award, but also to certain major change orders and amendments that serve to increase the dollar value of the initial contract.
Any violation of the Commission’s Anti-Discrimination Program may result in suspension or debarment of the violator as well as other civil or administrative remedies. A minority-owned business is any entity that engages in commercial transactions and is at least 51 percent owned and controlled by one or more individuals from the following groups: African Americans (all persons having origins in and of the black racial groups of Africa), Hispanics (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race), Asians or Pacific Islanders (all persons having origins in any of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands), and Native Americans (all persons of American Indian, Aleut, Eskimo or Native Hawaiian background). A female-owned business is any entity that engages in commercial transactions and is at least 51 percent owned and controlled by one or more women. A disabled-owned business is any entity that engages in commercial transactions and is at least 51 percent owned and controlled by persons with physical or mental impairment that substantially limits one or more of the major life activities of the individual, as defined in the Americans with Disabilities Act of 1990.
- Qualification of Bidders —
Bidders must be engaged in Supplying, removing, replacing and repairing various components of a greenhouse structure and must be actively engaged in this field for a minimum of three (3) years. The Commission reserves the right to inspect to the Bidder’s place of business to determine the ability, capacity, and financial stability and other factors necessary to the perform the services herein.
Bidder shall be registered with the Maryland Department of Assessments and Taxation (SDAT) and be in good standing with SDAT. Failure to be registered with the SDAT could deem your company not responsive and responsible.
- Price — Unit prices shall be all-inclusive rate for all labor, equipment, and overhead as required to perform services herein. No reimbursable shall be allowed. In the event that the awarded item is discontinued or replaced, the Contractor agrees to furnish the replacement item at the same price or less. Replacement items must meet the specifications outline below.
- Award —
The Commission intends to make a single award to the lowest responsive and responsible bidder meeting the specifications in this solicitation. The Commission reserves the right not to make an award and bid these services at a later date.
- Contract Term —
The initial term award resulting from this solicitation shall be for two (2).
- Failure to Perform/Deliver — In the event of a Bidder’s failure to comply with the established supply and delivery of supplies, the Commission reserves the right to make an open market purchase of the required materials, and to charge as damages, the difference between the established price and the actual cost incurred by the Commission and to collect such charges from the Contractor, form any money due under this contract, or any other contract with the Commission.
- Contract Term —
The initial term award resulting from this solicitation shall be for two (2) with the possibility of continuing for a period of three (3) one (1) year extensions.
- Estimated Quantities — Any quantities shown on the price schedule are estimates or approximates and are given as a general guide for preparing the bid and shall not be construed as guaranteed quantities. Actual quantities ordered may be higher or lower. Any such variance will not change the unit prices to be paid for the items listed on the price schedule.
- Warranty —
All items shall be covered by the Manufacturer’s standard warranty. Any additional warranties should be clearly stated.
All material must meet state and federal requirements. The bidder at no cost to the Commission must replace all unacceptable material.
- Guarantee — The bidder guarantees that all products offered carry a guarantee against any and all defects for a minimum period of one year from acceptance. The bidder must correct any and all defects in material and/or workmanship, which may appear during the guarantee period by repairing (or replacing with new items or new materials, if necessary) any such defect at no cost to the Commission and to the Commission’s satisfaction. Should a manufacturer’s warranty or guarantee exceed the requirements stated above, the guarantee or warranty will be the primary one used in the case of defect. Copies of manufacturer’s warranties must be provided upon request. All warranties and guarantees must be in effect from the date of acceptance by the Commission of the goods or services. The bidder guarantees that all work shall be accomplished in a workmanlike manner and the bidder must observe and comply with all Federal, State, County and local laws, ordinances and regulations in performing the services listed. Goods and materials provided under this contract must be new, of first quality, latest model and of current manufacture, and are not of such age or so deteriorated as to impair their usefulness or safety. Items that are used or demonstrator models are unacceptable.
- Orders — The Commission may request quotes and/or orders based on actual quantities required either through phone, mail, or email and must provide a Purchase Order number and/or a credit card number with the order to authorize the purchase. All order must have a Purchase Order number.
- Samples/Manufacturer's Specification — Manufacturer’s specifications for offered product should be submitted with the bid proposals. All specifications shall be exactly the items the bidder intends to furnish if awarded a contract. The Commission shall be the sole judge as to acceptability of samples or specifications.
- Insurance Requirements —
Prior to commencing services under the contract, the Contractor must furnish the Commission a certificate of Insurance that is rated at least A by Best’s Key Rating Guide or BBBq by Standard and Poor’s Insurance Rating Services. The certificate of insurance furnished by the Contractor must contain coverage limits in the minimum amounts as provided for in this solicitation.
- Indemnity — The Contractor shall indemnify and save harmless the Commission from and against all actions, liability, claims, suits, damages, cost or expenses of any kind which may be brought or made against the Commission of which the Commission must pay and incur by reason of or in any manner resulting from injury, loss or damage to persons or property resulting from its negligent performance of or failure to perform any of its obligations under the terms of this contract.
- Metropolitan Washington Council of Governments Rider Clause — With the consent and agreement of the successful bidder(s), purchases may be made under this bid by other entities within the Jurisdictions listed in the Rider Clause document. Such purchases shall be governed by the same pricing, terms and conditions stated herein with no deviations allowed. This agreement in no way restricts or interferes with the right to bid any or all of the items or services independently.