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Request for Proposals

Local Fresh Produce

RFP # 2017-40

Procurement Schedule

Issue Date: May 19, 2017

Pre-Proposal Meeting: June 1, 2017 at 10:00 AM EST

Washington County Public Schools

Center for Education Services

10435 Downsville Pike

Hagerstown, Maryland 21740

Deadline for Written Questions Submission: June 6, 2017 by 1:00 PM EST

Proposal Due: June 14, 2017 by 11:00 AM EST Washington County Public Schools

Center for Education Services


Hagerstown, Maryland 21740

Tentative Award Date: July 11, 2017

Dates and/or times are subject to change by the issuing of a written addendum.

WCPS Contract Managers

Procurement Officer Contract Administrator Scott Bachtell Jeff Proulx

Supervisor of Purchasing Supervisor of Food and Nutrition Services

301-766-2842 301.766.2893

[email protected] [email protected]

This RFP document is posted on the WCPS Purchasing website at www.wcpspurchasing.com. This is also the source for

any/all addenda. Please register your company for notices about this RFP and similar projects on our web site.

http://www.wcpspurchasing.com/





RFP # 2017-40 Local Fresh Produce

TABLE OF CONTENTS

Sections Page

I. General Terms & Conditions 3-13

II. Specific Terms & Conditions 14-17

III. Delivery 18

IV. Proposal Requirements 19-20

V. Selection Criteria 21

Required Attachments

A. Farm and Orchard Direct Price Proposal Sheet (submit only the price sheet that pertains to your business)

B. Wholesaler and Distributor Price Proposal Sheet (submit only the price sheet that pertains to your business)

C. Specification, Price, and Addenda Signature Acknowledgment

D. Mandatory Contract Addendum

E. Signature and Addenda Acknowledgement


SECTION I - GENERAL TERMS AND CONDITIONS

1. Introduction

The Washington County Public Schools, hereinafter referred to as "WCPS", is seeking proposals at this time

for providing a variety of fresh, locally grown produce (raw fruit and vegetables) for pick up or delivery to the

10 school locations identified in these specifications. All schools are located in Washington County,

Maryland. This request for proposals (RFP) provides to those companies interested in submitting a proposal

sufficient information to prepare and submit a responsive proposal to Washington County Public Schools.

The types of produce will include items such as apples, lettuce, tomatoes, celery, beets, carrots, etc. as

requested in the enclosed Price Form. Bidders are encouraged to propose any additional produce items which

may be available locally for consideration. Washington County Public Schools ("WCPS") anticipates

awarding multiple contracts under this RFP to multiple participating bidders.

The Board of Education of Washington County ("WCBOE") is the legal entity and governing authority that

will award the resulting contracts. Bidders are requested to submit comprehensive proposals for as many

produce items as available in response to this RFP.

WCBOE will not guarantee any purchase quantity or expenditure amount under the resultant contracts.

Additionally, the resultant contracts will be considered "non exclusive" as WCPS may purchase fresh produce

throughout the school year from any supplier based upon availability, good value/quality, and competitive

price.

Bids may be submitted by growers, wholesalers, and distributors. There is no requirement for “direct from

farm” participation.

2. Definitions

As contained herein, the terms “WCPS” and “Schools” mean Washington County Public Schools. The terms

“bidder”, “offeror”, “firm”, and “person” are synonymous, and mean an entity submitting a proposal in

response to this solicitation. Similarly, the terms “bid”, and “proposal”, mean the response submitted by an

offeror. The term “contractor” means an offeror awarded a contract as a result of this solicitation. The terms

“General and Special Provisions”, “requirements”, “scope”, “specifications”, and “criteria” mean the services,

terms, and conditions required by the RFP.

3. Bidder Registration

Vendors are solely responsible for completing the vendor registration process online at wcpspurchasing.com.

Contact Beverly Bergan, Purchasing Associate, at 301-766-2841, or by email to: [email protected]

if you have any questions or to check the status of your registration. Once registered in the WCPS Vendor

Database, you will be able to view current solicitations and may automatically receive notification of certain

bid solicitations. Washington County Public Schools will not be held responsible for a company’s failure to

become and remain a registered Vendor, to identify appropriate commodity/service categories, to keep the

self-service vendor account up to date with current contact information, and to accomplish these things in a

timely manner. Bidders with a repeated history of not bidding in a specific category may be removed from the

Vendor Database for that category at the discretion of the Purchasing Supervisor.

4. Receipt of Bids

a. Bids received prior to the time of opening will be time stamped and securely kept unopened. No bid

received after the due date and time listed will be considered. WCPS will not be responsible for the

premature opening of bids received that are not properly addressed or identified. Any bid may be

withdrawn before the scheduled time for opening bids.

b. All inner and outer envelopes and packaging, used by Fed Ex, UPS and etc., are to be labeled with the

following:

Bidder Name

http://wcpspurchasing.com/vendors-contractors/becoming-wcps-vendor

mailto:[email protected]


Bid Number and Name

Due Date and Time

c. Bids received after the designated date and/or time will not be accepted, regardless of when they were

mailed or given to a delivery carrier.

d. Bids not received by the date, time, and location designated on the solicitation cover sheet, due to

improper labeling, may be considered non-responsive.

e. In the event of inclement weather on the date when bids are scheduled to be opened and the WCPS offices

are closed, or operating under a modified schedule, bids will be opened on the next business day at the

same time as previously scheduled. Bids will be accepted until the scheduled time of opening on the next

business day. Often when schools are closed due to inclement weather, administrative offices remain

open. When in doubt, call the Purchasing Department (301-766-2840).

5. Addenda

a. All changes to the bid solicitation will be made through appropriate addenda issued from the Purchasing

Department.

b. Addenda will be available on the WCPS Purchasing Department webpage.

c. Addenda will be issued a minimum of five days prior to the bid opening date, unless the addenda issued

extends the due date.

d. Each bidder shall ascertain, prior to submitting a bid that they have received all Addenda issued and the

bidder shall acknowledge receipt on the Signature Acknowledgement Form. Failure of any bidder to

acknowledge the receipt of addenda will not relieve that bidder from any obligations under this solicitation

as amended by addenda. All addenda so issued will become part of the award and contract documents.

6. Preparation of Bid

a. Should any bidder be in doubt as to the meaning of the specifications, or should they find any discrepancy

or omission, they shall notify the Contract Managers listed on the solicitation cover sheet. No pleas of

ignorance of such conditions and requirements resulting from failure to make such investigations and

examinations will relieve the successful offeror from its obligations to comply in every detail with all the

provisions and requirements of the contract documents, or will be accepted as a basis for any claim

whatsoever for any monetary consideration on the part of the successful bidder. If required, bidders will be

notified of clarifications and/or additional information by means of addenda.

b. Each bid will be sealed, show the full business address and contact information of the bidder and be

signed by the person(s) legally authorized to sign contracts. All correspondence concerning the bid and

contract, including notice of award, copy of contract, and purchase order, will be emailed, or mailed, to the

address shown on the bid in the absence of written instructions from the bidder to the contrary.

c. Bidders shall be required under Article 56, Section 270(4), Annotated Code of Maryland, to provide proof

of Certificate of Registry and must be licensed to do business in the State of Maryland and must provide a

tax certification number. Visit the following website to ensure compliance:

https://certificate.dat.maryland.gov/Pages/default.aspx

d. By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment

of any obligations due and owing the State of Maryland, including the payment of taxes and employee

benefits, and that it shall not become so in arrears during the term of the contract if selected for contract

award.

e. Bids by partnerships must be signed with the partnership name, followed by the signature and designation

https://certificate.dat.maryland.gov/Pages/default.aspx


of the person having authority to sign. When requested, satisfactory evidence of authority of the person

signing will be furnished. Anyone signing the bid as an agent shall file satisfactory evidence of their

authority to do so, if requested.

f. Bids by corporations must be signed with the name of the corporation, followed by the signature and

designation of the person having authority to sign. When requested, satisfactory evidence of authority of

the person signing will be furnished. Anyone signing the bid as an agent shall file satisfactory evidence of

their authority to do so, if requested.

g. Failure to sign the bid document will result in rejection of the bid as non-responsive.

h. WCPS will not be responsible for any costs incurred by a bidder in preparing and submitting a proposal in

response to this solicitation.

7. Insurance

The Contractor shall purchase and maintain such insurance as will protect the contractor, and the BOARD OF

EDUCATION OF WASHINGTON COUNTY, from claims which may arise out of or result from the

Contractor's operations under the contract, whether such operations be by himself or by any subcontractor, lower

tier contractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of

them be liable.

This requested certificate of insurance will name the BOARD OF EDUCATION OF WASHINGTON

COUNTY as an additionally insured party for general liability, professional liability and workers'

compensation. The certificate will be submitted to the Purchasing Department (within 10 days of

receiving an Award Letter) verifying that the indicated below will be maintained prior to commencement

of work.

Coverage Required:

Worker's Compensation:

1. State

2. Employer’s Liability

Comprehensive General Liability (including Premises-Operations; Independent Contractor's Protective

products and Completed Operations; Board Form Property Damage);

1. Bodily Injury:

$1,000,000.00 - Each occurrence

$1,000,000.00 - Aggregate, Products and Completed Operations

2. Property Damage:


$1,000,000.00 – Aggregate

Products and Completed Operations Insurance shall be maintained for a minimum period of two (2) years

after final payment, and contractor shall continue to provide evidence of such coverage to owner on an annual

basis during the aforementioned period.

Contractual Liability (Hold Harmless Coverage):

1. Bodily Injury:


2. Property Damage:


$1,000,000.00 - Aggregate

Personal injury, with employment exclusion deleted: $1,000,000.00.


Comprehensive Automobile Liability (Owned, non-owned, hired)

1. Bodily Injury:

$ 500,000.00 - each person

$2,000,000.00 - each occurrence

2. Property Damage:

$1,000,000.00 - each occurrence

Professional liability, errors and omissions insurance at a limit of not less than $1,000,000.

8. Samples

a. Samples may be requested for testing and evaluation purposes. Failure to submit samples as required at

the time designated may be cause for rejection of that item.

b. All samples must be delivered with all charges prepaid to the designated point of delivery. Samples must

be marked as “SAMPLE” and include the name of the bidder, bid name and number, and return

instructions, if applicable.

c. The right is reserved to retain any sample submitted with bids for the purposes of examination and testing.

WCPS reserves the right to use all samples in any manner which may best serve the final determination of

the successful bidder, even if said examination and testing results in damage to or destruction of the

sample.

d. WCPS retains the right to determine the method of testing to be utilized.

e. Samples that are not retained by WCPS must be removed within two weeks upon notification. Return

shipping must be prepaid by the vendor. Samples not removed within this two-week period shall be

retained, or disposed of, at the discretion WCPS, and without compensation to the bidder.

9. Packaging and Delivery Requirements

a. All materials must be securely packed in accordance with accepted trade practices.

b. A packing list will be included in each shipment. This list shall contain the following information:

Purchase Order Number, Vendor Name, Item Description, Item Number, Quantity and Delivery Location.

Failure to comply with this condition may be considered sufficient reason to refuse to accept the goods.

c. All materials, supplies and equipment for WCPS shall be delivered F.O.B Destination. Unless otherwise

noted in Section II, all items shall be delivered inside the WCPS location.

d. Special delivery and handling instructions will be defined in Section II of each bid.

e. All school deliveries shall be made during the hours of 7:00 A.M. and 1:00 P.M. local time and only on

regular school days, except where modified in Section II.

f. No help for unloading will be provided. Suppliers shall notify their delivery personnel accordingly.

g. The awarded vendor(s) shall be held responsible for and shall be required to make good at their expense,

any and all damage done or caused by their employees in the execution of the contract as determined by

WCPS.

h. The vendor will be required to furnish proof of signed delivery in every instance. Delivery receipts

indicating only the number and weight of cartons received will not constitute "proof" of delivery in the

event of a dispute. WCPS will not accept responsibility for deliveries that have not been signed for by a

WCPS employee.


10. Taxes

No charge will be allowed for federal excise, state, and/or municipal sales and use taxes, from which the

Board of Education of Washington County is exempt. Pricing will be net and will not include the amount of

any such tax. Bidders will be required to pay the tax on all purchases and can recover it only as a part of their

bid price. Exemption certificates will be furnished upon request.

11. Errors in Bid Submissions

a. Bidders, or their authorized representatives, are expected to fully inform themselves as to the conditions

and requirements of the specifications before submitting bids. Failure to do so will be at the bidder's own

risk.

b. If the bidder has made an error, the bidder may request, in writing, to have their bid withdrawn. Approval

of a bidder's request is not automatic and may be given only by the Supervisor of Purchasing. Requests for

withdrawal are usually denied, unless the bidder proves to the satisfaction of the Supervisor of Purchasing

that the mistake was either a scrivener's error or another type of clearly unintentional error so departing

from customary and reasonable business practices as to be obvious and to legitimately and substantially

impair the vendor's business.

c. Neither law nor regulations make allowance for errors either of omission or commission on the part of the

bidders. In case of error in multiplication of unit price when arriving at total price per line item, the unit

price shall govern. If there is a discrepancy between the price written in numbers and the price written in

words, the words will govern.

12. Award or Rejection of Bids

a. The basis of award shall be the lowest responsible bidder(s) submitting a responsive bid that conforms to

the specifications established in the solicitation with consideration given to the quantities involved, time

required for delivery of services, competency and responsibility of bidder, the ability of the bidder to

perform satisfactory service, and the plan for utilization of minority contractors, if applicable.

b. All RFP Documents, any addenda, Price Proposal, Service Agreement, and resulting purchase orders will

constitute the form of the contract.

c. WCPS reserves the right to cancel this RFP at any time, to determine completeness and/or timeliness of

bids, to reject any or all bids in whole or in part, to make partial awards, to waive any informality in any

quotation, to increase or decrease quantities if quantities are listed in the bid, to reject any bid that shows

any omissions, alterations of form, additions not called for, conditions, or alternate proposals, to conduct

discussions with any or all qualified or potentially qualified Bidders in any manner necessary to serve the

best interests of the WCPS, and to make any such award as is deemed to be in its best interest.

d. Bidders may be required, before the awarding of a contract, to show to the complete satisfaction of WCPS,

that they have the necessary facilities, ability and financial resources to execute the contract in a

satisfactory manner, and within the time specified. Bidders may be required to demonstrate they have the

necessary experience, history and references to assure WCPS of their qualifications.

e. The Board of Education of Washington County reserves the right to award the bid within 90 days from the

date of the bid opening. This period may be extended at the Procurement Officer's request only with the

Bidder's written agreement.

f. In the event of a tie, where all other factors, such as past performance, are considered comparable, the

award shall be made to the Washington County based bidder; the closest Maryland out-of-county based

bidder; and the closest out-of-state based bidder, in that order of preference.

g. WCPS does not have local, state or federal preference requirements except when mandated by a targeted

funding source.


h. If, after competitive sealed bids have been opened, the Supervisor of Purchasing determines that only one

responsible bidder has submitted a responsive bid, the procurement contract may be negotiated with that

one bidder as sole source procurement or the procurement may be re-bid, whichever is deemed to be in the

best interest of WCPS.

i. A recommendation for the award of a contract will be presented to the Board of Education of Washington

County for approval. Upon approval of the award of contract, the bidder(s) shall be notified of their

award(s). If applicable, a WCPS contract document shall also be issued.

j. The Board of Education of Washington County reserves the right to reject the bid of a bidder who has, in

the opinion of WCPS, failed to properly perform under previous contracts, or, who investigation shows, is

not in a position to perform the contract.

k. The Board of Education of Washington County retains the right to reject any and all bids, if it is deemed in

the best interest of WCPS to do so.

l. If, during the life of the contract, a product or service does not meet the solicitation terms and conditions,

WCPS retains the right to cancel the awarded item(s) and award to a new bidder, as long as that bidder

mutually agrees to the award.

13. Billing and Payment

a. Invoices shall be submitted to:

Washington County Public Schools Attn: Food and Nutrition Services 10435 Downsville Pike Hagerstown, MD 21740

b. Invoices and packing slips must contain the following information: i. Bid Number

ii. Brief Description of Item or Work Performed iii. Unit Price Bid iv. Extended Total for Each Item

c. WCPS standard payment terms are Net 30

14. Contract Assignment

a. The awarded vendor(s) will not assign or transfer any portion of their interest or obligation under this

Agreement to any third party, without the prior written consent of the Contract Managers. Nothing herein

shall be construed to create any personal or individual liability upon any employee, officer, elected official

of the Board of Education of Washington County, nor shall this Agreement be construed to create any

rights hereunder in any person or entity other than the parties to this Agreement.

b. The awarded vendor(s) will, when required, submit to the Contract Managers, in writing, the name of each

subcontractor they intend to employ, the portion of the material or services to be furnished, their place of

business, and any such information as may be required in order to know whether such subcontractor is

reputable and reliable and able to furnish satisfactorily the material or services as called for in the

specifications.

c. WCPS reserves the right to approve or disapprove all subcontractors to be employed on a project. WCPS

further reserves the right to approve or disapprove a change of subcontractor once an initial subcontractor

has been approved. Any increased cost associated with the change of a subcontractor shall be the full

obligation and responsibility of the awarded vendor(s).


d. The awarded vendor(s) will not legally, or equitably, assign any of the funds payable under the contract, or

its claim thereto, unless by, and with, the consent of the Contract Managers.

e. The awarded vendor(s) will have the same provisions inserted in all subcontracts relative to the terms of

the general conditions and other contract documents. Nothing contained in this contract shall create any

contractual relations between any subcontractor and WCPS.

15. Multi-Year Contract

a. Contracts that require funding appropriation for more than one fiscal year automatically terminate if

money sufficient for the continued performance is not appropriated for any fiscal year. The date of

termination is the last day of the fiscal year for which money was last appropriated, or the date provided in

the termination clause of the procurement contract, whichever is earlier.

b. If the multi-year contract is terminated due to lack of funding, WCPS shall reimburse the vendor for the

reasonable value of any nonrecurring costs that were incurred as a result of the multi-year contract, but not

amortized in the price of the supplies or services delivered under the multi-year contract. The reasonable

value will be negotiated, and mutually agreed upon, by WCPS and the vendor.

c. The cost of termination may be paid from any appropriation available for that purpose.

16. Hold Harmless

It is understood that the awarded vendor(s) shall defend and hold harmless the Board of Education of

Washington County, and its representatives, from all suits, actions, or claims of any kind brought about as a

result of any injuries or damages sustained by person(s) or property during the performance of this contract.

17. Termination for Default

a. When an awarded vendor has not performed or has unsatisfactorily performed the contract, payment shall

be withheld at the discretion of WCPS. WCPS may, by written notice of default to the vendor, terminate

the whole or any part of the contract in any of the following circumstances:

i. If the vendor fails to perform the services or provide the products within the time and manner

specific herein or any extension thereof, or:

ii. If the vendor fails to perform any of the provisions of this contact, or fails to make progress as

to endanger performance of this contract, in accordance with its terms and in either of these

two circumstances does not cure such failure within a period of ten calendar days (or longer as

authorized by the Supervisor of Purchasing) after receipt of written notice from the Supervisor

of Purchasing of such failure, or:

iii. If the vendor willfully attempts to perform the services other than specified as to coverage,

limits, protections, and quality or otherwise, without specified authorization in the form of

contract amendment, or:

iv. If a determination is made by WCPS that the obtaining of the contract was influenced by an

employee WCPS having received a gratuity, or a promise therefore, in any way or form.

b. In the event WCPS terminates the contract in whole or in part, WCPS may procure such products and

services, in a manner the Supervisor of Purchasing deems appropriate, and the vendor shall be liable to

WCPS for any additional cost(s) incurred.

c. If, after notice of termination of this contract under provisions of this clause, it is determined for any

reason that the vendor was not in default under the provisions of this clause, or that the default was

excusable under the provisions of this clause, the rights and obligations of the parties shall be the same as


if the notice of termination had been issued pursuant to a termination for convenience.

18. Termination for Convenience

The contract may be terminated by WCPS in accordance with this clause in whole, or in part, whenever

WCPS determines that such a termination is in the best interest of WCPS. Written notice shall be given a

minimum of 60 days in advance. WCPS will pay for all services, in accordance with contract pricing, up to

the date of the termination. However, the awarded vendor(s) shall not be reimbursed for any anticipatory

profits that have not been earned up to the date of termination. Under this contract, the awarded vendor does

not have a right to unilateral termination for convenience.

19. Governing Law and Venue

The solicitation shall be construed in accordance with, and interpreted under, the laws of the State of

Maryland. Any lawsuits shall be filed in the appropriate State Court located in Washington County,

Maryland.

20. Multi-Agency Participation

a. WCPS reserves the right to extend the terms and conditions of this solicitation to any and all other

agencies within the state of Maryland, as well as, any other federal, state, municipal, county, or local

governmental agency under the jurisdiction of the United States and its territories. This is conditioned

upon mutual agreement of all parties pursuant to special requirements, which may be appended thereto.

The awarded vendor(s) agrees to notify the issuing body of those entities that wish to use any contract

resulting from this bid and will also provide usage information, which may be requested.

b. By agreeing to extend the contract to other agencies, the vendor(s) reaffirms and warrants his original

commitment to WCPS so that afterwards all items and services shall continue to conform to the

requirements and conditions of the original agreement for its duration. Agencies who utilize the contract

agree to notify WCPS Purchasing Department of any significant experiences, problems or issues which

may, or may have the potential to, affect our administration of this contract.

c. WCPS assumes no obligation on behalf of any other agency and shall be held harmless if either party is

damaged due to the agency or vendor’s failure to become informed of, or comply with, any provision or

pricing under this agreement. All purchase orders and billing will be transacted between the vendor and

the public agency.

d. Each participating jurisdiction or agency shall enter into its own contract with the awarded vendor(s) and

this contract shall be binding only upon the principals signing such an agreement. Invoices shall be

submitted in duplicate “directly” to the ordering jurisdiction for each unit purchased. Disputes over the

execution of any contract shall be the responsibility of the participating jurisdiction or agency that entered

into that contract. Disputes must be resolved solely between the participating agency and the awarded

vendor(s). The Lead Agency does not assume any responsibility other than to obtain pricing for the

specifications provided.

21. Compliance with Specifications

a. The awarded vendor(s) will abide by, and comply with, the true intent of the specifications and not take

advantage of any unintentional error or omission, but will fully complete every part as to the true intent

and meaning of the specifications and drawings.

b. Whenever mention is made of any article, material, or workmanship to be in accordance with laws,

ordinances, building codes, underwriter's code, A.S.M.E. regulations, or similar expressions, the

requirements of these laws, ordinances, etc., shall be construed as to the minimum requirements of these

specifications.

c. Where the requirements of the specifications call for a higher grade and are not in conflict with the laws,

ordinances, etc., the specifications shall govern.


d. In the case of any apparent conflict between the specifications and such laws, ordinances, etc., the

awarded vendor(s) will contact the Contract Administrator and the Contract Manager for a decision before

proceeding with any work.

22. Laws and Regulations

a. The vendor will comply with all Federal, State, and local laws, ordinances and regulations pertaining to

work under their charge. If the vendor performs any work which it knows or should know to be contrary

to such laws, ordinance, and regulations and without such notices to WCPS they shall bear all costs arising

therefrom.

b. All vendors and subcontractors must abide by the Board of Education of Washington County policies and

WCPS regulations while working on school property.

c. The vendor certifies that their firm adheres to or follows non-discriminatory practices with respect to the

employment and promotion of personnel without regard to color, creed, race, sex, or national origin.

23. Employment of Child Sex Offenders and Persons with Uncontrolled Access to Students

a. Be advised that individuals who are registered sex offenders are not eligible to work on any WCPS’

project. The awarded vendor(s) must initially check the Maryland Department of Public Safety &

Correctional Services’ Maryland Sex Offender Registry and search for the name of any employee to be

assigned to work on this project. This applies to subcontractors and material/equipment suppliers as well.

For projects lasting more than a few months, the vendor will periodically re-check the names of workers

against the registry to ensure ongoing compliance. In the event that a registered sex offender is discovered

to be working on a WCPS project, whether through employment by the vendor, subcontractor or

equipment or material supplier, WCPS will notify the site superintendent to immediately remove the

individual from the premises and permanently terminate his work assignment. WCPS may terminate this

contract at no additional costs, as a result if the vendor is unable to demonstrate they have exercised care

and diligence in the past in checking the Maryland registry.

b. Contracted service providers who have regular, direct and unsupervised access to children cannot begin

service without undergoing the same process as new employees per WCPS. If required, an awarded

vendor(s) is responsible for payment of the full cost of the criminal background check. If required,

additional information regarding this requirement will be found in Specific Terms & Conditions.

c. The awarded vendor(s), or subcontractor(s), may not knowingly assign an employee to work on WCPS

school premises with direct, unsupervised, and uncontrolled access to children, if the employee has been

convicted of a crime identified as a crime of violence.

d. The awarded vendor(s) will not assign employees who has been convicted of an offense under § 3-307 or

§ 3-308 of the Criminal Law Article or an offense under the laws of another state that would constitute a

violation of § 3-307 or § 3-308 of the Criminal Law Article if committed in the state.

e. An awarded vendor will not assign an employee who has been convicted of a crime of violence as defined

in § 14-101 of the Criminal Law Article, or an offense under the laws of another state that would be a

violation of § 14-101 of the Criminal Law Article if committed in this state.

24. Tobacco-Free Workplace

a. Maryland State Law (COMAR 13A.02.04) provides that each local school system is required to maintain

a tobacco-free school environment.

25. Weapon Possession on School Property

a. The criminal code of Maryland makes it illegal to possess a weapon on school property.


b. Any awarded vendor(s) whose employees violate this clause may be subject to the termination of the

contract for cause.

26. Illegal Immigrant Labor

The use of illegal immigrant labor to fulfill contracts solicited by WCPS is in violation of the law and is

strictly prohibited. Awarded vendor(s) and subcontractors must verify employment eligibility of workers in

order to assure that they are not violating federal/state/local laws regarding illegal immigration. A compliance

audit may be conducted.

27. Student/Staff Confidentiality

a. Under no circumstances may any vendor/contractor/provider/consultant release, disclose, sell or otherwise

use names, addresses, or any other information related to students, or staff, of WCPS and may only use

this information for purposes required under any contract/agreement or memorandum of understanding.

b. The vendor/contractor/provider/consultant shall keep confidential, in accordance with federal and state

laws, all confidential and medical information that is obtained as the result of the performance of the

services described in this contract/agreement or memorandum of understanding.

28. Public Information Act Notice

a. Bidders should identify those portions of their solicitation, which they deem to be confidential, or to

contain proprietary commercial information or trade secrets. Bidders should provide justification why

such material, upon request, should not be disclosed by WCPS under the Public Information Act, Title 4,

General Provisions Article, Annotated Code of Maryland.

b. Unless portions of a solicitation are identified as confidential, all records are considered public. A person

or governmental unit that wishes to inspect a public record, or receive copies of a public record, shall

submit a written or electronic request.

c. WCPS will notify the vendor if a Freedom of Information Act (FOIA) request is received in connection

with an RFP that has confidential information identified.

29. Indemnification

The Vendor shall indemnify, defend, and hold harmless the Board and its respective elected officials,

employees, departments, agents, and volunteers from any and all claims, demands, suits, and actions,

including attorney's fees, litigation expenses and court costs, connected therewith, brought against the Board

and its respective elected officials, employees, departments, agents, and volunteers, arising as a result of any

direct or indirect, willful, or negligent act or omission of the Vendor (or its employees, agents, or volunteers),

including any and all claims, costs, and/or losses whatsoever occurring or resulting from the Vendor’s failure

to pay any such compensation, wages, benefits, or taxes, and the supplying to the Vendor of work, services,

materials, or supplies in connection with or in support of the performance of this Agreement.

30. Force Majeure

Force Majeure is defined as an occurrence beyond the control of the affected party and not avoidable by

reason of diligence. It includes the acts of nature, war, riots, strikes, fire, floods, epidemics, terrorism, or other

similar occurrences. If either party is delayed by Force Majeure, said party shall provide written notification

to the other within 48 hours. Delays shall cease as soon as practicable and written notification of same

provided. The time of contract completion may be extended by contract modification, for a period of time

equal to that delay caused under this condition. WCPS may also consider requests for price increase for raw

materials that are directly attributable to the cause of delay. WCPS reserves the right to cancel the contract

and/or purchase materials, equipment or services from the best available source during the time of Force

Majeure, and the vendor shall have no recourse against WCPS. Further, except for payment of sums due,

neither party shall be liable to the other or deemed in default under this contract, if and to the extent that such

party’s performance of this contract is prevented by reason of Force Majeure as defined herein.


31. Non-Collusion

a. Bidder represents and certifies that prices for these services have been arrived at independently without

consultation, communication, or agreement for the purpose of restricting competition or any matter related

to such prices with any competitor or other bidder. Prices quoted in this bid have not been knowingly

disclosed directly or indirectly to any competitor or other vendor prior to the opening of this bid.

b. Bidder represents and certifies that it has not employed or retained any other company or person (other

than a full-time bona fide employee working exclusively for the bidder) with the primary intent to solicit

or secure the contract.

32. Conflict Of Interest

The bidder will advise WCPS in writing as soon as possible, but not later than the date of the Bid/RFP

opening, of any known relationships with a third party, or WCPS employee or representative, which would

present a significant advantage to one bidder over another bidder or present a conflict of interest with the

rendering of products and services under this agreement.

33. False Statements

Bidders are advised that Section 11-205.1 of the State Finance and Procurement Article of the

Annotated Code of Maryland provides as follows:

a. In connection with a procurement contract a person may not willfully:

i. falsify, conceal, or suppress a material fact by any scheme or device;

ii. make a false or fraudulent statement or representation of a material fact; or

iii. use a false writing or document that contains a false or fraudulent statement or entry of a material

fact.

b. A person may not aid or conspire with another person to commit an act under subsection (a) of this

section.

c. A person who violates any provision of this section is guilty of a felony and on conviction is subject to a

fine not exceeding $20,000 or imprisonment not exceeding 5 years or both.

34. Maintenance of Records

The Vendor agrees to make available at the office of the Vendor at all reasonable times, and upon reasonable

written notice, during the term of this Contract and the period set forth below, any of the records for

inspection, audit, or reproduction by any authorized WCPS representative. The Vendor shall preserve and

make available its records for a period of three (3) years from the date of final payment under this Contract.

35. eMaryland Marketplace Registration

Contractors are required to register with eMaryland Marketplace (https://emaryland.buyspeed.com/bso/)

within five (5) days following notice of award. Maryland law requires local and state agencies to post award

notices on eMaryland Marketplace. This cannot be done without the contractor’s self-registration in the

system. Registration is free. Failure to comply with this requirement may be considered grounds for default.

It is recommended that any interested bidder register with eMaryland Marketplace regardless of the award

outcome for this procurement as it is a valuable resource for bid notification for municipalities through

Maryland.

https://emaryland.buyspeed.com/bso/


SECTION II - SPECIFIC TERMS AND CONDITIONS

1. Pre-Proposal Conference

A pre-proposal conference will be held at the date, time, and location listed on the coversheet of this RFP.

Attendance at the pre-proposal conference is not required. However, all interested companies are encouraged

to attend this important meeting.

If WCPS offices are closed or operating on a modified schedule due to inclement weather on the day a Pre-Bid

is scheduled, the Pre-Bid is cancelled and will not be rescheduled unless an addendum is issued. Bidders are

advised that they are to email questions to the identified Contract Administrators by the date and time required

within this solicitation. Often when schools are closed due to inclement weather, administrative offices remain

open. When in doubt, call the Purchasing Department (301-766-2840).

2. Questions and Inquiries

Questions and inquiries should be emailed to Scott Bachtell ([email protected]) with a copy to Jeff

Proulx ([email protected]). Please put the following in the subject line “2017-40 – Local Fresh

Produce”.

3. Contract Period

The initial contract term shall be effective from August 1, 2017 through July 31, 2018. The contract may be

extended for two additional one-year terms, at the discretion of the Board of Education with all terms and

conditions of the original contract remaining unchanged. Bidders automatically accept the possibility of

contract renewal as a condition of award.

4. Pricing

Farm and Orchard Direct Pricing:

1. Use the Farm and Orchard Direct Price Proposal Sheet.

2. Pricing is to include all costs for cleaning, handling, packaging, and delivering produce items according to

these product specifications.

3. All prices shall remain firm through the initial contract period.

4. Prices quoted must be valid for a minimum period of 90 days from the date of the bid opening in order to

have time to evaluate and award the contract. Price increases will not be accepted after submission of bid

proposal or after orders are placed. Vendors are expected to understand the terms of this bid.

5. Price adjustments from the vendor for any/all items may be considered at renewal. The request is subject

to approval by the Contracting Officer.

Wholesaler and Distributor Pricing:

1. Use the Wholesaler and Distributor Price Proposal Sheet.

2. Two prices will apply to all purchased produce under this contract:

Fixed Fee Per Case: which includes: handling, delivery, overhead and profit and encompasses all costs

associated with the furnishing of the product under the specified terms and conditions except the product

itself.

Invoice Price: The base price for the produce.

Fixed Fee Per Case + Invoice Price = The Sell Price to WCPS. No other fees/charges will apply.

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mailto:[email protected]


a. Fixed fee per case is the only acceptable method of pricing of delivery/handling under the bid. Cost

plus percentage fee proposals are prohibited. Fee structures shall remain fixed and firm throughout the

initial term of the contract.

b. The Offeror shall provide a fixed fee per case in a dollars and cents format to two (2) decimal points

(example $1.19). The fee quoted shall include all costs, delivery and profit. No additional charges will

be accepted.

c. The Fixed Fee per Case Price shall remain firm through the initial contract period.

d. Prices quoted must be valid for a minimum period of 90 days from the date of the bid opening in order

to have time to evaluate and award the contract. Price increases will not be accepted after submission of

bid proposal or after orders are placed. Vendors are expected to understand the terms of this bid.

e. Price adjustments from the vendor for any/all items may be considered at renewal. The request is

subject to approval by the Contracting Officer.

f. The fee for broken cases shall be prorated based on the number of units ordered from the full case.

Offeror shall describe which, if not all, products it accepts for sale as a broken case.

g. All prices quoted shall be F.O.B. destination to WCPS.

5. Acceptance of Terms and Conditions

This RFP contains no contractual offer of any kind. Any proposal submitted will be regarded as an offer by

your company and not an acceptance of any offer by WCPS. No contractual relationship will exist except

pursuant to a written Notice of Award/Acceptance and a fully executed Purchase Agreement issued by WCPS.

By submitting a response to this RFP, an offeror shall be deemed to have accepted all the terms, conditions, and

requirements set forth in the RFP and addenda unless an exception is clearly noted and the reason for the

exception explained in the proposal. Failure to indicate any exception in the Proposal shall be an indication that

the respondent will fully comply with all RFP requirements as written.

6. Contract Terms

a. Bid pricing shall be inclusive of all charges for transportation and inside delivery.

b. After confirmation of product availability, if required an order will be issued within ten days. The

Contract vendor must guarantee a 98% fill rate for all properly confirmed orders. Contract vendor must

notify the Supervisor of Food and Nutrition Services or his designee in advance of delivery, if unable to

deliver items as ordered.

c. Delivery terms will be mutually agreed to by Food and Nutrition Services and awarded vendor.

d. At receipt, product will be inspected for acceptable quality, temperature and quantities verified against the

order. WCPS reserves the right to refuse product due to unacceptable packaging, quality or temperature.

Any delivery discrepancies will be noted on the delivery receipt and signed by the school kitchen

supervisor.

e. Product to be bulk packed either in bins or other mutually agreeable shipping container. Each bin or

shipping container is to be labeled with items and quantities in the container. Where appropriate, products

shall be palletized. Pallets may be exchanged at time of delivery.

f. After a purchase order is issued, problems regarding delivery/installation, availability, etc. must be

15


communicated in writing to the Supervisor of Food & Nutrition Services, or his/her designee.

g. Once an order has been issued, no substitutions from the items ordered will be permitted without express

permission of the Supervisor of Food & Nutrition Services. Any unapproved substitution will be grounds

for rejection of the product upon pick-up/delivery and returned at the supplier’s expense, including

transportation costs.

h. WCPS is not obligated to any purchase quantity or dollar amount. The Board of Education will reject bids

that stipulate minimum order quantities that must be purchased.

i. This contract will be used on an “as needed” basis. There is no guarantee of purchase amount or dollar

amount for awarded vendors. WCPS reserves the right to make purchases from alternate sources if it is in

its best interest to do so.

7. Award

It is WCPS’ intent to award the contract to the firm(s) which, based upon the criteria for evaluation, is the

most responsive, responsible and the most qualified to accomplish the scope of services (work) and is in the

best interest of WCPS.

8. Open Enrollment

Annually (January 1st – January 31st), during the life of the contract, WCPS will accept letters of interest from

Farms and Orchards to become qualified vendors under this solicitation.

The open enrollment period will be the month of January.

Any requests received outside of the month of January will not be considered and must be resubmitted

during the next open enrollment period.

After WCPS completes a review of the letters of interest received during the open enrollment period,

WCPS will notify the qualified vendors to review their letter of interest and the RFP documents.

Samples may be requested during their Availability Period.

Vender will be notified in writing of their status by the Purchasing Department.

Those venders that become qualified during the open enrollment period will become approved venders

for the remaining term of the contract and will be considered for purchases by the Food and Nutritional

Services Department during the next school year.

Vender will then need to submit their School Year Price List (August 1 through July 31) for all Produce

items available from your company.

Pricing must be submitted on the Farm and Orchard Direct Price Proposal Sheet.

9. American Food Products

a. Schools and Institutions participating in the National School Lunch Program and the School Breakfast

Program in the contiguous United States are required by law to use school food service funds, to the

maximum extent practicable, to buy domestic commodities or products for meals served under these

programs. A “domestic commodity on product” is defined as one that is either produced in the U.S. or is

processed in the U.S., substantially using agricultural commodities that are produced in the United States.

The term “substantially” means that over 51 percent of the final product consists of agricultural

commodities that were grown domestically.

b. Two situations may warrant a waiver to permit purchases of foreign food products:

i. The product is not produced or manufactured in the U.S. in sufficient and reasonable

available quantities of a satisfactory quality.

ii. Competitive bids reveal the costs of a U.S. product is significantly higher than the

foreign product.

16


c. If requested, WCPS will require that the vendor certify the percentage of U.S. content in a particular

product(s).

10. Investigation

a. By submitting a Proposal, the Bidder acknowledges that they have investigated and satisfied themselves as

to the conditions affecting the work, including, but not restricted to, those bearing upon transportation (if

applicable), disposal, handling and storage of commodities, availability of labor, and services.

b. Any failure by the Bidder to acquaint themselves with the available information will not relieve them from

responsibility for successfully performing the work.

c. WCPS retains the right to inspect any shipment in advance at its discretion. If defects are found, and the

product is determined to be unacceptable to WCPS, the order may be cancelled without payment or

cancellation penalty to WCPS. The contractor would not be financially compensated for any product

determined by WCPS to be unacceptable or defective in any way.

11. Data Provided

The following information is provided by WCPS as information to all prospective

Bidders:

a. School Address List

b. Number of Students: 22,000

c. Number of Meals Served Annually: 12,000 lunches, 8,500 breakfasts

12. Damages/Responsibilities for Items Tendered

a. The vendors will be held responsible for and shall be required to make good, at their own expense, any or

all damages done or caused by them or their workers in the execution of the contract.

b. The vendors will be responsible for the items covered by this contract until they are delivered and/or

installed/assembled at the designated place of delivery.

13. Electronic Version

The RFP has been made available by electronic means to expedite the Proposal submittal process. The Bidder

acknowledges and accepts fully the responsibility to ensure that no changes are made to this RFP. In the event

of a conflict between a version of the RFP in the Bidder’s possession and the Purchasing Department’s version

of the RFP, the document held by the Purchasing Department shall govern. A hard copy of all documents

must be submitted with original signatures, if there is a conflict between the electronic copy and the hard copy

the hard copy will govern.

17


SECTION III – DELIVERY

Washington County Public Schools is soliciting proposals at this time for providing locally grown, fresh produce

to be used in the school food services program. Proposals will be considered from farmers or other food

producers of raw products which can be served fresh or used for scratch cooking in the school food services

programs.

Delivery Locations

Boonsboro Middle School

1 J-H Wade Drive

Boonsboro, Maryland 21713

Clear Spring Middle School

12628 Broadfording Rd.

Clear Spring, Maryland 21722

E Russell Hicks Middle School

1321 S. Potomac St. Hagerstown, MD 21740

North Hagerstown High School

1200 Pennsylvania Avenue

Hagerstown, MD 21742

Northern Middle School

701 Northern Avenue


Smithsburg High School

66 North Main St. Smithsburg, MD 21783

South Hagerstown High School

1101 South Potomac St. Hagerstown, Maryland 21740

Western Heights Middle School

1300 Marshall Street


Williamsport High School

5 South Clifton Drive

Williamsport, MD 21795

WCPS Center for Education Services



*Additional sites to be mutually agreed to by Food and Nutrition Services and awarded vendor.

18


SECTION IV – PROPOSAL REQUIREMENTS

Proposal Format:

The following items shall be included in the Proposal. The proposal should be organized by the same letter

and heading title sections as follows:

1. Transmittal Letter

Transmittal Letter issued from the owner or principal of the business who will be responsible for all

aspects of the contract. The letter shall indicate that the BIDDER agrees to the acceptance of the contract

terms and conditions described in this Solicitation Document, Addendum, attachments, Bidders Proposal,

and Addendum as an integral part of the overall set of documents to be the final Agreement approved by

the BOE.

The letter must also identify the contact person for future communications and the person responsible for

future negotiations with the BOE if selected. The letter should commit the Bidder's to meeting the

specifications, as well as a statement agreeing to comply with all relevant governing bodies' rules and

regulations if awarded the contract. The letter must state a 90-day validity period of the proposal.

2. Summary of Bidders Offer

Submit a narrative summary of the Bidders offer to include qualifications, experience, and types of

produce which can be made available during the school year. If you are a grower, please include the type

of growing methods utilized by your business. If you are a wholesaler, please include the growing

methods used by the companies you purchase from.

3. Experience

Proposals shall include a brief description of past projects/programs that are similar in nature as those

expected to result from this RFP for the Bidder. The description for each project/program should include:

• The project name

• Location

• Project size/volume

• Project type - direct or third party sales

• Year completed

• Name of client contact

• A brief discussion of any specific challenges and how they were overcome

If the bidder has no experience with similar projects/programs, please note this as well and address in this

section the capabilities, qualifications and commitment to performance under any resulting contract. Lack

of previous experience does not necessarily disqualify a bidder. WCBOE has an interest in ensuring that

this solicitation is inclusive of all interested parties and fostering small business development.

4. References

Proposals shall include at least three recent (within past five years) references. Provide the customer's

contact name, title, address, phone numbers, and email address. Personal or business references are

acceptable in lieu of customer references.

5. Financial Capacity

If available, proposals should include proof of eligibility to conduct business in the State of Maryland.

6. Litigation

Indicate whether the Bidder or any team member or any officers or principals have been party to any

lawsuit involving its services or business including environmental litigation, and provide a summary of the

issues and status of the lawsuits.

19


7. Food Safety

Bidder shall explain or provide a copy of a written food safety plan. The food safety plan must be

comprehensive and provide documentation showing that the supplier follows food safety practices. The

food safety plan should address practices in the following key areas: Water; Soil; Worker

Health/Hygiene; Facilities; Equipment; Pest Control; Packing; Transportation; Traceability and Records.

If you are a grower and have a Good Agricultural Practices (GAP) program, please include a copy of your

last audit (GAP is not requirement of this bid).

8. Price Proposal In addition to the Transmittal Letter, the bid proposal should include a completed Price Proposal Form

(submit only the price sheet that pertains to your business), Signature page, and Affidavits.

9. Clarification of Proposals

After identifying the most qualified offers based on the evaluation criteria, the Bidder may be required to

clarify the proposal. Proposals should be submitted as "best and final" offers. However, WCPS may enter

into negotiations with a company where a change in the originally proposed services is being considered,

if deemed to be in the best interest of WCPS. Such a change would also be discussed with other finalist

bidders, where applicable, based on the content of the proposal. Discussions may be in the form of face-

to-face, telephone, email or written communications, or any combination thereof, at WCPS' discretion.

20


SECTION V – SELECTION CRITERIA

SELECTION CRITERIA:

1. Evaluation and Selection Committee

a. An Evaluation and Selection Committee will be selected to review and evaluate the Proposals.

b. The Evaluation and Selection Committee may request additional assistance from any source.

2. Evaluation Criteria

a. The Evaluation and Selection Committee will examine and evaluate each Proposal according to a

uniform set of criteria, consisting of the following categories:

Points

1. Prices 40

2. Product Quality and Quality Control 15

3. Growing Methods 10

4. Product Availability 10

5. Experience /References 05

6. Food Safety (which may include an on-site review) 20

7. Other criteria as determined by the Evaluation and Selection Committee

3. Final Ranking and Selection

The Evaluation and Selection Committee will make recommendations for the award of the contract to the

companies whose proposals are determined to be the most advantageous considering the evaluation factors.

4. Minor Irregularities

Minor irregularities in proposals, which are immaterial or inconsequential in nature, may be waived in the

best interest of the WCBOE.

21

Attachments A

Item Description Proposed Specification

Anticipated Availability Period

(Approximate)

Quantity Available /

Per Week Pack Size Sell Price (Fixed) Unit of Measure

Sweet corn , on the cob White or Bi-Color 8-inch

Carrot 6-10 inch

Cucumber 6-8 inch

Potatoes, red medium U.S. #1

Watermelon Red or Yellow Seedless

Green Pepper Med & Large

Yellow or White Onions Large Size

Broccoli Broccoli Crowns

Cabbage Med to Large

Zucchini Medium 6-10 inch

Yellow Summer Squash Medium 6-10 inch

Cantaloupe (Musk Melon) 9-12ct size

Butternut Squash Medium-Large

Peaches 2 3/4 - 3 inch

Apples 1, Name Variety 2 1/4 - 2 3/4 inch

Apples 2, Name Variety 80-100 each

Pears, Name Variety 80-120 each

Lettuce 1, Name Variety 35/lb


Tomatoes Medium-Large

Celery 10-14 inch

Cauliflower Medium-Large

Other Produce (List Below)

Farm and Orchard Direct Price Proposal SheetLocal Fresh Produce, RFP # 2017-40

22

Attachments B

Item Description Proposed Specification

Anticipated Availability Period

(Approximate)

Quantity Available /

Per Week Pack Size

Current

Invoice Price Fixed Fee Per Case Unit of Measure

Sweet corn , on the cob White or Bi-Color 8-inch

Carrot 6-10 inch

Cucumber 6-8 inch

Potatoes, red medium U.S. #1

Watermelon Red or Yellow Seedless

Green Pepper Med & Large

Yellow or White Onions Large Size

Broccoli Broccoli Crowns

Cabbage Med to Large

Zucchini Medium 6-10 inch

Yellow Summer Squash Medium 6-10 inch

Cantaloupe (Musk Melon) 9-12ct size

Butternut Squash Medium-Large

Peaches 2 3/4 - 3 inch

Apples 1, Name Variety 2 1/4 - 2 3/4 inch

Apples 2, Name Variety 80-100 each

Pears, Name Variety 80-120 each



Tomatoes Medium-Large

Celery 10-14 inch

Cauliflower Medium-Large

Other Produce (List Below)

Wholesaler and Distributor Price Proposal SheetLocal Fresh Produce, RFP # 2017-40

23

RFP # 2017-40

Local Fresh Produce

Attachment C

Specification, Price, and Addenda Signature Acknowledgment

I/We certify that this bid/proposal is made without previous understanding, agreement, or connection with any

person, firm, or corporation submitting a bid/proposal for the same goods/services and is, in all respects fair and

without collusion or fraud; that none of this company's officers, directors, partners or its employees have been

convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or federal government;

and that no member of the Board of Education of Washington County, Administrative or Supervisory Personnel or

other employees of the Washington County Public Schools, has any interest in the bidding company:

Company:

dba: ______________________________________________________________________________

Federal Identification: _______________________

Acknowledgment of Addenda (if applicable) The above company/firm acknowledges the receipt of the following addenda for the above-referenced

solicitation.

Bidder acknowledges each addendum by initialing and dating below:

Addendum #1: _____________________ Date: _____________________

Addendum #2: _____________________ Date: _____________________

Addendum #3: _____________________ Date: _____________________

Addendum #4: _____________________ Date: _____________________

Addendum #5: _____________________ Date: _____________________

Addendum #6: _____________________ Date: _____________________

The undersigned has familiarized themselves with the conditions affecting the work, the specifications,

the prices provided on the cost proposal, and is legally authorized to make this proposal on behalf of

the company/firm listed above.

Name (Print) _____________________________ Date ______________________

Signature _____________________________ Phone ______________________

Title _____________________________ Fax ______________________

E-Mail Address (for correspondence): _

E-Mail Address (for receiving Purchase Orders): _________________________________________

(Do not place an email address in this space if your company is unable to receive purchase orders

electronically)

24

MANDATORY BID/PROPOSAL AFFIDAVIT

COMAR 21.05.08.07

Bidder shall complete and submit this bid/proposal affidavit to the Supervisor of Purchasing, Washington

County Public Schools with the bid or offer.

A. AUTHORITY

I HEREBY AFFIRM THAT:

I (print name) possess the legal authority to make this Affidavit.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing

its bid on this project, the bidder has considered all proposals submitted from qualified, potential

subcontractors and suppliers, and has not engaged in “discrimination” as defined in §19-103 of the State

Finance and Procurement Article of the Annotated Code of Maryland. “Discrimination” means any

disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial

treatment of a vendor, subcontractor, or commercial customer 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. “Discrimination” also includes retaliating against any person or other entity for

reporting any incident of “discrimination”. Without limiting any other provision of the solicitation on this

project, it is understood that, if the certification is false, such false certification constitutes grounds for the

State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based

on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past

4 years where there has been a final adjudicated determination in a legal or administrative proceeding in

the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or

commercial customers, and a description of the status or resolution of that determination, including any

remedial action taken. Bidder agrees to comply in all respects with the State’s Commercial

Nondiscrimination Policy as described under Title19 of the State Finance and Procurement Article of the

Annotated Code of Maryland.

B-1 Certification Regarding Minority Business Enterprises.

The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority

Business Enterprise Law, State Finance and Procurement Article, §14-308 (a)(2), Annotated Code of

Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a

certified minority business enterprise in a bid or proposal and:

Attachment D

25

(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business

enterprise to identify the certified minority proposal;

(2) Fail to notify the certified minority business enterprise before execution of the contract of its

inclusion in the bid or proposal;

(3) Fail to use the certified minority business enterprise in the performance of the contract; or

(4) Pay the certified minority business enterprise solely for the use of its name in the bid or

proposal.

Without limiting any other provision of the solicitation on this project, it is understood that if the

certification is false, such false certification constitutes grounds for the State to reject the bid submitted by

the bidder on this project, and terminate any contract awarded based on the bid.

C. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in

Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or

any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved

in the business's contracting activities including obtaining or performing contracts with public bodies has

been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article,

§6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of bribery, attempted

bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal

law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction,

plea, or imposition of probation before judgment with the date, court, official or administrative body, the

sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities

with the business):

D. AFFIRMATION REGARDING OTHER CONVICTIONS


Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its

officers, directors, partners, controlling stockholders, or any of its employees directly involved in the

business's contracting activities including obtaining or performing contracts with public bodies, has:

Attachment D

26

(1) Been convicted under state or federal statute of:

(a) A criminal offense incident to obtaining, attempting to obtain, or performing a public

or private contract; or

(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or

receiving stolen property;

(2) Been convicted of any criminal violation of a state or federal antitrust statute;

(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the

Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. §1961 et seq., or the Mail Fraud

Act, 18 U.S.C. §1341 et seq., for acts in connection with the submission of bids or proposals for a

public or private contract;

(4) Been convicted of a violation of the State Minority Business Enterprise Law, §14-308 of the

State Finance and Procurement Article of the Annotated Code of Maryland;

(5) Been convicted of a violation of §11-205.1 of the State Finance and Procurement Article of

the Annotated Code of Maryland;

(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for

conviction or liability under any law or statute described in subsections (1)—(5) above;

(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in

connection with the submission of bids or proposals for a public or private contract; or

(8) Been found in a final adjudicated decision to have violated the Commercial

Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the

Annotated Code of Maryland with regard to a public or private contract; or

(9) Admitted in writing or under oath, during the course of an official investigation or other

proceedings, acts or omissions that would constitute grounds for conviction or liability under any

law or statute described in §§B and C and subsections D (1)- (8) above, except as follows

(indicate reasons why the affirmations cannot be given, and list any conviction, plea, or

imposition of probation before judgment with the date, court, official or administrative body, the

sentence or disposition, the name(s) of the person(s) involved and their current positions and

responsibilities with the business, and the status of any debarment):

E. AFFIRMATION REGARDING DEBARMENT

Attachment D

27


Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its

officers, directors, partners, controlling stockholders, or any of its employees directly involved in the

business's contracting activities, including obtaining or performing contracts with public bodies, has ever

been suspended or debarred (including being issued a limited denial of participation) by any public entity,

except as follows (list each debarment or suspension providing the dates of the suspension or debarment,

the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and

their current positions and responsibilities with the business, the grounds of the debarment or suspension,

and the details of each person's involvement in any activity that formed the grounds of the debarment or

suspension).

F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES


(1) The business was not established and it does not operate in a manner designed to evade the

application of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the

State Finance and Procurement Article of the Annotated Code of Maryland; and

(2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred

business, except as follows (you must indicate the reasons why the affirmations cannot be given

without qualification):

G. SUB-CONTRACT AFFIRMATION


Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly

entered into a contract with a public body under which a person debarred or suspended under Title 16 of

the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or

indirectly, supplies, services, architectural services, construction related services, leases of real property,

or construction.

Attachment D

28

H. AFFIRMATION REGARDING COLLUSION


Neither I, nor to the best of my knowledge, information, and belief, the above business has:

(1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the

compilation of the accompanying bid or offer that is being submitted;

(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid

price or price proposal of the bidder or offeror or of any competitor, or otherwise taken any action

in restraint of free competitive bidding in connection with the contract for which the

accompanying bid or offer is submitted.

I. CERTIFICATION OF TAX PAYMENT


Except as validly contested, the business has paid, or has arranged payment of, all taxes due the State of

Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State

Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as

applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.

J. CONTINGENT FEES


The business has not employed or retained any person, partnership, corporation, or other entity, other than

a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for

the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any

person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona

fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the

making of the Contract.

K. ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be

distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of

Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is

subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that

nothing in this Affidavit or any contract resulting from the submission of this bid or proposal shall be

construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the

State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the

constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the

Attachment D

29

obligations, terms, and covenants undertaken by the above business with respect to (1) this Affidavit, (2)

the contract, and (3) other Affidavits comprising part of the contract.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE

CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY

KNOWLEDGE, INFORMATION, AND BELIEF.

Date:

By:

(Print name of Authorized Representative and Affiant)

(Signature of Authorized Representative and Affiant)

_____________________________________________

(Company name)

Attachment D

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WASHINGTON COUNTY PUBLIC SCHOOLS 10435 Downsville Pike, Hagerstown, Maryland 21740

CONTRACT AFFIDAVIT

MANDATORY CONTRACT ADDENDUM

COMAR 21.07.01.25

Bidder shall complete and submit this contract affidavit to the Legal Department of Washington County

Public Schools to attach with the contract form.

A. AUTHORITY

I HEREBY AFFIRM THAT:

I, (print name) possess the legal authority to make

this Affidavit.

B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE

DEPARTMENT OF ASSESSMENTS AND TAXATION


The business named above is a (check applicable items):

Corporation: ____domestic ____or foreign

Limited Liability Company: ____domestic ____or foreign

Partnership: ____domestic ____or foreign

Statutory Trust: ____domestic or foreign

Sole Proprietorship: ____and is registered or qualified as required under Maryland Law.

I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in

the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing

fees, with the Maryland State Department of Assessments and Taxation. The name and address of its

resident agent (IF APPLICABLE) filed with State Department of Assessments and Taxation is:

Name and Department ID Number

Address:

and that if it does business under a trade name, it has filed a certificate with the State Department of

Assessments and Taxation that correctly identifies that true name and address of the principal or owner

as:

Attachment E

31


Name and Department ID Number:

Address:

C. FINANCIAL DISCLOSURE AFFIRMATION


I am aware of, and the above business will comply with, the provisions of the State Finance and

Procurement Article §13-221, Annotated Code of Maryland, which require that every business that enters

into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar

year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the

time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the

Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership

of the business.

D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION

I FUTHER AFFIRM THAT:

I am aware of, and the above business will comply with, Election Law Article §§14-101-14-108,

Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other

agreements with the State of Maryland, including its agencies or a political subdivision of the State,

during a calendar year in which the person receives in the aggregate $100,000 or more shall file with the

State Board of Elections a statement disclosing contributions in excess of $500 made during the reporting

period to a candidate for elective office in any primary or general election.

E. DRUG AND ALCOHOL FREE WORKPLACE

(Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the

agency head’s designee has determined that application of COMAR 21.11.08 and this certification would

be inappropriate in connection with the law enforcement agency’s undercover operations.)

I CERTIFY THAT:

(1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this certification.

(2) By submission of its bid or offer, the business, if other than an individual, certifies and agrees

that, with respect to its employees to be employed under a contract resulting from this

solicitation, the business shall:

(a) Maintain a workplace free of drug and alcohol abuse during the term of the contract;

(b) Publish a statement notifying its employees that the unlawful manufacture, distribution,

dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the

Attachment E

32


business’ workplace and specifying the actions that will be taken against employees for violation

of the prohibitions;

(c) Prohibit its employees from working under the influence of drugs or alcohol;

(d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise

of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a

bona fide drug or alcohol abuse assistance or rehabilitation program;

(e) Promptly inform the appropriate law enforcement agency of every drug-related crime that

occurs in its workplace if the business has observed the violation or otherwise has reliable

information that a violation has occurred;

(f) Establish drug and alcohol abuse awareness programs to inform its employees about:

(i) The dangers of drug abuse and alcohol abuse in the workplace;

(ii) The business’s policy of maintaining a drug and alcohol free workplace;

(iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance

programs; and

(iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in

the workplace;

(g) Provide all employees engaged in the performance of the contract with a copy of the statement

required by §E(2)(b), above;

(h) Notify its employees in the statement required by §E(2)(b), above, that as a condition of

continued employment on the contract, the employee shall:

(i) Abide by the terms of the statement; and

(ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense

occurring in the workplace not later than 5 days after a conviction;

(i)Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), above,

or otherwise receiving actual notice of a conviction;

(j)Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual

notice of a conviction, impose either of the following sanctions or remedial measures on any

employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:

(i) Take appropriate personnel action against an employee, up to and including

termination; or

(ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse

assistance or rehabilitation program; and

(k) Make a good faith effort to maintain a drug and alcohol free workplace through

implementation of §E(2)(a)-(j),above.

Attachment E

33


(3) If the business is an individual, the individual shall certify and agree as set forth in §E(4), below,

that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession,

or use of drugs or the abuse of drugs or alcohol in the performance on the contract.

(4) I acknowledge and agree that:

(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this

certification;

(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to

suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or

21.07.03.15, as applicable; and

(c) The violation of the provisions of COMAR 21.11.08 or this certification in connection with

the contract may, in the exercise of the discretion of the Board of Public Works, result in

suspension and debarment of the business under COMAR 21.08.03.

F. CERTAIN AFFIRMATIONS VALID


To the best of my knowledge, information, and belief, each of the affirmations, certifications, or

acknowledgments contained in that certain Bid/Proposal Affidavit dated ,

20 , and executed by me for the purpose of obtaining the contract to which this Exhibit is attached

remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully

set forth herein.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE

CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY

KNOWLEDGE, INFORMATION, AND BELIEF.

Date:

By:

(Print name of Authorized Representative and Affiant)

(Signature of Authorized Representative and Affiant)

_____________________________________________

(Company name)

Attachment E

34