RFP NO.: 137-14 PAGE NO.: 1

Prince George’s County Public Schools

PURCHASING OFFICE 13300 Old Marlboro Pike • Upper Marlboro, Maryland 20772

Telephone: 301-952-6560 ▪ Fax: 301-952-6504• www.pgcps.org

Brenda Allen, Acting Director

DATE OF ISSUE:

June13, 2014 REQUEST FOR PROPOSAL #:

137-14 TITLE: Master Plan Support Project

Development of Capital Funding

Priorities and Options

PRE-PROPOSAL DATE & TIME:

N/A LOCATION OF PRE

PROPOSAL: N/A

DATE/TIME OF PROPOSAL

OPENING: July 21, 2014 @2PM

BUYER : Donna Parks

Telephone: 301-952-6567

Company Name: _____________________________________________________________

RECEIPT OF PROPOSAL

Sealed proposals for the requirements set forth herein will be received in the Purchasing Department, Room 20, Board of

Education of Prince George’s County (BOARD), 13300 Old Marlboro Pike, Upper Marlboro, MD 20772-9983, before the

deadline of 2:00 P.M. current local time on July 21, 2014. In order to be considered for award, all proposals must be received

with an original, five (5) duplicates and one (1) CD duplicate copies of the proposal, including supporting documentation. The

proposal title and number must be stated on the lower left corner of the submission envelope.

All respondents will be fully responsible for the timely delivery of the Proposal response to the designated location to include

proposals hand carried, sent by common carriers, (UPS, Federal Express and the U.S. Postal Service). Proposals delivered to

any other office or location other than the Purchasing Department prior to proposal opening deadline will not be considered.

Competitive sealed Proposals are not publicly opened or available for review until a successful award has been finalized.

PROPOSAL DOCUMENTS

The proposal documents may be obtained by:

1. Downloading the document from the Board’s website at: www.pgcps.org. Touch “About US” drop down, click on

Administrative Org Chart, under Offices choose Purchasing, then Procurement Opportunities

2. Access RFP on Emaryland Marketplace @ https://eproposalmarketplace.com/

3. Calling the Purchasing Department at 301-952-6560.

4. Visiting the Purchasing Department between the hours of 8:00 AM and 4:30 PM, Monday

through Friday, excluding holidays. The Purchasing Department is located at 13300 Old Marlboro Pike,

Room 20, Upper Marlboro, MD 20772-9983.

\

RFP NO.: 137-14 PAGE NO.: 2

SCOPE OF WORK

The BOARD requests proposals for Master Plan Support Project Development of Capital Funding

Priorities and Options. The specifications and respondent requirements are contained in the Request for

Proposal. Responses submitted must meet or exceed all requirements. Proposals that do not meet or exceed all

requirements will be considered non-responsive. All exceptions must be noted.

INSURANCE

The successful contractor shall be required, if applicable, to furnish a certificate of insurance. The certificate must be issued to

the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY. Bonds issued to the PRINCE GEORGE’S COUNTY

PUBLIC SCHOOLS WILL NOT BE ACCEPTED.

BID BOND Respondents are not required to submit a bid bond in the amount of five percent (5%) as determined by the

BOARD and specified in the RFP, to ensure the satisfactory completion of the work for which a contract or purchase order is

awarded that may exceed 100K. (COMAR 21.06.07.02)

PERFORMANCE BOND The successful Respondents are not required to submit a performance bond, Cashier’s or Certified

Check in the amount of one hundred percent (100%) as determined by the BOARD and specified in the RFP, of all phases of

the contract to ensure the satisfactory completion of the work for which a contract or purchase order is awarded that are less

than 100K. (COMAR 21.06.07.03) The Board reserves the right to request performance bond for amount under or over

$1000.00.

LIQUIDATED DAMAGES/FAILURE TO PERFORM WORK The successful respondents accepts this contract with the understanding that should they fail to complete the work in an

acceptable manner and in the time stated, shall be subject to the payment of liquidated damages as stated in the proposal

document.

MINORITY BUSINESS ENTERPRISES

Prince George’s County Public Schools has a Minority Business Enterprise (MBE) Program in effect. Information about this

program and forms for compliance are included in the bid documents; the forms can also be downloaded online at:

http://www1.pgcps.org/generalcounsel/, click on “Administrative Procedures,” then click on Business and Non-

Instructional Operations -3000 for Administrative Procedure 3325 and attachments. All firms submitting a proposal must

complete the appropriate forms and submit the forms with their proposal. For this project, the BOARD will recognize minority

certification from the State of Maryland Department of Transportation (MDOT); Prince George’s County Government and

Washington Metropolitan Area Transit Authority (WMATA). For additional information contact the Minority Business Office

at 301-952-6563.

LOCAL MBE INITIATIVE

In accordance with Prince George’s County School goals promoting minority and locally based purchases, if all other factors

are equal, priority shall be given to a locally based firm. "Locally based firm" in this instance refers to a company or firm with

a primary business address located within the geographical boundaries of Prince George’s County.

MINORITY BUSINESS ENTERPRISE PROGRAM – PROHIBITIONS

State Law HB 389 and SB 611, Prime Contractors are prohibited by law from including a certified MBE in a bid or proposal

without requesting, receiving, or obtaining the MBE’s authorization. The contractor must also use the MBE’s services to

perform the contract. In addition, the contractor may not pay the MBE solely for the use of its name in the bid or proposal.

Prime Contractor may be prosecuted if they fail to comply with the law. The Board is required under the law to report the

violation.

NOTICE TO RESPONDENTS

Respondents wishing to do business with the BOARD are asked to register with the Purchasing Department. The successful

respondent must be an active vendor in Oracle to receive Purchase Orders and Payment. To register, contact the Purchasing

RFP NO.: 137-14 PAGE NO.: 3

Department at 301-952-6560 to receive instructions on how to register or visit the Purchasing website at

http://www1.pgcps.org/isupplier/.

Prince George’s County Public Schools does not discriminate in educational programs, activities or employment on the basis of

race, color, national origin, sex, age, religion or disability.

Respondents will be required to comply with all applicable requirements pertaining to fair labor, state and local government.

In accordance with Prince George’s County School goals promoting minority and locally based purchases, if all other factors

are equal, priority shall be given to a locally based firm. "Locally based firm" in this instance refers to a company or firm with

a primary business address located within the geographical boundaries of Prince George’s County. (Admin Procedure 3325)

No proposal may be withdrawn for at least sixty (60) days after the scheduled closing time for receipt of proposal by order of

the Board of Education of the Prince George’s County Public Schools, Upper Marlboro, Maryland 20772-9983.

Prince George’s County Public Schools accepts no obligations for costs incurred by Respondents in preparing or submitting a

Proposal and reserves the right to reject any and all proposals received.

AWARD

All proposals received by the RFP due date shall be reviewed and evaluated by an evaluation committee established by the

Purchasing Department. The committee members will evaluate the proposals based on the criteria listed in the specifications.

The BOARD reserves the right to award the contract to the firm receiving the highest score provided the proposal price is

reasonable or to negotiate with the qualified respondent with the objective that the final proposal is in the best interest of the

BOARD to accept. A contract may be awarded to one or multiple vendors, by item or in the aggregate, or any combination

thereof.

NON-AWARD

Respondents will be notified via email, if your organization is not selected as the successful awardee.

REJECTION OF PROPOSALS

The BOARD reserves the right to reject any or all proposals in whole or in part and to waive any technicalities or informalities

as may best serve the interests of the BOARD, to increase or decrease quantities where quantities are shown and may reject any

proposal which indicates any omission, contains alteration of form or additions not requested, or imposes conditions or offers

alternate items and may make any award which is deemed to be in the best interest of the BOARD.

NON-EXCLUSIVE

The intent of this contract is to provide the Board with an expedited means of procuring supplies and/or services at the lowest

cost. This contract is for the convenience of the Board is considered to be a "Non-Exclusive" use contract. The Board does not

guarantee any usage. The Board will not be held to purchase any particular Brand, in any groups, prices or discount ranges, but

reserves the right to purchase any item/items listed in the price schedule submitted.

CONTRACTORS IN LEGAL PROCEDINGS WITH PGCPS

PGCPS recognizes the significant costs and imposition on the time of personnel associated with legal proceedings.

Accordingly, PGCPS has adopted a process stating that:

“One factor, among others, that are to be considered when awarding a contract or purchase order is the existence

of a pending legal dispute – whether in court or an alternative dispute forum – with any contractor or vendor

which has submitted a bid or proposal. Before including consideration of the legal dispute as a factor, the

Procurement Officer shall seek the advice of the Office of General Counsel regarding the legal dispute and shall

obtain the concurrence of the Superintendent or his designee.”

RFP NO.: 137-14 PAGE NO.: 4

CONTRACTUAL POINT OF CONTACT

Inquiries should be directed to the following individual:

Purchasing Inquiries Technical Inquiries

Buyer Name : Donna Parks Sarah Woodhead

Purchasing Office Department of Capital Programs

Telephone 301-952-6567

Email: Donn.Parks@pgcps.org

QUESTIONS

All questions concerning this proposal should be directed by email to Donna.Parks @pgcps.org. All answers will be in the

form of an Addendum to the RFP and posted on the website. No district administrators should be contacted.

Proposal Mailing Date:…………………………………………………………………………….………… June 13, 2014

Question Due Date:………………………………………………………………………………..…….……. June 30, 2014

Addendum Posted Date:……….……………………………….………………………………………………July 10 2014

Proposal Due Date:………………………………………………………………………………………..........July 21, 2014

RFP NO.: 137-14 PAGE NO.: 5

SECTION I

GENERAL CONDITIONS AND INSTRUCTIONS TO RESPONDENTS

I. GENERAL

A. Any Contract awarded as the result of any Request for Proposal to furnish supplies, equipment or

services to the BOARD OF EDUCATION, PRINCE GEORGE'S COUNTY, Upper Marlboro,

Maryland shall include, in whole or in part, either attached or incorporated by reference, binding in all

respects, these provisions.

B. It is the intent of this Request for Proposal to provide prospective respondent(s) with complete information

relative to the total performance of any resultant contract. Respondents are obligated to read and understand all

parts of this Request for Proposal and to obtain clarification of any part not thoroughly understood, before

submitting their proposal.

C. Contract shall be deemed executory only to the extent of appropriations available to the BOARD for the

purchase of such articles. The obligation of the BOARD on all contracts, including those which envision funding

through current and successive fiscal years, shall be contingent upon actual Board appropriations for the fiscal

year(s) involved.

D. All parts of this Request for Proposal including the GENERAL CONDITIONS AND INSTRUCTIONS TO

RESPONDENTS, any addenda, amendments, modifications or any other extraneous matter incorporated by

reference, will be applicable to any contract(s) awarded as a result of this Request for Proposal.

E. The respondent is required to submit one (1) original and () copies of the proposal and any other

applicable documents specific to this Request for Proposal.

F. Respondents must identify the RFP by placing the RFP number, opening date and time in the lower left

hand corner of the envelope. The respondent is solely responsible for the arrival of the proposal in the

PURCHASING OFFICE FACILITIES ADMINISTRATION BUILDING, 13300 OLD MARLBORO PIKE,

ROOM 20, UPPER MARLBORO, MARYLAND 20772-9983, prior to the prescribed deadline for return of

proposals will not be publicly opened after the time set for receipt and are not read aloud. Since proposals must

be received in a sealed envelope, FACSIMILE COPIES TRANSMITTED VIA "FAX" MACHINES, OR

SIMILAR METHODS, WILL NOT BE ACCEPTED

Late proposals will not be considered for award accepts under the following conditions:

G. The proposal was sent by mail and it was determined by the BOARD that the late receipt was due solely to the

miss handling by the BOARD after receipt of the address specified in the solicitation.

H. If the BOARD declares administrative or liberal leave, scheduled proposal openings or receipt of proposals

will be extended to next business day.

I. The time, prescribed on the title page of this Request for Proposal as the deadline for return of proposals,

shall be Eastern Standard Time.

J. In the event of inclement weather on the date this proposal is scheduled to open and the BOARD OF

EDUCATION OF PRINCE GEORGE'S COUNTY CENTRAL OFFICES are closed, proposals will be opened at

the PURCHASING OFFICE on the next business day. The time of opening on the next business day will be the

same as that of the scheduled day. Proposals will be accepted until the time of opening on the next business day.

II. CONTRACT PERIOD (

A. The initial term of the contract is from date of award until project comnpletion. Prices shall remain firm for

the entire first year of the contract. All prices must be submitted per F.O.B. destination basis only unless

otherwise specified herein.

RFP NO.: 137-14 PAGE NO.: 6

III. OPTIONAL USE OF CONTRACT

A. Unless specifically prohibited by the respondent, the following entities within the State of Maryland shall

have the option to participate in this RFP. The Purchasing Agent of those agencies listed below who opt to

use the contract award shall issue their own contract and provide the contractor with pertinent delivery and

invoicing instructions:

State Office and Agencies

County Public Schools

County Governments

Municipal Government within the Counties

State and Community Colleges

Private, Charter and Parochial Schools

Metropolitan Washington Council of Governments

IV. AWARD

A. Award will be made to the qualified respondent obtaining the highest score combining experience,

qualifications, product quality and cost of services. A contract may be awarded to one or multiple vendors, by

item or in the aggregate, or any combination thereof.

In determining the responsibility of a respondent, the following criteria will be considered:

The ability, capacity and skill of the respondent to perform the contract or provide the services required;

Whether the respondent can perform the contract or provide the service promptly, or within the time

specified, without delay or interference;

The character, integrity, reliability, reputation, judgment, experience and efficiency of the respondent;

The quality of performance on previous contracts or services’

The previous and existing compliance by the respondent with laws and ordinances relating to the contract or

service;

The quality, availability and adaptability of the goods and services to the particular use required;

The number and scope of the conditions attached to the proposal;

Whether the respondent is in arrears to the BOARD on a debt or contract or is in default on a surety to the

BOARD or whether the respondent’s County taxes or assessments are delinquent; and

The BOARD having a bearing on the decision to award the contract may secure other information.

V. ADDENDUM

A. Any addenda to this solicitation issued after this solicitation and before the due date shall become part of the

contract. It is the responsibility of the respondent to make inquiry as to addenda issued. The BOARD will

post all addenda to the solicitation on the Board’s website.

VI. PROPOSAL WITHDRAWL

A. Proposals may be withdrawn or modified upon receipt of written request received before the time

specified for the proposal opening. Requests received after proposal opening will not be considered.

VII. ERRORS IN PROPOSALS

A. If discrepancies or apparent errors are found in the Proposal Documents prior to the date of proposal opening,

respondents shall submit a written request for clarification, which response to said request will be given in the

form of addenda to all respondents, if time permits. Otherwise, in figuring the work, respondents shall

RFP NO.: 137-14 PAGE NO.: 7

consider that the Statement of Works, Specifications, and Standard of General Terms and Conditions shall

govern any discrepancies or conflict between proposal documents.

The correction of any discrepancies in, or omissions from the drawings, specifications, or other

proposal documents, or any interpretation thereof; during the proposal period will be made only by

an addendum issued by the Board. A copy of each such addendum issued by the Board will be

mailed to each person receiving a set of Proposal Documents, and shall be made a part of the

Agreement. Any other interpretation or explanation of such documents will be considered binding.

B. Failure of the respondent to thoroughly understand all aspects of the Request for Proposal before submitting

his/her proposal will not act as an excuse to permit withdrawal of his/her proposal nor secure relief on plea of

error. Neither State Law nor Regulation make allowance for errors either of omission or co-mission on the

part of the respondents. Obvious, apparent errors in a proposal may be corrected or withdrawn upon written

approval by the BOARD.

C. When an error is made in extending total prices the unit proposal price will govern. The respondent

must initial erasures in proposals. Carelessness in quoting prices or in preparation of proposal will

not relieve the respondent contract obligations. Errors discovered after public opening cannot be corrected

and the respondent will be required to perform if the proposal is accepted.

VIII. REJECTION OF PROPOSALS

A. The BOARD reserves the right to reject any or all proposals in whole or in part and to waive any technicalities

or informalities as may best serve the interests of the BOARD, to increase or decrease quantities where quantities

are shown and may reject any proposal which indicates any omission, contains alteration of form or additions not

requested, or imposes conditions or offers alternate items and may make any award which is deemed to be in the

best interest of the BOARD.

IX. PROTEST

A. The Director of Purchasing and Supply Services shall attempt to resolve informally all protest of bid

award recommendations. Vendors are encouraged to present their concerns promptly to the Buyer

and/or Purchasing Supervisor for consideration and resolution. Open dialogue is helpful for all parties

and disputes are often only a misunderstanding of the evaluation and recommendation process.

1. An interested party (bidding of standing or offeror) may protest to the Director of Purchasing and

Supply Services a proposed award of a contract for supplies, equipment, services, or maintenance. A

bidder of standing is a bidder who would be directly next in line for an award should the protest be

supported.

a. The protest shall be in writing addressed to the Purchasing Supervisor with a copy to the Director

and shall include the following:

The name address and telephone number(s) of the protester.

Identification of the solicitation

Statement of reasons for the protest

Supporting documentation to substantiate the claim

The remedy sought

2. The protest must be files with the Purchasing Office within five (5) calendar days of the

recommendation of award or notification to the bidder or offeror that their bid or proposal will be

rejected.

RFP NO.: 137-14 PAGE NO.: 8

3. A vendor who does not file a timely protest before the contract is executed by the Board is deemed to

have waived any objection.

4. The Director of Purchasing shall inform the Chief Financial Officer (CFO) upon receipt of the protest.

5. The Director of Purchasing shall confer with the general counsel prior to issuance of a decision

regarding disputes of contracts or awards.

6. The Director of Purchasing shall issue a decision in writing. Any decision of a bid award protest may be

appealed to the CFO within two (2) days of issuance of the decision by the Director of Purchasing. The

decision of the CFO shall be final.

Appeal of Contract Award Decision

1. A vendor who remains unsatisfied after following the procedures may contest a contract awarded by the

Board by filing an appeal to the Maryland State Board of Education as provided by Maryland’s public

school law.

X. VENDOR ACCEPTANCE

A. The successful respondent(s) will receive from the PURCHASING OFFICE, BOARD OF EDUCATION OF

PRINCE GEORGE'S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983, a notification of contract

qualification. Upon receipt, the successful awardee must sign and return all copies of said qualification

notification.

B. Any Performance Bond, Certificate of Insurance, or other material required must be submitted by the awardee

with each individual project proposal.

C. Failure to sign the contract qualification and return all required documents within fifteen (15) calendar days

from date of receipt shall rule your response null and void and, therefore, award shall be made to the next

responsive respondent. Any bond so posted shall be forfeited by the respondent. In addition, this may also be

cause for removal of your firm from the proposal's list.

XI. SURETY

A. The following SURETY is not required in conjunction with this Invitation for Proposal and any resultant

contract(s). Bonds or checks NOT made in favor of BOARD OF EDUCATION OF PRINCE GEORGE'S

COUNTY shall not be accepted. "Prince George's County Public Schools" is not a legal entity, and

therefore, bonds or checks made in favor of Prince George's County Public Schools will not be accepted;

the proposal offer shall be declared non-responsive and not considered for award.

1. Proposal Bond

a. Responses must be accompanied by a Proposal Bond or Certified Check in the amount of five

percent (5%) of the total amount of the proposal if required for the is proposal. The bond is to be

made in favor of:

BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO,

MARYLAND 20772-9983.

Certified Checks will be returned to all but the successful respondent(s) within five (5) days after

award of contract(s). Successful respondent’s Certified Check will be returned upon receipt of

Performance Bond.

RFP NO.: 137-14 PAGE NO.: 9

2. Performance Bond, Cashier’s or Certified Check

a. The successful respondent is not required to furnish to the BOARD a Performance Bond, Cashier’s or

Certified Check in the amount of one hundred percent (100%) of all phases of the contract and to be

made in favor of the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY,UPPER

MARLBORO, MARYLAND 20772-9983

The above is the legal title for the school system. Deviation from this title shall not constitute intent

to furnish and all such documents shall be rejected and returned. Timeliness is of the essence and

delays in furnishing acceptable documents may constitute default.

b. The insurance company issuing the bond must have a policyholders rating of A Plus and a financial

rating of Class X per Best’s Rating Service. Said surety must be issued by a bonding company

licensed to do business in the STATE OF MARYLAND and acceptable to the BOARD and

submitted to the PURCHASING OFFICE, BOARD OF EDUCATION OF PRINCE GEORGE’S

COUNTY, UPPER MARLBORO, MARYLAND 20772-9983 within 15 calendar days after receipt

of award. No contract shall exist prior to return of the signed award and acceptable surety.

c. The Performance Bond, Cashier’s or Certified Check will provide assurance of faithful performance

and discharge of all duties and responsibilities attendant thereto required by law or as provided herein

by the contractor of all ASPECTS, TERMS AND CONDITIONS of this contract.

B. In addition to the above surety, the following may be required on certain construction contracts. The

successful respondent(s) should be prepared to provide the surety if instructed to do so in any resultant Contract

Award.

1. Labor and Material Payment Bond

a. The successful respondent is not required to furnish to the BOARD a LABOR AND MATERIAL

PAYMENT BOND in the amount of one hundred percent (100%) of all phases of the contract and to

be made in favor of the

BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO,

MARYLAND 20772-9983

b. The above is the legal title for the school system. Deviation from this title shall not constitute intent

to furnish and all such documents shall be rejected and returned. Timeliness is of the essence and

delays in furnishing acceptable documents may constitute default.

c. The insurance company issuing the bond must have a policyholders rating of A Plus and a financial

rating of Class X per Best’s Rating Service. Said surety must be issued by a bonding company

licensed to do business in the STATE OF MARYLAND and acceptable to the BOARD and

submitted to the PURCHASING OFFICE, BOARD OF EDUCATION OF PRINCE GEORGE’S

COUNTY, UPPER MARLBORO, MARYLAND 20772-9983 within 15 calendar days after receipt

of award. No contract shall exist prior to return of the signed award and acceptable surety.

d. The Labor and Material Payment Bond will provide assurance of faithful performance and discharge

of all duties and responsibilities attendant thereto required by law or as provided herein by the

contractor of all ASPECTS, TERMS AND CONDITIONS of this contract.

XII. INSURANCE

A. The contractor must maintain and pay for Comprehensive Business Insurance to protect their claims under the

Workers’ Compensation Act, from claims or damages because of bodily injury to others, including employees of

the BOARD, damage to the property of others, including the BOARD, claims for damages arising out of the

RFP NO.: 137-14 PAGE NO.: 10

operation of motor vehicles, which may arise during the performance of the contract whether caused by

themselves or by any sub-contractor or anyone directly or indirectly employed by either of them, and Product

Liability Insurance. Said insurance to cover the duration of the contract under an express or implied warranty.

B. The following coverage’s and limits are required of all vendors:

General Liability, including Products Liability & Completed Operations - $1,000,000 per

occurrence/$2,000,000 aggregate

Workers Compensation – Statutory Benefits (Only required if the Contractor will be delivering the

product(s) to our building).

Employers Liability - $500,000 each accident/$500,000 injury by disease/$500,000 injury by disease

aggregate (Only required if the Contractor will be delivering the product(s) to our building).

Auto Liability - $1,000,000 combined single limit (Only required if the Contractor will be delivering the

product(s) to our building).

C. The certificate on this insurance shall be made in favor of the BOARD OF EDUCATION OF PRINCE

GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983 and indicate paid up coverage for

the term of the contract.

D. The certificate of insurance TO BE SUBMITTED to the PURCHASING OFFICE, FACILITIES

ADMINISTRATION BUILDING, 13300 OLD MARLBORO PIKE, UPPER MARLBORO,

MARYLAND 20772-9983.

E. It will be the responsibility of the successful respondent(s) to ensure that a current Certificate of Insurance is

on file in the Purchasing Office during the entire period of the contract.

F. The cost of the above insurance shall be considered an overhead or operating expense to the Contractor,

similar to rental costs, utilities, automobile liability insurance, and other business related expenses. The

premiums or costs to provide the above insurance shall not be directly related to the cost of the work or

services specified in this Request for Proposal.

XIII. LAWS AND PERMITS

A. The contractor shall, without additional cost to the BOARD, be responsible for paying for and obtaining any

necessary licenses, inspections and permits for complying with any and all FEDERAL, STATE AND LOCAL

LAWS, CODES AND REGULATIONS, in connection with the performance of the work.

B. Laws of the STATE OF MARYLAND and PRINCE GEORGE’S COUNTY shall govern the contract.

XIV. TAXES

A. Respondents shall assume full responsibility for payment of any and all taxes which may be construed by law

authority as being due for materials ands supplies under any contract with the BOARD OF EDUCATION OF

PRINCE GEORGE’S COUNTY. They shall hold the BOARD OF EDUCATION OF PRINCE GEORGE’S

COUNTY safe and harmless from any liability for said taxes.

B. Responses to the proposal submitted shall not include Federal Excise Taxes or State or Local Sales or Use

Taxes (if applicable). The cost of any taxes (operational and/cost of doing business) that are lawfully due and

paid by the contractor may be passed on to the Board of Education as part of the overall cost.

C. The BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY is subject to the provisions of Article 81,

Section 326 (a) of the Annotated Code of Maryland which provides that the Retail Sales Tax shall not apply to

the following Sales:

1. State Sales - “Sales to the State of Maryland or any of its political subdivisions. Provided that this sub-

section shall not be construed or applied to exempt any sale, otherwise taxable under this subtitle, or tangible

personal property to contractors or builders to be used for the construction, repair or alteration of real

property, on contracts advertised for solicitation after July 1, 1968.”

RFP NO.: 137-14 PAGE NO.: 11

XV. MINORITY BUSINESS ENTERPRISES REQUIREMENTS

A. The Board of Education of Prince George’s County Administrative Procedure No. 3325 (attached) is applicable and

will be part of the Proposal Requirements. Forms to be used by all respondents for the applicable procedure will be

attached to each response. The “Minority Business Enterprise Utilization Affidavit, Attachment 1” MUST BE

submitted AT THE TIME OF PROPOSAL OPENING. Failure to adhere to the guidelines outlined in this

procedure, may result in your firm being ruled non-responsive and may jeopardize any future awards.

B. The contractor or supplier who provides materials, supplies, equipment, service and construction for this project

shall attempt to achieve the overall MBE goal of 30% of the total dollar value of the contract for this project from

certified minority business enterprises (MBE), either directly or indirectly. The respondent agrees that this amount

of the contract will be performed by certified minority business enterprises.

C. Only those businesses registered in the Purchasing I-Supplier database and listed in the Minority Business

Enterprise Office directory for the Board of Education of Prince George’s County as a certified minority vendor at

the time of any respective proposal opening, shall be recognized as a “Certified Minority Business.” If not listed,

evidence of acceptable certification from the Maryland Department of Transportation (MDOT), Prince

George’s County Government (PGCG) and Washington Metropolitan Area Transit Authority (WMATA)

must be provided to the Board’s Purchasing Office prior to any respective proposal opening.

D. The Board of Education of Prince George’s County strongly encourages its Contractors to maximize the use of

qualified locally based minority and women-owned business within the geographical boundaries of Prince

George’s County. The respondent or proposer should be able to verify, through documentation that good faith

efforts were engaged to maximize the use of qualified local minority and women-owned businesses in Prince

George’s County. Documentation of good faith efforts may be required to be submitted in the sealed proposal or

proposal packet on the date and at the time due for the respective proposal or proposal submittal.

XVI. CHANGES IN TERMS OR DELIVERY/COMPLETION DATE

A. After award of individual contracts, any questions or correspondence related but not limited to the following

matters must be directed to the PURCHASING OFFICE, BOARD OF EDUCATION OF PRINCE GEORGE'S

COUNTY, UPPER MARLBORO, MARYLAND 20772-9983, in writing:

1. Requests for deviation from the specifications, terms, or conditions of the contract

2. Bonding or insurance

3. Other matters.

B. In the event of strikes, Acts of God, or other circumstances beyond the contractors control which prevent

completion of work or delivery, the contractor must secure temporary contractual relief. The circumstances and

duration must be stated by the contractor in writing and be forwarded to the PURCHASING OFFICE within ten

(10) days after their development. Contractual relief shall be only that which is acceptable to and in agreement

with the PURCHASING OFFICE, for those goods and services which are necessary for the day to day needs of

the BOARD.

XVII. INVOICES

A. Invoices must be submitted in DUPLICATE, ACCOMPANIED BY A SIGNED DELIVERY TICKET, TO

THE ACCOUNTS PAYABLE DEPARTMENT, BOARD OF EDUCATION OF PRINCE GEORGE’S

COUNTY, UPPER MARLBORO, MARYLAND 20772-9983, and contain the following minimal information:

1. Purchase order number

2. Request for Proposal number

3. Delivery destinations as it appears on the purchase document

4. Unit price and extended price of item

5. Total amount of invoice

XVIII. PAYMENT

RFP NO.: 137-14 PAGE NO.: 12

Payment will be made upon receipt of proper invoices. Payment shall be NET 30 days from date of receipt of

invoice.

XIX. DAMAGES OR INJURY

A. Qualifying contractors will be held pecuniary responsible for any and all damage to BOARD property done or

caused by them or their employees or other personnel engaged in the execution of the contract.

B. The contractor shall be similarly responsible for all injury to persons that occur as a result of his fault or

negligence.

C. The contractor shall take proper safety and health precautions to protect the work, the workers, the public and

the property of others.

D. The contractor shall be responsible for any and all damage to adjacent property incurred in the performance of

the contract and shall hold the BOARD free of any and all claims for damages arising from the execution of the

contract.

XX. TERMINATION FOR CONVENIENCE

A. This contract may be terminated by the BOARD OF EDUCATION in accordance with this clause in whole

or\ in part whenever the Board Contracting Officer shall determine that such a termination is in the best

interest of the BOARD OF EDUCATION. Any such termination shall be effected by delivery to the

Contractor at least five (5) working days prior to the termination date of a Notice of Termination specifying

the extent to which performance shall be terminated and date upon such termination becomes effective. An

equitable adjustment in the contract price shall be made for completed service, but no amount shall be

allowed for anticipated profit on unperformed services.

XXI. TERMINATION FOR DEFAULT

A. The BOARD OF EDUCATION may, by written notice of default to the Contractor, terminate the whole or any

part of the Contract in any one of the following circumstances:

1. If the Contractor fails to make delivery of the supplies or equipment exactly as specified or perform

the services within the time and manner specified herein or any extension thereof, or

2. If the Contractor fails to perform any of the other provisions of this Contract, or so 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 (10) days (or such longer period

as the Purchasing Office may authorize in writing) after receipt of written notice from the Purchasing

Office specifying such failure, or

3. Willfully attempt to make delivery of items other than the items in the Contract, or perform the

services other than specified as to quality, package contents, work processes or otherwise, without

specific authorization in the form of a contract amendment, or

4. If a determination is made by the BOARD OF EDUCATION that the obtaining of the Contract was

influenced by an employee of the BOARD having received a gratuity, or promise thereof, in any way or

form.

XXII. DISCLOSURE

A. Respondent shall not disclose information concerning work under this Agreement to any third party, unless

such disclosure is necessary for the performance of the Agreement effort. No news releases, public

RFP NO.: 137-14 PAGE NO.: 13

announcement, denial or confirmation of any part of the subject matter of this Agreement or any phase of any

program hereunder shall be made without prior written consent of the Board. The restrictions of this paragraph

shall continue in effect upon completion or the parties may mutually agree upon termination of this Agreement for

such period of time as in writing. In the absence of a written established period, no disclosure is authorized.

Failure to comply with the provisions of this Clause may be cause for termination of this Agreement.

XXIII. INFRINGEMENT OF PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OTHER INTEREST

A. The following terms apply to any infringement, of claim or infringement, of any patent, trademark, copyright,

trade secret or other proprietary interest based on the manufacture, normal use or sale of any material, equipment,

programs or services furnished by Respondent to the Board, unless such infringement or claim results from the

Respondent following written instruction or directions of The BOARD. Respondent shall indemnify the Board,

for any loss, damage, expense, or liability that may result by reason of any such infringement or claim.

Respondent shall defend or settle, at Respondent’s own expense, any action or suit for which Respondent is

responsible hereunder. The Board shall notify Respondent promptly of any claim or infringement for which

Respondent is responsible and shall cooperate with Respondent in every way to facilitate the defense of any such

claim.

XXIV. NON-DISCRIMINATION

A. The Contractor is to conduct business in a non-discriminatory manner prohibiting discrimination in any

manner against any employee or applicant for employment because of sex, race, creed, color, age, mental or

physical disability, sexual orientation or national origin.

XXV. RIGHT TO DATA

A. All data, reports and other documents generated for the BOARD and accumulated by the

consultant/contractor in the performance of this order/award, shall remain the property of the BOARD, and shall

be returned to the control of the BOARD upon completion of the contract. No personal student or BOARD

information, as defined by federal and state law and BOARD policy, shall be disclosed or published unless

otherwise agreed herein.

XXVI. RIGHT TO AUDIT

A. The contractor shall agree that in accordance with Section 952 of the Omnibus Budget Reconciliation Act of

1980, its contracts, books, documents and records will be made available to the Comptroller General of the United

States and the BOARD until the expiration of services is finalized under this Agreement.

XXVII. AVAILABILITY OF FUNDS

A. A contract shall be deemed executory only to the extent of appropriations available to the BOARD for the

purchase of such articles. The obligation of the BOARD on all contracts, including those which envision funding

through current and successive fiscal years, shall be contingent upon actual Board appropriations for the fiscal

year(s) involved.

XXVIII. RESTRICTIONS

A. Potential contractors/vendors of the Board of Education of Prince George's County Schools are advised that

Maryland law now provides the following mandatory restrictions on registered sex offenders performing work or

services on school system property:

B. "A person who enters into a contract with a county board of education or a nonpublic school may not

knowingly employ an individual to work at a school if the individual is a registrant. A person who violates this

section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine

not exceeding $5,000 or both."

RFP NO.: 137-14 PAGE NO.: 14

C. Persons or entities awarded contracts with the Board of Education of Prince George's County are required to

certify that no employee, subcontractor, subcontractor employee, or material supplier that is a registered sex

offender will be allowed to enter onto school system property at any time in the performance of the work or

services for which the contract is awarded. Such certification is a condition precedent to any contract award, and

failure to so certify will be grounds for not awarding a contract. It will be the responsibility of contractors to

obtain similar certification from all sub-contractors and material suppliers performing work or services on school

system property and to monitor adherence to this requirement. In the event that the Board of Education of Prince

George's County determines that a registered sex offender has entered upon school system property in the

performance of work for a contractor/vendor, such will be grounds for termination of the contract.

XXIX. FINGERPRINT AND BACKGROUND CHECKS

A. Pursuant to BOARD Administrative Procedure 4215, all Independent Contractors and Outsourced Agencies

and their employees who will be on BOARD property and will or may have contact with students, MUST have a

fingerprint and background check provided by the BOARD at the contractor’s expense. The contractor will be

responsible to call the Fingerprinting Office at 301-952-6775 to schedule an appointment.

XXX. FAILURE TO RESPOND

A. Failure to make response to this request for proposal may cause removal of your name from our respondents’

mailing list for this commodity or service. Those respondents wishing to remain on the mailing list for this

commodity or service but do not desire to submit a proposal at this time, should affix the enclosed mailing label,

marked "no proposal", to an envelope with the company's name and return address clearly shown, and mail as

indicated on the label. If you are not a supplier of this commodity or service submit a "no proposal" and request

your name be removed from our mailing list for this commodity or service only.

RFP NO.: 137-14 PAGE NO.: 15

SECTION III

SPECIFICATIONS

Scope of Work:

This RFP will form the basis of a contract to complete the Master Plan Support Project (MPSP), a major

planning study of and for the Prince George’s County Public Schools. The study will collect new data and

synthesize existing data to develop options and provide input to the establishment of priorities for the

improvement of PGCPS school facilities. The MPSP will include the following major elements:

Task 1. Development of Educational Adequacy Metric (EAM): Development of an educational adequacy metric for

elementary, middle, high schools, and specialty school buildings in the PGCPS inventory. For purposes of this study,

educational adequacy is intended as a broad term that includes (but is not limited to) functional adequacy for

administrative, educational and other programs; compliance with technology standards of PGCPS; compliance with

security standards for schools; compliance with applicable building codes and MSDE standards and guidelines; and

compliant with environmental regulations, including environmental regulations for storm water management.

Task 2. Application of EAM: The metric developed under MPSP will be applied by the consultant team to an evaluation

of school buildings in the inventory. The study will include an evaluation of all PGCPS school buildings built before

1999. The metric will be sufficiently documented that PGCPS staff will be able to apply the metric in the evaluation

of school boundaries built in 1999 or later and the update of the metric in future years.

Task 3. Utilization: A utilization study of all schools in the inventory, comparing state-rated capacity, actual space-by-

space use, and PGCPS standards as defined in the Educational Specification documents and master schedules. By

legislation, this task must be completed by December 2014.

Task 4. Weighting of the Facility Condition Index (FCI): Currently, the FCI in use is ‘unweighted.’ In other words, the

FCI quantifies deficiencies by the cost to replace or correct them, without recognizing that some deficiencies are more

difficult to correct or have a greater impact on the school’s learning environment. The consultant for this project will

develop and vet a Weighted FCI (WFCI) to reflect health and safety, the degree to which corrections are readily

achievable in isolation (i.e. not in a modernization or replacement), and other factors to be determined.

Task 5. Prioritization: The consultant will develop a ranking system for use by PGCPS that consolidates the Weighted

FCI, the EAM, the utilization data, and other relevant factors to be determined to support recommendations for capital

investments in a manner that is need-based, fair, fiscally prudent, equitable across the system, and transparent. The

results from application of the ranking system should be sensitive to the multiple priorities, objectives and constraints

which may change over time and would reasonably influence the development of a capital program.

Task 6. Synthesis: In combination with the data created under this project, and its synthesis into a plan to bring the

PGCPS inventory up to an acceptable standard; the study will include a discussion and robust analysis of various

combinations of project types, including the following:

a) New Schools – construction of a new school facility or conversion of an facility not currently used as a school.

b) Additions – expansion of the capacity of a school not targeted to a specific education program (e.g. the

comprehensive population).

c) Modernizations (bringing a school up to current standard; the term applies even where replacement of the entire

facility is contemplated, providing it remains at the same site.

d) Limited renovations, involving a minimum of 5 building systems and educational facility components, in accord

with the Interagency Committee on School Construction (IAC) guidelines for this building type.

e) Targeted program renovations or additions that address a particular educational program deficiency or need,

including, but not limited to: Secondary School Reform, Prekindergarten, Science Lab renovations, High School

Auditoria, Elementary School Gyms; Open Space Enclosures (Pod Conversions), Kitchen Modifications to meet

standards and/or to support the Breakfast in the Classroom Program, etc.

f) Targeted single system systemic replacements, such as roofs, boilers, windows, etc.; These projects generally cost

RFP NO.: 137-14 PAGE NO.: 16

more than $100k and are intended to last 15 years or more.

g) Code and regulatory compliance projects, such as (but not limited to): Americans with Disabilities Act,

WSSC/FOG regulations; AHERA, applicable Storm Water Management mandates, building codes, etc.

h) Small Capital projects, costing under $100k but addressing deficiencies will durable improvements.

i) The development of CIP scenarios will look at 10, 15, and 20 year timeframes for bringing the system up to

standards. Three funding levels will also be input, creating a variety of options for review, discussion with

stakeholders, and evaluation. Preliminary estimates of funding levels to be used for comparison are: $130m

annually; $200m annually; and $260m annually.

j) Other non-capital actions, such as closing, will be evaluated.

Task 7. Utilization of appropriate non-proprietary tools, including but not limited to GIS, to assess synergistic planning

issues, including but not limited to projects, feeder patterns, catchment areas, program distribution, and swing space

availability.

Task 8. Community Engagement: A community engagement process will be embedded in the scope of work to explain

the process, gather input, and roll out recommendations. Note that all public materials must be approved in writing by

PGCPS prior to issuance, and must comply with PGCPS Branding Guidelines (to be provided to selected consultant).

Outreach will include working with PGCPS to schedule and facilitate public meetings, developing web contents, and

providing printed materials. For purposes of pricing the proposal, printing costs should be handled as an allowance of

$25,000.

Task 9. Recommendations: A final set of recommendations will be included in the study. It will include recommended

follow-on activities, and recommendations for Master Plan and Capital Plan development, including balance of

project types, a prospective prioritization for modernization, and recommendations for other planning actions to

address utilization and to bring the system into a state of good repair. Recommendations may include such non-capital

actions as adjustments in capacity, selective closures, grade re-organization, and redrawing of school attendance

boundaries.

Note that these tasks may overlap where helpful, but should be scheduled in recognition of the inherent

dependencies. This should be clearly laid out in the technical approach.

Information Provided by PGCPS:

PGCPS Office of Capital Improvement Programs will provide educational specification guidelines for

elementary, middle, and high school to be used as benchmarks for the analysis and will assist as needed to

customize for each school for the purposes of the study. For PGCPS specialized schools where no current

educational specification exists, PGCPS will work with the consultant to interpolate appropriate benchmarks.

Building information including the 2012 Facility Report, any drawings on file, work order history, and other

available data will be provided to the study team. The PGCPS provides no guarantee on the accuracy,

completeness, or currency of the data provided; although the Parsons’ Study information may be taken at face

value, with minor updates to reflect 2 years’ worth of capital projects. Any assumptions made during the course

of the study must be clearly delineated in the draft and final reports.

Enrollment projections, educational program documents, and other existing data, and strategic plans and

initiatives will be provided.

Study Development Process: As part of the task structure outlined above the consultant will:

1. Validate existing and develop new parameters and benchmarks to include at a minimum:

- Current educational specifications by building type (ed specs for recent schools will be provided as a basis for

RFP NO.: 137-14 PAGE NO.: 17

development of the standards)

- Learning environment characteristics (lighting, acoustics, etc.)

- Safety and security guidelines

- Site and sustainability issues

- Technology infrastructure standards

2. Evaluate and quantify separately each school’s weighted functional condition index and educational adequacy

based on (at a minimum) school visits, measurement or confirmation of spatial allocations, floor plans, and

current staffing plans; high schools will be prioritized as the first deliverable (Phase 1), taking into account

geographical and feeder pattern dynamics.

3. Evaluate and quantify the utilization for all schools in the study. Utilization data for all schools must be delivered

in its final form as a separate report by December 2014.

4. Provide and execute a ranking system to combine the WFCI, EAM, Utilization and other appropriate data in non-

proprietary software which would assign a rankable score to each school. The ranking system should be

sufficiently flexible to adjust the rankings based on PGCPS initiative, priories and constraints

5. One intent of the study (in its separate components and as a whole) is to build capacity within PGCPS to carry

forward facility modernization master planning in future years as a predominantly in-house effort. Therefore

respondents to this RFP should show how they will use generally-available software, and provide limited training

where appropriate, to transfer knowledge and methodologies to PGCPS.

The study team will meet bi-weekly with an internal PGCPS oversight committee. The oversight committee will include

PGCPS leadership (or their designees) to provide timely decision-making throughout the project. The Director of Capital

Programs will be the primary contact. A study team made up of core PGCPS staff and consultants will monitor the day-

today activities of the project and provide appropriate direction and guidance. The study team will be responsible for

scheduling with local schools.

For purposes of preparing a cost proposal, the consultant should plan for a minimum of six public meetings and two

School Board meetings.

Background:

Best practices in school maintenance support the comprehensive modernization of school buildings every 35-40

years.1 Although consistent, routine, and regular maintenance of building components can extend a building’s

life span, most major components reach the end of their useful lives at between 15 and 35 years and become

inefficient and prone to failure. Additionally, changes in the teaching styles and content, new technologies,

and, for many schools, multiple unrelated additions require redesign and upgrading of the teaching and learning

spaces. Modernizing to ‘like new’ standards assumes the replacement of all major systems, the rightsizing and

equipping of all classrooms and core spaces, state-of–the-art technology, and site improvements to current

standards.

In 2008 Parsons 3D/International (Parsons) conducted a General Facility Condition Assessment on all district schools.

Parsons assessed the various building systems that make up the facility, for example, foundation systems, structural

systems, roofing systems, and heating, ventilation, and air conditioning (HVAC) systems. The work involved gathering

information such as make, model, and installation dates of various systems. The purpose of this assessment was to help

PGCPS define capital renewal and deferred maintenance funding requirements. Schools were assigned an FCI (Facilities

Condition Index) score indicating the level of maintenance needed compared to the cost of replacement.

Many districts also consider the educational or functional adequacy of the school buildings to house the current

students and programs when using these rankings to prioritize schools for modernization. Educational adequacy

1 For purposes for this study, the term ‘modernization’ means a major capital project to bring an existing school facility and its site

up to currents standards in all respects, including an expectation of an additional 40 years of expected useful life. Such a project may range from renovations, additions, selected demolition, up to the complete replacement of a school with new construction

RFP NO.: 137-14 PAGE NO.: 18

considers factors such as capacity and utilization, right-sized teaching spaces, security, technology and

adjacencies.

As PGCPS strategic plans for the future modernization of its inventory of older buildings, it has identified three

analyses that must be conducted to develop a comprehensive program based on objective criteria.

Facilities condition assessment (the assessment is complete, but the findings must be weighted in

order to provide useful information in identifying schools for prioritization for modernization)

Educational adequacy assessment

Capacity and utilization analysis

Synergistic factors, such as availability of swing space or alignment with non-capital sources of funding may be

considered or may be omitted – subject to analysis.

Organization of Study Report:

The study will be presented in the following phases:

1. Detailed Work Plan;

2. Monthly updates;

3. The Capacity and Utilization Report -- Detailed Findings (school by school)

4. The High School Ranking Study

5. Draft and Final Master Plan Support Report, Preliminary organization is suggested as follows, but is subject

to collaborative revision:

1. Introduction

2. Executive Summary

3. Scope, Methodology and Goals

a. Educational Adequacy Metric – explanation, guidance for use and interpretation;

b. Weighted Facility Condition Index – explanation, guidance for use and interpretation;

4. Capacity and Utilization Analysis

5. Recap of Synergistic Factors influencing modernization plan development

a. Funding Prospects and Alternative Levels

b. Educational Plans, Initiatives and Priorities

c. Swing Space and Project Sequencing Considerations

6. Analysis of Options to address deficiencies, with differing funding scenarios

7. School Rankings and Interpretation

8. Recommendations

9. Appendices (individual school reports, other reports)

Schedule:

The schedule for delivery of the project will be:

Project award: 1 August 2014

Detailed Work Plan due within 30 days of award (all days are calendar days)

The Capacity and Utilization Report -- Detailed Findings (school by school): 30 November 2014

Draft report submitted Phase 1 (high schools): December 30, 2014

Two weeks for internal PGCPS review

Draft report submitted Phase 2 (elementary and middle schools): January 2015

Thirty days for submission of final report

Presentation of Final Report to the School Board: Plan for 2 presentations

RFP NO.: 137-14 PAGE NO.: 19

Project Deliverables:

1. 10 full copies of draft report(s) with all appendices;

2. 40 full copies of final report including revised appendices;

3. Electronic copy of each submission;

4. Transfer of data collected or developed as part of the study to PGCPS in a format suitable for use,

analysis and updates;

5. Training on the system(s) employed so that PGCPS staff can undertake future updates and add schools

over the coming years.

Selection Criteria:

Interested firms will submit the following:

1. A cover letter of interest

2. A brief overview of the project philosophy (5%);

3. An outline for the technical approach, including community engagement, as well as other considerations

deemed important (20%);

4. A sample of a previous functional adequacy and/or master plan study (only one set of sample materials

is required) (15%);

5. The resume of the proposed project leader (15%);

6. The resumes of key staff (10%);

7. The qualifications of the project team (10%);

8. A list of similar work conducted by the firm within the last five years identifying the project leader and

the agency contact(s) for whom the study was conducted (15%);

9. A preliminary project schedule (10%)

Rankings will be made based on items 1 through 9 above, not to exceed 50 pages (page count excludes the

sample study). Final selection will include consideration for price, and final negotiations. PGCPS may also

request interviews for short-listed firms. The selected firm will enter into price negotiations based on

proposed fee for the work.

RFP NO.: 137-14 PAGE NO.: 20

SECTION IV

FEE PROPOSAL FORM

Please include proposed fee for the study in a separately sealed envelop

RFP NO.: 137-14 PAGE NO.: 21

AFFIDAVIT This document must be completed, signed by an authorized company official & submitted with your proposal response. The signature must

be an original (signed in ink) or your proposal will be ruled non-responsive.

Contractor Proposal No.

Address

City, State and Zip

Telephone Fax Email

FOR MINORITY USE ONLY

LOCALLY BASED MINORITY BUSINESS: PGC MBE____ PGC MWE _____ MD MBE_____ MD MWE_____

INDICATE IF YOU ARE A MINORITY BUSINESS CERTIFIED BY: P.G. COUNTY GOVERNMENT: Certification No.: ___

MD. STATE DEPT. OF TRANSPORATION: Certification No.: ______________________

AFFIDAVT I

The Contractor, his agent, servants and/or employees, have not in any way colluded with anyone for and on behalf of the contractor or

themselves, to obtain information that would give the Contractor an unfair advantage over others, not have thy colluded with anyone for and

on behalf to the contractor, or themselves, to gain any favoritism in the award of the contract herein.

AFFIDAVIT II

No officer or employee of the Board of Education Prince George's County Public Schools, whether elected or appointed, has in any manner

whatsoever, any interest in or has received prior hereto or will received subsequent hereto any benefit, monetary or material, or consideration

from the profits or emoluments of this contract, job, work or service for the Board, and that no officer or employee has accepted or received

or will receive in the future a service or thing of value, directly or indirectly, upon more favorable terms than those granted to the public

generally, nor has any such officer or employee of the Board received or will receive, directly or indirectly, any part of any fee, commission

or other compensation paid or payable to the Board in connection with this contract, job, work, or service

for the Board, excepting, however, the receipt of dividends on corporation stock.

AFFIDAVIT III

Neither I, nor the Contractor, nor any officer, director, or partners, or any of its employees who are directly involved in obtaining

contracts with the Board have been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state, or of

the federal government for acts of omissions committed.

AFFIDAVIT IV

Neither I, nor the Contractor, nor any of our agents, partners, or employees who are directly involved in obtaining contracts with the

Board have been convicted within the past 12 months of discrimination against any employee or applicant for employment, nor

have we engaged in unlawful employment practices as set forth in Section 16 of Article 49B of the Annotated Code of Maryland or,

of Sections 703 and 704 of Title VII of the Civil Rights Act of 1964.

AFFIDAVIT V

I further affirm that neither I nor the above firm shall knowingly enter into a contract with the Board under which a person or

business debarred or suspended from contracting with a public body 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. I acknowledge that this Affidavit is to be furnished to the Board. I acknowledge

that I am executing this Affidavit in compliance with the provisions of Title 16 of the State Finance and Procurement Article of the

Annotated Code of Maryland which provides that persons who have engaged in certain prohibited activity may be disqualified,

either by operation in law or after a hearing, from entering into contracts with the Board. I further acknowledge that if the

representations set forth in this Affidavit are not true and correct, the Board may terminate any contract awarded, and take any other

appropriate action.

I do solemnly declare and affirm under the penalties of perjury that the contents of the foregoing affidavit are true and correct to the

best of my knowledge, information and belief.

Signature Date Printed Name Title- Authorized Official

If a corporation, it was organized under the laws of the state of, in the year _______ a partnership, list names of partners

RFP NO.: 137-14 PAGE NO.: 22

LOCAL MBE INITIATIVE

NOTICE TO VENDOR

Minority Business Enterprise Participation: Prince George’s County is strongly committed to ensuring the

maximum participation of qualified local minority business on PGCPS projects as contractors and subcontractors for

the procurement of goods and services.

Notification is hereby given that qualified local minority business are encourage to participate in the solicitation

process by submitting proposal packages for this project

Respondents are hereby notified that qualified local minority shall have the maximum opportunity to compete for and

perform such contracts and subcontracts and provide material supplies for such contracts and subcontracts in

accordance with PGCPS local minority initiative. Proposers should complete the “Tabulation of Subcontractors and

Material Suppliers” form (Attachment A) listing all subcontractors and material suppliers, including qualified local

minority business and material suppliers that will participate on this project.

Enforcement of Initiative: Any individual or entity that engages in fraud, misrepresent, or wrongful conduct, whether

by act or omission, related to its participation in, or eligibility to participate in this Local initiative, shall be in

violation of the program. This determination shall be solely at the discretion of PGCPS Purchasing Department.

Violators may be subject to, on an individual and/or entity basis, debarment or suspension from participating in the

Districts contracts in accordance with the Board, County and/or State Debarment and Suspension Policy

All factors being equal, priority shall be given to Vendors in the following sequence

a. The Prince George’s County Minority/ Woman Owned Business

b. The Prince George’s County Vendors other than Minority/ Woman Owned Business

c. The Maryland vendor who is Minority/ Woman Owned Business

d. The Maryland vendor, other than a Minority/ Woman Owned Business

RFP NO.: 137-14 PAGE NO.: 23

ATTACHMENT A

The undersigned states that the following is a complete list of the proposed Subcontractors and Material Suppliers on this project and the class of work to be performed by each,

and that such list will not be added to nor altered without written consent of the Purchasing Department. Please add more lines if necessary.

(Check appropriate Business Type)

Percentage or Price

of Work/Material Local Local MD MD

Subcontractor Name Class of Work or Material to complete work MWB Other MWB Other

1. _____________________________ _____________________ ________________

2. _____________________________ _____________________ ________________

3. _____________________________ _____________________ ________________

4. ____________________________ _____________________ ________________

5. ____________________________ ______________________ ________________

Percentage or Price

of Work/Material Local Local MD MD

Materials Supplier Name Supply/ Material to complete work MWB Other MWB Other

1. _____________________________ _____________________ ________________

2. _____________________________ _____________________ ________________

3. _____________________________ _____________________ ________________

4. ____________________________ _____________________ ________________

5. ____________________________ ______________________ ________________

Company Name: _____________________________ By: _____________________________ Completion and submission of this form with the proposal is

Date: ______________________________________ Title: ____________________________ mandatory for proposal to be considered responsive.

RFP NO.: 137-14 PAGE NO.: 24

RFP NO.: 137-14 PAGE NO.: 25

ADMINISTRATIVE PROCEDURE 3325 Procedure No. September 30, 2008 Date

I. PURPOSE: To establish a resolution that a goal of 30% percent be attempted on all contracts with a

minimum of 15 percent of the total dollar value for all Prince George’s County Public Schools’

contracts for materials (other than materials of instruction), supplies, equipment, services and

construction, as entered into during any fiscal year, be purchased directly or indirectly from Minority

Business Enterprises (MBEs).

II. POLICY: As set forth in state law and county ordinance, the Prince George's County Public Schools'

Minority Business Enterprise Program must meet certain statutory and regulatory requirements. In

recognition of existing state and county statutes, rules, regulations, and resolutions, and consistent

with statutory provisions related to proposals and awards thereon by local boards of education, the

Board of Education of Prince George's County adopted a minority business Administrative Procedure

on April 21, 1986. This procedure, revised on July 1, 2004, supersedes the procedure of June 30,

1998.

III. BACKGROUND: The following regulations all seek to achieve certain minimum percentages of

total contract expenditures for minority business enterprises, as hereafter defined, where state or

county funds are involved.

A. Annotated Code of Maryland, State Finance and Procurement, Article

14-301.

B. Annotated Code of Maryland, Education, Article Section 5-301.

C. Annotated Code of Maryland, Education, Article Section 4-125.

D. Code of Maryland Regulations, Title 21, Subtitle 11, Chapter 3.

E. Prince George's County Code, 10-A, Subdivision 10A-136, Assistance to Minority Business

Enterprise.

F. Interagency Committee Rules, Regulations and Procedures for the Administration of the

School Construction Program, Section 15 (approved by Board of Public Works, October 6,

1993).

IV. DEFINITIONS:

A. Minority Person: A member of a socially or economically disadvantaged minority group that

for the purposes of this procedure includes African Americans, American Indians/Native

Americans, Asians, Hispanics, Women, Physically or Mentally challenged individuals, and

Not-for-Profit entities organized to promote the interests of physically or mentally disabled

individuals.

MINORITY BUSINESS ENTERPRISE

PROCUREMENT PROCEDURES

RFP NO.: 137-14 PAGE NO.: 26

B. Minority Business Enterprise (MBE): Any legal entity, other than a joint venture, that is at

least 51 percent owned and controlled by one or more minority person(s), organized to engage

in commercial transactions.

C. Ownership:

1. For a sole proprietorship to be deemed a minority business enterprise, the sole

proprietor must be a minority person. If the ownership interest held by a minority

person is subject to formal or informal restrictions such as options, security interests,

agreements, etc., held by a non-minority person or business entity, the options, security

interests, agreements, etc., held by the non-minority person or business entity must not

significantly impair the minority person's ownership interest.

2. For a partnership to be deemed a minority business enterprise, at least 51 percent of the

partnership's assets or interests must be owned by a minority person or minority

persons. If the ownership interest held by a minority person is subject to formal or

informal restrictions such as options, security interests, agreements, etc., held by a non-

minority person or business entity, the options, security interests, agreements, etc., held

by the non-minority person or business entity must not significantly impair the

minority person(s) ownership interest.

3. For a corporation to be deemed a minority business enterprise, legal and equitable

ownership of at least 51 percent of the aggregate of all classes of stocks, bonds, or

other securities issued by the corporation must be owned by a minority person(s). If an

ownership interest held by a minority person is subject to formal or informal

restrictions such as options, security interests, agreements, etc., held by a non-minority

person(s) or business entity, the options, security interests, agreements, etc., held by the

non-minority person(s) or business entity may not significantly impair the minority

person(s)’ ownership interest. (Note: stock held in trust is not considered as stock held

by the disadvantaged business persons when computing the business person(s)’

ownership).

D. Control: Minority owners shall either collectively or individually possess the working

knowledge of the technical requirements needed, power to direct or cause the direction of

management, policies and objectives and to make all substantive, day-to-day decisions on

applicant's major and/or essential operations. In addition, the applicant must demonstrate

technical knowledge of the firm’s major areas of work. No formal or informal restrictions of

any kind shall exist, which limit the customary discretion necessary for actual business control

by the minority owners.

E. Certification: The determination that a legal entity is a minority business enterprise consistent

with the provisions of Subtitle 3 (13-301b) of the State Finance and Procurement Article.

F. Certified Minority Business Enterprise: A minority business that holds a certification issued

by Maryland Department of Transportation (MDOT), Washington Metropolitan Airport

Transportation Authority (WMATA) and recertification issued by Prince George's County

Government.

G. Race Neutral Measure: Means a method that is or can be used to assist small businesses.

RFP NO.: 137-14 PAGE NO.: 27

H. Minority Business Enterprise Coordinator: The employee designated to administer the Board

of Education's Minority Business Enterprise Program.

I. Buyer: Purchasing agent-handling solicitations.

V. MINORITY BUSINESS ENTERPRISE PROGRAM RESPONSIBILITIES:

A. A roster of MBEs, listing each firm by commodity and service provided, certification,

minority business code, location, and current certification status, shall be maintained in

Purchasing Services.

B. The MBE Coordinator, who shall be an employee assigned to Purchasing Services, shall have

the direct responsibility for maintaining said roster.

C. Any MBE on a current listing of Maryland Department of Transportation or Prince George's

County Government list of certified MBEs shall, upon furnishing evidence of such, be

automatically deemed eligible for placement on the roster of MBEs of Prince George's County

Public Schools.

VI. CERTIFICATION: The determination that a legal entity is an MBE consistent with the intent of

Subtitle 3 of the State Finance and Procurement Article.

VII. TECHNICAL ASSISTANCE-OUTREACH-TRAINING EFFORTS: The MBE Coordinator shall

have the direct responsibility for implementing a "Technical Assistance-Outreach-Training Program"

for small and minority vendors. Said program may cover any and all factors necessary to enable small

and minority firms to do business with Prince George's County Public Schools.

VIII. SOLICITATIONS: All Requests for Proposal (RFP) will be reviewed and may, at the discretion of

the Board of Education’s representative, require a percentage equal to 30 percent but a minimum of 15

percent participation by minority businesses as defined herein in supply, service, construction,

moveable equipment, and architectural and engineering services contracts.

IX. ADVERTISING: Prior to advertising a Request for Proposal (RFP), a Prince George's County

Public Schools’ representative from the appropriate division responsible for the contract, a Purchasing

agent, and the MBE Coordinator will jointly identify all subcontractable opportunities in the RFP. All

proposals will include the following information:

A. The Prince George’s County Public Schools does not discriminate on the basis of race, color,

sex, or national origin in consideration for award. Minority businesses are encouraged to

submit proposals in response to this notice.

B. Minority business firms will be considered as minority business contractor or subcontractor, if

certified by any of the following: Prince George’s County Government and the Maryland

Department of Transportation.

C. The certified minority business goal for each RFP will be noted on the front cover of the RFP

under “Special Note” and identified as a deliverable in the contract.

RFP NO.: 137-14 PAGE NO.: 28

X. SOLICITATION PROCESS FOR PHONE AND WRITTEN QUOTES. THIS PROCESS

INCLUDES PROFESSIONAL SERVICES (Architects, Engineers, Non-Instructional Services

Consultants, Contractual Services, etc.)

A. For contracts less than $5,000, solicitations from more than one vendor are not required.

Users and buyers are strongly encouraged to solicit from MBEs in addition to other

prospective respondents.

B. If contracts are estimated to be between $5,001 - $10,000, a minimum of three (3) qualified

firms shall be solicited for quotations. Two (2) firms are to be certified minority. If three (3)

firms cannot be solicited, or if pricing is obtained directly from the manufacturer or its direct

distributor, a note of explanation shall be made on the quotation worksheet. Current catalog

prices and prior proposal prices may, if confirmed by the supplier, serve in lieu of quotations.

Certified minority business enterprises (MBEs) should always be contacted in addition to

other prospective respondents.

C. A request for written quotations shall be solicited when the estimated dollar value of the

request exceeds $10,001 but is less than $25,000.00. A written specification shall be prepared

and mailed to a minimum of three (3) firms requesting written quotations of pricing. A

minimum of two (2) minority firms shall be sent the solicitation.

D. Formal proposals are required for procurements over $25,000.00

E. Local MBE firms within Prince George's County should be contacted first for telephone and

written solicitations. If there are less than 3 MBE firms available in Prince George’s County, a

broader search of the MDOT MBE Central Directory at www.marylandtransportration.com

(click on MBE/DBE Program and proceed to the Directory) shall be contacted.

F. In the event the buyer/user department is unable to locate a minority firm for a specific service,

the MBE Coordinator shall be contacted as an additional resource.

G. Evaluation and selection of professional services - The contract process for these services will

involve Purchasing Services.

XI. SOLICITATION PROCESS FOR FORMAL PROPOSALS:

A. To be considered a responsive respondent, contractors are required, when specified in proposal

documents, to subcontract with MBEs for the stated percentage of the total dollar value of the

contract price. (The percentage of MBE participation is based on the anticipated value of the

contract.) Should MBE participation be required, MBE form 1 shall be completed and

submitted as part of the proposal or proposal and MBE forms 2 through 5 must be completed

and submitted within ten (10) working days after notification of being the lowest respondent.

B. Bonus Points: (for locally-funded projects)

Minority Business Enterprise (10%)

Prince George’s County Based Minority Business Enterprise (15%)

RFP NO.: 137-14 PAGE NO.: 29

1. During the evaluation process the Buyer shall determine the eligibility of any

participating certified MBE to match the proposal, dollar for dollar, of the lowest

responsible respondent by application of bonus points.

2. In determining if a certified MBE is entitled to match the competitively proposal price

of the lowest responsible respondent, the Buyer shall adjust the proposal price

submitted by an MBE, 10% for MBEs, 15% for Prince George’s County-based

MBEs) (for the purpose of evaluation and offer to match only) by reducing the

proposal price of such firm by the product of: (1) the proposal price of the apparent

lowest responsible respondent; and: (2) the bonus factor applicable to the MBE (as

stated above).

3. Once it has been determined through the application of the bonus points as

aforementioned that the proposal price submitted by an MBE, after adjustment, was

lower than or equal to the proposal price of the lowest responsible respondent, such

MBE shall be given the opportunity to accept the proposal at the lowest proposal price.

4. If said lowest responsible respondent is a minority firm not located in Prince George's

County or Maryland, a Prince George's County-based or Maryland-based firm will be

awarded bonus points. Once the bonus points are applied, the Prince George's

County-based or Maryland-based minority firm will be afforded the opportunity

to match the proposal of the lowest responsible respondent, if so justified.

5. The Buyer shall notify the MBEs, that by virtue of the application of the bonus points,

the minority business enterprise is entitled to match the proposal of the lowest

responsible respondent. Qualifying MBEs will be given a period of five (5) business

days from the issuance of such notifications by the Buyer the opportunity to match the

proposal originally submitted by the lowest responsible respondent.

6. As a result of such notifications, if more than one MBE proposes to reduce its previous

proposal to that of matching the proposal of the original lowest responsible respondent,

the contract shall be awarded with preferences given in the following order: first,

Prince George's County-based MBE; and second, Maryland-based MBE.

7. If two or more MBEs qualify for the same preference contract award and are prepared

to match the proposal of the original lowest responsible respondent, the Buyer shall, by

toss of a coin, select the party to whom the contract will be awarded.

8. If the MBE entitled to match a proposal indicates to the MBE Coordinator that it can

only match the proposal of the otherwise lowest responsible respondent if relieved

from the necessity of furnishing a bond from a recognized surety guaranteeing the total

performance under any contract to be awarded, the Chief Financial Officer may, upon a

finding that the MBE has demonstrated adequate performance on prior contracts with

the state, county, any of its agencies, municipal corporations, or any local boards of

education, waive such requirement.

9. If the MBE determines that it cannot match the lowest responsible respondent after

being offered an opportunity to do so, the MBE will not be penalized.

RFP NO.: 137-14 PAGE NO.: 30

C. Composition of Minority Subcontractors:

1. It is the intent of Prince George's County Public Schools (PGCPS) that the contractor

includes fair representation of all minority groups in the required percentage of MBE

subcontracting participation.

2. If the successful respondent is an MBE firm, it shall be the obligation of the contractor

to maintain its status as a certified MBE or to maintain the required subcontracting

percentage with certified MBE firms, whichever may be applicable, throughout the

term of the contract or any extension thereof. In the event that any of the

representations or circumstances of the contractor change with respect to the MBE

status, the contractor shall notify the Board of Education immediately. The contractor

shall also report any change in minority business usage if different than information

submitted at the time contract is signed.

D. Pre-Proposal Conference:

1. At each Pre-Proposal Conference, the Prince George's County Public Schools

representative will explain the MBE subcontracting requirement, MBE provisions of

the solicitation, bonus points, documentation required, and its relationship to the

respondent’s responsiveness.

2. Prime contractors must request price quotes from MBE subcontractors at least ten (10)

working days prior to the proposal opening. However, this may be adjusted at the

discretion of the Board of Education.

3. Respondents may use the services offered by the MBE Program Coordinator to

develop its MBE participation requirement.

4. When MBE subcontracting is required, each proposal or offer submitted in response to

a solicitation must be accompanied by a completed Minority Business Enterprise

Utilization Affidavit (MBE Form #1) which has been duly notarized.

5. After the review of responsive proposals, the successful respondent will be notified.

Final approval of contract award will not be made until a list of all MBEs and other

related documents from the contractor are received and reviewed.

E. Contract Award:

1. The following documentation must be furnished by the apparent low respondent within

ten (10) working days from notification when subcontracting is required:

a. A completed Schedule for Participation of Minority Business Enterprise (MBE

Form #5);

b. A Statement of Intent (MBE Form #4); and

c. A copy of the current acceptable certification letter attached

to Schedule of Participation of MBEs (Attachment #5)

d. Outreach Efforts Compliance Statement (MBE Form #6)

Each document will show the agreed prices to be paid to each certified MBE for the

RFP NO.: 137-14 PAGE NO.: 31

work and identify in detail the contract items to be performed by the certified minority

business and the proposed timetable for such performance. An authorized

representative from both the prime and subcontracting firms must sign all documents.

The respondent will certify in writing that there is an existing subcontract for all work

that has been sublet.

2. The Prince George's County Public Schools’ MBE Program Coordinator will conduct a

preliminary evaluation of the apparent low respondent’s submission to determine

whether the proposed MBE participation is in compliance with the outlined

requirements.

3. Based on the evaluation of contract documents submitted, the Prince George's County

Public Schools’ representative will determine if the low respondent is in compliance

with the MBE participation requirements and may recommend to make the final award

or require additional information.

F. Request For Waiver/Exception of Minority Business Enterprise Goal:

1. A waiver/exception of the MBE contract requirement may be granted by the Board of

Education only upon receipt of a written request with supporting documentation which

presents a reasonable demonstration by the respondent that MBE participation was

impossible to obtain or was not obtainable at a reasonable price, and that the public

interest is served by a waiver. Any request for a waiver/exception should be submitted

on a Request for Waiver/Exception Form (MBE Form #3) and contain the following:

a. A detailed statement of the efforts made to contact and negotiates with certified

minority businesses including: names, addresses, date, and telephone numbers

of certified minority businesses contacted;

b. A description of the information provided to MBEs regarding plans,

specifications, and anticipated time schedule for portions of the work to be

performed;

c. A detailed statement of efforts made to select portions of work proposed to be

performed by certified minority businesses in order to increase the likelihood of

achieving the stated requirement;

d. A detailed statement of reasons for a contractor's conclusion that a certified

minority business is not qualified to perform the work needed; and

e. A list of minority subcontractors found to be unavailable. (This list should be

accompanied by the Minority Subcontractor Unavailability Certificate (MBE

Form #2) signed by the MBE or a statement from the apparent low respondent

that the certified business did not provide the Minority Subcontractor

Unavailability Certificate.)

2. A waiver/exception to the MBE requirement will be granted upon determination by the

Prince George's County Public Schools’ representative that qualified MBEs are not

available to participate in a contract or at a reasonable price consistent with the stated

MBE contract requirement and the total contract award. Upon consideration of all the

waiver/exception documents submitted in accordance with this provision, the Prince

RFP NO.: 137-14 PAGE NO.: 32

George's County Public Schools’ MBE Coordinator may approve or deny any request

for a waiver/exception.

3. The low respondent’s failure to participate in any of these proceedings or failure to

furnish information after written request may result in rejection of the proposal on the

basis of non-responsiveness.

G. Contractor Responsibility and Compliance: The contractor shall perform the contract in

accordance with the representations made in the Minority Business Enterprise Utilization

Affidavit (MBE Form #1) submitted as part of the proposal and on the Schedule for

Participation of Certified Minority Business Enterprise (MBE) submitted after the proposal

(MBE Form #5). All compliance monitoring of certified MBE participation will be in

accordance with the following:

1. The contractor shall structure operations for the performance of the contract to attempt

to achieve the purpose of this procedure.

2. The contractor agrees to apply the firm's best efforts to carry out these requirements

consistent with the efficient performance of the project.

3. The contractor must assure that MBEs shall have the maximum practical opportunity to

compete for subcontract work under the contract, even after award of contract.

4. The contractor shall cooperate in any reviews of the contractor's procedures and

practices with respect to MBEs that the Board of Education may, from time to time,

conduct.

5. The contractor shall maintain such records as may be necessary to confirm compliance

with its MBE utilization obligations. These records shall indicate the identity of

minority subcontractors employed on the contract, type of work performed by each,

dollar amount proposed, actual monies paid during the reporting period to date, and

any services and procurements achieved.

6. All records concerning MBE participation must be retained by the contractor for a

period of three (3) years after final completion of the contract and will be available for

inspection by the Board of Education.

7. It shall be the obligation of the contractor to maintain its status as a certified MBE or to

maintain the required subcontracting percentage with certified MBE firms, whichever

may be applicable, throughout the term of the contract or any extension.

8. Any desired changes in the Schedule for Minority Business Enterprise Participation

must be approved in advance by the Board of Education and shall indicate the

contractor's efforts to substitute another MBE subcontractor to perform the work.

Additionally, if changes to the contract require additional work resulting in a cost

increase, the MBE participation should be adjusted to reflect this change.

9. Failure to notify the Board of Education of any changes of representations or

circumstances of the contractor with respect to the MBE status of the contractor or the

percentage of MBE participation, may cause the contractor to be subject to

RFP NO.: 137-14 PAGE NO.: 33

disqualification from the award of any PGCPS system contracts for a period of three

(3) years. In addition, the contractor shall be subject to such other actions as may be

provided under applicable county ordinances and/or state law.

10. The agreed MBE goal identified in the IFP and RFP is a deliverable. Failure to comply

shall be subject to such other actions applicable to county ordinances and /or State law.

H. Amendment For Unforeseen Circumstances: If, at any time before award, an apparent low

respondent believes or has reason to believe that a certified minority business listed in the

Prince George's County Public Schools' Schedule of Minority Business Enterprise

Participation has become unqualified or unavailable, the respondent will immediately notify

the Prince George's County Public Schools’ MBE Coordinator. Within ten (10) working

days, the apparent low respondent must make every reasonable effort to achieve the

stated requirement for the minority participation. Failure to make such efforts may result

in a determination that the apparent low respondent is not eligible for award of the contract.

I. Emergency: If the Prince George’s County Public Schools’ Chief Financial Officer

determines that a project is an emergency (e.g., hazard to the health and welfare of students),

the Chief Financial Officer may waive requirements for MBE documentation.

J. Filing of Reports:

1. The Chief Executive Officer (CEO) shall report to the members of the Board of

Education of Prince George's County, at least semi-annually, regarding progress being

made in attainment of requirements established by the Resolution of the Board of

Education revised, concerning the awarding of contracts to MBEs.

2. The Minority Business Office is required to submit to the CEO on a semi-annual basis

a report of MBE participation. Each year two reports will be issued: an interim report

covering the period July 1 through December 31, and an annual report detailing

activity from July 1 through June 30. Each report will include:

a. Total dollar value of contracts and purchases, by category; and

b. Total dollar value of contracts and purchases, by category, awarded to MBEs.

K. Records, Reports and Subcontractor Payments: The prime contractor agrees to pay

subcontractors within five (5) working days of receipt of payment from Prince George's

County Public Schools. If payments are not made, the Board reserves the right to withhold the

amount owed to subcontractor(s) from the prime contractor's next payment requisition.

L. Monitoring:

1. The Board of Education will carry out reviews as deemed necessary to monitor

compliance with MBE participation requirements. Such reviews may include site

visitations to ensure compliance with MBE requirements.

2. The Board of Education and contractors will maintain appropriate records and, upon request,

assist in on-site or post-audit reviews.

RFP NO.: 137-14 PAGE NO.: 34

XII. BONDING:

A. The Director of Purchasing and Supply may, upon finding that an MBE has demonstrated

adequate performance on prior contracts with the state, county, or any of its agencies,

municipal corporations, or any local boards of education, waive bonding requirement on

certain projects.

B. At the discretion of the Buyer, unless otherwise required by state or federal law or

regulations as a condition to state, federal or county assistance, no proposal bond,

performance or payment bonds shall be required if the contract price is less than

$50,000.

C. Bonds on construction projects over $50,000 must be provided by prime. However, at

the discretion of the Prince George's County Public Schools’ representative, bonds may

be waived. Additional documents may be required.

XIII. NON-DISCRIMINATION:

A. No contract may be awarded to any contractor or subcontractor unless the contract, subcontract

or agreement contains the following non-discrimination clause:

"The contractor is to conduct business in a non-discriminatory manner prohibiting

discrimination in any manner against any employee or applicant for employment

because of sex, race, creed, color, age, mental or physical disability, sexual orientation

or national origin.”

B. If the non-discrimination clause is omitted from a contract or subcontract subject to this

Section, the Board of Education may declare the contract void. In that event, the contractor is

entitled to the reasonable value of work that has been performed and materials that have been

provided.

C. If the contractor willfully fails to comply with the requirements of the non-discrimination

clause and the contract is partially completed, the Board of Education may compel the

contractor to continue to perform under the contract; however, the Board:

1. Is liable for no more than the reasonable value of work performed and materials

provided after the date on which the breach of contract was or should have been

discovered; and

2. Shall deduct any money that has been paid under the contract from the money that

became due.

D. If a subcontractor willfully fails to comply with the requirements of a non-discrimination

clause, the contractor may void the subcontract. In that event, the contractor is liable for no

more than the reasonable value of work performed or materials provided.

XIV. RELATED PROCEDURES: Administrative Procedure 7419, Minority Business Enterprise

Procedures for State Funding Public School Construction Projects.

RFP NO.: 137-14 PAGE NO.: 35

XV. MAINTENANCE AND UPDATE OF THESE PROCEDURES: These procedures originate with

the Department of Purchasing and Supply and will be updated as necessary.

XVI. CANCELLATIONS AND SUPERSEDURES: This Administrative Procedure cancels and

supersedes Administrative Procedure 3325, dated June 30, 1998.

XVII. EFFECTIVE DATE: September 30, 2008.

Attachments:

1 - Minority Business Enterprise Utilization Affidavit

2 – Minority Subcontractor Unavailability Certificate

3 – Request for Waiver/Exception

4 – Statement of Intent

5 – Schedule for Participation of Minority Business Enterprise

6 – Outreach Efforts Compliance Statement

Distribution: Lists 1, 2, 3, 4, 5, 6, 10, and 11

RFP NO.: 137-14 PAGE NO.: 36

Attachment 1 to A.P. 3325 MINORITY BUSINESS ENTERPRISE UTILIZATION AFFIDAVIT

The undersigned as contractor does hereby make the following Affidavit. I acknowledge the Minority Business Enterprise participation of thirty percent (30%) or as it applies and as stated in the proposal documents for the contract with the Prince George's County Board of Education and commit to make a good faith effort to achieve this requirement. In the solicitation of subcontract quotations or offers, all Minority Business Enterprise (MBE) subcontractors were provided not less than the same information and amount of time to respond to the solicitations as non-minority business enterprise subcontractors.

The solicitation process was conducted in such a manner so as to otherwise not place MBE subcontractors at a competitive disadvantage to non-MBE subcontractors. I understand and agree, that if awarded the contract, we will implement the provisions of the above paragraph with respect to subcontracts to be let after the award of the contract, but that such subcontracts will not be let until the Board of Education has reviewed and approved the Minority Business Enterprises submittals. I understand that the failure to submit the affidavit to the Board of Education shall result in a determination that this proposal is non-responsive. I understand and agree that, if awarded the contract, I will and do hereby authorize representatives of the Board of Education and the Interagency Committee for Public School Construction to examine, from time to time, the books, records and files of this organization to the extent that such data relates and pertains to the affirmative action pursuant to this contract. I do solemnly declare and affirm under the penalty of perjury that the contents of the foregoing document are true and correct to the best of my knowledge, information, and belief. _________________________ ___________________________ Company Name Signature Date _________________________ ___________________________ Address Print Name Sworn and subscribed before me this _____________ day of __________, 20___. ____________________________ Notary Public

MBE Form #1 1/94

RFP NO.: 137-14 PAGE NO.: 37

Attachment 2 to A.P. 3325

MINORITY SUBCONTRACTOR UNAVAILABILITY CERTIFICATE

1. It is hereby certified that the firm of _________________________________________________________________________ (Name of Minority Firm) (Telephone) _________________________________________________________________________ (Number) (Street) (City) (State) (Zip) Was offered an opportunity to proposal on the _______________________________school

Project in__________________________________________________________________ County/City

by______________________________________________________________________ (Name of Prime Contractor's Firm)

________________________________________________________________________

(Address) 2. The ____________________________________________is either unavailable for the

(Name of Minority Firm)

work/service or unable to prepare a proposal for this project for the following reason(s): (check one of the following): _____ Unavailable for the work/service for this project, _____ Is unable to prepare a proposal, _____ Did not respond to a request for a price proposal _____ Other please state __________________________ ______________________ Prime Contractor Signature Date ______________________ Title

MBE Form #5 1/94

RFP NO.: 137-14 PAGE NO.: 38

Attachment 3 to A.P. 3325

REQUEST FOR WAIVER

Contractor _______________________________________ Name of Project _____________________

I do hereby request that an exception be granted to the requirement that a minimum of fifteen percent (15%) of the total value of this contract be placed with Minority Business Enterprises.

In connection with the above-captioned project and this request, I hereby certify that I am the __________________________________and duly authorized representative of (Title) ______________________________________________________________________ (Company Name & Address) I further certify that I have submitted a Schedule for Participation of Minority Business Enterprises (MBEs), which reflects the percentage and dollar value of MBE participation, which my company expects to achieve for this contract. That percentage is ______% and the dollar value is $ __________. Therefore, the Request for Exception is for __________ percentage and __________ dollar value.

To support this Request for Exception, I include the following information as attachments, which I certify to be true to the best of my knowledge, information and belief:

1. A statement of the efforts made by my company to contact and negotiate with MBEs, including the names, addresses and telephone numbers of MBEs contacted;

2. A description of the information provided by MBEs regarding the plans and specifications for portions of the work to be performed;

3. A statement of the efforts made by my company to select portions of the work proposed to be performed by MBEs in order to increase the likelihood of achieving the stated goal;

4. For each MBE, which placed a proposal, which my company considers to be unacceptable, we are submitting a statement, which explains the basis for our conclusion that the minority business proposal is unacceptable;

5. A list of minority subcontractors found to be unavailable with attached Minority Subcontractor Unavailability Certificate(s). _______________________ _________________________ (Date) (Signature)

(Print Name) Sworn to and subscribed before me this ____________day of __________, 20 ______.

___________________________________________ (Notary Public) MBE Form #4 1/94

RFP NO.: 137-14 PAGE NO.: 39

Attachment 4 to A.P. 3325

STATEMENT OF INTENT

PROJECT NAME: _____________________________________________________________ PROJECT LOCATION:____________________________________________________________ A. Name of Prime Contractor: B. Name of MBE: C. Certified by: MDOT and Prince George's County Government (Please circle)

Cert. # ________________________

1. Work/Services to be performed by MBE:

2. Subcontract Amount: $ ____________________

3. Bonds - Amount and type required of MBE, if any:

4. MBE Commencement Date: Completion Date:

5. This MBE subcontract represents the following percentage of the total project cost: _________%

6. The undersigned subcontractor will enter into a contract with for the work/service indicated above the prime contractor's execution of a contract for the above-referenced project with the Board of Education. The undersigned subcontractor is a certified Minority Business Enterprise, or has applied for certification. The terms and conditions stated above are consistent with our agreements. ___________________________

Print Name of Subcontractor Signature of Subcontractor

7. The terms and conditions stated above are consistent with our agreements.

___________________________ ___________________________ Print Name of Prime Contractor Signature of Prime Contractor MBE Form #3 1/94

RFP NO.: 137-14 PAGE NO.: 40

Attachment 5 to A.P. 3325

SCHEDULE FOR PARTICIPATION OF MINORITY BUSINESS ENTERPRISE

1. PRIME CONTRACTOR - NAME OF FIRM & ADDRESS: (Number, Street, City, State, Zip Code)

Telephone: __________________________ Fax_________________________________

2. PROJECT LOCATION: (Number, Street, City, State, Zip)

_________________________________________________________________________

3. PROJECT NUMBER: _____________________

4. TOTAL CONTRACT DOLLAR AMOUNT: $ ________________________

PROJECT NAME: ________________________________________________________

5. LIST THE DATA REQUESTED FOR EACH MINORITY FIRM INVOLVED IN THIS PROJECT:

_________________________________________________________________________

a. MINORITY FIRM & ADDRESS: (Number, Street, City, State, Zip)

____________________________________________________________

____________________________________________________________

Work or Service to be performed:

_________________________________________________________

Project Commencement Date: ___________________________

Project Completion Date: ______________________________

Agreed Dollar Amount: $ ______________________________

Percentage of Total Contract: _______________ %

Certified by: MDOT and/or Prince George's County Government

Cert. No. ______________________________

b. MINORITY FIRM: (Number, Street, City, State, Zip)

Work or Service to be performed:

Project Commencement Date: _____________________________

Project Completion Date: ________________________________

Agreed Dollar Amount: $ _________________________________

Percentage of Total Contract: ____________________________ %

Certified by: MDOT and/or Prince George's County Government

Cert. No. _____________________________

6. MINORITY FIRMS TOTAL DOLLAR AMOUNT: $______________________

MINORITY FIRMS TOTAL PERCENTAGE: __________________________%

MBE Form #2 5/2004