rfp # 2014-14, audiovisual/multimedia solutions for

RFP # 2014-14, Audiovisual/Multimedia Solutions for Downsville Pike Building

DEADLINE FOR SUBMISSION OF PROPOSALS:

_September 24, 2013, at 12:00 noon Local Time

Pre-proposal meeting will be held:

September 10, 2013, 1:00 p.m. Local Time at:

Washington County Public Schools Administration Building

Auditorium 820 Commonwealth Avenue

Hagerstown, Maryland 21740 Telephone 301-766-2841

Deadline for Questions: September 12, 2013

Lisa Freeman, C.P.M., Supervisor of Purchasing and Arnold Hammann, Director of Information Management & Instructional Technology

__8__/_22___/2013

Request for Proposals RFP #2014-14, Design/Build Audiovisual //Multimedia Solutions for Administration Building Proposal Due Date: September 20, 2013

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PROCUREMENT SCHEDULE

Activity

Time/Date

Pre-proposal Conference: WCPS, Administration Building, BOE Auditorium, 820 Commonwealth Ave. Hagerstown, Maryland 21740. This meeting will be followed by a guided tour of the Downsville Pike building starting at 2:00 p.m.

1:00 PM Tuesday, September 10, 2013

Deadline to submit questions via email to [email protected] or fax: 301-766-2859 4:00 PM Friday, September 12, 2013

Answers to prospective Offers’ questions issued via final Addendum.

September 16, 2013

Final date for submission of sealed proposals to the Purchasing Department at WCPS Administration Building, 820 Commonwealth Ave., Hagerstown, Maryland 21740.

12:00 Noon, Tuesday, September 24, 2013

Presentation of Proposal /Telephone Interview to the RFP Evaluation Committee, if requested by the RFP Evaluation Committee.

September 26, 2013

A recommendation for award of the RFP is presented to the Procurement Review Committee (“PRC”) of WCPS. October 9, 2013

Upon approval by PRC, a recommendation for award is presented to the WCBOE for consideration in public business meeting.

October 15, 2013

Execution of contract and issuance of the Purchase Order October 22, 2013

Work performance period October 23 – November 30, 2013

mailto:[email protected]



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A. SPECIFIC TERMS & CONDITIONS 1. INTENT Washington County Public Schools (WCPS) is soliciting proposals to establish a contract for the design and coordination, supply and installation, integration and user- training of a cooperatively conceived, audio visual system for meeting the functional requirements and effective use of conference rooms and presentation spaces at the newly acquired WCPS Administration Building. The new Administration building, located at 10435 Downsville Pike, Hagerstown, Maryland 21740, will be occupied later this year. (The building is currently unoccupied and will undergo minor interior renovations later in the fall.) There are approximately 23 conference /meeting rooms in the building the needs of which should be addressed in the proposed design solution. The needs of certain spaces will be unique such as that of the Board of Education Auditorium and the very large meeting room on the 3rd floor. The Board of Education Auditorium at the Downsville Pike facility must be fully operational for broadcasting live television to Antietam Cable Network by November 30, 2013. It is anticipated that proposals will be submitted by Audio Visual Systems Integrators who will be responsible for the concept, design solution, provision and installation of the audio visual system(s) turnkey within the building. Enclosed are floor layout drawings of the building showing the meeting/conference rooms which should be reviewed and analyzed for purposes of making a proposal to WCPS. The proposal shall be “design-build” with the cost of the solution stated as a fixed, firm lump sum price. 2. SHIP-TO ADDRESS: Attention: Mrs. Lisa Freeman, Supervisor of Purchasing WCPS Administration Building 10435 Downsville Pike. Hagerstown, Maryland 21740 Tele. 301-766-2842 Equipment deliveries shall be made by prior appointment through Mrs. Freeman. There is a working elevator at the building suitable for use by the equipment delivery and installation personnel. 3. CONTRACT ADMINISTRATION Mrs. Lisa Freeman, Supervisor of Purchasing, or her designee, will administer this contract. Please refer all technical questions regarding these specifications to her by telephone on (301) 766-2842 or email [email protected]. 4. CONTRACT PERIOD Proposals are due by 12:00 noon Tuesday, September 24, 2013. Proposals must be submitted to the


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attention of Lisa Freeman, Supervisor of Purchasing, Purchasing Department, 820 Commonwealth Ave., Hagerstown, Maryland 21740. The intention is to place the Purchase Order with the selected company on or before October 22, 2013. Installation of the Audio Visual system shall be accomplished by November 30, 2013. 5. PRE-PROPOSAL CONFERENCE The WCPS will hold a Pre-proposal Meeting as noted in the Procurement Schedule. The purpose of this meeting is to clarify any parts of the RFP that the Offertory may not clearly understand. Offertories are to submit all questions in writing to the Supervisor of Purchasing in the Purchasing Department in accordance with instructions in paragraph to follow. 6. QUESTIONS If an Offertory has any question regarding this RFP, the Offertory must submit the questions by email or fax to the Supervisor of Purchasing (with the subject line “AV Equipment RFP Question”) to [email protected] or facsimile to: 301-766-2859 NO LATER THAN the date indicated on the Procurement Schedule. The Offertory shall not attempt to contact the WCPS by any other means. The WCPS/BOE shall not be bound by any verbal information nor shall it be bound by any written information that is not either contained within the RFP or formally issued as an addendum by the Purchasing Department. 7. RESPONSE DATE To be considered for selection, the proposal must arrive at the Purchasing Department on or before the time and date specified in the Procurement Schedule. The Supervisor of Purchasing will not accept proposals via email or facsimile transmission. Offertories who send proposals by mail or other delivery service should allow sufficient delivery time to ensure their timely receipt. If the WCPS Administration Offices are closed due to inclement weather on the proposal response date, the deadline for submission will be automatically extended to the next business day on which the Administration Offices are open, unless the Purchasing Department otherwise notifies Offertory. The hour for submission of proposals shall remain the same. The Supervisor of Purchasing will reject unopened, any late proposals. 8. OFFEROR’S REPRESENTATIONS By submitting its proposal, each Offertory understands, represents, and acknowledges that all of the Offertory’s information and representations in the proposal are material and important, and the WCBOE may rely upon the contents of the proposal in awarding the contract(s). The WCBOE shall treat any misstatement, omission or misrepresentation as fraudulent concealment of the true facts relating to the Proposal submission. 9. PROPOSAL SUBMISSION All bidders are required to submit one original and one copy of the following documents:

Two separate sealed packages as follows: PRICE PROPOSAL, consisting of the following:



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• Price Form and Addenda Acknowledgment Form • Affidavit to Bid Form (includes Certificate of Non-discrimination and Non-

collusion, etc.). TECHNICAL PROPOSAL, consisting of the following:

• Description of Proposed Services and Qualifications of Company – Indicate the level of service being proposed including but not limited to: materials, training, response time, etc.

• Preliminary Plan, to include: schedule of proposed equipment, including part numbers, quantities and unit prices. Sort equipment components by room and by item description.

• List of existing equipment to be disconnected, moved from 820 Commonwealth Avenue building and re-installed at the Downsville Pike facility.

• Manufacturer technical specifications for boards and electronic components. • References • Copy of bidder’s maintenance contract agreement and terms for the installed

equipment following expiration of the one-year warranty period. The Price Proposal will not be opened until the Technical Proposal has been read and ranked by the RFP evaluation committee. It is anticipated that technical considerations will be weighed at least as important as price in the evaluation of all offers.

10. AWARD This contract will be awarded to the lowest cost, responsive bidder, who conforms to these specifications with consideration given to the purpose for which required; the competency and responsibility of the bidder; the ability of the bidder to perform satisfactory service and the time required for delivery of services. WCBOE may reject any and all bids and re-advertise for other bids. WCBOE reserves the right to reject any bid proposal that does not contain all required forms properly completed and signed where required. Proposals must be signed by an official authorized to bind the Offertory to its provisions. Moreover, the contents of the proposal of the selected Offertory will become contractual obligations if a contract is entered into. 11. LAWS AND REGULATIONS It shall be understood and agreed that any and all articles and /or equipment furnished of contract awarded on this proposal shall comply fully with all Local, State and Federal laws and regulations. 12. INCURRING COSTS


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The WCBOE accepts no responsibility for any expense incurred in the proposal preparation and presentation, such expense is to be borne exclusively by the respondent vendors. 13. STATEMENT OF UNDERSTANDING Bidders must demonstrate that they have read and understand all outlined points in this RFP. Based upon the information provided by WCPS, offertory are expected to address each request for information with accuracy, clarity and thoroughness, taking care to properly complete and attach all required forms, demonstrating good faith and due diligence in making a responsive and responsible proposal, in compliance with the RFP instructions. Offertory who fails to respond to this RFP as prescribed will have a competitive disadvantage or subject the proposal to rejection. The WCBOE deems the performance of a vendor on a current or past contract to be of critical importance as a predictor of future performance. Therefore, in the evaluation process, companies with good performance ratings on existing or past projects will be at a decided advantage while companies with poor performance ratings will be at a decided disadvantage or be subject to disqualification altogether. 14. COLLUSION AMONG OFFERORS Multiple proposals from an individual, firm, partnership, corporation or association under the same or different names are subject to rejection unless specifically permitted in the solicitation. Reasonable grounds for believing that an offertory is interested in more than one proposal for the work contemplated may result in rejection of all proposals in which the offertory is interested. Any or all proposals will be rejected if there is any reason for believing that collusion exists among offertory. Participants in such collusion may not be considered in future proposals for the same work. Each offertory, by submitting proposal, certifies that it is not a party to any collusive action. 15. PROPOSAL WITHDRAWAL No proposal can be withdrawn after it is filed unless the offertory makes a request in writing to the WCPS Supervisor of Purchasing prior to the time set for the receipt of the proposals or unless the WCBOE fails to award or issue a notice of intent to award the contract within ninety (90) days after the date fixed for receipt of all proposals. 16. WARRANTY A. The vendor warrants to WCPS that products furnished and delivered under this contract will be NEW (not refurbished), will conform to the requirements of this RFP, be of specified quality, and shall be free from faults, and defects of any kind, including faults and defects in design, workmanship and materials. B. All items shall be new, fit for the purpose for which it is intended and of the size, capability, and materials sufficient to meet in all respects the requirements of the Purchase Order. C. Warrant the entire system to be free from defects in material and workmanship for a minimum period of one (1) year. State longer warranty period and conditions in proposal if applicable.


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D. Equipment components shall be warranted according to the manufacturer’s standard warranty if applicable beyond one year. 17. DELIVERY TERMS A. Include all handling/packing/inside delivery costs in the prices quoted. The Contracted Supplier is responsible for inside-delivery and placement and set up of system in the rooms or areas of the building according to WCPS’s approved final layout drawing/equipment plan. Changes will be authorized only by express approval of the contract administrator and not by the on-site supervisor. Wrapping and protective coatings shall remain on all items until final placement and installation. Oversized/truck freight shipments shall include the cost of off-loading and delivering inside the building. WCPS will not have personnel available to assist with off-loading a truck shipment. The building has an elevator for accessing the upper floors. 18. LIQUIDATED DAMAGES Timely delivery of the items in this RFP is very important. The Contracted Supplier shall deliver the items in accordance with the time schedule set forth in this RFP and the Purchase Order. If the vendor fails to complete the delivery on or before the date specified on the purchase order, vendor shall pay WCPS as a delay penalty $100 for each day that the shipment is delayed by the vendor. If the work is delayed beyond five (5) calendar days, WCPS may with written notice to vendor (i) terminate the whole or any part of the purchase order, (ii) or pursue other options of purchase that WCPS deems appropriate without obligation to vendor by WCPS. 19. MISCELLANEOUS A. Once the purchase order is issued, it may not be altered or changed in any way without written authorization from the purchasing supervisor. B. In the event of price line extension errors, the unit price will supersede the line or group total price. 20. CONTRACTED SUPPLIERS’ RESPONSIBILITIES A. The Board endorses the provisions of Public Law 100-690, Title V, Subtitle D (Drugs-Free Workplace Act of 1988) and Public Law 101-226 (The Drug-Free Schools and Communities Act of 1989) and regulations promulgated there under and establishes a drug-free and alcohol-free workplace and school system. B. Maryland State Law (COMAR 13A.02.04) provides that each local school system is required to maintain a tobacco-free school environment.

C. Be advised that individuals who are registered sex offenders are not eligible to work on any public school project. The contractor must initially check the Maryland Department of Public Safety & Correctional Services' MARYLAND SEX OFFENDER REGISTRY and search for the name of any employee to be assigned to work on this project. This applies to subcontractors and material/equipment Contracted Suppliers as well. For projects lasting more than a few months, the contractor shall periodically re-check the names of workers against the registry to ensure ongoing compliance. In the event that a registered sex offender is discovered


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to be working on a WCPS project, whether through employment by the prime contractor, subcontractor or equipment or material Contracted Supplier, WCPS will notify the site superintendent to immediately remove the individual from the premises and permanently terminate his work assignment. WCPS may terminate this contract as a result if the contractor is unable to demonstrate he has exercised care and diligence in the past in checking the Maryland registry. 21. EMARYLAND MARKETPLACE Effective June 1, 2008, public school systems in Maryland are required to publish notices of procurements and procurement awards on the State of Maryland’s “eMaryland Marketplace” web portal. All prospective offertory /bidders are required to register and maintain registration on eMaryland Marketplace if actively bidding public school projects. For registration requirements, visit www.ebidmarketplace.com to register and “join Maryland’s gateway” to bidding opportunities throughout the State. Awards can only be posted to registered companies. As such, award of this contract is contingent upon the Offertory being registered on eMaryland Marketplace. 22. OBJECTION TO AWARD Any company objecting to the bid procedure or the recommendation for award has five (5) business days following the date of award by the Board of Education to file a written protest with the Superintendent of Schools. It is the company’s responsibility to ascertain and confirm the date/time of the pertinent Board of Education meeting. The written appeal must be submitted on company letterhead, dated and signed by the senior officer in the company. The protest letter must include a request for review and ruling by WCPS, a detailed statement of the legal and factual grounds for the protest, including the resulting prejudice to the company, copies of relevant documents, and a statement of the form of relief being requested. Failure to comply with these instructions may result in the protest being deemed “not filed.” Bid protests received later than five (5) days after the Board Meeting will result in the protest being deemed “not timely.” The WCPS will not respond or address bid protests that do not conform to these instructions. 23. ELECTRONIC RFP This RFP is being made available by electronic means to expedite the Proposal submittal process. If a Bidder electronically accepts this document, they acknowledge and accept full responsibility to ensure that no changes are made to this RFP. In the event of a conflict between a version of the RFP in the Bidder’s possession and the Purchasing Department’s version of the RFP, the document held by the Purchasing Department shall govern. 24. ADDENDA If it becomes necessary to revise any part of this request, or if additional data is necessary to enable the exact interpretation of provision of this request, revisions will be provided to all firms who receive the initial RFP document from WCPS. 25. CLARIFICATION OF PROPOSALS After identifying the most qualified offers based on the evaluation criteria, the company representative may be required to clarify the proposal by making an individual presentation to the evaluation team. Price

http://www.ebidmarketplace.com/


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proposals should be submitted as “best and final” offers. WCPS evaluation team will review the technical submission first and rank the proposals according to standard criteria. Technical proposals which are incomplete or lack sufficient detail for evaluation will not advance to pricing. In such cases, the price proposal will be removed from further consideration and the envelope returned to the bidder unopened. However, WCPS may enter into negotiations with a company where a change in the originally proposed services is being considered, if deemed to be in the best interest of WCPS. Such a change would also be discussed with other finalist bidders, where applicable, based on the content of the proposal. Negotiations may be in the form of face-to-face, telephone, facsimile, email or written communications, or any combination thereof, at WCPS’ discretion. 26. CONFIDENTIALITY Bidders should give specific attention to the identification of those portions of their proposal which they deem to be confidential, or to contain proprietary or business confidential information. Bidders must provide with the proposal the legal basis as to why such material, upon request, should not be disclosed by the school system under the Maryland Public Information Act, State Government Article, Section 10-611 through 628, Annotated Code of Maryland. Failure to comply will result in the release of this information to the public in accordance with the law. Pricing and other contents of the Proposals will not be released to the public until a final decision is made by the Board of Education. 27. ECONOMY OF PREPARATION The proposal should be prepared simply and economically, providing straightforward, concise delineation of the bidder’s capabilities to satisfy the requirements of this RFP. Fancy bindings, colored displays and promotional material are unnecessary. However, technical literature about the bidder’s experience and qualifications may be included. Emphasis should be on completeness and clarity. 28. TAXPAYER ID NUMBER Each bidder, whether an individual, proprietor, partnership or a non-profit corporation or organization must obtain, complete and include, with the proposal submitted, an Internal Revenue Service Form W-9, "Request for Taxpayer Identification Number and Certification". 29. ORAL INSTRUCTIONS If a bidder is in doubt as to the true meaning or intent of any part of the Request for Proposals (“RFP”), he/she may submit to the WCPS designee a written request for an interpretation or a correction thereof. Interpretation or correction of the RFP shall be made only by the Supervisor of Purchasing or her designee. All timely requests for information submitted in writing will receive a written response in addenda to this RFP from the WCPS. Telephone communications with WCPS staff are not permitted during the bidding process and any such oral communication shall not be binding between the parties or used as the basis of any objection to this procurement process. 30. INVESTIGATION OF OFFEROR The WCPS reserves the right to request additional information which, in the Supervisor of Purchasing’s opinion, is necessary to assure that the Offertory’s competence, number of qualified employees, business organization, and financial resources are adequate to perform this project according to the


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requirements. The WCPS may make investigations as deemed necessary to determine the ability of the Offertory to perform the Project, and the Offertory shall furnish to the Purchasing Department all requested information and data. The Supervisor of Purchasing reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Offertory fails to satisfy the WCPS that such Offertory is properly qualified to carry out the obligations of the contract and to complete all aspects of the project in the time and manner required. 31. CONTRACT TERMS AND CONDITIONS A. See enclosed standard “Professional Services Agreement” which will serve as the form of contract between the parties. In addition, it is expected that any contract(s) resulting from this RFP solicitation will incorporate by reference the following terms and conditions. If the proposer has an objection to any of these terms, the proposer must note the requested exception in its Proposal. If a proposer fails to note the exception, in neglecting to inform WCPS accordingly, the proposer is waiving its right to do so later. B. If any conflicts or discrepancies should arise in the terms and conditions of this Contract, or the interpretation thereof, the order of precedence shall be: a. The Contract; then b. The proposal, as accepted by the WCPS; and then c. The RFP Solicitation Document and Addenda d. Purchase Order C. The Contractor shall perform at the price(s) quoted in the Contract. All products and services shall be performed within the time period(s) specified in the Contract. The Contractor shall be compensated only for items supplied and performed to the satisfaction of the WCPS. D. The rights and remedies of the WCPS provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. E. It is unlawful for any officer, employee or agent of the Washington County Public Schools to participate personally in his/her official capacity through decision, approval, disapproval, recommendation, advice or investigation in any contract or other matter in which he/she, his/her spouse, parent, minor child, brother or sister, has a financial interest; or to which any firm, corporation, association, or other organization in which he/she has a financial interest; or in which he/she is serving as an officer, director, trustee, partner, or employee; or any person or organization with whom he/she is negotiating or has any arrangement concerning prospective employment; is a party, unless such officer, employee, or agent has previously complied with the provisions of Maryland Annotated Code, Article 40A, SS1-101 et. seq. The successful bidder agrees that during the term of the Contract and for twenty-four (24) months following the exit conference, the successful bidder, its employees, agents and representatives, shall not, with or without compensation, on behalf of the successful bidder, or another person, entity, or corporation, take any action in connection or receive any benefit with any specific


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matter, finding or recommendation associated in any way with this project, except with the express written consent of the WCPS. 32. RIDER CLAUSE It is the intent of Washington County Public Schools to make any resulting contract available upon request to other governmental and educational agencies within the State of Maryland. This shall include public schools, private schools, parochial schools and/or state, community and private colleges within the State of Maryland. Any resulting agreement would be governed by the same terms and conditions. Other agency using the contract would enter into its own agreement with the contractor and this contract shall be binding only upon the parties signing such an agreement. 33. SUBCONTRACTS Bidders are required to disclose in the bid proposal the name of any subcontractor they intend to employ in performance of this project. The contractor shall remain responsible and fully liable for any/all work completed by their subcontractor(s.) The WCPS will, throughout the life of this Agreement, have the right of reasonable rejection and prior approval of staff or subcontractors assigned to the project. If the WCPS reasonably rejects the staff or subcontractor, the Contractor must provide replacement staff or subcontractor satisfactory to the WCPS in a timely manner and at no additional cost to WCPS. The day-to-day supervision and control of the Contractor’s employees or agents shall be the sole responsibility of the Contractor.

34. MARYLAND TAX REGISTRATION Corporations not incorporated in the State shall be registered with the State Department of Assessments and Taxation, before doing any interstate or foreign business in this State. A foreign corporation shall qualify with the Department of Assessments and Taxation.

35. INSURANCE REQUIREMENTS Refer to the standard Professional Services Agreement. Insurance coverage shall unconditionally designate the Board of Education of Washington County as an additional insured party and must be maintained through the contract performance period.

36. OCCUPIED BUILDINGS For part of the engagement, work under this resultant contract will take place while the administration building is being occupied by students and staff. Employees and agents of contractor shall conduct themselves in a professional manner while on the premises. Any such person found to disregard the nature of the school system’s surroundings shall be removed from the premises.

37. CHANGES At any time during the performance of the Contract, the WCPS or the Contractor may request a change to the Contract. Contractor will make reasonable efforts to investigate the impact of the change request on the price, timetable, specifications, and other terms and conditions of the Contract. If the WCBOE is the requestor of the change, the Contractor will inform the WCBOE if there will be any charges for the


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Contractor’s services in investigating the change request prior to incurring such charges. If the WCBOE and the Contractor agree on the results of the investigation and any necessary amendments to the Contract, the Contract will be modified to take into account the agreed changes and the change will be implemented. Changes outside the scope of this Contract shall be accomplished through the WCBOE’s normal procurement procedures, and may result in an amended Contract or a new contract. No payment will be made for services outside of the scope of the Contract for which no amendment has been executed, prior to the provision of the services.

38. Evaluation Criteria

CRITERION Maximum Possible Points

Price Offer /Cost 50 Quality of work plan submitted 20 Firm and personnel experience on similar assignments 15

Acceptance of the Terms and Conditions 10 References 5 100


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PROPOSAL FORM I/We agree to design, build/furnish, deliver, install, integrate, test, warrant, train and technically support, for the prices listed below, a complete Audiovisual/Multimedia Solution for the 19 meeting/conference rooms of the Administration Building on Downsville Pike in Hagerstown, Maryland, including all necessary equipment, software, cables, labor, tools etc. according to the project specifications and as described within the accompanying Proposal. I/we have read the RFP instructions and have familiarized ourselves with the project conditions, and all needed clarifications and questions have been satisfactorily answered prior to submitting this proposal. Offertory should not include any assumptions in the Prices quoted. All questions should be directed in writing to the supervisor of Purchasing per the RFP instructions prior to bidding. The price shall be complete and turnkey, representing the bidder’s guaranteed maximum price to WCPS for the technical design/plan proposed in our accompanying Technical Proposal, and subject only to changes requested through finalization of the design plan, for the following price: $_____________________________________________Lump Sum (Amount in Numbers) ____________________________________________________________________________________. (Amount in Words) ADDITION AMOUNT TO UPGRADE TO VIDEO WALL/EXTRA LARGE DISPLAY PANEL SYSTEM IN CONFERENCE ROOM: ADD: $_____________________________________________Lump Sum (Amount in Numbers) ____________________________________________________________________________________. (Amount in Words) SUBCONTRACTORS AND TRADES (if Applicable):

______________________________________________________________________________________

______________________________________________________________________________________

________________________________________________________________________________


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ANNUAL MAINTENANCE CONTRACT ADD $__________________________Lump Sum (Amount in Numbers) ____________________________________________________________________________________. (Amount in Words) I/We the bidder understand that the WCBOE reserves the right to reject any or all bids and to waive any informalities in the bidding, and that the Board of Education may reject any bid. Additionally, I/we agree that this bid may not be withdrawn for a minimum period of ninety (90) calendar days after the scheduled closing time for receiving bids, and that the undersigned by notification of acceptance of this proposal, shall immediately begin preparations for undertaking the work in a timely manner as required. Enclosed is a completed BID PROPOSAL AFFIDAVIT FORM which we understand is mandatory in order for the bid to be considered for the award. I/we have read the solicitation and proposed contract and governing conditions. Upon written notice of acceptance of this bid, I/we agree to execute the formal contract within 10 days after it is received.

Respectfully submitted, By ______________________________________ (Signature) _________________________________________ (Title) _________________________________________ (Date) _________________________________________ (Business Address) _________________________________________ (Phone) _________________________________________ (Fax)

(SEAL) If bid is by Corporation ________________________________________________________________________________


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SUBSCRIBED AND SWORN to before me, a Notary Public in the State of ___________________, County of

_____________________ City of _______________________ this _________________ day of

___________________, 20___.

Commission Expires: __________________________________________

NOTICE: The Washington County Board of Education reserves the right to decline to award any or none of the bids due to budgetary constraints.


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PROJECT SPECIFICATIONS Refer to the enclosed drawings showing rooms, sizes and locations for guidance in establishing the space needs. All bidders are strongly encouraged to submit a proposal which utilizes the existing television production and presentation equipment currently in use at the WCBOE Administration Building at 820 Commonwealth Avenue.

I. Meeting /Conference Rooms:

Ground Floor Classroom 1 Classroom 2 Conference Room at stairs w/Video 1st Floor Main Lobby – Monitor display Individual Meeting Room 1 (Small) Next to Main Lobby Individual Meeting Room 2 (Small) Next to Main Lobby Meeting Room 1 (Next to Cafeteria) Presentation set up Meeting Room 2 (Next to Meeting Room 1) Presentation set up H.R. Conference room 1 (In office suite) panel system H.R. Conference room 2 (in office suite) panel system Meeting room (next to Main Lobby) Board Auditorium - Repurpose equipment from 820 Commonwealth for here or elsewhere. Conference Room (Center Core across from Board Auditorium)- The Board of Education Auditorium at the Downsville Pike facility must be fully operational for broadcasting live television to Antietam Cable Network by November 30, 2013. Board Conference Room- Wall mount flat screen large, hard wired w/built in pc Cafeteria -video wall 2nd Floor Conference Room (center core) Conference Room (east side across stairwell) 3rd Floor Dr. Wilcox’s Conference Room South Conference Room (Room 312) Conference Room (Room 302) Conference Room (“N”) Conference Room (“BB”) Large Meeting Room Conference Room (North) Grand Total: 23 Rooms

ii. Scope of Work:


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The contractor shall perform the following services and work as required to provide the Audiovisual/Multimedia Solution at the Administration Building on Downsville Pike:

1. Finalize proposed Facility Needs Analysis- including the evaluation of needs of user groups within the spaces. The determination of the solution should take into account the room type/use; room size; light conditions; ideal viewing distance; modularity; environmental conditions; clearances; access to utility connections; sound; and other conditions of the spaces which contribute to the productive use of the spaces.

2. Work with WCPS and the architect to provide design input in related areas such as telecommunications, security, acoustics, etc.

3. Provide practical, advice and hands-on experience in assembling and troubleshooting complex equipment under real work field conditions.

4. Design and implement multimedia systems of the appropriate type, size and cost for meeting WCPS’ functional performance requirements of such systems for the next three years and possibly beyond into the future.

5. Provide all equipment and accessories for a complete solution. The needs of each room identified above must be addressed in the design plan.

6. Pre-installation – install racks of equipment, projectors, monitors, microphones, speakers, control panels, etc.

7. After installation of equipment, participate during the testing phase to include the use of appropriate measuring instrumentation, to establish that both specific technical criteria, as well as general operational implementation, have been achieved.

8. Once installed, a period of several weeks is set aside for shakedown and training. Shakedown refers to the process of discovering any inconsistencies or operational problems which inevitably crop up. The bidder is responsible for remediation of issues before the system is commissioned or use by WCPS.

9. Produce instruction manuals for all the equipment, and provide user training including some train-the-trainer candidates.

10. Scope of work includes: design, installation, training, support, and maintenance to furnish the identified meeting /conference rooms with audiovisual /multimedia systems.

11. Proposals shall incorporate any serviceable audiovisual equipment currently in use at the 820 Commonwealth Avenue, Administration Building, into the design plan. WCPS has a Crestor control system which must be evaluated for re-use at Downsville Pike.

12. Schedule and coordinate all necessary inspections. 13. Coordinate with all affected utilities prior to the work starting. 14. Obtain all temporary utility feeds and permits. 15. All premium time/costs necessary to meet the performance period deadline of November 30,

2013 shall be included in the proposal. 16. Include all layout and field engineering required for the performance of the work. 17. Provide as-built information marked up on a set of drawings in print or PDF form for WCPS’

records. 18. All clean up associated with the contractor’s work. Site is to remain free of debris during the


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construction process. 19. Provide on-site service at no cost for six months after final installation. 20. Provide on-site training of a minimum of ten (10) individuals.

III. Audiovisual System – Performance Specification

1. System must be able to utilize both analog and digital video sources 2. System must be able to connect video and audio feeds from the Board Auditorium or Large

Conference Room to other meeting rooms. 3. Ability to interface outside computers, iPads, iPhones, etc. to the system for presentation and

control purposes. 4. High lumen projectors with ceiling mount or carts where recommended by consultant. 5. Motorized 144” or larger diagonal project panel/screen w/remote control for Board Auditorium. 6. Minimum quantity five (5) 70” diagonal commercial monitors/display panels in the design plan. 7. Wired digital touch screen control system capable of controlling all audio/video/computer

inputs. (Existing broadcasting controls need to be upgraded to digital format.) 8. Extra inputs on switchers for future audiovisual additions. 9. Panel design and programming of control system. 10. Remote auxiliary wall input station to connect computer and /or audio/video sources. 11. Wireless lapel microphones 12. Must have the ability to send independent video signals to each video monitoring source or the

same signal to all sources at one time. 13. Provide all cabling, connectors, adaptors, interfaces, mounting brackets, and rack enclosures

needed for the installation of the system. 14. Provide design and installation of all equipment running of all cables, connection and function

testing, and certification of the completed system. 15. All equipment must be rated above average grade in quality and carry the full manufacturer

warranty. The contractor shall apply for all manufacturer warranties on WCPS’ behalf. 16. The design plan must adequately provide in each room display/collaboration capability tools;

inputs; audio; controls and conferencing, appropriately appointed and sized for the rooms. 17. WCPS is interested in touch screen LCD technology for simplification of commands. 18. WCPS is interested in video wall or extra large display panel systems allowing for viewing

multiple displays at once or a full panel display. Enhancements to the proposal should be priced as add-on options to the lump sum total bid. The preferred location of the video wall system is the Cafeteria or the Conference Room on the ground floor.


19

PROFESSIONAL SERVICE AGREEMENT BETWEEN

WASHINGTON COUNTY BOARD OF EDUCATION AND

___________________________

THIS AGREEMENT is made this 23th day of October, 2013, by and between the Washington

County Board of Education (“the Board”), and ________________the “Consultant”).

WHEREAS, the Washington County Board of Education needs the technical assistance of

Consultant with regard to providing Audiovisual Solutions and System for the Administration

Building and;

WHEREAS, Consultant possesses the necessary experience, skills, and talent to assist the

Board in providing such services.

NOW, THEREFORE, the parties agree as follow:

1. Term. This Agreement shall be for a term beginning October 23, 2013 and, unless

sooner terminated as provided in this Agreement, expiring on November 30, 2013, the

contract performance period.

2. Services. During the term of this Agreement Consultant shall provide the services which

are set forth in Attachment I, entitled Scope of Services, which is a part of this Agreement.

Such services are to be provided in coordination with the Washington County Board of

Education’s Information Management and Instructional Technology Department.

3. Payment. The Board agrees to pay Consultant and Consultant agrees to accept, as full

compensation for Consultant’s services under this Agreement, an amount $_____________

for consulting services, and not to exceed $_____________ for audio visual solution. The

budget allocation for these services is based upon the description as provided in RFP#2014-

14, Design/Build Audiovisual /Multi-media Solution. Consultant shall submit an invoice on


20

detailing the services provided and the actual costs incurred. Payment shall be made

within 30 days after the date of submission of an invoice and, its approval by the Board’s

Contract Monitor.

4. Accounts and Records. Consultant shall provide the following reports: Quarterly Software

Development Report detailing the project. These reports shall be in the format requested

by the Contract Monitor. All such reports become the property of the Washington County

Board of Education. Consultant shall retain copies of reports for one year and make the

same available to the Board upon request.

5. Independent Contractor. The Board and Consultant recognize and agree that Consultant is

an independent contractor, and that neither Consultant nor any of Consultant’s employees

or agents is employees of the Board.

6. Subcontract or Assignment. Consultant shall not subcontract or assign any part of this

Agreement without the prior written consent of the Board.

7. Indemnification. The Consultant shall indemnify, defend, and hold harmless the Board and

its respective elected/appointed officials, employees, departments, agencies, agents and

volunteers from any and all claims, demands, suits, and actions, including attorney’s fees,

litigation expenses and court costs, connected therewith, brought against the Board and

their respective elected/appointed officials, employees, departments, agencies, agents,

and volunteers, arising as a result of any direct or indirect, willful, or negligent act or

omission of the Consultant or its employees, agents, or volunteers.

8. Insurance. The Consultant shall procure and keep in force the following required insurance

coverage:

A. Commercial General Liability Insurance at limits of not less than One Million

Dollars ($1,000,000) per occurrence for claims arising out of bodily injuries or

death, and property damages, subject to a minimum limit of Three Million Dollars


21

($3,000,000) aggregate. Such insurance shall include contractual liability

insurance.

B. Business Automobile Liability at limits of not less than One Million Dollars

($1,000,000) per occurrence for all claims arising out of bodily injuries or death

and property damages. The insurance shall apply to any owned, non-owned,

leased, or hired automobiles used in the performance of this Agreement.

C. Workers’ Compensation coverage as required by the State of Maryland, as well as

any similar coverage required for this work by applicable Federal or “other

state’s” state law.

D. Consultant shall, at all times, maintain and keep in force Professional Liability,

Errors, and Omissions Insurance at a limit of not less than One Million Dollars

($1,000,000) in the event the service delivered pursuant to this Agreement, either

directly or indirectly, involves or requires professional services. “Professional

Services” for the purpose of this Agreement shall mean any services provided by a

licensed professional such as those provided by the Consultant.

E. The Board and its elected/appointed officials, employees, departments, agencies,

agents and volunteers shall be covered, by endorsement, as additional insured

parties with respect to liability arising out of activities performed or to be

performed by or on behalf of the Consultant.

9. Responsibility for payment of taxes. Consultant shall be responsible for all federal, state,

and local taxes, as well as Social Security liability self-employment taxes that may result

from the performance of and compensation for these services. Board assumes no

responsibility for the payment of any compensation, wages, benefits, or taxes by, or on

behalf of Consultant, its employees and/or others by reason of this Agreement. Consultant

shall defend, indemnify and save harmless the Board, its officials, officers, agents, and


22

employees from and against any and all claims, costs, and/or losses whatsoever occurring

or resulting from:

A. Consultant’s failure to pay any such compensation, wages, benefits, or taxes;

and/or

B. The supplying to Consultant of work, services, materials, or supplies in connection

with or in support of the performance of this Agreement

The Board will furnish the consultant with a Form 1099 no later than January 31 of each

year for payments made by the Board to the Consultant during the preceding calendar

year.

10. Responsibility for Payment of Workers Compensation. Consultant shall be responsible for

payment of all Workers Compensation premiums that may result from performance of and

compensation for these services, including services provide by students selected to work

for Consultant.

11. Criminal Background Check.

A. It is the responsibility of Consultant to make certain, through a criminal

background check, that its employees, agents, volunteers, and contractors who

may have contact with students are in compliance with Title 5, Subtitle 5, Part VI,

of the Family Law Article of the Maryland Code and have not been convicted of

nor have pending charges for the commission of or attempt to commit Murder,

Child Abuse, Rape, Child Pornography, Child Abduction, Kidnapping of a Child or

Sexual Offense as defined by Article 27, Subsection 464, 464A and 464C of the

Annotated Code of Maryland. All costs for conducting a criminal background

check shall be borne by Consultant. The Consultant and its employees, agents

and volunteers shall also be free of tuberculosis.


23

B. In accordance with the State of Maryland’s Criminal Procedure Article, Section 11-

722, a person who enters into an agreement with a local board of education may

not knowingly employ an individual to work at a school if the individual is a

registered sex offender. Therefore, in contract awards between the Washington

Board of Education and vendors/contractors and their subcontractors at every

tier, employing an individual registered sex offender to work at a school is strictly

prohibited. This provision applies to all individuals that may be working on the

school property, making deliveries or visiting the school property for business

purposes.

12. Compliance with Laws. Consultant shall comply with all federal, state, and local laws,

statutes, ordinances, rules, and regulations applicable to the services to be rendered under

this Agreement. Notwithstanding the provisions of Section 14, Consultant’s violation of

any of these laws, statutes, ordinances, rules, or regulations constitutes a breach of this

Agreement and entitles the Board to terminate this Agreement immediately upon delivery

of written notice of termination to Consultant.

13. Termination for Convenience. This agreement may be terminated by the Board, without

any liability, upon five (5) days prior written notice to the Consultant, provided that

Consultant shall be compensated for services rendered prior to the date of termination.

Consultant is not entitled to any anticipatory profits.

14. Performance Evaluation. The Board or its authorized agent or representative may conduct

an evaluation of the Consultant’s performance under this agreement. Consultant shall fully

cooperate with the Board or its authorized agent or representative and shall provide such

information and documents as may be requested to conduct the performance evaluation.

15. Governing Law. This Agreement shall be construed by and governed under the laws of the

State of Maryland.


24

16. Entire Agreement. This Agreement supersedes all prior oral and written proposals and

communications between Consultant and the Board related to Consultant’s services to be

performed and validly executed Amendments are herein incorporated by reference to this

Agreement. This Agreement may not be modified orally, and no modification or any

claimed waiver of any of the provisions hereof shall be binding unless in writing and signed

by the party against whom enforcement of such modification or waiver is sought.

17. Waiver. No waiver of any breach of any provision of the Agreement shall operate as a

waiver of such provision of this Agreement or as a waiver of subsequent or other breaches

of the same or any other provision of this Agreement, nor shall any action or non-action by

either party be construed as a waiver of any provisions of this Agreement or of any breach

thereof unless the same has been expressly declared or recognized as a waiver by such

party in writing.

18. Contract Monitor. Communications for the purposes of billing, payment, and submission

of documentation required by this Agreement shall be between the Contract Monitors who

are as follows:

For the Board: For Consultant:

Arnold Hammann

Name Name

Director of Info. Mgmt. & Tech.

Title Address

820 Commonwealth Ave.

Address City, State, Zip Code

Hagerstown, MD 21740


25

City, State, Zip Code Phone Number

301-766-2949 Email

Phone Number Fax Number

[email protected]

eMail Address Tax Identification Number/SS#

IN WITNESS WHEREOF, the parties have signed and sealed this Agreement as of the day

first written above.

For the Consultant

Signature/Authorized Agent Date

Printed/Typed Name

Approved by the Superintendent*

Signature Date

Clayton Wilcox, Ed.D., Superintendent


26

Approved for Legal Form and Sufficiency

Chief Legal Counsel Date

*This contract is not valid and binding upon the Board of Education until

approved by the Superintendent of Schools.


27

REFERENCES Provide the names of at least three (3) similar organizations, with emphasis on public education grades K-12, where Offertory currently provides the same or similar services. NAME OF CUSTOMER ______________________________________________

ADDRESS ______________________________________________

PHONE NUMBER ______________________________________________

PERSON TO CONTACT ______________________________________________

PROJECT SUMMARY ______________________________________________

______________________________________________

______________________________________________

NAME OF CUSTOMER ______________________________________________

ADDRESS ______________________________________________

PHONE NUMBER ______________________________________________


PROJECT SUMMARY ______________________________________________

______________________________________________

______________________________________________

NAME OF CUSTOMER ______________________________________________

ADDRESS ______________________________________________

PHONE NUMBER ______________________________________________


PROJECT SUMMARY ______________________________________________

______________________________________________

______________________________________________


28

WASHINGTON COUNTY PUBLIC SCHOOLS

820 Commonwealth Avenue, Hagerstown, Maryland 21740

GENERAL CONDITIONS (SUPPLIES AND EQUIPMENT)

Any Contract awarded as the result of any Solicitation for bids to furnish

supplies, equipment or services to the Washington County Public Schools

shall include, in whole or in part, either attached or incorporated by

reference, binding in all respects, these provisions.

As used throughout these provisions, and throughout any matter relevant to

any Solicitation, the word shall is imperative.

I. ORDER OF PRECEDENCE:

A. In the event of an inconsistency between provisions of this So-

licitation, the inconsistency shall be resolved by giving prece-

dence in the following order. First — Proposal Sheet; Second —

The Specifications, Terms and Conditions; Third —Drawings or

Other Addenda, Whether Incorporated by Reference or

Otherwise; Fourth—General Conditions; and Fifth — Instructions

to Bidders.

II. DEFAULT:

A. The Washington County Public Schools may, by written notice of

default to the supplier, terminate the whole or any part of the

Contract in any one of the following circumstances:

1. If the supplier fails to make delivery of the supplies exactly as

specified or perform the services within the time specified

herein or any approved written extension thereof, or

2. If the supplier fails to perform any of the other provisions of this

Contract or so fails to make progress as to endanger perfor-

mance of this Contract in accordance with its terms, and in

either of these two circumstances does not correct such failure

within a reasonable period of time (as mutually agreed upon

and authorized in writing by the Purchasing Department).

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, contents of pack, work processes or otherwise,

without specific authorization in the form of contract amend-

ment, or

4. If a determination is made by the Washington County Public

Schools that the obtaining of the Contract was influenced by an

employee of the Washington County Public Schools having

received a gratuity, or promise thereof, in any way or form.

B. In the event the Washington County Public Schools terminate this

Contract in whole or in part, the Washington County Public

Schools will resort to Section I — Instructions to Bidders, Para-

graph VI as applicable.

III. COVENANT AGAINST CONTINGENT FEES:

The bidder warrants that no person or selling agency has been

employed or retained to solicit or secure the Contract upon an

agreement of understanding for a commission or percentage, bro-

kerage, or contingent fee, excepting bona fide employees or bona fide

established commercial or selling agencies maintained by the bidder

for the purpose of securing business. For breach or violation of this

warrantee the Washington County Public Schools shall have the right

to annul the Contract without liability or at its discretion to deduct from

the contract price or otherwise recover the full amount of such

commission, percentage, brokerage or contingent fee.

IV. DAMAGE TO PROPERTY:

The supplier in the performance of this Contract will be held pecuniarily

responsible for any damage to grounds, buildings or equipment,

caused by him, his subcontractor or employees or other persons

engaged in the performance of the Contract.

V. LAWS AND PERMITS:

In the performance of this Contract the supplier is required to comply

with all applicable Federal, State, and Local Laws, ordinances, codes

and regulations. The costs of permits, insurances (See Instructions to

Bidder VI.E.), taxes and other relevant costs required in the

performance of the Contract shall be borne by the Supplier.

VI. PATENTS:

The supplier shall hold free of any liability, the Washington County

Public Schools, its officers and employees, of any costs or expenses

arising from patent infringement incurred by use of any item supplied or

process used in performance of this Contract.

VII. NEW ITEMS:

All items furnished against the Contract must be new and unused,

latest models (unless otherwise specified) and free of all defects. The

foregoing excepts exchange, normal "rebuild" items, where specified.

VIII. COMMERCIAL WARRANTEE:

The supplier agrees that the supplies or services furnished under the

Contract shall be covered by that most favorable commercial

warranties the supplier gives to any customer for such supplies or

services and that the rights and remedies provided herein are in

addition to and do not limit any rights afforded to the Washington

County Public Schools by any other causes of the Contract.

IX. REGIONAL USE OF CONTRACT:

Unless specifically prohibited by the bidder in his bid, the following

activities within Washington County Public Schools shall have the

option to order from the Contract: County Office, Offices of Other

Municipal Governments, Community College.

X. INSPECTION/ACCEPTANCE:

A. The delivery of goods or items furnished under the terms of the

Contract shall not be considered as acceptance thereof until said

Washington County Public Schools or other Ordering Office of any

supplies or lots thereof does not relieve the supplier from any

responsibility regarding defects or other failures to meet the contract

requirements which may be discovered subsequent to delivery.

Except as otherwise provided in the Contract, acceptance shall be

conclusive except as regards latent defects, fraud, or such gross

mistakes as amount to fraud.

B. Any items to be supplied as a result of this Contract shall be subject

to inspection and test by the Ordering Office, to the extent practicable, at all times and places including the period of manufacture and in any event prior to acceptance.

C. In case any item or lots of items are found to be defective in material or

workmanship or otherwise not in conformity with the requirements of

the Contract, the Ordering Office shall have the right to either reject

them (with or without instructions as to their disposition) or to require

their correction. Items or lots of items which have been rejected or

required to be corrected shall be removed or, if required by the

Ordering Office as they may deem appropriate, corrected in place by

and at the expense of the supplier promptly after notice, and shall not

thereafter be tendered for acceptance unless the former rejection of

requirement or correction is disclosed. If the supplier fails to promptly

remove such items or lots of items which are required to be removed,

or promptly to replace or correct such items or lots of items, the

Washington County Public Schools either; (1) may by Contract or

otherwise, replace or correct such items and charge to the supplier the

cost occasioned the Washington County Public Schools thereby, or (2)

may terminate the Contract for default as provided in these General

Conditions — Paragraph II. — Default.

D. Acceptance or rejection of any items shall be made as promptly as

practicable after delivery, except as otherwise provided in the Contract;

but failure to inspect and accept or reject items shall neither relieve the

supplier from responsibility for such items as are not In accordance

with the Contract requirements nor impose liability on the Washington

County Public Schools thereof.

E. The Ordering Office will inform the supplier of any rejected delivery and

require its immediate removal at the supplier’s expense.

F. Neither the Washington County Public Schools nor other Ordering

Office will assume responsibility for damage to any rejected delivery

caused by weather, improper warehousing or mishandling.

XI. ORDERING:

A. Items or services to be furnished under the contract will be ordered by

the issuance of a Purchase Order signed by the Supervisor of

Purchasing, or his authorized representative, or by a person authorized

in the case of orders placed by the Community College, other offices of

the County or other Municipal Governments within Washington County.

XII. PACKAGING AND DELIVERY:

A. All outer packs of items delivered under the Contract (except

subsistence items delivered to cafeterias) must be marked with the

Purchase Order/Contract number and item identification. Failure to

provide adequate identifying markings may result in refusal of the

delivery.

B. Unless otherwise stated, all prices include delivery and placement

within the ship to address in that area specified in the Contract.

C. Collect shipments will not be accepted. XIII. INVOICES:

A. All invoices for orders placed by the Washington County Public

Schools must be submitted to the Accounting Office, Washington

County Public Schools, 820 Commonwealth Avenue, Hagerstown,

Maryland, 21740. Invoices must be completely identifiable,

supported by delivery receipts only where specified, and contain the

following minimum information.

1. Purchase order/contract number.

2. Delivery destination as it appears on the purchase order.

3. Contract item number, quantity and description of item billed.

4. Unit price and extended price for each item.

5. Total amount of invoice.

6. Any prompt payment discount offered.

B. Invoices for items ordered by the Community College, the County or

other Municipal Government Offices will be rendered in accordance with procedures prescribed by that respective Ordering Office.

XIV. NON DISCRIMINATION:

The bidder, by the submission of this bid agrees as a supplier of

goods, materials, equipment or services covered by this bid or contract

that he will not discriminate in the employment in any way against any

person or persons or refuse to continue the employment of any person

or persons because of their race, creed, color, sex or national origin,

age or handicap.

XV. SUPPLIER CLEAN-UP:

All debris resulting from the supplier’s delivery and installation shall be

disposed of entirely by the supplier at the end of each working day in

an efficient and expeditious manner as required and directed by the

Washington County Public School’s Purchasing Department.

WASHINGTON COUNTY PUBLIC SCHOOLS 820 Commonwealth Avenue – Hagerstown, Maryland 21740

INSTRUCTIONS TO BIDDERS

(Installation) I. PREPARATION:

A. One (1) complete set of the Invitation for Bid, includes: Instructions to Bidders; General Conditions, the Specifications, Terms and Conditions; Proposal Sheet. An original and 1 copy of the Proposal Sheet along with any requested documentation must be returned by or before the Bid Opening date and time, as stated in the Invitation To Bid, (1) to the Purchasing Department of Washington County Public Schools (hereinafter referred to as the “WCPS”), (2) with all questions answered, if applicable, (3) with copy signed, and (4) enclosed in a sealed envelope with Bidder’s name, bid number and date and time of return of the bid, appearing in the lower left corner of the outer envelope. B. The remaining documents consisting of all pages of the Invitation for Bid, the General Conditions, any plans, drawings or extraneous matter are to be retained by the bidder and will form part of any Contract resulting from the Solicitation. C. It is the bidder’s responsibility to examine and understand all parts of the Solicitation including all parts of the General Conditions, any addenda, drawings or referenced matter. D. Any clarification or explanation desired by the bidder, regarding the meaning or interpretation of the Solicitation, or any part thereof, must be made to the WCPS Purchasing Division allowing sufficient time, if required, for a reply to reach all prospective bidders before the time and date scheduled for the return of bids. II. WITHDRAWAL OF BID: A. Bid may be withdrawn before the scheduled time for opening bid by written notification to the WCPS Purchasing Department. Telephone calls for this purpose are not acceptable. III. ERRORS IN BIDS/EXAMINATION OF SITE:

A. Failure of the bidder to thoroughly understand all aspects of the Solicitation before submitting his bid will not act as an excuse to permit withdrawal of this bid more secure relief on plea of error. B. GENERALLY, NEITHER LAW NOR REGULATION MAKE ALLOWANCE FOR NEGLIGENT ERRORS EITHER/OR OMISSION OR COMMISSION ON THE PART OF THE BIDDERS. C. Each bidder shall visit the site of the proposed work and fully acquaint himself with conditions as they exist, so that he may fully understand the facilities, difficulties and restrictions attending the work under his contract. Bidders shall also thoroughly examine and be familiar with the specifications and descriptions. The failure or omission of any bidder to receive or examine any form, instrument or document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve any bidder from any obligation with respect to this bid. By submitting a bid the bidder agrees that he has examined the site and the specifications, the description, and where the specifications required, in any part of the work, a given result is to be produced, that the specifications and description are adequate and the required result can be produced under the specifications and description. No claims for any extra will be allowed because of alleged impossibilities in the production of the results, specified, or because of inadequate or improper plans or specifications, and whenever a result is required, the successful bidder shall furnish any and all extras and make any changes needed to produce, to the satisfaction of the WCPS, the required results.

IV. TRADE DISCOUNT: A. All prices offered must be lowest net price after trade discounts have been considered. Bids offering a percentage off list prices will not be accepted unless: (1) sp ecifically requested in that manner and (2) a copy of the referenced price list accompanies the bid. B. Cash discounts will not be taken into consideration in determining an award. V. TAXES: A. Since WCPS is exempt, prices quoted shall not include Federal Excise taxes or State or Local Sales or Use taxes. Exemption numbers are: Sales: 30001292 Excise: 52-6001035 VI. SURETY AND INSURANCE:

In accordance with the Annotated Code of Maryland, Article 90, Section 11, the following documents shall be required to be executed. The cost of these documents shall be borne by the bidder and shall not appear as a separate item on his bid. NOTE: Documents A B C D and E below are required ONLY if so indicated by “X”. A. Bid Guarantee: The bid must be accompanied by a bid security which shall not be less than five percent (5%) of the amount of the bid, and at the option of the bidder may be certified check, bank draft, U.S. Government Bonds (at par value) or a bid bond in the form attached to the Bid Form. No bid will be considered unless it is so guaranteed. Certified Check or bank draft must be made payable to the order of the WCPS. Cash deposits will not be accepted. The bid guarantee shall insure the execution of the contract and the furnishing of performance and payment bonds by the successful bidder as specified in the Contract Documents. In case Bid Guarantee is in the form of a certified check, bank draft, or U.S. Government Bonds, the WCPS may make such disposition of the same as submitted. Certified check or bank drafts or the amount thereof and U.S. Government Bonds of the unsuccessful bidders will be returned as soon as practicable after opening of bids. B. Performance Bond executed by a surety company authorized to do business in this State satisfactory to the WCPS, in the amount not less than (100%) of the total amount of the contract. Such bonds shall be executed and delivered by the successful bidder within ten (10) days after receipt of the award by successful bidder to the WCPS Purchasing Division.

C. Payment Bond executed by a surety company authorized to do business in this State satisfactory to the WCPS in the amount of (100%) of the total amount of the contract.

Such bonds shall be executed and delivered by the successful bidder within ten (10) days after receipt of the award by successful bidder to the WCPS Purchasing Division.

X D. The WCPS Purchasing Department reserves the right, should a

supplier fail to perform under the conditions of this contract, to purchase items on the open market and charge same to the supplier or bid price and the purchase price. However, no such action will be taken without first notifying the supplier and giving him reasonable time to reply.

E. Insurance

The contractor must maintain and pay for insurance to protect him from claims under the Workmen’s Compensation Act and from claims for damage because of bodily injury to others, including employees of the WCPS, death to others, damage to the property of others, and claims for damages arising out of the operation of motor vehicles, which may arise during the performance of the contract whether caused by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Bid insurance to cover the duration of the contract period including all periods of time where work is performed under an express or implied warrantee.

1. The limits of such liability insurance shall not be less than $500,000/$1,000,000 Bodily injury and $500,000 Property damage.

2. The certificate on this insurance shall be made in favor of “The Board of Education of Washington County”

3. The certificate of insurance must be provided to the WCPS Purchasing Department, Hagerstown, Maryland 21740, prior to commencement of the Contract.

VII. BRAND NAME OR EQUAL: A. Where a particular manufacturer or several manufacturers or brands or models are referenced, it is to be interpreted as being descriptive and not restrictive unless specifically indicated. Bids may be considered on models or brands or products of manufacturers other than those specified. B. Where the absence of anything by the bidder will be interpreted as a bid on the exact item specified. C. Where several manufacturers or models are referenced as being equally acceptable and the bidder does not indicate what particular model or brand he is offering, the WCPS Purchasing Department shall have the right to select any brand or model referenced. D. The WCPS Purchasing Department shall be the sole judge as to whether or not items submitted meet specifications. There shall be no verbal or written contact by the suppliers relative to this bid with any member of the school system, other than the WCPS Purchasing Department while the proposals are being analyzed. Any attempt to “resell” or disqualify other suppliers will be reason for your disqualification. If additional information is required, contact the WCPS Purchasing Department at telephone 301-766-2840. VIII. SAMPLES: The contractor shall furnish for approval either prior to, at the time of bid opening, or within ten (10) calendar days following request, all samples as directed by the WCPS Purchasing Department. The WCPS Purchasing Department shall check such sample(s), with reasonable promptness. The right is reserved to test sample without liability for any damage to the sample. Sample(s) will be returned only at the bidder’s expense after evaluation. Suppliers shall be responsible for picking up their sample(s) within two (2) weeks after notification. Sample(s) not removed after two (2) weeks will automatically become the property of the WCPS at no charge. IX. BID ACCEPTANCE PERIOD: Unless otherwise stated prices offered will be considered to allow sixty (60) days for acceptance. Bid may be revised or withdrawn up to the time of bid opening. Refer to “Withdrawal of Bid” for procedure.

X. QUALIFICATIONS OF BIDDER: The WCPS may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the WCPS all such information and data for this purpose as the WCPS may request. The WCPS reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the WCPS that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. XI. SIGNATURE TO BID: Bid shall be forwarded with a signature of a person or persons legally authorized to sign contracts. Bids received without authorized signature will be rejected. XII. AWARD: A. Per the Public School Laws of Maryland, Title 5, Section 10, “--The contract for any such school buildings, improvements, supplies or other equipment shall be awarded to the lowest responsible bidder, conforming to specifications, with consideration being given to quantities involved, time required for delivery, purpose for which required competency and responsibility of bidder, and his ability to render satisfactory service—“. B. The WCPS reserves the right to reject any and all bids, in whole or in part, to make partial awards to waive any irregularity in bidding, by mutual agreement to reasonably increase or decrease quantities where estimated quantities are shown and may reject any bid which indicates any omission, contains alteration of form or additions not requested, or imposes conditions or offers alternate items and make any award which is deemed to be in the best interest of the WCPS. C. In the event of tie bids where all other factors are acceptable, award shall be made to the Washington County bidder, the out of County, but State of Maryland based bidder, and the out of State bidder, in that order or preference. If bidders within these geographical designations are tied, the award shall be made by a mutually accepted method. XIII. GLOSSARY: Solicitation – The procurement package expressing the requirements of the WCPS which is mailed to the prospective bidder for the purpose of obtaining competitive prices. Invitation for Bid – The Solicitation identified by number. Quantities and Items List – The pages of the Invitation for Bid containing the listing of items to be purchased and providing space for the bidder to insert prices and provide other information requested therein. Contract – This term will also mean Purchase Order.

WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011

Bid /Proposal Affidavit

Page 1

BID/PROPOSAL AFFIDAVIT

COMAR 21.05.08.07

Bidder shall complete and submit this bid/proposal affidavit to the Supervisor of Purchasing, Washington County Public Schools with the bid or offer.

A. AUTHORITY

I HEREBY AFFIRM THAT:

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

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in “discrimination” as defined in §19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland. “Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s or commercial customer’s employees or owners. “Discrimination” also includes retaliating against any person or other entity for reporting any incident of “discrimination”. Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder agrees to comply in all respects with the State’s Commercial Nondiscrimination Policy as described under Title19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

B-1 Certification Regarding Minority Business Enterprises.

The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, §14-308 (a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a bid or proposal and:

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



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(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the bid or proposal;

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

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

Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid.

C. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, §6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

____________________________________________________________

____________________________________________________________

____________________________________________________________

D. AFFIRMATION REGARDING OTHER CONVICTIONS


Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies, has:

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



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

(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;

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

(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. §1961 et seq., or the Mail Fraud Act, 18 U.S.C. §1341 et seq., for acts in connection with the submission of bids or proposals for a public or private contract;

(4) Been convicted of a violation of the State Minority Business Enterprise Law, §14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;

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

(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1)—(5) above;

(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of bids or proposals for a public or private contract; or

(8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract; or

(9) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§B and C and subsections D (1)- (8) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):

____________________________________________________________

____________________________________________________________

____________________________________________________________

E. AFFIRMATION REGARDING DEBARMENT




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Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities, including obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the details of each person's involvement in any activity that formed the grounds of the debarment or suspension).

____________________________________________________________

____________________________________________________________

____________________________________________________________

F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES


(1) The business was not established and it does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and

(2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification):

____________________________________________________________

____________________________________________________________

____________________________________________________________

G. SUB-CONTRACT AFFIRMATION


Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction.

H. AFFIRMATION REGARDING COLLUSION




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

(1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying bid or offer that is being submitted;

(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or price proposal of the bidder or offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying bid or offer is submitted.

I. CERTIFICATION OF TAX PAYMENT


Except as validly contested, the business has paid, or has arranged payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.

J. CONTINGENT FEES


The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract.

K. ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this bid or proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms, and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.



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Date:_______________________________________

By:

____________________________________________ (Print name of Authorized Representative and Affiant) ____________________________________________ (Signature of Authorized Representative and Affiant)


Mandatory Contract Addendum

Page 1

CONTRACT AFFIDAVIT

MANDATORY CONTRACT ADDENDUM

COMAR 21.07.01.25

Bidder shall complete and submit this contract affidavit to the Legal Department of Washington County Public Schools to attach with the contract form.

A. AUTHORITY

I HEREBY AFFIRM THAT:

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

B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION


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

Corporation ___domestic ____or foreign

Limited Liability Company ___domestic ___or foreign

Partnership ___domestic ___or foreign

Statutory Trust __domestic ___or foreign

Sole Proprietorship____

and is registered or qualified as required under Maryland Law.

I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with State Department of Assessments and Taxation is:

Name and Department ID Number_______________________________________________________

Address:____________________________________________________________________________

and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that true name and address of the principal or owner as:



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Name and Department ID Number:________________________________________________________

Address:_____________________________________________________________________________

C. FINANCIAL DISCLOSURE AFFIRMATION


I am aware of, and the above business will comply with, the provisions of the State Finance and Procurement Article §13-221, Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business.

D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION

I FUTHER AFFIRM THAT:

I am aware of, and the above business will comply with, Election Law Article §§14-101-14-108, Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other agreements with the State of Maryland, including its agencies or a political subdivision of the State, during a calendar year in which the person receives in the aggregate $100,000 or more shall file with the State Board of Elections a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election.

E. DRUG AND ALCOHOL FREE WORKPLACE

(Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head’s designee has determined that application of COMAR 21.11.08 and this certification would be inappropriate in connection with the law enforcement agency’s undercover operations.)

I CERTIFY THAT:

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

(2) By submission of its bid or offer, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall:

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

(b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business’ workplace and specifying the actions that will be taken against employees for violation of the prohibitions;



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

(d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;

(e) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred;

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

(i) The dangers of drug abuse and alcohol abuse in the workplace; (ii) The business’s policy of maintaining a drug and alcohol free workplace; (iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace;

(g) Provide all employees engaged in the performance of the contract with a copy of the statement required by §E(2)(b), above;

(h) Notify its employees in the statement required by §E(2)(b), above, that as a condition of continued employment on the contract, the employee shall:

(i) Abide by the terms of the statement; and (ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction;

(i)Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction; (j)Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:

(i) Take appropriate personnel action against an employee, up to and including termination; or (ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and

(k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of §E(2)(a)-(j),above.

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



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that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance on the contract. (4) I acknowledge and agree that:

(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification; (b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and (c) The violation of the provisions of COMAR 21.11.08 or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR 21.08.03.

F. CERTAIN AFFIRMATIONS VALID


To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgments contained in that certain Bid/Proposal Affidavit dated________________________, 20____, and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.

Date:_______________________________

By:_____________________________________________ (Printed name of Authorized Representative and Affiant) ________________________________________________ (Signature of Authorized Representative and Affiant)

WASHINGTON COUNTY PUBLIC SCHOOLS

820 Commonwealth Avenue

Hagerstown, Maryland 21740

PURCHASING DIVISION

“NO BID” REPLY FORM

Bidder:

To assist us in obtaining good competition on our Invitations to Bid, we ask that each firm that has received an invitation, but does not

wish to bid, state their reason(s) below. This information will not preclude receipt of future invitations unless you request removal

from the Bidders List by so indicating below.

RFP # 2014-14, Audiovisual/Multimedia Solutions for Downsville Pike Building

Unfortunately, we must offer a “NO BID” at this time because:

□ 1. We do not wish to participate in the bid process.

□ 2. We do not wish to bid under the terms and conditions of the Invitation to Bid document. Our

objections are:

□ 3. We do not feel we can be competitive.

□ 4. We cannot submit a bid because of the marketing or franchising policies of the manufacturing

company.

□ 5. We do not wish to sell to the Washington County Public Schools. Our objections are:

□ 6. We do not sell the items/services on which bids are requested.

□ 7. Other:

FIRM

SIGNED

□ We wish to remain on the Bidders List

□ We wish to be deleted from the Bidders List.