CUSTODIAL SUPPLIES

Department of Procurement
45 West Gude Drive, Suite 3100
Rockville, MD 20850-9999
General Stipulations and Instructions To Bidders
I. Invitation For Bid VI. Employer Information Report EEO-1
The Board of Education of Montgomery County Maryland, herein The Board of Education requires that each successful bidder be liable
after referred to as The Board of Education, will receive sealed for compliance with the provisions of Title VII of the Civil
proposals until the date and time indicated on the cover of the
Invitation For Bid. Bids must be delivered to the Division of Rights Act of 1964. In order to fully comply with Title VII, a
Procurement at the above address where it will be opened and company must file Employer Information Report EEO-1 with the
publicly read at the stated time. Bids must be delivered in sealed Joint Report Committee, 1800 G Street, NW, Washington, D.C.
opaque envelopes. Envelopes shall be clearly marked on the outside 20036. Only companies that fall within the following categories are
lower left corner with the bid number and bid opening date and time. required to file the Employer Information Report EEO-1:
The entire company has at least 100 employees on the payroll. The
II. Intent
company is affiliated through centralized ownership and/or
centralized management, and the group legally constitutes a single
These specifications are intended to cover the furnishing and enterprise employing a total of 100 or more employees.
delivery of said materials, supplies, or services as hereinafter shown If your company has already filed an EEO-1 by virtue of supplying
to any or to each of the various public schools, offices, or to any materials or services under Federal Government Contracts, it is
designated warehouse or warehouses in Montgomery County, necessary to submit only a copy of your most recent EEO-1 report
Maryland, whichever is specified, in quantities to be determined to the Division of Procurement. If you are filing a report for the first
subsequent to the bid opening. time, send a copy of EEO-1 to the Division of Procurement. Please
note that purchase orders will not be issued to companies that fall
III. Right To Cancel Or Reject Bids into the above categories until proof of EEO-1 reporting has been
received.
A. The Board of Education reserves the right to cancel any
contract if, in its opinion, there is a failure at any time to VII. Preparation Of Bid
perform adequately the stipulations of this Invitation For Bid,
or if the general conditions and specifications which are Bids must be submitted on the copy provided. Bidders may wish to
attached and made part of this bid are not fulfilled, or if in any reproduce and retain one copy for its files. Bids must be signed by an
case there is any attempt to willfully impose upon the Board authorized representative of the company submitting a bid. It is the
of Education materials or products or workmanship which are intent of this solicitation that should a given bid be accepted, it will
in the opinion of the Board of Education of an unacceptable automatically become the contract. Notification of the bid award will
quality. Any action taken in pursuance of this latter stipulation be made by letter. Bidders shall submit its bids and specifications on
shall not affect or impair any rights or claims of the Board of the appropriate specification sheets that show the schedule of items
Education to damages for the breach of any covenants of the to be purchased. Bidders may attach a letter of explanation to its bid
contract by the contractor. The Board of Education also if it so desire.
reserves the right to reject the bid of any bidder who has
previously failed to perform adequately after having once been Prices quoted shall not exceed the prices established under any
awarded a prior bid for furnishing materials or services similar governmental price control regulations. Bidders will be required if
in nature to those mentioned in this bid. requested by The Board of Education, to furnish satisfactory evidence
that they are qualified as manufacturers or dealers in the items listed
B. The Board of Education reserves the right to reject any or all
and have a regularly established place of business. An inspection of
bids in whole or in part; to make partial awards; to waive any
any bidder's place of business may be made to determine the bidder's
irregularity in any quotation; to increase or decrease quantities
ability to perform.
if quantities are listed in the bid; to reject any bid that shows
any omissions, alterations of form, and additions, conditions,
VIII. Discounts
or alternate proposals not called for; and to make any such
award as is deemed to be in the best interests of the Board of
The Board of Education reserves the right to consider discounts in
Education.
computing the bid.
C. All items furnished must be completely new and free from
defects. No others will be accepted under the terms and intent
A. Trade Discounts
of this bid.
All prices offered must be the lowest net price after trade
discounts have been considered. Bids offering a percentage
IV. Right To Purchase In The Open Market
off list prices will not be accepted unless: (1) specifically
requested in that manner; (2) two copies of the referenced
Should the contractor fail to comply with the conditions of this
price list accompany the bid.
contract or fail to complete the required work within the time
stipulated in the contract, The Board of Education reserves the right
to purchase in the open market, or to complete the required work, at
B. Payment Discounts
the expense of the contractor or by recourse to provisions of the
Prompt payment discounts are solicited and will be treated as
faithful performance bond if such bond is required under the
follows:
conditions of the bid.
(1) Unless specifically stated otherwise, discounts offered
which allow a minimum of twenty (20) days to qualify will be
deducted from prices offered in the bid for the purpose of
V. Failure To Furnish Item(s)
determining the lowest price offered.
(2) Discounts offering less than twenty (20) calendar days
Should the contractor fail to furnish any item or items, or to will not be deducted from price offered for the purpose of
complete the required work included in this contract, The Board of determining the lowest price, but will be taken if payment is
Education reserves the right to withdraw such items or required made within the discount period.
work from the operation of this contract without incurring further
liabilities on the part of the Board of Education.

IX. "Or Equal" Interpretation use taxes. Exemption certificates will be furnished upon request.
Contractor inquiries concerning payment may be made to
Unless the specifications and/or conditions state a accountspayable@mcpsmd.org.
specific brand and substitutions will not be
considered, the Board of Education will consider XIV. Bid Security
other brands or the product of other manufacturers
as long as the product meets the same If bid security is required, it must be payable to: "Montgomery County
specifications, standards, and quality of the Board of Education."
material being solicited through the bid. On all
such bids the bidder shall indicate clearly the Such bid security will be returned to all except the successful bidder(s)
product on which it is bidding and shall supply within five business days after awards have been made. The bid security
sufficient data on its own letterhead to enable an of the successful bidder(s) will be returned upon receipt of the
intelligent comparison to be made with the performance bond if such bond is required under the terms of the award.
particular brand or manufacturer specified. If no award is made within 60 days after the date of the opening of the
bids, bid security will be returned to any bidder upon demand of the
Whenever the specifications indicate a product of
bidder at any time after the 60-day period so long as it have not been
a particular manufacturer, model, or brand and in
notified of the acceptance of its bid.
the absence of any written statement to the contrary
by the bidder, the bid will be interpreted as being for Written notification of the acceptance of any bid will be made to the
the exact brand, model, or manufacturer specified, successful bidder(s).
together with all accessories enumerated in the
specifications. XV. Performance Bonds
X. Consideration of Prior Service If required, the successful bidder or bidders on this bid must furnish
a performance bond in the amount indicated in the bid document,
Awards on this bid will be made after consideration has been given made out to Montgomery County Board of Education and prepared
to any previous performance for The Board of Education as to on an approved performance bond form as security for the faithful
quality of service and/or merchandise and with regard to the bidder's performance of its contract. The performance bond shall be submitted
ability to perform should it be awarded the bid. within ten business days of the notification that the bid has been
awarded. The surety thereon must be such surety company or
XI. Delivery companies as are acceptable to The Board of Education and as are
authorized to transact business in the State of Maryland. Attorneys
The bidder agrees to furnish and deliver during the period of the in fact who sign bid bonds must file with each bond a certified copy
contract the items and articles which may be awarded to the bidder of its power of attorney to sign said bonds. Should the bidder fail or
in such amounts and quantities within the terms of the contract. All refuse to furnish the required performance bond within ten business
Deliveries Must Be Prepaid FOB Destination, And In No Case days after notification the bidder shall pay to The Board of Education
Will Shipments Collect Or Sidewalk Deliveries Be Accepted. as liquidated damages for such failure or refusal an amount in cash
Bidders shall uncrate, completely assemble, and set in designated equal to the security deposited with its bid.
place all equipment and furniture. All delivery cost shall be included
in the bid unit price. XVI. Provision For Municipal Offices
XII. Packing Slips And Delivery Tickets Each bidder agrees when submitting its bid that it will make available
to every office and department of the Montgomery County
All materials delivered on this contract shall be packed in a Government the bid prices submitted on this bid should any such
substantial manner in accordance with accepted trade practices. No department or office wish to take advantage of the bid prices
charges may be made over and above the bid price for packaging or submitted to The Board of Education.
for deposits on containers. All deliveries shall be accompanied by
delivery tickets or packing slips. Tickets shall contain the following XVII. Product Testing During Time of Contract
information for each item delivered: the quantity, bid number, and
the name of the contractor. Material delivered on any contract resulting from this Invitation For
Bid may be tested for compliance with the specification stipulated
XIII. Invoices herein. Any shipment failing to fully meet or comply with the
specification requirements will be promptly rejected.
Payment depends on receipt of a proper invoice and satisfactory
contract performance. All invoices are to be transmitted to the The cost of testing a representative sample of an order or shipment
Division of Controller at: for acceptance shall be borne by the Board of Education except if the
Division of Controller order or shipment is rejected for failure to meet the requirements of
45 West Gude Drive, Suite 3200 the specification. In case of failure to meet the requirements of the
Rockville, MD 20850-9999 specification the cost of testing will be charged to the contractor.
Every invoice must include the following information:
A. Name and address of the contractor XVIII. Safety Standards
B. Taxpayer Identification number
C. The purchase order number All work performed and all items supplied shall be in compliance with
applicable federal and state safety standards. (OSHA-MOSHA).
D. An invoice number
Material Safety Data Sheets shall be included in all shipments.
E. Bid number if applicable
F. The ship to address
XIX. General Guaranty
G. Line item description, quantity, unit of measure, unit
price, and extended price as stated on the purchase The contractor agrees to:
order
H. Shipping and payment terms if not a bid item A. Save the Board of Education, its agents, and employees
harmless from liability of any nature or any kind for the use of
When a discount for payment is authorized and taken; it any copyrighted or uncopyrighted composition, secret
will be made to the contractor as close as possible to, but process, patented or unpatented invention, article, or
not later than, the end of the discount period. Prices appliance furnished or used in the performance of the contract
quoted shall not include federal excise or state sales and of which the contractor is not patented assignee, licensee, or
owner.

Education, its officers, agents, servants, and employees harmless
B. Protect the Board of Education against latent from liability of any nature or kind, including costs and expenses for
defective material or workmanship and to repair or on account of any patented or unpatented inventions, articles,
or replace any damages or marring occasioned process, or appliance manufactured or used in performance of this
in transit or delivery. contract including its use by Montgomery County, unless otherwise
specifically stipulated in this contract.
C. Furnish adequate protection against damage to
all work and to repair damages of any kind, to XXIV. Samples And Catalog Cuts
the building or equipment, to its own work or to
the work of the contractors for which it or its A. Requirements and Delivery
workers are responsible. Sample requirements and sample delivery stipulations are
indicated in the bid document. Further details concerning
D. Pay for all permits, licenses, and fees and give samples may also be indicated in the detailed specification
all notices and comply with all laws, portion of the invitation. Bidders shall make all
ordinances, rules, and regulations of the Board arrangements for delivery of samples to location indicated.
of Education and of the State of Maryland.
B. Sample Identification
XX. Indemnity All sample packages shall be marked "Samples" and each
The contractor shall indemnify, keep, and save harmless the Board of sample shall bear the name of the bidder, item number,
Education, its agents, officials, and employees against all injuries, and bid number and shall be carefully tagged or marked in
death, loss, damages, claims, patent claims, suits, liabilities, a substantial manner. Failure of the bidder to clearly
judgments, costs and expenses, which may in any way occur against identify samples as indicated may be considered sufficient
them in consequence of the granting of this contract or which may in reason for rejection of its bid.
any way result therefrom, whether or not it shall be alleged or C. Testing or Comparing Samples
determined that the act was caused through negligence or omission of Samples are requested for the purpose of testing or
the contractor or its employees, except to the extent of the negligence comparing with detailed specifications. Therefore, The
of the Board of Education, its agents, officials and employees. The Board of Education reserves the right to retain or destroy
contractor shall, at its own expense, appear, defend, and pay all charges the articles or materials submitted as samples for the
of attorneys and all costs and other expenses arising therefrom or purpose of testing. Accordingly, The Board of Education
incurred in connection therewith; and if any judgment shall be shall be free from any change or claim on the part of the
rendered against the Board of Education in any such action based on bidder or contractor if any articles or materials furnished
the actions and/or negligence of the contractor, its agents and as samples are lost or destroyed. Materials such as food
employees, the contractor shall at its own expense satisfy and may be tested from the raw, uncooked, baked, or canned
discharge the same. Contractor expressly understands and agrees that sample being submitted at the time of bid opening or
any performance bond or insurance protection required by this subsequent to bid opening. Food tests shall consider
contract, or otherwise provided by the contractor, shall in no way limit specification factors such as contents, weight, size, taste,
the responsibility to indemnify, keep, and save harmless and defend texture, appearance, uniformity of color, and defects, if
the Board of Education as herein provided. any.
D. Retention and Removal of Samples
XXI. Insurance
The samples submitted by bidders on items on which it
have received an award will be retained by The Board of
The contractor shall maintain Comprehensive Business Insurance for
Education until the delivery of contracted items is
protection from claims under the Workmen's Compensation Act,
completed and accepted. Bidders whose samples are
claims for damage because of bodily injury, death, or property damage
retained will be notified when its samples may be
to others, including employees of the Board of Education; and claims
removed. Samples on which bidders are unsuccessful
for damages arising out of the operation of motor vehicles, which may
must be removed as soon as possible but not more than 15
arise during the performance of the contract whether caused by the
calendar days after notification that the award has been
contractor or by any subcontractor or anyone directly or indirectly
made by The Board of Education. The Board of Education
employed by either of them. The contractor shall also maintain
will not be responsible for such samples if not removed by
product liability insurance. The aforementioned insurance shall cover
the bidder within 15 calendar days after the notification of
the duration of the contract period, including all periods of the time
award has been made.
and all places where work is performed under an expressed or implied
warranty. The limits of such liability insurance for each occurrence E. Sample Quantities
shall be equal to or greater than Samples are required in the exact packaging and size as
$500,000 for Bodily Injury and $100,000 for Property Damage. The stated in the item description unless otherwise indicated
certificate on the insurance, indicating coverage for the term of the in the bid document or it is determined that a smaller
contract, shall be made in favor and provided to The Board of quantity is sufficient for adequate testing.
Education prior to commencement of the contract. A company duly
F. Descriptive Literature
licensed by the Maryland Insurance Commissioner and qualified to
All bidders are required to furnish with the bid proposal a
sell insurance in Maryland shall issue all insurance policies.
brochure, properly bound and labeled, showing full
illustrations and specifications on each item offered, if
XXII. Inspection Of Premises
bidding other than specified; or if specifically requested.
These cuts and specifications are to be arranged and
Before submitting a bid for any construction or installation work in labeled with the item number in the same sequence as the
any building or on the premises of the Board of Education, the bidder items appear in the specifications and attached on
should carefully examine the premises and upon submitting its bid will separate pages of a brochure. The cover of the brochure
be considered to have examined the premises, building, or buildings shall contain:
where the work is to be done. For any work or installation requiring 1. Vendor's name, address, and phone number
the use of labor, the successful bidder before starting work must 2. Bid number
provide sufficient evidence of insurance showing that it is adequately
covered for Workmen's Compensation and Public Liability insurance.
XXV. Time of Completion
XXIII. Patents
The Board of Education reserves the right to revise the starting and completion dates
The contractor shall hold and save the Board of for delivery and installation of equipment to new schools and additions as stated below

if the bid is wholly or in part for the furnishing of new schools and
additions to existing buildings. At least 60 days prior to the date
XXX. Inquiries
scheduled for delivery and installation for each project, the Board of
Education will notify the contractor whether or not any change will be Should any bidder have any question as to the intent or
required in the dates for the beginning and completion of delivery. The meaning of any part of this bid, it must contact the
right is reserved to specify beginning dates and completion dates two
undersigned to receive a written reply before submitting its
weeks earlier than listed above or to postpone the beginning and
bid. Inquires must be submitted in writing no later than four
completion dates for not more than 30 days later than the dates as listed.
business days prior to bid opening date.
These changes in delivery dates, if any, for new schools and additions to
older buildings will be applicable to individual projects as specified and
not to all projects as a whole. The estimated dates on which deliveries
may be begun and which time deliveries and installations must be
completed have been estimated as carefully as possible; and if any
change is required by circumstances beyond the control of the Board of
Education, the revised delivery dates as established by the procedures
outlined immediately above will become the definite schedule for
completion of the contract as if it had been set in the original schedule as
outlined. Angela McIntosh-Davis
Director, Division of Procurement
XXVI. Guarantee
The contractor shall unconditionally guarantee the materials and
workmanship on all equipment furnished by it for a period of one year
from date of acceptance of the items delivered and installed. If, within
the guarantee period, any defects or signs of deterioration are noted
which in the opinion of The Board of Education are due to faulty design
and installation, workmanship, or materials, upon ratification, the
contractor, at its expense, shall repair or adjust the equipment or parts to
correct the condition: or it shall replace the part or entire unit to the
complete satisfaction of the Board of Education. These repairs,
replacements, or adjustments shall be made only at such times as will be
designated by the Board of Education as least detrimental to the
instructional programs.
XXVII. Signature To Bids
Each bid must show the full business address and telephone number of
the bidder and be signed by the person or persons legally authorized to
sign contracts. All correspondence concerning the bid and contract,
including Notice of Award, Copy of Contract, and Purchase Order, will
be mailed or delivered to the address shown on the bid in the absence of
written instructions from the bidder or contractor to the contrary. Bids by
partnerships must be signed with the partnership name by one of the
members of the partnership or by an authorized representative, followed
by the signature and designation of the person signing, who shall also
state the names of individuals composing the partnership. Bids by
corporations must be signed with the name of the corporation, followed
by the signature and designation of the officer having authority to sign.
When required, satisfactory evidence of authority of the officer signing
in behalf of the corporation shall be furnished. Anyone signing the bid as
agent shall file satisfactory evidence of its authority to do so.
XXVIII. Errors In Bids
Bidders, or its authorized representatives, are expected to fully inform
themselves as to the conditions, requirements, and specifications before
submitting bids; failure to do so will be at the bidder's own risk and the
bidder cannot secure relief on the plea of error. Neither law nor
regulations make allowance for errors either of omission or commission
on the part of the bidders
XXIX. Resolution and Disputes
Bidders who have any concerns regarding the recommended
awards of this solicitation should promptly contact the buyer
in the Division of Procurement before the scheduled Board
action. Any concerns that cannot be resolved informally with
the buyer should be addressed to the senior buyer of the
Division of Procurement. The senior buyer of the Division of
Procurement shall attempt to resolve, informally, all protests
or complaints regarding bid award recommendations. Any
formal protest must be filed with the senior buyer of the
Division of Procurement within seven (7) calendar days of the
date of the pre-award notice

MONTGOMERY COUNTY PUBLIC SCHOOLS
DEPARTMENT OF PROCUREMENT
45 West Gude Drive, Suite 3100
Rockville, MD 20850-9999
SPECIAL INSTRUCTIONS TO VENDORS FOR MAILING BIDS
Bids must be delivered in sealed, opaque envelopes, and labeled clearly as follows:
SAMPLE BID RESPONSE ENVELOPE
(Return Address)
BID ENVELOPE
TO BE DELIVERED TO
Department of Procurement
MONTGOMERY COUNTY PUBLIC SCHOOLS
45 West Gude Drive, Suite 3100
Rockville, MD 20850-9999
BID NO.
BID NAME
OPENING DATE OPENING TIME
Vendor name and address must appear on the upper left hand corner of the bid envelope.
The specific bid number, opening date, and time must appear in the lower left hand corner of the bid
envelope.
It is suggested that vendors utilize a tracking service to insure prompt delivery.