Design/Build - Above-Ground Oil Storage Tank Removal at Various Schools

Design/Build - Above-Ground Oil Storage Tank Removal at Various
Schools
RFP 2026-61
Procurement Schedule
Issue Date: March 17, 2026
Pre-Proposal Meeting: March 26, 2026 @ 1:00 PM Eastern Time
Maugansville Elementary School
18023 Maugans Avenue
Hagerstown, MD 21740
Visits to Pangborn Elementary School and Rockland Woods Elementary School will follow
Deadline for Written Questions Submission: April 1, 2026 at 4:00 PM Eastern Time
Proposal Due: April 14 at 11:00 AM Eastern Time
10435 Downsville Pike
Hagerstown, MD 21740
Tentative Award Date: April 2026
Dates and/or times are subject to change by the issuance of written addenda.
WCPS Contract Managers
Procurement Officer Contract Administrator
Scott Bachtell Jonathan Kerns
Supervisor of Purchasing Project Manager
301-766-2842 301-766-2817
bachtsco@wcps.k12.md.us kernsjon@wcps.k12.md.us
This Bid/RFP document is posted on the WCPS Purchasing website at www.wcpspurchasing.com. This is also the source for
any/all addenda. Please register your company for notices about this Bid/RFP and similar projects on our website.

RFP 2026-61
TABLE OF CONTENTS
SECTIONS Page
I. General Terms & Conditions 3-13
II. Specific Terms & Conditions 14-20
III. Proposal Format 21
IV. Proposal Evaluation 21
V. Specifications/ Scope of Work 22-24
VII. Bid Form of Proposal 25-28
ATTACHMENTS
Bid/Proposal Affidavit
Contract Affidavit
AIA 310 Bid Bond
AIA 312 Payment Bond and Performance Bond
Sample AIA G702 and Proposal Request Form
Site Plans (Existing AST Locations)*
Pangborn Elementary Floor Plan*
* FOR ACCESS TO TECHNICAL DRAWINGS
Please send an email with the subject line, "2026-61 Technical Drawing Request" to the following people:
* Scott Bachtell - BachtSco@wcps.k12.md.us
* Michelle Schultz - SchulMic@wcps.k12.md.us
* Jonathan Kerns - KernsJon@wcps.k12.md.us
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RFP 2026-61
SECTION I - GENERAL TERMS AND CONDITIONS
1. Introduction
It is the intent of the Owner to solicit sealed proposals from contractors to establish a contract for the
design, provision, and removal of aboveground oil storage tanks at Maugansville Elementary School,
Pangborn Elementary School, and Rockland Woods Elementary School. At Pangborn Elementary School, a
new, 500-gallon aboveground oil storage tank, connected to the emergency generator OR, a new 275-gallon
generator subbase oil tank connected to the emergency generator will be installed as part of this project.
2. Definitions
As contained herein, the terms. "Owner", "WCPS" and "Washington County Public Schools" mean Board of
Education of Washington County. The terms "bidder", "offeror", "firm", and "person" are synonymous, and
mean an entity submitting a proposal in response to this solicitation. Similarly, the terms "bid", and
"proposal", mean the response submitted by an offeror. The term "contractor" means an offeror awarded a
contract as a result of this solicitation. The terms "General and Special Provisions", "requirements", "scope",
"specifications", and "criteria" mean the services, terms, and conditions required by the RFP.
3. Bidder Registration
Vendors are solely responsible for completing the vendor registration process online at wcpspurchasing.com.
Contact Beverly Bergan or Brooke Ebersole at 301-766-2840, or by email to: purchasing@wcps.k12.md.us if
you have any questions or to check the status of your registration. Once registered in the WCPS Vendor
Database, you will be able to view current solicitations and may automatically receive notification of certain
bid solicitations. Washington County Public Schools will not be held responsible for a company's failure to
become and remain a registered Vendor, to identify appropriate commodity/service categories, to keep the
self-service vendor account up to date with current contact information, and to accomplish these things in a
timely manner. Bidders with a repeated history of not bidding in a specific category may be removed from
the Vendor Database for that category at the discretion of the Purchasing Supervisor.
a. If your firm is already a WCPS registered vendor:
* You must confirm your account is current, and a W-9 must be on file.
4. eMaryland Marketplace Advantage (eMMA) Registration
All Washington County Public School (WCPS) suppliers and or contractors interested in bidding on WCPS
projects must register on eMaryland Marketplace Advantage (https://emma.maryland.gov/) prior to
submitting a proposal/bid.
Contractors are required to register with eMaryland Marketplace Advantage (https://emma.maryland.gov/).
Maryland law requires local and state agencies to post solicitation and award notices on eMaryland
Marketplace Advantage. This cannot be done without the contractor's self-registration in the system.
Registration is free. Failure to comply with this requirement may be considered grounds for default. It is
recommended that any interested bidder register with eMaryland Marketplace Advantage, regardless of the
award outcome for this procurement, as it is a valuable resource for bid notification for municipalities
throughout Maryland.
5. Receipt of Bids
a. A single hard copy of complete proposals (technical proposal, bid form, bid/proposal affidavit) shall be
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submitted prior to the deadline stated on the cover page of this RFP. Proposals received after the due
date and time listed will not be considered. Any proposal may be withdrawn before the scheduled time
for opening. Hard copy proposals must be hand delivered to the Owner, and a receipt must be received
from the Owner before the due date and time. Bids received prior to the time of opening will be time-
stamped and securely kept unopened.
b. All inner and outer envelopes and packaging, used by Fed Ex, UPS and etc., are to be labeled with the
following:
i. Bidder Name
ii. Bid Number and Name
iii. Due Date and Time
c. In the event of inclement weather on the date when bids are scheduled to be opened and the WCPS
offices are closed, or operating under a modified schedule, bids will be opened on the next business day
at the same time as previously scheduled. Bids will be accepted until the scheduled time of opening on
the next business day. Often when schools are closed due to inclement weather, administrative offices
remain open. When in doubt, call the Purchasing Department (301-766-2840).
6. Addenda
a. All changes to the bid solicitation will be made through appropriate addenda issued from the Owner.
b. Addenda will be available on the WCPS Purchasing Department webpage.
c. Addenda will be issued no later than four (4) days prior to the date for receipt of Bids except an
Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt
of Bids.
d. Each bidder shall ascertain, prior to submitting a bid, that they have received all Addenda issued and the
bidder shall acknowledge receipt on the Proposal Form. Failure of any bidder to acknowledge the
receipt of addenda will not relieve that bidder from any obligations under this solicitation as amended by
addenda. All addenda so issued will become part of the award and contract documents.
7. Preparation of Bid
a. Should any bidder be in doubt as to the meaning of the specifications, or should they find any
discrepancy or omission, they shall notify the Contract Managers listed on the solicitation cover sheet in
writing. No pleas of ignorance of such conditions and requirements resulting from failure to make such
investigations and examinations will relieve the successful offeror from its obligations to comply in every
detail with all the provisions and requirements of the contract documents or will be accepted as a basis
for any claim whatsoever for any monetary consideration on the part of the successful bidder. If
required, bidders will be notified of clarifications and/or additional information by means of addenda.
b. Each bid will show the full business address and contact information of the bidder and be signed by the
person(s) legally authorized to sign contracts. All correspondence concerning the bid and contract,
including notice of award, copy of contract, and purchase order, will be emailed, or mailed, to the
address shown on the bid in the absence of written instructions from the bidder to the contrary.
c. Bidder shall submit one original proposal, with the requested documents signed. Bidders may not submit
more than one proposal. Bids must be prepared on the proposal form(s) provided. WCPS's Price
Proposal and other forms shall not be altered.
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d. Compliance with Laws; The Contractor hereby represents and warrants that:
i. It is qualified to do business in the State of Maryland and that it will take such action as, from
time-to-time hereafter, may be necessary to remain so qualified;
ii. It is not in arrears with respect to the payment of any monies due and owing the State of
Maryland, or any department or unit thereof, including but not limited to the payment of taxes
and employee benefits, and that it shall not become so in arrears during the term of this Contract;
iii. It shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its
activities and obligations under this Contract; and
iv. It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any,
necessary to the performance of its obligations under this Contract
v. Bidder shall provide proof of compliance to WCPS upon request.
e. By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the
payment of any obligations due and owing the State of Maryland, including the payment of taxes and
employee benefits, and that it shall not become so in arrears during the term of the contract if selected
for contract award.
f. Bids by partnerships must be signed with the partnership name, followed by the signature and
designation of the person having authority to sign. When requested, satisfactory evidence of authority
of the person signing will be furnished. Anyone signing the bid as an agent shall file satisfactory evidence
of their authority to do so, if requested.
g. Bids by corporations must be signed with the name of the corporation, followed by the signature and
designation of the person having authority to sign. When requested, satisfactory evidence of authority
of the person signing will be furnished. Anyone signing the bid as an agent shall file satisfactory evidence
of their authority to do so, if requested.
h. Failure to sign the bid document will result in rejection of the bid as non-responsive.
i. WCPS will not be responsible for any costs incurred by a bidder in preparing and submitting a proposal in
response to this solicitation.
8. Bid Opening
a. Bids shall be opened in public at the time and place designated in the bid solicitation.
b. Complete evaluation of the proposals will not take place at the bid opening and no indication of award
will be made. A final recommendation(s) shall be prepared for review and approval by the Board of
Education of Washington County.
c. Final award recommendation, and the bid tabulation, will be posted on the WCPS webpage, after the
Board of Education of Washington County approval.
9. Errors in Bid Submissions
a. Bidders, or their authorized representatives, are expected to fully inform themselves as to the conditions
and requirements of the specifications before submitting bids. Failure to do so will be at the bidder's
own risk. The Bidder shall have no right to any damages, cost and/or any other remedy at law or equity
against WCPS for any miscalculation, misunderstanding, error (either omission or commission), mistake,
misinterpretation, and/or the failure by the Bidder to obtain an award of bid, award of contract and/or
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profits, fees or money from WCPS when the Bidder failed to fully inform itself.
b. If the bidder has made an error, the bidder may request, in writing, to have their bid withdrawn.
Approval of a bidder's request is not automatic and may be given only by the Supervisor of Purchasing.
Requests for withdrawal are usually denied, unless the bidder proves to the satisfaction of the Supervisor
of Purchasing that the mistake was either a scrivener's error or another type of clearly unintentional
error so departing from customary and reasonable business practices as to be obvious and to
legitimately and substantially impair the vendor's business.
c. Neither law nor regulations make allowance for errors either of omission or commission on the part of
the bidders. In case of error in multiplication of unit price when arriving at total price per line item, the
unit price shall govern. If there is a discrepancy between the price written in numbers and the price
written in words, the words will govern.
10. Award or Rejection of Bids
a. The basis of award shall be the bidder submitting a responsive bid that conforms to the specifications
established in the solicitation with consideration given to the quantities and types of materials involved,
adherence to schedule requirements, purpose for which required, competency and responsibility of
bidder, and the ability of the bidder to perform satisfactory service, if applicable.
b. The Owner reserves the right to cancel this RFP, to determine completeness and/or timeliness of bids, to
reject any or all bids in whole or in part, to make partial awards, to waive any informality in any
quotation, to increase or decrease quantities if quantities are listed in the bid, to reject any bid that
shows any omissions, alterations of form, additions not called for, conditions, exclusions, or alternate
proposals, to conduct discussions with any or all qualified or potentially qualified Bidders in any manner
necessary to serve the best interests of the Owner, and to make any such award as is deemed to be in its
best interest.
c. Bidders may be required, before the awarding of a contract, to show to the complete satisfaction of the
Owner, that they have the necessary facilities, ability, and financial resources to execute the contract in a
satisfactory manner, and within the time specified. Bidders may be required to demonstrate they have
the necessary experience, history, and references to assure the Owner of their qualifications.
d. The Board of Education of Washington County reserves the right to award the bid within 90 days from
the date of the bid opening unless a different time period is stated in the bid document.
e. Unless stated otherwise in Section II, the contract may be awarded by line item, group, or in the
aggregate, whichever is in the best interest of WCPS.
f. In the event of a tie, where all other factors, such as past performance, are considered comparable, the
award shall be made to the Washington County based bidder; the closest Maryland out-of-county based
bidder; and the closest out-of-state based bidder, in that order of preference.
g. WCPS does not have local, state or federal preference requirements except when mandated by a
targeted funding source.
h. If, after competitive bids have been opened, the Supervisor of Purchasing determines that only one
responsible bidder has submitted a responsive bid, the procurement contract may be negotiated with
that one bidder as sole source procurement or the procurement may be re-bid, whichever is deemed to
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be in the best interests of the Owner.
i. A recommendation for the award of a contract will be presented to the Board of Education of
Washington County for approval. Upon approval of the award of contract, the bidder(s) shall be notified
of their award(s). The signed bid documents, contents of this RFP, and the resulting purchase order will
constitute the contract. By submitting a bid, the bidder agrees to the Terms and Conditions listed in this
RFP.
j. The Owner reserves the right to reject the bid of a bidder who has, in the opinion of the Owner, failed to
properly perform under previous contracts, or, who investigation shows, is not able to perform the
contract.
k. The Board of Education of Washington County retains the right to:
i. Reject any and all bids, if it is deemed in the best interest of WCPS to do so.
ii. Request revised or best and final pricing from all qualified bidders.
iii. Reject bids for one or more of the following reasons:
1. Failure of the bidder(s) to provide the requested information.
2. Failure of the bidder(s) to respond to any question, request for information,
clarification, presentation, or interview.
3. Failure of the bidder(s) to follow the prescribed instructions for proposal preparation,
submission, and response format.
4. Collusion or the appearance of collusion, among or between firms.
5. Lack of responsibility on the part of the bidder, as determined by the Contract Manager.
6. Submission of a proposal, in whole or in part, that does not meet bid specifications as
outlined herein.
7. Evidence submitted by, or investigation of, bidder fails to satisfy WCPS that the bidder is
sufficiently experienced and qualified to carry out the obligations of the contract
contemplated herein.
8. Other irregularities or inconsistencies within a proposal deemed significant deviations
or issues by the Contract Manager.
l. If, during the life of the contract, a product or service does not meet the solicitation terms and
conditions, the Owner retains the right to cancel the awarded item(s) and award to a new bidder, as long
as that bidder mutually agrees to the award.
11. Billing and Payment
a. The Contractor shall submit a schedule of values to the Owner before the first Application for Payment,
allocating the entire Contract Sum to the various portions of the Work.
b. At least ten days before the date established for each progress payment, the Contractor shall submit to
the Owner an itemized Application for Payment prepared in accordance with the schedule of values.
c. Retainage in the amount of five (5%) percent shall be withheld with each application for payment until
Final Completion.
d. Schedule of Values shall be submitted on AIA G702 and a sample form is attached to this RFP. The
contractor may substitute a similar document with preapproval from the Owner.
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e. WCPS standard payment terms are Net 30.
12. Contract Assignment
a. The awarded vendor(s) will not assign or transfer any portion of their interest or obligation under this
Agreement to any third party, without the prior written consent of the Owner. Nothing herein shall be
construed to create any personal or individual liability upon any employee, officer, elected official of the
Owner, nor shall this Agreement be construed to create any rights hereunder in any person or entity
other than the parties to this Agreement.
b. The awarded vendor(s) will, when required, submit to the Owner, in writing, the name of each
subcontractor they intend to employ, the portion of the material to be furnished, their place of business,
and any such information as may be required in order to know whether such subcontractor is reputable
and reliable and able to furnish satisfactorily the material as called for in the specifications.
c. The Owner reserves the right to approve or disapprove all subcontractors to be employed on a project.
The Owner further reserves the right to approve or disapprove a change of subcontractor once an initial
subcontractor has been approved. Any increased cost associated with the change of a subcontractor
shall be the full obligation and responsibility of the awarded vendor(s).
d. The awarded vendor(s) will not legally, or equitably, assign any of the funds payable under the contract,
or its claim thereto, unless by, and with, the consent of the Owner.
e. The awarded vendor(s) will have the same provisions inserted in all subcontracts relative to the terms of
this RFP and other contract documents. Nothing contained in this contract shall create any contractual
relations between any subcontractor and the Owner.
13. Subsidiaries
If a Bidder that seeks to perform or provide the services required by this RFP is the subsidiary of another
entity, all information submitted by the Bidder such as, but not limited to, proposed services, description of
the Bidder's ability to perform the scope of work, references and financial reports, shall pertain exclusively to
the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable,
the Bidder's proposal must contain an explicit statement that the parent organization will guarantee the
performance of the subsidiary.
14. Hold Harmless
It is understood that the awarded vendor(s) shall defend and hold harmless the Board of Education of
Washington County and its representatives, from all suits, actions, or claims of any kind brought about as a
result of any injuries or damages sustained by person(s) or property during the performance of this contract.
15. Termination for Default
a. When an awarded vendor has not performed or has unsatisfactorily performed the contract, payment
shall be withheld at the discretion of the Owner. The Owner may, by written notice of default to the
vendor, terminate the whole or any part of the contract in any of the following circumstances:
i. If the vendor fails to perform the services or provide the products within the time and manner
specific herein or any extension thereof, or:
ii. If the vendor fails to perform any of the provisions of this contact, or fails to make progress as
to endanger performance of this contract, in accordance with its terms and in either of these
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two circumstances does not cure such failure within a period of ten calendar days (or longer
as authorized by the Supervisor of Purchasing) after receipt of written notice from the
Supervisor of Purchasing of such failure, or:
iii. If the vendor willfully attempts to perform the services other than specified as to coverage,
limits, protections, and quality or otherwise, without specified authorization in the form of
contract amendment, or:
iv. If a determination is made by the Owner that the obtaining of the contract was influenced by
an employee of the Owner having received a gratuity, or a promise therefore, in any way or
form.
b. In the event the Owner terminates the contract in whole or in part, the Owner may procure such
products and services, in a manner the Supervisor of Purchasing deems appropriate, and the vendor shall
be liable to the Owner for any additional cost(s) incurred.
c. If, after notice of termination of this contract under provisions of this clause, it is determined for any
reason that the vendor was not in default under the provisions of this clause, or that the default was
excusable under the provisions of this clause, the rights and obligations of the parties shall be the same
as if the notice of termination had been issued pursuant to a termination for convenience.
16. Termination for Convenience
The contract may be terminated by the Owner in accordance with this clause in whole, or in part, whenever
the Owner determines that such a termination is in the best interest of the Owner. Written notice shall be
given a minimum of 60 days in advance. The Owner will pay for all services, in accordance with contract
pricing, up to the date of the termination. However, the awarded vendor(s) shall not be reimbursed for any
anticipatory profits that have not been earned up to the date of termination. Under this contract, the
awarded vendor does not have a right to unilateral termination for convenience.
17. Governing Law and Venue
The solicitation shall be construed in accordance with, and interpreted under, the laws of the State of
Maryland. Any lawsuits shall be filed in the appropriate State Court located in Washington County,
Maryland.
18. Minority and Small Business Enterprises
Minority Business Enterprises are encouraged to respond to this solicitation notice. However, there is no
MBE participation goal for this procurement.
19. Laws and Regulations
a. The vendor will comply with all Federal, State, and local laws, ordinances and regulations pertaining to
work under their charge. If the vendor performs any work which it knows or should know to be contrary
to such laws, ordinance, and regulations and without such notices to the Owner they shall bear all costs
arising therefrom.
b. All vendors and subcontractors must abide by the Owner's policies and regulations while working on
school property.
c. The vendor certifies that their firm adheres to or follows non-discriminatory practices with respect to the
employment and promotion of personnel without regard to color, creed, race, sex, or national origin.
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20. Employment of Child Sex Offenders and Persons with Uncontrolled Access to Students
a. Be advised that individuals who are registered sex offenders are not eligible to work on any WCPS
project. The awarded vendor(s) must initially check the Maryland Department of Public Safety &
Correctional Services' Maryland Sex Offender Registry and search for the name of any employee to be
assigned to work on this project. This applies to subcontractors and material/equipment suppliers as
well. For projects lasting more than a few months, the vendor will periodically re-check the names of
workers against the registry to ensure ongoing compliance. In the event that a registered sex offender is
discovered to be working on a WCPS project, whether through employment by the vendor,
subcontractor or equipment or material supplier, WCPS will notify the site superintendent to
immediately remove the individual from the premises and permanently terminate his work assignment.
The Owner may terminate this contract at no additional costs, as a result if the vendor is unable to
demonstrate they have exercised care and diligence in the past in checking the Maryland registry.
b. Contracted service providers who have regular, direct, and unsupervised access to children cannot begin
service without undergoing the same process as new employees. If required, an awarded vendor(s) is
responsible for payment of the full cost of the criminal background check.
c. The awarded vendor(s), or subcontractor(s), may not knowingly assign an employee to work on WCPS
school premises with direct, unsupervised, and uncontrolled access to children, if the employee has been
convicted of a crime identified as a crime of violence.
d. The awarded vendor(s) will not assign employees who has been convicted of an offense under 3-307 or
3-308 of the Criminal Law Article or an offense under the laws of another state that would constitute a
violation of 3-307 or 3-308 of the Criminal Law Article if committed in the state.
e. An awarded vendor will not assign an employee who has been convicted of a crime of violence as
defined in 14-101 of the Criminal Law Article, or an offense under the laws of another state that would
be a violation of 14-101 of the Criminal Law Article if committed in this state.
21. Drug, Alcohol, and Tobacco-Free Workplace
a. Maryland State Law (COMAR 13A.02.04) provides that each local school system is required to maintain a
tobacco-free school environment.
b. All awarded vendors and subcontractors must abide by Board Policy GBEC while working on any WCPS
property at all times.
c. The Board of Education is committed to providing a safe and productive work environment consistent
with the standards of the community in which it operates. Alcohol and drug use/abuse pose a threat to
the health and safety of students and employees as well as to the security of equipment and facilities.
The Board expects a work environment free of any use, possession, or distribution of alcohol or illegal
drugs and the abuse of controlled or non-controlled substances.
22. Weapon Possession on School Property
a. The criminal code of Maryland makes it illegal to possess a weapon on school property.
b. Any awarded vendor(s) whose employees violate this clause may be subject to the termination of the
contract for cause.
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