Lamps

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

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

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

E. Sample Quantities XXVIII. Errors In Bids
Samples are required in the exact packaging and size as
Bidders, or its authorized representatives, are expected to fully inform
stated in the item description unless otherwise indicated in
themselves as to the conditions, requirements, and specifications before
the bid document or it is determined that a smaller quantity
submitting bids; failure to do so will be at the bidder's own risk and the
is sufficient for adequate testing.
bidder cannot secure relief on the plea of error. Neither law nor
F. Descriptive Literature regulations make allowance for errors either of omission or commission
All bidders are required to furnish with the bid proposal a on the part of the bidders
brochure, properly bound and labeled, showing full
illustrations and specifications on each item offered, if
bidding other than specified; or if specifically requested. XXIX. Resolution and Disputes
These cuts and specifications are to be arranged and Bidders who have any concerns regarding the recommended
labeled with the item number in the same sequence as the awards of this solicitation should promptly contact the buyer
items appear in the specifications and attached on separate in the Department of Procurement before the scheduled
pages of a brochure. The cover of the brochure shall Board action. Any concerns that cannot be resolved
contain: informally with the buyer should be addressed to the senior
1. Vendor's name, address, and phone number buyer of the Department of Procurement. The senior buyer
2. Bid number of the Department of Procurement shall attempt to resolve,
informally, all protests or complaints regarding bid award
recommendations. Any formal protest must be filed with the
XXV. Time of Completion senior buyer of the Department of Procurement within seven
(7) calendar days of the date of the pre-award notice
The Board of Education reserves the right to revise the starting and completion dates
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 XXX. Inquiries
buildings. At least 60 days prior to the date scheduled for delivery and installation for Should any bidder have any question as to the intent or
each project, the Board of Education will notify the contractor whether or not any meaning of any part of this bid, it must contact the
change will be required in the dates for the beginning and completion of delivery. The undersigned to receive a written reply before submitting
right is reserved to specify beginning dates and completion dates two weeks earlier than
its bid. Inquires must be submitted in writing no later
listed above or to postpone the beginning and completion dates for not more than 30
than four business days prior to bid opening date.
days later than the dates as listed. 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, Department 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.

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.