RFP 2026-001 State Care Coordination

Washington Co. Health Department RFP 2026-001 State Care Coordination
THE WASHINGTON COUNTY HEALTH DEPARTMENT
REQUEST FOR PROPOSALS (RFP)
STATE CARE COORDINATION
RFP NUMBER: 2026-001
ISSUE DATE:03/31/2026
PROPOSAL DUE DATE:
MAY 1, 2026, BEFORE 10:00 A.M. EST
SUBMIT PROPOSAL TO: WCHD.PROCUREMENT@MARYLAND.GOV
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WASHINGTON COUNTY HEALTH DEPARTMENT OF WASHINGTON COUNTY, MARYLAND
GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS
Supply and Service Contracts
INTRODUCTION
The general rules and conditions which follow, along with all other documents consisting of this "Bid
Document," apply to all purchases and become a definite part of each formal invitation to bid, purchase
order, contract, or other award issued by the Washington County Health Department's Purchasing
Agent or (hereinafter "Purchasing Agent"), unless otherwise specified. Bidders or their 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 they cannot
secure relief on the plea of error. Bidders are advised that all costs related to preparing and/or
submitting a Bid or Proposal shall be borne by the Bidder.
Satisfactory evidence of authority to bind the firm by the person signing the Bid when submitted by
partnerships or corporations may be requested by the Washington County Health Department prior to
making any award. Anyone signing a Bid as an agent shall include evidence of his/her authority to do
so.
Subject to Washington County, Maryland (hereinafter "County") and Maryland State laws and all rules,
regulations and limitations imposed by legislation of the Federal Government, bids on all
advertisements and invitations issued by the Washington County Health Department Purchasing Office
shall bind bidders to applicable conditions and requirements set forth herein unless otherwise specified
in the Invitation to Bid. Should there be a conflict in laws between states, State of Maryland law shall
prevail.
Should there be a conflict between the general bid conditions and the supplemental bid conditions (if
any), the supplemental bid conditions shall prevail.
GENERAL CONDITIONS OF BIDDING
1. Bids Binding for Ninety (90) Days: Unless otherwise specified all formal bids submitted shall be
binding for ninety (90) calendars days following bid opening date, unless the bidder, upon request of
the Purchasing Agent, agrees to an extension.
2. Bids for All or Part: Unless otherwise specified by the Washington County Health Department or by
the Bidder, WCHD reserves the right to make award on all items, or on any of the items according to
the best interests of WCHD. Bidder may restrict his/her bid to consideration in the aggregate by so
stating but should name a unit price on each item bid upon; any bid in which the bidder names a total
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price for all the articles without quoting a price on each and every separate item, may be rejected at the
option of WCHD.
3. Catalogs: Each Bidder shall submit where necessary or when requested by the Purchasing Agent,
catalogs, descriptive literature, and detailed drawings, fully detailed features, designs, construction, and
the like necessary to fully describe the materials or work they propose to furnish.
4. Collusive Bidding: The Bidder certifies that his/her bid is made without any previous understanding,
agreement or connection with any person firm, or corporation making a bid for the same project, without
unlawful prior knowledge of competitive prices, and is in all respects fair, without outside control,
collusion, fraud, or otherwise illegal action.
5. Competency of Bidder: No proposal shall be accepted from, or contract awarded to any person, firm
or corporation that is in arrears or is in default to Washington County or Washington County Health
Department upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation
to said County or WCHD, or had failed to perform faithfully any previous contract with the County or
WCHD. The Bidder, if requested, must present within forty-eight (48) hours evidence satisfactory to the
Purchasing Agent of performance ability and possession of necessary facilities, pecuniary resources,
and adequate insurance to comply with the terms of these specifications and contract documents. The
successful Bidder shall actively cooperate in all matters pertaining to the proper compliance of this
contract and shall come to the office of the Purchasing Agent whenever requested in connection with
the performance of this contract. The successful Bidder shall inform the Purchasing Agent of all
circumstances which may impede the progress of the work or inhibit the performance of the contract
includes, but not limited to bankruptcy, dissolution or liquidation, merger, sale of business, assignment,
etc. WCHD may examine Bidder's and any first-tier subcontractor's records to determine and verify
compliance with the contract. The Bidder and any first-tier subcontractor must grant WCHD access to
these records at all reasonable times during the contract term and for three (3) years after final
payment. If the contract is supported to any extent by Federal or State funds, the appropriate Federal or
State authorities may also examine these records. The Bidder must include the preceding language of
this paragraph in all first-time subcontracts.
6. Completeness: All information required by Invitation to Bid must be supplied to constitute a proper
bid. WCHD shall not be responsible for the premature opening of Bids if not properly addressed or
identified.
7. Conditional Bids: Qualified bids are subject to rejection as a whole or in part.
8. Confidentiality: Firms shall give specific attention to the identification of those portions of their
proposals that they deem to be confidential, proprietary information or trade secrets and provide any
justification why such materials, upon request, should not be disclosed by the County or WCHD under
the Access to Public Records Act, State Government Article, Title 10, Sections 10-611 to 10-628,
Annotated Code of Maryland.
9. Errors in Bids: When an error is made in extending total prices, the written unit bid price shall govern.
In the absence of written prices, the unit bid price shall govern. Carelessness in quoting prices, or in
preparation of bid, otherwise, will not relieve the Bidder. Erasures or changes in bids must be initialed.
10. General Guaranty: Bidder agrees to:
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a. Save WCHD, its agents and employees, are harmless from liability of any nature or kind for the use
of any copyrighted or uncopyrighted composition, secret process, patented or unpatented, invention,
article or appliance furnished or used in the performance of the contract which the Bidder is not the
patentee, assignee, licensee, or owner.
b. Protect WCHD against latent defective material or workmanship and repair or replace any damage or
marring occasioned in transit or delivery.
c. Furnish adequate protection against damage to all work and to repair damage of any kind, to the
building or equipment, to their own work or to the work of other contractors, for which their worker is
responsible due to the negligence in the course and scope of the employment.
d. Pay for all permits, licenses and fees and give all notices and comply with all laws, ordinances, rules
and regulations of the County and State of Maryland.
11. Illegal Immigrants:
a. Bidder shall comply with the Immigration and Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, the
Bidder may hire only persons who may legally work in the United States (i.e., citizens and nationals of
the U.S.) and aliens authorized to work in the U.S. The Bidder shall verify the identity and employment
eligibility of anyone employed or to be employed, including completion of the Employment Eligibility
Verification Form (I-9). The Bidder shall establish appropriate procedures and controls to ensure that no
services under this Contract will be performed by any worker who is not legally eligible to perform such
services or for employment.
b. Failure by the Bidder or his/her Subcontractors to comply with the provisions of Section 11.a. herein
will be grounds for termination of the Contract.
12. Insurance: Liability insurance on all major divisions of coverage for each Bidder and subcontractor
shall be required for the length of the contract. Bidder and subcontractor must supply evidence of
insurance upon request. Each Bidder agrees to assist in every manner possible in the reporting and
investigation of any accident, and upon request, agrees to cooperate with all interested insurance
carriers in the handling of any claims by securing and giving evidence and obtaining the attendance of
witnesses as required for any claim or suit. The Bidder shall be prepared to show evidence of insurance
as required under Washington County's Insurance Requirements for Independent Contractors Policy,
included herein, prior to the execution of any contract. The Bidder, if requested, shall provide the
Certificate of Insurance to the Purchasing Office within ten (10) calendar days after receiving a request
for it. Failure to provide an acceptable Certificate of Insurance within the time frame stated above shall
be caused to terminate the contract(s). The certificate shall state that such insurance is in force and
cannot be canceled or released except upon thirty (30) days prior written notice to WCHD. If any of the
stated coverages expire during the term of this contract, Bidder shall deliver renewal certificates to
WCHD at least ten (10) calendar days prior to the expiration.
13. Interpretations, Discrepancies, Omissions: Should any Bidder find discrepancies in, or omissions
from the documents or be in doubt of their meaning, he/she should at once request, in writing, an
interpretation from:
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Michelle Hutchinson - Purchasing Agent
Washington County Health Department
1302 Pennsylvania Avenue, Room 306
Hagerstown, MD 21742
EMAIL: Michelle.hutchinson@maryland.gov FAX: 240-313-3301
All necessary interpretations will be issued to all Bidders in the form of addenda to the specifications,
and such addenda shall become part of the contract documents. Exceptions as taken in no way
obligate WCHD to change the specifications. Failure of any Bidder to receive any such addendum or
interpretation shall not relieve such Bidder from any obligation under his/her bid as submitted. WCHD
shall assume no responsibility for oral instructions or suggestions. ORAL ANSWERS WILL NOT BE
BINDING ON THE WASHINGTON COUNTY HEALTH DEPARTMENT. Requests received after
10:00 A.M. on April 24th, 2026, may not be considered.
14. Landfill Tipping Fees: Disposal of items shall be at an approved sanitary landfill and any fees for
same must be included in the Bidder's proposal.
15. Late Bids: Formal bids or amendments thereto received by WCHD after the time specified for bid
opening will not be considered. Bids received after the time specified for bid opening will be returned
unopened.
16. Mailing of Bids: There will be NO ACCEPTENCE of mailed bids.
17. Maryland Buy American Steel Act: In accordance with the Annotated Code of Maryland- State
Finance and Procurement Article, Sections 17-301 - 17-306, Washington County is defined as a Public
Body and as such shall require a Bidder or subcontractor to use or supply only American Steel products
in the performance of a contract as stated in the above referenced Sections.
18. Multiple Bids: No Bidder shall be allowed to offer more than one (1) price on each item even though
he/she may feel that there are two (2) or more types or styles that will meet specifications. Bidders must
determine for themselves which to offer. If said Bidder should submit more than one (1) price on any
item, all prices for that item may be rejected at the discretion of the Purchasing Agent.
19. Officers Not to Benefit: No member of the elected governing body of Washington County or the
Washington County Health Department, State of Maryland or members of his or her immediate family,
including spouse, parents, or children, or any person representing, or purporting to represent any
member or members of the elected governing body shall receive or be promised directly or indirectly,
any financial benefit, by way of fee, political contribution, or any other similar form of remuneration
and/or on the account of awarding and/or executing the contract and that upon request of the County,
as a prerequisite to payment pursuant to the terms of this contract, there will be furnished to the
requester, under oath, answers to any interrogatories related to a possible conflict of interest as herein
embodied. The Bidder, to the best of his/her knowledge, whether he/she is an officer, director, partner
or any of its employees directly involved in obtaining contracts with the State, or any County or other
subdivision of the State, has not been convicted of bribery or conspiracy to bribe under the laws of any
State or Federal
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Government. Any contract made or entered into where it is discovered that violation of the intent of this
provision exists shall be declared null and void and all monies received by the Bidder shall be returned
to WCHD.
20. Payment Terms: Bid prices are to be net thirty (30) calendar days; all discounts are to be deducted
and reflected in net prices. Term discounts of less than twenty (20) calendar days will not be
considered in connection with any prompt payment discount offered, time will be computed from date of
receipt of correct invoice or receipt and acceptance of shipment, whichever is later.
21. Procurement Policy Manual: This bid is administered according to Washington County's
Procurement Policy Manual adopted by the Board of County Commissioners of Washington County,
Maryland on June 25, 2013, and effective July 1, 2013. The contents of the aforementioned Manual
may be requested from the Washington County Purchasing Department at 240-313-2330 or may be
found on the web site at: http://www.washco- md.net/purchasing/pdf/ProcurementPolicy.pdf.
22. Proposal Forms: Bids shall be submitted only on the forms provided by WCHD. The Bidder shall
submit one (1) original bid on the forms provided with original signature, sealed to WCHD for that
purpose. All bids must be enclosed in a sealed, opaque envelope marked with the title of the bid and
received in the Washington County Health Department Purchasing Office promptly on or before, time,
date, and place stipulated on the Invitation to Bid. NO bids received after such stipulated time and date
will be considered by WCHD. Facsimile Bids will not be accepted.
23. Registration with Maryland Department of Assessments and Taxation: Prior to contracting, private
corporations must either be incorporated in the State of Maryland or registered with the Maryland
Department of Assessments and Taxation as a foreign corporation and must be in good standing. Proof
of such standing is required prior to the start of the contracting process.
24. Reservations: WCHD or its authorized agent reserves the right to reject any or all bids and to waive
any informality or deficiency in bids received whenever such rejection or waiver is in the best interest of
WCHD and/or the County. WCHD also reserves the right to reject the bid of a Bidder who has
previously failed to perform properly or complete on time contracts of a similar nature, or the Bid of a
Bidder who investigation shows are not in a position to perform the contract. WCHD reserves the right
to waive minor differences in specifications provided these differences do not violate the specifications'
intent nor affect the operation for which the items are purchased, nor increase estimated maintenance
and repair cost to WCHD. WCHD reserves the right to award contracts or place orders on a lump sum
or individual item basis, or such combination as shall, in its judgment, be in the best interest of WCHD.
25. Response to Invitation: In the event you cannot submit a bid on our requirements, as set forth in the
"Invitation to Bid", please return the Bid with an explanation as to why you are unable to bid on these
requirements. Because of the large number of firms listed on the County's lists of Bidders, it is
necessary to delete from these lists the names of those people, firms or corporations who fail to
respond after having been invited to bid on a commodity or commodities for three (3) successive bid
openings.
26. Substitutions: All equipment is to be supplied in exact accordance with the specifications. Any
Bidder who contemplates offering a product that differs from that specified must obtain WCHD's written
approval prior to bid opening. Substitution requests must be received in the Purchasing Office no later
than the date/time specified in the Pertinent Information. Requests received after the specified
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date/time will not be considered. All such decisions will be considered final and not subject to further
recourse.
27. Taxes-Responsibility for Payment, Exemptions, Forms to be Filed, etc.:
a. WCHD is exempt from State of Maryland Sales Tax. WCHD's Maryland Sales Tax Exemption
Number is 30001292. However, the Bidder is responsible for making any necessary inquiries and
investigations with regulating state agencies to obtain a determination of tax exemptions in his/her bid.
b. The Bidder is responsible for and by submitting a Bid agrees to pay all retail sales, income, real
estate, sales and use, transportation, and special taxes applicable to and assessable against any
materials, equipment, processes and operations incident to or involved in the Project. The Bidder is
responsible for ascertaining and acquainting him/herself with such taxes and making all necessary
arrangements to pay same.
c. The Successful Bidder shall complete a W-9 Vendor Information form (provided by WCHD) and
return it to the Purchasing Agent.
d. WCHD hereby reserves the right to withhold payment under this Contract until the Bidder and any
subcontractor performing any duties under this Contract have furnished or caused to be furnished the
Comptroller of the State of Maryland with all properly completed forms required by the said Comptroller
and until all of said retail sales and/or use taxes due the State of Maryland by the Bidder have been
paid and the Bidder exhibits a release or receipt from the Comptroller evidencing such payment.
e. The Bidder is hereby advised of Section 1-106(b)(3) of the Code of Public Local Laws of Washington
County, MD:
"If a bidder has not paid all taxes owed to the County or a municipal corporation in the County, the
Washington County Health Department may reject the bidder's bid."
28. Withdrawal of Bids: A written request for the withdrawal of a bid or any part thereof may be granted
if the request is received by WCHD prior to the specified time of opening.
BID BONDS
1. Bid Deposit - Bid Bond, Certified or Cashier's Check: When required, each bid shall be accompanied
by a bid bond signed by a surety company licensed to do business in the State of Maryland, or by a
cashier's check, certified check or Treasurer's check drawn on a responsible bank doing business in
the United States in the amount of five (5%) percent of the total Bid and shall be made payable to
WASHINGTON COUNTY HEALTH DEPARTMENT of Washington County, Maryland. When computing
the amount of Bid for Check purposes, DO NOT deduct for trade-ins. U.S. Postal Money Orders are
acceptable in lieu of checks.
2. Performance/Labor and Material Bonds: The successful Bidder(s) on this bid must furnish the
required bonds as indicated on the bid cover, made out to WASHINGTON COUNTY HEALTH
DEPARTMENT of Washington County, Maryland, prepared on forms contained herein, or in his/her
absence, on an approved form, as security for the faithful performance of his/her contract, within ten
(10) calendar days of his/her notification that his/her bid has been accepted. The surety thereon must
be such surety company or companies as are authorized and licensed to transact business in the State
of Maryland.
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Attorneys in fact who sign bonds must file with each bond a certified copy of his/her power of attorney
to sign bonds. The successful Bidder or Bidders upon failure or refusal to furnish within ten (10)
calendar days after his/her notification the required bonds shall forfeit to WCHD, as liquidated damages
his/her bid deposit. The Performance Bond shall be in the amount of one hundred (100%) percent of
the contract price covering faithful performance of the contract; and the Labor and Materials Payment
Bond shall be in the amount of one hundred (100%) percent of the contract price as security for
payment of all persons performing labor and furnishing materials in connection therewith.
3. Formal Specifications: The Bidder shall abide by and comply with the true intent of the specifications
and not take advantage of any unintentional error or omission but shall fully complete every part as the
true intent and meaning of the specifications and drawings. Whenever mention is made herein, of any
article, material, or workmanship to be in accordance with laws, ordinances, building codes,
underwriter's codes, A.S.T.M. regulations or similar expressions, the requirements of these laws,
ordinances, etc., shall be construed to meet or exceed specification requirements and current
established noise levels for specific equipment, materials, and/or services being furnished under this
contract. All deviations from the specifications must be noted in detail by the Bidder, in writing, at the
time of submitting the formal bid. The absence of a written list of specification deviations at the time of
submittal of the bid will hold the Bidder strictly accountable to WCHD to the specifications as written.
Any deviation from the specifications as written not previously submitted, as required by the above, will
be grounds for rejection of the material and/or equipment when delivered.
4. Samples: The Purchasing Office reserves the right to retain or destroy the samples submitted for the
purpose of evaluation and will be free from any redress or claim on the part of the Bidder if any samples
are lost or destroyed. Bidders shall make all arrangements for delivery of samples to the place
designated, as well as the removal of samples. Cost of delivery and removal of samples shall be borne
by the Bidder. Upon notification by the Purchasing Office that a sample is available for pickup, it shall
be removed within thirty (30) calendar days at the Bidder's expense, or the Purchasing Office shall
dispose of same at his/her discretion. All sample packages shall be marked "Sample for Purchasing
Office", and each sample shall bear the name of the Bidder, item number, bid number, and shall be
carefully tagged or marked in a substantial manner. Failure of the Bidder to clearly identify samples as
indicated may be considered sufficient reason for rejection of bid.
5. Trade Names/Substitutions: In cases where an item is identified by a manufacturer's name, trade
name, catalog number, or reference it is understood that the Bidder proposes to furnish the item so
identified and does not propose to furnish an "equal/substitution" unless submission of an
"equal/substitution" is stated otherwise as permissible. Any Bidder who contemplates offering a product
that differs from that specified must obtain WCHD's written approval by submission of his/her request
no later than the deadline for receipt of substitution requests as stated in the Supplemental Terms and
Conditions. The reference to the above catalog is intended to be descriptive but not restrictive and only
to indicate to the prospective Bidder articles that will be satisfactory. Bids on makes and catalogs will be
considered, provided each Bidder clearly states on the face of his/her proposal exactly what he/she
proposes to furnish, and forwards with his/her bid, a cut, illustration, or other descriptive matter which
will clearly indicate the character of the article covered by his/her bid. The Purchasing Agent hereby
reserves the right to approve as an equal, or to reject as not being an equal, any article the Bidder
proposes to furnish which contains major or minor variations from specification requirements but may
comply substantially therewith. If no brand, model, or make is specified, and if no data are required to
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be submitted with the bid, and after award and before manufacture or shipment, the successful Bidder
may be required to submit working drawings or detailed descriptive data sufficient to enable the
Purchasing Agent to judge if each requirement of the specifications is being complied with.
AWARD
1. Award or Rejection of Bids: For contracts of purchase, the contract shall be awarded to the lowest,
responsive, and responsible Bidder complying with all the provisions of the Invitation, provided the bid
price is reasonable and it is in the best interest of WCHD to accept it. For contracts of sale, the contract
shall be awarded to the highest, responsive, and responsible Bidder complying with all the provisions of
the Invitation, provided the bid price is in the best interest of WCHD to accept it.
2. Notice of Award: A written award (or Acceptance of Bid) mailed (or otherwise furnished) or emailed
to the successful Bidder within the time for acceptance as specified herein shall be deemed to result in
a binding contract without further action by either party. The bid with respect to all items accepted and
all papers accompanying the same, the general conditions and instructions to Bidders, the
specifications, and other papers and documents referred to in any of the foregoing shall constitute the
formal contract, unless otherwise specified, between Bidder and WCHD.
3. Political Contribution Disclosure: In accordance with Maryland Code, State Finance and Procurement
Article, 17-402, the Bidder shall comply with Maryland Code, Election Law Article, Title 14, which
requires that every person that enters into contracts, leases, or other agreements with the State, a
county, or any incorporated municipality, or their agencies during a calendar year in which the person
receives in the aggregate $100,000 or more, shall file with the State Administrative Board of Election
Laws 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. The statement shall be filed with the State
Administrative Board of Election Laws: (1) before a purchase or execution of a lease or contract by the
State, a county, an incorporated municipality or their agencies, and shall cover the preceding two (2)
calendar years; and (2) if the contribution is made after the execution of a lease or contract, then twice
a year, throughout the contract term, on: (a) February 5, to cover the 6-month period ending January
31; and (b) August 5, to cover the 6-month period ending July 31.
4. "Requirements" Contract Bid Quantities: On "Requirements" bids, acceptance shall bind WCHD to
pay for, at unit bid prices, only quantities ordered and satisfactorily delivered. All stated quantities are
estimated requirements and do not constitute a minimum or maximum.
5. Responsibility/Qualifications of Bidder: WCHD may make such investigations as it deems necessary
to determine the ability of the Bidder to perform the work, and the Bidder shall furnish WCHD all such
information and data for this purpose as WCHD may request. WCHD reserves the right to reject any bid
if the evidence submitted by, or investigation of, such Bidder fails to satisfy WCHD that such Bidder is
properly qualified to carry out the obligation of the contract and to complete the work contemplated
therein. Conditional bids will not be accepted. In determining responsibility, the following qualifications,
in addition to price, shall be considered by the Purchasing Agent on contracts of purchase and on
contracts of sale (if applicable):
a. The ability, capacity, and skill of the Bidder to perform the service required.
b. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder.
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c. The quality of performance of previous contracts or services.
d. The Bidder's previous and present compliance with laws and ordinances relating to the contract or
service.
e. The sufficiency of the financial resources and ability of the Bidder to perform the contract or provide
the service.
f. The quality, availability and adaptability of the supplies, or services, to the particular use required.
g. The ability of the Bidder to provide future maintenance and service for the use of the subject of the
contract.
h. Whether the Bidder is in arrears to the County or to WCHD on a debt or contract or is a defaulter on
surety to the County or to WCHD.
i. Such other information as may be secured having a bearing on the decision to make the award. In
determining a Bidder's responsiveness, the Purchasing Agent shall consider material deviations from
the advertised specifications which materially affect price, quantity, quality or limit the Bidder's liability.
6. Specific Bid Quantities: Where quantities are specifically stated, acceptance will bind WCHD to order
quantities specified and to pay for, at contract prices, all such supplies or services delivered that meet
specifications and conditions of the contract. However, WCHD will not be required to accept delivery of
any unordered balances, as of the contract expiration date, unless Bidder furnishes the Purchasing
Agent with a statement of unordered balances not later than ten (10) calendar days after the
termination date of the contract.
7. Tie Bids: If two (2) or more Bidders shall be tied for the lowest bid on a purchase contract, quality
and service being equal, the contract shall be awarded to a local Bidder. If there is no local Bidder, or
more than one local Bidder, WCHD shall award the contract to one (1) of the Bidders by drawing lots in
public.
CONTRACT PROVISIONS
1. Availability of Funds: A contract shall be deemed executory only to the extent of appropriations
available to WCHD for the purchase of such articles. WCHD's extended obligation on those contracts
that envision extended funding through successive fiscal periods shall be contingent upon actual
appropriations for the succeeding fiscal year.
2. Contract Alterations: No alterations or variables in the terms of a contract shall be valid or binding
upon WCHD unless made in writing and signed by WCHD or its authorized agent.
3. Default: The contract may be canceled or annulled by WCHD as a whole or in part by written notice
of default to the Bidder upon non-performance or violation of contract terms. An award may be made to
the next low Bidder, or articles specified may be purchased on the open market similar to those so
terminated. In either event, the defaulting Bidder (or their surety) shall be liable to WCHD for costs to
WCHD more than the defaulted contract prices: Provided, that the Bidder shall continue the
performance of this contract to the extent not terminated under the provisions of this clause. Failure of
the Bidder to deliver materials or services within the time stipulated on his/her bid, unless extended in
writing by the Purchasing Agent, shall constitute contract default. If a Bidder exempted from posting a
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