Request for Quotes Athletic Field Winterization

RFQ No. 2014-67 Athletic Field Winterization (WCPS)

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WASHINGTON COUNTY PUBLIC SCHOOLS

CENTER FOR EDUCATION SERVICES 10435 Downsville Pike

Hagerstown, Maryland 21740 Telephone (301) 766-2842

Fax (301) 766-2859 RFQ 2014-67 DATE OF ISSUE: March 11, 2014

Request for Quotes

Athletic Field Winterization

DEADLINE FOR SUBMISSION OF QUOTES: 2:00 p.m. Local time Friday, April 4, 2014


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INTENT

The intent of this quote is to establish a contract for the performance of winterization of WCPS athletic fields to

include straw blowing and tacking to occur in November/December 2014. Specific sites and quantities are defined

in the Scope of Services Section below.

QUALIFICATIONS

Washington County Public Schools may make such investigations as deemed necessary to determine the ability of

the bidder to furnish the services requested herein. The bidder shall furnish to WCPS any data and information

requested to assist in determination of the bidder's ability and qualifications to perform under this bid. WCPS

may reject a bid if the evidence submitted by, or investigation of such bidder fails to satisfy the WCPS that such

bidder is sufficiently qualified to carry out the obligations of the contract.

No work shall begin on school property until a Certificate of Insurance, naming the Board of Education of

Washington County as an additional insured party, in the types and limits of coverage specified herein, is

provided to the WCPS Purchasing Department. This COI must be provided within seven (7) business days after

notification of award by the Board of Education. The contractor is responsible to maintain insurance coverage in

full force and effect for the remainder of the contract, including renewal periods.

The Award Bidder shall give their constant personal attention to the faithful execution of this contract, shall keep

the same under their own control, and shall not assign by power of attorney or otherwise, the work or any part

thereof without the prior written consent of WCPS. The Award Bidder shall provide the name of any

subcontractor(s) he intends to employ, the portion of the materials/labor to be furnished, their place of business,

and such other information as requested by WCPS.

PROCUREMENT SCHEDULE

Issuance: March 11, 2014

Pre-quote Meeting: None

Quotes Due (1 Original & 1 Copy): April 4, 2014, 2:00 p.m.

Anticipated Award Selection: April 18, 2014 or earlier

Contract Performance Period: November 17, 2014- December 5, 2014

PRE-QUOTE MEETING

No pre-quote meeting will be held.

All questions must be submitted in writing to Cindy Scully ([email protected] or fax to 301-766-2859) not

less than five (5) calendar days prior to the quote due date and will be answered by issuance of addenda to all

bidders.

CONTRACT TERM

The contract shall be effective until all conditions of the contract are met. There will be no renewal periods as it is

WCPS’ intent to obtain quotes each year for the specific sites to be included.

SCOPE OF SERVICES

Contractor shall be responsible for winterization services for a total of fourteen (14) athletic fields located at seven

(7) Washington County Public High Schools, totaling approximately 18.8 acres. See attached maps of each school

location for fields identified by number and their corresponding acreage. Surfaces shall be covered at a rate of two

(2) tons of straw per acre to be blown from the athletic field sidelines of the locations detailed below. High

powered blowers must be employed as equipment cannot be operated on the athletic fields. Straw shall be clean

and fully free of seed heads and weeds. Straw shall be anchored in place by approximately 1,000 lbs of wood fiber

mailto:[email protected]


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per acre and 100 lbs of tackifier per acre. Timing of service for all included areas is to occur between November

17, 2014- December 5, 2014 and the schedule must be approved in advance by the Maintenance and Operations

Department to coincide with field aerification performed by WCPS.

Each school below maintains two (2) athletic fields to be winterized under the conditions of this RFQ:

Boonsboro High School- 10 Campus Ave., Boonsboro, MD 21713, fields 1 & 5

Clear Spring High School- 12630 Broadfording Rd., Clear Spring, MD 21722, fields 4 & 7

Hancock Middle/High School- 289 West Main St., Hancock, MD 21750, fields 2 & 4

North Hagerstown High School- 1200 Pennsylvania Ave., Hagerstown, MD 21742, fields 3 & 5

Smithsburg High School- 66 North Main St., Smithsburg, MD 21783, fields 6 & 7

South Hagerstown High School- 1101 South Potomac St., Hagerstown, MD 21740, fields 6 & 7

Williamsport High School- 5 South Clifton Dr., Williamsport, MD 21795, fields 5 & 6

ORDERING AND DELIVERING PROCEDURES

A purchase order in the total lump sum amount shall be issued to the Contractor in the new fiscal year, sometime

after July 1, 2014. Invoice(s) shall be paid within thirty (30) days of confirmation by the WCPS Maintenance &

Operations Staff that work has been completed.

HOLD HARMLESS

The bidder shall indemnify, save harmless and defend the Washington County Public School System and all of its

representatives from any/all suits, actions, damages and claims of any character brought on account of any injury

or damages sustained by any persons or property in consequence of any product, material, equipment, and/or work

performed under this contract either by the supplier and/or its agents, employees or representatives.

ASSIGNMENT

The supplier may not assign or transfer this contract, any interest herein or any claim hereunder, except as

expressly authorized in writing by WCPS.

AWARDS

The contract shall be awarded to the lowest responsible bidder(s) complying with all of the provisions of the

invitation, provided the quote price is reasonable and is in the best interest of WCPS. It is the intent of WCPS to

award the quote in aggregate to one firm. Complete discretion is reserved by WCPS in determining completeness

and/or timeliness of proposals, advantages attributable to acceptance of higher prices, allowance of submission of

additional data or information and any other procedures determined by the WCPS to be in their best interest.

OBJECTION TO AWARD

Any company objecting to the bid procedure or the recommendation for award has five (5) business days following

the date of award by the Board of Education to file a written protest with the Superintendent of Schools. It is the

company’s responsibility to ascertain and confirm the date/time of the pertinent Board Meeting. The written appeal

must be submitted on company letterhead, dated and signed by the senior officer in the company. The protest letter

must include a request for review and ruling by WCPS, a detailed statement of the legal and factual grounds for the

protest, including the resulting prejudice to the company, copies of relevant documents, and a statement of the

form of relief being requested. Failure to comply with these instructions may result in the protest being deemed

“not filed.” Bid protests received later than five (5) days after the Board

Meeting will result in the protest being deemed “not timely.” The WCPS will not respond or address bid protests

that do not conform to these instructions.


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TERMINATION OF CONTRACT

WCPS may terminate this agreement with cause at any time with ten (10) days written notice to Contractor.

"Cause" shall mean (a) material breach by Contractor of this Agreement where such breach, if curable, is not

remedied to WCPS' reasonable satisfaction within a thirty (30) day period, (b) the voluntary or involuntary

termination of business relationship with Contractor, (c) material change unacceptable to WCPS in Contractor's

ability to function as an ongoing concern, to conduct its operations in the normal course of business or to perform

its obligations under this agreement, or (d) unsatisfactory performance of the services which Contractor fails to

remedy during this thirty (30) day period. Upon termination, neither WCPS nor Contractor shall have any further

obligations under this agreement except the liabilities accrued through the date of termination.

WCPS may terminate this agreement at any time without cause, with not less than thirty (30) days written notice to

the Contractor(s).

Effect of termination - Upon termination, neither WCPS nor Contractor(s) shall have any further obligations under

this agreement except the liabilities accrued through the date of termination.

VENDOR REGISTRATION

A company is solely responsible for completing the vendor registration process online at wcpspurchasing.com.

Contact Michelle Schultz, Purchasing Associate, at (301) 766-2844 if you have 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, or for failure to notify the Purchasing

Department of an address change, 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.

SUPPLIER’S RESPONSIBILITIES UNDER THE LAW

The Board endorses the provisions of Public Law 100-690, Title V, Subtitle D (Drugs-Free Workplace Act of

1988) and Public Law 101-226 (The Drug-Free Schools and Communities Act of 1989) and regulations

promulgated there under and establishes a drug-free and alcohol-free workplace and school system.

Maryland State Law (COMAR 13A.02.04) provides that each local school system is required to maintain a

tobacco-free school environment.

The contractor shall advise the Washington County Public Schools (WCPS) of the intention to use any employees

that are hired or obtained from any penal pre-release or work-release programs. In the event such employees are

used, notification to WCPS shall include name and violation for each individual. The contractor shall take

reasonable precautions when selecting such individuals and provide whatever safeguards are necessary

for effective supervision. Contractor’s employees are not permitted inside school buildings when the nature of the

contract is for outside work.

Potential contractors/vendors of WCPS are advised that Maryland law now provides the following mandatory

restrictions on registered sex offenders performing work or services on school system property:


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“A person who enters into a contract with a county board of education or a nonpublic school may not

knowingly employ an individual to work at a school if the individual is a registrant. A person who violates

this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years,

or a fine not exceeding $5,000, or both.”

Persons or entities awarded contracts with WCPS are required to certify that no employee, subcontractor,

subcontractor employee, or material supplier that is a registered sex offender, will be allowed to enter onto school

system property at any time in the performance of the work or services for which the contract is awarded. Such

certification is a condition precedent to any contract award, and failure to so certify will be grounds for not

awarding a contract. It will be the responsibility of contractors to obtain similar certification from all sub-

contractors and material suppliers performing work or services on school system property, and to monitor

adherence to this requirement. In the event that WCPS determines that a registered sex offender has entered upon

school system property in the performance of work for a contractor/vendor, such will be grounds for termination of

the contract.

Supplier shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations applicable

to the services to be rendered under this agreement. Supplier’s violation of any of these laws, statutes, ordinances,

rules, or regulations constitutes a breach of this agreement and entitles the WCPS to terminate this agreement

immediately upon delivery of written notice of termination.

This Agreement shall be construed by and governed under the laws of the State of Maryland.

INSURANCE

The Contractor must maintain throughout the life of this contract and pay for insurance to protect from claims

under the Worker's Compensation Act and from claims for damage because of bodily injury to others (including

employees of WCPS), death to others, damage to the property of others, and claims for damages arising during the

performance of the contract whether caused by him or anyone directly or indirectly employed by him. The limits

of liability insurance shall not be less than $500,000/$1,000,000 Bodily Injury and $500,000 Property Damage.

The certificate of insurance shall name "The Board of Education of Washington County, Hagerstown, Maryland

21740" as an additional insured. The certificate of insurance must be provided to the WCPS Supervisor of

Purchasing, 10435 Downsville Pike, Hagerstown, Maryland 21740, within ten (10) days after notice of award and

before commencement of the contract.

CONTRACT FORM

If WCPS accepts a quote proposal and awards a contract, the bidder’s submission, addenda, and other documents

associated with this solicitation/submission/award process will become part of the contract. Notification of the

contract award will be made by letter after approval. Subsequently, purchase orders and agreed upon schedules or

other submittals associated with this bid will become part of the contract as well.

This agreement may not be modified orally, and no modification or any claimed waiver of any of the provisions

hereof shall be binding unless in writing and signed by the party against whom enforcement of such modification or

waiver is sought.


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FORM OF QUOTE PROPOSAL

TO: Washington County Public Schools Telephone (301) 766-2842

Purchasing Department Fax: (301) 766-2859

820 Commonwealth Ave.

Hagerstown, Maryland 21740

QUOTE DUE DATE/TIME: Friday, April 4, 2014, at 2:00 p.m. Local Time

Lump Sum Pricing below is to be fully inclusive of all equipment, supplies, labor and miscellaneous charges

necessary for and incidental to the performance of the work detailed within this request for quote.

Lump Sum: _______________________________________________________ _________________

(In words) (figures)

Please describe the method and details of the equipment, supplies and process that your company will use in the

performance of the services described in this RFQ: (submit a separate sheet if necessary) ____________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

By submitting this pricing quote, I/we agree to all terms, conditions and specifications as outlined within this RFQ

solicitation document except as noted below:________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

Receipt of Addenda #1____, #2____, #3____, #4____, is hereby acknowledged (if applicable)

Name (Print) _____________________________ Date ______________________

Signature _____________________________ Phone ______________________

Title _____________________________ Fax ______________________

Company _____________________________ Email ______________________

Address _____________________________

_____________________________

Each bidder shall include a fully executed Bid/Proposal Affidavit with this quote. This is a mandatory requirement.

Return this completed Form of Quote Proposal in duplicate, in a sealed envelope marked on the outside with Bidder’s Name and RFQ

2014-67 to: Attention Purchasing Supervisor, Washington County Public Schools, 10435 Downsville Pike, Hagerstown, Maryland,

21740.


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CONTRACT ACCEPTANCE

This section shall be completed and signed by the Contractor’s owner or principal member after receipt of award

of this quote. Please retain this sheet for your records.

I hereby acknowledge the acceptance of this quote dated ________________ by the Washington County Board of

Education and understand that my quote submission, the RFQ solicitation document, all addenda and the purchase

order, issued after July1, 2014, will serve as the agreement between the parties. I hereby agree to honor pricing

provided within this quote for the duration of the contract period, understanding the work will not be performed

until November/December 2014.

Name (Print) _____________________________ Title ______________________

Signature _____________________________ Date ______________________


10435 Downsville Pike, Hagerstown, Maryland 21740

Bid /Proposal Affidavit

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MANDATORY BID/PROPOSAL AFFIDAVIT

COMAR 21.05.08.07

Bidder shall complete and submit this bid/proposal affidavit to the Supervisor of Purchasing, Washington

County Public Schools with the bid or offer.

A. AUTHORITY

I HEREBY AFFIRM THAT:

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

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing

its bid on this project, the bidder has considered all proposals submitted from qualified, potential

subcontractors and suppliers, and has not engaged in “discrimination” as defined in §19-103 of the State

Finance and Procurement Article of the Annotated Code of Maryland. “Discrimination” means any

disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial

treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion,

ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any

otherwise unlawful use of characteristics regarding the vendor’s, supplier’s or commercial customer’s

employees or owners. “Discrimination” also includes retaliating against any person or other entity for

reporting any incident of “discrimination”. Without limiting any other provision of the solicitation on this

project, it is understood that, if the certification is false, such false certification constitutes grounds for the

State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based

on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past

4 years where there has been a final adjudicated determination in a legal or administrative proceeding in

the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or

commercial customers, and a description of the status or resolution of that determination, including any

remedial action taken. Bidder agrees to comply in all respects with the State’s Commercial

Nondiscrimination Policy as described under Title19 of the State Finance and Procurement Article of the

Annotated Code of Maryland.

B-1 Certification Regarding Minority Business Enterprises.

The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority

Business Enterprise Law, State Finance and Procurement Article, §14-308 (a)(2), Annotated Code of

Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a

certified minority business enterprise in a bid or proposal and:




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

enterprise to identify the certified minority proposal;

(2) Fail to notify the certified minority business enterprise before execution of the contract of its

inclusion in the bid or proposal;

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

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

proposal.

Without limiting any other provision of the solicitation on this project, it is understood that if the

certification is false, such false certification constitutes grounds for the State to reject the bid submitted by

the bidder on this project, and terminate any contract awarded based on the bid.

C. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in

Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or

any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved

in the business's contracting activities including obtaining or performing contracts with public bodies has

been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article,

§6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of bribery, attempted

bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal

law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction,

plea, or imposition of probation before judgment with the date, court, official or administrative body, the

sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities

with the business):

____________________________________________________________

____________________________________________________________

____________________________________________________________

D. AFFIRMATION REGARDING OTHER CONVICTIONS


Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its

officers, directors, partners, controlling stockholders, or any of its employees directly involved in the

business's contracting activities including obtaining or performing contracts with public bodies, has:




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

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

or private contract; or

(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or

receiving stolen property;

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

(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the

Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. §1961 et seq., or the Mail Fraud

Act, 18 U.S.C. §1341 et seq., for acts in connection with the submission of bids or proposals for a

public or private contract;

(4) Been convicted of a violation of the State Minority Business Enterprise Law, §14-308 of the

State Finance and Procurement Article of the Annotated Code of Maryland;

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

the Annotated Code of Maryland;

(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for

conviction or liability under any law or statute described in subsections (1)—(5) above;

(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in

connection with the submission of bids or proposals for a public or private contract; or

(8) Been found in a final adjudicated decision to have violated the Commercial

Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the

Annotated Code of Maryland with regard to a public or private contract; or

(9) Admitted in writing or under oath, during the course of an official investigation or other

proceedings, acts or omissions that would constitute grounds for conviction or liability under any

law or statute described in §§B and C and subsections D (1)- (8) above, except as follows

(indicate reasons why the affirmations cannot be given, and list any conviction, plea, or

imposition of probation before judgment with the date, court, official or administrative body, the

sentence or disposition, the name(s) of the person(s) involved and their current positions and

responsibilities with the business, and the status of any debarment):

____________________________________________________________

____________________________________________________________

____________________________________________________________

E. AFFIRMATION REGARDING DEBARMENT




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Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its

officers, directors, partners, controlling stockholders, or any of its employees directly involved in the

business's contracting activities, including obtaining or performing contracts with public bodies, has ever

been suspended or debarred (including being issued a limited denial of participation) by any public entity,

except as follows (list each debarment or suspension providing the dates of the suspension or debarment,

the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and

their current positions and responsibilities with the business, the grounds of the debarment or suspension,

and the details of each person's involvement in any activity that formed the grounds of the debarment or

suspension).

____________________________________________________________

____________________________________________________________

____________________________________________________________

F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES


(1) The business was not established and it does not operate in a manner designed to evade the

application of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the

State Finance and Procurement Article of the Annotated Code of Maryland; and

(2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred

business, except as follows (you must indicate the reasons why the affirmations cannot be given

without qualification):

____________________________________________________________

____________________________________________________________

____________________________________________________________

G. SUB-CONTRACT AFFIRMATION


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

entered into a contract with a public body under which a person debarred or suspended under Title 16 of

the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or

indirectly, supplies, services, architectural services, construction related services, leases of real property,

or construction.




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H. AFFIRMATION REGARDING COLLUSION


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

(1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the

compilation of the accompanying bid or offer that is being submitted;

(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid

price or price proposal of the bidder or offeror or of any competitor, or otherwise taken any action

in restraint of free competitive bidding in connection with the contract for which the

accompanying bid or offer is submitted.

I. CERTIFICATION OF TAX PAYMENT


Except as validly contested, the business has paid, or has arranged payment of, all taxes due the State of

Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State

Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as

applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.

J. CONTINGENT FEES


The business has not employed or retained any person, partnership, corporation, or other entity, other than

a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for

the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any

person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona

fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the

making of the Contract.

K. ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be

distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of

Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is

subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that

nothing in this Affidavit or any contract resulting from the submission of this bid or proposal shall be

construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the

State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the

constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the




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obligations, terms, and covenants undertaken by the above business with respect to (1) this Affidavit, (2)

the contract, and (3) other Affidavits comprising part of the contract.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE

CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY

KNOWLEDGE, INFORMATION, AND BELIEF.

Date:_______________________________________

By:

____________________________________________

(Print name of Authorized Representative and Affiant)

____________________________________________

(Signature of Authorized Representative and Affiant)



Mandatory Contract Addendum

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CONTRACT AFFIDAVIT

MANDATORY CONTRACT ADDENDUM

COMAR 21.07.01.25

Bidder shall complete and submit this contract affidavit to the Legal Department of Washington County

Public Schools to attach with the contract form.

A. AUTHORITY

I HEREBY AFFIRM THAT:

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

this Affidavit.

B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE

DEPARTMENT OF ASSESSMENTS AND TAXATION


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

Corporation ___domestic ____or foreign

Limited Liability Company ___domestic ___or foreign

Partnership ___domestic ___or foreign

Statutory Trust __domestic ___or foreign

Sole Proprietorship____

and is registered or qualified as required under Maryland Law.

I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in

the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing

fees, with the Maryland State Department of Assessments and Taxation. The name and address of its

resident agent (IF APPLICABLE) filed with State Department of Assessments and Taxation is:

Name and Department ID Number_______________________________________________________

Address:____________________________________________________________________________

and that if it does business under a trade name, it has filed a certificate with the State Department of

Assessments and Taxation that correctly identifies that true name and address of the principal or owner

as:




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Name and Department ID Number:________________________________________________________

Address:_____________________________________________________________________________

C. FINANCIAL DISCLOSURE AFFIRMATION


I am aware of, and the above business will comply with, the provisions of the State Finance and

Procurement Article §13-221, Annotated Code of Maryland, which require that every business that enters

into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar

year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the

time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the

Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership

of the business.

D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION

I FUTHER AFFIRM THAT:

I am aware of, and the above business will comply with, Election Law Article §§14-101-14-108,

Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other

agreements with the State of Maryland, including its agencies or a political subdivision of the State,

during a calendar year in which the person receives in the aggregate $100,000 or more shall file with the

State Board of Elections a statement disclosing contributions in excess of $500 made during the reporting

period to a candidate for elective office in any primary or general election.

E. DRUG AND ALCOHOL FREE WORKPLACE

(Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the

agency head’s designee has determined that application of COMAR 21.11.08 and this certification would

be inappropriate in connection with the law enforcement agency’s undercover operations.)

I CERTIFY THAT:

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

(2) By submission of its bid or offer, the business, if other than an individual, certifies and agrees

that, with respect to its employees to be employed under a contract resulting from this

solicitation, the business shall:

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

(b) Publish a statement notifying its employees that the unlawful manufacture, distribution,

dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the




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business’ workplace and specifying the actions that will be taken against employees for violation

of the prohibitions;

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

(d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise

of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a

bona fide drug or alcohol abuse assistance or rehabilitation program;

(e) Promptly inform the appropriate law enforcement agency of every drug-related crime that

occurs in its workplace if the business has observed the violation or otherwise has reliable

information that a violation has occurred;

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

(i) The dangers of drug abuse and alcohol abuse in the workplace;

(ii) The business’s policy of maintaining a drug and alcohol free workplace;

(iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance

programs; and

(iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in

the workplace;

(g) Provide all employees engaged in the performance of the contract with a copy of the statement

required by §E(2)(b), above;

(h) Notify its employees in the statement required by §E(2)(b), above, that as a condition of

continued employment on the contract, the employee shall:

(i) Abide by the terms of the statement; and

(ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense

occurring in the workplace not later than 5 days after a conviction;

(i)Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), above,

or otherwise receiving actual notice of a conviction;

(j)Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual

notice of a conviction, impose either of the following sanctions or remedial measures on any

employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:

(i) Take appropriate personnel action against an employee, up to and including

termination; or

(ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse

assistance or rehabilitation program; and




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(k) Make a good faith effort to maintain a drug and alcohol free workplace through

implementation of §E(2)(a)-(j),above.

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

that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession,

or use of drugs or the abuse of drugs or alcohol in the performance on the contract.

(4) I acknowledge and agree that:

(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this

certification;

(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to

suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or

21.07.03.15, as applicable; and

(c) The violation of the provisions of COMAR 21.11.08 or this certification in connection with

the contract may, in the exercise of the discretion of the Board of Public Works, result in

suspension and debarment of the business under COMAR 21.08.03.

F. CERTAIN AFFIRMATIONS VALID


To the best of my knowledge, information, and belief, each of the affirmations, certifications, or

acknowledgments contained in that certain Bid/Proposal Affidavit dated________________________,

20____, and executed by me for the purpose of obtaining the contract to which this Exhibit is attached

remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully

set forth herein.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE

CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY

KNOWLEDGE, INFORMATION, AND BELIEF.

Date:_______________________________

By:_____________________________________________

(Printed name of Authorized Representative and Affiant)


Center for Education Services

10435 Downsville Pike

Hagerstown, Maryland 21740

PURCHASING DIVISION

“NO BID” REPLY FORM

Bidder:

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

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

from the Bidders List by so indicating below.

RFQ# 2014-67 Athletic Field Winterization

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

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

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

objections are:

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

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

company.

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

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

□ 7. Other:

FIRM

SIGNED

□ We wish to remain on the Bidders List

□ We wish to be deleted from the Bidders List.

Request for Quotes Athletic Field Winterization

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