Job Order Contracting Services in the State of Maryland and Washington DC

RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC Procurement Department 410-809-6044 RFP # 23-JH-022 REQUEST FOR PROPOSALS FOR Job Order Contracting Services in the State of Maryland and Washington DC Proposals Due: March 24, 2023 before 12:00 pm Eastern Time RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC HARFORD COUNTY PUBLIC SCHOOLS 102 South Hickory Avenue Bel Air, Maryland 21014 RFP Announcement RFP TITLE: Job Order Contracting Services in the State of Maryland and Washington DC RFP NUMBER: 23-JH-022 RFP DUE DATE AND TIME: March 24, 2023 before 12:00 PM Eastern Time RFP EMAIL SUBMITTAL ADDRESS: Submit your Proposal electronically to: bids@hcps.org PROCUREMENT AGENT: Jennifer Horner, CPPB Jennifer.Horner@hcps.org 410-809-6044 QUESTIONS DUE DATE AND TIME: Questions must be e-mailed to

rel="no-follow" href="mailto:Jennifer.Horner@hcps.org">Jennifer.Horner@hcps.org no later than 4:00 PM Eastern Time on March 08, 2023. ADDENDUM ISSUED: No later than March 16, 2023. PRE-PROPOSAL CONFERENCE (not mandatory): February 23, 2023 at 10:00 AM Eastern Time online via Zoom at the following link: https://gordian.zoom.us/meeting/register/tZYvd- ytrDopGd3rjjJ5z30eZWNIxH4c2Ndy TIMELY DELIVERY OF RFP DOCUMENTS: Proposals must be received in the Procurement Agent’s e-mail box, bids@hcps.org, on or before the RFP due date and time. Proposals submitted via e-mail shall include the name and address of the Offeror, the title and number of the RFP, and the RFP opening date. Technical Proposals must be submitted separately from the Cost Proposals in 2 separate files or e-mails. It is the Offeror(s) responsibility to verify that the Proposal has been received at bids@hcps.org, prior to the due date. ‘Read Receipts’ are not sufficient. Offeror(s) may contact the Procurement Agent listed within the solicitation by email or phone to confirm receipt of RFP. INCLEMENT WEATHER: If Harford County Public Schools Administrative Offices are closed on the day a proposal is DUE, that proposal will be due at the same time the next day the Administrative Offices are open. Offerors may obtain the Solicitation Documents by downloading the information at our website: https://www.hcps.org/departments/businessservices/procurement.aspx . Offerors shall continue to check the HCPS website for possible addenda to the proposal(s) prior to the proposal opening date. The Contract Award Report, will be posted on the HCPS webpage at https://www.hcps.org/departments/businessservices/procurement.aspx (Solicitation Results) after evaluation and approval by the Board of Education of Harford County, if required. LATE PROPOSALS WILL BE REJECTED AND RETURNED UNOPENED mailto:bids@hcps.org mailto:Jennifer.Horner@hcps.org mailto:Jennifer.Horner@hcps.org https://gordian.zoom.us/meeting/register/tZYvd-ytrDopGd3rjjJ5z30eZWNIxH4c2Ndy https://gordian.zoom.us/meeting/register/tZYvd-ytrDopGd3rjjJ5z30eZWNIxH4c2Ndy mailto:bids@hcps.org mailto:bids@hcps.org https://www.hcps.org/departments/businessservices/procurement.aspx https://www.hcps.org/departments/businessservices/procurement.aspx RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC Harford County Public Schools Nondiscrimination Statement The Board of Education of Harford County Public does not discriminate on the basis of age, ancestry/national origin, color, disability, pregnancy, gender identity/expression, marital status, race, religion, sex or sexual orientation in matters affecting employment or in providing access to programs and activities and provides equal access to the Boy Scouts and other designated youth groups. In accordance with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. §1681, et seq.), Harford County Public Schools does not discriminate on the basis of sex in any of its programs or activities or with regard to employment. Inquiries about the application of Title IX, and its implementing regulations to Harford County Public Schools may be referred to Renee McGlothlin, Harford County Public Schools Title IX Coordinator, by mail to 102 S. Hickory Avenue, Bel Air, Maryland 21014, or by telephone to 410-809-6087 or by email to Renee.McGlothlin@hcps.org or the Assistant Secretary for the Office of Civil Rights in the United States Department of Education by mail to 400 Maryland Avenue, SW, Washington, DC 20202 or by telephone 1-800-421-3481, or both. (The rest of this page is intentionally left blank) RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC GENERAL TERMS AND CONDITIONS ..................................................................................................... 1 1.0 A REQUEST FOR PROPOSAL SUBMISSION ......................................................................... 1 2.0 PROPOSAL PREPARATION, PROPOSAL SHEET, AND PROPOSAL OPENING .................. 1 3.0 AWARD OR REJECTION OF PROPOSALS ............................................................................ 2 4.0 REMEDIES AND TERMINATION .............................................................................................. 3 5.0 MULTI-AGENCY PROCUREMENT ........................................................................................... 4 6.0 ORDER OF PRECEDENCE ...................................................................................................... 4 7.0 CONTRACT .............................................................................................................................. 4 8.0 WAIVER OF RIGHT .................................................................................................................. 4 9.0 INITIATION OF WORK .............................................................................................................. 5 10.0 TAXES AND PERMITS .............................................................................................................. 5 11.0 BILLING AND PAYMENTS ........................................................................................................ 5 12.0 GOVERNING LAW AND DISPUTE RESOLUTION .................................................................... 5 13.0 FREEDOM OF INFORMATION ACT .......................................................................................... 5 14.0 ADDENDA .................................................................................................................................. 6 15.0 COMPLIANCE WITH LAW ......................................................................................................... 6 16.0 RESPONSIBILITY FOR CLAIMS AND LIABILITY .................................................................... 6 17.0 INSURANCE .............................................................................................................................. 7 18.0 STAFF ........................................................................................................................................ 7 19.0 DRUG, TOBACCO, AND ALCOHOL ......................................................................................... 7 20.0 PROTEST AND APPEAL PROCESS ........................................................................................ 7 21.0 NONDISCRIMINATION .............................................................................................................. 7 22.0 NON-HIRING OF EMPLOYEES BY AWARDED OFFEROR OR HCPS ..................................... 8 23.0 FINANCIAL DISCLOSURE ........................................................................................................ 8 24.0 POLITICAL CONTRIBUTION DISCLOSURE ............................................................................. 8 25.0 RETENTION OF RECORDS ...................................................................................................... 8 26.0 LANGUAGE/GENDER ............................................................................................................... 8 27.0 DISSEMINATION OF INFORMATION........................................................................................ 8 28.0 INSPECTIONS/CORRECTION OF WORK ................................................................................. 8 29.0 AWARDED OFFEROR’S OBLIGATION .................................................................................... 9 30.0 CHANGES, ALTERATIONS, OR MODIFICATIONS .................................................................. 9 31.0 GUARANTEE AND WARRANTY ............................................................................................. 10 32.0 SUBCONTRACTING OR ASSIGNMENT ................................................................................. 10 33.0 SAFETY AND CODE REQUIREMENTS .................................................................................. 10 34.0 CONCEALED OR UNKNOWN CONDITIONS .......................................................................... 12 35.0 DELAYS AND EXTENSIONS ................................................................................................... 12 36.0 HAZARDOUS MATERIALS ..................................................................................................... 12 37.0 ROYALTIES AND PATENTS ................................................................................................... 12 38.0 ILLEGAL IMMIGRANT LABOR ............................................................................................... 13 39.0 FOREIGN LANGUAGE TRANSLATOR REQUIREMENT ........................................................ 13 40.0 EMPLOYMENT OF CHILD SEX OFFENDERS AND OTHER CRIMINAL OFFENDERS ......... 13 41.0 CRIMINAL BACKGROUND CHECKS FOR CONTRACTORS................................................. 14 42.0 MINORITY BUSINESS ENTERPRISE PARTICIPATION ......................................................... 14 43.0 PREVAILING WAGE-SCHOOL CONSTRUCTION .................................................................. 15 44.0 CONFLICT OF INTEREST ....................................................................................................... 15 45.0 LABOR AND RATES OF PAY ................................................................................................. 15 46.0 DEBRIEFING............................................................................................................................ 15 47.0 PROCUREMENT-INVESTMENT ACTIVITIES IN IRAN ........................................................... 15 48.0 IT ACCESSIBILITY PROGRAM ............................................................................................... 15 49.0 FORCE MAJEURE ................................................................................................................... 16 RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC REQUEST FOR PROPOSAL ................................................................................................................... 17 1. PURPOSE ................................................................................................................................ 17 2. BACKGROUND ....................................................................................................................... 17 3. SCOPE OF SERVICES ............................................................................................................ 18 4. JOB ORDER CONTRACTING OVERVIEW ............................................................................. 19 5. PROJECT DELIVERY ORDER PROCEDURES ...................................................................... 19 6. MAP OF GEOGRAPHICALREGIONS...................................................................................... 21 7. AWARD PROCESS.................................................................................................................. 22 8. PROPOSAL PRICING: CONSTRUCTION COST CATALOG (CTC) AND ADJUSTMENT FACTORS ................................................................................................................................ 22 9. FEES ........................................................................................................................................ 24 10. UNBALANCING OF PROPOSALS .......................................................................................... 25 11. COMPETITIVE RANGE ............................................................................................................ 25 12. SCHEDULE OF ACTIVITIES .................................................................................................... 25 13. OFFEROR REQUIREMENTS ................................................................................................... 25 14. SPECIAL CONDITIONS ........................................................................................................... 25 15. AWARD .................................................................................................................................... 25 16. CONTRACT TERM .................................................................................................................. 26 17. RFP CLOSING DATE ............................................................................................................... 26 18. DELIVERY OF PROPOSALS ................................................................................................... 26 19. NON-MANDANTORY PRE-PROPOSAL CONFERENCE ........................................................ 26 20. PROPOSAL FORMAT: TWO-PART SUBMISSION ................................................................. 26 21. QUESTIONS CONCERNING RFP ........................................................................................... 27 22. OFFERORS RESPONSIBLITIES ............................................................................................. 27 23. INSURANCE REQUIREMENTS ............................................................................................... 27 24. PRESENTATIONS BY OFFERORS ......................................................................................... 28 25. WRITTEN EVALUATION CRITERIA ........................................................................................ 28 26. SCORING ................................................................................................................................. 28 27. SUBMITTAL REQUIREMENTS: TWO-PART SUBMISSION ................................................... 28 ATTACHMENT A .............................................................................................................................. 31 ATTACHMENT B .............................................................................................................................. 32 ATTACHMENT C .............................................................................................................................. 37 ATTACHMENT D .............................................................................................................................. 37 RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 1 Board of Education of Harford County, Maryland Procurement Department 102 South Hickory Avenue, Third Floor, Suite 310 Bel Air, Maryland 21014 GENERAL TERMS AND CONDITIONS Request for Proposal Instruction to Offerors The following provisions, where applicable, will become part of any contractual relationship developed as a result of the proposal solicitation. 1.0 A REQUEST FOR PROPOSAL SUBMISSION 1.1 The Board of Education of Harford County hereinafter referred to as Harford County Public Schools or HCPS, invites all interested and qualified Offerors to submit a proposal. These specifications and requirements identified in the attached statement of work and detailed specification are intended to cover the service(s) requested. 1.2 In accordance with State law and HCPS policies, solicitations shall be published a minimum of fourteen (14) calendar days in advance of due date for any proposal having a potential award value of $25,000 or more. 1.3 Unless otherwise indicated, HCPS shall receive proposals until the date and time indicated on proposal or as modified by addenda. Proposals must be submitted via email to bids@hcps.org and clearly marked on the subject line: Solicitation/Proposal Number and Solicitation Title. Late proposals will be rejected and returned unopened. 1.4 The Offeror or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, circumstances, prerequisites, qualifications and/or specifications before submitting their proposal. An Offeror’s failure to become fully informed is at the Offeror’s sole and complete risk of loss. The Offeror shall have no right to any damages, cost and/or any other remedy at law or equity against HCPS for any miscalculation, misunderstanding, error (either omissions or commissions), mistake, misinterpretation, and/or the failure by the Offeror to obtain an award of proposal, award of contract and/or profits, fees or money from HCPS when the Offeror failed to fully inform themselves. In the case of error in extension of prices in the Proposal, the unit price shall govern, or the entire proposal may be declared non-responsive. 2.0 PROPOSAL PREPARATION, PROPOSAL SHEET, AND PROPOSAL OPENING 2.1 Offeror must electronically submit one (1) original with original signatures of the RFP using HCPS proposal forms. The Offeror should make and retain one original (1) copy of the Proposal for their files. Proposals must be signed and submitted by an authorized representative of the Offeror. 2.2 Signed proposals must be returned electronically via e-mail to bids@hcps.org, ONLY. HCPS will not accept any facsimile transmission or electronic submission to HCPS Procurement Agents, representatives, or employees. It is the Offeror(s) responsibility to verify that the RFP has been received at Jennifer.Horner@hcps.org, prior to the due date. ‘Read Receipts’ are not sufficient. Offerors may contact the Buyer listed within the solicitation, by email or phone, to confirm receipt of RFP. 2.3 Each proposal should show the full business address, telephone number, fax number, email address, and federal tax identification number of the Offeror and be signed by the person or persons legally authorized to sign contracts. All correspondence concerning the Proposal and Contract, including Letter of Intent, copy of Contract, and Purchase Order, will be e-mailed to the address shown on the Proposal in the absence of written instructions from the Offeror to the contrary. 2.4 All Offerors shall be required to complete the certificates and/or affidavits, and/or acknowledgements that are incorporated into the proposal pages of this specification. Such documents are required by Local, State or Federal funding agencies of HCPS as part of the solicitation process. The documents may include but are not limited to: Anti-Bribery Affidavit, Debarment Certificate, Employment of Sex mailto:bids@hcps.org mailto:bids@hcps.org mailto:bids@hcps.org RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 2 Offenders and Other Criminal Offenders Affidavit, Sales Tax Certification, Minority Offeror Status, and any others that may be required. 2.5 Proposal Due Date 2.5.1 Proposals for the requirements identified in the attached statement of work and detailed specifications, as required by the Board of Education of Harford County, are due at the time and date so specified. Unless otherwise indicated, proposals are due, electronically, to the Procurement Department, at bids@hcps.org. 2.5.2 The Board of Education of Harford County must approve contract awards of $100,000 or more. Formal contract award is contingent upon the required Board approval. 2.5.3 Offerors may correct a minor irregularity and minor irregularities may be waived. A minor irregularity is one that is merely a matter of form and not of substance or pertains to an immaterial or inconsequential defect or variation in a RFP, the correction or waiver of which would not be prejudicial to other offerors. When so noted, minor irregularities may be corrected within forty-eight (48) hours following notification. 2.5.4 HCPS also reserves the right to reject any or all proposals and/or waive technical defects and minor irregularities at the discretion of the Supervisor of Procurement, HCPS or designee if, in within five (5) working days prior to the proposal due date. 2.5.5 Omission of any specification or details of any specification which would normally apply to the service(s) described herein its judgment the interests of HCPS shall so require. Proposals may be withdrawn before the scheduled time due. Withdrawal is not permitted after the scheduled time due. 2.5.6 Any omissions, errors, conflicts, or discrepancies in this document shall be called to the attention of HCPS IN WRITING, via e-mail to Jennifer.Horner@hcps.org, shall not relieve the Offeror from fulfilling those required specifications needed to provide service best suited to the intended purpose of this contract as determined by the Supervisor of Procurement. 2.6 At the time of the solicitation opening each Offeror will be presumed to have read and to be thoroughly familiar with the specifications and related documents (including all Addenda). The failure or omission of any Offeror to receive or examine any form, instrument, or document, shall in no way relieve them from any obligation in respect of its proposal. 3.0 AWARD OR REJECTION OF PROPOSALS 3.1 This document is a Request for Proposal (RFP) which differs from an Invitation for Bid in that HCPS is seeking a proven solution for the requirements described in the RFP document. As such, while price is a primary evaluation criterion, it is not the only determining factor regarding the contract award. 3.2 As defined by the American Bar Association Model Procurement Code, Competitive Sealed Proposals (RFP) will be evaluated based upon criteria formulated around the most important features of a service, of which quality, testing, reference, and technical expertise and capability may be overriding factors, and price may not be determinative in the issuance of a contract or award. 3.3 The Proposal evaluation criteria should be viewed as standards that measure how well a proposal meets the intended outcomes described in the performance work statement. Those criteria that will be used and considered in evaluation for award are set forth in this document. 3.4 All proposal documents will become the property of HCPS. Proposals must be submitted in accordance with the requirements set forth in this RFP. 3.5 The Board of Education reserves the right to reject any or all proposals, and/or waive technical defects if, in its judgment the interests of the Board shall so require. Minor differences in the specifications or other minor technicalities may be waived at the discretion of Supervisor of Procurement or upon recommendation to the Board of Education. mailto:bids@hcps.org mailto:Jennifer.Horner@hcps.org RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 3 3.6 The Board of Education reserves the right to reject the Proposal of firms who have demonstrated performance deficiencies or who have previously failed to perform properly or complete other Board contracts on time. 3.7 The Board reserves the right to award to contract within ninety (90) days from the due date and all pricing must remain firm during that period and until the time of award. 4.0 REMEDIES AND TERMINATION 4.1 Correction of Errors, Defects, and Omissions – The Awarded Offeror agrees to perform work as may be necessary to correct errors, defects, and omissions in the services required under this agreement without undue delays and without cost to HCPS. The acceptance of the work set forth herein by HCPS shall not relieve the Awarded Offeror of the responsibility. 4.2 Set-Off – HCPS may deduct from and set-off against any amounts due and payable to the Awarded Offeror any back-charges or damages sustained by HCPS by virtue of any breach of this agreement by the Awarded Offeror to perform the services or any part of the services in a satisfactory manner. Nothing herein shall limit the liability of the Awarded Offeror for damages and HCPS may affirmatively collect damages from the Awarded Offeror. 4.3 Termination for Default 4.3.1 If the Awarded Offeror fails to fulfill its obligations under this contract properly and on time, otherwise violates any provision of the Contract, HCPS may terminate the Contract by written notice to the Awarded Offeror. The notice shall specify the acts of omissions relied on as cause for termination. 4.3.2 All finished or unfinished supplies and services provided by the Awarded Offeror, shall at HCPS’ option, become HCPS property. HCPS shall pay the Awarded Offeror fair and equitable compensation for satisfactory performance prior to receipt of Notice of Termination, less the amount of damages caused by the Awarded Offeror’s breach. 4.3.3 If the damages are more than the compensation payable to the Awarded Offeror, the Awarded Offeror will remain liable after termination and HCPS can affirmatively collect damages. 4.4 Termination for Convenience – HCPS may terminate all or part of the work required under this contract for the convenience of HCPS with a thirty (30) day notification. In the event of such termination, the Contract Administrator shall determine the costs the Awarded Offeror has incurred to the date of termination and such reasonable costs associated with the termination. HCPS shall pay such costs as determined by the Contract Administrator to the Awarded Offeror together with reasonable profit reasonably earned by the Awarded Offeror to the time of termination but not to include any profit not earned as of the date of termination. 4.4.1 Termination for Non-Appropriation. HCPS reserves the right to terminate this contract, in whole or part, due to non-appropriation of funds or funds that are otherwise made unavailable to support continuation in any fiscal year succeeding the first fiscal year. Notification of contract termination will be given to the Awarded Offeror thirty (30) days in advance and will be in effect at the beginning of the fiscal year for which funds are not available. The Awarded Offeror may not recover anticipatory profits or costs incurred after termination. 4.5 Obligations of Awarded Offeror upon Termination – Upon Notice of Termination as provided in Sections 4.3 and 4.4, the Awarded Offeror shall: 4.5.1 Take immediate action to orderly discontinue its work and demobilize its work force to minimize the occurrence of costs. 4.5.2 Take such action as may be necessary to protect the property of HCPS, place no further orders or subcontract, assign to HCPS in the manner and to the extent directed by HCPS all of the right, title and if ordered by HCPS possession and interest of Awarded Offeror under the orders or subcontracts terminated. RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 4 4.5.3 Deliver to HCPS all materials, equipment, data, drawings, specifications, reports, estimates, and such other information accumulated by the Awarded Offeror which has been or will be reimbursed under this agreement after taking into account any damages that may be payable to HCPS. Title to such items shall be transferred to HCPS. 4.6 Remedies Not Exclusive – The rights and remedies contained in this general condition are in addition to any other right or remedy provided by law, and the exercise of any of them is not a waiver of any other right or remedy provided by law. 5.0 MULTI-AGENCY PROCUREMENT 5.1 HCPS reserves the right to extend the terms and conditions of this contract to any and all other government agencies within the State of Maryland, as well as any other federal, state, municipal, county, or local governmental agency under the jurisdiction of the United States and its territories. This is conditioned upon the Contractors’ approval and all purchase and payment transactions will be made directly between the Contractor and the requesting public agency. 5.2 HCPS assumes no authority, liability, or obligation, on behalf of any other public or non-public entity that may use any contract resulting from this Request for Proposal. All purchases and payment transactions will be made directly between the Awarded Offeror and the requesting entity. Any exceptions to this requirement must be specifically noted in the proposal response. 6.0 ORDER OF PRECEDENCE In the event of an inconsistency among provisions of this Request for Proposal, the inconsistency shall be resolved by the following order of precedence: 6.1 Purchase Order or Notice to Proceed which may include plans, drawings, additional terms and conditions, and supplemental technical specifications. 6.2 Section One: 6.2.1 Harford County Public Schools Instruction to Offerors & Terms and Conditions 6.2.2 Special Conditions, Scope, and Project Information 6.2.3 Award Process 6.3 Section Two: 6.3.1 Proposal Submission and Required Forms 6.4 Section Three: 6.4.1 Job Order Contracting General Terms and Conditions 6.4.2 Requirement of Cooperative Contract 6.5 Section Four 6.5.1 Construction Task Catalogs 6.6 Section Five 6.6.1 Technical Specifications 7.0 CONTRACT The Proposal with respect to all items accepted, addenda, agreements and all papers and documents accompanying the same, including these general and special conditions of the RFP shall constitute the formal contract between the Offeror and HCPS. 8.0 WAIVER OF RIGHT The Awarded Offeror agrees that it and its parent, its affiliates and subsidiaries, if any; waive the right to offer on any procurement contract, of any tier, resulting from the services to be provided under this agreement. RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 5 9.0 INITIATION OF WORK The Offeror shall not commence performance of the services until it receives a formal written notice from HCPS in the form of a Contract, Purchase Order, or Notice to Proceed from the Supervisor of Procurement or designated Procurement Agent. 10.0 TAXES AND PERMITS 10.1 Materials, which are incorporated into work under formal or informal contracts, are not exempt from the Maryland State Sales or Use Tax. Awarded Offerors shall be responsible for paying such taxes when purchasing materials. HCPS tax-exempt certificates cannot be used by contract awardees. 10.2 For work performed for HCPS, Awarded Offerors shall obtain and pay for any permits required and provide a copy to HCPS as well as post a copy on site. 10.3 For work performed for HCPS, no charge will be allowed for federal, state, or municipal sales and excise taxes from which HCPS is exempt. The cost proposal shall be net and shall not include any tax. Exemption certificates, if required, will be furnished on forms provided by the Awarded Offeror. HCPS is specifically exempt from retail sales tax under Maryland Certificate 3000120-1. Harford County Public Schools, Maryland is a political organization of the State of Maryland under the “Code of Maryland-Title 13A”. The Internal Revenue Code Section 501 specifically exempts political organizations from Federal Income Tax. Harford County Public Schools, Maryland Federal Tax ID is #52-6000955. 11.0 BILLING AND PAYMENTS 11.1 Each invoice shall list the purchase order number or contract number of HCPS and the items on the invoice shall be listed in the same order as on the purchase order. Unless otherwise instructed, the Contractor will submit invoice payment requests to the Accounts Payable Office, 102 S. Hickory Avenue, Bel Air, Maryland 21014, unless otherwise specified. 11.2 Payment in full will only be made upon completion of contract. Milestone/progress payments must receive the prior approval. 11.3 Standard HCPS payment terms are net thirty (30) days. 11.4 HCPS will not pay freight bills, unless stated otherwise. Delivery shall be F.O.B., to the destination(s) as noted on Purchase Order. 12.0 GOVERNING LAW AND DISPUTE RESOLUTION 12.1 Any contract shall be construed in accordance with, and interpreted under, the laws of the State of Maryland. Any lawsuits arising out of such RFP shall be filed in the appropriate State Court located in Harford County, Maryland. 12.2 Alternative Dispute Resolution (ADR) may be used at HCPS's sole discretion, but HCPS is not obligated to utilize ADR. 13.0 FREEDOM OF INFORMATION ACT 13.1 Offerors should 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 of why such materials, upon request, should not be disclosed by HCPS. Blanket requests for the entire proposal to be held confidential will not be considered. 13.2 HCPS shall determine, in its sole discretion, which (if any) portions of the Offeror’s proposals shall be confidential. It is the responsibility of the Offeror to clearly mark such information (pages) as “Confidential”. RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 6 14.0 ADDENDA 14.1 All changes to the Proposal Specifications will be made through appropriate Addenda issued from the Procurement Department. 14.2 Addenda notices will be posted on the Procurement Department web site at www.hcps.org, as well as eMaryland Marketplace. 14.3 No Addenda will be issued later than five (5) days prior to the date for receipt of proposals except an Addendum withdrawing the request for proposals or one which postpones the date for receipt of proposals. 14.4 Each Offeror shall ascertain prior to submitting a Proposal that they have received all Addenda issued and the Offeror shall acknowledge their receipt on the Addenda Form. The Addenda Form shall be completed and returned with the Proposal response. Failure to return the Addenda Form may be reason for rejection of the Proposal. 15.0 COMPLIANCE WITH LAW 15.1 The Awarded Offeror herby represents and warrants that it is qualified to do business in the State of Maryland and that it will take such action as, from time-to-time hereafter, may be necessary to remain so qualified. 15.2 The Awarded Offeror herby represents and warrants it is not arrears with respect to the payment of any monies due and owing the County or State, of any department or agency thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this agreement. 15.3 The Awarded Offeror shall comply with all Federal, State and Local law, ordinances and legally enforceable rules and regulations applicable to its activities and obligations under this agreement. 15.4 The Awarded Offeror must, at its expense, obtain any and all licenses, permits, insurance, and governmental approval required by Local, State, and Federal authorities, if any, necessary to perform its obligations under this agreement. 15.5 The Offeror at the time of proposal opening must be fully licensed in all trades or special areas that require a license by Local, State, and Federal authorities. 15.6 It is the Awarded Offeror’s responsibility to notify HCPS of lapses in, suspension of or termination of special permits and licenses required under the Contract. 15.7 That the facts and matters set forth hereafter in the “Contract Affidavit” which is attached to this agreement and made a part hereof are true and correct. 16.0 RESPONSIBILITY FOR CLAIMS AND LIABILITY 16.1 To the fullest extent permitted by law, the Indemnitor shall indemnify, defend and hold the Indemnitee and its employees, agents, officials or volunteers harmless from and against any and all claims, losses, damages, expenses, causes of action and liabilities including without limitations, attorney’s fees arising out of or related to the Indemnitor’s occupancy or use of the Indemnitee’s premises or operations incidental thereto, provided that any such claim, loss, damage, expense, cause of action or liability is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including loss of use resulting there from. Indemnitor expressly indemnifies Indemnitee for the consequences of any negligent act or omission of the Indemnitor or any of the Indemnitor’s employees, agents, officials or volunteers or anyone for whose acts the Indemnitor may be liable, unless such act or omission constitutes gross negligence or willful misconduct. 16.2 In claims against any person or entity indemnified within this indemnification by an employee of the Awarded Offeror, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation shall not be limited by a limitation on amount or http://www.hcps.org/ RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 7 type of damages, compensation or benefits payable by or for the Awarded Offeror or a subcontractor under Workers' Compensation Acts, Disability Benefit Acts, or other employee benefit acts. 17.0 INSURANCE 17.1 Review in detail the insurance requirements contained in the attached document. These requirements have been established by the Maryland Association of Boards of Education Group Insurance Pool. Failure to comply with these insurance requirements may render the proposal as non-responsive. 17.2 The Awarded Offeror shall take proper safety and health precautions and to protect their work, their employees, the public and the property of others from any damage or injury resulting solely from the performance of the work described herein. 17.3 HCPS shall not be liable for any injuries to the employees, agents, or assignees of the Awarded Offeror arising out of, or during the course of the contracted work relating to this agreement. 17.4 The Awarded Offeror has in force, or shall obtain, and will maintain insurance in not less than the amounts specified and accordance with the requirements contained in the attached insurance requirements. 18.0 STAFF The Awarded Offeror shall utilize the personnel named and/or otherwise identified in its proposal to perform services required. In the event that any of the personnel named are unable to perform because of death, illness, resignation from the Awarded Offeror’s employ, or similar reasons, the Awarded Offeror shall promptly submit to the Contract Administrator, in writing, the name and qualifications of the proposed replacement. No substitutions shall be made without the proper written approval of the Contract Administrator and the Supervisor of Procurement. 19.0 DRUG, TOBACCO, AND ALCOHOL All HCPS properties are "drug, tobacco, and alcohol-free zones" as designated by Local and State laws. Neither the Awarded Offeror or their employees (or subcontractors) are permitted to have any drugs, tobacco, or alcohol products on HCPS property. Use or possession of such items on HCPS property will result in immediate termination of the Contract. 20.0 PROTEST AND APPEAL PROCESS Any Offeror objecting to the recommendation for award, or the award of contract may appeal the action to the Supervisor of Procurement by formal notification in writing within ten (10) business days of award. A formal written response to the appeal shall be issued within thirty (30) days following receipt of the formal protest. The decision of the Supervisor of Procurement may be appealed to the Superintendent of Schools within five (5) business days following receipt of decision from the Supervisor of Procurement. The decision of the Superintendent is final and conclusive. 21.0 NONDISCRIMINATION 21.1 The Awarded Offeror shall comply with all Federal and State anti-discrimination laws in the performance of this contract. 21.2 The Harford County Public School System (HCPS) does not discriminate on the basis of race, color, sex, age, national origin, religion, sexual orientation, gender identity, marital status, genetic information, or disability in matters affecting employment or in providing access to programs to employees. Inquiries related to the non-discrimination policy of the Board of Education of Harford County should be directed to the Supervisor of Equity and Cultural Proficiency, 410-809-6065. 21.3 The Awarded Offeror shall furnish, if requested by HCPS, a compliance report concerning their employment practices and policies in order for HCPS to ascertain compliance with the special provisions of this contract concerning discrimination in employment. RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 8 21.4 In the event the Awarded Offeror is deemed noncompliant with the nondiscrimination clause of this contract, this contract may be canceled, terminated or suspended in whole or in part. 22.0 NON-HIRING OF EMPLOYEES BY AWARDED OFFEROR OR HCPS 22.1 No employee of the HCPS or any unit thereof, whose duties as such employee include matters relating to or affecting the subject matter of this contract, shall, while so employed, become or be an employee of the party or parties hereby contracting with the HCPS or any unit thereof. 22.2 No employee of the Awarded Offeror or any unit thereof, whose duties as such employee include matters relating to or affecting the subject matter of this contact, shall, while so employed, become or be an employee of the party or parties hereby contracting with the Awarded Offeror or any unit thereof. 23.0 FINANCIAL DISCLOSURE The Awarded Offeror shall comply with the provisions of Section 13-221 of the State Finance and Procurement Article, Annotated Code of Maryland, which requires that every business that enters into contracts, leases or other agreements with the State of Maryland or its agencies, including school districts, during a calendar year under which the business is to receive in the aggregate $100,000 or more, shall within thirty (30) days of the time when the aggregate value of these contracts, leases or other agreements reached $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. 24.0 POLITICAL CONTRIBUTION DISCLOSURE Awarded Offeror shall comply with the provisions of Section 14-101 et seq. of the Election Law Article of the Maryland Code, which require 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, including school districts, during a calendar year under which the person receives in the aggregate $10,000 or more, shall, on or before February 1 of the following year, file with the Secretary of State of Maryland certain specified information to include disclosure of political contributions in excess of $100 to a candidate for elective office in any primary or general election. 25.0 RETENTION OF RECORDS The Awarded Offeror shall retain and maintain all records and documents relating to this contract for three (3) years after final payment by HCPS hereunder or any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of HCPS or designee, at all reasonable times. 26.0 LANGUAGE/GENDER 26.1 Proposer, offeror, vendor, consultant, firm and contractor all have the same meaning and may be used interchangeably. 26.2 The Board of Education of Harford County is also referred to as HCPS, Harford County Public Schools, and Board of Education which may be used interchangeably. 26.3 Proposal and offer all have the same meaning and can be used interchangeably. 27.0 DISSEMINATION OF INFORMATION During the term of this agreement, the Awarded Offeror shall not release any information related to the services or performance of the services under this agreement nor publish any final reports or documents without prior written approval of HCPS. 28.0 INSPECTIONS/CORRECTION OF WORK All work and materials, all processes of manufacturer, and all methods of construction shall be at all times and places subject to the inspection of HCPS or Participating Public Agency who shall be the final judge of the quality RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 9 and suitability of the work, materials, process of manufacturer and methods of construction for the purposes for which they are contracted and used. Should they fail to meet the necessary approval, they shall be corrected, made good or replaced at the Contractor’s expense, and to the complete satisfaction of HCPS or Participating Public Agency. Rejected material shall be immediately removed from the site. Failure to correct the work shall be grounds for immediate termination of the Contract. 29.0 AWARDED OFFEROR’S OBLIGATION 29.1 The Awarded Offeror 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, as decided by HCPS, and as described herein. Deviations, exceptions, alternates, etc., may render the proposal as non-responsive. 29.2 The Awarded Offeror shall perform the services with that standard of care, skill, and diligence normally provided by an Awarded Offeror in the performance of services similar to the services hereunder. 29.3 Notwithstanding any review, approval, acceptance, or payment for the services by HCPS, the Awarded Offeror shall be responsible for professional and technical accuracy of its work furnished by the Awarded Offeror under this agreement. 29.4 HCPS review, approval, or acceptance of, nor payment for, any of the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Awarded Offeror shall be and remain liable to HCPS in accordance with applicable law for all damages to HCPS caused by the Awarded Offeror’s negligent performance of any or the services furnished under this contract. 29.5 The rights and remedies of HCPS provided for under this contract are in addition to any rights and remedies provided by law. 29.6 In case of any apparent conflict between the specifications and such laws, ordinances, etc., the Awarded Offeror shall call the attention of the applicable HCPS designee(s) to such conflict for a decision before proceeding with any work. 29.7 Any deviations to the specifications or statement of work must be clearly noted in detail by the Offeror, in writing, at the time of submittal of the formal proposal. 29.8 The Awarded Offeror shall and will, in good professional manner, do and perform all services, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract, within the time herein specified, in accordance with the provisions of this contract and said specifications and in accordance with the specifications covered by this contract and any and all supplemental specifications, and in accordance with the directions of the Board of Education as given from time to time during the progress of the work. The Awarded Offeror shall observe, comply with and be subject to all terms and conditions, requirements and limitations of the Contract and Specifications and shall do, carry on and complete the entire work to the complete satisfaction of the Board of Education. 29.9 Awarded Offeror may be required pursuant to the Business Regulation Article of the Maryland Code, to provide proof of Certificate of Registry. 30.0 CHANGES, ALTERATIONS, OR MODIFICATIONS 30.1 HCPS shall have the right, at its discretion, to change, alter, or modify the services provided for in this agreement and such changes, alterations, or modifications may be made even though it will result in an increase or decrease in the services of the Awarded Offeror or in the Contract cost thereof. 30.2 If such changes cause an increase or decrease in the Awarded Offeror’s cost of, or time required for, performance of any service under this contract, whether or not changed by an order, an equitable adjustment shall be made, and the Contract shall be modified in writing accordingly. Any claim of the Awarded Offeror for adjustment under this clause must be asserted in writing with thirty (30) days form the date of receipt by the Awarded Offeror of the notification of change unless the Project Manager or RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 10 his duly authorized representative grants a further period of time before the date of final payment under the Contract. 30.3 No services for which an additional cost or fee will be charged by the Awarded Offeror without prior written authorization of HCPS. 31.0 GUARANTEE AND WARRANTY 31.1 The Awarded Offeror shall unconditionally guarantee the materials and workmanship of all equipment and materials furnished by the Awarded Offeror, its subcontractors or suppliers for a period of at least one year from the date of acceptance of the installation by HCPS or Participating Public Agency unless otherwise stated by Participating Public Agency. If the manufacturer warrants equipment for a period longer than one year, the Awarded Offeror shall pass through this extended warranty to HCPS or Participating Public Agency. 31.2 In the event the Awarded Offeror fails to repair, replace, adjust, rectify, remedy, correct or complete the items, defects, deterioration, faulty design or installation and/or un-workmanlike performance, then HCPS or Participating Public Agency may have the right to secure the services of another contractor to correct the work or complete the performance required by the award of this proposal. The Awarded Offeror shall be solely responsible for any and all cost, expenses and monies due the new contractor unless otherwise stated by Participating Public Agency. 31.3 The Awarded Offeror must act as the manufacturer’s agent for all warranty claims unless otherwise stated by Participating Public Agency. 32.0 SUBCONTRACTING OR ASSIGNMENT The benefits and obligations hereunder shall inure to and be binding upon the parties hereto and their respective successors and assigns, provided any such General Provisions for Professional Services successor to the Awarded Offeror, whether such successor or assign be an individual, a partnership, or a corporation, is acceptable to HCPS, and neither this agreement or the services to be performed thereunder shall be subcontracted, or assigned, or otherwise disposed of, either in whole or in part, except with the prior written consent of HCPS. 33.0 SAFETY AND CODE REQUIREMENTS 33.1 Unless otherwise stated by Participating Public Agency, all materials and labor shall comply with the following requirements: 33.2 Awarded Offeror shall comply with all Federal, State, and Local laws, ordinances and regulations with the Authorities Having Jurisdiction (AHJ) pertaining to work under their charge, and these shall be construed as the minimum requirements of these specifications. 33.3 Awarded Offeror shall provide all equipment and machinery furnished and delivered to HCPS complying with the safety regulations as required by OSHA and the Maryland State Safety Health Act known as MOSHA meeting the CFR-1910 MOSH Standard. 33.4 Awarded Offeror shall submit Safety Data Sheets (SDS) for all supplies, materials, equipment or any other substances furnished and/or installed under this proposal in accordance with OSHA Hazardous Communication Standard 29 CFR 1910.101, 29 CFR 1910.1200 and 29 CFR 1926.58 or any other applicable state, federal, or local regulation. The Awarded Offeror must submit SDS sheets to each school or facility that receives any such supplies, materials, equipment or any other substances furnished and/or installed by the Awarded Offeror. Failure on the part of the Awarded Offeror to furnish the necessary SDS sheets will result in the withholding of final payment. 33.5 Standards are as defined in the latest issue from the following: AABC Associated Air Balance Council ADC Air Diffusion Council AGA American Gas Association ADA American's With Disabilities Act RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 11 AMCA Air Moving and Conditioning Association ANSI American National Standards Institute ARI Air Conditioning and Refrigeration ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASTM American Society of Testing and Materials AWS American Welding Society AWWA American Water Works Association BOCA Building Officials and Code Administrators COBA Council of American Building Officials CPSC Consumer Product Safety Commission CS Commercial Standard FM Factory Mutual IBR Institute of Boiler and Radiator Manufacturers IEEE Institute of Electrical and Electronics Engineers MSSP Manufacturers Standards Society of the Valve and Fittings Industry NEC National Electrical Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association SMACNA Sheet Metal and Air Conditioning Contractors National Association TEMA Tubular Exchanger Manufacturers Association TIMA Thermal Insulation Manufacturers Association UL Underwriters Laboratories 33.6 No new, replacement or restoration materials shall contain asbestos or asbestiform minerals in an amount greater than 0.0% as determined by Polarized Light Microscopy (PLM) as prescribed in Federal Regulation 40 CFR 763.87. For materials that are tightly bound (e.g. floor tile, roofing asphalt and felts, adhesive/mastic, caulk, glaze, etc.) and for which PLM analysis is not conclusive, transmission electron microscopy must be used for analysis. If no commercially available material meets this criterion, written authorization for use of the material shall be obtained from the HCPS Project Manager. All materials delivered to or used on HCPS property must be accompanied by a manufacturer’s certification to be asbestos free, based upon criterion above. The Material Safety Data Sheet may not be used for this purpose. 33.7 No new, replacement or restoration materials shall contain lead in an amount greater than 0.00 milligrams per liter or 0.00 milligrams per kilogram. If no commercially available material meets either criterion, written authorization for use of the material shall be obtained from the HCPS Project Manager. 33.8 All Harford County codes and regulations including the latest edition of The International Building Code are relevant. 33.9 The contractor shall provide HCPS the professional and technical support to satisfy the Harford County Building Permit process. Any scope of work and or construction documents need to be reviewed with Harford County, County Municipalities and the Office of the State Fire Marshal if applicable. A HCPS representative should be notified of each meeting and HCPS reserves the right to attend any and all meetings held with Harford County, County Municipalities and the Office of the State Fire Marshal. The contractor shall generate meeting notes for each meeting and advise HCPS, in writing, how each of the authorities’ having jurisdiction (AHJ) comments and concerns will be met and or resolved. A project will fall under the County or one of the three municipalities. They are as follows: A. Harford County Government 220 South Main Street Bel Air, MD 21014 B. Town of Bel Air 705 Churchville Road Bel Air, MD 21014 C. City of Aberdeen 60 N. Parke Street Aberdeen, MD 21001 RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 12 D. City of Havre de Grace 711 Pennington Avenue Havre de Grace, MD 21078 33.10 Awarded Offeror shall insure that all modifications address the provisions of the ADA. 34.0 CONCEALED OR UNKNOWN CONDITIONS In the performance of any work or services, if the Awarded Offeror encounters conditions at the Facilities that are(1) subsurface if otherwise concealed physical conditions that differ materially from those indicated on the drawings furnished by HCPS (or Participating Public Agency) or (2) unknown physical conditions of an unusual nature that differ materially from those conditions normally found to exist and generally recognized as inherent in the construction activities if the type and character as that which is described, then the Awarded Offeror shall notify HCPS (or Participating Public Agency) of such conditions promptly, prior to significantly disturbing the same, and in no event later than 2 days after the first observation the conditions. If such conditions differ materially and cause an increase or decrease in the Awarded Offeror’s cost of, or time required for, performance of any part of the work or services, the Awarded Offeror shall be entitled to, and HCPS (or Participating Public Agency) shall consent in writing to, an equitable adjustment in the amounts paid to the Awarded Offeror pursuant to this Agreement, the times for performance or both. 35.0 DELAYS AND EXTENSIONS The Awarded Offeror shall pursue the work continuously and diligently and no charges or claims for damages shall be made by the Awarded Offeror for any delays, acceleration or hindrance, from any cause whatsoever, during the progress of any portion of the services specified in this agreement. Such delays, acceleration or hindrances, if any, may be compensated for by an extension of time for such reasonable period as HCPS may decide. Time extensions will be granted only for excusable delays such as delays beyond the control of and without the fault or negligence of the Awarded Offeror. 36.0 HAZARDOUS MATERIALS 36.1 The Awarded Offeror’s work and other services pursuant to or in connection with this Agreement includes work connected and associated with asbestos, lead, polychlorinated biphenyl ("PCB"), fluorescent light bulbs, or other hazardous materials (hereinafter, collectively, "Hazardous Materials"). The Awarded Offeror shall be required to perform identification, abatement, cleanup, control, and removal of Hazardous Materials. HCPS warrants and represents that, except as set forth in the Technical Proposal, there are no Hazardous Materials on the Facilities that will in any way affect the Awarded Offeror’s work or any other services and HCPS has disclosed to the Awarded Offeror the existence and location of any Hazardous Materials in all areas within which the Awarded Offeror will be performing any part of the work or other services. The existence or location of any Hazardous Materials that have been disclosed by HCPS to the Awarded Offeror prior to the execution hereof, or that were otherwise identified in the Technical Specifications, shall be the exclusive responsibility of the Awarded Offeror. 36.2 Should the Awarded Offeror become aware of or suspect the presence of Hazardous Materials, other than already disclosed by HCPS within the Technical Specifications, the Awarded Offeror shall immediately stop work in the affected area and notify HCPS. HCPS will be responsible for taking any and all actions necessary to correct the condition in accordance with all applicable laws and regulations. The Awarded Offeror shall be required to resume performance of the work or any HCPS requested work in the affected areas only in the absence of Hazardous Materials or when the affected area has been rendered harmless. Except as set forth in the Technical Specifications, the Awarded Offeror shall not be obligated to transport or handle Hazardous Material, to provide any notices to any governmental authority or agency, or to inspect or examine the Facilities for the presence of Hazardous Material. 37.0 ROYALTIES AND PATENTS The Awarded Offeror shall pay all royalties and license fees. The Awarded Offeror shall defend suits or claims for infringement of patent rights and shall hold HCPS, Construction Manager, and/or the Architect/Engineer/Designer harmless from loss on account thereof but shall not be responsible for such defense or loss when a particular design process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Awarded Offeror has reason to believe that the required design RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 13 process or product is an infringement of a patent, the Awarded Offeror shall be responsible for such loss unless such information is promptly furnished to HCPS and/or the Architect/Engineer/Designer. 38.0 ILLEGAL IMMIGRANT LABOR The use of illegal immigrant labor to fulfill contracts solicited by HCPS is in violation of the law and is strictly prohibited. Contractors and subcontractors must verify employment eligibility of workers in order to assure that they are not violating Federal/State/Local laws regarding illegal immigration. A compliance audit may be conducted. 39.0 FOREIGN LANGUAGE TRANSLATOR REQUIREMENT 39.1 HCPS requires the Awarded Offeror to have on site, a full-time interpreter that is fluent in speaking and understanding an employee’s native language if the Contractor has on site an employee that does not speak English. 39.2 Failure of the Awarded Offeror to have on site, full time, an interpreter that is fluent in speaking and understanding an employee’s native language for those employees that do not speak English is reason for immediate Termination for Cause. 40.0 EMPLOYMENT OF CHILD SEX OFFENDERS AND OTHER CRIMINAL OFFENDERS 40.1 If a child sex offender, as determined by the definitions contained in the Criminal Law Article of the Annotated Code of Maryland, is employed by the Awarded Offeror, the Awarded Offeror is prohibited from assigning that employee to perform management, delivery, installation, repair, construction or any other type of services on any HCPS property, including the project property. Violation of this provision may result in Termination for Cause. 40.2 Contractor acknowledges and agrees that, pursuant to Section §6-113 of the Education Article of Maryland Code, Contractor is prohibited from knowingly assigning or permitting its Subcontractors from knowingly assigning any of the Contractor’s or Subcontractor’s employees to work in, on or about school premises if such employee may or would have direct, unsupervised and uncontrolled access to children if the employee has been convicted of, pled guilty or nolo contendere, to any of the following crimes. 40.2.1 A sexual offense in the third or fourth degree under §3-307 or §3-308 of the Criminal Law Article of the Maryland Code or an offense under the laws of another state that would constitute an offense under §3-307 or §3-308 of the Criminal Law Article if committed in Maryland; 40.2.2 Child sexual abuse under §3-602 of the Criminal Law Article, or an offense under the laws of another state that would constitute child sexual abuse under §3-602 of the Criminal Law Article if committed in Maryland; or 40.2.3 A crime of violence as defined in §14-101 of the Criminal Law Article, or an offense under the laws of another state that would be violation of §14-101 of the Criminal Law Article if committed in Maryland, including: (1) abduction; (2) arson in the first degree; (3) kidnapping; (4) manslaughter, except involuntary manslaughter; (5) mayhem; (6) maiming; (7) murder; (8) rape; (9) robbery; (10) carjacking; (11) armed carjacking; (12) sexual offense in the first degree; (13) sexual offense in the second degree; (14) use of a handgun in the commission of a felony or other crime of violence; (15) child abuse in the first degree; (16) sexual abuse of a minor; (17) an attempt to commit any of the crimes described in items (1) through (16) of this list; (18) continuing course of conduct with a child under §3-315 of the Criminal Law Article; (19) assault in the first degree; (20) assault with intent to murder; (21) assault with intent to rape; (22) assault with intent to rob; (23) assault with intent to commit a sexual offense in the first degree; and (24) assault with intent to commit a sexual offense in the second degree. 40.3 Direct unsupervised and uncontrolled access with students is prohibited. If you, as the Contractor/Site Supervisor, witness or suspect your employee(s) entering into a student area, action must be taken immediately to rectify the situation. RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 14 40.4 The apparent low offeror shall complete and submit the Employment of Sex Offenders and Other Criminal Offenders Affidavit, which is specified in the RFP documents within ten (10) working days of receiving notification of potential award. 40.5 Section §11-722 of the Criminal Procedure Article of the Maryland Code prohibits any person with a contract with a local Maryland school system from knowingly employing an individual to work at the school if the individual is registered as a sex offender pursuant to Section §11-704 of the Criminal Procedure Article. Violation of this paragraph may result in termination of the agreement at HCPS’s discretion. 41.0 CRIMINAL BACKGROUND CHECKS FOR CONTRACTORS Amendments to Section §5-561 of the Family Law Article of the Maryland Code effective July 1, 2015, require each Contractor and Sub-Contractor with a local school system to ensure that any individuals in their work force undergo a criminal background check and fingerprinting if such individual will work in, on or about school premises and the individual will have direct, unsupervised and uncontrolled access to children. The term “work force” means any of the Contractor’s employees or the Contractor’s Sub-Contractors and their employees. Contractor shall cause any member of Contractor’s work force to undergo a criminal history background check, including fingerprinting, if such work force member may or will work in, on or about school premises and may, or will have direct, unsupervised and uncontrolled access to children. Such background check and fingerprinting shall meet the requirements of Section §5-560 to §5-569 of the Family Law Article of the Maryland Code. The cost of such criminal background check and fingerprinting shall be paid by Contractor. HCPS shall have the right, in its sole discretion, to prohibit any individual from performing any work at, or in or about school premises based on such individual’s criminal background check. 41.1 IN ADDITION to the above requirements, Contractors shall comply with the requirements of House Bill 486 passed by the General Assembly in 2019, regarding screening of applicants for employment. 41.1.1 Effective July 1, 2019 41.1.2 MSDE Guidance for House Bill 486 – Child Sexual and Sexual Misconduct Prevention) can be found online at www.marylandpublicschools.org. 41.1.3 Submission of Section 000325 Contract Affidavit (HB 486/SB 541Compliance) is required to be submitted prior to award of contract. 42.0 MINORITY BUSINESS ENTERPRISE PARTICIPATION 42.1 For work done in the State of Maryland, minority participation is required on certain contracts and encouraged on all contracts and non-minority prime contractors are encouraged to use minority subcontractors that are certified by the Maryland Department of Transportation. “Certified Minority Business Enterprises are encouraged to respond to this solicitation.” Check the MDOT website. 42.2 Specific goals will be set for certain proposals the dollar amount will exceed $50,000.00. When applicable, a special section in the Proposal Documents will be included as “Minority Business Enterprise Procedures- State Funded Public School Construction Projects.” 42.3 When this requirement is included in the Proposal Documents the required certificate and forms must be submitted with the Proposal and failure to submit may result in a determination that the Proposal is non- responsive. If the Contractor is deemed the apparent low offeror the Minority Business Enterprise documentation described in the Proposal Documents must be submitted within the time designated. 42.4 For projects estimated to be over $50,000, “The Proposer or Offeror is required to submit with its proposal or proposal a completed Attachment 1A - MBE Utilization and Fair Solicitation Affidavit and MBE Participation Schedule, as described in the solicitation documents. If Attachment 1A, MBE Utilization and Fair Solicitation Affidavit and MBE Participation Schedule, are not submitted with the Proposal at the time of opening, the Proposal will be deemed non-responsive and not considered. The Proposer or Offeror recognizes that their efforts made to initiate contact to http://www.marylandpublicschools.org/ RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 15 solicit and to include MBE firms in this project will be reviewed carefully and evaluated based upon the actions taken by them prior to and up to 10 days before the Proposal or Proposal opening. 42.5 The Contractor shall perform the Contract in accordance with the representations made in Attachment 1A – Minority Business Enterprise Utilization and Fair Solicitation Affidavit and MBE Participation Schedule submitted as part of the Proposal or Proposal. Failure to perform the Contract as specified and presented in the Proposal or Proposal submission without prior written consent of the Owner shall constitute a violation of a material term of the Contract. 43.0 PREVAILING WAGE-SCHOOL CONSTRUCTION For work performed for HCPS, if the estimated cost of the Contract is $500,000 or more and if State funds will be 50% or more, the Contract shall meet the prevailing wage requirements contained in Senate Bill 202, effective July 1, 2000. Prevailing wage rates are required for the appropriate trades included in the project and must be reflected in the Proposals submitted. HCPS is required to include a notation in the Proposal Announcement and advertisement that, “PREVAILING WAGE RATES ARE APPLICABLE TO THIS PROJECT”. Questions regarding the prevailing wage rate process or procedure may be directed to the Administrator of the Prevailing Wage Program, State of Maryland. Other Participating Public Agencies may have differing requirements that they may choose to establish with the Awarded Offeror. 44.0 CONFLICT OF INTEREST No employee of Harford County Public Schools shall engage in or have a financial interest in any contract that conflicts or raises a reasonable question of conflict with their duties and responsibilities. Further, Harford County Public Schools may, by written notice of default to the supplier, terminate in whole or in part the Contract if a determination is made that obtaining the Contract was influenced by an employee of Harford County Public Schools having received a gratuity, or promise thereof, in any way or form. 45.0 LABOR AND RATES OF PAY 45.1 The Awarded Offeror agrees that it shall abide by all applicable provisions of Federal and State law and regulation pertaining to workplace conditions, child labor and that all employees will be treated with dignity and respect. 45.2 The Awarded Offeror agrees to comply with all applicable Federal and State law and regulation relating to payment of wages. 46.0 DEBRIEFING Unsuccessful Offerors may be debriefed upon written request received within thirty (30) days following an award of the service by a procurement officer familiar with the rationale for the selection decision. 47.0 PROCUREMENT-INVESTMENT ACTIVITIES IN IRAN The Awarded Offeror agrees that it shall abide by and comply with Section 17-701 et seq. of the State Finance and Procurement Article of the Maryland Code, regarding business in Iran. 48.0 IT ACCESSIBILITY PROGRAM 48.1 Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended in 1998, is a federal law that requires agencies to provide individuals with disabilities equal access to electronic information and data comparable to those who do not have disabilities, unless an undue burden would be imposed on the agency. The Section 508 standards are the technical requirements and criteria that are used to measure conformance within this law. More information on Section 508 and the technical standards can be found at www.section508.gov. 48.2 Section 508 requires agencies, during the procurement, development, maintenance, or use of ICT, to ensure that individuals with disabilities have access to and use of ICT information and data comparable to the access and use afforded to individuals without disabilities (i.e., “ICT accessibility”), unless an undue burden would be imposed on the agency. The Section 508 standards are the technical https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.section508.gov%2F&data=02%7C01%7CJennifer.Horner%40hcps.org%7Ca1e3d9efdf6a4860130a08d7bad07acd%7Cc1f6ac536b774db594724f104eeac96a%7C0%7C0%7C637183276879099540&sdata=qV1Duw71wZo0HzV97Riah9UBZCloXKjEuFarEJJ8URk%3D&reserved=0 RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 16 requirements and criteria that are used to measure conformance with the law and incorporate the W3C Web Content Accessibility Guidelines (WCAG) 2.0. 49.0 FORCE MAJEURE 49.1 A party shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is beyond the reasonable control of a party, materially affects the performance of any of its obligations under this agreement and could not reasonably have been foreseen or provided against but will not be excused for failure or delay resulting from only general economic conditions or other general market effects. 49.2 The list of events to be included is a matter of negotiation between the parties. Such causes may include, but are not limited to, acts of God, nature or the public enemy, terrorism, invasion, insurrection, order of court, judge, or civil authority, strike, stoppage of labor, riot, and unusually severe weather, significant fires, floods, earthquakes, storms, epidemics, pandemics, quarantine restrictions, strikes, freight embargos, government regulation, or governmental authorities, and delays which are not caused by any act or omission. (The rest of this page is intentionally left blank) RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 17 REQUEST FOR PROPOSAL RFP # 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 1. PURPOSE The purpose of this RFP is to establish a group of Job Order Contracting Contracts for Harford County Schools and OMNIA Partners’ Participating Public Agencies allowing their Participating Public Agencies allowing access to complete construction, repair, alteration, modernization, rehabilitation, and construction of infrastructure buildings, structures, or other real property at competitively solicited prices. Awarded Contractors will perform an ongoing series of individual projects for Participating Public Agencies at different locations primarily with in a designated Geographic Region. 2. BACKGROUND Harford County is located along the I-95 corridor, between the Baltimore and Wilmington/Philadelphia metropolitan centers. Harford County Public Schools (HCPS), with approximately 37,500 students, has the eighth (8th) largest student enrollment of the twenty-four (24) public school systems in Maryland. Approximately 5,360 people are employed by the school system to provide the necessary educational programs and supporting services for the students. This level of staffing makes HCPS the second (2nd) largest employer in the County. There are currently fifty-four (54) schools in the system; thirty-three (33) Elementary, nine (9) Middle, nine (9) comprehensive High, one (1) Technical High, one (1) special needs school for students with severe physical and mental disabilities, one (1) alternative education program, and a 400-acre Environmental Education Center, used for retreats, residential environmental learning programs and other special learning exploration activities. In addition, the school system operates out of three (3) administrative buildings which houses central office departments responsible for delivering support to schools. Harford County Public Schools, Maryland, as the Principal Procurement Agency, defined in Section 3 Exhibit A, has partnered with OMNIA Partners, Public Sector (“OMNIA Partners”) to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. Harford County Public Schools, Maryland is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”) and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is attached hereto on Section 3 Attachment A, or as otherwise agreed to. Section 3 Attachment A contains additional information about OMNIA Partners and the cooperative purchasing program. OMNIA Partners is the largest and most experienced purchasing organization for public and private sector procurement. Through the economies of scale created by OMNIA Partners public sector subsidiaries and affiliates, National IPA and U.S. Communities, our participants now have access to more competitively solicited and publicly awarded cooperative agreements. The lead agency contracting process continues to be the foundation on which we are founded. OMNIA Partners is proud to offer more value and resources to state and local government, higher education, K-12 education, and non-profits. OMNIA Partners provides shared services and supply chain optimization to government, education, and the private sector. With corporate, pricing and sales commitments from the Supplier, OMNIA Partners provides marketing and administrative support for the Supplier that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Participating Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and publicly competed. The Supplier benefits from a contract that generally allows Participating Public Agencies to RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 18 directly purchase goods and services without the Supplier’s need to respond to additional competitive solicitations. As such, the Supplier must be able to accommodate a statewide demand for services and to fulfill obligations as a statewide Supplier and respond to the OMNIA Partners documents (Section 3 Exhibit A). While no minimum volume is guaranteed to the Supplier, the estimated annual volume of Job Order Contracting Products and Services purchased under the Master Agreement through OMNIA Partners is approximately $250M. This projection is based on the current annual volumes among the Harford County Public Schools, Maryland, and other Participating Public Agencies anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing approach between the Supplier and OMNIA Partners. By submitting a proposal, Suppliers understand and agree to participate in the OMNIA Partners program. Suppliers are to provide a response to the OMNIA Partners program. More information about OMNIA Partners is included in (Section 3 Exhibit A). The questions in Section 3, Exhibit A are for informational purposes. Responses to the questionnaires, located in Section 2 Submittal Requirements and Forms, should highlight experience, demonstrate a strong presence in the market, describe how Supplier will educate its sales force and staff about the Master Agreement, describe how products and services will be distributed to Participating Public Agencies, include a plan for marketing the products and services across the state of Maryland and Washington DC, and describe how volume will be tracked and reported to Gordian. 3. SCOPE OF SERVICES 3.1 HCPS requests written proposals from Contractors to provide construction services for the HCPS Job Order Contracting Program and the HCPS Cooperative Purchasing Job Order Contracting Program made available through OMNIA Partners. Proposals may be submitted for the following categories: General Construction, MEP, and Civil/Site Construction. Multiple awards may be made per category. **Offerors may submit proposals for all categories or individual categories listed in this RFP. 3.2 General Construction Category: The scope of work for the General Construction category may include the evaluation, design, and renovation of existing facilities or the construction of minor new additions to existing facilities. The work may include the remodel of individual classrooms, offices, restrooms for ADA compliance, storage and common areas, administrative offices, clinical and lab areas, athletic areas, and similar sites or facilities involving one or multiple construction trades. New construction may include additions, such as classrooms, administrative, athletic, storage, land development, etc. that involves and requires multiple construction trades such as demolition, mechanical, plumbing, electrical, carpentry, flooring, painting as well as utilities, masonry, and site work. Offerors are encouraged to respond for all or specific individual trades within the umbrella of the General Construction category. HCPS intends on acquiring multiple service providers in the various subcategories under the General Construction category as detailed below: 3.2.1 General Construction 3.2.2 Mitigation / Demolition Contractors 3.2.3 Flooring Contractors 3.2.4 Painting Contractors 3.2.5 Gymnasium Equipment Contractors 3.3 Mechanical, Electrical, Plumbing Category (MEP): The scope of work for the MEP contract may include the inspection and evaluation, assessing, of existing plumbing, mechanical, and electrical systems, such as: low voltage, lighting, fire suppression, water supply, HVAC distribution and return, sewer infrastructure, natural and liquid propane gas distribution systems, and related equipment. The scope of work may include work on existing systems or the demolition of existing systems and installation of new systems. The work may also include services relating to installing, maintaining, and repairing the specified systems as well as conducting preventive maintenance programs to maintain their mechanical, electrical, and plumbing systems in good working order. Offerors are encouraged to respond for all or specific individual RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 19 trades within the umbrella of the MEP category. HCPS intends on acquiring multiple service providers in the various subcategories under the MEP category as detailed below: 3.3.1 Mechanical Contractors 3.3.2 Electrical Contractors 3.3.3 Plumbing Contractors 3.4 Civil/Site Construction Category The scope of work for the Civil/Site contract may include the inspection and evaluation, assessing, of existing facilities and job sites. The scope of work may include work on existing facilities and new projects and site locations. Offerors are encouraged to respond to for all specific categories within the umbrella of the Civil/Site Construction. HCPS intends on acquiring multiple service providers in the various subcategories under the Civil/Site Construction category as detailed below: 3.4.1 Asphalt/Paving Contractors 3.4.2 Concrete Contractors 3.4.3 Earthwork Contractors 3.4.4 Landscaping/Irrigation Contractors 3.4.5 Water Sewer Underground Infrastructure 4. JOB ORDER CONTRACTING OVERVIEW 4.1 JOC is a competitively solicited indefinite quantity construction contract awarded to offerors to accomplish construction, repair, alteration, modernization, rehabilitation, and construction of infrastructure, buildings, structures, or other real property. The Estimated Annual Value is based on the anticipated estimated annual use and the contract term is two (2) years with two (2) bilateral two (2) year options for a total of six (6) years. The RFP Documents include a Construction Task Catalog (CTC) containing repair and construction Tasks with preset Unit Prices. All Unit Prices are based on local labor, material, and equipment prices for the direct cost of construction. Once contracts are awarded, Participating Public Agencies will order Work from the CTC by issuing a Purchase Order against the contract. 4.2 Harford County Schools is using Gordian’s and OMNIA Partners Job Order Contracting Services to implement this program. The system includes Gordian’s proprietary ezIQC, eGordian, and Bid Safe IQCC applications (IQCC Applications) and construction cost data (Construction Task Catalog), which will be used by the Contractor to prepare and submit Cost Proposals, subcontractor lists, and other requirements specified by HCPS and OMNIA Partners Participating Public Agencies. The Contractor’s use, in whole or in part, of Gordian’s IQCC Applications and Construction Task Catalog and other proprietary materials provided by Gordian for any purpose other than to execute work under this Contract for PCS and Participating Public Agencies are strictly prohibited unless otherwise stated in writing by Gordian. 4.3 Offerors will offer price adjustments (Adjustment Factors) to be applied to the CTC Unit Prices. The Adjustment Factors represent either an increase to (such as 1.1000) or a decrease from (such as 0.9800) the preset Unit Prices. The amount to be paid for the Work ordered will be determined by: multiplying the preset Unit Prices by the appropriate quantities and by the appropriate Adjustment Factor. The CTC and the Offeror’s Adjustment Factors will be incorporated into the awarded contract. 4.4 Under JOC, the Contractor furnishes management, labor, materials, equipment, and incidental design support needed to perform the Work. 5. PROJECT DELIVERY ORDER PROCEDURES 5.1 As Projects are identified, the Contractor will jointly scope the Work with the Participating Public Agency. The agency will prepare a Detailed Scope of Work and issue a Request for Proposals to the Contractor. The Contractor will then prepare a Proposal Package for the Project including a Cost RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 20 Proposal, Schedule, list of identified subcontractors, and other requested documentation such as cut sheets for materials. If the Proposal Package is found to be reasonable, the agency will issue a Purchase Order. The Purchase Order will reference the Detailed Scope of Work and set forth the Purchase Order Completion Time, and the Purchase Order Price. The Contractor must perform the Detailed Scope of Work within the Purchase Order Completion Time for the Purchase Order Price. Extra Work, credits, and deletions will be contained in Supplemental Purchase Orders calculated in the same manner. 5.2 The Participating Public Agency (or the Participating Public Agency Designated Representative), with the assistance of Gordian, will identify Projects and develop a draft scope of the work. The Contractor and Gordian will then assist the Participating Public Agency in developing a final scope of work. The Participating Public Agency will then issue a Detailed Scope of Work and a Request for Proposals to the Contractor. The Participating Public Agency (or the Participating Public Agency Designated Representative), with the assistance of Gordian, will identify Projects and develop a draft scope of the work. The Contractor and Gordian will then assist the Participating Public Agency in developing a final scope of work. The Participating Public Agency will then issue a Detailed Scope of Work and a Request for Proposals to the Contractor. The Contractor will then utilize Gordian’s JOC System to prepare a Cost Proposal for the Purchase Order including a Schedule, list of identified subcontractors, and other requested documentation such as cut sheets for materials. Gordian will assist the Participating Public Agency with Cost Proposal review, and if the Cost Proposal is found to be reasonable, the Participating Public Agency will issue a Purchase Order to Contractor. The Purchase Order will reference the Detailed Scope of Work and set forth the Purchase Order Completion Time, and the Purchase Order Price. The Contractor will perform the Detailed Scope of Work within the Purchase Order Completion Time for the Purchase Order Price. Extra Work, credits, and deletions will be contained in Supplemental Purchase Orders calculated in the same manner. 5.3 The Contractor must, within two (2) business days of receipt of a Purchase Order from a Participating Public Agency, provide notification to Gordian of each Purchase Order by forwarding a copy of the Purchase Order via email to PO@ezIQC.com or via facsimile to (864) 233-9100. 5.4 The Contractor must, within two (2) business days of sending an Invoice to a Participating Public Agency, provide notification to Gordian each Invoice by forwarding a copy of the Invoice via email to Invoice@ezIQC.com or via facsimile to (864) 233-9100. (The rest of this page is intentionally left blank) mailto:PO@EZIQC.com mailto:Invoice@ezIQC.com RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 21 6. MAP OF GEOGRAPHICAL REGIONS RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 22 6.1 MARYLAND COUNTY LISTINGS BY GEOGRAPHICAL REGION Region 1 Allegany Garrett Region 2 Frederick Washington Region 3 Montgomery Prince George's Region 4 Calvert Charles St. Mary's Carroll Region 5 Anne Arundel Baltimore Caroline Harford Howard Baltimore City Region 6 Cecil Dorchester Kent Queen Anne's Somerset Talbot Wicomico Worcester 6.2 DISTRICT OF COLUMBIA 7. AWARD PROCESS 7.1 Award or rejection of proposals: In accordance with applicable laws, rules, and regulations for public purchasing, award(s) will be made to the most responsive and responsible offeror(s) based on a 2-part submission that includes a Technical Proposal and Cost Proposal. Scoring for the Cost Proposal will be based on a Combined Adjustment Factor as shown on the Proposal, subject to, Article 8 Proposal Pricing: CTC & Adjustment Factors, below. Proposals that are materially non-responsive will be rejected and HCPS will provide notice of rejection to the Offeror. 7.2 Technical Proposal will be based on questions pertaining to offerors’ capabilities, qualifications, and experience, see Section Two Submittal Requirements and Forms. Information gathered from Section Two Submittal Requirements and Forms will be used to determine the responsibility of the offeror to perform the contract. Offerors should take great care in answering these questions as they will become part of the complete submitted proposal. 8. PROPOSAL PRICING: CONSTRUCTION COST CATALOG (CTC) AND ADJUSTMENT FACTORS 8.1 Construction Task Catalog (CTC): A comprehensive listing of specific construction related Tasks, together with a specific unit of measurement and a Unit Price. Multiple CTC’s and Technical Specifications have been created for regions as identified above in Article 6: Map of Geographical Regions. 8.1.1 Links to the Harford County Public Schools OMNIA Partners Maryland CTC and Technical Specifications can be found below: 8.1.1.1 Regions 1,2: https://fortive.box.com/s/tkrc0hfo2yrco4boen6afobcfb8idq7d 8.1.1.2 Regions 3,4,5,6: https://fortive.box.com/s/5wohga268dja17bqn8euo1s0x0f3548w 8.1.1.3 Technical Specifications: https://fortive.box.com/s/ltquqdz45zsjzx3nn06g2tk0drjplzbi https://fortive.box.com/s/tkrc0hfo2yrco4boen6afobcfb8idq7d https://fortive.box.com/s/5wohga268dja17bqn8euo1s0x0f3548w https://fortive.box.com/s/ltquqdz45zsjzx3nn06g2tk0drjplzbi RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 23 8.1.2 Link to Harford County Public Schools OMNIA Partners Washington DC CTC and Technical Specifications can be found below: 8.1.2.1 Washington DC CTC: https://fortive.box.com/s/tpbz5q7cd36q4cnv7d71xlr6sht24gyd 8.1.2.2 Washington DC Technical Specifications: https://fortive.box.com/s/rddmbufe42imhmefe8yzmmvjo6cz8rep 8.2 Each offeror must submit Five (5) Adjustment Factors to be applied to every task in the CTC. The proposal shall be an adjustment “decrease from” (e.g. 0.9800) or “increase to” (e.g. 1.1000) the Unit Prices listed in the CTC. 8.3 The offeror’s Adjustment Factors shall include all of the offeror’s direct and indirect costs including, but not limited to, its costs for overhead, profit, bond premiums above the reimbursable amount, insurance, mobilization, Purchase Order Proposal development, and all contingencies in connection therewith. See pages 00-1 – 00-6 of Book 3 – the CTC for a complete explanation of what is included in the Unit Prices and what is not. 8.4 The first Adjustment Factor is to be applied to Work to be accomplished during Normal Working Hours and are performed on projects that do require prevailing wage rates. 8.5 The second Adjustment Factor is to be applied to Work to be accomplished during Other Than Normal Working Hours and are performed on projects that do require prevailing wage rates. 8.6 The third Adjustment Factor is to be applied to Work to be accomplished during Normal Working Hours and performed on Projects that do not require prevailing wage rates. 8.7 The fourth Adjustment Factor is to be applied to Work to be accomplished during Other Than Normal Working Hours and performed on Projects that do not require prevailing wage rates. 8.8 The fifth Adjustment Factor is for work tasks not identified in the Construction Task Catalog. IDIQ includes a provision for establishing of prices for Work requirements which are within the general scope of IDIQ but were not included in the CTC at the time of Contract award, Section Three, Article 3 Procedure for Ordering Work - Non-Pre Tasks. These Tasks are referred to as "Non Pre-priced Tasks (NPP)". NPP Tasks may require new specifications and drawings and may subsequently be incorporated into the CTC. The offerors will offer an Adjustment Factor to be applied to the actual material, equipment, and labor cost for NPP work Tasks. 8.9 Adjustment Factors must be specified to the fourth decimal place. For example: 1 . 1 0 0 0 Or 0 . 9 8 0 0 Note: The Other Than Normal Working Hours Adjustment Factors must be equal to or higher than the Normal Working Hours Adjustment Factors. For proposal evaluation purposes only, the following weighting of the Adjustment factors will be used to determine the Combined Adjustment Factor: https://fortive.box.com/s/tpbz5q7cd36q4cnv7d71xlr6sht24gyd https://fortive.box.com/s/rddmbufe42imhmefe8yzmmvjo6cz8rep RFP 23-JH-022 Job Order Contracting Services in the State of Maryland and Washington DC 24 HCPS/OMNIA Partners Adjustment Factors 1 Normal Working Hours Prevailing Wage 30% 2 Other than Normal Working Hours Prevailing Wage 10% 4 Normal Working Hours Non-Prevailing