Boiler Supplies and Associated Materials

Department of Procurement
45 West Gude Drive, Suite 3100
Rockville, MD 20850-1747
General Stipulations and Instructions To Bidders
I. Invitation For Bid The Board of Education requires that each successful bidder be liable
for compliance with the provisions of Title VII of the Civil
The Board of Education of Montgomery County Maryland, herein
after referred to as The Board of Education, will receive sealed Rights Act of 1964. In order to fully comply with Title VII, a
proposals until the date and time indicated on the cover of the company must file Employer Information Report EEO-1 with the
Invitation For Bid. Bids must be delivered to the Department of Joint Report Committee, 1800 G Street, NW, Washington, D.C.
Procurement at the above address where it will be opened and 20036. Only companies that fall within the following categories are
publicly read at the stated time. Bids must be delivered in sealed required to file the Employer Information Report EEO-1:
opaque envelopes. Envelopes shall be clearly marked on the outside
The entire company has at least 100 employees on the payroll. The
lower left corner with the bid number and bid opening date and time.
company is affiliated through centralized ownership and/or
centralized management, and the group legally constitutes a single
II. Intent enterprise employing a total of 100 or more employees.
If your company has already filed an EEO-1 by virtue of supplying
These specifications are intended to cover the furnishing and materials or services under Federal Government Contracts, it is
delivery of said materials, supplies, or services as hereinafter shown necessary to submit only a copy of your most recent EEO-1 report
to any or to each of the various public schools, offices, or to any to the Department of Procurement. If you are filing a report for the first
designated warehouse or warehouses in Montgomery County, time, send a copy of EEO-1 to the Department of Procurement.
Maryland, whichever is specified, in quantities to be determined Please note that purchase orders will not be issued to companies that
subsequent to the bid opening. fall into the above categories until proof of EEO-1 reporting has
been received.
III. Right To Cancel Or Reject Bids
VII. Preparation Of Bid
A. The Board of Education reserves the right to cancel any
contract if, in its opinion, there is a failure at any time to Bids must be submitted on the copy provided. Bidders may wish to
perform adequately the stipulations of this Invitation For Bid, reproduce and retain one copy for its files. Bids must be signed by an
or if the general conditions and specifications which are authorized representative of the company submitting a bid. It is the
attached and made part of this bid are not fulfilled, or if in any intent of this solicitation that should a given bid be accepted, it will
case there is any attempt to willfully impose upon the Board automatically become the contract. Notification of the bid award will
of Education materials or products or workmanship which are be made by letter. Bidders shall submit its bids and specifications on
in the opinion of the Board of Education of an unacceptable the appropriate specification sheets that show the schedule of items
quality. Any action taken in pursuance of this latter stipulation to be purchased. Bidders may attach a letter of explanation to its bid
shall not affect or impair any rights or claims of the Board of if it so desire.
Education to damages for the breach of any covenants of the
contract by the contractor. The Board of Education also Prices quoted shall not exceed the prices established under any
reserves the right to reject the bid of any bidder who has governmental price control regulations. Bidders will be required if
previously failed to perform adequately after having once been requested by The Board of Education, to furnish satisfactory evidence
awarded a prior bid for furnishing materials or services similar that they are qualified as manufacturers or dealers in the items listed
in nature to those mentioned in this bid. and have a regularly established place of business. An inspection of
any bidder's place of business may be made to determine the bidder's
B. The Board of Education reserves the right to reject any or all
ability to perform.
bids in whole or in part; to make partial awards; to waive any
irregularity in any quotation; to increase or decrease quantities
VIII. Discounts
if quantities are listed in the bid; to reject any bid that shows
any omissions, alterations of form, and additions, conditions,
The Board of Education reserves the right to consider discounts in
or alternate proposals not called for; and to make any such
computing the bid.
award as is deemed to be in the best interests of the Board of
Education.
A. Trade Discounts
C. All items furnished must be completely new and free from
All prices offered must be the lowest net price after trade
defects. No others will be accepted under the terms and intent
discounts have been considered. Bids offering a percentage
of this bid.
off list prices will not be accepted unless: (1) specifically
requested in that manner; (2) two copies of the referenced
IV. Right To Purchase In The Open Market
price list accompany the bid.
Should the contractor fail to comply with the conditions of this
contract or fail to complete the required work within the time
B. Payment Discounts
stipulated in the contract, The Board of Education reserves the right
Prompt payment discounts are solicited and will be treated as
to purchase in the open market, or to complete the required work, at
follows:
the expense of the contractor or by recourse to provisions of the
(1) Unless specifically stated otherwise, discounts offered
faithful performance bond if such bond is required under the
which allow a minimum of twenty (20) days to qualify will be
conditions of the bid.
deducted from prices offered in the bid for the purpose of
determining the lowest price offered.
(2) Discounts offering less than twenty (20) calendar days
V. Failure To Furnish Item(s) will not be deducted from price offered for the purpose of
determining the lowest price, but will be taken if payment is
Should the contractor fail to furnish any item or items, or to made within the discount period.
complete the required work included in this contract, The Board of
Education reserves the right to withdraw such items or required
work from the operation of this contract without incurring further
liabilities on the part of the Board of Education.
IX. "Or Equal" Interpretation
VI. Employer Information Report EEO-1

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

or workmanship and to repair or replace any kind, including costs and expenses for or on account of any patented
damages or marring occasioned in transit or or unpatented inventions, articles, process, or appliance
delivery. manufactured or used in performance of this contract including its
use by Montgomery County, unless otherwise specifically stipulated
C. Furnish adequate protection against damage to in this contract.
all work and to repair damages of any kind, to
the building or equipment, to its own work or to XXIV. Samples And Catalog Cuts
the work of the contractors for which it or its
workers are responsible. A. Requirements and Delivery
Sample requirements and sample delivery stipulations are
D. Pay for all permits, licenses, and fees and give indicated in the bid document. Further details concerning
all notices and comply with all laws, samples may also be indicated in the detailed specification
ordinances, rules, and regulations of the Board portion of the invitation. Bidders shall make all
of Education and of the State of Maryland. arrangements for delivery of samples to location indicated.
XX. Indemnity B. Sample Identification
The contractor shall indemnify, keep, and save harmless the Board of All sample packages shall be marked "Samples" and each
Education, its agents, officials, and employees against all injuries, sample shall bear the name of the bidder, item number,
death, loss, damages, claims, patent claims, suits, liabilities, and bid number and shall be carefully tagged or marked in
judgments, costs and expenses, which may in any way occur against a substantial manner. Failure of the bidder to clearly
them in consequence of the granting of this contract or which may in identify samples as indicated may be considered sufficient
any way result therefrom, whether or not it shall be alleged or reason for rejection of its bid.
determined that the act was caused through negligence or omission of C. Testing or Comparing Samples
the contractor or its employees, except to the extent of the negligence Samples are requested for the purpose of testing or
of the Board of Education, its agents, officials and employees. The comparing with detailed specifications. Therefore, The
contractor shall, at its own expense, appear, defend, and pay all charges Board of Education reserves the right to retain or destroy
of attorneys and all costs and other expenses arising therefrom or the articles or materials submitted as samples for the
incurred in connection therewith; and if any judgment shall be purpose of testing. Accordingly, The Board of Education
rendered against the Board of Education in any such action based on shall be free from any change or claim on the part of the
the actions and/or negligence of the contractor, its agents and bidder or contractor if any articles or materials furnished
employees, the contractor shall at its own expense satisfy and as samples are lost or destroyed. Materials such as food
discharge the same. Contractor expressly understands and agrees that may be tested from the raw, uncooked, baked, or canned
any performance bond or insurance protection required by this sample being submitted at the time of bid opening or
contract, or otherwise provided by the contractor, shall in no way limit subsequent to bid opening. Food tests shall consider
the responsibility to indemnify, keep, and save harmless and defend specification factors such as contents, weight, size, taste,
the Board of Education as herein provided. texture, appearance, uniformity of color, and defects, if
any.
XXI. Insurance
D. Retention and Removal of Samples
The samples submitted by bidders on items on which it
The contractor shall maintain Comprehensive Business Insurance for
have received an award will be retained by The Board of
protection from claims under the Workmen's Compensation Act,
Education until the delivery of contracted items is
claims for damage because of bodily injury, death, or property damage
completed and accepted. Bidders whose samples are
to others, including employees of the Board of Education; and claims
retained will be notified when its samples may be
for damages arising out of the operation of motor vehicles, which may
removed. Samples on which bidders are unsuccessful
arise during the performance of the contract whether caused by the
must be removed as soon as possible but not more than 15
contractor or by any subcontractor or anyone directly or indirectly
calendar days after notification that the award has been
employed by either of them. The contractor shall also maintain
made by The Board of Education. The Board of Education
product liability insurance. The aforementioned insurance shall cover
will not be responsible for such samples if not removed by
the duration of the contract period, including all periods of the time
the bidder within 15 calendar days after the notification of
and all places where work is performed under an expressed or implied
award has been made.
warranty. The limits of such liability insurance for each occurrence
shall be equal to or greater than E. Sample Quantities
$500,000 for Bodily Injury and $100,000 for Property Damage. The Samples are required in the exact packaging and size as
certificate on the insurance, indicating coverage for the term of the stated in the item description unless otherwise indicated
contract, shall be made in favor and provided to The Board of in the bid document or it is determined that a smaller
Education prior to commencement of the contract. A company duly quantity is sufficient for adequate testing.
licensed by the Maryland Insurance Commissioner and qualified to
F. Descriptive Literature
sell insurance in Maryland shall issue all insurance policies.
All bidders are required to furnish with the bid proposal a
brochure, properly bound and labeled, showing full
XXII. Inspection Of Premises
illustrations and specifications on each item offered, if
bidding other than specified; or if specifically requested.
Before submitting a bid for any construction or installation work in These cuts and specifications are to be arranged and
any building or on the premises of the Board of Education, the bidder labeled with the item number in the same sequence as the
should carefully examine the premises and upon submitting its bid will items appear in the specifications and attached on
be considered to have examined the premises, building, or buildings separate pages of a brochure. The cover of the brochure
where the work is to be done. For any work or installation requiring shall contain:
the use of labor, the successful bidder before starting work must 1. Vendor's name, address, and phone number
provide sufficient evidence of insurance showing that it is adequately 2. Bid number
covered for Workmen's Compensation and Public Liability insurance.
XXIII. Patents XXV. Time of Completion
The contractor shall hold and save the Board of
The Board of Education reserves the right to revise the starting and completion dates
Education, its officers, agents, servants, and
for delivery and installation of equipment to new schools and additions as stated below
employees harmless from liability of any nature or if the bid is wholly or in part for the furnishing of new schools and additions to existing

buildings. At least 60 days prior to the date scheduled for delivery and Should any bidder have any question as to the intent or
installation for each project, the Board of Education will notify the meaning of any part of this bid, it must contact the
contractor whether or not any change will be required in the dates for the undersigned to receive a written reply before submitting its
beginning and completion of delivery. The right is reserved to specify
bid. Inquires must be submitted in writing no later than four
beginning dates and completion dates two weeks earlier than listed
business days prior to bid opening date.
above or to postpone the beginning and completion dates for not more
than 30 days later than the dates as listed. These changes in delivery
dates, if any, for new schools and additions to older buildings will be
applicable to individual projects as specified and not to all projects as a
whole. The estimated dates on which deliveries may be begun and
which time deliveries and installations must be completed have been
estimated as carefully as possible; and if any change is required by
circumstances beyond the control of the Board of Education, the revised
delivery dates as established by the procedures outlined immediately
above will become the definite schedule for completion of the contract Angela McIntosh-Davis
as if it had been set in the original schedule as outlined. Director, Department of Procurement
XXVI. Guarantee
The contractor shall unconditionally guarantee the materials and
workmanship on all equipment furnished by it for a period of one year
from date of acceptance of the items delivered and installed. If, within
the guarantee period, any defects or signs of deterioration are noted
which in the opinion of The Board of Education are due to faulty design
and installation, workmanship, or materials, upon ratification, the
contractor, at its expense, shall repair or adjust the equipment or parts to
correct the condition: or it shall replace the part or entire unit to the
complete satisfaction of the Board of Education. These repairs,
replacements, or adjustments shall be made only at such times as will be
designated by the Board of Education as least detrimental to the
instructional programs.
XXVII. Signature To Bids
Each bid must show the full business address and telephone number of
the bidder and be signed by the person or persons legally authorized to
sign contracts. All correspondence concerning the bid and contract,
including Notice of Award, Copy of Contract, and Purchase Order, will
be mailed or delivered to the address shown on the bid in the absence of
written instructions from the bidder or contractor to the contrary. Bids by
partnerships must be signed with the partnership name by one of the
members of the partnership or by an authorized representative, followed
by the signature and designation of the person signing, who shall also
state the names of individuals composing the partnership. Bids by
corporations must be signed with the name of the corporation, followed
by the signature and designation of the officer having authority to sign.
When required, satisfactory evidence of authority of the officer signing
in behalf of the corporation shall be furnished. Anyone signing the bid as
agent shall file satisfactory evidence of its authority to do so.
XXVIII. Errors In Bids
Bidders, or its authorized representatives, are expected to fully inform
themselves as to the conditions, requirements, and specifications before
submitting bids; failure to do so will be at the bidder's own risk and the
bidder cannot secure relief on the plea of error. Neither law nor
regulations make allowance for errors either of omission or commission
on the part of the bidders
XXIX. Resolution and Disputes
Bidders who have any concerns regarding the recommended
awards of this solicitation should promptly contact the buyer
in the Department of Procurement before the scheduled Board
action. Any concerns that cannot be resolved informally with
the buyer should be addressed to the senior buyer of the
Department of Procurement. The senior buyer of the
Department of Procurement shall attempt to resolve,
informally, all protests or complaints regarding bid award
recommendations. Any formal protest must be filed with the
senior buyer of the Department of Procurement within seven
(7) calendar days of the date of the pre-award notice
XXX. Inquiries

MONTGOMERY COUNTY PUBLIC SCHOOLS
DEPARTMENT OF PROCUREMENT
45 West Gude Drive, Suite 3100
Rockville, MD 20850-1747
SPECIAL INSTRUCTIONS TO VENDORS FOR MAILING BIDS
Bids must be delivered in sealed, opaque envelopes, and labeled clearly as follows:
SAMPLE BID RESPONSE ENVELOPE
(Return Address)
BID ENVELOPE
TO BE DELIVERED TO
Department of Procurement
MONTGOMERY COUNTY PUBLIC SCHOOLS
45 West Gude Drive, Suite 3100
Rockville, MD 20850-1747
BID NO.
BID NAME
OPENING DATE OPENING TIME
Vendor name and address must appear on the upper left hand corner of the bid envelope.
The specific bid number, opening date, and time must appear in the lower left hand corner of the bid
envelope.
It is suggested that vendors utilize a tracking service to insure prompt delivery.