FREDERICK COUNTY PUBLIC SCHOOLS

HAYWARD COMPLEX

PURCHASING DEPARTMENT

33 THOMAS JOHNSON DRIVE

FREDERICK, MARYLAND 21702

A. GENERAL CONDITIONS AND INSTRUCTION FOR SUPPLIES AND EQUIPMENT

1. PRE-BID MEETING

If warranted, a Pre-Bid Meeting will be held at the date and time indicated on the cover page of this solicitation package. Unless noted otherwise, the meeting will be held in the Conference Room of the Purchasing Department, located at 33 Thomas Johnson Drive, Frederick, Maryland 21702.

Attendance at the Pre-Bid Meeting is not mandatory in order for your bid to be considered for an award, yet all vendors are strongly encouraged to attend.

The agenda for this Pre-Bid Meeting will include the following: introduction of staff; description of scope of work; timeline/scheduling; budget priorities/concerns; and procurement responsibilities.

Due to possible changes and/or additions to the specifications, bid proposals should not be mailed until after the pre-bid meeting. All changes will be processed through addenda of this solicitation package.

2. TIME FOR RECEIVING BIDS

Bids received prior to the time of opening will be securely kept unopened. The representative of the Superintendent, whose duty it is to open bids, will decide when the specified time has arrived. No bid received thereafter will be considered. The Superintendent or his/her representative will not be responsible for the premature opening of bids received not properly addressed or identified. Any bid may be withdrawn before the scheduled time for opening bids. After a bid has been opened, it may not be withdrawn.

Unless specifically authorized, facsimile bids will not be considered. Modifications by facsimile of bids

already submitted will be considered if received prior to the time set for opening. No bids will be accepted via telephone.

Proposals received after the designated date and/or time will not be accepted, regardless of when they were mailed or given to a delivery carrier.

In the event of inclement weather on the date when bids are scheduled to be opened and the Frederick County Public Schools Administrative Offices are closed, bids will be opened on the next business day at the same time as previously scheduled. Bids will be accepted until the scheduled time of opening on the next business day. (Often when schools are closed due to inclement weather, administrative offices remain open. When in doubt, call the Purchasing Department.)

3. RECEIPT AND OPENING OF BIDS

Sealed proposals will be opened in the PURCHASING DEPARTMENT, FREDERICK COUNTY PUBLIC SCHOOLS, 33 THOMAS JOHNSON DRIVE, FREDERICK, MD 21702 on the date and hour stated herein.

All proposals must be submitted properly executed and securely sealed. The envelope must be prominently marked with the name of the person, firm or corporation making such proposal, the date of its presentation, and BID/QUOTE NAME AND NUMBER, to the ATTENTION OF THE PURCHASING OFFICER. If not bidding, NO BID must be indicated also on the outside of the envelope.

4. AUTHORIZED DEALERS

Only authorized dealers may bid on equipment requested herein. At the discretion of the Board of Education of Frederick County (herein after referred to as the Board), a certificate, executed by the manufacturer, may be requested stating that the bidder is an authorized agent of the manufacturer and is duly authorized to service and maintain the equipment.

An inspection of a bidder's place of business may be made to determine if satisfactory standards of sanitation exist or to determine product quality.

5. PREPARATION OF BID/SIGNATURE

Bids must be prepared on the enclosed proposal form(s) and in accordance with the specifications herein.

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 to the contrary.

Bids by partnerships must be signed with the partnership name, followed by the signature and designation of the person having authority to sign. Bids by corporations must be signed with the name of the corporation, followed by the signature and designation of the person having authority to sign. When requested, satisfactory evidence of authority of the person signing will be furnished. Anyone signing the bid as an agent shall file satisfactory evidence of his/her authority to do so, if requested.

Failure to properly sign the bid document will result in rejection of the bid.

6. ERRORS IN BIDS/INTERPRETATION

Bidders or their authorized representatives are expected to fully inform themselves as to the conditions and requirements of the specifications before submitting bids. Failure to do so will be at the bidder's own risk.

Should any bidder be in doubt as to the meaning of the specifications, or should he/she find any discrepancy or omission, he/she shall notify the Purchasing Officer of the Board of Education of Frederick County. All bidders will then be notified, in writing, of clarification or additional information by means of addenda.

If the bidder has made an error, the bidder may request in writing, to have his/her bid withdrawn. Approval of a bidder's request is not automatic and may be given only by the Purchasing Officer and/or the Board. Requests for withdrawal are usually denied, unless the bidder proves to the satisfaction of the Purchasing Officer and/or the Board that the mistake was either a scrivener's error or another type of clearly unintentional error so departing from customary and reasonable business practices as to be obvious and to legitimately and substantially impair the vendor's business.

Neither law nor regulations make allowance for errors either of omission or commission on the part of the bidders. In case of error in multiplication of unit price when arriving at total price per line item, the unit price shall govern. If there is a discrepancy between the price written in numbers and the price written in words, the words will govern.

7. QUOTATION

The bidder shall complete the information requested on the proposal form(s). Prices quoted shall not exceed the prices established under any governmental price control regulations.

All prices shall be firm for a period of ninety (90) days from the date of bid opening unless otherwise stated under Special Notices. THE BOARD RETAINS THE RIGHT, WITH MUTUAL CONSENT OF THE BIDDER(S), TO UTILIZE THE BID PRICING AND APPROVED PRICE CHANGES FOR FUTURE PURCHASES FOR AS LONG AS THE BIDDER(S) MUTUALLY AGREES TO EXTEND THE PRICES.

12. SPECIFICATIONS AND/OR CATALOGUE CUTS

Bidders must submit description literature even though they believe their product does meet the specification. This description material will facilitate the evaluation and detailed comparison of the product bid and the specified item. Failure to submit such detailed data as required and/or at the time designated by the Purchasing Department shall be cause for rejection of that item.

Full illustrations and specifications on each item offered (if other than the specified item) must accompany the bid proposal and be contained in a brochure properly bound and labeled. These cuts and specifications are to be arranged and labeled in numerical sequence according to item number, and attached on separate pages. The cover and brochure shall contain:

A. Vendor's name, address, and phone number

B. Bid number

C. Bid opening date

13. SAMPLES

The Purchasing Department for testing and evaluation purposes may request samples. Failure to submit samples as required at the time designated by the Purchasing Department shall be cause for rejection of that item.

All samples must be delivered with all charges prepaid to the FREDERICK COUNTY PUBLIC SCHOOLS, Hayward Complex, Purchasing Department, 33 Thomas Johnson Drive, Frederick, Maryland 21702, plainly marked to indicate make/model, item number, name of bidder, bid name and number, date of bid opening, and must be accompanied by instructions as to the return thereof.

Accepted samples may be retained during the life of the contract. The right is reserved to retain any sample submitted with bids whenever deemed necessary to do so for the purposes of examination and testing. The Board reserves the right to use all samples in any manner which may best serve the final determination of the successful bidder, even if said examination and testing results in damage to or destruction of the sample.

The vendor shall remove samples that are not retained within two weeks upon notification of Award/Non-Award letter by the Board. Unless the samples, when received by the Purchasing Department, are accompanied with instructions as to their return, and include sufficient funds to defray shipping charges or provide for return by freight or express on a collect basis, samples shall become the property of the Board. Samples not removed within this two-week period shall be disposed at the discretion of the Purchasing Department. Disposal may include retention and use by the Board without compensation to the bidder or person furnishing the samples.

14. BID BOND

Bid bonds are not required at this time except under special circumstances. See the Special Notices section of the bid document, if applicable.

15. PERFORMANCE AND PAYMENT BONDS

Performance and payment bonds are not required on all bids. See the Special Notices section of the bid document, if applicable.

If applicable, the successful bidder(s) may be required to submit either one or both of the following two (2) bonds to the Purchasing Department ten (10) calendar days of receipt of the Notice of Award and in accordance with the terms stated below:

A. Performance Bond in the amount of 100% of the contract price covering faithful performance of the contract; and

B. Payment Bond in the amount of 100% of the contract price as security for the payment of all persons performing labor and furnishing materials in connection therewith.

The cost of the performance bond and payment bonds will be borne by the bidder(s) in all instances.

Certified checks in the amounts stated above will be accepted in lieu of the performance bond and payment bond only upon prior approval of the Purchasing Officer. If checks are approved for acceptance in lieu of either bond, they should be in the same amount as these bonds; be separate checks; and should clearly designate the purpose - i.e., performance or payment.

Certified checks, if submitted, will be deposited in the Board's bank account(s). Upon successful completion of the contract, check(s) will be drawn upon the Board's bank account(s) for the full amounts of both certified checks.

Bonds must be approved by surety companies which are in the most current Circular 570 "Surety Companies Acceptable on Federal Bonds", as issued by the U.S. Treasury, Bureau of Government Finance Operations, Division of Banking and Cash Management, Washington, D.C. 20011. Bonding companies shall be rated B+ or better according to the A.M. Best Company.

If a bonding company is used that is not on the most current Circular 570, the vendor will be contacted to obtain a bond from an approved surety company and re-submit it to the Purchasing Department within ten (10) working days after contact award.

Upon receipt and approval of the performance bond and payment bond or the certified checks, an official purchase order will be issued and the contract initiated.

16. AWARDS OR REJECTION OF BIDS

In general, it is the intention of the Board to make awards to bidders submitting the lowest bid prices provided; (a) all the terms of the invitation have been met; (b) the prices are reasonable; and (c) it is in the best interest of the Board to accept them.

The Board reserves the right to determine completeness and/or timeliness of bids, to reject any or all bids in whole or in part, to make partial awards, to waive any irregularity in any quotation, to increase or decrease quantities if quantities are listed in the bid, to reject any bid that shows any omissions, alterations of form, additions not called for, conditions, or alternate proposals, and to make any such award as is deemed to be in its best interest.

Bidders may be required, before the awarding of a contract, to show to the complete satisfaction of the Board, that they have the necessary facilities, ability and financial resources to execute the work in a satisfactory manner, and within the time specified. Bidders may demonstrate that they have the necessary experience, history and references which will assure the Board of their qualifications for executing the work. (A detailed audited financial statement may be required.)

Bidders are required, as a part of their bid submission, to provide information regarding their firm’s status as a Minority Business Enterprise (MBE) and the diversity of their firm’s board of directors and company officers. Bidders also are required, as a part of their bid submission, to provide a plan for the utilization of minority contractors, subcontractors or suppliers in executing the contract, if their firm receives an award.

The Board reserves the right to reject the bid of a bidder who has, in the opinion of the Board, previously failed to perform properly in contracts of similar nature, or the bid of a bidder who investigation shows is not in a position to perform the contract.

If during the life of the contract, a bidder fails to comply with the terms of the contract, or a product does not meet specifications, the Board retains the right to re-award the item to another bidder, as long as that bidder mutually agrees to the award.

The Board reserves the right to award the bid within ninety (90) days from the date of the bid opening unless a different time period is stated in the bid document. Unless stated otherwise under "Special Notices", the reluctant contractor(s) will be awarded by line item or in the aggregate, whichever is in the best interest of the Board of Education.

In the event of tie bids where all other factors such as past performance are considered comparable, the awards, shall be made to the Frederick County based vendor; the out-of-county but Maryland based vendor; and the out-of-state based vendor, in that order of preference.

17. OBJECTION TO AWARD RECOMMENDATION

Any vendor objecting to the Purchasing Officer's recommendation for award may protest the Purchasing Officer's action by formally notifying, in writing, the Executive Director of Fiscal Services. The bidder's written protest must be received in the Purchasing Department at least five (5) working days prior to the Board meeting for which the bid award is scheduled. It is the bidder's responsibility to ascertain the date and time of the pertinent Board meeting. The protest must specifically and fully identify the bidder's objection(s); the legal basis for the objection including the itemization of laws, regulations, policies, or bid procedures, etc., which have been allegedly violated; a statement of all facts which support the bidder's position; a copy of all documents which are relevant or upon the bidder is relying; and a statement as to the relief sought by the bidder.

18. OBJECTION TO AWARD

Any objections to an award made by the Board must be filed, in writing, to the Executive Director of Fiscal Services and received with ten (10) days following the date of the award by the Board. The objection must specifically and fully identify the vendor's objections and any supporting legal or procedural authority.

19. CONTRACT

When the Board accepts a bid and awards a contract, the purchase order, and any agreed upon schedules, addenda, shop drawings, schedules, and other documents associated with the bid solicitation/ submission/ award process will become a part of the contract. Notification of the contract award will be made by letter after approval by the Board.

20. MULTI-YEAR CONTRACT

Those contracts that require funding appropriation for more than one fiscal year automatically terminate if money sufficient for the continued performance is not appropriated for any fiscal year. The date of termination is the last day of the fiscal year for which money was last appropriated, or the date provided in the termination clause of the procurement contract, whichever is earlier.

21. SUBCONTRACTORS

The contractor shall give his/her personal attention constantly to the faithful execution of this contract. The contractor shall keep the same under his/her own control and shall not assign or sublet by Power of Attorney or otherwise the work or any part thereof without the previous consent of the Purchasing Department. He/she may be required to submit to the Purchasing Department, in writing, the name of each subcontractor he/she intends to employ, the portion of the material to be furnished, his/her place of business, and any such information as may be required in order to know whether such subcontractor is reputable and reliable and able to furnish satisfactorily the material as called for in the specifications.

The contractor shall not legally or equitably assign any of the funds payable under the contract or its claim thereto, unless by and with the consent of the Purchasing Department.

The contractor shall have the same provisions inserted in all subcontracts relative to the terms of the General Conditions and other contract documents. Nothing contained in this contract shall create any contractual relations between any subcontractor and the Board.

The Board reserves the right to approve or disapprove all subcontractors to be employed on a project. The Board further reserves the right to approve or disapprove a change of subcontractor once an initial subcontractor has been approved. Any increased cost associated with the change of a subcontractor shall be the full obligation and responsibility of the contractor.

22. DELIVERY

Delivery may be required to be made to the receiving platform of the Board Warehouse. Where the specifications require direct delivery to schools, the items must be placed at a point within the building. The weight, count, measure, etc., will be determined at the points of delivery. The contractor will be required to furnish proof of delivery in every instance. Delivery receipts indicating only the number and weight of cartons received will not constitute "proof" of delivery in the event of a dispute.

Bulk materials are to be placed on skids or pallets on the receiving platform of the Warehouse as directed by the receiving clerk. No help for unloading will be provided by the Board. Suppliers shall notify their truckers accordingly. All materials, equipment, and supplies must be securely packed in uniform containers, adequately marked as to the contents and receiving point, and delivered without damage or breakage.

Deliveries shall be made between the hours of 8:30 A.M. and 3:00 P.M. on weekdays other than Saturdays, Sundays, school holidays, or legal holidays (see School Calendar Closings enclosed).

The sale or use of tobacco products in any form is prohibited in school buildings at all times. School buildings are defined as a local school system owned or leased building.

The sale or use of tobacco products in any form is prohibited on school grounds during the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday and all other times during school sponsored events. School grounds are defined as local school system owned or leased land that surrounds a school building. The tobacco-free school environment policy states that any person or organization permitted to use school buildings or school grounds (e.g., use of facility form) must comply with the policy.

23. INSTALLATION/ASSEMBLY

The vendor must include in the unit price for each item, all charges for installation/assembly. Exceptions to this will be accepted only if so noted under Special Notices or if the nature of the item precludes the necessity for installation/assembly. If certain items do not require installation/assembly, the vendor must note this next to the item on the proposal form.

Equipment shall be installed/assembled only by those having necessary qualifications, facilities, and experience to execute work properly. The contractor at no expense to the Board shall furnish all labor and materials necessary for the installation/assembly of the equipment designated. All crating and packing material shall be removed from the site by the vendor.

The equipment shall be set in place, leveled, and accommodated to the building construction, as necessary, for a neat and proper installation. The equipment shall be complete in every detail, ready for its intended use except as otherwise specified or indicated.

Installation/assembly includes any necessary accessory cables, input lines, test run, and check out, etc. This does not include actual connections to electrical lines and/or plumbing that may require a licensed electrician and/or plumber.

24. INSURANCE REQUIREMENTS

In the event the vendor as part of the contract is responsible for installation, the vendor will be responsible for hiring personnel to perform such installation at its own costs. Such personnel will be considered employees of the vendor and are under his/her control and direction. The vendor will maintain Worker's Compensation in the statutory amount to cover such employees performing such installation work in accordance with the laws of the state in which the work of this contract is to be performed. The vendor shall also maintain Employee's Liability Insurance with limits of at least $100,000 for each accident, $100,000 to cover disease (each employee) with a disease policy limit of $500,000, for injuries excluded under the Worker's Compensation Act.

Prior to the commencement of any installation work by the vendor, the vendor will be required to submit a certificate of insurance evidencing Worker's Compensation and Employer's Liability Insurance in the amounts required above. In addition this certificate will indicate the amounts of insurance carried by the vendor of the following types: COMMERCIAL GENERAL LIABILITY INSURANCE, AUTOMOBILE LIABILITY INSURANCE, EXCESS LIABILITY INSURANCE, and any other insurance coverage maintained by the vendor.

If a sub-contractor will perform any aspect of the work, the contractor shall either (1) require each of his/her sub-contractors to procure and to maintain during the life of the sub-contract liability insurance of the type and in the same amounts as listed above, or (2) insure the activities of the subcontractor in his/her own policy. It will be the responsibility of the contractor to ensure that all subcontractors comply with this provision, and the contractor will indemnify and hold harmless the Board for failure of any subcontractor to comply with this provision.

The certificate of insurance will state that such insurance is in force and cannot be cancelled or released except upon thirty (30) days prior written notice to the Board.

All contracts of insurance shall specifically name the Board of Education of Frederick County and the Frederick County Board of Commissioners as additional insured parties. The contractor's insurance shall be primary and non-contributory to any insurance carried by the Board of Education. Waiver of subrogation applies to the above policies in favor of the certificate holder. Insurance companies must be AM Best Company rated at least A- / XII or better.

25. STORAGE OF EQUIPMENT

If in cases of school construction, the school or building is not ready to receive equipment on the estimated delivery date outlined in these specifications, the successful vendor(s) shall provide equitable warehouse space to receive equipment until such time the building is completed and equipment can be received.

Suitable warehouse space should be obtained by the successful vendor(s) within a one hundred-mile radius of the Board. Bidders shall state in their bid the location of their warehouse facilities. The Purchasing Department shall have the authority to inspect the warehouse prior to the awarding of bids.

In the event temporary warehouse facilities are needed, the Board will not be responsible for the equipment. The successful vendor(s) and/or the warehouse facility must provide adequate insurance.

If warehousing is not feasible, the vendor is responsible for working with their suppliers and/or manufacturers to adjust the new delivery schedule at no additional cost to the Board.

26. EXPEDITING DELIVERY/LIQUIDATED DAMAGES

A date for delivery and/or installation/assembly shall be stated in the bid specifications. The vendor will be notified when these dates have not been met. An additional fifteen (15) calendar days will be given to comply. After this grace period, the appropriate bonding company, if applicable, will be notified in writing with a copy sent to the vendor. If bonds are not required, liquidated damages may be assessed at the rate of one hundred fifty ($150) dollars per calendar day until delivery and/or installation/assembly is complete and satisfactory. Other rates may be set in lieu of or in addition to the amount stated above. If applicable, this information will be provided under Special Notices.

Requests for extension of completion time due to strikes, lack of materials, or any other causes over which the contractor has no control will be reviewed after written application is made to the Purchasing Department. Requests must occur immediately upon occurrence of conditions for a time extension to be granted. Extensions are not guaranteed.

27. HEALTH AND SAFETY STANDARDS

When applicable, all machinery/equipment must meet OSHA-MOSHA requirements as to the safety of the operation of the equipment. All required safety devices shall be included in the price(s) bid.

When applicable, kitchen equipment and supplies must meet Maryland State Health Department, National Sanitation Foundation (NSF) and Frederick County Health Department requirements.

All construction activities must be conducted in strict compliance with OSHA/MOSHA requirements.

Equipment offered which fails to comply with any applicable section of the National Electrical Code, or is not U.L. Listed (where U.L. Listings have been established for that type of device) shall be rejected.

The contractor and subcontractors are required to comply with all provisions of the Access to Information about Hazardous and Toxic Substances Act, a part of the Maryland Occupational Safety and Health Law.

28. ASBESTOS

The contractor is responsible to report to the Board any asbestos material or suspected material found or uncovered that is not part of the scope of the project. In addition, he/she may not introduce new asbestos or asbestos bearing materials into the site.

It is the responsibility of the contractor to comply with all Municipal, State, and Federal EPA regulations and laws when handling or disposing of asbestos materials.

If the contractor intentionally endangers or jeopardizes the health of any building/school occupant through mishandling of hazardous material, the contractor will be held liable for such action.

29. INSPECTIONS AND CORRECTION OF WORK

All work, all materials, whether incorporated into the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Board, whose representatives shall be the final judge of the quality and suitability. Should these fail to meet this approval they shall be forthwith reconstructed, made good, replaced and/or covered, as the case may be, by the contractor at his/her own expense. Rejected material shall be removed immediately from the site. If, in the opinion of the Board, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the contract documents, the compensation to be paid to the contractor hereunder shall be reduced by such amount as in the judgement of the Board shall be equitable.

The Board's representative shall at all times have access to the work wherever it is in preparation or progress and the contractor shall provide proper facilities for such access.

If the specifications, laws, ordinances, or any public authority require any work to be specially tested or approved, the contractor shall give the Board timely notice of its readiness for observations. If the inspection is by another authority, the contractor shall notify the Board of the date fixed for such inspection and shall use the required Certificate of Inspection.

If any work should be covered up without approval or consent of the Board it must, if required, be uncovered for examination at the contractor's expense. The Board may order re-examination of questioned work and, if so ordered, the contractor must uncover the work. If such work is found not to be in accordance with the contract documents, the contractor shall pay such cost. If another contractor employed by the Board caused the defect in the work, the Board shall pay such cost and recover the charges from the other contractor.

30. DAMAGES/RESPONSIBILITIES FOR ITEMS TENDERED

The vendors shall be held responsible for and shall be required to make good, at their own expense, any or all damages done or caused by them or their workers in the execution of the contract.

The vendors shall be responsible for the items covered by this contract until they are delivered and/or installed/assembled at the designated place of delivery.

31. GUARANTEE

Neither the final certificate of payment nor any provisions in the contract documents nor partial or entire occupancy of the premises by the Board shall constitute an acceptance of work not done in accordance with the contract documents or relieve the contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship.

The contractor shall also GUARANTEE THE MATERIALS, WORKMANSHIP, AND LABOR FOR ANY NECESSARY REPAIRS ON ALL STUDENT CHAIRS, STUDENT DESKS, TABLET ARM CHAIRS, ALL PURPOSE TABLES, TEACHER'S CHAIRS, AND TEACHER'S DESKS FURNISHED BY HIM/HER FOR A PERIOD OF TEN (10) YEARS FROM THE DATE OF ACCEPTANCE OF THE ITEMS DELIVERED AND INSTALLED. FURNITURE GLIDES AND CASTERS SHALL BE PROVIDED FREE OF CHARGE FOR A PERIOD OF ONE (1) YEAR ONLY FROM THE DATE OF ACCEPTANCE. This guarantee shall be against all defects due to the use of materials and/or workmanship that are inferior, defective, or not in accordance with the specifications.

On all other items, the contractor shall guarantee the material and workmanship on all services, equipment, materials, supplies, and labor furnished by him for a period of one (1) year from the date of acceptance, unless a longer or shorter period of time is stated elsewhere in the specifications.

If, within the guarantee period, any defects or signs of deterioration are noted, the contractor, at his/her expense, shall correct the condition or he/she shall replace the part or entire unit of work/equipment to the complete satisfaction of the Board. These repairs, replacements, or adjustments shall be made only at such times as will be designated by the Board as least detrimental to the instructional programs.

Should the contractor fail to comply with the terms of this guarantee, the Board may have such work performed, as it deems necessary to fulfill the guarantee, charging the cost to the contractor.

32. COMPLIANCE TO SPECIFICATIONS

The Board shall not be responsible to provide personnel, testing facilities, or other resources necessary to search out substitutions and deviations in bid proposals which are unclear through the nebulous terms such as "comparable", or blanket statements of deviation such as "our standard design, construction, hardware, finishes, etc." It shall be the responsibility of the bidder to submit a clear and concise bid proposal wherein each substitution and deviation is identified and described.

The bidder shall, upon request and with no cost to the Board, furnish documents, independent laboratory tests reports, and/or similar materials of proof to substantiate that the substitutions and deviations of the items he/she proposes to furnish do not prevent these items from being truly and factually equal to or exceeding that which is specified.

No substitutions or deviations in equipment will be permitted following the award of the contract unless "cause and effect" is presented in writing and approved by the Purchasing Department.

The cost of testing a representative sample of an order or shipment for acceptance and compliance with specifications shall be borne by the Board. If the order or shipment is rejected for failure to meet the requirements of the specifications or purchase description, the cost of testing will be charged to the vendor.

33. BILLING AND PAYMENT

Invoices shall be submitted in triplicate to:

FREDERICK COUNTY PUBLIC SCHOOLS

Hayward Complex

Finance Department/Attention: Accounts Payable Dept.

7630 Hayward Road

Frederick, Maryland 21702

Invoices must be submitted in the same format as the proposal form or purchase order. Invoices and packing slips must contain the following information:

-Bid Number

-Purchase Order Number