Procurement will generally require a bid security of 5% of the total amount of the bid for construction project solicitations expected to exceed $100,000.00. A bid security for other solicitations will be required at the discretion of the Procurement Department.

In all cases where a supplier or contractor is working on the College property, even if the work is incidental service, whether the service is provided against a contract or purchase order, whether it is emergency work or non-emergency work. Procurement will obtain and maintain a Certificate of Insurance from the Supplier or Contractor.

It is the policy of HCC that all actual or prospective bidders, respondents, offerors, or contractors that believe that they have been aggrieved by the solicitation or award of a purchase order or contract be offered administrative adjudication.

Formal protests of contract awards shall be made in writing to the Director for Procurement and shall be filed within ten (10) calendar days after the protesting party knows or should have knowledge of the facts giving rise to the protest. Protests filed after ten (10) calendar days will not be considered. The written protest shall include, at a minimum, the following information:

• Clear indication that the communication is a formal, written protest

• The name and address of the protesting party

• Appropriate identification of the procurement such as the solicitation number

• A statement of the reasons for the protest

• Supporting exhibits, evidence, or documents to substantiate any claims

• Signature of the duly authorized officer or agent of the protesting party

The Director for Procurement may request additional information from the protesting party who shall submit the information within established time periods. The protest will be forwarded by the Director for Procurement to the College’s General Counsel for review and recommendation. When a protest has been filed within ten (10) calendar days, and before an award has been made, the procurement process may be suspended at the sole discretion of the Director for Procurement and no award of the contract will be made until the protest has been settled. A decision on a protest shall be made in writing by the Director for Procurement within ten (10) working days after receiving the recommendation from the College’s General Counsel.

An appeal of a decision of the Director for Procurement may be submitted in writing to the College’s Vice President for Finance and Operations. Notification of the intent to appeal a decision of the Director for Procurement shall be communicated to the Director for Procurement, via mail or email, within two (2) business days of receipt of the decision. The actual appeal shall be filed not later than seven (7) calendar days after the receipt of such decision. The appeal shall contain a detailed statement of the factual and legal grounds upon which a reversal or modification is deemed warranted specifying any errors of law or information not previously considered. A decision of an appeal will be made as expeditiously as possible. The decision of the Vice President of Finance and Operations shall be final with respect to administrative remedies.

 

When a contract or purchase order is awarded on some basis other than price alone, unsuccessful bidders may request a debriefing to the Director for Procurement within a reasonable time. Requests for debriefing shall be made in writing. Debriefings shall be provided at the earliest feasible time after the final recommendation has been made and approved the College’s Board of Trustees (if applicable). The debriefing shall be conducted by the Director for Procurement.

The debriefing shall be limited to discussion of the unsuccessful bidder’s proposal and may not include discussion of a competing bidder’s confidential or proprietary information. The debriefing shall be factual, consistent with the evaluation proposal and may provide information on areas in which the unsuccessful bidder’s proposal was deemed weak or deficient.

The debriefing may not include discussion or dissemination of the thoughts, notes or rankings of individual members of an evaluation committee, but may include a summary of the rationale for the decision and recommended contract award.

Access to public records will be made available in accordance with the provisions of the Public Information Act.

A vendor, bidder, media or any member of the general public who wishes to review purchase order files may make the request, in writing, to the Director for Procurement. The Director for Procurement will arrange an appointment, phone call or conference call within thirty (30) days of the request. The requested files will be organized prior to the scheduled meeting or call and all designated trade secrets submittals or other proprietary data deemed to be confidential will be removed. If copies are requested, the Procurement Department will make the necessary arrangements for copies and pass on any costs to the requestor.

1)  Delivery and Packing

Delivery shall be made in accordance with instructions on the purchase order. All prices shall include delivery. All goods delivered under this agreement shall be packed in accordance with acceptable trade practices. Cartons containing packing list must be so marked. Uncrated or bundled goods must be tagged with waterproof tags. The purchase order number shall be shown on all packing slips, bills of lading and invoices.

2)  Terms of Delivery

Delivery terms shall be FOB destination unless otherwise stated.

3) Terms of Payment

Payment terms shall be net 30 days unless otherwise stated.

4) Tax Exemption

The College is generally exempt from Federal excise and Maryland sales and use taxes. Exemption certificates are available upon request.

5) Warranty and Non-Conforming Goods

All goods received shall be subject to inspection by the College. The College shall have a reasonable time within which to inspect the goods and shall not be obligated to inspect goods purchased as spare parts, inventory or for future use until the same are to be used by the College. Excess or defective goods or goods not in accordance with the College’s specifications will be held for a reasonable period of time for disposition in accordance with the Seller’s instructions at Seller’s risk and expenses and, if Seller directs, will be returned at Seller’s expense. Payment for goods or services furnished or performed by Seller shall not constitute acceptance by the College, and such payments shall be deemed to have been made without prejudice to any and all claims the College may have against Seller.

6) Time is of the Essence

Time is of the essence in the performance of this agreement.

7) Delays; Force Majeure

Seller shall not be liable for delays in manufacture or delivery of goods and services and the College shall be not be liable for delay in acceptance of any part of such goods and services to the extent that such delays are due to causes beyond the reasonable control of the party (Seller or College) affected thereby, such as acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, lockouts, floods, war, acts of terrorism, riot, provided that the party affected thereby promptly notifies the other party of such event and uses its best efforts to remedy the situation within a reasonable period of time.

8)  Patents

Seller guarantees that the sale and/or use of the goods offered will not infringe upon any U.S. or foreign patent. Seller will, at their own expense, indemnify, protect and save harmless the College, its Trustees, employees, agents and students with respect to any claim, action, cost or judgment for patent infringement, arising out of the purchase or use of these goods.

9)  Quantities

The College assumes no obligation for articles or materials shipped in excess of the quantity ordered.  Any over shipments will be subjected to rejection and may be returned at Seller’s expense.

10) Invoices

Invoices shall be mailed to Harford Community College, Accounts Payable, 401 Thomas Run Road, Bel Air MD  21015.  The purchase number must appear on the invoice.  Failure to comply may result in delay of payment. 

11)  Complete Agreement

The purchase order hereto and these terms and conditions, together with any other documents incorporated herein by reference, constitute the sole and entire agreement between the College and Seller with respect to the subject matter hereof, superseding completely any oral or written communications unless the terms thereof are expressly incorporated herein. Where Seller’s quotation is referred to herein, such quotation is incorporated in this document only to the extent of specifying the nature or description of the goods ordered and only to the extent such items are consistent with the other terms herein.

12) Termination for Convenience

The College may terminate all or any part of the purchase order and these terms and conditions for any reason at the College’s convenience upon written notice to the Seller. Upon such termination Seller agrees to waive all claims for damages, including those for loss of anticipated profits and to accept as its sole remedy for termination the value of all work performed prior to the termination and reasonable costs occasioned by termination, provided, however, that the College shall have no liability whatsoever for goods which are Seller’s standard stock.

13) Termination for Default

When the Seller has not performed or has performed unsatisfactorily, payment shall be withheld at the discretion of the College.  Failure on the part of the Seller to fulfill contractual obligations shall be considered just cause for termination of the agreement and the Seller is not entitled to recover any costs incurred by the Seller up to the date of termination.

14) Non Collusion

Seller certifies that is has neither agreed, conspired, connived or colluded to produce a deceptive show of competition in the compilation of bid or offer being submitted herewith.  Seller also certifies that it has not in any manner, directly or indirectly, entered into any agreement, participated in any collusion to fix the bid price or price proposal of the Seller or offeror herein or any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the bid or offer is submitted.

15)  Non-Hiring of Employees

No employees of the College, the State, or any Department, Commission, Agency or branch thereof whose duties as such include matters relating to or attending the subject matter of this agreement shall, while being employed, become or be an employee of the Seller.

16) Non Discrimination

The Seller agrees a) not to discriminate in any manner against an employee or applicant for employment due to race, color, religion, sex, national origin, age, status as an individual with a disability, veteran, sexual orientation, marital status or any other status as protected by law; b) include a provision similar to that contained in subsection (a) above in any subcontract for standard commercial supplies or raw materials; and c) to post and to cause subcontractors to post in conspicuous places to employees and applicants for employment, notices setting forth the substance of this clause.

17) Assurance of Non-Conviction of Bribery

Seller hereby declares and affirms that, to it best knowledge, none of its officers, directors or partners and none of its employees directly involved in obtaining contracts has been convicted of bribery, attempted bribery or conspiracy to bribe under the laws of any state or the Federal Government.

18)  Maryland Public Information Act

The Seller recognizes that the College is subject to the Maryland Public Information Act, Title 10 of the State Government Article of the Annotated Code of Maryland.  Seller agrees that it will provide any justification as to why any material, whole or in part, is deemed to confidential, proprietary information or trade secrets and provide any justification of why such materials should not be disclosed

19)  Disputes

Any disputes arising under this contract which is not disposed of by agreement shall be decided by the President of Harford Community College or a designee. Pending final decision of the dispute, the Seller shall proceed diligently with the contract performance. Nothing hereunder shall be interpreted to preclude the parties from seeking, after completion of the contract, any and all remedies provided by law.

20) Insolvency

If the College has reasonable cause to believe the Seller is insolvent, or if any petition in bankruptcy or under any law for the relief of debtors is filed by or in respect of Seller, then at the option of the College, the agreement shall immediately terminate. In no event shall the agreement become an asset in any such proceeding nor shall the College be bound hereby after any act of bankruptcy by Seller.  Any delay by the College to exercise the right to terminate under this section shall not diminish or waiver that right.

21) Hazardous and Toxic Substances

Seller must comply with all applicable Federal, State, County and local laws, ordinances and regulations relating to hazardous and toxic substances including such laws, ordinances, and regulations pertaining to access to information about hazardous and toxic substances and as amended from time to time.  Seller shall provide to the College’s Environmental Safety Office a “Material Safety Data Sheet” including reference to the purchase order number, or in the case of a controlled hazardous waste substance, a hazardous waste manifest for all hazardous chemicals listed or subsequently added to the Chemical Information List in compliance with applicable laws, ordinances and regulations.

22) Audit

Seller shall permit audit and fiscal and programmatic monitoring of the work performed under any contract issued. The College shall have access to and the right to examine and/or audit any records, books, documents and papers of Seller and any subcontractor involving transactions related to this agreement during the term of this agreement and for a period of three (3) years after final payment under this agreement.

23) Record Retention

The Seller shall retain and maintain all records and documents relating to the subject matter of this agreement for three (3) years after final payment by the College under this agreement.

24) Insurance and Indemnification

The Seller or Contractor will be required to have proper identification showing Supplier name and technician name, at all times while on campus. The Seller or Contractor shall maintain such insurance as will indemnify and hold harmless the College from Worker’s Compensation and Public Liability claims for property damage and personal injury, including death, which may arise from the Seller’s or Contractor’s operations under this agreement, or by anyone directly or indirectly employed by the Seller or Contractor.  The College shall be named as additional insured on the insurance certificate.

25) Compliance with Laws

Seller agrees to comply, at no additional expense, with all applicable executive orders, Federal, State, County, regional and local laws, ordinances, rules and regulations in effect as of the date of this agreement and as they may be amended from time to time, including but not limited to the equal employment opportunity clause set forth in 41 CFR 60-250.4 and U.S. laws regarding hiring practices to ensure a legal workforce.

26) Maryland Law

This agreement shall be construed and interpreted according to Maryland Law.