020-DW-0125_Network_Equipment_E-Rate_ITB_final.pdf

Polk County Public Schools 1915 South Floral Avenue PO Box 391 Bartow, Florida 33831-0391

(863) 534-0576

INVITATION TO BID

www.polkschoolsfl.com

Date Issued: November 08, 2024 CONTACT PERSON:

Denise Whitaker Competitive Solicitations Manager denise.whitaker@polk-fl.net

BID TITLE: Network Equipment E-Rate BID NUMBER: 020-DW-0125

DUE DATE, TIME: December 13, 2024, 4:00 PM (ET)

BIDS RECEIVED AFTER DUE DATE AND TIME WILL NOT BE

CONSIDERED.

PRE-BID CONFERENCE: N/A

THE BIDDER ACKNOWLEDGMENT BELOW MUST BE COMPLETED, SIGNED and RETURNED WITH YOUR BID RESPONSE IN ORDER FOR YOUR BID TO BE ACCEPTED. We will accept either signed PDF documents electronically uploaded on VendorLink, or digital signatures on documents electronically uploaded on VendorLink.

BIDDER ACKNOWLEDGMENT

LEGAL COMPANY NAME (BIDDER) FEID NUMBER

MAILING ADDRESS TELEPHONE NUMBER (Toll Free if available) EXT.

CITY, STATE, ZIP FAX NUMBER

E-MAIL ADDRESS TO SEND PURCHASE ORDERS

The undersigned, having carefully examined the “Invitation to Bid” with any attached “Special Terms and Conditions” and addenda (if applicable) agrees to abide by all conditions of the bid and offers to furnish the items or services as set forth. I further certify that I am authorized to sign this bid.

Signature of Authorized Representative (Manual) Name of Authorized Representative (Typed or Printed)

Title E-Mail Address of Authorized Representative http://www.polkschoolsfl.com/

GENERAL INSTRUCTIONS, TERMS AND CONDITIONS

All solicitations and supporting documents will be posted on VendorLink at www.myvendorlink.com. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates. It is the responsibility of the Bidder to be certain that all pages of the bid, all attachments thereto and all addenda released are received prior to submitting a bid without regard to how a copy of the bid was obtained. All bids are subject to the conditions specified herein on the attached bid documents and on any addenda issued thereto. Further, it is the responsibility of every vendor to register and maintain their current email and mailing address at www.myvendorlink.com.

1. ELECTRONIC BID SUBMISSION: All bid submissions must be transmitted electronically through VendorLink at www.myvendorlink.com. It is the sole responsibility of the bidder to ensure that their bid response is submitted through VendorLink no later than the time and date indicated on the Invitation to Bid/Bidder Acknowledgement Form or as amended in the form of an addendum issued by the Purchasing Department. The bidder is responsible for allowing adequate time to upload their submittal on VendorLink. If technical difficulties arise during submission of the bid response, it is the bidder’s responsibility to contact VendorLink technical support at support@evendorlink.com. Polk County Public Schools shall not be responsible for delays caused in any occurrence. Submittals sent by mail, facsimile, electronic mail, telephone or any other means not specified herein will not be accepted. Acceptable file formats for upload are Microsoft Excel (.xls or .xlsx), .pdf or .ZIP file formats. Printing must be enabled on all files submitted.

2. DEFINITIONS: For the purpose of this Invitation to Bid, the term “Bidder”, “Contractor”, “Respondent” and “Vendor” shall be considered synonymous.

3. PUBLIC RECORD: All responses to this sealed bid are subject to release as public records consistent with Chapter 119 Florida Statutes. Only names of respondents will be provided at bid opening. Pricing and other contents of bid responses will be disclosed as noted in Section 119.071(1) (b), F.S. and Section 286.0113, F.S.

CONFIDENTIAL OR TRADE SECRET MATERIAL: Any claim by the Bidder that its bid response is confidential, or a trade secret must be made in compliance with §§ 812.081 and 815.045, Florida Statutes. Furthermore, if the Bidder considers any portion of its bid response exempt from public record disclosure pursuant to Florida law, the Bidder must also simultaneously provide the School Board with a redacted copy of its response clearly titled “Redacted Copy” removing those exact portions claimed confidential, proprietary, or trade secret.

Bidder agrees to willingly cooperate and promptly indemnify and defend the School Board for any non-disclosure. If Bidder fails to provide a Redacted Copy with its bid response, the School Board is authorized to produce the Bidder’s entire response as a public record.

CONFIDENTIAL INFORMATION: The Parties agree to maintain confidential records and information pursuant to law (e.g. the Federal Education Right to Privacy Act, Health Insurance Portability and Accountability Act). Regarding Data Storage/Breaches, the Vendor will employ commercial best practices for ensuring the security of all School Board data including but not limited to electronic, spoken and paper information accessed, used, created, maintained, disposed of, or otherwise handled (hereafter “information activities”) in the course of the Vendor’s performance of this Agreement. In the event of a breach of security as defined in Section 501.171, Florida Statutes, the Vendor shall notify the School Board immediately, but no later than ten calendar days following a determination of a breach of data security. Additionally, the Vendor shall fully cooperate, at its own expense, with the School Board regarding the School Board’s statutory notification requirements. This cooperation includes law enforcement and auditors. Additionally, the Parties acknowledge that PCPS as a local governmental entity is subject to the State of Florida's public record laws, as mentioned above.

Should a request be made for disclosure of confidential records of the Vendor, PCPS shall provide notice to the other party who may then, at its discretion, respond to the request. Should the Vendor not disclose the records or documents, the Vendor will defend and indemnify PCPS for any fees and costs which are incurred or taxed against the PCPS due to the non-disclosure. Should the Vendor require confidential student information or PII as a “school official,” it may enter into a separate Data Sharing Agreement with PCPS.

4. POSTING OF NOTICE OF RECOMMENDED BID AWARDS:

Recommended award of this bid will be posted at the School Board Administrative Offices and at www.myvendorlink.com for a period of at least 72 hours. See the “Anticipated Schedule of Events” section of the Special Terms and Conditions for specific information. Bid files and tabulations may be examined during normal working hours.

5. BASIS FOR AWARD: Bidders whose bids, past performance, or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements of the Contract may be rejected as non-responsible.

http://www.myvendorlink.com/ http://www.myvendorlink.com/ mailto:support@evendorlink.com

6. PRICES AND TAXES: All prices are normally fixed for the duration of the contract period. Fluctuating or adjustable prices are only acceptable if so stated in the Special Terms and Conditions. The School Board is exempt from State sales and use taxes and Federal excise taxes. (State Exemption No. 85-8013927632C-8)

7. ADJUSTMENTS TO CONTRACT TERMS & CONDITIONS

NECESSITATED BY VOLATILITY OF THE MARKETPLACE:

Ninety days after start of the contract, the District may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply are affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all of the following criteria:

1. The volatility is due to causes wholly beyond the Bidder’s control and

2. The volatility affects the marketplace or industry, not just the particular Bidder’s source of supply and

3. The effect on pricing or availability of supply is substantial and

4. The volatility so affects the Bidder that continued performance of the contract would result in substantial loss or financial hardship.

No request for price adjustment under this contract shall be considered prior to 90 days after start of the contract. Requests for adjustments under this section shall not be considered more than once per contract period.

A request for a price adjustment will be accompanied by a copy of notice from manufacturer to Bidder, copies of original price lists from manufacturer along with new price lists to Bidder, or comparable documentation as agreed upon by Director of Purchasing or their designee.

The determination as to whether a situation represents “extreme” volatility of the marketplace and/or whether the effect on pricing or availability is “substantial” shall be solely at the discretion of the District.

The District shall reserve the right to request a decrease in the event of a significant decrease in market price of any product or service listed on the bid form.

Any price adjustment shall be approved by the Director of Purchasing or their designee prior to the new price becoming effective.

8. DELIVERY: Deliveries must be made in accordance with specified delivery schedules or as soon as possible after receipt of the purchase order if no delivery schedule is specified or bid. All delivery containers must be marked with the Polk County

School Board purchase order number and product item number. Unless stated otherwise, all products being shipped into the Board’s warehouse shall be packaged in cardboard cartons so as to prevent damage both in transit and in the warehouse. For all truck deliveries into the warehouse, the Bidder is required to provide notification AT LEAST 24 HOURS PRIOR TO DELIVERY. For Bartow deliveries, call Warehouse Receiving at (863) 534-0910. . For Winter Haven warehouse deliveries, call 863-291-5292. Truck drivers will be required to assist in unloading.

9. QUANTITIES: Quantities shown are simply estimates that may be purchased during the bid period and do not obligate the District to purchase the quantities stated on the Bid Form and Specifications. Purchases may be made for more or less quantities of any particular item, at any time, during the bid period.

10. EQUIVALENT PRODUCTS: Any manufacturers’ trade, brand, model or catalog number listed as a specification is for information purposes and not to limit competition. The Bidder may offer any equivalent current production model which meets or exceeds the specifications unless noted otherwise in the specifications. If an equivalent model is offered, the Bidder must clearly indicate any deviation from the specifications and include complete descriptive literature on alternate item(s) or the items will not be considered.

11. SPECIFICATIONS: All items offered must be in accordance with specifications except as noted above. Minor departures from specifications may be considered at the option of the Board. When applicable, all products shall carry evidence of Underwriters’ Laboratory (UL) listing and comply with the requirements of the Occupational Safety and Health Act (OSHA). When applicable, delivered items must be accompanied by a Safety Data Sheet (SDS).

If product packing or packaging is to be different than specified in the bid, the Bidder must state any deviation. The bid, lacking any statement to the contrary, will be received as being in complete compliance with specifications. When more than one bid meets all specifications, the Board reserves the right to determine the “Lowest and Best” bid. Bid items are subject to testing at the Bidder’s expense. Delivery of items not meeting specifications is cause for removal from the list of acceptable Bidders and no payment will be made for the entire delivery, including usage.

12. SAMPLES: When requested, samples will be furnished at Bidder’s expense. Requests for sample returns must be made within 30 days of the bid opening. If no return request is made, the samples will become the property of the Board. Failure to submit samples when required may result in non-acceptance of the bid. Do not send samples unless requested.

13. SERVICE AND WARRANTY: Bidder should attach any warranties offered and explain warranties and service provided. These may not be in conflict with warranties required in the specifications.

14. ACCEPTANCE OR REJECTION: The right to accept or reject any bids or individual items in the bids and to waive irregularities in bids is reserved by the Board.

15. DETERMINATION OF BID AWARD BASIS: Unless otherwise noted, bid awards may be made on either a composite or a line item basis.

16. MISTAKES: In case of mathematical errors, the Bidder’s unit price shall be considered the bid price. It is the Bidder’s responsibility to understand the terms, conditions, and specifications of the bid. Failure to do so will be at the Bidder’s risk.

17. PLACING AND ACCEPTANCE OF ORDERS: The award of this bid does not constitute an order. Before delivery is made the Bidder must receive a duly executed purchase order or contract. Acceptance by the Bidder is assumed upon issue by the Board of a duly executed purchase order or contract. Inspection and acceptance of items will be at the stated destination(s) unless otherwise provided, and title to and risk of loss or damage is the responsibility of the Bidder until acceptance by the Board.

18. ASSIGNMENT: No assignment of an order or monies to be derived therefrom is acceptable without the prior written approval of the Board.

19. INVOICES AND PAYMENT FROM PURCHASE ORDERS:

All invoices must be submitted to the Board with each purchase order being invoiced separately. The District purchase order number should appear on all invoices.

Payment will only be made after the commodity or service has been received, accepted and accurately invoiced.

20. STANDARDS OF CONDUCT: The contractor shall at all times enforce strict discipline, good order, proper dress and appearance among employees and shall employ skilled personnel for the assigned work. No person shall be allowed to bring alcoholic beverages, controlled substances, firearms, or dogs to the site.

Smoking on school premises is not permitted.

21. PERFORMANCE: If the Bidder refuses or is unable to make delivery within a reasonable time, the Board may hold the Bidder responsible for any damages or costs incurred by the Bidder’s actions. The Board may withhold payments pending satisfactory compliance with the terms of the agreement. The Bidder shall hold and save the Board and Board employees harmless from liability of any kind in the performance of this contract.

22. CONTRACT FAILURE: Should any Contractor fail to enter into a contract with the School Board on the basis of the submitted bid by said Contractor, Contractor acknowledges that Contractor shall be liable to the School Board for the difference between such bid price and the price the School Board pays to secure the merchandise from another source. Failure to pay said amount to the School Board upon demand will result in the company being removed from the bid list for a period of not less than two (2) years from the date of infraction.

23. CONFLICT OF INTEREST: All Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the Board. Further, all Bidders must disclose the name of any Board employee who owns, directly or indirectly, any interest of any amount in the Bidder’s firm or branches.

24. ATTACHMENTS: All attached sheets are a part of this bid and any Special Terms and Conditions contained therein which are in conflict with the GENERAL INSTRUCTIONS, TERMS AND CONDITIONS shall have precedence.

25. ADDENDUM: Any changes in this Invitation to Bid shall be in the form of a written addendum by the Purchasing Director (or designee). No other person shall be authorized to make changes verbally or in writing. Any such addenda will be posted at www.myvendorlink.com. It shall be the responsibility of the bidder to ascertain if any addenda have been issued and to obtain all such addenda. Any Addendum or Addendum Acknowledgement Form shall be returned with this bid response by the bidder, if applicable.

26. REQUESTS FOR BID INFORMATION & RELATED DATA:

Requests for information relating to bids in process should be directed to the individual listed on page 1 of this bid document. Requests will be addressed without delay when such information has a material effect on the completion of your bid response. Every effort will be made to supply other requested information of a less critical nature within (48) hours from receipt of a request.

Visit www.myvendorlink.com to obtain:

A copy of a bid packet for a contract or project currently out for bid A copy of any addenda issued to current bids in process General information regarding the Purchasing

Department may be found on the Purchasing Department’s website at https://www.polkschoolsfl.com/cms/one.aspx?port alId=3007402&pageId=3314109.

27. EXTENSION: The Board reserves the option to extend the contract period provided the Bidder is in agreement.

28. DISPUTES: Any person who may be adversely affected by an intended decision with respect to the award of any bid, may protest such a decision by http://www.myvendorlink.com/ http://www.myvendorlink.com/ https://www.polkschoolsfl.com/cms/one.aspx?portalId=3007402&pageId=3314109 https://www.polkschoolsfl.com/cms/one.aspx?portalId=3007402&pageId=3314109 following the Bid Protest procedure as outlined in Policy #6320 of the School Board of Polk County. A copy of the procedure is posted online at https://go.boarddocs.com/fl/polk/Board.nsf/Public ?open&id=policies and is permanently posted at the administrative offices of the School Board of Polk County, Florida. Failure to follow the requirements of the bid protest procedures established by the School Board of Polk County, Florida shall constitute a waiver of all protest rights. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

29. PREFERENCE FOR DRUG-FREE WORKPLACE: Whenever two or more bids which are equal with respect to price, quality, and service are received, preference shall be given to a bid received from a business that certifies that it has implemented a drug-free workplace program in accordance with Section 287.087, Florida Statutes. In order to receive preference, a signed certification of compliance must be submitted with the bid response.

30. AGREEMENT: This Bid and the Purchase Orders issued hereunder constitute the entire agreement between the School District and the Vendor awarded the bid.

No modification of this bid shall be binding on the District or the Bidders.

31. TERMS AND CONDITIONS: No additional terms and conditions included with the bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposely through intent or design or inadvertently appearing separately in transmitted letters, specifications, literature, price estimates or warranties, it is understood and agreed the General Instructions, Terms and Conditions, and Special Terms and Conditions in this bid solicitation are the only terms and conditions applicable to this bid and the bidders authorized signature affixed to the bidder acknowledgment form attests to this.

32. PUBLIC ENTITY CRIME & CONVICTED VENDOR LIST: Per the provisions of Florida Statute 287.133 (2)(a), “a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statute 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list”. The prospective bidder certifies, by submission and signature of this bid, that neither the bidder, nor its principal, its agent or its representative is presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from participation in this transaction or otherwise precluded by Florida Statute 287.133 from participating in this contract.

33. DISCRIMINATORY VENDOR LIST: Per the provisions of

Florida Statute 287.134(2)(a), “An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity.” The prospective bidder certifies, by submission and signature of this bid, that neither the bidder, nor its principal, its agent or its representative is presently on the discriminatory vendor list, or otherwise precluded by Florida Statute 287.134 from participating in this contract.

34. SCRUTINIZED COMPANY CERTIFICATION: Per the provisions of Chapter 287.135 Florida Statutes, a company is ineligible to, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services in any amount if, at the time of bidding, submitting a proposal for or entering into a new contract or renewing an existing contract, is on the Scrutinized Companies that Boycott Israel list created pursuant to s. 215.4725 F.S. or is engaged in a boycott of Israel; or for $1 million or more if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to s.

215.473 or is engaged in business operations in Cuba or Syria.

The company/vendor certifies by submission and signature of this bid that: it is not on the Scrutinized Companies with Activities in Sudan List; the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; the Scrutinized Companies that Boycott Israel list, engaged in a boycott of Israel or that it is not engaged in business operations in Cuba or Syria. Any contract for goods or services of any amount may be terminated at the option of the awarding body if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. A contract for goods https://go.boarddocs.com/fl/polk/Board.nsf/Public?open&id=policies https://go.boarddocs.com/fl/polk/Board.nsf/Public?open&id=policies and services of $1 million or more may be terminated at the option of the awarding body if the company is found to have submitted false certification, has been placed on any of the other lists in this section or has been engaged in business operations in Cuba or Syria.

35. NON-COLLUSION: The bidder certifies, by submission and signature of this bid, that it warrants that he/she has not employed or retained any company or person other than a bonafide employee working solely for the bidder to solicit or secure this bid and that he/she has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bonafide employee working sole for the bidder, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from this award or making of this bid.

The bidder further certifies that its bid is made without previous understanding, agreement or connection with any person, firm or corporation making a bid for the same item(s) and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action.

36. COMPLIANCE WITH THE JESSICA LUNSFORD ACT:

Florida Statutes contain certain fingerprinting and/or screening requirements pertaining to all persons or entities entering into contracts with Schools/School Boards/School Districts/Charter Schools who may have personnel who will be on school grounds when students may be present. Any individual who fails to meet the statutory requirements shall not be allowed on school grounds. Failure to comply with the statutory requirements will be considered a material default of this contract/agreement. Please visit https://www.polkschoolsfl.com/cms/one.aspx?portal Id=3007402&pageId=3313519 for a list of links to requirements regarding the Jessica Lunsford Act.

37. FAMILIARITY WITH LAWS: The awarded vendor is required to be familiar with all Federal, State, and local laws, ordinances, rules and regulations that may in any manner affect their work. Failure on the part of the vendor to be aware of any law, ordinance, rule or regulation will in no way relieve him from any responsibility or liability arising from the contract award. The awarded vendor assures and certifies that they will comply with all laws, ordinances, rules, regulations, and all other legal requirements.

38. SALES TO OTHER PUBLIC AGENCIES: With the consent and agreement of the successful bidder(s), purchases may be made under this bid by other public agencies within the State of Florida. Such purchases shall be governed by the same terms and conditions as stated herein.

39. TERMINATION OF CONTRACT: This contract may be terminated without liability to the School Board in whole or in part when it is deemed to be in the best interest of the School Board to so act. Notification of termination must be in writing and issued by the Director of Purchasing or designee.

A. DEFAULT (CAUSE). The School Board may terminate all or any part of a subsequent award by giving notice of default to Contractor, if Contractor:

1) Refuses or fails to deliver the goods or services within the time specified;

2) Fails to comply with any of the provisions of this

Bid or so fails to make progress as to endanger performances, hereunder, or;

3) Becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency, or relief of debtors. In the event of termination for default, the School Board’s liability will be limited to the payment for goods and services delivered and accepted as of the date of termination.

4) Termination for cause includes terminations under 287.135, F.S.

B. CONVENIENCE. The School Board may terminate for its convenience at any time, in whole or in part. The Contractor shall stop work immediately upon notification of termination unless otherwise agreed upon. In the event of termination for convenience, the School Board’s sole obligations will be to reimburse Contractor for:

1) Those goods or services actually shipped/performed and accepted up to the date of termination, and

2) Costs incurred by Contractor for unfinished goods, which are specifically manufactured for the School Board and which are not standard products of the Contractor, as of the date of termination, and a reasonable profit thereon.

3) In no event is the School Board responsible for either loss of anticipated profit or reimbursement exceeding the Bid value.

C. FUNDING. Contracts awarded hereunder are subject to the appropriation and availability of funds as approved by the School Board of Polk County, Florida. In the event funds for the specific purpose of this solicitation are not appropriated or are insufficient, the contract may be terminated immediately without penalty or expense to PCSB of any kind whatsoever.

40. SOLICITATION OF DISTRICT EMPLOYEES:

Bidders/vendors and others involved with this bid are prohibited from making any offer of any value to any employee of the School Board who is directly or indirectly involved in the development, solicitation or evaluation and subsequent recommendation for award of this bid.

41. CONE OF SILENCE: A cone of silence is hereby established for all competitive selection processes including Invitations to Bid (ITB), Requests for Proposal (RFP) and Invitations to Negotiate (ITN) for the provision of goods and services. The cone of https://www.polkschoolsfl.com/cms/one.aspx?portalId=3007402&pageId=3313519 https://www.polkschoolsfl.com/cms/one.aspx?portalId=3007402&pageId=3313519 silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the recommendation of contract award. Pursuant to School Board Policy 6324, the School Board of Polk County enacts a cone of silence that commences after the advertisement of the ITB, RFP or ITN. The cone of silence terminates at the time a written recommendation from the Purchasing Department or Facilities Department regarding contract award is either presented to the Superintendent for approval or the Board for action.

All provisions of School Board Policy 6324 are applicable to this solicitation.

42. The District hereby notifies interested parties that the purchasing agreements and state term contracts, available under s. 287.056, of the Department of Management Services have been reviewed for the subject of this solicitation.

43. When Federal funds are expended by the School

Board of Polk County, the following provisions pertain as applicable:

A. Equal Employment Opportunity (2 CFR Part 200.326(C)): All vendors, contractors and subcontractors must comply with Executive Order 11246, entitled “Equal Employment Opportunity” as amended by Executive Order 11375, implementing regulations at 41 CFR Part 60. Applies to all construction contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3.

B. Copeland “Anti-Kickback” Act (2 CFR Part 200.326(D)): All vendors, contractors and subcontractors must comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR part 3). Applies to all contracts and sub grants for construction or repair.

C. Davis-Bacon Act (2 CFR Part 200.326(D)): All vendors, contractors and subcontractors must comply with the Davis-Bacon Act (40 U.S.C. 3141- 3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR part 5).

Applies to all prime construction contracts in excess of $2000 awarded by the district and sub grantees when required by Federal grant program legislation.

D. Contract Work Hours & Safety Standards Act (2 CFR Part 200.326(E)): All vendors, contractors and subcontractors must comply with 40 U.S.C. 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) as supplemented by Department of Labor regulations (29 CFR part 5). Applies to all applicable contracts awarded by the district and sub grantees in excess of $100,000 that involve the employment of mechanics or laborers.

E. Access to Records (2 CFR Part 200.336): All vendors, contractors and subcontractors shall give access to the School Board of Polk County, the appropriate Federal agency, Inspectors General, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers and records of the vendor which is directly pertinent to this specific bid for the purpose of making audit, examination, excerpts and transcripts.

F. Rights to Inventions Made Under a Contract or Agreement (2 CFR Part 200.326 (F)): The recipient or subrecipient must comply with the requirements of 37 CFR Part 401and any implementing regulations issued by the awarding agency. Applies to Federal awards meeting the definition of “funding agreement” under 37 CFR §401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization.

G. Clean Air Act (2 CFR 200.326(G)): All vendors, contractors and subcontractors must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water pollution Control Act as amended (33 U.S.C. 1251-1387). Applies to contracts, subcontracts and sub grants for amounts in excess of $150,000.

H. Energy Efficiency (2 CFR 200.326(H)): All vendors, contractors and subcontractors must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C.

6201).

I. Federal Debarment Certification (2 CFR Part 200.326(I): Certification regarding debarment, suspension, ineligibility and voluntary exclusion as required by Executive Orders 12549 and 12689, Debarment and Suspension, and in accordance with 2 CFR, Part 180, as defined at 2 CFR Part 180, Section 300.

1) The prospective lower tier participant certifies, by submission and signature of this bid, that neither it, nor its principals, its agents or its representatives are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid.

J. Anti-Lobbying Certification (2 CFR Part 220.326(J):

Certification regarding use of Federal funds as required by Byrd Anti-Lobbying Amendment 31 U.S.C.

1352. Applies to contractors that apply or bid for an award of $100,000 or more.

1) The contractor certifies, by submission and signature of this bid, that during the term and after the awarded term of an award for all contracts resulting from this procurement, it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment 31 U.S.C. 1352, including that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

2) Where funds other than Federal appropriated funds are used for such purpose in connection with obtaining any Federal award, contractor must disclose same.

K. Procurement of recovered materials (2 CFR §200.322): The non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. Applies to items where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000.

L. Records Retention: (2 CFR §200.333): Financial records, supporting documents, statistical records and all other non-Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass-through entity in the case of a subrecipient.

M. Domestic preferences for procurements (2 CFR §200.322): As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).

(b) For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

N. Telecommunications/video surveillance services or equipment: The recipient or subrecipient must comply with the requirements of 2 CFR §200.216.

Applies to contracts to procure or obtain equipment, services or systems that use covered telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part of any system as defined in this section.

44. ANTI-DISCRIMINATION: Neither the vendor/contractor nor PCPS will discriminate against faculty, staff, contractors, or students on the basis of age, color, disability, ethnic origin, nationality, genetic information, gender, including gender identity, sexual orientation or gender expression, race, religion, or veteran status, or any other category protected by federal, state, or local law in its educational programs, website accessibility, admission policies, financial aid, employment or other school administered programs. The Parties will abide by PCPS's anti-discrimination and anti-bullying policies in accordance with the law while accomplishing this Agreement.

45. EMPLOYMENT ELIGIBILITY VERIFICATION (“E-VERIFY”)

Section 448.095, Florida Statutes. The employment of unauthorized aliens by any vendor/contractor or subcontractor is considered a violation of Section 274A(e) of the federal Immigration and Nationality Act.

Florida law requires registration with and use of the federal employment eligibility verification (“E-Verify”) system on state contracts for goods and services. If the contractor or subcontractor knowingly employs unauthorized aliens, such violation will be cause for immediate contract termination as a matter of law.

The contractor or subcontractor will be barred from any other contracts with the School Board and may be required to cover any additional costs incurred by the School Board. The vendor/contractor certifies, by signature and submission of this bid, its compliance with the E-Verify System requirements.

NOTE: The Bidder Acknowledgment on Page 1 MUST be completed and signed for your bid to be considered.

Rev. Pur. 03/26/2024

The School Board of Polk County, FL Network Equipment E-Rate

020-DW-0125

Special Terms and Conditions

A. SCOPE: The School Board of Polk County, Florida (District) is requesting competitive bids for network equipment. Prices shall be for material only as District personnel will perform installation. It is our intent to purchase the quantities stated, in this ITB and is contingent upon E-Rate approval of the district’s funding request and district funds.

B. ANTICIPATED SCHEDULE OF EVENTS (Subject to change as conditions may dictate) Activity Date

Release of Bid 11/08/2024 Deadline for receipt of questions at www.myvendorlink.com 11/14/2024, 5:00 PM (ET) Release of responses to questions, on or about 11/15/2024 Deadline for electronic receipt of bids at www.myvendorlink.com 12/13/2024, 4:00 PM (ET) *Bid Opening 12/13/2024, 4:00 PM (ET) **Post Bid Tab and Notice of Recommended Bid Award at District Administrative Offices and at www.myvendorlink.com (on or about)

12/17/2024

**Approval of Recommendation of Award (on or about) 1/28/2025 *Bid Opening occurs at the District Office at 1915 S. Floral Avenue, Bartow, Florida 33830. Only names of respondents will be provided at bid opening. Pricing and other contents of bid responses will be disclosed as noted in Section 119.071(1)(b), F.S. and Section 286.0113, F.S. Individuals interested in attending, must register in person, present a photo id, and will be issued a district badge. For ADA assistance, contact the Office of Equity and Compliance, 863-534-0781 at least 3 business days before the meeting.

**If the time allotted to make the selection of contractors as stated above proves to be insufficient, the posting of the Notice of Recommended Bid Award and the Superintendent (or Board) approval date could both change. It is the vendors responsibility to continue to monitor www.myvendorlink.com or contact the purchasing department for more specific information as to when the notice will be posted.

C. CLARIFICATION/INTERPRETATION/ADDITIONAL INFORMATION: Written questions concerning clarification, interpretation, or additional information must be submitted to the same website where this document is posted at www.myvendorlink.com. All written questions must be received at www.myvendorlink.com no later than the deadline for receipt of questions in the Anticipated Schedule of Events section of this document. It is the sole responsibility of the bidder, at its own risk, to ensure that written questions are received no later than the deadline indicated above. Telephone inquiries will not be accepted.

D. OFFICIAL RESPONSES: Responses to questions received by the deadline shall be posted to the same website where this bid is posted at www.myvendorlink.com and in the EPC Portal. Any changes in this invitation to bid shall be in the form of a written addendum by the Purchasing Director (or designee). Reference General Terms and Conditions, section 25, Addendum. No verbal responses will be given. No oral interpretation will be made to anyone as to the meaning of the solicitation. Any oral communication will be considered unofficial and non-binding on the District.

E. RESTRICTIONS ON CONTACTING THE DISTRICT: Pursuant to School Board Policy 6324, upon the issuance of this

Invitation to Bid, all contact with the District must be made through the designated contact person listed in page 1 of this Invitation to Bid. Potential vendors, service providers, bidders, lobbyists or consultants must limit communication with the designated contact to the means specified in this Invitation to Bid. Other District employees and representatives of the District are instructed not to answer questions regarding the bid or otherwise discuss the contents of the bid with potential bidders or their representatives. Any contacts made with other District employees or representatives of the District (including school principals, Board members or member-elects) will be reported to the Purchasing Department. Potential Bidders shall not, under the penalty of law, offer any gratuities, favors or anything of monetary value to any officer or employee of the District or representative of the District in connection with this competitive procurement. Violation of this policy by a particular bidder, http://www.myvendorlink.com/ http://www.myvendorlink.com/ http://www.myvendorlink.com/ file://fs9000ds/Purchasing$/RBDATA/MSWORD/BIDS/BIDS%20-%20MDW/013-MDW-0822%20Batteries%20Automotive/www.myvendorlink.com%20 file://fs9000ds/Purchasing$/RBDATA/MSWORD/BIDS/BIDS%20-%20MDW/013-MDW-0822%20Batteries%20Automotive/www.myvendorlink.com%20 proposer, respondent and/or representative may, at the discretion of the District, result in rejection of said bidder, proposer, respondent and/or representative’s bid, proposal or offer and may render any contract award to said bidder, proposer or respondent voidable.

F. CONTRACT PERIOD: The agreement includes an initial contract period for one (1) year beginning July 1, 2025.

By mutual agreement of the district and the awarded bidder, the contract may be extended for four (4) additional one (1) year periods under the same terms and conditions as the original bid. Pricing must include freight, handling and all associated charges. Pricing must be held firm for the duration of the associated contract period(s) or until all work associated with the contract is complete.

G. F.O.B. DESTINATION: All pricing in the bid shall include all fees and charges including delivery to the sites listed in this document or attachments. All vendors are required to submit the 020-DW-0125 Network Equipment List Bid Form.

H. SERVICE PROVIDER REGISTRATION: Bidder certifies, by signature and submission of their bid, that they comply and will remain in compliance with any rules and regulations of the E-Rate program. If noncompliance, vendor agrees to reimburse the District for funds the District would have received if the vendor would have been in compliance with the E-Rate program. The District intends to apply for E-Rate program discounts administered by Universal Service Administrative Company (USAC). The bidder must register as a service provider with the USAC, Schools and Libraries Division (SLD) and provide documentation of Service Provider Identification Number (SPIN/498 ID) with bid submission. The bidder must furnish their SPIN # or their bid will be rejected as non-responsive. More information about obtaining a SPIN may be found at this website:

https://www.usac.org/e-rate/service-providers/step-1-obtain-a-spin/

I. BIDDER REFERENCES: Bidder must complete the top portion of the Reference Request Form and forward to the company providing the reference. The form may be duplicated as needed. Bidder must include at least three (3) completed references with bid packet by the bid submission deadline in the Anticipated Schedule of Events section of this document. It is the bidder’s responsibility to ensure the references are received by the deadline for bid submission.

1. References must be for the bidder’s LEGAL COMPANY NAME listed on the Bidder Acknowledgement Form and who will be performing the services. References cannot be for a parent, affiliated or wholly owned subsidiary company.

2. References shall be received from at least three (3) of the bidder’s recent clients or completed jobs. In this document, recent is defined as any work/contract(s) performed since January 1, 2020. References for work/contract(s) performed prior to January 1, 2020, will be considered non-responsive.

3. Bidder must provide references demonstrating the bidder has satisfactorily provided services of comparable size and complexity as outlined in this document. Failure to meet this requirement may result in the bid being considered non-responsive.

4. The district reserves the right to waive the reference requirement for a bidder who has satisfactorily performed services requested in this document recently for the district.

5. If available, the bidder should provide a customer reference for a recent job/project that demonstrates the bidder has satisfactorily provided E-Rate Priority Two/Category Two while participating in a contract that is/was following E-Rate rules and the School or Library qualified for E-Rate reimbursement or the bidder received payment for these services from E-Rate.

6. The district reserves the right to contact references and to obtain, without limitation, information on the bidder’s performance on the listed work/contract(s). The district may utilize other reference information on a bidder’s capability to determine performance history. Negative references, in the district’s sole discretion, may be cause for disqualification of bidder.

J. BID BOND: Pursuant to 2 CFR §200.326(a) the minimum requirement includes a bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. The “bid guarantee” shall be made payable to The School Board of Polk County, Florida and must be received within 2 business days of the bid submission deadline at Polk County Public Schools, Administrative Office, Attention: 020-DW-0125, Denise Whitaker, 1915 S. Floral Avenue, Bartow, FL 33830. The check or bid bond will be returned to bidder after award of the contract.

K. PERFORMANCE AND PAYMENT BOND: When the contract sum is equal to or greater than two hundred and fifty thousand dollars ($250,000), awarded bidder shall provide owner with performance and payment bonds, in the form prescribed by the owner as of the date of this agreement, in the amount of 100% of the contract amount, the costs of which are to be paid by awarded bidder. The performance and payment bonds must be provided within five (5) business days after issuance of the purchase order and prior to execution of the work, and must comply with the following provisions and be otherwise acceptable to owner:

1. The Bonds must be underwritten by a surety company which has a valid Certificate of Authority issued by the State of Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.

2. The surety company shall have current valid Certificate of Authority issued by the United States

Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

3. The surety company shall be in full compliance with the provisions of the Florida Insurance Code.

4. The surety company shall have at least twice the minimum surplus and capital required by the Florida

Insurance Code at the time the bond is issued.

5. The Bonds must be fully performable in Florida, with service and venue in Polk County, Florida.

6. If the Contract Amount exceeds $500,000.00, the surety company shall also comply with the following provisions:

7. The surety company shall have at least the following minimum ratings in the latest issue of Best's Key Rating

Guide:

CONTRACT POLICYHOLDER’S

RATINGS

REQUIRED

FINANCIAL…