043-TEC-0419_Microsoft_License_and_Support.pdf

Cut along the outer border and affix this label to your sealed bid envelope to identify it as a “Sealed Bid”.

Neither faxed nor electronically submitted bids will be accepted. Be sure to include the name of the company submitting the bid where requested.

DELIVER TO: PURCHASING DEPARTMENT

School Board of Polk County 1915 South Floral Avenue, PO Box 391 Bartow, FL 33831-0391

SEALED BID DO NOT OPEN

SEALED BID NO.: 043-TEC-0419

BID TITLE: Microsoft License and Support

DUE DATE/TIME: April 26, 2019 @ 3:00 PM

SUBMITTED BY:

Name of company

Please Note:

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.

The Purchasing Department is located in Building A. This is a “controlled access” building. All visitors will be required to obtain a visitor’s pass. Photo ID is required. Arrive early to allow for check in procedure with the receptionist.

http://www.myvendorlink.com/

SUBMIT TO:

Purchasing Department School Board of Polk County 1915 South Floral Ave., PO Box 391 Bartow, Florida 33831-0391

INVITATION TO BID

www.polk-fl.net

Date Issued: April 8, 2019 CONTACT PERSON:

Erica Clark, Buyer erica.clark@polk-fl.net

Our mission: To provide a high quality education for all students

Telephone #: 863-534-0576 x696 Fax #: 863-534-0802

BID TITLE: Microsoft License and Support BID NUMBER: 043-TEC-0419

DUE DATE/TIME: April 26, 2019, 3:00 P.M.

BIDS RECEIVED AFTER DUE DATE AND TIME WILL NOT

BE CONSIDERED.

PRE-BID CONFERENCE-DATE, TIME AND LOCATION: N/A

THE BIDDER ACKNOWLEDGMENT BELOW MUST BE SIGNED and RETURNED WITH YOUR BID RESPONSE IN ORDER

FOR YOUR BID TO BE ACCEPTED.

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

Purchasing Cards X Not applicable to this bid District personnel may choose to use the District’s Purchasing Card (credit card) in place of a purchase order to make purchases from this bid. Unless exception to this condition is checked below, the bidder, by submitting a bid, agrees to accept the purchasing card as an acceptable form of payment and may not add additional service fees or handling charges to purchases made with the purchasing card.

□ I do not accept the above condition http://www.polk-fl.net/

GENERAL INSTRUCTIONS, TERMS AND CONDITIONS

1. RECEIPT OF BIDS: Any bid received after the due date and time indicated will be date and time stamped and will not be opened. It is vendors’ responsibility to see that their bids are properly received at the correct location by the due date and time. Your bid must be on this form with the Bidder Acknowledgment completed.

2. DEFINITIONS: For the purpose of this Invitation to Bid, the term “Bidder”, “Contractor”.

“Respondent”, and “Vendor” shall be considered synonymous.

3. BID OPENING: All responses to this sealed bid are subject to release as public records consistent with Chapter 119 Florida Statutes. Sealed bids will be received and publicly opened. Only names of respondents will be read at bid openings. Pricing and other contents of bid responses will not be disclosed at bid openings. Reference 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 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.

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.

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. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

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

15. 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.

16. 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.

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

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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 http://www.polk-fl.net/districtinfo/departments/businessservic es/purchasing.htm

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

27. 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 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 http://www.neola.com/polk-fl/ 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.

28. 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.

29. 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.

30. 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.

31. 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, http://www.myvendorlink.com/ http://www.myvendorlink.com/ http://www.polk-fl.net/districtinfo/departments/businessservices/purchasing.htm http://www.polk-fl.net/districtinfo/departments/businessservices/purchasing.htm http://www.polk-fl.net/districtinfo/departments/businessservices/purchasing.htm http://www.neola.com/polk-fl/ declared ineligible, voluntarily excluded from participation in this transaction or otherwise precluded by Florida Statute 287.133 from participating in this contract.

32. 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.

33. 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 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.

34. 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.

35. 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://polkschoolsfl.com/jessicalunsfordact for a list of links to requirements regarding the Jessica Lunsford Act.

36. 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.

37. SALES TO OTHER PUBLIC AGENCIES: With the consent and agreement of the successful bidder(s), purchases may be made under this https://nam02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fpolkschoolsfl.com%2Fjessicalunsfordact&data=02%7C01%7Cerica.clark%40polk-fl.net%7Cfe48499aaf1246136cba08d6b92cfc41%7C3ce159a93b59425bb96604d39f099bba%7C0%7C0%7C636900000225297667&sdata=2gSImllFTF3UL7VP%2FhdXHbi%2FRfbiaLPIxU6rdrozXYQ%3D&reserved=0 bid by other public agencies within the State of Florida. Such purchases shall be governed by the same terms and conditions as stated herein.

38. BID RESPONSES: If the bid is to be returned via express mail or in a courier envelope, the bid documents should be submitted in a separate sealed envelope within the courier envelope.

Express mail or courier envelopes will be opened and discarded. The face of the sealed bid envelope should have attached the label included with the bid package or noted, the Bid File Number and “Attention: Purchasing Department – Sealed Bid.”

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, any subsequent award. 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 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.

I.

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.

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

Rev. Pur. 6/2018

The School Board of Polk County, FL Microsoft License and Support Bid Number 043-TEC-0419

Special Terms and Conditions

A. SCOPE: The School District of Polk County, Florida hereinafter referred to as “District” is seeking bids from qualified firms who are an Authorized Education Partner (AEP) of Microsoft as outlined in the BID FORM AND SPECIFICATIONS contained herein.

B. CONTRACT PERIOD: The contract period shall commence on or about 6/1/2019 and end on 5/31/2022 (3 years).

Unit prices and discounts shall remain firm for this period and additional periods and shall include all freight and handling charges. This District at its sole discretion may exercise options to renew the contract for additional periods. Any renewal will be contingent upon the mutual written consent of both parties.

C. ANTICIPATED SCHEDULE OF EVENTS: (Subject to change as conditions may dictate)

Activity Date Release of Bid April 8, 2019 Deadline for receipt of questions in Purchasing Office – 4:00 P.M.(ET) April 15, 2019 Release of responses to questions (on or about) April 16, 2019 Deadline for receipt of sealed bids - 3:00 P.M. (ET) April 26, 2019 *Posting of Award Recommendation at the School Board Administrative Offices and at www.myvendorlink.com (on or about) April 30, 2019 *Approval of recommendation (on or about) May 14, 2019

*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 approval date could both slip. Continue to monitor www.myvendorlink.com or contact the purchasing department for more specific information as to when the notice will be posted.

D. CLARIFICATION/INTERPRETATION/ADDITIONAL INFORMATION: Written questions concerning interpretation, clarification or additional information will be accepted by mail, facsimile or email addressed to the attention of the designated contact person referenced on page 1 of this bid. All written questions must be received by the District’s Purchasing Department no later than 4:00 P.M. April 15, 2019. Telephone inquiries will not be accepted, nor will answers be provided by telephone. It is the sole responsibility of the Bidder at its own risk to ensure that written questions, however submitted, will be received by the deadline indicated above. If warranted the District will post the responses (as an addendum) to the same website where this Bid is posted, at www.myvendorlink.com.

E. ADDENDA: The issuance of a written addendum is the only official method by which interpretation, clarification or additional information can be given. If it becomes necessary to revise or amend any part of this Invitation to Bid (Bid), an addendum will be posted to the same website where this Bid is posted, at www.myvendorlink.com. See the Anticipated Schedule of Events above for specific information.

F. RESTRICTIONS ON CONTACTING THE DISTRICT: Pursuant to School Board Policy 6324, upon the issuance of this Bid, all contact with the District must be made through the designated contact person listed in page 1 of this Bid.

Potential vendors, service providers, bidders, lobbyists or consultants must limit communication with the designated contact to the means specified in this Bid. Other District employees and representatives of the District are instructed not to answer questions regarding this Bid or otherwise discuss the contents of this 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.

http://www.myvendorlink.com/ http://www.myvendorlink.com/

Violation of this policy by a particular bidder, 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.

G. F.O.B. DESTINATION: Prices bid for all items shall be F.O.B. destination and include all delivery charges. Bids that do not include delivery charges will be considered non-responsive.

H. EXPERIENCE: Prospective bidders must be an Authorized Education Partner (AEP) of Microsoft. The Authorized Education Partner (AEP) authorization number will be verified by district personnel and validated at https://www.mepn.com/MEPN/MEPNHome.aspx. If prospective bidders are not listed under Microsoft’s Authorized Education Partner (AEP) list the bid will be rejected as non-responsive.

The bidder should furnish their Authorized Education Partner (AEP) number in the space provided on the BID FORM & SPECIFICATIONS form, page 14. After bid opening the District reserves the right to request the Authorized Education Partner (AEP) number, should bidder not furnish the Authorized Education Partner (AEP) number with the bid response. Any requested information must be received by the District’s Purchasing Department within three (3) days after the date of the request for the information. Saturdays, Sundays and District Holidays shall be excluded from the three (3) day time period provided by this paragraph. The request for information shall be in writing and will be sent via email to the designated contact person referenced on page 1 of this bid.

I. AWARD OF CONTRACT: This Bid will be awarded on a composite (“all or none”) basis as outlined below. All items on the BID FORM AND SPECIFICATIONS form MUST be bid on in order for your bid to be considered as responsive. Do not leave any unit price blank or mark as “no bid”. Make any corrections to bid pricing as outlined in Section K.

1. Every effort has been made to ensure the accuracy of the information contained in this bid and any attachments and exhibits that are a part of this bid. The District reserves the right to request additional information and/or clarification from Bidders including but not limited to pricing, manufacturer’s part numbers, product codes, product specifications; to reject any or all bids; to waive any informalities, defects or irregularities in any bids received when such action is in the best interest of the District. The decision as to whether a product bid does or does not meet the specification is at the discretion of the District. The District reserves the right to delete any item from the BID FORM AND SPECIFICATIONS and award the balance of items at the District’s discretion.

2. It is anticipated that there will be a recommendation for award of contract based on the lowest bid received from a responsive and responsible Bidder as outlined in #3 below.

3. The composite (all or none) bid price for each submitted bid will be calculated as follows:

The item number total bid price for each item will be determined by multiplying the Bidder’s unit price by the estimated quantity for each item number in the BID FORM AND SPECIFICATIONS. For example, item number 1 unit price multiplied by the estimated quantity equals line item number 1 total bid price.

This process will be repeated for all item numbers.

Bidder’s total composite (all or none) bid price will be determined by adding the item number total bid price for item number 1 through item number 14 plus Option 1 (item numbers 15 and 16) and item number 1 through item number 14 plus Option 2 (item numbers 17, 18, 19, 20) on the BID FORM AND SPECIFICATIONS on pages 14 & 15 & 16. The District will select the Option determined to be in its best interest.

J. USE OF OTHER CONTRACTS: The District reserves the right to utilize any other District contract, any State of Florida contract, any contract awarded by any other city or county governmental agencies, any other school board, https://nam02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.mepn.com%2FMEPN%2FMEPNHome.aspx&data=02%7C01%7Cerica.clark%40polk-fl.net%7C4181224b077641bef22d08d6aed84647%7C3ce159a93b59425bb96604d39f099bba%7C0%7C0%7C636888641264100612&sdata=AcH1WV%2B7z8PDU%2F%2BRWgdeHv%2FwIUDTm6uHsnvuP9OnJfY%3D&reserved=0 community colleges, federal agencies, the public or governmental agencies of any state or any state university system cooperative bid agreement, in lieu of any offer received or award made as a result of this bid, if it is in its best interest to do so. The District also reserves the right to separately bid any single order or to purchase any item on this bid if it is in its best interest to do so.

K. LINE ITEM CORRECTIONS: The use of correction fluid/tape or erasures on line item bid prices and/or quantities is not acceptable. Corrections must be by strikethrough (strikethrough) of the incorrect figures, writing in of correct figures and initialing of the corrections by the originator. Correction fluid/tape or erasure corrected bids will be considered non-responsive. When a bid award is contemplated as an “all or none” or composite award, the use of correction fluid, correction tape or erasure on any line item bid price will result in the entire bid declared non-responsive.

L. TERM: The initial term of the contract shall be for a three year period. Renewal orders will be placed on or before each one (1) year anniversary of the effective date of the three year contract period. The District reserves the right to change the number of licenses as quantities may change during the three year contract period and any additional contract periods. Unit Prices shall be firm for the initial contract term and any additional contract periods.

M. CURRENT MICROSOFT SUPPLIER: For the last five (5) years En Pointe Technologies has provided Microsoft License and Support to the District. To obtain a copy of the bid tabulation and other associated documents from the previous bid/contract, go to www.myvendorlink.com. Click on Bid Solicitations in the agency drop down select Polk County School Board, select the ID number box, type this bid number 040-PAH-0414 then click search solicitations.

N. ADDITIONAL ITEMS: If, during the contract period, additional items become available that may be evaluated by the IST Department, such items may be added to this contract if determined by IST and Purchasing that it would be in the best interest of the District. Such products and prices must be approved by Assistant Superintendent, Information Systems and Technology and the Director, Purchasing and Printing Services (or designees) before the items may be added to the contract. All supporting documentation will be maintained in the bid/contract file.

O. PUBLIC RECORDS/CONTRACTS FOR SERVICES AS DEFINED IN F.S. 119.0701

This is a contract for services as defined in F.S. 119.0701. Accordingly, the contractor must comply with public records laws, specifically, the contractor must:

1) Keep and maintain public records required by the public agency to perform the service.

2) 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) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency.

4) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

Public records means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business with Polk County Public Schools. Contractor’s records may include, but are not limited to, supplier/subcontractor invoices and contracts, project documents, meeting notes, emails and all other documentation generated during the contract term.

Records must be created and maintained in accordance with the General Records Schedule GS1-SL for State and Local Government Agencies.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER

119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC

RECORDS RELATING TO THIS CONTRACT, CONTACT THE PUBLIC RECORDS OFFICE

AT:

POLK COUNTY PUBLIC SCHOOLS

PO BOX 391

BARTOW, FL 33831-0391

TELEPHONE: 863-534-0522

otrs.publicrecords@polk-fl.net

P. APPROVED PRODUCTS: This bid contains specifications and products based on recommendations from the District’s Information Systems and Technology staff. Please bid only the approved products as specified.

(Replacement model numbers for discontinued items should be indicated where appropriate.) Bids for products other than those listed will be considered non-responsive.

Q. PAYMENTS: Payments by the District shall be authorized subject to invoices properly drawn by the Bidder and submitted to and approved by the Senior Manager, Networking WAN/LAN. District payment terms are net 30 days from receipt of a satisfactory invoice. Invoices should be mailed to:

The School Board of Polk County, Florida Attention Senior Manager, Networking WAN/LAN P.O. Box 391 Bartow, FL 33831

The remainder of this page left intentionally blank.

mailto:otrs.publicrecords@polk-fl.net

Submittals Checklist

To help ensure that you include all the submittals necessary to complete a thorough evaluation of your bid, we suggest that you use this checklist as a reminder to yourself, by placing a check in each box in the Verified column indicating that the item is included in your bid packet. Include this completed checklist along with your bid. Items checked Required must be submitted at the time you submit your bid or your bid will be declared non-responsive.

Any Requested information must be received by the District’s Purchasing Department within three (3) days after the date of the request for the information. Saturdays, Sundays and School Board Holidays shall be excluded from the three (3) day time period provided by this paragraph. The request for information shall be in writing and will be sent via email.

Form Submittals

Verified Required Requested Description of Submittal Page No.

Sign the BIDDER ACKNOWLEDGEMENT Form on page 1 of this Invitation to Bid. Failure to sign the BIDDER ACKNOWLEDGEMENT Form on page 1 will result in the bid being rejected as non-responsive.

Submittals Checklist 13

Bidders must enter Authorized Education Partner (AEP) # on the BID FORM & SPECIFICATIONS form. Failure to provide AEP# within the specified time frame will result in the bid being rejected. Provide Authorized Education Partner (AEP) # per instruction provided in Section H, page 10.

Bidders must enter a unit price in the space provided for all items listed on the BID FORM AND SPECIFICATIONS form. Failure to enter all unit pricing will result in the bid being rejected as non-responsive. Make any corrections per instruction provided in Section K, page 11.

14-16

Drug Free Workplace Certification (optional), Appendix A 17

Addendum Acknowledgment Form 18

BID FORM AND SPECIFICATIONS

Enter bid pricing below. Bidders must enter an Annual Unit Price and a 3 Year Total price in the space provided below for each item listed on the BID FORM AND SPECIFICATIONS or the submitted bid will be declared non-responsive. It is anticipated that there will be a composite award to a single Bidder for item number 1 through item number 14 plus either Option 1 (item numbers 15 and 16) or Option 2 (item numbers 17, 18, 19, 20). The District will select the Option determined to be in its best interest. ANY MODIFICATIONS OR ALTERATIONS TO THE ORIGINAL BID FORM AND SPECIFICATIONS BY THE BIDDER, WHETHER INTENTIONAL OR OTHERWISE, WILL CONSTITUTE GROUNDS FOR REJECTION OF A BID.