0554FAC-ITB-SNS_WALK-IN_FREEZER_Final.pdf
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- Attached to
- Walk-in Freezer, Cooler or Combination
- Solicitation number
- 0554FAC-ITB-SNS
- Issued by
- Florida
About this file
This Invitation to Bid (ITB) is issued by Hillsborough County Public Schools (HCPS), Florida's seventh-largest school system, to establish fixed pricing for the procurement, delivery, and installation of walk-in coolers, freezers, or combination units on an as-needed basis for various facilities throughout the district. The solicitation seeks commercial-grade, NSF/ANSI certified units compliant with Florida State Requirements for Educational Facilities (SREF) and the Florida Building Code, with specifications including fiberglass construction, seamless design, 4-inch urethane core insulation, factory-installed refrigeration systems, and vapor-proof lighting. Bidders must submit responses by Wednesday, September 10, 2025, at 3:00 PM via the VendorLink portal, with consideration of alternative brands due by Tuesday, September 2, 2025, and technical questions due by Wednesday, September 3, 2025, at 8:00 AM. The initial contract term begins upon School Board approval and automatically renews for up to four additional one-year periods, contingent on appropriations, contractor performance, and mutual agreement. All orders must be filled within sixty days of purchase order receipt, with delivery scheduled between 7:00 AM and 3:00 PM, Monday through Friday, excluding HCPS holidays.
Pricing must be firm fixed price per unit, inclusive of all labor, delivery, installation, and incidental costs on an FOB Destination basis with inside delivery included. The estimated annual budget is $330,000, comprised of $300,000 in United States Department of Agriculture funding and $30,000 in Capital Funds. Bidders must demonstrate a minimum of three years of experience in providing walk-in cooler and freezer services, maintain current business licenses and permits, provide proof of insurance with HCPS named as additional insured, and submit evidence of ability to obtain payment and performance bonds. The contract requires a one-year minimum warranty on all parts and labor, with the contractor responsible for repairs and replacement parts at no cost to HCPS during the warranty period. Projects exceeding $300,000 require payment and performance bonds per Florida Statutes §255.05. Price increases at contract renewal are limited to the lesser of three percent or the Consumer Price Index for the Tampa-St. Petersburg market. Bidders must be registered with VendorLink and comply with all applicable federal, state, and local laws, including E-Verify requirements, Jessica Lunsford Act compliance for personnel accessing school facilities, and all safety and environmental regulations.
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Connect with Us • HillsboroughSchools.org • Operations Division• 1202 East Palm Avenue• 2nd Floor• Tampa, FL 33605• (813) 272-4004
OPERATIONS DIVISION
INVITATION TO BID (ITB)
0554FAC-ITB-SNS WALK-IN FREEZER, COOLER COMBINATION
BROADCAST DATE:
WEDNESDAY, AUGUST 27, 2025
CONSIDERATION OF ALTERNATIVE BRANDS DUE BY:
TUESDAY, SEPTEMBER 2, 2025
TECHNICAL QUESTIONS DUE DATE
WEDNESDAY, SEPTEMBER 3, 2025, 8:00 AM
BID DUE DATE
WEDNESDAY, SEPTEMBER 10, 2025, 3:00 PM
BID SUBMISSION PUBLIC OPEN DATE
WEDNESDAY, SEPTEMBER 10, 2025, 3:30 PM
TO BE SUBMITTED SOLELY VIA: WWW.MYVENDORLINK.COM
Hillsborough County Public Schools hereby issue this competitive solicitation, per Rule 6A-1.012, F.A.C., and per Rule 6A-2.0010, F.A.C, to announce that HCPS is accepting bids from all qualified firms or individuals interested in providing the services as described in the Scope of Work/Services of this document. The bid must demonstrate by the bidder’s qualifications, experience, availability, approach, and work plan that they will best serve the overall needs of HCPS. The bid should be submitted in a format commensurate with the sections in this ITB. HCPS reserves the right to waive any formalities, to reject any or all Bids, or to re-advertise Bids for these services. HCPS may withdraw all or part of this ITB at any time to protect HCPS’ interests. The Bidders are asked to be thorough yet concise in their responses. Failure to respond in the manner prescribed herein may be grounds for disqualification of the submitted Bid. All work shall comply with FL State Statutes, State Requirements for Educational Facilities (SREF), District requirements and State Codes.
Notice. Failure to file a protest within the time prescribed in § 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. Any protest must be timely filed with the Operations Division, 1202 East Palm Avenue, Tampa, FL 33605.
Lobbying/Cone of Silence. Board policy 6320, Procurement https://web.hillsboroughschools.org/policymanual/ prohibits any communication regarding an active solicitation between any HCPS employee or Board member and any third party, representative, or lobbyist of that party, in effect from the time of the release of the solicitation until an agreement is signed by HCPS or awarded by The School Board of Hillsborough County, Florida.
Superintendent of Schools Van Ayres http://www.myvendorlink.com/
Hillsborough County Public Schools Page 2 of 63
1. Required Submittal checklist
2. BIDDER INSTRUCTIONS
3. REQUIRED FORMS
3.1. CONTACT INFORMATION & CERTIFICATION
3.2. BIDDER’S STATEMENT OF PRINCIPAL PLACE OF BUSINESS
3.3. STATEMENT OF QUALIFICATIONS
3.4. E-VERIFY
3.5. BUSINESS REFERENCES
3.6. NON-COLLUSION AFFIDAVIT
3.7. PAYMENT OPTIONS
3.8. DRUG-FREE WORKPLACE CERTIFICATION
3.9. SCRUTINIZED COMPANY CERTIFICATION
3.10. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION
3.11. TRUTH AND ACCURACY STATEMENT
3.12. BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM
3.13. VENDOR AFFIDAVIT REGARDING THE USE OF COERCION FOR LABOR AND SERVICES HUMAN TRAFFICKING..22
3.14. ADDENDA AND BID FORM (IF APPLICABLE)
4. GENERAL TERMS AND CONDITIONS
5. QUALIFICATIONS AND EXPERIENCE
5.1. QUALIFICATION SUMMARY
5.2. MINIMUM QUALIFICATIONS
6. SPECIFIC REQUIREMENTS/SCOPE OF WORK
6.1. ESTIMATED BUDGET
6.2. CONTRACT TERM/RENEWALS
6.3. SCOPE OF WORK/SERVICES
6.4. CUSTOMER SUPPORT SERVICES
6.5. BILLING FOR GOODS AND SERVICES
7. PRICING
8. INSURANCE & INDEMNIFICATiON REQUIREMENTS
APPENDIX A: SUBSTITUTE W-9
APPENDIX B: FEDERAL FUNDING
APPENDIX C: USDA FUNDING
APPENDIX D: CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED AFFIDAVIT
Hillsborough County Public Schools Page 3 of 63
1. REQUIRED SUBMITTAL CHECKLIST
To ensure that the Proposer/Bidder includes all the necessary submittals to complete a thorough Proposal evaluation, please use this checklist to make sure you have enclosed all required documents before uploading the Proposal. The following documents must be submitted as part of the Firm’s submission:
☐ Required Submittals Checklist Page 3: Signed and submitted with required forms attached.
☐ Required Forms: Pages 8-23 o Bidders Instructions Acknowledgement o Principal’s Place of Business o E-Verify o References o Qualifications Statement o Non-Collusion Affidavit o Payment Options o Drug-free Workplace Certification o Scrutinized Company Certification o Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion o Truth and Accuracy Statement o Byrd Anti-Lobbying Amendment Certification o Vendor Affidavit Regarding the Use of Coercion for Labor and Services Human Trafficking o Addendums (if applicable)
☐ General Terms and Conditions Signature Page 38
☐ Minimum Qualification and Experience o Qualification Summary Page 39-41 o Florida Professional Registration Certificate-License o Business Licenses or Articles of Incorporation o Sunbiz: If a Florida Corporation, a screenshot of “ACTIVE” status through www.sunbiz.org o Proof of Insurance o Show ability to provide Payment and Performance Bonds
☐ Customer Support Services Page 50
☐ Specification/Scope of Work Signature Page 56
☐ Cost/Best Value o Bid response requirement acknowledgement Page 57 o Price Sheet provided by HCSPS to be submitted as a separate excel document. Page 59
☐ Appendix A, B C and D Page 63: These appendices are available via a separate file via www.myvendorlink.com and must be signed and submitted with the bid.
Company Name
Proposer, Print Name Title
Signature Date
Hillsborough County Public Schools Page 4 of 63
2. BIDDER INSTRUCTIONS
2.1. HCPS BACKGROUND
Hillsborough County Public Schools, Florida (“HCPS” or the “District”) is a political subdivision organized under Section 4, Article IX, of the State Constitution and Florida Statutes. HCPS, which is coterminous with Hillsborough County, is the nation’s seventh-largest school system. HCPS presently has 235 PreK-12 schools, specialty centers, and technical colleges with approximately 225,000 students and approximately 24,000 employees. Management of HCPS is independent of metropolitan and city governments. The School Board of Hillsborough County, Florida (the “Board”), a public corporation existing under the Laws of the State of Florida, is the policy-making body of HCPS. The Board consists of seven members elected by geographic area. Among other duties, the Board has broad financial responsibilities, including the approval of the annual budget, which for the 2019/2020 fiscal year is approximately $3 billion. The Chief Executive Officer is the Superintendent of Schools, appointed by the Board, who is responsible for all financial transactions and records of HCPS.
2.1.1 Vision. Preparing Students for Life.Vision. Preparing Students for Life.
2.1.2 Mission. To provide an education and the support that enable each student to excel as a successful and responsible citizen.
2.2. DEFINITIONS
Whenever the following terms are used, its intent and meaning shall be as follows:
• Addendum or Addenda. The “addendum” or “addenda” posted via www.myvendorlink.com shall include all written or graphic instruments, issued before the proposal’s due date, that modify or interpret the issued solicitation by additions, deletions, corrections, or clarifications.
• Bid. The response submitted by a Bidder to an Invitation to Bid (ITB).
• Bidder. The “Bidder” shall include those vendors submitting a Bid to this solicitation.
• Invitation to Bid or Solicitation. Per Rule 6A-1.012(b), F.A.C., the terms “Invitation to Bid” or “solicitation” shall be defined as a written solicitation for competitive sealed bids. The Invitation to Bid (ITB) is used when the Board is capable of specifically defining the scope of work for which a contractual service is required or when the Board is capable of establishing precise specifications defining the actual commodity or group of commodities required. A written solicitation includes a solicitation that is publicly posted. Per Rule 6A-2.0010 (4.2)(d), F.A.C, The “invitation to bid,” “ITB,” “competitive solicitation,” or “solicitation” shall comply with laws governing public facilities contract and construction requirements, SREF, chapter 50, F.S. chapter 1013, F.S., and sections 255.05, 255.20, 287.0935, 287.133, 489.113(4)(c) and 553.60 through 553.64, F.S. Finance and facilities construction reports, as required by chapter 1013, F.S.
• Contract. The terms “agreement,” “award,” or “contract” shall include this solicitation, all related addenda, answers to questions via www.myvendorlink.com, the Bid, negotiations in writing), mutually agreed amendments, and subsequent renewals covering the provision of the commodities and contractual services herein.
• Contractor. The “Contractor” shall refer to any type of business entity awarded by The School Board of Hillsborough County, Florida, or contracted with HCPS in accordance with a Bid submitted by an organization in reply to this solicitation. In acceptance of responses to invitations to bid, HCPS may accept the Bid of the lowest responsive, responsible Bidder. In the alternative, HCPS may also choose to award contracts to the lowest responsive, responsible Bidder as the primary awardee of a contract and to the next lowest responsive, responsible Bidder(s) as alternate awardees from whom commodities or contractual services would be purchased should the primary awardee become unable to provide all the commodities or contractual services required by HCPS during the term of the contract. Nothing herein is meant to
Hillsborough County Public Schools Page 5 of 63 prevent multiple awards to the lowest responsive and responsible bidders when such multiple awards are clearly stated in the bid solicitation documents.
• Default. The omission or failure to fulfill a duty, observe a promise, discharge an obligation, or perform as agreed.
• Florida Statutes. The Florida Statutes are the codified, statutory laws of Florida.
• Owner. Is The School Board of Hillsborough County, Florida.
• Renewal. A renewal allows for continued contracting with the same Contractor for an additional period after the initial term of the contract, only according to contract terms specifically providing for such renewal.
• Responsible Bidder. A supplier with the integrity and reliability as well as the financial and technical capacity to perform the requirements of the solicitation and subsequent Agreement.
• Responsive Bidder. A Bidder whose Bid fully conforms in all material respects to the solicitation and all of its requirements, including all form and substance.
• Small Business Encouragement Program (SBEP). The Office of Supplier Development promotes fair business opportunities through programs for contracts and procurement at Hillsborough County Public Schools. We promote fair and equal business opportunities to Small Local Business Enterprises (SLBEs)
• Subcontractor. Any person or business entity employed to perform part of a contractual obligation under the control of the principal or prime contractor.
• Superintendent. The term “superintendent” shall mean HCPS’ “superintendent or designee.”
• Vendor. The term “vendor” shall apply to any business entity or organization that sells goods and services to achieve certain commercial goals.
• VendorLink (www.myVendorLink.com). The electronic bidding system to solicit and receive solicitation responses for HCPS. Contact the Vendor Registration Helpdesk via email at support@evendorlink.com for answers to registration questions.
2.3. VENDORLINK (WWW.MYVENDORLINK.COM)
Vendor Portal. VendorLink (www.myVendorLink.com), HCPS’ primary vendor/supplier portal, is a web-based, vendor self-service solution that allows HCPS to collaborate with vendors in a secure, online environment 24×7.
All Bids must be submitted electronically solely via HCPS’ vendor portal (VendorLink) regardless of how the proposer was notified of this competitive solicitation. All Bidders must be registered with VendorLink www.myvendorlink.com to submit the Bid. HCPS requires all Bidders to have a current vendor application on file with www.myVendorLink.com. HCPS may rescind an award for failure to comply with this condition. Potential HCPS contractors must register to receive electronic email notification(s) of upcoming solicitations and addenda as they become available. When a solicitation matching those selections becomes available, the VendorLink system automatically sends an email notification to the email address provided during the registration process.
The email notification contains the link and information necessary for the solicitation for download from any computer. Bidders may view solicitations by selecting the Bid Solicitations link:
www.myVendorLink.com/common/searchsolicitations.aspx. To receive automatic notifications, VendorLink requires the registration of all suppliers by completing the supplier registration process.
A Bidder with additional questions regarding this solicitation or a related document(s) may submit a written request for clarification to the solicitation at www.myVendorLink.com no later than the “last day to request additional information or clarification,” see coversheet. Any interpretation to a vendor shall be via written addenda posted on VendorLink before the bid due date. Any information that amends any portion of this solicitation, received by any method other than an addendum issued to the solicitation, is not binding on HCPS. Where there appears to be a conflict between the solicitation and any addenda issued, the last addendum issued will prevail.
mailto:support@evendorlink.com http://www.myvendorlink.com/ http://www.myvendorlink.com/ http://www.myvendorlink.com/common/searchsolicitations.aspx
Hillsborough County Public Schools Page 6 of 63
2.4. PRE-BID MEETING
If applicable, HCPS may conduct a pre-bid meeting (attendance may be mandatory or voluntary, as required by HCPS) to explain the procurement requirements. HCPS will hold the pre-bid meeting long enough after the issuance of the solicitation to allow vendors to familiarize themselves with the solicitation, but sufficiently before the due date to allow consideration of the meeting results in preparing their bid. Nothing stated at the pre-bid meeting shall change the solicitation until addressed via an HCPS-issued addendum via www.myVendorLink.com.
2.5. BID SUBMITTAL
2.5.1. No Hardcopy Bids. HCPS WILL NOT ACCEPT PAPER (HARDCOPY) BIDS. The Bidder must upload their Bid electronically through VendorLink at www.myVendorLink.com. Acceptable file formats for upload are Microsoft Excel (for prices and rates), Adobe Portable Document (.pdf), or .ZIP file formats and printing must be enabled on all files submitted. If applicable, the price sheet is available electronically on VendorLink.
2.5.2. Ontime Submittal. The Bidder is solely responsible for on-time bid submittal via VendorLink, allow adequate time to upload their submittal on VendorLink, and contact VendorLink’s technical support at support@evendorlink.comif technical difficulties arise during bid upload. HCPS shall not be responsible for delays caused in any occurrence and shall reject bids submitted via any other means.
2.5.3. Weather Closures. Should weather conditions require HCPS to close its offices on the Bid Due Date, said date will become effective on the same hour of the following HCPS business day or will post any additional extensions via www.myVendorLink.com.
2.5.4. Bid Withdrawal. The Bidder may not withdraw their Bid for 120 days after the due date unless otherwise specified.
2.5.5. Variance from Terms. The Bidder must indicate in the Bid any variances from specifications, terms, and/or conditions regardless of how slight. HCPS will assume that the commodities and contractual services fully comply with the specifications, terms, and conditions herein.
2.5.6. Discrepancies. HCPS is not responsible for discrepancies or inconsistencies provided in the Bid and may reject any Bid it deems as non-responsive.
2.5.7. Forms. The Bidder, unless otherwise specified, must use the form(s) furnished by HCPS.
Failure to do so may be cause for rejection of the Bid.
2.5.8. Missing Attachments/Documents. The Bid must include all required attachments and requested documentation. HCPS will not review any bid before the due date and time. HCPS cannot accept any missing documents after the due date unless HCPS deems the missing document as non-material to the evaluation of the Bid. The Bidder shall promptly provide said documents before submittal to the Board for award.
2.5.9. Signatures. An officer or employee having the authority to contractually bind the Bidder must sign the Bid.
2.5.10. Trade Secret. The Bidder must submit all “trade secret” information, in response to this solicitation, in compliance with §§ 119.07 and 812.081, Florida Statutes, in a separate file and so titled. The Bidder’s failure to prepare and label the confidential or exempt portions of their Bid in the manner specified in this section shall constitute a waiver by the Bidder of any applicable exemptions from disclosure or any confidential status including ones that may apply to trade secrets under Florida http://www.myvendorlink.com/ http://www.myvendorlink.com/ mailto:support@evendorlink.com
Hillsborough County Public Schools Page 7 of 63 law. If challenged, the Bidder who submits the trade secret information shall bear all costs associated with defending their position.
2.5.11. Joint Bid. HCPS will recognize a single vendor as the primary contractor, should multiple Bidders submit a joint Bid in response to this solicitation. If offering a joint bid, the primary contractor must:
• include the names and addresses of all parties of the joint bid; and
• provide all bonding and insurance requirements, execute the contract, complete the Bid, and have overall and complete accountability to resolve any dispute arising within the contract. Only a single contract per Contractor shall be acceptable; and
• be responsible for the provision of the commodities and contractual services associated with response to this solicitation and overall contract administration; and
• participate at applicable HCPS meetings, oversee the preparation of reports and presentations, and file any notice of protest and final protest as described herein; and
• prepare and present consolidated invoice(s) for services performed. HCPS shall issue only one check for each consolidated invoice to the Contractor for the provided commodities and contractual services.
2.5.12. Prompt Payment Discount. The Bidder may offer a cash discount for prompt payment.
However, HCPS shall not consider such discounts in determining the lowest net cost for evaluation purposes. HCPS shall compute discounts from the date of satisfactory delivery at the place of acceptance or from receipt of the correct invoice at the office specified, whichever is later.
2.5.13. Additional Charges and Fees. The Bidder must provide all additional charges such as installation, shipping, insurance, normal service consumables, shop supplies, environmental fees, administration fees, etc. in the Bid prices and rates. HCPS will not be responsible for any type of miscellaneous surcharges or fees. Post award, the Contractor may not add any additional fees to the order including, but not limited to, special handling charges, hazardous materials fees, fuel surcharges, etc. after award without written HCPS approval.
2.5.14. Prices and Rates. The submitted Bid must adhere to the following:
• All Bid costs and rates shall include inside delivery and setup fees.
• All orders shall be F.O.B. Destination.
• Hourly service rates shall be inclusive of all sundry items to complete the contractual services.
2.5.15. New Items/Options. New or complementary commodities may be included in the contract if they are standard items or options for the commodities and contractual services. Items inadvertently left off the price sheet may be viewed as an option not known to exist at the time this solicitation was published but are made available as an additional option. The Contractor proposing the additional options may attach to their price sheet the list of options currently available.
2.6. BID AWARD
2.6.1. No Award. HCPS shall have the authority to reject any or all bids submitted in response to this solicitation and request new bids or purchase the required goods and services in any other manner authorized under the State of Florida Department of Education Purchasing Policies 6A-1.012, F.A.C.
[INTENTIONALLY BLANK.]
Hillsborough County Public Schools Page 8 of 63
2.6.2. Rejection of All Bids. In accordance with §§ 119.07 (1), Florida Statutes, and 24 (a), Article I of the State Constitution, HCPS may reject Bids submitted in response to this solicitation and shall remain exempt from §§ 119.07(1), Florida Statutes, and 24(a), Article I of the State Constitution, until HCPS provides notice of an intended decision concerning the reissued solicitation or until HCPS withdraws the reissued solicitation, not to exceed twelve (12) months from the date of the Notice of Rejection.
2.6.3. Notice of Intent. HCPS will post a Notice of Intent to Award/Rejection to enter into one or more agreements with Bidder(s) identified therein, on www.myVendorLink.com. A notice of intent to award under this solicitation shall not constitute or form any agreement between HCPS and the Bidder.
2.6.4. Contract. This solicitation, all related addenda, and the submitted Bid, upon award by the Board or HCPS approval shall constitute a legally binding agreement. HCPS reserves the right to request a separate agreement for services consistent with the terms and conditions herein. The Contractor shall not provide commodities and contractual services nor shall HCPS compensate the Contractor for said commodities and contractual services until the Contractor has submitted the required insurance certificate, met Jessica Lunsford Act compliance (if applicable), and is in receipt of an HCPS award letter and related purchase order.
THE SIGNATURE ACKNOWLEDGES THAT THE BIDDER HAS READ THE TERMS AND CONDITIONS REFERENCED IN THE BIDDERS INSTRUCTIONS SECTION2, PRIOR TO SUBMITTING A BID AND IS READY, WILLING, AND ABLE TO FULFILL THE APPLICABLE OBLIGATIONS IN ACCORDANCE WITH THE TERMS AND CONDITIONS AND IS
SUBMITTING WITHOUT COLLUSION WITH ANY OTHER INDIVIDUAL OR FIRM.
Bidder’s Name
Authorized Signature Date
Print Name and Title
[INTENTIONALLY BLANK.]
Hillsborough County Public Schools Page 9 of 63
3. REQUIRED FORMS
3.1. CONTACT INFORMATION & CERTIFICATION
The Bidder must supply the information listed below for consideration. In case of a dispute or if further clarification becomes necessary, please indicate your representative’s contact information. The Operations Division shall serve as the HCPS representative.
Local Contact Information
Account Representative Title
Local Address
Phone Number Cell Phone Number
Email Address Fax Number
X
Signature of Owner or Authorized Officer Date
Corporate Information
Representative's Name Title
Principal Place of Business Address
Remit-To Address (if different from above)
FEIN or Social Security Number
The preferred method to receive a purchase order. ☐ US Mail ☐ Fax ☐ Email ☐ Yes ☐ No. Is your company Workers’ Compensation Exempt? If yes, attach proof of exemption.
☐ Yes ☐ No. Is your company registered as a SBEP trade partner with the HCPS Office of Supplier Development?
Is your company SBE certified with any of the following agencies? (Check as applicable.)
☐ City of Tampa ☐ State of Florida ☐ Hillsborough County ☐ City of St. Petersburg ☐ Florida State Minority Supplier Development Council*
Hillsborough County Public Schools Page 10 of 63
3.2. BIDDER’S STATEMENT OF PRINCIPAL PLACE OF BUSINESS.
Name of Vendor:
___________________________________________________ whose principal place of business is in the state of:
Vendor’s Signature: X___________________________________________________
INSTRUCTIONS. IF your principal place of business above is located within the State of Florida, provide the information as indicated above and return this form with your bid response. No further action is required. IF your principal place of business is outside of the State of Florida, the following must be completed by an attorney and returned with your bid response. Failure to comply shall be considered to be non-responsive to the terms of this solicitation.
OPINION OF OUT-OF-STATE BIDDER’S ATTORNEY ON BIDDING PREFERENCES
(TO BE COMPLETED BY THE ATTORNEY FOR AN OUT-OF-STATE VENDOR)
NOTICE. § 287.084 (2), Florida Statutes, provides that “a vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state [or political subdivision thereof] to its business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.” See also. § 287.084(1), Florida Statutes.
LEGAL OPINION ABOUT STATE BIDDING PREFERENCES (PLEASE SELECT ONE)
☐ The Bidder’s principal place of business is in the State of _____________________________ and it is my legal opinion that the laws of that state do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that state.
☐ The Bidder’s principal place of business is in the State of _________________________________ and it is my legal opinion that the laws of that state grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that state: [Please describe applicable preference(s) and identify applicable state law(s)]: ____________________________________________________
LEGAL OPINION ABOUT POLITICAL SUBDIVISION BIDDING PREFERENCES (PLEASE SELECT ONE)
☐ The Bidder’s principal place of business is in the political subdivision of ___________________________________ and it is my legal opinion that the laws of that political subdivision do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision.
☐ The Bidder’s principal place of business is in the political subdivision of _______________________________ and it is my legal opinion that the laws of that political subdivision grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision:
[Please describe applicable preference(s) and identify applicable authority granting the preference(s)]:
Signature of out-of-state Bidder’s attorney
Printed name of out-of-state Bidder’s attorney Attorney’s state(s) of bar admission.
Telephone number of out-of-state Bidder’s attorney.
Email of out of state Bidders’ attorney
Hillsborough County Public Schools Page 11 of 63
3.3. STATEMENT OF QUALIFICATIONS.
Please provide written responses to the following questions. If the answer to any of the questions is “Yes,” the Bidder shall describe fully the circumstances, reasons therefore, the current status, and ultimate disposition of each matter that is the subject of this inquiry. If additional space is needed for any question, please attach it to this document.
☐ Yes ☐ No Has your organization been declared in default on any contract?
☐ Yes ☐ No Has your organization forfeited any payment of performance bond issued by a surety company on any contract?
☐ Yes ☐ No Has an uncompleted contract been assigned by your organization’s surety company on any payment of performance bond issued to your organization arising from its failure to fully discharge all contractual obligations thereunder?
☐ Yes ☐ No Within the past three (3) years, has your organization filed for reorganization, protection from creditors, or dissolution under the bankruptcy statutes?
☐ Yes ☐ No Is your organization now the subject of any litigation in which an adverse decision might result in a material change in the firm’s financial position or future viability?
☐ Yes ☐ No Is your organization currently involved in any state of fact-finding, negotiations, or resistance to a merger, friendly acquisition, or hostile take-over, either as a target or as a pursuer?
License Sanctions List, below, whether there have been any regulatory or license agency sanctions against your organization. HCPS may perform a background check on any vendor with all state and regulatory agencies.
Signature
Title
Print Name Date
Hillsborough County Public Schools Page 12 of 63
3.4. E-VERIFY.
Per s. 448.095, F.S., all employers within the state shall use the U.S. Agency of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all employees hired during the term of this contract. The Contractor shall also require all subcontractors performing work under this contract to use the E-Verify system for any employees they may hire during the term of this contract. Failure to comply with this provision is a material breach of the contract and HCPS may choose to terminate the contract at its sole discretion. The Contractor may be liable for all costs associated with HCPS securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary).
The employment of unauthorized aliens by any contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. In addition, pursuant to Executive Order 11-116, for all contracts providing goods or services to the state in excess of nominal value; (a) the Contractor will utilize the E-Verify system established by the U.S. Department of Homeland Security to verify the employment eligibility of all new employees hired by the Contractor during the contract term, (b) require that the Contractor include in such subcontracts the requirement that subcontractors performing work or providing services pursuant to the state contract utilize the E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Executive Order 11-116 may be viewed at http://www.flgov.com/wpcontent/uploads/orders/2011/11-116-suspend.pdf.
The Bidder must provide evidence of compliance with § 448.095, Florida Statutes. Evidence may consist of, but not limited to, providing notice of the Contractor’s E-Verify number or attach the certificate to the Bid.
E-Verify #: ___________________________________________________________
[INTENTIONALLY BLANK]
https://e-verify.uscis.gov/emp http://www.flgov.com/wpcontent/uploads/orders/2011/11-116-suspend.pdf
Hillsborough County Public Schools Page 13 of 63
3.5. BUSINESS REFERENCES.
The Bidder must submit three (3) references with the Bid. HCPS may contact these references during the evaluation process and may utilize other references’ information to predict the Bidder's capabilities. Negative references, in HCPS’ sole discretion, may be cause for the Bidder’s disqualification. The references included should be customers from the previous three (3) years. Preferred references shall be in the following order: other school districts, Florida, or other state’s government agencies, and private sector organizations.
REFERENCE # 1.
Organization Name Telephone #
Contact Name E-mail Address
Scope of Work Provided Contract/Project Dollar Value
REFERENCE # 2.
REFERENCE # 3.
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3.6. NON-COLLUSION AFFIDAVIT.
STATE OF
COUNTY OF
I state that of
(Name and Title) (Name of Proposer) am authorized to make this affidavit on behalf of Proposer and its owner, directors, and officers. I am the person responsible for the Proposer for the price(s) and amount(s) of this ITB, and the preparation of the Bid. I state that:
• The price(s) and amount(s) of this Bid have been arrived independently and without consultation, communication or agreement with any other Provider, potential provider, Proposer, or potential Proposer.
• Neither the price(s) nor the amount(s) of this Bid, and neither the approximate price(s) nor approximate amount(s) of this ITB, have been disclosed to any other firm, organization, or person who is a Contractor, potential Contractor, Proposer, or potential Proposer, and will not be disclosed before Bid opening.
• No attempt has been made nor will it be made to induce any organization or persons to refrain from submitting a Bid for the contract, or to submit a price(s) higher than the prices in this Bid, or to submit any intentionally high or noncompetitive price(s) or other form of complementary Bid.
• The Bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Bid.
• ________________________________________________ (Name of Proposer), its affiliates, subsidiaries, officers, director, and employees are not currently under investigation, by any governmental agency and have not in the last three (3) years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, or, if they have been, the details of such are as follows (separate sheets may be attached):
I state that I, and the named Proposer, understand and acknowledge that the above representations are material and important, and will be relied on by The School Board of Hillsborough County, FL for which this Bid is submitted. I understand and the Proposer understands that any misstatement in this affidavit is, and shall be treated as, fraudulent concealment from the The School Board of Hillsborough County, FL of the true facts relating to the submission of Bids for the contract.
Print Name
Signature Date
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3.7. PAYMENT OPTIONS.
P-Card. If Box is checked: ☐ HCPS personnel may choose to use a purchasing card (P-Card) in place of a purchase order to make purchases under the contract. Unless an exception is communicated to HCPS, the Bidder, by submitting a Bid, agrees to accept the P-Card as an acceptable form of payment and may not add additional service fees or handling charges to purchases made with the P-Card.
☐ Yes ☐ No: The Bidder accepts the P-Card conditions stated in this solicitation. If yes, please check the level of reporting your firm offers its customers who utilize the P-Card:
Level Date Supplier Transaction Amount
Sales Tax Customer-Defined Code
Line-Item Detail
☐ Level 1 X X X
☐ Level 2 X X X X X
☐ Level 3 X X X X X X
Other Payment Options. Please check one:
☐ Net 21 Days (E-Payables Option; Visa Virtual Credit Card). Contact Accounts Payables Services for specific information about the E-Payable option. This option will require the use of credit cards through your financial institution and/or credit card processor.
☒ NET 45 (Standard Payment Terms). Invoice payment is Net 45 days from the date of delivery or the receipt of a satisfactory invoice, whichever occurs last, unless invoices specify early payment discounts. All payments, other than payments for construction services, due and not made within the time specified by this section, bear interest from 30 days after the due date at the rate of one (1%) percent per month on the unpaid balance. HCPS provides payment to its OSD-registered SBEP trade partners for Net-14 days with no cash discount.
☐ _____ % 21 Days, Net 45. (Discount for early payment, i.e.: 2% 21, NET 45). Invoices less agreed upon discount are paid in 21 days. This option requires you to enter a discount percentage.
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3.8. DRUG-FREE WORKPLACE CERTIFICATION.
HCPS shall provide tie bid preference to businesses with drug-free workplace programs. Whenever two or more proposals, which are equal concerning price, quality, and service, are received by HCPS for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. HCPS shall establish procedures for processing tie proposals if none of the tie proposals have a drug-free workplace program. To have a drug-free workplace program, a business shall:
• Publish a statement notifying employees that unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.
• Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
• Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).
• In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or any controlled substance law of the United States, or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.
• Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any convicted employee.
• Make a good-faith effort to continue to maintain a drug-free workplace through the implementation of this section.
AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS COMPANY COMPLIES FULLY WITH
THE ABOVE DRUG-FREE WORKPLACE REQUIREMENTS.
Signature Title
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3.9. SCRUTINIZED COMPANY CERTIFICATION.
I hereby swear or affirm that as of the date below this company is not listed on a Scrutinized Companies list created pursuant to §§ 215.4725, 215.473, or 287.135, Florida Statutes. Pursuant to § 287.135, Florida Statutes, I further affirm that:
• This company is not participating in a boycott of Israel such that is not refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or Israeli-controlled territories, in a discriminatory manner.
• This Company does not appear on the Scrutinized Companies with Activities in Sudan List where the State Board of Administration has established the following criteria:
• Have a material business relationship with the government of Sudan or a government-created project involving oil-related, mineral extraction, or power generation activities, or
• Have a material business relationship involving the supply of military equipment, or
• Impart minimal benefit to disadvantaged citizens that are typically located in the geographic periphery of Sudan, or
• Have been complicit in the genocidal campaign in Darfur.
• This Company does not appear on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List where the State Board of Administration has established the following criteria:
• Have a material business relationship with the government of Iran or a government-created project involving oil-related or mineral extraction activities, or
• Have made material investments with the effect of significantly enhancing the Iranian petroleum sector.
• This Company is not engaged in business operations in Cuba or Syria.
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3.10. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY
EXCLUSION.
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). By signing and submitting this certification the potential contractor accepts the following terms:
***** BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS BELOW *****
(1) The prospective lower tier participant certifies, by submission of this Bid, that neither it nor its principals is 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 any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Name of Potential Contractor
Name and Title of Authorized Representative.
Signature of Authorized Representative Date
SEE INSTRUCTIONS FOR CERTIFICATION ON THE NEXT PAGE.
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INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this form, the prospective lower-tier participant is providing the certification set out on the reverse side in accordance with these instructions.
2. The certification in this clause is a material representation of the fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Non-Procurement List.
8. Nothing contained in the foregoing shall be construed to require the establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
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3.11. TRUTH AND ACCURACY STATEMENT.
The signer of this Bid guarantees, as evidenced by the affidavit required herein, the truth and accuracy of all statements and all answers to interrogatories hereinafter made.
The undersigned hereby:
• authorizes any public official, engineer, architect, surety company, bank depository, material or equipment manufacturer or distributor or any person, firm, or corporation to furnish any HCPS-requested pertinent information, or its representative, deemed necessary to verify the statements made in this qualification form or regarding the standing and general reputation of the organization; and
• states that all information given is an accurate representation of the office location and resources from where the services are to be rendered; and
• certifies that they are authorized to sign this bid for the organization and that the proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. The undersigned certifies acceptance of this solicitation’s terms, conditions, exhibits, specifications, attachments, and addenda.
“I certify (or declare) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct.”
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3.12. BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM.
The undersigned Bidder certifies to the best of his or her knowledge that:
• No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
• If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
• The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
• This certification is a material representation of the fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The undersigned Bidder certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Bidder understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
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3.13. VENDOR AFFIDAVIT REGARDING THE USE OF COERCION FOR LABOR AND SERVICES HUMAN
TRAFFICKING: § 787.06 (13), FLORIDA STATUTES
Section 787.06(13), Florida Statutes, requires all nongovernmental entities (the “Contractor”) executing, renewing, or extending a contract with a governmental entity (such as The School Board of Hillsborough County, Florida, or Hillsborough County Public Schools) to provide an affidavit signed by an officer or representative of the Contractor under penalty of perjury that the Contractor does not use coercion for labor or services as defined in that statute.
As the person authorized to sign on behalf of the Contractor, I certify that the company identified above does not:
• use or threaten to use physical force against any person; or
• restrain, isolate, or confine or threaten to restrain, isolate, or confine any person without lawful authority and against her or his will; or
• use lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; or
• destroy, conceal, remove, confiscate, withhold, or possess any actual or purported passport,…
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