2-2 - RFP 26-260330 - Transportation Restroom Facilities Instructions.pdf

00102-1 RFP 26-260330 – Transportation Restroom Facilities INSTRUCTIONS TO OFFERORS Paulding County School District

SECTION 00102

INSTRUCTIONS TO OFFERORS

1. Introductory: This solicitation is a Request for Proposal (RFP) and is a “competitive sealed proposal” process made according to O.C.G.A. § 36-91-21(c). The contract will be awarded to the responsible and responsive offeror whose proposal is determined in writing to be the most advantageous to the Paulding County School District (PCSD), taking into account the factors outlined in this RFP. To be entitled for consideration, proposals must be made in accordance with the following instructions and as scheduled in the Request for Proposal, at which time and place the proposals will be received. The Owner reserves the right to reject any or all proposals and shall have the right, but not the obligation, to waive technicalities and informalities. See Request for Proposal Invitation for the closing date, time, and submission instructions.

2. The Owner of the proposed work (the “Owner” or “PCSD”) is:

Paulding County School District 3236 Atlanta Highway Dallas, GA 30157

3. The title of the work (herein, the “Project” or the “Work”) will be as indicated in the Request for Proposal.

4. Architects and Engineers: The architect of record (“Architect”) or their authorized representative, and the consulting engineer(s) whose seal(s) occur on the Construction Documents will administer the construction contract.

5. Prequalification and General Information:

A. All proposals must be received in the manner and by the date and time set in the Request for Proposal Invitation. Proposal responses will then be opened and evaluated by a committee based on the evaluation factors discussed in the Proposal Documents. Offeror(s) should make their best effort to satisfy the requirements at their best price because a contract may be awarded based on the initial evaluation. If a contract is not awarded based on the initial evaluation, the committee may afford offerors an opportunity for discussions, negotiations and revisions of their proposals. If an offeror’s proposal is not evaluated as being within the competitive range, the offeror and its proposal will be excluded from further evaluation.

B. The committee will evaluate the quality and completeness of each response as it addresses each requirement of the RFP. All non-cost related areas of the response are evaluated during this phase. A list of areas being reviewed for this specific RFP, along with the associated point values is included in the Evaluation Plan listed in this document. The committee may in its sole discretion during the course of the evaluation request for presentation(s)/demonstration(s) with one or more selected offerors. Responses must satisfactorily meet other requirements before the cost is evaluated.

C. Responsible offerors who are within the competitive range and have submitted proposals that are considered to have a reasonable chance of being selected for contract award may be given an opportunity to participate in discussions, interviews, negotiations, and revisions related to their proposals. The evaluation committee will not disclose the contents of an offeror’s proposal to another offeror. After discussions, interviews, negotiations, and revisions, best and final offers (BAFOs) may be solicited from the responsible offerors that are within the competitive range.

D. The committee will select the proposal that is the most advantageous to PCSD based on the evaluation factors in the Proposal Documents. The selection will then be presented to the Paulding County School Board for its approval. If approved by the Board and other requirements (insurance, bonds, etc.) are satisfied, a contract will be awarded.

6. Major Subcontractors: Major subcontractors will include (Concrete, Masonry, HVAC, Plumbing, Electrical, Roofing, Flooring and Demolition). The following information must be submitted with the RFP in Bonfire, names of these major subcontractors, company information including addresses and their current projects similar to the scope of this Project. Offeror(s) may be required, at the discretion of the Owner, to furnish evidence satisfactory to the Owner that the proposed subcontractors have sufficient means and experience in the types of work called for to

00102-2 RFP 26-260330 – Transportation Restroom Facilities assure completion of the contract in a satisfactory manner. If the Offeror is awarded the contract, the subcontractors proposed shall be the subcontractors that will perform the work (unless prior approval is obtained from PCSD). PCSD reserves the right to approve or reject subcontractors submitted by the offeror.

7. Submission of Proposals: Proposals must be submitted as indicated in the PCSD Bonfire Interactive Portal. Proposals submitted in any manner other than through the PCSD Bonfire Interactive Portal will not be accepted. Proposals will not be accepted from entities that are currently on any State of Georgia or PCSD “Debarred, Suspended or Ineligible” list.

Offerors are instructed to read all terms, conditions and specifications as outlined in the Request for Proposal carefully. Proposal forms must be completed in their entirety Any correction made on the proposal form (strikethrough) must be initialed by an authorized representative of the company submitting the proposal or the proposal may be rejected by PCSD. Each offeror is required to furnish all information requested in the Request for Proposal.

Offerors are to specify the Base Proposal Price and Alternate amounts in both words and figures. If there is a discrepancy between the amounts written in words and those written in figures, the amounts written in words shall govern.

8. Documents: Proposal Documents may be reviewed by the public at the Office of the Architect/Engineer and at the PCSD Purchasing Department. However, proposals will only be accepted from offerors who have downloaded the proposal documents from the PCSD Bonfire Portal according to the requirements in the Request for Proposal. All PCSD documents issued in conjunction with this solicitation including but not limited to the original solicitation, subsequent addenda, clarification and vendor questions/answers as well as all PCSD accepted documents submitted in response to the solicitation, including any attachments and appendices that are incorporated into the contract between PCSD and the vendor contain the entire agreement between the parties and supersedes all prior oral and written agreements and understandings between the parties with respect to the subject matter hereof.

9. Addenda: Any addenda issued prior to the time the proposal is due shall be addressed in the proposal response and incorporated herein by reference.

10. Interpretation: No oral interpretations will be made to offerors as to the meaning of the proposal documents. Written inquiries are to be directed through the PCSD Bonfire Interactive portal as indicated on the Request for Proposal Invitation. Only written questions received through the PCSD Bonfire Interactive Portal received no later than the date and time specified in the Request for Proposal Invitation will be considered. Failure on the part of the successful offeror to do so shall not relieve them, as a contractor, of the obligation to execute such work in accordance with a later interpretation by the Architect. All the interpretations made to the offerors shall be made in the form of a subsequent addendum issued by the architect and/or answers to written questions to the Drawings and Project Manual will be posted to the PCSD Bonfire Interactive Portal.

11. Communications with PCSD Staff

A. All communications, including manufacturer substitution requests, concerning these documents must be submitted in writing through the PCSD Bonfire Interactive Portal.

B. No response, other than written, distributed by the Procurement Services Department and the Architect will be binding upon PCSD. The Procurement Services Department may call upon User Departments for clarification in their area of expertise.

C. From the issue date of the Request for Proposal until the completion of the Notice of Award, all communication regarding these documents must be authorized by the Procurement Services Department, including but not limited to communications with Paulding County School District system employees and/or contracted agents related to the Request for Proposal. Violation of this provision may result in rejection of the offeror’s response and/or debarment.

12. Bonfire Interactive Portal: It is the offeror’s responsibility to check the PCSD Bonfire Interactive Portal page on the Paulding County School District website for any responses to questions or other communications that may be necessary during the solicitation period. The PCSD Bonfire Interactive Portal can be found by going to https://www.paulding.k12.ga.us/, from this screen, click

00102-3 RFP 26-260330 – Transportation Restroom Facilities on Departments, choose Purchasing and then choose Current Solicitations. Find the link for PCSD Bonfire Solicitation Portal.

13. Additional Terms: The PCSD shall not be bound by any terms and conditions included in any offeror’s packaging, service catalog, website, brochure, technical datasheet, or other documents that attempt to impose any conditions at variance with or in addition to the terms and conditions contained in this solicitation. If the offeror objects to any term or condition that shall relate to a contract resulting from this solicitation, the objection shall be clearly stated on a separate page entitled “Objection to Term or Condition” and placed in the proposal immediately after the executive summary. If the objection is accepted by PCSD it will be stated in the contract. If not stated in the contract the terms and conditions shall remain as written in the solicitation.

14. Evaluation of Proposals: Proposals will be evaluated as outlined in the Evaluation Plan, which is included in this document.

15. Bond and Insurance Requirements

A. A Bid Bond (A.I.A. Document A310) payable to the Paulding County School District in the amount equal to 5% of the proposal price, must be submitted with the proposal. The bid bond shall be executed by a surety company, licensed to do business in the State of Georgia listed in the Department of the Treasury Circular 570, latest revision. The Surety Company shall have an A.M. Best Company minimum rating with a minimum financial size in accordance with the General Conditions. No company, regardless of its size or financial rating, will be allowed to write its own bond. CERTIFIED OR CASHIER'S CHECKS WILL NOT BE ACCEPTED IN LIEU OF A BID BOND. The surety company issuing the bid bond must be the same company that the contractor used in their qualification. A proposal will not be considered if a proper bid bond has not been submitted with the proposal.

B. A Performance Bond and Labor and Materials Payment Bond satisfactory to the Owner each in the amount of 100% of the contract sum will be required of the successful offeror to guarantee delivery of completed work under the contract and payment for labor and materials. These bonds shall be written on the modified A.I.A. Document A-312, 2010 edition, which is included in the project manual. No vendor, regardless of size or financial rating, will be allowed to write its own bonds. The Surety Company shall have an A.M. Best Company minimum rating with a minimum financial size in accordance with the General Conditions. Bonds must be accompanied by a letter stating the bonding company's current rating for verification before acceptance by the Owner and execution of the formal Owner/Contractor agreement. The Contract shall not be valid for any purpose unless the Contractor gives these required bonds. In accordance with O.C.G.A. § 36-91-70, the amount of these bonds will increase if and as the Contract amount is increased (through change orders or otherwise).

C. Bid Surety Bonds and Performance and Labor and Material Payment Bonds must be accompanied by a Certificate of Power of Attorney showing that the party who executed the bonds is authorized to do so by the surety company.

D. Insurance. Contractor shall provide insurance coverages in the amounts, on the terms of, and in the form set out in AIA Document A101-2017, Exhibit A.

16. Contract Award: Paulding County School District reserves the right to award the Project on whatever basis is in the interest of the Owner and to accept or reject any or all proposals and to waive technicalities and informalities. The Owner reserves the right to accept or reject additive alternates in any order that is in their best interest, deductive alternates will be accepted in the numerical order as they appear on the proposal documents. Proposals which contain irregularities, or which do not comply with the Contract Documents are subject to being rejected and returned to the offeror without having been read and entered in the proposal tabulation.

17. Contract Form: The form of agreement will be AIA Document A101- 2017 edition, Standard Form of Agreement Between Owner and Contractor where the Basis of Payment is a Stipulated Sum, and the form of General Conditions will be AIA Document A201-2017 edition, General Conditions for the Contract of Construction, in each case as modified by Owner. The agreement form will be prepared by the Owner and issued to the selected Contractor for execution and returned to the Owner for signature. Executed bonds and insurance certificates must be submitted to the Owner by the Contractor within ten (10) days of the date of the Notice of Award, except for the Bid Bond, which must be submitted at the time of submitting a proposal.

00102-4 RFP 26-260330 – Transportation Restroom Facilities

18. Samples: If required by the Owner, the successful offeror will submit samples of items they propose to furnish before any award is made.

19. Substitution Requests: Substitution requests shall follow specifications as outlined in the General Terms and Conditions section and can only be submitted by the Contractor responding to the solicitation.

20. Pre-proposal Conference: A pre-proposal conference may be held at a date and location to be announced in the Request for Proposal Advertisement.

21. Inspection and Testing for Asbestos Content of Building Materials:

NOTICE!

Building materials that are scheduled to be incorporated into the work under the agreement shall first either be certified by the manufacturer to be asbestos free or be inspected and tested by accredited parties and certified to be free of asbestos content in accordance with EPA requirements, the Asbestos Hazard Emergency Response Act (AHERA), and Asbestos-Containing Materials in Schools Rule.

"Asbestos" means the Asbestiform varieties of: Chrysotile (Serpentine), Crocidolite (Riebeckite), Amosite (cummingtonite-grunerite), Anthophyllite, Tremolite and Actinolite.

Materials shall not be incorporated into the work prior to the receipt of either manufacturer certification or accredited laboratory test results indicating the building material is asbestos free.

Copies of the test reports shall be furnished to the Owner and the Architect.

The Owner reserves the right to inspect and take samples at random at the job site. Materials containing asbestos shall be removed immediately at the contractor's expense using the current EPA protocol for the removal of asbestos containing materials.

22. Asbestos Containing Materials (ACM) in Existing Buildings: When building materials containing asbestos are present in areas of the existing building to be renovated, and it is necessary to remove those materials to accomplish the work, and those materials are identified in the Project Manual, or on the Drawings, the Contractor shall remove and dispose of the material in accordance with requirements of the governing authorities, at no additional cost to the Owner. If the presence of ACM is not identified in the documents, the contractor shall proceed as provided in Article 10 of the General Conditions.

23. Fees: The Owner will pay for Sewer Impact Fees, Water Tap Fees, and Water Meter Fees for work performed by the Paulding County Water Department. The contractor will pay for all remaining utility work. Costs for temporary water, gas, telephone and power services will be paid for by the contractor. The Owner will pay for utility costs starting on the date of Substantial Completion.

24. Work in Existing Buildings: The Contractor shall, at no additional cost to the Owner, remove, store, protect, and reinstall existing furniture, fixtures and equipment required to be moved to accomplish the work.

25. Background Checks: PCSD requires the Contractor, at the Contractor’s cost, to perform background checks on any employee or subcontractor who will be working on PCSD property (delivery personnel excluded). A comprehensive criminal history background checks to include both Georgia Crime Information Center (GCIC) and National Crime Information Center (NCIC) is required on each employee or subcontractor assigned to the Project. Minimum findings that warrant exclusion include:

A. Any felony conviction B. Any misdemeanor drug offense within the past seven (7) years C. Any crime against children D. Any sex-related conviction

Background checks must be provided to the PCSD Human Resources Department upon request by PCSD. Please note: it is required that all necessary checks be completed prior to the employee or subcontractor beginning work.

26. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT, O.C.G.A. § 13-10-90 et seq.

Contractor’s full compliance with all applicable federal and state security and immigration laws, including without limitation the Georgia Security and Immigration Compliance Act as amended, 00102-5 RFP 26-260330 – Transportation Restroom Facilities

O.C.G.A. §13-10-91, and Georgia Department of Labor Rule 300-10-1-.02, is a condition to the bid proposal and contract. Contractor’s compliance shall be attested by the execution and return of the Georgia Security and Immigration Compliance Documents with Contractor’s proposal, which documents will be attached to and become a part of the covered contract.

30. Required Documents. Contractor must submit the following required documents with Contractor’s proposal:

A. Bid Bond B. Vendor Questionnaire C. References D. Georgia Security and Immigration Compliance Documents (Contractor ONLY) E. Non-Collusion Affidavit F. Bid Form (Must be submitted separately and not included with other documents)

00102-6 RFP 26-260330 – Transportation Restroom Facilities

EVALUATION PLAN

Paulding County School District

Request for Proposal 26-260330

Transportation Restroom Facilities

March 30, 2026

00102-7 RFP 26-260330 – Transportation Restroom Facilities

This Evaluation Plan is intended for the evaluation of Paulding County School District Request for Proposal 26-260330, Transportation Restroom Facilities. A committee comprised of representatives from Paulding Facilities, Transportation and Purchasing Department will evaluate the proposal responses based on the evaluation criteria set forth herein, which include both non-cost and cost factors. Cost will not be the sole determining factor in the award.

The committee will evaluate the proposals in a multi-phase process. In the first phase, the committee will evaluate the non-cost criteria (i.e. Factors 1-4) and in the second phase, qualifying proposals will be evaluated for Cost (Factor 5). The non-cost criteria will be evaluated for quality and completeness and to ensure that all mandatory requirements of the RFP are addressed satisfactorily. All non-cost related areas of the response are evaluated during this phase. The information on the non-cost factors may be obtained from other documentation submitted with the contractor’s proposal. A clear and detailed response in each area is expected for a thorough and accurate evaluation of the RFP to occur. The committee may request additional clarification/information from the responding contractor(s). Failure to organize responses in the required format may affect evaluation scores. Any proposals that do not include all required information may be considered non-responsive and disqualified.

Factors being considered for the evaluation criteria of this specific RFP, along with their associated point values are listed below. Failure to address these areas in your response will result in lower non-cost factor scoring. Offerors must reference each section as listed below in their proposal.

1) FACTOR 1, PRIOR EXPERIENCE

Offeror’s prior experience with construction projects for a K-12 school district similar in scope, complexity, and size.

A. Submit 3 examples of successfully completed K-12 projects using a Design/Bid/Build procurement model with similar challenges that include the following information:

a. Identify the size, scope, and winning bid amount for the project.

b. Description of change orders and dollar value for each. Identify the final contract amount with change orders factored in.

c. Targeted completion date vs. actual completion date.

d. List the amount of money (if any) the owner was given back at the completion of the project?

B. Indicate experience with local building officials/inspectors, fire marshals, county or state regulatory bodies, utility purveyors, local subcontractors, and/or other required regulatory agencies.

C. Provide examples of previous work with Paulding County Schools demonstrating capabilities similar to those needed for this project.

D. Description of the process the offeror follows to identify additive or deductive change orders and how the dollar amounts are determined.

E. Provide information on potential issues with the construction documents.

2) FACTOR 2, PROJECT APPROACH

Information from the offeror identifying key processes to ensure the successful delivery and completion of the project. Submit the following information:

A. Provide a logistics plan that includes the following information:

00102-8 RFP 26-260330 – Transportation Restroom Facilities

a. Overall construction spaces identified.

b. Construction lay down space identified.

c. Parking for construction workers.

d. Location for job trailer(s), dumpster locations, and restroom facilities.

e. Mitigations for construction on an occupied campus, traffic pattern changes, or other areas of concern for the project.

B. Submit a detailed schedule that meets the required dates.

a. Maximize opportunity by utilizing school breaks and after-hours times to increase efficiency.

b. Identify key phases and milestones.

c. Identify potential challenges and associated mitigations with the project schedule.

d. Does the substantial completion meet the required date?

e. Does the final completion date meet the required date?

C. Identify potential cost-saving solutions.

D. Discuss communication strategies that will be utilized on the project between the offeror and the school staff, and between the offeror and the PCSD Capital Improvements staff.

E. Discuss the project closeout process and timing goals.

3) FACTOR 3, TEAM QUALIFICATIONS

A. Offeror to submit a team organization chart showing the firm’s proposed team members with the following information:

a. A Project Executive or equivalent position that oversees the direction for all aspects of the project and has at least 25% committed to the project.

b. A Senior Project Manager or equivalent position that provides planning, coordination, budgeting, and management, and is at least 50% committed to the project.

c. A Superintendent or equivalent position that provides on-site coordination for all physical construction phases, trades and construction activities on a daily basis and is committed 100% of the time to the project.

d. A Project Engineer or equivalent position that provides on-site support for all construction or administration duties and is committed 100% to the project.

B. Offeror to submit individual resumes of firm’s proposed team members listing their K-12 experience and also showing the following minimum number of years of experience:

a. A Project Executive or equivalent position with a preferred minimum of 8 years of experience. Please indicate if some years are with another company.

b. A Senior Project Manager or equivalent position with a preferred minimum of 5 years of experience. Please indicate if some years are with another company.

c. A Superintendent or equivalent position with a preferred minimum of 5 years of experience. Please indicate if some years are with another company.

d. A Project Engineer or equivalent position with a preferred minimum of 2 years of experience. Please indicate if some years are with another company.

00102-9 RFP 26-260330 – Transportation Restroom Facilities

4) FACTOR 4, OFFEROR OVERVIEW

Offeror to provide background information that indicates potential for success.

Please submit the following:

A. Indicate previous defaults with owners or subcontractors.

B. Provide details on established safety programs.

C. Indicate previous litigation and associated explanation.

D. Provide EMR rating.

5) FACTOR 5, COST

Components in cost to include:

A. Offeror’s lump-sum cost of construction and related services together with requested unit pricing.

B. The cost used for evaluation will be based on the base bid and recommended alternates if alternates are requested in the RFP documents.

PCSD reserves the right, once the highest scoring offeror is determined, to select alternates that would allow the project to stay within budget.

Scoring of Evaluation Criteria Factors (points may vary per project)

# Description Points

Possible

1. Factor 1 – Prior Experience 150

2. Factor 2 – Project Approach 125

3. Factor 3 – Team Qualifications 125

4. Factor 4 - Offeror Overview 125

Non- Cost Subtotal 525

5. Factor 5 - Initial Cost 225

TOTAL 750

The non-cost component of proposals (total score of Factors 1 – 4) can receive a maximum of 525 points out of 750 points possible. Cost (Factor 5) will be scored for only those proposals that receive 70% or more of total non-cost points (368 or more points).

In the second phase, the proposals which received 70% or more of the total non-cost points (Factors 1-4) will have their cost evaluated (Factor 5). The Cost Evaluation Formula: (Lowest Price/R-where “R” represents the cost of the proposal currently being ranked) x Points = Score. The scores on the non-cost and cost Factors will then be combined to determine offerors within the competitive range.

During the third and final phase, a short list of offerors may be selected. Negotiations, interviews, and/or presentations may be conducted with one or more of the responsible contractors on the shortlist. The evaluation committee may evaluate the information

00102-10 RFP 26-260330 – Transportation Restroom Facilities obtained during this phase and provide a score for this category.

# Description Points

Possible

Non-Cost Score 525

Initial Cost 225 Contractor Interviews/Presentations, if applicable 150

TOTAL 900

After the second and/or third phase(s), the contractors in the competitive range and/or shortlist may be given the opportunity to submit a best and final offer (“BAFO”) cost. A final score for each contractor will be computed based upon replacing the “Initial Cost” category score with scoring based on the BAFO Cost. BAFO Cost Evaluation Formula.

(Lowest Price/R-where “R” represents the cost of the proposal currently being ranked) x Points = Score.

# Description Points

Possible

Non-Cost Score 525

BAFO Cost 225 Contractor Interviews/Presentations, if applicable 150

TOTAL 900

After tabulation of the final scores, a selection will be made.

00102-11 RFP 26-260330 – Transportation Restroom Facilities

Vendor Questionnaire

Provide complete contact information for a point of contact DURING EVALUATION period. This person must be available to answer any questions about your response that may arise prior to the award. If no information is provided below, the information on the Acknowledgement and Agreement form will be used.

Company Name:

Contact Name:

Phone Number:

Email Address:

Provide complete contact information for each of the following. NOTE: An IRS W-9 form must be submitted with response.

Service Representative

This person will be responsible for answering PCSD questions related to products, billing issues, etc. during the term of the contract.

Company Name:

Address:

City: State: Zip:

Contact Name:

Telephone: Fax:

Contact Email:

Purchase Order Address

Address:

City: State: Zip:

Contact Name:

Telephone: Fax:

Contact Email:

Indicate whether purchase orders are to be sent via fax or email. □ Fax or □ Email (preferred)

PO Fax: PO Email Address:

00102-12 RFP 26-260330 – Transportation Restroom Facilities

Payment (Remit) Address

Address:

City: State: Zip:

Contact Name:

Telephone: Fax:

Contact Email:

Checks should be made payable to:

00102-13 RFP 26-260330 – Transportation Restroom Facilities

REFERENCES (Provide your company references):_________________________________, Insert Your Company Name

All responding contractors have provided references with their prequalification statements. However, PCSD has the right to contact additional references. References on the form below should be of similar scope to the current proposed project. It is the contractor’s responsibility to provide complete and accurate information, completing ALL fields. Failure to do so can result in PCSD being unable to verify past work and to determine whether the contractor is responsive and responsible. Do not list PCSD as a reference, however, PCSD reserves the right to consider its own past experience(s) with a contractor.

Company/Entity:

Address:

Telephone: Fax:

Contact: Contact Email:

Name of Project/Scope of work/Delivery Method

Project Cost Project Dates Architect Name/Company:

Architect Phone: Architect Email:

Company/Entity:

Telephone: Fax:

Contact: Contact Email:

Company/Entity:

Telephone: Fax:

Contact: Contact Email:

00102-14 RFP 26-260330 – Transportation Restroom Facilities

GEORGIA SECURITY & IMMIGRATION COMPLIANCE ACT DOCUMENTS

Determine how to comply with the GA Security & Immigration Compliance Act This section of the Agreement is related to the Georgia Security and Immigration Compliance Act, O.C.G.A. § 13-10- 90 et seq. The chart below may assist the Contractor in determining which affidavit(s) must be provided as a provision of entering into this Agreement. If in doubt as to whether a document should be completed and submitted, it is recommended that the Contractor submit the Information.

Does the Contractor provide services?

Initial line 2(b) on the next page; complete the Affidavit of Exception and provide driver’s license as requested therein.

No affidavits are required. Employee(s) will perform the work.

Initial lines 2(a), 3 and 5 of the next page; and completion of the

Contractor Affidavit is required. Initial lines 2(a), 4 and 5 of the next page; completion of the

Contractor Affidavit and Subcontractor Affidavit are required.

STOP

Does the Contractor have employees and/or subcontractors or plan to hire employees and/or subcontractors to perform the work?

Subcontractor(s) will perform the work.

Both subcontractor(s) and employee(s) will perform the work.

YES

NO

NO

YES

STOP

STOP

STOP

Is the contract valued over $2,499?

YES

NO

Initial line 2(c) on the next page. complete the Affidavit of

Exception

STOP

00102-15 RFP 26-260330 – Transportation Restroom Facilities

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2006, AS AMENDED BY

THE ILLEGAL IMMIGRATION REFORM ACT OF 2011, OCGA 13-10-90, ET SEQ.

TO ALL PROSPECTIVE CONTRACTORS:

If you are providing services to the Paulding County School District, this completed document, as well as the applicable Georgia Security and Immigration Compliance forms and affidavits referenced herein must be completed, signed, notarized, and submitted with your bid, proposal, quote, contract, or vendor registration.

1) The Paulding County School District shall comply with the Georgia Security and Immigration Compliance Act, as amended, O.C.G.A. § 13-10-90 et seq.

2) In order to ensure compliance with the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603 and the Georgia Security and Immigration Compliance Act of 2006, as amended by the Illegal Immigration Reform Act of 2011, O.C.G.A.

§ 13-10-90 et seq. (collectively the “Act”) the contractor (“Contractor”) MUST INITIAL the statement applicable to Contractor below:

(a) (Initial here) Contractor represents and warrants that Contractor has registered at https://e-verify.uscis.gov/enroll/ to verify information of all new employees in order to comply with the Act; is authorized to use and uses the federal authorization program; and will continue to use the authorization program throughout the contract period. Contractor further represents, warrants and agrees that it shall execute and return any and all affidavits required by the Act and the rules and regulations issued by the Georgia Department of Labor as set forth at Rule 300-10-1-.01 et seq. in accordance with the terms thereof; (Complete and submit the Contractor Affidavit and Agreement); OR

(b) (Initial here) The Contractor is a sole proprietor with no employees, subcontractors, or sub-subcontractors, and it will not use or hire employees, subcontractors, or sub-subcontractors for any work performed for the District under the contract. This requires submission of a Georgia driver’s license or a license from an approved state. (Complete and submit the Affidavit of Exception); OR

(c) (Initial here) The Contractor will provide goods only to the District and will not render any services to the District. If your company provides goods along with ancillary services, such as maintenance, repairs, help desk support, customer support, technological support, or any other ancillary services, your company cannot file an Affidavit of Exception and must register with E-Verify. (Complete and submit the Affidavit of Exception); OR

(d) (Initial here) The Contractor is a foreign company and the work performed under the contract will be done in a foreign country by residents of that country. Contractor must comply with any other laws required to perform services in the United States, including but not limited to having an appropriate visa. (Complete and submit the Affidavit of Exception); OR

(e) (Initial here) The Contractor is an individual who is licensed pursuant to Official Code of Georgia Title 26 or Title 43, or by the State Bar of Georgia; whose license is in good standing, and the Contractor is the individual who will be performing the services under the contract. (Complete and submit the Affidavit of Exception)

3) (Initial here) Contractor will not employ or contract with any subcontractor in connection with a covered contract unless the subcontractor is registered, is authorized to use, and uses the federal work authorization program and provides Contractor with all affidavits required by the Act and the rules and regulations issued by the Georgia Department of Labor as set forth at Rule 300-10-1-.01 et seq.

4) (Initial here) Contractor covenants and agrees that, if Contractor employs or contracts with any subcontractor in connection with the covered contract under the Act and DOL Rule 300-10-1-.02, then in such event Contractor will secure from each subcontractor at the time of the subcontract, the subcontractor’s name and address, the employer identification number/taxpayer identification number applicable to the subcontractor; the date the authorization to use the federal work authorization program was granted to subcontractor; the subcontractor’s attestation of the subcontractor’s compliance with the Act and Georgia Department of Labor Rule 300-10-1-.2.; and the subcontractor’s agreement not to contract with subcontractors unless the subcontractor is registered, authorized to use, and uses the federal work authorization program; and provides subcontractor with all affidavits required by the Act and the rules and regulations issued by the Georgia Department of Labor as set forth at Rule 300-10-1-.01 et seq. (Complete and submit the Subcontractor Affidavit and Agreement)

5) (Initial here) Contractor agrees to provide the Paulding County School District with all affidavits of compliance as required by the Act and Georgia Department of Labor Rule 300-10-1-.02, 300-10-1-.03, 300-10-1-.07 and 300-10-1- .08 within five (5) business days of its receipt of any such documents.

Company Name:

00102-16 RFP 26-260330 – Transportation Restroom Facilities

CONTRACTOR AFFIDAVIT PROVIDED PURSUANT TO O.C.G.A. § 13-10-91(b)(1)

The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with O.C.G.A. § 13-10-91, attesting as follows:

a) The Contractor has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program;

b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof;

c) The Contractor will notify public employer Paulding County School District in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof;

d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contractor’s contract with Paulding County School District;

e) The Contractor will subcontract for the performance of services in satisfaction of such contract only with subcontractors who complete, sign, notarize, and present an affidavit to the Contractor with the information required by O.C.G.A. § 13-10-91(a), (b), and (c) prior to beginning the performance of services;

f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by Contractor; and

g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to public employer Paulding County School District within five (5) business days of receipt.

Federal Work Authorization User Identification Number (4 to 7 Digit Number)

Date of Authorization

Name of Contractor

Email Address

Name of Project/Contract

Telephone Number

Name of Public Employer Paulding County School District I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on , 20 in (city), (state).

Signature of Authorized Officer or Agent of Contractor

Printed Name and Title of Authorized Officer or Agent

NOTARY INFORMATION

Subscribed and Sworn before me this the day of , 20 .

Notary Public Signature

My Commission Expires: ___________________________

Affix Notarial Seal Here

00102-17 RFP 26-260330 – Transportation Restroom Facilities

SUBCONTRACTOR AFFIDAVIT PURSUANT TO O.C.G.A. § 13-10-91(b)(3)

By executing this affidavit, the undersigned subcontractor (hereinafter the “Subcontractor”), which is engaged in the physical performance of services under a contract with ________________________________ (name of contractor) on behalf of public employer Paulding County School District, verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the Subcontractor has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the Subcontractor covenants that it will continue to use the federal work authorization program throughout the contract period, that the Subcontractor will contract for the physical performance of services in the performance of such contract only with sub-subcontractors who present an affidavit to the Subcontractor with the information required by O.C.G.A.

§ 13-10-91(b), and that the Subcontractor shall forward notice of receipt of any sub-subcontractor’s affidavit to the contractor and School District, together with a copy of such affidavit, within five (5) business days of its receipt of the same. If the Subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the Subcontractor must forward, within five (5) business days of receipt, a copy of the notice, together with copies of such affidavits, to the contractor.

Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number (4 to 7 Digit Number)

Date of Authorization

Name of Subcontractor

Email Address

Name of Project/Contract

Telephone Number

Name of Public Employer Paulding County School District

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on , 20 in (city), (state).

Signature of Authorized Officer or Agent of Subcontractor

Printed Name and Title of Authorized Officer or Agent

Subscribed and Sworn before me this the day of , 20 .

My Commission Expires: ____________________________

00102-18 RFP 26-260330 – Transportation Restroom Facilities

AFFIDAVIT OF EXCEPTION PURSUANT TO O.C.G.A. § 13-10-91(b)(5)

The undersigned, in connection with a proposed contract or subcontract with the Paulding County School District (the “School District”) for the physical performance of services in the State of Georgia (the “Contract”), hereby affirms and certifies under penalties of perjury that I am exempt from providing a Contractor Affidavit of E-Verify Compliance to the School District pursuant to O.C.G.A. § 13-10-91, as amended, for one of the following reasons:

(a) I am a sole proprietor with no employees, subcontractors, or sub-subcontractors, and I will not use or hire employees, subcontractors, or sub-subcontractors for any work performed for the School District;

In order to be exempt from compliance under the above exception, in addition to this affidavit you must provide a copy of your State of Georgia driver’s license. If you do not have a Georgia license, please see:

https://law.georgia.gov/sites/law.georgia.gov/files/related_files/site_page/List%20of%20States.pdf for a list of driver’s licenses from alternative states that can be submitted in lieu of a Georgia driver’s license.

If at any time hereafter I determine that I will need to hire employees to satisfy or complete the physical performance of services under the Contract, then before hiring any employees, I will:

(i.) Immediately notify the School District and all higher tier contractors (if any) in writing; and

(ii.) Register with, participate in and use, a federal work authorization program operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986, P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-90; and

(iii.) Provide the School District with all affidavits required by O.C.G.A. § 13-10-90 et seq. and Georgia Department of Labor Rule 300-10-1-.01 et seq.

OR

(b) The Contractor will provide goods only to the District and will not render any services to the District. If your company provides goods along with ancillary services, such as maintenance, repairs, help desk support, customer support, technological support, or any other ancillary services, your company cannot file an Affidavit of Exception and must register with E-Verify;

OR

(c) The Contractor is a foreign company, and the work performed under the contract will be done in a foreign country by residents of that country;

OR

(d) The Contractor is an individual who is licensed pursuant to Official Code of Georgia Title 26 or Title 43, or by the State Bar of Georgia; whose license is in good standing, and the Contractor is the individual who will be performing the services under the contract.

Print Company Name / Name of Sole Proprietor

Name of Project/Contract

BY: Signature of Authorized Officer/Agent of Company/Sole Proprietor Date

Sworn to before me this day of , 20

00102-19 RFP 26-260330 – Transportation Restroom Facilities

DOCUMENT 00480

NON-COLLUSION AFFIDAVIT

1.01 GENERAL

A. The Non-Collusion Affidavit shall be executed by offeror and submitted with the proposal.

B. Failure to submit this affidavit, filled out and signed in its entirety, shall result in the proposal being deemed non-responsive.

State of Georgia County of ____________________________ SS

__________________________________________, being first duly sworn, deposes and says that he or she is the (Name of person signing Offer) _____________________________ of _________________________________, which is the party making the (Title of Signer) (Company name of Offeror) foregoing proposal, the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; the offer is genuine and not collusive or sham; the offeror has not directly or indirectly induced or solicited any other offeror to put in a false or sham offer, and has not directly or indirectly colluded, conspired, connived, or agreed with any offeror or anyone else to put in a sham offer, or anyone shall refrain from proposing; that the offeror has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the price of the offeror or any other offeror, or to fix any overhead, profit, or cost element of the proposal price, or of that any other offeror, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, the offeror has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, offer depository, or to any member or agent thereof to effectuate a collusive or sham offer.

Offeror Name _________________________________________________________

Name as it appears on Business License: ____________________________ Check One:

Sole Ownership _____ IRS Employers Identification Number: ______________________ Partnership _____ Corporation _____

Address _________________________________________________Phone (_____) __________________

2 City _______________________________ State _____ Zip Code ___ FAX (_____) ______________________

“The signature below binds offeror to all the stated conditions and offeror certifies under penalty of perjury under the laws of the State of Georgia the foregoing is true and correct.”

By_____________________________________________________________________________________ Print Name Signature and Title

(Affidavit shall be signed in cursive by offeror or an authorized representative of offeror. Do not type or use rubber stamp.)

Dated this __________________________ day of ____________________ 20 _______

(THIS DOCUMENT CANNOT BE ALTERED, MODIFIED, OR CHANGED.)

[Failure to submit this form shall render the proposal non-responsive]