25260035P-AZ_RFP_Document.pdf

REQUEST FOR PROPOSAL (RFP) & PROPOSAL ACKNOWLEDGEMENT

POSTING DATE: PURCHASING CONTACT: Amanda Zarko October 21, 2025 TELEPHONE: 407-320-0237 EMAIL: zarkoaz@scps.k12.fl.us

RFP NUMBER & TITLE: 25260035P-AZ

E-Rate Consulting Services

RFP DUE DATE & TIME: November 14, 2025 at 1:00 PM EST Proposal Opening will be via WebEx and dial-in only at meeting number (access code): 2316 925 2594, meeting password: RxTVaeMj262, or call 1-415-655-0003.

NOTE: RFPS RECEIVED AFTER THE RFP DUE DATE AND TIME WILL NOT BE ACCEPTED.

PRE-PROPOSAL CONFERENCE MEETING DATE & TIME: Voluntary – October 30, 2025 at 10:30 AM EST, via WebEx only.

WEBEX access code: 2312 337 5655, Password: 4PpDnpPZ86Y, or call 1-415-655-0003

The School Board of Seminole County, Florida, solicits your company to submit a Bid on the above-referenced goods and/or services.

All terms, specifications and conditions set forth in this invitation are incorporated by this reference into your response. A Bid will not be accepted unless all conditions have been met. In the event of a conflict between the General Purchasing Terms and Conditions and any subsequent Special Conditions included herein or attached hereto, the Special Conditions will have precedence. All Bids must have an authorized signature in the space provided below. All Bids must be received in the Vendorlink portal, www.myvendorlink.com, by the “Bid Due Date & Time” referenced above. The School Board is not responsible for bidders’ failure to upload their bids by the due date and time.

THE FOLLOWING MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF YOUR PROPOSAL.

PROPOSALS WILL NOT BE ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED AGENT OF THE

PROPOSER.

LEGAL COMPANY NAME (AS REGISTERED IN WWW.SUNBIZ.ORG OR AS REGISTERED IN YOUR STATE):

COMPANY NAME: _________________________________________________________________________________________________________

MAILING ADDRESS: _______________________________________________________________________________________________________

CITY, STATE, ZIP: _________________________________________________________________________________________________________

FEDERAL EMPLOYER’S IDENTIFICATION NUMBER (FEIN): ______________________________________________________________________

TELEPHONE NUMBER: _______________________________________ FACSIMILE NUMBER: _________________________________________

I CERTIFY THAT THIS PROPOSAL IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR CONNECTION WITH ANY OTHER PROPOSER SUBMITTING A PROPOSAL FOR THE SAME MATERIALS, SUPPLIES, EQUIPMENT OR SERVICES, AND IS IN ALL RESPECTS FAIR AND WITHOUT COLLUSION OR FRAUD. I AGREE TO ABIDE TO ALL CONDITIONS OF THIS RFP AND CERTIFY THAT I AM AUTHORIZED TO SIGN THIS RFP FOR THE PROPOSER.

TYPED OR

AUTHORIZED SIGNATURE: ___________________________________ PRINTED NAME: _____________________________________________

TITLE: ____________________________________________________ DATE: ______________________________________________________

EMAIL: __________________________________________________________________________________________________________________

(Rev. 5-18-2021)

THE SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA

PURCHASING AND DISTRIBUTION SERVICES DEPARTMENT

400 East Lake Mary Boulevard Sanford, Florida 32773-7127

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I. PURPOSE.

The School Board of Seminole County, Florida (SBSC) is soliciting competitive sealed proposals from qualified professional agencies to provide E-Rate Consulting and Management Solutions services.

II. SPECIAL TERMS AND CONDITIONS

1. CONTRACT TERM. The agreement will be effective upon Board approval for a period of three years (3) years and may be renewed for an additional two-year period upon agreement by all parties. The contract is subject to review and renewal by the School Board after the initial contract period. Renewal will in part be dependent upon acceptability of overall cost savings, quality of service and provider stability.

2. RFP SCHEDULE. Please see Attachment “A,” RFP Tentative Schedule of Events.

3. PRE-SOLICITATION MEETING. A voluntary pre-solicitation meeting will be held for all interested Proposers in accordance with the date, time, and location on page 1, of this RFP.

An overview of the solicitation process and review of scope of services will be conducted including a question and answer opportunity for the Proposers.

III. STATEMENT OF WORK.

The School Board of Seminole County (SBSC) is requesting proposals for a fully compliant E-Rate Consulting and Management Solution. SBSC is looking to partner with an experienced vendor who will assist with maximizing and optimizing E-Rate discounts and identify areas of expansion for leveraging the Schools and Libraries Program, also referred to as “E-Rate”.

The Vendor will partner with the SBSC to:

1. Identify and establish viable technology projects that will be reimbursable under the E-Rate guidelines set forth for the current and upcoming years,

2. Develop E-Rate Requests for Proposals (RFP’s) and aid, when requested, with the bidding and evaluation processes for both Category One and Two services and equipment,

3. Provide professional knowledge and experience as it pertains to technology, education, and E- Rate guidelines.

The Vendor shall coordinate all aspects of the application process for SBSC’s E-Rate program, to include preparation of applications and service provider forms for both Categories One and Two, assist with the coordination of suppliers, contracts, and billing, as well as ensuring program integrity. Sound project management methodologies shall be part of the scope of services for the partner Vendor, requiring the Vendor to work with the SBSC to create the scope, schedules, deliverables, and budgets for each purchase made in either of the priority areas of the E-Rate program. There is no guarantee of any minimum amount of work that will be awarded to any contractor.

IV. EVALUATION CRITERIA AND AWARD.

The recommendation of the Evaluation Committee is advisory only and shall be submitted to the superintendent for review and recommendation for action to the School Board of Seminole County, Florida. The Superintendent reserves the right to recommend that all submittals be rejected, and a new RFP be issued or to submit such other recommendation to the School Board that the Superintendent deems to be in the best interest of the School Board.

In accordance with Florida Statute 286.0113, the oral interviews, presentations, and evaluation committee meetings will be exempt from the public meeting requirement (F.S. 286.011) in cases where the following activities occur:

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1. Any portion of a meeting at which a negotiation with a vendor is conducted pursuant to a competitive solicitation, at which a vendor makes an oral presentation as part of a competitive solicitation, or at which a vendor answers questions as part of a competitive solicitation are exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.

2. Any portion of a team meeting at which negotiation strategies are discussed is exempt from s.

286.011 and s. 24(b), Art. I of the State Constitution.

A complete recording shall be made of any portion of an exempt meeting. No portion of the exempt meeting may be held off the record. The recording of, and any records presented at, the exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever occurs earlier.

1. SCORING THE PROPOSALS.

A. The Evaluation Committee shall consist of a representative of the Business Advisory

Committee, a School Board Member (Non-voting member), Director of Information Services, Supervisor, I.S. Operations, Administrator, I.S. Network Architecture, Network Security Analyst, and Procurement Agent (Non-voting member). The Purchasing Department will facilitate the process and be the point of contact for all issues. No attempt should be made by Proposers to contact or influence any committee member directly or indirectly. The Evaluation Committee shall score the entire process.

B. An adjectival scoring system shall be applied throughout the evaluation process for the evaluation of the written responses and the oral presentation/informal interviews. A score of zero (0) is the least favorable and a score of four (4) is the most favorable in all sections.

C. The Respondent’s response will be scored by Evaluation Committee members in accordance with the following scale:

0 = Unsatisfactory: Not responsive to the question.

1 = Below Minimum Standards: Responsive to the question but below acceptable standards.

2 = Marginal: Minimal acceptable performance standards and responsive to the question.

3 = Satisfactory: Above minimum performance, Effective and Responsive to the question.

4 = Exceeds Expectations for effectiveness and responsiveness to the question.

NOTE: The Evaluation Committee member’s score will be multiplied by the “weighted value” assigned to the different sections listed here, resulting in the total score for that section.

2. CRITERIA AND WEIGHTS. The weight for each criterion is indicated in parenthesis for each section and is the multiplier that will be applied to the scoring as indicated in 1. B. and 1.C.

above.

V. WRITTEN SUBMITTAL REQUIREMENTS.

Proposer shall upload one (1) digital electronic portable document format (PDF) proposal to the VendorLink portal (https://www.myvendorlink.com/) no later than the date and time specified on page 1, of this solicitation. Each response shall be organized and presented in the following sequence and will include the following as a minimum:

Tab 1 – Respondent’s Profile and Submittal Letter – (Non-Scored)

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RFP Submittal Letter signed by authorized agent of the business/corporation with proof of authorization from business.

A brief profile of the firm, including:

A. A brief history of the business, B. Organizational structure of business, C. Ownership interests, D. Active business venues (counties, states, etc.), E. Present status and projected direction of business, F. Designation of the legal entity by which the business operates and documentation from the appropriate state’s agency confirming firm’s legal entity type (i.e., sole proprietorship, partnership, limited liability partnership, corporation, Limited Liability Corporation, etc.). Respondents who are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the State of Florida must furnish their Florida document number, and a screen shot of their “active” status. All registered respondents must have an active status in order to be eligible to do business with the School Board. Respondents doing business under a fictitious name, on page 1, must submit their proposal using the company’s complete registered legal name;

example: ABC, Inc. d/b/a XYZ Company. To register with the State of Florida, visit:

www.Sunbiz.org, and

G. For non-Florida businesses, submit documentation from the state in which the business was formed, including their state’s document number and a screen shot of their current, date-identified “active” status with the submittal.

Tab 2 – Experience of Personnel – (Weighted Value 15)

A. The overall qualifications/resumes of the key personnel providing the service requested, including education and training, and experience in services herein addressed.

B. The Vendor will provide evidence of successful E-Rate reimbursement for other public school districts from the past five (5) consecutive years. The size of the public school district should be part of this response as well as the extent of services provided by the Vendor. Vendor should include examples of public school districts in Florida, if available.

C. Provide an example of a wireless networks project the Vendor assisted a public school district with in the past five (5) years, if available. Include the size of the public school district, the solution implemented and the extent of E-Rate funding available to the public school district.

D. In the last five (5) years how many appeals have you submitted to the Universal Service Administrative Company USAC for your clients? What were the outcomes of the USAC appeals?

E. In the last five (5) years how many appeals have you submitted to the Federal Communication Commission FCC for your clients? What were the outcomes of the FCC appeals?

Tab 3 – Technical Approach and Methodology – (Weighted Value 25)

Please include as a minimum the following:

A. The overall qualifications/resumes of the key personnel providing the service requested, including education and training, and experience in services herein addressed.

B. Provide implementation plan and support documents.

C. Provide a detailed description of the services provided as part of the E-Rate consulting package.

D. List and describe additional forms the Vendor will assist SBSC with preparing, filing and maintaining.

E. Describe how the Vendor will assist the district with discount percentage determination (Free and Reduced Lunch program).

F. Describe how the Vendor will review the district’s compliance with SLD requirements, as applicable, to include compliance with any relevant federal regulations.

G. Describe how the Vendor will manage any Selective Reviews, Program Integrity Assurance

(PIAs) or Audits, including preparation and submission of appeal letters.

H. Describe the Vendor’s approach to conducting a strategic analysis of prior and current E-Rate funding within the district and identifying additional opportunities.

http://www.sunbiz.org/

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I. Describe how the Vendor will provide annual on-site training to appropriate district E-Rate staff.

J. Please go into detail on how you inform district purchasing staff on the E-Rate procurement process.

K. To what extent will the Vendor be prepared to collect all information required for 470 forms?

L. To what extent will the Vendor be prepared to complete and submit 470 forms?

M. To what extent will the Vendor be prepared to collect all information required for 471 forms?

N. To what extent will the Vendor be prepared to complete and submit 471 forms?

O. To what extent will the Vendor be prepared to collect all information required for 472 forms?

P. To what extent will the Vendor be prepared to complete and submit 472 forms?

Q. To what extent will the Vendor be prepared to collect all information required for 486 forms?

R. To what extent will the Vendor be prepared to complete and submit 486 forms?

S. To what extent will the Vendor be prepared to file Service Provider Invoice Number (SPIN) changes?

T. As part of this solicitation proposal, will the Vendor file invoice extension requests on behalf of

SBSC?

U. As part of this solicitation proposal, will the Vendor file Billed Entity Applicant Reimbursement

Forms (BEAR) on behalf of SBSC?

V. As part of this solicitation proposal, will the Vendor file Service Provider Invoice (SPI) forms on behalf of SBSC?

W. Will the Vendor be able to help via live chat and telephone during normal business hours?

Normal business hours shall be defined as Monday through Friday, except holidays, from 8:00 AM to 5:00 PM (Eastern Standard Time).

Tab 4 – Reporting Services – (Weighted Value 15)

A. Provide example of reports as outlined in RFP.

B. The contractor must identify the method by which it will report discounts, rebates and other applicable credits allocable to the contract.

C. The contractor must maintain documentation of costs and discounts, rebates and other applicable credits and must furnish such documentation upon request to the school district.

D. List and describe reports the Vendor will prepare, provide and maintain for SBSC.

E. Provide a sample RFP used for eligible E-Rate services/equipment and describe how the

Vendor will assist the district with preparation of the RFP.

F. The Vendor will develop and provide an E-Rate manual describing the processes used for the district for managing and monitoring the E-Rate program.

G. The Vendor will provide an online documentation repository that meets or exceeds records management requirements for the E-Rate program. As part of this response, the Vendor should also acknowledge that documentation stored in an online repository is available to the district should the partnership be terminated. The Vendor will be required to copy all E-Rate documents related to SBSC to the SBSC district E-Rate SharePoint site.

H. To what extent will the Vendor be prepared to collect all information required and submit all documentation for a Payment Quality Assurance (PQA) inquiry from E-Rate?

I. To what extent will the Vendor be prepared to collect all information required and submit all documentation for Beneficiary and Contributor Audit Program (BCAP) inquiry from E-Rate?

J. To what extent will the Vendor be prepared to collect all information required and submit all documentation if the district files an E-Rate Appeal with Universal Service Administrative Company USAC?

K. To what extent will the Vendor be prepared to collect all information required and submit all documentation if the district files an E-Rate Appeal with Federal Communications Commission FCC?

Tab 5 – References – (Weighted Value 5) Provide a minimum of three (3) reference forms utilizing Attachment “H” from owner representatives for projects that your Firm has provided or is providing services which are similar in scope to this RFP.

References shall be current, dated within one (1) year of this solicitation. The reference from the owner representative must be provided on Attachment “H”, and include details regarding your Firm’s

25260035P-AZ E-Rate Consulting Services Page 6 of 35 role, level of service provided, etc. References from School Board of Seminole County staff shall not be considered.

Tab 6 – Fee Schedule (Weighted Value 40) The fee schedule proposed for the services as outlined in this Request for Proposal and clarified through addenda. List ANNUAL PRICE for any relevant services that are within the scope of services outlined in this solicitation. This is the initial pricing. The short-listed firms may be provided with the opportunity to submit a Best and Final Fee Schedule as defined in the definitions and in Section 5.0, Oral Interview or Presentation Evaluation Criteria, Item 5.

Tab 7 – Confidential Materials, Performance and Payment Bond, Audited Financial Statements, and Litigation Information - Weighted Value: Pass/Fail (a score of Fail for this section will disqualify your submittal). Confidential materials shall be submitted in this section as a separate PDF document – any materials that Respondent asserts as “trade secrets” shall be segregated, clearly labeled and accompanied by an executed Non-Disclosure Agreement for Confidential Materials (Attachment “E”) and provided as a separate PDF.

A. Financial Stability. Each Respondent is required to submit documentation to demonstrate that their business is fiscally and operationally sound, with sufficient human and financial resources necessary to (1) fulfill the implicit and explicit contractual obligations identified in this solicitation and (2) provide the level of services required by the specifications that result from the solicitation process. Respondent shall submit the following documentation with their submittal to avoid disqualification.

Respondents are required to submit the following checked items (if both 1 and 2 are checked then Respondent may submit either 1 or 2):

1. Preferred Documentation: Respondent shall provide a commitment letter from their surety with their submittal. Commitment letter shall:

a. be written by a surety that (1) holds a certificate of authority authorizing it to write surety bonds in Florida with a minimum A.M. Best’s Rating of “A-” (or industry equivalent),

b. be on the surety’s letterhead,

c. be countersigned by a licensed Florida agent appointed by the surety, and

d. state that the surety will provide a fidelity bond. The actual amount of the fidelity bond will be established during the negotiation phase.

The surety shall also maintain a current certificate of authority as an acceptable surety on Federal bonds in accordance with U.S. Department of Treasury Circular 570, current revision. If the amount of the bond exceeds the underwriting limitations set forth in Circular 570, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in Circular 570 and the surety shall provide evidence satisfactory to the Board that the amount in excess of the net retention is protected by co-insurance, reinsurance, or other methods in accordance with Treasury Circular 297, Revised September 1, 1978 (31 CFR Section 223.10, Section 223.11).

IMPORTANT: The required value of the bond may increase or decrease during the negotiation phase and/or contract term if the contract value changes. SBSC shall determine the actual amount of the bond, based upon the final specifications agreed in the award. Surety will be required to provide fidelity bond through a licensed Florida agent within ten

(10) days after the Board’s approval of the final agreement.

2. Substitute Documentation: Audited Financial Statements.

a. Submit the Respondent’s two (2) most recent fiscal years’ complete, audited Financial

Statements, including income statement, balance sheet, statement of owner’s equity, statement of cash flows, management analysis and discussion, and financial notes sections.

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b. Provide the name, title, address and phone number of the financial officer of the Respondent responsible for providing this information.

c. The Respondent’s audited financial statements will be evaluated by the District’s Chief Financial Officer(s) and/or designee(s) to determine the Respondent’s ability to meet the implicit and explicit contractual obligations identified in this solicitation and provide the level of services required by the specifications that result from the solicitation process.

3. No Financial Documentation Required.

B. Pending Litigation Disclosure. Each respondent is required to provide disclosure of any current or pending litigation on the Respondent’s letterhead. Respondent shall disclose any material changes in the business operations of the Respondent, including without limitation any pending bankruptcy proceedings, bankruptcies, receiverships, mergers, acquisitions, stock acquisitions or spin-offs which have occurred within the last three (3) years and any material pending or threatened litigation. If appropriate, discuss the impact of these changes on the Respondent’s financial or managerial ability to perform the noted tasks under this Contract.

Tab 8 – Exceptions to Draft Services Agreement (Non-Scored) Provide any exceptions to the District’s standard agreement (Attachment “K”). In addition, respondents must provide any and all documentation or agreements that you anticipate requesting the School Board to incorporate into the final agreement or sign as a result of this RFP award. The School Board reserves the right to reject any proposed exception to the District’s standard agreement, or any other agreements Proposer requests the School Board to incorporate into the final contract resulting from this RFP. In addition, Proposers must provide all documentation or agreements that you anticipate requesting the School Board to incorporate into the final agreement or sign because of this RFP award.

Tab 9 – Addenda (Non-Scored) Any addenda issued subsequent to the release of this solicitation must be signed and returned with the firm’s proposal. Failure to return signed addenda may be cause for the proposal to be considered non-responsive.

Tab 10 – Required Documents Attach evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. Final forms must contain the correct solicitation and/or project number and School Board of Seminole County, Florida contact person. Firms that have owner/operators that have filed a "Notice of Election to be Exempt" shall submit a copy with the proposal. Incorporated and unincorporated Firms that qualify for an exemption under the Florida Worker’s Compensation law in Chapter 440 Florida Statutes shall submit an executed waiver relieving the School District of liability in the event they are injured while providing goods and/or services to the School District.

Respondent shall provide the following documents in order listed below (Non-Scored):

Request for Proposal (RFP) & Proposal Acknowledgement (page 1) Attachment “B” Drug Free Workplace Certification Attachment “C” Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Attachment “D” Conflict of Interest Form: All respondents shall properly complete, have notarized and attach with their proposal the attached notarized disclosure statement.

Attachment “F” Certification Statement Prohibition against Contracting with Scrutinized Companies

Attachment “I” Prohibition Against Contingent Fees Attachment "J” Vendor Affidavit Regarding the Use of Coercion for Labor and Services

VI. ORAL INTERVIEW OR PRESENTATION EVALUATION CRITERIA

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After an evaluation of the proposals, the evaluation committee may conduct interviews or presentations from a short list of vendors. If this is determined, the firm will be contacted for the interview or presentation, which may occur on the date listed in Attachment “A.”

SCORING: An adjectival scoring system shall be applied throughout the evaluation process for the evaluation of the written responses and the oral presentation/informal interviews. A score of 0 is the least favorable and a score of 4 is the most favorable in all sections.

The Proposer’s interview, presentation, demonstration, etc. will be scored by Committee members according with the following scale:

0 = Unsatisfactory: Not responsive to the question.

1 = Below Minimum Standards: Responsive to the question but below acceptable standards.

2 = Marginal: Minimal acceptable performance standards and responsive to the question.

3 = Satisfactory: Above minimum performance, Effective and Responsive to the question.

4 = Exceeds: Exceeds expectations for effectiveness and responsiveness question.

All presentations shall include at minimum:

1. Ability, Capacity, and Skill of the Proposer – (Weighted Value 25)

The Proposer’s demonstration of its ability, capacity, and skill to provide the services herein addressed.

2. Ability, Capacity, and Skill of the Proposer – (Weighted Value 25)

The Proposer’s demonstration of its ability, capacity, and skill to provide the services herein addressed.

3. Relevant Experience – (Weighted Value 20)

The Proposer’s demonstration of its’ experience with Florida School Boards and/or other political subdivisions.

4. Approach and Methodology – (Weighted Value 20)

The Proposer’s demonstration of its approach and methodology of how the services herein addressed will be provided.

5. Reporting Services – (Weighted Value 10)

The Proposer’s provision of demonstrations of reports as outlined in the RFP Section III., Scope of Work or Services.

6. Best and Final Offer (BAFO) Fee Schedule – (Weighted Value 25)

The best and final fee schedule proposed for the services as outlined in this RFP, clarified through addenda and short-list meeting discussions. The BAFO should be delivered as instructed in writing by the Purchasing Representative. The School Board reserves the right to ask for multiple BAFOs.

VII. ATTACHMENTS

“A” RFP Tentative Schedule of Events “B” Drug Free Workplace Certification Form “C” Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion - Lower Tier

Covered Transactions “D” Conflict of Interest “E” Non-Disclosure Agreement for Confidential Materials

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“F” Certification Statement Prohibition against Contracting with Scrutinized Companies “H” Reference Form “I” Prohibition Against Contingent Fees “J” Vendor Affidavit Regarding the Use of Coercion for Labor and Services “K” Draft Services Agreement (Separate Document)

Exhibits to Draft Services Agreement:

“C” Report of Unsatisfactory Materials and/or Service

GENERAL PURCHASING TERMS AND CONDITIONS

***Please Read Carefully***

These general terms will apply to all purchases by the District as a result of an award hereunder. In the event of a conflict between this section and subsequent sections herein, the provisions of any subsequent sections shall be specific to the goods or services requested and shall have precedence.

The titles used are for convenience only; the Proposer is responsible for understanding and complying with all terms and conditions herein.

1. DEFINITIONS.

A. The School Board of Seminole County Florida may be referred to as the “Board”, “School Board” or “SBSC” herein. The School Board of Seminole County Florida is also known as “Seminole County Public Schools” (SCPS).

B. The term “Proposer” or “Respondent” shall refer to the company, individual, or organization that responded to this solicitation.

C. The term “Contractor” shall refer to any successful awardees hereunder.

2. DISTRICT DEMOGRAPHICS. The School Board of Seminole County Florida (SBSC) has approximately 7,000 employees and over 59,000 students. The District currently operates a total of 78 schools and ancillary facilities.

3. CONTACT / LOBBYING. All questions for additional information regarding this RFP must be directed to the designated Procurement Agent noted on page one. Prospective Proposers, their employees, agents or representatives shall not contact nor lobby any member of the Seminole County School Board, Superintendent, members of the Evaluation Committee, or staff regarding this RFP prior to posting of the final tabulation and award recommendation on the website. Any such contact shall be cause for disqualification and rejection of your proposal.

4. CONFLICT OF INTEREST. Proposer is subject to the provisions of Chapter 112 Florida Statutes. The Proposer must disclose with their response the name of any company owner, officer, director, agent or representative who is also an employee of the School Board or their immediate family which owns any interest of any amount in the Proposer’s company, partnership, or agency.

5. POSTING OF RFP CONDITIONS / SPECIFICATIONS. This RFP will be posted for review by interested parties on the VendorLink website and this link can be located on the District’s website: “https://www.scps.k12.fl.us/district/departments/purchasing/comp-solicitations-contracts/” and will remain posted up to and including the Due Date of this RFP. In accordance with Florida Statutes 120.57(3), with respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. Failure to file a specification protest within the time prescribed in Florida Statutes 120.57(3) will constitute a waiver of proceeding under Chapter 120, Florida Statutes.

https://www.scps.k12.fl.us/district/departments/purchasing/comp-solicitations-contracts/

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6. ADDENDA, CLARIFICATIONS & INTERPRETATIONS.

A. Any questions concerning terms, conditions or specifications will be directed to the designated Procurement Agent referenced on the Proposer’s Acknowledgement. Any ambiguities or inconsistencies shall be brought to the attention of the designated Procurement Agent in writing at least ten (10) workdays prior to the due date of the RFP.

Failure to do so, on the part of the Proposer will constitute an acceptance by the Proposer of any consequent decision.

B. An addendum to the RFP shall be issued and posted for those interpretations that may affect the eventual outcome of this RFP. It is the Proposer’s responsibility to assure the receipt of all addendum issued. No person is authorized to give oral interpretations of, or make oral changes to the RFP. Therefore oral statements given before the RFP due date will not be binding. The School Board will consider no interpretations binding unless provided for by issuance of an addendum. Addenda will be posted to VendorLink, the School Board’s third party notification service, and this link is accessible on the Purchasing and Distribution Services’ website at “https://www.scps.k12.fl.us/district/departments/purchasing/comp-solicitations-contracts/” at least five workdays prior to the due date. The Proposer shall acknowledge receipt of all addenda by signing and enclosing said addenda with their proposal.

C. The School Board reserves the right to allow for clarification of questionable entries, and for the Proposer to withdraw items with obvious mistakes.

7. RFP OPENING AND FORM. RFP openings will be public on the date and time specified on the Proposer’s Acknowledgment form. All RFPs received after the time indicated will be rejected as non-responsive and returned unopened to sender. It is the Proposer’s sole responsibility to ensure their RFPs are received timely; SBSC is not responsible for late or missed delivery by third party delivery services. RFPs by Email, fax, telegram, or verbally by telephone or in person will not be accepted. The public opening will acknowledge receipt of the RFPs only, details concerning pricing or the offering will not be announced.

8. SOLICITATION DOCUMENTATION & PUBLIC RECORDS. Meetings involving Oral Presentations by Proposers or negotiations are closed to the Public. Responses to this solicitation, and recordings of oral presentations or negotiations shall become “public records” upon award recommendation or thirty (30) days after the solicitation due date, whichever is earlier and shall be subject to public disclosure consistent with Chapter 119 Florida Statutes.

Proposers must invoke the exemptions to disclosure provided by law in response to this solicitation, and must identify the data and other material to be protected, and must state the reasons why such exclusion from public disclosure is necessary.

9. SOLICITATION CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL.

A. Public Record. All responses received in response to this solicitation shall be considered a public record pursuant to Chapter 119 Florida Statutes.

B. Redacted Copies. The Proposer must clearly identify any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119 Florida Statutes, the Florida Constitution or other authority. The Proposer must also simultaneously provide the School Board with a separate redacted hard copy and electronic copy of its response.

1) The redacted copies shall contain the School Board’s solicitation name, number, and the name of Proposer on the cover, and shall be clearly titled “Redacted Copy.” The Redacted Copies shall be provided to the School Board at the same time Proposer submits its response to the solicitation and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret.

2) Proposer shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure. Further, Proposer shall protect, defend and indemnify the School Board for any and all claims from or relating to Proposers determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure.

https://www.scps.k12.fl.us/district/departments/purchasing/comp-solicitations-contracts/

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3) If the Proposer fails to submit Redacted Copies with its response, the Department is authorized to produce the entire documents, data or records submitted by Proposer in response to a public records request for these records.

C. Public Meetings/Evaluations. All evaluations of solicitations are subject to discussion at public meetings. If during the course of the evaluation, pertinent facts cannot be disclosed or discussed in a public forum due to the Proposer’s designating such materials as confidential, the Proposer’s bid may be deemed non-responsive and rejected from further consideration of award and any rights to protest is thereby waived.

10. RFP TABULATIONS, RECOMMENDATIONS, AND PROTEST. RFP Tabulations with award recommendations are posted to VendorLink, the School Board’s third party notification service, and this link is accessible on the Purchasing and Distribution Services’ website at:

https://www.scps.k12.fl.us/district/departments/purchasing/comp-solicitations-contracts/ .

Failure to file a written protest within 72 hours of the posting prescribed in Section 120.57(3) Florida Statutes will constitute a waiver of proceedings under Chapter 120, Florida Statutes and School Board Rules. RFP tabulations or recommendations are available through the District’s website and notices will not be mailed. School Board Policy #6326 – Bid Protests may be found online at https://www.scps.k12.fl.us/district/school-board/policies-procedures/.

11. RFP PREPARATION COSTS. Neither the School Board nor its representatives shall be liable for any expenses incurred in connection with the preparation of a response to this RFP.

12. PRICING / TAXES. All pricing shall be based on FOB Seminole County Florida and will include all packaging, handling, shipping charges, and delivery to any point within Seminole County Florida to a secure area or inside delivery. The School Board is exempt and does not pay Federal Excise and State of Florida sales taxes.

13. TERMS OF PAYMENT / INVOICING. The normal terms of payment will be Net 30 Days from receipt and acceptance of goods or services and Contractor’s invoice. Itemized invoices bearing the Purchase Order Number must be mailed on the day of shipment. Invoicing subject to cash discounts will be mailed on the day that they are dated.

14. WARRANTY. All goods and services furnished by the Contractor, relating to and pursuant to this RFP will be warranted to be free of defects, meet or exceed the Specifications contained herein, and fit for the intended use. In the event of breach, the Contractor will take all necessary action, at Contractor s expense, to correct such breach in the most expeditious manner possible.

15. INDEMNIFICATION. The Contractor agrees to indemnify and save harmless the School Board, its officers, agents and employees from and against any and all claims and liabilities (including expenses) for injury or death of persons or damage to any property which may result, in whole or in part, from any act or omission on the part of the Contractor, its agents, employees, or representatives, or are arising from any Contractor furnished goods or services, except to the extent that such damage is directly and solely due to the negligence of the School Board.

16. SOVEREIGN IMMUNITIY / LIMITED LIABILITY. Notwithstanding any provision herein or attached hereto, nothing shall be construed as a waiver of SBSC’s rights and sovereign immunities under Florida Statutes. SBSC damages shall be limited in accordance and to the extent allowed by §768.28 Florida Statute.

17. LAWS AND REGULATIONS. Contractors will comply with all applicable Federal, State and Local laws, statutes and ordinances including, but not limited to the rules, regulations and standards of the Occupational Safety and Health Act of 1970, the Federal Contract Work Hours and Safety Standards Act, and the rules and regulations promulgated under these Acts.

Contractors agree not to discriminate against any employee or applicant for employment because of race, sex, religion, color, age or national origin. Lack of knowledge of applicable https://www.scps.k12.fl.us/district/departments/purchasing/comp-solicitations-contracts/ https://www.scps.k12.fl.us/district/school-board/policies-procedures/ https://www.scps.k12.fl.us/district/school-board/policies-procedures/

25260035P-AZ E-Rate Consulting Services Page 12 of 35 laws, statutes and ordinances by the Proposer shall not constitute a cognizable defense against actual or potential damages caused thereby.

18. GOVERNING LAW & VENUE. All agreements as a result of an award hereto and all extensions and modifications thereto and all questions relating to its validity, interpretation, performance or enforcement shall be governed and construed in conformance to the laws of the State of Florida. In the event of a legal proceeding, the venue for state court shall be in Seminole County Florida or for federal court be United States District Court, Middle District of Florida, Orlando Division.

19. CONTRACTOR’S EMPLOYEE BACKGROUND CHECK. All service provider employees that require access to school campuses must be cleared by SBSC or an appropriate agency and wear a current and appropriate picture identification badge. Contractors hereunder shall comply with the required background check of employees and with any requirements regarding wearing of PPE equipment as may be applicable and failure to comply shall be considered a material breach of contract.

A. Clearance by SBSC: Contractor will comply with the requirements of the Jessica

Lunsford Act §1012.465 Florida Statute in regards to fingerprinting and level 2 background screenings of all applicable employees and any subcontractor employees.

Refer to “Steps to Become A Vendor” at:

https://www.scps.k12.fl.us/district/departments/purchasing/ for SBSC for Background Check Requirements

B. Clearance by Others: Pursuant to §1012.468 Florida Statute, Contractor employee have been cleared by another agency and must already possess a uniform statewide identification badge issued by the agency.

20. CONTRACTOR’S PUBLIC RECORDS. Pursuant to §119.0701 Florida Statutes, “Contractors” as defined by statute that enter into a contract for services with the School Board and is acting on behalf of the School Board is required to comply with public records laws and to specifically:

A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service.

B. Provide the public with access to public records on the same terms and conditions that the School Board would provide the records and at a cost that does not exceed the cost provided by statute or as otherwise provided by law.

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.

D. Meet all requirements for retaining public records and transfer, at no cost, to the School Board all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the School Board in a format that is compatible with the information technology systems of the School Board.

E. If a contractor does not comply with a public records request, the School Board shall enforce the contract provisions which may include immediate termination of contract.

F. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING

TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC

RECORDS, CAROLYN BEDSOLE, IS PROJECT MANAGER AT 407-

320-0466, carolyn_bedsole@scps.k12.fl.us, THE SCHOOL BOARD

OF SEMINOLE COUNTY, FLORIDA, 400 EAST LAKE MARY

BOULEVARD, SANFORD, FLORIDA 32773.

21. PATENTS, COPYRIGHTS & ROYALTIES. Contractors agree to indemnify and save harmless the School Board, its officers, employees, agents, or representatives from liability of any nature or kind, including cost and expenses for or on account of copyrighted, patented or un-patented https://www.scps.k12.fl.us/district/departments/purchasing/ mailto:carolyn_bedsole@scps.k12.fl.us

25260035P-AZ E-Rate Consulting Services Page 13 of 35 invention, process or article of manufactured or used in the performance of the contract award hereunder. If the Contractor uses any software design, device or materials covered by royalties or cost arising from the use of such design, device or material in any way involved in the product or services shall be included in the price proposal of the Contractor.

22. PERMITS/LICENSES/FEES. Any permits, licenses, or fees required will be the responsibility of the successful Contractor; no separate or additional payment will be made. A copy of these licenses and permits shall be submitted to the Procurement Agent prior to commencement of work. If the service(s) being provided requires that individuals or organizations be licensed by the Florida Department of Business and Professional Regulation or any other state or federal agency, such license(s) should be obtained by the RFP due date and time. For state licensing, contact the Florida Department of Business and Professional Regulation, Tallahassee, FL 32399-0797, Phone 850.487.9501.

23. TERMINATION.

A. DEFAULT. The School Board may terminate all or any part of a subsequent award by giving notice of default to Contractor, if Contractor: refuses or fails to deliver the goods or services within the time specified; fails to comply with any of the provisions of this RFP, or so fails to make progress as to endanger performances, hereunder, or;

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

B. CONVENIENCE. The School Board may terminate for its convenience at any time, in whole or in part any subsequent award. In which event of termination for convenience, the School Board’s sole obligations will be to reimburse Contractor for:

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

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

3) The School Board is not responsible for loss of anticipated profit. Any reimbursements made by the School Board shall not exceed the RFP value.

C. FUNDING. Contracts awarded hereunder are subject to the appropriation and availability of funds as approved by the School Board of Seminole County Florida. In the event funding for the specific purpose of this solicitation is not funded or such funds are insufficient, the contract may be terminated immediately without penalty.

24. STOP WORK ORDER. The School Board may at any time by written notice to the Contractor stop all or any part of the work for this RFP award. Upon receiving such notice, the Contractor will take all reasonable steps to minimize additional costs during the period of work stoppage.

The School Board may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the price, or terminate the work in accordance with the provisions of the RFP terms and conditions.

25. PERFORMANCE. In an effort to reduce the cost of doing business with the School Board, and unless indicated elsewhere a bid or performance bond may not be required. However, upon award and subsequent default by Contractor, the School Board reserves the right to pursue any or all of the following remedies:

A. To accept the next lowest available RFP price or to purchase materials or services on the open market, and to charge the original award the difference in cost via a deduction to any outstanding or future obligations;

B. The Contractor in default will be barred for consideration of future RFP awards for a period of time determined by the severity of the default, but not exceeding three (3) years.

C. Any other remedy available to the School Board in tort or law.

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26. DAMAGES RECOVERY. The Proposer agrees to the use of Damages Recovery in the event Proposer fails to perform in accordance with the provisions herein. On the occasion where the Proposer has been found to be in default of contract, or any material provision thereof, or fails to remedy any deficiency in performance, School Board may procure the necessary supplies or services from an alternative source and hold the Proposer financially responsible for any excess costs incurred. The difference between the Bid price of the product or service and the actual price paid may be deducted from any current or future obligations owed to the Proposer.

In addition, default will result in termination of contract and a prohibition against future business with School Board for a term of not less than three years. Nothing in this paragraph shall be deemed to limit the available damages that may be recovered by School Board as a result of Proposer’s failure to perform.

27. FORCE MAJEURE. Neither party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of either party, and which cannot be overcome by reasonable diligence and without unusual…