25260099RFQu-AZ_Rock_Lake_A-E_RFQu.pdf

REQUEST FOR STATEMENT OF QUALIFICATIONS (RFQu) & PROPOSAL ACKNOWLEDGEMENT

RFQu TITLE: ARCHITECT & ENGINEER FOR ROCK LAKE MIDDLE SCHOOL RENOVATION NUMBER: 25260099RFQu-AZ POSTING DATE: May 15, 2026

Voluntary Pre-Proposal Conference: Wednesday, June 3, 2026, at 10:00 AM EST Webex (dial in number) 1-415-655-0003 Meeting number (access code): 2304 236 7562 Meeting password: daNHKdvG534

PROPOSAL DUE DATE & TIME: Wednesday, June 15, 2026, before 1:00 PM EST Webex (dial in number) 1-415-655-0003 Meeting number (access code): 2310 812 7245 Meeting password: xQ7FMXFUX45

NOTE: PROPOSALS RECEIVED AFTER THE DUE DATE AND TIME WILL NOT BE ACCEPTED

PURCHASING CONTACT: Amanda Zarko, Senior Procurement Agent, Email: zarkoaz@scps.k12.fl.us; Phone: 407-320-0237

The School Board of Seminole County, Florida, solicits your company to submit a statement of qualifications on the above referenced goods or services. All terms, specifications and conditions set forth in this solicitation are incorporated by this reference into your response. A Proposal will not be accepted unless all conditions have been met. All Proposals must have an authorized signature in the space provided below. All Proposals must be received in the Vendorlink portal, www.myvendorlink.com, by the “Proposal Due Date & Time” referenced above. The School Board is not responsible for bidders’ failure to upload their proposal by the due date and time. Proposals may not be withdrawn for a period of ninety

(90) days after the RFQu due date unless otherwise specified.

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

RESPONDENT.

COMPANY NAME: _________________________________________________________________________________________________________

MAILING ADDRESS: _______________________________________________________________________________________________________

CITY, STATE, ZIP: _________________________________________________________________________________________________________

FEDERAL EMPLOYER’S IDENTIFICATION NUMBER (FEIN): ______________________________________________________________________

TELEPHONE NUMBER: _______________________________________ EMAIL: ____________________________________________________

I CERTIFY THAT THIS PROPOSAL/SUBMITTAL IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR CONNECTION WITH ANY OTHER RESPONDENT SUBMITTING A PROPOSAL/SUBMITTAL 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 RFQu AND CERTIFY THAT I AM AUTHORIZED TO SIGN THIS RFQu FOR THE RESPONDENT.

TYPED OR

AUTHORIZED SIGNATURE: ___________________________________ PRINTED NAME: _____________________________________________

TITLE: ____________________________________________________ DATE: ______________________________________________________

(Rev. 8/2022)

THE SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA

PURCHASING AND DISTRIBUTION SERVICES DEPARTMENT

400 East Lake Mary Boulevard Sanford, Florida 32773-7127 http://www.myvendorlink.com/

1.0 PURPOSE & OVERVIEW

The School Board of Seminole County is issuing this Request for Statement of Qualifications (RFQu) with the intent to select an Architectural/Engineering team to provide a full design and construction administration services at Rock Lake Middle School pursuant to Chapter 1013, Florida Statutes; the Florida Consultant’s Competitive Negotiation Act, Section 287.055 Florida Statutes;

State Requirements for Educational Facilities; Rule 6A-2.0010, Florida Administrative Code and School Board Policy.

2.0 SCOPE OF SERVICES

Seminole County Public Schools (SCPS) is seeking an architectural/engineering firm to provide design and construction administration services at Rock Lake Middle School for the scope within the construction BUDGET TO BE DETERMINED. Included with the architectural/engineering services will be the predesign effort to work with the Owner and Construction Manager at Risk while prioritizing the scope of work based on cost and phasing strategy

Renovation of approximately 136,671 SF to include upgrades to ceilings, lighting, interior finishes, and casework. Construction of an additional 4,000 SF to accommodate cafeteria expansion and the relocation of administrative offices, the media center, and CCTV operations. Remodeling group restrooms and ESE classrooms to improve functionality and usability. Integration of biophilic design strategies within interior classrooms that lack access to natural daylight. Replace Central Energy Plant and Fire Alarm. Final scope, phasing, and funding will be coordinated with all stakeholders once the A/E and CM are on board.

3.0 SPECIAL TERMS & CONDITIONS

The School Board’s goal is to promote partnership relationships within the policies and procedures of public procurement. Pursuant toward that end, the successful respondent shall be awarded a contract for the Architecture/Engineering for the Rock Lake Middle School Renovation Project.

VOLUNTARY PRE-PROPOSAL CONFERENCE A voluntary pre-proposal conference will be held via Webex for all interested Proposers in accordance with the date, time, and location on page 1 of this RFQu. An overview of the solicitation process and review of scope of services will be conducted.

SUBMITTAL REQUIREMENTS Proposals must be in PDF format and received in VendorLink, www.myvendorlink.com, no later than Wednesday, June 10, 2026 at 1:00 PM EST. Proposals received after this time will not be accepted. The timestamp located on the Vendorlink site shall serve as the official record of the timeliness of the submission. It is the firm’s sole responsibility to ensure its proposal is complete and in submitted status on or before the due date and time. The School Board shall not be held responsible for late submissions. Proposals submitted by any method other than Vendorlink will not be accepted.

4.0 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 RFQu 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.

SCORING THE SUBMITTALS

A. The Evaluation Committee may consist of a member of the School Board (non-voting), a Business Advisory Board Member (BAB), Assistant Director of Facilities Planning, Assistant Director of Facilities Maintenance, Principal of Rock Lake Middle School, a SCPS Facilities Department Project Manager, a SCPS Facilities Department Project Coordinator, Manager of Technology Integration, and a RAD team member. The Purchasing Department will facilitate the process and be the point of contact for all issues. No attempt should be made by the 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 0 is the least favorable and a score of 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.

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.

5.0 QUALIFICATION PACKAGE GUIDELINES / 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.

To the greatest extent possible, each section shall be written on a stand-alone basis so that its contents may be evaluated with a minimum of cross-reference to other sections of the qualifications package. Information required for evaluation of qualifications, which is not found in its designated section, will be assumed to have been omitted from the qualifications package.

Each section shall contain a glossary of all abbreviations and acronyms used, with an explanation for each. If no abbreviations and/or acronyms are used, then a glossary is not required.

Legible tables, charts, graphs, and figures shall be used wherever practical to depict organizations, systems and layouts, implementation schedules, plans, etc. These displays shall be uncomplicated and legible.

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

RFQu Submittal Letter signed by an authorized agent of the business/corporation with proof of authorization from the business. A brief profile of the firm, including:

A. Brief history of the business B. Organizational structure of the business C. Ownership interests D. Present status and projected direction of the business

Tab 2 Business Structure (Weighted Value 10)

Documentation from the appropriate state’s agency confirming the firm’s legal entity type (i.e., sole proprietorship, partnership, limited liability partnership, corporation, Limited Liability Corporation, etc.). For non-Florida businesses submit documentation from the state in which the business was formed and documentation from the State of Florida providing authorization to perform business in the state of Florida. Respondents submitting as joint ventures shall submit a copy of their joint venture agreement. If a joint venture or prime/subcontractor arrangement of two Firms, indicate how the work will be distributed between the partners.

Time in Business - Length of time the Firm has been in business under the same name.

Capabilities - Size, resources, and capabilities of responding entity:

A. Location of principal offices which will be responsible for the implementation of this contract B. Location of other offices from which resources may be drawn C. Organizational structure of business entity for this program (partners, associates, consultants, sub-contractors, other participation).

D. Indicate the depth of staff and capabilities from within the organization which can be drawn upon as needed, including management, professional technical, and support staff.

Licenses and Certificates – Attach a copy of the Firm’s license and a copy of the business registration. Respondent shall be properly registered to practice in the State of Florida with the appropriate state board governing the services offered. The Evaluation Committee may verify the current status with the appropriate state board.

Note: Charitable organizations that qualify under Florida Statutes No. 205.192 are exempt from this requirement.

Tab 3 Experience and Past Performance (Weighted Value 45)

Respondents may submit any information they deem appropriate for evaluation of past performance with other related service contracts, which have/had scope similar to the services detailed in the Scope of Services section of this RFQ.

List no more than ten (10) projects in which your firm has provided/is providing Architectural/Engineering Services in the past five (5) years which are most related to this contract (K-12 public schools capital improvement construction experience). In determining which projects are more related, consider related size and complexity; how many members of the proposed team worked on the listed project; and how recently the project was completed. List the projects in priority order, with the most related project listed first. For each of the listed projects, provide the following information:

Identify:

A. Name and location of the school

1. The nature of the firm’s responsibilities/work activities

2. Owner’s representative name, address, and phone number

3. The name and telephone number of the project architect

4. Date completed

5. Size of the program (number and type of facilities).

6. Cost of program (original Guaranteed Maximum Price and final construction cost). Indicate construction cost per gross square feet ($/SF).

7. Schedule Adherence

8. Identify governing authorities over the project and outline staff experiences with said agencies. Place special emphasis on experience with the Florida Department of Education or other school district authorities.

The committee requires that the firm’s direct project experience be differentiated from individual staff experience. Therefore, if you choose to identify individuals’ project experience (gained at other firms), this section should be clearly subdivided as follows:

1. Firm’s Project Experience

2. Individuals’ Project Experience (while employed by other firms)

B. Litigation

1. Identify all litigation in which your Firm has been a party to legal action (including arbitration, administrative proceedings, etc.) or lawsuits during the last five (5) years for claims in excess of $100,000.00. Include a brief description of the dispute and its current status. Where the action or lawsuit involved a guaranteed maximum price contract, please describe the particular circumstances giving rise to the dispute and the actions which your Firm took to attempt to settle the matter prior to and after the suit was filed.

2. Describe in detail any projects within the last three years where liquidated damages, penalties, liens, defaults, cancellations of contract, or termination of the contract were imposed, sought to be imposed, threatened, or filed against your organization.

Tab 4 Methodology (Weighted Value 35)

For two of the projects listed in Tab 3:

A. Describe the methods of cost control utilized and the resulting benefits.

B. Describe the way in which your firm developed and maintained project schedules.

How did you develop schedules and how often are they updated? Include specific examples of scheduling challenges, and how your firm helped solve them.

C. Describe the types of records, reports, monitoring systems, and information management systems that your firm used in the management of those projects.

Provide examples of each report used.

D. Describe the way your firm maintained quality control during the pre-construction, design, and construction phases. Provide specific examples of how these techniques were used.

Tab 5 References (Weighted Value 5)

Provide a minimum of three (3) references and three (3) letters from owner representatives for projects that the Firm has provided and/or is providing professional services, which are similar in scope to this RFQu. References shall be current, dated within two (2) years of this solicitation, and shall be submitted with your proposal. Respondent must utilize the Reference Form attached to this solicitation as Attachment “I”.

SBSC employees ARE NOT PERMITTED to provide references.

Tab 6 Workload (Weighted Value 5)

Provide a list of outstanding (active) projects, client names, status of completion, anticipated completion dates, dollars committed to open projects, and overall workload with all Owners including the School Board of Seminole County.

Tab 7 Confidential Materials

If a Firm considers any portion of the documents, data, or records submitted in response to this RFQ to be a confidential, trade secret, or otherwise not subject to disclosure pursuant to Chapter 119 Florida Statutes, the Florida Constitution or other authority, the Firm must also simultaneously provide the SCPS with a separate redacted copy of its response and a signed copy of the Attachment F, Non-Disclosure Agreement.

The redacted copy shall be titled “Redacted Copy.” The Firms must also include next to each redaction the statutory basis for the exemption. The Redacted Copy shall be provided to SCPS at the same time the Firms submits its response to the RFQu and may only exclude those exact portions which are claimed confidential, proprietary, or trade secret. The Firm shall be responsible for defending its determination that the redacted portions of its response are a confidential, trade secret, or otherwise not subject to disclosure. Further, the Firms shall protect, defend and indemnify SCPS for any claims from or relating to the Firm’s determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure.

If the Firm fails to submit a Redacted Copy with its response, SCPS is authorized to produce the entire documents, data, or records submitted by the Firm to the evaluation committee and in response to a public records request for these records.

The unredacted contents of your proposal will be provided to the evaluation committee to complete their evaluation prior to the shortlist meeting. If firms object to the evaluation committee receiving their complete proposal prior to the shortlist meeting, you must communicate this to the purchasing department at the time of submission.

If Firm is not submitting any confidential information, this Tab would be omitted.

Tab 8 Financial Statement and Performance and Payment Bond Requirement –

(Pass/Fail)

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.

The following documentation is required to be submitted with your response to this solicitation, or your response will be disqualified.

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: Surety Bond commitment letter in the amount stated below.

The surety bond commitment letter must:

a. Be written by a Surety that (1) holds a certificate of authority authorizing it to write surety bonds in Florida and (2) has a minimum A.M. Best’s Rating of “A-” (or industry equivalent).

b. Be on Surety’s letterhead.

c. State that the Surety will provide a Surety Bond (Performance Bond and/or Payment Bond (see item (d) below) in the amount of $15,000,000 for the Respondent.

d. If subcontractors are used to fulfilling any portion of the final contract, then the commitment letter should include both a Performance Bond and a Payment Bond.

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: Required Surety value may be increased or decreased during contract term if the contract value changes. The School Board shall determine the actual amounts of the performance and/or payment bonds, based upon the final specifications agreed in the award. Surety will be required to provide Surety Bond through a licensed Florida Agent within ten days following the Board’s approval of the final agreement. Prior to the Performance and Payment Bonds being delivered to the Board, the bonds shall be recorded by the awarded Respondent, in the public records of Seminole County, Florida and the bonds delivered to the Board shall indicate such recording has been executed. Performance and Payment Bond Assurances are required by Section 255.05, Florida Statutes for all construction projects with a contract value greater than $200,000 and may be required for construction projects with a contract value of $200,000 or less.

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.

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 SBSC’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.

Tab 9 Insurance Coverage Documentation and other Required Forms (Non-Scored)

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.

Certificate of Insurance Liability (COI) Signed RFQu & Proposal Acknowledgement (Page 1)

Signed Addenda Acknowledgement(s) (if applicable) Attachment “B” Drug Free Workplace Attachment “C” Certification Regarding Debarment, Suspension Ineligibility and

Voluntary Exclusion - Lower Tier Covered Transactions Attachment “D” Conflict of Interest Attachment “E” Prohibition Against Contingent Fees Attachment “G” Certification Statement - Prohibition against Contracting with Scrutinized

Companies Attachment “H” Vendor Affidavit Regarding the Use of Coercion for Labor and Services

Tab 10 Exceptions to Draft Contract (Non-Scored)

All exceptions to the attached draft contract must be included in this section. If exceptions to the contract are not included in the submittal, it will be the School District’s understanding that your firm will accept the contract as presented in this RFQu.

6.0 ORAL PRESENTATIONS OR INFORMAL INTERVIEWS - GUIDELINE EVALUATION CRITERIA

FOR SHORT-LISTED FIRMS:

After an evaluation of the written proposals, the evaluation committee will conduct oral presentations or informal interviews with Short-Listed firms. The Short-Listed firm will be contacted for the presentation or interview, which may occur on the date listed in Attachment “A”.

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:

1. Any portion of a meeting at which a negotiation with a firm is conducted pursuant to a competitive solicitation, at which a firm makes an oral presentation as part of a competitive solicitation, or at which a firm answers questions as part of a competitive solicitation is 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.

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 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.

The Short-Listed firms will be provided with the requirements for oral presentations/interviews and the scoring criteria that will be applied.

ATTACHMENTS

“A” RFQu Tentative Schedule of Events “B” Drug Free Workplace “C” Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion

Lower Tier Covered Transactions “D” Conflict of Interest “E” Prohibition Against Contingent Fees “F” Non-Disclosure Agreement for Confidential Materials “G” Certification Statement - Prohibition against Contracting with Scrutinized Companies “H” Vendor Affidavit Regarding the Use of Coercion for Labor and Services “I” Reference Form “J” Sample Draft of an SCPS Service Agreement (Separate Document)

Exhibit “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 RFQu 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 RFQU 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 RFQu CONDITIONS / SPECIFICATIONS. This RFQU 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 RFQU. 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.

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 RFQU. 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 RFQU shall be issued and posted for those interpretations that may affect the eventual outcome of this RFQU. 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 RFQU. Therefore oral statements given before the RFQU 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. RFQu OPENING AND FORM. RFQu openings will be public on the date and time specified on the Proposer’s Acknowledgment form. All RFQus 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 RFQus are received timely; SBSC is not responsible for late or missed delivery by third party delivery services. RFQUs by Email, fax, telegram, or verbally by telephone or in person will not be accepted. The public opening will acknowledge receipt of the RFQUs 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.

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

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.

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. RFQU TABULATIONS, RECOMMENDATIONS, AND PROTEST. RFQU 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. RFQU 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. RFQU 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 RFQU.

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 RFQU will be warranted to be free of defects, meet or exceed the Specifications contained 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/ 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 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.

https://www.scps.k12.fl.us/district/departments/purchasing/

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 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 RFQU 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 RFQU, 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.

mailto:carolyn_bedsole@scps.k12.fl.us

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 RFQU 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 RFQU 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 RFQU 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 RFQU 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 RFQU 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.

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 expense (“Force Majeure”). In no event shall a lack of funds on the part of either party be deemed Force Majeure.

28. PAYMENT ASSIGNMENT. Any purchase order or contract issued pursuant to an award hereunder, and the monies that may become due are not assignable except with the prior written approval of the School Board, through the Purchasing and Distribution Services Department.

29. AUDIT AND INSPECTION. The School Board or its representative reserves the right to inspect and/or audit all the Contractor's documents and records as they pertain to the products and services delivered under this agreement. Such rights will be exercised with notice to the Contractor to determine compliance with and performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this agreement.

Documents / records in any form shall be open to the Board's representative and may include but are not limited to all correspondence, ordering, payment, inspection, and receiving records, contracts or sub-contracts that directly or indirectly pertain to the transactions between the Board and the Contractor.

30. PUBLIC ENTITY CRIMES. A Proposer, person, or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a RFQU on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit RFQUs on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the dollar threshold amount provided in Florida Statute Section 287.017, for CATEGORY TWO, for a period of 36 months from the date of being placed on the convicted vendor list.

31. OTHER AGENCIES. All respondents awarded contracts from this solicitation may, upon mutual agreement with the awarded respondent(s), permit any school board, community college, state university, municipality or other governmental entity, to include Public Charter Schools to participate in the contract under the same prices, terms and conditions.