26031-ITB-MST_Infrastructure_Communications_Failure_Systems.pdf

Connect with Us • HillsboroughSchools.org • P.O. Box 3408 • Tampa, FL 33601-3408 • (813) 272-4000 Raymond O. Shelton School Administrative Center • 901 East Kennedy Blvd. • Tampa, FL 33602-3507

PROCUREMENT SERVICES DEPARTMENT

INVITATION TO BID (ITB) FOR TRADES

26031-ITB-MST INFRASTRUCTURE COMMUNICATIONS FAILURE SYSTEMS

January 22, 2026

Due Date (Technical Questions):

Thursday, February 5, 2026, at 5:00 PM EST Technical questions will not be accepted after this date and time. All technical questions should be submitted via www.myvendorlink.com (VendorLink). Any questions submitted by any other means may not receive a response. All technical questions and the corresponding answers will be posted on VendorLink. There is no due date for non-technical questions and may be submitted to the Procurement Officer. It is solely the Bidder's responsibility to assure that all addenda have been reviewed and, if need be, signed and returned.

Due Date (Solicitation): Thursday, February 19, 2026, at 5:00 PM EST

Vendor Portal (www.myvendorlink.com):

All Bids must be submitted electronically solely via HCPS’ vendor portal (VendorLink) regardless of how the proposer was notified of this competitive solicitation. All Bidders must be registered with VendorLink www.myvendorlink.com to submit the Bid.

VendorLink Technical Support:

The Bidder should allow adequate time to upload their Bid to VendorLink and are solely responsible for contacting VendorLink’s technical support at support@eVendorLink.com should technical difficulties arise during the submission of the Bid. HCPS shall not be responsible for nor accept any late Bids due to the provision of late submittals.

Statutory Notice: Failure to file a protest within the time prescribed in § 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Any protest must be timely filed with the General Manager of Procurement Services via email at corey.murphy@hcps.net.

Lobbying, Cone of Silence: Board policy 6320, Procurement https://web.hillsboroughschools.org/policymanual/ prohibits any communication regarding an active solicitation between any HCPS employee or Board member and any third party, representative, or lobbyist of that party, in effect from the time of the release of the solicitation until an agreement is signed by HCPS or awarded by The School Board of Hillsborough County, Florida.

Background: Replacing bid 21031-MST-VT http://www.myvendorlink.com/ http://www.myvendorlink.com/ mailto:support@eVendorLink.com https://web.hillsboroughschools.org/policymanual/

Hillsborough County Public Schools Page 2 of 57 Invitation to Bid (Trades): 26031-ITB-MST Infrastructure Communications Failure Systems

1 BIDDER INSTRUCTIONS

2 GENERAL TERMS AND CONDITIONS

3 SPECIFIC REQUIREMENTS/SCOPE OF WORK

4 BID RESPONSE FORM/PRICE SHEET

5 SMALL BUSINESS ENCOURAGEMENT (SBE) PROGRAM

6 APPENDIX A: INSURANCE & INDEMNIFICATION REQUIREMENTS

7 APPENDIX B: HCPS CONTRACTED SERVICES DAILY VERIFICATION LOG (CSDVL)

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1 BIDDER INSTRUCTIONS

1.1 HCPS BACKGROUND

Hillsborough County Public Schools, Florida (“HCPS” or the “District”) is a political subdivision organized under Section 4, Article IX, of the State Constitution and Florida Statutes. HCPS, which is coterminous with Hillsborough County, is the nation’s seventh-largest school system. HCPS presently has 235 PreK-12 schools, specialty centers, and technical colleges with approximately 225,000 students and approximately 24,000 employees. Management of HCPS is independent of metropolitan and city governments. The School Board of Hillsborough County, Florida (the “Board”), a public corporation existing under the Laws of the State of Florida, is the policy-making body of HCPS. The Board consists of seven members elected by geographic area. Among other duties, the Board has broad financial responsibilities, including the approval of the annual budget, which for the 2019/2020 fiscal year is approximately $3 billion. The Chief Executive Officer is the Superintendent of Schools, Mr.

Van Ayres, appointed by the Board, who is responsible for all financial transactions and records of HCPS.

1.1.1 Vision. Preparing Students for Life.

1.1.2 Mission. To provide an education and the support that enable each student to excel as a successful and responsible citizen.

1.2 DEFINITIONS

Whenever the following terms are used, its intent and meaning shall be as follows:

• Addendum or Addenda. The “addendum” or “addenda” posted via www.myvendorlink.com shall include all written or graphic instruments, issued before the proposal’s due date, that modify or interpret the issued solicitation by additions, deletions, corrections, or clarifications.

• Bid. The response submitted by a Bidder to an Invitation to Bid (ITB).

• Bidder. The “Bidder” shall include those vendors submitting a Bid to this solicitation.

• Invitation to Bid or Solicitation. Per Rule 6A-1.012(b), F.A.C., the terms “Invitation to Bid” or “solicitation” shall be defined as a written solicitation for competitive sealed bids. The Invitation to Bid (ITB) is used when the Board is capable of specifically defining the scope of work for which a contractual service is required or when the Board is capable of establishing precise specifications defining the actual commodity or group of commodities required. A written solicitation includes a solicitation that is publicly posted.

• Contract. The terms “agreement,” “award,” or “contract” shall include this solicitation, all related addenda, answers to questions via www.myvendorlink.com, the Bid, negotiations in writing), mutually agreed amendments, and subsequent renewals covering the provision of the commodities and contractual services herein.

• Contractor. The “Contractor” shall refer to any type of business entity awarded by The School Board of Hillsborough County, Florida, or contracted with HCPS in accordance with a Bid submitted by an organization in reply to this solicitation. In acceptance of responses to invitations to bid, HCPS may accept the Bid of the lowest responsive, responsible Bidder. In the alternative, HCPS may also choose to award contracts to the lowest responsive, responsible Bidder as the primary awardee of a contract and to the next lowest responsive, responsible Bidder(s) as alternate awardees from whom commodities or contractual services would be purchased should the primary awardee become unable to provide all of the commodities or contractual services required by HCPS during the term of the contract. Nothing herein is meant to prevent multiple awards to the lowest responsive and responsible bidders when such multiple awards are clearly stated in the bid solicitation documents.

• Default. The omission or failure to fulfill a duty, observe a promise, discharge an obligation, or perform as agreed.

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• Florida Statutes. The Florida Statutes are the codified, statutory laws of Florida.

• Procurement Officer. HCPS’ contracting personnel, as identified in the cover sheet of all solicitations.

• Renewal. A renewal allows for continued contracting with the same Contractor for an additional period after the initial term of the contract, only according to contract terms specifically providing for such renewal.

• Small Business Enterprise (Woman/Minority/Service-Disabled Veteran Owned Business) (SBE). An HCPS Office of Supplier Development certified small, woman, minority, disabled veteran-owned small business enterprise.

• Subcontractor. Any person or business entity employed to perform part of a contractual obligation under the control of the principal or prime contractor.

• Superintendent. The term “superintendent” shall mean HCPS’ “superintendent or designee.” For this solicitation, the General Manager of Procurement Services will serve as the designee.

• Vendor. The term “vendor” shall apply to any business entity or organization that sells goods and services to achieve certain commercial goals.

• VendorLink (www.myvendorlink.com). The electronic bidding system to solicit and receive solicitation responses for HCPS. Contact the Vendor Registration Helpdesk via email at support@evendorlink.com for answers to registration questions.

1.3 VENDORLINK (WWW.MYVENDORLINK.COM)

1.3.1 Vendor Portal. VendorLink (www.myVendorLink.com), HCPS’ primary vendor/supplier portal, is a web-based, vendor self-service solution that allows HCPS to collaborate with vendors in a secure, online environment 24×7. HCPS requires all Bidders to have a current vendor application on file with www.myVendorLink.com. HCPS may rescind an award for failure to comply with this condition. Potential HCPS contractors must register to receive electronic email notification(s) of upcoming solicitations and addenda as they become available. When a solicitation matching those selections becomes available, the VendorLink system automatically sends an email notification to the email address provided during the registration process. The email notification contains the link and information necessary for the solicitation for download from any computer. Bidders may view solicitations by selecting the Bid Solicitations link: www.myVendorLink.com/common/searchsolicitations.aspx. To receive automatic notifications, VendorLink requires the registration of all suppliers by completing the supplier registration process.

A Bidder with additional questions regarding this solicitation or a related document(s) may submit a written request for clarification to the solicitation at www.myVendorLink.com no later than the “last day to request additional information or clarification,” see coversheet. Any interpretation to a vendor shall be via written addenda posted on VendorLink before the bid due date. Any information that amends any portion of this solicitation, received by any method other than an addendum issued to the solicitation, is not binding on HCPS. Where there appears to be a conflict between the solicitation and any addenda issued, the last addendum issued will prevail.

1.4 PRE-BID MEETING

If applicable, HCPS may conduct a pre-bid meeting (attendance may be mandatory or voluntary, as required by HCPS) to explain the procurement requirements. HCPS will hold the pre-bid meeting long enough after the issuance of the solicitation to allow vendors to familiarize themselves with the solicitation, but sufficiently before the due date to allow consideration of the meeting results in preparing their bid. Nothing stated at the pre-bid meeting shall change the solicitation until addressed via an HCPS-issued addendum via www.myVendorLink.com.

1.5 BID SUBMITTAL

1.5.1 No Hardcopy Bids. HCPS WILL NOT ACCEPT PAPER (HARDCOPY) BIDS. The Bidder must upload their Bid electronically through VendorLink at www.myVendorLink.com. Acceptable file formats for upload are Microsoft http://www.myvendorlink.com/ http://www.myvendorlink.com/common/searchsolicitations.aspx

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Excel (for prices and rates), Adobe Portable Document (.pdf), or .ZIP file formats and printing must be enabled on all files submitted. If applicable, the price sheet is available electronically on VendorLink.

1.5.2 Ontime Submittal. The Bidder is solely responsible for on-time bid submittal via VendorLink, allow adequate time to upload their submittal on VendorLink, and contact VendorLink’s technical support at support@eVendorLink.com if technical difficulties arise during bid upload. HCPS shall not be responsible for delays caused in any occurrence and shall reject bids submitted via any other means.

1.5.3 Weather Closures. Should weather conditions require HCPS to close its offices on the Bid Due Date, said date will become effective on the same hour of the following HCPS business day or will post any additional extensions via www.myVendorLink.com.

1.5.4 Bid Withdrawal. The Bidder may not withdraw their Bid for 120 days after the due date unless otherwise specified.

1.5.5 Variance from Terms. The Bidder must indicate in the Bid any variances from specifications, terms, and/or conditions regardless of how slight. HCPS will assume that the commodities and contractual services fully comply with the specifications, terms, and conditions herein.

1.5.6 Discrepancies. HCPS is not responsible for discrepancies or inconsistencies provided in the Bid and may reject any Bid it deems as non-responsive.

1.5.7 Forms. The Bidder, unless otherwise specified, must use the form(s) furnished by HCPS. Failure to do so may be cause for rejection of the Bid.

1.5.8 Missing Attachments/Documents. The Bid must include all required attachments and requested documentation. HCPS will not review any bid before the due date and time. HCPS cannot accept any missing documents after the due date unless HCPS deems the missing document as non-material to the evaluation of the Bid. The Bidder shall promptly provide said documents before submittal to the Board for award.

1.5.9 Signatures. An officer or employee having the authority to contractually bind the Bidder must sign the Bid.

1.5.10 Trade Secret. The Bidder must submit all “trade secret” information, in response to this solicitation, in compliance with §§ 119.07 and 812.081, Florida Statutes, in a separate file and so titled. The Bidder’s failure to prepare and label the confidential or exempt portions of their Bid in the manner specified in this section shall constitute a waiver by the Bidder of any applicable exemptions from disclosure or any confidential status including ones that may apply to trade secrets under Florida law. If challenged, the Bidder who submits the trade secret information shall bear all costs associated with defending their position.

1.5.11 Joint Bid. HCPS will recognize a single vendor as the primary contractor, should multiple Bidders submit a joint Bid in response to this solicitation. If offering a joint bid, the primary contractor must:

• include the names and addresses of all parties of the joint bid; and

• provide all bonding and insurance requirements, execute the contract, complete the Bid, and have overall and complete accountability to resolve any dispute arising within the contract. Only a single contract per Contractor shall be acceptable; and

• be responsible for the provision of the commodities and contractual services associated with response to this solicitation and overall contract administration; and

• participate at applicable HCPS meetings, oversee the preparation of reports and presentations, and file any notice of protest and final protest as described herein; and

• prepare and present consolidated invoice(s) for services performed. HCPS shall issue only one check for each consolidated invoice to the Contractor for the provided commodities and contractual services.

1.5.12 Prompt Payment Discount. The Bidder may offer a cash discount for prompt payment. However, HCPS shall not consider such discounts in determining the lowest net cost for evaluation purposes. HCPS shall

Hillsborough County Public Schools Page 6 of 57 compute discounts from the date of satisfactory delivery at the place of acceptance or from receipt of the correct invoice at the office specified, whichever is later.

1.5.13 Additional Charges and Fees. The Bidder must provide all additional charges such as installation, shipping, insurance, normal service consumables, shop supplies, environmental fees, administration fees, etc. in the Bid prices and rates. HCPS will not be responsible for any type of miscellaneous surcharges or fees. Post award, the Contractor may not add any additional fees to the order including, but not limited to, special handling charges, hazardous materials fees, fuel surcharges, etc. after award without written HCPS approval.

1.5.14 Prices and Rates. The submitted Bid must adhere to the following:

• All Bid costs and rates shall include inside delivery and setup fees.

• All orders shall be F.O.B. Destination.

• Hourly service rates shall be inclusive of all sundry items to complete the contractual services.

1.5.15 New Items/Options. New or complementary commodities may be included in the contract if they are standard items or options for the commodities and contractual services. Items inadvertently left off the price sheet may be viewed as an option not known to exist at the time this solicitation was published but are made available as an additional option. The Contractor proposing the additional options may attach to their price sheet the list of options currently available.

1.5.16 Prompt Payment Discount. The Bidder may offer a cash discount for early payment. However, HCPS shall not consider such discounts in determining the lowest net cost for Bid evaluation purposes. HCPS shall compute discounts from the date of satisfactory delivery at the place of acceptance or from receipt of the correct invoice at the office specified, whichever is later.

1.6 BID AWARD

1.6.1 No Award. HCPS shall have the authority to reject any or all bids submitted in response to this solicitation and request new bids or purchase the required goods and services in any other manner authorized under the State of Florida Department of Education Purchasing Policies 6A-1.012, F.A.C.

1.6.2 Rejection of All Bids. In accordance with §§ 119.07 (1), Florida Statutes, and 24 (a), Article I of the State Constitution, HCPS may reject Bids submitted in response to this solicitation and shall remain exempt from §§ 119.07(1), Florida Statutes, and 24(a), Article I of the State Constitution, until HCPS provides notice of an intended decision concerning the reissued solicitation or until HCPS withdraws the reissued solicitation, not to exceed twelve (12) months from the date of the Notice of Rejection.

1.6.3 Notice of Intent. HCPS will post a Notice of Intent to Award/Rejection to enter into one or more agreements with Bidder(s) identified therein, on www.myVendorLink.com. A notice of intent to award under this solicitation shall not constitute or form any agreement between HCPS and the Bidder.

1.6.4 Contract. This solicitation, all related addenda, and the submitted Bid, upon award by the Board or HCPS approval shall constitute a legally binding agreement. HCPS reserves the right to request a separate agreement for services consistent with the terms and conditions herein. The Contractor shall not provide commodities and contractual services nor shall HCPS compensate the Contractor for said commodities and contractual services until the Contractor has submitted the required insurance certificate, met Jessica Lunsford Act compliance (if applicable), and is in receipt of an HCPS award letter and related purchase order.

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1.7 CONTACT INFORMATION & CERTIFICATION

The Bidder must supply the information listed below for consideration. In case of a dispute or if further clarification becomes necessary, please indicate your representative’s contact information. The General Manager of Procurement Services shall serve as the HCPS representative.

Local Contact Information

Account Representative Title

Local Address

Phone Number Cell Phone Number

Email Address Fax Number

X

Signature of Owner or Authorized Officer Date

Corporate Information

Representative's Name Title

Company Name

Principal Place of Business Address

Remit-To Address (if different from above)

FEIN or Social Security Number

The preferred method to receive a purchase order. ☐ US Mail ☐ Fax ☐ Yes ☐ No. Is your company Workers’ Compensation Exempt? If yes, attach proof of exemption.

☐ Yes ☐ No. Is your company registered as an SBE with the HCPS Office of Supplier Development?

Is your company SMWBE certified with any of the following agencies? (Check as applicable.)

☐ City of Tampa, ☐ FL. Statewide & Inter-Local Certification, ☐ Hillsborough County BOCC, ☐ Florida State Minority Supplier Development Council, or ☐ City of St. Petersburg.

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1.7.1 Statement of Qualifications. Please provide written responses to the following questions. If the answer to any of the questions is “Yes,” the Bidder shall describe fully the circumstances, reasons therefore, the current status, and ultimate disposition of each matter that is the subject of this inquiry. If additional space is needed for any question, please attach it to this document.

☐ Yes ☐ No Has your organization been declared in default on any contract?

☐ Yes ☐ No Has your organization forfeited any payment of performance bond issued by a surety company on any contract?

☐ Yes ☐ No Has an uncompleted contract been assigned by your organization’s surety company on any payment of performance bond issued to your organization arising from its failure to fully discharge all contractual obligations thereunder?

☐ Yes ☐ No Within the past three (3) years, has your organization filed for reorganization, protection from creditors, or dissolution under the bankruptcy statutes?

☐ Yes ☐ No Is your organization now the subject of any litigation in which an adverse decision might result in a material change in the firm’s financial position or future viability?

☐ Yes ☐ No Is your organization currently involved in any state of fact-finding, negotiations, or resistance to a merger, friendly acquisition, or hostile take-over, either as a target or as a pursuer?

License Sanctions List, below, whether there have been any regulatory or license agency sanctions against your organization. HCPS may perform a background check on any vendor with all state and regulatory agencies.

Signature

Title

Print Name Date

[INTENTIONALLY BLANK]

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1.7.2 Business References. The Bidder must submit three (3) references with with the Bid. HCPS may contact these references during the evaluation process and may utilize other references’ information to predict the Bidder's capabilities. Negative references, in HCPS’ sole discretion, may be cause for the Bidder’s disqualification. The included references should be customers from the previous three (3) years. Preferred references shall be in the following order: other school districts, Florida, or other state’s government agencies, and private sector organizations.

REFERENCE # 1.

Organization Name Telephone #

Contact Name E-mail Address

Scope of Work Provided Contract/Project Dollar Value

REFERENCE # 2.

REFERENCE # 3.

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1.7.3 Payment Options.

P-Card. If Box is checked: ☐ HCPS personnel may choose to use a purchasing card (P-Card) in place of a purchase order to make purchases under the contract. Unless an exception is communicated to HCPS, the Bidder, by submitting a Bid, agrees to accept the P-Card as an acceptable form of payment and may not add additional service fees or handling charges to purchases made with the P-Card.

☐ Yes ☐ No: The Bidder accepts the P-Card conditions stated in this solicitation. If yes, please check the level of reporting your firm offers its customers who utilize the P-Card:

Level Date Supplier Transaction Amount

Sales Tax Customer-Defined Code Line-Item Detail

☐ Level 1 X X X

☐ Level 2 X X X X X

☐ Level 3 X X X X X X

Other Payment Options. Please check one:

☐ Net 21 Days (E-Payables Option; Visa Virtual Credit Card). Contact Procurement Services for specific information about the E-Payable option. This option will require the use of credit cards through your financial institution and/or credit card processor.

☐ NET 45 (Standard Payment Terms). Invoice payment is Net 45 days from the date of delivery or the receipt of a satisfactory invoice, whichever occurs last, unless invoices specify early payment discounts. All payments, other than payments for construction services, due and not made within the time specified by this section bear interest from 30 days after the due date at the rate of one (1%) percent per month on the unpaid balance. HCPS provides payment to its OSD-registered vendors for Net-14 days with no cash discount.

☐ _____ % 21 Days, Net 45. (Discount for early payment, i.e.: 2% 21, NET 45). Invoices less agreed upon discount are paid in 21 days. This option requires you to enter a discount percentage.

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1.7.4 Drug-Free Workplace Certification. HCPS shall provide tie bid preference to businesses with drug-free workplace programs. Whenever two or more proposals, which are equal concerning price, quality, and service, are received by HCPS for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. HCPS shall establish procedures for processing tie proposals if none of the tie proposals have a drug-free workplace program. To have a drug-free workplace program, a business shall:

• Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

• Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

• Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

• In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or any controlled substance law of the United States, or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

• Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any convicted employee.

• Make a good-faith effort to continue to maintain a drug-free workplace through the implementation of this section.

AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS COMPANY COMPLIES FULLY WITH

THE ABOVE DRUG-FREE WORKPLACE REQUIREMENTS.

Signature Title

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1.7.5 Scrutinized Company Certification. I hereby swear or affirm that as of the date below this company is not listed on a Scrutinized Companies list created pursuant to §§ 215.4725, 215.473, or 287.135, Florida Statutes.

Pursuant to § 287.135, Florida Statutes, I further affirm that:

• This company is not participating in a boycott of Israel such that is not refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or Israeli-controlled territories, in a discriminatory manner.

• This Company does not appear on the Scrutinized Companies with Activities in Sudan List where the State Board of Administration has established the following criteria:

• Have a material business relationship with the government of Sudan or a government-created project involving oil-related, mineral extraction, or power generation activities, or

• Have a material business relationship involving the supply of military equipment, or

• Impart minimal benefit to disadvantaged citizens that are typically located in the geographic periphery of Sudan, or

• Have been complicit in the genocidal campaign in Darfur.

• This Company does not appear on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List where the State Board of Administration has established the following criteria:

• Have a material business relationship with the government of Iran or a government-created project involving oil-related or mineral extraction activities, or

• Have made material investments with the effect of significantly enhancing the Iranian petroleum sector.

• This Company is not engaged in business operations in Cuba or Syria.

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1.7.6 Certification Regarding Debarment, Suspension Ineligibility, And Voluntary Exclusion. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). By signing and submitting this certification the potential contractor accepts the following terms:

***** BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS BELOW *****

(1) The prospective lower tier participant certifies, by submission of this Bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Name of Potential Contractor

Name and Title of Authorized Representative.

Signature of Authorized Representative Date

SEE INSTRUCTIONS FOR CERTIFICATION ON THE NEXT PAGE.

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INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the reverse side in accordance with these instructions.

2. The certification in this clause is a material representation of the fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Non-Procurement List.

8. Nothing contained in the foregoing shall be construed to require the establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

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1.7.7 Truth and Accuracy Statement. The signer of this Bid guarantees, as evidenced by the affidavit required herein, the truth and accuracy of all statements and all answers to interrogatories hereinafter made.

The undersigned hereby:

• authorizes any public official, engineer, architect, surety company, bank depository, material or equipment manufacturer or distributor or any person, firm, or corporation to furnish any HCPS-requested pertinent information, or its representative, deemed necessary to verify the statements made in this qualification form or regarding the standing and general reputation of the organization; and

• states that all information given is an accurate representation of the office location and resources from where the services are to be rendered; and

• certifies that they are authorized to sign this bid for the organization and that the proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. The undersigned certifies acceptance of this solicitation’s terms, conditions, exhibits, specifications, attachments, and addenda.

“I certify (or declare) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct.”

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1.7.8 Byrd Anti-Lobbying Amendment Certification Form. The undersigned Bidder certifies to the best of his or her knowledge that:

• No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

• If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

• The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

• This certification is a material representation of the fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The undersigned Bidder certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Bidder understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

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1.7.9 Addenda and Bid Form. The signer of the Bid guarantees, as evidenced by the affidavit required herein, the truth and accuracy of all statements and all answers to interrogatories hereinafter made.

The undersigned hereby authorizes any public official, engineer, architect, surety company, bank depository, material or equipment manufacturer or distributor, or any person, firm, or corporation to furnish any pertinent information requested by HCPS or its representative, deemed necessary to verify the statements made in this qualification form or regarding the standing and general reputation of the applicant.

The signer also states that all information given is an accurate representation of the office location and resources from where the commodities and contractual services are to be rendered.

The Bidder is not responsible for acknowledging the final HCPS-uploaded addenda (addenda provided after the Question Due Date) if the final addenda does not create a fundamental change to the proposal.

Receipt of the following Addenda is hereby acknowledged. (List all Addenda as follows):

Addendum No.:

Dated:

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1.7.10 Bidder’s Statement of Principal Place of Business. ☐ If box is checked. Name of Vendor:

___________________________________________________ whose principal place of business is in the state of:

Vendor’s Signature: X___________________________________________________

INSTRUCTIONS. IF your principal place of business above is located within the State of Florida, provide the information as indicated above and return this form with your bid response. No further action is required. IF your principal place of business is outside of the State of Florida, the following must be completed by an attorney and returned with your bid response. Failure to comply shall be considered to be non-responsive to the terms of this solicitation.

OPINION OF OUT-OF-STATE BIDDER’S ATTORNEY ON BIDDING PREFERENCES

(TO BE COMPLETED BY THE ATTORNEY FOR AN OUT-OF-STATE VENDOR)

NOTICE. § 287.084 (2), Florida Statutes, provides that “a vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state [or political subdivision thereof] to its business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.” See also. § 287.084(1), Florida Statutes.

LEGAL OPINION ABOUT STATE BIDDING PREFERENCES (PLEASE SELECT ONE)

☐ The Bidder’s principal place of business is in the State of _____________________________ and it is my legal opinion that the laws of that state do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that state.

☐ The Bidder’s principal place of business is in the State of _________________________________ and it is my legal opinion that the laws of that state grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that state: [Please describe applicable preference(s) and identify applicable state law(s)]: ____________________________________________________

LEGAL OPINION ABOUT POLITICAL SUBDIVISION BIDDING PREFERENCES (PLEASE SELECT ONE)

☐ The Bidder’s principal place of business is in the political subdivision of ___________________________________ and it is my legal opinion that the laws of that political subdivision do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision.

☐ The Bidder’s principal place of business is in the political subdivision of _______________________________ and it is my legal opinion that the laws of that political subdivision grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision:

[Please describe applicable preference(s) and identify applicable authority granting the preference(s)]:

Signature of out-of-state Bidder’s attorney

Printed name of out-of-state Bidder’s attorney Attorney’s state(s) of bar admission.

Telephone number of out-of-state Bidder’s attorney.

Email of out of state Bidders’ attorney

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2 GENERAL TERMS AND CONDITIONS

These General Terms and Conditions apply to this solicitation and each purchase made by any authorized method of acquisition. HCPS shall deem that each organization or entity (the “Bidder”) submitting a response (“Bid”), to have assented to these conditions by the act of responding to this solicitation and acceptance of a request for purchase via duly issued purchase order (PO). Before the solicitation due date, during the active solicitation process, HCPS may incorporate additional conditions, without limitation, referenced as an addendum, attachment, appendix, or exhibit. Any conflict in terms between any additional conditions, and any HCPS-issued addenda will require the following descending order of precedence. addenda answer to questions on www.myVendorLink.com, appendix, attachment, exhibition, and this solicitation. Unless specifically stated, the terms and conditions in this solicitation are non-negotiable. HCPS may reject a Bid that fails to accept the stated terms and conditions as "non-responsive."

This solicitation does not commit HCPS to enter into a contract nor obligate HCPS to reimburse any Bidder for any costs incurred in the preparation and submission of the Bid or anticipation of a contract. This solicitation will comply with all applicable HCPS policies and federal, state, and local laws. Additionally, HCPS reserves the right to:

• seek the assistance of technical experts to review the Bids; and

• investigate the qualifications of any Bidder under consideration, require confirmation of the Bidder-provided information, and require additional evidence of the stated qualifications; and

• require additional evidence of qualifications to perform the services described in this solicitation; and

• amend, cancel, recall, or reissue all, or parts of this solicitation, to reject any Bid, to waive any formality and irregularity, remedy solicitation errors, or to re-advertise the identical or revised specifications; and

• reduce the scope of services (if deemed in HCPS’ best interest and at HCPS’ sole discretion); or

• approve or disapprove the use of any subcontractor and supplier; and

• contract with one or more (or none) of the Bidders; and

• contract without further discussions or negotiations; and

• disqualify a Bid upon evidence of collusion with intent to defraud or other illegal practices on the part of the Bidder.

2.1 BID PROTEST

A Bidder who wishes to file a protest must file such notice and follow procedures prescribed by § 120.57(3), Florida Statutes, for resolution. For solicitations posted by Procurement Services, the notice must be filed with the General Manager of Procurement Services, corey.murphy@hcps.net.

Any person who files an action protesting a decision or intended decision about this solicitation under § 120.57(3)(b), Florida Statutes, shall post, at the time of filing the formal written protest, a bond payable to the Board in an amount of $5,000 or three (3%) percent of the estimated value of the contract, whichever is greater, conditioned upon payment of all costs and fees which may be adjudged against the protestor in the administrative hearing. If at the hearing the Board prevails, it shall recover all costs excluding attorney's fees from the protestor; if the protestor prevails, the protestor shall recover from the Board all costs excluding attorney's fees.

Failure to file a notice of intent to protest, or failure to file a formal written protest within the time prescribed in §

120.57 (3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

2.2 CONTRACT TERMINATION & DEFAULT

Per Board Policy, Chapter 6320 - Procurement Procedures, Suspension or Debarment, the General Manager of Procurement Services may debar Contractors for a defined period from bidding on or performing as a subcontractor on any HCPS contract. The suspended or debarred vendor may request removal from suspended or https://hillsborough.sharepoint.com/sites/ProcurementServices/Shared%20Documents/_Contract_Files/Templates/Bid%20Templates/Trades%20Templates/corey.murphy@hcps.net

Hillsborough County Public Schools Page 20 of 57 debarred status after the expiration of the suspension or debarment period. The General Manager of Procurement Services shall have the authority to suspend or debar any vendor for the following:

• default on awarded contract; or

• violation of contract terms and conditions without cure or remedy; or

• default of any payment or other monies due to HCPS; or

• conviction of fraud or criminal acts while performing as a contractor on any contracts, even those not associated or written by HCPS; or

• consistent past performance record of habitual or continuous unsatisfactory performance, safety violations, failure to adhere to the Jessica Lunsford Act, as defined in the contract, repeated violations of any contract provisions, or delinquent performance by the Contractor; or

• possession of firearms on HCPS property; or

• violation of Federal or State law and any applicable HCPS policy regarding Drug-Free Workplace (will be subject to the immediate termination of any contract)

2.2.1 Termination for Convenience. HCPS shall have the right to terminate the contract, with or without cause, upon written notice of such termination provided not less than 30 days before the date that such termination is to be effective, or with such lesser notice as HCPS may deem appropriate under the circumstances. If HCPS elects to terminate this contract without cause, HCPS shall compensate the Contractor for all satisfactory goods and services provided before the date of termination. If HCPS provides a notice of termination, the Contractor agrees to abide by and perform all covenants and provisions of this contract until the date of the termination specified in the written notice of termination. The Contractor shall have no further rights, and HCPS shall have no further obligation to the Contractor, after the date of termination of the contract as specified in the written notice. HCPS may discontinue the provision of the commodities and contractual services to any HCPS site as it deems necessary, that portion of the solicitation shall be void for the said site.

2.2.2 Non-Appropriation of Funds (Funding Out). The parties understand and agree hereto that HCPS shall be bound and obligated hereunder only to the extent that funds are appropriated and budgeted for the contract. If funds are not appropriated and budgeted in any fiscal year for payments due under the contract, HCPS will notify the Contractor of such occurrence and the contract must terminate on the last day of the fiscal year for which appropriation(s) received, sans penalty or expense to HCPS.

2.2.3 Termination for Cause. HCPS will periodically inspect goods and services to ensure that the Contractor meets all requirements. HCPS reserves the right to terminate the contract for cause, which shall include without limitation the Contractor’s failure to comply with any provision of the contract. Before HCPS terminates a contract, the General Manager of Procurement Services or designee may initiate an internal review of the situation; HCPS may invite the Contractor to participate. If HCPS determines that grounds exist to declare the Contractor in default, the Superintendent or designee shall provide the Contractor with written notice of default and termination, making specific reference to the provision(s) that gave rise to the breach. Inaction by HCPS to exercise its rights is not a waiver of such rights. HCPS may notify the Contractor as follows:

• Initial Cure Notice. An initial notification will require the correction of any discrepancies, inconsistencies, or items not meeting the specifications contained herein at no additional cost to HCPS. Within ten (10) days of receipt of notice, or as mutually agreed, the Contractor must provide a written response describing the Contractor’s steps to correct the noted deficiencies.

• Second Notice. A second discrepancy notification shall serve, upon receipt, as notification of immediate termination due to the discrepancies, inconsistencies, or goods and services not meeting specifications contained herein and the Contractor shall cease with the provision of goods and services. In such event, HCPS shall pay the Contractor only for satisfactory goods and services. The Contractor and its sureties may be liable to HCPS for any additional HCPS-incurred costs to complete the job and repair of damages

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