26067-ITB-EST_Montessori_Classroom_Materials_Catalog_Bid.pdf

HillsboroughSchools.org • P.O. Box 3408 • Tampa, FL 33601-3408 • Procurement Services (813) 272-4374 Raymond O. Shelton School Administrative Center • 901 East Kennedy Blvd. • Tampa, FL 33602-3507

TUESDAY, FEBRUARY 17, 2026

HILLSBOROUGH COUNTY PUBLIC SCHOOLS

PROCUREMENT SERVICES DEPARTMENT

901 E. KENNEDY BOULEVARD

TAMPA, FLORIDA 33602

Van Ayres, Superintendent of Schools

INVITATION TO BID (ITB)

26067-ITB-EST MONTESSORI CLASSROOM MATERIALS (CATALOG BID)

TECHNICAL QUESTIONS DUE DATE

TUESDAY, MARCH 3, 2026, 5:00 PM, ET

BID DUE DATE

MONDAY, MARCH 23, 2026, 5:00 PM, ET

TO BE SUBMITTED SOLELY VIA: WWW.MYVENDORLINK.COM

Hillsborough County Public Schools (“HCPS”) hereby issues this competitive solicitation (“Invitation to Bid “or “ITB”), per Rule 6A-1.012, F.A.C., to announce that HCPS is accepting proposals from all qualified firms or individuals interested in providing the commodities and contractual services (the “Services”) as described in the Scope of Work/Services in Section 1. The proposal must demonstrate by the proposer’s qualifications, experience, availability, approach, and work plan that they will best serve the overall needs of HCPS. The proposal must be submitted in a format commensurate with the sections in this ITB. HCPS reserves the right to waive any formalities, to reject any or all proposals, or to re-advertise the ITB for these services. HCPS reserves the right to withdraw all or part of this ITB at any time to protect its interests. The Proposers are asked to be thorough yet concise in their responses. Failure to respond in the manner prescribed herein may be grounds for disqualification of the submitted proposal.

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.

Lobbying/Cone of Silence. The Cone of Silence, HCPS policy 6320 – Procurement, prohibits any communication regarding an active competitive solicitation between any HCPS employee or School Board member and any third party, representative, or lobbyist of that party, in effect from the time of the release of the competitive solicitation until the Board awards the contract.

http://www.myvendorlink.com/

Hillsborough County Public Schools Page 2 of 41 Invitation to Bid 26067-ITB-EST Montessori Classroom Materials (Catalog Bid)

1 SCOPE OF WORK/SERVICES

2 INTRODUCTION

3 BIDDER’S CONTACT INFORMATION & CERTIFICATION

4 REQUIRED SUBMITTALS CHECKLIST

5 BIDDER INSTRUCTIONS

6 MINIMUM QUALIFICATIONS

7 PRICING

8 GENERAL TERMS AND CONDITIONS

9 INSURANCE REQUIREMENTS

10 APPENDIX A: SUBSTITUTE W-9

Hillsborough County Public Schools Page 3 of 41

1 SCOPE OF WORK/SERVICES

THE PROPOSER MUST READ AND RESPOND TO THIS SECTION IN ITS ENTIRETY AND MAY SUPPLEMENT THIS SECTION WITH ADDITIONAL INFORMATION TO PROVIDE HCPS WITH A MORE DETAILED BREAKDOWN, BACKUP, AND OPTIONS OF

RELATED COSTS ASSOCIATED WITH THE SOLICITED SERVICES.

HCPS is seeking proposals from experienced and qualified vendors interested in providing the Services referenced herein, including the provision of all related labor, materials, supervision, equipment, incidentals, and related items necessary to complete the requests in accordance with the specifications herein. This section identifies HCPS’s desired Services and levels of performance.

HCPS’s specifications herein are designed to enable a proposer to satisfy the requirements for the Services herein. HCPS may express a specification as a standard, a part of a standard, or independent of a standard. No specification shall unnecessarily limit competition by eliminating items capable of satisfactorily meeting HCPS’ actual needs and preferences. The fact that a manufacturer or supplier chooses not to produce or supply equipment, supplies, or services to meet these specifications will not be enough cause to adjudge these specifications as restrictive.

The proposer must provide a signature to acknowledge agreement and understanding with the requirements of the intent of the Scope of Work/Services of this ITB and provide reports or samples, as applicable.

The proposer must note any deviations from the specifications (a model number requires an update or specifications, or a service method is incorrect).

Detailed descriptions and/or illustrations, if applicable, are required with your proposal for consideration.

1.1 CONTRACT TERM/RENEWALS

The initial term will begin upon approval by the Board and shall automatically renew for up to four (4) additional one (1) -year periods as appropriations allow in the budget, the Contractor’s performance, the continued need for the commodities and services, and mutual agreement between HCPS and the Contractor to provide the commodities and services required under the Agreement as outlined in the Scope of Work/Services and maintain the same terms and conditions as delineated herein.

1.1.1 Other Public Sector Agencies. All awarded vendors to this ITB may, upon mutual agreement with the awarded vendor(s), permit any school board, community college, state university, municipality, or other governmental entity, including public charter schools, to participate in the Agreement under the same prices, terms, and conditions. Further, it is understood that each governmental entity will issue its own purchase order to the awarded vendor(s).

1.1.2 Project Term. The term of a Project Service ends upon completion of those services as agreed between the Contractor and HCPS, unless earlier terminated.

1.1.3 Temporary Renewal. If HCPS has a need to extend the Agreement beyond the stated renewal periods, HCPS and the Contractor may agree to renew the Agree for a period not to exceed 180 days

1.1.4 Temporary Unilateral Renewal. If the Contractor chooses to not renew the Agreement at the end of an effective term, it is understood and agreed that HCPS may unilaterally renew the Agreement, for a period not to exceed ninety (90) days, under the same terms and conditions, with a pricing allowance commensurate with the CPI or related PPI to allow for soliciting the affected commodities and services.

1.2 INTENT

This Invitation to Bid (ITB) includes a requirement for blanket discount pricing covering items and/or materials listed in current pricing documents, which may include but are not limited to price lists, schedules, and catalogs (including web-based catalogs) regularly maintained by a manufacturer, distributor, or the Contractor and available for inspection by customers unless otherwise disclosed to HCPS.

1.3 CATALOG/PRICE LIST DISCOUNT

Bidders shall offer prices for items based on a discount percentage off of their most current pricing documents for product category(ies) bid, where applicable. A zero percent discount is acceptable. All prices in said catalog shall be calculated using the single discount amount offered in each category. The discount percentage shall be uniform across

Hillsborough County Public Schools Page 4 of 41 all catalog items within the defined category grouping. All pricing contained therein shall be of fair market value, competitive with other sellers in the industry. Price schedules/catalogs custom-tailored for HCPS shall not be considered. HCPS recognizes that catalog prices may change during the contract term; however, discounts awarded under this ITB shall remain firm throughout the life of the Agreement.

By submitting Blanket/Discount pricing as part of their Bid, the vendor agrees to provide pricing documents as required above and accepts responsibility for keeping these documents current. Failure to include this information may result in the offer being rejected. The Bidder is not required to respond to all categories to be considered for an award.

HCPS reserves the right to request additional discounts for large individual purchases.

1.4 MARKET BASKET ITEMS

HCPS reserves the right to conduct an annual review of purchases to determine a market basket for the renewal period and, as applicable, establish additional discounts. Note that purchases are not limited to these specific items. All similar items should receive the same discount.

1.5 QUOTES AND/OR INVOICES

All subsequent quotes and or invoices must state the following: "Terms and conditions: per HCPS Agreement 26067-ITB- EST (the “Agreement). In the event and to the extent of any conflict or inconsistency between the Agreement and any other document, the Agreement shall control and prevail.”

THE BELOW SIGNATURE ACKNOWLEDGES THAT THE BIDDER HAS READ THE TERMS AND CONDITIONS HEREIN PRIOR TO SUBMITTING A BID AND IS READY, WILLING, AND ABLE TO FULFILL THE APPLICABLE OBLIGATIONS IN ACCORDANCE WITH THE TERMS AND CONDITIONS AND IS SUBMITTING WITHOUT COLLUSION WITH ANY OTHER INDIVIDUAL OR FIRM.

Vendor’s Name

Authorized Signature Date

Print Name and Title

Hillsborough County Public Schools Page 5 of 41

2 INTRODUCTION

2.1 HCPS BACKGROUND

Hillsborough County Public Schools, Florida (“HCPS” or the “District”) is a political subdivision organized under Section 4, Article IX, of the State Constitution and Florida Statutes. HCPS, which is coterminous with Hillsborough County, is the nation’s seventh-largest school system. HCPS presently has 235 PreK-12 schools, specialty centers, and technical colleges with 225,000 (approximately) students and 24,000 (approximately) employees. Management of HCPS is independent of metropolitan and city governments. The School Board of Hillsborough County, Florida (the “School 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 $3 billion. The Chief Executive Officer is the Interim Superintendent of Schools, Mr. Van Ayres, appointed by the School Board, who is responsible for all financial transactions and records of HCPS.

2.1.1 Vision. Preparing Students for Life.

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

2.2 DEFINITIONS

The intent and meanings of the following terms shall be as follows.

• Addendum. The “addendum” or “addenda” shall include all written or graphic instruments issued before the Bid’s opening date to modify or interpret this competitive solicitation by additions, deletions, corrections, or clarifications.

• Agreement. The “Agreement” shall include this competitive solicitation, addenda, and written answers to questions (via www.myVendorLink.com), the Bidl, all mutually signed documents (signed by the authorized Contractor’s representative and the Board or the HCPS General Manager of Procurement Services), and subsequent renewals covering the provision of the commodities and services herein.

• Bid. The “Bid” is the response submitted by a Bidder to an Invitation to Bid (“ITB”).

• Contractor. The “Contractor” refers to any business entity or individual awarded by the School Board or approved by HCPS’ Procurement Services Department under an awarded Bid or signed agreement.

• Bidder. The “Bidder” shall mean a supplier who submits a bid (“Bid”) in response to an invitation to bid where the price is the primary factor in the evaluation process for award determination.

• Commodities. The commodities shall include any of the various supplies, materials, goods, merchandise, food, equipment, information technology, and other tangible personal property, including a mobile home, trailer, or other portable structure that has less than 5,000 square feet of floor space, purchased, leased, or otherwise contracted for by HCPS.

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

• Florida Statutes. The “Florida Statutes,” or “F.S.” are the codified, statutory laws of the State of Florida.

• Invitation to Bid (“ITB”). Per Rule 6A-1.012 (1) (b), F.A.C., the “invitation to bid,” “ITB,” “competitive solicitation,” or “solicitation” shall be defined as a written solicitation for competitive sealed bids. The invitation to bid is used when the School Board is capable of specifically defining the scope of work for which a service is required or when the District can establish precise specifications defining the actual commodities or group of commodities required. Per Rule 6A-1.012 (9), F.A.C., in acceptance of responses to invitations to bid, the School Board may accept the Bid of the lowest responsive, responsible Bidder. In the alternative, the School Board 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 services would be purchased should the primary awardee become unable to provide all of the

Hillsborough County Public Schools Page 6 of 41 commodities or services required by the School Board 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 solicitation documents.

• Procurement Officer. The assigned Procurement Officer shall serve as the primary HCPS representative for the competitive solicitation.

• Renewal. The term “renewal” means contracting with the same Contractor for an additional contract period after the initial contract period, only if pursuant to contract terms specifically providing for such renewal.

• Responsible Bidder. A supplier with the integrity and reliability as well as the financial and technical capacity to perform the requirements of the solicitation and subsequent Agreement.

• Responsive Bidder. A Bidder whose Bid fully conforms in all material respects to the solicitation and all of its requirements, including all form and substance.

• Services. The “services” shall include the rendering by a Contractor of its time and effort rather than the furnishing of specific commodities. The term applies only to those services rendered by an organization or individual who serves as an independent contractor. Such services may include, but are not limited to, trades, evaluations; consultations; maintenance; accounting; security; management systems; management consulting;

educational training programs; research and development studies or reports on the findings of consultants engaged thereunder; and professional, technical, and social services. The term does not include a contract for the furnishing of labor or materials for the renovation, repair, modification, or demolition of a facility, building, portion of the building, utility, park, parking lot, or structure or other improvements to real property entered into pursuant to Chapter 255, F.S., and rules adopted thereunder.

[INTENTIONALLY BLANK.]

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3 BIDDER’S CONTACT INFORMATION & CERTIFICATION

The Bidder must provide the requested information 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 Name Title

Local Address

Phone Number Cell Phone Number

Email Address Fax Number

X Signature of Owner or Authorized Officer

CORPORATE INFORMATION

Representative's Name Telephone Number

Company Name

Principal Place of Business Address

Remit-To Address (if different from above) ☐ Corporation ☐ Sole Proprietor/Partnership ☐ Limited Liability Corp.

FEIN or SS# _______________________________________ ☐ Other. ______________________________________ The preferred method to receive a purchase order. ☐ US Mail ☐ Fax ☐ Yes ☐ No. Is the Bidder Workers’ Compensation Exempt? If Yes, attach proof of exemption.

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

☐ Yes ☐ No. Is the Bidder M/W/SBE certified with any of the following agencies: City of Tampa, FL. Statewide & Inter- Local Certification, Hillsborough County Board of County Commissioners, Florida State Minority Supplier Development Council, or the City of St. Petersburg.

Hillsborough County Public Schools Page 8 of 41

3.1 BIDDER’S STATEMENT OF PRINCIPAL PLACE OF BUSINESS

☐ If box is checked. Name of Vendor: Click or tap here to enter text. whose principal place of business is in the state of:

Click or tap here to enter text.

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), F.S., 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 own 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), F.S.

LEGAL OPINION ABOUT STATE BIDDING PREFERENCES

(Please Select One)

The Vendor’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 Vendor’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 Vendor’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 Vendor’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)]: ___________________________.

x Signature of out-of-state Bidder’s attorney

The 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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4 REQUIRED SUBMITTALS CHECKLIST

To ensure that the Bidder includes all the necessary submittals to complete a thorough evaluation of the Bid, please use this checklist to make sure you have enclosed all required submittals before uploading the Bid. HCPS may disqualify the Bidder who fails to provide the Items checked as “Required.”

Bidder HCPS

Required Mark, if Submitted

Description of Submittal Verified as Submitted

X Section 2. Contact Information & Certification. Filled in all required information.

X Section 3. Required Submittals Checklist. Signed and submitted with the Bid.

X Section 4. Bidder Instructions. Signed and submitted with the Bid.

X Section 5. Minimum Qualifications. All information is provided including all supporting documents with the Bid.

The Bidder has submitted, as applicable: proof of minimum qualifications, authorization to business in Florida, all necessary licenses, required business references, drug-free workplace, proof of insurance, and all additional forms signed.

X Section 6. Scope of Work/Services. Signed and submitted with the Bid.

X Section 7. Price Sheet (Cost/Best Value). Filled in, signed, and submitted the appropriate pricing sheet and statement of work with the Bid.

X Section 8. General Terms and Conditions. Signed and submitted with the Bid.

X Section 9. Insurance Requirements. Signed and submitted with the Bid.

Appendix B: Federal Funding. If the box is checked, this Appendix is available via a separate file. The file is available via www.myvendorLink.com and must be signed and submitted with the Bid.

Appendix C: USDA Funding. If the box is checked, this Appendix is available via a separate file. The file is available via www.myvendorLink.com and must be signed and submitted with the Bid.

Bidder, Print Name Title

Signature Date

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The below-signed HCPS facilitator has received and reviewed the submitted Bid and declares to their best abilities whether the above documents or required signatures were timely submitted. Should the facilitator choose to deem any of the required information as a minor irregularity, the Bidder may be asked to provide the missing information prior to the Committee’s initial evaluation (not to exceed three (3) business days). Failure to provide the missing information shall require the facilitator to reject the Bid. All Bids submitted without prices or not in “Complete” status on www.myvendorlink.com shall be automatically rejected.

HCPS Facilitator Name Title

HCPS Facilitator’s Signature Date

[INTENTIONALLY BLANK]

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5 BIDDER INSTRUCTIONS

Hillsborough County Public Schools (“HCPS”) hereby issues this solicitation, per Rule 6A-1.012, F.A.C., to announce that HCPS is accepting Bids from qualified organizations or individuals interested in providing the commodities and services as described in Section 4. Scope of Services of this document. The Bidder must demonstrate by their qualifications, experience, availability, approach, and work plan that they will best serve the needs of HCPS.

5.1 VENDORLINK

The VendorLink bidder portal (www.myVendorLink.com), is HCPS’ primary supplier portal, which is a web-based, Bidder self-service solution that allows HCPS to collaborate with vendors in a secure, 24-7 online environment. HCPS will post all solicitations and supporting documents via www.myVendorLink.com. It is the sole responsibility of the interested parties to monitor VendorLink for solicitation opportunities and updates.

Each Bidder must have a current vendor application on file with VendorLink to conduct business, receive notices, updates, and addenda, and ask questions under the chosen solicitation. HCPS may disqualify a Bidder for failure to comply with this condition.

When a solicitation matching the Bidder-chosen selections (NIGP codes) becomes available, the VendorLink system sends email notifications 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. Vendors may view the solicitation by selecting the Bid Solicitations link: www.myVendorLink.com/common/searchsolicitations.aspx.

5.1.1 Email Notification. The Bidder must ensure their email spam filter accepts notices from www.myvendorlink.com. HCPS will not make exceptions for a Bidder’s inability to receive an emailed notification.

5.1.2 Questions. 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 “Technical Questions Due Date,” see coversheet. Any interpretation to a Bidder 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 addendum issued, the last addendum issued will prevail.

5.1.3 Technical Support. The Bidder must email the VendorLink technical support desk via email at support@eVendorLink.com if technical difficulties arise during the submission of their Bid. HCPS shall not be responsible for delays caused in any occurrence and shall reject all Bids submitted via any other means, without notice.

5.1.4 Electronic Submittal. The Bidder must upload their Bid electronically to VendorLink (www.myVendorLink.com).

5.2 SUBMITTED BID

5.2.1 Bid File Formats. Acceptable file formats for upload are microsoft excel (prices/rates/spreadsheet), and adobe portable document (.pdf) (text). Please do not submit .zip file formats and printing must be enabled on all files submitted. Printing must be enabled on the submitted files.

5.2.2 Ontime Submittal. The Bidder is solely responsible for the on-time submittal of their Bid to VendorLink. Please allow adequate time to upload the Bid to VendorLink.

5.2.3 Weather Closures. Should weather conditions require HCPS to close its offices or there is a documented outage VendorLink, on the Bid Due Date, said date will become effective on the same hour of the following HCPS business day, or the Procurement Services Department will post an additional extension(s) via www.myVendorLink.com.

5.2.4 Bid Withdrawal. The Bidder may not withdraw their Bid for a period of 120 days after the Bid Due Date unless otherwise specified.

5.2.5 Variance from Terms. The Bidder must indicate in their Bid any variances from specifications, terms, and conditions regardless of how slight. HCPS will assume that the commodities and services fully comply with the specifications, terms, and conditions herein. Additional purchasing conditions and minimum order requirements may be reasons for the rejection of the Bid.

5.2.6 Discrepancies. HCPS is not responsible for discrepancies or inconsistencies provided in the Bid and may reject http://www.myvendorlink.com/ http://www.myvendorlink.com/ http://www.myvendorlink.com/common/searchsolicitations.aspx

Hillsborough County Public Schools Page 12 of 41 the Bid deemed non-responsive.

5.2.7 Forms. The Bidder, unless otherwise specified, must use the form(s) furnished by HCPS. Failure to do so may, at any time, be cause for rejection of the Bid or Board award.

5.2.8 Missing Attachments/Documents.

• The Bid must include all required attachments and requested documentation.

• HCPS will not review a Bid before the due date and time.

• HCPS cannot accept any missing documents after the due date unless HCPS deems the missing document(s) as non-material to the evaluation of the Bid. The Bidder shall promptly provide the requested documents prior to Board submittal and/or award.

5.2.9 Signatures. An officer or employee who has the authority to contractually bind the Bidder must provide signatures on the Bid.

5.2.10 Trade Secret. The Bidder must submit all “trade secret” information, in response to this solicitation, in compliance with §§ 119.07 and 812.081, F.S., 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 be applicable to trade secrets under State of Florida law. If challenged, the Bidder who submits the trade secret information shall bear all costs associated with defending their position.

5.2.11 Joint Bid. HCPS shall only recognize a single Bidder as the awarded contractor, should multiple Bidders submit a joint Bid in response to this solicitation. If offering a joint Bid, the primary Bidder must:

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

• provide all bonding and insurance requirements, execute the Agreement, complete the Bid, and have overall and complete accountability to resolve any dispute arising throughout the Agreement term; and

• be responsible for the provision of the commodities and services associated with the Bid and all contract administration; and

• participate at applicable HCPS meetings, oversee the preparation of reports and presentations; and

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

5.3 PROPOSED PRICES/RATES

All prices/costs/fees/charges offered herein shall be firm against any increase for the initial term of the Agreement unless mutually agreed or as stated otherwise in this solicitation or as approved by the General Manager of Procurement Services. The Contractor shall bear sole responsibility to notify Procurement Services no less than sixty (60) days prior to any anticipated changes in prices. Any request for changes requires the submittal of bonafide manufacturer's documents, including but not limited to Producer Price Index information, Consumer Price Index for the affected market, industry, commodities, and/or manufacturer’s price list for evaluation by HCPS. HCPS reserves the right to accept or reject, within thirty (30) days of receipt, the request for price or rate changes. HCPS will cease orders for items rejected for price change. If HCPS approves the requested changes, the price will remain firm for the remaining effective term, or as stated in a written mutually signed renewal letter.

5.3.1 Favored Nation Clause. The Bidder agrees, based on comparable size and quantity, that the Bidder is providing HCPS with the same or better pricing, for like-purchases of comparable size, than other organizations and governmental agencies. If during the term of the Agreement, HCPS identifies better pricing for the same item, the Bidder agrees to offer HCPS the reduced price.

5.3.2 Prompt Payment Discount. The Bidder may offer a discount for prompt payment. However, HCPS shall not consider such a discount in determining the lowest net cost for evaluation purposes unless HCPS provides written acceptance of the applicable discount. 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.

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5.3.3 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. 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.

5.4 NOTICE OF INTENT

HCPS will post a Notice of Intent to Award to enter into one or more awards with Bidder(s) identified therein, on www.myVendorLink.com. A notice of intent to award under this solicitation shall not constitute or form any award nor contractual obligation between HCPS and the Bidder.

5.5 CONTRACT

This solicitation, all related addenda, the Bid, award by the School Board or HCPS approval, and a mutually signed agreement (optional) by the authorized signing authorities, and an HCPS-issued purchase order 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 services, nor shall HCPS compensate the Contractor for commodities and services until the Contractor has submitted the:

• Certificate of Insurance, and

• Meets Jessica Lunsford Act compliance (if applicable); and

• Has been issued the appropriate purchase order.

THE SIGNATURE ACKNOWLEDGES THAT THE BIDDER HAS READ THE TERMS AND CONDITIONS HEREIN PRIOR TO

Bidder’s Name

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6 MINIMUM QUALIFICATIONS

The Bidder must provide and/or be compliant with all the requirements below. HCPS will not evaluate Bids that fail to provide the required documents and shall deem the Bidder as non-responsive. HCPS reserves the right to request additional documentation at any time during the agreement period. The Bidder must be qualified at the time of Bid submittal and provide documentation to provide proof of meeting the requirements below.

6.1.1 Experience. The Bidder shall have been in the provision of the required commodities and services herein for a minimum of three (3) years and shall provide proof along with the Bid (including but not limited to articles of incorporation, and business tax receipts…). Failure to provide said proof may be grounds for rejection of the Bid. The Bidder must prove the validity of the stated documents to be in effect at the time of Bid opening. HCPS will not award on assumptions that a granting of a license will occur at a future date. The Bidder must provide written evidence that it maintains a permanent place of business and has adequate equipment, finances, and personnel to furnish the commodities and services offered satisfactorily and expeditiously.

Initials of Authorized Representative of Bidder: ____________

6.1.2 Authorization To Do Business In The State of Florida. Unless the Contractor will solely provide commodities via mail, out-of-state corporations and limited partnerships must provide proof of authorization to do business in the State of Florida. In-state corporations must be active and in good standing in the state of Florida. The Bidder must provide proof of registration on www.sunbiz.org.

Initials of Authorized Representative of Bidder: ____________

6.1.3 Licenses/Permits/Business Tax. The Bidder must provide proof that it is current with all applicable business and occupational licenses, and business taxes, and able to obtain all applicable permits, whether municipal, county, state, or federal required for the provision of the Contractor’s obligations and functions hereunder upon the bid’s due date. Failure to adhere to this paragraph or provide any necessary licenses or qualifications to lawfully provide the required commodities and services shall be cause for rejection of the Bid, or, if not specifically stated in this solicitation, shall be cause for immediate termination and further sanctions.

Initials of Authorized Representative of Bidder: ____________

6.1.4 Proof of Insurance. The Bidder must provide proof of insurance. Also, upon award, at its own expense, the Contractor must maintain an insurance policy in effect at all times during the performance of this Agreement with an insurance company licensed or authorized to do business in the State of Florida having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the below coverage amounts. Failure of the Consultant must maintain the required insurance will constitute a material breach entitling HCPS to immediately terminate this Agreement for default. See Appendix A. Insurance requirements.

Initials of Authorized Representative of Bidder: ____________

6.1.5 The Jessica Lunsford Act (JLA) Badges (Applicable Upon Award). To comply with §§ 1012.465 and 1012.467, F.S., the “Jessica Lunsford Act,” A Contractor who meets any of the three (3) criteria, below, upon award, must be Level II fingerprinted and Florida Department of Law Enforcement (FDLE)/Federal Bureau of Investigations (FBI) screened by the HCPS Professional Standards Department. Those Contractor employees must have the statewide JLA badge and the HCPS yellow badge to access HCPS sites. HCPS personnel will deny access to all Contractor employees violating this requirement and may be cause for termination of the Agreement. The Bidder may contact the Jessica Lunsford Act office at (813) 840-7178 for more information.

• be at school when students are present, or

• have direct contact with students, or

• have access to or control of school funds. The only applicable exception is the "six-foot fence" rule where the

Contractor shall perform work and always remain, in an area separated from students by a chain link fence that is at least six (6) feet high.

Initials of Authorized Representative of Bidder: ____________ http://www.sunbiz.org/

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6.1.6 E-Verify. Per § 448.095, Florida Statutes, all employers within the state shall use the U.S. Department of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all employees hired during the term of the Agreement. The Contractor shall also require all subcontractors performing work under the Agreement to utilize the E-Verify system for any employees they may hire during the term of the Agreement. The Contractor must provide evidence of compliance with § 448.095, Florida Statutes. Evidence may consist of, but is not limited to, providing notice of the Contractor’s E-Verify number. Failure to comply with this provision constitutes a material breach of the Agreement, and HCPS reserves the right to terminate the Agreement at its sole discretion. The Contractor may be liable for all costs associated with HCPS securing the same services, inclusive, but not limited to, higher costs for the same services and bidding costs (if necessary).

6.1.7 __ Agreed __ Exception __ Does not employ more than 25 Florida workers.

Initials of Authorized Representative of Bidder: ____________,

6.1.8 Subcontractors. Subcontractors. The Bidder shall serve as a prime contractor and shall be responsible for all actions taken by its subcontractors and shall bear all liability for the subcontractors’ action under the Agreement. HCPS must pre-approve each subcontractor and must follow all of the Bidder’s requirements herein. The Bidder’s requirements under the Agreement herein shall apply to all HCPS-approved subcontractor(s). The subcontractor includes any organization whom the Bidder shall utilize for the provision of commodities and services subject to the Agreement. The Bidder must notify HCPS for prior approval as to the use of or replacement of any subcontractor. If applicable, list all subcontractors:

1. ___________________________________________________________

2. ___________________________________________________________

3. ___________________________________________________________

4. ___________________________________________________________

5. ___________________________________________________________

6. ___________________________________________________________

7. ___________________________________________________________

8. ___________________________________________________________

9. ___________________________________________________________

10. ___________________________________________________________

Initials of Authorized Representative of Bidder: ____________

Hillsborough County Public Schools Page 16 of 41

6.1.9 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 questions, please attach it to this document.

☐ Yes ☐ No: Has Bidder been declared in default of any contract?

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

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

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

☐ Yes ☐ No: Is Bidder 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 Bidder 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 any regulatory or license agency sanctions. HCPS may perform a background check on any Bidder with all state and regulatory agencies.

Signature

Title

Print Name Date

Hillsborough County Public Schools Page 17 of 41

6.1.10 Business References. The Bidder must submit the requested reference information 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.

Included references should be customers from the previous three (3) years. Provide at least three (3) references. HCPS preferred references shall be in the following order: school districts, Hillsborough County, Florida-based references, and State of Florida-based references. Large municipalities or local governments, and the private sector.

REFERENCE # 1.

Bidder Name Telephone #

Contact Name E-mail Address

Scope of Work Provided

Contract/Project Dollar Value

REFERENCE # 2.

REFERENCE # 3.

Hillsborough County Public Schools Page 18 of 41

6.1.11 Drug-Free Workplace Certification. In accordance with § 287.087, F.S., preference shall be given to businesses with drug-free workplace programs. Whenever two or more Bids, which are equal concerning price, quality, and service, are received by any political subdivision for the procurement of commodities or services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied Bidders has 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 services that are under the Agreement 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 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 of 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.

Hillsborough County Public Schools Page 19 of 41

6.1.12 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 §§ 215.4725, 215.473, or 287.135, F.S. Per § 287.135, F.S., 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 in 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, 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:

o Have a material business relationship with the government of Iran or a government-created project involving oil-related or mineral extraction activities, or o Have made material investments with the effect of significantly enhancing Iran‘s petroleum sector.

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

Hillsborough County Public Schools Page 20 of 41

6.1.13 Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion.

INSTRUCTIONS FOR DEBARMENT CERTIFICATION:

1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out herein 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 whom this Bid is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous because of changed circumstances.

4. The terms” covered transaction”, “debarred”, “suspended”, “ineligible”, “lower tier covered transaction”, “participant”, “person”, “primary covered transaction”, “principal”, “Bid,” “voluntarily exclude”, 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 whom this Bid is submitted for assistance in obtaining a copy of these 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, but is not required to, 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 may pursue available remedies, including suspension and/or debarment.

Hillsborough County Public Schools Page 21 of 41

Certification Regarding Debarment, Suspension Ineligibility, And Voluntary Exclusion – Lower Tier Covered Transactions.