26114-RFP-EST_Integrated_Library_Media_System_Instructions_&_General_Terms_031326_2.pdf

HillsboroughSchools.org • P.O. Box 3408 • Tampa, FL 33601-3408 • Procurement Services (813) 272-4327 Raymond O. Shelton School Administrative Center • 901 East Kennedy Blvd. • Tampa, FL 33602-3507

March 13, 2026

REQUEST FOR PROPOSALS (RFP)

26114-RFP-EST: INTEGRATED LIBRARY SYSTEM AND DISCOVERY LAYER SOLUTION

PROPOSER INSTRUCTIONS

GENERAL TERMS AND CONDITIONS

6 PROPOSER INSTRUCTIONS

7 GENERAL TERMS AND CONDITIONS

Hillsborough County Public Schools Page 2 of 19 Request for Proposals: 26114-RFP-EST: Integrated Library System (ILS) and Discovery Layer Solution

6 PROPOSER INSTRUCTIONS

This solicitation will comply with all applicable HCPS policies and federal, state, and local laws and regulations. HCPS reserves the right to qualify proposals that HCPS deems to meet the qualifications listed in this solicitation. HCPS, at its sole discretion, reserves the right to cancel, recall, or reissue all or parts of this solicitation, to reject any proposal, to waive any formality and irregularity, or to re-advertise the identical or revised specifications. HCPS may investigate the qualifications of any proposer under consideration, require confirmation of information furnished by a Proposer, and require additional evidence of qualifications to perform the services described in this solicitation. This solicitation does not obligate HCPS to enter into a contract or reimburse any Proposer for costs incurred in preparing and submitting a proposal or anticipating a contract. Furthermore, HCPS may:

• evaluate the Proposer’s past performance with HCPS and other customers or

• reject any or all proposals; or

• issue a subsequent solicitation for the same commodities and services or

• cancel the entire solicitation; or

• remedy solicitation errors; or

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

• appoint an evaluation committee to review the proposals; or

• seek the assistance of technical experts to review the proposals or

• approve or disapprove the use of subcontractors and suppliers; or

• award a contract to one or more (or none) of the proposers; or

• accept other than the lowest-priced proposal; or

• waive informalities and irregularities in the Proposals; or

• award a contract without discussions or negotiations; or

• Disqualify proposals upon evidence of collusion with intent to defraud or other illegal practices by a proposer.

6.1 DEFINITIONS.

The following terms shall have the following meanings.

6.1.1 Addenda/Addendum. HCPS written or graphic instruments posted to www.myvendorlink.com before the solicitation opening date to supersede or modify this solicitation by addition, deletion, correction, or clarification.

6.1.2 Agreement. Unless a separate document is provided for signature by the Parties, the Agreement shall include this solicitation, attachments, appendices, all related addenda, and answers to questions via www.myVendorLink.com, the Proposal, all mutually agreed-upon amendments, and subsequent renewals covering the provision of commodities and services as outlined herein.

6.1.3 Commodities. Commodities shall mean any of the various supplies, materials, goods, merchandise, food, equipment, information technology, and other 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.

6.1.4 Contractor. The Contractor shall mean any business entity awarded by the Board or approved by HCPS’ Procurement Services Department under a Proposal submitted by that organization in reply to this solicitation.

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

6.1.6 Florida Statutes. The codified, statutory laws of the State of Florida.

6.1.7 Procurement Officer shall serve as the primary HCPS representative for this solicitation.

6.1.8 Proposer. The Proposer shall include a vendor that submits a proposal in response to this competitive solicitation.

6.1.9 Renewal. A contract renewal extends or continues an existing contractual agreement between the parties beyond the original expiration date.

6.1.10 Request for Proposals (“RFP”). A written solicitation for competitive sealed proposals. The request for proposals is used when it is not practicable for HCPS to specifically define the scope of work for which the commodity, http://www.myvendorlink.com/

Hillsborough County Public Schools Page 3 of 19 group of commodities, or contractual service is required and when HCPS is requesting that a responsible vendor propose a commodity, group of commodities, or contractual service to meet the specifications of the solicitation document.

6.1.11 Responsible Proposer/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 contract.

6.1.12 Responsive Proposal/Bid. A bid, proposal, or offer that fully conforms in all material respects to the solicitation and its requirements, including all form and substance.

6.1.13 Services. An agreement calling for a contractor’s time and effort. The furnishing of labor, time, or effort by a contractor or supplier may involve, to a lesser degree, the delivery or supply of products.

6.1.14 Superintendent. Superintendent shall mean the District’s superintendent or designee. For this solicitation, the General Manager of Procurement Services will serve as the designee.

6.1.15 Vendor. A seller of goods or services whereby the exchange is solely transactional.

6.2 PRE-PROPOSAL CONFERENCE/SITE VISIT (“CONFERENCE”)

If applicable, see the cover sheet. HCPS may conduct a Conference (attendance may be mandatory or voluntary) or a site visit (mandatory attendance, as required by HCPS) to explain the procurement requirements. The Conference or site visit will be held long enough after the solicitation has been issued to allow Proposers to familiarize themselves with this solicitation, but sufficiently before the due date to enable the consideration of the Conference results in preparing their proposals. Nothing stated at the Conference or site visit shall amend this RFP unless and until a change is made via written addenda on VendorLink.

6.3 VENDORLINK (WWW.MYVENDORLINK.COM) REGISTRATION

HCPS will post all solicitations and supporting documents on VendorLink. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates. Each Proposer must have a vendor application on file with VendorLink to conduct business, receive updates and addenda, and ask questions under any HCPS solicitation.

Additionally, to conduct business under this solicitation, HCPS requires that all its Contractors have a current vendor application on file with www.myVendorLink.com. HCPS may rescind an award for failure to comply with this condition.

6.3.1 Questions. A proposer with additional questions regarding this solicitation or a related document(s) may submit a written request for clarification via VendorLink no later than the “last day to request additional information or clarification.” Any interpretation to a Proposer shall be via written addenda posted on VendorLink before the proposal’s due date. Any information that amends any portion of this solicitation, received by any method other than an addendum issued in conjunction with this solicitation, is not binding on HCPS. In the event of a conflict between this RFP and any subsequent addendum, the most recent addendum issued will prevail.

6.3.2 Addenda. Those interested in responding to and receiving addenda to this solicitation or any other HCPS procurement opportunity must log on to VendorLink, select "active bids," search for this solicitation, and download the document(s). Downloading the document will enter your email address as a participant and provide notifications and updates for this solicitation. Before submitting the proposal, the Proposer must determine whether addenda have been issued via VendorLink and, if so, download and respond accordingly to such addenda.

6.4 PROPOSAL SUBMITTAL

The Proposer is solely responsible for the on-time delivery of the proposal via VendorLink. No mailed hard copies will be accepted. HCPS will not review proposals before the due date and time.

Lobbying/Cone of Silence. Board Policy #6320: The Cone of Silence prohibits any communication regarding an active solicitation between any HCPS employee or Board member and any third-party representative or lobbyist of that party, unless permitted in this section. Any Board member, the Superintendent, Evaluation Committee Member, or any HCPS employee is prohibited from having any communications concerning a solicitation for an active competitive procurement during the Cone of Silence period. Any party, representative, or lobbyist of that party is prohibited from having any communications concerning an active solicitation for a competitive procurement with any Board member, the Superintendent, any Evaluation Committee Member, or any other HCPS employee during the Cone of Silence period, Hillsborough County Public Schools Page 4 of 19 regarding a solicitation for a competitive procurement. Communication by any party, representative, or lobbyist of that party, regarding an active solicitation found to violate this section may result in the rejection of their proposal and may include further sanctions. Any communications, including but not limited to matters of process, procedure, or protest, must be submitted in writing and directed to the assigned procurement officer. The Cone of Silence period shall take effect and remain in effect from the time of the solicitation's release until the Board awards the contract. At the time of issuing the solicitation, the Superintendent or designee shall provide public notice of the Cone of Silence and include this notice in any advertisement or public solicitation for commodities and contractual services, stating the requirements of this section. Unless expressly provided otherwise in the applicable solicitation document, the Cone of Silence does not apply to:

• Oral communications at the pre-proposal or pre-bid conference.

• Communications during evaluation committee meetings, including presentations, demonstrations, or interviews.

• Oral communications during any duly noticed Board meeting.

6.4.1 Submittal Delays. Possible delays to the last day for questions or the submittal due date may involve the following, without limitation:

6.4.2 Questions/Due Date Extension. HCPS reserves the right to amend this solicitation’s due date via VendorLink before the posted initially due date.

6.4.3 Weather Conditions. Should weather conditions require HCPS to close its offices on the Proposal due date, it will take effect at the same hour of the following business day or as posted by HCPS via VendorLink.

6.4.4 Responsive Proposal. A responsive proposal meets this RFP's requirements, including providing all necessary documentation, supporting exhibits, submitting on time, and obtaining all required signatures. HCPS is not responsible for discrepancies or inconsistencies in the submitted proposal. HCPS may reject any proposal it deems non-responsive.

Failure to comply with these requirements may result in HCPS deeming the proposal non-responsive.

6.4.5 Uploaded Proposal Format. The proposal must be submitted electronically and organized to ensure comparability and consistency in the evaluation process. Avoid elaborate promotional materials and provide only requested information. All supporting materials should reference the portion of this solicitation to which they pertain.

6.4.6 Variance from Terms. Regardless of how slight, the proposal must identify all variances from specifications, terms, and/or conditions. Otherwise, HCPS will assume that the proposed commodities and services shall fully comply with the specifications, terms, and conditions.

6.4.7 Forms. Unless otherwise specified, proposers must use the form(s) furnished by HCPS. Failure to do so may cause the rejection of the proposal.

6.4.8 Missing Attachments/Documents. The proposal must include all required attachments and requested documentation. HCPS will neither review nor acknowledge receipt of a proposal 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 proposal evaluation. All missing documents must be submitted to the Procurement Officer within 72 hours of the submitted request, excluding Saturdays, Sundays, and state holidays. All communications between Procurement Services and the Proposer shall be via email. HCPS shall not be responsible for emails that are directed to a Proposer’s spam folder.

6.4.9 Signatures. An officer or employee with the authority to bind the organization must sign the proposal in ink or digitally.

6.4.10 Public Inspection of Proposal. HCPS will provide a Proposer’s representative with written notice if a public records request has been made for a confidential portion of their proposal in response to this solicitation. HCPS will provide for the inspection or copying of any non-exempt portions of any proposal in its possession, as required by applicable law. If a Proposer wishes to preclude the inspection or copying of any non-exempt portions of its proposal or if a dispute exists as to whether such portions are entitled to an exemption, the Proposer must obtain a protective order from a court of competent jurisdiction prohibiting the inspection or copying of the requested materials. The failure to initiate such legal proceedings on time shall constitute a waiver by the Proposer of any applicable exemption

Hillsborough County Public Schools Page 5 of 19 or confidential status of the requested materials. By submitting a proposal in response to this solicitation, the Proposer agrees to waive any cause of action or claim for damages it may have against HCPS for its release of records in response to a public records request, except for those that are prepared and labeled as confidential or exempt as described in this section. The Proposer agrees to hold HCPS harmless from any award to a plaintiff for damages, costs, or attorney’s fees based upon HCPS’ non-disclosure of portions of the Proposer’s response that have been prepared and labeled as confidential or exempt from public inspection and further agrees to reimburse HCPS for any attorney fees and costs it may incur in the defense of such non-disclosure.

6.4.11 Trade Secret. If applicable, all “trade secret” information submitted in response to this solicitation must comply with §§ 119.07 and 812.081, Florida Statutes, and shall be submitted in a separate file, clearly labeled as such. A failure by the proposer to prepare and label the confidential or exempt portions of their proposal in the manner specified herein shall constitute a waiver by the proposer of any applicable exemptions from disclosure or any confidential status, including ones that may apply to trade secrets under Florida law. If challenged, the proposer who submits the trade secret information shall bear all costs associated with defending their position.

6.4.12 Joint Proposal. HCPS will recognize a single proposer as the primary contractor should multiple proposers submit a joint proposal in response to the competitive solicitation. If offering a joint proposal, the prime contractor must:

• Include the name and address of all parties to the joint proposal.

• Provide all necessary bonding and insurance requirements, execute the contract, complete the proposal, and assume overall accountability to resolve any disputes that may arise from the award. Only a single award with the submitting proposer shall be authorized by HCPS.

• Be responsible for the performance of services associated with the response to this RFP and overall contract administration.

• Attend any required HCPS meetings, oversee the preparation of reports and presentations, and file notices of protest and final protests as described in this document.

• Prepare and present consolidated invoice(s) for services performed. HCPS shall issue only one check for each consolidated invoice for services performed to the prime contractor.

6.5 EVALUATION PROCESS

The Evaluation Committee may consist of HCPS personnel and additional stakeholders who will review, discuss, and rank the proposals. Procurement Services personnel will participate as facilitators. The Committee may deem additional Proposers as non-responsive or non-responsible and will not pursue further evaluation. Please note that HCPS reserves the right to:

• prefer to contract with the Proposer(s) that fully comply with the provided terms and conditions stipulated in this RFP. However, a proposal with alternatives may be considered after the allowance for any deviations. HCPS cautions proposers to indicate all restrictive deviations from the desired terms and conditions and

• select the proposal(s) deemed to be in its best interest and shall be the sole judge and final arbiter of its own best interest, the evaluation of submissions, and the resulting negotiated agreement; and

• deem that if receiving adequate proposals, HCPS may choose to evaluate only those proposals as submitted and require no additional clarifications and/or information. The proposer should provide complete and thorough proposals, including the proposer’s most favorable terms.

• cancel this solicitation or reject proposals at any time before an award and without further discussion; and

• Perform a side-by-side comparison of like proposals. Procurement Services shall perform the preliminary phase upon initial proposal screening, and this phase shall pass or fail, as determined by Procurement Services, as to whether:

o all required forms are signed, submitted, or obtainable; and o the Proposer meets the minimum requirements; and

Hillsborough County Public Schools Page 6 of 19 o whether the information provided is in the required sequence to simplify the comparison of proposals.

6.5.1 Technical Evaluation (Phase 1). The Committee will rank proposals based on the stated, summarized Weighted Criteria. The award method will be based on a qualitative appraisal rating and ranking of responsiveness to this solicitation’s criteria, based on available point totals for each evaluation criterion, rather than a percentage factor. The Committee will evaluate proposals based on the criteria listed below. The requirements are itemized with their respective weights, totaling up to 100 points. A Proposer may receive the maximum points or a portion of this score, depending on the merit of its proposal, as determined by the Committee.

EVALUATION PHASES: DESCRIPTION WEIGHT

Pre-Committee Evaluation

Procurement Services shall forward only those on-time proposals to the assigned HCPS Evaluation Committee (the “Committee”) for further evaluation. Procurement Services will not move non-responsive or non-responsible proposals to the Phase 1 Evaluation.

Pass/Fail

Phase I Technical Evaluation

Section 2. Specifications/Scope of Work.

This section shall provide HCPS with information regarding the Proposer’s understanding of the required scope of work (tasks and service levels) and the vendor’s ability to provide deliverables within the required timeframe and (if applicable) submit an optimal timeline with milestone payment information for the completion of deliverables and provide optimal customer service.

Section 3. Qualifications and Experience/Required Forms and All Signatures.

This section shall provide HCPS with information regarding the Proposer’s experience and qualifications in the related commodities and contractual services and their abilities.

Phase II Cost/Value Evaluation

Section 4. Cost/Value. The price proposal shall be evaluated to determine the overall best value. 35

Small Business Encouragement Program (SBEP)

Utilization of HCPS-registered vendors. Based on the submitted information in the “SBEP Subcontractor Utilization Letter of Intent,” Procurement Services encourages a percentage of the projected dollar expenditures to be allocated to HCPS-registered OSD vendors. Points shall be allocated based on the percentage of total HCPS dollars under the Agreement: 1 point for each 10% of the funding to the HCPS-registered SBEP. Example: 0 points: 0% to 9%, 1 point: 10% to 19%, 2 points: 20% to 29%, 3 points: 30% to 39%, … No (zero) points are offered for federally funded solicitations.

6.5.2 Value Evaluation (Phase 2). A short list of proposers may be invited to provide Phase 2 presentations or respond to additional questions (via written, virtual, online, or phone means). For presentations, Proposers are encouraged to offer a multimedia presentation that includes, but is not limited to, additional discounts, answers to provided questions, a question-and-answer session, and a summary of their capabilities and industry advantages within the allotted HCPS time. All invited Proposers shall be allotted the same amount of presentation time. Upon completing this phase, the Committee will reevaluate, re-rate, and re-rank the remaining proposals based on the written documents, the oral presentation, answers to questions, and the best and final offer.

6.5.3 Negotiations. Procurement Services may negotiate the proposed terms, conditions, and rates with the highest-ranked Proposer(s) before submittal to the Board. HCPS may seek to reach acceptable terms with any Proposer or terminate discussions as it deems to be in its best interest. HCPS may continue the process until an agreement is reached or the process is terminated. For Single Negotiations, HCPS negotiates with the top-ranked Proposer. For

Hillsborough County Public Schools Page 7 of 19 concurrent negotiations, HCPS negotiates simultaneously with two or more top-ranked proposers after Phase 1.

Negotiations continue simultaneously until a ‘best and final offer’ is reached, resulting in a satisfactory agreement.

6.5.4 Tie Proposals. Tie Proposals that are identical in the Evaluation Committee scoring and meet all the requirements and criteria outlined in the competitive solicitation. If this should occur with the highest-ranked Proposals, priority for the award shall be given to vendors in the following sequence:

• A business that certifies that it has implemented a drug-free workplace.

• Office of Supplier Development certified small business vendor.

• Small/business certified by a governmental entity in Hillsborough County.

• Small/business certified by a governmental entity in the Tampa Bay area.

• Florida-certified small/business.

• Business located in Hillsborough County.

• Businesses receive a more significant dollar award for other items within the bid.

• Business located in Florida.

• A flip of a coin.

6.6 AWARD

6.6.1 Award by Group, Category, Area, or Item. As deemed to be in its best interest, HCPS reserves the right to make award(s) by individual item, group of items, all or none, or a combination thereof on a geographical basis and an HCPS-wide basis with one or more Proposals; to reject any or all offers or waive any irregularity or technicality in Proposals received. The Proposer is cautioned to make no assumptions unless their Proposal has been evaluated as responsive.

Any or all awards from this competitive solicitation shall conform to applicable HCPS, State of Florida, and Federal rules, regulations, and laws.

6.6.2 No Award. HCPS shall have the authority to reject any proposals submitted in response to this competitive solicitation and request new proposals or purchase the required commodities and services in any other manner authorized under Rule 6A-1.012, F.A.C.

6.6.3 Rejection of All Proposals. According to §§ 119.07(1), Florida Statutes, and 24(a), Article I of the State Constitution, HCPS may reject Proposals submitted in response to this solicitation 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.

6.6.4 Contract. HCPS deems the provisions of the awarded proposal acceptable, and a best and final offer shall be incorporated into the award, making it legally binding.

6.6.5 Additional Awardees. HCPS reserves the right to award additional vendors throughout the Agreement term to meet HCPS's needs promptly.

6.6.6 Notice of Intent to Award/Rejection. HCPS will post a Notice of Intent to Award/Rejection via VendorLink, inviting the Proposer(s) identified therein to enter into one or more contracts.

6.6.7 No Contract Until Execution. A notice of intent to award under this RFP shall not constitute or form any contract between HCPS and the proposer. No contract is formed until HCPS provides notice of award or purchase order.

6.7 PROTEST

A Proposer who wishes to file a proposal protest must file a notice and follow procedures prescribed by § 120.57(3), Florida Statutes, for resolution. For bids solicited by Procurement Services, the notice must be filed with the General Manager of Procurement Services. Any person who files an action protesting a decision or intended decision concerning a Proposal under § 120.57(3)(b), Florida Statutes, shall post, at the time of filing the formal written protest, a bond payable to the Board for $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

Hillsborough County Public Schools Page 8 of 19 hearing. If the Board prevails at the hearing, 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.

6.7.1 Purchase Order. An award by the Board does not constitute an order. The Contractor must receive an HCPS purchase order before providing any product or service. Shipments shall conform to the proposal form, specifications, and general instructions specified in the purchase order.

THE SIGNATURE BELOW ACKNOWLEDGES THAT THE PROPOSER HAS READ THIS SECTION BEFORE SUBMITTING A PROPOSAL AND IS READY, WILLING, AND ABLE TO FULFILL THE APPLICABLE OBLIGATIONS PER THE STATED REQUIREMENTS. THE PROPOSER IS SUBMITTING A PROPOSAL WITHOUT COLLUSION WITH ANY OTHER INDIVIDUAL

OR FIRM.

Organization Name

Print Name

Signature Date

Hillsborough County Public Schools Page 9 of 19

7 GENERAL TERMS AND CONDITIONS

These General Terms and Conditions apply to this competitive solicitation, and each purchase is made by any authorized method of acquisition. HCPS shall deem that each organization or entity (the “Proposer”) submitting a response (“Proposal”) has assented to these conditions by responding to this solicitation and accepting a request for purchase via a duly issued purchase order.

During the active solicitation process, before the due date, HCPS may incorporate additional conditions, without limitation, referenced as an addendum, attachment, appendix, or exhibit. Any conflict in terms of additional conditions, and any HCPS-issued addenda will require the following descending order of precedence: answers to HCPS-approved addenda (via www.myVendorLink.com), solicitation attachments (appendices, exhibits, and this solicitation. HCPS may reject Proposals that fail to accept the stated terms and conditions as "non-responsive."

7.1 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 currently has 235 PreK-12 schools, specialty centers, and technical colleges, serving approximately 225,000 students and employing approximately 24,000 staff members. 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 $3 billion. The Chief Executive Officer is the Superintendent of Schools, Mr. Van Ayres, who was appointed by the Board and is responsible for all financial transactions and records of HCPS.

7.1.1 Vision. Preparing Students for Life.

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

7.2 LEGAL REQUIREMENTS

The Contractor must be knowledgeable of and in compliance with all applicable federal, state, county, and local laws, ordinances, rules, regulations, and Board Policies (https://www.sdhc.k12.fl.us/policymanual/index) that may affect the provision of commodities and services covered herein. The Contractor’s lack of knowledge shall not be a cause for relief from responsibility.

7.2.1 Governing Law, Jurisdiction, and Venue. The Agreement shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of laws principles. The parties agree that if any suit or proceeding is brought in connection with the Agreement, such suit or proceeding shall be brought in the state or federal courts located in Hillsborough County, Florida. The Parties shall submit to the exclusive jurisdiction of such courts and waive all jurisdictional, venue, and inconvenient forum objections to such courts. Each party shall be responsible for its own attorneys’ fees and costs incurred as a result of any action or proceeding under the Agreement.

7.2.2 Conflict of Interest. The Agreement made pursuant to this solicitation is subject to the provisions of §§ 112.313(3) and 112.313(7), Part III of the Code of Ethics, Florida Statutes, and Board Policy 6460.01 – Conflict of Interest. Employees shall not engage in or have a financial interest, directly or indirectly, in any activity that conflicts or raises a reasonable question of conflict with their duties and responsibilities in the District. Employees shall not engage in business, private practice of their profession, the rendering of services, or the sale of commodities of any type where the advantage is taken of any professional relationship they may have with any student, client, or parents of students, or clients during their employment with HCPS. Employees shall not use HCPS materials, equipment, or facilities for private practice. Examples include the use of facilities before, during, or after regular business hours for service to private practice clients, or checking out items from an instructional materials center for private practice. HCPS shall not knowingly contract with any supplier of commodities and services in which any Board member or the Superintendent has a material interest. This prohibition shall not prevent any person from receiving royalties upon the sale of any educational material that they have authored and that has been properly approved for use in HCPS schools. Any employee who knowingly influences, approves, or causes the purchase of any item by the Board that could result in https://www.sdhc.k12.fl.us/policymanual/index

Hillsborough County Public Schools Page 10 of 19 personal gain for themselves or an immediate relative must immediately disclose that fact. Any violation of these policies by an HCPS employee shall be subject to disciplinary actions up to and including termination of employment.

7.2.3 Protest. A Bidder who wishes to file a bid protest must file the notice and follow procedures prescribed by § 120.57(3), Florida Statutes, for resolution. For bids solicited by Procurement Services, the notice must be filed with the General Manager of Procurement Services. Any person who files an action protesting a decision or intended decision of a solicitation according to § 120.57(3)(b), Florida Statutes, shall post, at the time of filing the formal written protest, a bond payable to the Board for $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 the Board prevails at the hearing, 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.

7.2.4 Severability. In case any one or more of the provisions contained in this solicitation shall be for any reason held to be invalid, illegal, unlawful, unenforceable, or void in any respect, the invalidity, illegality, unenforceability, unlawful, or void nature of that provision shall not affect any other provision and the Agreement shall be considered as if such invalid, unlawful, unenforceable, or void provision had never been included herein.

7.2.5 Fair Labor Standards Act (“Hot Goods”). The Proposer certifies that the production of the provided commodities and services will be compliant with all applicable requirements of Sections 6, 7, and 12 of the Fair Labor Standards Act, as amended, and with regulations and orders of the United States Department of Labor issued under Section 14 thereof.

7.2.6 Student Confidentiality. Any records, materials, documents, or other objects containing confidential information, as well as copies thereof, obtained by the Contractor during the provision of commodities and services to HCPS are confidential. They shall not be used or disclosed in any manner by the Contractor, except as permitted by applicable law, regulations, and the policies and practices of HCPS. Notwithstanding the policies and practices of HCPS, in no event shall the Contractor use or disclose confidential information in violation of the Health Insurance Portability and Accountability Act (HIPAA), Family Educational Rights and Privacy Act (FERPA), Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), or other applicable laws or regulations. After the termination of the contract with HCPS, the Contractor shall not use or disclose the contents of such confidential information for any purpose whatsoever, except as may be required by law, in which case the Contractor must first furnish prompt notice to HCPS to permit HCPS an opportunity to contest such disclosure. The Contractor agrees not to remove from HCPS premises, except as a contractor, acting on behalf of HCPS and in pursuit of the business of HCPS, or except as authorized or directed by HCPS, any records, materials, documents, or objects containing or reflecting any confidential information. The Contractor acknowledges that all such documents and objects, whether developed by the Contractor or others, are the exclusive property of HCPS. Upon contract expiration, or at any other time upon request by HCPS, and at HCPS's sole discretion, the Contractor shall promptly deliver to HCPS all documents and records in the Contractor's possession or control that contain confidential information, as defined in this ITB. The Contractor’s failure to comply with the provisions of this contract regarding confidential information constitutes a breach of this contract and may result in the termination of the Agreement and further legal action against the Contractor. The provisions of the Agreement about confidential information shall survive termination of the Agreement between HCPS and the Contractor. The Contractor shall be solely responsible for any claims, damages, costs, and expenses, including reasonable attorney fees, incurred by HCPS due to the Contractor's breach of the confidentiality provisions of the Agreement. The Contractor further agrees that HCPS may obtain injunctive or other equitable relief in a court action to restrain any further breach of the Agreement or to prevent unauthorized use or disclosure of confidential information by the Contractor.

7.2.7 Tax Exemption. HCPS is exempt from federal and state taxes for tangible personal property. HCPS’ State Sales Tax Exemption Number is 85-8012621971C-8 and the Federal Excise Tax Exemption Number is 59 72-0088 K. The Sales Tax Exemption Form is available for download at https://www.hillsboroughschools.org/Page/8821. Note that the Contractor cannot claim exemption from taxes for materials used to fulfill its contractual obligations to HCPS. HCPS shall not authorize the use of HCPS’ tax exemption number to purchase such materials.

https://www.hillsboroughschools.org/Page/8821

Hillsborough County Public Schools Page 11 of 19

7.2.8 Public Records Laws. The Contractor acknowledges that this Agreement and all documents submitted to HCPS related to this Agreement are public records and are subject to the State of Florida Public Records Law, Chapter 119, Florida Statutes, Article I, Section 24 of the State Constitution, and any other comparable federal laws. The Contractor further acknowledges that HCPS may post this Agreement on HCPS’ website. The Contractor also understands the broad nature of these laws and agrees to comply with Florida’s public records laws and laws relating to records retention. If the Contractor is acting on behalf of HCPS under § 119.0701, Florida Statutes, the Contractor shall:

• keep and maintain public records that ordinarily and necessarily would be required by HCPS to perform the service, and

• upon request from the Office of Communications, provide HCPS with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in § 119.07(4), Florida Statutes, or as otherwise provided by law; and

• ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of this Agreement if the Contractor does not transfer the records to HCPS; and

• Upon completion of this Agreement, the Contractor shall transfer, at no cost, all public records in its possession to HCPS, or keep and maintain the public records required by HCPS to perform the service. If the Contractor transfers all public records to HCPS upon completion of this Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of this Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to HCPS upon request from the Office of Communications in a format compatible with HCPS' information technology systems.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS (HCPS’ OFFICE OF COMMUNICATIONS, 901 E. KENNEDY BOULEVARD, TAMPA, FLORIDA 33602.

PHONE: (813) 272-4060, EMAIL: PRR@HCPS.NET.

7.2.9 Vendor Sanctions. The Bidder certifies that it complies fully with the Federal Debarment Certification regarding debarment suspension, ineligibility, and voluntary exclusion. HCPS may, by written notice to the Contractor, immediately terminate this contract if HCPS determines that the Contractor has been disbarred, suspended, or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to being disapproved as a subcontractor of any public procurement unit or other governmental body.

7.2.10 Public Entity Crimes. Per § 287.133(2)(A), Florida Statutes, "A person or affiliate who has been placed on the convicted vendor(s) list following a conviction for a public entity crime may not submit a bid on a contract to provide any commodities and services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a vendor(s), supplier, subcontractor(s) or consultant under a contract with any public entity, and may not transact business with any public entity over the threshold amount provided in § 287.017, Florida Statutes, for category two ($35,000) for 36 months from the date of being placed on the convicted vendor(s) list."

7.2.11 Convicted and Discriminatory Vendor Lists. Per §§ 287.133(2)(a) and 287.134, Florida Statutes, and 60A1.006 (1), F.A.C.). A person or affiliate who has been placed on the State of Florida Discriminatory Vendor List or the Convicted Vendor List: following a conviction for a public entity crime may not submit a bid on a contract to provide commodities and services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity over the threshold amount of $35,000 for a period of 36 months following the date of being placed on the convicted vendor list.

www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_ve ndor_lists/convicted_vendor_list.

file:///%5C%5Chcpssfs.mysdhc.net%5C9710%5CPURCHASE%5CITB,RFP,RFQ,RFI%5CContract%20Support%20Team%20CST%5CTemplates%5CCompetitive%20Solicitation%20Templates%5CITB%20Invitation%20to%20Bid%5Cwww.dms.myflorida.com%5Cbusiness_operations%5Cstate_purchasing%5Cstate_agency_resources%5Cvendor_registration_and_vendor_lists%5Cconvicted_vendor_list file:///%5C%5Chcpssfs.mysdhc.net%5C9710%5CPURCHASE%5CITB,RFP,RFQ,RFI%5CContract%20Support%20Team%20CST%5CTemplates%5CCompetitive%20Solicitation%20Templates%5CITB%20Invitation%20to%20Bid%5Cwww.dms.myflorida.com%5Cbusiness_operations%5Cstate_purchasing%5Cstate_agency_resources%5Cvendor_registration_and_vendor_lists%5Cconvicted_vendor_list

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7.2.12 Bankruptcy. At the time of Bid submission, the Proposer shall not be involved in, nor be the subject of, any proceedings relating to insolvency, bankruptcy, either voluntary or involuntary, or receivership proceedings. If the Proposer is awarded a contract for one (1) year or longer, and files for bankruptcy, insolvency, or receivership thereafter, HCPS may, at its option, terminate the contract.

7.2.13 Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Contract.

7.2.14 Scrutinized Companies Lists/Business Operations in Cuba or Syria. Per the provisions of § 287.135, Florida Statutes, a company that, at the time of bidding or submitting a Bid for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List, created according to § 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria, is ineligible for, and may not bid on, submit a bid for, or enter into or renew a contract with an agency or local governmental entity for commodities and services exceeding one million dollars. The Bidder certifies, by submitting and signing this solicitation, that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List, and has not been engaged in business operations in Cuba or Syria. Any contract for commodities and services exceeding $1,000,000 may be terminated at the option of the awarding body if the company is found to have submitted a false certification, been placed on either of these lists, or engaged in business operations in Cuba or Syria.

7.2.15 HCPS’ Rights. This solicitation will comply with all applicable HCPS policies and federal, state, and local laws and regulations. HCPS reserves the right to qualify Proposals that HCPS deems to meet the qualifications listed in this solicitation. HCPS, at its sole discretion, reserves the right to cancel, recall, or reissue all or part of the solicitation, to reject any Proposal, to waive any formality or irregularity, or to re-advertise the solicitation with identical or revised specifications. HCPS may investigate the qualifications of any Proposer under consideration, require confirmation of information furnished by a Proposer, and require additional evidence of qualifications to perform the services described in this solicitation. Furthermore, HCPS reserves, but is not limited to, the following rights:

• The Proposer’s past performance may be used in the evaluation of this solicitation.

• Reject any or all the Proposals.

• Issue a subsequent solicitation for the exact Scope of Services.

• cancel the entire solicitation; or

• remedy solicitation errors; or

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

• seek the assistance of technical experts to review Proposals; or

• approve or disapprove the use of subcontractors and suppliers; or

• award to one or more (or none) of the Proposers; or

• waive informalities and irregularities in the Proposal; or

• disqualify the Proposer upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer; or

• this ITB does not commit HCPS to an agreement nor obligate HCPS to pay for any costs incurred in the preparation and submission of a Bid or in anticipation of an Agreement.

7.2.16 Submittal Confidentiality. Per § 119.071(1)(b)2, Florida Statutes, Bids received by HCPS pursuant to this ITB are exempt from §§ 119.07 (1) and 24 (a), Art. I of the State Constitution until HCPS provides notice of an intended decision or until 30 days after receipt of the Bids, whichever is earlier.

7.2.17 Submittal Questions/Rejection. HCPS, at its discretion, may reject any, or part(s) of any Bid; advertise, postpone, or cancel, at any time, the ITB process, or waive any irregularities in the ITB in the Bid received. HCPS also reserves the right to request clarification of information from any Bidder.

7.2.18 Alternative Purchasing Options (Non-Exclusivity). This ITB does not establish an exclusive arrangement between HCPS and the Contractor(s). Additionally, HCPS reserves the following additional unrestrictive rights to:

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• use additional vendors to provide the commodities and services, or deliver the same or related products, as described herein when it is to the economic benefit of HCPS; or

• propose any work, products, or services as described herein when it is to the economic benefit of HCPS; or

• purchase items on this ITB from any State of Florida public entity, the General Services Administration (GSA), Bay Area Schools Purchasing Council (BASPC), or any purchasing cooperative that serves school districts; or

• generate emergency purchases from the next lowest Bid(s); or

• generate additional purchases due to the Contractor’s inability to provide the commodities and services under the requested timeframe.

7.2.19 Purchases by Other Public Agencies. Per 6A-1.012(6), Florida Administrative Code, in lieu of requesting competitive solicitations from three (3) or more sources, the District may make purchases at or below the specified prices from contracts awarded by other city or county governmental agencies, other school boards, community colleges, federal agencies, the public or governmental agencies of any state, or from state university system cooperative bid contracts, when the Bidder awarded a contract by another entity defined herein will permit purchases by the District at the same terms, conditions, and prices (or below such prices) awarded in such contract, and such purchases are to the economic advantage of the District.

7.2.20 Purchases from Other Public Agencies (within Hillsborough County). Per the Laws of Florida, Chapters 69-1112 and 69-1119, any public agency or authority existing within Hillsborough County that may desire to purchase commodities and services under a contract, entered into pursuant to law by any other political subdivision, such authority existing within Hillsborough County may purchase the commodities and services at the contract price.

Submission of a Bid in response to this solicitation also constitutes a bid under the same contract conditions and at the same contract price, during the effective period of the contract, to all the other public entities there listed (Governmental Purchasing Council of Hillsborough County). Each member of the Governmental Purchasing Council of Hillsborough County will issue their own purchase orders, issue payments, and coordinate the service locations with the Contractor, as applicable.