26359_Districtwide_Wireless_Cell_Tower_Leasing.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

August 26, 2026

REQUEST FOR PROPOSALS (RFP)

26359-RFP-MST DISTRICT-WIDE CELL TOWER LEASING

Pre-Proposal Conference:

Last Day for Technical Questions:

Proposal Due Date and Time:

Wednesday, September 2, 2026, at 11:00 AM, EST

Wednesday, September 9, 2026, at 5:00:00 PM, EST

Wednesday, September 23, 2026, at 5:00:00 PM, EST

Hillsborough County Public Schools (“HCPS”), on behalf of The School Board of Hillsborough County, Florida (the “Board”), hereby issues this competitive solicitation (“competitive solicitation” or “RFP”), per 6A-1.012, F.A.C., to announce that HCPS is accepting proposals from all qualified firms and individuals interested in providing the commodities and contractual services as described in the Scope of Services section.

QUESTIONS: All technical questions pertaining to this RFP should be submitted online via HCPS’s vendor portal, www.myvendorlink.com, no later than the Last Day for Technical Questions. HCPS will not respond to phone calls.

IMPORTANT DATES: The above event dates and times are subject to change. Any updates will be posted via www.myvendorlink.com.

EBID NOTICE: THIS IS AN ELECTRONIC PROCUREMENT. Submissions will only be accepted electronically via HCPS’s vendor portal https://www.myvendorlink.com, which HCPS uses for accepting and evaluating proposals. To register, visit https://www.myvendorlink.com/external/login. Submitting proposals via the VendorLink portal is mandatory, proposals submitted by any other means including but not limitd to paper, telephone, facsimile transmission, or electronic mail (e-mail) in response to this RFP will be rejected.

HCPS is not responsible for late submittals regardless of cause. HCPS strongly encourages proposers to submit proposals well in advance of the proposal submission deadline. A proposal submission is not considered successful unless all necessary files have been uploaded and in a “Submitted” status. Proposers are responsible for the consequences of any failure to plan ahead in the submission of its proposal. Questions or problems uploading the documents or additional online related assistance is available at support@eVendorlink.com.

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

Lobbying/Cone of Silence. Per Policy 6320, Procurement: https://web.hillsboroughschools.org/policymanual/, any communication regarding an active competitive solicitation between any HCPS employee or Board member and any third-party representative or lobbyist of that party is prohibited, effective from the time the competitive solicitation is released until an agreement is signed by HCPS or awarded by the Board.

http://www.myvendorlink.com/ http://www.myvendorlink.com/ https://www.myvendorlink.com/ https://www.myvendorlink.com/external/login mailto:support@eVendorlink.com mailto:contractsupport@hcps.net https://web.hillsboroughschools.org/policymanual/

Hillsborough County Public Schools Page 2 of 45 Request for Proposals: 26359-RFP-MST District-wide Cell Tower Leasing

TABLE OF CONTENTS

1 SCOPE OF SERVICES

2 PROPOSER INSTRUCTIONS

3 QUALIFICATIONS AND EXPERIENCE

4 REQUIRED FORMS

5 COST/BEST VALUE

6 GENERAL TERMS AND CONDITIONS

Hillsborough County Public Schools Page 3 of 45

1 SCOPE OF SERVICES

The District is seeking proposals from qualified firms interested in leasing designated District-owned land, building space, rooftop areas, or existing vertical structures districtwide for the purpose of designing, permitting, constructing, installing, operating, and maintaining new wireless communication facilities. Facilities may include, but are not limited to, stealth flagpole towers, monopoles, small wireless facilities, antennas, radio equipment, fiber connections, cabinets, backup power equipment, equipment shelters, utility connections, fencing, access improvements, and related appurtenances necessary to support wireless communication services.

The District intends to allow one or more qualified wireless communication providers, tower companies, or infrastructure firms to use approved District sites, including sites without current wireless communication towers, in a safe, code-compliant, operationally compatible, visually appropriate, and financially beneficial manner to the District through lease payments, rent, revenue sharing, or other negotiated compensation. Each new wireless communication facility or cell tower shall require District approval on a site-by-site basis. Approval of one site does not constitute approval of any other site.

1.1 BACKGROUND

☐ New Solicitation ☒ Replacing an expiring solicitation: 20062-MST-IV

1.2 AGREEMENT TERMS/RENEWALS

1.2.1 Contract Term (Quoted Project). This Contract shall commence no sooner than the first business day after Board approval or as specified in the Award letter. It shall continue until completion of the quoted project unless otherwise terminated or amended by the Parties.

1.2.2 Contract Term with Renewals. The initial award under this Proposal shall be for a term of ten (10) years.

Thereafter, the award shall automatically renew for up to three (3) additional five-year renewal terms unless either party provides written notice of its intent not to renew at least one hundred eighty (180) days prior to the commencement of the applicable renewal term.

Lease Extensions. Any Lease entered into pursuant to this Proposal may extend beyond the expiration of the initial term or any renewal term. In such event, the terms and conditions of this Proposal, as amended and approved by Hillsborough County Public Schools (“HCPS”), shall remain in full force and effect for the duration of the applicable Lease unless otherwise agreed to in writing by the parties.

Required Lease Provisions. Each Lease shall contain provisions addressing, at a minimum: (i) events of default and applicable cure periods; (ii) removal of improvements, equipment, fixtures, or other property; (iii) restoration of District property; (iv) abandonment; (v) casualty and condemnation; (vi) insurance requirements; (vii) indemnification; (viii) assignment and subleasing; (ix) changes in applicable laws, regulations, or governmental requirements; and (x) termination rights and remedies of the parties.

1.2.3 Temporary Renewal. If HCPS needs to extend the Agreement beyond the stated renewal period(s), HCPS and the Contractor may agree to renew the Agreement for a period not to exceed 180 days.

1.3 TASKS AND DELIVERABLES

1.3.1 Tower, Antenna, and Wireless Facility Design

The selected lessee shall have the right, subject to District approval and all required governmental approvals, to construct, install, operate, maintain, modify, replace, and upgrade wireless communication facilities at approved District sites. Facilities may include a stealth flagpole tower, monopole, rooftop installation, modified light pole, or other similarly designed telecommunications structures.

The preferred design shall be a stealth or camouflaged structure, such as a flagpole-style tower, unless the District determines that another tower type is more appropriate for the specific site. A tower of up to 140 feet is permitted.

All antennas, mounts, cabling, equipment cabinets, shelters, fiber connections, backup power systems, and related appurtenances shall be designed and installed to minimize visual, operational, and safety impacts on the school campus.

Any tower or wireless facility shall be engineered to accommodate current and reasonably anticipated future wireless equipment, including 5G and successor technology, subject to structural capacity, District approval, and applicable law.

Hillsborough County Public Schools Page 4 of 45

The District and the selected lessee shall agree upon each site selected for development. The lessee may sublease tower, antenna, equipment, or ground space to other wireless providers only with prior District approval and only within the approved leased premises. The lead lessee shall remain solely responsible for all lease payments, rent, subtenant coordination, site management, compliance obligations, maintenance, restoration, and other responsibilities owed to the District.

1.3.2 Codes, Standards, Permitting, and Regulatory Compliance

The lessee shall be solely responsible for ensuring that the proposed wireless facility complies with all applicable federal, state, and local laws, codes, ordinances, permitting requirements, and industry standards. This includes, but is not limited to, requirements of the authority having jurisdiction, applicable building and electrical codes, zoning and land development regulations, the Federal Communications Commission, the Federal Aviation Administration, environmental and historic preservation review requirements, and applicable occupational safety requirements.

The lessee shall provide the district with written confirmation that the proposed facility has received all required approvals, permits, licenses, registrations, determinations, and authorizations prior to construction, installation, modification, or operation. The lessee to verify that proposals meet applicable codes and provide written confirmation from the authority having jurisdiction.

1.3.3 Structural, Engineering, and Site Requirements

The lessee shall retain properly licensed design professionals to prepare all required surveys, geotechnical reports, structural analyses, foundation designs, civil plans, electrical plans, grounding plans, RF compliance documentation, and construction drawings necessary for review and approval by the district and applicable permitting agencies.

At a minimum, the lessee shall provide:

• Boundary and site survey;

• Site layout and access plan;

• Geotechnical investigation;

• Structural calculations for the tower, mounts, antennas, and foundation;

• Foundation design;

• Wind load and exposure analysis appropriate for the site;

• Electrical service and metering plan;

• Grounding, bonding, and lightning protection plan;

• Security fencing and access control plan;

• RF safety documentation;

• Construction schedule and logistics plan;

• Restoration plan for disturbed District property.

1.3.4 Safety, Security, and Campus Compatibility

The lessee shall design, construct, operate, and maintain the facility in a manner that protects students, staff, visitors, contractors, and District property. Site access shall be coordinated with the district and shall not interfere with school operations, student arrival or dismissal, emergency access, bus circulation, parking, athletic activities, or other campus functions.

The facility compound shall be secured by fencing, locked gates, signage, and other security measures approved by the district. All work shall comply with applicable OSHA requirements and industry safety practices for communication tower construction and maintenance.

The lessee shall be responsible for maintaining safe construction practices, fall protection, rigging plans, crane and hoisting safety, lockout/tagout procedures, emergency response plans, site housekeeping, and worker training throughout construction, maintenance, modification, and removal activities.

Hillsborough County Public Schools Page 5 of 45

1.3.5 Utilities, Power, Fiber and Equipment

The lessee shall be responsible, at its sole cost and expense, for all utilities, electrical service, fiber connectivity, communication backhaul, backup power, grounding, metering, equipment cabinets, shelters, conduits, trenching, and related infrastructure needed to support the facility. The lessee shall furnish and install its own direct electrical meter unless otherwise approved in writing by the District. The lessee shall also be responsible for coordinating with the District regarding any new easements required on District property for electrical, utility, fiber, access, or other related utility services.

No hazardous waste, fuel, batteries, chemicals, or other regulated materials shall be stored, used, or disposed of on District property.

1.3.6 Maintenance, Repairs, Inspections, and Modifications

The lessee shall be solely responsible for the maintenance, repair, inspection, operation, replacement, upgrade, and safe condition of the wireless facility and all related improvements. The lessee shall keep the leased premises and surrounding District property in good condition and shall promptly repair any damage caused by the lessee, its contractors, subcontractors, sublessees, invitees, or wireless providers.

The lessee shall submit inspection reports, structural certifications, maintenance records, and post-modification documentation upon District request. Any material modification, equipment changes, antenna addition, replacement, collocation, generator installation, cabinet expansion, tower reinforcement, or change in leased area shall require prior written District approval and all required governmental approvals before work begins.

1.3.7 District Representative and Contract Administration

The selected provider shall assign a primary contract representative to manage all coordination with the District. The representative shall be responsible for lease administration, site access requests, subtenant coordination, construction notices, maintenance coordination, rent payments, insurance certificates, compliance documentation, emergency contacts, and District inquiries.

The representative shall respond to District requests within 48 hours unless a shorter response period is required due to safety, emergency, operational, or school-security concerns.

1.3.8 Revenue, Compensation, and Added Value

Proposals shall clearly identify the financial benefit to the district, including base rent, escalation provisions, sublease revenue, revenue sharing, one-time payments, in-kind benefits, technology enhancements, or other value-added compensation. The district is interested in maximizing contract value in a manner that benefits District operations and the community.

Proposers may include value-added options such as improved wireless coverage for District facilities, emergency communications support, fiber connectivity, public safety coordination, educational technology support, campus infrastructure improvements, or other mutually beneficial services, provided such benefits are lawful, clearly documented, and approved by the District.

1.3.9 Closeout, Removal, and Site Restoration

Upon expiration, termination, abandonment, or discontinuation of use, the lessee shall remove all towers, antennas, cabinets, shelters, fencing, foundations to the depth required by the District, utilities, debris, and related improvements unless otherwise directed in writing by the District.

The lessee shall restore the site to a condition acceptable to the District and shall remain responsible for all removal, restoration, environmental remediation, utility disconnection, and closeout costs.

1.3.10 Site Identification and Marketing of District Properties

The District continually acquires, develops, renovates, and disposes of properties to support its educational mission. To maximize revenue opportunities and improve wireless infrastructure deployment, the district may grant the selected lessee the right to evaluate, identify, and market District-owned properties for potential wireless communications uses.

Hillsborough County Public Schools Page 6 of 45

The lessee shall have the non-exclusive right, subject to District approval, to review and evaluate existing and future District-owned properties, including schools, administrative facilities, transportation facilities, support sites, surplus properties, newly acquired sites, and future school locations for their suitability as wireless communications facilities.

The lessee may market approved District sites to qualified wireless carriers and tower operators for the purpose of developing wireless communications facilities. No marketing activity, site commitment, letter of intent, lease, license agreement, collocation agreement, easement, right-of-way agreement, or other occupancy rights shall be binding upon the District without the District's prior written approval.

The District reserves the right to:

• Approve or reject any proposed site;

• Approve or reject any proposed carrier, tenant, subtenant, or infrastructure provider;

• Determine the appropriate facility type and site design;

• Establish site-specific operational requirements;

• Independently negotiate agreements if determined to be in the district’s best interest; and

• Exclude specific properties from marketing consideration.

The lessee shall periodically provide the district with:

• A list of evaluated sites;

• Site qualification reports;

• Marketing activities performed;

• Carrier interest and discussions;

• Proposed development opportunities; and

• Revenue projections associated with potential wireless facility deployments.

The district’s granting of marketing rights shall not obligate the district to approve any site, tower, antenna installation, collocation request, lease agreement, or telecommunications project.

1.4 PRICE/RATE PROVISIONS

All prices, costs, fees, and charges offered herein shall be firm against any increase for the initial term of the Agreement, unless mutually agreed upon or as stated otherwise in this solicitation or its addenda. The Contractor is responsible for notifying Procurement Services at least 60 days before any anticipated price changes. Any request for changes requires the submittal of bona fide 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. Surcharges are disallowed unless the above conditions are met. HCPS reserves the right to accept or reject, within 30 days. If HCPS denies the request for a price change, said items will cease to be ordered.

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Hillsborough County Public Schools Page 7 of 45

2 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.

2.1 DEFINITIONS.

The following terms shall have the following meanings.

2.1.1 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.

2.1.2 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.

2.1.3 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.

2.1.4 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.

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

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

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

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

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

2.1.10 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 8 of 45 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.

2.1.11 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.

2.1.12 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.

2.1.13 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.

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

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

2.2 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.

2.3 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.

2.3.1 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.

2.3.2 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.

2.4 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 9 of 45 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.

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

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

2.4.3 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.

2.4.4 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.

2.4.5 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.

2.4.6 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.

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

2.4.8 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.

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

2.4.10 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 or confidential status of the requested materials. By submitting a proposal in response to this solicitation, the Proposer

Hillsborough County Public Schools Page 10 of 45 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.

2.4.11 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.

2.4.12 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.

2.5 EVALUATION PROCESS

Procurement Services shall forward only those on-time proposals to the assigned HCPS Evaluation Committee (the “Committee”) for further evaluation. HCPS will not evaluate non-responsive, non-responsible proposals. The 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 11 of 45 o whether the information provided is in the required sequence to simplify the comparison of proposals.

2.5.1 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 for a maximum of 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 PHASE I: DESCRIPTION WEIGHT

Section 1. Specifications/Scope of Work. 25

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. 30

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

Section 6. Cost/Best Value. 35

The price proposal shall be evaluated to determine the overall best value.

Small Business Encouragement Program (SBEP) 10 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.

2.5.2 Evaluation Phase 2 (Optional). 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.

2.5.3 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 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.

2.5.4 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.

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• 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.

2.6 AWARD

2.6.1 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.

2.6.2 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.

2.6.3 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.

2.6.4 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.

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

2.6.6 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.

2.6.7 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.

2.7 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 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.

2.7.1 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.

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3 QUALIFICATIONS AND EXPERIENCE

3.1 CONTACT INFORMATION & CERTIFICATION

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

Local Contact Information

Account Representative Name

Title

Local Address

Phone Number

Cell Phone Number

Email Address

Fax Number

Signature of Owner or Authorized Officer

X

Date

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 or ☐ Fax ☐ Yes ☐ No. Is the vendor exempt from Workers’ Compensation? If yes, attach proof of exemption.

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

☐ Yes ☐ No. Is your company a small business enterprise certified with any of the following agencies?

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

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3.2 MINIMUM QUALIFICATIONS

The Proposer must provide, with their proposal, proof that they meet the following minimum qualifications. A Proposer submitting a Proposal failing to meet the minimum qualifications will be deemed non-responsible and not evaluated.

The Proposer must demonstrate the validity of the stated documents as of the Proposal's due date. The proposer must meet the following minimum requirements. Please indicate below whether you meet the following minimum requirements. You must explain each exception. All marked Exceptions require further explanation from the Proposer.

3.2.1 Experience (Corporate). The Proposer shall have been in the provision of the required commodities and contractual services herein for a minimum of three (3) years and must provide proof along with the proposal (including but not limited to):

• articles of incorporation; or

• Sunbiz.org screenshot (or equivalent from the Proposer’s home state if solely shipping commodities); or

• business tax receipts…).

__ Agreed __ Exception

3.2.2 Authorization To Do Business In The State of Florida. Unless solely shipping commodities, foreign (out-of-state) corporations and foreign limited partnerships must provide proof of authorization to do business in Florida.

Domestic corporations must be active and in good standing in Florida. The Proposer must provide proof of registration on www.sunbiz.org unless the Contractor provides only commodities via mail.

Florida Department of State, Division of Corporations Registration Requirements. Vendors required to be registered with the Florida Department of State, Division of Corporations, or those incorporated within the State of Florida must provide their Florida document number and written documentation of “active” status. All registered Vendors must have an active status to be eligible to do business with HCPS. A Vendor doing business under a fictitious name must submit their Bid using the company’s complete registered legal name, i.e., ABC, Inc. d/b/a XYZ Company. To register with the State of Florida, visit. www.Sunbiz.org.

__ Agreed __ Exception

3.2.3 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).

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

3.2.4 Subcontractors. The Contractor shall serve as the prime contractor, shall be responsible for all actions taken by its subcontractors, and shall bear all liability for the actions of its subcontractors under the Agreement. The Proposer must identify each subcontractor in the Proposal. Each subcontractor must obtain HCPS’ approval and comply with all the Contractor’s requirements herein. All references herein to the Contractor apply to the subcontractor(s) as well.

Subcontractor means any organization that the Contractor utilizes for the provision of commodities and contractual services subject to the Agreement. The Contractor must notify HCPS for prior approval as to the use of or replacement of any subcontractor.

__ Agreed __ Exception __ Not Applicable

Subcontractors to be utilized:

http://www.sunbiz.org/

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3.2.5 Proof of Insurance. The Proposer 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 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 Contractor to maintain the required insurance will constitute a material breach entitling HCPS to terminate this Agreement for default immediately.

__ Agreed __ Exception

3.2.6 Business Reference Forms (Completed by the…