26987 Brake Parts (4).pdf

Invitation for Bid (Bid) # 26987

Project Name: Brake Parts

Electronic Bid Submission Only

Bid documents must be uploaded to the BidNet Direct website PRIOR TO time and date indicated in the Schedule of Activities.

SCHEDULE OF ACTIVITIES

EVENT DATE

Issue Date July 15, 2025

Question Cut-off July 18, 2025 @ 10 a.m. District Time Addendum Issued July 21, 2025

Bid Closing July 22, 2025 @ 10 a.m. District Time

Table of Contents

GENERAL INFORMATION

PURPOSE

INSTRUCTIONS TO BIDDERS

CONSTRUCTION TERMS AND CONDITIONS OF THE PROJECT

SCOPE OF WORK & TECHNICAL SPECIFICATIONS

LIQUIDATED DAMAGES

BID SUBMISSION REQUIREMENTS

EVALUATION AND AWARD FACTORS

WARRANTY

BID TERMS AND CONDITIONS

BIDDER CERTIFICATION………………………………………………………………………………………………………… Attachment A BID FORM……………………………………………………………………………………………………………………………………...Attachment B

GENERAL INFORMATION

Jefferson County School District R-1 (District) is one of the largest school districts in Colorado, and serves a geographic area of approximately 800 square miles and has a current enrollment of approximately 69,000 students. The school district employs more than 14,000 full-time, part-time and casual staff members. Employees include teachers, bus

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The District has 84 elementary schools, 5 K-8 schools, 17 middle schools, 17 high schools, 12 option schools, 15 charter schools, 1 online school, 1 career Ed Tech School, and 2 outdoor laboratory schools. For more information, visit the website at http://www.jeffcopublicschools.org/

PURPOSE

The District is seeking to establish set pricing for listed items in Attachment B. All products must meet or exceed listed product specifications.

The District reserves the right to evaluate any item submitted as an alternative at the bidder’s expense. Upon request by the District, bidder will have three days to submit product samples.

Quantities are estimated with orders placed as needed over the contract year utilizing a District credit card or purchase order.

All order placed must be delivered within 24 hours or less after receipt of order unless otherwise notified and accepted.

INSTRUCTIONS TO BIDDERS

1. All contacts regarding this Bid must be done in writing through

Jade.paz@jeffco.k12.co.us. This restriction does not apply to District initiated communications to satisfy clarification questions.

2. No award shall be made to any person, firm or corporation that is in arrears upon any obligations to the District, or that otherwise may be deemed irresponsible or unreliable by the Director of Purchasing or designee.

3. In the event that a firm has contact with any official, employee or representative of the

District in any manner contrary to the above requirements, said firm may be disqualified from further consideration.

4. Bid submission must be written in the Standard English language.

5. EXAMINATION OF SITE and DOCUMENTS

Each Bidder shall visit the site of the proposed work at the scheduled time and shall completely inform himself relative to construction hazards, procedure, labor, and all other conditions and factors, local and otherwise, which would affect prosecution and completion of the work and its cost. Such considerations shall include, without limitations, the arrangement and condition of existing structures and facilities; the procedure necessary for maintenance of uninterrupted, safe operation, use and occupancy of existing facilities; the availability and cost of labor; and facilities for transportation, handling and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of the bid. Each bidder shall http://www.jeffcopublicschools.org/

Enter bid number and name Page 3 of 15 so fully examine the plans and specifications and acquaint himself with their requirements and with the conditions surrounding the construction on the site that he shall be fully familiar with and informed of all facilities, difficulties, and problems associated with or which might be incurred in the prosecution of the work. In case of disagreement between drawings and specifications or within either document itself, the better quality or greater quantity of work shall be figured in the bid (see GC. 6.04). It shall be the responsibility of the Bidder to direct the attention of the Owner in writing and at least seventy-two hours prior to the time set for the opening of the bids, any seeming inconsistencies, ambiguous requirements, omissions, or any other matter which seems to require explanation, and to request clarification. The submission of a bid shall be taken as prima facie evidence of compliance with this requirement and as an acknowledgment that the Bidder has received all the required documents and has visited the site. There will be no subsequent financial adjustment for lack of such prior information.

6. INTERPRETATION

No oral interpretations will be made by anyone to any Bidder as to the true meaning or requirements of any part of the drawings, specifications or other proposed Contract Documents. Every request for an interpretation shall be made in writing and addressed and forwarded to the Architect and the Owner not later than seventy-two hours before the date fixed for opening of bids. The person submitting the request shall be responsible for its prompt delivery. Every interpretation made to a Bidder will be in the form of an addendum to the Contract Documents, which, if issued, will be sent as promptly as is practicable to all persons to whom the drawings, specifications, and other proposed Contract Documents have been issued. All such addenda shall become part of the Contract Documents and their receipt shall be acknowledged in the Bid Proposal. The Owner will not be responsible for any other explanations or interpretations of the proposed Contract Documents.

7. PREPARATION OF BID FORMS

All forms must be prepared in single copy and in conformity with and be based upon and submitted subject to all requirements of the Contract Documents. They must be fully completed with all blanks appropriately filled in. Each bid shall be legibly written or printed in ink on the separate form provided. No alterations in bids, or in the printed forms therefor, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, the Owner may require the Bidder to identify any alteration so initialed. No alteration in any bid, or in the form on which it is submitted, shall be made after the bid has been submitted.

It will be the Bidder's responsibility to secure any and all addenda from the Architect. The Bidder will be required to acknowledge receipt of all addenda. Owner reserves the right to reject any bid which is received which has not been based upon all addenda issued by the Architect.

No Bidder may submit more than one bid. Multiple bids under different names will not be accepted from one firm or association.

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The Bidder is required to bid on all alternates and complete all blanks on the bid form. If alternates are called for on a type or method of construction as to which the Bidder does not desire to bid, he shall insert the words "NO BID". In case the Bidder desires to bid on an alternate, he shall set forth in the space provided therefor, the amount to be added or deducted from the base bid or in the event that the Bidder does not desire to make a change from the base bid, he shall so indicate by using the words "NO CHANGE". In the selection of alternates, the Owner reserves the right to select or reject any or all alternates in the proposal if, in the judgment of the Board of Education, or its designees, the best interest of the School District will be so served.

8. BID PERFORMANCE GUARANTIES (required if Base Bid is over $50,000)

Bid security (single copy) in the form of a cashier's check drawn on an acceptable bank or bid bond in the amount of at least ten percent of the bid price, payable without condition or qualification to Jefferson County School District No. R-1, shall accompany each bid, as evidence of good faith and as a guarantee that if awarded the contract, the Bidder will execute the Contract and give bond as required. The Bidder assumes all responsibility for furnishing acceptable bid security.

Bid security in the form of a bond will be accepted only if from a regularly established firm licensed to write such surety in the State of Colorado and which is rated not lower than A- in Best's Insurance Guide, latest edition, or have a Best's Financial Rating of X.

The bid security of each unsuccessful Bidder will be returned when the Construction Agreement is fully executed. The bid security will be voided but retained by the Owner, if, after the Notice of Contract Award, the Bidder shall enter into a Contract and file a satisfactory performance bond, labor and material payment bond, and certificates of required insurance, all within ten (10) calendar days after the date such notice is given by the Owner. The bid security of the second and third lowest responsible Bidders may be retained for not to exceed forty-five days after opening, pending the execution of the Construction Agreement and submission of bond by the successful Bidder.

This bid security may be retained by the Owner as liquidated damages, if the bid is accepted and a contract thereon is awarded but the successful Bidder fails to enter into a contract in the form prescribed with legally responsible sureties, within ten calendar days after date of Notice of Contract Award is given by the Owner.

The Owner shall require the Bidder to whom a Contract is awarded to furnish to the Owner both Performance and Labor and Material Payment bonds in the amount of one hundred (100%) percent of the Contract price, covering the faithful performance of the Contract and the payment of all obligations arising thereunder, and the Bidder will further provide warranties as required by the specifications or General Conditions

The bonds shall be executed on the forms included with the Contract Documents (forms shall not be removed from the Contract Documents; Bidders shall obtain original copies of the bond forms from the Owner). Accompanying each bond form shall be a "Power of Attorney" authorizing the attorney in fact to bind the surety company and certified to include the date of the bond.

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9. LIST OF SUBCONTRACTORS

The low bidder shall within twenty-four hours following the bid opening notify the Owner in writing of the entire list of subcontractors and suppliers of labor and material whose quotations he has used in preparation of his bid and whose services he proposes to use in construction of the project. The list must be complete showing all sections in the Construction Documents. Failure to submit such a list may preclude the bid from further consideration by the Owner. The Owner reserves the right to either disclose or not disclose the subcontractor list of the successful Bidder.

Each Bidder shall identify and fully disclose on such list all those subcontractors and suppliers proposed for the work with which the Bidder is connected either directly or indirectly as part owner, participant in profits and losses or in any other manner financially or economically.

10. PERMITS AND FEES

Each contractor shall secure and pay for the legal permits and inspection fees required for the execution of his work. The Owner is exempt from paying certain fees and it will be the contractor's responsibility to acquaint himself with the laws and regulations governing said fees. Attention is directed to the requirements of the General Conditions regarding obtaining permits.

11. TAXES

The Owner is exempt from the collection and payment of state sales and use taxes on any materials, supplies or other equipment used or installed in the work. Some cities and municipalities may charge a local sales or use tax for materials, supplies or equipment picked up by the contractor in that city or municipality for use at a job site outside of that city or municipality. In such cases the contractor, subcontractors and suppliers should have all building materials, supplies and equipment delivered to the job site by common carrier, by conveyance of the seller or by mail in order to be exempt from the local sales or use taxes. The contractor's bid proposal and any agreed upon variations thereof shall include the cost of any such taxes. For state sales and use taxes, it shall be the responsibility of the contractor and each subcontractor to complete and file an "Application for Exemption Certificate" with the Colorado Department of Revenue and submit copies of such Certificate to the Owner upon award of the contract and prior to commencing any work.

12. REFERENCE FOR LOCAL MATERIALS, LABOR AND RESIDENT BIDDERS

Preference is hereby given to materials, supplies and provisions produced, manufactured or grown in Colorado, quality being equal to articles offered by competitors outside of the state. Each contractor shall comply with the provisions of Colorado Revised Statutes, Sections 8-17-101 and 102, and 8-18-101 and 103 (as amended) giving preference to Colorado labor and materials in the performance of the work.

Preference shall also be given to resident bidders in accordance with provisions of Colorado Revised Statutes, Section 8-19-101 and 102 (1985).

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13. SIGNATURE OF BIDDERS

Each Bidder shall sign the bid form and bid bond using his usual signature and giving his full business address. If the Bidder is an individual, he must sign in individual capacity.

Bids by partnerships shall be signed with the partnership name followed by the signature and designation of one of the partners or other authorized representative. Bids by corporations shall be signed with the name of the corporation followed by the signature and designation of the president or other person authorized to bind the corporation and attested to by the secretary with corporate seal. Bids by joint ventures shall be signed by each participant in the joint venture or by an authorized agent of each participant. The names of all persons signing should also be typed or printed below the signature.

A bid by a person who affixes to his signature the word "president", "secretary", "agent", or other designation without disclosing his principal may be held to be the bid of the individual signing. When requested by the Owner, evidence of the authority of the person signing shall be furnished.

14. WITHDRAWAL OF BIDS

No Bidder may withdraw their bid for forty-five days after the scheduled time set for the opening thereof, or before award of the Contract, unless said award is delayed for a period exceeding forty-five calendar days.

15. MODIFICATIONS

No oral, telephonic, or telegraphic modifications will be considered.

16. ACCEPTANCE OF BIDS

The Owner reserves the right to accept the bid which in its judgment is the most responsible and best bid or to reject any and all bids and alternatives and to waive or disregard irregularities or informalities in any bid as it may deem to be in the best interest of the School District. The Board of Education or its designees may consider as irregular any bid on which there is an alteration of, or departure from, the bid form. All proposals received after the specified time of closing shall be returned unopened.

Final determination of compliance with specifications will rest with the Owner.

17. TIME OF COMPLETION

It is to be understood that time is of the essence for this Contract and the contractor will be required to perform the work within the allowable time set forth in the Contract. In this connection, attention is directed to the provisions of the General Conditions and Supplementary General Conditions, if any, relative to delays, extensions of time, and liquidated damages. The successful Bidder-contractor shall prepare and submit for the Owner's approval, within ten days after the Notice of Award, a Preliminary Construction Schedule or Schedules that will indicate the time of performance and completion of the

Enter bid number and name Page 7 of 15 various portions of the work and the dates on which the Owner may expect to be allowed to occupy portions of the building. A Detailed Construction Schedule shall be submitted by the Contractor prior to the submission of the first request for payment. No partial payment on account of work performed shall be made until such Detailed Construction Schedule has been approved by the Owner.

The Owner and the Contractor shall agree mutually on any changes in either the schedule or the rate of performance of the work which might either favorably or adversely affect such schedule dates. Unless otherwise specifically agreed in writing, no additional compensation or fee shall be paid by the Owner for any completion of all or any portions of the work earlier than scheduled.

18. APPLICABLE LAWS AND REGULATIONS

Each Bidder shall familiarize himself with all state and local laws, codes, ordinances, and regulations which might in any manner affect the work to be done; the materials to be supplied; the taxes, permits and fees to be paid; or the labor to be employed in and about the work. Any claim of misunderstanding or ignorance on the part of any successful Bidder will not in any way excuse such Bidder from the necessity of full compliance with every such law, code, ordinance, or regulation. All state laws, codes and regulations and local ordinances, which are applicable, shall be complied with including but not limited to those specified in these documents.

19. INSURANCE

The Contractor will be required to carry the types and amounts of insurance named in the General Conditions.

20. CONTRACTOR'S LICENSE

Any successful Bidder may be required by the Owner to obtain the necessary and applicable Contractor's License from all appropriate governmental authorities and if required, shall not allow any subcontractor to commence work on his subcontract until all similar provisions required of the subcontractor have been obtained and approved.

CONSTRUCTION TERMS AND CONDITIONS OF THE PROJECT

All work performed under this bid will follow the current versions of the District’s General Conditions (https://jeffco.ss12.sharpschool.com/cms/One.aspx?portalId=627965&pageId=926902) and Technical Guidelines (https://jeffco.ss12.sharpschool.com/cms/One.aspx?portalId=627965&pageId=926911) found at these websites.

https://jeffco.ss12.sharpschool.com/cms/One.aspx?portalId=627965&pageId=926902 https://jeffco.ss12.sharpschool.com/cms/One.aspx?portalId=627965&pageId=926911

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SCOPE OF WORK & TECHNICAL SPECIFICATIONS

The District reserves the right to evaluate any item submitted as an alternative at the bidder’s expense. Upon request by the District, bidder will have three days to submit product samples.

Quantities are estimated with orders placed as needed over the contract year utilizing a District credit card or purchase order.

All order placed must be delivered within 24 hours or less after receipt of order unless otherwise notified and accepted.

Brakes

• Brake linings must meet or exceed FMVSS121

• Brake linings are to be rated at least 20,000 lbs.

• Brake linings must be OEM equivalent.

• Brake linings must be kits to include both shoes, new hardware and springs.

• State if brake tables are new or relined.

Drums

• Drums must be manufactured to OEM standard.

LIQUIDATED DAMAGES

Not applicable for this project

The Bidder understands and agrees that the completion of the entire project within the time provided is an essential feature of this Agreement and that the Owner will sustain substantial damages, the amount of which is not possible to accurately determine at this time, if the work is not so completed. The Contractor, therefore, agrees to proceed with due diligence, taking all precautions and making all necessary arrangements to insure the completion of the work within the prescribed time. The Contractor further agrees that his failure to finally and fully complete the work within the time allowed shall be considered as a breach of the Agreement and entitle the Owner to collect liquidated damages for the delay in completion in accordance with the General Conditions of the Contract in the sum of N/A per calendar day.

BID SUBMISSION REQUIREMENTS

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Your response must contain the following information:

a. Attachment A - Completed and signed

b. Attachment B – Bid Form

c. Certificate of Good Standing from the State of Colorado

d. Required Insurance Certificate(s)

A confirmation number identified by BidNet Direct will indicate successful submittal.

EVALUATION AND AWARD FACTORS

Each bid will be evaluated as to the bid received. It is the intent of the District to make award to the lowest responsive, responsible bidder, however the District reserves the right to make multiple awards if determined to be in the best interest of the District.

WARRANTY

The Bidder represents that it understands the nature, location, services, the character of the equipment and facilities needed preliminary to and during the performance of the services, and the general and local conditions and all other matters which can in any way affect the services and is not relying on any representations or promises by the District except as set forth in this bid.

The Bidder warrants and guarantees to the District that all equipment and materials to be furnished under this bid are free from all defects in workmanship and materials. The Bidder further warrants, guarantees and agrees to remedy all such defects and to replace, at Bidder's expense and at no expense to the District, any or all labor, transportation, part or parts of the equipment or materials to be furnished under this bid which are or become defective due to such defects within 12 months after date of receipt, inspection, and acceptance by the District.

BID TERMS AND CONDITIONS

1. Bidder Agreement

By submitting a response, the Bidder agrees to all provisions of the BID. Any request for deviations from or exceptions to the technical requirements, data requirements, or terms and conditions of the Bid must be explained in detail on Bidder’s letterhead and included in the response.

2. Response Requirements Response must include all of the information requested. The District may reject responses that do not provide all information necessary for a complete understanding of the response or fail to answer all questions adequately.

3. Errors and Waivers The District reserves the right to waive any technical or formal errors or omissions, and to accept or reject in part or in whole any or all responses submitted.

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4. Award The Director of Purchasing or designee reserves the right to make an award, either in whole or in part, by item, category, or total, whichever is deemed to be most advantageous to and in the best interest of the District.

5. Price and Term Guaranties.

The successful Bidder(s) guarantees that prices will not increase during the initial term of the contract that results from the award. After the initial contract term, Bidder may request price increases in accordance with the terms of the contract. As a general rule, the terms of the contract will require that (i) the Bidder notify the District within a specified period of time before the expiration of the contract of its intent to increase prices and of the amount or rate of the price increase; (ii) the Bidder substantiate any increases, and (iii) the increase cannot exceed a specified cap. If the contract is silent on price increases, this requirement will apply: If the Bidder wishes to increase prices after the initial term of the contract that results from the award, the Bidder shall request the price increase no later than 90 calendar days before the expiration of the contract. The Bidder shall provide substantiation, in form and substance acceptable to the District, for any such price increase. Rates of increase shall be negotiated. Negotiations shall include manufacture increase letters and the Consumer Price Index for Metro Denver Consumers, as published by the United States Bureau of Labor Statistics in effect for the period of the preceding contract term. If prices decrease during the term of this contract, the successful Bidder must notify the District of the lower prices so that all subsequent orders will reflect accurate pricing.

6. BID Cancelation The District reserves the right to cancel at any time any awards occurring as a result of the BID and responses if it is determined by the Director of Purchasing that quality of product or Bidder service/performance is unacceptable.

7. Modification or Withdrawal of Responses Bidders may withdraw or modify their responses prior to the Response Deadline.

8. Addendum to BID In the event that it becomes necessary to supplement or modify this BID, District will issue an addendum. Bidders are responsible for reviewing https://www.bidnetdirect.com/colorado for addenda and updating their responses in response to such addenda.

9. Objections to BID Terms If Bidder objects to any provision of this BID, then Bidder shall submit the objection to the District Representative via email to the Purchasing Official listed in this solicitation document. The District will not accept or consider objections received after the closure of this BID.

10. Notice of Errors in BID If a Bidder becomes aware of an error or omission in this BID, then such Bidder will promptly notify the District Representative via email on or before seventy-two hours prior to the Response Deadline.

https://www.bidnetdirect.com/colorado

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11. Acceptance of BID Terms By submitting a response in response to this BID, each Bidder acknowledges and accepts that such response constitutes a binding offer in accordance with the terms and conditions of this BID. Each response MUST be signed by the Bidder or by the Bidder’s authorized representative.

12. Confidential/Proprietary Information The District is a public entity whose records are subject to public inspection in accordance with the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”).

Upon an award of contract to the successful Bidder, all responses, whether successful or not, will become public records subject to public inspection in accordance with CORA. For these reasons, the District discourages Bidders from submitting trade secrets or confidential commercial or financial information, unless absolutely necessary to respond to the BID. If Bidders intend to submit trade secrets or confidential commercial or financial information, Bidders will adhere to the following process:

a. Step 1. Bidder will package trade secrets and/or confidential commercial or financial information in a separately sealed envelope or file

b. Mark the envelope or file with “Confidential information”.

c. Include a statement in the Bid that (1) identifies the information located in the envelope or file marked “confidential Information” and (2) describes the basis, citing relevant provisions of CORA, on which the Bidder wishes to exempt the content of the package or file from public inspection under CORA.

Adhering to this process may protect Confidential Information from public disclosure to the extent allowed and required by CORA and other applicable laws. The District does not guarantee that following this process will in fact protect Confidential Information from CORA disclosure.

In the event of a CORA request or other legal process compelling disclosure, the District will comply with its legal obligations. The District will determine, in its sole discretion, what its legal obligations are.

Warning: Markings or labels such as “Confidential,” “Proprietary,” or similar wording on any part of a proposal that is not included in a separate electronic file folder as described in the process above will not protect the information from disclosure under CORA. The District may consider such markings a waiver of any claim of actual confidentiality or trade secret and disregard such markings for CORA purposes. A proposal that commingles both Confidential Information and information that the Bidder does not consider Confidential Information may be subject to CORA disclosure in its entirety.

13. Pricing Estimated response prices are not acceptable. Response prices will be considered a Bidder’s best and final offer, unless otherwise stated in the BID. Bidders will guarantee response contents and fees for a period of 180 days from the response date. The unit price for each item will be for the unit of measurement specified. All trade discounts and terms of payment must be reflected within the unit price. All prices must be bid at a firm price, F.O.B. Destination with inside delivery. Prices will remain firm for the term of the contract, except as otherwise agreed by the parties. If a lower price is offered to a single government agency, school district, or governmental purchasing cooperative during the term of the contract, the District shall be notified, and contract amended to reflect the decreased prices.

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14. Selection of Response.

As described within the BID, the District will review responses in accordance with the Evaluation Criteria and make a recommendation for award to the responsible Bidder(s) whose response is determined to be most advantageous to the District, in the District’s sole discretion.

15. Award of Contract(s) Except as otherwise provided in this BID, the successful Bidder(s) will sign the District contract. In the event the parties are unable to enter into a contract, the District, in its sole discretion, may cancel the award or make the award to the next most responsible Bidder.

16. Federal Funding If this award to the BID is in part or wholly funded through Federal funds, the Bidder shall comply with the applicable Federal mandated terms, which will be made a part of the District contract and are also posted on the District’s website.

17. Multiple Award The District reserves the right to award this BID in part, to multiple Bidders, if the District determines this to be in the best interests of the District.

18. District Contract A sample of the District contract form is included with the Bid as Attachment B: District Contract. The Bidder or Bidders receiving and accepting an award or awards under this BID are expected to execute a contract on the District’s template contract form with terms and conditions substantially as set forth the Attachment. The District may update its template contract forms from time to time, even after the issuance of this BID. If a Bidder desires to propose modifications to the District contract, then the Bidder must do so as part of their bid response. The District, in its sole discretion, may accept, reject, or further negotiate Bidder modifications to the District contract.

Bidders are encouraged to conduct their legal review of the District’s contract prior to submitting a response to this BID. Except as identified in its response, Bidder’s signature on the Bidder Certification constitutes an agreement that the Bidder will accept the District contract terms and conditions substantially as set forth in the Attachment.

19. Incorporation into District Contract Any statements, attachments, or exhibits submitted as part of the successful response may be incorporated into and made a part of the District contract.

20. Acceptance of Response Content The contents of the Bidder’s response to the BID (including persons specified to implement any project) will become contractual obligations if the Bidder is selected for an award of contract. Failure of the successful Bidder to accept these obligations in a contract, purchase order, or similar authorized acquisition document may result in cancellation of the award and such Bidder may be ineligible for consideration in future solicitations.

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21. Protest

Protests of a solicitation or an award of contract shall be conducted and resolved in accordance with District Policy DJE.

22. District Ownership of Responses Responses will become the property of the District after the Response Deadline and will be considered public records and thus accessible to the public under applicable law, except as set forth in this section.

23. Incurring Costs The District is not liable for any cost incurred by Bidders prior to issuance of a legally executed contract, purchase order, or other authorized acquisition document. Bidder has no property interest, of any nature, in the subject matter of this BID, any award, or a contract until a contract signed by the authorized representatives of the Bidder and the District.

24. Non-Discrimination The Bidder shall comply with all applicable State and Federal laws, rules and regulations, and District policies, prohibiting discrimination, intimidation, or harassment on the basis of ethnicity or race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, genetic information, age, veteran status, or disability.

25. Rejection of Responses The District, through the Director of Purchasing or designee, reserves the right to reject any or all responses and to waive informalities and minor irregularities in responses received and to accept any portion of a response or all items proposed if deemed in the best interest of the District. The District will not award a contract to any Bidder who is in default of any obligations to the District, or that otherwise may be deemed irresponsible or unreliable by the Director of Purchasing or designee.

26. Parent Company If a Bidder is owned or controlled by a parent company, the name, main office address and parent company's tax identification number shall be provided in the response. The tax identification number provided must be that of the Bidder responding to the BID.

27. News Releases Bidders SHALL NOT make any news releases or engage in any other publicity relating to this BID, BID responses, or resulting contracts without prior written approval by the District.

28. Certification of Independent Pricing Determination Bidder shall comply with all applicable federal, state, and local laws relating to anti-trust, anti-collusion, price-fixing, and other protections of fair trade and fair competition.

Except as a Bidder may otherwise disclose with particularity in its submission of a response, the Bidder certifies that the prices and other terms in the response have been arrived at independently without any illegal consultation, communication, agreement with, or knowledge of the contents of the quote, bid, or offer by, any other competing

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Bidder. For purposes of this paragraph, “consultation, communication, agreement with, or knowledge” does not include knowledge of prices or terms gained through availability of established price lists or catalogues made available to the public by the competing Bidder. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

29. Reservation of Rights The District reserves the right to:

a. reject any and all responses received as a result of this BID;

b. waive or decline to waive any informalities and any irregularities in any response or responses received;

c. request clarification(s) of the Bidder’s response;

d. adopt all or any part of the Bidder’s response;

e. Negotiate changes in the scope of work, specifications or service to be provided;

f. withhold the award of contract for any reason;

g. make updates and changes to its District contract;

h. select the Bidder it deems to be most qualified to fulfill the needs of the District.

i. cancel the BID at any time without penalty.

j.

30. Confidentiality of District Information The Bidder acknowledges that it may encounter confidential information contained in the records of the District. The confidentiality of all information will be respected, and no confidential information shall be distributed or sold to any third party nor used by the Bidder or the Bidder’s employees, subcontractors or assignees in any way except as expressly authorized in writing by the District, nor be retained in any files of the Bidder.

No reports, information, or data that the District provides to the Bidder or that is prepared by the Bidder in connection with this BID shall be made available by the Bidder to any individual or organization without the prior written approval of the District.

Disclosure of such information may be cause for legal action against the Bidder. Defense of any such action will be the sole responsibility of the Bidder. If applicable, the Bidder will be required to agree to the District’s Data Protection provisions.

31. District Board of Education Approval Depending on the final scope of services as determined by the District, it may be necessary to receive Board of Education approval prior to issuance by the District of a purchase order or execution of a contract.

32. Service Commitment The Bidder will commit that the level of service (number and experience of people and hours) and identified personnel committed to the District in the Bidder’s response will be maintained throughout the resulting contract, including extensions. If the successful Bidder wishes to make key staff changes during the term of the contract, including any extensions, the District requires pre-approval by the District of such key staff’s replacement.

33. Criminal Record Verification Where required by law or District policy, the Bidder will be required to pass a criminal background check on itself (if the Bidder is an individual) and any employee, Enter bid number and name Page 15 of 15 subcontractor or other agents of the Bidder providing services under the District contract on District property. The Bidder (if the Bidder is an individual) and employees, subcontractors or other agents of the Bidder who have been convicted of, pled nolo contendere to, or received a deferred sentence or deferred prosecution for a felony, or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, will not be allowed to work on District property for this contract. The Bidder may be required to complete the District’s Criminal Records Check Certification. Bidder shall adhere to any Federal, State, and Local privacy and confidentiality requirements.

34. Payment Method The District payment terms are net 30 days unless otherwise negotiated. Payment will be processed upon receipt by the District of an itemized invoice. Each purchase order will be invoiced separately. All invoices shall be submitted to apinvoices@jeffco.k12.co.us.

mailto:apinvoices@jeffco.k12.co.us