402_27 Hazardous Material Consultant Service.pdf

BOARD OF EDUCATION

Kristin McCabe, President

Katie Gregory, Vice President Kimberly Dove • Sara Gillespie

Michelle Morancie, Ph.D. • Lillie Pozatek Franchesca Warren

Mike Looney, Ed.D., Superintendent

DATE: June 23, 2026

TO: All Offerors

FROM: Angela R. Young Executive Director of Contracting

RE: Request for Qualifications No. 402-27, Hazardous Materials Consultant Services

Fulton County Schools (FCS) invites you to submit qualifications for furnishing any or all professional consulting services, design, labor, and materials to provide Hazardous Materials Consultant Services for various Fulton County School (FCS) projects.

Submittals will be received digitally until 2:30 p.m. EST on July 23, 2026 through Euna Procurement (Bonfire) at https://fultonschools.bonfirehub.com or via the Euna Procurement (Bonfire) link on the FCS Contracting website at https://www.fultonschools.org/contracting.

A pre-submittal video conference via Microsoft Teams is scheduled for June 30, 2026 10:00 a.m. EST.

We encourage all offerors to join. The meeting link will be issued within 48 hours of meeting via Public Notice in Euna Procurement (Bonfire).

Questions regarding the submittal process shall be submitted via Euna Procurement (Bonfire). Only questions received prior to 4:00 p.m. EST on July 9, 2026 will be considered.

Submittals are legal and binding upon the Offeror when submitted.

Selection criteria are outlined in the Request for Qualifications documents. FCS reserves the right to accept or reject any or all submittals and to waive any formalities and to make an award deemed in their best interest. Award notification will be posted after award at https://fultonschools.bonfirehub.com or by visiting the FCS Contracting website at https://www.fultonschools.org/contracting. All successful vendors will be required to provide the requested information.

We look forward to your submittal and appreciate your interest in doing business with Fulton County Schools.

https://fultonschools.bonfirehub.com/ https://www.fultonschools.org/contracting https://fultonschools.bonfirehub.com/ https://www.fultonschools.org/contracting

SUBMITTAL CONDITIONS

SECTION I – PREPARATION AND SUBMISSION OF SUBMITTALS

CAPITAL PROGRAM CONTRACTS

5270 Northfield Boulevard, College Park, Georgia 30349 • 404-669-8974 • www.fcscpcontracts.org

1. INTRODUCTION

a. To be entitled for consideration, sealed submittals shall be presented in accordance with the instructions of this solicitation and within the time constraints stated.

b. FCS reserves the right to accept or reject any or all submittals and to waive minor irregularities and technicalities. The judgement of FCS on such matters shall be final.

c. The terms Bidder, Vendor, Contractor and/or Offeror are synonymous in this document and refer to the person, entity or firm that submits the proposal in response to this

RFQUAL.

2. REQUEST FOR QUALIFICATION PROCESS:

This solicitation is a Request for Qualification (RFQUAL). In using this method for solicitation, we are asking the marketplace for its best effort in seeking qualified vendors for the requirements of this solicitation. The submittal(s) submitted by the Offeror will be evaluated by an evaluation committee. Offeror(s) should make their best effort to satisfy the requirements at their best price because a contract may be awarded based on the initial evaluation. Often however, it will be necessary to hold discussions and/or demonstrations with the Offeror(s) about their submittal(s).

This will be done after the initial evaluation. The results of the evaluation will be reviewed, and a “competitive range” will be selected for discussions. Essentially, if an Offeror’s proposal is not evaluated as having a chance for contract award because of the content of the submittal, the submittal will be dropped from the competitive range to save time and money for both the Contractor and FCS.

Offerors in the “competitive range” will be notified of the weaknesses in their submittal(s) and given an opportunity, in discussions, to assure they understand the weaknesses. At the end of discussions with all Offerors, best and final offers (BAFO) will be accepted from the Offeror(s) in the competitive range.

The BAFOs will be evaluated, and the results reported to a source selection official who will select the submittal that is deemed to be qualified. This selection will then be presented to the Fulton County Board of Education for approval. If approved by the Board and other matters (insurance, bonds, etc.) are agreed upon, the firm will become eligible for project assignments.

3. GOVERNMENTAL ENTITY

a. The governmental entity, the owner, for whom the work will be executed is:

Fulton County School District, Georgia (hereinafter “FCS”).

b. The Owner’s Representative will be FCS Capital Improvement Program.

http://www.fcscpcontracts.org/

4. PREPARATION OF SUBMITTALS

a. All proposals shall be submitted via Euna Procurement (Bonfire). The person submitting the proposal can make changes prior to the deadline.

b. Specifications used are intended to be open and non-restrictive. Potential Offeror(s) are invited to inform the FCS Contracting Department in writing whenever specifications or procedures appear not to be fair and open. Such information should be supplied as early in the procurement process as possible. Information received after 4:00pm EST July 9, 2026, will not be acted upon unless the FCS Contracting Department rules that it is in the best interest of FCS to consider.

c. By submitting a submittal, the firm warrants that any services provided to FCS will meet or exceed the specifications set forth in this solicitation.

d. The FCS Contracting Department will be the sole judge in making the determination as to the quality and the appropriateness of the goods and services proposed as well as the responsiveness and responsibility of the Contractor.

e. If any supplies, materials, and equipment are provided to FCS under this solicitation, then such items shall be new and in first-class condition unless the solicitation specifically allows offers of used, reconditioned, or remanufactured items. If newly manufactured products are specified, such products shall be of recent origin and not previously used. No equipment of any type is acceptable if serial numbers or any other manufacturer’s identification labels or marks have been removed, obliterated, or changed in any way. A Contractor delivering any such equipment to FCS will be deemed to have breached the contract, and appropriate action will be taken by the FCS Contracting Department.

f. Time of delivery is a part of the solicitation and an element of the contract that is to be awarded. If the Contractor cannot meet the required delivery date, a submittal should not be submitted. Contractors may provide alternative schedules and/or delivery dates in their submittals. Time shall be stated in “calendar” days. Failure to deliver in accordance with the contract awarded could result in the Contractor being declared in default.

g. An authorized officer of the company shall submit submittals.

h. The Contractor covenants with FCS to furnish its professional skill and judgment with due care in accordance with the care and skill normally exercised with experienced and competent, licensed employees performing the same or similar services at the same time and place and in accordance with any specific requirements of the solicitation (the “Standard of Care”). The Contractor acknowledges and agrees that the Standard of Care is a material term of this solicitation.

5. TAXES

FCS is exempt from all state sales tax and Federal Excise Tax. These taxes shall not be included in proposals. However, in the event taxes are required by state or federal law for the services or products outlined in this proposal, such taxes shall be the sole responsibility of the Contractor unless otherwise stated in writing and agreed to by FCS.

6. CHARGES AND EXTRAS

Proposals shall define all pricing and all pricing must remain firm for each year that the contract is in effect. When stating equipment pricing at minimum the stated price shall be F.O.B.

destination to include all charges for delivery, unloading, placing in our buildings as directed by the authorities in the buildings, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, costs of bonds and any other cost. Any additional work, such as installation shall be clearly stated in the proposal.

7. ADDENDA

Offeror(s) are notified that they must thoroughly examine proposal documents which include, Submittal Conditions, Specifications, Request for Sealed Submittal and Offeror’s Checklist, together with Addenda thereto issued prior to the receipt of proposal.

Any addenda issued during the time of solicitation shall be included in the proposal, and each will be incorporated in the subsequent contract. If any person or firm contemplates submitting a proposal and is in doubt as to the meaning of any part of the solicitation documents, they may submit a request to the Contracting Department via Euna Procurement (Bonfire) for interpretation.

Interpretations of submittal documents will be made by Addenda only. Copies of all addenda will be posted via Euna Procurement (Bonfire) for all who have obtained a set of submittal documents from the Contracting Department to use in the preparation of submittals. FCS will not be responsible for any other interpretations or explanations.

No oral interpretations will be made to Offeror(s) as to meaning of submittal documents.

Requests for such interpretations shall be made via Euna Procurement (Bonfire). Failure on the part of the Contractor to do so shall not relieve them of the obligation to execute such work in accordance with a later interpretation by FCS. All interpretations made to the Offeror(s) shall be made in the form of an addenda to the submittal documents and will be posted via Euna Procurement (Bonfire). Offeror(s) are strongly urged to make arrangements to visit and inspect the site(s) prior to submitting if the configuration, structure, condition, etc. of the site will influence the proposal for contract performance

8. WITHDRAWAL OF SUBMITTALS

After the RFQUAL closing, FCS Contracting Department, at its sole discretion, will permit withdrawal only when the best interest of FCS is served. If withdrawal is allowed, FCS reserves the right to determine that the Contractor is chronically not responsible

9. ADDITIONAL TERMS NOT BINDING

FCS shall not be bound by any terms and conditions included in any Offeror’s proposed contract(s), including but not limited to, terms and conditions related to any provided service or good, limitations of the Offeror's liability or any other third party's liability, limitation of warranties, packaging, invoices, service catalog, brochure, technical data sheet, electronic disclosures, electronic agreements, or other document which attempts to impose any conditions at variance with or in addition to the terms and conditions contained in this solicitation, FCS’ purchase order related to this solicitation or contract.

FCS encourages the submission of value-added recommendations by Offeror but discourages the submission of terms which negate or conflict with the terms and conditions of this solicitation (See Section eight (8) below). If Offeror has additional terms and conditions, including but not limited to supplemental contracts or purchase orders, that Offeror is proposing, then Offeror must provide a list of the documents and a copy of each document in the listed order, with the Offeror's initial RFQUAL response. Additional documents proposed by Offeror may not incorporate other documents by reference - all documents Offeror proposes FCS consider must be listed and attached to Offeror's Submittal. No additional terms, conditions or documents will be considered after the submittal due date unless specifically requested by FCS.

10. EXCEPTIONS AND PROPOSED CONTRACT MODIFICATIONS

The terms and conditions contained in this solicitation comprise the contract terms and conditions proposed by FCS. FCS does not intend to make changes to those terms and conditions, unless necessary to clarify the scope of work and/or technical requirements.

Offeror may lose up to 10 points for substantive modifications proposed by Offeror which materially differ from the RFQ terms and are likely to, in the opinion of FCS, require substantial legal negotiations to resolve. In addition, failure to accept the RFQ terms and conditions may result in significant unacceptable delays in FCS’ ability to award a contract and may also result in an Offeror’s submittal being deemed to be nonresponsive.

Nonetheless, if an Offeror must take exception to the contract terms, the exceptions to the scope of work and/or technical requirements must be clearly identified along with the reason for the exception and submitted with Offeror's proposal on the Offeror’s Exception Form.

Similarly, if Offeror must propose modifications to the solicitation's contractual terms, then Offeror must use the Offeror’s Modification Form to specifically identify the contract provision Offeror seeks to modify, the reason for the proposed modification and Offeror must provide the specific contract language Offeror proposes to substitute in place of the provision.

Offerors who submit a proposed or sample contract must still specifically identify each proposed modification using the Offeror’s Modification Form.

Proposed exceptions and proposed modifications must not conflict with or attempt to preempt the mandatory requirements set forth in the Special Stipulations Section of this solicitation.

No exceptions or proposed modifications will be considered after the submittal due date unless such modification is specifically requested by FCS. Offerors are cautioned to limit exceptions and proposed contract as they may be determined to be so material as to cause rejection of the Submittal as non-responsive. All exceptions and proposed modifications shall be evaluated in accordance with the appropriate evaluation criteria established by FCS and may result in the Offeror receiving a less favorable evaluation than without the stated exceptions and proposed contract modifications. Exceptions and modifications which grant the Offeror an impermissible competitive advantage as determined by FCS in its sole discretion will be rejected.

If there is any question whether a particular exception or modification would be permissible the Offeror is strongly encouraged to inquire via Euna Procurement (Bonfire) prior to the deadline for submitting questions

No exception or proposed contract modification shall be binding on FCS unless specifically accepted by FCS in writing and acknowledged by FCS as a change to the terms of the solicitation.

11. COMPLIANCE WITH LAWS

All goods and/or services furnished shall comply with all applicable Federal, State and Local laws, codes, rules, ordinances and regulations, including but not limited to all FCS policies, procedures, operating guidelines and/or regulations. Offeror must and shall comply with all applicable federal, state, and local laws, rules, and regulations, as the same may be amended or supplemented from time to time, including but not limited to those pertaining in any way to the privacy, confidentiality, security, management, and disclosure of FCS data, including student data, personnel information and other confidential information.

This section is not subject to exception or modification under the “Exceptions and Proposed Contract Modifications” as outlined in Section I, Paragraph 10, above.

All property or services furnished in an Agreement resulting from this solicitation shall comply with all applicable Federal, State and Local laws, codes and regulations.

If the objection is specifically accepted by FCS it will be reflected in writing. If not so reflected, the terms and conditions shall remain as written in the solicitation.

12. PROTESTS

Protests dealing with the specification, or the solicitation shall be filed not later than three (3) working days prior to submittal opening date. Other protests shall be filed not later than three (3) working days after submittal opening date, or if the protest is based on subsequent action of FCS, not later than three (3) working days after the aggrieved person knows or should have knowledge, of the facts given rise to the protest. Protests are considered filed when received by the Executive Director of Contracting. Protests which are not filed in a timely manner, as set forth above will not be considered.

Contractor agrees to pay for FCS’s reasonable attorney’s fee and expenses of litigation for any protest arising out of this solicitation in which FCS is a prevailing party. Only Contractors who participated in the solicitation are eligible to protest.

13. PURCHASING POLICY AND OPERATING GUIDELINES

The FCS Purchasing Policy and Operating Guidelines DJE and Regulations are incorporated into this solicitation (and, therefore, any contract awarded as the result of this solicitation) by reference. By participation in this solicitation an Offeror, potential Offeror or Contractor agrees to be bound by the FCS Purchasing Policy and Operating Guidelines DJE and Regulations on any issue or action related to this solicitation or subsequent contract resulting from this solicitation.

Those wishing to do business with Fulton County Schools are required to complete our supplier questionnaire and register on Ariba, which is the business network used by FCS for receiving electronic responses to our solicitations, sending purchase orders, and receiving invoices. If your company is not currently registered to do business with FCS on the Ariba Business Network, please send an email to wecare@fultonschools.org for information on how to start the process.

mailto:wecare@fultonschools.org

SECTION II – CONTRACT AWARD

1. FORM OF AGREEMENT

Hazardous Materials Consultant Services will be procured through a Task Order Agreement (see Appendix IV for the form of agreement).

2. EXECUTED AGREEMENT

Task Order Agreements will be executed with the responsible Offerors whose submittals are determined to be the most advantageous and of best value to Fulton County Schools. Sealed qualification submittals will be evaluated on a combination of factors (see the RFQUAL portion of this solicitation for weighted evaluation factors).

3. CONFLICTS IN TERMS AND CONDITIONS

In the event of a conflict between terms and conditions in any document that will be part of the Agreement, the more stringent term or condition shall govern.

4. OFFEROR’S APPLICATION FORM

In order to register your company with FCS’ vendor database, each Offeror will need to go to the FCS Capital Program Contracts website on the World Wide Web at www.fcscpcontracts.org and complete the vendor application.

5. TERMINATION FOR CONVENIENCE

FCS reserves the right to terminate for convenience, at any time for any reason with no penalty, any Agreement awarded through this solicitation by providing the Contractor with thirty (30) days written notice. In the event of termination for FCS’ convenience, the Contractor shall only be compensated for services properly performed prior to termination. The Contractor waives its right to pursue FCS for damages other than those specifically set forth above in this Section.

6. TERMINATION FOR DEFAULT

In the event any property or service to be furnished by the contractor under a contract or purchase order should for any reason not conform to the specifications contained herein or to the sample submitted by the contractor with this Request for Qualification, the FCS may reject the property or service and may terminate the Agreement for default.

Prior to a termination for default, a Contractor will be given the opportunity to respond to a “cure notice” and/or a “show cause notice”. In either case the Contractor will be expected to either correct the offending situation or provide an acceptable plan and time frame for correction within five (5) days of receipt or refusal of either notice. Failure to do so will be cause for termination.

http://www.fcspurchasingdept.org/

SECTION II – CONTRACT AWARD

In such event with specific instructions by the Executive Director of Contracting, the Contractor shall immediately remove the property without expense to FCS and replace all rejected property with such property or services conforming to the specifications or samples.

Notwithstanding the foregoing, FCS reserves the right to terminate the contract immediately upon written notice to Contractor, without first providing an opportunity to cure, in the event of a default by Contractor constituting an immediate threat to health, safety, student data privacy, plan data privacy (including plan participant data privacy), property, and/or involving illegal activity.

SECTION III – OTHER

1. NON-DISCRIMINATION

The Offeror, by the submission of a proposal or the acceptance of an order or contract, agrees that in providing the goods and services covered under the proposal or contract not to discriminate in any way against any person or persons or refuse employment of any person or persons on account of race, color, religion, age, disability, national origin, sex, or any other legally protected status.

2. FCS NON-DISCRIMINATION

FCS does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, or any other legally protected status in any of its employment practices, education programs, services or activities.

3. MINORITY AND FEMALE BUSINESS ENTERPRISES

It is the intent of FCS to assure that Small Business Enterprises (SBE), Minority Business Enterprises (MBE) and Female Business Enterprises (FBE) have an equal opportunity to participate in FCS Contracting solicitations.

4. DRUG-FREE WORKPLACE

By submission of a submittal, the Offeror certifies that it will not engage in the unlawful manufacture, sale, distribution, dispensation, possession or use of a controlled substance or drug during the performance of the Agreement and that a drug-free workplace will be provided for the Offeror’s employees during the performance of the Agreement. The Offeror also certifies that he will secure from any sub-consultant who works on the project for Offeror, written certification of the same drug free workplace requirements. False certification or violation by failing to carry out requirements of O.C.G.A. § 50-24-3 may result in suspension or termination of this Agreement or disqualification of such Offeror to participate in any future FCS projects.

5. CERTIFICATION OF NONCOLLUSION

By submitting a submittal the Offeror certifies: “that this submittal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a submittal for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud and that collusive pricing is understood to be a violation of State and Federal law and can result in fines, prison sentences and civil damage awards.”

6. AUTHORIZED OFFICIAL

It is agreed that all conditions of the submittal shall be abided by and that the person signing this submittal is authorized to sign the submittal for the Offeror. In any event in which this solicitation is terminated or cancelled, in whole or in part, or all proposals are rejected, there shall be no liability on the part of FCS for any costs incurred by Offerors or potential Offerors in relation to the solicitation.

7. SOLICITATION TERMINATION

In any event in which this solicitation is terminated or cancelled, in whole or in part, or all submittals are rejected, there shall be no liability on the part of FCS or the Board of Education for any costs incurred by Offerors or potential Offerors in relation to the solicitation.

8. RIGHTS AND REMEDIES

The rights and remedies of FCS provided above shall not be exclusive and are in addition to any other rights and remedies provided by law.

9. SPECIAL STIPULATIONS- MANDATORY

The following special stipulations are binding upon Offeror and FCS and may not be modified or amended. These special stipulations are not subject to the “Exceptions and Proposed Contract Modifications” outlined in Section I, Paragraph 7, and these special stipulations shall supersede and govern in the event of any conflicting term or provision. Failure to accept these special stipulations may result in your submittal being declared non-responsive.

(a) GOVERNING LAW. This solicitation and any Agreement arising out of the solicitation shall be interpreted under, governed by and construed in accordance with the laws of the State of Georgia applicable to contracts made and performed in such state. Jurisdiction and venue of any action relating to the interpretation and enforcement of this Agreement shall be proper only in the Superior or State Courts of Fulton County, Georgia or in the U.S. District Court, Northern District of Georgia, Atlanta Division. Offeror consents to the exclusive jurisdiction of the state and/or federal courts of the State of Georgia, in Fulton County and to the personal jurisdiction of such courts and waives any objections Offeror may now or hereafter have based on venue or forum non-conveniens.

(b) PROHIBITIVE AGREEMENTS. To the extent required by applicable law, any provision contained in any Offeror document that violates the prohibition against a pledge of credit by FCS or requires FCS to expend funds for purposes other than educational purposes, or constitutes a waiver of FCS' sovereign immunity, or constitutes an illegal gratuity, or requires FCS' indemnification of Offeror is null and void.

(c) CONFIDENTIALITY, PRIVACY, AND SECURITY. The Offeror's employees, agents and subcontractors may have access to or become aware of FCS’s confidential information including without limitation FCS’s strategic plans, employee data, student data, and other such information of FCS (collectively referred to as “FCS Data”). Offeror shall presume that all information received pursuant to the contract or in the course of fulfilling Offeror's responsibilities under the contract is confidential information unless otherwise expressly designated by FCS. Should Offeror receive FCS Data as part of its services, Offeror must preserve and protect the confidentiality of FCS Data and prevent unauthorized disclosure and use of FCS Data, as required by this Agreement and state and federal law. Offeror will only use FCS Data for the purposes of the services contemplated in this proposal. FCS Data shall not constitute that information that is already public, has been completely and thoroughly anonymized or deidentified, or anonymous usage data regarding a student’s use of Offeror’s products or services. These terms and conditions apply to any Offeror that receives, uses, maintains, accesses, or stores FCS Data.

i) Industry Standards. Offeror shall meet all applicable industry standards concerning data privacy, data protection, confidentiality, and data security. Offeror agrees to maintain security protocols that meet industry best practices in the transfer or transmission of any FCS Data, including ensuring that data may only be viewed or accessed by parties legally allowed to do

so. Offeror shall maintain all data obtained or generated pursuant to this Agreement in a secure computer environment and not copy, reproduce, or transmit FCS Data obtained pursuant to this Agreement, except as necessary to fulfill the purpose of this Agreement. The foregoing does not limit the ability of Company to allow any necessary service providers to view or access FCS Data as set forth in this Agreement.

ii) Legal Compliance. Offeror represents and warrants that it will comply and assist FCS in compliance, in all material respects, with federal and state laws and regulations regarding privacy of information and confidentiality of student educational records, including, without limitation, the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C § 1232g, the Protection of Pupil Rights Amendment (“PPRA”), 20 U.S.C. § 1232h, the Children's Online Privacy Protection Act (“COPPA”), 15 U.S.C. § 6501, and the Georgia Student Data Privacy, Accessibility, and Transparency Act (O.C.G.A. §§ 20-2-660 et seq.) (“SDA”).

iii) Offeror as School Official. To the extent Offeror has a legitimate educational interest in student educational records and information and must access, maintain, or use such records and information in order to provide services to or on behalf of FCS and its employees, agents, teachers, and students, FCS designates Offeror a “school official” within the meaning of FERPA. Offeror will be under the direct control of FCS with respect to the use and maintenance of personally identifiable information and education records, as those terms are defined by FERPA, and Offeror may use personally identifiable information and education records only for the purpose of performing its obligations under this Agreement and as authorized by the state and federal laws referred to in ii) Legal Compliance cited above.

iv) Offeror as Operator. Offeror shall comply with the SDA to the extent Offeror is an “operator” as defined by the SDA. Specifically, Offeror shall not: (1) use student data to engage in behaviorally targeted advertising based on any student data and state-assigned student identifiers or other persistent unique identifiers that Offeror has acquired because of a student’s use of Offeror’s website, service, or application; (2) use information created or gathered by Offeror’s website, service, or application to amass a profile about a student except in furtherance of K-12 school purposes; (3) sell a student’s data except as authorized by O.C.G.A. § 20-2-666;

or, (4) disclose student personally identifiable data without explicit written or electronic consent from the student over the age of 13 or a student’s parent or guardian, given in response to clear and conspicuous notice of the activity, unless disclosure is made for a purpose authorized under O.C.G.A. § 20-2-666.

v) Security or Data Breach. Offeror shall give prompt written notice to FCS within ten (10) days of any security breach that may or does impact FCS Data or of any unauthorized use or disclosure of FCS Data. Offeror shall assist FCS in remedying each unauthorized use or disclosure at Offeror's expense. Such notice shall include, at a minimum, the following information: 1) A list of the types of FCS Data that were or are reasonably believed to have been the subject of a breach; 2) the date or estimated date of the breach, if known; 3) whether law enforcement has been engaged; 4) a description of the breach incident; and 5) provide validation on the current state or containment of the data breach.

vi) Data Ownership. All FCS Data as well as other documents, data, and information provided to the Offeror by FCS is and will remain the property of FCS to the extent that it was the property of FCS at the time it was provided to the Offeror.

vii) Disclosure of FCS Data and Confidential Information. Offeror shall not disclose FCS Data unless the disclosure is necessary for Offeror to provide the products and/or services under this Agreement and the disclosure is made to Offeror’s contractor, subcontractor, processor, or subprocessor that Offeror holds to the same or substantially similar requirements for data privacy, use, and security as contained in this Agreement.

viii) Data Destruction or Return. All FCS Data shall be returned to FCS by the Offeror, without charge, within ten (10) business days of the completion of the services under this proposal in a usable format unless FCS requests otherwise or it is prohibited by law, regulation, or professional standards. Offeror shall destroy, dispose of, and/or delete all FCS Data, including, but not limited to, student education records and personally identifiable information transmitted to Offeror under this Agreement within forty-five (45) days after the termination of this Agreement or after it ceases to provide services to FCS. Offeror shall destroy FCS Data in accordance with acceptable industry standards for secure and comprehensive destruction of sensitive data. If requested by FCS, an officer of the Offeror will certify in writing that all FCS Data and all copies thereof have been delivered to FCS or destroyed.

ix) Review of Third-Party Audits and Reports. Upon request by FCS, Offeror shall provide a copy of its most recent Statement on Standards for Attestation Engagements (“SSAE”) No.

18 audit, SOC2 audit report, or equivalent audit of any data center security controls in which FCS Data is stored.

x) Encryption. All FCS Data stored by Offeror shall be protected with a data-at-rest encryption product utilizing a validated FIPS 140-2 Cryptographic Module with AES 256 standard or higher, or whatever the industry standards for encryption are at that time, if better. All FCS Data transmitted by Offeror and/or its contractors, subcontractors, processors, and sub processors will be protected with a TLS 1.2 or higher transmission encryption that complies, as appropriate, with NIST Special Publications 800-77, Guide to IPsec VPNs; or 800-113, Guide to SSL VPNs, or others that are Federal Information Processing Standards (FIPS) 140-2 validated.

xi) Security Technology. When the service is accessed using a supported web browser, Secure Socket Layer (“SSL”), or equivalent technology shall be employed to protect FCS Data from unauthorized access. The service security measures shall include server authentication and data encryption. Offeror shall host FCS Data in an environment using a firewall that is periodically updated according to industry standards.

xii) Patch Requirements. Offeror must have a documented patch management and distribution process that ensures security patches are applied to all systems (to include servers, laptops, workstations) that process and/or store FCS Data.

xiii) Audit Trail. All systems that process or store FCS Data must maintain an electronic audit trail that documents system security events. Offeror must ensure that users receive regular security awareness training.

xiv) Disaster Recovery Process. Offeror must maintain a disaster recovery process.

xv) Contractor Compliance. Offeror shall periodically conduct or review compliance monitoring and assessments of Offeror’s contractors, subcontractors, processors, and/or subprocessors to determine their compliance with the privacy, use, and security requirements of this Agreement. Offeror shall implement, test, and continually monitor the administrative, physical, and technical controls necessary to protect FCS Data. FCS may require Offeror to complete periodic security assessments to ensure compliance with FCS data security requirements.

xvi) Audit. FCS may audit the records and systems of Offeror to ensure compliance with the data security and privacy terms. FCS will notify Offeror in writing at least ten business days prior to any such audit. If an audit reveals that Offeror is using FCS Data beyond the scope of the Agreement, then, in addition to any other remedies available to FCS, Offeror shall reimburse FCS for the cost of such audit.

xvii) Unilateral Modifications. FCS cannot agree to any terms and conditions that are either unknown at the time of signing the contract; or can be unilaterally modified by Offeror. To the extent that any of the Offeror documents permit unilateral modifications, such provisions are null and void. If Offeror has separate terms and conditions in the form of a privacy policy, master services agreement, SAAS agreement, or otherwise, those terms and conditions must be included in the Offeror’s proposal. In the case of any inconsistency between the terms and conditions of the RFQUAL documents or Offeror’s documents, the RFQUAL documents control.

(d) OPEN RECORDS ACT. Offeror acknowledges and agrees that FCS is obligated to timely comply with requests for information pursuant to state and federal law and regulation. Offeror agrees to comply with all provision of the Georgia Open Records Act ("ORA") (O.C.G.A. § 50- 18-70 et. seq.), and to make records pertaining to performance of services, provision of goods or other functions under this contract available for public inspection upon request, unless otherwise exempt under other provisions of the ORA. Offeror shall provide FCS with immediate notice should Offeror receive an Open Records Request. If Offeror asserts that any information in its response or in any information provided to the FCS with respect to the services or products under this contract are a protectable trade secret, as that term is defined in O.C.G.A. § 10-1-761, then the Offeror must follow the requirements of the ORA set forth at O.C.G.A. § 50-18-72(a)(34) and submit an affidavit declaring and specifically describing their trade secrets, including those of their subcontractor.

(e) HOLD HARMLESS AGREEMENT. The Offeror shall hold harmless and indemnify FCS, its past, future and current Board of Education, and its past, future, and current employees, agents, volunteers or assignees (“FCS Indemnitees”) from any and all claims, suits, actions, damages, liability and expenses including attorney fees in connection with (a) claims, demands, or lawsuits that, with respect to any products or services provided by Offeror or Offeror's subcontractor, allege product liability, strict product liability, or any variation thereof;

(b) any alleged infringement of any copyright, trademark, patent, trade dress, or other intellectual property right with respect to any products, services, or intellectual property or any parts thereof provided by Offeror or any subcontractor; (c) the failure of the Offeror or Offeror's subcontractor to comply with Privacy Laws; (d) the loss, misappropriation or other unauthorized disclosure of data by Offeror or Offeror's subcontractor; (e) any security breach involving data in Offeror’s or Offeror's subcontractor's possession, custody or control, or for which Offeror or Offeror's subcontractor accesses or is otherwise responsible; (f) loss of life, bodily or personal injury or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of, or occurring in connection with the performance of this contract which is the result of the Offeror’s action(s) or inaction(s), or which are the result of any subcontractor’s action(s) or inaction(s) who is hired or retained by the Offeror; (g) any other claim, demand, or lawsuit arising out of or in any way related to goods or services under this submittal (collectively the "Obligations") and (h) any claim demand or lawsuit alleging breach of fiduciary duty or breach of contract arising out of the services provided under an Agreement. The Offeror’s Obligations shall not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion of omission from any policy of insurance. In the event the Obligations directly arise from the gross negligence or willful misconduct of any FCS Indemnitees, then Offeror's Obligations shall be reduced by the proportional fault of the FCS Indemnitees.

ADDITIONAL CONDITIONS

1. AGREEMENT TYPE

The type of Agreement shall be fee based for services identified on the fee schedule.

2. AGREEMENT FORM

The form of Agreement is attached to this Request for Qualification.

3. AGREEMENT TIME FRAME

The initial term of this Agreement will commence upon receipt of the fully executed Agreement and will expire on June 30, 2027. Notwithstanding this, the owner has the option to renew the agreement for up to four (4) additional one-year terms. provided the consultant is not in default, the agreement will automatically renew unless the owner provides written notice of non-renewal to the architect at least thirty (30) days prior to the expiration of the current term or any renewal term.

The exercise of any option to use the list during any option years shall be at the sole and absolute discretion of FCS. In addition, FCS may decline to exercise any option (and therefore, any subsequent option periods, if any), by issuing a new solicitation for additional qualified firms, thereby terminating the then-current approved list and any agreements issued thereunder.

4. CATEGORY OF AWARD

It is the intent of FCS to qualify multiple companies for inclusion on the approved list. Projects will be assigned on an as-needed basis.

5. REQUIREMENTS CONTRACT CLAUSE

This is a requirements contract for Hazardous Materials consultant Services. Approval and placement on the list do not guarantee that an Offeror will be selected by FCS to provide services.

6. CONSUMER PRICE INDEX CLAUSE

The CPI for "All Urban Wage Earners and Clerical Workers, second column reading, percent change, monthly, year, group" all items (1982-84-100) may be used for the month the contract is renewed, i.e., renewal month of August 1, 2026, will use the CPI index showing the percent change from August, 2026 to August, 2027. Each successive option may be treated in the same manner. With the delay of appropriate data available upon extension of the contract, the increase/decrease in payment may not be made for the second year of the contract until the Consumer Price Index is published and received by the Executive Director of Contracting for the month required to complete the price.

7. OWNER’S REPRESENTATIVE

The Owner Representative for the FCS is the Executive Director of Capital Programs William Boyajan, or his/her designee, who will be responsible for the day-to-day administration of the

ADDITIONAL CONDITIONS

Agreement. FCS reserves the right to change its representative by providing notice to Offeror of such change.

8. RECEIPT OF ADDENDUM CLAUSE

Addenda issued to solicitations will be available via Euna Procurement (Bonfire) at https://fultonschools.bonfirehub.com or via the Euna Procurement (Bonfire) link on the FCS Contracting website at https://www.fultonschools.org/contracting. FCS’ Contracting Department shall not bear responsibility for receipt of addenda by mail. If Contractors do not acknowledge receipt of all addenda the bid or proposal may be determined to be non-responsive by the FCS Contracting Department Executive Director.

9. SUBMITTALS

Offerors are responsible for submitting bids/offers/submittals so as to reach the FCS Capital Program Contracts office by the time and date specified in the solicitation regardless of the method of delivery (i.e. commercial carrier or U.S. Postal Service). If using a commercial delivery service, the Offeror is responsible for informing the commercial delivery service of all delivery requirements and for ensuring that the required address information appears on the outer wrapper or envelope used by such service.

Fulton County Schools shall not be responsible for the premature opening of a submittal not properly addressed and identified, and/or delivered to the incorrect destination.

10. COMMUNICATIONS WITH FCS STAFF

From the issue date of this solicitation until completion of the entire solicitation process and announcement of award notification, all Contractor communication related to this solicitation must be directed to the Contracting Department including, but not limited to, communications with members of the Board of Education, school system employees and/or contracted agents.

Violation of this provision may result in rejection of your company’s response.

11. PIGGYBACK CLAUSE

This solicitation allows for other State and Local Government to buy off the awarded contract at the same prices quoted during the effective term, pending agreement between Offeror and the third-party entity.

12. INSPECTION

The Offeror awarded the contract shall be subject to continuous inspection by FCS to ensure compliance with all specifications and regulations of the Fulton County Board of Education.

If any inspection reveals that Offeror is not in compliance with any specification or regulation of the Fulton County Board of Education or this agreement, then Offeror must correct such deficiency as soon as practicable, but in no instance longer than thirty (30) days after receiving notice of the deficiency from FCS.

REQUEST FOR QUALIFICATION

A. THE SUBMITTAL

1. Offeror’s Responsibility:

It shall be the responsibility of the selected firm(s) to meet all specifications and guidelines set forth herein. No submittal will be considered that does not provide a serious and reasonable response to the solicitation. Each submittal will be evaluated in its entirety.

2. Evaluation Factors: Submittals will be evaluated on the following factors:

Business Stability: 20% Technical Capability: 60% Problem Solving Skills & Creativity: 10% Exceptions & Modifications: 10%

3. Submission of Submittal:

Submittals shall be submitted in six (6) sections: (I) executive summary, (II) general information, (III), technical capability (IV) quality control plan (V) business stability and (VI) a table of proposed compensation rates. One (1) original and six (6) copies of the submittal shall be provided in a loose-leaf, three-ring binder, and a flash drive. The offeror’s submittal shall be limited to twenty-five (25) pages, with page type not being smaller than 10 points. Double sided pages will be counted as two (2) pages. Financial statements, resumes and the compensation tables will not count towards the maximum limit.

4. Oral Interview:

FCS may require qualified Offerors to participate in a detailed oral interview to fully discuss their submittal and to answer questions posed by FCS Representatives. A final selection may be based upon the evaluation of both the written and oral re0sponses of each Offeror.

B. PREPARING THE SUBMITTAL

Begin each section on a separate page. Number the pages in each section consecutively. If any confidential and/or proprietary information is included, then each page containing such information must be stamped “proprietary.” It is not acceptable to label the entire submittal as confidential and proprietary.

Submittals shall contain the following minimum information and be organized in the format indicated below:

Provide cover sheet as follows:

Cover Sheet

Titled: Fulton County Board of Education

Request for Qualification Number 402-27 Hazardous Materials Consultant Services

Submitted by: [Name of company]

C. SUBMITTAL SECTIONS

SECTION I – EXECUTIVE SUMMARY:

An executive summary of not more than two (2) pages stating the firm’s areas of expertise, interest and proposed commitment to the FCS building program. Within the first paragraph of the executive summary, engineering firms should clearly state the type(s) of building CONTRACTOR services for which they are submitting qualifications.

General Information Page

a. Name of firm:

b. Names of Principals of the firm:

c. Type of Organization (Individual, Partnership, Corporation, Joint Venture, etc.):

d. Names and titles of individuals authorized to bind this firm in contracted agreements.

Detail Information Sheet(s)

a) Office Address (main office)

b) Mailing Address (main office)

c) Office Address for office which will be responsible for this project

d) Name of main contact regarding this submittal

e) Telephone Number

f) Email Address

SECTION II- BUSINESS STABILITY

1. History and Organizational Structure of the Firm - Provide a brief history of the company.

Graphically present the organizational structure of the firm. Describe the management organization.

If the firm is a partnership, indicate the name of all partners; if incorporated indicate where and when.

2. Financial Status - Describe the financial status of the firm; include the financial statements (income statements and balance sheets) for the past two accounting years.

3. References - Provide the name, title, phone number and email address from a minimum of five (5) references from previous clients for which your firm has performed comparable services. References should be for services completed within the last five (5) years and for services similar in nature to which FCS is seeking.

4. Previous Default - Indicate if you have ever been defaulted on an Agreement or been denied participation due to non-responsibility to perform. If so, provide the facts and circumstances. If your firm is now involved in any litigation or in the past ten (10) years have been involved in litigation with clients, please explain.

5. Insurance – State the maximum coverage for Professional Liability Insurance (Errors and Omissions).

SECTION III- TECHNICAL CAPABILITIES

1. Capabilities:

a. FCS is looking to pre-qualify service providers in the following areas of expertise:

Hazardous Materials Consultant Services.

b. Provide the following information: number of full-time employees providing these services, certifications held by full time employees in this area, and professional association memberships for firm and employees. If Offeror intends to subcontract any services identified or related to this RFQ, provide a list of those services.

c. Demonstrate appropriate expertise and leadership in providing services within Fulton County, Georgia. Provide a minimum of three (3) projects.

d. Provide resumes outlining the qualification of each key staff member who will be assigned to FCS projects. The resumes shall include the individual’s educational background, professional category (including certifications, licenses, etc.) and relevant work experience, including similar project participation. Resumes should note whether relevant experience was with the Offeror’s firm, or whether the experience was acquired with another firm.

e. Demonstrate the Offeror’s ability to administer the FCS assignments locally and to assign the necessary support staff.

f. Show ability to guarantee cost effectiveness in the solutions provided as evidenced by the results of successful projects and assignments with other clients.

g. Describe your firm's experience in establishing and maintaining relationships with regulatory entities, and with assisting in obtaining local and state permits for school construction or similar programs.