5-26-12180226-P-AR Workers Compensation-Final.pdf

Purchasing Services

130 Trinity Avenue, S.W.

4th Floor

Atlanta, Georgia 30303

Request for Proposals (RFP)

For

Workers’ Compensation Third-Party Administrator Services

March 9, 2026

RFP Number: 26-12180226-P-AR

Due Date: April 3, 2026

Time Due: 11:00 a.m., ET

NIGP Commodity Code(s): 953-27, 953-92, 961-16

ATLANTA PUBLIC SCHOOLS

RFP 26-12180226-P-AR

ADVERTISEMENT FOR REQUEST FOR PROPOSALS

The Atlanta Independent School System (hereinafter, “Atlanta Public Schools” or “APS”) invites qualified contractors to submit proposals to provide a third-party administrator (TPA) for a self-insured workers’ compensation claims program.

In using this method for solicitation, we are requesting that you provide the best value for our requirements. To be eligible for consideration, online proposals shall be presented in accordance with the instructions of this solicitation and within the timeframe specified. It shall be the responsibility of the selected offeror to meet all specifications and guidelines set forth herein. Atlanta Public Schools, at its discretion, determines the criteria and process by whereby proposals are evaluated and awarded. No damages shall be recoverable by any challenger as a result of these determinations or decisions by Atlanta Public Schools.

If you are unable to download these documents, you may contact the assigned procurement officer, Alando Rozier, at (404) 802-2488 or alando.rozier@atlanta.k12.ga.us.

Pre-Proposal Conference will be held via Microsoft Teams call at the Microsoft Teams online address link below on Monday, March 19, 2026, at 2:00 p.m. ET.

Microsoft Teams Meeting

Join: https://teams.microsoft.com/meet/2859501101765?p=d7o9Yrs8P5j4dORlah Meeting ID: 285 950 110 176 5

Passcode: th9Bh6Hv

Attendance is not mandatory but is strongly encouraged.

All questions or requests for clarification must be sent via Bonfire under Message - Opportunity Q&A:

https://aps.bonfirehub.com/opportunities/225880.

All addendums related to this solicitation will be posted on the Bonfire website at https://aps.bonfirehub.com/opportunities/225880. It is the offeror’s responsibility to check the Bonfire website for any addendums, responses to offeror questions, or other communications related to this solicitation.

Proposals shall be submitted online at https://aps.bonfirehub.com/opportunities/225880. The Office of Procurement Services will only accept proposals submitted online. Proposal submissions are due no later than 11:00 a.m. ET on April 3, 2026.

APS will only accept online submissions for proposals. Proposals can be submitted online at:

https://aps.bonfirehub.com/opportunities/225880. Proposals submitted after the solicitation close date will not be accepted. Note: Any proposal submitted in any other format (email, paper, fax, mail, etc.) will not be accepted for any reason.

TENTATIVE TIMELINE

03/09/2026 Release RFP

03/16/2026 Pre-proposal conference: 2:00 p.m., ET

03/20/2026 Deadline for written questions, 12:00 p.m., ET 03/27/2026 Response to questions to be posted to Bonfire 04/03/2026 RFP due online at Bonfire by 11:00 a.m., ET 04/13/2026 Administrative Review 04/15/2026 Initial Shortlist Evaluation 04/27/2026 Phase 2 On-Site Interview/Presentations (if applicable) 06/04/2025 Recommendation to the APS Board of Education

TABLE OF CONTENTS

Section 1 Introduction Section 2 Scope of Work Section 3 Requirements for Workers' Compensation Section 4 Company Qualifications and Experience Section 5 Methodology and Operations Section 6 Pricing Section 7 Evaluation Section 8 Additional Requirements Section 9 General Requirements Section 10 General Terms and Conditions Section 11 Award Section 12 Contract

Appendices:

Appendix 1 APS School Calendar

Attachments:

Attachment 1: Solicitation Acknowledgement Form Attachment 2: Offeror Compliance Form Attachment 3: Offeror Inclusion Form Attachment 4: Primary Vendor/Subcontractor Utilization Form Attachment 5: Promise of Non-Discrimination Attachment 6: E-Verify Affidavit of Compliance

6A. Contractor Affidavit under O.C.G.A 13-10-91 (b)(I) 6B. Subcontractor Affidavit under O.C.G.A. 13-10-91 (b)(3); if applicable 6C. Affidavit of Exception

Attachment 7: Joint Venture Affidavit Attachment 8: Contract Exceptions Attachment 9: No Influence and Non-Collusion Affidavit Attachment 10: Local Preference

Offeror Reference Form

Attachment A: Price Proposal Form

1.0 INTRODUCTION

1.0.1 To be entitled to consideration, proposals shall be submitted online at https://aps.bonfirehub.com/opportunities/225880. The Office of Procurement

Services will only accept proposals submitted online. Proposal submissions are due at

11:00 a.m. ET on the date outlined in the solicitation (as determined by the time stamp clock when submitted online).

1.0.2 Proposals can be submitted online at:

https://aps.bonfirehub.com/opportunities/225880. Proposals submitted after the proposal close date will not be accepted. Note: Any proposal submitted in any other format (email, paper, fax, mail, etc.) will not be accepted for any reason.

1.1 PURPOSE

1.1.1 The Atlanta Independent School System (hereinafter, “Atlanta Public Schools” or “APS”) invites qualified contractors to submit proposals to provide a third-party administrator (TPA) for a self-insured workers’ compensation claims program.

1.1.2 This solicitation is issued in accordance with applicable state and federal laws.

1.2 BACKGROUND

1.2.1 Founded in 1872, Atlanta Public Schools is the seventh-largest school district in Georgia.

As an education leader in the Atlanta area, APS delivers quality service and support to our students and community. APS has 87 learning sites, with approximately 48,702 students and approximately 6,330 employees.

1.2.2 Currently, APS experiences a claims volume of 32 lost time claims and 238 medical only cases per year. Current open claims are 140 lost time (with 22 receiving Temporary Total Disability weekly benefits) and 100 medical only cases. APS’ Risk Management Department manages the APS Workers Compensation Program Unemployment Compensation with one Manager and one Claims Specialist.

1.3 CONTRACT TERM

The first one (1) year term of the contract will commence upon contract execution. The contract will include an option of up to four (4) additional one (1) year contract renewals if agreed upon by both Atlanta Public Schools and the vendor.

1.4 AWARD

APS reserves the right to make multiple awards, based on experience and qualifications if it is deemed to be in the District’s best interest. APS reserves the right to negotiate with the highest ranked proposer regarding proposal scope, quality, price and any other issues it considers relevant to awarded performance of the services.

2.0 SCOPE OF WORK

The TPA shall provide a comprehensive turnkey solution for the continuation and improvement of the current APS self-insured Workers’ Compensation Program. The TPA shall service new and take over existing worker’s compensation claims. The TPA shall perform the following services not limited to:

Program/Claims Administration

Assume Administration without interruption to existing claims

Provide a Web-based Claims Administration System

Provide Data Conversion Services without loss of data

Indemnity payment processing

Temporary Partial Disability payment processing

Permanent Partial Disability payment processing

Medical Cost Control services

Medical Bill Review per Georgia Fee Schedule

Fraud Control

Report and Submit Administrative Reports required by State and Federal Law

Maintain and Protect Data and Privacy of Data

Attendance at Claims Meeting and other Requested APS Meetings

TPA Evidence of SAS 70 Certification

Claims Software Capacity to Interface with APS’s current Quick Internet Solutions Software (QISS)

Medical Case Management

Investigative Services

Collaborate with APS regarding safety recommendations

Physician network

Physical Therapy network

Pharmacy benefits network

Other services deemed within the scope of this program

WORKERS’ COMPENSATION CLAIMS SUMMARY

Listed below is the history of claims over the past seven (7) fiscal years:

Fiscal Year

Total No.

of Claims

Total Lost Time Claims

Med Only

Total Paid

FY19 361 30 331 $4,243,937.00

FY20 250 23 227 $3,771,948.00

FY21 79 17 62 $3,013,221.00

FY22 330 36 294 $2,881,538.00

FY23 274 43 231 $3,212,181.00

FY24 214 26 188 $1,211,582.00

FY25 234 42 192 $2,593,720.00

The offeror shall describe in detail the methodology and procedures that are to be used to accomplish the APS requirements for this RFP. Please be sure to include funding options such as escrow, monthly billing, etc.

It shall be the responsibility of the selected offeror to meet the specifications and guidelines set forth herein.

2.1 Capabilities

2.1.1 Staff and Location

2.1.1.1 Provide a claims office located in the Atlanta, GA, metropolitan area.

2.1.1.2 Identify service team members responsible for the account.

2.1.1.3 Provide a single point of contact.

2.1.1.4 Describe your employee’s training program or requirements for claim personnel.

2.1.1.5 Describe the experience of the lost time and medical Only adjuster(s)

2.1.1.6 Describe the claim adjuster’s average loss time caseload.

2.1.2 Communications

2.1.2.1 State your policy for returning (claimant and client) phone calls and written correspondence.

2.1.2.2 Describe your organization’s standard level of interaction and communication between claims team and client for self-insured accounts.

Describe the procedure and frequency for conducting claim reviews with APS.

2.1.3 Claim Investigation

2.1.3.1 Describe how your firm will provide accident investigations or other investigations, recorded statements, and witness contact as needed and/or as required.

2.1.3.2 Describe your claim triage process, and how you determine the required level of investigation.

2.1.3.3 Describe how medical only and lost time accidents are investigated, and the process for medical only and lost time accidents.

2.1.3.4 Describe your fraud control procedures.

2.1.3.5 Describe how surveillance is provided when necessary.

2.1.4 Settlement and Litigation

Describe how your firm will work with the APS Board Attorney in the compilation, negotiation, and settlement of Workers Compensation claims.

2.1.5 Information System and Reporting

2.1.5.1 Provide a description of your current claims information system or Risk

Management Information System (RMIS).

2.1.5.2 Indicate how long your current claims information system has been in place.

2.1.5.3 Describe the general information (standard package) available to clients in your Risk Management Information System (RMIS) claim system and indicate if adjuster notes are included.

2.1.5.4 List how many client users are permitted to use the RMIS claim system without additional cost.

2.1.5.5 Indicate how long you retain detailed claim information in your claim system.

2.1.5.6 Describe your data back-up procedures, disaster recovery, and business continuity plans.

2.1.5.7 Describe any reports your organization/system generate on a monthly, quarterly, annual and ad hoc basis.

2.1.5.8 Indicate if a DASHBOARD is available for general summary of claim information and provide link to demo.

2.1.5.9 Confirm if on-line claim reporting is available and if it is an additional cost, indicate on pricing schedule.

2.1.5.10 List any other claim reporting options.

2.1.5.11 Indicate and describe if your system can report expenditures/dollars spent on various providers.

2.1.5.12 Indicate if your system can provide an estimated reserve covering loss and expense with respect to each claim within thirty (30) days of notice.

Each file shall contain all the information concerning the particular claim in support of the reserve. TPA shall document all reserve changes.

2.1.5.13 Indicate if your system can provide a monthly accounting of indemnity and medical payments (checks), specifically setting forth the amount of each payment, the payee, and the claim number. Information shall include, but is not limited to, a bank statement and reconciliation, and account replenishment if applicable.

2.1.5.14 Describe any requirements, limitations, and/or considerations for access from non-APS location (i.e. home) including potential firewall, Single-Sign-on (SSO), Multi-Factor Authentication MFA, caching servers, network volume and or browser level issues.

2.1.5.15 Describe the fault tolerance built into your environment including:

• How your facility is hardened to withstand disasters or local interruptions

• Virus protection processes in place

• Anti-hacking and attack processes in place

2.1.6 Cost Containment

2.1.6.1 Explain in detail how you will lower the district’s overall annual expenses associated with Workers’ Compensation.

2.1.6.2 Provide a list of medical cost containment services available to the client and the cost for each service.

2.1.6.3 Provide details on your firm’s use of and fees for nurse case management and telephonic nurse case management.

2.1.6.4 Provide details of your firm’s Pharmaceutical Cost Containment

Programs. If APS wishes to use an outside pharmacy, explain how this will affect cost.

2.1.6.5 Provide the name of the Preferred Provider Organization (PPO)

Network(s) you currently use and indicate if they are readily accessible in the City of Atlanta and Fulton County area and beyond.

2.1.6.6 Please provide a statement as to how your firm will ensure complete transparency of fees related to cost containment efforts.

2.1.6.7 Provide cost containment process, including, but not limited to bill review. Should include % of savings, per claim fees, pharmacy, etc.

clearly displayed.

2.1.6.8 Describe your firm’s methodology for paying medical bills, including the maximum time allowed for payment of medical bills and how your firm ensures compliance with that methodology.

2.1.6.9 Indicate and describe if there is a cost for subrogation / 2nd injury recoveries and if cost is included in your per claim fee or is it treated as an allocated expense.

2.1.7 Funding Options

2.1.7.1 Describe in detail your funding options.

2.1.8 Payments and Filings

2.1.8.1 Indicate capability to provide payment to authorized health care providers within the timeframe negotiated between these providers and APS, in order to ensure that APS receives any and all discounts or fee reductions for services rendered by such providers. Should TPA fail to provide payment to these providers within the required timeframe, TPA will reimburse APS for its loss of any discounts or fee reductions.

2.1.8.2 Describe how the TPA will file a notice of claims to the excess insurance carrier in a timely fashion.

2.1.8.3 Describe how the vendor will have the capability to file for reimbursement from the excess carrier of all payments made by APS above its self-insured retention limit.

2.1.8.4 Describe how the TPA will file for recovery from the Subsequent Injury

Trust Fund (SITF) with respect to any claim that qualifies for reimbursement.

2.1.8.5 Describe how the vendor will file (or provide) information, as required or necessary, for State Board forms on behalf of APS and provide documentation to APS thereof.

2.1.8.6 Describe how the vendor will prepare and submit administrative reports required by the State of Georgia. Monitor the compliance of the APS employer reporting requirements, record keeping requirements, and advise of any deficiencies in APS overall self-insured compliance matters.

2.1.8.7 Describe how the vendor will file with the Center for Medicare and

Medicaid Services (CMS) commonly known as Section 111, as required.

A method must be provided for seamlessly transferring this process from the present Contractor, if applicable.

2.1.9 Data Protection

Demonstrate ability to:

2.1.9.1 Provide sufficient records and electronic data retention policy.

2.1.9.2 Provide secure, encrypted backups and provide a business recovery plan.

2.1.9.3 Protection and Privacy of Data.

2.1.9.4 Provide Evidence of Statement on Auditing Standards No. 70 (SAS 70)

Certification.

2.1.10 Training and Risk Control

2.1.10.1 Provide adequate and necessary on-site training regarding the use of the TPA’s claims system.

2.1.10.2 Describe your expertise relative to safety and loss prevention services.

2.1.10.3 Describe the ability to provide safety guidance and training in line with APS injuries and accidents to minimize the risk of future losses.

2.1.10.4 Indicate if you offer any safety, health, and wellness training resources and if there is a fee for these services.

2.1.11 Transition and Implementation

2.1.11.1 Demonstrate understanding of the task to assume control of the claims administrative responsibilities efficiently; and demonstrate a cohesive, organized plan to achieve the task.

2.1.11.2 Under separate cover provide a complete outline including a detailed time schedule of the implementation process assuming a January 1, 2027, start-up.

2.2 Business Stability

2.2.1 History and Organizational Structure of the Firm

Provide a cover letter introducing the company and including the corporate name, address, and telephone number of the corporate headquarters and local office. The name and phone number of one individual who will be the company’s primary contact with APS for contract negotiation and the name of the project manager. A brief history of the company and the present organizational structure of the firm describing the management organization, permanent employees by discipline, and this project’s coordination structure.

If the firm is a partnership, indicate the name of all partners; if incorporated indicate where and when. If the Offeror has changed names or incorporation status within the last five (5) years, then please list all of such preceding organizations and a brief reason for the change. Offeror shall also provide a business license indicating that the Offeror can conduct business in Atlanta, Georgia. Further, Offeror shall provide documentation showing that the

Offeror is properly registered to conduct business in the State of Georgia.

Offeror acknowledges and agrees that any business license and registration must remain current for the duration of this agreement. Identify and explain all known or potential (real or perceived) conflicts of interest that would arise if retained by APS.

2.2.2 Financial Status

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

2.2.3 References

List as references a minimum of three (3) clients of similar size or larger than

APS for which a project of similar scope was completed within the last five (5) years. Reference details should include:

School district name, address, website link

Email address and direct phone numbers for contacts.

A brief description of the services provided shall accompany each reference

Length of engagement

2.2.4 Subcontractors

Indicate the names and addresses and degree of utilization of any and all subcontractors that would be used in the performance of this contract.

2.2.5 Previous Default

Indicate if you or any predecessor organization have ever defaulted on a contract or been denied a proposal due to non-responsibility to perform. If so, provide the facts and circumstances. If your firm or any successor organization is now involved in or has been involved in any litigation in the past ten (10) years, please list the parties to the litigation, the civil action number, and a brief explanation of the matter.

3.0 PROPOSAL SUBMISSION REQUIREMENTS

3.1 MANDATORY REQUIREMENTS (See list in section 3.1.3 below)

3.1.1 Offerors are instructed to read all terms, conditions, and specifications set forth in the

RFP carefully. Responses must be either typed or written in ink. Any correction made within the RFP submission (whiteout or strike-through) must be initialed by an authorized representative of the company submitting the proposal, or the proposal may be rejected by APS.

3.1.2 The offeror shall submit an online proposal with a response that fully responds to

Sections 3, 4, and 5 in the Bonfire Portal. Failure to respond to Sections 3, 4, and 5 may result in the proposal being deemed non-responsive. The offeror must reference each section as listed below.

Proposals must be submitted online via the following link by the given due date: https://aps.bonfirehub.com/opportunities/225880.

3.1.3 List of Mandatory Attachment Documents

Responses must be on the forms furnished within this RFP and completed in their entirety.

Attachment 1: Solicitation Acknowledgement Form Attachment 2: Offeror Compliance Form Attachment 3: Offeror Inclusion Form Attachment 4: Primary Vendor/Subcontractor Utilization Form Attachment 5: Promise of Non-Discrimination Attachment 6: E-Verify Affidavit of Compliance

6A. Contractor Affidavit under O.C.G.A 13-10-91 (b)(I) 6B. Subcontractor Affidavit under O.C.G.A.

13-10-91 (b)(3); if applicable 6C. Affidavit of Exception

Attachment 7: Joint Venture Affidavit Attachment 8: Contract Exceptions Attachment 9: No Influence and Non-Collusion Affidavit

Attachment 10: Local Preference

Offeror Reference Form

Attachment A: Price Proposal Form

4.0 COMPANY QUALIFICATIONS AND EXPERIENCE

4.1 Please describe your firm’s experience providing Workers' Compensation Third Party Administration:

a. The Number of years your firm has provided TPA services.

b. Experience serving large, complex organizations, preferably public sector or school districts.

c. Experience handling high-volume claims environments.

d. Experience administering claims in the State of Georgia and familiarity with Georgia Workers’ Compensation regulations.

e. Include examples of comparable clients and the scope of services provided.

4.2 Please describe your firm’s financial stability and organizational capacity to service an account of APS’s size and complexity, including:

a. Company ownership structure and financial condition.

b. Size of your organization and relevant business units.

c. Resources available to support this engagement.

d. Any material changes to your organization in the past three years (e,g., mergers, acquisitions, restructuring).

4.3 Please describe the proposed account team that would be assigned to Atlanta Public

Schools, including:

a. Identification of the account management, claims management, and support team structure.

b. Roles and responsibilities of key personnel.

c. Experience, qualifications, and credentials of key members.

d. Experience of the assigned claims managers handling accounts of similar size, complexity, and claim volume.

e. Team stability, including turnover rates for key roles.

f. Your escalation procedures and management oversight structure for this account.

g. Include resumes or bios for key personnel and clearly indicate which staff will be dedicated to the APS account.

5.0 METHODOLOGY AND OPERATIONS

5.1 Please describe your overall approach to Workers’ Compensation claims administration for APS, including your claims handling philosophy, medical and litigation management approach, return-to-work strategy, handling of complex and catastrophic claims, and your methods for fraud detection and cost containment.

5.2 Please describe your service delivery model and governance structure for the APS account, including your staffing model, communication approach, performance management, escalation procedures, and overall account oversight structure.

5.3 Please describe your claims management system and reporting capabilities, including system functionality and access, reporting and analytics tools, data security and compliance standards, and how data is used to manage performance and outcomes.

5.4 Please describe the value-added services, innovations, and strategic support you will provide to APS, including your approach to cost containment, program improvement, training, benchmarking, and continuous improvement.

5.5 Please describe your implementation and transition approach, including timeline and key milestones, data migration and system setup, training and change management, and your approach to ensuring a stable and successful go-live.

5.6 Please provide at least three (3) references for accounts similar in size and complexity to APS, including a brief description of services provided, length of relationship, and performance outcomes achieved.

6.0 PRICING

Provide pricing on the APS price proposal form, which is included in the solicitation. Pricing sheets must be completed 100%. Titled Attachment A

7.0 EVALUATION

7.1 To be eligible for consideration, proposals shall be presented in accordance with the instructions of this solicitation and within the timeframe specified. It shall be the responsibility of the awarded contractor to meet all specifications and guidelines set forth herein.

7.2 An APS evaluation committee will evaluate each proposal that is deemed responsive.

APS, at its sole discretion, determines the criteria and process whereby proposals are evaluated and awarded. No damages shall be recoverable by any challenger as a result of the determinations or decisions by APS.

7.3 APS reserves the right during the evaluation process to contact offerors who submit proposals and request additional information or clarification necessary to complete the evaluation.

7.4 After the closing date and time, Procurement Services will conduct an administrative review of all proposals received to determine responsiveness. Proposals that are deemed to be responsive will be submitted to the evaluation committee for review.

Proposals that are deemed to be non-responsive will not be evaluated or considered for the award.

7.5

7.6 APS will evaluate all proposals and reserves the right to develop a competitive range for consideration. The competitive range is defined as a group for competitive negotiation, as determined during the evaluation process, composed of only those proposals that are considered to have a reasonable chance of being selected for an award and who are, therefore, chosen for additional discussions and negotiations. Proposals not in the competitive range are given no further consideration.

7.7 Proposals will be evaluated on the following criteria:

7.8 The formula for evaluating prices is as follows:

(Lowest price/price of the proposal being evaluated) x points possible for price = score

(If applicable)

7.9 It is anticipated that the top evaluated proposals submitted in Phase 1 will be shortlisted and may be asked to participate in presentations/interviews as a part of Phase 2 of the evaluation process. APS, at its sole discretion, will determine which/if any, proposals will move forward into Phase 2.

7.9.1 APS reserves the right to NOT hold a Phase 2 presentation/interview.

7.10 PHASE 2: Criteria for Phase 2 Presentation/Interview: (Solely at APS discretion)

7.10.1 Offerors who have been shortlisted may be invited to participate in the presentation/interview Phase of the RFP process.

7.10.2 The shortlisted offerors will be sent an email outlining the date/time/agenda of their scheduled invitations.

7.10.3 Offerors who choose not to participate in the presentation/interview process will be removed from consideration for an award.

7.10.4 Phase 1 scores will not be considered as part of Phase 2 scoring. Phase 2 scores will be the final score of the evaluation process.

7.10.5 Phase 2 Presentation/interview evaluation criteria will be provided to the shortlisted offerors.

Phase 1 scores will not be considered as part of Phase 2 scoring. Phase 2 scores will be the final score of the evaluation process unless BAFOs are requested.

7.10.6 APS reserves the right to request the best and final offer (BAFO) from offerors during either Phase 1 or Phase 2 of the evaluation process.

7.10.7 APS reserves the right to negotiate terms and conditions, scope of work, price, and/or non-price terms and conditions with selected offeror(s) to meet the needs of the district.

7.10.8 Negotiations may be:

Concurrent, which may be conducted concurrently with multiple offerors.

Exclusive, which may be conducted with the offeror whose proposal is the highest rated overall.

# Criteria for Phase II Points Possible

Interview/Presentations 100

# Criteria for Phase I Points Possible

1 Company Qualifications and Experience 25

2 Methodology and Operations 40

3 Cost – Attachment A – Price Proposal Form 20

Total 100

Total 100

8.0 ADDITIONAL REQUIREMENTS

8.1 All responses submitted become the property of APS and are subject to applicable open records policies and laws.

8.2 Proposals cannot be withdrawn after they are submitted to APS unless the offeror makes a request in writing to the Executive Director of Purchasing Services prior to the time set for receiving proposals or unless the Executive Director of Purchasing Services fails to accept or reject the proposals within one hundred and twenty (120) days after the due date of the proposal.

8.3 Proposals that contain irregularities of any kind and/or do not comply fully with the requirements stated in the solicitation documents may be rejected at the discretion of the Executive Director of Purchasing Services.

8.4 APS reserves the right to waive any minor informality or error in the solicitation or offeror’s proposal that will not adversely affect competition.

8.5 By submitting a response, the offeror certifies that this proposal is made without prior understanding, agreement, or connection with any corporation, company, or person submitting a proposal for the same service and is in all respects fair and without collusion or fraud; 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. It is further agreed that the offeror agrees to abide by all conditions of the solicitation, notice of award, and/or purchase order(s) of APS and that the person signing this proposal is duly authorized to propose on behalf of the offeror.

8.6 Failure to provide an online submission with correct information may result in the rejection of the proposal. If further information is required to demonstrate responsibility, such as providing copies of licenses or permits (other than those mentioned in 6.5.1), certificates, etc., the offeror will be notified, in writing, and given five (5) days from notification to supply such information.

8.7 After the closing date and time, Procurement Services will conduct an administrative review of all proposals received to determine responsiveness. Proposals that are deemed to be responsive will be evaluated. Proposals that are deemed to be non-responsive will not be evaluated or considered for the award.

9.0 GENERAL REQUIREMENTS

9.1 All work conducted must be in accordance with all local, state, and federal guidelines.

9.2 CONTRACT EXCEPTIONS:

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

In order for any exceptions to be considered by APS, you must submit your exception request on the contract exception form through the Bonfire System by the due date as noted in the Submission Requirements.

9.3 WMBE OUTREACH EFFORTS:

The Atlanta Public Schools’ Equity and Social Justice Supplier Diversity efforts aim to eliminate discrimination against businesses on the basis of race, color, national origin, and gender. You may access the Atlanta Public Schools’ Equity Policy by clicking the link.

Below:

Atlanta Public Schools' Equity Policy

If your firm plans to use subcontractors for this project, the following organizations may help with identifying qualified Minority and Female-Owned firms:

GMSDC

NAMC

The National Association of Women in Construction

National Association of Black Women in Construction

Georgia Hispanic Chamber of Commerce

City of Atlanta Supplier Diversity

You may also seek assistance from the Atlanta Public Schools’ Supplier Diversity. You may access information regarding APS Supplier Diversity by clicking the link below:

Supplier Diversity

9.4 Offeror Conduct

9.4.1 Offer’s employees are expected to exhibit professional, courteous conduct and appropriate appearance at all times. Any conduct or appearance deemed inappropriate by an APS representative will be grounds for removal from APS property

9.4.2 A offeror’s employees are to be respectful to faculty, students, and visitors;

these employees are prohibited from fraternizing with these groups. Flirtatious behavior, soliciting monies, names, addresses, and other such inquiries will cause for the employee to be removed from the premises.

9.4.3 Also, radios or audible music are not allowed at worksites. Offerors shall assign the required staff to each location to be serviced to ensure the work can be conducted quickly and efficiently.

9.5 Lost/Damaged APS property

9.5.1 The offeror shall be responsible for repairing or replacing, to the satisfaction of APS, any damage caused by any willful or negligent act of its employees. The

Contractor is also liable for any theft proven to be either committed by its employees or made possible by the willful or negligent action of its employees.

9.5.2 If APS incurs any costs due to illegal or inappropriate conduct by the

Contractor’s employees, the contractor will reimburse APS for such costs such costs shall include, but are not limited to the following:

9.5.3 Re-keying or restoring of locks; Service charges levied by security alarm

Contractors, law enforcement agencies, or security companies in response to false alarms;

9.5.4 Payments to law enforcement agencies or security companies for investigations of conduct that proves an employee’s inappropriate or illegal conduct.

9.5.5 Replacement costs of items missing or damaged, due to the employee’s conduct.

9.5.6 APS reserves the right (in its sole discretion) to remove the Contractor from the site based on the severity of the acts committed by the Contractor’s staff.

9.6 Additional APS Requirements for working on APS property

9.6.1 Standard business hours are 7:00 a.m. EST to 2:30 p.m. unless otherwise indicated herein. Facilities’ Hours are: 7:00 a.m. to 5:00 p.m. EST

9.6.2 No work shall be performed in an area where children are present.

9.6.3 All areas of work shall be left in a clean condition, and all debris shall be removed daily and upon completion of service.

9.6.4 APS is a tobacco-free environment; tobacco use is prohibited on all APS properties.

9.7 Offeror/Contractor Requirements:

9.7.1 APS policy requires that all contractors, consultants, or offerors providing services on APS premises be fingerprinted and submit to a criminal record check initiated by APS prior to providing services to APS. There is a $45 fee

(plus a service fee) for background checks. There is an administration fee of

$2.23 for processing the payment, which totals $47.23 for the background checks.

9.7.2 This may be paid in advance using our online payment option:

(https://www.atlantapublicschools.us/domain/15266).

9.7.3 Please keep your digital receipt for your records and proof of payment. The payment of this fee is the sole responsibility of the contractor, consultant, offeror, or the employing company. Any contract awarded pursuant to this solicitation is contingent upon compliance with this requirement and a satisfactory background check as determined by APS.

9.8 Use of Subcontractors:

9.8.1 If subcontractors will be used in the performance of this contract, the contractor must complete and submit with its response the Primary

Contractor/Subcontractor Utilization form.

9.8.2 The contractor shall not assign any duties to perform services nor to provide goods to APS under this contract to a subcontractor that is not listed in the contractor’s response to this solicitation.

9.8.3 If a subcontractor is removed from the contract at any time during the term, the contractor must notify APS Procurement Services in writing with name of subcontractor, reason for removal, and effective date.

9.8.4 If the contractor desires to add a subcontractor at any time during the term of the contract, the contractor must submit to APS Procurement Services in writing the following information on the subcontractor; company name, address, telephone and fax number, and service they will be providing and proposed effective date. Subcontractors may not begin providing service until approved by APS.

9.8.5 The contractor is responsible for ensuring that all subcontractors who provide goods or services under this contract comply with the terms and conditions of the contract.

9.8.6 The contractor shall give APS immediate notice in writing of any claim, action, or suit filed against the contractor by any subcontractor.

9.8.7 APS reserves the right to require that a subcontractor be removed from the contract.

9.9 The contractor must complete and submit with their proposal the applicable documentation related to Georgia House Bill 87 (commonly known as the “Illegal

Immigration Reform and Enforcement Act of 2011”).

9.9.1 Information on Georgia House Bill 87 may be viewed on the APS website at:

https://www.atlantapublicschool.us/Page/22476

9.9.2 Failure to provide the required Georgia House Bill 87 documentation may result in the offeror’s response to the solicitation being deemed non-responsive and ineligible for evaluation.

9.9.3 The Atlanta Board of Education desires that the Atlanta Public Schools operate in the most ethical and conscientious manner possible. Employees are expected to not only avoid any direct conflict of interest but also to avoid even the appearance of impropriety. In an effort to comply with Board policy and to ensure that our relationship with contractors is above reproach, contractors are prohibited from giving any APS employee any gift, favor, loan, reward, political contribution, gratuity, entertainment, transportation, lodging, or meal except those of nominal value (less than $50.00), which must be disclosed to the immediate supervisor and the Department of Internal Auditing. Advertising items and instructional products that are widely distributed may be accepted.

(Refer to Policy GAG and GAJB -https://www.atlantapublicschools.us/Domain/3944 ).

9.9.4 All contractors who desire to do business with APS as an awarded contractor shall be required to comply with Board policy GAG, Staff Conflict of Interest.

All awarded contractors to APS solicitations shall provide persons with equal opportunity without regard to race, color, sex, religion, national origin, marital status, sexual orientation, age, or disability.

9.9.5 Contractors shall not contact APS Board members individually for the purpose of soliciting a purchase or contract between the time a request for proposal, request for qualifications, or invitation to proposal is formally under development and a recommendation is made by the administration to the

Board if applicable. If a contractor violates this prohibition during this time frame, consideration of the contractor for award shall be invalidated. Board members shall be notified of possible violations and actions taken.

9.9.6 APS policy requires that all offerors providing services on APS premises be fingerprinted and submit to a criminal record check initiated by APS prior to providing services to APS. There is a $45 fee (plus a service fee) for background checks. This may be paid in advance using our online payment option:

Background Check Payment Online. Please keep your digital receipt for your records and proof of payment. The payment of this fee is the sole responsibility of the contractor, consultant, offeror, or the employing company. Any contract awarded pursuant to this solicitation is contingent upon compliance with this requirement and a satisfactory background check as determined by

APS.

9.9.7 The contractor agrees to and shall extend all of the same pricing, terms, and conditions quoted to Atlanta Public Schools (APS), to all APS-authorized charter schools through a separate legal agreement with the charter school (with the expectation that payment and coordination of services will be worked out individually between the contractor and the respective charter school). While charter schools are separate legal entities from APS, they do serve APS students and are a part of the APS school district.

9.9.8 The offeror must have proven experience in providing the goods specified in this proposal.

9.9.9 The offeror must have adequate equipment, qualified personnel, and the financial ability to provide the services specified in this proposal.

10.0 GENERAL TERMS AND CONDITIONS

By submitting a response to this request, the offeror accepts the responsibility of reading, understanding, and abiding by the General Terms and Conditions below:

10.1 OWNER

The Owner for whom the work will be executed is Atlanta Independent School System

(hereinafter “APS”, “District”, or the “Board”).

10.2 PURCHASING POLICY

10.2.1 The APS Purchasing Policy, Procedures, and Regulations are incorporated in this solicitation (and, therefore, any contract awarded as the result of this solicitation) by reference. By participating in this solicitation, the Offeror agrees to be bound by the APS Purchasing Policy, Procedures, and Regulations in any issue or action related to this solicitation or subsequent contract resulting from this solicitation.

10.2.2 Addendum(s) issued in writing during the time of solicitation will be incorporated in the subsequent contract. No oral interpretations will be made to the Offeror as to the meaning of the solicitation documents. Requests for such interpretations shall be made in writing to the Executive Director of

Procurement Services not later than seven (7) days prior to the time for receiving proposals and failure on the part of the successful offeror to submit a written request for interpretation shall not relieve them of the obligation to execute such work in accordance with a later interpretation by the APS.

10.2.3 All interpretations made to the offerors shall be made in the form of an addendum to the solicitation documents and sent to all who have obtained these solicitation documents from the APS Procurement Services Department.

If solicitation documents were obtained via the APS website, review the website for any addendum(s) up until the date and time the proposal is due.

10.2.4 It is the offeror’s responsibility to check Bonfire for any addenda, responses to offeror questions, or other communications regarding the solicitation.

10.3 OFFEROR ELIGIBILITY AND FORMAL SOLICITATION INFORMATION

10.3.1 Offeror Registration

If the offeror/contractor is awarded a contract under this solicitation, in order to do business with APS, an offeror/contractor must first register with the district. The offeror/contractor must complete and submit an electronic application to Procurement Services.

The application is available at https://b2gnow.gob2g.com/?TN=APS.

The application process can take 5-7 business days to complete. Once the application has been processed, the offeror/contractor will be assigned an offeror/contractor number. Offerors/contractors are responsible for notifying

Procurement Services of any changes in company or company contact information.

10.3.2 Eligibility

Because APS is committed to awarding contracts to responsible parties, entities listed on the United States Government’s System for Award Management (sam.gov) that have an active exclusion will not be eligible for a contract award.

APS policy requires that all contractors, consultants, or offerors providing services on APS premises be fingerprinted and submit to a criminal record check initiated by APS prior to providing services to APS. There is a $45 fee (plus a service fee) for background checks. This may be paid in advance using our online payment option: Background Check Payment Online. Please keep your digital receipt for your records and proof of payment.

The payment of this fee is the sole responsibility of the contractor, consultant, offeror, or the employing company. Any contract awarded pursuant to this solicitation is contingent upon compliance with this requirement and a satisfactory background check as determined by APS.

10.3.3 Formal Solicitations

Under board policy DJEA, a formal solicitation is required for all purchases and contracts that exceed $50,000. All formal solicitations must be conducted by the Procurement Service Department. All contracts with a total value over $100,000 require board approval.

All formal solicitations are advertised on:

(1) Bonfire website at https://aps.bonfirehub.com/portal/?tab=openOpportunities

(2) Georgia Procurement Registry at http://ssl.doas.state.ga.us/PRSapp/PR_login.jsp

Offerors are encouraged to visit the APS website periodically to view outstanding solicitations and register as a supplier with the Georgia Procurement Registry.

10.4 INDEMNIFICATION

The offeror shall indemnify, hold harmless, and defend the Board, its agents, servants, and employees from and against any and all claims, liability, losses, charges, expenses (including attorney fees), and/or cause of action, which may arise from any negligent act or omission of the offeror, its agents, servants, or employees in the performance of services under this contract.

The offeror further agrees to indemnify, hold harmless, and defend the Board, its agents, servants, and employees from and against any claim, demand, liability loss, charges, expenses (including attorney fees), and or cause of action of whatever kind or nature arising out of any conduct or misconduct of the offeror not included in the paragraph above and for which the board, its agents, servants or employees are alleged to be liable.

Nothing contained herein is intended to be a waiver in any respect whatsoever of the Board’s right to assert under any circumstances whatsoever its claims of governmental and or official immunity from any liability or damages asserted against it by any natural person or entities created by law.

10.5 INSURANCE

Upon receipt of Intent to Award, the offeror shall provide a current certificate of insurance as required within five (5) days after notification is issued by the APS Procurement Services Department.

10.5.1 The following general insurance requirements apply to any and all work under this contract by all offerors and subcontractors of any tier.

10.5.2 The Offeror shall provide a current certificate of insurance as required within five (5) days after notification issued by the APS Procurement Services

Department.

10.5.3 All insurance required by this Agreement shall be maintained during the entire length of this Agreement, including any extensions thereto, and until all work has been completed to the satisfaction of the APS. All insurance must be on an occurrence basis unless otherwise specified.

10.5.4 Policies written on a “claims made” basis (typically, cyber, professional liability, and pollution liability) shall include the following provisions:

10.5.5 The retroactive date must be shown on the certificate of insurance.

10.5.6 Insurance must be maintained for at least two (2) years after completion of the work and/or Agreement.

10.5.7 Coverage is canceled or non-renewed after the work has been completed and/or the Agreement has ended. The Offeror must purchase the extended reporting period for at least two (2) years.

10.5.8 The Offeror or any of its subcontractors shall not commence work under the

Agreement until all insurance requirements have been complied with and until evidence of all insurance requirements in each contract with each subcontractor of any tier is provided, and the Offeror shall require the same to comply with all such requirements.

10.5.9 APS does not represent that coverage and limits will necessarily be adequate to protect the Offeror. Insurance provided by the Offeror shall not limit the

Offeror’s obligation to indemnify and defend APS for claims or suits which result from or are connected with the performance of this contract.

10.5.10 APS shall be covered as an Additional Insured, where applicable, under all insurance required by this Agreement. Confirmation of this shall appear on all certificates of insurance and on all applicable policies. The title of the awarded

Agreement shall also appear on all applicable policies.

10.5.11 APS shall be given no less than thirty (30) days’ notice of cancellation, material change, or nonrenewal of insurance policies required under this Agreement.

10.5.12 Each and every insurance agent shall warrant when signing the certificate of insurance that she/he is acting as an authorized representative on behalf of the company or companies affording insurance coverage under the Agreement and that she/he is licensed by the State of Georgia to conduct insurance business in the State of Georgia and that the companies affording insurance coverage are currently licensed by the State of Georgia and are currently in good standing with the Commissioner of Insurance for the State of Georgia.

10.5.13 All companies providing insurance required by this Agreement shall meet the minimum financial security requirements as set forth below. The rating for each company must be indicated on the certificate of insurance. For all contracts, regardless of risk, companies providing insurance under this Agreement must have a current:

a) Best’s Rating not less than A-

b) Best’s Financial Size Category not less than Class VII

10.5.14 In the event the Offeror neglects, refuses, or fails to provide insurance required by the Agreement, or if such insurance is canceled for any reason, APS shall have the right, but not the duty, to procure the same, and the cost thereof shall be deducted from monies then due or

10.5.15 thereafter, to become due to the Offeror or APS, shall have the right to cancel the Agreement.

10.5.16 All policies shall provide a Waiver of Subrogation in favor of APS.

10.5.17 Workers’ Compensation and Employer’s Liability Insurance

The offeror shall procure and maintain Workers’ Compensation and

Employer’s Liability Insurance in the following limits. Such insurance is to cover each and every employee who is or may be engaged in work under this contract.

Workers' Compensation: Statutory limit

Employers Liability:

$500,000 Bodily Injury by Accident – Each Accident $500,000 Bodily Injury by Disease – Each Disease

$500,000 Bodily Injury by Disease – Each Employee

10.5.18 Comprehensive General Liability Insurance

$2,000,000 General Aggregate…