6-25-06026-P-AR HVAC Maintenance, Repairs and Replacement Services-Final.pdf

Purchasing Services 130 Trinity Avenue, S.W.

4th Floor Atlanta, Georgia 30303

Request for Proposals (RFP)

For

HVAC Maintenance, Repairs and Replacement Service

Date: September 5, 2025

RFP Number: 25-06026-P-AR

Due Date: October 06, 2025

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

NIGP Commodity Code(s): 031-06, 031-055, 031-58, 031-67, 220-14, 911-36, 914-50, 992-47

ATLANTA PUBLIC SCHOOLS

RFP 25-06026-P-AR

ADVERTISEMENT FOR REQUEST FOR PROPOSALS

The Atlanta Independent School System (hereinafter, “Atlanta Public Schools” or “APS”) invites qualified vendors to submit proposals for heating, ventilation, and air conditioning (HVAC).

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.

A Pre-Proposal Conference will be held at the address below on Thursday, August 21, 2025, at 2:00 P.M.

ET:

VDT Facilities Service Center 1631 LaFrance Street, NE

Atlanta, GA 30307

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/201475.

All addendums related to this solicitation will be posted on the Bonfire website at https://aps.bonfirehub.com/opportunities/201475. 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/201475. The Office of Procurement Services will only accept proposals submitted online. Proposal submissions are due no later than 11:00 a.m. ET on October 06, 2025.

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

https://aps.bonfirehub.com/opportunities/201475. 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.

mailto:alando.rozier@atlanta.k12.ga.us https://aps.bonfirehub.com/opportunities/ https://aps.bonfirehub.com/opportunities/201475 https://aps.bonfirehub.com/opportunities/201475

TENTATIVE TIMELINE

09/05/2025 Release RFP 09/12/2025 Pre-proposal conference: 2:00 p.m., ET 09/18/2025 Deadline for written questions, 12:00 p.m., ET 09/25/2025 Response to questions to be posted to Bonfire 10/06/2025 RFP due online at Bonfire by 11:00 a.m., ET 10/06/2025 Administrative Review 10/07/2025 Initial Shortlist Evaluation 10/17/2025 Phase 2 On-Site Interview/Presentations (if applicable) 11/03/2025 Recommendation to the APS Board of Education

TABLE OF CONTENTS

Section 1 Introduction Section 2 Scope of Work Section 3 Requirements for Natural Turf Athletic Fields Section 4 Essential Services for Fields Featuring Natural Turf Section 5 Proposal Submission Requirements Section 6 Company Qualifications and Experience Section 7 Methodology and Operations Section 8 Evaluation Section 9 Additional Requirements Section 10 General Requirements Section 11 General Terms and Conditions Section 12 Award Section 13 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/201475. 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/201475. 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”) IS requesting proposals from qualified vendors to provide Heating, Ventilation, and Air Conditioning (HVAC) Services.

1.1.2 APS is seeking experienced and qualified contractors to provide Heating, Ventilation, and Air Conditioning (HVAC) Services to the district in accordance with all Local, State, and Federal regulations.

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

1.2 BACKGROUND

1.2.1 Atlanta Public Schools (APS) is the seventh-largest school system in Georgia and the eighty-ninth-largest school system in the nation. APS currently serves approximately 50,000 students and operates schools and administrative facilities ranging in size from 31,000 square feet to 485,000 square feet. Some campuses are comprised of a single structure, while others have multiple structures. All schools are within the city limits of Atlanta.

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

1.4.1 It is the intent to award a contract to a primary and an alternate offeror. In the event the primary offeror cannot fulfill the contract requirements, the alternate offeror will be required to complete the contract. 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 the awarded performance of the services.

1.4.2 If awarded to multiple offerors, the contract will be utilized by distributing service needs based on factors such as offeror capacity, geographic coverage, pricing, and specific expertise. This approach ensures flexibility, maintains competitive service quality, and allows us to allocate work efficiently across offerors to best meet our security requirements.

2.0 SCOPE OF WORK

2.1 Projects may include, but not be limited to, the following:

a. Provide routine service repairs and replacement of existing equipment.

b. Provide preventive maintenance and repair service for chillers, boilers, heat exchangers, cooling towers, and all unitary equipment.

c. Provide 24-hour emergency call services, after-hours calls, and calls on weekend/holidays for HVAC equipment, jurisdictional hot water boilers and pressure vessel equipment, including pipe fitting, insulating, sheet metal, mechanical controls, automation controls, and control wiring.

2.2 The overall goal for environmental control systems at APS is to continually maintain environmental conditions as specified by the design parameters of every controlled space, and do so at optimum operating, energy and maintenance cost.

2.3 This contract will include the Replacement and Repair of HVAC Automation Control valves, control sensors, control boards, and control actuators.

2.4 This contract will include all automation service repairs, including calibrating and programming automation controls as well as rediscovering control points on control systems and must be approved by APS before attempting to make repairs.

2.5 The equipment to be serviced will include the following:

2.5.1. Chillers.

Types: Centrifugal, Reciprocating, Screws (Water Cooled, Air Cooled).

Manufacturers: Carrier, McQuay, Trane, York.

2.5.2 Boilers.

Types: Atmospheric, Fin Tube, Forced Draft, Water.

Manufacturers: Bryant, Clever, Aerco, Lochinvar, Peerless, Raypack, RBI, Superior, Patterson Kelly, Teledyne Larrs, Fulton, Paterson Kelly and others.

2.5.3 Other Types: Rooftop systems, Package Systems, Water source Heat Pumps, hot

Water Systems, DX systems, Split Systems, Wall Units, Cascade Systems, VAV Systems, PIU Systems, VFD Systems, VRF Systems, Automation Systems, Ceiling Mounted Systems, Energy Recovery Systems, Humidity Control Systems, Centrifugal Pumps, Flat Panel Heat Exchangers, air flow dampers as well as fire dampers.

2.6 The APS Design Guidelines v2.10, revision December 2017, Division 23 (Heating, Ventilating & Air Conditioning) must be referenced and followed when performing HVAC work with the Atlanta Public School System. The APS Design Guidelines may be viewed on the APS website at:

https://www.atlantapublicschools.us/cms/lib/GA01000924/Centricity/Domain/4657/Bul letin%200004%20-%202020%20-%20HVAC%20Systems.pdf https://www.atlantapublicschools.us/cms/lib/GA01000924/Centricity/Domain/4657/Bulletin%200004%20-%202020%20-%20HVAC%20Systems.pdf https://www.atlantapublicschools.us/cms/lib/GA01000924/Centricity/Domain/4657/Bulletin%200004%20-%202020%20-%20HVAC%20Systems.pdf

2.7 QUALITY ASSURANCE

2.7.1 Applicable Industry Standards: All repairs and installations shall be completed in accordance with state and local mechanical, gas, and plumbing codes.

2.7.2 Warranties‐The contractor shall warrant all materials and workmanship for one (1) year after the date of acceptance by the Atlanta Public Schools. If any of the work is found defective (an imperfection that causes inadequacy or failure of HVAC equipment to work properly) or not in accordance with applicable codes and standards, the contractor shall correct work promptly, at no addition cost and to the full satisfaction of APS.

2.7.3 The contractor shall provide the manufacturer’s warranties for any new equipment and parts.

2.7.4 The contractor shall provide this warranty information with its service report/invoice with each work order. In the event of an emergency, the company shall respond within 24 hours of the request.

2.8 BASIS OF COMPENSATION

2.8.1 When services are requested, compensation to the contractor for service call response will be based on the hourly labor rates provided on the submitted pricing sheet in the quote, the actual cost of parts plus a percentage markup indicated in the same quote (but not to exceed 15%) and a fixed trip charge when applicable.

2.8.2 Hours shall be calculated daily from the time the contractor’s personnel arrive at a service location until the personnel leaves the site.

2.8.3 Travel time to and from the location will not be compensated and travel time away from the service location will not be compensated on an hourly basis. However, one service call charge of a fixed amount may be added to a service call to cover all travel time, including time away from the service site to pick up parts or materials.

2.8.4 Only one trip charge may be billed for multiple work orders performed by the same technician on the same day at the same site when dispatched once to the site that day.

2.8.5 Overtime labor rates may be charged for time outside of the “normal hours” specified in section 2.11.

2.8.6 Parts must be itemized and billed at actual cost plus the pre‐determined markup.

2.8.7 The contractor shall provide documentation of costs for parts and materials upon request of Atlanta Public Schools.

2.8.8 Sub‐contractor services, when authorized by Atlanta Public Schools, shall be billed at cost plus the same markup utilized for parts and materials. Sub‐contractor costs must be documented.

2.8.9 All sub‐contractors must be pre-approved by an Atlanta Public Schools representative prior to the work being performed.

2.9 Procedures for Repairs and Equipment in Excess of Seven Thousand Five Hundred Dollars

($7,500.00).

2.9.1 If the contractor expects a repair to exceed $7,500, the contractor’s HVAC technician or service manager shall contact the Atlanta Public Schools Director HVAC Services prior to initiating the repair and shall provide a written estimate of the repair costs.

2.9.2 The estimate shall include a detailed listing of expected labor costs by personnel classification, rate and hours, an itemized description of required parts and their costs and a schedule for when the work can be performed.

2.9.3 The estimate shall be viewed as an amount not to exceed, not a flat fee price.

2.9.4 The estimate must be approved in writing by Atlanta Public Schools’ Director HVAC Services and must be retained and submitted by the contractor to the Atlanta Public Schools with the final Contractor Service Report and invoice.

2.9.5 Invoices submitted for projects must reflect actual labor/man hours used to complete the work, material costs and mark‐up.

2.9.6 If the contractor’s repair estimate exceeds 85% of the cost of a major equipment element or a complete unit of the HVAC system, the contractor shall notify the Atlanta Public Schools Director HVAC Services of the situation prior to any repair activities. All major equipment replacements require submittals for review and written approval

2.9.7 It will be the sole discretion of the Atlanta Public Schools Director HVAC Services whether to proceed with the repair or replace the equipment/unit.

2.9.8 Depending on the situation, Atlanta Public Schools may authorize the contractor to proceed with the purchase and installation of the replacement equipment/unit, or the district may choose to purchase the equipment/unit through the Atlanta Public Schools’ procurement procedures and provide it to the contractor for installation.

2.10 REPORTS AND INVOICING

Each completed service request shall be documented by a contractor service report. The Contractor Service Report should include the following information:

a. Purchase Order Number

b. APS Work Order Tracking Number “Work order number in Aim work order system.”

c. Location of Services‐facility Name/Address

d. Date(s) of Service

e. Description of work performed

f. Personnel (indicate the individuals assigned, rates and hours worked for each day)

g. Parts and Materials‐ Description, quantity, cost, markup

h. Specific equipment

i. Total Cost

2.11 WORKING ON APS SITES

2.11.1 Typically business hours are 7:00 a.m., ET to 5:00 p.m., ET unless otherwise indicated by an authorized representative from APS.

2.11.2 The Contractor shall maintain a single point of contact on a 24‐hour basis. An alternate may be assigned with the knowledge and permission of the Owner’s Representative.

2.11.3 All personnel shall be dressed in a manner authorized by the vendor, unless otherwise indicated by APS in writing. A uniform that identifies the worker as an employee of the vendor’s workforce shall be worn at all times during work hours. The uniform should identify the company’s name. Company shirts and APS badges must be visible. Attire not within the standards of APS will not be authorized.

2.11.4 The vendor’s employees are expected to exhibit professional, courteous conduct and an appropriate appearance at all times. Any conduct or appearance deemed inappropriate by an APS representative will be grounds for removal from APS property. Vendor 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 be cause for the employee to be removed from the premises. Also, radios or audible music are not allowed at worksites. Vendor shall assign the required staff to each location to be serviced.

2.11.5 The vendor shall be responsible for repairing or replacing, to the satisfaction of Atlanta Public Schools, any damage caused by any willful or negligent act of its employees. The vendor is also liable for any theft proven to be either committed by its employees or made possible by willful or negligent action of its employees. APS reserves the right to remove vendor from site based on the severity of the acts committed by the vendor’s staff.

2.11.6 The vendor must reimburse any costs incurred by Atlanta Public Schools due to illegal or inappropriate conduct by the vendor’s employees. Such costs shall include, but are not limited to the following:

1. Re‐keying or restoring of locks; Service charges levied by security alarm vendors, law enforcement agencies, or security companies in response to false alarms;

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

2.11.7 APS reserves the right to remove vendor from site based on the severity of the acts committed by the vendor’s staff. The acts would be reviewed by assigned APS staff members.

2.11.8 No work shall be performed in an area where children may return later in the day unless approved by Owners Representative.

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

2.11.10 Vendor vehicles shall be clearly marked with vendor name and phone number.

2.11.11 APS is a tobacco and vapor free environment; tobacco and vaping use is prohibited on all APS properties.

2.11.12 Salvaged equipment shall be returned to APS at the owner’s request.

2.12 SERVICE LEVEL AGREEMENT

2.12.1 The contractor agrees to complete assigned work orders in a timely fashion per the following:

1. Routine repairs (work orders less than $7,500.00 in value) shall be completed within 10 days of issue.

2. Routine repair project work order (in excess of $7,500.00 in value), shall be completed within 15 days, unless there’s a lead time greater than 10 days on material & parts delivery, at which time , this may be extended for additional 5-day increments pending the unique situation and availability of parts, fabrication, and off hours scheduling.

3. Routine Enhancements work order (enhancements less than $7,500.00) shall be completed within 15 days of issue. An enhancement is a modification to a system, or an upgrade in equipment that enhances the performance or design.

4. Enhancement project work order (enhancements more than $7,500.00) shall be completed within 60 days of issue, unless there’s a lead time greater than 10 weeks on materials, parts & delivery, at which time, this may be extended for additional seven (7) day increments pending the unique situation and availability of parts, fabrication and off hours scheduling.

5. Any work that is over $7,500.00 must be approved by the Director HVAC Services.

a. All work orders issued under this subcontract shall be prioritized in the following way:

1. Emergency (anything that is deemed to be a life safety issue, or anything that may cause immediate damage to APS property or potentially cause harm to faculty, students or other staff.)

2. Priority class 2 (anything that hinders the learning environment)

3. Priority class 3 (the remaining requests shall be performed in the order that they are received)

3.0 PROPOSAL SUBMISSION REQUIREMENTS

3.1 MANDATORY REQUIREMENTS (See list in section 5.2 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 5, 6, and 7 in the Bonfire Portal. Failure to respond to Sections 5, 6, and 7 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/201475.

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 Provide documentation of a minimum of five (5) years' performance record demonstrating successful completion of commercial HVAC work in a school-like or school-like / industrial environment.

4.2 Provide an organizational chart with names and responsibilities to support APS.

4.3 Provide a copy of your current State of Georgia Non-Restricted Air-Conditioned Air License (Class II), Certificate of Authority to install boilers, and certified welder’s certificates.

4.4 Provide three (3) references from previous customers with examples of installations and repairs of equipment equal to the commercial load and brand names installed in APS Schools. Include any automation work, boiler, chiller, ceiling hung water systems, valve replacements, tower and chiller service also types of PM’s performed on HVAC equipment.

4.5 Indicate if your company has been a service provider for a public or provide school system and if so provide the name of the system and number of facilities serviced.

5.0 METHODOLOGY AND OPERATIONS

5.1 Provide the number of full-time employees you have in the following categories available to support APS.

a. Boiler tech

b. Chiller tech

c. Control tech

d. Design HVAC Engineers

e. Electrician

f. Helper

g. HVAC Lead tech

h. HVAC tech

i. Insulator

j. Journeyman

k. Laborer

l. Pipefitter

m. Senior Tech

n. Sheet metal tech

o. VFD/VRF tech

p. Welder

5.2 Provide the following information on equipment available to support APS within a 24-hour time frame.

a. Number of trucks

b. Number of cranes

c. Number of lifts

d. Number of temporary chillers

e. Number of temporary boilers

5.3 Provide the following categories as a service inside your organization:

a. Electrical

b. HVAC Service work

c. Welding

d. Sheet metal

e. Pipe fitting

f. Control work

g. Construction

5.4 Submit examples of the volume of service work your company has provided to a commercial customer / school during this cycle profile.

5.5 Provide a certified test and balance report from a current customer and a copy of an operating permit from the metro-Atlanta area for recently installed equipment.

5.6 Provide a sample quote sheet from your PM Technician with records that display dates and frequencies of previous projects.

5.7 Describe your reporting capabilities and provide sample reports.

5.8 Describe your hiring process, including recruiting, screening, and training.

6.0 PRICING

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

7.6 Proposals will be evaluated on the following criteria:

# Criteria for Phase I Points Possible

1 Company Qualifications and Experience 40

2 Methodology and Operations 40

3 Cost – Attachment A – Price Proposal Form 20

Total 100

7.7 The formula to evaluate prices is as follows:

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

7.8 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.

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

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

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

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

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

7.9.4 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.

7.9.5 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.

7.9.6 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.

7.9.7 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.

7.9.8 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

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 Offeror’s employees are expected to exhibit professional, courteous conduct and an 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.

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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. EST unless otherwise indicated herein. Facilities Hours are: 7:00 a.m. EST 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.

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

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:

https://www.atlantapublicschool.us/Page/22476 https://www.atlantapublicschools.us/Domain/3944

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 https://b2gnow.gob2g.com/?TN=APS https://aps.bonfirehub.com/portal/?tab=openOpportunities 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…