6-26-121202-P-AR Energy Conservation Consultant.pdf

Purchasing Services 130 Trinity Avenue, S.W.

4th Floor Atlanta, Georgia 30303

Request for Proposals (RFP)

For

ENERGY CONSERVATION CONSULTANT

Date: February 12, 2026

RFP Number:

Due Date:

Time Due:

NIGP Commodity Code(s):

26-121202-P-AR

March 13, 2026

11:00 a.m., ET

918-41, 910-16, 925-34, 961-31, 906-27, 906-28, 958-25

ATLANTA PUBLIC SCHOOLS

RFP 26-121202-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 Energy Conservation Consultant.

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 via Microsoft Teams call at the Microsoft Teams online address link below on Thursday, February 19, 2026, at 2:00 p.m. ET.

Microsoft Teams Meeting

Join:

https://teams.microsoft.com/meet/22967864989497?p=CputDCG2e4r5MsxAUB

Meeting ID: 229 678 649 894 97 Passcode: CG7wW9eZ

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/220294.

All addendums related to this solicitation will be posted on the Bonfire website at https://aps.bonfirehub.com/opportunities/220294. 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/220294. The Office of Procurement Services will only accept proposals submitted online. Proposal submissions are due no later than 11:00 a.m. ET on March 13, 2026.

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

https://aps.bonfirehub.com/opportunities/220294. 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://teams.microsoft.com/meet/22967864989497?p=CputDCG2e4r5MsxAUB https://aps.bonfirehub.com/opportunities/ https://aps.bonfirehub.com/opportunities/220294 https://aps.bonfirehub.com/opportunities/220294

TENTATIVE TIMELINE

02/12/2026 Release RFP 02/19/2026 Pre-proposal conference: 2:00 p.m., ET 02/25/2026 Deadline for written questions, 12:00 p.m., ET 03/05/2026 Response to questions to be posted to Bonfire 03/13/2026 RFP due online at Bonfire by 11:00 a.m., ET 03/16/2026 Administrative Review 03/17/2026 Initial Shortlist Evaluation 03/30/2026 Phase 2 On-Site Interview/Presentations (if applicable) 05/04/2026 Recommendation to the APS Board of Education

TABLE OF CONTENTS

Section 1 Introduction Section 2 Scope of Work Section 3 Submission Requirements for Energy Conservation Consultants 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/220294. 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/220294. 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 vendors to submit a proposal for an owner’s representative service.

1.1.2 APS is looking to have a vendor for this service. The vendor will perform all scope of work under the contract.

1.2 BACKGROUND

1.2.1 Atlanta Public Schools (APS) consistently applies efforts toward energy sustainability. A key objective is to optimize energy efficiency in APS buildings and operations.

1.2.2 APS operates 129 facilities totaling approximately 60,705,216 square feet. Energy and utility costs currently average $5,596,654.78 annually. APS is pursuing a Guaranteed Energy Savings Performance Contract (GESPC) to reduce utility expenditures, address deferred maintenance, and improve environmental sustainability.

1.2.3 Atlanta Public Schools is in the process of updating its educational facilities via a major capital construction program and a capital maintenance program to ensure safe and conducive learning environments for its students and adequate programming spaces in support of all planned instructional spaces.

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

2.0.1 APS is soliciting an energy consulting firm to provide full-service consultation, oversight, measurement, and verification of performance for the duration of a future Energy Savings Performance Contract and improve a school district’s energy efficiency and maintenance. The primary objective of the Energy Savings Performance Contract (ESPC) is to replace failing systems and upgrade inefficient systems to reduce the cost of energy and improve the condition of spaces in APS facilities.

2.0.2 APS is soliciting proposals from a qualified Vendor to provide owner’s representative services to assist with planning, development, and implementation of an energy savings performance contract solution through an RFP, tailored to APS’ energy needs, resulting in energy utility savings consistent with those of the City of Atlanta. The Consultant may collaborate with outside firms or individuals as necessary to achieve APS' goals. The Consultant shall designate a primary point of contact and provide monthly progress reports.

2.0.3 Also, the Vendor will maintain energy conservation measures (ECMs) to enhance energy efficiency and reduce operating costs at district facilities. The key objectives include:

a. Improve facility efficiency

b. Reduce energy costs

c. Enhance comfort and safety

d. Support educational goals and address the unique operational and financial challenges of a school environment.

2.1 ADDITIONAL REQUIREMENTS:

a. Serve as the owner's liaison, facilitating clear communication among stakeholders, including energy services company (ESCOs), designers, contractors, and regulators.

b. Monitor construction closely for adherence to safety plans, design specs, and contractual obligations; provide quality control and commissioning oversight.

c. Manage project documentation flow, tracking RFI/RFP (Requests for Information, Request for Proposal), change orders, meeting minutes, and payment milestones.

d. Ensure effective post-installation reporting and verification of energy performance against contract guarantees.

e. Leverage available federal and state incentives, grants, and tax credits by coordinating with the project and finance teams.

f. Provide continuous risk management by identifying potential issues early and working proactively to keep the project on schedule and budget.

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/220294.

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

Due to the Owner’s desire to retain a Firm that specializes in representing School Districts in the procurement and implementation of Energy Performance Contracts (EPCs), the successful proposer will limit their responses to experience and qualifications with comprehensive management, design review, and supervision directly relating to EPC Projects.

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

4.2 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.

4.3 Provide description of the proposed management structure and a list of the licensed Professional Engineers, Architects, Certified Energy Managers (CEM), Certified Energy Auditors (CEA), Certified Building Commissioning Professionals (CBCP), Certified Measurement & Verification Professional (CMVP) and other industry- recognized Certified professionals that are in-house and available to work on this project and their related experience developing and managing Energy Performance Contracts. The response shall include an organizational chart.

4.4 Describe how the firm will complete the scope of work. Include a description of the relevant services provided by your firm in the past five years.

• Brief project description.

• Owner’s representative, including contact name, phone, email, and address.

• Contract dollar amount, completion date, and total period involved.

• Legal claims, if applicable

• Discuss the methods, approaches, and controls used on the project to complete it in an effective, timely, economical, and professional manner.

4.5 Describe your knowledge and experience with specific statutes, codes, rules, practices, procurement, and processes governing ESPC within the state of Georgia.

4.6 Sample agreements or professional service contract language, including deliverables, reporting, and performance guarantees

4.7 The contractor must demonstrate the successful completion of similar projects in public schools in Georgia, providing several references and proof of experience.

4.8 Evaluation includes technical strategies for facility improvements, training, operations, and measurement/verification approaches.

5.0 METHODOLOGY AND OPERATIONS

5.1 Describe your firm’s methods to conduct thorough energy audits and develop a strategic energy plan aligning with the owner’s sustainability goals and operational needs.

5.2 Describe your firm’s methods to engage early in project development to help define owner objectives, draft RFP language, and assist with energy services company (ESCO) selection based on technical and financial criteria.

5.3 Describe your firm’s methods to critically review investment-grade audits (IGA), engineering studies, and financial proformas to validate energy savings potential and risk mitigation.

5.4 Describe your firm’s methods to plan and oversee measurement and verification (M&V) approaches per recognized protocols International Performance measurement and verification protocol (e.g., IPMVP) to ensure savings accuracy and accountability.

5.5 Describe your firm’s methods to coordinate compliance with all relevant codes, regulations, and energy performance standards throughout the project lifecycle.

REFERENCES

The response shall include at least three (3) references for similar services that have been provided by your firm and dates of service. Please include reference name, company, email address, and phone number. Also include a description of services provided.

5.6 References to demonstrate expertise in all the following types of technology:

a. Energy Efficiency

b. Renewable energy

c. Microgirds & Resilience Technology

d. Battery Energy Storage Systems (Bess)

e. Electric Vehicle/Bus & Infrastructure Planning/Design/Oversight

5.7 References to demonstrate experience across all levels of government:

a. Federal Government

b. State Government Agencies

c. Local Municipal Government Agencies

d. Local Educational Agencies (LEAs)

5.8 References to demonstrate experience in all of the following contract types:

a. Energy Savings Performance Contracts (ESPC’s)

b. Energy-as-a-Service (EaaS)

c. Power Purchase Agreements (PPA’s)

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:

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.

# Criteria for Phase I Points Possible

1 Company Qualifications and Experience 40

2 Methodology and Operations 50

3 Cost – Attachment A – Price Proposal Form 10

Total 100

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 Offerors’ 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 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.

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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 are 7:00 a.m. 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.

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

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.

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

(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”).

https://www.atlantapublicschools.us/Domain/3944

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 https://b2gnow.gob2g.com/?TN=APS 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.

https://aps.bonfirehub.com/portal/?tab=openOpportunities http://ssl.doas.state.ga.us/PRSapp/PR_login.jsp

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 $2,000,000 Products & Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury $500,000 Damages to Premises / Fire Legal $5,000 Medical Payments

10.5.19 Automobile Liability Insurance

The Offeror shall procure and maintain Automobile Liability Insurance in an amount not less than $1,000,000 for bodily injury and property damage combined single limit, except for products or services that are remote. The following extensions of coverage shall be provided and indicated on the certificate of insurance.

Owned, hired, leased, and non-owned vehicles must be covered.

If the Offeror does not own any vehicles in the corporate name, non-owned vehicle coverage shall apply and must be endorsed on either the Offeror’s personal automobile policy or the Comprehensive General Liability coverage required under this Agreement.

10.5.20 Umbrella Liability Insurance. The Offeror shall procure and maintain Umbrella Liability Insurance in an amount not less than $1,000,000 per occurrence / $2,000,000 aggregate.

10.6 CONTRACT AWARD

Typically, a contract is awarded to the responsible Offeror whose submittal is determined, at the discretion of APS, to be the most advantageous. APS reserves the right to refuse to award a contract to any Offeror, however.

10.7 NON-DISCRIMINATION

The offeror agrees to not discriminate against any person or persons in employment or refuse to continue the employment of any person or persons, because of such person’s or persons’ race, color, religion, gender, national origin, age, veteran status, disability, familial status, or sexual orientation.

10.8 PROTESTS

Written protests relative to the specifications or the solicitation document shall be filed not later than five (5) working days prior to the requested due date. Other written protests shall be filed not later than five (5) working days after the requested due date, or if the written protest is based on subsequent action of the APS, not later than five (5) working days after the aggrieved person knows or should have knowledge of the facts giving rise to the protest. Written protests are considered filed when received by the Executive Director of Procurement Services. Protests that are not filed in a timely manner, as set forth above, will not be considered.

10.9 TAXES

APS is exempt from all state sales tax and federal excise tax. These taxes shall not be included in pricing.

10.10 COMPLIANCE WITH APPLICABLE STATE, FEDERAL, AND LOCAL LAW

The offeror shall, at its own expense, obtain all necessary permits, give all notices, pay all license fees and taxes, and comply with all applicable State, Federal, and local laws, ordinances, rules, and regulations. The offeror shall agree that in the performance of the contract, the offeror will comply with all local agreements which the offeror has made with any association, union, or other entity with respect to wages, salaries, and working conditions, so as not to cause inconvenience, picketing, or work stoppage.

10.11 COMMENCEMENT, EXECUTION, AND COMPLETION

The offeror shall commence work under a contract at the time specified in the purchase order or written notice from the owner and shall execute and complete such work with competence, faithfulness, and energy.

10.12 ASSIGNMENT OF CONTRACT

The offeror shall not assign, transfer, delegate, or in any way give its rights, title, or interest therein, or its power to execute such contract to another person, company, or corporation, without the prior written consent of the Atlanta Public Schools.

10.13 MODIFICATIONS TO CONTRACT ONCE EXECUTED

Terms and conditions may be added, modified, and deleted upon mutual agreement between APS and the offeror, provided that such terms and conditions remain within the scope and original intent of the solicitation. Any and all modifications shall be expressed in writing and approved by the Executive Director of Procurement Services prior to the enactment of such modification.

10.14 DELIVERY

Prices, bids, and deliveries are to be FOB destination, freight prepaid and shall require inside delivery unless otherwise specified in the solicitation documents. Title and risk of loss shall pass to APS upon inspection and acceptance at its designated point of delivery unless otherwise specified in the solicitation documents.

10.15 FISCAL FUNDING

Notwithstanding any other provision of this agreement, the parties hereto agree that the charges hereunder payable to the offeror by the APS are funded solely from appropriations received by APS.

In the event such appropriations are determined by the Chief Financial…