7-GENERAL TERMS AND CONDITIONS 10-2022.pdf

General Terms and Conditions Updated 10/2022

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:

1. INTRODUCTION

To be entitled for consideration, proposals shall be submitted online at https://aps.bonfirehub.com/portal/?tab=openOpportunities. The Office of Purchasing and Warehouse Operations Services will only accept proposals submitted online. Proposal submissions are due 11:00 a.m., ET on the date outlined in each solicitation (as determined by the time stamp clock when submitted online).

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.

2. OWNER

The Owner for whom the work will be executed is Atlanta Independent School System (hereinafter “APS”, “District”, or the “Board”).

3. PURCHASING POLICY

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 participation 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.

4. ADDENDUM

Addendum(s) issued in writing during the time of solicitation will be incorporated in the subsequent contract. No oral interpretations will be made to Offeror as to meaning of solicitation documents. Requests for such interpretations shall be made in writing to the Executive Director of Purchasing and Warehouse Operations Services not later than seven (7) days prior to the time for receiving proposals, and failure on the part of the successful bidder/contractor 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. 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 Purchasing and Warehouse Operations Services Department. If solicitation documents were obtained via the APS website, review website for any addendum(s) up until the date and time proposal is due.

5. It is the offeror’s responsibility to check the APS website for any addendums, responses to bidder/contractor questions, or other communications regarding the solicitation.

https://aps.bonfirehub.com/portal/?tab=openOpportunities

6. BIDDER/CONTRACTOR ELIGIBILITY AND FORMAL SOLICITATION INFORMATION

6.1 Bidder/Contractor Registration

If the bidder/contractor is awarded a contract under this solicitation, in order to do business with APS a bidder/contractor must first register with the district. The bidder/contractor must complete and submit an application to Procurement Services. The application is available at https://b2gnow.gob2g.com/?TN=APS . The application takes 5- 7 business days to process. Once the application has been processed the bidder/contractor will be assigned a bidder/contractor number. Bidder/contractors are responsible for notifying Purchasing and Warehouse Operations Services of any changes in company or company contact information.

6.2 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.

6.3 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 purchases 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

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

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

7. INDEMNIFICATION

7.1 The bidder/contractor 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 bidder/contractor, its agents, servants, or employees in the performance of services under this contract.

7.2 The bidder/contractor 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 bidder/contractor 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 https://b2gnow.gob2g.com/?TN=APS https://aps.bonfirehub.com/portal https://ssl.doas.state.ga.us/PRSapp/

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.

8. CONTRACT AWARD

Contracts are awarded to the responsible bidder/contractor /Contractor whose submission is determined, at the sole discretion of APS, to be the most advantageous to the district. APS reserves the right to refuse to award a contract to any Offeror.

9. PURCHASE ORDERS

Bidder/contractor shall not provide goods or services until an official purchase order has been issued by APS’s Procurement Services Department.

10. LOCAL PREFERENCE

In order to encourage and promote Atlanta Public Schools contracting opportunities with local businesses, formal solicitation processes may give preference to proposals (RFP’s) and bids (IFB’s) from local businesses based on the following rules. Local preferences are prohibited when federal funds are the source of funding. Local businesses that wish to receive preferential consideration shall submit a copy of their Occupation Tax Registration Certificate issued by Clayton, Cobb, DeKalb, Fulton or Gwinnett counties or by a city government located with the five-county metro area (e.g. Atlanta, Decatur, Marietta) covering the last 12 month period to certify qualification or the preference as part of each proposal or response.

11. NON-DISCRIMINATION

The bidder/contractor 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.

12. PROTESTS

Written protests relative to the specifications or the solicitation document shall be filed not later than five (5) working days prior to requested due date. Other written protests shall be filed not later than five (5) working days after 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 Purchasing and Warehouse Operations Services. Protests that are not filed in a timely manner, as set forth above will not be considered.

13. TAXES

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

14. COMPLIANCE WITH APPLICABLE STATE, FEDERAL AND LOCAL LAW

The bidder/contractor 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 bidder/contractor shall agree that in the performance of the contract, the bidder/contractor will comply with all local agreements which the bidder/contractor 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.

15. COMMENCEMENT, EXECUTION AND COMPLETION

The bidder/contractor 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.

16. ASSIGNMENT OF CONTRACT

The bidder/contractor 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 prior written consent of the Atlanta Public Schools.

17. MODIFICATIONS TO CONTRACT ONCE EXECUTED

Terms and conditions may be added, modified and deleted upon mutual agreement between APS and the bidder/contractor 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 Purchasing and Warehouse Operations Services prior to the enactment of such modifications.

18. DELIVERY

Prices, quotes 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.

19. FISCAL FUNDING

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

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

Officer/Comptroller of APS to no longer exist or to be insufficient with respect to the charges payable hereunder, this agreement shall terminate without further obligation of APS at the end of any fiscal period (hereinafter referred to as “Event”). In such event, the

Executive Director of Purchasing and Warehouse Operations Services shall certify to the bidder/contractor the occurrence thereof.

20. INVOICING

20.1 The original copy of itemized invoices must be submitted to:

Atlanta Public Schools apinvoices@atlanta.k12.ga.us Accounts Payable Department P. O. Box 4659 Atlanta, GA 30302

20.2 Invoices must include the APS purchase order number and the “ship to” location where the goods and/or services were delivered that do not include this information will be returned to the bidder/contractor.

20.3 Separate invoices are required for each purchase order.

20.4 The accounts payable department may be contacted at 404-802-2400.

21. BIDDER/CONTRACTOR PAYMENT

APS may make payments to bidder/contractor s via one of the following:

a. Automated Clearing House (ACH)

b. Check

c. Purchasing Card

22. PAYMENT

Payment for a single line item or partial service when the item or service has been satisfactorily delivered may be made within thirty (30) days from either the date of delivery or the receipt of satisfactory invoice in duplicate, whichever occurs last (unless otherwise noted in the documents).

23. REPORTS

The bidder/contractor shall furnish all reports as requested by the owner.

24. CONTRACT EXTENSIONS

24.1 Should APS chose to renew a contract, the bidder/contractor will be contacted regarding their wiliness to renew the contract for an additional one year period.

24.2 At the end of each contract term, the awarded bidder/contractor may request a price re-determination. Price re-determination requests must be submitted to the Procurement Services Contract Administrator ninety (90) days prior to the contract term expiration date accompanied by justification of price re-determination. APS may, at its discretion:

a. Accept the proposed price re-determination.

b. Reject the proposed price re-determination.

c. Suggest an alternative price re-determination.

mailto:apinvoices@atlanta.k12.ga.us

24.3 If APS rejects a proposed price re-determination the awarded bidder/contractor may:

a. Continue with the existing pricing.

b. Suggest an alternative price re-determination.

c. End the contract.

25. TERMINATION

25.1 APS reserves the right, at its discretion, to terminate for convenience any contract awarded.

25.2 In the event any property or service to be furnished by the offeror under a contract or purchase order should for any reason not conform to the requirements for this solicitation, APS may reject the property or service and terminate the contract for default.

With specific instructions by the Executive Director of Purchasing and Warehouse Operations Services, the bidder/contractor shall immediately remove the rejected property and replace with such property or services conforming to the requirements of this solicitation without expense to the APS.

25.3 If the contract is terminated for default, APS may procure such property or services from other sources and shall have the absolute right to deduct from any monies due to the bidder/contractor or that may thereafter become due to the bidder/contractor, the difference between the contract price and the actual cost of the property or service to be replaced or substituted. If monies due to the bidder/contractor are not sufficient to satisfy the debt, the bidder/contractor shall pay any monies due to APS within thirty (30) days of written notice. The price paid by APS in such event shall be the prevailing market price at the time the substitute purchase is made.

25.3.1 Immediate Termination. This Contract will terminate immediately and absolutely if the district determines that adequate funds are not appropriated or granted or funds are de-appropriated such that the district cannot fulfill its obligations under the Contract, which determination is at the District’s sole discretion and shall be conclusive. Further, the District may terminate the Contract for any one or more of the following reasons effective immediately without advance notice:

a. In the event the bidder/contractor is required to be certified or licensed as a condition precedent to providing goods and services, the revocation or loss of such license or certification may result in immediate termination of the Contract effective as of the date on which the license or certification is no longer in effect;

b. The District determines that the actions, or failure to act, of the bidder/contractor, its agents, employees or subcontractors have caused, or reasonably could cause, life, health or safety to be jeopardized;

c. The bidder/contractor fails to comply with confidentiality laws or provisions;

and/or

The bidder/contractor furnished any statement, representation or certification in connection with the Contract or the bidder/contractors’ process, which is materially false, deceptive, incorrect or incomplete.

25.3.2 Termination for Cause. The occurrence of any one or more of the following events shall constitute cause for the District to declare the bidder/contractor in default of its obligations under the Contract:

a. The bidder/contractor fails to deliver or has delivered nonconforming goods or services or fails to perform, to the District’s satisfaction, any material requirement of the Contract or is in violation of a material provision of the Contract, including, but without limitation, the express warranties made by the bidder/contractor;

b. The district determines that satisfactory performance of the Contract is substantially endangered or that a default is likely to occur;

c. The bidder/contractor fails to make substantial and timely progress toward performance of the Contract;

d. The bidder/contractor becomes subject to any bankruptcy or insolvency proceeding under federal law or APS’s Board of Education policy or State law to the extent allowed by applicable federal or county or state law including bankruptcy policy; the bidder/contractor terminates or suspends its business; or the District reasonably believes that the bidder/contractor has become insolvent or unable to pay its obligations as they accrue consistent with applicable federal or state law;

e. The bidder/contractor has failed to comply with applicable federal law, APS Board of Education policy and State laws, rules, ordinances, regulations and orders when performing within the scope of the Contract;

f. The bidder/contractor has engaged in conduct that has or may expose the district to liability, as determined in the district’s sole discretion; or

g. The bidder/contractor has infringed any patent, trademark, copyright, trade dress or any other intellectual property rights of the district or a third party.

25.3.3 Notice of Default. If there is a default event caused by the bidder/contractor, the

District shall provide written notice to the bidder/contractor requesting that the breach or noncompliance be remedied within the period of time specified in the District’s written notice to the bidder/contractor. If the breach or noncompliance is not remedied within the period of time specified in the written notice, the District may:

a. Immediately terminate the Contract without additional written notice;

and/or

b. Procure substitute goods or services from another source and charge the difference between the Contract and the substitute contract to the defaulting bidder/contractor; and/or,

c. Enforce the terms and conditions of the Contract and seek any legal or equitable remedies.

Termination for Convenience. Following thirty (30) days’ written notice, the District may terminate the Contract in whole or in part without the payment of any penalty or incurring any further obligation to the bidder/contractor.

Following termination upon notice, the bidder/contractor shall be entitled to compensation, upon submission of invoices and proper proof of claim, for goods and services provided under the Contract to the District up to and including the date of termination.

25.3.4 Termination Due to Change of Law. The District shall have the right to terminate this Contract without penalty by giving thirty (30) days’ written notice to the bidder/contractor as a result of any of the following:

a. The District’s authorization to operate is withdrawn or there is a material alteration in the programs administered by the District; and/or

b. The District’s duties are substantially modified.

25.3.5 Payment Limitation in Event of Termination. In the event of termination of the Contract for any reason by the District, the District shall pay only those amounts, if any, due and owing to the bidder/contractor for goods and services actually rendered up to and including the date of termination of the Contract and for which the District is obligated to pay pursuant to the Contract or Purchase Instrument.

Payment will be made only upon submission of invoices and proper proof of the bidder/contractor ’s claim. This provision in no way limits the remedies available to the District under the Contract in the event of termination. The District shall not be liable for any costs incurred by the bidder/contractor in its performance of the Contract, including, but not limited to, startup costs, overhead or other costs associated with the performance of the Contract.

25.4 The bidder/contractor ’s Termination Duties. Upon receipt of notice of termination or upon request of the District, the bidder/contractor shall:

25.4.1 Cease work under the Contract and take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report within thirty (30) days of the date of notice of termination, describing the status of all work under the Contract, including, without limitation, results accomplished, conclusions resulting therefrom, and any other matters the District may require;

25.4.2 Immediately cease using and return to the District, any personal property or materials, whether tangible or intangible, provided by the District to the bidder/contractor;

25.4.3 Comply with the District’s instructions for the timely transfer of any active files and work product produced by the bidder/contractor under the Contract;

25.4.4 Cooperate in good faith with the District, its employees, agents and bidder/contractor s during the transition period between the notification of termination and the substitution of any replacement bidder/contractor; and

25.4.5 Immediately return to the District any payments made by the District for goods and services that were not delivered or rendered by the bidder/contractor.

26. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE REQUIREMENTS

26.1 EEO CLAUSE REQUIREMENT

Unless otherwise authorized by law, all contracts and purchase orders entered in APS shall incorporate an equal employment opportunity (“EEO”) clause. Compliance with this section shall be considered met when the EEO clause is set forth in an exhibit attached to the contract and appropriate language incorporating the exhibit into the contract is set forth therein.

26.2 NOTICE

The EEO clause shall be included as a specification and shall appear on all invitations for bids, requests for proposals, and all other solicitations, contracts and purchase orders prepared and issued by the department of purchasing.

26.3 FEDERAL GUIDELINES ADOPTED

The federal guidelines, relating to nondiscrimination in employment by government contractors and subcontractors promulgated by Executive Order No. 11246 of September 29, 1965, as amended by Executive Order No. 11375 of October 13, 1967, sections 202, 203, and 204 of part II of such orders, are hereby entering into contracts with the APS, unless otherwise authorized by law, shall comply with the same.

26.4 FAILURE TO INCORPORATE EEO CLAUSE

APS shall have the right to reject any or all bids or proposals and shall not enter into contract or purchase order with any person who fails to comply with the Equal Employment Opportunity Requirements of this section, and with the requirements of the section titled Equal Employment Opportunity.

26.5 DURING THE PERFORMANCE OF THIS AGREEMENT, SAID BIDDER/CONTRACTOR AGREES AS

FOLLOWS:

26.5.1 The bidder/contractor shall not discriminate against any employee, or applicant for employment, because of race, religion, color, sex, national origin marital status, age or disability. As used here, the words ‘shall not discriminate’ shall mean and include without limitation the following: “Recruited, whether by advertising or other means; compensated, whether in the form of rates of pay, or other forms of compensation; selected for training, including apprenticeship;

promoted; upgraded; demoted; downgraded; transferred; laid off and terminated. The bidder/contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of the EEO clause.

26.5.2 The bidder/contractor shall, in all solicitations or advertisements for employees, placed by or on behalf of the bidder/contractor , state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin.

26.5.3 The bidder/contractor shall send to each labor union or representative of workers with which the bidder/contractor may have a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker’s representative of the bidder/contractor ’s commitments under the Equal Employment Opportunity Program of APS and under the policy of its Board of Education shall post copies of the notice in conspicuous places available to employees and applicants for employment. The bidder/contractor shall register all workers in the skilled trades who are below the journeyman level with the U.S.

Bureau of Apprenticeship and Training.

26.5.4 The bidder/contractor shall furnish all information and reports required by the

Procurement Department and shall permit access to the books, records, and accounts of the bidder/contractor during normal business hours by the Procurement Department for the purpose of investigation so as to ascertain compliance with the bidder/contractor ’s duty of non-discrimination.

26.5.5 The bidder/contractor shall take such action with respect to any subcontractor as APS may direct as a means of enforcing the provisions of paragraphs (a) through

(h) herein, including penalties and sanctions for noncompliance.

26.5.6 The bidder/contractor and its subcontractors, if any, shall file compliance reports at reasonable times and intervals with APS in the form and to the extent prescribed by the Procurement Department. Compliance reports filed at such times directed shall contain information as to employment practices, policies, programs and statistics of the bidder/contractor and its subcontractors.

26.5.7 The bidder/contractor shall include the provisions of paragraphs (a) through (h) of this equal employment opportunity clause in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or bidder/contractor.

26.5.8 A finding, as hereinafter provided, that a refusal by the bidder/contractor or subcontractor to comply with any portion of this program as herein provided and described, may subject the offending party to any or all of the following penalties:

i. Withholding from the bidder/contractor in violation all future payments under the involved contract until it is determined that the bidder/contractor or subcontractor is in compliance with the provisions of the contract.

ii. Refusal of all future bids for any contract with the APS or any of its departments or divisions until such time as the bidder/contractor or subcontractor demonstrates that there has been established and there shall be carried out all of the applicable provisions of the relevant Federal executive orders and equal employment requirements incorporated herein.

iii. Cancellation of the public contract.

iv. In a case in which there is substantial, or material violation of the compliance procedure herein set forth or as may be provided by the contract, appropriate proceedings may be brought to enforce those provisions, including the enjoining, within applicable law, of contractors.

26.6 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT

In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992. (Voice) Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or

(800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.

26.7 EQUAL OPPORTUNITY

No person or firm shall be discriminated against because of age, race, color, religion, national origin, veteran status, gender, disability, familial status or sexual orientation in the award of APS contracts. Further, the offeror agrees not to discriminate on the basis of age, race, color, religion, national origin, veteran status, gender, disability, familial status or sexual orientation in the performance of this contract.

26.8 INCLUSIVE PRACTICES

All APS contracts shall be awarded with the objective of upholding Inclusive Practices in APS’ competitive solicitation process. APS is committed to the participation of Minority/Women Owned Business Enterprises (M/WBEs) in its contracting programs. An M/WBE is a business that is at least 51% owned and controlled by members who are minorities and/or women, the minority/women ownership is real, substantial, and continuing, and the minority/women owners have and exercise the authority to independently control the day-to-day business decisions. For the purposes of this policy, minorities include African Americans, Asian Americans, Hispanic Americans, Native Americans and non-Hispanic white women. “Inclusive Practices” are categorized into eight types: (1) vision-making; (2) goal setting; (3) public tracking and disclosure of contractor and subcontractor data; (4) accountability and enforcement; (5) outreach and increasing access for contractors and subcontractors; (6) participation and incentives; (7) education and training; and (7) financial assistance. APS encourages all offerors to identify which if any of these types of inclusive practices they utilize.

26.9 MBE/WBE PARTICIPATION

26.9.1 While there is no mandatory M/WBE goal associated with this solicitation, all offerors are strongly encouraged to take active steps to maximize the participation of M/WBEs in this contract.

26.9.2 If subcontractors are utilized, offerors are encouraged to advertise subcontracting opportunities with trade associations including (Plan Rooms and Bid Houses) for Construction projects and/or minority and women-oriented media and associated trade associations.

26.9.3 After the contract is awarded, APS will require the selected offeror to identify

M/WBE subcontractors who will be utilized on the project, and expenditures to subcontractors who are M/WBE on invoices or pay application requests (as applicable) to assist APS in monitoring and evaluating M/WBE participation. The request will include the following:

M/WBE SUBCONTRACTOR UTILIZATION

Name of subcontractor:

Address and phone number:

Type of work to be performed:

M/WBE

ownership (see code below)

Percentage of total bid amount:

M/WBE Business Enterprise Codes:

AFA: African American Business Enterprise HIA: Hispanic American Business Enterprise ASA: Asian American Business Enterprise NAA: Native American Business Enterprise WBE: Women/Female Business Enterprise

27. DEBARMENT AND SUSPENSION VERIFICATION

27.1 Institutions shall solicit offers from, award contracts to, and consent to subcontracts with responsible bidder/contractor s and/or principals only. The serious nature of debarment and suspension requires that sanctions be imposed only in the public interest for the Government's protection and not for purposes of punishment. Institutions shall impose debarment or suspension to protect the Government's interest and only for the causes and in accordance with the procedures set forth in Federal Acquisition Regulation (FAR) 48 C.F.R. Ch.1 Subpart 9.4.

27.2 By signing this agreement, the bidder/contractor is testifying that they are not debarred, suspended or has any ineligible or voluntary exclusions with the U.S. Department of Agriculture or any other Federal or State Agency. All responses will be verified.

27.3 bidder/contractor certifies that the bidder/contractor and/or any of its subcontractors or principals have not been debarred, suspended, or declared ineligible by any agency of the State of Georgia or any agency of the Federal government or as defined in the Federal Acquisition Regulation (FAR) 48 C.F.R. Ch.1 Subpart 9.4. bidder/contractor will immediately notify the District if bidder/contractor is debarred or placed on the Consolidated List of Debarred, Suspended, and Ineligible bidder/contractor s by a federal entity.

28. CLEAN AIR/ CLEAN WATER STATEMENT

Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)) Clean Air and Water Certification. bidder/contractor certifies that none of the facilities it uses to produce goods provided under the Contract are on the Environmental Protection Authority (EPA) List of Violating Facilities. bidder/contractor will immediately notify the District of the receipt of any communication indicating that any of bidder/contractor ’s facilities are under consideration to be listed on the EPA List of Violating Facilities.

29. CIVIL RIGHTS STATEMENT

In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age and disability.

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer.

30. RECORD RETENTION AND ACCESS CLAUSE

30.1 The bidder/contractor shall maintain books, records and documents in accordance with generally accepted accounting principles and procedures and which sufficiently and properly document and calculate all charges billed to the District Nutrition Program throughout the term of the Contract for a period of at least five (5) years following the date of final payment or completion of any required audit, whichever is later. Records to be maintained include both financial records and service records.

The bidder/contractor shall permit the Auditor of the State of Georgia or any authorized representative of the District, and where federal funds are involved, the Comptroller General of the United States, or any other authorized representative of the United States government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the bidder/contractor relating to orders, invoices or payments or any other documentation or materials pertaining to the Contract, wherever such records may be located during normal business hours. The bidder/contractor shall not impose a charge for audit or examination of the bidder/contractor ’s books and records. If an audit discloses incorrect billings or improprieties, the State and/or the District reserves the right to charge the bidder/contractor for the cost of the audit and appropriate reimbursement.

Evidence of criminal conduct will be turned over to the proper authorities.

31. ENERGY POLICY AND CONSERVATION ACT STATEMENT

Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163, 89 Stat.871).

32. ACCESSIBILITY REQUIREMENTS – TECHNOLOGY SOLICITATIONS ONLY

32.1 bidder/contractor should demonstrate that each software and/or hardware confirms to the accessibility guidelines established by the World Wide Web Consortium's Web Content Accessibility Guidelines 2.0 (WCAG 2.0).

32.2 bidder/contractor should demonstrate that each software and/or hardware confirms to the accessibility guidelines established by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 (P.L.

105-220), August 7, 1998. Section 508 is the section of the 1973 Rehabilitation Act that states that all electronic and information technology procured, used, or developed by the federal government after June 25, 2001, must be accessible to people with disabilities.

Affected technology includes hardware such as copiers, fax machines, telephones, and other electronic devices as well as application software and website.

33. BIDDER/CONTRACTOR REQUIREMENTS

33.1 APS policy requires that all contractors, consultants, or bidder/contractor s 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 fee of $45.00 per individual payable by money order associated with the background check. The payment of this fee is the sole responsibility the bidder/contractor, consultant, bidder/contractor 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.

33.2 bidder/contractor must have proven experience in providing the goods or services specified in this solicitation.

33.3 bidder/contractor must have adequate equipment, qualified personnel and the financial ability to provide the services specified in this proposal.

33.4 Use of Subcontractors

33.4.1 If subcontractors will be used in the performance of this contract, bidder/contractor must complete and submit with its response the Primary bidder/contractor /Subcontractor Utilization form.

33.4.2 bidder/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 bidder/contractor ’s response to this solicitation.

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

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

APS.

33.4.5 bidder/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.

33.4.6 bidder/contractor shall give APS immediate notice in writing of any claim, action or suit filed against bidder/contractor by any subcontractor.

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

33.5 bidder/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”).

33.6 Information on Georgia House Bill 87 may be viewed at: http://www.uscis.gov/e-verify

33.7 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.

33.8 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 bidder/contractor s is above reproach, bidder/contractor s 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).

http://www.uscis.gov/e-verify

33.9 All contractors and bidder/contractor s desiring to do business with the APS and/or to participate on APS contracts shall be required to comply with Board policy GAG, Staff Conflict of Interest. All bidder/contractor s and contractors doing business with the APS shall provide all persons with equal opportunity without regard to race, color, sex, religion, national origin, marital status, sexual orientation, age, or disability.

33.10 Bidder/contractor s 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 bid is formally under development and a recommendation is made by the administration to the Board; if applicable. If a bidder/contractor violates this prohibition during this time frame, consideration of the bidder/contractor for award shall be invalidated. Board members shall be notified of possible violations and actions taken.

34. CONTRACT

By submitting a response to this solicitation, the offeror affirms that it has read and will accept all provisions of the contract as written and attached to this solicitation, unless otherwise noted on the Contract Exception form. APS is not required to accept any exceptions noted by the offeror and may deem a proposal non-responsive if the proposed contract exceptions are not acceptable to APS. Offeror also understands that the contract is not legally binding upon the parties until executed by APS and offeror.

35 USE OF CONTRACT BY OTHER GOVERNMENT AGENCIES

At the option of the Contractor, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Georgia, its agencies, political subdivisions, counties, cities and school districts.

Each governmental agency allowed by the Contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award.