9-25-01022-B-DH Charter Bus Services.pdf

ATLANTA PUBLIC SCHOOLS

Procurement Services 130 Trinity Avenue, S.W.

4th Floor Atlanta, Georgia 30303

INVITATION FOR BID

(IFB)

For

Charter Bus Services

July 24, 2025

Solicitation Number: 25-01022-B-DH

Due Date: 08/25/2025

Time Due: 11:00 AM (ET)

NIGP Commodity Code(s): 961-13, 071-15, 071-16

IFB 25-01022-B-DH

ADVERTISEMENT FOR INVITATION TO BID

NOTICE TO BIDDERS

Atlanta Public Schools invites bids for Charter Bus Services.

If you are unable to download these documents, you may contact the assigned procurement buyer, Dorothy Hill, at (404) 802-2421 or Dorothy.Hill@atlanta.k12.ga.us.

A Pre-Bid Conference will be held via Teams on Friday, July 31, 2025, at 10:00 a.m. ET.

Join Teams Meeting:

Use meeting ID and Password:

Meeting ID: 238 327 156 974 9 Passcode: h9NX2xJ9

Attendance is not mandatory but is strongly encouraged.

Online submittal instructions can be viewed at the following location online:

https://aps.bonfirehub.com/opportunities/194768.

Bids shall be submitted online at https://aps.bonfirehub.com/opportunities/194768. APS and the Office of Procurement Services will only accept bids submitted online. Bid submissions are due by 11:00 a.m. ET on August 25, 2025 (as determined by the time stamp when submitted online).

APS will only accept online submissions for this IFB. Bids can be submitted online at https://aps.bonfirehub.com/opportunities/194768. Bids submitted after the bid close date will not be accepted.

Note: Any bid submitted in any other format (email, paper, fax, mail, etc.) will not be accepted for any reason.

Please adhere to the dates and times outlined below to ensure proper and timely online submission.

TENTATIVE TIMELINE

07/24/2025 Release IFB 07/31/2025 Pre-bid conference, 10:00 a.m. ET 08/07/2025 Deadline for written questions, 2:00 p.m. ET 08/14/2025 Response to questions to be posted to Bonfire 08/25/2025 IFB is due online and submitted to Bonfire by 11:00 a.m. ET.

08/28/2025 Administrative Review 10/06/2025 Recommendation to the APS Board of Education (if applicable) https://aps.bonfirehub.com/opportunities/xxxxxx

TABLE OF CONTENTS

Section 1 Introduction Section 2 Specifications Section 3 General Information Section 4 Vendor Requirements Section 5 General Terms and Conditions Section 6 Submission Requirements Section 7 Award Section 8 Local Preference Section 9 Contract

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 (if applicable)

Attachment 7: Joint Venture Affidavit Attachment 8: Contract Exceptions Attachment 9: No Influence and Non-Collusion Affidavit Attachment 10: Local Preference Attachment 11: Offeror Reference Form

Attachment A: Price Bid Sheet

Exhibits:

Exhibit A: Commercial Driver’s License (CDL) List Exhibit B: Bus List Equipment Summary Form Exhibit C: Quote Request Form

1.0 INTRODUCTION

1.0.1 To be entitled to consideration, bids shall be submitted online at https://aps.bonfirehub.com/opportunities/194768. The Office of Procurement Services will only accept bids submitted online. Bid submissions are due 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 Bids can be submitted online at https://aps.bonfirehub.com/opportunities/194768.

Bids submitted after the bid close date will not be accepted. Note: Any bid submitted in any other formats (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 bids from qualified vendors to provide Charter Bus Services.

1.1.2 In using this method for solicitation, we request your best effort in seeking the best value for our requirements. To be eligible for consideration, bids shall be presented in accordance with the instructions of this solicitation and within the timeframe specified.

It shall be the responsibility of the selected Bidder to meet all specifications and guidelines set forth herein. Atlanta Public Schools, at its discretion, determines the criteria and process by which bids are evaluated and awarded. No damages shall be recoverable by any challenger due to these determinations or decisions by Atlanta Public Schools.

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. Current enrollment is estimated at approximately 51,000 students in 87 public, Charter/partner schools, grades PK-12, and thirteen (13) administrative/office buildings.

1.3 CONTRACT TERM

The first term of the contract will be one year, with Atlanta Public Schools and the vendor having the option to renew up to four additional one-year contract periods in writing.

2.0 SPECIFICATIONS

APS seeks bids from vendors with proven experience to provide charter buses and vendor drivers on an as-needed basis by the district to students, staff, approved volunteers, and chaperones for purposes including, but not limited to, athletic events, band trips, field trips, and other extracurricular activities. Only qualified and awarded vendors will be engaged to provide charter bus services. For vendors to be awarded a contract, they must be properly licensed, have the proper insurance, and meet all the requirements outlined in the solicitation.

Vendors must comply with all Federal, State of Georgia, and local regulations and laws applicable https://aps.bonfirehub.com/opportunities/194768 to Charter Bus Services. Vendors must be capable of providing all services as requested in the solicitation per the Scope of Services, Exhibit A - Commercial Driver’s License (CDL), Exhibit B - Bus List Equipment Summary, Exhibit C - Quote Request Form, and Attachment A – Price Bid Sheet, attached hereto and incorporated by reference.

2.1 Minimum Requirements for Vendor:

2.1.1 Vendor shall be a licensed intrastate (in-state) carrier and interstate (out-of-state) carrier.

2.1.2 All vendors may be subject to a site visit and inspection of facilities and equipment and must satisfactorily demonstrate to APS the ability to comply with the provisions of this solicitation.

2.1.3 Vendor must have a minimum of five (5) years of experience operating as a charter bus service agency.

2.1.4 Vendor must be in full compliance with the Federal Motor Vehicle Safety Regulations and have a “satisfactory” rating, indicating compliance with the Federal Highway Administration.

2.1.5 Vendor shall provide copies of its valid Passenger Carrier Certificate issued by the Georgia Department of Public Safety (DPS) and its Passenger Permit issued by the Federal Motor Carrier Safety Administration. APS will verify all certifications.

2.1.6 Vendor must have a “Satisfactory Record” with the State of Georgia Insurance.

2.1.7 Vendor must present a USDOT Certificate and number with the company’s exact name and address.

2.1.8 All vendors must include a written emergency procedure should a bus experience mechanical issues.

2.1.9 All vendors must submit a vehicle inventory list that includes the following:

See Exhibit B - Bus List Equipment Summary Form

• Vehicle manufacturer

• Year, make, and model of the vehicle

• Seating Capacity / Gross vehicle weight

• USDOT Certificate Number

• Under bus storage (Y/N)

• Bathroom (Y/N)

• Wheelchair Lift equipped (Y/N)

• Fuel Type

• Current Odometer Reading

• Last preventative maintenance service

2.2 Minimum Requirements for Vendors Drivers:

2.2.1 All vendors’ drivers must have a Commercial Driver’s License (CDL), a Passenger Endorsement from the Department of Driver Services (DDS), and a medical certification card. See Exhibit (A) - Commercial Driver’s License (CDL) List

2.2.2 All vendors’ drivers are subject to all provisions of Federal Law 49 CFR 383 et.al pertaining to transporting students and shall maintain a valid State of Georgia Commercial Driver’s License (CDL) class “B” minimum with a school bus and passenger endorsement. The vendor’s driver’s CDL Medical Certification shall include the prescribed physical examinations, required employer notification of traffic citations, and drug/alcohol testing; including but not limited to pre-certification testing, random testing, post-accident testing, and criminal background results for all vendors’ drivers assigned to APS.

2.2.3 Vendors’ drivers shall meet all Federal Motor Carrier Safety Regulations and the State of Georgia Requirements, along with the following:

A. Yearly Georgia DOT Physical

B. Clean driving record, which must consist of the following:

i. Vendors’ driver MVR shall be checked twice a year for violations.

ii. Vendors’ drivers shall bring all citations to their immediate supervisor within 24 hours of receiving them.

iii. No speeding ticket 20 mph above the posted limit.

iv. No reckless driving.

v. No DUI.

vi. No railroad crossing grade violations.

vii. No traffic offenses committed in a Commercial Motor Vehicle (CMV) in connection with fatal traffic accidents; and

viii. No more than three (3) traffic violations in a three (3) year period

C. Yearly Driving Evaluation.

D. Proof of road and classroom training annually.

E. All vendors’ drivers shall complete an APS background check and fingerprinting within 10 days of winning the RFP and immediately for all new hires.

F. Vendors’ drivers shall be clean, neatly attired, and professionally conduct themselves.

G. Vendors’ drivers shall wear proper company-issued identification with a photograph while transporting APS students and personnel.

H. Vendors’ drivers shall carry a company credit card with an adequate line of credit to refuel or make necessary emergency repairs.

I. Vendors’ drivers must have a valid medical certificate.

J. Before each trip, the driver will review the emergency evacuation procedure with all passengers, including the location of all emergency exits, and instruct all passengers to move at least 100 feet away from the bus in a safe direction in case of a necessary evacuation.

K. The awarded s shall have a system for handling driver complaints and accident reports. The school district may request this documentation at any time.

L. All vendors’ drivers shall always professionally present themselves with both students and staff during the contract event period. Failure to do so will disqualify the said vendor’s driver.

2.3 Vendors’ Drivers Compliance

The vendor shall require and assure their drivers’ compliance with the most current Federal Motor Carrier Safety Administration (FMCSA) hours of service that requires a motor carrier to use an Electronic Logging Device (ELD), subject to all provisions of the Federal Law 49 CFR 395 et al. The vendor shall provide all services, equipment, functions, and everything necessary for the safe, reliable, and efficient charter bus services this solicitation requires.

2.4 No vendor’s driver shall exceed the 65 miles per hour speed limit while driving APS customers.

2.5 The vendors’ drivers shall not smoke or operate a cell phone while performing the services provided herein.

2.6 The vendor shall be responsible for paying all toll charges, licenses, taxes, parking fees, violation fines, and other operating costs incurred.

2.7 The vendor’s driver must have precise directions to the specified locations upon arrival at APS and not rely on APS staff.

2.8 Vehicle Condition and Type

2.8.1 Each vehicle shall be equipped to meet all applicable Federal and State Highway specifications, Interstate Commerce Commission specifications and local specifications, safety standards, emission requirements, and handicap provisions.

2.8.2 No buses shall transport any student or staff with the following deficiencies:

2.8.2.1 Cracked or broken glass.

2.8.2.2 Steer tire (front tire) with 4/32s or less.

2.8.2.3 Rear tire that has 2/32s or less.

2.8.3 All buses shall have 2-way radio communication and cell phone for contact purposes.

2.8.4 All buses shall not be over ten (10) years old.

2.8.5 All buses shall have working heat and air-conditioning systems.

2.8.6 All buses shall have an overall appearance, interior and exterior in good repair, and free of unpleasant odors.

2.8.7 All buses shall have and pass an annual safety inspection done by the DPS of Georgia.

2.8.8 All buses shall have clean, working lavatory facilities and be fully operational with empty holding tanks. They must also be unlocked, sanitized, and adequately stocked with toilet paper and soap before each engagement.

2.8.9 All buses shall have overhead baggage or parcel racks.

2.8.10 All buses shall have features customarily associated with comfortable suburban or intercity passenger service (i.e., Wi-Fi capability, outlets, charging stations, etc.).

2.8.11 All buses shall be maintained in good working condition, including but not limited to properly functioning reclining seats, overhead bins that close, and operable interior lights.

2.8.12 Buses must have a full fuel tank upon arrival at the pick-up location.

2.8.13 Each bus shall display the USDOT number on the side of the vehicle, including the legal name or single trade name of the company operating the vehicle.

2.8.14 All buses must be equipped with seat belts for all passengers and made available to students. All State and Federal seat belt requirements must be met.

2.8.15 The following are the types of buses that may be used:

2.8.15.1 Deluxe Motor Coach (44-60 passengers with restrooms, DVD/TV, wheelchair accessible, capable of long trips)

2.8.15.2 Minibuses (29 and under passengers, DVD/TV, wheelchair accessible, capable of long trips)

2.8.15.3 Small School Buses (36-48 passengers, equipment storage compartments)

2.8.15.4 Large School Buses (72-84 passengers, equipment storage compartments)

2.9 Inspection and Maintenance of Vehicles

2.9.1 Chartered buses are subjected to the Federal Motor Carrier Safety regulations of the Federal Highway Administration (FHWA) and the Georgia State DOT Regulations. Inspections should be performed under regulations (49 CFR Parts 393 and 396). The vendor shall do a daily pre-trip inspection on each motor vehicle for deficiencies, and a comprehensive maintenance inspection shall be conducted at least once every six (6) months.

2.9.2 The vendor shall maintain logs when inspections and maintenance are performed. All vehicles and the vendors’ drivers of those vehicles must comply with the operation and registration regulations set forth by the Georgia Department of Motor Vehicles and the U.S. Department of Transportation.

2.9.3 In the event of an accident or unsatisfactory inspection on any of the charter buses, the bus must be removed from rotation of use for APS purposes until APS receives a satisfactory safety inspection report for that vehicle.

2.9.4 APS reserves the right to inspect the vendor’s logs, maintenance records, inventory, and place of business without prior notice to the vendor to gauge its suitability to provide services.

2.9.5 Buses must meet or exceed all applicable Federal Motor Vehicle Safety Standards (FMVSS) and Regulations (https://www.nhtsa.gov/laws-regulations/fmvss).

2.10 Audit Requirements

2.10.1 At any time during normal business hours and as often as the District may deem necessary, the vendor shall make available for examination by the District and/or representatives of the District’s Internal Audit.

https://www.nhtsa.gov/laws-regulations/fmvss https://www.nhtsa.gov/laws-regulations/fmvss

2.11 Trip Conditions

2.11.1 The charter bus must arrive at the pick-up location thirty (30) minutes before the scheduled departure. An adequate number of spare buses shall be maintained to ensure continuity of service in the event of breakdowns or mechanical failure.

2.11.2 Buses shall remain with the passengers on extended trips of ten (10) hours or more. The vendor shall provide complete directions for the trip, from the school to the destination point. In usable form, the vendor shall develop and provide clear and precise directions/route itineraries for each vendor’s driver. At least one copy must be provided to the schools.

2.11.3 The vendor must provide a detailed listing of all lodging and incidental costs required for each vendor’s driver before each trip.

2.11.4 For some events, more than one (1) school may be transported on the same bus with more than one (1) pick-up and drop-off site.

2.12 Late Operations and Trip Cancellations

2.12.1 Late Operations

2.12.1.1 If the District becomes aware that a late or missed trip occurred but was not reported by the vendor to the District, the vendor may be charged ($250.00) for each trip. A late trip is defined as a trip operated more than 20 minutes late.

2.12.1.2 If a trip is late due to vendor’s poor scheduling or interrupted due to mechanical or fuel problems, or any other reasons for which the vendor is responsible that causes 25% or more of the scheduled event to be missed, the vendor will refund 100% of the charter fee. In addition to the charter fee, if 50% or more of a scheduled event is missed due to the above-named deficiencies, the awarded vendor will be held liable for 100% of the admittance fees, registration fees, etc.

2.12.2 Trip Cancellations

2.12.2.1 The District reserves the right to modify or cancel trips during inclement weather or unforeseen circumstances as determined by the Department’s authorized representatives and shall notify the vendor of any such modification or cancellation, without penalty to the District prior to the scheduled departure or pick-up. Cancellations due to acts of God or circumstances beyond the reasonable control of either party are exempt from any cancellation fees (mechanical breakdowns or poor scheduling are not “reasonable” exemptions).

2.12.2.2 Cancellations made by APS less than five (5) business days before the scheduled event may be subject to a flat cancellation charge fee per reservation, not to exceed $250, regardless of the number of buses required for the reservation. Under no circumstances will the awarded vendor be allowed to cancel a scheduled trip once confirmation is forwarded and confirmed.

2.13 Notification of Delays Due to Breakdown

2.13.1 Damages for trip delays, which are in the sole judgment of the District clearly and unquestionably caused by factors totally beyond the control of the vendor, will be waived by the District.

2.13.2 The Vendor shall immediately notify the School or Department with the reservation of all service delays at sign-out and all bus breakdowns. This will allow the District to inform parents of delays. Breakdowns, which leave students abandoned and last over 60 minutes, will result in a liquidated assessment of 50% of the districts cost to transport students home or to their home school and may include customer penalties.

2.13.3 Awarded s shall maintain adequate spare vehicles to ensure continuity of service if a breakdown or mechanical failure should occur. While students and staff are on board the bus, awarded s must have the means to respond, repair or replace buses that break down within a 60-minute time limit. Breakdowns include, but are not limited to, situations in which the bus cannot be operated, is unsafe to operate, the driver is incapacitated, or the climate control system is inoperable.

2.13.4 If extra food or lodging becomes necessary due to breakdowns or mechanical problems, or due to the inability of the vendor to perform this service, the vendor will be liable for any and all costs associated with these extra accommodations for students and staff.

3.0 GENERAL INFORMATION

3.1 All questions or requests for clarification must be submitted through Bonfire to the buyer of record.

3.2 All attachments related to this solicitation will be posted on the Bonfire website at https://aps.bonfirehub.com/opportunities/194768. The bidder must check the Bonfire website for any addendums, responses to questions, or other communications related to this solicitation.

3.3 Vendor is required to submit proof of insurance with a bid, but must submit certificate of insurance not less than five (5) business days after receiving a letter of intent or award.

The insurance requirements are included in section 5 of the General Terms and

Conditions.

3.4 The ACORD certificate of insurance must list Atlanta Public Schools as additional insured and include the vendor’s name and number.

3.5 The vendor agrees to and shall extend all the same pricing, terms, and conditions submitted 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 vendor 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.

4.0 VENDOR REQUIREMENTS

4.1 APS policy requires that all vendors, consultants, or vendors providing services on APS premises be fingerprinted and submitted to a criminal record check initiated by APS before providing services to APS. There is a $45 fee (plus a service fee) for background checks. This may be paid for in advance using our online Background Check Payment

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

4.2 The vendor must have proven experience providing the goods specified in this bid.

4.3 The vendor must have adequate equipment, qualified personnel, and the financial ability to provide the services specified in this bid.

4.4 Use of Subvendors

4.4.1 If subvendors are used in the performance of this contract, the vendor must complete and submit the Primary Vendor/Subvendor Utilization form with its response.

4.4.2 The vendor shall not assign any duties to perform services or provide goods to APS under this contract to a subvendor not listed in the vendor’s response to this solicitation.

4.4.3 If a subvendor is removed from the contract at any time during the term, the vendor must notify APS Procurement Services in writing with the subvendor’s name, the reason for removal, and the effective date.

4.4.4 If the vendor desires to add a subvendor at any time during the term of the contract, the vendor must submit to APS Procurement Services in writing the following information on the subvendor: company name, address, telephone and fax number, service they will be providing and proposed effective date. A subvendor may begin providing service once approved by APS.

4.4.5 The vendor is responsible for ensuring that all subvendors who provide goods or services under this contract comply with the terms and conditions of the contract.

4.4.6 The vendor shall give APS immediate written notice of any claim, action, or suit filed against the vendor by any subvendor.

4.4.7 APS reserves the right to require that a subvendor be removed from the contract.

4.5 Vendor must complete and submit with their bid the applicable documentation related to Georgia House Bill 87 (commonly known as the “Illegal Immigration Reform and Enforcement Act of 2011”).

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

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

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

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

4.8 The Atlanta Board of Education desires the Atlanta Public Schools to operate in the most ethical and conscientious manner possible. Employees are expected not only to avoid any direct conflict of interest but also to avoid even the appearance of impropriety. To comply with Board policy and to ensure that our relationship with vendors is above reproach, vendors 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).

4.9 All vendors desiring to do business with APS and contract with APS shall be required to comply with Board policy GAG, Staff Conflict of Interest. All vendors and vendors doing business with the APS shall provide all persons with equal opportunity regardless of race, color, sex, religion, national origin, marital status, sexual orientation, age, or disability.

4.10 Vendor Conduct

4.10.1 The Vendor’s employees are expected to exhibit professional, courteous conduct and an appropriate appearance at all times. Vendor employees must adhere to all APS safety guidelines, including those related to preventing the spread of viruses. Any conduct or appearance deemed inappropriate by an APS representative will be grounds for removal from APS property.

4.10.2 The Vendor’s employees are required to sign into the district’s visitor management system, which is in the front office of every school and district building. APS badges must be prominently displayed on the vendor employee’s outer garment.

Failure to do so constitutes a violation of the district’s security protocol, subjecting the employee to immediate removal from the premises and the vendor to potential fines for each violation.

4.10.3 The Vendor employees are to respect 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 the employee to be removed from the premises.

4.10.4 Also, radios or audible music are not allowed at worksites.

4.10.5 Vendor shall assign the required staff to each location to be serviced.

4.11 Lost/Damaged APS Property

4.11.1 The Vendor 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 Vendor is also liable for any theft proven to be committed by its employees or made possible by its employees' willful or negligent action.

4.11.2 If APS incurs any costs due to illegal or inappropriate conduct by the Vendor’s employees, the Vendor will reimburse APS for such costs; such costs shall include, but are not limited to, the following:

a. Re-keying or restoring locks; Service charges levied by security alarm Vendors, law enforcement agencies, or security companies in response to false alarms.

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

c. Replacement costs of items missing or damaged due to employee’s conduct.

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

4.12 Additional APS Requirements for Working on APS Property

4.12.1 Additional APS Requirements for Working on APS Property.

(Facilities/Operations) Standard Facilities and Operations department business hours are 7:00 a.m. EST to 8:30 p.m. EST unless otherwise indicated herein.

4.12.2 No work shall be performed in an area where children are present or maybe later in the day unless otherwise indicated herein.

4.12.3 All equipment or tools shall not be left unattended.

4.12.4 All work areas shall be left clean, and all debris shall be removed daily and upon completion of service.

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

5.0 GENERAL TERMS AND CONDITIONS

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

5.1 INTRODUCTION

To be entitled to consideration, bids shall be submitted online at https://aps.bonfirehub.com/opportunities/194768. The Office of Procurement Services will only accept bids submitted online. Bid submissions are due 11:00 a.m. ET on the date outlined in the solicitation (as determined by the time stamp clock when submitted online).

Bids can be submitted online at https://aps.bonfirehub.com/opportunities/194768. Bids submitted after the bid close date will not be accepted. Note: Any bid submitted in any other format (email, paper, fax, mail, etc.) will not be accepted for any reason.

5.2 OWNER

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

5.3 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 participating in this solicitation, the Bidder 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.

5.4 ADDENDUM

Addendum(s) issued in writing during the solicitation will be incorporated in the subsequent contract. No oral interpretations will be made to the Bidder regarding the meaning of solicitation documents. Requests for such arrangements shall be made in writing to the Executive Director of Procurement Services not later than seven (7) days before the time for receiving bids. Failure on the part of the successful vendor 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 bidders 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 bid is due.

The bidder is responsible for checking Bonfire for any addendums, responses to vendor questions, or other communications regarding the solicitation.

5.5 VENDOR ELIGIBILITY AND FORMAL SOLICITATION INFORMATION

5.5.1 Vendor Registration

If the bidder/vendor is awarded a contract under this solicitation, in order to do business with APS, a bidder/vendor must first register with the district. The bidder/vendor 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 bidder

/vendor will be assigned a vendor number. Bidders/vendors are responsible for notifying

Procurement Services of any company or company contact information changes.

5.5.2 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 vendors, consultants, or vendors providing services on APS premises be fingerprinted and submitted 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 vendor, consultant, vendor, 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.

5.5.3 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 Services Department. All contracts with a total value over $100,000 require board approval.

All formal solicitations are advertised on the following:

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

(1) Bonfire website at https://aps.bonfirehub.com/opportunities/194768.

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

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

5.6 INDEMNIFICATION

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

The vendor 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 vendor 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.

5.7 INSURANCE

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

Department.

5.7.1 The following general insurance requirements apply to all work under this contract by all vendors and subvendors of any tier.

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

Department.

5.7.1.2 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.

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

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

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

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

5.7.1.7 The Vendor or any of its subvendors shall not commence work under the

Agreement until all insurance requirements have been complied with and until http://ssl.doas.state.ga.us/PRSapp/PR_login.jsp evidence of all insurance requirements in each contract with each subvendor of any tier is provided, and the Vendor shall require the same to comply with all such requirements.

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

Vendor’s obligation to indemnify and defend APS for claims or suits that result from or relate to the performance of this contract.

5.7.1.9 APS shall be covered as 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.

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

5.7.1.11 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 the State of Georgia licenses her/him to conduct insurance business in the

State of Georgia and that the State of Georgia currently licenses the companies affording insurance coverage and are currently in good standing with the

Commissioner of Insurance for the State of Georgia.

5.7.1.12 All companies providing insurance required by this Agreement shall meet the minimum financial security requirements 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

5.7.1.13 In the event the Vendor 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. The cost thereof shall be deducted from monies then due or thereafter to become due to the Vendor or

APS shall have the right to cancel the Agreement.

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

5.7.2 Worker’s Compensation and Employer’s Liability Insurance

The vendor shall procure and maintain Worker’s Compensation and Employer’s Liability

Insurance in the following limits. Such insurance covers 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

5.7.3 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

5.7.4 Automobile Liability Insurance

The vendor shall procure and maintain automobile liability insurance in an amount not less than $1,000,000 for bodily injury and property damage combined, with a single limit except for remote products or services. The following coverage extensions shall be provided and indicated on the certificate of insurance.

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

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

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

5.7.6 Sexual Abuse and Molestation Liability (if applicable).

This is required for all Agreements with services involving youths, children, individuals with special needs, or senior citizens.

The Certificate of Insurance should clearly state that coverage is not excluded from the General Liability policy or that coverage is a stand-alone policy.

5.7.7 Coverage on an Occurrence Basis is preferred. Coverage on a Claims-Made basis should provide coverage at least two (2) years beyond the Agreement’s completion.

Minimum Requirements:

$1,000,000 Each Claim/Wrongful Act $2,000,000 General Aggregate

5.7.8 Crime Insurance (if applicable). The Vendor shall obtain crime insurance if the goods or services under the Agreement involve any use, care, custody, or control of any cash, money, securities, and/or wire transfers.

$1,000,000 Employee Dishonesty

$1,000,000 Funds Transfer Fraud

$100,000 Money & Securities

$1,000,000 Computer Crime

$100,000 Social Engineering or its equivalent

5.7.9 Professional Liability Insurance (if applicable). This is required for all professional service contracts. This shall include any consultants, medical, legal, technical, insurance agents, or other professions that require licenses. Insurance shall be maintained at least two (2) years after the completion of the work and/or Agreement.

$1,000,000 Each Claim/Wrongful Act

$2,000,000 General Aggregate

5.7.10 Cyber Liability Insurance. This is required for all software, computer hardware installation, data access, data integrations, data usage, cloud storage, SaaS, and/or technology-related contracts. Insurance shall be maintained at least two (2) years after the completion of the work and/or Agreement.

$1,000,000 Each Claim/Wrongful Act

$2,000,000 Annual Aggregate

$1,000,000 Business Interruption

$1,000,000 Data Recovery

$500,000 Cyber Extortion Expenses

$50,000 Cyber Extortion/Ransom Payments

Coverage shall include, at a minimum:

• Information Security and Privacy Liability

• Regulatory Fines and Penalties

• Payment Card Industry (PCI)—if credit cards and/or banking information is obtained or accessed.

• Ransomware

5.8 CONTRACT AWARD

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

5.9 NON-DISCRIMINATION

The vendor agrees not to 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.

5.10 PROTESTS

Written protests relative to the specifications or the solicitation document shall be filed not later than five (5) working days before 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 the 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.

5.11 TAXES

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

5.12 COMPLIANCE WITH APPLICABLE STATE, FEDERAL, AND LOCAL LAW

At its own expense, the vendor shall 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 vendor shall agree that in the performance of the contract, the vendor will comply with all local agreements that the vendor 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.

5.13 COMMENCEMENT, EXECUTION, AND COMPLETION

The vendor 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.

5.14 ASSIGNMENT OF CONTRACT

The vendor 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.

5.15 MODIFICATIONS TO CONTRACT ONCE EXECUTED

Terms and conditions may be added, modified, and deleted upon mutual agreement between APS and the vendor, provided such terms and conditions remain within the scope and original intent of the solicitation. All modifications shall be expressed in writing and approved by the Executive Director of Procurement Services before the enactment of such modifications.

5.16 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 be passed to APS upon inspection and acceptance at its designated point of delivery unless otherwise specified in the solicitation documents.

5.17 FISCAL FUNDING

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

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 an event, the Executive Director of Procurement Services shall certify the occurrence to the vendor.

5.18 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 a satisfactory invoice in duplicate, whichever occurs last (unless otherwise noted in the documents).

5.19 REPORTS

The vendor shall furnish all reports as requested by the owner.

5.20 TERMINATION

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

In the event any property or service to be furnished by the bidder 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 Procurement Services, the vendor shall immediately remove the rejected property and replace it with such property or services conforming to the requirements of this solicitation without expense to the APS.

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 vendor, or that may thereafter become due to the vendor, 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 vendor are insufficient to satisfy the debt, the vendor shall pay any monies due to APS within thirty (30) days of written notice. The price paid by APS in such an event shall be the prevailing market price when the substitute purchase is made.

5.20.1 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:

i. In the event the /vendor 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.

ii. The District determines that the actions, or failure to act, of the /vendor, its agents, employees, or subvendors have caused, or reasonably could cause, life, health, or safety to be jeopardized.

iii. The /vendor fails to comply with confidentiality laws or provisions; and/or

iv. The /vendor furnished any statement, representation, or certification concerning the Contract or the /vendors’ process that is materially false, deceptive, incorrect, or incomplete.

5.20.2 Termination for Cause

The occurrence of any one or more of the following events shall constitute cause for the

District to declare the /vendor in default of its obligations under the Contract:

i. The /vendor 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 /vendor.

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

iii. The /vendor fails to make substantial and timely progress toward the performance of the Contract.

iv. The /vendor 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 county, or state law, including bankruptcy policy; the /vendor terminates or suspends its business, or the District reasonably believes that the

/vendor has become insolvent or unable to pay its obligations as they accrue consistent with applicable federal or state law;

v. The /vendor 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.

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

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

5.20.3 Notice of Default.