A_2025-16-ITB_Network_Switch_Equipment_E-Rate_Solicitation_FINAL.pdf

2025-16-ITB Network Switch Equipment E-Rate

INVITATION TO BID (ITB)

2025-16-ITB

Network Switch Equipment E-Rate

PROPOSED ITB SCHEDULE

NOTE: BIDS RECEIVED AFTER THE DUE DATE AND TIME WILL NOT BE ACCEPTED.

The CCSB will attempt to adhere to the schedule as indicated above. Any changes to this schedule after posting the solicitation up to the due date and time for bids will be addressed by an issued addendum. The remaining schedule is tentative and subject to change at the sole discretion of the CCSB.

Event / Location Date / Time

Posting of Solicitation Documents at www.myvendorlink.com November 4, 2024

Deadline for Questions at www.myvendorlink.com November 19, 2024 @ 12:00 PM

BID DUE DATE & TIME at www.myvendorlink.com (preferred) OR in hand/by mail to 1007 W. Main Street, Building 200, Inverness, FL 34450

December 5, 2024 @ 2:00 PM EST

Bid Opening at 1007 W. Main Street, Building 200, Inverness, FL 34450 December 5, 2024 @ 2:00 PM EST

Posting of the Notice of Intended Decision at www.myvendorlink.com December 17, 2024

School Board Approval/Award February 11, 2025

PURCHASING DEPARTMENT CONTACT:

Shawn Owen, Purchasing Specialist owens@citrusschools.org

Business Services-Purchasing Department 1007 W. Main Street, Building 200

Inverness, FL 34450-4625 www.citrusschools.org

Table of Contents

Section 1 – Instructions to Respondents

Section 2 – Scope of Work/Specifications

Section 3 – Special Conditions

Section 4 – General Terms and Conditions

Section 5 – Attachments

Section 6 – Exhibits

SECTION 1 – INSTRUCTIONS TO RESPONDENTS

These instructions are an extension of the General Terms and Conditions herein and failure by Respondent to follow ALL instructions and requirements contained in this solicitation is cause for rejection of a Bid submittal. Failure to do so will be at the Respondent's risk.

NOTICE TO VENDORS: The Purchasing Department of the Citrus County School Board has partnered with VendorLink (www.myvendorlink.com) for the posting, notification, and processing of solicitation opportunities. There is NO COST to vendors to use this service for CCSB. Respondents wishing to participate in the bidding process and/or be approved to do business with CCSB must register on VendorLink.

1. EXECUTION OF BID SUBMITTALS: Respondents are expected to examine the specifications and all special and general conditions, requirements, and instructions. Negligence on the part of the Respondent to make the necessary examinations and investigations, visit appropriate site locations and become familiar with all locations covered under this solicitation, or failure to fulfill, in every detail, the requirements of the contract documents, will not be accepted as a basis for varying the requirements of the CCSB or for paying additional compensation to the awarded Contractor.

Failure to follow the instructions contained in the solicitation for completion of a Bid response is cause for rejection of a Bid submittal. Failure to do so will be at the Respondent's risk.

All Bid submittals must include the signature of an officer or employee having authority to bind the Contractor in the space(s) provided. Respondent must return a complete bid submittal including, but not limited to, the executed Bid Acknowledgement Form and all other required forms, documents, etc. as a complete submittal to be considered. Failure to execute and submit a complete Bid submittal may result in rejection of a Bid. All Bid submittals are subject to the terms, conditions, and specifications herein as released by CCSB or amended by issued addendum and those submittals which do not comply shall be rejected. Submission of alternate documents, other than as included and/or requested in the current solicitation will cause your Bid to be nonresponsive. Any correction made by the Respondent to any entry must be initialed by the person signing the submittal. Any corrections not initialed will not be tabulated.

Prior to Bid opening, errors may be crossed out, corrections entered and initialed by the person signing the submittal.

No submittals shall be altered or amended after the specified time for opening.

2. BID SUBMISSION: A complete Bid document must be executed and received electronically online or in hand by the Purchasing Department no later than the due date and time indicated in this solicitation or as amended via issued addendum by Purchasing. (DO NOT INCLUDE MORE THAN ONE BID SUBMITTAL PER ONLINE SUBMISSION OR ENVELOPE / PACKAGE). The Company Name, Company Address, Contact Person Name, Phone Number, Solicitation Number, Title, and the Date and Time of Bid opening shall be clearly displayed on the cover sheet for online submission or on the outside of the sealed envelope / package (label provided – EXHIBIT A). Bid responses not submitted on the attached Bid forms shall be rejected. The timely delivery of responses to the Citrus County School Board Purchasing Department prior to the specified due date and time is solely and strictly the responsibility of the Respondent. Submittals sent by electronic mail, facsimile machine, telephone, or any other means not specified herein shall be rejected. LATE

SUBMITTALS WILL BE REJECTED.

Electronic Submission: (Preferred Method) Bids for this solicitation will be accepted electronically online through www.myvendorlink.com. It is the sole responsibility of the Respondent to ensure that their Bid response is successfully submitted through VendorLink prior to the due date and time indicated. The Respondent is responsible for allowing adequate time to upload their submittal on VendorLink. If technical difficulties arise during submission of the Bid response, it is the Respondent’s responsibility to contact VendorLink technical support at support@evendorlink.com.

The CCSB shall not be responsible for delays caused in any occurrence. Acceptable file formats for upload are Microsoft Excel (.xls or .xlsx), Portable Document Format (.pdf), or .ZIP file formats and printing must be enabled on all files submitted. Once the Bid response is submitted, a confirmation email will be sent with the number and name of the documents uploaded.

Delivered/Mailed Submission: Bids may also be delivered or mailed to the CCSB Purchasing Department at 1007 W.

Main Street, Building 200, Inverness, FL 34450. The Respondent is responsible for allowing adequate mailing time, including time for interoffice mail delivery, or to take appropriate alternate steps to assure that their submittal is delivered to the Purchasing Department prior to the specified due date and time indicated.

Respondent shall submit two (2) complete sets of the Bid Submittal:

One (1) printed unbound, one-sided copy marked “ORIGINAL” to include all Submittal Requirements.

One (1) electronic copy on USB flash drive containing a COMPLETE set of all Submittal Requirements in PDF and Excel formats. (Attachment A-1 Bid Price Form must be on the USB drive in original Excel format). The USB drive must be clearly labeled with the solicitation number and name of the company. It is the sole responsibility of each Respondent to ensure all bid copies are exact duplicates of the original bid.

3. REQUEST FOR INFORMATION: Any and all questions concerning this solicitation must be submitted no later than Tuesday, November 19, 2024 @ 12:00 PM. Please direct all inquiries concerning this solicitation online via VendorLink at www.myvendorlink.com by viewing bid details and clicking on “Ask a Question”. Respondents submitting questions by phone, email or other means will be directed to post their question(s) online at www.myvendorlink.com.

4. CLARIFCATION AND ADDENDA: No interpretation of the meaning of the solicitation or any correction of any ambiguity, inconsistency, or error therein will be made verbally to any party. The CCSB will issue responses to all inquiries and any other corrections or amendments it deems necessary in written addenda posted prior to the Bid due date online at www.myvendorlink.com. Respondents shall not rely on any statements other than those made in this solicitation or in any written addenda to this solicitation. Where there appears to be a conflict between the solicitation and any written addenda issued, the last addendum issued will prevail. The issuance of a written addendum is the only official method by which interpretation, clarification or additional information can be given.

It shall be the responsibility of the Respondent(s) to monitor this site for posting of issued addenda prior to submitting a Bid response to ascertain if any addenda have been issued. Addenda shall be acknowledged by Respondent on the Bid Acknowledgement Form. Failure to do so may constitute a cause for rejection of a Bid submittal.

5. NO-CONTACT PERIOD: Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and continue through and include the date the CCSB makes its determination to approve or reject the final recommendation, any employee or officer of the CCSB concerning any aspect of this solicitation, except in writing to the Purchasing Department or as provided in the solicitation documents. Violation of this provision may be grounds for rejection of Respondent’s submittal.

These Instructions and all General Terms and Conditions outlined herein represent the District’s standard language across all Invitation to Bid (ITB), Request for Proposal (RFP), and Request for Quote (RFQ) documents issued by the District. For the purpose of this document, all areas referenced in the General Terms and Conditions section and throughout this document to “Bid” shall be understood as “Proposal” or “Quote” where applicable to this solicitation.

SECTION 2 – SCOPE OF WORK / SPECIFICATIONS

INTENT AND OVERVIEW

The School Board of Citrus County, Florida (“CCSB”) seeks to secure firm pricing from qualified firms who are approved by the Universal Service Administration Company (“USAC”) to supply Network Switch Equipment necessary to improve and update CCSB’s Wired Network in full compliance with the E-Rate Program.

CCSB is seeking pricing for wired network equipment including switches, modules/line cards, and transceivers to update aging hardware that will soon be end of sale. CCSB’s Wired infrastructure is critical to the function of our organization from both an administrative and instructional perspective. The core infrastructure of switches and modules provide the backbone for our wired and wireless networks that facilitate critical availability to data, security and instructional tools and materials.

CCSB’s goal is to update aging network switches that are soon to be end of sale. This refresh will help the district meet its current technological demands as well as facilitate future growth. It is important that the technology that we use in the district is scalable and is supported by the manufacturer throughout the unit’s lifecycle.

RESPONDENT MINIMUM QUALIFICATIONS / ELIGIBILITY REQUIREMENTS

In order to be considered for evaluation, Respondent must meet the minimum requirements stated herein. Any Respondent that fails to meet all of the following minimum criteria shall be deemed as “non-responsive” and will not be considered for award.

1. Bids will be considered only from contractors, manufacturers, authorized distributors, or dealers who are normally engaged in the manufacture, sale or distribution of the materials or services requested herein.

2. Respondent, if not a manufacturer, shall provide a letter/certificate of authorized distribution from the applicable manufacturer on any proposed equipment or products.

3. Respondent shall provide copies of warranty information for all items proposed with bid submittal.

4. Respondent shall provide descriptive literature and/or detailed specifications for any alternate equipment or product proposed, with bid submittal, which illustrates the products ability to meet the technical specifications required. Bid submittals received without this information, or with insufficient information, as determined by CCSB, may not be considered.

5. Respondent shall have a minimum of five (5) years of experience as a data communications supplier for commercial, industrial, and instructional customers for the required equipment and operating under the same legal entity name within the State of Florida, as verified by sunbiz.org prior to Bid opening.

6. Respondent shall meet all Federal E-Rate requirements outlined under Special Conditions herein and provide with their bid submittal: (a) proof of a valid Service Provider Identification Number ("SPIN"), (b) proof of a valid Federal Communications Commission Registration Number ("FRN"), and (c) evidence of FCC Green Light Status, to be verified by CCSB through the USAC website.

7. Respondent shall have sufficient financial support, tools, equipment, organization, facilities, delivery method, and personnel to ensure that they can satisfactorily execute the services if awarded the contract under the terms and conditions stated herein.

8. Respondent shall complete the enclosed forms that the CCSB may use to evaluate the Respondents’ capabilities to perform the work as specified. Provide at least three (3) commercial/governmental references from agencies which Respondent has provided goods or services for projects similar in scope and size. At least two (2) reference should be a public school system

SCOPE OF WORK / SERVICE

All work performed shall be in strict accordance with these specifications and shall comply with all applicable Federal, State, and Local regulations, codes, ordinances, and requirements of CCSB.

Respondents shall refer to Attachment A-1 Bid Price Form for all network switch equipment models needed. DO NOT include installation or labor in your bid prices. The installation of all equipment outlined herein is outside the scope of this solicitation and will be performed by CCSB staff.

If Respondent proposes a product other than specified, it is the Respondent’s responsibility to submit, with the bid, samples, descriptive literature and/or detailed specifications which illustrate the products ability to meet the technical specifications required. Bids received without this information, or with insufficient information, as determined by CCSB, may not be considered. Refurbished or renewed equipment will not be accepted.

TECHNICAL SPECIFICATIONS

1. SWITCH EQUIPMENT REQUIREMENTS / EXPECTED FUNTIONALITY

CCSB utilizes Aruba switches for network connectivity. Equivalent equipment substitutions for switches, power supplies, and transceivers must meet the specifications outlined below and be able to communicate with our current standardized Aruba platform successfully and efficiently.

1.1. Network Switch and modules/line card Requirements:

a. Network Switch or Switch Chassis models equivalent to Aruba CX6405 (R0X26C) must be able to facilitate a minimum number of 5-line cards to ensure that there are enough available Ethernet, PoE and SFP+ ports.

b. Network Switch or Switch Chassis models equivalent to Aruba CX6405 (R0X26C) models must be able to accommodate redundant power supplies

c. Network Switch or Switch Chassis models equivalent to Aruba CX6405 (R0X26C) models must be layer 3 switches/chassis and be compatible with Aruba OS or AOS-CX switch programming.

d. Network Switch or Switch Chassis models equivalent to Aruba CX6405 (R0X26C) models must come with a Limited Lifetime Warranty with replacement.

e. Module Line Card models equivalent to the Aruba R0X41C must be able to provide 48 ports of 1/2.5/5GbE Class6 PoE and 4p SFP56 or SFP+ ports.

f. Module Line Card models equivalent to the Aruba R0X38C must be able to provide 48 Ports of 1GbE and provide Class 4 PoE or greater.

1.2. Network Switch Power Supply Requirements:

a. Power supply equivalent substitutions to model R0X35A must be able to provide the minimum of 1800 watts of power.

b. Power supply equivalent must be shipped with a C16 power cable.

c. Power supply equivalent must be provided with a limited lifetime warranty.

1.3. Network Transceiver (Gbic) and Fiber Optic Cable Requirements:

a. 10Gb Network transceiver equivalent J9153D X132 substitutions must be Aruba compatible SFP+ ER Single- Mode 1550nm 40km Duplex 10G transceivers.

b. Network transceiver equivalent substitutions must be provided with a limited lifetime warranty.

1.4. Network Switch Management Module Requirements:

a. A redundant management module substitution to model R0X31A must be able to provide up to 28 Tbps of switching capacity with up to 20 Bpps throughput.

b. Redundant management module substitutions must contain the memory and processor equivalents or higher of a Quad Core ARM Cortex A72 @ 1.8GHz processor, 16 GB DDR4 ECC Memory, and 32 GB eMMC Flash Memory.

c. Redundant management module substitutions must be able to support IEEE 802.3af, 802.3at, and 802.3bt

POE

d. Redundant management module substitutions must be hot swappable

SECTION 3 – SPECIAL CONDITIONS

1. AWARD AND AWARD NOTIFICATION:

a. Awards will be made all or none to the lowest, responsive, and responsible Respondent meeting the specifications with consideration being given to the quality of the product, conformity to the specifications, suitability to CCSB needs, qualifications, expertise, experience, and past performance. CCSB reserves the right to choose an alternate award method in its best interest.

b. Respondents acknowledge that any contractual relationship resulting from this solicitation may be partially or entirely dependent upon the successful receipt of Universal Service Fund (“E-Rate”) subsidies. Evan after award of contract(s) and/or E-Rate funding approval is obtained, the CCSB may or may not proceed with the project, in whole or in part. Execution of the project, in whole or in part, is solely at the discretion of the CCSB.

c. As in the best interest of the CCSB may require, the Board has the sole discretion and reserves the right to cancel this solicitation, to reject any and all bids, to waive any and all informalities and/or irregularities, or to readvertise with either the identical or revised specifications.

d. Recommendation to Award information and Board Approval of this bid will be posted on VendorLink at www.myvendorlink.com. All information and updates will be posted to this site; please verify that your company’s information is current and correct.

e. Note: If the time allotted to evaluate bids and make the selection of contractors proves to be insufficient, the posting of the Notice of Intended Decision and the Board approval date could delay two weeks or more. Continue to monitor www.myvendorlink.com or contact the Purchasing Department for more specific information as to when notices(s) will be posted.

2. CONTRACT TERM: It is the intent of the CCSB that this shall be a one-time purchase. The contract period shall be effective upon Board approval through June 30, 2026, or until project completion as determined by CCSB, and subject to the allowances and requirements of the E-Rate program. This award is to purchase equipment during the E- Rate Funding Year (FY25-26) which would commence between July 1, 2025, to June 30, 2026. Successful Respondent(s) shall guarantee firm prices for the items awarded to the Respondent(s) as specified in this Bid during the term of this contract. The anticipated Board approval date is Tuesday, February 11, 2025.

3. FUNDING: The funding for this equipment comes from both local funds and the Federal E-Rate program. It is imperative that adaptability and scalability be given serious attention as fluctuations and/or ability to obtain E-Rate Priority One and Priority Two funds in continuing years is pursued. The expansion and continuation of the network must provide fair and equitable access to the Internet for all public K-12 schools and their students no matter where that school is geographically located. Of paramount importance to the expansion and continuation of the network service offering is that this expansion and upgrade must be planned and executed to minimize disruption of current services for students, teachers, and staff. Provided services and equipment must meet requirements for Priority Two E-Rate eligibility and funding.

4. LICENSES: All Respondents shall provide with their bid a copy of their Occupational License/Tax Receipt and any Certifications, if applicable.

5. W-9 TAXPAYER IDENTIFICATION FORM: Respondent must submit a completed and signed current Request for Taxpayer Identification Number and Certification Form with bid submittal.

6. QUANTITIES: Quantities shown on the Bid Price Form are estimates only and in no way obligate the CCSB to purchase these amounts. These estimated figures are given only as a guideline for preparing your Bid. The actual quantities purchased under this Bid may be more or less.

7. WARRANTY: Equipment bid shall be in accordance with the specifications herein and shall be guaranteed to be free from defects in workmanship and/or materials. All items purchased under this bid must meet the warranty requirements specified for each product listed in the Scope of Services. Respondent shall provide copies of warranty information for all items proposed with bid submittal. Warranty period will commence on the date of delivery and acceptance by the ordering school or department. The warranty includes the cost of pick-up and delivery from any school or department location within the Citrus County School District. If there is a defect in the warranty parts, including batteries, they will be exchanged by the successful Respondent for new OEM parts at no charge to the CCSB during the warranty period and shall in addition transfer to the CCSB any manufacturer’s guarantee for supplier/installer furnished equipment extending beyond this contract period.

8. METHOD OF ORDERING: CCSB intends to issue a single Purchase Order for all equipment purchased under this solicitation.

9. DELIVERY: Prices quoted shall include FOB, freight prepaid to the requested destination. All equipment will be shipped to a single delivery point at our Technology Resource Center located at 3741 W. Educational Path, Lecanto, Florida 34461. The delivery location is equipped with a loading dock that will require a lift gate or loading plate. All palletized deliveries will be facilitated inside the building by CCSB.

10. FUEL SURCHARGES: Shall never be charged to the CCSB. Any invoices referencing a “fuel surcharge” will be rejected and left unpaid until a corrected invoice is sent. During this time, no “late fees or penalties” shall be imposed on the

CCSB.

11. INSURANCE REQUIREMENTS: Prior to commencement of this Contract, Contractor(s) and subcontractors will provide a certificate(s) evidencing such insurance coverage to the extent applicable, subject to approval by Risk Management.

Neither approval nor failure to disapprove insurance furnished by the Contractor shall relieve the Contractor from the responsibility to provide insurance as required by this Contract.

Contractors shall carry and maintain insurance coverage as identified in the table below. All required insurance must be from insurance carriers that have a rating of “A” or better and a financial size category of “VII” or higher, according to the A. M. Best Company. All required insurance policies shall name “The School Board of Citrus County, Florida” as the certificate holder and additional insured.

Except as otherwise specifically authorized in this Contract, no deductible or self-insured retention for any required insurance provided by the Contractor pursuant to this Contract will be allowed. To the extent any required insurance is subject to any deductible or self-insured retention (whether with or without approval of CCSB), the Contractor shall be responsible for paying on behalf of CCSB (and any other person or organization that the Contractor has, in this Contract, agreed to include as an insured for the required insurance) any such deductible or self-insured retention.

Compliance with the insurance requirements provided by this section shall not limit the liability of the Contractor, its subcontractors, sub-subcontractors, employees or agents. Any remedy provided to CCSB or CCSB’s board members, officers or employees by the insurance provided by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of the Contractor) available to CCSB under this Contract or as otherwise provided by law.

To the extent identified below, the following checked provisions shall apply to all insurance coverage required by this section: [CHECK ALL THAT APPLY]

☐ 1. Commercial General Liability Insurance: Coverage shall be provided, with minimum policies limits as set forth in the table below. CCSB, its board members, officers, and employees shall be named as an additional insured to the Commercial General Liability insurance policy on a form no more restrictive than ISO form CG 20 10 (Additional Insured – Owners, Lessees, or Contractor). If CCSB and its board members, officers, and employees are not named as additional insureds then CCSB reserves the right to terminate this Contract immediately as a material breach of the Contract.

Bodily Injury and Property Damage Per Occurrence $1,000,000

General Aggregate $2,000,000

☐ 2. Product Liability and/or Completed Operations Insurance: All Contractors engaging in construction-related activities, as defined by 440.02(8) Florida Statutes, on behalf of CCSB are required to carry this insurance to the limit listed below. All non-construction Contractors whose work for CCSB includes products or services, and the value of these products or services in excess of $25,000 are required to carry this insurance to the limit listed below.

Bodily Injury and Property Damage Per Occurrence $1,000,000

General Aggregate $2,000,000

☐ 3. Automotive Liability: Any Contractor or vendor transporting district employees, delivering, or transporting district owned equipment or property, or providing services or equipment where a reasonable person would believe CCSB is responsible for the work of the Contractor from portal to portal is required to carry this insurance to the limit listed below.

Bodily Injury and Property Damage: Combined Single Limit (each accident) $1,000,000

☐ 4. Workers’ Compensation/Employer’s Liability: All non-construction Contractors and vendors that have one or more employees or subcontracts any portion of their work to another individual or company are required to have workers’ compensation insurance. For contracts of $25,000 or more, no State of Florida, Division of Workers’ Compensation, Exemption forms will be accepted. All Contractors engaging in construction-related activities, as defined by 440.02(8) Florida Statutes, on behalf of CCSB are required to have workers’ compensation insurance. All entities and individuals required to have workers compensation insurance must purchase a commercial workers’ compensation insurance policy to the limits listed below.

The Workers’ Compensation policy must be endorsed to waive the insurer’s right to subrogate against CCSB, and its board members, officers and employees in the manner which would result from the attachment of the NCCI Waiver Of Our Right To Recover From Others Endorsement (Advisory Form WC 00 03 13).

W.C. Limit Required* Statutory Limits

E.L. Each Accident $500,000

E.L. Disease – Each Employee $500,000

E.L. Disease – Policy Limit $500,000

☐ 5. Professional Liability Insurance (Errors and Omissions): Contractors providing professional services including but not limited to architects, engineers, attorneys, auditors, accountants, etc. are required to have this insurance to the limits listed below. Professional Liability coverage must be maintained in the amounts stated above for a two-year period following completion of the contract.

☐ a. For services, goods or projects that will exceed $1,000,000 in values over a year.

Each Claim $1,000,000

Annual Aggregate $2,000,000

☐ b. For services, goods or projects that will not exceed $1,000,000 in values over a year.

Each Claim $250,000

Annual Aggregate $500,000

☐ 6. Cyber Liability and Data Storage: Contractors or vendors providing software shall provide proof of insurance reflecting, at a minimum, coverage for: Data Loss and System Damage Liability; Security Liability;

Privacy Liability; Privacy/Security Breach Response Coverage, including Notification Expenses. Such Cyber Liability coverage must be provided on an Occurrence Form or, if on a Claims Made Form, the retroactive date must be no later than the first date of the Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis.

Each Claim $1,000,000

Annual Aggregate $1,000,000

☐ 7. Environment/Pollution Liability: Required if removal/demolition/renovations or use of hazardous liquid/materials or environmentally sensitive liquid/materials.

Each Claim $1,000,000

General Aggregate $2,000,000

The Contractor agrees to the following as it relates to its obligations and the insurance requirements herein this solicitation.

a. Insurance Verification Required: The CCSB requires that all Contractors prove their capacity to provide the required insurance as set forth in this solicitation. Contractors are required to provide in with their submittal a Certificate of Liability Insurance (Acord 25) matching the specified requirements, which must specify any deductible or retention applicable to the above required insurance.

b. If awarded, the Contractor will then be required to name The School Board of Citrus County, Florida as the certificate holder and additional insured for all policies outlined herein and provide a revised Certificate of Liability Insurance at the time of the award.

c. The Contractor agrees that no services shall begin until proof of insurance is received by the CCSB.

d. The Contractor shall provide written notice to the CCSB within thirty (30) days of any material changes or notice of cancellation the Contractor receives from its insurer on the above required insurance.

e. The Contractor and Subcontractors will be responsible for insurance on their tools and equipment.

f. By submitting a response to this solicitation, Contractor hereby understands and agrees to the above insurance requirements. Failure by the Contractor to maintain insurance as described herein constitutes a material breach of this contract and the CCSB shall have the right to terminate this contract without further liability.

12. UNIVERSAL SERVICE (E-RATE) REQUIREMENTS: To warrant consideration for an award of contract resulting from this solicitation, Respondents must agree to participation in the Universal Service Support Mechanism for Schools and Libraries (commonly known as "E-rate") as provided for and authorized under the federal Telecommunications Act of 1996 (Reference 47 U.S.C. § 254, "Universal Service"). Respondents acknowledge that any contractual relationship resulting from this solicitation may be partially or entirely dependent upon the successful receipt of Universal Service Fund (“E-Rate”) subsidies. Evan after award of contract(s) and/or E-Rate funding approval is obtained, the CCSB may or may not proceed with the project, in whole or in part. Execution of the project, in whole or in part, is solely at the discretion of the CCSB.

To ensure compliance with all applicable E-Rate regulations, program mandates and auditing requirements, Respondents must comply with the following:

a. E-Rate Knowledge: Respondent shall have, at a minimum, a working knowledge of the federal Universal Service Support Mechanism for Schools and Libraries (commonly known as "E-rate") Program including how it works and what it requires Respondents to do.

b. E-Rate Registration: Respondent shall submit with its bid submittal a valid Service Provider Identification Number ("SPIN") and a valid Federal Communications Commission Registration Number ("FRN").

c. FCC Green Light Status: Respondent shall submit evidence of FCC Green Light Status at the time of bid submittal. Respondents must disclose with their bid submittal if they have ever been “red-lighted” by the FCC during the two-year period prior to the issuance of this solicitation. Respondents must also disclose whether they have been the subject of audits or investigations by USAC, the FCC, DOJ or any other investigator associated with the E-Rate Program during the five years prior to the issuance of this solicitation.

d. E-Rate Participation: Respondent shall agree to participate in the E-rate Program and to cooperate fully and in all respects with the CCSB, the Universal Service Administrative Company ("USAC"), and any agency or organization administering the E-rate Program to ensure that the CCSB receives all of the E-rate funding for which it has applied and to which it is entitled in connection with Respondent's services and/or products.

e. Recourse Against Vendor for Failure to Cooperate: Respondent agrees that if the CCSB is unable to receive funding for which it applied or is otherwise entitled to receive due to the Respondent not cooperating and/or providing the requested documentation, Respondent will be liable to the CCSB for the amount that the CCSB was unable to collect from USAC due to Respondent’s failure to cooperative and/or provide requested documentation.

f. Lowest Corresponding Price: The Lowest Corresponding Price Rule ("LCP Rule"), 47 CFR § 54.511 (b), prohibits Respondent from ever charging the CCSB more for E-rate eligible goods or services than it charges similarly situated non-residential customers for similar goods or services, unless it can prove that the lowest corresponding price ("LCP") is not "compensatory."

The CCSB is not obligated to ask for the LCP; it must receive it.

Upon request, Respondent agrees to provide to the CCSB, in electronic form, all of the information necessary to determine what the LCP is or, at a particular time, was.

If, at the time of delivery, the LCP is lower than the agreed-upon price, Respondent must charge the LCP. If it is determined that the Respondent did not charge the LCP, Respondent agrees to correct the billing and return any monies to the CCSB that were paid due to the Respondent’s violation of the LCP Rule.

Promotional rates that Respondent offers for a period of more than 90 days must be included among the comparable rates upon which the LCP is determined.

There is a rebuttable presumption that rates offered within the previous three years are still compensatory.

Respondent may not avoid the LCP Rule by arguing that none of its non-residential customers are identically situated to the CCSB or that none of its contracts cover goods or services identical to those sought by the

CCSB.

The FCC will permit Respondent to charge the CCSB more than the LCP only when it can prove to the agency that the LCP is not "compensatory" -- i.e., that it will face demonstrably and significantly higher costs to provide its goods and/or services to the CCSB than it would to provide similar goods and/or services to similarly situated non- residential customers. Some factors that could affect the cost of service are volume, mileage from facility, and length of contract.

g. Products and services must be delivered and installed before billing can commence. At no time may the Respondent invoice before July 1, 2025.

h. Prices must be held firm for the duration of the associated E-Rate funding Year(s) or until all work associated with this project is complete (including any contract and USAC approved extensions).

i. The Respondent acknowledges that no change in the products and/or services specified in this document will be allowed without prior written approval from the district and a USAC service substitution approval with the exception of a Global Service Substitutions.

j. The Respondent acknowledges that all pricing and technology infrastructure information in its bid shall be considered as public and non-confidential pursuant to §54.504 (2)(i)(ii).

k. E-Rate Audit and Document Retention Requirement: Respondent and subcontractors of Respondent shall provide to CCSB staff and/or the CCSB’s E-rate consultant within a commercially reasonable period of time, all of the information and documentation that the Respondent has or that Respondent reasonably can acquire that the CCSB may need to prepare its E-rate applications and/or to document transactions eligible for E-rate support.

Respondent and subcontractors of Respondent shall retain and secure all documentation related to the purchase, payment, delivery and/or installation for all products and services provided under this contract. All such records must be retained for a period of ten (10) years form the last date of service and shall be subject to inspection by CCSB and/or the SLD/USAC and/or their contractors.

l. Starting Services/Advance Installation – Category 1 Services:

The annual E-Rate Funding Year begins on July 1 and expires on June 30 of each calendar year. Regardless of the contract “effective date”, E-Rate eligible goods and/or services requested in this solicitation shall be delivered no earlier than the start of the 2025 funding year (July 1, 2025). If Category 1 services (Telecommunication Services and Internet access) will begin on or shortly after July 1 of a funding year, the service provider, in some cases, may need to undertake some construction and installation work prior to the beginning of that funding year.

Within the limitations indicated below, the infrastructure costs of a service provider can be deemed to be delivered at the same time that the associated Category 1 services begin. That is, if services begin on July 1, then the delivery of service provider infrastructure necessary for those services can be considered as also delivered on July 1. However, NO INVOICING can take place prior to July 1 of the associated Funding Year.

Early Funding Conditions

Category 1 There are four conditions that must be met in order for USAC to provide support in a funding year for Category 1 infrastructure costs incurred prior to that funding year.

Initiation of installation cannot take place before selection of the service provider pursuant to a posted Form 470 and in any event no earlier than six months prior to July 1 of the funding year.

The Category 1 service must depend on the installation of the infrastructure.

The underlying Category 1 service cannot have a service start date prior to July 1 of the funding year.

No invoices can be submitted to USAC for reimbursement prior to July 1 of the funding year.

For more information, please refer to the FCC Order involving the Nassau County Board of Cooperative Educational Services (DA 02-3365, released December 6, 2002). This FCC decision only applies to Priority 1 services (telecommunications services and Internet access).

The complete text can be found at the following URL:

http://www.usac.org/sl/applicants/step05/installation.aspx

Category 2 There is one condition that allows USAC to provide support in a funding year for Category 2 installation costs incurred prior to that funding year.

We also amend our rules for category two non-recurring services to permit applicants to seek support for category two eligible services purchased on or after April 1, three months prior to the start of funding year on July 1. This will provide schools with the flexibility to purchase equipment in preparation for the summer recess and provide the maximum amount of time during the summer to install these critical networks.

For more information, please refer to the FCC Report and Order and Further Notice of Proposed Rulemaking (FCC 14-99, released July 23, 2014). This FCC decision only applies to Category 2 services (Internal Connections).

However, NO INVOICING can take place prior to July 1 of the funding year.

m. Invoicing Procedures: The CCSB intends to use the BEAR Process (Form 472 - Billed Entity Applicant Reimbursement Form). The Respondent shall invoice the CCSB in full for the eligible products or services received and the CCSB shall request reimbursement from USAC for the discount costs of the eligible E-Rate approved products or services.

However, should the CCSB decide it is in the best interest of the CCSB to use Form 474 (Service Provider Invoice “SPI” Form), the CCSB will inform the Respondent of its intent and the Respondent shall invoice the CCSB only for the non-discounted amounts due on E-Rate approved transactions and simultaneously invoice USAC for the balance.

Respondent shall itemize, price, and invoice separately any materials or services that are ineligible for E-Rate funding. Respondent should include relevant information on all invoices to the CCSB for E-Rate eligible equipment and/or services:

Date of Invoice Date(s) of service Funding Request Number (“FRN”) Respondent’s signature on invoice attesting to the accuracy and completeness of all charges.

Detailed description of services performed, and materials supplied that matches CCSB’s contract specifications, Form 470, and Form 471 description of same.

Clear, concise breakdown of amount(s) to be billed to USAC (discounted portion of eligible charges) and amount(s) to be billed to the CCSB (non-discounted amount of eligible charges).

Invoice on Respondent’s letterhead or on a Respondent-generated form.

CCSB’s Billed Entity Number CCSB’s Federal Communications Commission Registration Number.

Proper E-Rate discount percentage as set for by the applicable FRN and USAC funding commitment decision letter (“FCDL”).

n. Service Provider Annual Certification Form Requirement: Respondent will, in accordance with E-Rate Program rules, file an FCC Form 473 annually with USAC. Respondent understands that unless and until it files this form for a particular funding year, USAC will not process any FCC Form 472 (“BEAR”) request from the CCSB to reimburse it for the payments it has made already to Respondent for the non-discounted portions of its invoices for that year.

o. Recourse Against Proposer for Failure to File its Annual Certification Form: Respondent agrees that if the CCSB cannot collect a reimbursement payment from USAC because of Respondent’s failure to file a Form 473, Respondent will be liable to the CCSB for the amount that the CCSB was unable to collect from USAC due to Respondent’s failure to file that form.

12. OFFERER CERTIFICATION: Submission of a signed Bid is the Respondent’s certification that he/she will accept award at the prices and terms contained in their response to this solicitation as submitted.

13. CONTRACT: The contents of this solicitation and all provisions of the successful Respondent(s) deemed pertinent by the CCSB shall be considered a contract and become legally binding. A separate contract document, other than the purchase order(s), will not be issued.

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SECTION 4 – GENERAL TERMS AND CONDITIONS

1. DEFINITIONS:

Contractor. The “Contractor” shall refer to the company, individual, or organization awarded by the CCSB in accordance with this solicitation.

Respondent. The “Respondent” shall refer to that person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that submits a bid, proposal, response, or quote for the purpose of obtaining a contract with the CCSB for the provision of the services set forth herein.

The School Board of Citrus County, Florida. May be referred to as “Board”, “School Board”, “District”, or “CCSB” herein.

2. ADDITIONAL TERMS AND CONDITIONS: No additional terms and conditions included with the submittal shall be evaluated or considered. All such additional terms and conditions shall have no force and effect and are inapplicable to this solicitation. If submitted either purposely through intent, design or inadvertently appearing separately in transmitted letters, specifications, literature, price estimates or warranties, it is understood and agreed that the general and special conditions in this solicitation are the only conditions applicable to this solicitation and the offeror’s authorized signature affixed to the acknowledgement page of this solicitation attests to this.

3. NON-COLLUSION: The Respondent, by affixing its signature to the Bid Acknowledgement Form, certifies that its submittal is made without previous understanding, agreement, or connection with any person, firm or corporation making a Bid for the same item(s), and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.

4. ERRORS AND OMISSIONS: In the event an error or obvious omission is discovered in a Respondent’s submittal, either by the Purchasing Department or the Respondent, the Respondent may have the opportunity of withdrawing their submittal, provided they can produce sufficient evidence to document that the error or omission was clerical in nature and unintentional. Actual original copies of working papers, calculations, etc., may be requested at the Purchasing Department’s discretion, to support the validity of such a request. This privilege shall not extend to allowing a Respondent to change any information contained in their submittal; however, in the event of a minor omission, oversight, or obvious mistake on the part of the Respondent, the Purchasing Department (or designee) may request written clarification from a Respondent in order to confirm the evaluator’s interpretation of the Respondent’s response and to preclude the rejection of their submittal, either in part or in whole. The Purchasing Department has the sole authority to weigh the severity of the infraction and determine its acceptability.

5. INCURRING COST: This solicitation does not commit the CCSB to award a contract, nor shall the CCSB be responsible for any expense incurred in the preparation and presentation of a response to this solicitation. Such expense is to be borne exclusively by the Respondent.

6. BID OPENING: The Bid opening shall be public, on the date and at the time specified in this solicitation or as amended in the form of an addendum issued by the Purchasing Department. Pursuant to Chapter 119 Florida Statutes, sealed bids, proposals, or replies received by the CCSB as a result of this competitive solicitation are exempt from public inspection until such time as the CCSB provides notice of a decision or intended decision or within thirty (30) days after opening the bids, proposals, or replies, whichever is earlier.

7. AWARD: As in the best interest of the CCSB may require, the CCSB has the sole discretion and reserves the right to accept the Bid(s), make award(s) by individual item, group of items, and all or none or a combination thereof, to reject any or all Bid(s), to waive any minor irregularities or technicalities, to postpone or cancel this solicitation, in whole or in part, and to re-advertise with either the identical or revised specifications. Notice of cancellation will be posted electronically at www.myvendorlink.com.

8. WITHDRAWING A BID: The Bid response, as submitted by the Respondent, shall remain in effect for a period of ninety

(90) days from the Bid opening. The Respondent agrees not to withdraw from competition during this ninety (90) day period to provide ample time for evaluation and acceptance by the CCSB.

9. BID TABULATIONS AND RECOMMENDATIONS: The Purchasing Department or designee shall post notice of a decision or intended decision and tabulations electronically at www.myvendorlink.com. Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

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10. TIE ON UNIT PRICE OR BID: Should there be a tie on either the unit price (if awarded on a per item basis), sections of the bid (i.e.: building contracts, or bids awarded by section) or the whole bid (“all or none” bids or service bids), preference shall be given using the following order:

a. Companies who certify they are a drug-free workplace in accordance with Section 287.087 F.S.

b. Companies located in Citrus County, Florida.

c. Companies located in Florida.

d. The company receiving the larger dollar award on other items within the bid.

e. All else being equal, a coin toss will be made in the presence of witnesses to decide the award.

This does not preclude the possibility of splitting an order if it is in the best interest of the School Board.

11. BID PROTESTS: Respondents are advised that all Bid Protests must be made in accordance with the requirements of the terms and conditions of this Bid, the Administrative Rules of the Florida Department of Education, and Chapter 120, Florida Statutes. Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Any person who is adversely affected by the solicitation, decision or intended decision pertaining to this Bid must file with the Board, through its Purchasing Department, a written notice of protest within 72 hours after the posting or notification. A formal written protest shall be filed within 10 calendar days after filing the notice of protest. The 72 hours period referred to herein shall not include Saturdays, Sundays, or state holidays.

All Respondents acknowledge that the CCSB, as a result of the time lost and costs associated with an unsuccessful Bid protest, will suffer significant damages and losses. Any person who files an action protesting a solicitation, decision or intended decision pertaining to this Bid pursuant to Chapter 120, Florida Statutes, shall post with the Purchasing Department, at the time of filing the formal written protest, a bond in the amount equal to one percent…