Attachment Packet.PDF

Rev. 8/8/2024

INSTRUCTIONS TO BIDDERS

1. RFP/RFQ responses are to be submitted through our eProcurement platform, Demand Star (www.demandstar.com). If you don’t have a login, sign up, it’s free!

2. Responses may also be delivered to the Berkeley County Schools Operations Warehouse located at 50 Coast Guard Drive, Kearneysville, WV 25430 by the due date and time listed above. *Demand Star preferred*

3. The deadline for receiving bids is listed above.

4. Any and all bids may be rejected.

5. An approved purchase order is required before the merchandise or service is ordered or commenced.

6. SPECIFICATIONS: Items offered must comply with the specifications. Any deviation from the specifications must be clearly indicated by the bidder. Alternates offered by the bidder as “equal to” the specifications must be clearly defined. A bidder offering an alternate should attach complete specifications and literature to the bid. The Purchasing Director may waive minor deviations to specifications.

7. Complete all sections of the quotation form if provided, or else clearly state the quotation on your submittal.

8. Unit prices shall prevail in case of discrepancy.

9. The vendor must clearly instruct on the bid document if the vendor wishes to have the payment sent to a different "remit to" address other than the address on this document.

CERTIFICATION OF NON-CONFLICT OF INTEREST

According to W. Va. Code §61-10-15, It shall be unlawful for any member of a county commission, overseer of the poor, district school officer, secretary of a board of education, supervisor or superintendent, principal or teacher of public schools, or any member of any other county or district board, or for any county or district office to be or become peculiarly interested, directly or indirectly, in the proceeds of any contract or service, or in furnishing any supplies in the contract for, or the awarding or letting of, which as such member, officer, secretary, supervisor, superintendent, principal, or teacher, he/she may have any voice, influence or control.

BIDDERS AFFIDAVIT

THE BIDDER MUST SIGN THIS DOCUMENT AND RETURN IT TO THE BOARD OF EDUCATION IN

THE SAME SEALED ENVELOPE CONTAINING THE BID FORM AND OTHER PERTINENT BID

INFORMATION.

I HEREBY CERTIFY THAT I am (Title):

And the duly authorized representative of the firm of

And that I possess the legal authority to make these testimonies on behalf of myself and the firm for which I am acting.

NON-COLLUSION CERTIFICATION

Neither, I, nor to the best of my knowledge, information, and belief, the above firm nor any of its other representatives here represent have agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the bid or offer being submitted herewith; not in any manner, directly, or indirectly, entered into any agreement, participated in any collusion to fix the bid price, or price proposal of the bidder, or offer or herein, or any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the Contract for which the within bid or offer is submitted.

ANTI-BRIBERY AFFIDAVIT

Neither I, nor to the best of my knowledge, the above firm, nor any of its officers, directors, or partners, or any of its employees directly involved in obtaining contracts with the State of any county, bi-county, or multi-county agency, or subdivision of the State have been convicted of, or have pleaded no to contendere to a charge of or have e during the course of an official investigation or other proceeding admitted in writing or under oath acts or omissions committed after July 1, 1977, which constitute bribery, attempted bribery, or conspiracy to bride under the provisions of Article 27 of the Annotated Code of West Virginia under those laws of any state or federal government.

CIVIL RIGHTS COMPLIANCE

We fully comply with Title VI of the Civil Rights Act of 1964 (PL88352)

In signing this document, I represent that I have personal knowledge of all the matters and facts herein stated and do solemnly declare and affi1m under the penalties of perjury that the contents of this document are true and correct.

Date Signature Printed Name

BERKELEY COUNTY SCHOOLS

REQUEST FOR QUOTATION

GENERAL TERMS & CONDITIONS

1. Awards will be made in the best interest of the Berkeley County Schools.

2. Berkeley County Schools may accept or reject in part, or in whole, any bid.

3. Berkeley County Schools reserves the right to waive any technicalities or minor irregularities in responses received and to award the contract in the most beneficial manner for the district.

4. All quotations are governed by the West Virginia Code and Policy 8200.

5. All services performed or goods delivered under Berkeley County Schools Purchase

Orders/Contracts are to be continued for the term of the Purchase Order/Contracts, contingent upon funds being appropriated by the Legislature or otherwise being made available. In the event funds are not appropriated or otherwise available for these services or goods, this Purchase Order/Contract becomes void and of no effect after June 30 of each fiscal year.

6. Payment may only be made after the delivery and acceptance of goods or services.

7. Vendor preference will be granted only upon written request at the time of bid in accordance with the West Virginia Code and Berkeley County Schools’ purchasing policy.

8. Any additional taxes, charges, or fees must be disclosed and included in quoted price

9. The Berkeley County Schools is exempt from Federal and State taxes and will not pay or reimburse such taxes.

10. The Purchasing Director may cancel any Purchase Order/Contract upon 30 days written notice to the seller.

11. The laws of the State of West Virginia and Policy 8200 shall govern all rights and duties under the

Contract, including without limitation the validity of this Purchase Order/Contract.

12. Any reference to automatic renewal is hereby deleted. The Contract may be renewed only upon mutual written agreement of the parties.

13. BANKRUPTCY: In the event the vendor/contractor files for bankruptcy protection, this contract is automatically null and void, and is terminated without further order.

Vendor Name: _____________________________________________________________

Authorized Signature: _________________________________________ Date: _________

West Virginia Department of Education

Agreement Addendum

In the event of conflict between this addendum and the agreement, this addendum shall control:

1. DISPUTES - Any references in the agreement to arbitration or to jurisdiction of any court other than the Circuit Court of the county in which the Agency is located are hereby deleted. The parties may agree to nonbinding mediation prior to litigation.

2. HOLD HARMLESS - Any clause requiring the Agency to indemnify or hold harmless any party is hereby deleted in its entirety.

3. GOVERNING LAW -The agreement shall be governed by the laws of the State of West Virginia. This provision replaces any references to any other State’s governing law.

4. TAXES. - Provisions in the agreement requiring the Agency to pay taxes are deleted. As a political subdivision of the State of West Virginia, the Agency is generally exempt from Federal, State, and local taxes and will not pay taxes for any Vendor including individuals, nor will the Agency file any tax returns or reports on behalf of Vendor or any other party.

5. PAYMENT - Any references to prepayment are deleted. Fees for software licenses, subscriptions, or maintenance are payable annually in advance. Payment for services will be in arrears.

6. INTEREST – Any provision for interest or charges on late payments is deleted. The Agency has no statutory authority to pay interest or late fees.

7. NO WAIVER - Any language in the agreement requiring the Agency to waive any rights,claims or defenses is hereby deleted.

8. FISCAL YEAR FUNDING - Service performed under the agreement may be continued in succeeding fiscal years for the term of the agreement, contingent upon funds being appropriated by the Legislature or otherwise being available for this service. In the event funds are not appropriated or otherwise available for this service, the agreement shall terminate without penalty on June 30. After that date, the agreement becomes of no effect and is null and void. However, the Agency agrees to use its best efforts to have the amounts contemplated under the agreement included in its budget. Non-appropriation or non-funding shall not be considered an event of default.

9. STATUTE OF LIMITATION - Any clauses limiting the time in which the Agency may bring suit against the Vendor, lessor, individual, or any other party are deleted.

10. SIMILAR SERVICES - Any provisions limiting the Agency’s right to obtain similar services or equipment in the event of default or non-funding during the term of the agreement are hereby deleted.

11. ATTORNEY FEES - The Agency recognizes an obligation to pay attorney’s fees or costs only when assessed by a court of competent jurisdiction. Any other provision is invalid and considered null and void.

12. ASSIGNMENT - Notwithstanding any clause to the contrary, the Agency reserves the right to assign the agreement to a State agency or another local governmental agency, board or commission of the State of West Virginia upon thirty (30) days written notice to the Vendor and Vendor shall obtain the written consent of Agency prior to assigning the agreement.

13. LIMITATION OF LIABILITY - The Agency, as a political subdivision of the State, cannot agree to assume the potential liability of a Vendor. Accordingly, any provision limiting the Vendor’s liability for direct damages to a certain dollar amount or to the amount of the agreement is hereby deleted. Limitations on special, incidental or consequential damages are acceptable. In addition, any limitation is null and void to the extent that it precludes any action for injury to persons or for damages to personal property.

14. RIGHT TO TERMINATE - Agency shall have the right to terminate the agreement upon thirty (30) days written notice to Vendor. Agency agrees to pay Vendor for services rendered or goods received prior to the effective date of termination. In such event, the Agency will not be entitled to a refund of any software license, subscription or maintenance fees paid.

15. TERMINATION CHARGES - Any provision requiring the Agency to pay a fixed amount or liquidated damages upon termination of the agreement is hereby deleted. The Agency may only agree to reimburse a Vendor for actual costs incurred or losses sustained during the current fiscal year due to wrongful termination by the Agency prior to the end of any current agreement term.

16. RENEWAL - Any reference to automatic renewal is hereby deleted. The agreement may be renewed only upon mutual written agreement of the parties.

17. INSURANCE - Any provision requiring the Agency to purchase insurance for Vendor’s property is deleted. The Agency is insured through the Board of Risk and Insurance Management, and will provide a certificate of property insurance upon request.

18. RIGHT TO NOTICE - Any provision for repossession of equipment without notice is hereby deleted. However, the Agency does recognize a right of repossession with notice.

19. ACCELERATION – Any reference to acceleration of payments in the event of default or non-funding is hereby deleted.

20. CONFIDENTIALITY – Any provision regarding confidentiality of the terms and conditions of the agreement is hereby deleted. Governmental contracts are public records under the West Virginia Freedom of Information Act.

21. AMENDMENTS -All amendments, modifications, alterations or changes to the agreement shall be in writing and signed by both parties. No amendment, modification, alteration or change may be made to this addendum without the express written approval of the Agency.

ACCEPTED BY:

Local Education Agency:

Signed:

Title:

Date:

Revised 07-12

VENDOR:

Company Name:

Signed:

Title:

Date: