BID 1546 IFB.docx

Students First Inspire, Educate, Celebrate

Invitation for Bid (IFB)

Cybersecurity Program Equipment

IFB - 1546

Issue Date: December 16, 2024 Bid Opening Date and Time: Tuesday, January 14, 2025, 11:00 A.M.

Bid Opening Location: 18700 Audette Street, Dearborn, MI 48124 Purchasing Officer: Behgih Bezzi

TABLE OF CONTENTS

INVITATION FOR BID

IFB -1546

SECTION I: INVITATION TO BID PURPOSE AND SCHEDULE

1. PURPOSE:

Dearborn Public Schools also referred to hereinafter as the “District” is soliciting bids for Cybersecurity Program Equipment. The District intends to award a firm fixed price contract to the lowest responsive responsible bidder whose bid most closely meets the requirements as specified in the solicitation.

2. BACKGROUND INFORMATION:

DEARBORN PUBLIC SCHOOLS

Dearborn Public Schools is the third largest public school District in the State of Michigan, whose mission is to provide an exceptional learning environment that empowers every student to succeed in life today and in the future. The District enlightens and empowers its citizens to meet their lifelong learning needs through open and equitable access to information, technology, and cultural/educational programs. The Dearborn Public Schools system will provide easy access to local and global information that will assist all users in the development of a lifetime of enrichment and growth.

3. INVITATION TO BID SCHEDULE:

Bid Opening Date and Time : Tuesday, January 14, 2025, 11:00 A.M. local time

SECTION II: INSTRUCTIONS TO BIDDERS

1. Dearborn Public Schools is accepting sealed bids for Cybersecurity Program Equipment in accordance with the attached specifications. All bids shall be received by the District no later than Tuesday, January 14, 2025, 11 AM local time. It is the sole responsibility of the Bidder to ensure their Bid reaches the Dearborn Public Schools on or before the closing date and hour as indicated. Bids submitted late or orally will NOT be accepted.

All late Bids will be considered non-responsive and rejected. Rejected Bids will be destroyed after ten (10) days, unless otherwise notified to return to the Bidder, which will be at the Bidder’s expense.

The Bidder shall utilize Bid forms as supplied in the solicitation document. Pricing shall only be provided in the specific format requested.

Bids shall be clearly labeled with IFB-1546 Cybersecurity Program Equipment and Bidder’s name and address. Bids will be accepted physically to the address listed below or US Mail to the address listed below:

Dearborn Public Schools, 18700 Audette Street, Dearborn, MI. 48124

Bids will be opened and read aloud Tuesday, January 14, 2025, 11:00 A.M.

at the Dearborn Public Schools Business Services located at 18700 Audette Street, Dearborn, MI 48124

2. BUILDING CLOSURE

In the event the District, and/or affected location is closed due to unforeseen circumstances on the day Bids are due, Bids will be due at the same time on the next business day (M-F) the affected location and/or Dearborn Public Schools is open.

3. ADDENDA

Any and all clarification questions pertaining to this IFB shall be submitted in writing through email to bezzib@dearbornschools.org by date provided within IFB. Questions will be answered and posted as an addendum on Bidnet Direct (http://BidNetDirect.com/mitn). It is the Bidder’s responsibility to check for any changes, posted questions and answers, and/or addenda to this solicitation prior to submitting their Bid. The District will not be bound by oral responses to inquiries or within responses other than written addenda. Bidders are required to acknowledge all addenda in their Bid. Failure to acknowledge receipt of any addenda to this solicitation may result in rejection of your Bid as being non-responsive.

4. COMMUNICATION WITH DISTRICT STAFF

Any and all communication with regards to this IFB shall go through the Purchasing Officer. Failure to comply with this may be grounds for your Bid being disqualified.

5. EXCEPTIONS

Bids shall meet or exceed all specifications herein. Any and all deviations from specifications, terms and conditions shall be clearly detailed on Section IX, Exception to Specification Form; otherwise, it will be considered that items offered are in strict compliance with the specifications, and the successful Bidder will be held responsible thereof.

6. WITHDRAWAL OF BIDS

Any Bidder may withdraw their Bid at any time prior to the opening of Bids. All Bids shall remain firm for acceptance and pricing shall be honored for a period of 180 (one hundred eighty) days beyond the Bid opening.

7. BID COSTS

District assumes no responsibility or liability for costs incurred by the Bidder prior to the execution of the contract and/or purchase order.

8. BID ACCEPTANCE/REJECTION

The Dearborn Public Schools reserves the right to accept or reject any or all Bids or alternative Bids, in whole or in part, with or without cause; to waive any informalities herein; or for reasons of establishing uniformity, to award the contract to other than the lowest Bidder in the sole discretion of the District.

9. GIFTS, GRATUITIES OR KICKBACKS

Acceptance and the offering of gifts, gratuities or kickbacks from Bidders to District employees and their family members, or the members of the Dearborn Public Schools Commission are strictly prohibited.

10. SOLE BIDDER | COST ANALYSIS

If only one Bid is received in response to this IFB, a detailed cost Bid, if requested by the District, will be required of the single Bidder. A cost/price analysis and evaluation and/or audit shall be performed of the cost Bid in order to determine if the price is fair and reasonable, including, but not limited to, the evaluation of specific costs and profits.

11. BIDDER INTERVIEWS AND DEMONSTRATIONS

The district may at their sole discretion request additional information or elect to conduct interviews, demonstrations, and site visits with selected Bidders under active consideration. The District is not obligated to provide all Bidders with such an opportunity.

12. MISREPRESENTATIONS

If it is discovered, prior to an award, that a Bid contains false, misleading, or otherwise inaccurate information, the Bid will immediately be disqualified. If it is discovered, after a contract has been executed, that the bidder had provided false, misleading, or otherwise inaccurate information, the contract may be terminated.

13. OPEN PROCUREMENT

The District reserves the right to accept any item or group of items proposed in any response. District reserves the right to purchase more or less of each item or service at the unit price offered in the Bidder’s response and will discuss such decisions with all parties involved. The district reserves the right to negotiate with Bidders, which may be in the best interest of the District.

In the event that the Bidder markets materials, products, and/or services that is newer, less expensive, or better suited to the needs of District after the date of the contract pursuant to this Bid document, District shall have the right to cancel any portion of the service under that contract and be granted a credit towards the purchase price of any such newer materials, products, and/or services, as herein specified. The Bidder shall provide the District with timely notice of the availability of such newer materials, products, and/or services.

14. NOTIFICATION OF AWARD

Once approved by the Board of Education, notice of award will be published on Bidnet Direct (http://www.bidnetdirect.com/mitn).

15. SERVICE OF PROTEST AND DISPUTES

Any bidder or offeror who is aggrieved in connection with the solicitation or award of a subsequent contract may protest to the Executive Director of Business Services and Operations at Dearborn Public Schools. The protest shall be submitted in writing five (5) business days after such aggrieved proposer knows, or should have known, of the facts giving rise thereto. Failure to submit a timely protest shall relieve the aggrieved party of any rights hereto.

The written protest shall include the Bid/RFP date, number, and the project title. The document should clearly state the facts related to said protest, and include the desired remedy. TheExecutive Director of Business Services and Operations is not required to take into consideration any additional materials filed by any party after the protest deadline.

The Executive Director of Business Services and Operations, or authorized designee, will provide a written decision to the protesting party within 30 days of receipt of the protest.

Until issuing a final decision on a timely protest, Dearborn Public Schools will not award a contract or purchase order pursuant to a disputed solicitation. However, if there is a threat to public health, safety or welfare or a danger of immediate and substantial harm to District property, students, and or staff resulting from delay in making the award, the Procurement Officer, or designee, may proceed with award and document justification for such action.

If the protest is not resolved to the bidders satisfaction, the bidder may submit a notice of appeal, (and it must be so identified when submitted), to the Superintendent, through the Executive Director of Business Services and Operations within five (5) days after receipt of the District’s response to their protest. The decision of the Superintendent shall be final, conclusive, and binding on all parties concerned.

The written protest to the Procurement Administrator must be accompanied by a filing fee in the form of a money order or cashier’s check payable to Dearborn Public Schools in the amount of one (1%) percent of the amount of the Bid/RFP (I.E. proposed contract), or $1,000.00, whichever is less. The filing fee shall guarantee the payment of all costs, which adjudged against the protester in any administrative proceeding. If the protest is denied, the filing fee shall be forfeited to Dearborn Public Schools in lieu of payment of costs for administrative proceedings. If Dearborn Public Schools uphold the protest, the filing fee shall be returned to the protester.

SECTION III: GENERAL CONTRACTUAL TERMS & CONDITIONS

1. CONTRACTOR STATUS (As Applicable) Contractor is retained by the District only for the purposes and to the extent set forth in this Contract. Contractor’s relation to the District shall only be that of an independent Contractor. Both parties understand and agree that this Contract is not intended and shall not be construed to create an employment relationship between District and Contractor, its officers, employees, or agents.

Contractor shall at no time represent itself to be an employee or agent of the District and shall not be considered as having employee status or being entitled to participate in any plans, arrangements or distributions of the District pertaining to or in connection with any fringe, pension, workers’ compensation, unemployment or similar benefits for District employees.

Contractor shall retain sole and absolute discretion in the methods and means of carrying out Contractor’s Activities and responsibilities under this Contract, except to the extent specified in this Contract.

2. TAXES

Dearborn Public Schools, a Michigan Municipal Corporation, is exempt from federal, state and local taxes for purchases made in furtherance of exempt missions, including Michigan sales and use tax and federal excise tax. Seller will not charge District for any taxes in connection with the Purchase Order to the extent permitted by law. District will supply its tax-exempt number and/or copies of its exemption certificates to Seller upon request from Seller.

3. TERMINATION RIGHTS

The District may terminate any Contract awarded as a result of this solicitation, with or without cause, upon thirty (30) days written notice to the Contractor. For purposes of this clause, the term “Cause” shall mean failure by the Contractor to comply with any of the material terms of the Contract. Contractor shall have 14 days from receipt of written notice of such failure, to provide a written response to the Contracting Officer detailing how the cure was affected, and what steps are being taken to prevent the failure from occurring again. If cure steps are not deemed satisfactory by the contracting officer, said contract will be terminated. Contractor will be paid only that amount which has been incurred for work completed up to the date of termination. Contractor will not be eligible for any anticipatory profits or fees for future work beyond the termination date of this Contract. In addition to any other remedies provided by law or this Contract, the Contractor shall be responsible for all costs incurred by the District as a result of the Contractor’s breach and termination, including any costs to obtain substitute performance.

a. IMMEDIATE TERMINATION If the District, in its discretion, determines that the Contractor’s breach of any subsequently awarded Contract constitutes a threat to public health, safety, or welfare, the District may terminate this Contract immediately upon notice to the Contractor. In addition to any other remedies provided by law or this Contract, the Contractor shall be responsible for all costs incurred by the District as a result of the Contractor’s breach and termination, including any costs to obtain substitute performance.

b. TERMINATION FOR CONVENIENCE If the District determines that it is in the District’s best interests, the District may terminate any subsequently awarded Contract upon thirty (30) days written notice to the Contractor. The District shall pay for all work properly performed up to the effective date of the notice of termination.

c. TERMINATION FOR LACK OF FUNDING If a Contract resulting from this solicitation is funded by public funds or a grant from a public or private entity, and the funds are not appropriated or the grant is discontinued, the District may terminate said Contract by written notice specifying the date of termination. The District shall pay for all work properly performed up to the effective date of the notice of termination.

4. DISTRICT CONTRACTOR PAYMENT POLICY & PROCEDURES

All payments are conditioned upon properly documented proof of performance on an original Contractor invoice submitted by Contractor to District detailing all amounts invoiced for services. Payment will be made no later than forty five (45) days after receipt of said invoice. Invoices shall be submitted to Dearborn Public Schools, Accounts Payable, 18700 Audette Street, Dearborn, MI 48124. Invoices shall include the following information: Contract Number, Contractor Name and/or DBA, Contractor Address, number of hours worked, dates of work, rate, and detailed description of service/materials provided, as applicable. The Contractor shall maintain all records and documentation regarding payment for at least three (3) years following the date of final payment from the District under the Contract.

All amounts paid to the Contractor shall be reported to the Internal Revenue Service as required by law, and the District will timely issue a Form 1099 to the Contractor, as applicable. Except as otherwise provided herein, each of the parties hereto shall pay their respective counsel fees, accounting fees, and other costs and expenses incurred in connection with the performance of this contract.

5. EXPENSES

Under no circumstances will the Contractor be paid, or reimbursed, for any expenses for entertainment, alcohol or other similar personal expenses, or any other expenses which are illegal.

6. CONFIDENTIALITY

The information contained in this IFB is intended solely for internal use by the Bidder in its Bid preparation. All information contained herein is proprietary and shall not be distributed to any third party, except as required/allowed by law. Further, any information obtained by Contractor, or any reports prepared or supplied (including information contained therein) to District under the performance of the Services shall not be directly or indirectly disclosed by Contractor without the express written permission of District.

Bidder(s) will at no time make any news or advertising releases pertaining to the Bid document for any purpose without the prior written approval of, and in coordination with, District.

7. FREEDOM OF INFORMATION ACT

The Bids and supporting materials become the property of the District and are subject to public access according to the Michigan Freedom of Information Act, MCL 15.231 et. Seq.

8. EXECUTION OF CONTRACT

Any contract related to this IFB, which is entered into by the parties shall consist of all parts of this IFB including specifications, drawings, addenda, Bidder’s submitted Bid, purchase order, which all shall be referred to collectively as the Contract Documents. The Bidder shall submit all product and/or service warranties, and any maintenance or license agreements for all proposed equipment and services.

9. IMMUNITIES

Any Agreement related to this IFB shall not be construed to create any right or benefit for any person who is not a party to this Agreement. The relationship between the District and the Bidder is that of independent contracting parties. It is not intended in any way to create a legal agency, partnership, joint venture or employment relationship. The Bidder shall at all times maintain its independent status and both parties acknowledge that neither is an agent, partner, joint venture or employee of the other for any purpose.

Contractor shall be responsible for paying all applicable taxes and fees including but not limited to excise tax, federal and state and local income taxes, payroll and withholding taxes, unemployment taxes, and workers’ compensation payments for its employees and shall indemnify and hold the District harmless for all claims arising under such taxes and fees.

10. TOBACCO/ALCOHOL ON DISTRICT PREMISES

Smoking, the use of tobacco products, or alcohol shall not be permitted on District property at any time.

11. NONDISCRIMINATION

The Contractor hereby agrees to comply with all applicable federal, state and municipal equal opportunity and nondiscrimination guidelines, regulations and executive orders, and covenants that neither the Contractor nor any of the Contractor’s subcontractors will discriminate against an employee or applicant for employment with respect to hire, tenure terms, conditions or privileges of employment, or in a manner directly or indirectly related to employment, because of sex, race, color, national origin, religion, height, weight, marital status, sexual orientation (subject to limitations of applicable law), age, or disability in its programs, services, activities or employment. Failure on the part of the Bidder to comply with said guidelines and regulations shall, upon reasonable notice, constitute grounds for the District to revoke and otherwise terminate the contract and all obligations of the District there under.

12. GUARANTEES BY THE BIDDER/PROPOSER

The Bidder/Proposer guarantees: That all delivered material, equipment and/or service shall be as proposed. No substitutions will be accepted unless prior to delivery material/equipment has been inspected, found to be equal to the item(s) specified, and approved in writing by a District representative; that all materials, products and service offered is standard, new, latest, model of regular stock product or as required by the specifications type of equipment or furniture offered; also that no products/materials have been submitted or applied contrary to manufacturer’s recommendations and standard practice.

13. INSURANCE REQUIREMENTS TO BE MET BY THE SUCCESSFUL BIDDER(S)/PROPOSER(S)

Bidder/Proposer agrees, at its sole cost and expense, to purchase, prior to the commencement of services, and maintain the following insurance coverages in the minimum amounts indicated for the entire duration of the contract. All coverage shall be with insurance carriers licensed and admitted to do business in Michigan and acceptable to the District.

a. Commercial General Liability Insurance with limits of three million dollars ($3,000,000) aggregate and not less than one million dollars ($1,000,000) per occurrence for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and products and completed operations coverage;

b. Professional Liability Insurance (Errors & Omissions) of one million dollars ($1,000,000) each occurrence;

c. Workers’ Compensation including Employer’s Liability Coverage of one hundred thousand dollars ($100,000) per occurrence for all employees engaged in services or operations under this Contract in accordance with state law;

d. Automobile Liability with limits of one million dollars ($1,000,000) each occurrence combined with a single limit of liability for bodily injury, death, and property damage, including owned and non-owned automobile coverages, as applicable.

To the extent that any insurance coverage required under this Paragraph is purchased on a “claims-made” basis, such insurance shall cover all prior acts of Bidder during the term of this Contract, and such insurance shall be continuously maintained until at least three (3) years beyond the expiration or termination of this Contract.

The required coverage as described above shall include an endorsement stating the following: “It is understood and agreed that thirty (30) days advance Notice of Cancellation, Non-Renewal, Reduction and/or Material change shall be sent to: Dearborn Public Schools, Purchasing Office, 18700 Audette St, Dearborn, MI 48124.” If such insurance is not in force, the District may, at its option, terminate and cancel the contract.

Prior to award of any contract resulting from this solicitation, the most preferred bidder shall submit to District proof of above referenced insurance.

14. COMPLIANCE

Bidder/Proposer agrees to comply with all Federal, State, and local laws, rules, regulations, executive orders and ordinances that may be applicable to the Bidder performance of its obligations under this contract.

15. District RIGHT TO COMPLETE In the event the Contractor fails, neglects, or refuses to perform any and all services under a Contract related to this IFB, District may perform or hire another Contractor for such duties under the Contract and charge the Contractor for subsequent work performed.

16. ASSIGNMENT AND SUBCONTRACTING

Bidder/Proposer does not have the right to assign or subcontract all or any portion of this contract without the written approval of the Contracting Officer.

17. GENERAL INDEMNIFICATION AND HOLD HARMLESS

Contractor agrees to indemnify, defend and hold harmless the District, Board of Education, and District Officers and Employees acting in their official and individual capacities, employees, agents, contractors, successors and assignee’s, from and against any and all costs, expenses, damages, and liabilities, including reasonable attorney’s fees, arising out of the: (i) negligent act or willful misconduct of the Contractor, its officers, directors, employees, successors, assignees, contractors and agents; (ii) any breach of the terms of this Contract by Contractor; or (iii) any breach of any representation or warranty by Contractor, its officers, directors, employees, agents, successors or assigns under this Contract.

18. INTELLECTUAL PROPERTY INDEMNIFICATION

Contractor warrants that its performance of the Services under this Contract does not infringe on or violate any copyright patent, trade secret or other property interest of a third party. The Contractor shall obtain written permission to use any materials, documents, writing, publications, software, recording or procedure, whether in written, video, audio or other media format, attributed to another (whether copyrighted or not) and proof of such written permission shall be submitted to District with the work product of another proposed to be used by the Contractor. Contractor agrees to indemnify, defend and hold harmless District, District Commission, and District Officers and Employees acting in their official and individual capacities, employees, agents, contractors, successors and assignee’s, from and against any and all liabilities, damages, costs and expenses, including reasonable attorney fees, incurred in connection with any claim or suit brought against District arising from any claims of violation of any copyright, patent or trade secret by any third party resulting from Contractor’s or District’ use of any equipment, software, technology, documentation and/or any other materials, documents, writing, publications, software, recording or procedure, whether in written, video, audio or other media format provided by Contractor under this Contract; provided that Contractor is notified in writing within thirty (30) days from the date the District knew of such claim. District retains the right to offset against any amounts owed Contractor hereunder or any such monies expended by District in defending itself against such claims.

19. MICHIGAN RIGHT TO KNOW/HAZARDOUS MATERIAL LAW

It is the Bidder's/Proposer’s responsibility to comply with the Michigan Right to Know/ Hazardous Material Law and all applicable environmental laws. The Bidder is to provide District with the following information:

a. Material Safety Data Sheets (MSDS) on all chemicals your company provides/uses in District buildings.

b. An inventory of the types of chemicals used, their purpose, and their location within any District building.

20. PRODUCT ACCEPTANCE

District reserves the right to require a final acceptance test by its own agents or consultants to ensure that each product provides functions as specified in the Bid document. All equipment will remain the property and responsibility of the Bidder(s) until acceptance. Only at that time will the District assume responsibility for the possession of the equipment or any part thereof. The warranty period shall start upon product acceptance.

21. GOVERNING LAW

Any contract related to this solicitation shall be governed by and construed under the laws of the state of Michigan. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of the competent jurisdiction in Wayne County, Michigan or as required by law.

22. CONFLICT OF INTEREST

The Bidder/Proposer agrees that any/all of Bidder’s/Proposer’s owners, officers, directors and administrators, as well as any of Bidder’s employees who are involved in this procurement and/or contracting process, shall disclose if they have a business or other relationship with any Commission member, administrator or employee of District, or any family member of any Commission member, administrator or employee of District. “Family member” means a person’s spouse or spouse’s sibling or child; a person’s sibling or sibling’s spouse or child; a person’s child or child’s spouse; or a person’s parent or parent’s spouse, and includes these relationships as created by adoption or marriage. The Bidder shall execute the Notarized Familial & Relationship Disclosure Affidavit, attached hereto as Section VII and submit the same with its Bid. Furthermore, Bidder represents and warrants to District that if any owners, officers, directors, administrators of Bidder, or any employees of Bidder who are involved in this procurement and/or contracting process, establish any such business or other relationship with any Commission member, administrator or employee of District, or any family member of any Commission member, administrator or employee of Dearborn Public Schools after being awarded the contract and during the term of the contract, Bidder shall immediately disclose the type and nature of such relationship to District in writing. If, after such disclosure, the District cannot comply with applicable conflict of interest laws due to such a relationship, the District shall have the right to revoke its award of any contract, or immediately terminate the contract and be entitled to any remedies provided in law or equity.

No member of District, District Commission, City, State or any officer, employee or person whose salary is payable in whole or in part from the treasury of District is directly or indirectly interested in this Bid or in the supplies, materials, equipment, work, services or any portion of the profits thereof to which it relates. If the District, in its sole and absolute discretion, deems a conflict of interest exists under applicable laws, such may be grounds for disqualification.

23. NON-COLLUSION

In order to be considered, bidders/proposers must certify (1) the price(s) and the amounts of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder; (2) neither the price(s) nor the amount of the bid, and neither the approximate price(s) or the approximate amount of the bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before the bid opening; (3) no attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive or other form of complementary bid; (4) the bid is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or noncompetitive bid; (5) bidder and its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

24. NOTICES

All notices under any Contract related to this IFB shall be deemed to be adequate and sufficient notice if given in writing and delivered via a) registered or certified mail; or b) a nationally recognized overnight air courier. All notices shall be sent to the District, The Office of Business Services, 18700 Audette Street, Dearborn, MI 48124.

25. SEVERABILITY

If any provision of a contract related to this IFB is held to be invalid or unenforceable for any reason, the remaining provision will continue in full force without being impaired or invalidated in any way.

26. ENTIRE AGREEMENT

Any contract awarded as a result of this IFB represents the entire understanding between the District and the Bidder and it supersedes all prior representations or agreements whether written or oral. Neither part has relied on any prior representations in entering into this Contract.

27. NON-WAIVER

No waiver by a party of any default or nonperformance will be deemed a waiver of any subsequent default or nonperformance.

29. REPORTING | DOCUMENTATION

The Bidder shall provide all reasonably necessary reporting and documentation to permit the District to comply with applicable laws.

30. OFFICIAL DOCUMENTS

The Authorized Version of this solicitation shall be the identified document appearing on Bidnet, with amendments and updates. Copies of documents obtained from any other source are not considered official copies. Only those vendors who obtain documents from the Bidnet Direct system are guaranteed access to receive addendum information, if such information is issued. If you obtained this document from a source other than Bidnet Direct, it is recommended that you register on the Bidnet Direct site, http://www.BidnetDirect.com/mitn and obtain an official copy and any addenda.

INCORPORATION BY REFERENCE

Clauses contained within this solicitation (as applicable), unless otherwise noted, are incorporated into any resulting contract awarded, by reference, and shall remain in full effect throughout the duration of said contract unless removed, modified, or changed by mutual written consent of both parties. In the event of any conflict between clauses, the more stringent clause will apply.

RIGHT TO REJECT

The District reserves the right to waive any irregularity in any bid/IFB, or to reject any and all bids/IFB for any reason whatsoever, without recourse from respondent, or to split award by items unless otherwise stipulated, it should be deemed for its best interest.

SECTION IV: SPECIAL CONTRACTUAL TERMS & CONDITIONS

1. CONTRACT TERM: The District intends to award a firm fixed price contract to the lowest responsive responsible bidder whose bid most closely meets the requirements as specified in the solicitation. Pricing proposed as part of the solicitation process would remain fixed and in effect for the duration of the agreement.

2. DISTRICT CONTRACTOR PAYMENT POLICY & PROCEDURES

Contractor(s) must submit invoices, on a weekly basis or terms as agreed upon, to District, Accounts Payable, 18700 Audette Street, Dearborn, MI 48124. Invoice must include the event date, title, contact person, internal account line, the list of items ordered, the number of each ordered item, per unit price, extended price and a grand total. Payment will be made within 30 days after receipt of an invoice for services rendered, upon inspection, satisfactory performance of the contract, and approval of the District.

3. SITE VISIT (AS APPLICABLE)

Bidders are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Appointments for site visits shall be made through the Purchasing Officer.

4. AVAILABILITY OF FUNDS

Bidder acknowledges that the award for services and/or products under this solicitation is contingent upon the availability of funds. District may, in its sole discretion, unilaterally rescind, terminate or modify a resulting contract at any time due to the non-availability of the funds. District shall provide Contractor with notice of a change in anticipated funding within a reasonable time after District receives such notice, if District intends to take unilateral action.

5. ELECTRICAL POWER TOOL AND EQUIPMENT

All electrical power tools and equipment shall meet or exceed the requirements of Underwriters Laboratory (U.L.). Each piece shall have the U.L. label affixed in a conspicuous place.

6. PROTECTION OF DISTRICT BUILDINGS, EQUIPMENT, AND VEGETATION

The Bidder/Proposer shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the District. If the Bidder's failure to use reasonable care causes damage to any of this property, the Bidder shall replace or repair the damage at no expense to the District as the Contracting Officer directs. If the Bidder fails or refuses to make such repair or replacement, the Bidder shall be liable for the cost, which may be deducted from the contract price.

7. VOLUNTARY ALTERNATES

Base Bids are requested in accordance with the detailed specifications. Voluntary alternates, which in the Bidder’s judgment will result in an equally satisfactory job that meets the specifications are allowed but ONLY if the Bidder has submitted a Base Bid. Such alternates are to be described in detail along with the respective pricing to permit proper evaluation.

8. STORM WATER PERMITS

While performing work involving grounds maintenance and/or the construction/maintenance of any infrastructure, including roads, water mains, sanitary sewers, storm drains and stormwater best management practices (BMPs), contractors shall minimize pollution from stormwater runoff that can affect water quality related to work activities. Pollutants that could impair water quality may include fuel, grease and oil, nutrients, bacteria and pathogens, litter and debris, and soil erosion and sedimentation. Applicable BMPs shall be implemented by the Contractor to the maximum extent practicable to protect water quality and wildlife habitat.

9. If federal funding of this project, requirements will be included in the technical specifications of the project. If stated within, the contractor is required to provide necessary documentation including certified payrolls if required under prevailing wage rates in their billing information.

SECTION V: SPECIFICATIONS/SCOPE OF WORK

Please see list of needed equipment here.

SECTION VI: FEE/BID/PRICING

Please see list of needed equipment here. Please give a breakdown of prices and a lump sum total for all equipment. Installation, and training.

SECTION VII: NOTARIZED FAMILIAL and RELATIONSHIP DISCLOSURE AFFIDAVIT (Return completed and notarized form with Bid)

Dearborn Public Schools Non-Collusion Agreement

I hereby state _______________________________________________________ (Name of Company) understands and acknowledges that the representations made herein are material and important, and will be relied on by the Dearborn Public Schools in awarding the contract(s) for which this bid is submitted. I understand and my company understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Dearborn Public Schools of the true facts relating to the submission of bids/Bids related to any subsequently awarded contract.

Notary Seal

(Failure to complete, sign, and notarize this page shall result in disqualification of bid.)

SECTION VIII: EXCEPTION TO SPECIFICATION FORM

Bidders shall enter all exceptions to the specifications in this section. District has sole authority to accept or reject any and all exceptions entered herein.

SECTION IX: BIDDER INFORMATION FORM

The Bidder is required to respond to the questions where specified. If necessary, additional documentation can be attached to this form. Responses should be concise and stand on their own.

1. Company Name________________________________________________________________________________

Phone: ____________________Website:_______________________________

Contact Name: ______________________________ Contact Title: __________________________

Contact Phone: _________________________ Email for award notice: _______________________

Firm Established: ____________ Years in Business as said Company: __________________

Taxpayer I.D. # _______________DUNS Number(s) and respective addresses: (List all that will work with District)

If applicable provide former company names: ___________________________________________

Business Structure: Corporation ( ) Partnership ( ) Sole Proprietor ( )

Largest single contract this company has held in the last 5 years? $ With whom? __________________

Annual gross sales for last five (5) years:

2017 2016 2015 2014 2013

How many employees does your company employ? Full-time employees: _______ Part-time employees: _______

Provide business name, contact and telephone numbers of three (3) customers that have purchased products and/or services from your company in the past year, preferably School Districts, or other public entities.

Business________________________ Contact: ___________________________ Telephone: ____________ Business________________________ Contact: ___________________________ Telephone: ____________ Business________________________ Contact: ___________________________ Telephone: ____________

Acknowledgement of addenda #1__________ ______ #2__________ ______ #3__________ ______ Date Initials Date Initials Date Initials

The undersigned certifies that the Bid submitted meets or exceeds all the specifications, that all conditions noted here are acknowledged, and the firm prices and terms are specified by the Bidder are true and accurate.

Legal Name of the Firm; and Signature of Authorized Representative Date

SECTION X: CERTIFICATION

[BID 1546 CYBERSECURITY PROGRAM EQUIPMENT]

Bidder hereby certifies the following by checking yes or no by each item.

all addenda and will provide, as described herein, for the prices set forth in this Bid.

2. The Bidder has carefully reviewed the enclosed figures and understands that they shall □ □ be responsible for any error or omission in the Bid/offer.

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3. The Bidder certifies they have sought answers to any questions they may □ □ have regarding the form or substance of this IFB, and that they waive any right to protest the selection process up to the point of selection of firms to be interviewed.

4. Bidder certifies that they will comply with all Local, State, and Federal laws, ordinances, □ □ regulations and licensing requirements bearing on the work, services, or items provided.

5. Execution of any subsequent contract constitutes a representation by the Bidder that to the best □ □ of the Bidder’s knowledge no conflict of interest exists between the District representatives and the Bidder, or its employees and agents.

6. This Bid is made without any previous understanding or agreement with any other person, firm or □ □ corporation submitting a Bid for the same purpose and in all respects is fair and without collusion or fraud. The Bidder certifies that it has not divulged, discussed or compared its Bid with another Bidder and has not colluded with any other Bidder or parties to a Bid whatsoever.

7. The Bidder certifies they are not currently debarred, suspended, proposed for debarment, □ □ or declared ineligible or voluntarily excluded from participation in this transaction by any State, Federal, or local governmental agency.

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8. The Bidder certifies they are authorized to make affidavit to the representations made in Section III, □ □ Paragraph 23, and acknowledge said representations are material and important, and will be relied upon by the Dearborn Public Schools in awarding any Contract(s) for which this bid is submitted. Bidder further understands misstatements related to said affidavit are, and shall be treated as fraudulent concealments from the Dearborn Public Schools of the true facts relating to the submission of bids for this contract.

The Bidder certifies they have read Section III “Non-Collusion”, Official Document of the Invitation to Bid and their Bid submission contained herein were obtained directly from Michigan Intergovernmental Trade Network website, http://www.bidnetdirect.com/mitn and is an official copy of the Authorized Version. The Bidder certifies the information they have provided is correct and agrees to provide the scope of work in this Invitation to Bid, including all terms and conditions, special provisions, specifications, addenda and the Bid as set forth in these Contract Documents. The parties intend for this to become part of the final and complete agreement between District and the Bidder.

By signing this, I hereby certify I am authorized on behalf of the aforementioned company, to sign, submit, and represent this offer.

(Failure to complete and sign this page shall result in disqualification of bid.)

SECTION XI: IRAN ECONOMIC SANCTIONS

CERTIFICATION OF COMPLIANCE - IRAN ECONOMIC SANCTIONS ACT

Michigan Public Act No. 517 of 2012

The undersigned, the owner or authorized officer of the below-named contractor (the “Contractor”), pursuant to the compliance certification requirement provided in the Dearborn Public Schools’ (the “School District”) Invitation For Bid, hereby certifies, represents and warrants that the Contractor (including its officers, directors and employees) is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that in the event Contractor is awarded a contract as a result of the aforementioned IFB , the Contractor will not become an “Iran linked business” at any time during the course of performing any services under the contract.

The Contractor further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more than $250,000.00 or 2 times the amount of the contract or proposed contract for which the false certification was made, whichever is greater, the cost of the School District’s investigation, and reasonable attorney fees, in addition to the fine. Moreover, any person who submitted a false certification shall be ineligible to bid on an Invitation For Bid for three (3) years from the date it is determined that the person has submitted the false certification.

Name of Company

Signature of Authorized Representative

Name of Authorized Representative

Title of Authorized Representative

Date

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