Bid 26/27-5 Network Hardware Chula Vista Elementary School District

CHULA VISTA ELEMENTARY SCHOOL DISTRICT

REQUEST FOR BIDS

BID NO. 26/27-5

NETWORK HARDWARE

E-Rate Year 2027/2028

Bid Due on or Before:

WEDNESDAY, NOVEMBER 18, 2026 – 10:00:00 A.M. PST

Submit Bids To: Chula Vista Elementary School District Bid Administrator: Malia Hall

Via PlanetBids or https://vendors.planetbids.com/portal/82400/bo/bo-detail/146969 or (https://www.cvesd.org/bids)

Bid 26/27-5 Network Hardware Chula Vista Elementary School District

TABLE OF CONTENTS

DOCUMENT PAGE

Notice to Bidders 3

Introduction 4

Schedule of Events 6

Instructions to Bidders 7

General Conditions 17

Special Conditions 20

Specifications 21

Agreement 23

Required Forms* 32-43

Bid Price Sheet* 43

*Signatures required and must be returned with bid package.

Bid 26/27-5 Network Hardware Chula Vista Elementary School District

Bid No. 26/27-5 Network Hardware E-Rate Year 2027/2028

Notice to Bidders

NOTICE IS HEREBY GIVEN that the Chula Vista Elementary School District of San Diego County, California (“District”), acting by and through its Board of Education (“Board”), will receive up to but not later than 10:00:00 a.m., local Pacific Standard Time on November 18, 2026, sealed bids for the award of a contract for the following:

Bid No. 26/27-5 Network Hardware E-Rate Year 2027/2028.

Such bids shall be received by electronic bid submission via PlanetBids. Bidders must register on PlanetBids to be able to submit a bid or ask questions. Bidders shall create a Free account with PlanetBids by signing up through Chula Vista Elementary School District (https://www.cvesd.org/departments/business-services/purchasing-warehouse-publications/bids-rfq). Once you have completed account registration, select Bid Opportunities on the PlanetBids website and select Bid Invitation # 26/27- 5 Network Hardware E-Rate Year 2027/2028 then select Place eBid. Your completed Bid along with all required documents shall be time stamped on or before the time stated above. Late bids or incomplete bids will not be accepted.

Each bid must conform and be responsive to the Notice to Bidders, the Introduction, Instructions to Bidders, Specifications, General Conditions, Special Conditions, Bid Price Sheet, and Required Forms (the “Contract Documents”). Copies of the Contract Documents are now on file and may be obtained on the Chula Vista Elementary School District website at the above address through PlanetBids and through the link https://vendors.planetbids.com/portal/82400/bo/bo-detail/146969 and in the related Form 470 in the EPC Portal. Questions regarding this bid should be directed to Malia Hall, Lead Buyer, via the Q&A section for this specific solicitation on PlanetBids. It is the Bidder’s responsibility to ensure they have received all addenda. If you encounter any technical issues with the PlanetBids website, please contact PlanetBids at (818) 992-1771 between 7 a.m.

and 5 p.m. PST.

The District intends to obtain maximum funding discounts under the Federal Communications Commission’s E-rate program for eligible services and equipment procured as a result of this Bid. Qualified vendors must provide a Service Provider Identification Number (SPIN) and Federal Registration Number (FCC-FRN) with the proposal. Vendors must be willing to work within the requirements of the E-rate program and must be able to provide all necessary documentation and apply billing per the terms of the E-rate program.

All forms must be completed, signed, and returned with the bid. The Contract award will be made to one bidder, the lowest overall, responsive, responsible bid, meeting all bid requirements for the total amount of all items listed. The District reserves the right to reject any or all bids, to accept or reject any one or more items of a bid, or to waive any irregularities or informalities in the bid or in the bidding process.

The Chula Vista Elementary School District is committed to providing equal educational, contracting and employment opportunity to all in strict compliance with all applicable State and Federal laws and regulations. The District’s programs, activities, and practices shall be free from discrimination based on race, color, ancestry, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity or expression, or genetic information; the perception of one or more of such characteristics, or association with a person or group with one or more of these actual or perceived characteristics. (CVESD Board Policy 0410.) The District’s Human Resource Services and Support Office monitors compliance with these anti-discrimination requirements and may be reached at 84 East J Street, Chula Vista, CA 91910, (619) 425-9600, Ext 181340. Any individual who believes s/he has been a victim of unlawful discrimination in employment, contracting, or in an educational program may file a formal complaint with the District’s Human Resource Services and Support Office.

No bidder may withdraw its bid for a period of sixty (60) days after the date set for the opening of the bids. In the event of identical bids, the Board may determine by lot which bid shall be accepted per Public Contract Code § 20117.

Jessica Castillo-Tolston, Clerk, Board of Education Chula Vista Elementary School District, San Diego County, California.

Publication: The Star-News: October 16, 2026, and October 23, 2026

Bid 26/27-5 Network Hardware Chula Vista Elementary School District

Introduction

1. BACKGROUND: The Chula Vista Elementary School District (“District”) is a public school district located in San Diego, County, California. The District serves approximately 27,000 students at 50 school sites. In addition, the District has an offsite transportation facility “Bus Yard,” and “Maintenance Yard.” Our District services the communities of Chula Vista, Eastlake, Bonita, Sunnyside and South San Diego.

2. STATEMENT OF WORK: This bid aims to update District Schools network infrastructure by replacing end-of-life layer 2 and layer 3 switches at four school sites (Cook, Palomar, Lauderbach, Valle Lindo). Additionally, the scope includes upgrading uninterruptible power supply (UPS) units to support and safeguard the new equipment. By installing these network devices, the district will ensure reliable connectivity to support the school operations and classroom technology that complements teaching of district and state curriculums. The addition of UPS equipment will help protect the network hardware from power surges and outages, maintaining network availability and equipment longevity.

The District intends to apply for E-Rate funding through the Universal Service Administrative Company (USAC) to help defray part of the equipment cost. The District may purchase equipment using this bid for additional projects which may not be subsidized by E-rate. The District shall not be obligated to purchase any particular quantity of the items described herein.

All vendors submitting bids must be registered with the Universal Service Administrative Company (USAC) and must provide a Service Provider Identification Number (SPIN), which is distributed by the USAC for the E-Rate Program. It is the vendor’s responsibility to maintain certification with the USAC for the term of the bid and renewals, if mutually agreed.

Since 2001 the District has installed and operated Cisco network equipment. The District has continued to use Cisco equipment for new installations and upgrades. The District’s investment in training, management tools, and maintenance procedures is significant. To effectively operate its network infrastructure, the District is requesting Cisco or fully equal equipment. Please see the Bid Price Sheet for the equipment being requested.

District staff will be responsible for installation and configuration of the network Switches and UPS/EBM equipment.

If bidding Cisco equivalent equipment, the product must be equal in terms of features, functionality, and specifications. It will be the District’s right to determine the equivalence of the equipment, pursuant to the substitution request procedures described in the Information to Bidders. It will be the District’s right to determine if non-Cisco equipment is suitable. Manufacturer product specifications must be included with the Request To Substitute Item form for the District to decide if the Cisco part and the non-Cisco part are equal. Product substitutions must be submitted by the date and time stated in the Schedule for Events for Questions Due.

3. REQUIREMENTS: All submitted bids must provide, at minimum, all requested information contained within the bid package. Any portion not included in the bid may be cause for a finding of non-responsiveness by the District. All information submitted is to be considered public knowledge and will be subject to the California Public Records Act or any other applicable laws.

4. QUESTIONS: Questions regarding this Request for Bids shall be submitted electronically through the

District’s digital platform by November 6, 2026, at 4:00 pm PST. Bidders must register on PlanetBids to be

Bid 26/27-5 Network Hardware Chula Vista Elementary School District able to submit questions. A Request to Substitute Specified Item shall be submitted before or on the date of the Deadline for Bidder Questions. The District’s final responses to such questions, including all Request to Substitute Specified Item forms, shall be issued on November 13, 2026, 12:00 pm PST via addendum and will and can be viewed electronically through the District’s digital platform PlanetBids for the 26/27-5 Network Hardware E-Rate Year 2027/2028. Addendums will also be uploaded to the Form 470. The District is responsible only for that which is expressly stated in this Request for Bids and any authorized written addenda thereto.

It is the vendor’s responsibility to check the District’s digital platflorm to ensure they have received all addenda issued for this project.

Questions received after November 6, 2026, at 4:00 pm PST will NOT be addressed.

5. BID SECURITY. Bid Security or Bid Bonds are not required for this bid.

Remaining page intentionally left blank.

Bid 26/27-5 Network Hardware Chula Vista Elementary School District

Schedule of Events

A. Bid Advertisement October 16, 2026 and October 23, 2026 B. Deadline for Bidder Questions, including Substitution Request November 6, 2026 4:00 p.m. PST C. Deadline for Final Addendum Posted

(Response to Questions) November 13, 2026 12:00 p.m. PST D. Bid Due Date November 18, 2026, 10:00 a.m. PST E. Issue Preliminary Notice of Intent to Award November 23, 2026, 4:00 p.m. PST F. Board Meeting for Contract Award Anticipated December 16, 2026, Subject to Change G. Contract Due from Proposed Awardee December 28, 2026, 10:00 a.m. PST H. Contract Term July 1, 2027 – September 30, 2028

Bid 26/27-5 Network Hardware Chula Vista Elementary School District

Instructions to Bidders

1. Overview of Documents: This Request for Bids is composed of the Notice to Bidders, Introduction, Schedule of Events, Instructions to Bidders, General Conditions, Special Conditions, Specifications, Agreement, Required Forms, and Bid Price Sheet, all of which make up the complete contract. The complete contract documents are intended to cooperate and be complementary. The intention of the documents is to include all labor, materials, equipment, transportation and services necessary for the proper delivery of all items called for in the contract. Any addenda or bulletins related to this Request for Bids and issued by the District shall also be included as part of the contract documents.

2. Securing Documents: Copies of the Contract Documents are now on file and may be obtained on the

Chula Vista Elementary School District website https://www.cvesd.org/bids through PlanetBids and through the link https://vendors.planetbids.com/portal/82400/bo/bo-detail/146969 . Questions regarding this bid should be directed to Malia Hall, Lead Buyer, via the Q&A section for this specific solicitation on PlanetBids. If you encounter any technical issues with the PlanetBids website, please contact PlanetBids at (818) 992-1771 between 7 a.m. and 5 p.m. PST. Bid documents are also attached to the relevant Form 470.

3. Bid Submission: To receive consideration, bids shall be made in accordance with the following instructions:

a. The bid submission is to be submitted electronically through the District’s digital platform. Bidders must register on PlanetBids to be able to submit a bid. It is the sole responsibility of the bidder to ensure that its bid is received before the submission deadline. Such bid shall be received by electronic bid submission via PlanetBids. Bidders shall create a Free account with PlanetBids by signing up through Chula Vista Elementary School District (https://www.cvesd.org/departments/business-services/purchasing-warehouse-publications/bids-rfq). Once you have completed account registration, select Bid Opportunities on the PlanetBids website and select Bid Invitation # 26/27-5 Network Hardware E-Rate Year 2027/2028 then select Place eBid. Your completed Bid along with all required documents must be received before the submission deadline. Submissions will be time-stamped by the PlanetBids system. Late bids or incomplete bids will not be accepted. A link to the Solicitation can also be found at https://vendors.planetbids.com/portal/82400/bo/bo-detail/146969 and in the related Form 470 in the EPC Portal.

b. Bids must include the components listed below. Bids that fail to comply with these instructions may be rejected for non-responsiveness.

1. Transmittal Letter. The transmittal letter must be a maximum of one (1) page, transmitted on the bidder’s letterhead. The transmittal letter must include the bidder’s name, address, e-mail address, telephone and facsimile numbers of the person or persons to be used for contact and who will be authorized to represent the bidder. The transmittal letter must bear the signature of the person authorized to sign on behalf of the bidder and to bind the applicant in a contract. Include the email address to send Purchase Order(s). Include in your Transmittal Letter documentation that your company is an approved Cisco reseller, or approved reseller for any approved equivalent manufacturers.

2. Bid Pricing. Bid prices shall not include California sales or use tax or Federal excise tax. Unit Prices shall be the maximum paid to bidder under the contract. The District

Bid 26/27-5 Network Hardware Chula Vista Elementary School District will not reimburse costs or expenses, such as charges for packing and shipping. All line items should include, at the least, Manufacturer’s Warranty. In the electronic form under Line Items list the following:

a. For Each Line Item: Vendors shall provide:

i. A Unit Price for the product offered as Unit Price E-Rate

Eligible.

ii. A Response of one of the following:

1. Yes (meets specifications as listed)

2. No (No Bid)

3. Alternate

b. In the Comments section, Vendors shall provide the applicable warranty period for each item offered

c. If an Alternate product is proposed, Vendors must also include the following in the Comments section:

i. Manufacturer

ii. Brand Name

iii. Model Number

d. Any Vendor proposing an equivalent or alternate or an “or equal” product, must submit:

i. A completed Request To Substitute Item form for each line item identified as an Alternate. The form and accompanying documents as listed directly below, shall be submitted before or on the Deadline for Bidder Questions, through the online Questions & Answers (Q&A) section in PlanetBids.

ii. A picture of the proposed item.

iii. Product specifications demonstrating that the proposed item meets or exceeds the District's stated requirements.

An equivalent or alternate or an “or equal” product must be pre-approved through the Questions and Answers section, by deadline dates and times, before submitting a bid.

Failure to provide the required documentation may result in the proposed alternate product being deemed non-responsive. Additionally, any alternate product submitted in the line-item response without first receiving an approved Request to Substitute Specified Item will be considered non-responsive.

3. Required Forms. All Required Forms must include executed copies if applicable.

4. Certification. The Bidder Certification Page must be completed and submitted electronically as a Required Form.

c. Bids shall be made upon the form obtained on PlanetBids and properly executed. Bids shall be legibly written in ink or typed before submission. Bids are to be verified, as the bids cannot be corrected after Bid closes. The completed form(s) shall be without interlineation, alterations, or erasures. Alternative proposals will not be considered unless requested in the specifications. No oral or telegraphic modifications will be considered.

d. Before submitting a bid, bidders shall, at their own cost and expense, carefully examine the

Specifications and all other Contract Documents. Bidders shall fully inform themselves as to all existing conditions and limitations and shall insure that unit cost and total cost are reflected in the bid. No allowance will be made because of lack of such examination or knowledge. The failure of a bidder to receive or examine any of the Contract Documents shall not relieve such bidder from any obligation with respect to the bid or the requirements

Bid 26/27-5 Network Hardware Chula Vista Elementary School District set forth in the Contract Documents. The District assumes no responsibility or liability to any bidder for, nor shall the District be bound by any understandings, representations or agreements of the District’s agents, employees or officers concerning the Contract Documents made prior to execution of the Contract. The submission of a bid shall be deemed prima facie evidence of the bidder’s full compliance with the requirements of this section.

e. The District will not accept any bids or bid modifications submitted by facsimile or in-person, or by electronic mail transmission.

4. Questions, Requests for Information/Clarification: Questions regarding this Request for Bids shall be submitted electronically through the District’s digital platform by November 6, 2026, at 4:00 pm PST.

Bidders must register on PlanetBids to be able to submit questions. A Request to Substitute Specified Item shall be submitted before or on the date and time of the Deadline for Bidder Questions. The District’s final responses to such questions, including all Request to Substitute Specified Item forms, shall be issued on November 13, 2026, 12:00 pm PST via addendum and will and can be viewed electronically through the District’s digital platform PlanetBids for the 26/27-5 Network Hardware E-Rate Year 2027/2028 bid. The District is responsible only for that which is expressly stated in this Request for Bids and any authorized written addenda thereto. The District will respond to all questions timely submitted. All questions and the District’s responses will be uploaded to the Form 470 and provided on the District’s digital platform PlanetBids at https://vendors.planetbids.com/portal/82400/bo/bo-detail/146969 . It is the vendor’s responsibility to check the website frequently to ensure all addenda and clarifications regarding this bid have been reviewed and submitted, as required. Questions or Request to Substitute Specified Item forms received after the date and time referenced in the Schedule of Events will not be addressed.

5. Brand Names: The make or brand and grade of the article on which the bid is submitted should be stated in the bid form. When the make or brand and grade of the article is not stated, it will be understood to be the specific article named by the District.

6. Substitution Requests: The use of the name of a manufacturer, or any special brand or make, in describing any item in the Contract Documents does not restrict bidders to that manufacturer or specific article. An equal of the named product may be considered. A Request to Substitute Specified Item must be preapproved by the District IT Department. The Bid Question Deadline, including Request to Substitute Specified Item forms is November 6, 2026, 4:00 p.m. PST and should be submitted electronically through the District’s digital platform PlanetBids for the 26/27-5 Network Hardware E-Rate Year 2027/2028 bid at https://vendors.planetbids.com/portal/82400/bo/bo-detail/146969 .

In order to substitute an item specified in the Bid Price Sheet, the bidder must submit a Request to Substitute Specified Item form. Include the Manufacturer Name, Manufacturer Product Number, Product specifications and any other substantiating data as specified under the Bid Submission section above, in order for the District to determine the substituted item is equal, or better, and compatible with the District’s specifications, by November 6, 2026, 4:00 p.m. PST, via the Q&A section of the District’s digital platform https://vendors.planetbids.com/portal/82400/bo/bo-detail/146969 . The District will consider whether the request for substitution/alternate is valid and provide its final decision on the matter by Novemeber 13, 2026 12:00 p.m. PST.

7. Prices: Pricing is to be submitted through the District’s digital platform PlanetBids at https://vendors.planetbids.com/portal/82400/bo/bo-detail/146969 under the Line Items tab. Detailed Line

Bid 26/27-5 Network Hardware Chula Vista Elementary School District

Item information such as E-Rate Ineligible Pricing must be submitted on the Required Form, Bid Price Sheet, found under the Documents tab in PlanetBids. If corrections need to be made before the bid closing date and time, please contact PlanetBids at (818) 992-1771 between 7 a.m. and 5 p.m. PST., Pricing is to remain firm for the entire term of the contract.

8. Taxes: The District shall not be responsible for any taxes with the exception of sales tax or use taxes where applicable. Applicable taxes shall be listed on the bid price sheet required form. The base bid price for each component shall include all materials, and delivery meeting the scope requirements provided on the item description/Specifications. Bidder may be asked to provide itemized details on its pricing.

9. Bid Negotiations: A proposal to any specific requirement of the Request for Bid with terms such as

“negotiable”, “will negotiate”, or similar, may render the entire bid non-responsive and subject to rejection.

10. Delivery: All bids on items shall be F.O.B. School District Central Warehouse. No charge for shipping, handling, packing, draying, postage, express, or for any other purpose will be allowed over and above the prices bid.

11. Addenda or Bulletins: Any addenda or bulletins issued by the District during the time of bidding or forming a part of any documents shall be made a part of the Contract Documents. Any additions, or corrections will be addressed in the form of addenda which will be uploaded to the Form 470 and posted on the District’s digital platform PlanetBids at https://vendors.planetbids.com/portal/82400/bo/bo-detail/146969 . It is the vendor’s responsibility to check the District’s digital platform for addenda issued for this project. Any bids received that do not include addenda acknowledgement.

12. Withdrawal of Bid: Any bidder may withdraw its bid, on the District’s digital platform PlanetBids at https://vendors.planetbids.com/portal/82400/bo/bo-detail/146969 , at any time prior to the scheduled time for opening of bids.

13. Opening of Bids: There will not be a public opening of bids.

14. Award or Rejection of Bids: The contract will be awarded to the lowest overall cost of all items. The governing board of the District, however, reserves the right to reject any, or all Bids, to accept or reject any one or more items, or to waive any irregularities or informalities in the Bid or in the Bid process. The District reserves the right to make an award of this bid at any time up to ninety (90) days from the date of bid opening.

15. Withdrawal of Bids After Opening: No bidder may withdraw its bid for a period of sixty (60) days after the date set for the bid due.

16. Equal Bids: When bids are equal, they shall be awarded by a drawing of lots, and shall be witnessed by three (3) impartial observers.

17. Agreement: The form of Agreement, which the successful vendor, as “Contractor,” will be required to execute, is included in the contract documents and should be carefully examined by the vendor. The Agreement will be executed in two (2) original counterparts. The complete Contract consists of the following documents (the “Contract Documents”): Notice to Bidders, Introduction, Information to Bidders, General Conditions, Special Conditions, Specifications, Agreement (including all modifications thereof and duly incorporated therein), Bid Proposal Form, References, Non-Collusion Affidavit, Drug-Free Workplace Certification, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Affirmative Action Program, Fingerprint and Criminal Background Check Certification, Designated

Bid 26/27-5 Network Hardware Chula Vista Elementary School District

Subcontractors List, Bid Price Sheet, Addenda (if any), and the Purchase Order, if applicable. All of the above documents are intended to cooperate and be complementary so that any instructions or requirements called for in one and not mentioned in the other, or vice versa, are to be executed the same as if mentioned in all said documents. The intention of the documents is to include all materials, equipment and transportation necessary for the proper delivery of all equipment or services called for in the Contract.

18. Interpretation of Documents: If any vendor submitting a bid for the proposed Contract is in doubt as to the true meaning of any part of the plans, specifications or other Contract Documents, or finds discrepancies in, or omissions from the drawings or other specifications, the vendor may submit a request for an interpretation or correction, via the Q&A section for this specific solicitation on PlanetBids. All questions and inquiries regarding this bid shall be submitted on or before November 6, 2026, 4:00 p.m.

PST.

It is the vendor’s responsibility to verify all information. Any interpretations or corrections of the Contract Documents will be made only by Addendum via the Addenda section for this specific solicitation on PlanetBids. The District will not be responsible for any other explanations or interpretations of the contract documents. Any Addenda issued during the time of bidding, shall be made a part of the contract.

19. Bidders Interested in More Than One Bid: No person, firm, or corporation shall be allowed to make, or file, or be interested in more than one bid for the same work unless alternate bids are specifically called for.

A person, firm, or corporation that has submitted a sub-proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders or making a prime proposal. No person, firm, or corporation shall be allowed to bid who has participated in the preparation of the contract specifications; a bid by such a person, firm or corporation may be determined to be nonresponsive.

20. Damages: The District shall hold the successful bidder liable and responsible for all damages which may be sustained because of his failure to comply with any conditions herein. If the successful bidder fails to furnish or deliver any material, supplies, equipment, or services at the prices quoted, or at the times and places stated, or otherwise fails to comply with the terms of the Contract Documents in their entirety, the District may purchase the items herein specified elsewhere, without notice to the successful bidder. Costs accrued by the District for a purchase resulting from a failure to perform, shall be invoiced to the successful bidder or payment may be deducted from future invoices. Prices paid by the District shall be considered the prevailing market prices at the time such purchase is made. In addition, a charge of $50.00 will be assessed to cover administrative costs for the processing of third-party orders resulting from the successful bidder’s non-performance.

21. Inspection: All items shall be subject to the inspection of the District. Inspection of the items shall not relieve the bidder from any obligation to fulfill this contract. Defective items shall be made good by the bidder, and unsuitable items may be rejected, notwithstanding that such defective work and materials have been previously overlooked by the District and accepted. If any item shall be found defective at any time before final acceptance of the complete delivery, the bidder shall immediately remedy such defect in a manner satisfactory to the District.

22. Independent Price Determination: By submission of a Bid, the vendor certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, that in connection with this bid:

a. The prices in the bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition as to any matter relating to such prices with any other proposer or with any competitor; and

b. Unless otherwise required by law, the prices which have been quoted in the bid have not been

Bid 26/27-5 Network Hardware Chula Vista Elementary School District knowingly disclosed by the vendor prior to award directly or indirectly to any other proposer or to any competitor; and

c. No attempt has been made or will be made by the vendor to induce any other person or firm to submit or not submit a bid for the purpose of restricting competition.

d. Each person signing the bid certifies that he/she:

i) Is the person in the vendor’s organization responsible within that organization for the decision as to the prices being offered in the bid and has not participated (and will not participate) in any action contrary to section a, b, c or d above; or

ii) Is not the person in the vendor’s organization responsible within that organization for the decision as to the prices being offered in the bid but has been authorized, in writing, to act as agent for the persons responsible for such decision in certifying that such persons have not participated (and will not participate) in any action contrary to Section a, b, c or d above.

23. Equal Employment Opportunity: The District is an equal opportunity employer. The vendor, in submitting its bid certifies that it is an equal opportunity employer. In connection with the execution of these Contract Documents, the bidder shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The bidder shall take affirmative actions to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, lay-off, termination; rates of pay or other form of compensation; and selection for training, including apprenticeship. The bidder must sign the Affirmative Action Policy which must be attached and become a part of the bid. In addition, the vendor agrees to require like compliance by any subcontractors employed to perform any work or services on the Contract

24. Hold Harmless: Bidder shall save, defend, indemnify, and hold harmless the District, its officers, agents, employees, and representatives from and against any and all losses, claims, liabilities, and expenses (including attorney‘s fees) of any nature or kind whatsoever, for any injury or death of any person and for loss or damage to any property on account of, in connection with, or in any way arising out of the occupancy, use, service, operations, or performance under the terms of the Contract Documents resulting in whole or in part from the negligent acts or omissions of the bidder, subcontractor, or any employee, agent, or representative of the bidder or subcontractor. Bidder shall further save, defend, indemnify, and hold harmless the Chula Vista Elementary School District, its officers, agents, employees, and representatives from and against any and all losses, claims, liabilities, and expenses of any nature or kind whatsoever on account of the publisher or author, manufacturer or agent of any copyrighted or un-copyrighted composition, secret process, trademark, patented or unpatented invention, article or appliance furnished or used in its bid.

25. General Liability Insurance: The successful bidder shall maintain during the life of this contract a comprehensive liability insurance policy with an insurance carrier possessing no less than an A-7 rating, unless agreed to in writing by the District. The insurance will serve to protect the successful bidder and the District from all claims for personal injury, including accidental death, as well as from all claims of property damage arising from the operations under this contract. The successful bidder will be required to furnish certificates of insurance with endorsement of the policy naming the District as an additionally insured prior to start of contract. The minimum amounts of such insurance shall be as follows:

1. Comprehensive General Liability insurance with limits of no less than $1,000,000 per occurrence and $2,000,000 in the aggregate.

Bid 26/27-5 Network Hardware Chula Vista Elementary School District

2. Automobile liability insurance for any vehicle that enters District property. Limits of automotive liability shall be no less than $1,000,000 per occurrence.

The insurance required of the successful bidder shall be written for not less than any limits of liability specified in the Contract Documents, or required by law, whichever is greater. In the event of any loss or damage covered by a policy of insurance required to be obtained and maintained by the successful bidder hereunder, the successful bidder shall be solely and exclusively responsible for the payment of the deductible, if any, under such policy of insurance, without adjustment to the contract price.

An endorsement must be issued by the successful bidder’s insurance carrier amending the bidder’s policy and naming the Chula Vista Elementary School District as an additionally insured party. The endorsement must be on ISO Form CG 20 1185 or equivalent.

26. Execution of Agreement: The form of Agreement, which the successful bidder, as Contractor, will be required to execute, is included in the Contract Documents and should be carefully examined by the bidder.

All bidders must sign the Agreement included in this invitation for bids and must return it to the District, together with the Bid Proposal Form, the Bid Price Sheet and any other documents requiring a signature and or submission. All of the above-referenced documents are intended to cooperate and be complementary so that any instructions or requirements called for in one and not mentioned in the other, or vice versa, are to be executed the same as if mentioned in all said documents. It is the intention of the District that all bids submitted to the District include all equipment necessary for the proper delivery of all items or services called for in the Contract Documents. The original term of this Agreement will be for one year.

27. Contract Renewals: If mutually agreed upon by the parties, the District reserves the right to renew the contract for two additional one-year terms. This renewal is contingent upon competitive pricing and upon all terms and conditions of the original Contract Documents having been met to the satisfaction of the District. Such renewal will be made by notifying the vendor, in writing, prior to the expiration of the contract.

28. Assignment of Contract: The successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of the items appearing on this bid form which may be awarded, or any rights accruing thereunder, title or interest therein, funds to be received hereunder, or any power to execute the same without the consent in writing of District’s governing board. Notice is hereby given that the District will not honor any assignment made by the successful bidder unless consent in writing, as indicated above, has been given.

29. Conflicts Check: The District reserves the right, before any contract award is made, to require any firm to whom it may make a contract award, to do a conflicts check and disclose all actual and potential conflicts to the District. In the event a conflicts check is required, the District will provide a list of major vendors doing a significant amount of business with the District. The potential contractor must disclaim in writing any conflict of interest. Furthermore, the District reserves its rights to reject the selected firm if its conflicts check reveals actual conflicts and go to the next preferred firm.

30. Contact with Governing Board: Agents of any company, or any related associates, are prohibited from making any direct or indirect contact with any board member during the bid process on any project on which the agent intends to or has submitted a bid. Any agent, or associate, violating this policy shall be deemed disqualified from this contract opportunity. Should such contact come to light after the contract is awarded and the entity was deemed the successful vendor, the Board reserves the right to cancel any contract awarded.

Bid 26/27-5 Network Hardware Chula Vista Elementary School District

31. Tobacco-Free District: The District has been designated as a tobacco-free district. Tobacco use (smoked or smokeless) is prohibited at all times, on all District property and in District vehicles.

32. Filing Bid Protests: Following the opening of the bids, the District will issue a notice of intent to award the contract. The notice will identify the vendor to whom the District intends to award the contract and the date, time and place of the District’s governing board meeting during which the award of the contract will be considered. Any vendor submitting a bid may file a protest with the Assistant Superintendent for Business Services and Support in accordance with the procedures set forth in this section. The District will not consider any verbal protests (e.g., by telephone). In order for a protest to be valid and considered by the District, the protest must: (a) be filed not later than 4:00 p.m. on the fifth business day following the opening of bids; (b) clearly identify the bidder on whose behalf the protest is being filed, together with the name, address and telephone number of the person representing the bidder for purposes of the protest; (c) clearly identify the specific bidding process, bid or award of the contract being protested; (d) clearly identify and describe in detail the specific basis or bases for the protest and all facts relevant thereto and in support thereof; (e) clearly identify all references to the specific portions of all documents relevant to the protest;

(f) clearly identify and describe in detail all arguments in support of the protest, including, without limitation, any citations to all legal authorities; and (g) be submitted with all documentation that is relevant to and supports the basis or bases underlying the protest.

If a protest filed by a bidder does not comply with each and every one of the foregoing requirements, the District may reject the protest as invalid. If a bidder files a valid protest, the District shall review the protest and all relevant information and documents and will provide written decision to the protesting bidder. In response to a protest, the Governing Board may decline to award a contract, may award a contract to a bidder other than as previously intended, or may award a contract to a bidder as previously intended despite the protest. Such action by the Governing Board shall be a condition precedent to the filing of any claim or demand and to the initiation of any action (legal or equitable) or other proceeding arising from the matter(s) protested.

COMPLIANCE WITH THE FOREGOING REQUIREMENTS IS MANDATORY. Each bidder that desires to protest must file a protest in accordance with the foregoing requirements, and no bidder may rely on a protest by another bidder as a means of satisfying such requirements. Compliance with the foregoing requirements is the sole and exclusive means of protesting the bidding process, any bid, and/or the intended award of a contract for the project, and failure to so comply shall be deemed and construed as a waiver of any and all rights the bidder may have to pursue a claim, demand or action based on the bidding, any bids, and/or any contract awarded for the project.

33. IRS Requirements: The District shall view the legal position of the bidder as an “independent contractor” and that all persons employed to furnish equipment are employees of the bidder and not of the District.

a) The District shall not be liable for any of the contractor’s acts or omissions performed under the contract to which the bidder is party.

b) The bidder will complete IRS form W-9 providing tax payer identification number and also indicate whether bidder is a corporation, sole-proprietor, partnership, individual, etc. This form must be on file with the District within sixty (60) days from the date of the contract start date.

34. Federal Funding Terms

Compliance with Federal Law, Regulations and Executive Orders. This is an

Bid 26/27-5 Network Hardware Chula Vista Elementary School District acknowledgement that federal funds may be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, policies, procedures, and directives.

No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract.

Access to Records. The following access to records requirements apply to this contract:

(1) Contractor agrees to provide the District, the federal fund Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

(2) Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

(3) Contractor agrees to provide the federal fund Administrator or its authorized representatives access to construction or other work sites pertaining to the work being completed under the Contract.

(4) In compliance with the Disaster Recovery Act of 2018, the District and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the federal fund Administrator or the Comptroller General of the United States.

DHS Seal, Logo, and Flags. Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval.

Contract Changes or Modifications: No changes to this contract / order will be allowed unless authorized in writing by the District's Purchasing Department.

Suspension and Debarment

(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

(3) This certification is a material representation of fact relied upon by Chula Vista Elementary School District. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available Chula Vista Elementary School District, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

(4) The Contractor agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.

3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

Procurement of Recovered Materials

Bid 26/27-5 Network Hardware Chula Vista Elementary School District

i. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:

1. Competitively within a timeframe providing for compliance with the contract performance schedule;

2. Meeting contract performance requirements; or

3. At a reasonable price.

ii. Information about this requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.

iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act."

Domestic Preferences for Procurements (2CFR§200.322)

(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

Termination Clauses: See General Conditions sections 8, 9 and 10, for Termination of Cause, Termination for Convenience and Termination for Default Clauses.

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Bid 26/27-5 Network Hardware Chula Vista Elementary School District

General Conditions

1. Responsibility for Supplies and Materials: The Contractor shall be responsible for all items or services to be provided until they are delivered at the designated delivery point, regardless of the point of inspection.

After delivery to the District at the designated point, and prior to acceptance by the District or rejection and giving notice thereof by the District, the District shall be responsible for the loss or destruction of or damage to the supplies only if such loss, destruction, or damage results from the negligence of officers, agents, or employees of the District acting within the scope of their employment. The Contractor shall bear all risks as to rejected supplies after notice of rejection, except that the District shall be responsible for the loss, or destruction of, or damage to the supplies only if such loss, destruction or damage results from the gross negligence of officers, agents, or employees of the District acting within the scope of their employment.

2. Safety Requirements: The District reserves the right to reject any materials, supplies, equipment and installation that, in the opinion of the District, is unsafe for its intended use or fails to meet established safety standards. The opinion of the District representatives shall be final. All items furnished to the District shall be free of unsafe areas due to design or workmanship. Any equipment or installation rejected as unsafe shall either be corrected by or returned to the Contractor at no expense to the District.

3. Specification Variance: All materials, supplies, services and equipment furnished must be in conformity with the specifications and is subject to inspection and approval of the IT and Purchasing Departments. The District reserves the right to reject, at the risk and expense of the Contractor, any portion of any bid which may be defective or fail to comply with specifications. Any such rejection shall not invalidate the remainder of the award.

The District reserves the right to waive minor variations in specifications and evaluate bid offerings and make awards considering the equipment being offered and its ability to perform the task for which it is being procured. Bids varying from District specifications in any major detail are not solicited and may be disqualified. The District’s decision shall be final.

4. Excuse for Nonperformance – Force Majeure Clause: The Contractor shall be excused from performance hereunder during the time and to the extent that is prevented from obtaining, delivering or performing in the customary manner by act…