Bid Document

1701 MOUNTAIN INDUSTRIAL BOULEVARD, STONE MOUNTAIN, GA 30083

https://dekalbschoolsga.ionwave.net/Login.aspx

INVITATION TO BID

BID NO. 22-527 DATE: December 16, 2021

FOR: Personal Protective Equipment (PPE) Supplies

ALL PRICES TO BE F.O.B. DESTINATION WITH FREIGHT PREPAID TO:

OPERATIONS – Sam A. Moss Service Center 1780 Montreal Rd, Tucker, GA 30084

BID RESPONSES MUST BE RECEIVED IN THE PURCHASING DEPARTMENT:

- SUBMISSION DEADLINE TIME 2:00 PM, Tuesday, January 18, 2022

- VIRTUAL PUBLIC BID OPENING 3:00 PM, Tuesday, January 18, 2022

BIDS TO BE OPENED VIRTUALLY: Beginning 3:00 PM, Tuesday, January 18, 2022 DeKalb County School District - Purchasing Department 1701 Mountain Industrial Boulevard Stone Mountain, GA 30083-1027

BIDS RECEIVED AFTER THE DEADLINE SHALL BE CONSIDERED NON-RESPONSIVE AND REJECTED

DeKalb County School District Bid Contact Person:

Phyllis Jones (678) 676- 0285 or email at solicitationquestions@dekalbschoolsga.org

THE PERSON SIGNING THIS BID MUST BE LEGALLY AUTHORIZED TO BIND THE COMPANY.

COMPANY NAME ______________________________________________ _________________________________________________________

PRINT CERTIFYING COMPANY OFFICIAL’S NAME

ADDRESS ____________________________________________________

_____________________________________________________________ CERTIFYING COMPANY OFFICIAL’S SIGNATURE

TITLE OF CERTIFYING COMPANY OFFICIAL

AREA CODE, TELEPHONE NO., AND EXTENSION _____ _____ - _____ _____ ____ ____ ____ ____ ____

COMPANY FEDERAL I.D. NUMBER

COMPANY FAX NUMBER DATE ____________________________________________________

COMPANY OFFICIAL’S E-MAIL ADDRESS__________________________ COMPANY WEB PAGE URL________________________________

BID NO. 22-527 PERSONAL PROTECTIVE EQIPMENT (PPE) SUPPLIES PAGE 2

COMPANY NAME/ CERTIFYING OFFICIAL SIGNATURE

DeKalb County School District (“DCSD”) extends this offer to submit a bid for the possible purchase or lease of goods and/or services conforming to the following designated specifications, terms, and conditions. This solicitation will require DCSD Board of Education approval.

Bidders are required to submit one (1) original, one (1) duplicate copy and one (1) pdf (flash drive) of the proposal. One (1) duplicate copy and one (1) pdf (CD or flash drive) are required to be submitted with the original in a sealed package. It is recommended that the copy and the pdf be made after the original is complete and fully executed (signed and initialed) by the bidder’s authorized representative.

Bidders must label each bid document set as "ORIGINAL” or "DUPLICATE" at the top of the first page. Bidder must label the pdf (CD or flash drive) with the bid number and company name.

Sealed Bid Response Submission Format and Procedures Sealed bid responses must be complete, clear, accurate, conforming fully to and in compliance with the specifications and detailed instructions stated in this document, signed by the certifying company official, and presented to the DCSD Purchasing Department according to the detailed instructions stated in this document.

SEE REQUIRED SUBMITTALS/DOCUMENT CHECKLIST – PAGE 29.

Bid responses must be sealed and clearly labeled and addressed as shown below. See the Sealed Bid Identification Label posted to the website for printable labels.

SEALED BID IDENTIFICATION LABEL: SEALED BID ‘ADDRESS TO’ LABEL:

This information must appear in the lower LEFT This information must appear in the mailing corner of your sealed bid container (whether address area of your sealed bid container (whether envelope, box, express carrier package, etc.) envelope, box, express carrier package, etc.)

Boxes, express carrier packages and any other containers which enclose sealed bid responses must ALSO be clearly labeled as shown above and presented to the DCSD Purchasing Department as stated herein. See the Sealed Bid Identification Label posted to the website for printable labels.

Sealed bid responses ONLY are to be delivered to the Purchasing Department of DCSD. DO NOT PLACE BID RESPONSES WITH SAMPLES. DO NOT SEND SAMPLES TO THE DCSD PURCHASING DEPARTMENT. When samples are required, they are to be delivered directly to the user department according to the detailed instructions outlined in this document under the heading “Samples.”

Sealed bids MUST be received by the Purchasing Department of the DCSD by the DEADLINE TIME stated on the cover of this solicitation. Bidders submitting bids in person must have their sealed bids date and time stamped upon

(SEALED BID RESPONSE)

Carla L. Smith

DeKalb County School District

Purchasing Department

1701 Mountain Industrial Blvd

Stone Mountain, GA 30083-1027

Bid Number: 22-527

Bid Name: Personal Protective Equipment

Due Date: Tuesday, January 18, 2022 @ 2PM EST

Company Name: _________________________

Company Mailing Address:

Contact Person Name: __________________

Contact Telephone No:(___)____________

BID NO. 22-527 PERSONAL PROTECTIVE EQIPMENT (PPE) SUPPLIES PAGE 3

delivery to the Purchasing Department of the DCSD by a Purchasing Department representative. Sealed bids must be placed in the care of a Purchasing Department representative.

Failure to follow these sealed bid label and submission requirements may cause bids to be declared non-responsive and rejected.

Time is of the Essence Award criteria includes the most accommodating delivery dates as determined by DCSD. Specify your earliest __________ and latest __________ delivery or service commencement delivery dates after receipt of the purchase order.

Hand Delivery Submission of Bid Prior to the submission deadline of Tuesday, January 18, 2022 at 2:00PM EST, an appointment must be scheduled with the Purchasing Department by submitting an email request to solicitationquestions@dekalbschoolsga.org.

Please enter “Bid Submission Appointment – Personal Protective Equipment (PPE) Supplies” in the subject line of your email. All appointments must be scheduled on a Monday, Tuesday, Thursday or Friday between 9:00AM- 12:00PM Noon, before the January 18, 2022 proposal deadline. A confirmation of the appointment will be sent via email.

Virtual Bid Opening The bid opening will be held virtually through Microsoft Teams on Tuesday, January 18, 2022 at 3:00PM EST.

Those who would like to attend the acknowledgement, please register no later than Monday, January 17, 2022 by 4:00PM EST, by sending an email to solicitationquestions@dekalbschoolsga.org. Please enter “Bid Opening – Personal Protective Equipment (PPE) Supplies” in the subject line of your email. An invitation will be sent to those participants no later than Tuesday, January 18, 2022 by 10:00AM EST.

Bid Prices I hereby certify that the cost(s) included in this bid are accurate and binding for ninety (90) days from the Invitation to Bid opening date. If an award is not made within ninety (90) days, it shall be incumbent upon the bidder to notify DCSD in writing if it does not want its bid submittal considered further. Failure to notify the DCSD shall mean that the bid submitted remains valid until award, even if beyond ninety (90) days.

I further certify that the proposed cost(s) are accurate and reflect any applicable discounts and that the company which I represent shall deliver the goods and/or services for this amount. I also agree that no extra cost or payments to any entity, including bidder, will be allowed for any miscalculation, deficiency or difference later discovered.

Bidder must sign below acknowledging the above statement.

Signature of Engaging Official: ______________________________________________ Date: _____________ (Company Name / Certifying Official Signature)

Price Provision This is a term contract from March 1, 2022 through February 28, 2023 with a price escalation/de-escalation provision at renewal/extension time. Bid prices will be firm from March 1, 2022 through February 28, 2023.

Actual price(s) bid must be based on current manufacturer's price to the bidder plus bidder mark-up and consistent with market indices. Price changes (up or down) by the bidder to the DCSD will be allowed only at the bid renewal/extension anniversary and shall be based on the percentage change of the manufacturer's cost to the bidder. Only one (1) price change will be allowed during any 12-month period and at the renewal/extension anniversary, commencing with February 28, 2023 (the extension/renewal date) on any individual product or service included in this bid.

BID NO. 22-527 PERSONAL PROTECTIVE EQIPMENT (PPE) SUPPLIES PAGE 4

The bidder must supply the Purchasing Department of the DCSD with written proof from the manufacturer when and if price changes occur. The written notification from the manufacturer (for DCSD) shall specify actual dollar changes or shall specify the price changes as a percentage.

The bidder shall provide the Purchasing Department of the DCSD a minimum of thirty (30) day notice before price changes take effect.

DCSD is not obligated to accept price escalations/de-escalations and reserves the right to negotiate with the next lowest bidder.

Renewal/Extension Options DCSD reserves the right to extend this bid contract prior to the bid contract end date of February 28, 2023 for up to three (3) years through February 28, 2026 with the consent and written confirmation of the successful bidder.

Quantities The quantities shown in these bid documents are estimates, which are provided for your information. However, actual quantities purchased may vary. The successful bidder will be required to supply all items ordered throughout the contract period.

Brand Name or Catalog Number Any manufacturer name, trade name, brand name or catalogue number used in these specifications are for the purpose of describing and establishing general performance and quality levels. Such references are not intended to be restrictive or to eliminate competing articles of equal quality. Bidders are at liberty to quote on substitutions so long as the quality or performance of the proposed product meets or exceeds the quality of the specifications listed for any item.

INSIDE DELIVERY REQUIRED.

Compliance with Specifications Bidder must indicate below whether or not this bid is in complete compliance with the stated specifications. If there are any deviations from the specifications, the bidder must indicate in writing what the deviations are and must submit with the bid a complete descriptive literature on the actual items bid. Attach and label additional sheets if necessary.

___ Bid is in complete compliance with bid specifications.

___ Bid deviates from stated specifications as follows:

Proposed Alternatives/Comparables/Equivalents If bidding an alternate/comparable/equivalent, specify below the product being bid, and attach fully descriptive literature. FAILURE TO PROVIDE THIS INFORMATION WITH THE BID RESPONSE WILL CAUSE THIS BID TO BE NON-RESPONSIVE AND REJECTED. DCSD reserves the right to have an onsite viewing and demonstration of any alternates. DCSD will determine whether an alternate is acceptable, and the decision of DCSD will be final.

BID NO. 22-527 PERSONAL PROTECTIVE EQIPMENT (PPE) SUPPLIES PAGE 5

References Bidder shall provide a minimum of two (2) client references, which are comparable to DCSD, and for whom the bidder has fulfilled a project of similar scope and complexity as this Invitation to Bid, Bidder shall include the following information with the client references: company name, contact person, company address, telephone number, and email address. Submit references using the form provided on page 28.

Brochures, Catalogs, Manuals, Websites, Literature In addition to the formal response to this bid, all bidders are encouraged to submit brochures, catalogs, manuals, website materials, industry literature, DVDs and any other marketing and informational media which will support and enhance their submission value.

Added Value Bidders are encouraged to describe in detail all added value or additional services or benefits available and offered at no cost to DCSD in their bid responses. Attach and label as “ADDED VALUE.”

Illegal Immigration Reform and Enforcement Act of 2011 The Illegal Immigration Reform and Enforcement Act of 2011 applies to and is a requirement for all DeKalb County School District solicitations for physical performance of services (i.e. public works contracts). The Illegal Immigration Reform and Enforcement Act of 2011 does not apply to solicitations for items, commodities and products.

Bidders must complete and/or have their subcontractors complete the following forms:

1) Immigration and Security Certification

2) Bidder E-Verify Affidavit

3) Contractor Affidavit (Contractor Only)

4) Subcontractor Affidavit (Subcontractor Only)

5) Sub-Subcontractor Affidavit (Sub-Subcontractor Only)

The Immigration and Security Certification, the Bidder E-Verify Affidavit, the Contractor Affidavit, the Subcontractor Affidavit and the Sub-Subcontractor Affidavit are found on pages 22-27 of this solicitation document. The Immigration and Security Certification, the Bidder E-Verify Affidavit, the Contractor Affidavit, Subcontractor Affidavit and the Sub- Subcontractor Affidavit must be completed, notarized and submitted with your bid response.

I acknowledge the Illegal Immigration Reform and Enforcement Act of 2011 requirements for service providers and confirm by my signature below that the Immigration and Security Certification, the Contractor Affidavit, the Subcontractor Affidavit and the Sub-Subcontractor Affidavit are each completed, notarized and made a part of this solicitation response package. I also acknowledge that all items or services furnished to DCSD must comply with applicable federal and state immigration laws, and regulation.

______Please check here if the Illegal Immigration and Reform Act of 2011 does not apply to your solicitation, because it is one for items, commodities, or products. If this does not apply to any portion of the solicitation, then the bidder is not required to complete the Contractor Affidavit, the Subcontractor Affidavit and the Sub-Subcontractor Affidavit found on pages 25-27. Please be advised that pages 22-24 must still be completed.

Signature of Engaging Official: ________________________________________ Date: _____________ (Company Name / Certifying Official Signature)

Financial Statements/Stability Bidder shall provide a copy of their company’s annual financial statements for the previous two (2) years – 2019 and 2020. Bidder shall provide a copy of their company’s annual report for the previous two (2) years – 2019 and 2020, if it exists.

BID NO. 22-527 PERSONAL PROTECTIVE EQIPMENT (PPE) SUPPLIES PAGE 6

Business License Bidders shall submit with their submission, a copy of their valid company business license. If the bidder is a Georgia corporation, bidder shall submit a valid county or city business license. If the bidder is not a Georgia corporation, bidder shall submit a certificate of authority to transact business in the state of Georgia and a copy of their valid business license issued by their home jurisdiction. If bidder holds a professional certification which is licensed by the state of Georgia, bidder shall submit a copy of their valid professional license. Any license submitted in response to this requirement shall be maintained by the bidder for the duration of the contract.

Samples Product samples may be required for this bid and must be furnished free of expense to DeKalb County School District. Do not place sealed bids in sample packages. Sealed bids ONLY are to be sent to the Purchasing Department. Refer to the instructions found on pages 16-17 in this solicitation document. Product samples must be clearly marked by using the bid identification label posted to the website.

Questions and Inquiries It is intended that this bid be adequate for any bidder to respond to the DCSD’s requirements. However, should bidders have questions; all questions shall be submitted electronically via email to Phyllis D. Jones at solicitationquestions@dekalbschoolsga.org. Questions submitted to any other mail box, voice mail or e-mail address will not be considered for response. The deadline for receipt of bidder questions is Tuesday, January 4, 2022, at 12:00 PM. Questions received after the deadline time will not be considered. Questions received by the deadline time will be answered in writing and posted to the following website no later than Friday, January 7, 2022 at 4:30 PM.

Bid Contact The assigned contact person for this bid is Phyllis D. Jones, Buyer for the Purchasing Department. Phyllis D. Jones can be reached at (678) 676-0285 or by email at solicitationquestions@dekalbschoolsga.org.

Except with the consent of the bid contact person, all bidders, including any persons affiliated with or in any way related to bidders, are strictly prohibited from contacting DCSD employees or consultants for DCSD on any matter having to do in any aspect with this bid, other than as provided herein. Any and all contacts with such persons associated with DCSD shall be in writing, in appropriate circumstances or cases, as directed by the contact person above. Except as expressly provided in, or permitted by, the bid documents, from the date of issuance of the Invitation to Bid until final DeKalb County Board of Education approval of contract award, the bidder submitting a bid shall not initiate any communication or discussion concerning this procurement with any employee, agent, representative, or member of the DeKalb County Board of Education. Any violation of this restriction may result in the rejection of the bid response.

Board Member Communication with Prospective Vendors Vendors shall not contact Board members individually for the purpose of soliciting a purchase or contract between the time a bid is formally released and a recommendation is made by the administration to the Board. If a vendor violates this prohibition during this timeframe, consideration for the vendor for award shall be invalidated. Board members shall be notified of possible violations and actions taken.

Merchantability and Quality Bidder warrants that the goods will be of merchantable quality, free from defects in materials and workmanship, and will conform to the descriptions and specifications contained in this document and in bidder’s catalogs, product brochures and other representations, depictions or models of the goods.

Specify your warranty/guarantee beyond that stated above in definite terms. Add additional literature/sheets if necessary. Provide a clear description of warranty/guaranty service offered, duration of service, and all stipulations

BID NO. 22-527 PERSONAL PROTECTIVE EQIPMENT (PPE) SUPPLIES PAGE 7

(i.e. service provided on-site, call tag return required, vendor on-site pick-up, parts and labor included, parts only, number of years from purchase date warranty is valid, etc.):

F.O.B. Destination All prices are to be F.O.B. Destination with freight prepaid by the bidder. Bid prices must include all charges for delivery and unloading as directed by the building authorities.

Conformity with Laws and Regulations All items or services furnished must comply with applicable federal, state, and local laws, codes, and regulations.

Exclusion of Trade Usages This document contains all the terms, conditions and obligations to which DCSD and the successful bidder have agreed, and shall not be modified, controlled, explained, supplemented or affected in any way by any usage of trade not expressly included in this agreement.

Conformity with UCC Unless the context requires otherwise, all terms used in this document and which are defined in the Uniform Commercial Code (“UCC”) as adopted by the State of Georgia shall have the same definition set forth in the UCC on the date of this agreement.

Approval by the DeKalb County Board of Education Official approval by the DeKalb County Board of Education is required for this procurement. No contract shall be construed to be formed without the advance official approval of the DeKalb County Board of Education.

Cancellation Awards, contracts, and extensions may be cancelled for convenience by the DeKalb County School District (DCSD) at any time. Any Cancellation by Owner will be effective three (3) business days after receipt of the written notice from the Owner to the Service Contractor. In the event of termination of this contract by DCSD, the DCSD will be responsible only for those items and or services that have been delivered and accepted according to the bid requirements.

Conditional Bids Bids that are conditional (e.g., "Prices Subject To Change," “Prices F.O.B. Shipping Point," etc.) will not be considered. Bids which in any way qualify or vary the terms of these instructions, conditions, and specifications shall be considered non-responsive and rejected.

No Obligation/No Order(s) Guaranteed/Cost to Bid The contract will be awarded to the lowest responsive and responsible bidder meeting the specifications within this Invitation to Bid if the appropriate funds are available and the contract is approved by the DeKalb County Board of Education. The acquisition of any program, product, or element by bidders to satisfy any requirements of this Invitation to Bid is the sole responsibility of bidders. There is no guarantee that any bidder will receive an order as a result of a bid or request for quotation. Any/all costs incurred, including sample submission (if required) by the bidder in preparation and submission of this bid, including catalog mailing, are the sole responsibility of the bidder. Expenses incurred by the bidder will not be reimbursed by DCSD or become a reason for placing an order with the bidder.

BID NO. 22-527 PERSONAL PROTECTIVE EQIPMENT (PPE) SUPPLIES PAGE 8

Bidder Internal Coordination DCSD will look to the bidder as having “one corporate face” and will expect the bidder to coordinate, bid and deliver those products and services best able to meet the identified needs of DCSD without DCSD’s involvement in subcontractor arrangements. The terms and provisions in this bid and any subsequent contract shall bind the bidder.

Nothing contained herein shall create any contractual relationship between any subcontractor and DCSD. The primary bidder will be responsible for the supervision and conduct of any subcontractors assigned to this project.

Purchase order(s) will be issued to the successful bidder only.

Funding Provisions No purchase will be made if funding is not approved by the DeKalb County Board of Education.

Fiscal Year Funding Implications The fiscal year for DCSD begins July 1 and ends June 30. This solicitation and any resulting contract(s) may contain renewal and extension options. This solicitation, any resulting contract(s), and renewal and extension options are subject to approval and funding by the DeKalb County Board of Education. This solicitation, any resulting contract(s), and renewal and extension options shall terminate absolutely without further obligation on the part of DCSD at the end of the fiscal year following the date of the solicitation and at each June 30 renewal anniversary date thereafter unless the successful bidder is notified otherwise and agrees in writing to the exercise of renewal and extension options.

Taxes Purchases made by DCSD are not subject to federal, state, or local sales tax. A Sales Tax Exemption Certificate will be furnished upon request.

News Release Any news release or publicity pertaining to any phase of this project must be cleared through the DCSD Executive Director of Communications.

Non-Discrimination DCSD does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, genetic information, national origin, age or disability in any of its employment practices, education programs, services, or activities.

DCSD supports an open, fair, and impartial free-market DCSD which maximizes competition and seeks to include all responsible businesses and to provide ample opportunities for business growth and development. Minority businesses are encouraged and given the opportunity to bid on various projects; however, all responses will be evaluated on the same criteria. It is not the intention or desire of DCSD to restrict or impede competition, nor to increase the cost of the work.

Drug-free Workplace By submission of a response to this bid, the bidder certifies that he/she and his/her employees shall not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of controlled substances or drugs on DCSD property during the performance of the contract.

Smoke-free Workplace By submission of a response to this bid, the bidder certifies that he/she and his/her employees shall not use tobacco products on DCSD property at any time during the performance of this contract.

Rights Reserved Award will be made to the lowest responsive and responsible bidder meeting the specifications within appropriated funds available. DCSD reserves the right to accept or reject any and/or all parts of any bid response(s) submitted, to accept the entire bid from a single bidder, to accept portions of bids from multiple bidders, and/or to reject all bids submitted. This right is reserved to award items on this bid by any logical group combination or by individual item, BID NO. 22-527 PERSONAL PROTECTIVE EQIPMENT (PPE) SUPPLIES PAGE 9 whichever is in the best interest of DCSD. DCSD reserves the right to waive any technicalities or minor irregularities in responses received. The decision of DCSD shall be final.

Addenda It is the responsibility of bidders to frequently check for any addenda posted on the DCSD website - Purchasing Bulletin Board at the web address below. All posted addenda must be printed, signed by the Certifying Company Official, and included with the bidder’s bid submission. Failure on the part of bidder's to make themselves aware of, and to comply with, all addenda requirements will not relieve them of this obligation. Click on the following link to the Purchasing Bulletin Board.

https://dekalbschoolsga.ionwave.net/Login.aspx

Suspension and Debarment By submitting this bid, the bidder certifies that the bidding company and/or its principals have not been suspended, excluded, disqualified, debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction by any federal or state department or agency and that the bidder complies with all applicable orders, rules and regulations related thereto.

Further, by submitting this bid, the bidder certifies that all lower tier participating individuals and/or company(ies) and all respective principals of lower tier participants have not been suspended, excluded, disqualified, debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction by any federal or state department or agency and that the bidder complies with all applicable orders, rules and regulations related thereto.

The certification placed herein is a material representation of fact upon which reliance will be placed as bid submissions are evaluated and any transaction is entered into. If it is later determined that the prospective bidder has knowingly rendered an erroneous certification, DCSD may pursue all available remedies including, but not limited to, suspension and/or debarment.

The bidder shall provide immediate written notice to the Purchasing Department of DCSD if at any time the prospective bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

The bidder agrees by submitting this form that, should the proposed transaction be entered into, the prospective bidder shall not knowingly enter into any lower tier transaction with a person or entity that is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this transaction.

By signing and submitting this form, the bidder is providing the certification set out above.

Further, the Purchasing Department of DCSD will check the SAMS website at https://www.sam.gov/SAM/ to determine if the bidder is listed.

Bidder Performance The successful bidder is required to perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of this Invitation to Bid. Specifications contained herein and in the successful response will become contractual obligations, if an award ensues. Failure of the bidder to fully perform these obligations may result in cancellation of the award and contract.

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Bidder Failure In the event that a product, property, or service to be furnished by the successful bidder should for any reason fail to conform to the specifications contained herein, DCSD reserves the right to reject the product, property, or service and may terminate the contract for default.

Failure of the successful bidder to perform on delivery of goods or services as specified may also result in the removal of that bidder from doing business with DCSD for a period of not less than one (1) year.

Georgia Open Records Act All bids proposals submitted in response to DCSD solicitations may be subject to the Georgia Open Records Act which permits any citizen of this state to inspect and/or copy any documents prepared and maintained or received in the course of the operation of a public office or agency.

Non-Collusion Bidders shall fully certify that they, as an individual or as an engaging official of a formal business entity, have not entered into any agreement, participated in collusion, or otherwise taken any action in restraint of free and competitive responses to this bid. Further, bidders guarantee that their response are not made in conjunction with or on behalf of another party and that they have not been directly or indirectly induced in any manner or taken any action to result in a restriction of trade or in an unfair advantage.

Signature of Company Representative: _______________________________________ Date: _____________ (Company Name/Certifying Official Signature)

Conflict of Interest Bidder shall use its best efforts to disclose with their proposal the name of any officer, director, or agent who also is a DCSD employee, agent, representative, contractor, immediate family member (spouse, child, sibling, or parent or the spouse of a child, sibling or parent) or DeKalb County Board of Education member. Bidders shall also disclose the name of any DCSD employee, agent, representative, contractor, immediate family member or board member who owns, directly or indirectly, an interest in five percent or more in the Bidder’s company or any of its branches.

In the event the Bidder was aware of a conflict of interest prior to the award of the contract and did not disclose the conflict DCSD may, at its discretion, terminate the contract for default. The Bidder further agrees that, if after award, a conflict of interest is discovered, an immediate and full disclosure in writing must be made to the DCSD Purchasing Department which must include a description of the action which the Bidder has taken or proposes to take to avoid or mitigate such conflicts. If a conflict of interest is determined to exist, DCSD may, at its discretion, cancel the contract. Bidders shall certify that their response to this Bid is impartial, at arms-length, and free of any conflict of interest at this time, unfair advantage, or personal benefit to any DCSD official.

Bidder must sign below acknowledging the above statement.

Signature of Company Representative: _______________________________________ Date: _____________ (Company Name/Certifying Official Signature)

Applicable Laws This bid is subject to the laws of the State of Georgia. Bidder shall comply with all federal, state and local laws and applicable regulations and shall be in possession of all licenses and permits necessary for the delivery of products or services described herein.

Permits and Applicable Laws Bidders shall at their own expense obtain all required local, state, and federal laws, permits, certifications, and licenses and shall comply with the most stringent provisions of local, state, and federal laws, ordinances, rules, and

BID NO. 22-527 PERSONAL PROTECTIVE EQIPMENT (PPE) SUPPLIES PAGE 11

regulations necessary to the full execution of the requirements stated herein. Bidders shall maintain all such permits, licenses, certifications, and compliances in a current status throughout the course of the contract. Bidders shall submit copies of permits, licenses, and certifications evidencing proof of the aforementioned immediately upon request of DCSD. Bidders shall be in compliance with registration with the Georgia Secretary of State’s office as applicable.

Entirety of Agreement/Additional Terms In the event an award is made to a bidder, this bid document represents the entire agreement between DCSD and the successful bidder. DCSD shall not be bound to additional terms and conditions and/or extraneous language added to this document by bidders/proponents.

Payment Options Payment will be made by electronic transactions or paper check. Electronic payments in the form of ACH (Paymode) or issued loadable credit cards (e-Payables) are the DCSD preferred methods of payment. Bidders will be issued paper checks only under special circumstances.

Assignment of Award Solicitation awards may not be assigned to another party without the expressed written permission of DCSD.

Ownership Rights DCSD shall retain ownership rights to the contents of all documents, supporting literature and data submitted by bidders in relation to this bid.

Infringement Bidders shall fully indemnify Indemnitees against any claims of infringement or any patent, copyright, trade secret, trademark, or other intellectual property rights related to the bidder’s response to this bid or upon contract award.

Bidder’s obligation to indemnify any Indemnitee shall survive the completion, expiration, or termination of bidder’s agreed-upon contract.

Confidentiality and Non-Disclosure Information made available to bidders by DCSD shall be used only for purposes related to responding to this bid and shall not be used for any other purpose without the express written permission of DCSD.

Bidders to this bid unequivocally agree to assume responsibility for protecting and safeguarding the confidentiality of DCSD records that are not public information. Such information may include, but is not limited to, student and human resource file contents.

Indemnification

1) The successful bidder shall indemnify, defend, and hold harmless the DeKalb County School Board, the DeKalb County School District, DCSD, and their officials, officers, employees, agents, volunteers, and assigns (all of whom may collectively be referred to as "Indemnitees" throughout this Bid), from any and all claims, demands, suits, actions, legal or administrative proceedings, losses, liabilities, costs, interest, and damages of every kind and description, including any attorneys’ fees and/or litigation and investigative expenses, for bodily injury, personal injury, (including but not limited to bidder’s employees), or loss or destruction of property (including loss of use, damage or destruction of DCSD owned property) to the extent that any such claim or suit was caused by, arose out of, or contributed to, in whole or in part, by reason of any act, omission, professional error, fault, mistake, or negligence whether active, passive or imputed, of the bidder its employees, agents, representatives, or their employees, agents, or representatives in connection with or incidental to bidder’s performance of the agreed-upon services regardless of whether such liability, claim, damage, loss, cost or expense is caused in part by an Indemnitee.

2) The successful bidder shall also indemnify, defend, and hold harmless the Indemnitees from any and all costs, expenses, claims, demands, rights, liabilities and causes of action inuring to bidder from events over which the Indemnitees exercise no control, such as Acts of God, strikes or government restrictions.

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• Bidder's obligation to indemnify any Indemnitee shall survive the completion, expiration, or termination of bidder’s agreed-upon services for any reason.

Certificate of Insurance Certificate of Insurance and/or ACORD Form is required with solicitation submittal.

Insurance The DCSD Risk Management Unit sets insurance and indemnification requirements for each solicitation.

Certificate of Insurance and/or ACORD Form is required with solicitation submittal. Provision of Certificate of Insurance is a mandatory requirement. Proposals submitted with Certificates of Insurance will be considered conditionally responsive to the insurance and indemnification requirement. Final award of this bid will be contingent upon receipt within ten (10) business days of request for insurance documentation complete with the following requirements and fully acceptable to the DCSD Risk Management Unit. No work will commence and no purchases will be made without the written statement of approval of insurance coverage from the DCSD Risk Management Unit.

In the event the awarded bidder cannot produce insurance coverage acceptable to the DCSD Risk Management Unit within the time provided, DCSD reserves the right to award this solicitation to the first runner-up.

1) Bidder shall procure and maintain throughout the term of this agreement a policy or policies of insurance providing coverage as set forth below. The foregoing policies shall be obtained from insurance companies approved to do business in the State of Georgia and companies acceptable to DCSD. Bidder shall procure the insurance policy or policies at the bidder’s own expense and shall furnish to DCSD a certificate(s) of insurance containing the following information:

(a) Name and address of agent/broker;

(b) Name and address of insured;

(c) Name of insurance company, underwriting syndicate, or other insuring entity;

(d) Description of coverage in standard terminology;

(e) Policy period;

(f) Policy number;

(g) Limits of liability;

(h) Name and address of certificate holder;

(i) Acknowledgment to the DCSD of notice requirements of material adverse change;

(j) Signature of authorized agent/broker;

(k) Telephone number of authorized agent/broker; and

(l) Details of policy exclusions applicable to this agreement in comments section of the certificate of insurance.

All certificates evidencing primary and excess layers shall be renewed and kept current and up to date on an annual basis.

(2) Bidder is required to maintain the following insurance coverage during the term of this agreement:

(a) Workers Compensation Insurance in the amounts of the statutory limits established by the General Assembly of the State of Georgia. Bidder shall have the ability to self-insure its required workers compensation coverage if bidder is an approved self-insurer in the State of Georgia.

(b) Comprehensive General Liability Policy, or equivalent coverage, to include products and completed operations liability and contractual liability. The Comprehensive General Liability Policy shall have dollar limits sufficient to insure that there is no gap in coverage between this policy and any excess or Commercial Umbrella Policy described below.

(c) Comprehensive Auto Policy to include but not be limited to liability coverage on any

BID NO. 22-527 PERSONAL PROTECTIVE EQIPMENT (PPE) SUPPLIES PAGE 13

owned, non-owned and hired vehicle used by bidder or bidder’s personnel in the performance of this agreement. The Comprehensive Automobile Policy shall have dollar limits sufficient to insure that there is no gap in coverage between this policy and the excess or Commercial Umbrella Policy required under this agreement.

(d) Commercial Umbrella or Excess Liability Policy, which must provide the same or broader coverage than those provided for in the above Comprehensive General Liability and Business Auto Policies. Policy limits for the Commercial Umbrella or Excess Liability Policy shall have an annual aggregate limit not less than $2,000,000.

(e) Under all coverage and certificates required hereunder, policies shall or be endorsed to include the following terms and conditions:

(i) All policies and coverage shall be on an “occurrence” not “claims made” basis.

(ii) The foregoing policies shall contain a provision that coverage afforded under the policies will not be canceled, or not renewed, allowed to lapse for any reason until at least sixty (60) days prior written notice has been given to DCSD.

(iii) Shall waive all right of subrogation against Indemnitees (as defined in Part II, Section I of this RFP) for losses arising out of this agreement.

(iv) A severability of interest or cross liability clause or endorsement applies to commercial general liability and excess liability policies.

(v) Certificates of Insurance showing such coverage to be in force shall be filed with DCSD prior to commencement or continuation of any work under this agreement.

(vi) All such coverage shall remain in full force and effect during the term and any renewal or extension thereof.

(f) Under coverage and certificates required under Sections 2(a), 2(b), (c), and (d) above, policies shall be endorsed to include the following terms and conditions:

Minimum limits of $1,000,000 per occurrence $2,000,000 in the annual aggregate.

Primary limits of coverage in the amount of $1,000,000 per occurrence must be with insurers approved to conduct business in the State of Georgia. Excess or umbrella liability insurance may be placed with any insurer submitted by bidder, including captive or self-insured programs, with the prior written approval of DCSD.

(ii) Contractual liability coverage, specifically referencing this agreement and its Indemnity, applies to liability assumed by the named insured.

(iii) Shall include Indemnitees as additional insured.

(iv) Shall waive all right of subrogation against Indemnitees (as defined in Part II, Section I of this RFP) for losses arising out of this agreement.

(v) A severability of interest or cross liability clause or endorsement applies to commercial general liability and excess liability policies.

(vi) Shall be primary and not excess to any other coverage provided by or available to the Indemnitees (as defined in Part II, Section H of this RFP).

(g) Bidder shall require any and all subbidders performing work under this agreement to carry insurance of the types and with limits of liability as bidder shall deem appropriate and adequate for the work being performed. However, the obligations of the bidder to the Indemnitees assumed in Sections of Indemnification, and Insurance shall not be reduced or diminished by the standards set for the subbidders. Further, bidder agrees that their obligations to indemnify and insure the Indemnitees shall pertain to all losses arising out of the subbidder’s acts or negligence in the same manner and to the same extent as if committed by the bidder. Bidder shall obtain and make available for inspection by DCSD, current certificates of insurance evidencing insurance coverage by such subbidders.

BID NO. 22-527 PERSONAL PROTECTIVE EQIPMENT (PPE) SUPPLIES PAGE 14

ALL BIDS ISSUED BY DCSD ARE ADVERTISED IN THE LEGAL SECTION OF THE CHAMPION NEWSPAPER,

(404) 373-7779, POSTED ON THE DCSD WEBSITE AND POSTED IN THE TEAM GEORGIA MARKETPLACE’S GEORGIA PROCUREMENT REGISTRY. Bidders are solely responsible to review and make themselves aware of DCSD bids posted on the following website:

THIS IS NOT AN ORDER.

Bid responses will be received in the Purchasing Department between the hours of 8:30 AM and 4:30 PM only, Monday through Friday, excluding DCSD holidays and closings as well as inclement weather closings.

DCSD is not responsible for misdirected mail, mail not received, and/or mail delivered late by designated carriers.

BIDS RECEIVED IN THE PURCHASING DEPARTMENT AFTER THE BID DEADLINE DATE AND

TIME SHALL BE CONSIDERED NON-RESPONSIVE AND REJECTED.

BIDS DELIVERED TO ANY OTHER SCHOOL OR LOCATION OTHER THAN THE PURCHASING

DEPARTMENT OF THE DCSD SHALL BE CONSIDERED NON-RESPONSIVE AND REJECTED.

BIDS DELIVERED BY EXPRESS CARRIER WITH PAID DELIVERY RECEIPT SERVICE AND

THAT ARE RECEIVED IN THE DCSD OFFICE’S MAILROOM BEFORE THE SCHEDULED BID

SUBMISSION DEADLINE SHALL BE CONSIDERED RESPONSIVE AND ENTERED POST

OPENING INTO THE BID TABULATION.

LABELS WITH THE PROPER BID INFORMATION AS SHOWN ON THE INVITATION TO BID

COVER SHEET AND IN COMPLIANCE WITH THE DETAILED INSTRUCTIONS STATED INSIDE

THIS DOCUMENT ARE PROVIDED IN YOUR BID PACKAGE FOR YOUR CONVENIENCE AND

USE. YOU MAY ALSO DOWNLOAD LABELS TO CUT AND PASTE ONTO YOUR SEALED BID

RESPONSE ENVELOPE, BOX OR EXPRESS CARRIER PACKAGE BY CHOOSING

ATTACHMENT 1 FROM THE INTERNET AT:

BID RESPONSES MUST BE SUBMITTED SEALED, CORRECTLY ADDRESSED AND IN

COMPLIANCE WITH THE DETAILED INSTRUCTIONS STATED INSIDE THIS BID DOCUMENT.

BOXES OR EXPRESS CARRIER PACKAGES CONTAINING SEALED BID RESPONSES MUST

ALSO BE CORRECTLY ADDRESSED AS SHOWN ON THE INVITATION TO BID COVER SHEET

AND IN COMPLIANCE WITH THE DETAILED INSTRUCTIONS STATED INSIDE THIS BID

DOCUMENT.

BIDS RECEIVED BY TELEGRAM, FACSIMILE, E-MAIL, OR TELEPHONE WILL NOT BE ACCEPTED.

BID NO. 22-527 PERSONAL PROTECTIVE EQIPMENT (PPE) SUPPLIES PAGE 15

NOTICE TO BIDDERS

FOR SECURITY REASONS, ALL BIDDERS ATTENDING BID OPENING MUST

REGISTER AT THE SECURITY STATION FIRST FLOOR FRONT DESK AT 1701

MOUNTAIN INDUSTRIAL BOULEVARD, STONE MOUNTAIN, GEORGIA 30083

BEFORE ATTENDING BID OPENING.

ALL BIDDERS SUBMITTING BIDS IN PERSON MUST HAVE THEIR SEALED BIDS DATE AND TIME

STAMPED UPON DELIVERY TO THE PURCHASING DEPARTMENT BY A PURCHASING

DEPARTMENT REPRESENTATIVE AND SEALED BIDS MUST BE LEFT IN THE CARE OF A

PURCHASING DEPARTMENT REPRESENTATIVE. PURCHASING DEPARTMENT

REPRESENTATIVES WILL ISSUE RECEIPTS FOR BID SUBMITTALS IF REQUESTED.

SEALED BIDS LEFT RANDOMLY IN THE BUILDING, THE DIVISION OF FINANCE, OR THE

PURCHASING DEPARTMENT WITHOUT BEING DATE AND TIME STAMPED OR WITHOUT

ENSURING A PURCHASING DEPARTMENT REPRESENTATIVE TAKES POSSESSION OF SAME

SHALL BE CONSIDERED NON-RESPONSIVE AND REJECTED.

ANY CLAIM BY PROPOSING ENTITY OF ERROR IN THEIR PROPOSAL MUST BE MADE BEFORE

PROPOSALS ARE OPENED, OR THE CLAIM SHALL BE DEEMED WAIVED. ANY PROPOSING

ENTITY MAY WITHDRAW THEIR PROPOSAL AT ANY TIME BEFORE THE TIME AT WHICH

PROPOSALS ARE DUE AND THE REQUEST FOR PROPOSALS IS CLOSED AND, HAVING DONE

SO, NO PROPOSING ENTITY WILL BE PERMITTED TO RESUBMIT A PROPOSAL.

BID NO. 22-527 PERSONAL PROTECTIVE EQIPMENT (PPE) SUPPLIES PAGE 16

SCOPE OF WORK / SPECIFICATIONS

SCOPE OF WORK

PURPOSE AND OBJECTIVE

The purpose and intent of this invitation to bid is to secure single fixed prices and establish a term contract for the purpose of delivery of personal protective equipment supplies to the District central warehouse.

SCOPE OF WORK

DeKalb County School District is requesting bids to establish firm fixed prices for personal protective equipment supplies. This annual bid may be renewed for three (3) additional one- (1) year periods subject to vendor acceptance, satisfactory performance and staff’s determination that a renewal would be the best interest of DSCD. Notification of the interest to renew will be mailed 60 calendar days in advance of the expiration date of this award.

QUANTITATES

Actual quantities purchased each fiscal year may often exceed or be less than quantities shown. Orders will be placed as needed during the contract period. The proposer agrees that the price(s) offered shall be maintained irrespective of the quantity actually purchased.

AWARD

This bid may be awarded to multiple vendors on an item-by-item basis whose overall bids are the lowest, most responsive and responsible in accordance with the specifications of this invitation to Bid.

DELIVERIES

Bid prices shall be FOB. Deliveries must be made from 8:00 am to 2:00 pm. All other deliveries must be approved in advance by DCSD warehouse staff.

When issued a Purchase Order by DCSD for materials designated as a standard stock item, the vendor must ship the order complete up to the minimum stock quantity within three (3) working days. All other items should be delivered within seven (7) working days. Vendor shall also notify the DCSD within one (1) business day of receiving the purchase order of any backorders. DCSD reserves the right to cancel backorders and order from other sources.

Any failure to comply with the terms and requirements of the bid may result in cancellation of all or part of the award.

DESCRIPTIVE LITERATURE AND SAMPLES

Samples may be required by the three lowest bidders for all bid items bid and must be furnished by the bidder free of charge to the DCSD for review and evaluation within five (5) calendar days when requested by the Procurement Department. Bidders who do not comply with this request will be considered non-responsive. Each individual sample must be labeled with the bidder’s name and manufacturer’s item number. DCSD will not be responsible for returning the samples, in particular those samples of the awarded vendor which will be held for the duration of the contract and used to assure contract compliance to production samples submitted.

BID NO. 22-527 PERSONAL PROTECTIVE EQIPMENT (PPE) SUPPLIES PAGE 17

Literature and Samples must be delivered directly to the user/requesting department as follows:

Attention to: Angela Arlene-Myrick, Procurement Specialist II Department Name: Plant Operations Address: 1780 Montreal Road City, State, Zip: Tucker, Georgia 30084 Literature & Samples must be received by: SAMPLES shall be received in the Operations Department within five (5) calendar days upon request by the Procurement Department.

Bids shall not be considered if descriptive literature and specifications are not received for an equivalent product or samples are provided with bid submission.

BID NO. 22-527 PERSONAL PROTECTIVE EQIPMENT (PPE) SUPPLIES PAGE 18

BID FORM/COST SHEET

Vendor must provide pricing on the form below in the format requested. Manufacturer/Model# must be listed on this form.

Descriptive information…