CHR25003-SUB_NURSE-rfp.docx

REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES

SUBSTITUTE NURSE SERVICES

ISSUED BY CHRISTINA SCHOOL DISTRICT

CONTRACT NUMBER CHR25003-SUB_NURSE

Contents:

Appendix A - MINIMUM MANDATORY SUBMISSION REQUIREMENTS

** Ctrl+Click on the headings above will take you directly to the section.

I. Overview The Christina School District (CSD) is seeking a vendor to provide the Christina School District with nurse substitutes who hold a valid Professional License from the State of Delaware for designated building nurses in grades Pre-K -12. Traditional schools and special schools are included. The District employs 42 nurses, and we are requesting a fill rate of 95% as absences occur for these employees.

This request for proposals (“RFP”) is issued pursuant to 29 Del. C. §§ 6981 and 6982.

The proposed schedule of events subject to the RFP is outlined below:

Public Notice Date: February 10, 2025

Deadline for Questions Date: February 25, 2025 at 12 Noon (EDT)

Response to Questions Posted by: Date: March 11, 2025

Deadline for Receipt of Proposals Date: March 25, 2025 at 2:00 PM (EDT)

Estimated Notification of Award Date: June 30, 2025

Each proposal must be accompanied by a transmittal letter which briefly summarizes the proposing firm’s interest in providing the required professional services. The transmittal letter must also clearly state and justify any exceptions to the requirements of the RFP which the applicant may have taken in presenting the proposal. (Applicant exceptions must also be recorded on Attachment 3).

The Christina School District reserves the right to deny any and all exceptions taken to the RFP requirements.

MANDATORY PREBID MEETING

A mandatory pre-bid meeting has not been established for this Request for Proposal.

II. Scope of Services

Specifications:

During regular school hours, substitute rates for partial days worked will not be prorated. The minimum rate paid will be for 1/2 day. Any time worked beyond 1/2 day will be treated as a full day. After school hours must be approved by the school administrator and substitute rates can be paid hourly.

Vendor Responsibilities

· Recruit, interview, employ, verify professional licenses, and train all substitutes prior to placement.

· Provide a checklist of the agency's review of procedures.

· Provide all employment services including Payroll: Social Security contributions, Unemployment contributions, Workers Compensation costs, and record keeping, including all state and federal reporting.

· Provide a minimum of $1,000,000.00 liability insurance for each substitute employed. All substitutes are to be fully bonded.

· Hold the Christina School District harmless from any and all liability claims arising from any actions of a provided substitute and carry the Christina School District as an insured.

· Provide a 24-hour number with an answering device and state the time of availability with the substitute caller. A District representative will contact the vendor directly to request a substitute.

· Allow the District representative to request specific substitutes by name.

· Provide substitutes for nurses who leave or call in after school has begun, but for no time less than 3 hours and 45 minutes

· Maintain all documentation necessary to verify the valid State of Delaware Professional License for substitute nurses.

· Provide Services for PK-Age 22

· Ensure that all substitutes possess a valid Delaware RN License or the eNLC license (endorsed by the Delaware Board of Nursing). All substitutes must complete a criminal and child abuse background check and an approved report from the Child Protection Registry. All substitutes must be CPR and AED certified every 2 years. Christina School District Human Resources must approve all substitute nurses before they may work with students.

· Waive any fees if the Christina School District hires a substitute into any position within the District.

Substitute Responsibilities

· Fill vacancies, as necessary. This may include serving two schools in one day.

· Report, on time, to the administration of the designated school for nursing coverage.

· Follow the state guidelines for nursing to ensure the health and wellness of students and staff.

· Conduct daily nursing procedures including but not limited to dispensing of medications and data entry of office visits.

· Communicate with parents, physicians, staff, and community as necessary to ensure student and staff wellness.

· Maintain confidentiality of all medical cases following state and federal law.

· May be required to attend field trips or community-based instruction outings with students requiring medication; dispense any required medications and/or emergency services.

· Be appropriately dressed Performance Complaints

If there is a complaint from the building principal, the substitute will be removed from the assignment immediately and not be placed in another assignment until an investigation has been completed and the School District has been informed of the outcome.

The School District reserves the right to have any substitute removed immediately from service to any school or the entire District.

References Submit with your bid a minimum of three references from school districts in our local area for which you are currently providing substitute services. You should provide the name, address, and telephone number for each of these references with your bid response. You should also provide data for the latest available three-month period in which you indicate the total number of days of substitute service requested and the total number of days that you were successful in securing substitutes for the entire district for the two references.

Bid Prices Bid prices shall be firm for the contract period.

Materials

· Provide with your bid an orientation or training agenda for substitute nurses.

· Provide with your bid samples of materials that would be provided to all substitutes.

OTHER REQUIREMENTS

· All staff must obtain a clear criminal background check from the Delaware State Police, complete a Child Protection Registry Request to the Department of Services for Children, Youth and their Families, and complete a tuberculosis screening. The results must be sent to and approved by CSD’s Office of Human Resources.

BUDGET

Bidders must submit a budget, which includes the cost of services, and the maximum number of students that the vendor has the capacity to service for the district.

General Information The district plans to award the contract to the successful bidder(s) for a period of one year with an option to renew for two additional one-year periods. The district reserves the right to monitor, inspect, and evaluate the performance of the vendor and its staff on an ongoing basis. The district may revise or terminate the contract if the vendor fails to provide the services or remediate deficiencies after receiving notice of such by the district.

The Contract(s) may be extended for additional time periods or may be increased or decreased based on the availability of funds and successful contract performance as outlined in the specifications.

· Note: Cost to deliver services outlined above must be submitted under separate cover by itself.

Proposals Bidders must submit a narrative plan explaining how they will provide each of the services identified. At a minimum, vendors should provide detailed action plans to successfully fulfill each of the vendor requirements listed in the scope of work. Additionally, where appropriate, respondents are encouraged to provide examples where they have previously provided, or met, each of the requirements listed. The narrative plan should clearly identify and describe the following:

· The staff providing the service and the expertise and/or experience of the staff, (include resume if the staff has been determined)

· Summary of the vendor’s experience with students

· Summary of the vendor’s experience as an educational provider

III. Required Information The following information shall be provided in each proposal in the order listed below. Failure to respond to any request for information within this proposal may result in rejection of the proposal at the sole discretion of the State.

A. Minimum Requirements

1. Provide Delaware license(s) and/or certification(s) necessary to perform services as identified in the scope of work.

Prior to the execution of an award document, the successful Vendor shall either furnish the Agency with proof of State of Delaware Business Licensure or initiate the process of application where required.

2. Vendor shall provide responses to the Request for Proposal (RFP) scope of work and clearly identify capabilities as presented in the General Evaluation Requirements below.

3. Complete all appropriate attachments and forms as identified within the RFP.

4. Proof of insurance and amount of insurance shall be furnished to the Agency prior to the start of the contract period and shall be no less than as identified in the bid solicitation, Section V, Item G, subsection 7 (insurance).

B. General Evaluation Requirements

VI. Professional Services RFP Administrative Information A. RFP Issuance

1. Public Notice Public notice has been provided in accordance with 29 Del. C. § 6981.

2. Obtaining Copies of the RFP This RFP is available in electronic form through the State of Delaware Procurement website at www.bids.delaware.gov . Paper copies of this RFP will not be available.

3. Assistance to Vendors with a Disability Vendors with a disability may receive accommodation regarding the means of communicating this RFP or participating in the procurement process. For more information, contact the Designated Contact no later than ten days prior to the deadline for receipt of proposals.

4. RFP Designated Contact All requests, questions, or other communications about this RFP shall be made in writing to the Christina School District. Address all communications to the person listed below; communications made to other Christina School District personnel or attempting to ask questions by phone or in person will not be allowed or recognized as valid and may disqualify the vendor. Vendors should rely only on written statements issued by the RFP designated contact.

Christina School District Trenda Broadnax 1899 S College Avenue Newark, DE 19702 trenda.broadnax@christina.k12.de.us

To ensure that written requests are received and answered in a timely manner, electronic mail (e-mail) correspondence is acceptable, but other forms of delivery, such as postal and courier services can also be used.

5. Consultants and Legal Counsel The Christina School District may retain consultants or legal counsel to assist in the review and evaluation of this RFP and the vendors’ responses. Bidders shall not contact the District’s consultant or legal counsel on any matter related to the RFP.

6. Contact with District Employees Direct contact with Christina School District employees other than the Christina School District Designated Contact regarding this RFP is expressly prohibited without prior consent. Vendors directly contacting Christina School District employees risk elimination of their proposal from further consideration. Exceptions exist only for organizations currently doing business in the State who require contact in the normal course of doing that business.

7. Organizations Ineligible to Bid Any individual, business, organization, corporation, consortium, partnership, joint venture, or any other entity including subcontractors currently debarred or suspended is ineligible to bid. Any entity ineligible to conduct business in the State of Delaware for any reason is ineligible to respond to the RFP.

8. Exclusions The Proposal Evaluation Team reserves the right to refuse to consider any proposal from a vendor who:

a. Has been convicted for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract:

b. Has been convicted under State or Federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty that currently and seriously affects responsibility as a State contractor:

c. Has been convicted or has had a civil judgment entered for a violation under State or Federal antitrust statutes:

d. Has violated contract provisions such as;

1) Known failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

2) Failure to perform or unsatisfactory performance in accordance with terms of one or more contracts;

e. Has violated ethical standards set out in law or regulation; and

f. Any other cause listed in regulations of the State of Delaware determined to be serious and compelling as to affect responsibility as a State contractor, including suspension or debarment by another governmental entity for a cause listed in the regulations.

B. RFP Submissions

1. Acknowledgement of Understanding of Terms By submitting a bid, each vendor shall be deemed to acknowledge that it has carefully read all sections of this RFP, including all forms, schedules and exhibits hereto, and has fully informed itself as to all existing conditions and limitations.

2. Proposals To be considered, all proposals must be submitted in writing and respond to the items outlined in this RFP. The District reserves the right to reject any non-responsive or non-conforming proposals. Each proposal must be submitted with one (1) paper copy and one (1) electronic copy on USB memory drive. Please provide a separate electronic pricing file from the rest of the RFP proposal responses.

All properly sealed and marked proposals are to be sent to the Christina School District and received no later than 2:00 PM (EDT) on March 25, 2025. The Proposals may be delivered by Express Delivery (e.g., FedEx, UPS, etc.), US Mail, or by hand to:

Christina School District Administration Office 1899 S. College Avenue Newark, DE 19702

Vendors are directed to clearly print “BID ENCLOSED” and “CONTRACT NO. CHR25003-SUB_NURSE” on the outside of the bid submission package.

Any proposal received after the Deadline for Receipt of Proposals date shall not be considered and shall be returned unopened. The proposing vendor bears the risk of delays in delivery and any costs for returned proposals. The contents of any proposal shall not be disclosed as to be made available to competing entities during the negotiation process.

Upon receipt of vendor proposals, each vendor shall be presumed to be thoroughly familiar with all specifications and requirements of this RFP. The failure or omission to examine any form, instrument or document shall in no way relieve vendors from any obligation in respect to this RFP.

3. Proposal Modifications Any changes, amendments or modifications to a proposal must be made in writing, submitted in the same manner as the original response and conspicuously labeled as a change, amendment, or modification to a previously submitted proposal. Changes, amendments, or modifications to proposals shall not be accepted or considered after the hour and date specified as the deadline for submission of proposals.

4. Proposal Costs and Expenses The Christina School District will not pay any costs incurred by any Vendor associated with any aspect of responding to this solicitation, including proposal preparation, printing or delivery, attendance at vendor’s conference, system demonstrations or negotiation process.

5. Proposal Expiration Date Prices quoted in the proposal shall remain fixed and binding on the bidder at least through 1 (one) year. The Christina School District reserves the right to ask for an extension of time if needed.

6. Late Proposals Proposals received after the specified date and time will not be accepted or considered. To guard against premature opening, sealed proposals shall be submitted, plainly marked with the proposal title, vendor name, and time and date of the proposal opening. Evaluation of the proposals is expected to begin shortly after the proposal due date. To document compliance with the deadline, the proposal will be date and time stamped upon receipt.

7. Proposal Opening The Christina School District will receive proposals until the date and time shown in this RFP. Proposals will be opened in the presence of Christina School District personnel. Any unopened proposals will be returned to the submitting Vendor.

There will be no public opening of proposals but a public log will be kept of the names of all vendor organizations that submitted proposals. The contents of any proposal shall not be disclosed in accordance with Executive Order # 31 and Title 29, Delaware Code, Chapter 100.

8. Non-Conforming Proposals Non-conforming proposals will not be considered. Non-conforming proposals are defined as those that do not meet the requirements of this RFP. The determination of whether an RFP requirement is substantive, or a mere formality shall reside solely within the Christina School District.

9. Concise Proposals The Christina School District discourages overly lengthy and costly proposals. It is the desire that proposals be prepared in a straightforward and concise manner. Unnecessarily elaborate brochures or other promotional materials beyond those sufficient to present a complete and effective proposal are not desired. The Christina School District’s interest is in the quality and responsiveness of the proposal.

10. Realistic Proposals It is the expectation of the Christina School District that vendors can fully satisfy the obligations of the proposal in the manner and timeframe defined within the proposal. Proposals must be realistic and must represent the best estimate of time, materials and other costs including the impact of inflation and any economic or other factors that are reasonably predictable.

The Christina School District shall bear no responsibility or increase obligation for a vendor’s failure to accurately estimate the costs or resources required to meet the obligations defined in the proposal.

11. Confidentiality of Documents The Christina School District and its constituent agencies are required to comply with the State of Delaware Freedom of Information Act, 29 Del. C. § 10001, et seq. (“FOIA”). FOIA requires that the Christina School District’s records are public records (unless otherwise declared by FOIA or other law to be exempt from disclosure) and are subject to inspection and copying by any person upon a written request. All proposals are subject to FOIA’s public disclosure obligations.

The Christina School District wishes to create a business-friendly environment and procurement process. As such, the District respects the vendor community’s desire to protect its intellectual property, trade secrets, and confidential business information (collectively referred to herein as “confidential business information”). Proposals must contain sufficient information to be evaluated. If a vendor feels that they cannot submit their proposal without including confidential business information, they must adhere to the following procedure, or their proposal may be deemed unresponsive, may not be recommended for selection, and any applicable protection for the vendor’s confidential business information may be lost.

In order to allow the District to assess its ability to protect a vendor’s confidential business information, vendors will be permitted to designate appropriate portions of their proposal as confidential business information.

Vendor(s) may submit portions of a proposal considered to be confidential business information in a separate, sealed envelope labeled “Confidential Business Information” and include the specific RFP number. The envelope must contain a letter from the vendor’s legal counsel describing the documents in the envelope, representing in good faith that the information in each document is not “public record” as defined by 29 Del. C. § 10002, and briefly stating the reasons that each document meets the said definitions.

Upon receipt of a proposal accompanied by such a separate, sealed envelope, the Christina School District will open the envelope to determine whether the procedure described above has been followed. A vendor’s allegation as to its confidential business information shall not be binding on the District. The District shall independently determine the validity of any vendor designation as set forth in this section. Any vendor submitting a proposal or using the procedures discussed herein expressly accepts the District’s absolute right and duty to independently assess the legal and factual validity of any information designated as confidential business information. Accordingly, vendor(s) assume the risk that confidential business information included in a proposal may enter the public domain.

12. Multi-Vendor Solutions (Joint Ventures) Multi-vendor solutions (joint ventures) will be allowed only if one of the venture partners is designated as the “prime contractor”. The “prime contractor” must be the joint venture’s contact point for the Christina School District and be responsible for the joint venture’s performance under the contract, including all project management, legal and financial responsibility for the implementation of all vendor systems. If a joint venture is proposed, a copy of the joint venture agreement clearly describing the responsibilities of the partners must be submitted with the proposal. Services specified in the proposal shall not be subcontracted without prior written approval by the Christina School District, and approval of a request to subcontract shall not in any way relieve Vendor of responsibility for the professional and technical accuracy and adequacy of the work. Further, vendor shall be and remain liable for all damages to the Christina School District caused by negligent performance or non-performance of work by its subcontractor or its sub-subcontractor.

Multi-vendor proposals must be a consolidated response with all cost included in the cost summary. Where necessary, RFP response pages are to be duplicated for each vendor.

a. Primary Vendor The Christina School District expects to negotiate and contract with only one “prime vendor”. The Christina School District will not accept any proposals that reflect an equal teaming arrangement or from vendors who are co-bidding on this RFP. The prime vendor will be responsible for the management of all subcontractors.

Any contract that may result from this RFP shall specify that the prime vendor is solely responsible for fulfillment of any contract with the District as a result of this procurement. The District will make contract payments only to the awarded vendor. Payments to any-subcontractors are the sole responsibility of the prime vendor (awarded vendor).

Nothing in this section shall prohibit the Christina School District from the full exercise of its options under Section IV.B.18 regarding multiple source contracting.

b. Sub-contracting The vendor selected shall be solely responsible for contractual performance and management of all subcontract relationships. This contract allows subcontracting assignments; however, vendors assume all responsibility for work quality, delivery, installation, maintenance, and any supporting services required by a subcontractor.

Use of subcontractors must be clearly explained in the proposal, and major subcontractors must be identified by name. The prime vendor shall be wholly responsible for the entire contract performance whether or not subcontractors are used. Any sub-contractors must be approved by Christina School District.

c. Multiple Proposals A primary vendor may not participate in more than one proposal in any form. Sub-contracting vendors may participate in multiple joint venture proposals.

13. Sub-Contracting The vendor selected shall be solely responsible for contractual performance and management of all subcontract relationships. This contract allows subcontracting assignments; however, vendors assume all responsibility for work quality, delivery, installation, maintenance, and any supporting services required by a subcontractor.

Use of subcontractors must be clearly explained in the proposal, and subcontractors must be identified by name. Any sub-contractors must be approved by Christina School District.

14. Discrepancies and Omissions Vendor is fully responsible for the completeness and accuracy of their proposal, and for examining this RFP and all addenda. Failure to do so will be at the sole risk of vendor. Should vendor find discrepancies, omissions, unclear or ambiguous intent or meaning, or should any questions arise concerning this RFP, vendor shall notify the Christina School District’s Designated Contact, in writing, of such findings at least ten (10) days before the proposal opening. This will allow issuance of any necessary addenda. It will also help prevent the opening of a defective proposal and exposure of vendor’s proposal upon which award could not be made. All unresolved issues should be addressed in the proposal.

Protests based on any omission or error, or on the content of the solicitation, will be disallowed if these faults have not been brought to the attention of the Designated Contact, in writing, at least ten (10) calendar days prior to the time set for opening of the proposals.

a. RFP Question and Answer Process The Christina School District will allow written requests for clarification of the RFP. All questions shall be received no later than February 25, 2025, at 12:00 noon (EDT). All questions will be consolidated into a single set of responses and posted on the State’s website at www.bids.delaware.gov by the date of March 11, 2025. Vendor names will be removed from questions in the responses released. Questions should be submitted in the following format. Deviations from this format will not be accepted.

· Section number

· Paragraph number

· Page number

· Text of passage being questioned

Questions not submitted electronically shall be accompanied by a CD/USB and questions shall be formatted in Microsoft Word.

15. District’s Right to Reject Proposals The Christina School District reserves the right to accept or reject any or all proposals or any part of any proposal, to waive defects, technicalities or any specifications (whether they be in the Christina School District’s specifications or vendor’s response), to sit and act as sole judge of the merit and qualifications of each product offered, or to solicit new proposals on the same project or on a modified project which may include portions of the originally proposed project as the Christina School District may deem necessary in the best interest of the Christina School District.

16. District’s Right to Cancel Solicitation The Christina School District reserves the right to cancel this solicitation at any time during the procurement process, for any reason or for no reason. The Christina School District makes no commitments expressed or implied, that this process will result in a business transaction with any vendor.

This RFP does not constitute an offer by the Christina School District. Vendor’s participation in this process may result in the Christina School District selecting your organization to engage in further discussions and negotiations toward execution of a contract. The commencement of such negotiations does not, however, signify a commitment by the Christina School District to execute a contract nor to continue negotiations. The Christina School District may terminate negotiations at any time and for any reason, or for no reason.

17. District’s Right to Award Multiple Source Contracting Pursuant to 29 Del. C. § 6986, the Christina School District may award a contract for a particular professional service to two or more vendors if the agency head makes a determination that such an award is in the best interest of the Christina School District.

18. Potential Contract Overlap Vendors shall be advised that the District, at its sole discretion, shall retain the right to solicit for goods and/or services as required by its agencies and as it serves the best interest of the District. As needs are identified, there may exist instances where contract deliverables, and/or goods or services to be solicited and subsequently awarded, overlap previous awards. The District reserves the right to reject any or all bids in whole or in part, to make partial awards, to award to multiple vendors during the same period, to award by types, on a zone-by-zone basis or on an item-by-item or lump sum basis item by item, or lump sum total, whichever may be most advantageous to the Christina School District.

19. Supplemental Solicitation The District reserves the right to advertise a supplemental solicitation during the term of the Agreement if deemed in the best interest of the District.

20. Notification of Withdrawal of Proposal Vendor may modify or withdraw its proposal by written request, provided that both proposal and request is received by the Christina School District prior to the proposal due date. Proposals may be re-submitted in accordance with the proposal due date in order to be considered further.

Proposals become the property of the Christina School District at the proposal submission deadline. All proposals received are considered firm offers at that time.

21. Revisions to the RFP If it becomes necessary to revise any part of the RFP, an addendum will be posted on the State of Delaware’s website at www.bids.delaware.gov . The Christina School District is not bound by any statement related to this RFP made by any Christina School District employee, contractor or its agents.

22. Exceptions to the RFP Any exceptions to the RFP, or the Christina School District’s terms and conditions, must be recorded on Attachment 3. Acceptance of exceptions is within the sole discretion of the evaluation committee.

23. Business References Provide at least three (3) business references consisting of current or previous customers of similar scope and value using Attachment 5. Include business name, mailing address, contact name and phone number, number of years doing business with, and type of work performed. Personal references cannot be considered.

24. Award of Contract The final award of a contract is subject to approval by the Christina School District. The Christina School District has the sole right to select the successful vendor(s) for award, to reject any proposal as unsatisfactory or non-responsive, to award a contract to other than the lowest priced proposal, to award multiple contracts, or not to award a contract, as a result of this RFP.

Notice in writing to a vendor of the acceptance of its proposal by the Christina School District and the subsequent full execution of a written contract will constitute a contract, and no vendor will acquire any legal or equitable rights or privileges until the occurrence of both such events.

a. RFP Award Notifications After reviews of the evaluation committee report and its recommendation, and once the contract terms and conditions have been finalized, the Christina School District will award the contract.

The contract shall be awarded to the vendor whose proposal is most advantageous, taking into consideration the evaluation factors set forth in the RFP.

It should be explicitly noted that the Christina School District is not obligated to award the contract to the vendor who submits the lowest bid or the vendor who receives the highest total point score, rather the contract will be awarded to the vendor whose proposal is the most advantageous to the Christina School District. The award is subject to the appropriate Christina School District approvals.

After a final selection is made, the winning vendor will be invited to negotiate a contract with the Christina School District; remaining vendors will be notified in writing of their selection status.

25. Cooperatives Vendors, who have been awarded similar contracts through a competitive bidding process with a cooperative, are welcome to submit the cooperative pricing for this solicitation.

C. RFP Evaluation Process An evaluation team composed of representatives of the Christina School District will evaluate proposals on a variety of quantitative criteria. Neither the lowest price nor highest scoring proposal will necessarily be selected.

The Christina School District reserves full discretion to determine the competence and responsibility, professionally and/or financially, of vendors. Vendors are to provide in a timely manner any and all information that the Christina School District may deem necessary to make a decision.

1. Proposal Evaluation Team The Proposal Evaluation Team shall be comprised of representatives of the Christina School District. The Team shall determine which vendors meet the minimum requirements pursuant to selection criteria of the RFP and procedures established in 29 Del. C. §§ 6981 and 6982. Professional services for this solicitation are considered under 29 Del. C. § 6982(b). The Team may negotiate with one or more vendors during the same period and may, at its discretion, terminate negotiations with any or all vendors. The Team shall make a recommendation regarding the award to the Superintendent and/or designee, who shall have final authority, subject to the provisions of this RFP and 29 Del. C. § 6982(b), to award a contract to the successful vendor in the best interests of the Christina School District.

2. Proposal Selection Criteria The Proposal Evaluation Team shall assign up to the maximum number of points for each Evaluation Item to each of the proposing vendor’s proposals. All assignments of points shall be at the sole discretion of the Proposal Evaluation Team.

The proposals shall contain the essential information on which the award decision shall be made. The information required to be submitted in response to this RFP has been determined by the Christina School District to be essential for use by the Team in the bid evaluation and award process. Therefore, all instructions contained in this RFP shall be met in order to qualify as a responsive and responsible contractor and participate in the Proposal Evaluation Team’s consideration for award. Proposals which do not meet or comply with the instructions of this RFP may be considered non-conforming and deemed non-responsive and subject to disqualification at the sole discretion of the Team.

The Team reserves the right to:

· Select for contract or for negotiations a proposal other than that with lowest costs.

· Reject any and all proposals or portions of proposals received in response to this RFP or to make no award or issue a new RFP.

· Waive or modify any information, irregularity, or inconsistency in proposals received.

· Request modification to proposals from any or all vendors during the contract review and negotiation.

· Negotiate any aspect of the proposal with any vendor and negotiate with more than one vendor at the same time.

· Select more than one vendor pursuant to 29 Del. C. § 6986. Such selection will be based on the following criteria:

Criteria Weight All proposals shall be evaluated using the same criteria and scoring process. The following criteria shall be used by the Evaluation Team to evaluate proposals:

Vendors are encouraged to review the evaluation criteria and to provide a response that addresses each of the scored items. Evaluators will not be able to make assumptions about a vendor’s capabilities so the responding vendor should be detailed in their proposal responses.

3. Proposal Clarification The Evaluation Team may contact any vendor in order to clarify uncertainties or eliminate confusion concerning the contents of a proposal. Proposals may not be modified as a result of any such clarification request.

4. References The Evaluation Team may contact any customer of the vendor, whether or not included in the vendor’s reference list, and use such information in the evaluation process. Additionally, the Christina School District may choose to visit existing installations of comparable systems, which may or may not include vendor personnel. If the vendor is involved in such site visits, the Christina School District will pay travel costs only for Christina School District personnel for these visits.

5. Oral Presentations After initial scoring and a determination that vendor(s) are qualified to perform the required services, selected vendors may be invited to make oral presentations to the Evaluation Team. All vendor(s) selected will be given an opportunity to present to the Evaluation Team.

The selected vendors will have their presentations scored or ranked based on their ability to successfully meet the needs of the contract requirements, successfully demonstrate their product and/or service, and respond to questions about the solution capabilities.

The vendor representative(s) attending the oral presentation shall be technically qualified to respond to questions related to the proposed system and its components.

All of the vendor's costs associated with participation in oral discussions and system demonstrations conducted for the Christina School District are the vendor’s responsibility.

Contract Terms and Conditions

0. Contract Use by Other Agencies REF: Title 29, Chapter 6904(e) Delaware Code. If no state contract exists for a certain good or service, covered agencies may procure that certain good or service under another agency's contract so long as the arrangement is agreeable to all parties. Agencies, other than covered agencies, may also procure such goods or services under another agency's contract when the arrangement is agreeable to all parties.

Cooperative Use of Award As a publicly competed contract awarded in compliance with 29 DE Code Chapter 69, this contract is available for use by other states and/or governmental entities through a participating addendum. Interested parties should contact the State Contract Procurement Officer identified in the contract for instruction. Final approval for permitting participation in this contract resides with the Director of Government Support Services and in no way places any obligation upon the awarded vendor(s).

General Information

1. The term of the contract between the successful bidder and the District shall be for one (1) year with two (2) optional extensions for a period of one (1) year for each extension.

2. As a Service subscription license costs shall be incurred at the individual license level only as the individual license is utilized within a fully functioning solution. Subscription costs will not be applicable during periods of implementation and solution development prior to the State’s full acceptance of a working solution. Additional subscription license requests above actual utilization may not exceed 5% of the total and are subject to Delaware budget and technical review.

3. The selected vendor will be required to enter into a written agreement with the Christina School District. The Christina School District reserves the right to incorporate standard District contractual provisions into any contract negotiated as a result of a proposal submitted in response to this RFP. Any proposed modifications to the terms and conditions of the standard contract are subject to review and approval by the Christina School District. Vendors will be required to sign the contract for all services and may be required to sign additional agreements.

4. The selected vendor or vendors will be expected to enter negotiations with the Christina School District, which will result in a formal contract between parties. Procurement will be in accordance with subsequent contracted agreement. This RFP and the selected vendor’s response to this RFP will be incorporated as part of any formal contract.

5. The Christina School District’s standard contract will most likely be supplemented with the vendor’s software license, support/maintenance, source code escrow agreements, and any other applicable agreements. The terms and conditions of these agreements will be negotiated with the finalist during actual contract negotiations.

6. The successful vendor shall promptly execute a contract incorporating the terms of this RFP within twenty (20) days after award of the contract. No vendor is to begin any service prior to receipt of a signed Christina School District purchase order, properly processed through the Christina School District Accounting Office and the Department of Finance. The purchase order shall serve as the authorization to proceed in accordance with the bid specifications and the special instructions, once it is received by the successful vendor.

7. If the vendor to whom the award is made fails to enter into the agreement as herein provided, the award will be annulled, and an award may be made to another vendor. Such vendor shall fulfill every stipulation embraced herein as if they were the party to whom the first award was made.

8. The District reserves the right to extend this contract on a month-to-month basis for a period of up to three months after the term of the full contract has been completed.

9. Vendors are not restricted from offering lower pricing at any time during the contract term.

Collusion or Fraud Any evidence of agreement or collusion among vendor(s) and prospective vendor(s) acting to illegally restrain freedom from competition by agreement to offer a fixed price, or otherwise, will render the offers of such vendor(s) void.

By responding, the vendor shall be deemed to have represented and warranted that its proposal is not made in connection with any competing vendor submitting a separate response to this RFP, and is in all respects fair and without collusion or fraud; that the vendor did not participate in the RFP development process and had no knowledge of the specific contents of the RFP prior to its issuance; and that no employee or official of the Christina School District participated directly or indirectly in the vendor’s proposal preparation.

Advance knowledge of information which gives any particular vendor advantages over any other interested vendor(s), in advance of the opening of proposals, whether in response to advertising or an employee or representative thereof, will potentially void that particular proposal.

Lobbying and Gratuities Lobbying or providing gratuities shall be strictly prohibited. Vendors found to be lobbying, providing gratuities to, or in any way attempting to influence a Christina School District employee or agent of the Christina School District concerning this RFP or the award of a contract resulting from this RFP shall have their proposal immediately rejected and shall be barred from further participation in this RFP.

The selected vendor will warrant that no person or selling agency has been employed or retained to solicit or secure a contract resulting from this RFP upon agreement or understanding for a commission, or a percentage, brokerage or contingent fee. For breach or violation of this warranty, the Christina School District shall have the right to annul any contract resulting from this RFP without liability or at its discretion deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.

All contact with Christina School District employees, contractors or agents of the Christina School District concerning this RFP shall be conducted in strict accordance with the manner, forum and conditions set forth in this RFP.

Solicitation of District Employees Until contract award, vendors shall not, directly or indirectly, solicit any employee of the Christina School District to leave the Christina School District’s employ in order to accept employment with the vendor, its affiliates, actual or prospective contractors, or any person acting in concert with vendor, without prior written approval of the Christina School District’s contracting officer. Solicitation of Christina School District employees by a vendor may result in rejection of the vendor’s proposal.

This paragraph does not prevent the employment by a vendor of a Christina School District employee who has initiated contact with the vendor. However, Christina School District employees may be legally prohibited from accepting employment with the contractor or subcontractor under certain circumstances. Vendors may not knowingly employ a person who cannot legally accept employment under state or federal law. If a vendor discovers that they have done so, they must terminate that employment immediately.

General Contract Terms

1. Independent Contractors The parties to the contract shall be independent contractors to one another, and nothing herein shall be deemed to cause this agreement to create an agency, partnership, joint venture or employment relationship between parties. Each party shall be responsible for compliance with all applicable workers compensation, unemployment, disability insurance, social security withholding and all other similar matters. Neither party shall be liable for any debts, accounts, obligations or other liability whatsoever of the other party or any other obligation of the other party to pay on the behalf of its employees or to withhold from any compensation paid to such employees any social benefits, workers compensation insurance premiums or any income or other similar taxes.

It may be at the Christina School District’s discretion as to the location of work for the contractual support personnel during the project period. The Christina School District may provide working space and sufficient supplies and material to augment the Contractor’s services.

2. Temporary Personnel are Not District Employees Unless and Until They are Hired Vendor agrees that any individual or group of temporary staff person(s) provided to the Christina School District pursuant to this Solicitation shall remain the employee(s) of Vendor for all purposes including any required compliance with the Affordable Care Act by the Vendor. Vendor agrees that it shall not allege, argue, or take any position that individual temporary staff person(s) provided to the District pursuant to this Solicitation must be provided any benefits, including any healthcare benefits by the Christina School District and Vendor agrees to assume the total and complete responsibility for the provision of any healthcare benefits required by the Affordable Care Act to aforesaid individual temporary staff person(s). In the event that the Internal Revenue Service, or any other third party governmental entity determines that the Christina School District is a dual employer or the sole employer of any individual temporary staff person(s) provided to the Christina School District pursuant to this Solicitation, Vendor agrees to hold harmless, indemnify, and defend the District to the maximum extent of any liability to the District arising out of such determinations.

Notwithstanding the content of the preceding paragraph, should the Christina School District subsequently directly hire any individual temporary staff employee(s) provided pursuant to this Solicitation, the aforementioned obligations to hold harmless, indemnify, and defend the Christina School District shall cease and terminate for the period following the date of hire. Nothing herein shall be deemed to terminate the Vendor’s obligation to hold harmless, indemnify, and defend the Christina School District for any liability that arises out of compliance with the ACA prior to the date of hire by the Christina School District. Vendor will waive any separation fee provided an employee works for both the vendor and hiring agency, continuously, for a three (3) month period and is provided thirty (30) days written notice of intent to hire from the agency. Notice can be issued at second month if it is the District’s intention to hire.

3. Work Performed in a State Building Awarded Vendor(s) who have any employees carrying out any work related to the awarded contract at a State facility shall have those employees comply with any health mandate or policy issued by the State related to a pandemic or other State of Emergency issued by any State authority during the term of the awarded contract, including those that apply directly to State employees. At the present time these include, but not limited to, wearing a mask in all State buildings and the policy for State employees regarding vaccination. The vaccination policy is located at https://dhr.delaware.gov/policies/documents/covid19-vaccination-and-test-policy.pdf . For clarity, State buildings are those owned or leased by the State.

4. ACA Safe Harbor The District and its utilizing agencies are not the employer of temporary or contracted staff. However, the District is concerned that it could be determined to be a Common-law Employer as defined by the Affordable Care Act (“ACA”). Therefore, the District seeks to utilize the “Common-law Employer Safe Harbor Exception” under the ACA to transfer health benefit insurance requirements to the staffing company. The Common-law Employer Safe Harbor Exception can be attained when the District and/or its agencies are charged and pay for an “Additional Fee” with respect to the employees electing to obtain health coverage from the Vendor.

The Common-law Employer Safe Harbor Exception under the ACA requires that an Additional…