INVITATION TO BID

Bid Number and Title:

#26-039 HVAC Duct Cleaning Services

Posting Date:

March 31, 2026

Bid Due Date & Time:

2:00 PM, Tuesday, May 12, 2026 ITBs received after this time and date will not be accepted

Florida Tax Exempt #85-8012621827C-2 A 188126 (Federal) FEID 59-6000557

Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations to attend public openings or meetings sponsored by the School District shall contact the Purchasing Department at (239) 377-0047, at least five (5) business days prior to the scheduled opening or meeting.

Acknowledgement

This acknowledgement MUST be completed, signed, and returned with submittal. Failure to do so will be cause for rejection of bid.

Company Name:

E-VERIFY # (Information or #):

Federal Employer Identification Number (EIN)1:

Phone #:

Street Address:

City:

State: Zip Code:

E-Mail Address: Website (optional):

I certify that this bid is made without prior understanding, agreement or connections with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder. In submitting a bid to Collier County Public Schools (CCPS) the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to CCPS all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by CCPS. At CCPS’s discretion, such assignment shall be made and become effective at the time CCPS tenders final payment to the bidder.

X

Authorized Signature (Manual) Date

Typed / Printed Name Title

NO BID: I hereby submit this as a “NO BID” for the reasons checked below:

1. Specifications were unclear or restrictive 6. We do not offer the product or service requested

2. Our schedule will not permit us to respond 7. Cannot supply at this time.

3. Could not meet specifications 8. Cannot meet delivery schedule

4. Terms & Conditions were unclear or restrictive 9. Other/Remarks:

5. Could not meet Insurance requirements

1Bidder shall supply an executed recent copy of IRS Form W-9 (Rev. March 2024), with submittal. Visit https://www.irs.gov/ for more information on Form W-9.

https://www.irs.gov/

COLLIER COUNTY PUBLIC SCHOOLS

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Instructions for Submittal – BIDDER MAY SUBMIT RESPONSES AT ANY TIME PRIOR TO THE DUE DATE AND TIME.

1. OPENGOV

a. CCPS has partnered with OpenGov and utilizes an e-Procurement Portal for publishing and receiving all vendor responses to solicitations. Vendors shall visit, register, and create an account, at no cost to the vendor, on CCPS’s OpenGov portal. To register and respond to this solicitation please visit:

https://procurement.opengov.com/portal/collierschools

b. By registering with OPENGOV, the vendor will be able to participate in this opportunity and receive notifications for information on this solicitation, addendums, and award information.

2. ELECTRONIC SUBMITTAL

a. All responses to this solicitation must be submitted through the e-Procurement Portal. HARD, MAILED, OR DELIVERED COPIES TO CPPS WILL NOT BE ACCEPTED. All bidders are solely responsible for maintaining, up-to-date and accurate information on the e-Procurement Portal and may edit their profile at any time.

b. It is the vendor's responsibility to ensure it understands and can utilize the portal. Responses may be submitted at any time after the solicitation has been posted. All responses will remain sealed until the electronic bid opening due date and time. CCPS strongly recommends all vendors register, log-in and navigate within the portal to become familiar with the system and how to submit its responses.

c. IT IS THE BIDDER’S RESPONSIBILITY TO ENSURE ITS RESPONSE HAS BEEN SUBMITTED AND

COMPLETED IN FULL. PLEASE NOTE THE ELECTRONIC PLATFORM WILL NOT ALLOW

SUBMISSIONS OR THE UPLOADING OF DOCUMENTS AFTER THE BID DUE DATE AND TIME. ANY

INCOMPLETE BID WILL NOT BE CONSIDERED.

d. PLEASE NOTE, CCPS disclaims any responsibility of the electronic platform, or for any electronic bid not properly submitted by the due date and time within the platform. ALL SUBMITTALS, BIDS, OR PROPOSALS, ARE REQUIRED TO BE SUBMITTED BY THE DUE DATE AND TIME AS LISTED IN THE

SOLICITATION.

e. All bidders should be forewarned when submitting their bid, that additional time may be necessary to ensure it is properly uploaded and submitted by the due date and time. This includes any additional requirements or time to navigate the procurement portal.

f. The CCPS Portal Clock is the official timekeeper for the determination of all deadline dates and times.

Without exception, responses will not be accepted after the submission deadline.

3. QUESTIONS & ADDENDA

a. All questions pertaining to this solicitation shall be submitted through the portal. All questions must be submitted by the appropriate due date and time as described herein.

b. All questions will be answered via the portal and posted accordingly. Registered vendors that choose the “FOLLOW” feature will be notified once the Q&A, addenda, or other information is posted by

CCPS.

4. PORTAL ASSISTANCE

For technical assistance with the e-Procurement Portal registration or for further information on OpenGov, additional assistance, and to learn more about vendor accounts, notifications and other related information, the vendor may navigate to the OpenGov Help Center for Procurement:

https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed

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Section 1 - General Conditions & Instructions

***PLEASE READ CAREFULLY***

Failure to meet the following instructions may be cause for rejection of the bid.

CONE OF SILENCE DURING COMPETITIVE SELECTION PROCESS

A cone of silence is hereby established for all competitive selection processes including Invitations to Bid (SOLICITATION), Requests for Quotes (RFQ), Requests for Proposals (RFP), Requests for Qualifications (RFQu), and Invitations to Negotiate (ITN) for the provision of goods and services. The cone of silence is designed to protect the integrity of the procurement process by shielding it from undue influences before the recommendation of contract award. This cone of silence shall be imposed on these procurements after advertisement of same. See Attached Board Policy 6324.

1.1 Definitions

For this solicitation and evaluation to responses, the following shall apply written matter shall prevail over typed matter; numbers spelled in word form shall prevail over Arabic numerals (“one” over “1”). The word “shall” is always mandatory and not merely a directory. Furthermore, the following words and phrases shall have these meanings:

a. “CCPS” or “District” shall mean Collier County Public Schools or the

School District of Collier County, Florida.

b. “Bidder” shall mean any person, firm, or corporation who submits a bid according to this solicitation.

c. “DEPARTMENT” shall mean the Collier County Public Schools, Facilities or Maintenance Departments.

d. “Contractor” shall mean the successful bidder, whether a corporation, partnership, individual, or any combination thereof, and its, their or his successors, personal representatives, executors, administrators, and assignees.

1.2 School Board / District Policies & Administrative Procedures All School Board policies and/or administrative procedures referenced under this solicitation, if not attached hereto, may be accessed and reviewed at www.collierschools.com/schoolboard and/or may be provided by the Purchasing Department upon request.

1.3 Website Terms

All website or software terms contained in click-through agreements in connection with Contractors services are disclaimed by CCPS to the extent the terms are in addition to, conflict or are inconsistent with the terms of this Agreement.

1.4 Submissions

a. SUBMITTALS MAY BE MADE AT ANY TIME PRIOR TO THE DUE DATE

AND TIME. All submittals will remain sealed per the electronic bidding platform until the due date and time.

b. Submittals not conforming to the instructions provided herein will be subject to disqualification at the sole option of CCPS.

c. The bidder, by submitting a bid represents that:

i. It has read and understands the solicitation in its entirety and that the bid is made in accordance therewith;

ii. It possesses the capabilities, resources, and personnel necessary to provide efficient and successful service to CCPS

iii. It has made all investigations and examinations necessary to ascertain site and/or local conditions and requirements affecting the performance of the contract. If the bidder receives an award, failure to have made any necessary investigation/examination will in no way relieve the bidder from its obligations to comply with this solicitation, nor will it be a basis for any claim for additional compensation or relief.

d. All bids shall be submitted electronically via the e-Procurement Portal and received no later than the date and time as indicated herein. Any submittal received after the stated time and date will not be accepted. No hard copies of submittals will be accepted.

e. CCPS disclaims any responsibility of the electronic platform, or for any electronic bid not properly submitted by the due date and time within the platform.

f. All bids shall be acknowledged in the portal with all aspects completed and any additional documentation uploaded as requested.

g. Submittals shall contain an acknowledgement/electronic signature, of a representative authorized to legally bind the bidder of all conditions and provisions herein.

h. All uploaded documents shall be in a PDF document compatible with Microsoft 10.

i. If confidential materials are submitted, the bidder may submit a redacted copy and/or label uploaded file as confidential.

j. Once submitted and received by CCPS, all submittals become the sole property of CCPS and may be retained by CCPS or disposed of in any manner as deemed appropriate by CCPS. Furthermore, all items submitted in the proposal shall become the property of CCPS. CCPS has the right to use any and all ideas presented in any reply to this solicitation as it deems necessary and in the best interest of CCPS.

Selection or rejection of any response does not affect this right.

k. Neither CCPS nor its representatives shall be liable for any expenses incurred in connection with the preparation of a response to this solicitation. Bidder(s) should prepare their response simply and economically, providing a straightforward and concise description of its ability to meet the requirements of the solicitation.

l. The use of correction fluid or erasures to correct line-item bid prices and/or quantities is not acceptable. Corrections must be by a strikethrough (strikethrough) of the incorrect figure(s), writing in of correct figure(s), and initialing of the correction(s) by the originator.

Correction fluid of erasure corrected bids will be considered non-responsive for the corrected items only.

m. All website or software terms contained in click-through agreements in connection with Contractors services are disclaimed by CCPS to the extent the terms are in addition to, conflict or are inconsistent with the terms of this agreement.

1.5 Solicitation Opening, Process, and Posting

a. Bids will be publicly opened in the Purchasing Department, read aloud, and recorded at the time and date indicated within solicitation. Bidder(s) may but are not required to attend. CCPS will not announce prices or release other materials according to 119.07 Florida Statutes.

b. Bids will be analyzed, tabulated, and recommendations for an award, which the Superintendent intends to make to the School Board or the Purchasing Department intends to make for projects less than $50,000, will be posted by tabulation sheet at the School District of Collier County, Dr. Martin Luther King, Jr. Administrative Center, Purchasing Department, 5775 Osceola Trail, Naples, Florida 34109- 09919, as well as on-line at https://www.collierschools.com/exploreccps/budget-and-finance/purchasing and the e-Procurement Portal at https://procurement.opengov.com/portal/collierschools.

Notification to all bidder(s) will be made through the portal to all who http://www.collierschools.com/schoolboard https://www.collierschools.com/exploreccps/budget-and-finance/purchasing https://www.collierschools.com/exploreccps/budget-and-finance/purchasing

#26-039 HVAC Duct Cleaning Services Page 4 are following the project. Further notification may be made via email.

The date and time from the portal and/or email will constitute the time of notification.

c. Bidder(s) that believes it has been adversely affected by the recommendation(s) may protest under provisions of Board Policy 6320-Bid Protest attached hereto. Failure to file a protest within the time prescribed in Florida Statute 120.57(3) will constitute a waiver of proceedings under Chapter 120, Florida Statute.

1.6 Interpretation, Modifications to the Solicitation/Inquiries/Addenda

a. It is incumbent upon each bidder to carefully examine all specifications, terms, and conditions contained within the solicitation and to fully understand all items hereto.

b. Any request for interpretation or questions regarding the solicitation, whether technical, procedural, or otherwise, shall be made in writing and submitted on the School District’s eProcurement Portal

c. All requests, questions, and inquiries shall be received at least seven

(7) business days, unless otherwise stated within this solicitation, before the due date.

d. All questions will be attempted to be answered by CCPS promptly, however, CCPS is not obligated nor liable for the failure to respond to bidders’ questions before the due date of the solicitation.

e. All answers to inquiries will be posted within the portal. Answers may be a reference to the solicitation document where the answer can be found, or if further clarification is necessary, responses will be developed by appropriate CCPS employees and posted in the portal.

f. The Purchasing Department will make the determination whether an inquiry modifies the specifications and requires an official Addendum. All addenda (if necessary) will be posted within the portal. The Bidder should ensure that all addenda and amendments to the solicitation have been received before submitting its response. CCPS is not responsible to email or mail addenda directly to potential bidders

g. It is the responsibility of the bidder(s) to make sure they have all addenda associated with this solicitation. Any addenda issued shall be acknowledged and be included in submission, unless otherwise instructed on the addenda. Failure to acknowledge the addenda may result in the rejection of the submittal.

h. Only interpretations, supplemental instructions, and corrections given in writing by the Purchasing Department representative shall be binding. Bidder(s) and Prospective Contractor(s) are advised that no other source is authorized to give interpretations, supplemental instructions, corrections, or information concerning, explaining, or interpreting the solicitation. Any verbal interpretation/modification will not be considered part of this solicitation and therefore, CCPS will not be held accountable. The issuance of a written addendum is the only official method by which interpretation, clarification, or additional information can be given.

i. Additional information acquired by any other means shall not be utilized in the configuration of any vendor’s submittal and shall not be considered in the evaluation of bids submitted and shall be considered inadmissible in bid dispute proceedings. Proposers may be disqualified who solicit or receive (even if unsolicited) additional information regarding this solicitation by any other means than the process described herein.

j. No addendum will be issued later than three (3) calendar days before the due date for bids, except an addendum withdrawing the solicitation or one that includes the postponement of the date for receipt of bids.

1.7 Award

a. The School Board or Purchasing Department reserves the right to award the contract(s) to the bidder(s) that it deems to offer the lowest responsive and responsible bid(s), as defined by this solicitation. The Board and/or Purchasing Department are therefore not bound to accept a bid based on the lowest price. Award will be made to the lowest responsive, responsible bidder whose bid represents the best overall value to CCPS when considering all evaluation factors that meet or exceed the minimum requirements of this solicitation.

b. Pursuant to FS 287.05701, the School Board or Purchasing Department, in its decision to award this solicitation, will not request documentation of, consider, or give any preference based on, the bidder’s social, political, or ideological interests.

c. The School Board or Purchasing Department will award contract(s) based on bid pricing, qualifications, and references, as well as the bidder’s ability to meet or exceed the minimum requirements of this solicitation.

d. During the evaluation and review of the bid(s), CCPS may consider any information or evidence which comes to its attention. This information may be utilized in determining the bidder’s capability to fully perform the services of this solicitation and/or the bidder’s level of integrity and reliability that is required to assure satisfactory performance of any award or contracts produced from this solicitation.

e. To be considered for an award, each bidder must fully complete the solicitation and provide all necessary documentation to fully demonstrate the bidder’s capabilities and qualifications. Failure to complete solicitation or supply the required documentation will be grounds for the rejection of the bid.

f. CCPS retains the option of awarding a single contract, based on the overall low bid for all items, or awarding multiple contracts, based on the low bid per item, group of items, or any combination thereof.

Furthermore, CCPS reserves the right to award to primary and alternate vendors to ensure a source of supply is readily available.

g. This solicitation does not commit the School Board to make an award nor shall CCPS be responsible for any cost or expense incurred by any contractor before the execution of a purchase order or contract agreement.

h. The obligations of CCPS under an award of this solicitation are subject to the availability of funds lawfully appropriated for its purpose. All purchases are contingent upon available funding.

i. All award(s) made as a result of this solicitation shall conform to applicable School Board Policies, State Board Rules, and State of Florida Statutes.

j. CCPS reserves the right to award only a portion of the items and/or services specified if it is deemed to be in its best interest.

1.8 Funding Out/Termination/Cancellation

a. Florida Laws prohibit public employers from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year-to-year extension provisions in the agreements.

b. It is necessary that fiscal funding out provisions be included in all proposals in which the terms are for periods longer than one (1) year.

c. The following funding out provisions are an integral part of this solicitation and must be agreed to by all respondents:

CCPS may, during the contract period, terminate or discontinue the services covered in this proposal at the end of CCPS’s then current fiscal year upon ninety (90) days prior written notice to the successful respondent. Such written notice will state:

i. That the lack of appropriated funds is the reason for termination, and

ii. “This written notification will thereafter release CCPS of all further obligations in any way related to the services covered herein.”

iii. The Funding Out statement must be included as part of any agreement. No agreement will be considered that does not include this provision for “funding out.”

1.9 Submittal Withdrawal

No bid or submittal shall be withdrawn without the consent of CCPS for forty-five (45) days after the opening of bids. All prices shall remain firm within the period stated for purposes of analysis and determination of the lowest and best bid.

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1.10 Submittal Rejection

CCPS reserves the right to reject all bids, in whole or in part, and to waive any bid formalities. Furthermore, CCPS reserves the right to re-advertise for other bids or to bid separately on any projects deemed to be in the best interest of CCPS.

1.11 Unreasonable Solicitation

CCPS is not bound to accept any bid, quote, or proposal it may receive under this solicitation. Also, CCPS will reject submittals that are considered to have been priced unreasonably low and will determine the vendor to be Non-Responsive. Unreasonable low pricing shall be at the determination of CCPS.

1.12 Non-Exclusive Contract

Any contract award(s) resulting from this solicitation shall not be construed as an exclusive means for CCPS to acquire services, equipment, supplies, commodities, and/or maintenance and related services for such items, as outlined in this solicitation. CCPS reserves the right, during the term of this contract, to issue separate formal and/or informal competitive solicitations for the acquisition of these services or commodities. Furthermore, CCPS reserves the right to enter into purchase agreements for these commodities/services based on awards made by the State of Florida, other governmental entities, other CCPS awards, or contracts available through national purchasing alliances.

1.13 State of Florida Purchasing Agreements/Contracts

The State of Florida purchasing agreements and contracts available under FS 287.056 have been reviewed.

1.14 Termination of Contract

a. In the event the successful contractor violates any of the provisions of the contract, CCPS may serve written notice upon such bidder of its intention to terminate the contract. Such notice is to state the reasons for intention to terminate the contract, and, unless five (5) days after serving such notice upon the bidder, such violation(s) cease and satisfactory arrangements for correction are made, the contract shall, upon expiration of said five (5) days, cease and terminate, but the liability of such bidder and his surety for all such violation(s) shall not be affected by any such termination.

b. CCPS shall retain the right to terminate the contract without cause, with thirty (30) days of written notice. If said contract should be terminated for convenience as provided herein, CCPS will be relieved of all obligations under said contract. CCPS will only be required to pay to the Contractor the amount of the contract performed to the date of termination.

c. A repeated instance of failure to perform may result in immediate cancellation of the contract and removal of the Contractor from consideration on other CCPS contracts for a duration of the contract period or for three (3) years, whichever is longer, at the discretion of the Director of Purchasing.

d. Any apparent and/or clear violation of any of the items listed herein or board policy may be grounds for immediate termination of the entire contract or site where the violation occurred. Any such cancellation will be grounds for the company to be disbarred from doing any type of business with CCPS, for a period of time as determined by the Director of Purchasing.

e. In the event the Contractor wishes to terminate the contract, it must submit its request in writing to the Purchasing Department. The request must give a 30-day notice of cancellation and should list any reasons why the contract is being terminated. Failure to give proper notice may result in the withholding of monies owed or reduction of monies owed for any expense incurred from failure to submit a proper notification of cancellation.

1.15 Pricing

a. All pricing submitted will be firm for the duration of the contract.

b. Pricing shall be based on FOB Collier County, Florida, and will include all packaging, handling, shipping charges, and delivery to any point within Collier County, Florida, to a secure area or inside delivery. No other additional monies will be permitted.

c. CCPS is exempt and does not pay Federal Excise and State of Florida Sales taxes. Certificate of exemption available upon request.

d. Any discrepancy or error in bid pricing, the unit price will govern. All calculation errors will be recomputed by the Purchasing Department.

1.16 Tie Bids/Pricing

If a tie bid, either lump sum, total, or unit price per item, is discovered, the deadlock will be decided upon using the following order:

a. Bidders that certify it is a drug-free workplace.

b. Bidders that receive the larger majority of dollar awards on other items within the solicitation.

c. All else being equal, a coin toss will be made to decide the award.

1.17 Additional Terms

CCPS reserves the right to reject offers or bids containing alternative terms or conditions, or additional terms and conditions contradictory to those requested in the solicitation.

1.18 Content of Solicitation/Bidder Response

The contents of this solicitation, all terms, conditions, specifications, and requirements included herein, and the accepted and awarded response thereto will be incorporated into an agreement to purchase and become legally binding. Any terms, conditions, specifications, and/or requirements specific to the item or service requested herein shall supersede the requirements of the “GENERAL CONDITIONS &

INSTRUCTIONS.”

1.19 Order Placement, Purchase Orders and Procurement Cards

Award does not constitute any order(s). After approval of an award has been made of this solicitation, CCPS will place orders utilizing one of the following procedures:

a. CCPS issued purchase orders (blanket or normal): Purchase orders will be either a blanket purchase order to cover a specific time and dollar amount for multiple purchases against it, or a normal purchase order that is issued for specific items.

b. School/Site-based internal account purchase order: A specific site or school will issue a purchase order through the site’s bookkeeper and will be processed at the school level. Please note that schools may vary in their ordering and payment procedure.

c. Procurement Card: Sites or departments may place orders utilizing a CCPS-issued procurement card. Only authorized staff will be allowed to submit orders via the procurement card. The bidder, by submitting a proposal, agrees to accept procurement cards as a manner of ordering and payment, and may not add additional handling charges or service fees to purchases made with procurement cards.

Furthermore, refusal to accept this condition may be cause for rejection of bid and/or termination of contract.

The contractor (s) shall not provide any items or services on any CCPS initiated order without one of the above ordering methods. It will be the responsibility of the Contractor to fully understand the order and how and when to process it according to how the order is placed. Failure to allow orders to be placed by any of the above methods may be cause for rejection of bid and/or termination of the contract. Furthermore, an awarded vendor shall never change, alter, increase, or exceed a purchase order without the expressed written authorization of the Purchasing Department.

1.20 Survivability

The Consultant/Contractor/Vendor agrees that any purchase order that extends beyond the expiration date of the original solicitation or contract expiration will survive and remain subject to the terms and conditions of this agreement until the completion of a project and/or termination of said purchase order.

1.21 Invoicing & Payment

a. The contractor will be required to submit invoices as it supplies/services CCPS. All invoices and correspondence shall be legibly written, typed, or computer-generated and dated.

b. All invoices shall reference a valid/current purchase order number.

Failure to provide a current purchase order will be cause for delay in payment or non-payment.

c. Invoices and statements shall be mailed directly to:

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Collier County Public Schools Accounts Payable Department 5775 Osceola Trail Naples, Florida 34109

d. Invoices shall reference a CCPS-issued incident or work order number when applicable.

e. The contractor shall issue separate invoices for each purchase order number unless special instructions are given.

f. Payment will be made within thirty (30) days after acceptance of the invoice.

g. Invoices that do not reference valid purchase order numbers or which are erroneous (incorrect pricing, additional fees, incorrect purchase order) may be returned to the Contractor for resolution. Payment will not be made until all discrepancies are corrected and approved.

h. All invoices will be itemized to reflect all rates or discounts per this solicitation. Lump-sum invoices will not be accepted. Failure to provide itemized invoices will be cause for delay in payment or non-payment.

1.22 Hold Harmless & Indemnification Agreement

CCPS and the contractor do hereby agree to indemnify and hold harmless the other, its employees, agents, officials and related entities from and against any and all losses, liabilities, damages, and expenses (including reasonable attorneys’ fees and expenses as incurred) which it or any of them may incur or be obligated to pay in any action, claim or proceeding against any of them by a third party, for or by reasons of their negligent acts, whether of omissions or commission, arising out of related to, or in connection with this solicitation and any subsequent contract / agreement or any other circumstances arising out of related to, or in connection with this solicitation and any subsequent contract / agreement.

1.23 Protection of Property

The contractor shall at all times guard CCPS property against damage or loss to property. The contractor shall replace any loss, repair any damage to CCPS property, attainable to the contractor or its associate(s). CCPS may withhold payment or make such deductions, as it might deem necessary to ensure reimbursement for loss or damage to property through negligence of the Contractor.

1.24 Safety Standards

The bidder warrants that the products/services supplied to CCPS shall conform in all respects to the standards outlined in the Occupational Safety and Health Act, as amended. Failure to comply with this condition will be cause for termination of the contract.

1.25 New Items/Warranty

a. Represents and warrants that the goods, materials, supplies, or components offered to CCPS under this solicitation are NEW, not used, or reconditioned, and are not of such age or so deteriorated as to impair their usefulness or safety and that the goods, materials, supplies, or components offered are current production models of the respective manufacturer.

b. Bidder agrees that the product and/or service furnished as a result of this solicitation and award thereto, is NEW and shall be covered by the most favorable commercial warranty the Bidder gives to any customer for comparable quantities of such products and/or services and that the right and remedies provided herein are in addition to and do not limit any rights afforded to CCPS by any other provision of the solicitation.

c. During the warranty period, the Contractor must repair and/or replace any faulty item without cost to CCPS, with the understanding that all replacements shall be NEW and also carry the same warranty as the original equipment. The Contractor shall make any such repairs and/or replacements immediately upon receiving notice from CCPS staff. The Contractor further warrants that the item(s) and or services provided are fit, and otherwise conforming, for the purpose(s) intended by CCPS.

1.26 Public Entity Crimes

Bidders shall be aware of the provision of paragraph (2)(a) of Section 287.133, Florida Statutes which reads as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime, may not submit a bid on a contract to provide any goods or services with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, for CATEGORY TWO for 36 months from the date of being placed on the convicted vendor list”.

1.27 Discrimination

An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a contract to provide goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.

1.28 Bullying, Harassment & Title IX

Vendor, contractor, and all affiliates agree to abide by provisions of Board Policies 3362, 5517, 5517.01, and 2266, which proscribe any acts of harassment and/or bullying and any related acts covered by Title IX, toward District students and District staff.

1.29 Minority, Small and Women-Owned Businesses (MWBE)

CCPS encourages the use of minority, small, and women-owned businesses and enterprises (MWBE). The contractor agrees to ensure MWBEs are used whenever possible, such as when participating as partners, joint-ventures, prime contractors, sub-contractors, and in other contracting opportunities. Bidder may submit a certification or other documentation of its MWBE practices.

1.30 Conflict of Interest

The award hereunder is subject to the provisions of Chapter 112 Florida Statutes. Bidder shall complete Exhibit A – “Conflict of Interest Statement” attached hereto and submit it with the bid. Failure to provide shall be grounds for rejection of the bid.

1.31 Unauthorized/Illegal Aliens

CCPS shall consider the employment by any Contractor of unauthorized/illegal aliens in violation of Section 274A of the Immigration and Nationality Act. Such violation shall be cause for immediate termination of the contract(s). Furthermore, the bidder shall complete the attached Exhibit B - “Contractor’s Affidavit Concerning Illegal Aliens” and submit with its bid. Failure to complete this affidavit will be a cause for the rejection of the bid.

1.32 Debarment

All contractors receiving individual awards, using federal funds, and all subcontractors, certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Bidder shall complete the attached Exhibit C - “Debarment Form” and submit it with its proposal.

Failure to complete will be cause for rejection of the bid. Instructions are also attached.

1.33 Drug-Free Workplace Certification

CCPS supports and encourages initiatives to keep the workplace of Florida’s suppliers and contractors drug-free. In cases where identical tie bids are received, preference shall be given to a bid received from a vendor that certifies it has implemented a drug-free workforce program.

If applicable, the bidder shall sign and submit Exhibit D - “Drug-Free Workplace Certification”, attached hereto, to certify that the respondent has a drug-free workplace program.

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1.34 Coercion for Labor & Services

The award hereunder is subject to the provisions of Section 787.06(13) Florida Statutes. The proposer shall complete Exhibit E – “Affidavit Regarding the use of Coercion for Labor & Services” attached hereto and submit it with the solicitation. Failure to provide shall be grounds for rejection of the submittal.

1.35 Smoke and Tobacco Free-Environment

According to School Board Policy No. 3215, 5512, and 7434, all CCPS facilities, both interior and exterior spaces, have been deemed a tobacco-free environment. The use of tobacco or tobacco products in any form is strictly prohibited on any CCPS site. Violations of this policy will result in the removal of said violator from the property. Repeated violations may result in the termination of the contract.

1.36 Possession of Weapons & Other Destructive Devices

a. Possession of weapons and other destructive devices will not be tolerated on any CCPS property (except authorized law enforcement personnel, or persons pre-approved by the Superintendent). The term "weapon" and/or "destructive device" means any object which, in the manner in which it is used, is intended to be used, or is represented, is capable of inflicting death, serious bodily injury, or property damage, as well as endangering the health and safety of persons. Weapons and destructive devices include, but are not limited to, firearms, guns of any type, bombs, explosives, explosive devices, poison gas, knives, razors, clubs, electric weapons, metallic knuckles, martial arts weapons, ammunition, or any other category of weapon and/or destructive device as outlined in F.S. 790.001.

b. CCPS prohibits anyone from keeping any weapon or firearm in a private vehicle on school property, even if the weapon/firearm stays in the vehicle, is securely encased, and is not readily accessible for immediate use, except as authorized in support of school-sanctioned and supported activities including, but not limited to, property leased, owned, or contracted for by CCPS, a school-sponsored event, or in a CCPS vehicle

c. If any employee of an independent contractor or subcontractor is found to have brought a firearm on CCPS property, said employee will be terminated from the project by the independent contractor or sub-contractor. If the subcontractor fails to terminate the said employee, the subcontractor's agreement with the independent contractor for the project shall be terminated. If the independent contractor fails to terminate the employee or fails to terminate the agreement with the subcontractor who fails to terminate the said employee, the independent contractor's agreement with CCPS shall be terminated.

1.37 Force Majeure

The contractor(s) shall not be held responsible for failure to perform the duties and responsibilities imposed by the contract due to legal strikes, fires, riots, rebellions, health, or safety emergencies (including but not limited to, pandemics, local outbreaks of diseases, and breakdowns of water supplies), and acts of nature beyond the control of the contractor(s), unless otherwise specified.

1.38 Public Records

a. According to subsection 119.071(1)(b) Florida Statutes, 2013 “sealed bids, proposals, or replies received by the District according to a competitive solicitation are exempt from the Public Records Act (Chapter 119) and Section 24(a), Article 1 of the Florida Constitution until the District provides notice of an intended decision or until thirty

(30) days after opening the bids, proposals, or final replies, whichever is earlier.”

b. All bid documents or other materials submitted by the Bidder in response to this solicitation will be open for inspection, upon request, by any person and per Chapter 119, Florida Statutes. Only trade secrets as defined in Section 812.081, Florida Statute shall be exempt from disclosure.

c. CCPS has the right to use any or all documents, submittals, or ideas presented in any response to this solicitation. Selection or rejection of any submittal does not affect this right.

d. If CCPS rejects or cancels a solicitation and intends to reissue, then all bids, proposals, or replies submitted, will remain exempt from public records, and may be returned unopened.

e. Per Florida Law, Contractor shall also maintain all records, and must:

i. Keep and maintain public records that ordinarily and necessarily would be required by the public agency to perform the service;

ii. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law;

iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law;

iv. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon the termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency.

IF THE CONTRACTOR HAS QUESTIONS

REGARDING THE APPLICABILITY OF

CHAPTER 119, FLORIDA STATUTES, TO

THE CONTRACTOR’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING TO THIS

CONTRACT, CONTACT THE CUSTODIAN

OF PUBLIC RECORDS AT TELEPHONE

NUMBER, (239) 377-0457, E-MAIL

ADDRESS:

woodsdo@collierschools.com, MAILING ADDRESS, 5775 OSCEOLA

TRAIL NAPLES FL 34109.

1.39 Disputes

In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of CCPS shall be final and binding on both parties.

1.40 Misrepresentation

All information submitted and representations made by the bidder are material and important and will be taken into account by CCPS when awarding the solicitation. Any misstatement or omission (a “Misrepresentation”) shall be treated as fraudulent concealment of the facts relating to the submission of the solicitation. A misrepresentation shall be a basis to reject or disqualify the bidder from this solicitation, and any re-solicitation about this subject matter (regardless of whether the re-solicitation resulted from Respondent’s misrepresentation), and shall be punishable under law, including, but not limited to, Chapter 817, F.S.

1.41 Governing Laws and Venue

a. If the awarded proposer(s) should breach this contract CCPS reserves the right to seek remedies in law and/or in equity.

b. All legal proceedings brought in connection with this contract shall only be brought in a state or federal court located in the State of Florida. Venue in state court shall be in Collier County, Florida. Venue in federal court shall be in the United States District Court. Each party hereby agrees to submit to the personal jurisdiction of these courts mailto:woodsdo@collierschools.com

#26-039 HVAC Duct Cleaning Services Page 8 for any lawsuits filed there against such party arising under or in connection with this contract. If a legal proceeding is brought for the enforcement of any term of the contract, or any right arising therefrom, the parties expressly waive their respective rights to have such action tried by jury trial and hereby consent to the use of non-jury trial for the adjudication of such suit.

c. All questions concerning the validity, operation, interpretation, construction, and enforcement of any terms, covenants, or conditions of this contract shall in all respects be governed by and determined per the laws of the State of Florida without giving effect to the choice of law principles thereof and unless otherwise preempted by federal law.

1.42 E-Verify

a. According to FS 448.095, the Contractor shall use the U.S. Department of Homeland Security’s E-Verify system, www.everify.gov, to verify the employment eligibility of all employees hired during the term of this Agreement.

b. Subcontractors

(i) The contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement.

(ii) Subcontractors shall provide Contractor with an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined by FS

448.095.

(iii) The contractor shall provide a copy of such affidavit to District upon receipt and shall maintain a copy for the duration of the

Agreement.

c. The contractor must provide evidence of compliance with FS 448.095 by January 1, 2021. Evidence may consist of, but is not limited to, providing notice of the Contractor’s E-Verify number.

d. Failure to comply with this provision is a material breach of the

Agreement, and the District may choose to terminate the Agreement at its sole discretion. The contractor may be liable for all costs associated with the District securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs

(if necessary).

1.43 Civil Rights

The contractor shall comply with Title VI of the Civil Rights Act of 1964, as amended; USDA regulations implementing Title IX of the Education Amendments; Section 504 of the Rehabilitation Act of 1973; Age Discrimination Act of 1975; 7 C.F.R. Parts 15, 15a, and 15b; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement—Nutrition Programs and Activities, and any additions or amendments.

1.44 Buy American

CCPS shall procure any agricultural commodity and/or food product, to the maximum extent practicable, that is produced/processed in the United States per 7 CFR, 201.21. Furthermore, except in instances where certain food commodities or products are not available from production in the United States:

a. no food items covered by this solicitation are to be imported, imported and repacked, or imported and labeled with an American Processor or Distributor.

b. all American and Genuine Florida meats or meat products shall be granted preference as allowed by Section 287.082 FS.

1.45 Prohibition of Gratuities

By submission of a bid, a contractor certifies that no employee of SFA has or shall benefit financially or materially from such bid or subsequent contract. Any contract issued because of this solicitation may be terminated at such time as it is determined that gratuities of any kind were either offered or received by any of the aforementioned persons.

1.46 Recovered Materials

A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

1.47 Other Provisions

Bidder attests, via signatory on the acknowledgment page, to the applicable certification and adherence to the provisions listed below:

a. Energy Policy and Conservation (42 US Code 6201),

b. Equal Employment Opportunity (41 CFR 60-1.4(5)),

c. Funding Agreement (Rights to Inventions) (37 CFR 401.2 (a))

d. Contract Work Hours and Safety Standards Act (29 CFR Part 5)

e. Clean Air and Water Pollution Acts (42 USC 7401-7671q and 33 USC

1251-1387)

f. Acquisition of Unnecessary or Duplicative Items (2 CFR 200.318(d))

g. Byrd Anti-Lobbying Amendment (31 USC 1352)

h. Scrutinized Companies (FS 287.135)

1.48 Other Agencies

Contractor(s) may permit any school board, community college, state university, municipality, or other governmental entity, including Public Charter Schools to participate in the awarded contract under the same prices, terms, and conditions. It is understood that each entity will issue its purchase order to the Contractor(s).

1.49 Additional Information

a. CCPS reserves the right to request any additional information, after the bid opening, to further clarify or explain any information submitted with the bid.

b. CCPS reserves the right to allow for the clarification of questionable entries and the correction of obvious mistakes.

***CCPS reserves the right to reject any and/or all bids, in whole or in part, and to waive any and all bid formalities, as may be deemed to be in the best interest of CCPS.*** http://www.everify.gov/

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Section 2 - Requirements

2.1 Purpose

The purpose of this solicitation is to find responsible contractor(s) to provide materials and labor necessary to perform HVAC duct cleaning and related services, which may be necessary at various sites located throughout CCPS. Services will be for any CCPS sites as necessary and will be performed in conjunction and with the full knowledge of the Facilities Department. The Bidder(s) shall abide by the minimum requirements set hereto. All items to be utilized as scheduled and as needed throughout the course of the contract.

2.2 Contract & Term

a. The contents of this solicitation and all provisions of the awarded the bidder’s submittal shall be considered a contract and become legally binding. A separate contract document, other than the purchase order, may not be issued.

b. All prices bid shall be for a period beginning July 1, 2026, and ending June 30, 2028. The contract may be renewed on expiration date of original contract or renewal. Renewals may be accomplished for up to two

(2) times, provided the price schedule remains unchanged, or price decrease is set at a price acceptable to the vendor(s) and CCPS.