HVAC_Water_Treatment_Supply_and_Service.pdf

THE SCHOOL BOARD OF BREVARD COUNTY, FLORIDA

PROCUREMENT & DISTRIBUTION SERVICES

2700 Judge Fran Jamieson Way

Viera, FL 32940

INVITATION TO BID

SCOPE OF WORK AND SPECIAL TERMS &CONDITIONS

27-0212-B-MC, HVAC WATER TREATMENT SUPPLY

AND SERVICE

ALL PROPOSALS DUE BY: Wednesday, September 30, 2026 BY 2:00 PM ET

NOTE: PROPOSALS RECEIVED AFTER THE DUE DATE AND TIME WILL NOT BE ACCEPTED.

PRE-PROPOSAL MEETING: UNDEFINED

PROCUREMENT CONTACT: MICHELLE CHERRY, SR. PROCUREMENT AGENT

PHONE: (321) 633-1000 EXT: 11630

EMAIL: CHERRY.CYNTHIA@BREVARDSCHOOLS.ORG

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/brevardschools https://secure.procurenow.com/portal/%7bproject.government.code%7d

1. Introduction

1.1. 1.1. ..................................................................................................... Summary

NOTICE IS HEREBY GIVEN that The School Board of Brevard County, Florida, henceforth referred to as the District or School Board is accepting sealed responses for

HVAC Water Treatment Supply and Service (27-0212-B-MC).

Project Overview

The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed bids to provide heating, ventilation, and air conditioning (HVAC) water treatment supplies and services for The School Board of Brevard County, Florida, as specified in this ITB.

The deadline to submit questions related to this solicitation is 2:00 pm on Friday, September 11, 2026.

Sealed responses for furnishing the above will be accepted up to 2:00 pm on

Wednesday, September 30, 2026.

NOTE: Respondents are required to submit responses electronically via the

OpenGov e-Procurement Platform. Respondents shall not be permitted to hand-deliver, mail, telephone, fax or email offers.

Responses received after the submission deadline and/or transmitted outside of the designated OpenGov e-Procurement Platform shall be rejected.

1.2. 1.2. ..................................................................................... Contact Information

Deadline for Questions

The deadline to submit questions related to this solicitation is 2:00 pm on Friday, September 11, 2026.

Questions regarding this solicitation are to be submitted directly through the OpenGov

Question & Answer portal. Any questions submitted after the date and time specified may not be considered.

Procurement Contact

Do not contact any District employee or official regarding this solicitation except the procurement agent listed below:

Michelle Cherry

Sr. Procurement Agent cherry.cynthia@brevardschools.org

(321) 633-1000 Ext: 11630

Requesting Department

FAC-Plant Operations & Maintenance/9562

1.3. 1.3. ...................................................................................................... Timeline

Release Project Date: September 2, 2026

Question Submission Deadline: September 11, 2026, 2:00pm

Proposal Submission Deadline: September 30, 2026, 2:00pm

2. Scope of Work

The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed bids to provide

HVAC water treatment supplies and services for The School Board of Brevard County, Florida, as specified in this ITB.

2.1. 2.1. ...................................................................................... Intent and Purpose

The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed Bids to furnish HVAC Water

Treatment Supply and Servicein accordance with the requirements, specifications, and terms contained in this solicitation.

Awards will be made to lowest responsible, responsive bidders, with the lowest cost contractor designated as the Primary Contractor and the second lowest cost contractor designated as the Secondary (Alternate) Contractor.

2.2. 2.2. ................................................. SCOPE OF GOODS AND/OR SERVICES

The Awarded Bidder shall provide all labor, supervision, chemicals, consumable materials, testing equipment, monitoring instruments, reporting, documentation, project management, and related services necessary to furnish a comprehensive water treatment program for District facilities.

Systems covered under this contract include:

A. Open recirculating cooling tower systems

B. Condenser water systems

C. Closed-loop chilled water systems

D. Closed-loop heating hot water systems

E. Domestic hot water systems

F. Other HVAC water systems identified during the contract term

The District currently operates approximately eighty-five (85) facilities representing approximately 14,000 tons of installed cooling capacity.

Services shall be provided on a fixed monthly price basis. All costs associated with chemicals, testing, sampling, reporting, calibration, routine equipment maintenance, labor, travel, and administration shall be included in the pricing.

No additional compensation shall be paid for items reasonably required to perform the services described herein.

2.3. 2.3. ............................................................................... DISTRICT FACILITIES

A facility listing is provided as Attachment "E"

Facilities added during the contract term may be incorporated through a mutually agreed adjustment. Facilities removed from service shall result in a corresponding contract reduction.

2.4. 2.4. ....................................................................... PROGRAM MOBILIZATION

The Awarded Bidder shall submit a preliminary Water Treatment Program Plan for

District review within thirty (30) days of issuance of a PO.

The Plan shall include:

A. Treatment objectives by system type

B. Proposed treatment products and Safety Data Sheets (SDS)

C. Service schedules

D. Staffing assignments and emergency contacts

E. Calibration procedures

F. Reporting formats

G. Preliminary Water Management Plan framework in accordance with ASHRAE

A final Program Plan shall be submitted following completion of baseline inspections.

2.5. 2.5. ..................................................... CHEMICAL SUPPLY AND MATERIALS

The Awarded Bidder shall furnish all chemicals and materials required to maintain system performance standards established in this ITB.

Chemicals shall:

A. Be delivered, stored, and handled in compliance with applicable regulations

B. Preference shall be given to products with the lowest practical HMIS hazard ratings and reduced environmental impact where commercially available.

C. Be free of chromates, arsenates, and other heavy-metal corrosion inhibitors

D. Be NSF/ANSI 60 certified when required for products used in systems with potential potable water contact

The District reserves the right to reject any product determined to present unreasonable health, safety, or environmental risks.

2.6. 2.6. ............................................................................. SERVICE PERSONNEL

Technicians assigned to District facilities shall:

A. Have a minimum of two (2) years of commercial HVAC water treatment experience

B. Demonstrate competency in cooling tower chemistry, closed-loop treatment, sampling procedures, and control equipment operation

C. Carry photo identification

D. Comply with all District visitor and security procedures

2.7. 2.7. ................................................................................. SUBCONTRACTORS

The Awarded Bidder may utilize qualified subcontractors with prior notice to the District.

The Awarded Bidder shall remain fully responsible for all Subcontractor performance and compliance with contract requirements.

2.8. 2.8. ............................... WATER TREATMENT PROGRAM REQUIREMENTS

The Awarded Bidder shall design and operate a water treatment program that:

A. Minimizes scale formation

B. Controls corrosion

C. Maintains microbiological control

D. Maximizes water efficiency

E. Complies with applicable regulations and industry standards

The District encourages the use of treatment technologies that reduce chemical use, minimize environmental impact, and support safe operation in occupied educational facilities.

Alternative treatment approaches may be proposed provided they demonstrate equivalent or superior performance.

2.9. 2.9. ................................. COOLING TOWER PERFORMANCE STANDARDS

The Awarded Bidder shall maintain cooling tower systems within the following target ranges:

Parameter Target Range pH 7.5 - 8.5

Conductivity 800 - 1,500 µS/cm

Cycles of Concentration 3.0 - 5.0

Calcium Hardness 200 - 400 mg/L

Total Alkalinity 100 - 300 mg/L

LSI -0.5 to +0.5

Biocide Residual 0.5 - 2.0 ppm

HPC <10,000 CFU/mL

Legionella Non-Detect

The Awarded Bidder shall take corrective action whenever results exceed established action limits.

2.10. 2.10. ................................................. CLOSED-LOOP SYSTEM STANDARDS

Closed-loop chilled water and heating systems shall be maintained within the following ranges:

Parameter Chilled Water Heating Water pH 8.0 - 9.5 8.5 - 10.0

Nitrite 800 - 1,200 mg/L 800 - 1,400 mg/L

Azole 20 - 50 mg/L 20 - 50 mg/L

Conductivity 500 - 2,500 µS/cm 500 - 2,500 µS/cm

Iron <0.5 mg/L <1.0 mg/L

Copper <0.1 mg/L <0.1 mg/L

Corrosion inhibitors shall be compatible with the installed feed equipment and comply with Section 2.2.

2.11. 2.11. .......................................................DOMESTIC HOT WATER SYSTEMS

The Awarded Bidder shall monitor domestic hot water systems for scale, corrosion, and

Legionella risk.

Recommendations shall be consistent with applicable CDC guidance, ASHRAE

Standard 188, and equipment operating requirements.

2.12. 2.12. .............................................................. WATER MANAGEMENT PLANS

The Awarded Bidder shall develop, implement, and maintain Water Management Plans

(WMPs) in accordance with ASHRAE Standard 188. Requirements for WMP development, implementation, monitoring, and annual review are provided in Section

2.15 LEGIONELLA RISK MANAGEMENT.

Plans shall be reviewed annually and updated following significant system modifications or water quality events.

2.13. 2.13. ........... INITIAL SYSTEM ASSESSMENT AND BASELINE INSPECTION

A. Schedule

Within forty-five (45) calendar days of the final award, the Awarded Bidder shall complete a baseline assessment of all covered systems at District facilities covered under this contract.

Inspections shall be coordinated with the District's Facilities Services Division to minimize disruption to operations.

B. Baseline Assessment Requirements

The Awarded Bidder shall prepare a Baseline Inspection Report (BIR) for each facility that documents the existing condition of covered water systems and establishes operational benchmarks for the treatment program.

At a minimum, each report shall include:

A. Facility name, address, facility identification number, and inspection date.

B. Inventory of cooling towers, including major equipment identification and general operating condition.

C. Inventory of closed-loop chilled water, heating water, condenser water, and glycol systems, including system type and approximate volume where available.

D. Inventory of domestic hot water equipment and operating temperatures.

E. Inventory and condition assessment of existing chemical feed, control, and monitoring equipment.

F. Representative photographs of system components and treatment equipment.

G. Baseline water quality test results.

H. Identification of existing scale, corrosion, fouling, biological growth, equipment deficiencies, or operational concerns.

I. Recommended corrective actions and priority ranking of identified deficiencies.

J. Information necessary to support development of the facility Water Management

Plan required under 2.12.

C. Condition Ratings

The Awarded Bidder shall classify observed system conditions using the following categories:

A. None

B. Light

C. Moderate

D. Heavy

Ratings shall be applied to scale, corrosion, fouling, and biological growth conditions where applicable.

D. Reporting Requirements

Baseline Inspection Reports shall be submitted electronically within five (5) business days of completion of each facility inspection.

Reports shall be provided in searchable PDF format and, upon request by the District, in an editable format.

E. Immediate Corrective Action Notification

If the baseline inspection identifies conditions that pose a significant risk to system operation, water quality, health, safety, or regulatory compliance, the Awarded Bidder shall notify the District in writing within twenty-four (24) hours and provide recommended corrective actions.

Examples include:

• Failed chemical feed equipment

• Significant microbiological growth

• Major scaling or corrosion conditions

• Inoperative monitoring equipment

• Conditions requiring action under the facility Water Management Plan

2.14. 2.14. .................................................................. COOLING TOWER SERVICE

A. Service Frequency

Each cooling tower system shall receive:

A. Minimum two (2) service visits per month during the cooling season ( April-

October)

B. Minimum one (1) service visit per month during non-cooling periods ( November-

March)

Additional visits may be required when corrective actions are necessary to restore compliance with contract performance standards.

B. Service Visit Requirements

At each service visit, the Awarded Bidder shall:

A. Inspect tower basins, fill, drift eliminators, distribution piping, and associated equipment.

B. Perform field testing for all applicable water quality parameters.

C. Evaluate chemical feed and control equipment operation.

D. Verify controller settings and calibration.

E. Document operating conditions and corrective actions.

F. Collect microbiological samples in accordance with the facility Water

Management Plan.

C. Biological Control Program

The Awarded Bidder shall implement a biological control program designed to maintain microbiological parameters and Legionella levels within the performance requirements established in this ITB.

The District prefers treatment approaches that combine multiple control measures, including chemical and physical disinfection technologies, where practical and cost effective. Contractors may propose alternative treatment methodologies provided performance requirements are achieved and documented.

D. Makeup Water and Blowdown Management

The Awarded Bidder shall optimize system operation to:

A. Maintain target cycles of concentration.

B. Reduce water consumption.

C. Minimize scaling and corrosion potential.

D. Monitor bleed-off and makeup water where metering is available.

Water use summaries shall be included in quarterly reports.

2.15. 2.15. ........................................................ LEGIONELLA RISK MANAGEMENT

A. Water Management Plan

The Awarded Bidder shall develop, implement, maintain, and annually update Water

Management Plans (WMPs) for applicable facilities in accordance with ASHRAE

Standard 188.

Each WMP shall include:

A. System inventory

B. Flow diagrams

C. Hazard analysis

D. Control measures

E. Monitoring procedures

F. Corrective actions

G. Documentation requirements

B. Monitoring Requirements

At a minimum, the Awarded Bidder shall conduct:

A. Routine microbiological monitoring as defined within each facility WMP.

B. Quarterly Legionella testing of active cooling towers.

C. Additional testing following major system interruptions, disinfection activities, or suspected Legionella events.

Samples shall be analyzed by an accredited laboratory.

Action Levels

Legionella Result Required Action

Non-Detect Continue routine monitoring

1-9 CFU/mL Review controls, increase treatment as necessary, re-test within 7 days

10-99 CFU/mL Immediate corrective action, system evaluation, and re-test within 3 days

≥100 CFU/mL Immediate notification, remediation plan, and consideration of system shutdown pending

District direction

C. Emergency Response

For any confirmed or suspected Legionella event, the Awarded Bidder shall:

A. Notify the District within two (2) hours.

B. Conduct site evaluation and implement corrective measures.

C. Collect follow-up samples.

D. Submit a written incident report and root-cause analysis.

E. Verify acceptable results prior to returning to normal operating status.

2.16. 2.16. .............................................. CLOSED-LOOP AND GLYCOL SYSTEMS

A. Treatment Program

The Awarded Bidder shall maintain closed-loop systems using corrosion and scale inhibitors that comply with Section 2.5 requirements.

B. Service Frequency

Closed-loop systems shall receive a minimum of one (1) service visit per month.

The Awarded Bidder shall:

A. Test system chemistry.

B. Verify inhibitor concentrations.

C. Inspect feed equipment and controls.

D. Evaluate system condition.

E. Document all findings and corrective actions.

C. System Cleaning and Passivation

The Awarded Bidder shall identify systems requiring cleaning or passivation and provide recommendations for District approval before initiating work.

D. Glycol Systems

Where glycol is present, the Awarded Bidder shall monitor:

A. Concentration

B. pH

C. Inhibitor levels

D. Reserve alkalinity

Recommendations for replenishment, re-inhibition, or replacement shall be documented when conditions warrant.

E. High Temperature Systems

Heating water systems shall receive treatment appropriate for operating temperatures and system conditions.

2.17. 2.17. ................................. CHEMICAL FEED EQUIPMENT AND CONTROLS

A. Contractor-Supplied Equipment

The Awarded Bidder shall provide and maintain all equipment necessary to implement the treatment program, including:

A. Feed pumps

B. Controllers

C. Sensors

D. Monitoring probes

E. Secondary containment

Contractor-owned equipment shall remain the property of the Awarded Bidder unless otherwise specified.

B. Controller Requirements

Cooling tower control systems shall provide:

A. Continuous conductivity monitoring

B. Automatic blowdown control

C. Alarm capability for out-of-range conditions

D. Monitoring capabilities necessary to support program performance.

All instruments shall be calibrated using traceable standards.

C. Supplemental Treatment Equipment

The District encourages the use of supplemental treatment technologies, including, but not limited to, ultraviolet (UV) disinfection, filtration, side stream treatment, and other functionally equivalent technologies where demonstrated to improve system reliability, water quality, or Legionella control.

Contractors proposing supplemental equipment shall provide supporting performance data and maintenance requirements.

D. Chemical Storage

All chemicals shall be stored in compliance with applicable code and safety requirements.

Secondary containment shall be provided for liquid products stored onsite.

2.18. 2.18. .................................................... REPORTING AND RECORDKEEPING

A. Service Reports

Electronic Service Reports (ESRs) shall be provided within five (5) business days of each visit.

Reports shall include:

A. Facility information

B. Technician identification

C. Test results

D. Equipment observations

E. Chemical additions

F. Calibration activities

G. Corrective actions

H. Photographs of deficiencies

B. Monthly Reports

Monthly reports shall summarize:

A. Water quality trends

B. Chemical usage

C. Equipment issues

D. Microbiological results

E. Corrective actions

C. Quarterly Reports

Quarterly reports shall include:

A. Program performance metrics

B. Water usage trends

C. Equipment reliability

D. Legionella monitoring summary

E. Program recommendations

D. Annual Report

The Awarded Bidder shall submit an annual summary of:

A. Overall program performance

B. Water savings

C. Chemical consumption

D. Equipment condition

E. Recommended improvements

E. Record Retention

Records shall be maintained electronically for a minimum of five (5) years and made available upon request.

2.19. 2.19. ...................................................................... EMERGENCY RESPONSE

A. General Emergency Response

Dispatch qualified personnel within twenty-four (24) hours, unless a shorter response time is required by the nature of the emergency.

For emergency conditions affecting health, safety, equipment reliability, or compliance, the Awarded Bidder shall:

A. Acknowledge notification within two (2) hours.

B. Dispatch personnel within twenty-four (24) hours.

C. Implement interim corrective measures when appropriate.

D. Submit a written incident report within forty-eight (48) hours.

Note: Legionella-related incidents shall be handled exclusively under Section 2.15

B. Chemical Spills

The Awarded Bidder shall respond to chemical spills in accordance with SDS requirements and all applicable regulations.

2.20. 2.20. ...................... AWARDED BIDDER QUALIFICATIONS AND LICENSING

A. Firm Qualifications

The Awarded Bidder shall demonstrate:

• Minimum three (3) years of commercial HVAC water treatment experience.

• Minimum twenty (20) active commercial or institutional water treatment service contracts.

• Three (3) relevant client references.

• Experience implementing ASHRAE 188 Water Management Plans.

B. Licensing and Regulatory Compliance

The Awarded Bidder shall maintain all licenses, certifications, registrations, and permits required by applicable federal, state, and local regulations.

Where pesticide products requiring licensure are utilized, the Awarded Bidder shall comply with all applicable federal, state, and local pesticide regulations and maintain all required licenses.

Copies of all applicable licenses and certifications shall be provided with the bid submission and maintained throughout the contract term.

C. Key Personnel

The Awarded Bidder shall identify:

A. Account Manager

B. Lead Field Technician

C. Technical/Laboratory Support Representative

D. Personnel Requirements

Personnel assigned to District facilities shall:

A. Satisfy background screening requirements.

B. Complete District-required safety orientation.

C. Follow campus safety procedures.

D. Complete annual safety training.

3. General Terms and Conditions

3.1. 3.1. .................................. GENERAL INFORMATION ABOUT THE DISTRICT

The District and its governing board were created pursuant to Section 4, Article IX of the

Constitution of the State of Florida. The District is an independent taxing and reporting entity controlled and operated by District school officials in accordance with Chapter 1001, Florida Statutes. The Board consists of five elected officials responsible for the adoption of policies which govern the District’s schools and departments. The Superintendent of

Schools is responsible for the administration and management of the schools and departments within the applicable parameters of state law, State Board of Education

Rules, and School Board policies. The Superintendent is also specifically delegated the responsibility of maintaining a uniform system of records and accounts in the District per

Florida Statutes as prescribed by the State Board of Education.

3.2. 3.2. ..................................................................... DISTRICT DEMOGRAPHICS

The District is coterminous with School Board. The District currently operates 85 traditional schools including 57 Elementary Schools, 12 Middle Schools, 5 Jr/Sr. High

Schools and 11 High Schools, as well as 14 public charter schools and 11 alternative sites/special centers. The total full-time K-12 enrollment of public school (including public charter schools) students as of October 14, 2024 was 74,098. In Fiscal Year 2022, according to the National Center of Education Statistics, the District was reported as the

11th largest school district in the State of Florida and the 49th largest school district in the

United States, as ranked by student population. The District is the largest employer in

Brevard County with approximately 9,000 employees.

3.3. 3.3. .............. POSTING OF SOLICITATION CONDITIONS/SPECIFICATIONS

This solicitation will be posted for review by interested parties on OpenGov web site

Procurement Portal (opengov.com) and will remain posted up to and including the Due

Date of this solicitation. In accordance with Section 120.57(3), Florida Statutes, with respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. Failure to file a specification protest within the time prescribed in Section

120.57(3), Florida Statutes, will constitute a waiver of proceeding under Chapter 120, Florida Statutes.

3.4. 3.4. ................................................................................... CONE OF SILENCE

In accordance with Board Policy 6320, titled “Procurement and Contracting”, A “cone of silence” is hereby established for all competitive selection processes including Invitations to Bid (ITB), Request for Proposal (RFP), Invitations to Negotiate (ITN), and Request for

Qualifications (RFQ) for the provision of commodities and contractual services. The cone of silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the recommendation of contract award. This cone of silence shall be imposed on these procurements after advertisement of same. The cone of silence prohibits any communication regarding a competitive solicitation between: a potential vendor, service provider, bidder, lobbyist, or consultant and the staff of the

District, including school principals and department directors; and a potential vendor, service provider, bidder, lobbyist, or consultant and any one (1) or more of the Board members or member-elects. The cone of silence commences after the competitive solicitation is publicly issued and terminates at the time the Board or Superintendent or designee acts on a written recommendation from the District’s Procurement and

Distribution Services department regarding contract award. A potential vendor, service provider, bidder, lobbyist, or consultant shall direct any inquiries, suggestions or requests to the procurement representative listed within the solicitation. Violation of this policy by a particular bidder, proposer, respondent, and/or representative may, at the discretion of the District, result in rejection of said bidder, proposer, respondent, and/or https://procurement.opengov.com/portal/brevardschools representative's bid, proposal, or offer and may render any contract award to said bidder, proposer, or respondent voidable.

3.5. 3.5. .............................................................. CLARIFICATION AND ADDENDA

A. It is incumbent upon each respondent to carefully examine all specifications, terms, and conditions contained herein. Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information shall be made in writing to the designated procurement representative listed within the solicitation named herein. The School Board will not be responsible for any oral representation(s) given by any employee, representative, or others. The issuance of a written addendum is the only official method by which interpretation, clarification, or additional information can be given.

B. If it becomes necessary to revise or amend any part of this solicitation, notice may be obtained by accessing our web site. Respondents in their proposal shall acknowledge receipts of amendments. Each respondent shall ensure that they have received all addenda and amendments to this solicitation before submitting their proposal. Please check the web site at Procurement Portal (opengov.com) for any addenda. The District will not mail/fax/email addenda to prospective respondents.

3.6. 3.6. ......................................................................................PUBLIC OPENING

The solicitation proposals shall be opened at the date, time and place listed herein, or as amended in the form of an addenda. Only the names of the respondents submitting a proposal will be read aloud at the public opening. A list of the respondents submitting proposals will be available in the project's Procurement Portal (opengov.com) after opening. In accordance with Section 119.071(1)(b), Florida Statutes, sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from Section 119.07(1), Florida Statutes, and Section 24(a), Art. I of the State

Constitution until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier. If an agency rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the agency concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from

Section 119.07(1), Florida Statutes, and Section 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation or until the agency withdraws the reissued competitive solicitation.

A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial agency notice rejecting all bids, proposals, or replies.

3.7. 3.7. ................................................... ELECTRONIC RESPONSE SUBMITTAL

Respondent shall submit all documents pertaining to this solicitation electronically through the procurement portal at https://procurement.opengov.com/portal/brevardschools

A. Upload files only in Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or .pptx), Adobe Portable Document Format (.pdf), or

.ZIP file formats.

B. Enable Printing on all files submitted.

C. All required documents must be fully filled out and signed by an official who is authorized to legally bind the Respondent on all solicitation specifications.

D. Clearly identify each part of the submission.

E. Terms and Conditions submitted by Respondent which differ from those in this solicitation may be cause for disqualification of the proposal.

3.8. 3.8. ............................................................... EXECUTION OF SOLICITATION

The proposal shall contain a manual or digital signature in the space(s) provided of a representative authorized to legally bind the respondent to the provisions therein. All spaces requesting information from the respondent shall be completed. Proposals shall be typed or printed in ink. Use of erasable ink or pencil is not permitted. Any correction made by the respondent to any entry must be initialed.

3.9. 3.9. ........................................... DISCLOSURE OF SOLICITATION CONTENT

A. All material submitted becomes the property of the District and may be returned only at the District's option. The District has the right to use any or all ideas presented in any reply to this solicitation. Selection or rejection of any proposal does not affect this right.

B. The District is governed by the Public Record Law, Chapter 119, Florida Statutes

(F.S.). Only trade secrets as defined in Section 812.081(1)(c), F.S. or financial statements required by the School Board for road or public works projects as defined in 119.071(1)(c), F.S. (hereinafter “Confidential Materials”), may be exempt from disclosure. If a respondent submits Confidential Materials, the information must be segregated, accompanied by an executed Non-Disclosure

Agreement for Confidential Materials and each pertinent page must be clearly labeled “confidential” or “trade secret.” The District will not disclose such

Confidential Materials, subject to the conditions detailed within the agreement, which is attached to this solicitation. When such segregated and labeled materials are received with an executed agreement, the District shall execute the Agreement and send the respondent a “Receipt for Trade Secret Information.” RETURN THE

NON-DISCLOSURE AGREEMENT ONLY IF CONFIDENTIAL MATERIALS ARE

BEING INCLUDED IN THE SOLICITATION. PLEASE READ THE SECTION IN

THE SOLICITATION DOCUMENT TO DETERMINE IF THIS APPLIES. THE

CONFIDENTIAL MATERIALS WILL ONLY BE HANDED OUT TO THE

SELECTION COMMITTEE ON THE DAY OF THE EVALUATION, THEREFORE,

THE EVALUATION OF THIS MATERIAL WILL BE LIMITED TO THAT TIME

ONLY.

3.10. 3.10. ........................................................................... INCURRED EXPENSES

This solicitation does not commit the School Board to award a contract nor shall the

District be responsible for any cost or expense which may be incurred by any respondent in preparing and submitting a proposal, or any cost or expense incurred by any respondent prior to the execution of a purchase order or contract agreement.

3.11. 3.11. ................................................................................................... PRICING

Unless otherwise specified, prices offered shall remain firm for a period of at least sixty

(60) days; all pricing of goods shall include FOB DESTINATION, all packing, handling, shipping charges and delivery to any point(s) within the District to a secure area or inside delivery; all prices of services shall include all expenses necessary to provide the service at the location specified.

3.12. 3.12. ....................................................................... MEETS SPECIFICATIONS

The respondent represents that their proposal to this solicitation shall meet or exceed the minimum requirements specified.

3.13. 3.13. ....................................................................... BRAND NAME OR EQUAL

If items requested by this solicitation have been identified in the specifications by a Brand

Name “OR EQUAL” description, such identification is intended to be descriptive and not restrictive and is to indicate the quality and characteristics of products that will be acceptable. Proposals offering “equal” products will be considered for award if such products are clearly identified in the offer and are determined by the District to meet fully the salient characteristic requirements listed in the specifications. Unless the respondent clearly indicates in its proposal that it is proposing an “equal” product, the proposal shall be considered as offering the same brand name product referenced in the specifications.

If the respondent proposes to furnish an “equal” product, the brand name of the product to be furnished shall be clearly identified. The evaluation of proposals and the determination as to equality of the product offered shall be the responsibility of the District and will be based on information furnished by the respondent. Procurement & Distribution

Services is not responsible for locating or securing any information which is not identified in the proposal and reasonably available to Procurement & Distribution Services. To insure that sufficient information is available the respondent shall furnish as part of the proposal all descriptive material necessary for Procurement & Distribution Services to determine whether the product offered meets the salient characteristics required by the specifications and establish exactly what the respondent proposes to furnish and what the District would be binding itself to purchase by making an award.

3.14. 3.14. ................................................................................................. SAMPLES

When required, samples of products shall be furnished with proposal to the District at no charge. Samples may be tested and will not be returned to the respondent. The result of any and all testing shall be made available upon written request.

3.15. 3.15. .............................................................. SILENCE OF SPECIFICATIONS

The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement.

3.16. 3.16. ............................................................................................ LITERATURE

Upon request, the respondent shall furnish literature reasonably related to the products or services offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc.

3.17. 3.17. ................................................................................................. TRAINING

Unless otherwise specified respondent may be required at the convenience of and at no expense to the District to provide training to District personnel in the operation and maintenance of any item purchased as a result of this solicitation.

3.18. 3.18. ............................................................................... SAFETY WARRANTY

Any successful respondent, including dealers, distributors, and/or manufacturers, shall be responsible for having complied with all Federal, State, and local standards, regulations, and laws concerning the product or service specified, and the use thereof, applicable and effective on the date of manufacture or use or date in service including safety and environmental standards as apply to both private industry and governmental agencies.

3.19. 3.19. ............................................................................................. WARRANTY

The respondent agrees that, unless otherwise specified, the product and/or service furnished as a result of this solicitation and award thereof shall be covered by the most favorable commercial warranty the respondent 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 the School Board by any other provision of the solicitation. Respondent warrants the services furnished under an awarded contract shall be free of defective material and workmanship, and shall otherwise perform in accordance with required performance criteria, for a period of one

(1) year from the date of acceptance. Equipment provided must include the manufacturer’s warranty, the successful respondent shall fully guarantee all items furnished hereunder against defect in material and workmanship for the manufacturer’s normal period of time from date of acceptance by the District. Should any defect in material or workmanship appear, excepting ordinary wear and tear, during the warranty period, the successful respondent shall repair or replace same at no cost to the District immediately upon written notice from the District. All warranty paperwork shall be included with Deliverables prior to acceptance by the District.

3.20. 3.20. ......................................................................................... ACCEPTANCE

Products purchased as a result of this solicitation may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at respondent’s expense. Those items and items not delivered by the delivery date specified in an accepted proposal and/or via a purchase order may be purchased on the open market. Any increase in cost may be charged against the respondent.

3.21. 3.21. .................................................................................. OTHER AGENCIES

A. All respondents awarded contracts from this solicitation may, upon mutual agreement with the successful respondent(s), permit any school board, community college, state university, municipality or other governmental entity, to include public charter schools to participate in the contract under the same prices, terms, and conditions.

B. Further, it is understood that each entity will issue its own purchase order to the successful respondent(s).

3.22. 3.22. ............................................................................................. COLLUSION

The School Board of Brevard County, Florida reserves the right to disqualify proposals upon evidence of collusion with intent to defraud, or other illegal practices to include circumventing or manipulating the process in a manner that conflicts with applicable law, upon the part of the respondent(s), respondent’s employees or agents, the District’s

Professional Consultant(s), or Consultant’s agents, or any District employee(s) who may, or may not, be involved in the development of specifications and/or firm schedules.

Multiple proposals from an individual, partnership, corporation, association (formal or informal) or respondent under the same or different names shall not be considered.

Reasonable grounds for believing that a respondent has interest in multiple proposals for the same work shall be cause for rejection of all proposals in which such respondent is believed to have an interest. Any and/or all proposals shall be rejected if there is any reason to believe that collusion exists among one or more of the respondents, the

District’s Professional Consultant(s), or District employees. Respondents involved in developing a specification or respondents with knowledge of specifications prior to an advertisement shall be disqualified from participating in the solicitation process.

3.23. 3.23. ................................................................... MINIMUM SPECIFICATIONS

The specifications listed in the Scope of Services are the minimum required performance specifications for this solicitation. They are not intended to limit competition nor specify any particular respondent, but to ensure that the District receives quality services.

3.24. 3.24. ................................................................................... FORCE MAJEURE

The District and the respondent will exercise every reasonable effort to meet their respective obligations as outlined in this solicitation and the ensuing contract, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law or regulation, acts of God, acts or omissions of the other party, government acts or omissions, fires, strikes, national disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred. Force Majeure will include epidemics and quarantine restrictions as acts of God and governmental law and regulation.

3.25. 3.25. ............................................................... RESPONDENT’S PERSONNEL

The respondent shall be responsible for ensuring that its employees, agents, and subcontractors comply with all applicable laws and regulations and meet all federal, state, and local requirements related to their employment and position.

The respondent certifies that it does not and will not during the performance of the contract employ illegal alien workers or otherwise violate the provisions of the federal

Immigration Reform and Control Act of 1986, as amended.

During the performance of the contract, the respondent agrees to the following:

The respondent shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap, or national origin, except when such condition is a bona fide occupational qualification reasonably necessary for the normal operations of the respondent. The respondent agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

The respondent, in all solicitations or advertisements for employees placed by or on behalf of the respondent, shall state that such respondent is an Equal Opportunity

Employer.

Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

The respondent shall include the provisions of the foregoing paragraphs above in every subcontract or purchase order so that the provisions will be binding upon each respondent.

The respondent and any subcontractor shall pay all employees working on this contract not less than minimum wage specified in the Fair Labor Standards Act (29 CFR 510-794) as amended.

Any information concerning the District, its products, services, personnel, policies or any other aspect of its business learned by the respondent or personnel furnished by the respondent in the course of providing services pursuant to an agreement, shall be held in confidence and shall not be disclosed by the respondent or any employee or agents of the respondent or personnel furnished by the respondent, without the prior written consent of the District.

3.26. 3.26. .................................................................................... KEY PERSONNEL

Respondent’s Key Personnel (if any) shall be identified in the proposal, and may include employees, agents, subcontractors, or other personnel of the respondent. The respondent agrees that in the event it becomes necessary for the respondent to change

Key Personnel while performing Services under an awarded contract, substitution of Key

Personnel shall take place only upon the District’s prior written consent. Failure to notify the District prior to the change of Key Personnel, or a substantial change in Key Personnel as determined by the District, may be sufficient cause for Termination.

3.27. 3.27. ........................................................................... TERMS & CONDITIONS

The terms and conditions contained in this solicitation shall apply to all Purchase Orders issued under this solicitation unless the District specifically details other terms on the

Purchase Order. The District and the respondent should take care to ensure that project specific changes to these terms are as explicit as possible. All inconsistencies will be resolved in the best interests of the District.

3.28. 3.28. .......................................................................................... ADVERTISING

The successful respondent shall not publicly disseminate any information concerning the resulting contract without prior written approval from the District, including, but not limited to mentioning the contract in a press release or other promotional material, identifying the

District, Individual Departments, District Personnel, as a reference, or otherwise linking the District’s name and either a description of the contract or the name of the District, its departments, or employees, in any material published, either in print or electronically, to any entity that is not a party to the contract, except potential or actual authorized subcontractors, distributors, dealers, resellers, or service representatives.

3.29. 3.29. .......................................................SECURITY AND CONFIDENTIALITY

The successful respondent shall comply fully with all security procedures of the District in performance of the contract. The successful respondent or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the District. The successful respondent shall not be required to keep confidential information or material that is publicly available through no fault of the successful respondent, material that the successful respondent developed independently without relying on the District’s confidential information or material that is otherwise obtainable under Florida law as a public record. To insure confidentiality, the successful respondent shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the contract.

3.30. 3.30. ................................................................................................ TOBACCO

The School Board prohibits the use of tobacco products on school grounds, in school buildings and facilities, on school property, or at school-related or school-sponsored events. Refer to Board Policy 3215 - Tobacco Use.

3.31. 3.31. ................................................................................ SCHOOL SECURITY

Respondent acknowledges and understands that the goods or services contemplated under this solicitation that are delivered to or performed on school grounds, which may at various times be occupied by students, teachers, parents, and school administrators.

Accordingly, in order to secure the schools, protect students and staff, and otherwise comply with applicable law, the respondent (successful respondent) agrees to the following provisions and agrees that the failure of the respondent to comply with any of these provisions may result in the termination of a resulting contract by the District:

A. Unauthorized Aliens. The District considers the employment of unauthorized aliens by the successful respondent, or any of successful respondent’s sub-contractors, a violation of the Immigration and Naturalization Act. The successful respondent shall certify that no unauthorized aliens are working on the project site at any time. If it is determined that an unauthorized alien is performing services, the successful respondent shall immediately take all steps necessary to remove such unauthorized alien from the property and the project.

B. Possession of Firearms. Possession of firearms is not permitted on District property. No person who has a firearm in his/her vehicle may park his/her vehicle on District property. If any employee/independent contractor of the successful respondent, or any of its sub-contractors, is found to have brought a firearm(s) on to District property, said employee/independent contractor shall be immediately removed and terminated from the project by the successful respondent. If a sub-contractor fails to terminate said employee/independent respondent, the successful respondent shall terminate its agreement with the sub-contractor.