ITB26016_Rubberized_Track_Maintenance_and_Repairs.pdf

INVITATION TO BID AND CONTRACTOR

ACKNOWLEDGMENT FORM

POSTING DATE: June 18, 2026 PROCUREMENT CONTACT & EMAIL:

Jack Nichols, Procurement Agent III jack.nichols@ocps.net

BID NUMBER AND TITLE:

ITB26016 Rubberized Track Maintenance and Repairs

BID DUE DATE & TIME:

July 21, 2026 at 2:00 PM ET

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

QUESTION DEADLINE:

July 9, 2026 at 2:00 PM ET

PRE-BID MEETING DATE & TIME: June 30, 2026 at 9:30AM EST. The information to join this meeting is as follows:

Telephone Number: 415-655-0001 Access Code: 2319 773 8932 Link to Meeting: https://ocps.webex.com/ocps/j.php?MTID=ma7b0bd065995d2677be2dba9eeddcc73

THE FOLLOWING MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF YOUR RESPONSE.

YOUR RESPONSE WILL NOT BE ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED

AGENT OF THE CONTRACTOR.

CONTRACTOR LEGAL NAME: ________________________________________________________________

MAILING ADDRESS: ________________________________________________________________________

CITY, STATE, ZIP: __________________________________________________________________________

FEDERAL EMPLOYERS' IDENTIFICATION NUMBER (FEIN): ________________________________________

TELEPHONE NUMBER: ___________________________

EMAIL: ______________________________________________________________________________

AUTHORIZED SIGNATURE: TYPE OR

PRINTED NAME:

TITLE: DATE:

NOTICE: Failure to file a protest within the time prescribed in Section 120.57(3) Florida Statutes will constitute a waiver of proceedings under Chapter 120, Florida Statutes, and School Board Rules.

mailto:jack.nichols@ocps.net

ITB26016 Rubberized Track Maintenance and Repairs

RESPONSE SUBMITTAL CHECKLIST

The following documents must be submitted as part of the bid submission:

☐ Invitation to Bid and Contractor Acknowledgment – page #1 ☐ ATTACHMENT A - Office of Business Opportunity MWBE/LDB/VBE Subcontractor Participation Form ☐ ATTACHMENT B - Drug-free Workplace Certification ☐ ATTACHMENT C - Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion – Lower Tier

Covered Transactions ☐ ATTACHMENT D - Contractor’s Statement of Principal Place of Business ☐ ATTACHMENT E - Byrd Anti-Lobbying Amendment Certification ☐ ATTACHMENT F – Contractor Statutory Compliance Affidavit ☐ ATTACHMENT G - Respondent’s experience/qualifications questionnaire verifying that the Respondent has been engaged in rubberized track inspections, maintenance, repairs, and installation services for a minimum number of three (3) years.

☐ ATTACHMENT H – Bid Price Sheet in Excel Format (Separate file in VendorLink) ☐ Certificate of Insurance ☐ If a Florida Corporation, a screenshot of “ACTIVE” status through www.sunbiz.org ☐ If a Non-Florida Corporation, a screenshot of “ACTIVE” status from the state in which the business was formed ☐ All Addenda (if applicable) ☐ Copy of Certified Track Builder Certification (required) ☐ Copy of Manufacturer’s Certification or approved equivalent (required) ☐ Copy of American Sports Builders Association (formerly US Tennis Court & Track Builders Association).

Certification or equivalent (required) ☐ Copy of General Contractor license issued by the State of Florida (preferred) ☐ Subcontractor certifications (if applicable). Proof of the current applicable description of work category certifications will be submitted to OCPS prior to contract award.

http://www.sunbiz.org/

SPECIFICATIONS / SCOPE OF WORK

1. Scope:

The purpose of this Bid is to establish a contract to provide firm pricing for rubberized track services as listed and described in this set of solicitation documents and on the bid price sheet for the School Board of Orange County, Florida (OCPS), on an as-needed basis.

2. Respondent’s Experience:

The Respondent must have completed within the past three (3) years a minimum of three (3) commercial contracts that specifically provide for rubberized track inspections, maintenance, repairs, and installation services. The Respondent must complete the enclosed questionnaire, Attachment G - Respondent’s Experience/Qualifications, which will be used to evaluate capabilities to perform the work during the contract period. The questionnaire must be completed and include sufficient, specific information that directly responds to the request.

2.1. Respondent shall be knowledgeable with regard to rules of track and field as they relate to facilities, variations between the governing bodies, orientation, site layout, drainage, soil issues, and surface requirements.

3. Licenses & Certifications:

The Respondent must have the following certifications:

3.1. Certified Track Builder (CTB) (required).

3.2. Manufacturer's certification or approved equivalent (required).

a. Basis of Design Product and Manufacturers; BSS 200, Beynon Sports Surfaces

b. Advanced Polymer Technologies

3.3. American Sports Builders Association (formerly US Tennis Court & Track Builders Association Certification or equivalent (required)

3.4. State of Florida General Contractor (preferred).

a. If the Respondent is not licensed as a State of Florida General Contractor, the Respondent must have existing general contracting subcontractor capabilities. Proof of current State of Florida General Contractor will be furnished to OCPS.

4. Service Requirements:

The Contractor shall furnish all tools, equipment, transportation, material, and labor necessary to provide for service as outlined herein. All expenses will be included in the unit cost listed on the Bid Price Sheet.

4.1. The Contractor shall be held responsible for the on-site supervision, scheduling, receiving, and placement of materials. If the Contractor requires subcontractor labor, OCPS will be notified.

Under no condition will the specified work be subcontracted without prior OCPS approval. Work will be performed by qualified and trained service personnel employed by the Contractor. All employees assigned by the Contractor, including subcontract labor, to perform work under the awarded Contract will meet all requirements and standards to perform the work assigned as specified.

4.2. The Contractor shall not store any equipment or other items at any OCPS facility.

4.3. The Contractor shall have sufficient number or personnel and equipment to perform the work on existing tracks.

4.4. The Contractor shall coordinate work scheduling with the authorized OCPS representative.

4.5. All work must be permitted through the OCPS and shall adhere to all applicable codes and OCPS Design Guidelines, as applicable.

4.6. All requested work shall be completed in accordance with all federal, state and local codes. When there is a conflict between codes, the final determination shall be made by the authority having jurisdiction.

4.7. The Contractor shall be responsible of notifying OCPS in writing of any conditions detrimental to proper and timely completion of work and will not proceed with work until unsatisfactory conditions have been corrected.

4.8. Only lightweight maintenance equipment will be allowed on track surface. Avoid equipment standing still. Avoid gasoline and oil spills and dripping from motorized equipment. Check all equipment for leaks prior to entering track surface area. Avoid jack rabbit starts or sudden braking.

4.9. On extremely hot days, care must be taken with all object and equipment that are placed on the track with heavy point loads. Lift and carry equipment for placement on track and field surface.

Never drag over the surface. All equipment should cross areas of track on plywood protected paths.

4.10. The Contractor shall place and maintain a temporary protective 4’ orange fence barrier around work entire area. When heavy equipment is used then two barriers spaced 10’ are required.

4.11. Any demolition, hauling of debris, and cleanup is required to be included.

4.12. Finish product shall comply with OCPS Design Guidelines and plans, unless directed to alter specifications by OCPS Representative in writing.

4.13. The Contractor’s employees must sign in and out (upon arrival & departure) at the main office of the school or facility.

4.14. The Contractor’s employees shall adhere to security standards, comply with instructions pertaining to conduct and building regulations stated by site OCPS officials. The Contractor’s employees shall not smoke on school grounds. The Contractor’s employees may not solicit, distribute or sell products while on OCPS property.

4.15. The Contractor shall require employees to be dressed in their work attire identifying the company that they work for when reporting for duty. The Contractor’s Employees shall be required to dress neatly, commensurate with the tasks being performed.

4.16. The Contractor shall keep all excessive noise, such as any music played or conversation between employees, to a minimum.

4.17. The Contractor shall require their employees to comply with the instructions pertaining to conduct and building regulations, issued by OCPS representatives, such as the building managers, guards, security, inspectors, etc.

4.18. The Contractor shall strictly prohibit interaction between their employees and the student population. The Contractor’s employees may not solicit, distribute or sell products while on OCPS property. Friends, visitors or family members of employees are not permitted in the work area.

The Contractor shall adhere to established OCPS security standards.

5. Annual Inspection and Surface Cleaning/Pressure Washing:

All expenses shall be included in the unit cost listed on the Bid Price Sheet. No additional charges shall be accepted.

5.1. The Contractor shall perform a Surface Inspection: Inspect for cracks, bubbling, or loose

"crumbs". Check for bulges, tears, “bird baths” (standing water), and safety hazards.

5.2. The Contractor shall check for damage or lifting at the track edges.

5.3. The Contractor shall inspect drainage in the track vicinity.

5.4. The Contractor shall provide inspection report identifying all deficiencies or any concerns. The Contractor shall provide a recommended corrective action and a cost proposal.

5.5. The Contractor must furnish all chemicals, equipment, transportation and labor necessary to provide surface cleaning and pressure-washing services.

5.6. The Contractor must perform work in accordance with a mutually agreed upon schedule with the OCPS Representative. Required cleaning operations may require performance before or after school hours to avoid affecting school activities. There shall be no additional charge for such work.

5.7. The Contractor shall sweep or use a leaf blower to remove sand, grass clippings, leaves, and organic matter prior to performing power washing.

5.8. Spot clean any stains with an approved neutral cleaner. Pre-treat any areas of algae/mold with a mild biocide or algaecide.

5.9. Surface deep cleaning shall be provided on an as needed basis as requested by OCPS. Each project will be handled individually, and a written price estimate will be agreed upon before any notice to proceed.

5.10. Recommended pressure of 800 – 1200 PSI. Do not exceed 1200 PSI when washing and do not hold the wand any closer than 12” from the surface.

5.11. Acceptable pressure washing equipment to use on the tracks:

a. SMG Sportchamp (or equivalent)

b. Tenant M-20 (or equivalent)

6. Repairs:

Repairs will be performed at the request of OCPS in accordance with current OCPS Design Guidelines, manufacturer’s specifications, and applicable industry standards and publications. Each project will be handled individually, and a written price estimate will be agreed upon before any notice to proceed.

6.1. The Contractor shall take measures to protect any adjacent areas to include, but not limited to buildings, sidewalks, and curbs. This protection must remain for duration of the project.

6.2. Areas of damaged rubber shall be cut out and removed so that repaired area will be rectangular and parallel to the lane lines of the track.

6.3. The Contractor shall ensure that base surface is clean and free of defects. The Contractor shall contact the OCPS Representative if repair of the base surface is necessary prior to the repair of the synthetic surface.

6.4. The Contractor shall apply primer and polyurethane based materials as per manufacturer’s specifications.

6.5. Repairs shall return the surface to a uniform plane and condition as existing surface. All repairs are to be flush with the surrounding surface.

6.6. The Contractor shall re-line or re-mark any lines or marks that may have been affected by the repair. All lines, event markings, numbers and letters shall be applied utilizing polyurethane-based paint compatible with the synthetic track surfacing. All markings will be certified in accordance with the specifications issued by the appropriate sanctioning or governing body such as IAAF, NCAA or NFHS.

7. Materials for Repair:

Materials used for repairs shall be in accordance with the following specifications, current OCPS Design Guidelines, and manufacturer specifications.

7.1. Primers; polyurethane-based primer specifically formulated to be compatible with paved-in-place

Styrene-Butadiene-Rubber (SBR) granules and track surfacing material.

7.2. SBR Granules; recycled SBR rubber, processed and chopped to 1-3mm size, containing less than 1% dust.

a. Color: Black

7.3. Ethylene Propylene Diene Monomer (EPDM) Granules; EPDM peroxide cured, synthetic rubber containing a minimum 20% EPDM resin, with a specific gravity of 1.5 0.1 g/cm3. The EPDM rubber shall be the same color as chosen by the owner for the track surface.

7.4. Polyurethane Binder; Methylene Diphenyl (MDI)-based single-component, polyurethane-binding agent. Solvent free, Toluene Diisocyanate (TDI) monomer shall be less than 0.2%. The binder must be specially formulated for compatibility with SBR rubber crumb.

7.5. Structural Spray Coating; MDI-based single-component, moisture cured, 100% solids, pigmented polyurethane, specifically formulated for compatibility with EPDM granules.

a. Color: As Selected by Architect from Manufacturers full range.

8. Line Re-striping:

Line re-striping will be done as requested by OCPS and in accordance with the following specifications, current OCPS Design Guidelines, manufacturer’s specifications, and applicable industry standards and publications. Each project will be handled individually, and a written price estimate will be agreed upon before any notice to proceed.

8.1. Line Marking Paint shall be single component, moisture cured, aliphatic polyurethane paint compatible with the track surfacing material.

9. Resurfacing/Re-topping:

Resurfacing and/or re-topping will be done as requested by OCPS and in accordance with current OCPS Design Guidelines, manufacturer’s specifications, and applicable industry standards and publications. Each project will be handled individually, and a written price estimate will be agreed upon before any notice to proceed.

9.1. Any additional deficiencies to be addressed as labor and materials under Track Repair Services.

10. New Installation:

Any new installations will be done as requested by OCPS and in accordance with current OCPS Design Guidelines, manufacturer’s specifications, and applicable industry standards and publications. Each project will be handled individually, and a written price estimate will be agreed upon before any notice to proceed.

11. OCPS Responsibilities: OCPS personnel shall be responsible for providing all work scheduling, coordination, and design of systems needed.

11.1. An OCPS representative will determine how the Contractor will receive access to the facility.

11.1. Removal of sand, leaves, and debris outside of scheduled surface cleaning.

11.2. Drainage Care: Keep all gutters, grates, and drainage systems free of dirt and weeds. Ensure irrigation systems do not over-spray onto the track,

12. Response Time:

Work will be initiated within five (5) calendar days’ notice by OCPS, or on the designated start date.

The exception will apply when an emergency warrants a response within three (3) to twenty-four (24) hours. OCPS will notify the Contractor of the response requirements at the time of the request.

12.1. All work will be performed in accordance with a mutually agreed-upon schedule with the OCPS

Representative and respective school administrator. At times, the Contractor may be required to work before or after school hours to avoid impacting school activities or damaging property and vehicles. There will be no additional charge for such work.

12.2. The Contractor shall be responsible for notifying OCPS in writing of any conditions that are detrimental to the proper and timely completion of the work. Do not proceed with work until unsatisfactory conditions have been corrected in a manner acceptable to the Contractor.

13. Technical Specifications:

The intent of this Bid is that each project will be handled individually, and a written price estimate will be agreed upon before any notice to proceed. Unit pricing shall include all direct costs associated with labor, materials, standard equipment, and applicable overhead for rubberized track inspections, maintenance, repairs, and installation services.

13.1. Additional charges for rental equipment and subcontracted services are permitted when not included in the base unit pricing. Price estimates will include the number of workers, estimated hours for project completion, type of work, an itemized list of materials, and any subcontractor costs, per the contracted agreement.

13.2. Where replacement materials are required, the Contractor will use the category named

“Additional Costs: Materials, Sub-contractors and Rental equipment (to be furnished by Contractor, when requested by OCPS) will be at Contractor's actual cost, plus percentage bid, as specified (percentage mark-up will not exceed 10%). Supporting documentation (proposals, quotes, receipts, invoices, etc.) will be required.” Any such charges must be accompanied by itemized documentation and will be subject to a maximum markup of 10% over actual cost.

Markups must be applied separately and clearly identified on invoices.

13.3. Performance Standards: The Track Surfacing System shall exhibit the following minimum performance standards as required by IAAF.

a. Thickness > 13mm

b. Force Reduction 35 to 50%

c. Modified Vertical Deformation 0.6 to 1.8mm

d. Friction > 47 TRRL Skid Resistance

e. Tensile Strength > 0.5MPa

f. Elongation at Break > 40%

13.4. Services provided by the Contractor shall conform to manufacturer's current specifications. The surfacing system shall be complete and consist of components, blended and mixed in the prescribed manner, placed and installed with the recommended equipment to provide the best-finished product available from the manufacturer. Track must typically adhere to National Federation of State High School Associations (NFHS) standards for competition.

13.5. Applicable OCPS Design Guideline

a. Exhibit C. DG11 66 10 Outdoor Athletic Fields, Running Track and Play Areas

13.6. Applicable Industry Standards and Publications

a. Florida High School Athletic Association (FHSAA) Track Requirements and Standards

b. FHSAA Track & Field Sport Manual

c. Florida Department of Transportation (FDOT) Standard Specifications, Current Edition

Sec, 330

d. State Requirements for Educational Facilities (SREF)

e. National Federation of State High School (NFHS) Court and Field Diagram Guide, Current Edition

f. Florida Building Code, Current Edition

g. International Amateur Athletic Federation (IAAF), Current Edition

h. United States Tennis Court & Track Builders Association (USTC&TBA)

13.7. Current High School Rubberized Tracks

Area School NE Boone HS

South Jones HS NE Edgewater HS NW Apopka HS NW Olympia HS NE Colonial HS NE University HS

South Cypress Creek HS South Dr. Phillips HS

NE Timber Creek HS NW Wekiva HS NW West Orange HS NE East River HS NW Evans HS NW Ocoee HS

South Freedom HS South Lake Nona HS South Oak Ridge HS NW Horizon HS

South Lake Buena Vista HS South Innovation HS NW Windermere HS

NE

Winter Park HS (City Owned & Maintained)

14. Reporting:

The Contractor shall provide a pre-work and post-work report with before and after photos and notes about the surface conditions for all services performed under this contract.

14.1. Annual inspection

A post-inspection job report will be furnished to OCPS upon completion of the work. The report will include:

a. Dates and locations

b. Documentation of any deviations or unforeseen site conditions

c. Post job summary of work completion and actions needed by other(s)

d. The report will be submitted with the invoice.

14.2. Other services

A post-inspection job report will be furnished to OCPS upon completion of the work. The report will include:

a. Dates and locations

b. Documentation of any deviations or unforeseen site conditions

c. Post job summary of work completion and actions needed by other(s)

d. The report will be submitted with the invoice.

DEFINITIONS

1. Bidder / Respondent: The company, individual, or organization that responds to the Bid.

2. Contractor: The company, individual, or organization that is awarded this Bid.

3. OCPS / Board / School Board / District: The School Board of Orange County, Florida.

4. Party / Parties: Either OCPS or the awarded Contractor, or both collectively. Each may act through their duly authorized representatives as identified in the Contract.

SPECIAL CONDITIONS

1. Emergency Work Requests: Emergencies are defined as total equipment failure or as determined by the maintenance representative. The Contractor will respond within thirty (30) minutes via phone call or email to the Facilities representative personnel after notification and will have a technician on-site within one (1) hour after notification to meet the Facilities representative at the job site to review the scope of work, provide an estimate, and proceed with work without delay.

2. Packing List: All products shipped will require proper packaging to ensure they are received free from damage. All shipments will include an itemized list of each package’s contents and reference the OCPS’ purchase order number. No charges will be allowed for cartage or packing unless agreed upon by OCPS before shipment.

3. Pre-Bid Meeting: A voluntary Pre-Bid meeting will be held for all interested Contractors at the date and time indicated on the first page of this Bid. A call-in number and access code are available on the first page. An overview of the solicitation process and review of the scope of services will be conducted. Any questions regarding the technical specifications will be submitted to the Procurement Services representative responsible for this Bid as identified on the first page.

Answers to these questions will be issued in the form of a written addendum for review by all interested parties.

4. Protection of Persons and Property: Precautions will be exercised at all times to protect persons and property. Barricades will be provided by the Contractor at its expense when work is performed in areas traversed by persons or vehicles. The Contractor will comply with any safety requirements issued by the Occupational Safety and Health Administration (OSHA) and the OCPS Representative to ensure the safety of all students, staff, and community members.

The Contractor will always guard against damage or loss to OCPS's property and will replace or repair any loss or damage unless such is caused by OCPS or other Contractors. OCPS may withhold payment or make such deductions as it might deem necessary to ensure reimbursement for loss or damage to property caused by the negligence of the Contractor or its agents.

5. Quantities: Any quantities identified in this Bid are estimates only and in no way obligate OCPS to purchase these amounts. OCPS reserves the right to renegotiate prices if, at any time during the term of the agreement, it purchases quantities exceeding the estimated quantities in this Bid. The award resulting from this Bid will be an Indefinite Delivery, Indefinite Quantity (IDIQ) contract.

6. Removal of Debris: The Contractor will be responsible for the prompt removal of all debris from the worksite that results from its activities. The Contractor will not use the trash receptacles located on OCPS property. Any debris left at the worksite must be removed within 24 hours of OCPS's notice. The Contractor assumes all liability for accidents that may occur due to debris, equipment, tools, and worksite hazards.

7. Routine Calls: During normal working hours (Monday through Friday, 7:00 a.m. – 5:00 p.m.), Contractor’s office personnel must be available to receive and return routine calls from OCPS staff regarding service or contract administration within one (1) business day.

8. Safety Data Sheet (SDS): In accordance with Chapter 442, Florida Statutes, any item delivered under a contract resulting from this solicitation must be accompanied by a Safety Data Sheet (SDS) when applicable. The SDS must be maintained by the user agency and include the chemical and common names of the substance, the hazards and effects of exposure, and emergency and first-aid procedures.

9. Samples: Samples of items, when required, must be furnished at no cost to OCPS and may be returned at the Contractor's expense. Each sample must be labeled with the Contractor's name, manufacturer’s brand name, Bid name, Bid number, and line item from the Bid. Failure to deliver the required samples or to clearly identify them as indicated may result in rejection of the Bid submittal.

10. Secondary Quoting for Task Orders (Above $15,000): For any individual order or project anticipated to exceed $10,000, OCPS will issue a Request for Secondary Quote (RSQ) to all awarded Contractors on this multi-award contract, providing fair opportunity and a clear description of the required commodities or services. Secondary quotes will be evaluated based on the following criteria price, proposed methodology, timeline, contractor's demonstrated ability for this specific task], with the selection made to achieve the best value for OCPS in accordance with School Board Policy DJB – Purchasing Procedures. OCPS reserves the right to request additional itemized supporting documentation (including materials, labor, equipment rentals, and subcontractor costs) as deemed necessary for evaluation. Failure to respond to secondary quote requests may impact future solicitations. OCPS reserves the right to adjust the quoting threshold as deemed necessary during the term of the Agreement.

11. Site Access: To the extent services awarded under this Bid require the Contractor to be provided keys or security access badges by the district, if these items are lost, the Contractor will be responsible for the entire cost of replacement keys and the cost to rekey the site. For security purposes, the Contractor will report the loss or theft of a key to OCPS Asset Protection immediately so that OCPS may take steps to secure the location.

12. Stop Work Order: OCPS may at any time, by written notice to the Contractor, stop all or any part of the work for this Bid award. Upon receiving such notice, the Contractor will take all reasonable steps to minimize additional costs during the period of work stoppage. OCPS may subsequently either cancel the stop work order, resulting in an equitable adjustment in the delivery schedule and/or the price, or terminate the work in accordance with the provisions of the Bid terms and conditions.

13. Work Requests and Communications: The Contractor must utilize the OCPS Computerized Maintenance Management System (CMMS). The CMMS, currently Facilitron but subject to change by OCPS, serves as the platform for managing all maintenance and project activities within the Maintenance Department, including major and minor recurring activities. The Contractor will receive work requests and communications through the CMMS and must use it for status updates, required documentation submissions, and project closure. The Contractor is required to acknowledge and respond to all inquiries in the CMMS within three (3) business days.

14. Completion: Upon completion of each job, the Contractor will submit the following information, as applicable:

• Final invoice with documentation

• The Contract Completion Form

• Certificate of Occupancy or Certificate of Construction Completion for all permitted work

• Delivery tickets

• Warranty information

• Report

• As-built drawings

• Certified payroll, upon request

• Any other documents as requested by OCPS

GENERAL TERMS AND CONDITIONS

1. Length of Contract and Renewals: This Bid intends to establish a contract for an initial period of three

(3) years from the date of the award by the OCPS School Board with two (2) additional one-year renewal options at the same prices, terms, conditions, and specifications upon mutual agreement by OCPS and the Contractor. Renewals must be in writing, with the signature of the Contractor’s authorized representative and OCPS.

2. Anti-Discrimination: The School Board of Orange County, Florida, does not discriminate in admission or access to, or treatment or employment in its programs and activity based on race, color, religion, sex, national origin, disability, age, marital status, sexual orientation, gender identity or expression, genetic information, or any other reason prohibited by law.

3. Assignment: The Contractor will not assign, transfer, convey, sublet, or otherwise dispose of this agreement, or of any or all of its rights, title, or interest therein, or its power to execute such agreement to any person, firm, or corporation without prior written authorization by OCPS.

4. Audit and Inspection: OCPS or its representatives reserves the right to inspect and/or audit the

Contractor's documents and records pertaining to the products and services delivered under this Bid.

Such rights will be exercised with notice to the Contractor to determine compliance with and performance of the terms, conditions, and specifications on all matters, rights, duties, and obligations established by this Bid. Documents or records in any form will be open to OCPS’ representative and may include, but are not limited to, all correspondence, ordering, payment, inspection, and receiving records, contracts, or sub-contracts that directly or indirectly pertain to the transactions between OCPS and the Contractor.

5. Availability of Funds: OCPS's obligations under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and OCPS.

6. Bankruptcy / Insolvency: At the time of Bid submission, the Contractor will not be in the process of or engaged in any proceedings relating to insolvency or bankruptcy, voluntary or involuntary, or receivership proceedings. If the Contractor is awarded a contract for six (6) months or longer and thereafter files for bankruptcy, insolvency, or receivership, OCPS may, at its option, terminate and cancel the Agreement. In this event, all rights hereunder will immediately cease and terminate.

7. Basis for Award: Award shall be made to the lowest responsive, responsible Contractor(s) meeting all specifications, with consideration given to product quality, conformity to requirements, suitability to OCPS needs, delivery terms, vendor qualifications, and past performance.

OCPS reserves the right to:

• Make a single award, multiple awards, or no award, as determined to be in its best interest;

• Make awards by individual item, group of items, all-or-none, or any combination thereof;

• Reject any and/or all Bids and waive minor irregularities or technicalities.

Payment discounts shall not be considered in the evaluation of Bids, but may be applied in the event of a tie.

8. Bond Requirements:

8.1. Bid Bonds: When required, bid bonds in the specified amount will be submitted with the Bid submittal. Bid bonds will be returned to unawarded Contractors.

8.2. Performance Bonds: OCPS will notify the contractor in advance of any performance bond requirement for certain services throughout the term of this Bid.

9. Bid Protests: Following OCPS School Board Policy DJE and Chapter 120, Florida Statutes, any person who is adversely affected by the terms, conditions, or specifications outlined in this Bid or who is adversely affected by a decision of OCPS concerning the solicitation will file a Notice of Intent to

Protest, in writing within 72 hours after the solicitation document is posted or after the notice of intended decision is posted. A formal written protest will be filed no later than 10 days after the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state holidays. The formal written protest must be accompanied by a protest bond, cashier’s check, or money order in the amount of one percent (1%) of the total estimated contract value. The estimated contract value of this Bid is $2,250,000.

The Notice of Intent to Protest and formal written protest will be filed at the following address:

Senior Director, Procurement Services 445 West Amelia Street Orlando, Florida 32801

The formal written protest will state, with particularity, the facts and law upon which the protest is based.

Failure to file a Notice of Intent to Protest, a formal written protest, or failure to post the bond, cashier’s check, or money order within the time frames or in the manner described above will constitute a waiver of proceedings under Chapter 120, Florida Statutes.

10. Bid Submission: Bid submittals are due no later than the date and time indicated on the Contractor

Acknowledgement Form or as amended in the form of an addendum issued by Procurement Services.

All solicitations and supporting documents will be posted on VendorLink at www.vendorlink.ocps.net. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates to this solicitation.

It is the Contractor's sole responsibility to ensure that their Bid response is submitted through VendorLink no later than the date and time specified in the Bid or subsequent addenda. The Contractor is responsible for allowing adequate time to upload their submittal on VendorLink. If technical difficulties arise during the submission of the Bid response, the Contractor must contact VendorLink technical support at support@evendorlink.com. OCPS will not be responsible for delays caused by any occurrence. Submittals sent by mail, facsimile, electronic mail, telephone, or other means not specified herein will be deemed non-responsive and not considered for award. Bid submittals may not be withdrawn after the bid due date. All Bid submissions must be transmitted electronically through VendorLink at [Insert Procurement Portal URL]. Acceptable file formats for upload are Microsoft Excel (.xls or .xlsx), Adobe Portable Document (.pdf), or compressed (.zip) file formats. Printing must be enabled on all files submitted. Electronic files cannot be protected by passwords. Once the Bid response is submitted, a confirmation email will be sent with the number and name of the documents uploaded.

11. Cancellation: OCPS reserves the right to cancel this Invitation to Bid, in whole or in part, when it is in

OCPS’s best interest. Notice of cancellation will be posted on the OCPS VendorLink site.

12. Certification Regarding Scrutinized Companies: Section 287.135(2)(a), Florida Statutes, prohibits a company from bidding on, submitting a proposal for, or entering into, or renewing an Agreement for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135(2)(b), Florida Statutes, further prohibits a company from bidding on, submitting a proposal for, or entering into or renewing an Agreement for goods or services over One Million Dollars and 00/100 Cents ($1,000,000.00) if, at the time of contracting or renewal, the company is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, both created pursuant to Section 215.473, Florida Statutes, or the company is engaged in business operations in Cuba or Syria.

By submitting a Bid, the Contractor constitutes certification that it is not listed on any of the following:

(a) the Scrutinized Companies that Boycott Israel List, (b) Scrutinized Companies with Activities in Sudan List, or (c) the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.

http://www.vendorlink.ocps.net/

The Contractor further certifies that it is not engaged in a boycott of Israel or engaged in business operations in Cuba or Syria. The Contractor acknowledges that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject it to civil penalties, attorney’s fees, and/or costs. The Contractor further understands that any Agreement with OCPS for goods or services of any amount may be terminated at OCPS’s option if the Contractor (a) is found to have submitted a false certification, (b) has been placed on the List of Scrutinized Companies that Boycott Israel, or (c) is engaged in a boycott of Israel. And, in addition to the foregoing, if the amount of the Agreement is one million dollars ($1,000,000) or more, the Agreement may be terminated at OCPS’s option if the Contractor is found to have submitted a false certification, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria.

13. Compliance with Laws and OCPS Policies and Procedures: Contractors are required to be familiar with all Federal, State, and local laws, ordinances, rules, and regulations that may affect their work in any manner, including OCPS School Board Policies, which are available for review at School Board Policies.

Failure on the part of the Contractor to be aware of any law, ordinance, rule, or regulation will in no way relieve the Contractor from any responsibility or liability arising from the contract award. The Contractor assures and certifies that they will comply with all laws, ordinances, rules, regulations, and all other legal requirements. The Contractor will abide by all OSHA, NFPA, and ADA regulations about the hazards associated with the project, such as fall protection, lockout/tag-out, PPE, safety barricades, portable fire suppression/extinguishers, job site first aid kits, and emergency communication. Any fines levied due to inadequacies or failure to comply with all requirements will be the sole responsibility of the Contractor.

Governmental entities of the State of Florida are prohibited from entering into, amending, extending, and renewing certain contracts and agreements with entities of foreign countries of concern, pursuant to Section 287.138, Florida Statutes, and with business entities that engage in forced labor and human trafficking practices, pursuant to Sections 287.1346 and 786.06, Florida Statutes. Pursuant to Contractor’s executed Affidavit, attached hereto as ATTACHMENT F, Contractor attests that it is not affiliated with, and it is not, an entity of foreign countries of concern, pursuant to Section 287.138, Florida Statutes, and that Contractor does not engage in forced labor and human trafficking practices as defined in Sections 287.1346 and 786.06, Florida Statutes.

14. Confidential, Proprietary, or Trade Secret Material: If the Contractor considers any portion of the documents, data, or records submitted in response to this Bid to be a confidential trade secret, or otherwise not subject to disclosure under Chapter 119 Florida Statutes, the Florida Constitution or other authority, the Contractor must also simultaneously provide the OCPS with a separate redacted copy of its response. The redacted copy will contain the OCPS solicitation name, number, and the name of the Contractor on the cover, and will be clearly titled “Redacted Copy.” Next to each redaction, the Contractor must also include the statutory basis for the exemption. The Redacted Copy will be provided to OCPS at the same time the Contractor submits its response to the Bid and may only exclude those exact portions that are claimed confidential, proprietary, or trade secret.

The Contractor will be responsible for defending its determination that the redacted portions of its response are confidential, trade secret, or otherwise not subject to disclosure. Further, the Contractor will protect, defend, and indemnify OCPS for any claims from or relating to the Contractor’s determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure.

If the Contractor fails to submit a Redacted Copy with its response, OCPS is authorized to produce all the documents, data, or records submitted by the Contractor in response to a public records request for these records.

15. Conflict of Interest: In addition to complete adherence to the requirements provided in Section 112.313, F.S., all Contractors must disclose the name of any officer, director, agent, or representative who is also an employee of OCPS, who knowingly owns, directly or indirectly, any interest of any https://www.ocps.net/42109_4 https://www.ocps.net/42109_4 amount in Contractor’s company, firm, or business, or who derives income of any kind from Contractor’s company, firm or business.

16. Contractor’s Representative: The Contractor must provide a point of contact for the term of this Bid to include the name, email address, office telephone, and cell phone numbers of the person(s) to be contacted for the placement of an order, coordination of services, and to address other issues. If the point of contact differs during regular work hours, after-hours, weekends, or holidays, this must be provided. The Contractor must provide OCPS Procurement Services with any updates to the primary point of contact. OCPS reserves the right to require a change in the Contractor’s point of contact at the District’s sole discretion.

17. Contracts and Amendments: The contents of this Bid and all provisions of the Contractor’s submittal will be considered an agreement and become legally binding. Any changes to the provisions hereinafter awarded must be in writing and signed by both Parties.

18. Data Breach: Contractor agrees to comply with the State of Florida Database Breach Notification Act outlined in Section 501.171, F.S. In the event of a breach described in Section 501.171, F.S.

("Notification Event"), the Contractor will notify OCPS immediately, comply with the requirements of Section 501.171, F.S., and assume responsibility for all costs associated with complying with the breach notification and informing all such individuals required by applicable law. The Contractor agrees to indemnify, hold harmless, and defend OCPS and its trustees, officers, and employees from and against any claims, damages, or other harm related to such Notification Event.

19. Data Confidentiality: The Contractor will implement appropriate measures designed to ensure the confidentiality and security of student information and confidential data, protect against any anticipated hazards or threats to the integrity or security of such information, protect against unauthorized access or disclosure of information, and prevent any other action that could result in substantial harm to OCPS or an individual identified with the data or information in Contractor’s custody.

20. Data Security: The Contractor agrees to protect and maintain the security of data with protection security measures that include maintaining secure environments that are patched and up to date with all appropriate security updates as designated by a relevant authority (e.g., Microsoft notifications, etc.).

In situations where the Contractor will collect and/or store personally identifiable information (PII), protected health information (PHI), or financial or other sensitive data, a SOC 2 Type II report will be made available upon request by OCPS.

21. Data Storage and Backup: The Contractor agrees that any OCPS data will be stored, processed, and maintained solely on designated servers and that no OCPS data at any time will be processed on or transferred to any portable or laptop computing device or any portable storage medium unless that storage medium is in use as part of Contractor’s designated backup and recovery processes. All servers, storage, backups, and network paths used to deliver the service will be located within the states, districts, and territories of the United States, unless specifically agreed to in writing by an OCPS officer with designated data, security, or signature authority. An appropriate officer with the necessary authority can be identified by the OCPS Chief Information Security Officer for any general or specific case. The Contractor agrees to store all OCPS backup data stored as part of its backup and recovery processes in encrypted form.

22. Data Transmission: The Contractor agrees that any transmission or exchange of system application data with OCPS and any other parties will take place via secure means using current industry-approved encryption standards.

23. Delivery: The Contractor will be responsible for the delivery of all items in good condition at the delivery location on each purchase order. Deliveries will be made during OCPS’ normal operating hours. There will be no deliveries made on Saturdays, Sundays, or holidays unless coordinated with the Contractor in advance. It will be the Contractor's responsibility to coordinate the job-site delivery and placement of materials required for the completion of the project with the assigned OCPS representative. The

Contractor will file all claims for breakage and other losses with the carrier. OCPS will document packages that are not received in good condition. In the event the commodities and/or contractual services are found to be defective or do not conform to specifications, OCPS reserves the right to cancel the order upon written notice to the Contractor and return the product at the Contractor’s expense.

24. E-Verify: By submitting a Bid response with OCPS, the Contractor is obligated to comply with the provisions of Section 448.095, Florida Statute, "Employment Eligibility." Further, by execution of this Agreement, the Contractor affirms and represents that it is registered with and uses the E-Verify system and will continue to use it. Compliance with Florida Statutes Section 448.095 includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien.

25. End of Agreement Data Handling: The Contractor agrees that upon the termination of this Agreement, or future agreement between the Parties for similar services and upon request from OCPS, it will return to OCPS all data provided to OCPS in a useable electronic form, and erase, destroy, and render unreadable all OCPS data in its entirety in accordance with DoD 5220.22-M in a manner that prevents its physical reconstruction through the use of commonly available file restoration utilities, and certify in writing that these actions have been completed within thirty (30) days of the termination of this Agreement or within seven (7) days of the request of an agent of OCPS, whichever will come first.

26. Equal Employment Opportunity: OCPS is committed to assuring equal opportunity in contract awards and complies with all laws prohibiting discrimination based on race, color, religion, sex, national origin, disability, age, marital status, sexual orientation, gender identity or expression, genetic information, or any other reason prohibited by law.

27. Execution of Bid Submittal: Each Bid submittal must include the signature of an officer or employee having authority to bind the Contractor in the space(s) provided. Only the terms and conditions of this Bid, as released by OCPS or amended via addendum, are valid. Any modification to any term or condition by the Contractor is not binding unless it is expressly agreed to in writing by OCPS.

28. Extension: In addition to any renewal options contained herein, OCPS has the right to extend any award resulting from this Bid for the period necessary for OCPS to release, award, and implement a replacement agreement for the commodities and/or contractual services provided in this Bid. Such extension will be based upon the same prices, terms, and conditions outlined in this Bid.

29. Facilities: OCPS reserves the right to inspect the Contractor’s facilities at any time with or without prior notice and may use the information obtained to determine whether the Contractor is responsible for the performance of this Bid.

30. Favored Nation Clause: Based on similar size and quantity, it is understood that the Contractor is providing OCPS the same or better pricing than other districts and governmental agencies. If, during the term of this agreement, OCPS identifies a lower price for the same item, the Contractor agrees to offer the District the reduced price.

31. FERPA: To the extent Services provided hereunder pertain to the access of student information, Contractor will adhere to all standards included in Sections 1002.22 and 1002.221, Florida Statutes (the Protection of Pupil Privacy Acts), 20 U.S.C. §1232g - the Family Educational Rights and Privacy Act (FERPA), the federal regulations issued pursuant thereto (34 CFR Part 99), and/or any other applicable state or federal law or regulation regarding the confidentiality of student information and records.