NCPS_School_Bus_WiFi_RFP_2024_02_T_Final.pdf

NELSON COUNTY SCHOOL BOARD

REQUEST FOR PROPOSAL

CAT1 Bus Wifi Equipment, Installation, and Service Nelson County Public Schools

ISSUE DATE: February 28, 2024 DUE DATE: March 27, 2024

TIME: 12:00 PM

RFP#: 2024-02-T

PROCUREMENT CONTACT: Mike Cargill M.Ed.

Supervisor of Technology Nelson County Public Schools Email: mcargill@nelson.k12.va.us

TRANSPORTATION CONTACT: Taylor Ashley Supervisor of Transportation Nelson County Public Schools Email: tashley@nelson.k12.va.us

ISSUING DEPARTMENT: Finance Department Attn: Shannon Irvin Mailing Address

P.O. Box 276 Lovingston, VA 22949

Equipment Delivery Address Nelson County Public Schools (VA) Transportation Department Attn: Taylor Ashley - Supervisor 620 Drumheller Orchard Ln Lovingston, VA 22949-2101 United States mailto:sirvin@nelson.k12.va.us mailto:mcargill@nelson.k12.va.us mailto:tashley@nelson.k12.va.us

Title Sheet - #2024-02-T (This page to be returned with Offeror’s proposal)

OBLIGATION OF OFFEROR: By submitting a proposal, the Offeror covenants and agrees that he has satisfied himself, from his own investigation of conditions to be met, that he fully understands his obligation and that he will not make a claim for, or have the right to cancellation or relief from the resulting contract because of any misunderstanding of lack of information.

Offeror further agrees that conditions herein have been carefully read and this proposal is submitted subject to all requirements stated herein. The undersigned hereby acknowledges and agrees, if this proposal is accepted, to furnish all service agreed upon in strict accordance with the contract.

NAME OF FIRM ____________________________________________________________

ADDRESS OF FIRM _________________________________________________________

BY ______________________________________________________________

(Signature in Ink)

NAME ______________________________________________________________

(Printed Name)

TITLE ______________________________________________________________

(Printed Title)

DATE ______________________________________________________________

SERVICE PROVIDER IDENTIFICATION NUMBER. (SPIN) ________________________

STATE CORPORATION COMMISSION (SCC) NUMBER ___________________________

FCC REGISTRATION NUMBER ___________________________

FEI / FIN NUMBER ___________________________

PHONE _______________________________ FAX ___________________________

EMAIL __________________________________________________________________

version: 20240228

NCPS SCHOOL BUS WI-FI - RFP #2024-02-T

NELSON COUNTY SCHOOL BOARD

Section 01: Introduction

Project Summary:

Nelson County Public Schools seeks the following: a turn-key solution for bus wifi to include (but not limited to) all equipment, installation, and internet plan for E-Rate FY24 (2024-2025). Vendors must provide proposals for the equipment, installation, and service based on the outlined specifications in section 8.

Section 02: Intent to Respond to RFP

Interested parties are encouraged to contact Mike Cargill via email mcargill@nelson.k12.va.us. This notice of intent is due by March 13, 2024. Subject line of the message should state, “Intent to Respond – “CAT1 Bus Wifi Equipment, Installation, and Service - RFP #2024-02-T.”

Body of the message should include:

Name of Company:

Contact Person:

Contact Title:

Address:

City:

State:

Zip:

Phone:

Fax:

Contact Email:

Service Provider Identification Number (SPIN):

Responders are encouraged to include a digital “Return Read Receipt” as no other confirmation will be provided for the receipt of the “Intent to Respond” message. After we have received your “Intent”, we may schedule a meeting to discuss our needs and quantities in more detail, if clarification is needed.

Respondents will also be provided a link to a shared Q/A document where all questions will be answered for all respondents.

In the event addendums or clarifications are required for this RFP, only vendors who have submitted the “Intent to Respond” will receive notice of the updated RFP.

mailto:mcargill@nelson.k12.va.us

Section 03: Response requirements

Vendors are requested to submit their response (or responses) no later than 12:00 pm on the 27th of March, 2024 to:

Nelson County Public Schools C/O Shannon Irvin/Mike Cargill 84 Courthouse Square Lovingston, VA 22949

OR

Email: schoolboard@nelson.k12.va.us

Copies of the vendor response are required:

● 2 - Hard Copies or (1) Digital Copy (acceptable formats include: .PDF, .RTF)

● If additional copies are required, Nelson County Public Schools will request copies in writing.

● Signature of a person authorized to contract for the company must be included.

● Include Service Provider Identification Number (SPIN)

Information regarding Service Provider registration with the Schools and Libraries Division can be located at the following:

https://www.usac.org/e-rate/service-providers/step-1-obtain-a-spin/

● Include Service Provider’s FCC Registration Number as required by program rules established in the 5th Report and Order.

Section 04: RFP Award(s)

After responses are reviewed, the winning vendor(s) will be required to enter into an executory contract at the time of the RFP award. The contract will be in compliance with guidelines of the Universal Service Program. The contract will provide for voluntary extensions of the contract expiration and service substitutions. Execution of the contract and inception of the projects will be contingent on a “FUNDED” Funding Commitment Decision Letter from the Schools and Libraries Division for the associated Funding Request Number (FRN), and issuance of a Purchase Order from Nelson County Public Schools referencing the contract number and (FRN).

version: 20240228 mailto:schoolboard@nelson.k12.va.us https://www.usac.org/e-rate/service-providers/step-1-obtain-a-spin/

Evaluation of all proposals will be based on the following criteria:

Description Weight Notes Price of Eligible Products and/or Services

30% Based on all E-rate eligible costs according to the SLD’s 2024 Eligible Services List.

Vendors proposed timeline for project completion

25% Vendor must provide their proposed timeline for the project completion in the bid response

Prior Experience with Vendor 20% Prior experience within the past 5 years.

Warranty/Maintenance/Support Feature

15% . Technical support services.

Management options 10% Management features for K-12 environments

Section 05: Invoicing

Vendors submitting responses to this Request for Proposal agree to provide discounted billing for products and/or services associated with the projects and seek reimbursement of the discount according to the invoicing guidelines of the Schools and Libraries Division. Nelson County Public Schools will pay for the discounted portion of all invoices when all products and/or services listed on the invoice are delivered in accordance with the contract.

Section 06: Vendor Requirements - RFP #2024-02-T

● As with all E-rate RFPs, the school division will, at its sole discretion, decide whether a vendor/respondent award will result from this RFP. The issuance of this RFP does not obligate the division to make an award.

● Prospective vendor’s employees must have a background check before entering schools during attendance hours.

● The Nelson County Public Schools reserves the right to accept and/or deny any or all items on the proposal at the unit price submitted.

● The Nelson County Public Schools Supervisor of Technology shall be notified immediately regarding any price decrease affecting a bid item. Furthermore, the Nelson County Public Schools shall receive the benefit of the decrease as soon as possible in accordance with the written notification from the contract vendor.

● No invoice will be paid until all purchase order items have been delivered to the school division’s satisfaction.

● The Nelson County Public Schools reserves the right to cancel the contract with the vendor for nonperformance. All items must be new, unused, current technology, not end-of-life, close out, or refurbished products.

● Vendor must be an established business for a minimum of at least 3 continuous years and must have handled orders for the same or similar products.

● Vendor must be in good standing with the FCC and provide a current Service Provider Identification Number (SPIN) with USAC Schools and Libraries (E-rate) throughout the term of any agreement. Please indicate SPIN on all documentation. Vendors who do not currently have green light status will not be considered. The loss of green light status with the FCC shall render any contracts entered into with the vendor to be immediately null and void.

● Vendor may use USAC Template for quote. Template can be located at https://www.usac.org/e-rate/applicant-process/applying-for-discounts/fcc-form-471-filing /. (Section “Bulk Upload Template”)

● Vendors must separate any E-rate eligible items from ineligible items on all quotes and invoicing.

● If the Nelson County Public Schools does not receive E-rate funding as a result of vendor error, the vendor will still be required to provide bid services and the Nelson County Public Schools will only be obligated to their E-rate percentage.

● Quote price is to be all inclusive with no allowable additional cost to the Nelson County Public School.

(shipping, power cords, etc.)

● Itemize and describe any other mandatory charges that the customer must pay to implement the solution, such as software updates, license fees and/or mandatory maintenance or operation charges.

● Provide a sample contract or service order that the Vendor requires customers to sign with submitted bid.

Section 07: Right to Reject Any and All Proposals

We reserve the right to reject any or all proposals and to waive any informalities or regularities. The Service Provider’s submission of a proposal is recognition of this right. In addition, the division reserves the right to fund (proceed with project or purchase) or not to fund, regardless of E-Rate approval.

Section 08: Equipment, Installation and Internet Service

(1) Equipment: Modem or router, antenna, licenses, and related parts and cabling

● Modem or router must be dual SIM compatible for T-Mobile, Verizon and/or AT&T.

● Preferred model: Kajeet R2105 with external antenna, or comparable.

● Must support 60 concurrent client connections with a minimum of 5 MBS per client.

● Quantity: 57 units to be installed in NCPS school buses.

● Web-based portal to monitor and manage device status and usage.

● Any and all associated license/software costs associated with the system.

● The Nelson County Public Schools will utilize the SPI invoicing method for this portion of the project.

(2) Installation:

● The contractor will be responsible for installing the turn-key bus wifi solution in 57 school buses for Nelson County Public Schools.

● Field Quality Control: All mounted equipment must be properly secured and sealed with high quality, leak-proof gaskets and/or sealant to prevent moisture leaks into the bus.

● The vendor will provide a minimum 1-year warranty for installation to cover any replacement or maintenance needed resulting from faulty equipment or installation.

● Vendor must provide the estimated timeline for installation of stated equipment.

● Vendor will have 1 months from the start of the project to complete installation of all 57 bus wifi. Timeline may be adjusted based on the quantity purchased. Vendors should outline their timeline for project completion in the bid response. NCPS would like this to be summer project is possible.

● Vendor must coordinate installation times around the bus route schedule. Buses will be made available for installation during nights, weekends, and school closure days as coordinated in advance with the Nelson County Public Schools Transportation Department.

● The Nelson County Public Schools will utilize the SPI invoicing method for this portion of the project.

(3) Mobile Internet Service

● CIPA compliant internet service.

● Compatible to support both an T-Mobile SIM, Verizon SIM and/or AT&T. Due to rual bus routes, two SIM will be requested to provide best coverage possible.

● Vendors must provide a map of service available within the Nelson County, Virginia division and identify any “dead zones” or areas with limited service availability.

● Unlimited data per bus.

● The Internet Service must be included in and invoiced by the vendor; the vendor must indicate if monthly or annual billing for the internet service is offered. Annual billing is preferred.

● The Nelson County Public Schools will utilize the SPI invoicing method for this portion of the project.

Funding:

Any agreement between the Nelson County Public Schools and the selected vendor will be contingent upon the availability of E-rate and local funding, as well as school board approval.

Schedule of Events:

EVENT DATE

Release of RFP to Bidders February 28, 2024

Clarification RFP Meeting February 29 - March 25, 2024

Last Date for Questions March 12, 2024

Final Proposal Due March 27, 2024 by 12 PM

Contract Award March 27, 2024

Services Begin July 1, 2024

All questions must be submitted through the CAT1 Bus Wifi Equipment, Installation, and Service - RFP #2024-02-T | Questions Submission Form

Section 09: General Terms and Conditions

CONDITIONS OF THE PROPOSAL

1. CLARIFICATION OF TERMS: If any Offeror has questions about the specifications or other solicitation documents, the prospective Bidder/Offeror should contact the Finance Office no later than five (5) business days prior to the date set for the opening of bids or receipt of proposals. Any revisions to the solicitation will be made only by addendum issued by the Finance Office. The paragraphs of this document apply to all purchases whether solicited by request for bid, request for proposals, or other method, regardless of the use of the word “bid” or “proposal” in an individual paragraph.

version: 20240228 https://bit.ly/RFP2024-02-T_QandA_Submission_Form https://bit.ly/RFP2024-02-T_QandA_Submission_Form https://bit.ly/RFP2024-02-T_QandA_Submission_Form

2. MANDATORY USE OF OWNER FORM AND TERMS AND CONDITIONS: If requested in the solicitation, failure to submit a proposal on the official Owner form provided for that purpose shall be a cause for rejection of the proposal.

3. LATE PROPOSALS: Any proposal received at the Finance Office after the exact time specified for receipt of the proposal is considered a late proposal.

The Owner is not responsible for delays in the delivery of the mail by the U.S. Postal Service, private carriers or the inter- office mail system. It is the sole responsibility of the Offeror to ensure their proposal reaches the Finance Office by the designated date and hour.

Late proposals/modifications will be returned to the Offeror unopened, if the solicitation number, acceptance date and Offeror’s return address is shown on the container.

If the Owner closes its offices due to inclement weather, scheduled proposal openings or receipt of proposals will be extended to the next business day, same time.

4. ADDENDA: By submitting a proposal, the Offeror certifies that (i) he has made due inquiry of the Owner as to the existence of any addenda issued in connection with the bid solicitation documents, (ii) he is satisfied that he has received any and all such addenda and he has taken the contents thereof into consideration when preparing and tabulating his bid; and (iii) he accepts full and complete responsibility for the receipt of any and all such addenda and waives any claim of mistake or error in his bid based upon his failure to have received any one or more addenda.

5. MODIFICATION OF PROPOSALS: Unauthorized modification of or any additions to any portion of the Invitation to Bid, Request for Quotation, or Request for Proposal may be cause for rejection of the bid/quotation request/proposal, or Owner may reject and refuse to consider any modification as a part of the proposal..

6. WITHDRAWAL OF PROPOSALS: An Offeror for a contract other than for public construction may request withdrawal of his or her proposal under the following circumstances:

a. A written request for a withdrawal of a Proposal or any part thereof will be granted if received by the Owner prior to the specified bid opening date and time.

b. Requests for withdrawal of proposals after opening of such proposals but prior to award shall be transmitted to the Purchasing Agent, in writing, accompanied by full documentation supporting the request. If the request is based on a claim of error, documentation must show the basis of the error.

Such documentation may take the form of supplier quotations, vendor worksheets, etc. If bid bonds were tendered with the bid, the Owner may exercise its right of collection subject to the provisions of §2.2-4330 of the Code of Virginia.

c. No Proposal may be withdrawn under this paragraph when the result would be the awarding of the contract on another Proposal of the same offeror or of another offeror in which the ownership of the withdrawing offeror is more than five percent. In the case of Invitation for Bid, if a bid is withdrawn under the authority of this paragraph, the lowest remaining bid shall be deemed to be the low bid. No offeror who is permitted to withdraw a proposal shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn proposal was submitted.

7. ERRORS IN PROPOSALS: When an error is made in extending total prices, the unit bid price will govern. Erasures in proposals must be initiated by the Offeror. Carelessness in quoting prices, or in preparation of proposals otherwise, will not relieve the Offeror. Offerors are cautioned to recheck their proposals for possible error. Errors discovered after public opening cannot be corrected and the offeror will be required to perform if his or her proposal is accepted, except as provided in paragraph 9 hereof.

8. PUBLIC INSPECTION OF PROPOSALS: All submitted proposals, and any accompanying data, materials or documentation will become the property of the Owner and will be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protections of §2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary.

Trade secrets or proprietary information submitted by a bidder, offeror or contractor in connection with a procurement transaction or prequalification application submitted pursuant to subsection B of § 2.2-4317 shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.); however, the bidder, offeror or contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary.

9. TAX EXEMPTION: The Owner is exempt from the payment of any federal excise or any Virginia sales tax. The bid price must be net, exclusive of taxes. Tax exemption certificates will be furnished by Nelson County Public Schools on request.

10. COUNTY BPOL LICENSING: All firms with a business location in Nelson County are required to be licensed in accordance with the County’s “Business, Professional, and Occupational Licensing (BPOL)” Tax Ordinance. Questions concerning the BPOL Tax should be directed to the Office of the Commissioner of the Revenue, telephone 434-263-7070.

SPECIFICATIONS

11. BRAND NAME OR EQUAL ITEMS: Any specific make, manufacturer or brand, names used in connection with articles mentioned in the specifications are used to convey the general style, type, character, and quality of the article desired. The Owner may consider other brands as substitutes if written evidence and other data submitted to the Owner by the vendor can satisfactorily substantiate version: 20240228 http://lis.virginia.gov/cgi-bin/legp604.exe?000%2Bcod%2B2.2-4317 http://lis.virginia.gov/cgi-bin/legp604.exe?000%2Bcod%2B2.2-3700 equality. The Owner’s representative shall be the sole determining authority as to quality, workmanship, and suitability of purpose. The Offeror is responsible to clearly and specifically indicate the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Owner to determine if the product offered meets the requirements of the solicitation.

Failure to furnish adequate data for evaluation purposes may result in declaring a proposal non-responsive. Unless the Offeror clearly indicates in its proposal that the product offered is an "equal" product, such proposal will be considered to offer the brand name product referenced in the solicitation, or in failure to consider the proposal.

12. PRODUCT EVALUATION: The Owner reserves the right to conduct any test it may deem advisable to establish that the products and/or services offered are in accordance with the contract requirements. The Owner reserves the right to reject the proposal of any Offeror who does not pass such evaluation to the Owner’s satisfaction.

13. FORMAL SPECIFICATIONS: When a solicitation contains a specification which states no substitutes, no deviation therefrom will be permitted and the offeror will be required to furnish articles in conformity with that specification.

14. OMISSIONS & DISCREPANCIES: Any items or parts of any equipment/product listed in the solicitation which are not fully described or are omitted from such specification, and which are clearly necessary for the completion of such equipment/product and its appurtenances, shall be considered a part of such equipment/product although not directly specified or called for in the specifications.

The Offeror shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission, but shall fully complete every part as the true intent and meaning of the specifications and drawings.

15. CONDITION OF ITEMS: Unless otherwise specified in the solicitation, all items shall be new, in first class condition.

AWARD AND CONTRACT

16. AWARD OR REJECTION OF BIDS:

a. The Owner shall award the contract to the highest qualified offeror who complies with all provisions of the RFP provided the proposal price is within funding available for the project. Awards made in response to a RFP will be made to the highest qualified offeror whose proposal is determined to be the most advantageous to the Owner taking into consideration the evaluation factors set forth in the RFP, in the sole judgment of the Owner.

b. The Owner reserves the right to reject any and all proposals, in whole or in part, to waive any and all informalities, whenever such rejection or waiver is in the best interest of the Owner.

c. Notice of Award – Upon the award or announcement of the decision to award a contract as a result of this solicitation, the purchasing department will publicly post such notice on the Nelson County website (www.nelson.k12.va.us) for a minimum of 10 days.

17. QUALIFICATIONS OF OFFERORS: The Owner may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the work/furnish the item(s) or services, and the Offeror shall furnish to the Owner all such information and data for this purpose as may be requested. The Owner reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the Offeror’s capabilities. The Owner further reserves the right to reject any proposal if the evidence submitted by or investigations of, such Offeror fails to satisfy the Owner that such Offeror is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated therein.

18. STANDARDS OF CONTRACT: The Owner reserves the right to cancel and terminate a contract at any time, at the convenience of the Owner. Repeated delays or partial deliveries and returns for inadequate, damaged, or spoiled products shall be interpreted as failure to meet contractual obligations and may cause cancellation of the contract. Upon receipt of notice of termination, the Contractor shall cease all deliveries or services unless advised by the Owner to do otherwise. In the event of termination, the contractor shall be compensated for those deliveries or services provided to the satisfaction of the Owner as of the date of termination. That compensation shall be the sole remedy or compensation due to the Offeror/Contractor who shall have no other claim for damages.

19. AVAILABILITY OF FUNDS: Award and contract are conditioned upon appropriation and availability of funds from year to year. If sufficient appropriation and funding is not available, in the sole judgment of the Schools, the Schools may terminate the contract without penalty, cost, or damage payment.

20. NEGOTIATIONS WITH LOWEST RESPONSIBLE BIDDER: Unless canceled or rejected, a responsive bid from the lowest responsible bidder will be accepted as submitted, except that if the bid from the lowest responsible bidder exceeds available funds, the Owner may negotiate with the apparent low bidder to obtain a contract price within available funds. The negotiation will be undertaken under conditions and procedures described in writing and approved by the Owner prior to issuance of the IFB, or according to the Code of Va.

21. INSURANCE: If requested in the solicitation, the Contractor shall secure and provide insurance in at least the following amounts:

Automobile Liability Insurance: $1,000,000 combined single limit

General Liability Insurance: $1,000,000 occurrence limit, $2,000,000 general http://www.nelson.k12.va.us/ aggregate Professional Liability (if appropriate): $1,000,000 occurrence limit, $2,000,000 aggregate

Workers’ Compensation Insurance at statutory limits as required under the Virginia Workers’ compensation Act

Within 15 days after Notice of Award, the Contractor agrees to furnish a Certificate of Insurance naming Nelson County Public Schools as additional insured.

All insurance shall be written by insurance companies licensed to do business in the Commonwealth of Virginia. The insurance company must have an A.M. Best Rating of A- or better. The insurer shall provide 30 days written notice to Nelson County Public Schools before any cancellation or non-renewal of insurance coverage

22. INDEMNITY: The contractor shall indemnify and hold harmless the Nelson County School Board, its officers, boards, commissions, agents and employees against any and all claims, demands, causes of action, suits, proceedings, damages, costs or liabilities (including costs or liabilities of the Nelson County School Board with respect to its employees), of every kind and nature whatsoever, including, but not limited to, damages for injury or death or damages to person or property, regardless of the merit of any of the same, including any attorney fees, accountant fees, expert witness or consultant fees, court costs, per diem, expense traveling and transportation expense, or other costs or expense arising out of or pertaining to the performance of the Agreement by contractor unless resulting from the negligence of the Nelson County School Board or its officers, boards, commissions, agents or employees in which event a court may apportion the damage.

23. PAYMENT TERMS: Unless otherwise provided in the solicitation, payment will be made thirty

(30) days after receipt of a proper invoice, or thirty (30) days after receipt of all goods or acceptance or work, whichever is later. No interest, late charges, or attorney fees will be paid under any circumstances by the School Board.

24. CHANGES TO THE CONTRACT:

a. During performance of the contract, the parties may agree to modify the scope of the contract. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

b. The Owner may order changes within the general scope of the contract at any time by written notice to the Contractor. Changes within the scope of the contract may include, but are not limited to, services to be performed, the method of packing or shipment, and the place of delivery or installation. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Owner a credit for any savings.

Said compensation shall be determined by written mutual agreement between the parties.

c. No modification for a fixed price contract may be increased without the advance written approval of the Nelson County School Board.

25. EMPLOYMENT DISCRIMINATION: During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

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

d. The contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

26. DRUG FREE WORKPLACE: During the performance of this contract, the contractor agrees to

(i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees place by or on behalf of the contractor that the contractor maintains a drug-free workplace;

and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

27. NONDISCRIMINATION STATEMENT

In accordance with the Code of Virginia §2.2-4310 and §2.2-4343.1, this public body does not discriminate against faith based organizations or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

28. ILLEGAL ALIEN EMPLOYMENT: In accepting this contract, the Contractor certifies that it does not and will not, during the performance of this contract, violate the provisions of the Federal Immigration Reform and Control Act of 1986, which prohibits employment of illegal aliens.

29. LICENSE: If in a business or profession required to be licensed by the Commonwealth of Virginia, you must provide your state contractor’s or professional certificate number.

30. COMMONWEALTH OF VIRGINIA BUSINESS TRANSACTIONS: All Offerors organized, licensed or authorized to transact business or perform the contract contemplated in the Commonwealth of Virginia pursuant to Title13.1 or Title 50 of the Virginia Code, or any other provision of the Code, must include in its proposals the identification number issued to it by the State Corporation Commission and a copy of any license. Any Offeror that is not required to be authorized or licensed to transact business or perform this contract in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its proposal a statement describing why the Offeror is not required to be so authorized or licensed.

31. CONTRACT FORMATION: The Contractor or successful bidder or offeror agrees to sign a contract drafted or approved by the Schools’ Attorney. In the event no such contract is signed, the terms and conditions of all specifications, plans, and documents of the Request for Proposal or Bid and all terms herein, shall constitute the terms of the contract and no provision of any response, proposal, or other agreement may vary or alter the same unless agreed in writing and approved by the Schools’ Attorney. No provision of any other contract document may waive this provision unless expressly so stated and signed by the parties.

32. MODIFICATION: Any term or provision submitted as part of your response that in any way attempts to change or modify the term of the contract documents or these contract terms, conditions, and instructions shall be ineffectual, null and void. In addition, Nelson County Schools may declare a proposal that attempts to do so unresponsive and disqualified, in its sole discretion. In lieu of declaring the proposal or response disqualified, the Schools shall consider the modifications null and of no effect.

33. ASSIGNMENT: The contractor shall not assign this contract without the prior written consent of Nelson County Schools.

34. COSTS AND FEES: In the event of any breach of contract, negligence, or other claim or cause of action that may arise against the Offeror/Contractor, said Offeror/Contractor shall be responsible for all attorney fees, accountant fees, expert witness or consultant fees, court costs, per diem, expense, traveling and transportation expense, or other costs or expense arising out of or pertaining to the performance of the work, contract, or agreement, by contractor and any resulting claim, suit, arbitration, mediation, investigation, testing, preparation,or action.

OFFEROR/CONTRACTOR REMEDIES

35. PROTEST: Offerors may refer to §2.2-4357 through §2.2-4364 of the Code of Virginia to determine their remedies concerning this competitive process.

36. APPLICABLE LAWS AND VENUE:

a. Any contract resulting from any solicitation shall be governed by the laws of the Commonwealth of Virginia. Venue for any litigation arising from or related to a solicitation, RFP/B, or resulting work, business, or contract shall be proper only in Nelson County General division Court or Nelson County Circuit Court.

b. The Contractor shall comply with all applicable federal, state and local laws

37. CLAIMS PROCEDURE: Contractual claims must be submitted to the Nelson County School Board in writing no later than ten (10) days after the time of occurrence or beginning of the work upon which the claim is based. The Board will consider all facts provided to it in a format established by the Board and render a decision within sixty (60) days of receipt of the claim. Failure to act by the Board shall operate to relieve the contractor from the claims procedure and allow the contractor to file suit for relief.

38. SEVERABILITY: In the event that any provision of these documents shall be adjudged or decreed to be invalid, such ruling shall not invalidate the entire contract but shall pertain only to the provision in question or to the specific portion of such provision, and the remaining provisions shall continue to be valid, binding, and in full force and effect.

39. COOPERATIVE PROCUREMENT: This procurement is being conducted by the Nelson County School Board in accordance with the provisions of 2.2-4304 Code of Virginia. Except for contracts for architectural and engineering services, if agreed to by the contractor, other public bodies may utilize this contract. The Contractor shall deal directly with any public body it authorizes to use the contract. The County, its officials and staff are not responsible for placement of orders, invoicing, payments, contractual disputes, or any other transactions between the Contractor and any other public bodies, and in no event shall the County, its officials or staff be responsible for any costs, damages or injury resulting to any party from use of a County Contract.

The County assumes no responsibility for any notifications of the availability of the contract for use by other public bodies, but the Contractor may conduct such notification.

NELSON COUNTY SCHOOL BOARD - REQUEST FOR PROPOSAL

CAT1 Bus Wifi Equipment, Installation, and Service - RFP #2024-02-T - EQUIPMENT BID SHEET - EXHIBIT A - BIDDERS

RESPONSE FORM

ITEM MFG Description Qty (Est)

Unit Amount Extended Cost Part Number Model Number

Amount Ineligibile for E-Rate Funding

Equipment for 57 Buses

Installation for 57 Buses

Internet Service for 57 Buses

Total Bid Price >

The bid will be evaluated according to the rubric included in the RFP using Total Bid Price as the cost component.

Signature: _________________________________________ Title: ______________________________ Date: __________________