Project_Info_Packet_-0561FAC-RFQ-2026_CSA_for_DP_&_CM.pdf

May 13, 2026

Request for Qualification (RFQ)

0561FAC-RFQ-2026 CONTINUING SERVICE AGREEMENT FOR

DESIGN PROFESSIONALS (DP) & CONSTRUCTION MANAGEMENT (CM)

Q & A SESSION

MANDATORY: NO

WEDNESDAY, MAY 20, 2026, 9:00 AM

Microsoft Teams Meeting Information

CLICK HERE

QUESTION END DATE

WEDNESDAY, MAY 27, 2026, 12:00 PM

BID DUE DATE

THURSDAY, JUNE 18, 2026, 9:00 AM

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

THIS COVERSHEET MUST BE SIGNED BY THE AUTHORIZED CONTRACT SIGNATORY.

COMPANY NAME

PRINCIPAL PLACE OF BUSINESS MAILING ADDRESS CITY, STATE, ZIP

FEDERAL EMPLOYERS’ IDENTIFICATION NUMBER (FEIN) E-Verify #

TELEPHONE NUMBER FAX NUMBER

EMAIL

PRINTED NAME and TITLE

AUTHORIZED SIGNATURE 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.

OPERATIONS DIVISION

1202 East Palm Avenue

Tampa, Florida 33605 https://teams.microsoft.com/meet/278858425212794?p=fIoDIw9CYBgLrm8pHG

Hillsborough County Public Schools Page 2 of 38 Request for Qualification: 0561FAC-RFQ-2026 CSA FOR DP & CM

RFQ REQUIRED SUBMITTAL CHECKLIST

1. SECTION 1- PROJECT OVERVIEW and SCOPE OF WORK

2. SECTION 2 - SELECTION SCHEDULE

3. SECTION 3 - SELECTION PROCESS

4. SECTION 4 - SUBMISSION INSTRUCTIONS

5. SECTION 5- EVALUATION CRITERIA SCORE SHEET-

6. SECTION 6 - GENERAL TERMS AND CONDITIONS:

APPENDIX A: Drug-Free Workplace Certification

APPENDIX B: Certification Regarding Debarment, Suspension Ineligibility, And Voluntary Exclusion

APPENDIX C: Truth and Accuracy Statement

APPENDIX D: Non-Collusion Affidavit

APPENDIX E: Byrd Anti-Lobbying Amendment Certification Form

APPENDIX F: Vendor Affidavit Regarding the Use of Coercion For Labor and Services Human Trafficking

APPENDIX G:CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED AFFIDAVIT …………30

APPENDIX H: INSURANCE & INDEMNIFICATION REQUIREMENTS

APPENDIX I: FEDERAL FUNDING (IF APPLICABLE)

APPENDIX J: ADDENDA AND BID FORM (IF APPLICABLE)

Separate Vendor Link Attachment:

• HCPS Vendor Registration/Substitute W-9 Form. Generic W-9 forms are not accepted.

• USDA Requirements. Multiple Documents

• FEMA Requirements.

• SF330, Part II Form (page 6 only). Design Professionals only.

• 01020 HCPS Contractors Qualification Statement. Construction Managers Only.

Hillsborough County Public Schools Page 3 of 38

RFQ REQUIRED SUBMITTAL CHECKLIST

To ensure that the Proposer/Bidder includes all the necessary submittals to complete a thorough Proposal evaluation, please use this checklist to make sure you have enclosed all required documents before uploading the Proposal. The following documents must be submitted as part of the Firm’s RFQ submission:

☐ Request for Qualification and Firms Acknowledgement – Coversheet Page 1

☐ Required Submittals Checklist Page 3: Signed and submitted with the Proposal.

☐ SECTION 6- General Terms and Conditions Signature Page

☐ Appendix A - Drug-free Workplace Certification

☐ Appendix B - Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion –

Lower Tier Covered Transactions

☐ Appendix C – Truth and Accuracy Statement

☐ Appendix D – Non-Collusion Affidavit

☐ Appendix E - Byrd Anti-Lobbying Amendment Certification

☐ Appendix F - Vendor Affidavit Regarding the Use of Coercion for Labor and Services Human Trafficking

☐ Appendix G- Contracting With Entities of Foreign Countries of Concern Prohibited Affidavit

☐ Appendix H- Insurance and Indemnification Requirements (Proof of Insurance to be part of submittal)

☐ Appendix I- Federal Funding (if applicable). FEMA Requirements. Separate attachment in Vendor Link

☐ Appendix J- Addenda and Bid Form (if applicable)

☐ If a Florida Corporation, a screenshot of “ACTIVE” status through www.sunbiz.org

☐ Copy of certification for proper incorporation, registration from Florida Secretary of State, or business tax

☐ Copy of current Florida Professional Registration Certificates or licenses for general Firm.

☐ HCPS Vendor Registration/Substitute W-9 Form. Separate attachment in Vendor Link

☐ USDA Requirements. Separate attachments in Vendor Link

☐ Design Professionals and Engineers only, an SF330, Part II Form (page 6 only).

☐ Construction Managers Only, a Contractor’s Qualification Statement on either an AIA 305 or the District’s Form.

☐ Presentation per section 4. Separate file.

Proposer, Print Name Title

Signature Date

Hillsborough County Public Schools Page 4 of 38

1. SECTION 1- PROJECT OVERVIEW and SCOPE OF WORK

The SCHOOL BOARD OF HILLSBOROUGH COUNTY, Florida, announces that services will be required on a continuing services basis for projects in the coming years as follows:

Item Description Initial Term Renewal Options

A Continuing Service Contracts for Architectural Design Service for projects valued under $7.5 million in total construction cost

09/16/26-09/15/29 Two (2) one-year renewal options

B Continuing Service Contracts for Construction Management Services for projects valued under $7.5 million in total construction cost

09/16/26-09/15/29 Two (2) one-year renewal options

SCOPE OF WORK OR SERVICES:

Hillsborough County Public Schools (“HCPS”) hereby issues this competitive solicitation (“Request for Qualification,” “RFQ,” or “solicitation”), in accordance with the requirements of section 287.055, Florida Statute, to announce that HCPS is accepting proposals for the services referenced above. The proposal must demonstrate by their qualifications, experience, availability, approach, and work plan that they will best serve the overall needs of HCPS.

A. Design Professionals (DP) Services :

• Pre-design planning, site visits, and feasibility evaluations

• Schematic design, design development, and construction documents

• Coordination of architectural and engineering disciplines

• Code compliance and coordination with regulatory agencies

• Preparation of opinions of probable construction cost

• Assistance with bidding/procurement

• Construction administration, including submittal review, RFIs, site visits, and punch lists

• Project closeout services

B. Construction Management (CM) Services

• Pre-construction planning, scheduling, cost estimating, and constructability reviews

• Value analysis and coordination with Design Professionals

• Assistance with procurement and bid package administration

• Construction phase management, scheduling, and cost control

• Review of submittals, RFIs, pay applications, and change requests

• Coordination of inspections, testing, and project closeout activities

C. Additional / On-Call Services

• Emergency or expedited services

• Minor renovations and facility improvements

D. General Requirements

• Compliance with Section 287.055, Florida Statutes, and District policies

• Maintenance of required licensure, certifications, and insurance

• Coordination with District staff and stakeholders

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The District makes no guarantee as to the volume, value, or frequency of work assigned under any continuing services agreement. All projects shall be authorized by written task assignment. Scope, compensation, and schedule for each task shall be negotiated in accordance with Section 287.055, Florida Statutes.

Contract Term:

The initial term of this agreement shall begin upon Board approval for three (3) years and shall automatically renew for up to two (2) additional one‑year periods, contingent upon annual budget appropriations, satisfactory Contractor performance, the continued need for the commodities and/or services, and mutual agreement between HCPS and the Contractor.

Any existing contract, agreement, or purchase arrangement for these services awarded under any previous solicitation shall automatically expire upon execution and award of this Agreement.

• Temporary Renewal. If HCPS needs to extend the Agreement beyond the stated renewal periods, HCPS and the Contractor may agree to renew the contract for a period not to exceed 180 days.

• Temporary Unilateral Renewal. If the Contractor requests to not renew the Agreement at the end of an effective term, it is understood and agreed that HCPS may unilaterally renew the Agreement, for a period not to exceed ninety (90) days, under the same prices, terms, conditions, and specifications to allow for resoliciting the Contract.

Requirements:

• Respondents must be authorized to do business in the State of Florida at the time of submission.

• Respondents must possess professional licenses and registration in accordance with applicable statutes, regulations, and rules.

• Respondents must be knowledgeable of Florida Statutes.

• Respondents must be able to demonstrate financial strength appropriate to the scale of the project to be managed.

• Respondents must demonstrate their staff has proven experience of successfully providing services to educational facilities.

• Respondents shall comply with laws governing public facilities construction requirements, SREF, chapter

50, F.S. chapter 1013, F.S., and sections 255.05, 255.20, 287.0935, 287.133, 489.113(4)(c) and 553.60 through 553.64, F.S.

Budget:

Multiple funding sources may be utilized for Services performed under any award resulting from this Request for Qualifications (“RFQ”), including, but not limited to, Florida Department of Agriculture and Consumer Services (FDACS) / United States Department of Agriculture (USDA) funds, Federal Emergency Management Agency (FEMA) funds, capital funds, operating funds, and other legally available federal, state, or local funding sources.

This RFQ is issued for Continuing Professional Services pursuant to Section 287.055, Florida Statutes (Consultants’ Competitive Negotiation Act – CCNA). Any agreement awarded as a result of this RFQ is intended for the performance of individual projects with a total construction cost not to exceed Seven Million Five Hundred Thousand Dollars ($7,500,000) per project, as permitted under CCNA and applicable District policy.

The estimated annual expenditures for the Services described herein are subject to the availability of funds.

To the extent that Services are funded, in whole or in part, with federal funds, including but not limited to USDA and FEMA funds, the Consultant shall comply with all applicable federal statutes, regulations, executive orders, grant conditions, and agency guidance, including but not limited to 2 CFR Part 200 (Uniform Guidance), procurement standards, cost allowability requirements, audit and access to records provisions, and record retention

Hillsborough County Public Schools Page 6 of 38 requirements. Projects administered through the Florida Department of Agriculture and Consumer Services (FDACS) and funded wholly or partially with federal funds are estimated at approximately $4,700,000.00 annually.

Award:

• HCPS intends to award to all qualified Design Professionals (DP) and Construction Managers (CM).

Q&A Session:

Project clarifications will be addressed during the Q&A Session at 9:00 AM on Wednesday, May 20, 2026, via the TEAMS platform. Further details are provided on the RFQ cover page.

All questions concerning this solicitation will only be accepted through the VendorLink System to ensure all interested parties receive the same information. The question period will remain available after the Q&A Session until the question end date.

Definition:

Contractor: is an individual or company hired to perform work or provide services to the owner under the terms of a contract. Contractors can be involved in various fields, such as construction, consulting, and more.

2. SECTION 2 - SELECTION SCHEDULE

0561FAC-RFQ-2026 CONTINUING SERVICE AGREEMENTS

Design Professional and Construction Management Services

ACTIVITY DATES

Legal Announcement begins Wednesday, May 13, 2026

Question and Answer (Q&A) Session Wednesday, May 20, 2026, at 9:00 a.m.

Responses to Announcement are due Thursday, June 18, 2026, at 9:00 a.m.

Selection Committee evaluates submittals Wednesday, July 15, 2026

Selection Committee reports final ranking Wednesday, July 15, 2026

Staff recommendation and intent to award Thursday, July 16, 2026

The proposed agreements are presented to the School Board.

Tuesday, September 15, 2026

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3. SECTION 3 - SELECTION PROCESS

GENERAL

Florida Statute 287.055, “Consultant’s Competitive Negotiations Act” (CCNA), prescribes methods by which professional services of architects, engineers, land surveyors, design/builders and construction managers must be procured.

District Policy 6330 conforms with the Consultants’ Competitive Negotiation Act (CCNA) This process is intended to advance public interest by identifying and selecting the best-qualified professional consultants.

District Policy 6320.02- Please reference the link for policies related to the Office of Supplier Development.

ANNOUNCEMENT

On occasions, when professional services may be required, these services must be publicly announced by the publication of a legal notice in various local newspapers.

The advertisement will include:

• a general description of each work activity

• project scope

• project budget, if available

• instructions detailing how additional information may be obtained, Additional information will include the submission requirements for consideration and the specific criteria on which submissions will be evaluated.

COMPETITIVE SELECTION

The competitive selection process involves a process which focuses on submitted materials, references and past experience. Sub-consultants, if any, and project staff assignments shall be identified in the submitted materials.

Specific submittal requirements are in Section 04 – Standardized Submittal Criteria of this packet.

During the review, the HCPS Selection Committee shall evaluate, in a uniform and consistent manner, each applicant’s submitted materials. For each applicant, the committee shall:

• Confirm each Applicant has clearly identified their area of expertise and the category of services on which they are proposing.

• Evaluate the materials submitted and/or on file from each applicant including confirmation that the firm possesses the necessary professional license(s) or registration(s) necessary to perform the work.

• At the committee’s discretion, references may be contacted to confirm the prior experience of each applicant.

• Review performance evaluation data on file and/or discuss with District staff the applicant’s prior performance.

• Generate and report a score for each applicant. (The score sheet, including criteria and associated weights, can be found in Section 05 – Evaluation Criteria Score Sheet of this packet.)

https://www.sdhc.k12.fl.us/policymanual/detail/511 https://www.hillsboroughschools.org/site/default.aspx?PageType=2&PageModuleInstanceID=20483&ViewID=1c43854f-5875-4d47-be5f-0e18028c22cb&FlexDataID=86328

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Scores from the review shall be used to identify a ranked list in each of the two (2) service categories that are included as part of this announcement. At the discretion of the Selection Committee, the highest ranked firms may be asked to participate in a round of face-to-face interviews to further refine the list of firms who may qualify for Continuous Service Contracts.

At the conclusion of the ranking process, service contract recommendations will be submitted for School Board approval. The number of firms recommended in each category will be at the discretion of the Selection Committee.

CONTRACT

All consultant agreements shall be based on the standard contract documents prepared by the District.

Contracts will strictly follow the form in the contract templates included in the District Standards. All contract document forms have been reviewed and approved by the Board’s attorney prior to use. If there are any exceptions to the terms and conditions and HCPS cannot negotiate the Contractor is non-responsive.

Any deviations from the standard contract language must be articulated in the firm’s initial presentation (under the Project Management portion of their submission) and will be assessed as part of their proposal during the evaluation process.

All Engineering and Consulting Service Agreements should be considered full service.

PROJECT MANAGEMENT EXPECTATIONS

HCPS places a great deal of emphasis on successful design and project management.

To this end, change management, cost controls and timely scheduling are critical to the success of projects.

• Communication between HCPS and the firm’s staff is expected to be timely and clear.

• Changes to agreed-upon scope, budget or costs should be communicated as quickly as possible and in accordance with the terms of the contract.

• As stewards of taxpayer funds, HCPS relies upon the firms it does business with to control the costs of its projects and ensure that these costs are reasonable and fair.

• The timely completion of projects is paramount to our continued operations.

[INTENTIONALLY BLANK]

https://www.sdhc.k12.fl.us/doc/list/construction/agreements-contracts/24-782/ https://www.sdhc.k12.fl.us/doc/list/construction/construction-standards/24-784/

Hillsborough County Public Schools Page 9 of 38

4. SECTION 4 - SUBMISSION INSTRUCTIONS

All HCPS solicitations are required to be submitted electronically through VendorLink. Applicants must clearly indicate, in their proposal submission which of the three (3) work categories for which they would like to receive consideration. Submittals that lack the proper identification or are not specific as to the desired category will be disregarded. Firms proposing for more than one category may submit a single proposal but must clearly identify each category.

Submitting a proposal hereunder is an indication that the proposing firm has reviewed and is familiar with the terms of the Owner’s “Design Agreement – Continuing Services Edition” (and the “CM Agreement – Continuing Services Edition), as appropriate, and his/her proposal provides for compliance with all the terms therein, without exception, unless noted by the Applicant in their submission.

A. Solicitations posted in VendorLink will have the following options at the top right of the page.

Select “Create a Quote/Bid”

B. This will bring you to the following screen: (Note: This is a sample) http://www.myvendorlink.com/

Hillsborough County Public Schools Page 10 of 38

Be sure to Upload all files requested in the Project Information Packet. Typically, this includes at least:

(1) Response packet in PDF format with all required signed documents inclusive of the Firm’s Acknowledgement form (coversheet page 1) and checklist page 3 with all required documents following.

(a) Terms and Condition Signature page with all appendices to include USDA forms.

(b) Legible image of the license(s) or certification(s) held by the applicant for the specific work category being sought.

(c) Legible image of business tax receipt or articles of incorporation.

(d) Substitute W-9 form. The HCPS substitute W-9 form will be accessed via VendorLink under document. Please note that the generic W-9 form will not be accepted.

(e) For Design Professionals and Engineers Only, in addition to, and separate from the presentation file, an SF330, Part II Form (page 6 only) must be submitted.

This document is located in VendorLink and should be completed and uploaded with a file name that reflects the form name and the firm submitting (e.g., SF330-BOBSENGINEERING).

(f) For Construction Managers Only, in addition to, and separate from the presentation file, a Contractor’s Qualification Statement on either an AIA 305 or the District’s Form must be submitted. This document is located in VendorLink and should be completed and uploaded with a file name that reflects the form name and the firm submitting (e.g., CQS-BOBSENGINEERING).

(2) PowerPoint, Flash, HTML or other similar formats of the presentation.

a) Individual presentation files should not auto-start.

b) However, presentations must be self-running once executed. Self-running presentations are exempt from any limitation on page count or file size, provided the total running duration is not more than four

(4) minutes. Presentations that exceed four (4) minutes, from start to finish, will be disqualified. Adding narration to the presentation is recommended but not required.

c) Presentations must clearly identify the projects/areas of expertise/work categories of the firm, as well as the name, title, e-mail address and phone number of the best point of contact for any questions or follow-up about the submission.

d) Presentations shall not be interactive and shall not require any form of input from the viewer.

e) Presentations must include a title slide identifying the firm name and project being sought.

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f) As part of the presentation, include a single summary page for each of the evaluation criteria categories that recaps each category.

Please reference Sample Summary Slides to ensure consistent information is provided.

g) The summary pages should be readily and easily distinguishable from the non-summary images and located at the end of each section. Each summary page should contain all of the information necessary for the reviewer to complete their evaluation for that topic.

C. Once you upload all documents, you must select the “submit” button. You will receive a confirmation email from VendorLink. Please read the email to ensure your documents were properly uploaded.

D. It is the sole responsibility of the Proposer to allow adequate time to upload and ensure timely submission of their proposal on VendorLink.

• Contact support@evendorlink.com with any issues in submitting response.

• Submittals sent by mail, facsimile, electronic mail, telephone, or any other means than through VendorLink will not be accepted.

mailto:support@evendorlink.com

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5. SECTION 5- EVALUATION CRITERIA SCORE SHEET-

Responsive and responsible proposals will be reviewed and scored by the HCPS Selection Committee in accordance with the following matrix.

Hillsborough County Public Schools Page 13 of 38

6. SECTION 6 - GENERAL TERMS AND CONDITIONS:

The following General Terms and Conditions are incorporated and applicable to all Hillsborough County Public Schools (HCPS)-issued competitive solicitations and to each purchase made by any authorized method of acquisition. HCPS shall deem that each organization or entity (the “Bidder”) submitting an RFQ (Bid), to have assented to these non-negotiable conditions by the act of responding to this competitive solicitation (solicitation) and acceptance of a request for purchase via duly issued purchase order (PO). Prior to the solicitation due date, during the active solicitation process, HCPS may incorporate additional conditions, without limitation, referenced as Addendum, Attachment, Appendix, or Exhibit. Any conflict in terms of any additional conditions, and any HCPS-issued addenda will require the following descending order of precedence: addenda, answers to questions on www.myvendorlink.com, appendix, attachment, exhibition, and the solicitation. HCPS may reject all Bids that fail to accept these terms and conditions as "non-responsive."

Lobbying/Cone of Silence: Board Policy 6320, Procurement: https://web.hillsboroughschools.org/policymanual/ prohibits any communication regarding an active solicitation between any HCPS employee or Board member and any third party, representative, or lobbyist of that party, in effect from the time of the release of this RFP until an agreement is signed by HCPS or awarded by the Board, whichever occurs first.

6.1 LEGAL REQUIREMENTS

The Contractor must be knowledgeable of and in compliance with all applicable federal, state, county, and local laws, ordinances, rules, regulations, and Board Policy (https://web.hillsboroughschools.org/policymanual/) that may affect the provision of commodities and contractual services covered herein. The Contractor’s lack of knowledge shall not be a cause for relief from responsibility.

6.1.1 Governing Law, Jurisdiction, and Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida other than its conflict of laws principles. The parties agree that if any suit or proceeding is brought in connection with this Agreement, such suit or proceeding shall be brought in the state or federal courts located in Hillsborough County, Florida, and the parties shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue, and inconvenient forum objections to such courts. Each party shall be responsible for its own attorneys’ fees and costs incurred because of any action or proceeding under this Agreement.

6.1.2 The Jessica Lunsford Act (JLA). Per §§ 1012.465 and 1012.467, Florida Statutes, the “Jessica Lunsford Act,” a Contractor who meets any of the three (3) criteria, (i) be at school when students are present, (ii) have direct contact with students, or (iii) have access to or control of school funds must be Level II fingerprinted and Florida Department of Law Enforcement (FDLE)/Federal Bureau of Investigations (FBI) screened by the HCPS Professional Standards Department, or where designated by HCPS. Those Contractor’s employees are required to be in possession of the statewide JLA (blue) badge and the HCPS (yellow) badge to access HCPS sites. Site personnel will deny access to a Contractor who violates this requirement. The following exemptions may apply:

• A law enforcement officer, as defined in § 943.10 (1), if assigned or dispatched to HCPS grounds by their employer.

• An employee or medical director of an ambulance provider licensed pursuant to Chapter 401, who is providing services within the scope of part III of Chapter 401 on behalf of such ambulance provider.

• Non-instructional contractors who remain at a site where students are not permitted if the site is separated from the remainder of the school grounds by a single chain-link fence of 6 feet in height.

• Non-instructional contractors who provide pick-up or delivery services and those services involving brief visits on school grounds when students are present.

http://www.myvendorlink.com/ http://www.myvendorlink.com/ https://www.hillsboroughschools.org/o/hcps/page/6320-procurement https://www.hillsboroughschools.org/o/hcps/page/6320-procurement

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6.1.3 Protest. Any protest concerning bid specifications, a decision, or intended decision pursuant to this solicitation shall be made in accordance with § 120.57(3), Florida Statutes. and Board Policy chapter 6320 (Bid Protest). Questions to Operations Division, Board members, or any HCPS employee shall not constitute formal notice of a protest. HCPS shall post Board recommendations and tabulations for this solicitation on www.myVendorLink.com. It shall be the sole responsibility of each Proposer to review this solicitation on VendorLink. HCPS will not mail tabulations, recommendations, or notices.

A Proposer who wishes to file a bid protest must file the notice and follow procedures prescribed by § 120.57(3), Florida Statutes, for resolution shall file a Notice of Intent to Protest, in writing, within 72 hours after the solicitation document is posted or after the notice of decision is posted, respectively, excluding Saturdays, Sundays, and federal holidays. For solicitations by the Operations Division, the notice must be filed with the Operations Division, 1202 East Palm Avenue, Tampa, FL 33605.

Any person who files an action protesting a decision or intended decision pertaining to a solicitation pursuant to § 120.57(3)(b), Florida Statutes, shall post, at the time of filing the formal written protest that states, with particularity, the facts and law upon which the protest is based. A bond, payable to the Board, in the amount of five percent (5%) of the lowest accepted bid for all other projects, conditioned upon payment of all costs and fees which may be adjudged against the protestor in the administrative hearing. If at the hearing the Board prevails, it shall recover all costs excluding attorney's fees from the protestor; if the protestor prevails, the protestor shall recover from the Board all costs excluding attorney's fees.

Failure to file a protest within the time prescribed in § 120.57(3) b, Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

6.1.4 Florida Department of State, Division of Corporations Registration Requirements. Proposers that are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the State of Florida must furnish their Florida document number and written documentation of “active” status. All registered proposers must have an active status to be eligible to do business with HCPS. Proposers doing business under a fictitious name must submit their proposal using the company’s complete registered legal name, i.e. ABC, Inc. d/b/a XYZ Company. To register with the State of Florida, visit www.Sunbiz.org.

6.1.5 Fair Labor Standards Act (“Hot Goods”). The proposer certifies that the production of the provided commodities and contractual services shall be compliant with all applicable requirements of sections 6, 7, and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under section 14 thereof.

6.1.6 Contract Work Hours and Safety Standard Act (Where Applicable). All contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

6.1.7 Student Confidentiality. Any records, materials, documents, or other objects containing confidential information, and copies thereof, obtained by the Contractor during the provision of commodities and contractual services for HCPS are confidential and shall not be used or disclosed in any manner by the Contractor, except as

Hillsborough County Public Schools Page 15 of 38 allowed by applicable law and regulations and the policies and practices of HCPS. Notwithstanding the policies and practices of HCPS, in no event shall the Contractor use or disclose confidential information in violation of the Health Insurance Portability and Accountability Act (HIPAA), Family Educational Rights and Privacy Act (FERPA), Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), or other applicable laws or regulations. After the termination of the contract with HCPS, the Contractor shall not use or disclose the contents of such confidential information for any purpose whatsoever, except as may be required by law if the Contractor must first furnish prompt notice thereof to HCPS to permit HCPS an opportunity to contest such disclosure. The Contractor agrees to not remove from HCPS premises, except as a contractor, acting on behalf of HCPS and in pursuit of the business for HCPS or except as authorized or directed by HCPS, any records, materials, documents, or objects containing or reflecting any confidential information. The Contractor recognizes that all such documents and objects, whether developed by the Contractor or someone else, are the exclusive property of HCPS. Upon contract expiration, or at any other time upon request by HCPS, and at the sole discretion of HCPS, the Contractor shall promptly deliver to HCPS all documents and records which are in the Contractor's possession or control and which are confidential information as defined in this contract. The Contractor’s failure to comply with the provisions of this contract pertaining to confidential information is a breach of this contract and may result in the termination of the contract and further legal action against the contractor. The provisions of this contract pertaining to confidential information shall survive termination of the contract between HCPS and the Contractor.

The Contractor shall be solely responsible for any claims, damages, costs, and expenses, including reasonable attorney fees incurred by HCPS because due to the Contractor's breach of the confidentiality provisions of this contract. The contractor further agrees that HCPS may obtain injunctive or other equitable relief in a court action to restrain a further breach of this contract or to prevent unauthorized uses or disclosures of confidential information by the Contractor.

6.1.8 Tax Exemption. HCPS is exempt from federal and state taxes for tangible personal property. HCPS’ State Sales Tax Exemption Number is 85-8012621971C-8 and the Federal Excise Tax Exemption Number is 59 72-0088 K.

Note, the contractor cannot claim exemption from taxes for materials to fulfill its contractual obligations to HCPS.

HCPS shall not authorize the use of HCPS’ tax exemption number to purchase such materials.

6.1.9 Public Records Laws. The Contractor acknowledges that this contract and all documents submitted to The School Board of Hillsborough County, Florida related to this contract are a matter of public record and are subject to the State of Florida Public Records Law Chapter 119, Florida Statutes, Art. I s. 24 of the State Constitution and any other comparable federal laws. The Contractor further acknowledges that HCPS may post this contract on The School Board of Hillsborough County, Florida website. The Contractor also understands the broad nature of these laws and agrees to comply with Florida’s public records laws and laws relating to records retention. If the Contractor is acting on behalf of HCPS pursuant to § 119.0701, Florida Statutes, the Contractor shall:

• keep and maintain public records that ordinarily and necessarily would be required by HCPS to perform the service, and

• provide the public with access to public records on the same terms and conditions that HCPS would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes. or as otherwise provided by law, and

• ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law, and

• meet all requirements for retaining public records and transfer, at no cost, to HCPS all public records in possession of the contractor upon the termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, and

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• can provide all electronically stored records in a format that is compatible with the HCPS information technology system.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE HCPS OFFICE OF COMMUNICATIONS AT PHONE: (813) 272-4060, EMAIL: PRR@HCPS.NET, 901 E. KENNEDY

BOULEVARD, TAMPA, FLORIDA 33602.

6.1.10 Discrimination. The Contractor shall comply with all applicable laws, ordinances, codes, and statutes of all local, state, or national governing bodies included within this section. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part.

6.1.11 Equal Employment Opportunity: HCPS is committed to assuring equal opportunity in the award of contracts and therefore 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.

6.1.12 Statement of Assurance. The Contractor must comply with the regulations of Title VII of the Civil Rights Act of 1964, as amended, and the Florida Civil Rights Act of 1992, in which no person in the United States shall on the grounds of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status be excluded from participation in or be denied the proceeds of or be subject to discrimination in the performance of this contract. Also, all the funds, services, materials, property, etc. inclusive in the contract shall not be used in the performance of any partisan political activity or to further the election or defeat of any candidate for public office.

6.1.13 Americans with Disabilities Act. Any Proposer submitting a proposal to HCPS for the provision of commodities and contractual services may not exclude any person(s) from participating in; deny any person(s) the proceeds or benefits of; not otherwise subject any person(s) or subcontractors to any form of discrimination based on grounds of race, creed, color, national origin, age, sex, or disability. All contractors and subcontractors providing commodities and contractual services must comply with the pertinent portion of the Americans with Disabilities Act of 1990, Public Law 101-336.

6.1.14 Vendor Sanctions. The Proposer certifies that it complies fully with the Federal Debarment Certification regarding debarment suspension, ineligibility, and voluntary exclusion. HCPS may, by written notice to the Contractor, immediately terminate this contract if HCPS determines that the Contractor has been disbarred, suspended, or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body.

6.1.15 Public Entity Crimes. Per section §287.133(2)(A) and 287.134, Florida Statutes, and Rule 60A1.006 (1), F.A.C., "A person or affiliate who has been placed on the convicted vendor(s) list following a conviction for a public entity crime may not submit a Bid on a contract to provide any commodities and contractual services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a vendor(s), supplier, subcontractor(s) or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statute 287.01 7 for category two ($35,000) for a period of 36 months from the date of being placed on the convicted vendor(s) list."

6.1.16 Trench Safety Act Compliance: All contractors and subcontractors must comply with the Trench Safety Act, as outlined in Chapter 553, sections 553.60 through 553.64 of the Florida Statutes. This includes adhering to the state standards for trench safety, ensuring that all trench excavations exceeding 5 feet in depth are properly safeguarded. Contractors are required to submit detailed trench safety plans and certifications demonstrating

Hillsborough County Public Schools Page 17 of 38 compliance with these standards. Failure to comply with the Trench Safety Act may result in penalties, including fines and contract termination.

6.1.17 Bankruptcy. At the time of Proposal submission, the Proposer shall not be in the process of or engaged in any type of proceedings relating to insolvency or bankruptcy, either voluntary or involuntary or receivership proceedings. If Proposer is awarded a contract for one (1) year or longer, and files for bankruptcy, insolvency, or receivership thereafter, HCPS may, at its option, terminate the contract.

6.1.18 Scrutinized Companies Lists/Business Operations in Cuba or Syria. Per the provisions of § 287.135, Florida Statutes, a company that, at the time of bidding or submitting a Proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List, created pursuant to § 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria, is ineligible for, and may not bid on, submit a Bid for, or enter into or renew a contract with an agency or local governmental entity for commodities and contractual services exceeding one million dollars. The Bidder certifies by submission and signature of this Proposal that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List or has been engaged in business operations in Cuba or Syria. Any contract for commodities and contractual services of $1,000,000 or more may be terminated at the option of the awarding body if the company is found to have submitted a false certification or been placed on either of these lists or been engaged in business operations in Cuba or Syria.

6.2 HCPS’ RIGHTS

This solicitation will comply with all applicable HCPS policies, and federal, state, and local laws. HCPS reserves the right to qualify Proposals that HCPS deems to meet the qualifications listed in this solicitation. HCPS is therefore not bound to accept a Proposal solely based on the lowest price. In addition, HCPS at its sole discretion, reserves the right to cancel, recall, or reissue all, or parts of the solicitation, to reject any Bid, to waive any formality and irregularity, or to re-advertise the identical or revised specifications. HCPS may investigate the qualifications of any Bidder under consideration, require confirmation of information furnished by a Proposer, and require additional evidence of qualifications to perform the services described in this solicitation. Furthermore, HCPS reserves, but is not limited to, the following rights:

• A Proposer’s past performance may be used in the evaluation of this solicitation.

• Reject any or all the Proposals; and

• issue a subsequent solicitation for the same statement of work; and

• cancel the entire solicitation; and

• remedy solicitation errors; and

• reduce the scope of work (if deemed in HCPS’ best interest and at HCPS’ sole discretion); and

• appoint evaluation committees to review Proposals; and

• seek the assistance of technical experts to review Proposals; and

• approve or disapprove the use of subcontractors and suppliers; and

• award a contract to one or more (or none) of the Proposers; and

• accept other than the lowest priced Proposal; and

• waive informalities and irregularities in Proposals; and

• award a contract without discussions or negotiations; and

• disqualify proposals upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer; and

• this RFQ does not commit HCPS to enter into a contract nor obligate HCPS to pay for any costs incurred in the preparation and submission of proposals or in anticipation of a contract.

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6.2.1 Submittal Confidentiality. Pursuant to § 119.071(1) (b) 2 Florida Statutes, proposals received by HCPS pursuant to a competitive solicitation are exempt from § 119.07 (1) and 24 (a), Art. I of the State Constitution until HCPS provides notice of an intended decision or until thirty (30) days after receipt of the proposals, whichever is earlier. All proposal evaluation meetings and discussions with the Proposer shall be subject to § 286.0113, Florida Statutes.

6.2.2 Submittal Rejection. HCPS, at its discretion, may reject any, or part(s) of any proposal; advertise, postpone, or cancel, at any time, the competitive solicitation process, or waive any irregularities in the solicitation in the proposal received. HCPS also reserves the right to request clarification of information from any Proposer.

6.2.3 Right to Audit Provisions. The Contractor’s records shall include, but not be limited to, accounting records, payroll time sheets, audited and unaudited financial statements to substantiate payment rates and income, written policies and procedures, subcontractor’s files, and any other supporting evidence necessary to substantiate payments, and income related to this contract (records) shall be open to inspection and subject to audit and reproduction, during normal working hours, by an HCPS authorized representative to adequately permit evaluation and verification of any invoices, payments, or claims submitted by the Contractor or any of their payees pursuant to the execution of the contract. Such records subject to the examination shall also include, but not be limited to, those records necessary to evaluate and verify payments and any other matters or items associated with this contract.

For such audits, inspections, examinations, and evaluations, the HCPS authorized representative shall have access to the records from the effective date of this contract, for the duration of the work, and until five (5) years after the date of the Contractor’s final payment pursuant to this contract. All payments which cannot be documented as paid as required by the contract and found not to follow the provisions of this contract shall be reimbursed to HCPS.

The HCPS agent or its authorized representative shall have access to the Contractor’s facilities, and all necessary records, and shall be provided with adequate and appropriate workspace to conduct audits in compliance with this section. The HCPS authorized representative shall give the Contractor reasonable notice of intended audits.

The Contractor shall certify that payments are accurate and correct on each payment. If an audit reveals a discrepancy, such as an overpayment, the Contractor must reimburse HCPS for the discrepancy with a minimum of 18% per annum interest per annum.

If an audit inspection or examination in accordance with this article, discloses overpayments (of any nature) by HCPS to the Contractor of more than 10% of the total payments, the cost of HCPS’ audit shall be paid by the Contractor in addition to the overpayments by HCPS.

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

6.3 NON-APPROPRIATION OF FUNDS. It is understood and agreed between the parties hereto that HCPS shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the contract. In the event funds are not appropriated and budgeted in any fiscal year for payments due under the contract, HCPS will notify the Contractor of such occurrence, and the contract must terminate on the last day of the fiscal year for which appropriation(s) received, sans penalty or expense to HCPS.

6.4. TERMINATION FOR CAUSE. HCPS will periodically inspect commodities and contractual services to ensure that the Contractor meets all requirements. HCPS reserves the right to terminate this contract for cause, which shall include without limitation the Contractor’s failure to comply with any provision of this contract. Prior to HCPS terminating a contract, the Operations Division or designee may initiate an internal (vendor performance)

Hillsborough County Public Schools Page 19 of 38 review of the situation; HCPS may invite the Contractor to participate. If HCPS determines that grounds exist to declare the Contractor in default, the Superintendent or designee shall provide the Contractor with written notice of default and termination, making specific reference to the provision(s) that gave rise to the breach. Inaction by HCPS to exercise its rights is not a waiver of such rights. HCPS may notify the Contractor as follows:

• Initial Cure Notice. An initial notification will require the correction of any discrepancies, inconsistencies, or items not meeting the specifications contained herein at no additional cost to HCPS. Within ten (10) days of receipt of the notice, or as mutually agreed, the Contractor must provide a written response describing the Contractor’s steps to correct the noted deficiencies.

• Second Notice. A second discrepancy notification shall serve, upon receipt, as notification of immediate termination due to the discrepancies, inconsistencies, or commodities or contractual services not meeting specifications contained herein and the Contractor shall cease with the provision of commodities and contractual services. In such event, HCPS shall pay the Contractor only for satisfactory commodities and contractual services. The Contractor and its sureties may be liable to HCPS for any additional HCPS-incurred costs to complete the job and repair of damages to the site and shall be deemed a breach of contract, subject to termination, and shall be a factor during the evaluation of future HCPS solicitations.

• If Performance Security Was Required. HCPS may elect to execute the performance security as liquidated damages.

• If Performance Security Was Not Required. The Contractor shall pay HCPS, as liquidated damages, an amount equal to five (5%)…