RFP 24_009_073 Fayette Co Public Schools.pdf

NOTICE TO VENDORS

Request for Proposals No. 24-009-073 Connected Classroom Technology Products & Services

Fayette County Public Schools will receive sealed proposals for Connected Classroom Technology Products & Services for District facilities in Fayette County, Georgia, until 10:00 AM (ET), Tuesday, May 28, 2024. Responses received after that time will not be accepted, regardless of when they were mailed or given to a delivering carrier.

There will not be a pre-solicitation conference held for this solicitation.

Brief Description of Request: Proposals for providing various connected classroom technologies for learning environments within the school district.

Service Location(s): All Fayette County Public Schools

Complete solicitation documents may be obtained at www.fcboe.org. FCPS is not responsible for respondents and/or subcontractors not obtaining the information provided through the full set of solicitation documents.

Responses must be submitted via email, mail/parcel delivery, or hand delivery to the Fayette County Public Schools offices located at the LaFayette Educational Center and directed to Matthew D. Roberts, Purchasing Manager. Envelopes should be sealed and marked conspicuously on the front with the solicitation name and number listed above.

SUBMISSION - BY HAND, MAIL OR COMMON COURIER

Fayette County Public Schools ATTN: Matthew Roberts, Purchasing Department LaFayette Educational Center 205 LaFayette Ave., Fayetteville, GA 30214

SUBMISSION - BY EMAIL - to roberts.matthew@fcboe.org http://www.fcboe.org mailto:roberts.matthew@fcboe.org

Connected Classroom Technology Products & Services

Request for Proposals No. 24-009-073

Georgia Procurement Registry Event No. PE-65615-NONST-2024-000000030

Objective

Fayette County Public Schools (hereinafter FCPS or the District) is soliciting proposals via this Request for Proposals (hereinafter RFP) from interested and qualified respondents to supply, deliver, and install classroom touch screen interactive panels, associated peripherals (including but not limited to tablets, document cameras, speakers, microphones), and infrastructure as specified within this solicitation, for multiple locations within the District.

As is more fully explained in this RFP, an award, if made, will be made to the responsible and responsive respondent who provides the best solution to the described need, taking into consideration multiple evaluation factors as determined by the FCPS and defined herein.

It is the respondent’s responsibility to address all elements of this RFP. Any respondent failing to meet the terms and conditions herein may suffer a reduction in their evaluation score up to a complete rejection of their proposal.

Responses Due

Responses to this request for proposals are due no later than the date and time specified in the timeline of events either physically or electronically to the FCPS Purchasing Department located at the LaFayette Educational Center, Building A, 205 LaFayette Avenue, Fayetteville, GA, 30214. Proposals received after the specified date and time will not be considered.

Section A: Instructions to Respondents

1. Designated Representative

1.1. The FCPS Purchasing Department has designated the following staff member as the representative of the Department and District during the solicitation process: Matthew Roberts, Purchasing Manager (roberts.mattthew@fcboe.org).

1.2. During the solicitation period, interested parties may only communicate with the Purchasing Department and the representative named above.

2. Respondent Registration

2.1. Respondents are encouraged to register with the designated representative listed above via email after reviewing this solicitation.

mailto:roberts.mattthew@fcboe.org

2.2. Respondents who register will automatically receive an email update with additional documents such as addenda and be notified of award issuance, even if they choose not to submit a proposal.

3. Schedule of Events

3.1. RFP Released: Tuesday, April 23, 2024

3.2. Respondent Questions Due: Before 10:00 AM (ET), Monday, May 13, 2024

3.3. Addenda Issued (if applicable): Week of May 13, 2024

3.4. Respondent Proposals Due: Before 10:00 AM (ET), Tuesday, May 28, 2024

3.5. Anticipated Project Start: July 1, 2024

4. Georgia Open Records Act Compliance (O.C.G.A. § 50-18-70)

4.1. This solicitation and any resulting responses, evaluations, contracts, agreement, or purchase orders are subject to the Georgia Open Records Act and may be released publicly.

4.2. Pursuant to the act, for any records or documents marked as “confidential” or “trade secrets” the respondent must submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets according to O.C.G.A. § 10-1-761.

4.2.1. Failure to attach such an affidavit will result in the record being considered public and subject to release under the Georgia Open Records Act.

4.2.2. If FCPS determines that the specifically identified information does not constitute a trade secret, it shall notify the entity submitting the affidavit of its intent to disclose the information within ten days unless prohibited from doing so by an appropriate court order.

4.2.3. In the event the entity wishes to prevent disclosure of the requested records, the entity may file an action in superior court to obtain an order that the requested records are trade secrets exempt from disclosure. The entity filing such action shall serve the requestor with a copy of its court filing.

4.2.4. If the agency determines that the specifically identified information does constitute a trade secret, the agency shall withhold the records, and the requester may file an action in superior court to obtain an order that the requested records are not trade secrets and are subject to disclosure.

https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBX1-JN6B-S0Y8-00008-00?cite=O.C.G.A.%20%C2%A7%2050-18-70&context=1000516 http://www.open.georgia.gov/ https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBV1-F06F-244V-00008-00?cite=O.C.G.A.%20%C2%A7%2010-1-761&context=1000516

5. Solicitation Documents and Forms

5.1. Documents and forms required for submission as part of this RFP can be found on the FCPS Purchasing Department website.

5.2. Failure to include required submissions listed herein may result in a rejection of the proposal.

5.3. A list of required forms is contained herein and additional submissions may be required per the specifications contained herein.

6. Proposal Delivery

6.1. Proposals should be sent to the FCPS Purchasing Department and must be received before the proposal due date and time specified in the solicitation.

6.2. Proposals may be submitted electronically, by mail, or hand-delivered to the LaFayette Educational Center, Building A, 205 LaFayette Avenue, Fayetteville, Georgia 30214, Attention: Purchasing Department.

6.3. No faxed or telephone proposals will be accepted or considered.

6.4. Proposals may be emailed to the designated representative if meeting the following guidelines:

6.4.1. Emailed proposals must be in a consistent, clear, and readable format and complete. (Adobe PDF format is preferred unless specified otherwise)

6.4.2. All proposal documents should be bound in one document. Multiple separate documents may result in evaluation score reductions.

7. Attachments

7.1. Any specification listed with “Must Include Attachment” should include a document within the proposal conforming to standards set forth.

7.2. All attachments must be clearly marked and labeled using the following format:

Attachment #, Solicitation Reference, Respondent Name, Solicitation Title, and Number.

8. Proposal Format Requirements

8.1. The proposal should be typed and legible as well as formatted to comply with accessibility standards (refer to ADA and Section 508 compliance).

8.2. The solicitation document has been carefully organized. All sections, specifications/requirements, and appendices are numbered; therefore proposals should be organized in the same manner referencing the solicitation document when necessary.

https://www.fcboe.org/Page/2707

8.3. Proposals must be submitted with the following sections clearly identified and delineated:

8.3.1. Letter of Interest

8.3.2. Technical Proposal

8.3.3. Qualifications and Experience

8.3.4. References

8.3.5. Price/Cost

9. Multiple Proposals from the Same Respondent

9.1. Respondents may submit more than one proposal when offering multiple alternatives.

9.2. Proposals must be separate and each should conform to all terms and conditions within the solicitation.

9.3. Proposals must be labeled separately so as to easily identify different proposals from the same respondent.

Section B: Scope of Work and Specifications

10. Background and Project Overview

10.1. Fayette County Public Schools is comprised of approximately 20,000 students, 3,500 employees, and 28 buildings. In 2014 the District began its first “Connected Classroom” project with the ambitious goal of placing large interactive panels and associated supporting peripherals in all of its classrooms. This initiative later expanded to include a student centered one-to-one laptop program as well.

10.2. The scope of work for this current project is to source, install, and support interactive panels and supportive peripherals for the learning environment.

11. Design/Technical Requirements and Specifications

11.1. Quantities are approximate, however there are currently approximately 1,800 learning environments with similar elements.

11.2. Viewsonic Interactive Panel or equivalent alternate of Fayette County Public Schools’ choosing, with minimum 4K resolution, multi-touch capability, and compatible with existing digital infrastructure.

11.2.1. Mounting hardware for interactive flat panels. (Balance Boxes, Rainier Stands, Mobile Carts, etc).

11.3. Mobile tablet (not tethered) for panel annotation use, compatible with interactive panel (including any built-in software) and Windows OS.

11.4. HoverCam document camera and all software licensing, integrated with the panel system.

11.5. Audio Enhancement Teardrop microphones that integrate with classroom audio systems (Audio Enhancement receiver and speakers).

11.6. Wireless keyboard with integrated track pad.

11.7. Audio/Visual components - all necessary components needed to properly operate the installed panels and peripherals such as, but not limited to, cabling, speakers, amplifiers, and receivers.

11.8. Any and all components that are required for the installation and successful operation of equipment in the learning environment.

12. Performance and Service Requirements

12.1. Installation Services - The selected respondent will provide installation services following FCPS guidelines including but not limited to:

12.1.1. Currently installed classroom equipment will be removed by the awarded respondent prior to installation of new equipment.

12.1.1.1. Respondents should provide a plan for the removal and sale or recycling of removed equipment.

12.1.1.1.1. Removed equipment may not be stored or left onsite following new installations.

12.1.2. Professional installation at all FCPS sites, including secure mounting and integration with existing network and audio systems. All installed hardware and software will be tested for performance as part of the installation process.

12.1.2.1. All installers must be properly licensed and insured for low voltage systems installations and have a proven record of successful project completion in similar size and scope.

12.1.2.2. Sub-contracted or third-party installers must provide the same documentation as the primary respondent/contractor if selected for the project.

12.1.3. All installers must understand how the District provided hardware is mounted to the panel per the provided Installation Checklist to be provided to the awarded respondent.

12.1.4. Installation services must remove all trash, packing materials, and debris from the installation site.

12.1.4.1. Installers may not use District waste disposal assets.

12.1.5. The District will determine the location and installation schedule across the school district.

12.1.6. No installation will be signed off as received and forwarded for payment processing until tested and approved by District Technology Services staff.

12.2. The awarded respondent must be able to integrate with the District’s asset control program by:

12.2.1. Providing a list of installed assets including model name, model number, exact location, serial numbers, and date of installation.

12.2.2. Test all displays prior to delivery and deployment and label them as directed by District Technology Services.

12.3. Support Services as outlined below:

12.3.1. Replace any non-functioning equipment within 24 hours of notification by FCPS.

All replacements must be done before 8:00 am or after 3:30 pm during the school year unless previously scheduled and authorized by District Technology Services staff.

12.3.2. To help facilitate the 24 hour replacement requirement the awarded respondent must provide eighteen (18) spare panels, including peripherals, stored onsite at he Technology Services Department located at the LaFayette Educational Center (205 LaFayetteAvenue, Fayetteville, GA 30214) and made available to FCPS District employees to replace in the event of an emergency where the awarded company is not available.

12.3.3. The awarded respondent must be certified and authorized to provide support for Viewsonic Interactive Flat Panels.This includes but is not limited to submitting help desk tickets and submitting RMA pickup and drop off requests with Viewsonic.

12.3.4. The awarded company will be responsible for all RMA service and support including but not limited to, servicing panels onsite, submitting helpdesk tickets, handling drop off and installation of new panels using the Installation Checklist and pickup of defective units for the entire onsite warranty period.

12.3.5. Ongoing technical support, training support, and maintenance services such as manufacturer’s certification programs for technical and administrative support.

12.3.6. Seven (7) year minimum onsite service warranty for all interactive panels.

12.4. Respondent should provide a Professional Development Plan as outlined below:

12.4.1. Seven (7) year comprehensive technical and instructional training, certification, and support for FCPS staff on each component included in this RFP and the selected awarded response.

12.4.2. Initial and ongoing annual training for:

12.4.2.1. District Technology Services Staff

12.4.2.2. Digital Learning Team

12.4.2.3. School Level Instructional Teams

Section C: Evaluation of Proposals

13. Evaluation Committee

13.1. All proposals deemed responsive will be evaluated by a review committee composed of project administrators and end-users.

13.2. Criterions based on qualifications and experience, a submitted proposal, and price/cost will be used in the evaluation process.

13.3. An evaluation committee was convened to review and select appropriate RFP specifications contained herein.

14. Evaluation Criteria Scope

14.1. Compliance with technical and functional requirements as defined herein.

14.2. Cost-effectiveness and overall value to the District.

14.3. Vendor's experience, performance history, and references.

14.4. Training and support offerings.

15. Evaluation Methodology

15.1. The committee will perform a complete evaluation and verification process on a rating system of required proposal components contained herein based on an “Excellent”, “Good”, “Fair”, or “Poor” rating.

15.1.1. Excellent ratings will be issued four (4) points.

15.1.2. Good ratings will be issued three (3) points.

15.1.3. Fair ratings will be issued two (2) points.

15.1.4. Poor ratings will be issued zero (0) points.

16. Interviews and Presentations

16.1. Post-proposal interviews and presentations may be required, in person at the committee’s direction or desire.

16.2. Submission of a proposal does not guarantee an interview or presentation.

16.3. Selection for interviews and presentations is at the sole discretion of the evaluation committee.

17. Contract Award and Negotiations

17.1. The evaluation committee will issue a recommendation to award following the outcome of its evaluation process.

17.2. The committee reserves the right to reject any or all bids.

17.3. A recommendation to award does not guarantee a contract. Final approval from the Superintendent and/or Board of Education may be required.

17.4. Following a recommendation to award, the Superintendent or their designee may engage in final negotiations with the selected respondent.

Section D: General Terms and Conditions

The FCPS General Terms and Conditions are posted on the Purchasing Department website under the heading of Vendor Terms, Conditions, and Forms and attached to this solicitation. By submission of a proposal, the respondent acknowledges they have read and understood these General Terms and Conditions as well as any terms and conditions contained herein.

Section E: Special Terms and Conditions

18. Contract Incorporation

18.1. This solicitation will be incorporated into any resulting contract.

18.2. When this solicitation and any resulting contract are in conflict, Fayette County Public Schools will determine the controlling method.

18.3. Only the Superintendent or his direct designee may sign or enter into a contract on behalf of Fayette County Public Schools.

http://www.fcboe.org/Page/2707

19. Term

19.1. The proposal term will begin from the time of award through June 30, 2025, with an option to renew for four (4) additional terms.

19.1.1. Terms are defined as the fiscal year from July 1st to June 30th of each calendar year.

20. Substitutions and Alternates

20.1. Products similar to or other than specified may be acceptable if in compliance with all requirements of these specifications and are of the same or better quality.

20.2. The respondent must provide substantiation that proposed substitution or alternate does not violate any other manufacturer's patents, patents allowed, or patents pending and that the alternate proposed meets the same specifications contained herein.

20.3. The FCPS shall be the sole determiner of specification compliance and alternate acceptability.

20.4. No pre-proposal approval will be given for a proposed alternative.

21. Insurance Requirements

21.1. Respondents are required to submit a current and valid Certificate of Insurance (COI) per the General Terms and Conditions and any specification contained herein.

21.2. Should the respondent choose to utilize subcontractors for installation or other matters, the respondent must provide a valid COI for the subcontractor per the requirements of the General Terms and Conditions.

Section F: Required Forms and Submissions

22. Required Respondent Submissions

22.1. Product Data: Fayette County School District must receive all product data that pertains to solicitations work scope, this includes but is not limited to;

22.1.1. Product Data Sheet

22.1.2. Product Certification: Submit manufacturer’s certification that products and materials comply with the requirements of the specifications.

22.1.3. Submit manufacturer's catalog cuts, material safety data sheets (MSDS), brochures, specifications;

22.1.4. Preparation, maintenance, and installation instructions and recommendations;

22.1.5. Storage, handling requirements, and recommendations.

22.2. Warranties: Submit warranty documents according to specifications (if applicable).

22.2.1. Include any and all manufacturer’s warranties for each item.

23. Cost Proposal

23.1. All respondents must include a separate cost proposal submitted apart from the response.

23.2. Pricing not entered in the cost proposal form will not be considered.

23.3. If pricing variations exist for different finishes/materials/options the respondent must include an attachment describing variations and associated costs.

23.4. Costs should be in line-item format detailing all costs applicable to the proposed solution and a grand total cost to execute the proposed solution fully.

24. Letters of Recommendation

24.1. The respondent must include a minimum of three (3) letters of recommendation dated within the previous two (2) calendar years.

24.2. Letters must be from clients/customers who have engaged the respondent in previous services and must include details such as a description/scope of work, timeline and budget parameters, and assessment of the respondent’s ability to complete work/service as specified.

24.3. Each letter must contain contact information including organization/firm, contact name, telephone, and email.

24.4. Letters from organizations and projects similar to the scope and size of Fayette County Public Schools are preferred.

25. Respondent Information Form

25.1. Respondents must complete a Respondent Information Form attached hereto and available online at the Purchasing Department website.

25.2. This form must be placed on top, or as the first page of your proposal.

25.3. Failure to attach could result in a reduction in score or a rejection of your proposal.

26. Certificate of Insurance

26.1. The respondent must submit a current certificate of insurance detailing coverage limits as defined in this RFP and the FCPS General Terms and Conditions.

26.2. Failure to attach could result in a reduction in score or rejection of your proposal.

26.3. The selected respondent will be required to submit a COI naming Fayette County Public Schools as an additional insured party.

27. W-9 Form

27.1. The respondent must submit a current Internal Revenue Service W-9 Form complete with proper signature.

27.2. Failure to attach could result in a reduction in score or rejection of your proposal.

28. E-Verify Documentation

28.1. The respondent must submit a completed E-Verify Compliance Form and Affidavit as attached below.

28.2. Failure to attach could result in a reduction in score or rejection of your proposal.

https://www.irs.gov/pub/irs-pdf/fw9.pdf

Respondent Information Form

Place this form on top of your response.

Connected Classroom Technology Products & Services (RFP 24-009-073)

Company Name:

Point of Contact:

Street Address:

City:

State:

Zip Code:

Telephone:

Email:

Website:

Authority to Act

The undersigned states that he/she has the requisite authority to act on behalf of his/her employer in these matters and has offered to provide the products/services in accordance with the terms and conditions herein.

Terms, Conditions, and Specifications

Through the submission of response and signature below, the respondent verifies that their solution, if applicable, complies fully, or complies with an exception, to all stated general and special terms, conditions, and specifications. See the FCPS General Terms and Conditions for further information and directions on notating exceptions to stated specifications.

Addenda

Through the submission of response and signature below the respondent verifies that they have read and understood any addenda issued for this solicitation if issued.

Signature: _____________________________________ Date: _______________________

FAYETTE COUNTY PUBLIC SCHOOLS - PURCHASING DEPARTMENT

GEORGIA SECURITY & IMMIGRATION COMPLIANCE ACT FORM

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2006, AS AMENDED BY

THE ILLEGAL IMMIGRATION REFORM ACT OF 2011, OCGA 13-10-90, ET SEQ.

TO ALL PROSPECTIVE CONTRACTORS:

If you are providing services to Fayette County Public Schools, this completed document, as well as the applicable Georgia Security and Immigration Compliance forms and affidavits referenced herein must be completed, signed, notarized and submitted with your bid, proposal or contract.

Fayette County Public Schools shall comply with the Georgia Security and Immigration Compliance Act, as amended, O.C.G.A.,~13-10-90 et seq. In order to ensure compliance with the Immigration Reform and Control Act of 1986 (IRCA,P.L.99-603 and the Georgia Security and Immigration Compliance Act of 2006, as amended by the Illegal Immigration Reform Act of 2011,O.C.G.A ~ 13-10-90 et seq. (collectively the “Act”) the contractor (“Contractor”) MUST INITIAL the statement applicable to Contractor below:

INITIAL ONLY ONE CHOICE BELOW

____ (Initial here) Contractor represents and warrants that Contractor has registered at https://e-verify.uscis.gov/enroll/ to verify information of all new employees in order to comply with the Act; Is authorized to use and uses the federal authorization program; and will continue to use the authorization program throughout the contract period. Contractor further represents, warrants and agrees that it shall execute and return any and all affidavits required by the Act and the rules and regulations issued by the Georgia Department of Labor as set forth at Rule 300-10-1-01 et.seq. In accordance with the terms thereof; (Complete and submit the Contractor Affidavit and Agreement); OR

____ (Initial here) Contractor represents and warrants that it has no employees and does not intend to hire employees to perform contractual services, and that Contractor has therefore provided a U.S. state-issued Driver’s license or ID card in lieu of an affidavit and that such license or ID card was issued by a State that verifies lawful Immigration status before issuing the license or ID card. If my status changes I will, before hiring any employees, immediately notify the School District in writing and provide all affidavits required under the Act; OR

____ (Initial here) Contractor represents and warrants that it does not physically perform any service within the State of Georgia as defined in the Act and thus does not have to comply with foregoing Georgia law; OR

_____(Initial here) Contractor is a foreign company and therefore not required to provide the affidavit as required by the Act. The Contractor must comply with any other laws required to perform services in the United States, including but not limited to having an appropriate visa.

USE OF SUBCONTRACTOR(S) and COMPLIANCE AS ABOVE

___(Initial here) Contractor will not employ or contract with any subcontractor in connection with a covered contract unless the subcontractor is registered, Is authorized to use, and uses the Federal Work Authorization Program and provides Contractor with all affidavits required by the Act and the rules and regulations issued by the Georgia Department of labor as set forth at Rule 300-10-01 et seq.

____(Initial here) Contractor covenants and agrees that, if Contractor employs or contracts with any Subcontractor in connection with the covered contract under the Act and DOL Rule 300-10-1-02, then in such event Contractor will secure from each subcontractor at the time of the subcontract, the subcontractor’s name and address, the employer identification number/taxpayer identification number applicable to the subcontractor; the date the authorization to use the Federal Work Authorization Program was granted to subcontractor; the subcontractor’s attestation of the subcontractor’s compliance with the Act and Georgia Department of Labor Rule 300-10-1-.2.; and the subcontractor’s agreement not to contract with subcontractors unless the subcontractor is registered, authorized to use, and uses the Federal Work Authorization Program; and provides subcontractor with all affidavits required by the Act and the rules and regulations issued by the Georgia Department of Labor as set forth at Rule 300-10-1-01 et seq. (Complete and submit the Subcontractor Affidavit and Agreement)

_____(Initial here) Contractor agrees to provide Fayette County Public Schools with all affidavits of compliance as required by the Act and Georgia Department of Labor Rule 300-10-1-02, 300-10-1-03, 300-10-1-07 and 300-10-1-08 within five (5) business days of its receipt of any such documents.

Company Name: _____________________________________________________________

SIGNATURE: __________________________________________________________________

DATE: __________________________________________

CONTRACTOR AFFIDAVIT PROVIDED PURSUANT TO O.C.G.A. § 13-10-91(b)(2)

(Rev. 4/18/2019)

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91 stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Fayette County Public Schools, has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor covenants that it will continue to use the federal work authorization program throughout the contract period, that the undersigned contractor will contract for the physical performance of services in the performance of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b), and that the contractor shall forward any subcontractor’s affidavit to the School District within five (5) days of its receipt of the same.

Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

EEV User Identification Number (4 to 6 Digit Number)

Date of Authorization

Contractor/Company

Email Address

Telephone Number

Name of Project

Project Number

Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on , 20 in (city), (state).

Signature of Authorized Officer or Agent

Printed Name of Authorized Officer or Agent Title of Authorized Officer or Agent

NOTARY INFORMATION

Sworn to before me this day of , 20 .

Notary Public Signature

My Commission Expires: ____________________________

SUBCONTRACTOR AFFIDAVIT PURSUANT TO O.C.G.A. § 13-10-91(b)(3)

(Rev. 4/18/2019)

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91 stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with ___________________, which has a contract with Fayette County Public Schools, has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor covenants that it will continue to use the federal work authorization program throughout the contract period, that the undersigned subcontractor will contract for the physical performance of services in the performance of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b), and that the subcontractor shall forward any sub-subcontractors affidavit to the contractor and School District within five (5) days of its receipt of the same.

Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

EEV User Identification Number (4 to 6 Digit Number)

Date of Authorization

Subcontractor/Company

Email Address

Telephone Number

Name of Project

Project Number

Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on , 20 in (city), (state).

Signature of Authorized Officer or Agent

Printed Name of Authorized Officer or Agent Title of Authorized Officer or Agent

NOTARY INFORMATION

Sworn to before me this day of , 20 .

Notary Public Signature

My Commission Expires: ____________________________

Fayette County Public Schools Purchasing Department

General Terms & Conditions

Updated: May 4, 2023

Scope of General Terms and Conditions These General Terms and Conditions apply to all solicitations, contracts, purchase orders, and other resulting procurement tools issued by, or entered into by Fayette County Public Schools (hereinafter FCPS).

1. When solicitation or contract Special Terms and

Conditions conflict, it is the selected conditions of FCPS that shall control.

Specification Compliance Guidelines and Definitions

1. Terms Defined

1.1. Whenever the terms “shall”, “must”, or

“will” are used in the solicitation, the specification/requirement being referred to will be mandatory. Failure to meet any mandatory requirement can cause a reduction in evaluation scoring or rejection of the response.

1.2. Whenever the terms “can”, “may”, “should”

or “might” are used in the solicitation, the specification/requirement being referred to is desirable. Failure to provide any items so-termed may cause a reduction in evaluation scoring if applicable.

2. Specifications Compliance

2.1. Through the submission of a response, the

respondent verifies that their response fully complies, or complies with an exception or alternative to the listed specifications.

Compliance standards are determined as follows:

2.2. “Comply Fully” – respondent’s solution complies explicitly with the specifications/requirements as written.

2.2.1. The respondent must notate via

page number and location reference of how the response meets the stated requirements and specifications.

2.3. “Comply with an exception or alternate” – respondent’s solution complies with some or part of the specifications and requirements and the respondent must mark those requirements listed as exceptions by indicating such on any accompanying forms or documents.

2.3.1. If not expressly forbidden by the

solicitation, the respondent may pose an alternative to the listed specification that will be evaluated following the guidelines contained herein.

2.3.2. The respondent must notate via

page number and location reference of how the response meets the stated requirements and specifications.

2.3.3. Whenever the respondent can

comply with an exception, the respondent must attach a description of how/why an exception is proposed which should be labeled as an attachment under the guidelines above.

2.3.4. Failure to notate an exception, or

include an explanation as defined above, does not relieve the respondent of compliance in full if awarded.

2.4. “Cannot comply” – respondent’s solution does not comply with specification/requirement.

2.4.1. Failure to indicate non-compliance

will be interpreted to mean that the respondent can comply in full.

2.4.2. Whenever the respondent cannot

comply, the respondent has the option to include an alternative as defined above in number three (3), point (a).

3. Scoring and Evaluation

3.1. Specifications and/or requirements listed in

solicitations, appendices, and as presented in general and special terms and conditions are subject to evaluation scoring.

3.2. Responses will be evaluated based on the

best solution for FCPS as defined by the listed specifications and requirements, respondent business capability, and value.

Questions and Addenda Regarding Solicitations

1. Request for Interpretation

1.1. If the respondent is in doubt as to the

meaning of any part of a solicitation, they may request an interpretation.

1.1.1. All communication shall be done in

writing and sent via email to the Purchasing Department agent or contact listed in the solicitation.

1.1.2. All correspondence should be

clearly labeled with the solicitation title and number.

1.2. No oral interpretations shall be made as to

the meaning of any part of the solicitation.

FCPS will not be responsible for any other

pg. 1 of 10

General Terms and Conditions-Fayette County Public Schools interpretations or explanations other than those issued by formal solicitation addenda.

1.3. Failure to request an interpretation shall not

relieve the successful respondent from the obligation to perform work in accordance with the response as interpreted subsequently by FCPS authorized representatives.

1.4. The resulting addenda issued as part of the

solicitation process may be incorporated in subsequent contracts or purchase orders at the sole discretion of FCPS.

2. Incorporated Contents

2.1. All documents submitted in response to a

solicitation, including any attachments or appendices, are incorporated into any resulting contract.

2.2. If any language of the response conflicts

with the language of the solicitation, the language of the solicitation shall govern at the sole and full discretion of FCPS.

Restrictions and Conflicts of Interests

1. Communication Restrictions

1.1. From the issue date of the solicitation until

an intent to award notification is issued, respondents are not allowed to communicate for any reason with any FCPS employee except through the Purchasing Department, during the respondent’s conference or scheduled meeting, or as provided in the scope of existing work agreements.

2. Lobbying Restrictions

2.1. Respondents are hereby advised that they

are not to lobby with any FCPS personnel or board members.

2.2. All oral or written inquiries must be directed

through the Purchasing Department.

2.3. Attempts at lobbying may be grounds for

rejection of the response and exclusion from future solicitations.

3. Conflicts of Interests

3.1. All respondents must disclose with their

response the name of any officer, director, or employee who is also an employee of FCPS.

3.2. Respondents must disclose the name of any

FCPS employee or family member who owns, directly or indirectly, any interest in the respondent’s firm or any of its branches.

3.3. Failure to disclose such conflicts may be

grounds for rejection of the response and exclusion from future solicitations.

Response Declinations, Disputes, and Protests

1. Response Declinations

1.1. FCPS reserves the right to the following:

reject any responses, waive any irregularity in responses, accept any item or group of items unless qualified by the respondent, and/or acquire additional quantities at prices quoted on this request for responses, unless additional quantities are not acceptable, in which case the response must be noted:

“response is for specified quantity only.”

2. Revision or Withdrawal of Response

2.1. A response may be revised or withdrawn by

the respondent before the response submission date and time as specified in the solicitation schedule of events.

2.2. After the response submission date and time, FCPS Purchasing Department will permit withdrawal only when the best interest of FCPS would be served.

3. Disputes and Protests

3.1. Through the submission of a response;

respondents agree to waive any claims they may have against FCPS, its employees, agents, members, representatives, and legal counsel.

3.2. In case of any double meaning or difference

of opinion as to the items and/or services to be furnished or supplied, the decision of FCPS shall be final and binding on both parties.

3.3. Any contest or dispute must be submitted in

writing via email, mail, or delivery to the Purchasing Department within three (3) business days of award posting.

4. Default

4.1. If the awarded respondent should breach any

potential contract resulting from the solicitation, FCPS reserves the right to seek all remedies in law and/or equity.

5. Cancellation

5.1. If the awarded respondent violates any of

the provisions of the solicitation or resulting contract, the superintendent or his/her designee will give written notice to the respondent stating the deficiencies.

5.2. Unless the deficiencies are corrected within

thirty (30) calendar days, a recommendation will be made by the Purchasing Department for immediate cancellation.

5.3. Upon cancellation, FCPS may pursue all

legal remedies as provided by law.

6. Contract Termination

6.1. FCPS reserves the right to terminate any

contract resulting from the solicitation at any time and for any reason upon giving written notice thirty (30) days in advance to the other party.

6.2. If said contract should be terminated for

convenience, FCPS will be relieved of all obligations under said contract and FCPS will only be required to pay the awarded respondent the amount of the contract performed to the date of termination.

7. Debarred, Suspended, and Ineligible Status

7.1. A respondent certifies by submission of their

response that the respondent and/or any of its subcontractors or suppliers (if applicable) have not been debarred, suspended, or

pg. 2 of 10 declared ineligible by any government agency.

7.2. FCPS reserves the right to reject any vendor

who violates this condition before, during, and after a solicitation or resulting order, contract, agreement, or purchase order.

Pricing

1. Firm Pricing

1.1. The respondent should propose firm net

pricing for the term of the solicitation with discounts marked.

1.2. Propose items following all terms and

conditions stated.

1.3. Prices must be stated in units of the quantity

specified in solicitation requirements.

1.3.1. In case of a discrepancy in

computing the amount of the response, the unit price quoted will govern.

1.4. Alternate pricing terms and conditions

submitted may not be evaluated or suffer a reduction in evaluation scoring.

1.5. Fayette County Public Schools is a

tax-exempt entity.

1.5.1. It is the respondent’s responsibility

to be familiar with applicable tax implications and the respondent shall be liable for all such costs associated with their response.

1.6. FCPS reserves the right to purchase or

compare pricing available, or made available from, cooperative purchasing agreements and other governmental contracts.

2. Pricing Adjustments

2.1. Adjustments made to resulting pricing must

meet the following conditions:

2.1.1. Adjustments are only allowed after

each term of the solicitation as defined herein.

2.1.2. FCPS must be notified in writing

30 days before term change in advance of a pricing adjustment.

2.1.3. Adjustments must only be less than

10% of pricing submitted and agreed to unless specific market circumstances verified by third-party collaboration can be submitted as evidence of such.

2.1.4. Any pricing adjustment submitted

may be accepted or rejected at the sole discretion of FCPS.

Delivery

1. Inside Deliveries Only

1.1. Unless otherwise specifically authorized by

FCPS personnel all deliveries to FCPS locations shall be required as “Inside Delivery”.

1.2. Inside Delivery is defined as delivery to a

building with or without an accessible dock where the product ordered is brought into the building by the delivery driver to specific rooms or areas as directed by FCPS staff.

2. Notification Required

2.1. Vendors and their delivery subcontractors

are required to notify FCPS staff a minimum of one (1) business day prior to delivery.

2.2. If delivery cannot be made on the day

requested the vendor and/or their subcontractor shall schedule an alternate day with FCPS personnel at no cost to the District.

3. Refusal of Delivery

3.1. Should FCPS refuse delivery due to, but not

limited to, improper delivery information, or refusal of the carrier to meet Inside Delivery requirements, the vendor shall be responsible for additional costs incurred for alternate / corrected delivery.

Legal Compliance

1. Georgia Code: O.C.G.A. § 20-2-506 Compliance

1.1. Per O.C.G.A. § 20-2-506 any contract

entered into by FCPS shall terminate and without further obligation on the part of the school district at the close of the calendar year in which it was executed (December 31st) and at the close of each succeeding calendar year for which it may be renewed as provided.

1.2. The contract may provide for automatic

renewal unless action is taken by the school system to terminate such contract, and the nature of such action shall be determined by the sole discretion of FCPS.

1.3. The contract shall state the total obligation

of the school system for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term.

2. Non-Appropriations-Georgia Code O.C.G.A. § 36-60-13 Compliance

2.1. Per O.C.G.A. § 36-60-13, if funds fail to be

appropriated by the Fayette County Board of Education each fiscal year beginning July 1st during the term of this contract, then this contract shall terminate on June 30th following written notice from Fayette County Public Schools.

2.2. The contract may provide for automatic

renewal unless action is taken by the school system to terminate such contract, and the nature of such action shall be determined by the sole discretion of FCPS.

3. Americans with Disabilities Act (ADA)

3.1. Respondents should ensure that their

response, resulting contracts, durable goods, and projects are compliant with the Americans with Disabilities Act and corresponding legislation.

pg. 3 of 10 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBW1-JFDC-X0MJ-00008-00?cite=O.C.G.A.%20%C2%A7%2020-2-506&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBW1-JFDC-X0MJ-00008-00?cite=O.C.G.A.%20%C2%A7%2020-2-506&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBS1-FBV7-B31V-00008-00?cite=O.C.G.A.%20%C2%A7%2036-60-13&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBS1-FBV7-B31V-00008-00?cite=O.C.G.A.%20%C2%A7%2036-60-13&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBS1-FBV7-B31V-00008-00?cite=O.C.G.A.%20%C2%A7%2036-60-13&context=1000516 https://www.ada.gov/

3.2. Submission of response indicates the

respondent’s familiarity and compliance with the ADA and corresponding legislation.

Compliance failure will be the sole responsibility of the respondent.

3.3. FCPS reserves the right to reject any

response deemed not compatible with the ADA or corresponding legislation at its sole discretion.

4. Section 508 Rehabilitation Act Compliance

4.1. Respondents should ensure that their

response, resulting contracts, durable goods, and projects are compliant with Section 508 Rehabilitation Act and corresponding rulings.

4.2. Submission of response indicates the

respondent’s familiarity and compliance with the Section 508 Rehabilitation Act and corresponding rulings. Compliance failure will be the sole responsibility of the respondent.

4.3. FCPS reserves the right to reject any

response deemed not compatible with Section 508 Rehabilitation Act or corresponding rulings at its sole discretion.

5. Non-Discrimination Policy

5.1. The respondent, contractors, and

subcontractors may not discriminate against any employee or applicant for employment, to be employed in the performance of this response with the respect to hiring, tenure, terms, conditions, or privileges of employment because of race, color, religion, national origin, or ancestry, or because of age, handicap or sex, except where based on bona fide occupational qualifications.

6. Non-Collusion

6.1. The respondent acknowledges that this

response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, services, or equipment and is in all respects fair and without collusion or fraud.

6.2. Collusive bidding is a violation of State and

Federal law and can result in fines, prison sentences, and civil damage awards.

6.3. Respondent agrees to abide by all conditions

of this solicitation and certify that the signatory is authorized to sign this form for the respondent (per O.C.G.A. § 50-5-67).

6.4. Respondent further certifies that the

provisions of the O.C.G.A. Title 45, Chapter 10, Article 2 have not and will not be violated in any respect.

7. Drug-Free Workplace

7.1. According to O.C.G.A. § 50-24-3, the

respondent will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance including marijuana during the performance of this contract.

7.2. If the respondent has more than one

employee, including respondent, the respondent shall provide for such employee(s) a drug-free workplace program, per the Georgia Drug-Free Workplace Act as provided in O.C.G.A. § 50-24-1 throughout the solicitation and any resulting contracts.

7.3. The respondent will secure from any

subcontractor hired to work on any job assigned under the solicitation written attestation to the same.

7.4. The respondent may be suspended, terminated, or debarred if it is determined that the respondent has made false certification or the respondent has violated such certification by failure to carry out the requirements of O.C.G.A. § 50-24-3(b)

8. Confidentiality Matters and Requirements

8.1. Respondent acknowledges that some

material and information which may come into its possession or knowledge in connection with the solicitation, or the awarded performance thereof, may consist of confidential and private information of FCPS, its students, or employees; the disclosure of which to, or use by, third parties may be damaging or in violation of applicable law.

8.2. Advertising: Respondent shall not prepare or

disseminate any publicity relating to this response or the services performed without the express written consent of FCPS, professional reference citations excluded.

8.3. FCPS complies with O.C.G.A. § 20-2-665, O.C.G.A. § 20-2-666, and O.C.G.A. § 20-2-667. Unless required by state or federal law; or in the case of health or safety emergencies; respondents shall not collect the following records in regards to students or families thereof:

8.3.1. Juvenile Delinquency Records

8.3.2. Criminal Records

8.3.3. Medical/Health Records

8.3.4. Political affiliations or voting

history

8.3.5. Income

8.3.6. Religious Affiliation or beliefs

8.4. As part of FCPS’s compliance with

O.C.G.A. § 20-2-665, O.C.G.A. § 20-2-666, and O.C.G.A. § 20-2-667. Unless required by state or federal law; or in the case of health or safety emergencies; respondents shall not engage knowingly in:

pg. 4 of 10 https://www.section508.gov/manage/laws-and-policies https://www.section508.gov/manage/laws-and-policies https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBX1-JXNB-62V0-00008-00?cite=O.C.G.A.%20%C2%A7%2050-5-67&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBP1-JNS1-M3FW-00008-00?cite=O.C.G.A.%20%C2%A7%2050-24-3&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBW1-JFDC-X0Y0-00008-00?