RFP 25_020 SUVs.docx

Floyd County Schools Appendix a 600 Riverside Parkway NE Rome GA 30161 706.234.1031

RFP: 21-

PROJECT: PMS | Interactive LED Display

Director of Internal Audits and Compliance 600 Riverside Parkway NE

Proposals received by the correct time and date shall be opened and the vendors submitting shall be publicly read.

Proposals shall be in the actual possession of the District, at the location indicated, on or prior to the exact time and date indicated above. Late bids shall not be considered.

Proposals must be in a sealed envelope with the Request for Proposal Number and the offeror’s name and address clearly indicated on the outside of the envelope. All Proposals must be typewritten; This document is a form-fillable word document, all pertinent information can be entered directly into this document, printed, and signed. No substitute document for the forms will be accepted.

VENDORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE REQUEST FOR PROPOSAL

Floyd County Schools Request for Proposals 600 Riverside Parkway NE

RFP: 25-020

PROJECT: SUVs

Floyd County Schools 600 Riverside Parkway NE – Rome GA 30161

UNIFORM INSTRUCTIONS TO OFFERORS

1) DEFINITION OF TERMS: As used in these instructions, the terms listed below are defined as follows:

A) “Attachment” means any item the Solicitation requires an Offeror to submit as part of the Offer.

B) “Contract” means the combination of the Solicitation, including the uniform and Special Instructions to Offerors, the Uniform and Special Terms and Conditions, and the Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers; and any Solicitation Amendments (Addenda) or Contract Amendments; and any terms applied by law.

C) “Contract Amendment” means a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract.

D) “Contractor” means any person who has a contract with the School District/public entity E) “Days” means calendar days unless otherwise specified.

F) “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the solicitation.

G) “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value present or promised, unless consideration of substantially equal or greater value is received.

H) “Offer” means bid, proposal or quotation.

I) “Offeror” means a vendor who responds to a Solicitation.

J) “Procurement Officer” means the person duly authorized to recommend and administer Contracts and make written determinations with respect to the Contract or his or her designee.

K) “Solicitation” means an Invitation for Bids (IFB), a Request for Proposals (RFP), or a Request for Quotations (RFQ).

L) “Solicitation Amendment (or Addendum)” means a written document that is authorized by the Procurement Officer and issued for the purpose of making changes to the Solicitation.

M) “Subcontract” means any Contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishings of any material or any service required for the performance of the Contract.

N) “School District/Public Entity” means the School District/public entity that executes the contract.

2) INQUIRIES

A) Duty to Examine: It is the responsibility of each Offeror to examine the entire Solicitation, seek clarification in writing, and check its Offer for accuracy before submitting the Offer. Lack of care in preparing an Offer shall not be grounds for withdrawing the Offer after the Offer due date and time nor shall it give rise to any Contract claim.

B) Solicitation Contact Person: Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards referenced in the Solicitation shall be directed solely to the Solicitation contact person. The Offeror shall not contact or direct inquiries concerning this Solicitation to any other employee unless the Solicitation specifically identifies a person other than the Solicitation contact person as a contact.

C) Submission of Inquiries: The Procurement Officer or the person identified in the Solicitation as the contact for inquires may require that an inquiry be submitted in writing. Any inquiry related to a Solicitation shall refer to the appropriate Solicitation number, page, and paragraph. Do not place the solicitation number on the outside of the envelope containing the inquire as it may then be identified as an Offer and not be opened until after the Offer due date and time.

D) Timeliness: Any inquiry shall be submitted, in writing, as soon as possible and at least seven (7) days before the Offer due date and time. Failure to do so may result in the inquiry not being answered.

E) No Right to Rely on Verbal Responses: Any inquiry that results in changes to the Solicitation shall be answered solely through a written Solicitation Amendment or Addendum. An Offeror may not rely on verbal responses to its inquires.

F) Solicitation Amendments/Addenda: The Solicitation shall only be modified by a Solicitation Amendment or Addendum.

G) Pre-Offer Conference: A Pre-Offer Conference has been scheduled under this Solicitation, the date, time, and location must appear on the Solicitation cover sheet or elsewhere in the Solicitation. An Offeror should raise any questions about the Solicitation, the procurement process, or the operation at that time. An Offeror may not rely on any verbal responses to questions at the conference. Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through a written Solicitation Amendment or Addendums.

H) Persons with Disabilities: Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the appropriate Solicitation contact person. Requests shall be made as early as possible to allow time to arrange the accommodation.

3) OFFER PREPARATION

A) Forms: An Offer shall be submitted either on the forms provided in this Solicitation or their substantial equivalent. Any substitute document for the forms provided in this Solicitation will be legible and contain the same information requested on the form. A facsimile offer shall be rejected.

B) Typed or Ink, Corrections: The Offer, and all other correspondence must be typed. Erasures, interlineations or other modifications in the Offer must be initialed in ink by the person signing the Offer. Modifications shall not be permitted after Offers have been opened except as otherwise provided under applicable law.

C) Evidence of Intent to be Bound: The Offer and Acceptance form within the Solicitation must be submitted with the Offer and must include a signature by a person authorized to sign the Offer. The signature shall signify the Offeror’s intent to be bound by the Offer and the terms of the Solicitation and that the information provided is true, accurate, and complete. Failure to submit verifiable evidence of intent to be bound, such as an original signature, may result in rejection of the Offer.

D) Exceptions to Terms and Conditions: All exceptions included with the Offer shall be submitted in a clearly identified separate section of the Offer in which the Offeror clearly identifies the specific paragraphs of the Solicitation where the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract unless such exception is specifically referenced by the Procurement Officer in a written statement. The Offeror’s preprinted or standard terms will not be considered as a part of any resulting Contract.

E) Invitation for Bids: An Offer that takes exception to a material requirement of any part of the Solicitation, including terms and conditions, shall be rejected.

F) Request for Proposals: All exceptions that are contained in the Offer may negatively affect the proposal evaluation based on the evaluation criteria as stated in the Solicitation or result in rejection of the Offer.

G) Subcontracts: Offeror shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities in the Offer. Per 7 CFR §3017.200 debarment verification shall be completed on subcontracts/subcontractors. This will be completed by the subcontractor prior to contract approval.

H) Cost of Offer Preparation: The District will not reimburse any Offeror the cost of responding to a Solicitation.

I) Solicitation Amendments/Addenda: Unless otherwise stated in the Solicitation, each Solicitation Amendment or Addendum shall be signed with an original signature by the person signing the Offer, and shall be submitted no later than the Offer due date and time. Failure to return a signed copy of a material Solicitation Amendment or Addendum or to follow the instructions for acknowledgement of the Solicitation Amendment/Addendum shall result in rejection of the Offer.

J) Federal Excise Tax: School Districts/public entities are exempt from Federal Excise Tax on manufactured goods. Exemption Certificates will be prepared upon request.

K) Provision of Tax Identification Numbers: Offerors are required to provide their Federal Tax Identification number, if applicable, in the space provided on the Offer and Acceptance Form L) Disclosure: If the Firm, business, or person submitting this Offer has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the Offeror must fully explain the circumstances relating to the preclusion or proposed preclusion in the Offer. The Offeror shall include a letter with its Offer setting forth the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided.

M) Solicitation Order of Precedence: In the event of a conflict in the provisions of this Solicitation, the following shall prevail in the order set forth below:

i) Special Terms and Conditions;

ii) Uniform Terms and Conditions;

iii) Statement of Scope of Work;

iv) Specifications;

v) Attachments;

vi) Exhibits;

vii) Special Instructions to Offerors; and

viii) Uniform Instructions to Offerors N) Delivery: Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all delivery and unloading at the destination(s).

4) SUBMISSION OF OFFER

A) Sealed Envelope or Package: Each Offer shall be submitted to the submittal location identified in this Solicitation, in a sealed envelope or package that identifies its contents as an Offer and the Solicitation number to which it responds. The appropriate Solicitation number shall be plainly marked on the outside of the envelope or package.

B) Offer Amendment or Withdrawal: Any offer may be withdrawn by the Offeror at any time prior to the date and time set for the solicitation opening. An Offer may not be amended or withdrawn after the Offer due date and time except as otherwise provided under applicable law.

C) Public Record: Under applicable law, all Offers submitted and opened are public records and must be retained by the School District/public entity. Offers shall be open to public inspection after Contract award, except for such Offers deemed to be confidential by the School District/public entity. If an Offeror believes that information in its Offer should remain confidential, it shall stamp as confidential that information and submit a statement with its Offer detailing the reasons that information should not be disclosed. The School District/public entity shall make a determination on whether the stamped information is confidential pursuant to the School District/public entity’s Procurement Code.

D) Non-collusion, Employment, and Services: By signing the Offer and Acceptance form or other official contract form, the offeror certifies that:

i) It did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its offer; and

ii) It does not discriminate against any employee, applicant for employment, or person to whom it provides services because of race, color, religion, sex, sexual orientation, national origin, marital or family status, political beliefs, disability, or Vietnam status and that it complies with all applicable federal, state, and local laws and executive orders regarding employment.

5) ADDITIONAL PROPOSAL INFORMATION

A) Unit Price Prevails: Where applicable, in the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate shall govern.

B) Late Offers: An offer submitted after the exact Offer due date and exact time shall be rejected.

C) Disqualification: The Offer of an Offeror who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected.

D) Offer Acceptance Period: An Offeror submitting an Offer under this Solicitation shall hold its Offer open for the number of days from the Offer due date that is stated in the Solicitation. If the Solicitation does not specifically state a number of days for the Offer acceptance, the number of days shall be ninety (90). If a Best and Final Offer is requested pursuant to a Request for Proposals, an Offeror shall hold its Offer open for ninety (90) days from the Best and Final due date.

E) Payment: Payments shall comply with Net 30 days. Upon receipt and acceptance of goods or services, the Contractor shall submit a complete, detailed, and accurate invoice, including all rebates, credits, and discounts for payment within thirty (30) days.

F) Waiver and Rejection Rights: Notwithstanding any other provision of the solicitation, Floyd County Schools reserves the right to:

i) Waive any minor informality;

ii) Reject any and all offers or portions thereof; or

iii) Cancel a solicitation.

6) AWARD

A) Number or Types of Awards: Where applicable, Floyd County Schools reserves the right to make multiple awards or to award a Contract by individual line items, by a group of line items, or to make an aggregate award, whichever is deemed most advantageous to Floyd County Schools. If the Procurement Officer determines that an aggregate award to one Offeror is not in the School District’s interest, “all or none” Offers shall be rejected.

B) Contract Inception: An Offer does not constitute a Contract nor does it confer any rights on the Offeror to the award of a Contract. A Contract is not created until the Offer is accepted in writing by the Procurement Officer’s signature of the Offer and Acceptance Form. A letter or other notice of award or of the intent to award shall not constitute acceptance of the Offer.

C) Effective Date: The effective date of this Contract shall be the date that the Procurement Officer signs the Offer and Acceptance Form or other official contract form, unless another date is specifically stated in the Contract.

D) Governing Board Approval: Final acceptance for Floyd County Schools will be contingent upon the approval of their Governing Board, if applicable.

7) PROTESTS

A) A protest must be in writing and must be filed with Dennison Hicks, Director of Internal Audits and Compliance. A protest of a solicitation must be received at the purchasing agency before the solicitation opening date. A protest of a proposed award or of an award must be filed within 10 days after the protester knows or should have known the basis of the protest. A protest must include:

i) The name, address and telephone number of the protestor.

ii) The signature of the protestor or its representative.

iii) Identification of the purchasing agency and the solicitation number.

iv) A detailed statement of the legal and factual grounds of protest including copies of relevant documents.

v) The form of relief requested.

REMAINDER OF PAGE INTENTIONALLY BLANK

UNIFORM TERMS AND CONDITIONS

1) CONTRACT INTERPRETATION

A) Implied Contract Terms. Each Provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated in it.

B) Relationship of Parties. The Contractor under this Contract is an independent Contractor. Neither party to this Contract shall be deemed to be the employee agent of the other party to the Contract.

C) Conflict of Interest. All parties hereby are put on notice that this Contract is subject to termination if any District employee or Governing Board Member has substantial interest in the firm and/or services and has not followed State and District rules governing orders in such interest. Contractor must further certify that they have not paid or agreed to pay any person, other than a bona fide employee a fee or brokerage resulting from the award of this Contract.

D) Severability. The provisions of this Contract are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Contract.

E) No Parol Evidence. This Contract is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document.

F) No Waiver. Either party’s failure to insist on strict performance of any term or condition of the Contract shall not be deemed waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it.

2) CONTRACT ADMINISTRATION AND OPERATION

A) Records. The Contractor shall retain and shall contractually require each Subcontractor to retain all data and other records (“records”) relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract. All records shall be subject to inspection and audit at reasonable times. Upon request, the Contractor shall produce a legible copy of any or all such records.

B) Non-Discrimination. The Contractor shall comply with all applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act.

C) Audit. At any time during the term of this Contract and five (5) years thereafter, the Contractor’s or any Subcontractor’s books and records shall be subject to audit by the School District and, where applicable, the Federal Government, the extent that the books and records relate to the performance of the Contract or Subcontract.

D) Notices. Notices to the Contractor required by this Contract shall be made by the School District to the person indicated on the Offer and Acceptance form submitted by the Contractor unless otherwise stated in the Contract. Notices to the School District required by the Contract shall be made by the Contractor to the Solicitation Contact Person indicated on the Solicitation cover sheet, unless otherwise stated in the Contract. An authorized Procurement Officer and an authorized Contractor representative may change their respective person to whom notices shall be given by written notice and an Amendment to the Contract shall not be necessary.

E) Advertising and Promotion of Contract. The Contractor shall not advertise or publish information for commercial benefit concerning this Contract without the prior written approval of the Procurement Officer.

F) Property of the School District. Any materials, including reports, computer programs and other deliverables, created under this Contract are the sole property of the School District. The Contractor is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. The Contractor shall not use or release these materials without the prior written consent of the School District.

3) COSTS AND PAYMENTS

A) Payments. Upon receipt and acceptance of goods or services, the Contractor shall submit a complete and accurate invoice for payment from the School District within thirty (30) days.

B) Applicable Taxes.

i) Tax Indemnification. Contractor and all Subcontractors shall pay all federal, state, and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall and require all Subcontractors to hold the School District harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker’s Compensation.

ii) IRS W-9. In order to receive payment under any resulting Contract, Contractor shall have a current I.R.S. W-9 Form on file with the School District.

C) Availability of Funds for the Next Fiscal Year. Funds may not presently be available for performance under this Contract beyond the current fiscal year. No legal liability on the part of the School District for any payment may arise under this Contract beyond the current fiscal year until funds are made available for performance of the Contract. The School District will make reasonable efforts to secure such funds.

4) CONTRACT CHANGES

A) Amendments. This Contract is issued under the authority of the Procurement Officer who signed this Contract. The Contract may be modified only through a Contract Amendment within the scope of the Contract signed by the Procurement Officer. Changes to the Contract, including the addition of work or materials, the revision of payment terms, or the substitution of work or materials, directed by an unauthorized employee or made unilaterally by the Contractor are violations or the Contract and or applicable law. Such changes, including unauthorized written Contract Amendments, shall be void and without effect, and the Contractor shall not be entitled to any claim and this Contract based on those changes.

B) Subcontracts. The Contractor shall not enter into any Subcontract under this Contract without the advance written approval of the Procurement Officer. The Subcontract shall incorporate by reference the terms and conditions of this Contract.

C) Assignment and Delegation. The Contractor shall not assign any right nor delegate any duty under this Contract without the prior written approval of the Procurement Officer. The Procurement Officer shall not unreasonably withhold approval.

5) RISK AND LIABILITY

A) Risk of Loss. The Contractor shall bear all loss of conforming material covered under this Contract until received by authorized personnel at the location designated in the purchase order or Contract. Mere receipt does not constitute final acceptance. The risk of loss for nonconforming materials shall remain with the Contractor regardless of receipt.

B) General Indemnification. To the extent permitted, the School District shall be indemnified and held harmless by the Contractor for its vicarious liability as result of entering into this Contract. Each party to this Contract is responsible for its own negligence.

C) Indemnification - Patent and Copyright. To the extent permitted, the Contractor shall indemnify and hold harmless the School District against any liability, including costs and expenses, for infringement of any patent, trademark, or copyright arising out of Contract performance or use by the School District of materials furnished or work performed under this Contract. The School District shall reasonably notify the Contractor of any claim for which it may be liable under this paragraph.

D) Insurance: To adequately protect the interests of the Floyd County School System, the successful respondent shall procure, and maintain in effect during the life of the agreement, the following insurance coverages. These coverages must be procured by the contractor at its own expense. The contractor agrees to follow instructions indicated in each case. All policies must be occurrence based. The Floyd County School System shall be named as an additional insured on all policies. The policies shall contain provisions that the coverage provided by said policies shall be primary to any insurance maintained by the Floyd County School System. Said insurance shall in fact be primary to any insurance maintained by the school system.

i) Comprehensive Liability Insurance: Combined single limits including Bodily Injury and Property Damage with limits of $1,000,000 for each occurrence, personal and advertising injury within a limit of $1,000,000 per occurrence, and $2,000,000 general and products/completed operations aggregates. General Liability should include premises/operations coverage and products and completed operations coverage. Policy should include X, C, U (Explosion, Collapse, and Underground Coverage).

ii) Auto Liability: Including Owner, hired, and non-owned vehicles with Combined Single limits including Bodily injury and Property damage of $1,000,000 for each occurrence.

iii) Umbrella Excess Liability Insurance: Contractor shall carry umbrella excess liability including Auto, General Liability and Workers’ Compensation in the amount of $1,000,000 over existing primary insurance and over self-insured hazards.

iv) Environmental Impairment Liability and/or Pollution Liability: $1,000,000 per occurrence.

v) Worker’s Compensation: As required by law.

E) Safety Offeror, at its own expense and at all times, shall take all reasonable precautions to protect persons and the District property from damage, loss or injury resulting from the activities of Offeror, its employees, its subcontractors, and/or other persons present. Offeror will comply with all specific job safety requirements promulgated by any governmental authority, including without limitation, the requirements of the Occupational Safety Health Act of 1970.

F) Force Majeure:

i) Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented by reason of force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; flood; lockouts; injections-intervention-acts; or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence.

ii) Force Majeure shall not include the following occurrences:

(1) Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or elsewhere, or an oversold condition of the market; or

(2) Late performance by a Subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition. ; or

(3) Inability of either the Contractor or any Subcontractor to acquire or maintain any required insurance, bonds, licenses, or permits.

iii) If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify the other party in writing of such delay, as soon as it is practicable and no later than the following working day, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be delivered or mailed certified-return receipt requested, and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by Contract Amendment for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract.

iv) Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure.

G) Third Party Antitrust Violations: The Contractor assigns to the School District any claim for overcharges resulting from antitrust violation the extent that those violations concern materials of services supplied by third parties to the Contractor toward fulfillment of this Contract.

6) WARRANTIES

A) Liens. The Contractor warrants that the materials supplied under this Contract are free of liens.

B) Quality. Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants that for one year after acceptance by the School District of the materials or services, they shall be:

i) Of a quality to pass without objection in the trade under the Contract description;

ii) Fit for the intended purposes for which the materials or services are used;

iii) Within the variations permitted by the Contract and are of even kind, quality, and quality within each unit and among all units;

iv) Adequately contained, packaged and marked as the Contract may require; and

v) Conform to the written promises or affirmations of fact made by the Contractor.

C) Fitness. The Contractor warrants that any material or service supplied to the School District shall fully conform to all requirements of the Solicitation and all representations of the Contractor, and shall be fit for all purposes and uses required by the Contract.

D) Inspection/Testing. The warranties set forth in subparagraphs A through C of this paragraph are not affected by inspection testing of or payment for the materials or services by the School District.

E) Exclusions. Except as otherwise set forth in this Contract, there are no express or implied warranties or merchant ability fitness.

F) Compliance with Applicable Laws The materials and services supplied under this Contract shall comply with all applicable federal, state and local laws, and the Contract shall maintain all applicable licenses and permits.

G) Survival of Rights and Obligations after Contract Expiration or Termination.

i) Contractor’s Representations and Warranties. All representations and warranties made by the Contractor under this Contract shall survive the expiration of termination hereof.

ii) Purchase Orders. The Contractor shall, in accordance with all terms and conditions of the Contract, fully perform and shall be obligated to comply with all purchase orders received by the Contractor prior to the expiration or termination hereof, unless otherwise directed in writing by the Procurement Offices, including, without limitation, all purchase orders received prior to but not fully performed and satisfied at the expiration or termination of this Contract.

7) SCHOOL DISTRICT’S CONTRACTUAL REMEDIES

A) Right to Assurance. If the School District in good faith has reason to believe that the Contractor does not intend to or is unable to perform or continue performing the Contract, the Procurement Officer may demand in writing that the Contractor give a written assurance of intent or ability to perform. Failure by the Contractor to provide written assurance within the number of days specified in the demand may, at the School District’s option, be the basis for terminating the Contract under the Uniform General Terms and Conditions.

B) Stop Work Order.

i) The School District may, at any time, by written order to the Contractor, require the Contractor to stop all or any part, of the work called for by this Contract for a period of up to ninety (90) days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.

ii) If a stop work order issued under this clause is canceled or the period of the order or any extension expires, the Contractor shall resume work. The Procurement Officer shall make an equitable adjustment in the delivery schedule or Contract price, or both, and the Contract shall be amended in writing accordingly.

C) Non-exclusive Remedies. The rights and the remedies of the School District under this Contract are not exclusive.

D) Nonconforming Tender. Materials supplied under this Contract shall fully comply with the Contract. The delivery of materials or a portion of the materials in an installment that do not fully comply constitutes a breach of Contract. On delivery of nonconforming materials, the School District may terminate the Contract for default under applicable termination clauses in the Contract, exercise any of its remedies under the Uniform Commercial Code or pursue any other right or remedy available to it.

E) Right to Offset. The School District shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred by the School District or damages assessed by the School District concerning the Contractor’s nonconforming performance or failure to perform the Contract, including expenses, costs and damages described in the Uniform General Terms and Conditions.

8) CONTRACT TERMINATION

A) Cancellation for Conflict of Interest. The School District may cancel this Contract within three (3) years after Contract execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the School District entity is, or becomes at any time while the Contract or an extension the Contract is in effect, an employee of or a consultant to any other party to this Contract with respect to the subject matter of the Contract. The cancellation shall be effective when the Contractor receives written notice of the cancellation unless the notice specifies a later time.

B) Gratuities. The School District may, by written notice, terminate this Contract, in whole or in part, if the School District determines that employment or gratuity was offered or made by the Contractor or a representative of the Contractor to any officer or employee of the School District for the purpose of influencing the outcome of the procurement or securing the Contract, an Amendment to the Contract, or favorable treatment concerning the Contract, including the making of any determination or decision about Contract performance. The School District, in addition to any other rights or remedies, shall be entitled to recover exemplary damages in the amount of three (3) times the value of the gratuity offered by the Contractor.

C) Suspension or Debarment. The School District may, by written notice to the Contractor, immediately terminate this Contract if the school District 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.

D) Termination for Convenience. The School District reserves the right to terminate the Contract, in whole or in part at any time, when in the best interests of the School District without penalty recourse. Upon receipt of the 60 day written notice, the Contractor shall immediately stop all work, as directed in the notice, notify all Subcontractors of the effective date of the termination and minimize all further costs to the School District. In the event of termination under this paragraph, all documents, data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to the School District. The Contractor shall be entitled to receive just and equitable compensation for work in progress, work completed, and materials accepted before the effective date of the termination.

E) Termination for Default

i) In addition to the rights reserved in the General Terms and Conditions, the School District reserves the right to terminate the Contract in whole or in part due to the failure of the Contractor to comply with any term or condition of the Contract, to acquire and maintain all required insurance policies, bonds, licenses and permits, or to make satisfactory progress in performing the Contract. The Procurement Officer shall provide written notice of the termination and the reasons for it to the Contractor.

ii) Upon termination under this paragraph, all documents, data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to the School District/public entity.

iii) The School District/public entity may, upon termination of this Contract, procure, on terms and in the manner that it deems appropriate, materials and services to replace those under this Contract. The Contractor shall be liable to the School District/public entity for any excess costs incurred by the School District/public entity reproducing the materials or services.

F) Continuation of Performance through Termination. The Contractor shall continue to perform, in accordance with the requirements of the Contract, up to the date of termination, as directed in the termination notice.

9) GIFT POLICY:

Floyd County Schools will accept no gifts, gratuities, or other items (exception of nominal dollar value) from vendors. Floyd County Schools has adopted a zero-tolerance policy concerning vendor gifts. Floyd County Schools may request product samples from vendors for official evaluation with disposal of those said samples at the discretion of the Procurement Officer.

Contractor’s Employment Eligibility By entering the contract, the contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal immigration laws and regulations.

The District may request verification of compliance from any contractor or subcontractor performing work under this contract. The District reserves the right to confirm compliance in accordance with applicable laws.

Should the District suspect or find that the contractor or any of its subcontractors are not in compliance, the District may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the contract for default, and suspension and/or debarment of the contractor. All costs necessary to verify compliance are the responsibility of the contractor.

10) FINGERPRINT & CHECKS

If required to provide services on a regular basis and the contractor is likely to have independent access to or unsupervised contact with pupils, the contractor shall submit all employees to a fingerprint background check. Fingerprint check should be multi-state background check. Local only checks are not satisfactory. Company should have all background checks on file and available for check by Floyd County Board employees. Furthermore, the company agrees to, at the request of the school system, to remove any employee found to be a danger to its students.

Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.

No employee with the following should be allowed on Floyd County School’s property:

· An offense for which a defendant is required to register as a sex offender under Georgia Code Title 16, Chapter 6

· An equivalent offense under federal law or laws of another state

· Crimes involving moral turpitude including:

· Fraud or false pretenses in obtaining something of value

· Larceny or a misdemeanor theft by taking

· Larceny after trust

· Murder

· Voluntary manslaughter

· Sale of narcotics or other illegal drugs

· Pattern of failure to file federal tax returns

· Criminal issuance of a bad check

· Making a false report of a crime Additionally, contractor shall comply with the governing body fingerprinting policies of each individual school district/public entity.

11) CONTRACTORS ON SITE

All contractors should check-in with the front office of each school upon arrival and at the completion of work (or day end) to notify that crews have left the premises. Additionally, contractors must be in clearly identifiable uniform with the company name clearly visible. Floyd County Schools will not issue badges for contractors.

REMAINDER OF PAGE INTENTIONALLY BLANK

SPECIAL INSTRUCTIONS

1) AUTHORITY: This solicitation as well as any resultant contract is issued under the authority of the Procurement Department. No alteration on any resultant contract may be made without the express written approval of the Director of Procurement or Chief Financial Officer in the form of an official contract amendment. Any attempt to alter any contract without such approval is a violation of the contract and the School District Procurement Rules. Any such action is subject to legal and contractual remedies available to the District inclusive of, but not limited to, contract cancellation, suspension and/or debarment of the Offeror.

2) CONTRACT TYPE: Fixed Price.

3) PROPOSAL QUESTIONS: Offerors who wish to submit questions regarding this RFP should submit their questions in writing to the purchasing agent listed below by January 10th, 2025. Responses will be addressed in an Addendum to the RFP, if necessary. Addenda must be acknowledged where designated in the proposal. The purpose of the Addendum is to clarify, if necessary, the terms of this Request for Proposals, and to prevent any misunderstanding of the District’s intention in this matter. If anyone should have a discrepancy in, or omission from, the general terms and conditions of this Request for Proposals, or if in doubt as to their meaning, such matters should be presented in writing. Phone calls with questions or requests for information regarding the Request for Proposals will not be accepted. Oral statements or instructions will not constitute a response to this Request for Proposals. Please submit any questions or discrepancies to bids@floydboe.net.

4) ADDENDUMS: Any and all addendums issued by the District must be acknowledged so the District knows you have taken the information provided in the addendum into consideration in your offer. Any and all addendums should be acknowledged on the Addendum Acknowledgement Form found on page 27.

5) DISTRICT RESERVES THE RIGHT TO:

· Accept or reject any or all proposals.

· Waive any irregularities and technicalities and may, at its sole discretion, request a clarification or other information to evaluate any or all proposals.

· Before awarding the contract, to require Offeror(s) to submit evidence of qualifications or any other information the District may deem necessary.

· Prior to Governing Board approval, to cancel the RFP or portions thereof, without penalty.

· Accept the proposals of any or all of the items it deems, at its sole discretion, to be in the best interest of the District.

· The District reserves the right to reject any and/or all items proposed or awarded to multiple Offerors.

· Further negotiate any proposal, including price, with the highest rated Offeror under the Best and Final provision. If an agreement cannot be reached with the highest rated Offeror, the District reserves the right to negotiate and recommend award to the next highest Offeror or subsequent Offeror until an agreement is reached.

6) CONTRACT REFERENCE: All terms and conditions of this RFP, any addenda, Offeror’s submissions and negotiated terms, are incorporated into the contract by reference as set forth herein.

7) DEVIATIONS/EXCEPTIONS: Any deviations or exceptions to the RFP, must be clearly indicated as such on page 31. All services must be seamless to FCS who will continue to work with the designated provider.

8) CONTINGENCIES: The total purchase of all orders to be issued against contracts is not known, and Floyd County Schools will not be bound to purchase a minimum during any contract period. The information provided is an estimate of projected needs and is in no way guaranteed or implied. Payment will be made to the successful bidder for actual services and quantity(s) ordered and received.

9) FAMILIARITY OF TERMS/CONDITION OF SOLICITATION: Offeror should become familiar with any local conditions, which may, in any manner, affect the services required. The Offeror(s) is/are required to carefully examine the RFP terms and to become thoroughly familiar with any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowance will be made due to lack of knowledge of these conditions.

10) LOBBYING: Offerors are hereby advised that lobbying is not permitted with any district personnel or board members related to or involved with this RFP until the administration's recommendation for award has been posted in the business office. All oral or written inquiries must be directed through the procurement department.

Lobby is defined as “any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the Governmental Decision of a Board Member or ANY District Personnel after release and prior to the award of this contract by all entities.” Any Offeror or any individuals that lobby on behalf of Offeror during the time specified will result in the rejection and disqualification of said Offer.

11) EVALUATION SCHEDULE: The District intends to use the below schedule, however, it will not be held to this timeframe.

12) EVALUATION: During the course of the selection process, all prospective companies are cautioned not to contact School Board Members or Selection Committee Members or attempt to persuade or promote through other channels.

The proposals will be initially evaluated for conforming to the requirements of the RFP by representatives of the District. All those responsible and responsive offers that meet the technical requirements will then be evaluated for pricing and specifications of services.

District representatives and any outside experts the District considers necessary shall evaluate the proposals. The District reserves the right to arrange for discussions to assist in making the selection.

Evaluation of the proposals will be based upon the following criteria (listed in the relative order of importance). Specific weighting may be used, but will not be required.

The purpose of the cost evaluation is to “normalize” the cost submittals. This is accomplished by calculating the score for each proposal by using the formula below. The cost proposal shall be evaluated on the total cost proposed for requested site services.

Lowest Proposer’s Cost / firms cost X number of points available = Score

Example: If lowest firms’ cost is $100 and firm A’s cost is $200 and total points available is 400, then the following is true for firm A. (100/200) x 400 = 200 points

25 points = Vehicle is available for pickup on or before 2/11/25

5 points = Vehicle is available for pickup on or before 2/28/25.

0 points = Vehicle is not available for pickup until 3/1/25 or later

Note: Bids with pickup dates after 2/28/25 may be rejected at the discretion of the Floyd County School Board.

25 points = Vehicle pickup location is less than or equal to 25 miles from FCS BOE.

5 points = Vehicle pickup location is between 26 and 75 miles from FCS BOE.

0 points = Vehicle pickup location is greater than 75 miles from FCS BOE.

FCS BOE address: 600 Riverside Parkway NE, Rome, GA 30161

Note: Bids with a pickup location of greater than 75 miles may be rejected at the discretion of the Floyd County School Board.

13) Tiebreaker: If two or more bids are scored equally, preference will be given to the bidder with the closest location to the Floyd County School Board.

14) DISCUSSIONS: After the initial receipt of proposals, the District reserves the option to conduct discussions with those Offerors who submit proposals determined by the District to be reasonably susceptible of being selected for award.

15) BEST AND FINAL OFFERS: If discussions are conducted, the District shall issue a written request for best and final offers. If the Offerors do not submit a notice of withdrawal or a best and final offer, the immediate previous offer will be construed as the best and final offer.

16) AWARD BASIS: The successful Offeror will be determined by Evaluation Criteria including but not limited to pricing, or other value added services offered. Floyd County Schools reserves the right to award as many term contracts for the services as may be in the best interest of the District. Awards will not be made based on price alone.

Any deviation from the general terms and conditions or exceptions taken shall be described fully and appended to the proposal form on the Offeror's letterhead over the signature of the person signing the proposal form. Such appendages shall be considered part of the Offeror’s formal proposal.