RFP WEST-02-2023-2024-11 Custodial and Maintenance Services.docx

RFP # WEST-02-2023-2024-11

REQUEST FOR PROPOSALS

FOR

CUSTODIAL AND MAINTENANCE SERVICES

BID SUMMARY

Commodity/Service Being Requested: Custodial and Maintenance Services

Type of Solicitation: Request for Proposals (RFP) – Westwood Community School District, in partnership with the Michigan Association of Counties (MAC) CoPro+ Program, is competitively bidding and awarding a Master Agreement (Contract) to a Contractor or Contractors for Custodial and Maintenance Services.

Type of Resulting Contract: Statewide Cooperative Contract – As a result of this RFP, Westwood Community School District will work with the MAC/CoPro+ program to market and extend the resulting Contract to other public municipalities, non-profit organizations and schools statewide in having access to Contract(s) for Custodial and Maintenance Services. This Contract will enable public municipalities, non-profit organizations, and schools to “piggyback” and purchase services on an “as needed” basis from the Contractor(s). Proposers must identify any limitations on service areas within their proposal.

Resulting Contract Term: Three (3) years with Two (2) one-year renewal options.

RFP SCHEDULE

*The Pre-Proposal Meeting is mandatory to attend. The Pre-Proposal Meeting will be held on-site at the address below on January 10, 2024, at 10:00 a.m. Eastern Time.

**Responses received later than the specified deadline will be disqualified.

Pre-Proposal Meeting:

Westwood Community School District 3335 S Beech Daly St.

Dearborn Heights, MI 48125

Westwood Community School District reserves the right to change this schedule as needed and all information provided by Westwood Community School District in this RFP is offered in good faith. Individual items/services are subject to change at any time. Westwood Community School District makes no certification that any item, service, location is without error.

Award of this proposal is contingent upon the approval of funding from Westwood Community School District Board of Education.

The Sole Point of Contact During this Solicitation Process is:

Stacey Shaw shaw@macservcorp.com

(989) 307-1307

Contact with Westwood Community School District Personnel: All contact with Westwood Community School District regarding this RFP or any matter relating thereto must be sent to the following email: shaw@macservcorp.com

Table of Contents

ATTACHMENT A

ATTACHMENT B

ATTACHMENT C

Solicitation Terms and Conditions can be found at CoPro+ Contract Terms and Conditions

SECTION 1.0 – PROPOSER RESPONSES TO SCOPE OF WORK AND PRICING

1.1 Introduction and Scope

The Westwood Community School District (“Westwood”) hereby invites businesses who meet the qualifications and specifications set forth herein to submit proposals for Custodial and Maintenance Services. The awarded proposer (“Contractor”) must furnish all labor, equipment, materials, and supervision for all custodial and maintenance services. Services will be provided at the locations below (shown in Attachment A) and any other locations as agreed upon. It shall be understood that in all tasks incidental to cleaning functions not specifically listed in this RFP but normally included in general custodial practices will be provided. Any minor alterations in the physical layout or changes in operation will not affect the provisions of the Contract:

Westwood Community School District Administration Center 3335 S Beech Daly Road Dearborn Heights MI 48125

Robichaud High School

3601 Janet Street Dearborn Heights MI 48125

Tomlinson Middle School

25912 Annapolis Street Inkster MI 48141

Daly Elementary School

25824 Michigan Avenue Inkster MI 48141

Inkster MI 48141

Thorne Elementary School

25251 Annapolis Dearborn Heights MI 48125

Dearborn Heights MI 48125

Proposer Responses Proposer will enter responses in the “Proposer Response” text boxes where provided (see example below). There is no minimum or limitation on the number of words used for responses.

-EXAMPLE- Proposer Response:

1.2 Minimum Mandatory Requirements

All proposals will be reviewed for compliance with the minimum mandatory requirements. Proposals deemed non-responsive will be eliminated from further consideration.

Interested and qualified proposers that can demonstrate their ability to successfully provide the goods and services requested under this RFP are invited to submit proposal(s), provided they meet the following requirements:

1. Proposer must have a minimum of three (3) years’ successful experience in performing Custodial and Maintenance Services for similar entities. Please provide in Section 2.2 References.

Proposer Response:

Please confirm your understanding by checking Yes or No.

☐ Yes ☐ No

1.3 Requirements and Specifications

The Contractor must provide the necessary labor, equipment, materials/supplies and supervision for all custodial and maintenance services for the areas as specified. The approximate total area to be cleaned is defined in Attachment A. It shall be understood that in all tasks incidental to cleaning functions not specifically listed in this RFP but normally included in general custodial practices will be provided. The Contractor is responsible for regularly assessing the conditions of the buildings and their systems, as well as preventative maintenance programs necessary to maintain, preserve, and keep the premises in good repair and condition. The services of the Supplier are to be of a scope and quality generally performed by professional property managers and executed in a reasonable, diligent, and careful manner so as to manage and supervise the operation, cleaning, and maintenance and servicing of school buildings and ancillary buildings in a manner that is comparable to or better than that generally found in surrounding school districts in Michigan and of districts of comparable size throughout the United States. Services must be provided in accordance with the highest standards of professionalism, skill, workmanship, and applicable trade practices and must conform to all applicable codes and regulations. The Supplier will be obligated to operate, repair, replace and maintain in good repair and condition, throughout the term of this Contract, including but not limited to the specifications described below:

CUSTODIAL SERVICES SPECIFICATIONS

Please initial next to each specification to confirm your organization’s understanding of Westwood’s requirements (Req#). You may provide additional information by listing the Req# for each specification within the response box that follows this table.

DAYS/HOURS OF WORK

Independence Day Labor Day Thanksgiving Day and Day after Thanksgiving Christmas Eve Christmas Day New Years Eve New Years Day Martin Luther King Day Good Friday Memorial Day

Note: This schedule is subject to change. Holidays for the proceeding fiscal years will be submitted to the Contractor by July 1 of each year. The Contractor will schedule all work to be done on a non-interfering basis with the building operation as far as practical. The work schedule is to be approved by the Westwood Community School District Facility Operations.

On occasion, the administration building may require an as-needed basis custodial services during the week and weekends. Services must include the following duties:

1. Maintain a sanitary and welcoming restroom facility by refreshing bathrooms on business and conference center as often as building usage requires.

2. Refresh employee break rooms, the stocking and storage cabinets and replace condiments and coffee service as needed.

3. Provide assistance to caterers during high-capacity building events as well as on the spot requests such as trash removal, additional chairs/table setups, wiping down tables, etc.

4. Setup meeting rooms, opening/closing wall(s) dividers, wiping off tables and straighten up chairs/tables.

5. Perform emergency tasks as assigned, i.e., spills, restroom accidents, etc.

6. Respond to call for biohazard cleanup and emergencies.

7. Respond to requests made by employees, i.e., refills of facial tissue, need for disinfectant cleaners, trash removal, etc.

8. Other duties as required.

Initial

WEAR DISTINCTIVE AND MATCHING UNIFORMS with CLEARLY READABLE IDENTIFICATION, ON THE FRONT OF THEIR UNIFORM SHIRT (preferably on a breast pocket).

· Flooding, fire and/or other building maintenance situations.

· Lack of/or failure to properly clean facilities.

· For daily deficiencies, corrections will be made by the Westwood Community School District and a deduction for actual cost will be made from the monthly billing.

· Procure service for correction of the deficiency from other sources and hold the Contractor responsible for any costs occasioned thereby.

Proposer Response:

1.3.28 Definitions

The following definitions will be considered the minimum acceptable standard for the activities performed under this Contract:

Wet Mopping and Scrubbing The floors must be properly prepared, thoroughly swept to remove all loose dirt and debris, gum, tar and other foreign substances. Upon completion of wet mopping or scrubbing, the floor must be clean, free of dirt, stains, spills, mars, mop marks, and properly rinsed and dry mopped to present a clean appearance. All surfaces must be dry with corners, cracks, and splice joints clean. Cove base, walls, furniture, doors, etc., must be wiped clean to remove any streaks or splashes.

Germicidal disinfectant cleaner must be used on all restrooms, floors, walls, partitions, fixtures and equipment when cleaning.

Floor Finishing Floor finish must be applied in a thin, even coat. The number of coats applied will depend on the use and condition of the floor but in no case will be less than two coats be applied. At the stated frequencies in Attachment B, floors must be wet mopped between regular floor finishing operations. The floor must be properly swept free of all loose dirt prior to mopping. Upon completion of wet mopping, the floor must be clean and free of dirt, water streaks, mop marks and properly rinsed, and dry mopped to present a clean appearance. All surfaces must be dry with corners, cracks, and splice joints clean after wet mopping.

Stripping and Sealing There must be complete removal of all dirt, old floor finish and other substances in returning floor to its original surface. All corners, edges, cracks, splice joints and around other floor mounted appurtenances must be completely cleaned. Two thin coats of appropriate sealer must be applied with caution to prevent streaking or bleaching of the floor surface. This application must be applied in accordance with the manufacturer's recommendation and must be compatible with the floor finish to be used.

Carpet Shampooing All carpets and classroom area rugs must be thoroughly cleaned twice (2) per year, including carpets in the Thorne Modular and Daly Modular buildings which must be cleaned twice (2) per year; by the Contractor using steam-water extraction method with water pick up capable of reducing remaining water to a minimum of 10 percent (10%) by weight moisture content.

CONTRACTOR SHALL PROVIDE THE MAINTENANCE SUPERVISOR WITH A WRITTEN SCHEDULE OF AREAS TO BE CLEANED BY DATE EACH YEAR.

Prior to cleaning all floors, all severe spots and stains must be removed to present a uniform appearance after cleaning. The Contractor is responsible for removing furniture prior to cleaning and replacing furniture to the original location after cleaning and carpeting has dried.

Rugs/Mats, Carpets, and Upholstery After vacuuming, all rugs/mats and carpets must be free from dust balls, dirt and other debris. All areas not reached by vacuum must be hand cleaned using appropriate cleaning equipment. Soft upholstery must be free of all lint, dust and other debris. Fabric or nap must not be damaged by cleaning procedure.

Dusting Dusting residue must not be moved from spot to spot but removed directly from the area in which it lies by the most effective means appropriate; treated dusting cloths, hand duster or vacuum tools. There must be no dust streaks remaining on any surface, including corners, ledges, shelves, molding, etc. There must be no oils, spots, smudges, or residue from dusting aids on dusted surfaces.

Damp Wiping This task consists of using a clean, damp cloth or sponge to remove all dirt spots, streaks from walls, glass or other specified surfaces, and then drying to provide a polished appearance.

Furniture Upkeep Desks, files, tables, cabinets, glass in main offices, etc., must be kept free of fingerprints, stains, smudges, etc. Chrome legs and edgings must be cleaned free of marks and polished to a bright appearance. Water fountains must be disinfected with germicidal disinfectant cleaner; the chrome, stainless steel and cabinets polished to a clean, bright appearance.

Proposer Response:

☐ Yes ☐ No

If you have any exceptions or checked no, please explain:

1.3.29 Questionnaires/Surveys

The Contractor shall issue monthly building service questionnaires/surveys to the Westwood Community School District staff regarding the quality of custodial services provided. Prior approval of the questionnaire/survey must be given by the Westwood Community School District before distribution. The results of such a questionnaire/survey must be given to the Maintenance Supervisor.

Proposer Response:

☐ Yes ☐ No

1.4 Statewide Cooperative Contract

Westwood Community School District is working with the Michigan Association of Counties CoPro+ program on this solicitation. If your proposal meets the minimum qualifications, is responsive and responsible and offers competitive pricing you may be considered and approached to extend a term agreement and pricing to other public entities within the county, the region, and the state, in accordance with Michigan Compiled Laws 124.504. This process is called “piggybacking”; it offers tremendous value to public ordering entities regarding the cost and time to manage an end-to-end purchasing event. This process also offers exceptional value to selected vendors in terms of their company’s resources and time to respond to multiple solicitations from various public entities who have a similar need for their products or services.

All pricing submitted to Westwood Community School District and its participating entities must include a 2% administrative fee to be remitted to CoPro+ by the Contractor on a quarterly basis. Administrative fees will be paid against actual sales volume for each quarter. It is the Contractor’s responsibility to keep all pricing up to date and on file with Westwood Community School District/CoPro+. All price changes must be presented to Westwood Community School District /CoPro+ for acceptance, using the same format as was accepted in the original contract.

Proposer Response:

☐ Yes ☐ No

Proposer Response:

☐ Yes ☐ No

1.5.2 Competition Promoted

The name of a model, manufacturer or brand in Westwood Schools bid documents shall not be considered as exclusive of other brands unless "NO SUBSTITUTE" is stated in the item description. Proposers may offer a variety of brands and models, as it is the intent of Westwood Schools to provide a multitude of options to eligible agencies. Westwood Schools expects all supplies, materials, equipment or products bid to meet or exceed the specifications set forth in this RFP. Further, it is Westwood Schools’ intent that this RFP permit competition. Accordingly, the use of any patent, proprietary name or manufacturer's name is for demonstrative purposes only and is not intended to curtail competition. Whenever any supplies, materials, equipment or products requested in this RFP are specified by patent, proprietary name or by the name of the manufacturer, unless stated differently, such specification shall be considered as if followed by the words "or comparable equivalent," whether or not such words appear. Westwood Schools, in its sole and absolute discretion, must have the right to determine if the proposed equivalent products/brands submitted by Proposer meet the specifications contained in this RFP and possess equivalent and/or better qualities. It is the Proposer's responsibility to notify Westwood Schools in writing if any specifications or suggested comparable equivalent products/brands require clarification by Westwood Schools prior to the due date for bids.

All products furnished must be in conformity with the participating agency requirements and specifications and will be subject to inspection and acceptance by the individual customers at delivery. The right is reserved to reject and return at the risk and expense of the vendor.

1.6.2 Primary Account Representative

Contractor shall identify their company standards of communication as they relate to contract performance, issue management, and change management. An issue is an identified event that, if not addressed, may affect schedule, scope, service, delivery, quality, or budget. A change is identified as a change in corporate leadership, structure, merger or acquisition.

1.7 Customer Service

It is preferred that the Vendor have an accessible customer service department with an individual specifically assigned to Westwood Schools. Customer inquiries should be responded to within twenty four (24) hours or two (2) business days unless it is an emergency issue. Describe your company’s Customer Service Department (hours of operation, number and location of service centers, regular and emergency response times, etc.).

1.8 Purchase Orders

Requests for quotes will be initiated by participating agencies as specific needs arise. Participating agencies will issue individual detailed specifications to the pre-qualified vendor pool along with specific response information required, deliverables, and any special terms and conditions. The vendors will respond directly to the requesting agency within the timeframe specified in the request for quote. The participating agency will evaluate the responses and determine the vendor that will be awarded a purchase order (PO). Resulting orders are to be shipped and billed directly to these institutions.

☐ Yes ☐ No

1.9 Delivery and Acceptance

Proposer must address the following items and costs in their proposal and other items/costs that they are aware of that may not have been requested in this bid.

· All pricing must reflect net 30 payment terms.

· Ordering/customer service capabilities and procedures.

· Policies and procedures for an organization accepting product/service.

1.10 Management and Staff

Proposer must address the following items in their proposal.

· Project Management of the contract.

· Staffing and responsibilities.

· Process and procedures to keep safe and secure facilities when delivering products/services.

· Background checks process, depending on the facility ordering the product/services a more restrictive background check may be required.

1.11 Pricing Schedule

Proposers will provide pricing information on the price sheet (Attachment C) that will be utilized when evaluating price competitiveness.

1.11.1 Bid Pricing

Proposers have the option to provide high-volume pricing. Proposers who offer high-volume pricing may be evaluated more favorably than those who do not. Proposers should specify this discount option within their cost proposal and at what level.

1.11.2 Tax Excluded from Price

(a) Sales Tax: Westwood and local units of government are exempt from sales tax for direct purchases. The Proposer's prices must not include sales tax.

(b) Federal Excise Tax: Westwood may be exempt from Federal Excise Tax, or the taxes may be reimbursable, if articles purchased under any resulting Contract are used for Westwood's exclusive use. Certificates showing exclusive use for the purposes of substantiating a tax-free, or tax-reimbursable sale will be sent upon request. If a sale is tax exempt or tax reimbursable under the Internal Revenue Code, the Proposer's prices must not include the Federal Excise Tax.

Include any comments regarding pricing, discounts being offered, and information on other cooperative contracts held by respondent.

1.12 Price Assurance

The awarded vendor agrees to provide pricing to Westwood and its participating entities that are the lowest pricing available, and the pricing must remain so throughout the duration of the contract. The awarded vendor agrees to promptly lower the cost of any product purchased through Westwood following a reduction in the manufacturer or publisher's direct cost. If respondent has existing cooperative contracts in place, Westwood requests equal or better than pricing to be submitted.

All pricing submitted to Westwood must include a 2% administrative/remittance fee to be remitted to CoPro+ by the awarded vendor. It is the awarded vendor’s responsibility to keep all product listings up to date and on file with Westwood/CoPro+.

☐ Yes ☐ No

If “NO” was answered on any item in this RFP, please explain:

1.13 Pricing Terms

Respondents will provide pricing information on the price sheet (Attachment C) that will be utilized when evaluating price competitiveness.

1.13.1 Price Guarantee

Price Stability Guarantee - For the first twelve months of the Agreement, the vendor must guarantee to provide the services at the proposed rates. The vendor can propose price increases or decreases after the above stated time period.

1.13.2 Bid Pricing

Bid pricing must reflect Net 30 payment terms.

Please respond to both sections. If offering a net discount, please state so in this response box.

SECTION 2.0 – PROPOSER INFORMATION AND ACCEPTANCE

1. The undersigned declares that the bid documents, including, without limitation, any RFP Addenda and Exhibits have been read.

The undersigned is authorized, offers, and agrees to furnish the articles and/or services specified in accordance with the Specifications, Terms & Conditions of the bid documents of this RFP.

2. The undersigned has reviewed the bid documents and fully understands the requirements in this bid and that each proposer who is awarded a contract must be, in fact, a prime Contractor, not a subcontractor, and agrees that its bid, if accepted by Westwood, will be the basis for the Proposer to enter into a contract with Westwood in accordance with the intent of the bid documents.

3. The undersigned acknowledges receipt and acceptance of all addenda.

4. The undersigned agrees to the following terms, conditions, certifications, and requirements listed in Section 2.3:

· Contractor’s Employment Eligibility

· Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

· Certification Regarding Nondiscrimination Under Federally and State Assisted Programs

· Assurance Regarding Access to Records and Financial Statements

· Iran Economic Sanctions Act

· Certificate of Independent Price Determination

· Clean Air and Water Certificate

· Certifications/Disclosure Requirements Related to Lobbying

· U.S. Department of Energy Assurance of Compliance Non-Discrimination in Federally Assisted Programs

5. The undersigned acknowledges that proposer will be in good standing in the State of Michigan, with all the necessary licenses, permits, certifications, approvals, and authorizations necessary to perform all obligations in connection with this RFP and associated bid documents.

6. It is the responsibility of each proposer to be familiar with all of the specifications, terms and conditions and, if applicable, the site conditions. By the submission of a bid, the proposer certifies that if awarded a contract they will make no claim against Westwood based upon ignorance of conditions or misunderstanding of the specifications.

7. Patent indemnity: Vendors who do business with the Westwood must hold Westwood, its officers, agents and employees, harmless from liability of a nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract or purchase order.

8. Insurance certificates are not required at the time of submission. However, if awarded, the Contractor agrees to meet the minimum insurance requirements posted in the terms and conditions. This documentation must be provided to Westwood, prior to award, and must include an insurance certificate and additional insured certificate, naming Westwood, which meets the minimum insurance requirements, as stated in the terms and conditions.

Official Name of Proposer:

Street Address:

City:

State:

Zip Code:

Website:

Primary Contact Name:

Primary Contact Phone Number:

Primary Contact Email Address:

Dun & Bradstreet (D&B) Number (if applicable):

Has your company been debarred by the Federal and/or State Government? ☐ Yes ☐ No If yes, has it been lifted and if so, when?

Have you ever been in bankruptcy or in reorganization proceedings?

Brief history of your company, including the year it was established:

Signature:

Name and Title of Signer:

Date:

2.2 References

Provide a minimum of three (3) customer references for product and/or services of similar scope dating within the past three (3) years. Please identify any experience relevant to the services you propose to provide through this RFP within the Description of Services:

REFERENCE 1

Entity Name:

Contact Name:

Title:

City:

State:

Phone Number:

Years Serviced:

Description of Services:

Annual Volume:

REFERENCE 2

Entity Name:

Contact Name:

Title:

City:

State:

Phone Number:

Years Serviced:

Description of Services:

Annual Volume:

REFERENCE 3

Entity Name:

Contact Name:

Title:

City:

State:

Phone Number:

Years Serviced:

Description of Services:

Annual Volume:

2.3 Assurances and Certifications

CONTRACTOR’S EMPLOYMENT ELIGIBILITY

By entering the contract, Contractor warrants compliance with ARS subsection 41-4401, ARS subsection 23-214, the Federal Immigration and Nationality Act (FINA), and all other federal immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statutes of the states it will operate this contract in.

Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws. Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they 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.

The vendor complies and maintains compliance with FINA, ARS 41-4401 and 23-214 which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.

Contractor must comply with governing board policy of the Westwood Participating entities in which work is being performed.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion The prospective contractor certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded for from participating in this transaction by any Federal department of agency. Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective contractor must attach an explanation to this proposal.

Certification Regarding Nondiscrimination Under Federally and State Assisted Programs The applicant herby agrees that it will comply with all federal and Michigan laws and regulations prohibiting discrimination and, in accordance therewith, no person, on the basis of race, color, religion, national origin or ancestry, age, sex, marital status or handicap, shall be discriminated against, excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in any program or activity for which it is responsible or for which it receives financial assistance from the U.S. Department of Education or the MDE.

Assurance Regarding Access to Records and Financial Statements The applicant hereby assures that it will provide the pass-through entity, i.e., the Westwood Community School District, and auditors with access to the records and financial statements as necessary for the pass-through entity to comply with 2 CFR, Part 200, Subpart F and Compliance Supplement for the U.S. Department of Education.

Iran Economic Sanctions Act The prospective contractor certifies that its organization, by submission of this proposal, is not an Iran Linked Business. Please refer to the “Iran Economic Sanction Act” Public Act 517 for clarifications or questions. Westwood as a Michigan public entity is required to follow Public Act 517 of 2012.

Vendor Signature:

Date:

Notary

State of _____________________________________ County of ____________________________________

Sworn to and subscribed before me, a notary public in and for the above state and county, on this ________ day of ___________________________, 20 ______.

Notary Public _________________________________

My commission expires:

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

(A) By submission of this offer, the offeror certifies each party thereto certifies as to its own organization, that in connection with this procurement:

(1) The prices in this offer have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting completion, as to any matter relating to such prices with any other offeror or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the offeror and will not knowingly be disclosed by the offeror prior to bid opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other offeror or to any competitor; and

(3) No attempt has been made or will be made by the offeror to induce any person or firm to submit or not to submit an offer for the purpose of restricting competition.

(B) Each person signing this offer on behalf of the manufacturer or processor certifies that:

(1) He or she is the person in the offeror’s organization responsible within the organization for the decision as to the prices being offered herein and has not participated, and will not participate, in any action contrary to (A)(1) through (A)(3) above; or

(2) He or she is not the person in other offeror’s organization responsible within the organization for the decision as to the prices being offered herein, but that he or she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated and will not participate, in any action contrary to (A)(1) through (A)(3) above, and as their agent does hereby so certify; and he or she has not participated, and will not participate, in any action contrary to (A)(1) through (A)(3) above.

To the best of my knowledge, this manufacturer or processor, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

CERTIFICATIONS/DISCLOSURE REQUIREMENTS RELATED TO LOBBYING

Section 319 of Public Law 101-121 (31 U.S.C.), signed into law on October 23, 1989, and imposes new prohibitions and requirements for disclosure and certification related to lobbying on recipients of Federal contracts, grants, cooperative agreements, and loans. Certain provisions of the law also apply to Federal commitments for loan guarantees and insurance; however, it provides exemptions for Indian tribes and tribal organizations.

Effective December 23, 1989, current and prospective recipients (and their subtier contractors and/or subgrantees) will be prohibited from using Federal funds, other than profits from a Federal contract, for lobbying Congress and any Federal agency in connection with the award of a particular contract, grant, cooperative agreement, or loan. In addition, for each award action in excess of $100,000 (or $150,000 for loans) on or after December 23, 1989, the law requires recipients and their subtier contractors and/or subgrantees to: (1) certify that they have neither used nor will use any appropriated funds for payment to lobbyists; (2) disclose the name, address, payment details, and purpose of any agreements with lobbyists whom recipients or their subtier contractors or subgrantees will pay with profits or non-appropriated funds on or after December 23, 1989; and (3) file quarterly updates about the use of lobbyists if material changes occur in their use. The law establishes civil penalties for noncompliance. If you are a current recipient of funding or have an application, proposal, or bid pending as of December 23, 1989, the law will have the following immediate consequences for you:

You are prohibited from using appropriated funds (other than profits from Federal contracts) on or after December 23, 1989, for lobbying Congress and any Federal agency in connection with a particular contract, grant, cooperative agreement or loan; You are required to execute the attached certification at the time of submission of an application or before any action in excess of $100,000 is awarded; and You will be required to complete the lobbying disclosure form if the disclosure requirements apply to you.

Regulations implementing Section 319 of Public Law 101-121 have been published an Interim Final Rule by the Office of Management and Budget as Part III of the February 26, 1990, Federal Register (pages 6736-6746).

CERTIFICATION REGARDING LOBBYING CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of any Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement;

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

SECTION 3.0 – BIDDING, EVALUATION, SELECTION & AWARD PROCESS

This section contains a description of activities as well as instructions to proposers on how to prepare and submit their proposal:

3.1 Westwood Community School District Responsibility

Westwood is not responsible for representations made by any of its officers or employees prior to the execution of the Master Agreement unless such understanding or representation is included in the Master Agreement.

3.2 Truth and Accuracy of Representations

False, misleading, incomplete, or deceptively unresponsive statements in connection with a proposal shall be sufficient cause for rejection of the proposal. The evaluation and determination in this area shall be at Westwood Community School District’s Superintendent/Purchasing agent designee’s sole judgment and his/her judgment shall be final.

3.3 Proposers Questions

Proposers may submit written questions regarding this RFP by e-mail to the…