RFQ 24_565 Athletic Trainer Services.pdf

5/4/23

Vendor Services Department 1701 Mountain Industrial Boulevard Stone Mountain, Georgia 30083

REQUEST FOR QUALIFICATIONS (RFQ) 24-565

Athletic Trainer Services

Schedule of Events

EVENT DATE(S) TIME LOCATION

Solicitation Posts March 7, 2024 http://dekalbschoolsga.ionwave.net

Mandatory Pre-Proposal Conference (if applicable)

March 19, 2024 11:00 AM Via Microsoft Teams (registration required)

Mandatory Site Visit (if applicable)

NA NA NA

IonWave Demo Virtual Session- (Optional)

March 19, 2024 11:00 AM http://dekalbschoolsga.ionwave.net

Deadline to Submit Questions

March 20, 2024 12:00 PM http://dekalbschoolsga.ionwave.net

Q & A Deadline Response

March 22, 2024 4:30 PM http://dekalbschoolsga.ionwave.net

Submission Deadline March 26, 2024 2:00 PM http://dekalbschoolsga.ionwave.net

Virtual Public Proposal Acknowledgement

March 26, 2024 3:00 PM Via Microsoft Teams (registration required)

SUBMISSIONS MUST BE RECEIVED ELECTRONICALLY VIA https://dekalbschoolsga.ionwave.net

DeKalb County School District Solicitation Contact Person:

Fred Christopher, Procurement Manager III, Non-Capital

(678) 676- 0217 and/or email at solicitationquestions@dekalbschoolsga.org http://dekalbschoolsga.ionwave.net/ http://dekalbschoolsga.ionwave.net/ http://dekalbschoolsga.ionwave.net/ http://dekalbschoolsga.ionwave.net/ http://dekalbschoolsga.ionwave.net/ https://dekalbschoolsga.ionwave.net/ mailto:solicitationquestions@dekalbschoolsga.org

RFQ 24-565 ATHLETIC TRAINER SERVICES PAGE 2

1701 MOUNTAIN INDUSTRIAL BLVD, STONE MOUNTAIN, GEORGIA 30083

https://dekalbschoolsga.ionwave.net/Login.aspx

REQUEST FOR QUALIFICATIONS

RFQ 24-565

Athletic Trainer Services

THE SCHOOL CANNOT LIVE APART FROM THE COMMUNITY

RFQ 24-565 ATHLETIC TRAINER SERVICES PAGE 3

TABLE OF CONTENTS

Title Page…………………………………………………………………………………2 Table of Contents………………………………………………………………………..3-4 Submittal Terms………………………………………………………………………….5-7 Attachments………………………………………………………………………..........30-61

PART I – BACKGROUND AND INFORMATION

A. Objectives B. General Information C. Procurement Process D. Addenda E. RFQ Contact Persons F. Prohibited Contacts G. Virtual Session………………………………………………………………………….. 9 H. Mandatory Virtual Pre-Proposal Conference I. Proposal Submission Deadline………………………………………………………..10 J. Virtual Public Acknowledgement.……………………………………………………..10 K. Questions and Answers

PART II – GENERAL REQUIREMENTS

A. Offeror Performance B. News Release C. Non-Discrimination D. Drug Free Workplace E. Smoke Free Workplace F. Costs Incurred G. Insurance H. Indemnification I. Illegal Immigration Reform and Enforcement Act of 2011 J. Interviews K. Contract Terms L. Permits and Applicable Laws M. Infringement N. Ownership Rights O. Non-Collusion P. Conflict of Interest Q. Financial Stability R. No Obligation/No Contract Guaranteed S. Confidentiality and Non-Disclosure T. Business License U. Protest Process……………………………………………………………………19

RFQ 24-565 ATHLETIC TRAINER SERVICES PAGE 4

TABLE OF CONTENTS (CONT’D)

PART III – SCOPE OF WORK

A. Purpose / Objective / Project Overview B. Scope of Work……………………….………………………..……………

C. Background Checks……………………………………………………………23 D. References

E. Brochures, Catalogs, Manuals, Websites, Literature F. Added Value ..…………………………………………….…………… G. Evaluation Criteria H. Transition Plan ........................................................ ………………………..26 I. Required Content/Document Checklist…………………………………..…..27

ATTACHMENTS

Attachment A – Cost Proposal Form.……………………………………………28 Attachment B – GHSA Coveres Sports……………………………………….…29 Attachment C – DCSD HS Locations Attachment D – Non-Collusion Attachment E – Conflict of Interest Attachment F – Critical Paragraphs……………...………………………..….….33 Attachment G – Offeror’s Client Reference Form………………….…………...34 Attachment H – Statement of Confidentiality...………………………….……….35 Attachment I – Suspension and Debarment…………………………………..…36 Attachment J – Immigration & Security Certification…………………………….37 Attachment K – Sample Service Agreement……………………………………..43 Attachment L – Signature Page………………………………………………… Final Page…………………………………………………………………………….62

RFQ 24-565 ATHLETIC TRAINER SERVICES PAGE 5

DeKalb County School District (“DCSD”) extends this offer to submit a proposal for the possible purchase or lease of goods and/or services conforming to the following designated specifications, terms, and conditions. This solicitation will require DCSD Board of Education approval.

Format and Submission of Proposals

Submittal responses to this solicitation will be received electronically on the DeKalb County School District website at https://dekalbschoolsga.ionwave.net/Login.aspx.

The format requirements for RFQ responses are designed to ensure uniformity in the responses, provide the information necessary to understand each offeror’s proposal, and facilitate an efficient and comprehensive evaluation of all responses. Proposals must comply with the specifications and detailed instructions stated in this RFQ document, be signed by the certifying company official, and be presented to the DCSD Purchasing Department according to the detailed instructions stated in this document.

• RFQ responses must be submitted electronically via https://dekalbschoolsga.ionwave.net/Login.aspx.

• Proposals must be presented in a PDF format. All attachments must be identified properly for easy recognition and association.

• Each page of the response must be numbered.

• Each proposal must contain a detailed Table of Contents and must be organized in the same order as the requirements are outlined in this RFQ document. Each separate bullet point must be addressed individually. A response that does not adhere to a “point-by-point” format may be disqualified.

• Responses shall be organized simply and economically. Emphasis must be placed on completeness and clarity. Proposals that do not include all the required information may be disqualified.

Approval by the DeKalb County Board of Education Official approval by the DeKalb County Board of Education is required for this procurement. No contract shall be construed to be formed without the advance official approval of the DeKalb County Board of Education. The successful offeror will be notified after DeKalb County Board of Education approval.

Funding Provisions No award or contract will be made if funding is not approved by the DeKalb County Board of Education.

Compliance With Requirements Offeror must indicate below whether or not their proposal is in complete compliance with the stated requirements.

If there are any deviations from these requirements, offeror must indicate in writing what the exact deviations are and what actual services will be provided. Attach and label additional sheets if necessary.

___ Proposal is in complete compliance with proposal requirements.

___ Proposal deviates from stated requirements as follows:

RFQ 24-565 ATHLETIC TRAINER SERVICES PAGE 6

Fiscal Year Funding Implications The fiscal year for the DeKalb County School District (“DCSD”) begins July 1 and ends June 30.

Payment to Successful Vendor(s) Payment for goods and services will be made by electronic funds transfer (EFT) or ACH Paymode.

Vendor(s)/Supplier(s) doing business with DCSD are required to provide payment information when registering as a DCSD vendor at: https://www.dekalbschoolsga.org/purchasing/.

Rights Reserved DCSD reserves the right to accept or reject any and/or all parts of responsive proposals received and/or to reject all proposals submitted. DCSD reserves the right to award any resulting contract in the manner that is in the best interest of and most advantageous to DCSD. DCSD reserves the right to waive any technicalities or minor irregularities in responses received and to award the contract in the most beneficial manner for DCSD. The decision of DCSD shall be final. DCSD reserves the right to request and negotiate a “best and final” response from offerors.

Taxes Purchases made by DCSD are not subject to federal, state, or local sales tax. A Sales Tax Exemption Certificate will be furnished upon request.

No Obligation/No Order(s) Guaranteed/Cost to Propose This document is a request for qualifications with no obligation for acquisition on the part of DCSD as a result of any qualifications submission received. The acquisition of any program, product, service or element is subject to the approval and funding of the DeKalb County Board of Education and no obligation or commitment is incurred by the DeKalb County Board of Education from the receipt of any qualifications submissions. There is no guarantee of any respondent receiving an order as a result of this request for qualifications. Any/all costs incurred, including but not limited to sample submission (if required) by the respondent in preparation and submission of this request for qualifications are the sole responsibility of the respondent. Expenses incurred by the respondent will not be reimbursed by DCSD or become a reason for placing an order with the respondent.

Conditional Proposals Qualifications submittals that are conditional and/or in any way qualify or vary the terms of these instructions, conditions, and scope shall be considered non-responsive and disqualified.

Offeror Failure In the event services to be furnished by the successful offeror should for any reason fail to conform to the scope of work contained herein, DCSD reserves the right to reject the services and further reserves the right to terminate the contract.

Failure of the successful offeror to perform contracted services may also result in the removal of that offeror from doing business with DCSD for a period of not less than one year.

Georgia Open Records Act All proposals submitted in response to DCSD solicitations may be subject to the Georgia Open Records Act, which permits any member of the public to inspect and/or copy documents prepared and maintained or received in the course of the operation of the public office or agency.

No Assignment of Award The successful offeror may not assign the award or contract to or subcontract with another party without the express written permission of DCSD.

The Laws of the State of Georgia This RFQ and qualifications submissions are subject to the laws of the State of Georgia.

https://www.dekalbschoolsga.org/purchasing/

RFQ 24-565 ATHLETIC TRAINER SERVICES PAGE 7

2 CFR 200.322(a) § 200.322 Domestic preferences for procurements.

(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, or other manufactured products).

Additional Terms In the event an award is made to an offeror, the resulting contract shall not depart from this document unless agreed to in writing by DCSD and the successful offeror. DCSD shall not be bound by additional terms and conditions and/or extraneous language added to this document by offerors.

ALL SOLICITATIONS ISSUED BY DCSD ARE ADVERTISED IN THE LEGAL SECTION OF THE CHAMPION NEWSPAPER, (404) 373-7779, POSTED ON THE DCSD WEBSITE, AND POSTED IN THE TEAM GEORGIA MARKETPLACE’S GEORGIA PROCUREMENT REGISTRY. Offerors are solely responsible to review and make themselves aware of DCSD solicitations posted on the following website:

https://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ecfr.gov%2Fcurrent%2Ftitle-2%2Fsection-200.322&data=04%7C01%7Cjoyce_d_foster%40dekalbschoolsga.org%7Cdc439dfbdf764041940f08da0b6feb90%7C312b238ac08341c1a18b736b02696f79%7C0%7C0%7C637834872559764060%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=Tc8CPb8W8vH6M5t9QPl%2FqZWxrnEwYqJGNwJK%2Bq%2B0zkk%3D&reserved=0 https://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ecfr.gov%2Fcurrent%2Ftitle-2%2Fsection-200.322&data=04%7C01%7Cjoyce_d_foster%40dekalbschoolsga.org%7Cdc439dfbdf764041940f08da0b6feb90%7C312b238ac08341c1a18b736b02696f79%7C0%7C0%7C637834872559764060%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=Tc8CPb8W8vH6M5t9QPl%2FqZWxrnEwYqJGNwJK%2Bq%2B0zkk%3D&reserved=0

RFQ 24-565 ATHLETIC TRAINER SERVICES PAGE 8

PART I

BACKGROUND AND INFORMATION

A. Objectives

The DeKalb County School District (DCSD) is seeking proposals from qualified offerors with professional qualifications, technical competence, and specialized experience to provide athletic trainer services as outlined in the scope of work in Part III of this RFQ.

Awarded offeror shall provide services in accordance with the specifications, requirements and terms and conditions stated herein. Services shall include all labor, materials, tools, specialized equipment, supplies, trained personnel, insurance, travel, per diem, direct and indirect administrative costs, overhead, tolls, parking, fuel, lodging, all other cost and charges, and all things and services necessary to provide athletic trainer services, in accordance with the requirements of this RFQ. There shall be no add-on charges of any kind. DCSD reserves the right to make multiple awards.

B. General Information

DCSD is a metropolitan Atlanta public school system organized and existing under the Constitution and laws of the State of Georgia. DCSD is located in the fourth largest county in Georgia. DeKalb County is one of the most culturally diverse counties in the nation. DCSD has a student enrollment of approximately 93,000 students in pre-kindergarten through grade 12. With 139 schools and centers, DCSD educates the third largest pre-kindergarten through grade 12 student population in the State of Georgia. DCSD is the second largest employer in DeKalb County with approximately 14,000 employees.

DCSD is dedicated to giving every student the best possible education through an intensive core curriculum and specialized, challenging instructional and career programs. DCSD is striving to become the premier K- 12 school system of choice and desires to significantly improve leadership, teaching, and student learning to fulfill its mission as an organization for public education.

DCSD includes approximately:

• 77 Elementary Schools

• 19 Middle Schools

• 22 High Schools (is this correct)

• 8 Start-up Charter Schools

• 12 Specialized Learning Centers

• 6 Administrative Centers, and

• 5 Athletic Stadiums

DCSD’s wide-area network connects instruction and administration sites to deliver technology and learning tools to every child. The main administrative offices are located at 1701 Mountain Industrial Boulevard, Stone Mountain, Georgia 30083. DCSD is governed by a seven-member Board of Education.

C. Procurement Process

The procurement will be on a formally advertised basis. Proposals must be responsible and responsive to all aspects of this RFQ.

RFQ 24-565 ATHLETIC TRAINER SERVICES PAGE 9

D. Addenda

It is the responsibility of offerors to frequently check for any addenda, questions, and answers posted on the Purchasing Bulletin Board on the DCSD website. Failure on the part of offerors to make themselves aware of and comply with addenda requirements will not relieve them of this obligation. All posted addenda must be printed, signed by the offeror, and included in the offeror’s RFQ submission. Click on the following link to the Purchasing Bulletin Board:

E. RFQ Contact Person

The assigned contact person for offerors is Fred Christopher, Procurement Manager III, Non-Capital, who can be reached via phone at 678.676.0217 or email at solicationquestions@dekalbschoolsga.org.

F. Prohibited Contact(S) Except with the consent of the RFQ contact persons, all offerors, including any persons affiliated with or in any way related to the offeror, are strictly prohibited from contacting DeKalb County Board of Education members and DCSD employees or consultants on any matter having to do in any aspect with this RFQ, other than as provided herein. Any and all contacts with such persons associated with DCSD shall be in writing, in appropriate circumstances or cases, as directed by the contact person. Furthermore, no employee, officer, or agent of the DeKalb County Board of Education or DCSD may participate in the selection, award or administration of a contract if he or she has a real or apparent conflict of interest.

Board Member Communication With Prospective Vendors

Vendors shall not contact Board members individually for the purpose of soliciting a purchase or contract between the time a request for proposal is formally released and a recommendation is made by the administration to the Board. If a vendor violates this prohibition during this timeframe, consideration for the vendor for award shall be invalidated. Board members shall be notified of possible violations and actions taken.

G. Virtual Session

The DeKalb County School District Vendor Services department is hosting a virtual session on how to submit an electronic bid via IonWave. The virtual session will be held through Microsoft Teams on Tuesday, March 19, 2024 at 11:00 AM.

Those who would like to attend the virtual session, please register no later than Monday, March 18, 2024, by 4:00PM EST, by sending an email to solicitationquestions@dekalbschoolsga.org.

Please enter “Virtual Session - RFQ 24-565 Athletic Trainer Services ” in the subject line of your email.

An invitation will be sent via Microsoft Teams to those participants no later than Tuesday, March 19, 2024, by

10:00 AM EST.

H. Mandatory Virtual Pre-Proposal Conference All prospective offerors are invited to attend the mandatory Virtual Pre-Proposal Conference. The pre-proposal conference will be held on Tuesday, March 19, 2024, at 11:00 AM EST via Microsoft Teams.

Offerors must pre-register to attend. When registering your attendance, please enter “Pre-Proposal Conference - RFQ 24-565 Athletic Trainer Services” in the subject line of your email.

Submit to solicitationquestions@dekalbschoolsga.org by 4:00 PM EST, Monday, March 18, 2024.

The following information must be included in your request:

https://dekalbschoolsga.ionwave.net/Login.aspx mailto:solicationquestions@dekalbschoolsga.org about:blank mailto:solicitationquestions@dekalbschoolsga.org

RFQ 24-565 ATHLETIC TRAINER SERVICES PAGE 10

• Individual Name and Title

• Company Name

• Telephone Number

• Email Address

If more than one individual from your company is attending, please submit information on all attendees. The sign-in sheet for the pre-proposal conference will be compiled using this information and will be posted to the DCSD website within two (2) business days after the pre-proposal meeting. A link will be sent to all registrants to attend the virtual conference no later than 10:00 AM EST, Tuesday, March 19, 2024.

I. Proposal Submission Deadline Submittals responses to this solicitation will be received electronically on the DeKalb County School District website at https://dekalbschoolsga.ionwave.net/Login.aspx.

All potential offerors must register as a vendor at https://dekalbschoolsga.ionwave.net/Login.aspx.

Proposals in response to this RFQ must be received by the DCSD Vendor Services Procurement via IonWave no later than 2:00PM, Tuesday, March 26, 2024. Proposals received after the stated deadline will not be considered.

J. Virtual Public Acknowledgment

The public acknowledgment will be held virtually through Microsoft Teams on Tuesday, March 26, 2024, at

3:00PM EST.

Those who would like to attend the acknowledgement, please register no later than Monday, March 26, 2024, by 4:00PM EST, by sending an email to solicitationquestions@dekalbschoolsga.org.

Please enter “Public Acknowledgement - RFQ 24-565 Athletic Trainer Services” in the subject line of your email.

An invitation will be sent via Microsoft Teams to those participants no later than Tuesday, March 26, 2024, by

10:00 AM EST.

K. Questions And Answers

It is intended that this ITB be adequate for any bidder to respond to DCSD’s requirements. However, should bidders have questions, all questions shall be submitted electronically to:

https://dekalbschoolsga.ionwave.net/Login.aspx .

Questions submitted to any other mailbox, voice mail or e-mail address will not be considered for response. The deadline to submit questions is March 20, 2024, 12:00 Noon.

Questions received after the deadline will not be considered. All questions received by Noon, March 20, 2024, shall be answered in writing and both the questions and answers will be posted to the following website on or before Friday, March 22, 2024, 4:30 PM.

Responses to questions will not be posted on official DCSD holidays.

mailto:solicitationquestions@dekalbschoolsga.org

RFQ 24-565 ATHLETIC TRAINER SERVICES PAGE 11

PART II

GENERAL REQUIREMENTS

A. Offeror Performance

The successful offeror is required to perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of this RFQ document and any negotiated contract(s). Specifications contained herein and in the successful response will become contractual obligations, if an award ensues. Failure of the offeror to fully perform these obligations may result in cancellation of the award and contract.

DCSD will look to the offeror and his/her identified personnel to coordinate and deliver the services described in this RFQ.

B. News Release

Any news release or publicity pertaining to any phase of this project must be cleared through the DCSD Executive Director of Communications.

C. Non-Discrimination

DCSD does not discriminate on the basis of race, color, religion, sex, national origin, age, or disability in any of its employment practices, education programs, services or activities.

DCSD supports an open, fair, and impartial free-market system which maximizes competition and seeks to include all responsible businesses and to provide ample opportunities for business growth and development. Minority businesses are encouraged and given the opportunity to bid on various projects;

however, all responses will be evaluated on the same criteria. It is not the intention or desire of DCSD to restrict or impede competition, nor to increase the cost of the work.

D. Drug-Free Workplace

By submission of a response to this RFQ, the offeror certifies that he/she and his/her employees shall not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of controlled substance or drugs during the performance of the contract.

E. Smoke-Free Workplace

By submission of a response to this RFQ, the offeror certifies that he/she and his/her employees shall not use tobacco products on DCSD property at any time during the performance of this contract.

F. Costs Incurred

DCSD is not liable for any costs incurred by an offeror in preparing and/or submitting a response to this RFQ or for any interview if requested. Any and all costs incurred by the offeror in preparing and/or submitting a response to this RFQ and interviewing with DCSD (if requested) shall be the sole responsibility of the offeror and shall not be reimbursed by DCSD.

There is no guarantee of any offeror receiving an award as a result of submitting a response to this RFQ.

RFQ 24-565 ATHLETIC TRAINER SERVICES PAGE 12

G. Insurance Upload this documentation under the Response Attachment tab via IonWave titled “Certificate of Insurance.”

The DCSD Risk Manager sets insurance and indemnification requirements for each Solicitation.

Certificate of Insurance / Accord Form is required with solicitation submittal. Provision of Certificate of Insurance is a mandatory requirement. Proposals submitted with certificates of Insurance will be considered conditionally responsive to the insurance and indemnification requirement. Final award of this RFQ will be contingent upon receipt within six (6) business days of request for insurance documentation complete with the following requirements and fully acceptable to the DCSD Risk Manager. No work will commence / no purchases will be made without the written statement of approval of insurance coverage from the DCSD Risk Manager.

In the event the awarded offeror cannot produce insurance coverage acceptable to the Risk Manager within the time provided, DCSD reserves the right to award this solicitation to the first runner-up.

1) The successful Offeror shall procure and maintain throughout the term of this agreement a policy or policies of insurance providing coverage as set forth below that shall protect the offeror and the Indemnitees (as defined in Part II, Section I of this RFQ) from any claims for bodily injury, property damage, or personal injury which may arise out of offeror’s operations under this agreement. The foregoing policies shall be obtained from insurance companies approved to do business in the State of Georgia and companies acceptable to DCSD. Offeror shall procure the insurance policy(ies) at the offeror’s own expense and shall furnish to DCSD a certificate of insurance containing the following:

( a) Name and address of authorized agent;

( b) Name and address of insured;

( c) Name of insurance company;

( d) Description of coverage in standard terminology;

( e) Policy period;

( f) Policy Number;

( g) Limits of liability;

( h) Name and address of certificate holder;

( i) Acknowledgment to the DCSD of notice of expiration or cancellation;

( j) Signature of authorized agent;

( k) Telephone number of authorized agent; and

l) Details of policy exclusions applicable to this agreement in comments section of insurance certificate.

All certificates evidencing primary and excess layers shall be renewed and kept current and up to date on an annual basis.

( 2) Offeror is required to maintain the following insurance coverage during the term of this agreement:

( a) Workers Compensation Insurance in the amounts of the statutory limits established by the

General Assembly of the State of Georgia. Offeror shall have the ability to self-insure its required workers compensation coverage if offeror is an approved self-insurer in the State of Georgia.

RFQ 24-565 ATHLETIC TRAINER SERVICES PAGE 13

( b) Comprehensive General Liability Policy, or equivalent coverage, to include products and completed operations liability and contractual liability. The Comprehensive General Liability Policy shall have dollar limits sufficient to insure that there is no gap in coverage between this policy and any excess or Commercial Umbrella Policy described below.

( c) Comprehensive Auto Policy to include but not be limited to liability coverage on any owned, non-owned and hired vehicle used by offeror or offeror’s personnel in the performance of this agreement. The Comprehensive Automobile Policy shall have dollar limits sufficient to insure that there is no gap in coverage between this policy and the excess or Commercial Umbrella Policy required under this agreement.

( d) Commercial Umbrella or Excess Liability Policy, which must provide the same or broader coverage than those provided for in the above Comprehensive General Liability and Business Auto Policies. Policy limits for the Commercial Umbrella or Excess Liability Policy shall have an annual aggregate limit not less than $2,000,000.

( e) Under all coverage and certificates required hereunder, policies shall or be endorsed to include the following terms and conditions:

(i) All policies and coverage shall be on an “occurrence” not “cla ims made” basis.

(ii) The foregoing policies shall contain a provision that coverage afforded under the policies will not be canceled, or not renewed, allowed to lapse for any reason until at least sixty

(60) days prior written notice has been given to DCSD.

(iii) Shall waive all right of subrogation against Indemnitees (as defined in Part II, Section I of this RFQ) for losses arising out of this agreement.

(iv) A severability of interest or cross liability clause or endorsement applies to commercial general liability and excess liability policies.

(v) Certificates of Insurance showing such coverage to be in force shall be filed with DCSD prior to commencement or continuation of any work under this agreement.

(vi) All such coverage shall remain in full force and effect during the term and any renewal or extension thereof.

( f) Under coverage and certificates required under Sections 2(a), 2(b), (c), and (d) above, policies shall be endorsed to include the following terms and conditions:

(i) Minimum limits of $1,000,000 per occurrence $2,000,000 in the annual aggregate.

Primary limits of coverage in the amount of $1,000,000 per occurrence must be with insurers approved to conduct business in the State of Georgia. Excess or umbrella liability insurance may be placed with any insurer submitted by offeror, including captive or self-insured programs, with the prior written approval of DCSD.

(ii) Contractual liability coverage, specifically referencing this agreement and its

RFQ 24-565 ATHLETIC TRAINER SERVICES PAGE 14

Indemnity, applies to liability assumed by the named insured.

(iii) Shall include Indemnitees as additional insured.

(iv) Shall waive all right of subrogation against Indemnitees (as defined in Part II, Section I of this RFQ) for losses arising out of this agreement.

(v) A severability of interest or cross liability clause or endorsement applies to commercial general liability and excess liability policies.

(vi) Shall be primary and not excess to any other coverage provided by or available to the Indemnitees (as defined in Part II, Section H of this RFQ).

( g) Offeror shall require any and all subofferors performing work under this agreement to carry insurance of the types and with limits of liability as offeror shall deem appropriate and adequate for the work being performed. However, the obligations of the offeror to the Indemnitees assumed in Sections of Indemnification, and Insurance shall not be reduced or diminished by the standards set for the subofferors. Further, offeror agrees that their obligations to indemnify and insure the Indemnitees shall pertain to all losses arising out of the subofferor’s acts or negligence in the same manner and to the same extent as if committed by the offeror. Offeror shall obtain and make available for inspection by DCSD, current certificates of insurance evidencing insurance coverage by such subofferors.

H. Indemnification

1) The successful Offeror shall indemnify, defend, and hold harmless the DeKalb County School Board, the DeKalb County School District, DCSD, and their officials, officers, employees, agents, volunteers, and assigns (all of whom may collectively be referred to as "Indemnitees" throughout this RFQ), from any and all claims, demands, suits, actions, legal or administrative proceedings, losses, liabilities, costs, interest, and damages of every kind and description, including any attorneys’ fees and/or litigation and investigative expenses, for bodily injury, personal injury, (including but not limited to Offeror’s employees), or loss or destruction of property (including loss of use, damage or destruction of DCSD owned property) to the extent that any such claim or suit was caused by, arose out of, or contributed to, in whole or in part, by reason of any act, omission, professional error, fault, mistake, or negligence whether active, passive or imputed, of the Offeror its employees, agents, representatives, or their employees, agents, or representatives in connection with or incidental to Offeror’s performance of the agreed-upon services regardless of whether such liability, claim, damage, loss, cost or expense is caused in part by an Indemnitee.

2) The successful Offeror shall also indemnify, defend, and hold harmless the Indemnitees from any and all costs, expenses, claims, demands, rights, liabilities and causes of action inuring to Offeror from events over which the Indemnitees exercise no control, such as Acts of God, strikes or government restrictions.

Offeror's obligation to indemnify any Indemnitee shall survive the completion, expiration, or termination of Offeror’s agreed-upon services for any reason.

RFQ 24-565 ATHLETIC TRAINER SERVICES PAGE 15

I. Illegal Immigration Reform And Enforcement Act Of 2011 Upload this documentation under the Response Attachment tab via IonWave titled “IMMIGRATION

SECURITY DOCUMENTATION.”

The Illegal Immigration Reform and Enforcement Act of 2011 applies to and is a requirement for all DeKalb County School District solicitations for physical performance of services (i.e. public works contracts). The Illegal Immigration Reform and Enforcement Act of 2011 does not apply to solicitations for items, commodities and products.

Bidders must complete and/or have their subcontractors complete the following forms:

1) Immigration and Security Certification

2) Bidder E-Verify Affidavit

3) Contractor Affidavit (Contractor Only)

4) Subcontractor Affidavit (Subcontractor Only); and

5) Sub-Subcontractor Affidavit (Sub-Subcontractor Only)

The Immigration and Security Certification, the Bidder E-Verify Affidavit, the Contractor Affidavit, Subcontractor Affidavit and the Sub-Subcontractor Affidavit must be completed, notarized and submitted with your bid response.

I acknowledge the Illegal Immigration Reform and Enforcement Act of 2011 requirements for service providers and confirm by my signature below that the Immigration and Security Certification, the Contractor Affidavit, the Subcontractor Affidavit and the Sub-Subcontractor Affidavit are each completed, notarized and made a part of this solicitation response package. I also acknowledge that all items or services furnished to DCSD must comply with applicable federal and state immigration laws, and regulation.

______Please check here if the Illegal Immigration and Reform Act of 2011 does not apply to your solicitation, because it is one for items, commodities, or products. If this does not apply to any portion of the solicitation, then the bidder is not required to complete the Contractor Affidavit, the Subcontractor Affidavit and the Sub- Subcontractor Affidavit.

J. Interviews

DCSD reserves the right to require offerors to participate in one or more interviews with DCSD board members and/or staff. Offerors must be prepared to discuss the salient points of their proposal within two (2) normal working days of being asked to participate in interviews. There are to be no presentations, individually or collectively, without such invitation.

K. Contract Terms

In the event DCSD determines that outsourcing these services are in its best interest, with the approval of the DeKalb County Board of Education, the successful offeror will be notified in writing. A contract confirming firm fixed price and other terms shall be signed by the parties. Services are to begin on or about the May 2024. The initial contract duration shall be approximately one year from the date of execution.

The contract may/may not contain up to two (2) one (1) year renewal options contingent upon DCSD’s offer of such renewal, the successful offeror’s acceptance and the approval of the DeKalb County Board of Education to extend the contract. The contract is subject to the approval of the DeKalb County Board of Education and to fiscal year funding limitations. The contract price must be held firm for the entire term of the contract. DCSD reserves the right to terminate any resulting contract for convenience. In the event of contract termination by DCSD, the DCSD will be responsible only for those services and deliverables that have been received and accepted. Any cancellation for convenience by DCSD shall be effective three (3)

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business days after receipt of the Notice of Cancellation for convenience from DCSD by the offeror. Non-performance of contract terms shall give sufficient cause for DCSD to cancel the contract. Non-performance shall be construed to include, but is not limited to, failure of the offeror to deliver equipment or perform services in the time specified or in the manner required.

A contract is attached which includes all of the terms and conditions that the offeror must affirm and comply.

Refer to Attachment J, Standard Form Agreement for Non-Capital Professional Services. Please review DCSD’s attached contract terms and conditions prior to submitting a response to this RFQ. Offerors should plan on the contract terms and conditions attached to this RFQ being included in any award as a result of this RFQ. Therefore, all costs associated with complying with these requirements should be included in any pricing quoted by the offeror.

By submitting a proposal, offeror acknowledges its acceptance of the RFQ specifications and the contract terms and conditions without change except as otherwise expressly stated in the submitted proposal. If an offeror takes exception to a contract term or provision, the offeror must state the reason for the exception and state the specific contract language it proposes to include in place of the provision. Any exceptions to the contract must be submitted as an attachment to the offeror’s response. Proposed exceptions must not conflict with or attempt to preempt mandatory requirements specified in the RFQ.

L. Permits And Applicable Laws

Offerors shall at their own expense obtain all necessary permits, certifications, and licenses and shall comply with all applicable local, state, and federal laws, ordinances, rules, and regulations necessary to the full execution of the requirements stated herein. Offerors shall maintain all such permits, licenses, certifications, and compliances in a current status throughout the course of the contract. Offerors shall submit copies of permits, licenses, and certifications evidencing proof of the aforementioned immediately upon request of DCSD. Offerors shall be in compliance with registration with the Georgia Secretary of State’s office as applicable.

M. Infringement

Offeror shall fully indemnify Indemnitees against any claims of infringement of any patent, copyright, trade secret, trademark, or other intellectual property rights related to the offeror’s response to this RFQ or services performed upon contract award. Offeror’s obligation to indemnify any Indemnitee shall survive the completion, expiration, or termination of offeror’s agreed-upon services for any reason.

N. Ownership Rights

DCSD shall retain ownership rights to the contents of all documents, supporting literature, and data submitted by offerors to this RFQ.

O. Non-Collusion

Upload this documentation under the Response Attachment tab via IonWave titled “NON-

COLLUSION.”

Offerors shall fully certify that they, as individuals or as officials of a business entity, have not entered into any agreement, participated in collusion, or otherwise taken any action in restraint of free and competitive responses to this RFQ. Further, offerors guarantee that their response is not made in conjunction with or on behalf of another party and that they have not been directly or indirectly induced in any manner or taken any action to result in a restriction of trade or in an unfair advantage.

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P. Conflict Of Interest

Upload this documentation under the Response Attachment tab via IonWave titled “CONFLICT OF

INTEREST.”

Offeror shall use its best efforts to disclose with their proposal the name of any officer, director, or agent who also is a DCSD employee, agent, representative, contractor, immediate family member (spouse, child, sibling, or parent or the spouse of a child, sibling or parent) or DeKalb County Board of Education member. Offerors shall also disclose the name of any DCSD employee, agent, representative, contractor, immediate family member or board member who owns, directly or indirectly, an interest in five percent or more in the Offeror’s company or any of its branches. In the event the Offeror was aware of a conflict of interest prior to the award of the contract and did not disclose the conflict DCSD may, at its discretion, terminate the contract for default.

The Offeror further agrees that, if after award, a conflict of interest is discovered, an immediate and full disclosure in writing must be made to the DCSD Procurement Department which must include a description of the action which the Offeror has taken or proposes to take to avoid or mitigate such conflicts. If a conflict of interest is determined to exist, DCSD may, at its discretion, cancel the contract. Offerors shall certify that their response to this RFQ is impartial, at arms-length, and free of any conflict of interest at this time, unfair advantage, or personal benefit to any DCSD official.

Q. Financial Stability

Upload this documentation under the Response Attachment tab via IonWave titled “FINANCIAL

STATEMENTS.”

1. Offeror shall provide a copy of their company’s audited financial statements for the previous two (2) years – 2021 and 2022.

2. If your company is a publicly traded company, provide a copy of your company’s annual report for the previous two (2) years – 2021 and 2022.

3. List all civil and criminal proceedings your company has been the subject of, or named a party in, and provide the outcome of those proceedings. This list should include any lawsuits, administrative actions or litigation to which your company is currently a party or has been a party. Please explain the basis for all claims, your response to those claims and state whether a settlement was reached or a judgment entered.

4. State whether your company, or any affiliate currently or previously associated with your company, has ever filed a petition in bankruptcy, taken any actions with respect to insolvency, reorganization, receivership, moratoriums or assignment or the benefit of creditors, or otherwise sought relief from creditors.

5. State whether your company was the subject of any order, judgment or decree not subsequently reversed, suspended or vacated by any court permanently enjoining your company from engaging in any type of business practice.

R. No Obligation/No Contract Guaranteed This RFQ does not commit DCSD to contract with any offeror to this RFQ. There is no guarantee of any offeror receiving an award or contract as a result of submitting a response to this RFQ.

S. Confidentiality And Non-Disclosure Information made available to offerors by DCSD shall be used only for purposes related to responding to this RFQ and shall not be used for any other purpose without the express written permission of DCSD.

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Offerors to this RFQ unequivocally agree to assume responsibility for protecting and safeguarding the confidentiality of DCSD records that are not public information. Such information may include, but is not limited to student and human resource file contents.

T. Business License Upload this documentation under the Response Attachment tab via IonWave titled “BUSINESS

LICENSE”.

Offerors shall submit with their proposal, a copy of their valid company business license. If the offeror is a Georgia corporation, offeror shall submit a valid county or city business license. If the offeror is not a Georgia corporation, offeror shall submit a certificate of authority to transact business in the state of Georgia and a copy of their valid business license issued by their home jurisdiction. If offeror holds a professional certification which is licensed by the state of Georgia, offeror shall submit a copy of their valid professional license. Any license submitted in response to this requirement shall be maintained by the offeror for the duration of the contract.

U. Protest Process This section describes the mandatory administrative procedure whereby Offerors submitting sealed competitive bids/proposals (hereinafter referred to as “bidders”) to DCSD for proposals worth $100,000 or more may challenge the solicitation process, and whereby bidders/Offerors on sealed competitive bids directly related to Vendor Services for proposals worth $100,000 or more, may challenge contract awards.

1. Protests. A bidder may file a written protest challenging DCSD’s compliance with applicable procurement procedures subject to the bidder’s compliance with the provisions outlined below. Any such written protest will be resolved in accordance with these provisions:

a) appropriate identification of the solicitation;

b) a statement of reasons for the protest;

c) supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time (in which case the Offeror must proceed to file the protest during the filing period identified below but state the expected availability of the material); and the desired remedy.

2. Types of Challenges. Any bidder interested in and capable of responding to a competitive solicitation may file a protest with respect to the competitive solicitation process including, but not limited to, a challenge to specifications or any events or facts arising during the solicitation process. Any bidder submitting a timely bid/proposal in response to a competitive solicitation may file a protest with respect to DCSD’s intended or actual contract award including, but not limited to, events or facts arising during the evaluation and/or negotiation process.

3. Form of protest. At a minimum, the written protest must include the following:

a) the name and address of the protestor;

b) appropriate identification of the solicitation;

c) a statement of reasons for the protest;

d) supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time (in which case the Offeror must proceed to file the protest during the filing period identified below but state the expected availability of the material); and the desired remedy.

DCSD, at its discretion, may deem issues not raised in the initial protest as waived with prejudice by the protesting Offeror.

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4. Filing Protests. A protest is considered to be properly filed when it is in writing, signed by a company officer authorized to sign contracts on behalf of the Offeror, and is received by the Vendor Services. The protest may be sent by any of the following means:

MAIL: Attention: Carla Smith

Executive Director DeKalb County School District Vendor Services 1701 Mountain Industrial Boulevard Stone Mountain, Georgia 30083

Email:solicitationquestions@dekalbschoolsga.org The Offeror must observe the following deadlines when filing a protest:

Type of Protest Protest Filing Deadline Challenge to Competitive

Solicitation Process Two (2) business days prior to the closing date and time of the solicitation as identified on the Invitation to Bid.

Challenge to an Intended or Actual Contract Award

In the event DCSD posts a Notice of Intent to Award (“NOIA”), the protest must be filed within ten (10) calendar days of the date the NOIA is posted.

In the event DCSD does not post a NOIA, the protest must be filed within ten (10) calendar days of the date the Notice of Award (“NOA”) is posted.

If a bidder fails to file a protest by the applicable deadline, such failure shall be deemed as a waiver with prejudice of any grounds the bidder may have for protest.

5. Stay of procurement during protest review. When a protest challenging the competitive solicitation process has been timely filed at least two (2) business days prior to the closing date and time, the solicitation shall not close until a final decision resolving the protest has been issued, unless the facilities management department makes a written determination that the closing of the solicitation without delay is necessary to protect the interests of DCSD.

When a protest challenging an intended contract award has been timely filed, DCSD shall not proceed to actual contract award unless the Vendor Services Department makes a written determination that the issuance of a contract or performance of the contract without delay is necessary to protect the interests of DCSD. If it is determined that it is necessary to proceed with contract performance without delay, the bidder/Offeror with this contingent contract may proceed with performance and receive payment for work performed in strict accordance with the terms of the contract. The provisions of this paragraph are not applicable to a protest pertaining to events or facts arising during the solicitation process.

6. Protest Resolution. The Vendor Services Department shall review and issue a written decision on the protest within seven (7) business days. This decision shall be deemed final. Available remedies for sustained protests are as follows:

• If a protest is sustained prior to the closing date and time of the solicitation, available remedies may include, but are not limited to, the following: modification of the solicitation

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document including, but not limited to, specifications and terms and conditions; extension of the solicitation closing date and time (as appropriate); and cancellation of the solicitation.

• If a protest of the intended/actual contract award is sustained, available remedies may include but are not limited to, the following: revision or cancellation of the NOIA/NOA, re-evaluation and re-award, or re-solicitation with appropriate changes to the new solicitation.

7. Costs. In no event shall a bidder be entitled to recover any costs incurred in connection with the solicitation or protest process, including, but not limited to, the costs of preparing a bid/proposal, the costs of participating in the protest process, or any attorney fees.

RFQ 24-565 ATHLETIC TRAINER SERVICES PAGE 21

PART III

SCOPE OF WORK

A. Project Overview

DCSD is seeking proposals from qualified offerors with professional qualifications, technical competence and specialized experience in athletic trainer services for the nineteen (19) high schools in accordance with the scope of work of this RFQ.

Awarded offeror shall provide equipment and services in accordance with the scope of work, requirements and terms and conditions stated herein. Services shall include all labor, materials, tools, specialized equipment, supplies, trained personnel, insurance, travel, per diem, direct and indirect administrative costs, overhead, tolls, parking, fuel, lodging, all other cost and charges, and…