RFQ_2617CM_-_Pinewood_ES_Renovation_Comprehensive_Project_-_Solicitation.pdf

REQUEST FOR QUALIFICATIONS ACKNOWLEDGEMENT

FORM

POSTING DATE: August 28, 2026 PROCUREMENT CONTACT & EMAIL:

Ed Ames, Director William.ames@ocps.net

RFQ NUMBER AND TITLE:

RFQ 2617CM - Construction Management Services for Pinewood

Elementary School Renovation Comprehensive Project

RFQ DUE DATE & TIME:

September 29, 2026, at 2:00 PM EST

NOTE: RESPONSES RECEIVED AFTER THE DUE DATE AND TIME WILL NOT BE ACCEPTED

QUESTION DEADLINE:

September 9, 2026, at 2:00 PM EST

PRE-SOLICITATION MEETING DATE & TIME: September 8, 2026, at 10:00 AM EST via Cisco WebEx. Phone: 415-655-0001; Access code: 2302 773 9078

Web link: https://ocps.webex.com/ocps/j.php?MTID=m7f321f8110d9b64f571d059d0bc3f9e4

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

YOUR RESPONSE WILL NOT BE ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED

AGENT OF THE PROVIDER.

COMPANY NAME:

MAILING ADDRESS:

CITY, STATE, ZIP:

FEDERAL EMPLOYERS' IDENTIFICATION NUMBER (FEIN):

TELEPHONE NUMBER: FACSIMILE NUMBER:

EMAIL:

AUTHORIZED SIGNATURE: TYPE OR

PRINTED NAME:

TITLE: DATE:

NOTICE: Failure to file a protest within the time prescribed in Section 120.57(3) Florida Statutes will constitute a waiver of proceedings under Chapter 120, Florida Statutes, and School Board Rules.

mailto:William.ames@ocps.net https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Focps.webex.com%2Focps%2Fj.php%3FMTID%3Dm7f321f8110d9b64f571d059d0bc3f9e4&data=05%7C02%7CMarilyn.Maldonado3%40ocps.net%7C785d00befbe74f3e21df08df02beb2b0%7C30a737317d5a4693a4af1f5d4e74ca93%7C0%7C0%7C639232690226777101%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=eMCyULOZrTzcP1QdkpExS9Wtw1iYVangYwuskNMBUDw%3D&reserved=0

RFQ# 2617CM Pinewood ES Renovation Comprehensive Project

RFQ SUBMITTAL CHECKLIST

The following documents must be submitted in tab A of the Firm’s RFQ submission:

Request for Qualification and Firms Acknowledgement – page #1 Exhibit A - Certification Form for Local Preference Criteria Exhibit B - Drug-free Workplace Certification Exhibit C - Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion –

Lower Tier Covered Transactions Exhibit D - Byrd Anti-Lobbying Amendment Certification Certificate of Insurance If a Florida Corporation, a screenshot of “ACTIVE” status through www.sunbiz.org If a Non-Florida Corporation, a screenshot of “ACTIVE” status from the state in which the business was formed All Addenda (if applicable) Copy of current Florida Professional Registration Certificate for general Firms Copy of certification for proper incorporation or registration from Florida Secretary of State http://www.sunbiz.org/

OVERVIEW AND INTENT

Overview

The School Board of Orange County, Florida, is interested in entering into a contract with a qualified firm to provide Construction Management at Risk services of a specified nature as outlined in the contract to be entered into, the form of said Contract can be located on the Orange County Public Schools website for the Pinewood Elementary School Renovation Comprehensive Project. The Construction Manager is responsible for the successful, timely, and economical completion of the construction project. The project will provide improved facilities which meet Orange County Public Schools’ Design Guidelines.

The Contract shall be awarded in accordance with the requirements of section 287.055, Florida Statutes.

Construction Management Contract Template:

https://files.smartsites.parentsquare.com/6888/standard_construction_management_contract.pdf

RFQ Schedule: The following is a tentative schedule for the RFQ process, and all dates are subject to change.

Solicitation Posting 08/28/26 1st Advertise in Local Newspapers 08/28/26 2nd Advertise in Local Newspapers 09/04/26 3rd Advertise in Local Newspapers 09/11/26 Pre-submittal conference @ 10:00 AM 09/08/26 Request for Information cut-off 09/09/26 Proposals Due 09/29/26 Proposal Evaluation Committee Shortlist Meeting 10/14/26 Presentations/Interview 10/28/26 Board Approval Date 11/10/26

SCOPE OF WORK OR SERVICES

Major elements of the project include:

A comprehensive renovation project for Pinewood Elementary School located at 3005 N Apopka Vineland Road, Orlando, Florida 32818. Comprehensive renovation and remodeling of the entire campus to provide improved facilities meeting Orange County Public Schools’ Design Guidelines and educational program requirements. The project scope includes all renovations needed to address current deficiencies and to upgrade all building and site facilities, systems, and finishes at or near the end of their useful life and design capacity. The scope also provides for remodeling of existing spaces to support current programs, identified functional equity space needs, life safety, and accessibility requirements. In addition, the project may also include demolition of existing buildings which will be replaced with new construction. Construction will occur on an occupied campus. Scope will include any temporary facilities and classrooms required to support construction phasing.

The estimated construction cost is $ 21,000,000.

https://files.smartsites.parentsquare.com/6888/standard_construction_management_contract.pdf

Target Project Schedule: The following is a target schedule for this project, subject to change.

Design Services Commencement

August 2026

Pre-Construction Services Commencement

January 2027

Construction Notice to Proceed

February 2028

Substantial Completion

November 2029

Firm’s Experience:

2.1. It is preferable that the CM has experience providing construction management at risk for K-12 public school programs.

2.2. Firms must be authorized to do business in the State of Florida.

2.3. Firms must be knowledgeable of the requirements of the Florida Statutes.

2.4. Firms must be able to demonstrate financial strength appropriate to the scale of the Project to be managed.

2.5. In accordance with Florida Statutes, the selected Firm will be required to make sworn statements regarding Public Entity Crimes and Contingent Fees.

PROPOSAL FORMAT AND CONTENTS

While there is no intent to limit the contents of any proposal, proposals shall conform to the format outlined below to ensure that all pertinent information necessary for evaluation is included and to facilitate review.

The addenda, if any, must be signed and dated by a representative authorized to sign the proposal on behalf of Firms and included in the proposal response.

Firm’s Profile and Submittal Letter – (Non-Scored)

Statements of Qualifications must provide the required information in the following order and format:

1. Letter of introduction and interest signed by an officer or partner of the responding firm. The letter shall include the specific reason(s) why Firms would be the best choice for the project listed. The letter shall include the name of the entity submitting, contact name, phone number, e-mail address, fax number, and address of Firms submitting.

2. Table of Contents

3. Compliance Information: This is a compliance section and carries no evaluation points. Firms must meet the minimum criteria specified to receive further consideration. Submittals shall include the following:

a. The Firms must be properly certified by the Florida Secretary of State to do business in Florida at the time of submission.

b. State the legal name of the entity submitting and if Firms submitting is a corporation, joint venture, or partnership. It is understood that if selected for this project the stated entity name will be used in all legal contracting documents derived from this selection.

c. Provide a copy of the certification for proper incorporation or registration from the Florida Secretary of State. In the alternative, joint ventures and partnerships may provide, should provide a copy of their joint venture or partnership agreement and certification from the Florida Secretary of State establishing that each joint venture partner or partner is authorized to do business in Florida.

The Firms must be properly registered, licensed, and certified at the time of submission.

If submitting as a joint venture, provide a copy of the joint venture agreement and either:

a. A copy of the current Florida Professional Registration Certificate of the joint venture; or

b. A copy of the current Florida Professional Registration Certificate of one of the joint venture partners and proof of compliance with Florida Administrative Code Rule 61G4-15.0022.

The Firm must have been in continuous business for a minimum of five (5) years. If the Firm is a joint venture, at least one of the companies comprising the joint venture or the partnership must have been in continuous business for a minimum of five (5) years.

4.1. State the number of years in business. If the Firm is a joint venture, state both the number of years that the joint venture has been in business, as well as the number of years that each joint venture partner has been in business

4.2. State the location, address, and telephone number of the Firm’s offices. If the Firm is a joint venture or partnership, identify the location, address, and telephone number of the principal place of business of the joint venture or partnership designated with the Florida Division of Corporations.

4.3. Submit the names of owners, officers, or principals in charge.

4.4. The Firms must identify any existing or potential conflicts of interest, and disclose any representation of parties or other relationships that might be considered a conflict of interest with regard to this selection. "Conflict" or "conflict of interest" means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest.

4.5. If any conflicts of interest issues are identified, provide a detailed plan of action on how any existing or potential conflicts of interest will be mitigated in the case your firm is recommended for this project. OCPS at its sole discretion shall determine the adequacy of the plan and whether the conflict will disqualify the firm from consideration for the RFQ. If OCPS determines that the firm will be disqualified due to the conflict, the firm’s proposal will not be evaluated or considered by the Firms Selection Committee

Successful Related Experience (40 Points)

Major consideration will be given to the successful completion of previous projects comparable in design, scope, and complexity. This may include evaluating the firm’s performance on previous projects

List the projects which best illustrate the experience of the Firms which utilized the current staff which is being assigned to this Project. (List no more than 10 projects and do not list projects which were not completed by your firm or completed more than ten years ago). Include the following for each project:

A. Name and location of the project.

B. The nature of the Firm’s responsibility on the project.

C. Project owner's representative name, address, telephone, and facsimile number.

D. Project user's representative name, address, and telephone number.

E. Date project was completed. Provide a comparison of the original schedule completion to the actual completion date.

F. Size of the project (construction gross square feet).

G. Cost of the project (construction cost). Provide a comparison of the original contract amount with the final contract amount H. Work for which the Firm’s staff was responsible.

I. The firm’s project manager and other key professionals involved in the project, and who of that staff would be assigned to the project covered by this RFQ.

Proposed Project Staff and Function (20 Points)

The quality, experience, and quantity of staff and their functions will be evaluated by the Proposal Evaluation Committee.

The Firms shall name the actual staff to be assigned to this Project, describe their ability and experience, and indicate the function of each within their organization and their proposed role on this Project. It is the intent that the proposed staff shall be assigned to this Project unless otherwise approved by OCPS. The staff must be present at the time of the presentation/interview.

Organization Chart: Develop an organization chart as it relates to the project indicating key personnel and their relationship.

Give brief resumes of key persons to be assigned to the Project including, but not limited to, the following:

A. Name and title.

B. Job assignment for other projects.

C. How many years with this firm? For sub-consultants, list prior projects your firm has worked with sub-consultant.

D. How many years with other Firms?

E. Experience including types of projects, size of projects (dollar value and square footage of project), and specific project involvement.

F. Education.

G. Active registrations (if any).

H. If submitting as a joint venture or partnership, include the assigned staff for the joint venture or partnership and indicate which of the joint ventures or partners employs the staff member.

I. Provide the location of the office(s) that will be providing the required services.

Provide information on the staffing and resources of the main office providing the majority of services.

Financial Capabilities (15 Points)

A representative from the OCPS Finance division will evaluate whether the Firm has sufficiently demonstrated they have the necessary financial resources to complete the project, its capabilities to control costs and its history of working proactively to avoid litigation with OCPS. This score will be allocated to each Firm by OCPS Procurement Services and added to the cumulative score of each Proposal Evaluation Committee member’s score.

Financial Statement: For the Firms and/or their equity participants, indicate Working Capital Ratio, Profitability, and Return on Assets Ratio. Include a copy of their most current audited financial statement.

If the Firm is a joint venture or partnership all firms comprising the submitting entity will be required to submit the previously requested documentation. Submit financial information as a separate file via VendorLink.

Litigation: Submit all litigation of any kind involving Firms, their officers, or directors with a project owner where the total amount in controversy exceeds $100,000 within the last five years. If the Firm is a joint venture or partnership, submit litigation involving all Firms comprising the submitting entity. State the court and location of the litigation.

Insurance Claims: State the number of claims, total worker’s compensation dollars incurred for those claims, and loss cost per man hour for the last five projects Firms has completed. This information should include all claims, including, but limited to, the Firm’s personnel and/or sub-consultants. In addition, Firms shall include information about safety programs.

Bonding Capacity: Evidence of sufficient bonding capacity to bond $21,000,000. The CM must submit a letter from their insurer stating their current bonding capacity for a single job and their aggregate capacity.

(The firm will be required to bond on the guaranteed maximum price for the Project.)

Workload (5 Points)

OCPS will review the Firms and their sub-consultants’ current workload. If submitting as a joint venture, OCPS will review the current workload of each of the Firms(s) comprising the submitting entity. A maximum of five (5) points will be awarded based on an evaluation of the Firm’s total workload and capacity to perform the work.

Firms and their sub-consultant(s) shall provide a list of outstanding projects, client names, the status of completion, anticipated completion date, and the dollars committed to open project workload. Furthermore, if submitting as a joint venture, Firms shall also include projects for each firm comprising the joint venture.

Definition of sub-consultant as it relates to this selection process: An individual and/or firm contracted or to be contracted by the submitting Firms to provide services related to or part of those which will be required as part of this selection process.

Local Preference Policy Score (10 Points)

Pursuant to OCPS Board policy DJFD, Local Preference Criteria for Vendors, Firms with an established office in the Orlando Standard Metropolitan Statistical Area (“Orlando SMSA”) five (5) years prior to the RFQ due date will be assigned a score of ten (10) points. Firms that do not qualify as having an established office in Orlando SMSA five (5) years prior to the RFQ due date will receive zero (0) points. This score will be allocated to each Firm by OCPS Procurement Services and added to the cumulative score of each Proposal Evaluation Committee member. If the Firm is submitting as a joint venture, and if only one of the parties of the joint venture meets the criteria, the joint venture will receive a percentage of the points based on the percentage of the profits due to the qualifying firm as specified in their joint venture agreement.

The score will be determined by reviewing the Certification Form for Local Preference Criteria (Exhibit A) to be submitted by all Firms. Firms will be required to certify if they have an established office in the Orlando SMSA area which includes the following Florida counties: Orange, Osceola, Lake, and Seminole. Firms will also need to certify the number of years the office has been established in the Orlando SMSA and that it is able to provide services for the designated project.

Minority Participation/History (10 Points)

A representative from the OCPS Office of Business Opportunity will evaluate whether the Firm is a certified minority/woman-owned business (M/WBE) and/or a local developing business (LDB) and/or veteran business enterprise (VBE) as well as their history in the actual achievement of participation levels established by OCPS or other entities. This score will be allocated to each Firm by OCPS Procurement Services and added to the cumulative score of each Proposal Evaluation Committee member’s score.

a. Indicate if Firms is a minority/woman-owned business and provide a copy of the appropriate State of Florida, National/Florida Minority Supplier Development Council, Orange County, or City of Orlando certification.

b. Indicate if Firms is a local developing business and provide a copy of OCPS or the Greater Orlando Aviation Authority certification.

c. Indicate if Firms is veteran-owned and provide a copy certification from the State of Florida or the Center for Verification and Evaluation (CVE).

d. If the Firm is a joint venture or partnership with a M/WBE, LDB, or VBE firm, provide the following:

1. Profit and loss sharing agreement.

2. Capital contributions, including equipment.

3. Bonding contributions.

4. Other applicable ownership interests.

5. Describe the role of the MWBE, LDB, or VBE firm in the joint venture or partnership and indicate how the work shall be distributed between the associated firms and how the organizational structure will ensure orderly communications, distribution of information, effective coordination of activities, and accountability.

Name the Firm’s minority/women-owned business associate(s) and provide copies of the appropriate State of Florida, National Minority Supplier Development Council, Greater Orlando Aviation Authority, Orange County, or City of Orlando certification. Include a description of proposed services and the planned percentage of dollars worked for this project in a table format as illustrated below.

Description of proposed Services

MWBE/LDB/VBE

Planned Percentage of

Dollars

Indicate the Firm’s past experience in meeting goals for M/WBE, LDB, and VBE participation on the five (5) most recent projects in a table format as illustrated below. The OCPS MWBE participation goal for this project is 23%. The OCPS LDB participation goal for this project is 10%. The OCPS VBE goal is 3%. In addition to the information provided for this requirement, additional data related to goal achievement on OCPS and non-OCPS projects may be provided to the Proposal Evaluation Committee for evaluation purposes.

MWBE Participation History

Projects

MWBE

Firm(s)

Description of

Services

Contract

Value

Amount spent with

MWBE

Percentage

LDB Participation History

LDB

Amount

LDB

VBE Participation History

VBE

Amount

VBE

4. Proposal Evaluation

4.1. Proposals will be evaluated by a Proposal Evaluation Committee which will review responses deemed responsive and responsible to the solicitation requirements. The Proposal Evaluation Committee will convene, review, evaluate, and rank all valid proposals submitted based on the evaluation criteria.

4.2. The Proposal Evaluation Committee reserves the right to interview any, all, or none of the Firms that responded to the RFQ and to require a formal presentation/interview with the key personnel who will administer and be assigned to work on behalf of the contract before recommendation of award.

4.3. The Proposal Evaluation Committee reserves the right to conduct site visits of the Firm’s facilities and/or of a current project it is managing.

4.4. Public Notice of Proposal Evaluation Committee meetings will be posted on the OCPS VendorLink site.

4.5. OCPS will not be under any requirement to complete the evaluation by any specific date and reserves the right to suspend or postpone the evaluation process should the need arise due to budget constraints, time constraints, or other factors as directed by OCPS, however, it is anticipated that the review/evaluation process will be completed in a timely manner. Procurement Services will participate in an advisory capacity only.

4.6. The Selection Process Administrator shall combine the evaluation scores submitted by all CSC members and shall determine the five (5) highest-scoring firms (unless otherwise determined) based on the total evaluation scores received. In the event of a tied score for fifth place, all such tied firms shall be included in the shortlist.

4.7. OCPS will post a notice of the intended decision on the OCPS VendorLink site. Failure to file a protest within the time prescribed in Section 120.57(3) b, F.S., shall constitute a waiver of proceedings under Chapter 120, F.S. Once the allowed time period has passed this phase of the process will be completed.

4.8. Evaluation Criteria: Responsive and responsible proposals will be reviewed and scored by the

Proposal Evaluation Committee in accordance with the following matrix.

Criteria Points

Successful Related Building Experience 40

Proposed Project Staff and their Functions 20

Financial Capabilities 15

Workload 5

Minority/Woman-owned, Local Developing, and Veteran-owned Business History

Local Preference Policy Score 10

Total 100

5. INTERVIEWS AND PRESENTATION

5.1. In accordance with Florida Statute 286.0113, the oral interviews, presentations, and evaluation committee meetings will be exempt from the public meeting requirement (F.S. 286.011) in cases where the following activities occur:

“(b)1. Any portion of a meeting at which a negotiation with a vendor is conducted pursuant to a competitive solicitation, at which a vendor makes an oral presentation as part of a competitive solicitation, or at which a vendor answers questions as part of a competitive solicitation is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.

2. Any portion of a team meeting at which negotiation strategies are discussed is exempt from s.

286.011 and s. 24(b), Art. I of the State Constitution.

(c)1. A complete recording shall be made of any portion of an exempt meeting. No portion of the exempt meeting may be held off the record.

2. The recording of, and any records presented at, the exempt meeting are exempt from s.

119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever occurs earlier.”

At the time of its scheduled interview, each shortlisted Firm shall provide additional information about its operations as may be required by OCPS. This additional information shall include, but is not limited to, the following:

A. References (10 Points) The Firms must demonstrate a positive relationship with prior clients on similar projects.

The Firms shall submit written recommendations from previous Owners and discuss their strategy to provide a positive working relationship with OCPS. This strategy must include actual examples of how the Firms have demonstrated their cooperation with other Owners. OCPS reserves the option of contacting any of the references provided to confirm the information provided.

The Proposal Evaluation Committee will provide input on a Firm’s past work performance with OCPS, this information includes but is not limited to the number of warranty requests and responsiveness, contract and process compliance, and information from the OCPS Firms evaluation process if available.

B. Overall Approach, Methodology, and Knowledge of the Site (30 Points)

The Firm shall provide information regarding its knowledge of working on active school campuses, local codes and ordinances, local sub Firms, and suppliers as an indication of its ability to deliver quality workmanship in an effective and timely manner.

The Firms shall demonstrate verbally and graphically their plan for performing the project, documenting the services to be provided and showing the interrelationship of all parties. As part of its services, the Firms shall indicate knowledge and experience in the evaluation of building systems, construction techniques, and the recommendation of materials to create an optimum value in meeting the design and budget requirements.

The services to be provided on the Project will include, but are not limited to, the pre-construction, construction, and post-construction phases.

C. Project Team (10 Points)

The Firms shall express the general and specific project-related experience and capability of in-house staff and sub-consultants and their functions as it relates to this project.

Organization Chart: Develop an organization chart as it relates to the Project indicating key personnel and their relationship. It shall be understood that it is the intent of OCPS to insist that those key personnel indicated as the project team in this RFQ response executes the Project.

If a joint venture, or prime sub Firms arrangement of two (or more) Firms, indicate how the work shall be distributed between the associated Firms. Describe how the organizational structure will ensure orderly communications, distribution of information, effective coordination of activities, and accountability.

D. Cost Control (20 Points)

Describe how you develop cost estimates, and how they are updated, providing specific examples of successful recommendations implemented and cost containment strategies utilized to maintain project budgets without sacrificing quality. Describe your pre-construction bidding process and explain the benefits to OCPS.

The Firms shall provide a comparison of any representative current projects demonstrating their ability to hold to original budgets.

Provide a list of onsite staff that you propose for this project and the number of hours that each staff member will work on the project during the construction phase.

E. Project Scheduling (20 Points)

As part of the project approach, the Firms shall propose a process for scheduling multiple projects and effectively managing and executing the work in the optimum time. Provide a sample schedule and describe any major milestones for achieving the schedule and any other recommendations that may directly impact the schedule.

The Firms shall describe any representative current projects and the projected versus the actual schedule for each.

F. MWBE, LDB, and VBE Implementation Plan (10 Points)

The Firms shall propose their plan to achieve the MWBE, LDB, and VBE goals. Discuss areas of opportunities for MWBE, LDB, and VBE participation, programs utilized to encourage participation, and any other pertinent information related to this area to demonstrate commitment to a successful program.

If a joint venture or partnership with an MWBE, LDB, and/or VBE firm, discuss the MWBE, LDB, and/or VBE firm participation in the project, including risk.

5.2. Evaluation Criteria

Shortlist firms will be scored by the Proposal Evaluation Committee in accordance with the following matrix.

Criteria Points

References 10

Overall Approach, Methodology, and Knowledge of the Site 30

Project Team 10

Cost Control 20

Project Scheduling 20

MWBE, LDB, and VBE Implementation Plan 10

Total 100

GENERAL TERMS AND CONDITIONS

1. Definitions

The School Board of Orange County, Florida may be referred to as “Board”, “School Board”, “District,” or “OCPS” herein

The term “Firms” shall refer to the company, individual, or organization that responds to this RFQ and/or is awarded this RFQ.

2. Cancellation: OCPS reserves the right to cancel this Request for Qualifications, in whole or in part, when it is in OCPS’ best interest. Notice of cancellation will be posted on the OCPS VendorLink site.

3. RFQ Submission: RFQ submittals are due at the date and time indicated on the Firms Acknowledgement Form or as amended in the form of an addendum issued by Procurement Services.

All solicitations and supporting documents will be posted on VendorLink at www.vendorlink.ocps.net. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates.

It is the sole responsibility of the Firms to ensure that their RFQ response is submitted through VendorLink no later than the time and date specified in the RFQ or subsequent addenda. The Firm is responsible for allowing adequate time to upload their submittal on VendorLink. If technical difficulties arise during the submission of the RFQ response, it is the Firm’s responsibility to contact VendorLink technical support at support@evendorlink.com. OCPS shall not be responsible for delays caused by any occurrence. Submittals sent by mail, facsimile, electronic mail, telephone, or any other means not specified herein will not be accepted. RFQ submittals may not be withdrawn after the RFQ due date.

All RFQ submissions must be transmitted electronically through VendorLink at www.vendorlink.ocps.net. Acceptable file formats for upload are Microsoft Excel (.xls or .xlsx), Adobe Portable Document (.pdf), or. ZIP file formats and printing must be enabled on all files submitted. Once the RFQ response is submitted, a confirmation email will be sent with the number and name of the documents uploaded.

4. Execution of RFQ Submittal: Each RFQ submittal must include the signature of an officer or employee having the authority to bind the Firms in the space(s) provided.

5. Interpretation of RFQ Documents: No interpretation of the meaning of this RFQ document or correction of any ambiguity, inconsistency, or error therein will be made verbally to any party. All requests for an interpretation or clarification of this RFQ, and any subsequent addenda, or correction of any apparent ambiguity, inconsistency, or error will be addressed in writing by the OCPS Procurement Services Representative. Inquiries must reference the date of RFQ opening, RFQ title, and RFQ number. Interpretation of the RFQ, clarification of RFQ specifications, and changes to the RFQ shall be communicated by written addenda only. Only the written interpretation or correction given by the Procurement Services Representative shall be binding. Verbal responses shall be considered inadmissible in RFQ protest proceedings. Firms are advised that no other source is authorized to interpret, explain, clarify or give information regarding the RFQ documents. Written addenda shall be signed by the Firms and returned with the RFQ submission. Failure to return such addenda may constitute cause for rejection of an RFQ submittal.

6. RFQ Preparation Costs: Neither OCPS nor its representatives shall be liable for any expenses incurred in connection with the preparation of a response to this RFQ.

7. Public Records:

OCPS is a public agency subject to Chapter 119, Florida Statutes. The Firm agrees to comply with Florida’s Public Records Law.

http://www.vendorlink.ocps.net/ mailto:support@evendorlink.com http://www.vendorlink.ocps.net/

7.1. IF FIRMS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,

FLORIDA STATUTES, TO THE FIRM’S DUTY TO PROVIDE PUBLIC RECORDS RELATING

TO THIS CONTRACT, CONTACT THE OCPS CUSTODIAN OF PUBLIC RECORDS AT

407.317.3965, RECORDS@OCPS.NET, ORANGE COUNTY PUBLIC SCHOOLS,

RECORDS MANAGEMENT, P.O. BOX 271, ORLANDO, FL 32802.

7.2. The Firm acknowledges its legal obligation to comply with Section 119.0701, Florida Statutes.

The Firms shall keep and maintain public records, as that phrase is defined in the Florida Public Records Act, which would be required to be kept and maintained by OCPS in order to perform the scope of services. The Firms shall comply with all requirements for retaining public records and shall transfer, at no cost to OCPS, all public records in the possession of the Firms upon a request for such public records. See Section 119.0701(2)(b)4, Florida Statutes, for additional record-keeping requirements.

7.3. A request to inspect or copy public records relating to OCPS’ contract for services must be made directly to OCPS’ Custodian of Public Records. If OCPS does not possess the requested records, OCPS’ Custodian of Public Records shall immediately notify the Firms of the request.

The Firms must provide a copy of the records to OCPS or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes. If the Firm does not timely comply with OCPS’ request for records, OCPS shall be able to sue for breach of contract and the prevailing party shall be entitled to attorney’s fees.

7.4. Should the Firms fail to provide the requested public records to OCPS within a reasonable time, the Firms understand and acknowledges that it may be subject to penalties under Sections 119.0701(3)(c) and 119.10, Florida Statutes.

7.5. The Firms shall not disclose public records that are exempt, or confidential and exempt, from public records disclosure unless specifically authorized by law for the duration of this Agreement term and following the completion, expiration, or termination of same if the Firms does not transfer the records to OCPS. Upon completion, expiration, or termination of this RFQ, the Firms shall transfer, at no cost to OCPS, all public records in its possession or keep and maintain public records required by OCPS to perform the services. If the Firms transfer all public records to OCPS, the Firms shall destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. If the Firms keep and maintain public records upon completion, expiration, or termination of this RFQ, the Firms shall meet all applicable requirements for retaining public records and provide requested records to OCPS pursuant to the requirements of this Article. All public records stored electronically must be provided to OCPS in a format that is compatible with the information technology systems of

OCPS.

8. Non-Collusion: The information in the Firm’s submittal has been arrived at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Firms or with any competitor.

9. Conflict of Interest: In addition to full and complete adherence to the requirements provided in Section

112.313, F.S., all Firms must disclose the name of any officer, director, agent, or representative who is also an employee of OCPS, who knowingly owns, directly or indirectly, any interest of any amount in Firm’s company, firm, or business, or who derives income of any kind from Firm’s company, firm or business.

mailto:RECORDS@OCPS.NET

10. Protests: In accordance with OCPS School Board Policy DJE and Chapter 120, Florida Statutes, any person who is adversely affected by the terms, conditions, or specifications set forth in this RFQ or who is adversely affected by a decision of OCPS concerning the solicitation shall file a Notice of Intent to Protest, in writing within 72 hours after the solicitation document is posted or after the notice of decision is posted, respectively, excluding Saturdays, Sundays, and state holidays. A formal written protest shall be filed no later than 10 days after the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state holidays. The formal written protest must be accompanied by a protest bond, cashier’s check, or money order in the amount of $100,000.

The Notice of Intent to Protest and formal written protest shall be filed at the following address:

The School Board of Orange County, Florida Senior Director, Procurement Services 445 West Amelia Street Orlando, Florida 32801

The formal written protest shall state, with particularity, the facts and law upon which the protest is based. Failure to file a Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier’s check, or money order within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

11. No-Contact Period / Lobbying: In accordance with School Board Policy KCE, Ethics and Lobbying During the No Contact Period, no Lobbyist, Principal, Business Associate, Business Entity, Vendor, or another person may lobby a Board Member, the Superintendent, any Procurement Official or any OCPS employees except (a) any designated Procurement Official or Officials who may be identified in the procurement documents for purposes of receiving questions or clarifications or for receiving bid protests; and (b) a Board Member, the Superintendent, any Procurement Official or any OCPS employee who is lobbied on issues or matters unrelated to the procurement of goods and services which are subject to the No Contact Period.

The No-Contact Period shall commence on the initial date of the advertisement for this RFQ and continue through and include the date the School Board makes its determination to approve or reject the final recommendations. Failure to meet any of these requirements may disqualify the Firms from consideration.

12. Laws and Regulations: Applicable provisions of all federal, state, county, and local laws, and all ordinances, rules, and regulations shall govern the development, submittal, and evaluation of all RFQs received in response hereto and shall govern any claims and disputes which may arise between the Firms submitting a response hereto and OCPS by and through its officers, employees, and authorized representatives, or any other persons, natural or otherwise; and lack of knowledge by any Firms shall not constitute a cognizable defense against the legal effect thereof.

13. Marketing/Advertising: By submitting or being awarded this RFQ, Firms agree not to use the results as a part of any marketing and/or commercial advertising using OCPS’ name, logos, etc. without the express written consent of the District.

14. Public Entity Crimes: Section 287.133(2)(a), F.S., as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted Firms list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to any public entity, may not be awarded or perform work as a Firms, supplier, sub Firms, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of being placed on the convicted Firms list.

15. Bankruptcy / Insolvency: At the time of RFQ submission, Firms shall not be in the process of or engaged in any type of proceedings relating to insolvency or bankruptcy, either voluntary or involuntary or receivership proceedings. If Firms is awarded a contract for six (6) months or longer, and files for bankruptcy, insolvency, or receivership thereafter, OCPS may, at its option, terminate and cancel the Agreement, in which event all rights hereunder shall immediately cease and terminate.

16. Right to Reject: OCPS reserves the right to reject any or all response(s), to waive minor irregularities, and/or to accept the response(s), which in its sole judgment best serves the interest of OCPS.

17. Availability of Funds: The obligations of OCPS under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and OCPS.

18. Silence of Specifications: Any omissions of detail in the specifications stated herein that would render the commodities from use, as specified herein, will not relieve Firms from responsibility.

19. Anti-Discrimination: The School Board of Orange County, Florida, does not discriminate in admission or access to, or treatment or employment in its programs and activities, on the basis of race, color, religion, sex, national origin, disability, age, marital status, sexual orientation, gender identity or expression, genetic information, or any other reason prohibited by law.

20. Equal Employment Opportunity: OCPS is committed to assuring equal opportunity in the award of contracts and therefore complies with all laws prohibiting discrimination based on race, color, religion, sex, national origin, disability, age, marital status, sexual orientation, gender identity or expression, genetic information, or any other reason prohibited by law.

21. Fingerprinting / Jessica Lunsford Act: The Firms and any of its employees performing services hereunder shall comply with the Jessica Lunsford Act, effective September 1, 2005. “Non-instructional school district employees or contractual personnel who are permitted access on school grounds when students are present, who have direct contact with students or who have access to or control of school funds must meet level 2 screening requirements as described in s.1012.32. Contractual personnel shall include any vendor, individual, or entity under contract with a school or the school board.” See Section 1012.465, F.S. Any cost associated with compliance with the Jessica Lunsford Act shall be at the sole expense of the Firms.

22. Audit and Inspection: OCPS or its representatives reserves the right to inspect and/or audit the

Firm’s documents and records as they pertain to the products and services delivered under this RFQ.

Such rights will be exercised with notice to the Firms to determine compliance with and performance of the terms, conditions, and specifications on all matters, rights, and duties, and obligations established by this agreement. Documents or records in any form shall be open to OCPS’ representative and may include but are not limited to all correspondence, ordering, payment, inspection, and receiving records, contracts or sub-contracts that directly or indirectly pertain to the transactions between OCPS and the Firms.

23. Indemnification: To the fullest extent permitted by law, the Firms shall defend, indemnify, and hold harmless OCPS, its board members, employees, and representatives from and against any claims, suits, judgments, demands, liabilities, damages, cost and expenses including attorney's fees of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission of the Firms or its sub Firms, anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable; excepting those acts or omissions arising out of the sole gross negligence or intentional misconduct of OCPS.

Nothing in this RFQ shall be deemed to affect the rights, privileges, or be deemed a waiver of, or limitation of OCPS’s sovereign immunity protection and limitations of liability pursuant to Section 768.28, F.S. Any indemnity or assumption of liability by OCPS hereunder shall be subject to OCPS’s rights to sovereign immunity and any other limitations of liability provided by OCPS pursuant to Florida law.

24. Governing Law and Venue: Any legal actions associated with this agreement will be governed by the laws of the State of Florida. The venue for any litigation involving this RFQ shall be in the Ninth Circuit Court in and for Orange County, Florida. Should any federal claims arise for which the courts of the State of Florida lack jurisdiction, the venue for those actions will be in the Orlando Division of the U.S.

Middle District of Florida. Each party hereby agrees to submit to the personal jurisdiction of these courts for any lawsuits filed there against such party arising under or in connection with this agreement. In the event that a legal proceeding is brought for the enforcement of any term of the agreement, or any right arising wherefrom, the parties expressly waive their respective rights to have such action tried by jury trial and hereby consent to the use of non-jury trial for the adjudication of such suit.

All questions concerning the validity, operation, interpretation, construction and enforcement of any terms, covenants, or conditions of this agreement shall in all respects be governed by and determined in accordance with the laws of the State of Florida without giving effect to the choice of law principles thereof and unless otherwise preempted by federal law.

25. Compliance with Laws and OCPS Policies and Procedures: The Firms will not knowingly permit any of the Firm’s personnel to have access to any OCPS facility, records, or data of OCPS if the person has been convicted of a crime in connection with (i) a dishonest act, breach of trust, or money laundering, or has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such offense, as described in Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. §1829(a); or (ii) a felony. Firms must, to the extent permitted by law, conduct a check of public records in all of the employee’s states of residence and employment for at least the last five (5) years to verify the above. Firms shall assure that all contracts with sub Firms impose these obligations on the sub Firms and shall monitor the sub Firms’ compliance with such obligations. No sub Firms may be used without the prior written consent of OCPS.

26. E-Verify: By submitting a proposal with the School District of Orange County, Firms are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." Further, by execution of this Agreement, Firms affirms and represents that it is registered with, and uses, the E- Verify system, and will continue to use the E-Verify system. Compliance with Florida Statutes Section

448.095 includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all sub Firms to provide an affidavit attesting that the sub Firms do not employ, contract with, or subcontract with, an unauthorized alien.

27. Prohibition Against Contracting With Scrutinized Companies: The Firm certifies by executing its

RFQ submission that it is eligible to bid on, submit a proposal for, or enter into or renew a contract with OCPS for goods and services pursuant to Section 287.135.

Specifically, by executing this RFQ submittal the Firm certifies that it is not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.

If the RFQ submittal is for an amount of one million dollars ($1,000,000) or more, the Firm certifies that it is not (1) on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes and/or (2) engaged in business operations in Cuba or Syria.

OCPS reserves the right to terminate the award of this RFQ if the Firms

a. Submitted a false certification of its eligibility to bid on, submit a proposal for, or enter into or renew a contract with OCPS for goods or services pursuant to Section 287.135, Florida Statutes;

and/or

b. Became ineligible to contract with OCPS for goods or services pursuant to Section 287.135, Florida Statutes subsequent to receiving the Award/Agreement/Contract from OCPS.

Should OCPS terminate the RFQ due to falsification of eligibility, OCPS reserves the right to pursue any available legal remedies against the Firms, including but not limited to the remedies described in Section 287.135, Florida Statutes.

Should OCPS terminate a contract due to post-award ineligibility, the Firms shall be paid only for the funding-applicable work completed as of the date of the termination.

Unless explicitly stated in this section, no other damages, fees, and/or costs may be assessed against OCPS for its termination of the RFQ pursuant to this section.

28. Florida Department of State, Division of Corporations Registration Requirements: Firms who are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the State of Florida must furnish their Florida document number and a screenshot of their “active” status. All registered Firms must have an active status to be eligible to do business with OCPS. Firms doing business under a fictitious name, on page 1, must submit their offer using the company’s complete registered legal name; for example: ABC, Inc. d/b/a XYZ Company.

If the Firm is not located in Florida, the Firm must provide its state’s document number and a screenshot of its current, date-identified “active” status with its submittal.

29. Taxes: OCPS is exempt from and does not pay Federal Excise or State of Florida Sales taxes.

30. Confidential, Proprietary, or Trade Secret Material: If the Firms considers any portion of…