_RFQ-34-2023_HVAC_HB_RR_Final_12-8-22_ent_cis.pdf

City of Murfreesboro- Murfreesboro City Schools

REQUEST FOR QUALIFICATIONS (RFQ)

FOR

DESIGN AND CONSTRUCTION OVERSIGHT

HVAC RENOVATIONS AT HOBGOOD ELEMENTARY

& REEVES ROGERS ELEMENTARY

ISSUE DATE: DECEMBER 13, 2022

RESPONSE DUE DATE: JANUARY 5, 2023

1) Introduction Murfreesboro City Schools (“MCS”) in Murfreesboro TN, an Equal Opportunity, Affirmative Action Employer, is requesting statements of qualifications from interested firms to provide services related to the design and construction oversight of HVAC Renovations at Hobgood Elementary School and Reeves Rogers Elementary School. This project will be funded by the American Rescue Plan Act of 2021 (ARPA) grant funds. The Proposer awarded this contract will advise MCS on complying with ARPA requirements for all MCS ARPA activity related to this project. MCS intends to choose a qualified independent firm, that is licensed to practice in the State of Tennessee, for the services used in the design and construction of HVAC Renovations at Hobgood Elementary School and Reeves Rogers Elementary School. Proposers should demonstrate experience with HVAC systems and architectural renovations of school buildings and construction monitoring experience.

MCS in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 41 U.S.C. 2000d to 2000d-4 hereby notifies all Proposers that it will affirmatively insure that in any contract entered into pursuant to this advertisement, Disadvantaged Business Enterprises (“DBE’s”) will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, creed, color, sex, national origin, or handicap in consideration for an award.

The Request for Qualifications method is appropriate when qualifications and experience are of particular importance and price is not considered as one of the major factors used to determine the best service provider. This method requires each participant to submit a proposal based on certain specified elements with knowledge of the factors used to evaluate the proposal and their relative weight. Those interested in participating in the selection process are afforded the opportunity to pose questions in writing about the RFQ and services sought before submitting a proposal. MCS will select a responsible and responsive Proposer whose proposal is determined to be most advantageous to MCS taking into consideration the evaluation factors.

2) Schedule

2.1 Schedule Deadlines and Requirements

MCS intends to adhere to the schedule listed on page 3 for the selection process. Dates may be adjusted by MCS as needed.

No proposals will be accepted after January 5, 2023 at 2:00 P.M. Central Standard Time

MCS is accepting only electronic submission for this RFQ. Proposers must create a free account with OpenGov, the City of Murfreesboro TN e-procurement portal, by signing up at https://procurement.opengov.com/signup. All proposals received by the deadline will be opened via Zoom on January 5, 2023 at 2:00 P.M. CST in the Purchasing Department. All registered Proposers will be sent a Zoom link via email.

https://procurement.opengov.com/signup

Activity Target

Date

RFQ Issued December 13, 2022

Submittal of questions December 28, 2022

Answers to questions December 28, 2022

Proposals submitted January 5, 2023

Finalist Presentations if applicable TBD

Select Top Proposer TBD

MCS School Board Action TBD

2.2 Finalist Selection

MCS may select two or more Proposers from the RFQ responses to further evaluate as semi-finalists. The finalist will be selected based on all of the evaluation criteria so that MCS obtains the best professional services for an appropriate fee.

3) Contact Information MCS is accepting only electronic bid submissions. Bidders must create a free account with OpenGov by signing up at https://procurement.opengov.com/portal/murfreesborotn

Any inquiries, questions, or requests for explanation in regard to MCS requirements must be received no later than December 28, 2022 by 2:00 p.m. CST via OpenGov. No oral interpretation or clarifications will be given as to the meaning of any part of the Request for Qualifications documents. Prospective Proposers desiring further information or interpretations must make requests in writing through the Question/Answer Tab via the City of Murfreesboro's e- Procurement portal, OpenGov, on or before December 28, 2022 by 2:00 p.m. CST. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to Proposers on record as following this solicitation on the City of Murfreesboro's e-procurement portal. Answers to all inquiries or requests involving substantive matters will be provided in addendum form. Any addenda shall be posted on OpenGov. Addenda notifications will be emailed to all persons on record as following this RFQ. Failure of any Proposer to receive any such addenda or interpretation shall not relieve such Proposer from any obligation under their proposal as submitted. All addenda so issued shall become part of the contract documents.

4) Proposed Construction The proposed project at Hobgood Elementary School consists of the following:

Remove 10 Variable Refrigerant Flow (VRF) towers and 33 VRF indoor units. Remove 4 energy recovery ventilators and ductwork serving 33 indoor spaces. Remove associated refrigerant piping, electrical power, and electrical controls. Install 33 new wall mounted packaged HVAC units. Construct electrical power and electrical control renovations associated with both demolition and new construction. Construct architectural renovations associated with both demolition and new construction, including reroofing, ceilings, fenestration, and architectural finishes.

The proposed project at Reeves Rogers Elementary School consists of the following:

Remove 8 Variable Refrigerant Flow (VRF) towers and 29 VRF indoor units. Remove 5 energy recovery ventilators and ductwork serving 29 indoor spaces. Remove associated refrigerant piping, electrical power, and electrical controls, install 29 new wall mounted packaged HVAC units. Construct electrical power and electrical control renovations associated with both demolition and new construction. Construct architectural renovations associated with both demolition and new construction, including reroofing, ceilings, fenestrations, and architectural finishes.

5) Services Requested/Specifications

5.1 Scope of Services Required

Murfreesboro City Schools (“Owner”) is seeking proposals from qualified firms, (“Proposer”) with an unlimited status for systems engineering process services (“Design Services”) related to the design and construction administration and monitoring of HVAC Renovations at Hobgood Elementary School and Reeves Rogers Elementary School (“Project”).

Proposers are permitted to submit proposals that provide full in-house services or submit proposals that reflect the team concept wherein a lead vendor will use select services provided by other firms. Notwithstanding, the Proposer’s proposal shall reflect the ability to provide a full range of expertise in all areas. As a minimum, a Proposer shall provide services that include a registered professional engineer and a registered architect along with evidence that the Proposer and key individuals are authorized to offer engineering and architectural services in the State of Tennessee.

MCS desires to comply with all ARPA requirements. State and federally funded grants and contracts are subject to a variety of required statutes, regulations, and contract and procurement clauses. It is the responsibility of the Proposer to be aware of and comply with those requirements.

5.2 Estimated Time of Performance

The estimated time of performance is January 20, 2023 – September 22, 2023.

5.3 Delivery of Request for Qualifications (RFQ)

When: RFQ must be submitted by 2:00 p.m., local time (CST), January 5, 2023

Where: RFQ must be submitted electronically and uploaded via OpenGov at:

https://procurement.opengov.com/portal/murfreesborotn https://procurement.opengov.com/portal/murfreesborotn

How: RFQ must be clearly marked “Request for Qualifications for Design and Construction Oversight of HVAC Renovations at Hobgood Elementary School and Reeves Rogers Elementary School,” and uploaded to OpenGov.

An RFQ sent by mail, fax, e-mail or other means will not be accepted.

Each RFQ must be 25 pages or less.

5.4 Consultant Selection Procedure

MCS has appointed a five-person committee which will select a firm for this project based on competitive negotiations. Proposals with no more than 25 pages, submitted by the deadline established herein, will be evaluated by the committee in accordance with the following factors, each of which will carry a designated percentage weight (see Section 8):

1. Past experience in the type of requested services (35%)

2. Credentials, staff qualifications, and availability (25%)

3. Method of Project approach and reporting (20%)

4. Understanding of and knowledge of ARPA and similar federal-funded project requirements (10%)

5. Amount of current work under contract with other municipalities or government agencies for similar services (10%)

Following the submittal, the Committee will rank each factor on a scale of 1-5 (5-most qualified;

1-least qualified) point system. Rankings for each of the evaluation factors will be totaled and an overall most qualified firm, second most qualified, etc., will be identified (See sample “Consultant Selection Evaluation Sheet” attached).

The top three (3) firms may be invited to make an in-person oral presentation or may be requested to be available for telephone or video conferencing interviews with the selection committee.

The firm selected as the overall most qualified will be expected to negotiate the fees for services with MCS and enter into a formal contract. If reasonable negotiations fail with the most qualified firm, then the MCS will negotiate with the second most qualified firm. If an agreement cannot be reached with the second firm, the same procedure will be followed with the third, etc., until a satisfactory agreement has been reached. Once negotiations have been terminated with any firm, that firm will not be contacted further relative to this project.

MCS reserves the right to waive any informality in the submitted Proposals, reject any Proposals, or re-advertise for additional Proposals.

All Proposers are responsible for costs associated with the preparation of materials in response to this RFQ. MCS assumes no responsibility for such costs.

Per 2 CFR 200.319, all procurement transactions must be conducted in a manner providing full and open competition.

5.5 Federally Required Clauses for Projects Using ARPA Grant Expenses

5.5.1 CONFLICT OF INTEREST - GRATUITIES AND KICKBACKS. It is a breach of ethical standards for any person to offer, give or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter, pertaining to any program requirement of a contract or subcontract or to any solicitation or proposal therewith. It is a breach of ethical standards for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or a person associated therewith, as an inducement for the award of a subcontract or order. Breach of the provisions of this paragraph is, in addition to a breach of this Agreement, a breach of ethical standards which may result in civil or criminal sanction and/or debarment or suspension from being a contractor or subcontractor under MCS contracts.

5.5.2 SUSPENSION & DEBARMENT - Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

a. The awarded Proposer shall comply and facilitate compliance with the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 CFR Part 180. The Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by a Federal department or agency to be:

1. Debarred from participation in any federally assisted Award;

2. Suspended from participation in any federally assisted Award;

3. Proposed for debarment from participation in any federally assisted Award;

4. Declared ineligible to participate in any federally assisted Award;

5. Voluntarily excluded from participation in any federally assisted Award; or

6. Disqualified from participation in any federally assisted Award.

b. By signing submitting a Proposal, Proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by MCS. If it is later determined by MCS that the bidder or Proposer knowingly rendered an erroneous certification, in addition to remedies available to MCS, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Contractor agrees to comply with the requirements of 2 CFR Part

180, Subpart C throughout the period of the awarded Agreement. Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

5.5.3 BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352). Contractors that apply for bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

Such disclosures are forwarded from tier to tier up to the non-Federal award.

5.5.4 CIVIL RIGHTS COMPLIANCE. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury’s implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs, 28 CFR part 42, provide for the collection of data and information from recipients (see 28 CFR 42.406). Treasury may request that recipients submit data for post-award compliance reviews, including information such as a narrative describing their Title VI compliance status. This collection does not apply to Tribal governments.

5.5.5 CIVIL RIGHTS REQUIREMENTS.

a. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 USC §2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 USC § 12132, Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability.

b. Equal Employment Opportunity. Race, Color, Creed, National Origin, Sex – In accordance with Title VII of the Civil Rights Act, as amended, 42 USC §2000e, awarded Proposer shall comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of

Labor,” 41 CFR Parts 60 et seq., (which implement Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42 USC §2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect activities undertaken in the course of the awarded Contract. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age.

Such action shall include, but not be limited to, the following: employment;

upgrading demotion or transfer, recruitment advertising, layoff or termination;

rates of pay or other forms of compensation; and selection for training, including apprenticeship.

c. Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623, Contractor shall refrain from discrimination against present and prospective employees for reason of age.

d. Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, Contractor shall comply with the requirements of U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities.

Clause 10, If MCS makes sub-awards to other agencies or other entities, the

Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients.

5.5.6 2 CFR 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S

BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS.

MCS in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 41 U.S.C. 2000d to 2000d-4 hereby notifies all Proposers that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, Disadvantaged Business Enterprises (“DBE’s”) will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, creed, color, sex, national origin, or handicap in consideration for an award.

5.5.7 DOMESTIC PREFERENCES FOR PROCUREMENTS. (2 CFR § 200.322).

a. As appropriate and to the extent consistent with law, Contractor 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, and other manufactured products).

b. For purposes of this clause:

1. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

2. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

5.5.8 BONDING REQUIREMENTS. (2 CFR § 200.326)

For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold ($250,000), the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non-Federal entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:

a. A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.

b. A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract.

(c) A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

5.5.9 DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 3141-3148). (all prime construction contracts in excess of $2,000 awarded by non-Federal entities) Contractor shall comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must pay wages not less than once a week. A copy of the current prevailing wage determination issued by the Department of Labor can be found in the solicitation. Award of the contract or subcontract is conditioned upon the acceptance of the wage determination. MCS will report all suspected or reported violations to the Federal awarding agency.

5.5.10 COPELAND “ANTI-KICKBACK” ACT.

Contractor must comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. MCS will report all suspected or reported violations to the Federal awarding agency.

5.5.11 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

5.5.12 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

5.5.13 CLEAN AIR ACT (42 U.S.C. 7401-7671Q.) AND THE FEDERAL WATER POLLUTION

CONTROL ACT (33 U.S.C. 1251-1387), AS AMENDED. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

5.5.14 PROCUREMENT OF RECOVERED MATERIALS (2 CFR § 200.323). Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

5.5.15 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (2 CFR § 200.216).

a. Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:

(2) Procure or obtain;

(3) Extend or renew a contract to procure or obtain; or

(4) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.

(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

b. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

c. See Public Law 115-232, section 889 for additional information.

d. See also § 200.471.

5.5.16 RECORDKEEPING REQUIREMENTS. MCS must maintain records and financial documents for five years after all funds have been expended or returned to the Department of Treasury, as outlined in paragraph 4.c. of the Award Terms and Conditions. Treasury may request transfer of records of long-term value at the end of such period. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats.

MCS must agree to provide or make available such records to Treasury upon request, and to the Government Accountability Office (“GAO”), Treasury’s Office of Inspector General (“OIG”), and their authorized representative in order to conduct audits or other investigations.

5.5.17 SINGLE AUDIT REQUIREMENTS. Recipients and subrecipients that expend more than $750,000 in Federal awards during their fiscal year will be subject to an audit under the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F regarding audit requirements.7 Note that the Compliance Supplement provides information on the existing, important compliance requirements that the federal government expects to be considered as a part of such audit. The Compliance Supplement is routinely updated, and is made available in the Federal Register and on OMB’s website:

https://www.whitehouse.gov/omb/office-federal-financial-management/ Recipients and subrecipients should consult the Federal Audit Clearinghouse to see examples of Single Audit submissions.

5.5.18 COMPLIANCE WITH APPLICABLE LAW & REGULATIONS.

Recipient agrees to comply with the requirements of sections 602 and 603 of the Act, regulations adopted by Treasury pursuant to sections 602(f) and 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award.

Federal regulations applicable to this award include, without limitation, the following:

• Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the

Uniform Guidance, implementing the Single Audit Act, shall apply to this award.

• Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.

• Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.

• OMB Guidelines to Agencies on Governmentwide Debarment and Suspension

(Nonprocurement), 2 CFR Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 CFR Part 180, subpart B) that the award is subject to 2 CFR Part 180 and Treasury’s implementing regulations at 31 CFR Part 19.

• Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.

• Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.

• New Restrictions on Lobbying, 31 C.F.R. Part 21.

• Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42

U.S.C. §§ 4601-4655) and implementing regulations.

• Generally applicable federal environmental laws and regulations.

• Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;

• The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability;

• Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;

• The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and

Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and

• Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§

12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

5.5.19 HATCH ACT

MCS agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.

5.5.20 PUBLICATIONS. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to Murfreesboro City Schools by the U.S. Department of the Treasury.”

5.5.21 PROTECTIONS FOR WHISTLEBLOWERS. MCS shall inform its employees in writing of the rights and remedies provided under clause 16 of the Grant Agreement, in the predominant native language of the workforce. Specifically, clause 16 states:

• In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

• The list of persons and entities referenced in the paragraph above includes the following:

o A member of Congress or a representative of a committee of Congress;

o An Inspector General;

o The Government Accountability Office;

o A Treasury employee responsible for contract or grant oversight or management;

o An authorized official of the Department of Justice or other law enforcement agency;

o A court or grand jury; or o A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.

5.5.22 INCREASING SEAT BELT USE IN THE UNITED STATES. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), MCS encourages Contractor to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.

5.5.23 REDUCING TEXT MESSAGING WHILE DRIVING. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.

MCS purchasing procedures are governed by the State of Tennessee, the City of Murfreesboro, and various Federal laws, executive orders, and regulations. These require, among other things, that purchases (including purchases for fixed assets, materials and supplies, construction, and/or services) utilizing federal grant funds be made according to approved plans and specifications including the Federal Uniform Guidance rules found at 2 CFR Section 200.

6) City Terms and Conditions

It is important for each Proposer to become familiar with each paragraph within this section, as these paragraphs will prevail in the event of any discrepancies or differences between project related or contractual documents.

The Proposer must clearly and specifically detail all exceptions to the Terms and Conditions imposed in this section in the transmittal letter that will accompany its RFQ response.

6.1 Standards

Proposer must affirm that under its employment policies, standards and practices, it does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to the individual’s race, creed, color, national origin, age or sex and that it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

It is the policy of MCS not to discriminate on the basis of age, race, sex, color, national origin, or disability in its hiring and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this contract, Proposer will be required to certify and warrant that it will comply with this policy.

Proposer further acknowledges that MCS is a federal government contractor, and that by virtue of any contract awarded pursuant to this RFQ, Proposer will be a federal government subcontractor. Therefore, in accordance with federal law, Proposer specifically acknowledges and agrees as follows:

a. MCS and Proposer shall abide by the requirements of 41 CFR 60-1.4(a). This regulation prohibits discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin, and requires federal government contractor and subcontractors to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

b. MCS and Proposer shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans.

c. MCS and Proposer shall abide by the requirements of 41 CFR 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.

Proposer understands that it shall be a breach of MCS’s ethical standards policies for any person to offer, give, or agree to give to any MCS employee or former employee, or for any MCS employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, evaluation, recommendation, preparation of any part of a requirement or request, influencing the content of this RFQ, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter, pertaining to this RFQ or any contract or subcontract resulting therefrom.

A breach of these ethical standards may result in civil and/or criminal sanctions and/or debarment or suspension from being a contractor or subcontractor for any MCS contract.

6.2 Warranties

Proposer warrants it will perform the services in a professional manner according to the standards established in the industry for the type of work to be performed and as outlined in the RFQ.

6.3 Indemnification

a. Proposer must indemnify, defend, and hold harmless MCS, its officers, agents and employees from any claims, penalties, damages, costs and attorney fees (“Expenses”) arising from injuries or damages resulting from, in part or in whole, the negligent or intentional acts or omissions of contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, in connection with the performance of any Agreement entered, and, Expenses arising from any failure of Contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

b. Pursuant to Tennessee Attorney General Opinion 93-01, MCS will not indemnify, defend or hold harmless in any fashion Proposer from any claims arising from any failure, regardless of any language in any attachment or other document that Proposer may provide.

6.4 Terms for Payment

Payment for services delivered will be thirty (30) days from the date of the invoice.

6.5 Assignment

The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of any contract award or any or all if its rights, title or interest therein, without prior written consent of MCS. Such consent by MCS shall not relieve the assignor of liability in the event of default by the assignee.

6.6 Insurance

The successful Proposer shall maintain at least the following commercial insurance policies for the duration of the Contract in the amounts specified:

▪ Workers’ compensation and employer’s liability insurance – Workers’ compensation in compliance with the applicable State and Federal laws; employer’s liability with a limit of $1,000,000 per occurrence.

▪ Comprehensive general liability insurance – insurance including blanket contractual, broad form property damage, completed operations, and independent contractor’s liability, all applicable to personal injury, bodily injury, and property damage to a limit of $1,000,000 per occurrence and $2,000,000 aggregate.

▪ Technology errors and omissions insurance with minimum coverage of $500,000 per claim.

Such insurance policy shall include, at a minimum, coverage for data breach, data loss, and expense reimbursement. In addition, Proposer must notify MCS if the insurance policy is renewed, cancelled, or altered in any manner and provide written documentation of such alteration.

▪ Professional liability insurance with minimum coverage of $1,000,000 per occurrence.

The selected Proposer must provide MCS with the required insurance certificates and endorsements naming MCS as an additional insured on the liability coverages prior to contract execution.

6.7 Background Check

Pursuant to T.C.A. & 49-5-413, successful Proposer and any subcontractors must agree to a background check, which requires a criminal history records check conducted by the TBI and the FBI, for each employee prior to permitting the employee to enter school grounds when students are present.

6.8 Tobacco Free School

Pursuant to Murfreesboro City Schools Board Policy 1.803 and State law, the use of tobacco and tobacco products, including smokeless tobacco, is prohibited on all of Murfreesboro City Schools’ property. The successful Proposer and all employees and/or subcontractors of Proposer must abide by this policy.

6.9 Scope of Insurance and Special Hazards

The insurance required under the preceding paragraphs shall provide adequate protection for the successful Proposer and any sub-contractors against damage claims that may arise from operations under this contract, whether such operations are by the insured or by anyone directly or indirectly employed by the successful Proposer.

6.10 Governing Law and Venue

The contract will be governed by the laws of the State of Tennessee. Venue for any action shall be in the applicable court for Rutherford County, Tennessee.

6.11 Compliance with Laws

The Proposer’s contract shall comply with applicable Federal, State, and local statutes, rules, and regulations. The appropriate regulatory authorities shall approve Proposers, if any, in the State of Tennessee to provide the services herein described.

7) Guidelines for this Request for Qualifications

7.1 Basis for Proposals

Only information supplied by MCS in writing should be used in the preparation of a proposal. Oral and other interpretations or clarifications shall not be binding. Proposers must acknowledge any subsequently issued addenda via OpenGov.

7.2 Proposer Terms and Conditions

The Proposer must submit a complete set of any additional terms and conditions that it proposes to have included in contract negotiations with MCS with its proposal. MCS will not accept any contract term limiting Proposer’s liability to the amount of the contract. Additionally, the Proposer must submit any and all documents/agreements MCS must sign with its proposal.

7.3 Disclosure of Proposals

As a matter of state law, each Proposer’s RFQ response in its entirety will become a public record after completion of the selection process. The content of any proposal will not be disclosed to other Proposers during the selection process.

7.4 Late Proposals

Proposals must be received via the procurement portal, OpenGov, on or before the published proposal due date and time. Any proposal received after the time and date set for receipt of proposals will be late and, at the discretion of MCS, may not be considered.

7.5 Signing of Proposals

The submission and signature of a proposal shall indicate the intention of the Proposer to adhere to the provisions described in this RFQ and therefore must be signed by a representative with the authority to do so.

7.6 Cost of Proposal

This RFQ does not commit MCS to pay any costs incurred by any Proposer in preparation and/or submission of a proposal or for procuring or contracting for the items to be furnished under the RFQ. All costs directly or indirectly related to responding to this RFQ (including all costs incurred in supplementary documentation or on-site interviews) until contract execution will be borne by the Proposer.

7.7 Conflict of Interest, Non-Collusion and Anti-Lobbying

The Proposer promises that its officers, employees or agents will not attempt to lobby or influence a vote or recommendation related to the firm’s proposal, directly or indirectly, through any contact with MCS School Board members or MCS employees between the release of this RFQ and award of contract by MCS and that there will be no collusion and no conflict of interest.

7.8 Ownership of Proposals

All documents submitted in response to this RFQ shall become the property of MCS.

7.9 Disqualification or Rejection of Proposals

Proposers may be disqualified for any of the following reasons:

• The Proposer’s proposal does not satisfy the technical, or service specifications set forth in this RFQ;

• There is reason to believe that collusion exists between or among two or more Proposers;

• The Proposer is in arrears on an existing MCS contract or has defaulted on a previous MCS contract;

• The Proposer lacks financial stability;

• The Proposer has failed to perform under a previous or current MCS contract;

• The Proposer has failed to adhere to one or more of the provisions established in this RFQ;

• The Proposer has failed to submit its proposal in the format specified herein;

• The Proposer has failed to submit its proposal on or before the deadline established herein; or

• The Proposer has failed to adhere to generally accepted ethical and professional principles during the proposal process.

7.10 Right to Waive Irregularities

Proposals shall be considered irregular if they show any omissions, alterations of form, additions, conditions not called for, or irregularities of any kind.

MCS reserves the right to waive irregularities. The MCS also reserves the right to waive any mandatory requirement…