Loading...
HomeMy WebLinkAboutGeneral Conditionscr:eage B1D R�Q.W$>:I The "Bidder Acknowledgement Section" must be completed, signed and returned with the bid. The Bid Summary Sheet pages on which the bidder actually submits a bid, and any pages, upon which information is required to be inserted, must be completed and submitted�ae the bid. ISBqulremer es the right to reject any bid that tails to comply a} BIDDER'S be ed pages of � bid+s the and all attachments s ttheetobidder a a received and all that all numbered peg addendum released are received prior to submitting a bid without regard to how a #herein on this iTB was attached b sdocumenAll s and on ny addenda issuedthereto. itions specified b) n1D SUBMITTED: Completed ep bid mwriter be one front of theed in a led envelope with bid envelope Bids must numbertime and stamped clearly type Management and Logistics Department on or be time In the Supply before 2:00 p.m. ET on date due for bid to be considered. Bids will be opened at 2:00 p.m, ET on date due. Bids submitted by teiegraphiaor facsimile transmission will not be accepted. c) EXECUTION OF BID: Bid must contain an original manual signature of an ted authorized representative anprice correctionspace sd above. Isnecesssalbids ry, drawl be compIngle line inink orrype 'through the entered figure and enter the correctimasued figure or use an opaque Ananuecarrectbn fluid. ggBC reserves the right to releegible a entries or price cs id ‘0r comleteorrectlonnot inl0aIn eeied.ii or any bid that contains ERgagiaMIL Deduct trade discounts and quote firm net prices. Give both unit price and extended total. Prices must be stated In units to amountityspecified the bid, the bidding specification. In case of discrepanq 9 Unit Price quoted will govern. All d dder s and bears fre pncesht charges). Bidder shall he r owns goods in transnation it and freight claiims unless otherwise stated nhSpecia stated In Special Conditions. Disoouns for prompt payment; Award, If made, will be in accordance with terms and conditions statedheeoretemin. Eachs with any stbe bid ism opal amely . and no attempt Is to be made to tie any iteeeitariALINIIj, If a bidder offers a discount or offers terms less than Net 30, it is understood that a minimum of 30 days will be required for payment, and If a payment discount Is offered, the discount time will be computed from the date of satisfactory delivery at place of acceptance and receipt of correct Invoice at the office specified. a) TAXES: The School Board of Broward County, Florida does not pay Federal Excise and State taxes on direct purchase of tangible personal property. The applicable tax exemption number is shown on the purchaseoorder. e �nsrac exem won does f321 apply to purchases of tangible personal property use the tangible personal property in the performance at contracts for the improvement of School Board owned real property as defined in Chapter 192 of the Florida Statutes. b) MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid priees and extensions, and all Instructions pertaining to supplies services. Failure to do so will be at bidder's risk. c) CONDITION AND PACKAGING; It Is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid) unless otherwise specified. All containers shall be suitable tor storage or shipment and all prices shall include standard commercial packaging. d) UNDERWRITERS' LABORATORIES: Unless otherwise stipulated In the bid, all manufactured Items and fabricated assemblies shall be UL listed where such has been established by UL for the item(s) offeredandfurnished.ent testing of theUL listing, bidder may substitute a listing by an recognized by OSHA under the Nationally Recognized Testing Laboratories (NRTL) Reoognttion Program. SECTION 3, GENERAL CONDITIONS 3. Mg= Samples of items, when required, must be furnished tree of expense within five working days of request unless otherwise stated and, it not destroyed. will. upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within 30 days after bides be labeled mples h low lilre s disposed of after 30 days. Each individual sample name, bid number and item number. Failure of bidder to either deliver required samples or to clearly identify samples as indicated may be reason for rejection ol the bid. Unless otherwise indicated, samples should be delivered to the office at the Supply Management and Logistics Department al The School Board of Broward County, Florida, Suite 323, 7720 West Oakland, Park Boulevard, Sunrise, Florida 33351-6704. 4. Man Ali deliveries shall be F.Q.B. destination point. Unless actual date of delivery is specified (Or II specified delivery cannot be met), show number of days required to rake delivery after receipt of purchase order in space provided. Delivery time may become a basis for making an award (see Special Conditions). Delivery shall be within the normal working hours of the user, Monday through Friday. excluding legal holidays and days during which the school district administration is closet 5. thIMPEIEBERIL Any questions concerning conditions and specifications must be submitted in writing and received by the Department of Supply Management and Logistics no later than ten working days, or 'as stated in the Special Conditions, prior to the original bid opening date. if necessary, an Addendum will be issued. 6. Malan In the best interest of the School Board, the Board reserves the right to: 1) withdraw this bid at any time prior to the time and date specified for the bid opening; 2) to reject any or all bids received when there are sound documented basin ss reasons that serve the best Interest of SBBC; 3) to accept any item or group of hems unless qualified by bidder, and 4) to acquire additional quantities at prices quoted on this ITB unless additional quantities are not acceptable, in which case, the bid sheets must be noted 'BID s this bid shallconform applicable Florida hsPECIFIED QUANTITY Statutes. All awards made as a result 7. BID OPENING., Shall be public, on the date and at the time specified on the bid form. All bids received after that time shall not be considered, S. INGi In submitting a bid, bidder agrees not to use the results therefrom as a part of any commercial advertising without prior approval of the School Board. & • Inspection and acceptance will be at destination unless otherwise provided. Title tolor risk of loss or dam$gru tonleall s Items s shall be the responsibility of the awardee until acceptance by the buy r damage resulting from negligence by the buyer. if the materials or services supplied to the Board are found to be defective or not conform to specifications, the Board reserves the right to cancel the order upon written notice to the seller and return product at awardee's expense. 10. Etinatal Payment will be made by the buyer after the Items awarded to a vendor have been received, inspected, found to comply with award specifications and free ol damage or defect and properly invoiced. 11. rQNF1_ICT OF INTEREST In addition to hill and complete adherence to the requirements provided in Chapter 112.313, Florida Statutes, ell bidders mu et disclose with their bid the name of any officer, director, or agent who has a material interest In the bidder's firm and who Is also an employee o1 The School Board of Broward County, Florida. 12. WENN= Bidder, by virtue of submitting a bid, shall be in full compliance with paragraph 21: uABILITY INSURANCE, UCENSES AND PERMITS of the General. Conditions. Insurance Requirements are shown in. FORMS AND ATTACHMENTS Section ol this ITB. Bidder shall take special notice that SBBC shall be named as an additional insured under the General Liability policy including Products Liability. The insurance oolrcies shall be issued by companies oualifiad to do business in the State pf Florida and orantlhe School Board otbrowardCouniv—Florida thirty days gl advanced The insurance companies must be rated at least A•V1bv AM Best or Aa3 bv Moxba. ed, e) alBIDDER'SreorCONDITIONS: Biwa . The Board specitions and fically reserves the right to cations shall not be reject altered or conditioned in any Y• a conditional bid. Revised 2/3/2035 Broward County Public Schools Is AnE Equal Opportunity/Equal Access Employer difference of opinion as to the items to be furnished illE hereurtdar, the decision o the $tthoo 1�,$i Icase of soy doubt or I Board shall be final and binding on both parties. e As of the Bid Opening Date, Bidder must have all Licenses, Certifications and Registrations required when I performing the services as described herein, in order for Bid to be considered a responsive and responsible Bid. Licenses, Certifications and Registrations required for this Bid shall be as required by Chapter 489, Florida Statutes, as currently enacted or as amended from time to time; by the State Requirements tor Educational Facilities (SREF), latest version; and by Broward County, Florida. Bidder must submit a copy of all its current Licenses, Certifications ands Reof gistrations required as described herein, either with its Bid or within five working Y An awardee who has any License, Certification or Registration either suspended, revoked or expired after the date of the Bid Opening, shall provide notice to the Director of Supply Management and Logistics within five working days of such suspension, revocation or expiration. However, such suspension, revocation or expiration after the date of the Bid Opening shall not relieve the awardee of its responsibilities under a contract awarded under this bid. The awardee, without exception, shall indemnity and save harmless The School Board of Broward County, Florida and It's employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpalented Invention, process, or article manufactured or used in the performance of the contract, including Its use by The School Board of Broward County, Florida. It the awardee uses any design, device, or materials covered by letters, patent, or copyright, it is mutually understood and agreed without exception that the bid pries .shall Include all royalties or cost arising from the use of such design, device or materials In any way involved In the work. MI; The awardee warrants that the product supplied to The School Board of Broward County Florida shall conform In all respects to the standards set forth In the with this condition will be considered as a breach of contract, amended, and the failure to comply IMIALSegfigifign The Superintendent or Designee has the authority to issue ivi Special Conditions and ' Specifications as required for Generadual bis. Any ndsd alll Special Conditions that mayvary front precedence. 8ANThatrinlatinn The bidder certifies that he or she is in compliance with the non-discrimination clause contained In Section 202, Executive Order 1124tor 6, allas amended by Executive Order 11375, relative to equal employment opportunity persons without regard to race, color, religion, sex or national origin. The School Board of Broward County, Florida, prohibits any policy or procedure which results in discrace, religionnation on sexualiis of age, orientation.color, disability, gender, national origin, marital status, 19, MIA All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new unless otherwise specified. The items bid must be new, the latest model, of the best quality and highest grade workmanship. • Where awardees are required 20.to deliver materials or perform work or services vir or go onto hoot bidlt of a Boardw property Hold Harmless grement stated uhe in and willaassume the rd, the ntfullduty eobligation eand expense of obtaining all necessary licenses, permits and insurance. The awardee shall be liable for orarty damages awardee to the gas desioard gnated In thye completion of the contract ot the awardeeas a resultor t or arty tie of their bid. • Bid 2i. bonds, when required, shall be aubmltied with the bid in the amount specified in Specie l Conditions. Bid bonds will be returned to unawardees. After acceptance of bid, the Board will notify the awardee to submit a performance bond and certificate of insurance In the amount specified in,Special Conditions. Upon receipt of the performance bond, the bid bond will be returned to the awardee, DEFAILLAWItal• In the event of a default on this contract, the dggefaulting party she I pay all apelleevels, Inand any action brougurt costs httoto enforce the andcollectdam damages at both the trial and appellatethe non -defaulting party to enforce this contract shall berom the default, Any action by shall Instituted and prosecuted waithe ves veAue in any osier un�sd jurisdiction. BrowardCounty, Florida, and the defaulting party 22. Revised 213I2005 23. 1n the event any of the provisions of this bid are violated by the contractor, the Supenntendent shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within five days, recommendation will be made 10 the School Board for immediate cancellation. The School Board of Broward County, Florida reserves the right to terminate any tdays erresulting es item notice from this invitation at any time and for no reason, upon giving to the other party. 24 RI r ING INSTRUCTIQNS.: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in duplicate to the Accounts Payable Department of The School Board of Broward County, Florida, Suite 304, 7720 West Oaidand Park Blvd, Sunrise, Florida 33351.6704.a Paymaccent will lllce made a minimum of 30 days after delivery, authorized Inspection When vendors are directed to send invoices to a school, the school will make direct payments to the vendor, Recei+ring 25. urs are on' y throug nday (excluodiirngg : ga • ys a • • : yes . uri which warehouse schooldistrict no longer administration csble is by the Seaboard Coast Line siding for aill car warefiouse i routing. 26. If ITUTf14d8: The School Board of Broward County, Florida WILL NOT accept substitute s ipments of any kind. Awardees are expected to furnish the brand quoted in their bid once awarded by the School Board. Any substitute shipments will be retumed at the awardee's expense. 27. FACILITIES: SBBC reserves the right to inspect the awardee's facilities at any time with prior notice. SBBC may use the information obtained from this In determining whether a bidder is a responsible bidder. by 28. �; Bidders desiring a copy of bid tabulation may request enclosing a self-addressed stamped envelope with bid. Bid tabulation will be mailed after completion of the rules shown in School Board Policy 3320. 29. AMISNAtipistIVISALREIMUTATIMUI• Ail building materials, pressed boards, and furniture supplied to SBBC shall be 100% asbestos fr s. It Is desirous that all building materials, pressed boards and furniture supplied to the School Board also be 100% formaldehyde free. Bidder, by virtue elof pressed certifies by signing bid that, If awarded this bid, only budeng boards, and/or furniture that is 100% asbestos free will be supplied. 30. AS$1GTWENT Neither any award of this Bid nor any interest in any rty Fiaward t the prior Bid may be assigned,h Director, or encumbered nt and Long Department written consent from the Director, Supply 31. LAIEtl.Sl Ni In addition to any extension options contained herein, SBBC is granted the right to extend any award resulting from this bid for the period of lime necessary for SBBC to release, award and Implement a replacement bid for the goods, products and/or services provided through this bid. Such extension shall be uexercison e of this me extension right. andrices, terms period of any extensioconditions as existing ot the time n under this provision shall not be for a period In excess of six months from (a) the termination date of a contract entered into as a result of this bid or (b) the termination dale under any applicable period of extension under a contract entered into as a result of this bid. 32. giagriaLuggLItiLIELMESAlwai The apparent silence of this specification and any Addendum regarding any details or the omission from the specification of a detailed description concerning any point shall be regarded as meaning that only the best available units shall be provided and they at commercial are practices are to prevail, and that only materials and workmanship to be used. All interpretations of this specification shall be made upon the basis of this agreement. 33, ci faurTTAL of INVOICES: All bidders are hereby notified that any invoice submitted as a result of the award of this bid must be in the same format as any purchase order released as a result of the award � thls leg purchaseon the Jnvoice must reference a_corrre>Dondino_shafa Qmgr, A single Invoice line must not correspond to or commingle the cost shown an multiple purchase order lines. An invoice submitted that does not follow the same tormat and line numbering as shown on the purchase order will be deemed to be not correct and may be returned to the the correction. Address for submitting invoices is isAccounts Purchase Order. Department for This bid and the corresponding purchase orders will 34, terms and constitute the comp ate agreement. SB13C will not accept proposed conditions that are different than those contained in this Invitation to Bid, including pre-printed text contained on catalogs, price Ilste, other descriptive Intonation submitted or any other materials. By virtue of submitting a bid, vendor agrees to not submit to any SBBC employee, for signature, any document that contains terms and conditions that are different than those contained herein and that In the event any document said any term not be binding o ml or condition that 36Bfrom C those contained herein is executed, Broward County Public Schools is An Equal Opportunity/Equal Access Employer Page 3 released thereto, shall file a no atter the receipt of the bid or Addendum and shall file a formai written protest within ten calendar days after the date the notice of protest was filed. The time provided for v:;iing a notice of protest shall be based upon whenevera onbireceives ce any Adis s bidum d, or any Addendum released thereto. Recelpt of a copy athis released thereto, which is received in accordance with Chapter 119, . Fonda Statutes, or School Board Polley 1343, as currently enacted or as amended from time to time, shall Bat be used as a basis for filing a notice of protest as described herein. Saturdays, Sundays, legal holidays and days during which the school district administration is closed shall be excluded in the computation of the 72 consecutive hours. It the tenth calendar day falls on a Saturday, Sunday, legal holidays and days during which the school district administration is closed, the formal written protest must be received on or before 5:00 p.m. ET of the next calendar day that is not a Saturday, Sunday, legal holiday and days during which the school district or as amended is closed. Section 1, sees that "The formal rittencurrently shall state or as amended from time to time, with particularity the facts and law upon which the protest is based". Failure to fife a notice of protest or to file a formal written protest within the time proscribed by Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under School Board Policy 3320 and Chapter 120, Florida Statutes. The failure to post the bond required by School Board Policy 3320, Part VI, within the time prescribed by School Board Policy 3320, Part VI, as currently enacted or as amended from time to time, shall constitute a waiver of proceedings under School Board Policy 3320 and Chapter 120, Florida Statutes. Notices el protest, formal written protests, and the bonds required by School Board g Iicy t and 3320, Part Logistics, VI, shall hall • be filed at the attics of the Director of Supply ite ax West lwill not be acceeptableulor the �fiil33351unrise, Florida filing of bonds quiredfby73 h of Board ). Fax tiling Policy 3320, Part VI. -- Bkd Recommendations Management and Logistics Department and Tabulations will be posted in the Supply Mans 9 and www,demandstar;corp on pECEMBER 22. 2006 at 3:00 o,m. ET and will remain posted for 72 consecutive hours. Any change to the date and time established herein for posting of Bid Recommendations/Tabulations shall be posted in the Supply Management and Logistics Department and/or at legal emangsarsoID (under the document section for this ITB). In the event the date and time of the posting of Bid Recommendations/fabulations is changed, It is the responsibility of each bidder to ascertain the revised dale of the posting of Bid Recommendations/Tabulations. Arry person desiring to protest the intended decision shall file a notice of protest, in writing, within 72 consecutive hours atter the posting of the bid tabulation (or receipt of written notice of intended decision) and shall file a formal written protest within ten calendar days atter the date the ��ceoff protest was filed. A written notice of intended decision shall only apply the Supply Management and Logistics Department gives notice of an intended decision about this bid. A written notice of Interred decision received in accordance with Chapter 119, Fonda Statutes, or School Board Policy 1343, as currently enacted or as amended from time to time, shall r gt be used as a basis for filing a notice of protest as described herein. Saturdays, Sundays, legal holidays and days during which the school district administration Is closed shall be excluded In the computation of the 72 ay falls on a Saturday, Sunday, legal hconsecutive hours.dyIf ing tenth h hcetheensscc�l district administration Is closed, the hattdays and days during formal written protest must be received on or before 5:00 p.m. of the next calendar day that is not a Saturday, Sunday, legal holiday and days during which the school district administration is closed, No submissions made after the bid opening amending or supplementing the bid shall be considered. Section 120.57(3)(b}, Fonda Statutes, as current, enacted or as amended from time to time, states that "The formal written protest shall state with particularity the facts and law upon which the protest Is based". Any person who files an action protesting an intended decision shall pot with the School Board, at the time of filing the formal written protest, a bond, payable to The School Board of Broward County, Florida, in an amount equal to one percent (1%) of the Board's estimate of the total volume of the contract. The School Bedard shall provide the estimated contract amount to the vendor within 72 hours, excluding Saturdays, Sundays and other days during which the School Board administration is closed, of receipt of notice of intent to protest. The estimated contract amount shall be established on the award recommendation as the 'contract award amount'. The estimated contract amount is not subject to protest pursuant to Section lfallcosts which maybe adjudged () Florida Statutes. bond against the conditioned upon the payment o protestant in an Administrative Hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, the School Board may accept a cashier's check, official bank check on money order In the amount of the bond. if, after completion of the Administrative Hearing • Any person desiring to 36. (Continued): process and any appellate court proceedings. the School Board prevails, epeprotestoifications in this bid, or any Addendum subsequently and then the School Board shall recover all costs and charges which shall be included lice of protest, in writing, within 72 consecutive hours in the Final Order or judgment, including charges made by the Division of Administrative Hearings, but excluding attomey's fees. Upon payment 01 such costs and charges by the protestant, the bond shall be returned. If the protestant prevails, then the protestant shall recover from the Board all costs and charges which shall be included in the Final Order or judgment, excluding attorneys fees. Failure to file a notice of protest or to file a formal written protest within the time prescribed by Section 120,57(3), Florida Statutes, shell constitute a waiver of proceedings under School Board Policy 3320 and Chapter 120, Florida Statutes. The failure to post the bond required by School Board Policy 3320, Part VI, within the time prescribed by School Board Policy 3320, Part VI, as currently enacted or as amended from rime to time, shall constitute a waiver of proceedings under School Board Policy 3320 and Chapter 120, Florida Statutes. Notices of protest, formal written protests, and the bonds required by School Board Policy 3320, Part VI, shall be fated at the office of the Director of Supply Management and Logistics, 7720 West Oakland Park Boulevard, Suite 323, Sunrise, Florida 33361 (fax 764-321-0935). Fax filing will not be acceptable for the filing of bonds required by School Board Policy 3320, Part VI. 37. SUBMITTAL OF idders are reminded that it is the sole responsibility of the BIDDER to assure that 1their All bbid is time stamped in the SUPPLY MANAGEMENT AND LOGISTICS DEPARTMENT on or before 2:00 p.m. ET on date due. The address for bid submittal, including hand delivery and overnight courier delivery, is indicated as: 7720 West Oakland Park Boulevard, Suite 323, Sunrise, Florida 33351. The bidder is fully and completely responsible for the payment of all delivery costs associated with the delivery of their bid or related material. The Supply Management and Logistics Department will not accept delivery of any bid or related material requiring the School Board to pay for any portion of the delivery cost or the cotnplete delivery cost. Pnor to bid submittal, It is the responsibility of the bidder to be certain that all addendum released have been received, that all addendum requirements have been completed, and that all submittals required by the addendum have been timely filed, (See General Condition 1.) 38. JACKING SLIPS: It will be the responsibility of the awardee to attach ail packing slips to the OUTSIDE of each shipment. Packing slip must reference SBBC purchase order number/control number. Failure to provide packing slip attached to the outside of shipment will result in refusal of shipment at vendor's expense. 39. USE OF OTHER CONTRACTS; SBBC reserves the right to utilize any other SB4111/ contract, any State of Florida Contract, any contract awarded by any other city or county governmental agencies, other school board, other community college/state university system cooperative bid agreement, or to directly negotlate/purchase per School Board policy and/or State Board Rule 8A-1.012, as currently enacted or as amended from time to time, in lieu of any offer received or award made as a result of this bid If it is in its best interest to do so, 40. JNDEMNIFICATION; This General Condition of the bid is NOT subject to negotiation and any proposal that fails to accept these conditions will be rejected as nonresponsive". a) SBBC agrees to be.fully responsible for its acts al negligence, or its agents' acts of negligence when acting within the scope of their employment and agrees to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by SBBC. Nothing herein shall be construed as consent by SBBC to be sued by third parties in any matter arising out of any contract. b) VENDOR agrees to indemnity, hold harmless and defend SBBC, its agents, servants and employees from any and all claims, Judgments, costs and expenses including, but not limited to, reasonable ettorney's tees, reasonable investigative and discovery costs, court costs and all other sums which SBBC, its agents, servants and employees may pay or become obligated to pay on account of any, all and every claim or demand, or assertion of liability, or any claim or action founded thereon, arising or alleged to have arisen out of the products, goods or services furnished by the VENDOR, its agents, servants or employees; the equipment of the VENDOR, Its agents, servants or employees while such equipment Is on premises owned or controlled by SBBC; or the negligence of VENDOR or the negligence of VENDOR'S agents when acting within the scope of their employment, whether such claims, judgments, costs and expenses be for damages, damage to property including SBBC's property, and injury or death of any person whether employed by th• VENDOR, SBBC or otherwise. Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 4 Revised 213/2005 Milartitararahlt Section 287.133(2j(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a 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 constriction or repair ol a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant und erg in excess of mntract with ye putblic entityamounn may nol transact business with any public provided in Section 287.017 for CATEGORY on the W convicted ven$25,000]dor for a period of 36 months from the date of being placed Executive Order 12549, as currently enacted or as amended from time to time, provides that, to the extent permitted by law, Executive departments and agencies shall participate in a govemmentwide system tor nonprocurement debarment and suspension. A person who is debarred or suspended shall be excluded from Federal financial and nonfinancial assistance and benefits under Federal programs and activities. Except as provided in § 65.200, Debarment or Suspension, § 85.201, Treatment of Title IV HEA participation, and §85.215, Exception provision, debarment or suspension of a participant in a program by one agency shall have govemmentwide effect. A lower tier covered transaction is, in pad, any transaction between a participant [SBBC) and a person other than a procurement contract for goods or services, regardless of type, under a primary covered transaction; and any procurement contract for goods or services between a participant and a person, regardless of type, expected to equal or exceed the Federal procurement small purchase threshold fixed at 10 U.S.C. 2304(g) 1 U.S.C. 263(g) (currently $100,000) under a primary covered transaction; or any procurement contact for goods or services between a participant and a person under a covered transaction, regardless of amount, under which that person will have a critical influence on or substantive control over that covered transaction. A participant may rely upon the certification of a prospective participant in a lower tier covered transaction that it and its principals are not debarred, suspended, proposed for debarment under 48 CFR part 9, subpart 9.4, ineligible, or voluntarily excluded from the covered transaction, unless It knows that the certification Is erroneous. Each participant shall require participants in lower tier covered transactions to Include the certification for it and its principals in any proposal submitted in connection with such lower tier covered transactions. ygFiTIFtCATfON a) The prospective lower tier participant certifies, by submission ol this proposal, that neither it nor its principals is presently debarred, suspended, proposed tor debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 43. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the bid opening because of a disability must contact the Equal Educational Opportunities Department at 754321.6187 or TDD 754.321.6188. Section 1011.14, Florida Statutes, prohibits SBBC from creating obligations on anticipation of budgeted revenues for a period In excess of one year, As such, SBBC may, during the contract period, terminate or discontinue the Items covered in this bid. This written notice will release SBBC of all obligations, subsequent to the termination date, in any way related to the items covered in this bld upon 30 days prior written notice to the ment between the parted ions must will iincluded Ii� idereas that rt do anyf not inclulease de these provisions. 45. kOBBYIST ACTIVITIES; Persons acting as lobbyists must state, at the beginning of their presentation, letter, telephone call, e-mail or facsimile transmission to School Board Members, Superintendent or Members of Senior Management, the group, association, organization or business interest she/he is representing. a) For purposes o1 School Board Policy 11008, as currently enacted or as amended from time to time, a lobbyist is defined as a person who for immediate or subsequent compensation, (e.g., monetary profit/personal gain) represents a public or private group, association, organization or business interest and engages in efforts to influence School Board members on matters within their official jurisdiction. b) For purposes of this Policy, a lobbyist is not considered to be a person representing school allied groups (e.g., PTA, DAC. Band Booster Associations, etc.) nor a public official acting in her/his official capacity. c) Lobbyists shall annually (July 1) disclose in each instance and for each client prior to any lobbying activities, their identity and activities by completing the lobbyist statement form which can be obtained from official School Board Records. School Board Member's Offices or the Superintendents Office. d) e lobbyist must disclose any direct business association with any current elected orrappointed official or employee or any immediate family member of the School Board. e) Senior -level employees (Pay Grade 30 and above) and School Board members are prohibited from lobbying activities for one year after resignation or retirement or expiration of the term of office. f) The Deputy to the Superintendent shall keep a current list of persons who have submitted the lobbyist statement form. 46. TIE BID PROCEDURES: When identical prices eled from be given two or more in vendors and all other factors are equal, priority for award shalt the following sequence: Y A business that certifies that it has implemented a drug -free workplace program shall be given preference In accordance with the provisions of Chapter 287.087, Florida Statutes, as currently enacted or as amended from time to time; The Broward County Certified Minority/Women Business Enterprise vendor; The Palm Beach or Miami -Dade County Certified Minority/Women Business Enterprise vendor; D The Florida Certified Minority/Women Business Enterprise vendor; The Broward County vendor, other than a Minority/Women Business Enterprise vendor; The Palm Beach or Miami -Dade County vendor, other than a Minority/Women Business Enterprise vendor; v The Florida vendor, other than a Minorfty/Women Business Enterprise vendor. Y If application of the above criteria does not Indicate a priority for award, the award will be decided by a coin toss. The coin toss shall be held publicly In the supply Management and Logistics Department; the tie low bid vendors invited to be present as witnesses. Included as a part of these bid documents Is a Form entitled SWORN STATEMENT PURSUANT TO SECTION 287.08L FLORIDA STATUTES. AS CURRENTLY gNACTED OR AS AMENDED FROM TIME TO TIME. ON PREFERENCE TQ BUSINESSES W1T [DRUG FREE WORKPLACE -PROGRAMS, This form ill be orderused by the bidder to certify that it has Implemented a drug -free workplace program. for bid to be considered, the Invitation to Bid form (Page 1 of this bid) must be properly signed in order for the bid to be considered. A bidder can not sign this form in lieu of properly signing the Imitation to Bid form. revised 2/3/2005 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 5 17. JitINORITYNWOMEN BUSINESS ENTERPRISE (MANBE1 PARTICIPATION: SBBC has a Minority/Women Business Enterprise (MiWBE) program. AN M/WBE is defined by SBBC as any legal entity, other than a joint venture, which is brganized to engage a,n commercial transactions and which is at least 51% owned and controlled by minority persons. If the bidder le a Certified M WBE by SBBC or by the Department o1 Management Services, Division of Purchasing, State of Florida, as per 'Chapter 287.0943, Florida Statutes, as currently enacted or as amended from time to time, bidder should indicate its certification number on the Bid Summary Sheet. For information on M/WBE Certification, contact the School Boards Supplier Diversity and Outreach Programs at 754.321-2290 or www.broward.k12.fl.us/supply/mwbe.htm. It is a goal of the School Board to incorporate at least five percent MIWBE participation In any award made as a result of this bid. II the bidder is not a Certified MIWBE, bidder should include, as an attachment to its bid, a plan to show how i1 will incorporate at least five percent MIWBE participation in any award received as a result of this bid. 48. $BBC ITEM IDENTIFICATION SYSTEM: The five digit, nine digit, or 13 character/digit item number shown in parenthesis at the beginning of an item on the Bid Summary Sheet represents the School Board's identification number for the item. It does not represent any manufacturer/distributor modeVpart number. 49. SBBC PHOTO IDENTIFICATION BADGE: )background Screening; Awardee agrees to comply with all the requirements of Sections 1012.32 and 1012.465, Florida Statutes, and that Awardee and all its personnel who (1) are to be permitted access to school grounds when students are present, (2) will have direct contact with students, or (3) have access or control of school funds will successfully complete the background screening required by the referenced statutes and meet the standards established by the statutes. This background screening will be conducted by SBBC in advance of Awardee or its personnel providing any services under the conditions described in the previous sentence. Awardee will bear the cost of acquiring the background screening required under Section 1012.32, Florida Statutes, and any fee imposed by the Florida Department of Law Enforcement to maintain the fingerprints provided with respect to Awardee and Its personnel. The Parties agree that the failure of Awardee to perform any of the duties described in this section shall constitute a material breach of this RFP/BiD entitling SBBC 10 terminate immediately with no further responsibilities or duties to perform under this Agreement. Awardee agrees to Indemnify and hold harmless SBBC, its officers and employees of any liability in the form of physical or mental Injury, death or property damage resulting in Awardee's failure to comply with the requirements of this section or Sections 1012.32 and 1012.485, Florida Statutes. SBBC Issued identification badges must be wom at all times, when on SBBC property, and must be worn where they are visible and easily readable. Each Individual, for whom a SBBC photo identification badge Is requested, must fill out the forme that are required, show his/her driver's license and social security card, and must be fingerprinted. A background check will be conducted for each badge applicant. SBBC reserves the right to require additional information, should it be necessary, and to deny the Issuance of a badge to an applicant. Any applicant, that has been denied a badge, Is prohibited from entering SBBC property as an employee, subcontractor or agent of a contract awardee. Effective immediately, the total fee for the SBBC photo identification badge, fingerprinting and a FBI background check is currently $75.00. The Money Order is to be made payable to "The School Board of Broward County, Florida". No Company or Personal Checks, nor Credit Cards are acceptable for these fees. These fees are non- refundable and are subject to change without notice. Badges are issued for a one year period and must be renewed annually. The renewal date will be one year from date of issuance. Failure to renew the badge, tthatfortime, will result in the vendor being required to reapply pay going g fingerprinting. Badges are to be returned to SIU at the end of the contract or at the time an employee is terminated. Failure to return the badge to SBBC may result in the final payment being withheld until the badges ere returned. For more information go to JmttoJ/www.browerd.kl2 fl.us/suoo vhvendor oage.htm 50. AUDIT AND INSPECTION OF AWARDEE'S DOCUMENTLAND RECO9DS: The District or its representative reserves the right to inspect and/or audit all the awardee's documents and records as they pertain to the products and services delivered under this agreement. Such rights will be exercised with notice to the awardee to determine compliance with and performance of the terms, conditions and specifications on � matters, rights and duties, and obligations established by this agreement. Documents/records in any form shall be open to the District or State's 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 the District and the awardee(s). 51. ORIGINAL DOCUMENT FORMAT; Only the terms and conditions of this solicitation as they were released by SBBC, or amended via addendum. are valid. Any modification to any term or condition by a vendor is not binding unless 11 is expressly agreed 10 in writing by SBBC. 52. OREDIT CARD% Individual schools and departments may place some orders and utilize, as the torn of payment, a District -issued credit card to the extent authorized by the School Board. These orders will be made via phone or lax for direct delivery and billing to the requesting work location. Please note that credit card purchases will benefit all vendors by providing immediate payment (i.e. within 48.72 hours), thereby eliminating the need to submit an invoice to the District's Accounts Payable Department or reconcile receivable balances. For credit card purchases, all vendors must have the capability to accept fax orders, which must be confirmed by calling back the requesting work location to verify prices and obtain a credit card number. Only actual Items shipped/delivered can be charged to the credit card account (i.e. no back -orders). All purchase deliveries must include a packing slip or receipt/invoice listing the Items and prices o1 goods delivered. For security reasons, the credit card charge receipt showing the work location's credit card number cannot be attached to the packing slip or receipt/invoice submitted as part of the purchase delivery. District work locations may request that a vendor maintains secure records of the credit card account assigned an alias or password, to avoid divulging the actual credit card number upon every purchase. 53. NONCONFORMANCE TO CONTRACT CONDITIONS: Items offered may be tested for compliance with bid conditions and specifications at any lime. items delivered, not conforming to bid conditions or specifications, may be rejected and returned at vendor's expense. Goods or services not delivered as per delivery date in bid and/or purcha order may be rejected upon delivery and/or may be purchased on the open market. A increase in cost may be charged against the awardee. Any violation of these stipulations may also result in: a) For a period of two years, any bid submitted by vendor will not be considered and will not be recommended for award. b) All departments being advised not to do business with vendor. THIS SPACE INTENTIONALLY LEFT BLANK Revised 213/2005 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 6