Ballasts

EVERY SCHOOL. EVERY CLASSROOM. EVERY STUDENT. EVERY DAY. Duval County Public Schools www.duvalschools.org Purchasing Services PH: (904)858-4848 1701 Prudential Dr., Suite 322 FAX: (904)858-4868 Jacksonville, FL 32207 February 23, 2024 Englewood Electrical Supply, Wesco Distribution ITB-027-23/LN – BALLASTS Dear Sir/Madam: On Wednesday February 7, 2024, the Superintendent’s designee of Duval County Public Schools renewed the contract for ITB-027-23/LN – BALLASTS. This is your official notification of contract renewal for the first of four possible renewal periods. The renewal is for March 1, 2024 to February 28, 2025. In accordance with Special Condition 8, your request for a 3% CPI increase has been approved. See attached revised tab sheet. The CPI increase will take effect at the renewal period which will begin March 1, 2024. Purchase orders will be issued for this service for the contract period indicated

above. If you have any questions about this contract, please contact Lucy Nasworthy at (904) 858-4846 or nasworthyl@duvalschools.org . Thank you for your interest in Duval County Public Schools Yours truly, Terrence T. Wright, Director Purchasing Services TTW/ln cc: Master bid file Anita Locke, Debowrah Stevens http://www.duvalschools.org/ mailto:nasworthyl@duvalschools.org ITB-027-23/LN BALLLASTS Bid Renewal: 03/01/2024 BID TABULATION Item DCPS # Description Qty Unit Price Extension Extension Ballasts (T8) for extended lamp life in frequent switching applications sure as those where occupancy sensors or motion detectors are being used; including new, low profile model fixtures. PCB free. UL listed. Fluorsescent bulbs operated: F17T8;F25T8;F32T8;F32T8/ES-25W; F32T8ES-28W; F32T8/ES- 30W 1 8522 Ballasts Electronic programmed start 120-277 Vac, (2) T8 lamps, multi-tab Type P energy saving, parallel wired , high efficiency class a sound rating (Phillips Advance - IOP-2PSP32-LW-SC) No Substitute 1,000 Each $18.18 $18,180.00 $19.21 $18,725.40 2 8523 Ballasts Electronic programmed start 120-277 Vac, (3) T8 lamps, multi-tab Type P energy saving, parallel wired , high efficiency class a sound rating (Phillips Advance - IOP-3PSP32-SC) No Substitute 300 Each $23.55 $7,065.00 $24.58 $7,276.95 3 8524 Ballasts Electronic programmed start 120-277 Vac, (4) T8 lamps, multi-tab Type P energy saving, parallel wired , high efficiency class a sound rating (Phillips Advance - IOP-4PSP32-SC) No Substitute 300 Each $22.67 $6,801.00 $23.70 $7,005.03 4 575 Ballast, Electronic, 120-277Vac (3) T8 Lamps, RS; multi tap type P Energy saving Class A sound rating Universal-B3321UNVHP-A0001) No Substitute 600 Each $15.78 $9,468.00 $16.81 $9,752.04 5 577 Ballast, Electronic, 120-277Vac (4) T8 Lamps, RS; multi tap type P Energy saving Class A sound rating Universal-B4321UNVHP-A010C) No Substitute 500 Each $16.89 $8,445.00 $17.92 $8,698.35 6 6807 Ballast, Electronic, 120-277Vac (2) T8 Lamps, RS; multi tap type P Energy saving Class A sound rating Universal-B2321UNVHP-N010C) No Substitute 2,000 Each $14.03 $28,060.00 $15.06 $28,901.80 Prepared by: Cammie Wise Verified by: Lucy Nasworthy Renewal Date: 03/01/2024 Award Renewal = ENGLEWOOD ELECTRICAL SUPPLY, WESCO DISTRIBUTION ENGLEWOOD ELECTRICAL SUPPLY, WESCO DISTRIBUTION RENEWAL 3/1/2024 Page 1 of 1 Dr. Diana L. Greene Superintendent of Schools EVERY SCHOOL. EVERY CLASSROOM. EVERY STUDENT. EVERY DAY. Duval County Public Schools www.duvalschools.org Purchasing Services PH: (904) 858-4848 1701 Prudential Dr., Suite 322 FAX: (904)858-4868 Jacksonville, FL 32207 February 1, 2023 Englewood Electrical Supply, WESCO Distribution RE: ITB-027-23/LN Ballasts Dear Sir/Madam: On Monday, January 23, 2023, the Superintendent designee of Duval County Public Schools approved the award of bid ITB-027-23/LN Ballasts. This is your official notification of bid award. This award is for the period from February 1, 2023 through February 28, 2024. Purchase orders will be issued for these items as needed during the bid period. If you have any questions regarding this bid, please contact Lucy Nasworthy at (904) 858-4846 or nasworthyl@duvalschools.org . Thank you for your interest in Duval County Public Schools. Terrence Wright, Director DCPS Purchasing Services Cc: Master Bid folder Debowrah Stevens, Anita Locke http://www.duvalschools.org/ http://www.duvalschools.org/ mailto:nasworthyl@duvalschools.org ITB-027-23/LN BALLLASTS Bid Opening: 01/12/2023 BID TABULATION Item DCPS # Description Qty Unit Price Extension Ballasts (T8) for extended lamp life in frequent switching applications sure as those where occupancy sensors or motion detectors are being used; including new, low profile model fixtures. PCB free. UL listed. Fluorsescent bulbs operated: F17T8;F25T8;F32T8;F32T8/ES-25W; F32T8ES-28W; F32T8/ES- 30W 1 8522 Ballasts Electronic programmed start 120-277 Vac, (2) T8 lamps, multi-tab Type P energy saving, parallel wired , high efficiency class a sound rating (Phillips Advance - IOP-2PSP32-LW-SC) No Substitute 1,000 Each $18.18 $18,180.00 2 8523 Ballasts Electronic programmed start 120-277 Vac, (3) T8 lamps, multi-tab Type P energy saving, parallel wired , high efficiency class a sound rating (Phillips Advance - IOP-3PSP32-SC) No Substitute 300 Each $23.55 $7,065.00 3 8524 Ballasts Electronic programmed start 120-277 Vac, (4) T8 lamps, multi-tab Type P energy saving, parallel wired , high efficiency class a sound rating (Phillips Advance - IOP-4PSP32-SC) No Substitute 300 Each $22.67 $6,801.00 4 575 Ballast, Electronic, 120-277Vac (3) T8 Lamps, RS; multi tap type P Energy saving Class A sound rating Universal-B3321UNVHP-A0001) No Substitute 600 Each $15.78 $9,468.00 5 577 Ballast, Electronic, 120-277Vac (4) T8 Lamps, RS; multi tap type P Energy saving Class A sound rating Universal-B4321UNVHP-A010C) No Substitute 500 Each $16.89 $8,445.00 6 6807 Ballast, Electronic, 120-277Vac (2) T8 Lamps, RS; multi tap type P Energy saving Class A sound rating Universal-B2321UNVHP-N010C) No Substitute 2,000 Each $14.03 $28,060.00 Prepared by: Cammie Wise Verified by: Lucy Nasworthy Date: 01/19/2023 Award = ENGLEWOOD ELECTRICAL SUPPLY, WESCO DISTRIBUTION Page 1 of 1 INVITATION TO BID www.duvalschools.org/purchasing December 12, 2022 Buyer: Lucy Nasworthy Phone: 904-858-4846 Bid Number: ITB-027-23/LN Bid Title: BALLASTS Term of Bid: From Date of award through February 28, 2024, with renewal options. Opening: Thursday, January 12, 2023, at 2:00 p.m. Bids received prior to this date and time will be opened in the Conference Room and may not be withdrawn for 120 days after opening. All bids received after the specified date and time will be returned unopened. Submit Bid To: DCPS Purchasing Services / 1701 Prudential Dr., Suite 322 / Jacksonville FL 32207 Special Requirements: None BIDDER ACKNOWLEDGEMENT This form must be completed, returned, and include an original signature for bid to be considered. By signing below, I attest that I have acquainted myself with the general conditions, special conditions and specifications of this bid, and agree to comply with them all. I certify that I am authorized to obligate on behalf of the bidder and that the address shown on this form is the company’s principal place of business. Bid documents shall be submitted in a sealed envelope clearly marked with this bid number, opening date and time. Legal Name of Firm: Mailing Address: City, State, Zip Code: Telephone: Toll Free: Fax: Email Address: Internet URL: Federal ID # or SS #: Duns #: If you are a certified minority, state certifying agency: Payments will be made in accordance with Florida Statute 218. Form of Payment accepted: Credit Card _____ or ACH _____ (see Special Condition #23) Initial Initial Delivery can be made within calendar days after receipt of order. Addenda through received. (if applicable) Original Signature of Authorized Representative: Printed/Typed Name of Authorized Representative: Title: Date: http://www.duvalschools.org/purchasing NOTICE TO BIDDERS The State of Florida has amended Chapters 283.35 and 287.084, Florida Statutes effective July 1, 2012. These amendments require political subdivisions of the state (with the exception of counties or municipalities) to give local preference in making purchases of printing services or personal property through a competitive solicitation process. Therefore, bidders who indicate on the Bidder Acknowledgement Form that their principal place of business is outside of the State of Florida shall also complete and submit with their bid the enclosed Opinion of Out-Of-State Bidder’s Attorney on Bidding Preferences. Failure of an out-of-state bidder to submit the completed form will render their bid non- responsive. LOCAL PREFERENCE: When the lowest bid is submitted by a firm whose principal place of business is outside of the State of Florida, a minimum five percent (5%) preference shall be given to bids submitted by firms whose principal place of business is within the State of Florida. If the state or political subdivision within which the out-of-state firm has its principal place of business maintains a local preference, the preference given to bidders from the State of Florida shall be of an equal percentage. OPINION OF OUT-OF-STATE BIDDER’S ATTORNEY ON BIDDING PREFERENCES (To be completed by the Attorney for any Bidder who is Out-of-State as indicated on the Bidder Acknowledgement Form. Failure of an Out-of-State Bidder to submit this form will render their bid non-responsive.) NOTICE: Section 287.084(2), Fla. Stat., provides that “a vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state [or political subdivision thereof] to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.” See below and see also s. 287.084(1), Fla. Stat. LEGAL OPINION ABOUT STATE BIDDING PREFERENCES (Please Select One) ______ The bidder’s principal place of business is in the State of ________________ and it is my legal opinion that the laws of that state do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that state. ______ The bidder’s principal place of business is in the State of ________________ and it is my legal opinion that the laws of that state grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that state: [Please describe applicable preference(s) and identify applicable state law(s)]: ____________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ LEGAL OPINION ABOUT POLITICAL SUBDIVISION BIDDING PREFERENCES (Please Select One) ______ The bidder’s principal place of business is in the political subdivision of ________________ and it is my legal opinion that the laws of that political subdivision do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision. ______ The bidder’s principal place of business is in the political subdivision of ________________ and the laws of that political subdivision grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision: [Please describe applicable preference(s) and identify applicable authority granting the preference(s)]: ______________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ Signature of out-of-state bidder’s attorney: ____________________________________________________________ Printed name of out-of-state bidder’s attorney: _________________________________________________________ Address of out-of-state bidder’s attorney: _____________________________________________________________ _______________________________________________________________________________________________ Telephone Number of out-of-state bidder’s attorney: (_____) _____ - _________ Email address of out-of-state bidder’s attorney: _________________________________________________________ Attorney’s states of bar admission: ___________________________________________________________________ IMPORTANT: Include with your bid the written legal opinion of the attorney licensed to practice law in the out-of- state jurisdiction, as required by s. 287.084(2), Fla. Stat. Such opinion should permit DCPS’s reliance on such attorney’s opinion for purposes of complying with s. 287.084(2), Fla. Stat. GENERAL CONDITIONS 1. RESERVATIONS: Duval County Public Schools reserves the right to reject any or all bids or any part thereof and/or waive informalities if such action is deemed in the best interest of Duval County Public Schools. Duval County Public Schools reserves the right to cancel any contract, if in its opinion, there be a failure at any time to perform adequately the stipulations of this invitation to bid, and general conditions and specifications which are attached and made part of this bid, or in any case of any attempt to willfully impose upon Duval County Public Schools materials or products or workmanship which is, in the opinion of Duval County Public Schools, of an unacceptable quality. Any action taken in pursuance of this latter stipulation shall not affect or impair any rights or claim of Duval County Public Schools to damages for the breach of any covenants of the contract by the contractor. Duval County Public Schools also reserves the right to reject the bid of any bidder who has previously failed to perform adequately after having once been awarded a prior bid for furnishing materials similar in nature to those materials mentioned in this bid. Should the contractor fail to comply with the conditions of this contract or fail to complete the required work or furnish the required materials within the time stipulated in the contract, Duval County Public Schools reserves the right to purchase in the open market, or to complete the required work, at the expense of the contractor or by recourse to provisions of the faithful performance bond if such bond is required under the conditions of this bid. Should the contractor fail to furnish any item or items, or to complete the required work included in this contract, Duval County Public Schools reserves the right to withdraw such items or required work from the operation of this contract without incurring further liabilities on the part of Duval County Public Schools thereby. SHOULD ANY BIDDER HAVE ANY QUESTIONS AS TO THE INTENT OF MEANING OF ANY PART OF THIS BID HE/SHE SHOULD CONTACT THE BUYER IN TIME TO RECEIVE A WRITTEN REPLY BEFORE SUBMITTING HIS/HER BID. All items furnished must be completely new, and free from defects unless specified otherwise. No others will be accepted under the terms and intent of this bid. 2. QUOTATIONS: No bidder will be allowed to offer more than one price on each item even though he/she may feel that he/she has two or more types or styles that will meet specifications. Bidders must determine for themselves which to offer. IF SAID BIDDER SHOULD SUBMIT MORE THAN ONE PRICE ON ANY ITEM, ALL PRICES FOR THAT ITEM WILL BE REJECTED AT THE DISCRETION OF THE DIRECTOR OF PURCHASING. 3. TAXES: Duval County Public Schools is exempt from the following taxes: (a) State of Florida Sales Tax by Certificate No. 85-8013988912C-0. 4. CARTAGE: No charge will be allowed for cartage or packages unless by special agreement. 5. OR ACCEPTABLE SUBSTITUTION: Even though a particular manufacturer’s name or brand is specified, bids will be considered on other brands or on the product of other manufacturers. On all such bids the bidder shall indicate clearly the product (brand and model number) on which he/she is bidding, and shall supply a sample or sufficient data in detail to enable an informed comparison to be made with the particular brand or manufacturer specified. All samples shall be submitted in accordance with procedures outlined in paragraph on SAMPLES. Catalog cuts and technical descriptive data shall be attached to the original copy of the bid where applicable. Failure to submit the above information may be sufficient grounds for rejection of bid. 6. DEVIATIONS FROM SPECIFICATIONS: In addition to the requirements of paragraph 5, all deviations from the specifications must be noted in detail by the bidder, in writing, at the time of submittal of the formal bid. The absence of a written list of specification deviations at the time of submittal of the bid will hold the bidder strictly accountable to Duval County Public Schools to the specifications as written. Any deviation from the specifications as written not previously submitted, as required by the above, will be grounds for rejection of the material and or equipment when delivered. 7. DATA REQUIRED TO BE SUBMITTED WITH REFERENCE TO BID: a. Whenever the specifications indicate a product of a particular manufacture, model, or brand in the absence of any statement to the contrary by the bidder, the bid will be interpreted as being for the exact brand, model, or manufacture specified, together with all accessories, qualities, tolerances, composition, etc., enumerated in the detailed specifications. b. If no particular brand, model or make is specified, and if no data is required to be submitted with the bid, the successful contractor, after award and before manufacture or shipment, may be required to submit working drawings or detailed descriptive data sufficient to enable Duval County Public Schools to judge if each requirement of the specifications is being met. 8. SAMPLES: The samples submitted by bidders on items which they have received an award may be retained by Duval County Public Schools until the delivery of contracted items is completed and accepted. Bidders whose samples are retained may remove them after delivery is accepted. Sample on which bidders are unsuccessful must be removed as soon as possible after award has been made on the item or items for which the samples have been submitted. Duval County Public Schools will not be responsible for such samples if not removed by the bidder within 30 days after the award has been made. Duval County Public Schools reserves the right to consume any or all samples for testing purposes. Bidders shall make all arrangements for delivery of samples to place designated as well as the removal of samples. Cost of delivery and removal of samples shall be borne by the bidder. All sample packages shall be marked “Sample for Purchasing Services” and each sample shall bear the name of the bidder, item number, bid number and shall be carefully tagged or marked in a substantial manner. Failure to the bidder to clearly identify samples as indicated may be considered sufficient reason for rejection of bid. 9. PERFORMANCE BOND: The successful bidder on this bid must furnish a performance bond if indicated on the bid cover, made out to Duval County Public Schools, prepared on an approved form, as security for the faithful performance of his/her contract within ten days of his/her notification that his/her bid has been accepted. The surety thereon must be such surety company or companies as are authorized and licensed to transact business in the State of Florida. Attorneys in fact who sign bid bonds must file with each bond a certified copy of their power of attorney to sign said bonds. The successful bidder or bidders upon failure or refusal to furnish within ten days after his/her notification the required performance bond, shall pay to Duval County Public Schools as liquidated damages for each failure or refusal an amount in cash equal to the security deposited with his/her bid. 10. GUARANTEE: The contractor shall unconditionally guarantee the materials and workmanship on all equipment furnished by him/her for a period of one year from date of acceptance of the items delivered and installed, unless otherwise specified herein. If, within the guarantee period, any defects or signs of deterioration are noted, which, in the opinion of Duval County Public Schools are due to faulty design and installation, workmanship, or materials, upon ratification, the contractor, at his/her expense, shall repair or adjust the equipment or parts to correct the condition, or he/she shall replace the part or entire unit to the complete satisfaction of Duval County Public Schools. These repairs, replacements or adjustments shall be made only at such times as will be designated by Duval County Public Schools as least detrimental to the operation of Duval County Public Schools business. 11. DISCOUNTS: all discounts to be included in bid price. 12. COLLUSION: the bidder, by affixing his/her signature to this proposal, agrees to the following: bidder certifies that this bid is made without any previous understanding, agreement or connection with any person, firm, or corporation making a bid for the same items; and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. 13. ERRORS IN BIDS: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids; failure to do so will be at the bidder’s own risk and he/she cannot secure relief on the plea of error. Neither law nor regulations make allowance for errors either of omission or commission on the part of bidders. In case of error in extension of prices in the bid, the unit price shall govern. 14. All bid responses are to be submitted in typewritten form or submitted in ink. Responses received in pencil will not be accepted. 15. LOCAL PREFERENCE: When the lowest bid for printing services or for personal property is submitted by a firm whose principal place of business is outside of the State of Florida, a minimum five percent (5%) preference shall be given to bids submitted by firms whose principal place of business is within the State of Florida. If the state or political subdivision within which the out-of-state firm has its principal place of business maintains a local preference, the preference given to bidders from the State of Florida shall be of an equal percentage. Bid No. ITB-027-23/LN CONFLICT OF INTEREST CERTIFICATE Bidder must execute either Section I or Section II hereunder relative to Florida Statute 112.313(12). Failure to execute either section may result in rejection of this bid proposal. SECTION I I hereby certify that no official or employee of Duval County Public Schools requiring the goods or services described in these specifications has a material financial interest in this company. ________________________________ ________________________________ Signature Company Name ________________________________ ________________________________ Name of Official (Type or print) Business Address ________________________________ City, State, Zip Code SECTION II I hereby certify that the following named Duval County Public Schools official(s) and employee(s) having material financial interest(s) (in excess of 5%) in this company have filed Conflict of Interest Statements with the Supervisor of Elections, 105 East Monroe Street, Jacksonville, Duval County, Florida, prior to bid opening. Name Title or Position Date of Filing ___________________________ ______________________ ___________________ ___________________________ ______________________ ___________________ _________________________________ ________________________________ Signature Company Name _________________________________ ________________________________ Print Name of Certifying Official Business Address ________________________________ City, State, Zip Code SUBMISSION OF BIDS Bids must be submitted prior to the time set for opening. Bids are to be delivered to Duval County Public Schools, Purchasing Services, 1701 Prudential Dr., Suite 322 / Jacksonville FL 32207. Bidders are fully responsible for delivery of bids. Reliance upon mail or public carrier is at the bidder’s risk. For bids delivered in person, it is the responsibility of the deliverer to obtain a delivery receipt from the Purchasing Services staff person who has received the bid. Late bids are not considered and will be returned unopened. Official time for the purpose of bid opening, will be calibrated using http://www.timeanddate.com/worldclock/results.html?query=jacksonville. ********* NOTE ********* Bid documents shall be submitted in a sealed envelope clearly marked with the bid number as found on the Bidder Acknowledgement page, opening date and time. Failure to do so will result in your bid being returned unopened. Faxed or e-mailed bids will not be accepted. BID OPENING PROCEDURES Bids will be opened publicly in the Conference Room at 2:00 p.m. Prices will be read upon the request of bidder(s) in attendance. Arrangements may be made to review bid documents at a later date. AWARD RECOMMENDATION AND BID TABULATION For Award Recommendation, refer to Special Condition titled “Posting of Bid Recommendation”. Bid Tabulation will be posted on the web after contract award has been made. www.duvalschools.org/purchasing or www.demandstar.com Bid results or award recommendations will not be given by telephone. POSTING OF BID TABULATIONS Bid tabulations will be posted at Duval County Public Schools, Purchasing Services Department, 1701 Prudential Dr., Suite 322 / Jacksonville FL 32207. Awarded vendors will receive an official Notification of Award letter after the Board has taken action. http://www.timeanddate.com/worldclock/results.html?query=jacksonville http://www.duvalschools.org/purchasing http://www.demandstar.com/ FEDERAL REGULATORY COMPLIANCE STATEMENT The purpose of this document is to assure compliance by the Contractor (defined as any individual or company who agrees to provide materials or services at a specified price) to those certain clauses, provisions and requirements as described by applicable Federal Regulations, which apply to any resulting agreement between The School Board of Duval County, Florida (the “District”) and the Contractor. By signature, the individual executing this statement attests that he/she possesses authority to obligate the contracting firm and agrees to comply with all clauses, provisions and requirements as described below throughout the term of the agreement. -------------------------------------------------------------------------------------------------------------------- 1. The Contractor agrees to allow reasonable access by the District, the Federal granting agency, the Comptroller General of the United States or any of their duly authorized representatives to the Contractor’s books, documents, papers and records which are directly pertinent to the contract for the purpose of making audit, examination, excerpts and transcriptions. 2. The Contractor agrees to maintain all records related to this agreement for a period of three years after the final payment for the agreement and after all other matters are closed. 3. The Contractor affirms that it is equal opportunity and affirmative action employer and shall comply with all applicable federal, state and local laws and regulations including, but not limited to: Executive Order 11246 as amended by 11375 and 12086; 12138; 11625; 11758; 12073; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans Readjustment Assistance Act of 1975; Civil Rights Act of 1964; Equal Pay Act of 1963; Age Discrimination Act of 1967; Immigration Reform and Control Act of 1986; Public Law 95-507; the Americans with Disabilities Act; 41 CFR Part 60 and any additions or amendments thereto. 4. The Contractor agrees to a provision for non-appropriations, whereby the contract will terminate if sufficient funds are not appropriated in any given fiscal year to allow the District to sustain the cost (if applicable). 5. The Contractor agrees to properly complete and submit to the District a federal debarment certification form for each renewal year of the Contract, if renewals apply. 6. The Contractor agrees to properly complete and submit to the District a non-collusion affidavit 7. The Contractor agrees to properly complete and submit to the District a federal drug free workplace certification form. 8. The Contractor agrees the District may terminate the contract at any time for any reason. If terminated for cause, the Contractor agrees the District may seek remedies for damages, if applicable. 9. The Contractor agrees to comply with all applicable environmental standards, orders or requirements. --------------------------------------------------------------------------------------------------------------------------------- CONTRACTOR: ______ PRINT NAME OF AUTHORIZED REPRESENTATIVE: ______ SIGNATURE OF AUTHORIZED REPRESENTATIVE: ___________________ TITLE: DRUG FREE WORKPLACE CERTIFICATION I hereby swear or affirm that this company has established a drug-free workplace program by completing the following requirements: 1) Published a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Informed employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Given each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notified the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction 5) Imposed a sanction on, or required the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. I understand that false certification of a drug-free workplace is a violation of Florida Statutes 287.087. _________________________________________ Contractor’s SIGNATURE/DATE _________________________________________ NAME/TITLE _________________________________________ Name of COMPANY CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. 1. The Contractor (or subcontractor) certifies to the best of its knowledge and belief that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal Department or Agency from doing business with the Federal Government. B. Have not within a three-year period preceding this contract have been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1.B. above of this certification. D. Have not within a three-year period preceding this contract had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the Contractor is unable to certify to any of the statements above in this certification, such Contractor shall attach an explanation to this Certification. ___________________________________________ Contractor’s SIGNATURE/DATE ___________________________________________ NAME/TITLE OF AUTHORIZED REPRESENTATIVE ___________________________________________ Name of COMPANY INSTRUCTIONS FOR COMPLETION OF NON-COLLUSION AFFIDAVIT 1. This Non-Collusion Affidavit is material to any contract awarded utilizing federal funds. 2. This Non-Collusion Affidavit shall be executed by the member, officer, or employee of the offering firm who makes the final decision on prices and the amount(s) quoted in the proposal. 3. Proposal rigging and other efforts to restrain competition and the making of false sworn statements in connection with the submission of offers are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit shall examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the respondent with responsibilities for the preparation, approval or submission of the offer. 4. In the case of an offer submitted by a joint venture, each party to the venture must be identified in the proposal documents, and an Affidavit must be submitted separately on behalf of each party. 5. The term “complementary offer” as used in the Affidavit has the meaning commonly associated with that term in the solicitation process, and includes the knowing submission of offers higher than the offer of another firm, an intentionally high or noncompetitive offer, and any other form of an offer submitted for the purpose of giving a false appearance of competition. 6. Failure to file a completed Affidavit in compliance with these instructions will result in disqualification of the offer. NON-COLLUSION AFFIDAVIT State of FLORIDA County of DUVAL I state that I am the of , a , and I am authorized to execute this affidavit on behalf of my firm, its owners, directors, and officers. I am the person responsible in my firm for the price(s), guarantees and the total financial commitment represented in the firm’s offer. I hereby attest that: (1) The price(s) and amount(s) in the offer have been arrived at independently and without consultation, communication or agreement with any other contractor, respondent, or potential respondent. (2) Neither the price(s) nor the amount(s) of the offer, and neither the approximate price(s) nor approximate amount(s) of the offer, have been disclosed to any other firm or person who is a respondent or potential respondent, nor were they disclosed prior to opening of offers. (3) The offer from my firm is made in good faith and no attempt has been made to induce any firm or person to refrain from submitting an offer, or to submit an offer higher than our offer, or to submit any intentionally high or noncompetitive offer or other form of complementary offer. (4) , its affiliates, subsidiaries, officers, directors, employees are not currently under investigation by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding, proposing or offering on any public contract, except as follows: I attest that , understands and acknowledges that the above representations are material and important, and will be relied on by The School Board of Duval County, Florida, in awarding the contract for which this offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from The School Board of Duval County, Florida, of the true facts relating to submission of offers for this contract. (Signature) (Date) Protests Arising From The Contract Solicitation or Award Process This section implements section 120.57(3), Florida Statutes and Chapter 28-110, Florida Administrative Code. 1) School District's Notice of Decision or Intended Decision. Pursuant to section 120.57(3), Florida Statutes, the Director of Purchasing shall post notice of a Decision or Intended Decision concerning a solicitation or contract award arising out of the contract solicitation or award process by electronic posting. “Electronic posting” or “electronically post” means the noticing of solicitations, agency decisions or intended decisions, or other matters relating to procurement on a centralized Internet website designated for this purpose. This notice shall contain the following statement: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post a bond or other security, as may be required by law, within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." 2) Notice of Protest. In a contract procurement process, any person who is adversely affected by the agency Decision or Intended Decision and intends to protest the Decision or Intended Decision, shall file a notice of protest in writing with the school district’s Agency Clerk (Executive Director, Office of Policy and Compliance) within seventy-two (72) hours after the posting of the notice of Decision or Intended Decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed with the Agency Clerk in writing within seventy-two (72) hours after the posting of the solicitation. i. A notice of protest should not be filed before the seventy-two (72) hour period begins. The seventy-two (72) hour period begins upon posting of the Decision or Intended Decision. ii. The notice of protest must be actually received by the Agency Clerk before the seventy-two (72) hour period expires. The seventy-two (72) hour period excludes Saturdays, Sundays, and holidays when the school district’s administrative office is closed. The seventy-two (72) hour period is not extended by service of the notice of protest by mail. Failure to timely file a notice of protest shall constitute a waiver of proceedings under this section and section 120.57(3), Florida Statutes. iii. The notice of protest shall identify the procurement by number and title or any other language that will clearly enable the Agency Clerk to identify it; and it shall state that the person intends to protest the decision. 3) Formal Written Protest. The protester shall file a formal written protest with the Agency Clerk within ten (10) days after the date the notice of protest is filed. Failure to timely file the formal written protest shall constitute a waiver of proceedings under this Policy and section 120.57(3), Florida Statutes. The ten (10) day period for filing the petition is not extended by service of the petition by mail. i. The formal written protest shall: A. state with particularity the facts and law upon which the protest is based; B. contain all the information specified in Rule 28-106.201(2), Florida Administrative Code and Rule 28-106.301(2), Florida Administrative Code; and C. be substantially in the form of a petition set forth in Rule 28-110.004(2), Florida Administrative Code, naming "The School Board of Duval County, Florida" as the Respondent. ii. Pursuant to Rule 28-110.004(1), Florida Administrative Code, if the formal written protest is filed in proper form within the seventy-two (72) hour period for filing a notice of protest, the formal written protest will also constitute the notice of protest, and all-time limits applicable to a notice of protest are waived and the time limits relative to formal written protests shall apply. iii. Posting the Bond. The party protesting the bid specification or recommended award shall be required to post a bond in a form consistent with Rule 28-110.005(2), Florida Administrative Code and timely submit that bond to the School District Purchasing Department. iv. Bond: Commodities (Other than Lease of Space) and Contractual Services (Including Professional Services and Insurance). Any person who files an action protesting a Decision or Intended Decision pertaining to a solicitation or contract award shall post with the Director of Purchasing, at the time of filing the formal written protest, a bond secured by an acceptable surety company in Florida, payable to “The School Board of Duval County, Florida” in an amount equal to one percent (1%) of the School District's estimate of the dollar value of the proposed contract. A. The School District shall provide the estimated contract amount to the protester within seventy-two (72) hours (excluding Saturdays, Sundays, and holidays when the School District administrative office is closed) after the filing of the notice of protest. The estimated contract amount is not subject to protest under this Policy or section 120.57(3), Florida Statutes. This information may be provided as part of the Decision or Intended Decision documents. In lieu of a bond, the Director of Purchasing may accept a cashier's check, official bank check, or money order in the amount of the bond. B. The bond shall be conditioned upon the payment of all costs and charges which may be adjudged against the protestor in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. C. If, after completion of the administrative hearing process and any appellate court proceedings, the School Board prevails, it shall be entitled to recover all costs and charges which are included in the final order or judgment, excluding attorney's fees. Upon payment of such costs and charges by the person protesting the Decision or Intended Decision or contract award, the bond, cashier's check, official bank check, or money order shall be returned to the protestor. If, after the completion of the administrative hearing process and any appellate court proceedings, the protestor prevails, the protestor may recover from the School Board the costs and charges which are included in the final order or judgment, excluding attorney's fees. v. Bond: Construction Purchasing. Protesters regarding competitive procurement related to educational facilities shall be required to post a bond in the amount specified in section 255.0516, Florida Statutes, which also governs recovery of fees and costs including attorney's fees. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, protesters shall post a bond in the amount of one percent (1%) of the School District’s estimate of the dollar value of the proposed contract or $5,000, whichever is greater. A. Staying the Procurement Process. Upon timely receipt of the formal written protest, the solicitation or contract award process shall be stopped until the subject of the protest is resolved by final agency action, unless the Director of Purchasing sets forth in writing particular facts and circumstances which require the continuance of the solicitation or contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. B. Informal Resolution Meeting. The Director of Purchasing shall provide an opportunity to resolve the protest by mutual agreement between the parties within seven (7) days (excluding Saturdays, Sundays, and holidays when the School District administrative offices are closed) of receipt of the formal written protest. All affected parties shall be notified of the notice of protest. C. Hearing. If the protest is not resolved by mutual agreement within seven (7) days (excluding Saturdays, Sundays, and holidays when the school district’s administrative offices are closed) after receipt of the formal written protest; and a. if there is no disputed issue of material fact, an informal proceeding shall be conducted pursuant to section 120.57(2), Florida Statutes and applicable Board Policies, and may be conducted before a hearing officer designated by the Superintendent; or b. if there is a disputed issue of material fact, as determined by the Agency Clerk, in accordance with section 120.569, Florida Statutes, the protest shall be referred within fifteen (15) days after the Agency Clerk receives the Formal Written Protest to the Division of Administrative Hearings for a formal hearing under section 120.57(1), Florida Statutes. vi. As stated in section 120.57(3)(f), Florida Statutes, the burden of proof shall rest with the party protesting the proposed agency action. A. In any bid-protest proceeding contesting an intended agency action to reject all bids, proposals, or replies, the standard of review shall be whether the School Board's intended action is illegal, arbitrary, dishonest, or fraudulent. B. In competitive procurement protests other than those contesting an intended agency action to reject all bids, proposals, or replies, the hearing officer or administrative law judge will conduct a de novo proceeding to determine whether the School Board's proposed action is contrary to the governing statutes, the School Board's Policies, or the solicitation documents. The standard of proof for such proceedings shall be whether the proposed agency action was clearly erroneous, contrary to competition, arbitrary, or capricious. BID NO. ITB-027-23/LN BALLASTS Opening Date: January 12, 2023 NO-BID FORM If your firm cannot submit a bid at this time, please provide the information requested in the space provided below and return it to (or fax it to 904-858-4868): Duval County Public Schools Purchasing Services 1701 Prudential Dr., Suite 322 Jacksonville FL 32207 We are unable to submit a bid at this time due to the following reason(s): Name of Firm: Signature and Title: Street Address or P.O. Box: City, State, Zip Code: RETURN THIS FORM ONLY. DO NOT RETURN BID PACKAGE. Bid No. ITB-027-23/LN SC 1 SPECIAL CONDITIONS 1. PURPOSE: Purpose of this bid is to establish firm prices and a source of supply for furnishing and delivering Ballasts to be purchased by Duval County Public Schools (DCPS) from date of award through February 28, 2024. 2. RENEWAL: Upon written mutual agreement between Contractor and Duval County Public Schools, contract may be renewed at anniversary date for three additional one-year periods, subject to the same provisions, terms, conditions and specifications as originally awarded. 3. AWARD: Will be by item, as indicated on the Bid Proposal Form. For purposes of evaluation, this form will be interpreted as follows: Unit price: Unit price should be numeric. Unit prices left blank will be deemed “no bid”, and a unit price of $0 will be deemed “included at no charge”. Item Bid: Item bid should be the manufacturer & model # or name of product you will supply if awarded. If left blank or “as specified” is entered the item will be considered to have insufficient information to evaluate. Failure to respond as requested may result in rejection of item(s) as non-responsive. 4. BID EVALUATION PROCESS: Bids are initially reviewed for determination of compliance with submittal requirements as found in the bid instructions. Those bids that are non-compliant are removed from consideration and are not included on the bid tabulation. Examples of non-compliant bids are: bids that do not bear the signature of an individual authorized to obligate on behalf of the company; bids submitted with line items corrected by the use of correction fluid (only the corrected items are considered non-compliant); bids submitted with line items that are correct but not initialed by the originator (only the corrected items are considered non-compliant); any bid submitted that contains a material deviation from the bid submittal instructions. Tabulated bids are then evaluated on the basis of price. The lowest price bid will be evaluated to determine responsiveness. If the bid is responsive, it will be recommended for award. If the bid is not responsive, it will not be recommended for award and the next lowest price bid will be evaluated to determine responsiveness. This process will continue in succession until the lowest responsive bid is evaluated and is recommended for award. If the bid contains multiple items that are to be awarded independently, this process is completed for each item in the bid. Tie bids are decided by tie breaking procedures outlined in purchasing policy. 5. POSTING OF BID RECOMMENDATION: Recommendation for Award will be posted in Purchasing Services on or about January 20, 2023 and will remain posted for 72 consecutive hours. For exact date and time, please contact the buyer named below. 6. QUESTIONS: Any questions and/or request for additional information should be directed to Lucy Nasworthy, in Purchasing Services, via email at nasworthyl@duvalschools.org placing this bid number (ITB-027-23/LN) in the subject header. Deadline for questions shall be 2:00 p.m. EST on December 21, 2022. Questions received after this date will not be answered. Interpretations or clarifications in response to such questions will be issued in the form of written addenda to all parties recorded by Purchasing Services as having received the Bid Documents. No verbal or written information obtained other than by information in this document or by written addendum to this bid will be binding on the District. mailto:nasworthyl@duvalschools.org Bid No. ITB-027-23/LN SC 2 7. EX PARTE COMMUNICATION: Ex parte communication regarding this solicitation, whether verbal or written, by any potential respondent or representative of any potential respondent to this ITB with District personnel involved with or related to this ITB, other than as expressly designated in this document, is strictly prohibited. Violation of this restriction may result in the rejection/disqualification of the respondents’ bid. Ex parte communication regarding this solicitation, whether verbal or written, by any potential respondent or representative of any potential respondent to this ITB with Board members is also prohibited and will result in the disqualification of the bidder. 8. PRICING: Escalation Provision: At each renewal of the contract, DCPS will consider an increase due to inflation provided the proposed price increase does not exceed the lesser of 3% or the rate of inflation as determined by the Consumer Price Index (CPI) for urban wage earners and clerical workers, U.S. city average, all items (1982-84=100), published by the U.S. Bureau of Labor Statistics, or any successor or substitute index appropriately adjusted for the prior 12 month period using the first-published CPI for the month immediately preceding the month of the contract renewal request. The contractor must request the increase in writing prior to the renewal of the contract. 9. LINE-ITEM BIDS AND CORRECTIONS: All prices submitted on the Bid Proposal Form shall be indelible. The use of correction fluid or erasures to correct line-item bid prices and/or quantities are not acceptable. Corrections must be by lineout of the incorrect figures, writing in of correct figures, and initialing of the corrections by the originator. Correction fluid or erasure corrected bids will be considered non-responsive for the corrected item(s) only. 10. UNITS OF MEASURE AND LOT SIZES: The item unit of measure shall be as indicated on the Bid Proposal Form. If manufacturer’s standard packaging is different than the quantity listed, it shall be the vendor’s responsibility to convert the bid price to the requested unit of measure. Bids received for items that have not been converted to the requested units of measure shall be considered non- responsive. Additionally, bidders must indicate the units of measure they are able to supply. 11. QUANTITIES: The items listed in this solicitation will be ordered on an “AS NEEDED” basis by the Duval County School System. No firm statement of quantity, totally or individually, can be made. The column headed “ESTIMATED QUANTITY” is for information only and does not bind the Duval County School Board to make any purchases under items of this bid. Estimated quantities are based on prior bids’ usage. 12. SPECIFICATION ERRORS: In the event of a discrepancy between specifications and the make/model listed for an item or items, specifications shall take precedence for the purposes of the bid. 13. DELIVERY: F.O.B. Destination. Do not ship prior to receipt of purchase order. Delivery will be made within thirty (30) days from date of receipt of purchase order. The Buyer must approve all exceptions. When reasonable, exceptions will be granted. However, if it will cause an out-of-stock or emergency situation, DCPS will have the option to cancel that purchase order and procure the commodity elsewhere. Current receiving hours are 7:30 a.m. to 3:00 p.m. Monday through Friday. It will be the Responsibility of the successful bidder to call 904-858-1499 to schedule deliveries and notify carriers accordingly. Duval County Public Schools will not be responsible for re-delivery fees as a result of the failure on the part of the shipper to notify the carrier. Failure to deliver in accordance with the above instructions may result in the bidder being disqualified from conducting business with Duval County Public Schools. Bid No. ITB-027-23/LN SC 3 14. SAMPLES: Samples may be required AFTER bid opening on products unknown to Duval County Public Schools (DCPS). When requested, samples must be furnished within five (5) working days. Do not include bids and samples in the same package. Samples must be furnished and retrieved at no expense to DCPS. Samples of items awarded will be retained for comparison with items furnished. Samples not destroyed in testing must be retrieved within THIRTY (30) DAYS OF THE BID AWARD OR THEY BECOME PROPERTY OF DCPS. 15. NO SUBSTITUTES: For line items where the words “No Substitute” appear bid only the specified brand and model number listed. Bids of other than the specified brand and/or model number to be considered non-responsive and will not be considered for award. 16. ACCEPTABLE SUBSTITUTIONS: Where a particular brand/make/stock number is listed in Bid Proposal Forms, such reference has been made solely for the purpose of more clearly defining the general description of the product desired and the standard of minimum quality and construction acceptable. Products of other manufacturers of equal grade and quality and substantially similar in design, materials and workmanship may be submitted for consideration. The bidder must however, clearly identify in his/her proposal the articles or products offered. Bidder should enter brand and model of item offered. 17. DISCONTINUED ITEMS: If during the contract period an item is discontinued by the manufacturer and the manufacturer offers a replacement, bidder must contact the buyer prior to any shipment of replacement items for approval. 18. SPECIFICATIONS/DESCRIPTIVE LITERATURE: Complete technical specifications, together with illustrative materials providing brand name and model number of the item, are requested to accompany bid. This request is for all items bid, including the specified models. Non-compliance with this condition may cause the item not to be considered for award. Each bidder is requested to submit one copy of full descriptive data for each item where bidding an alternate to the brand specified. The literature furnished must be identified to show the item in the bid to which it pertains. 19. FAMILIARITY WITH LAWS: The Bidder is required to be familiar with all Federal, State and local laws, ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the bidder will in no way relieve him/her from responsibility for compliance with their requirements. 20. JESSICA LUNSFORD ACT (when applicable): At their own expense, firms shall comply and be responsible for the costs associated with the Jessica Lunsford Act, which became effective on September 1, 2005. The Act states that contractual personnel who are permitted access to school grounds when students are present or who have direct contact with students must meet Level 2 requirements as described in Section 1012.32, F.S. Contractual personnel shall include any vendor, individual or entity under contract with the District. (Additional information is available at www.duval.sofn.net) By submittal of a bid or proposal, each firm acknowledges and accepts this responsibility including all associated costs. 21. FEDERAL FUNDS: The bidder certifies by submission of their bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. When requested, the bidder/contractor will execute and deliver to the District the appropriate federal debarment certification form within three (3) business days. 22. ASSIGNMENT OF CONTRACT AND/OR PAYMENT: This contract or agreement is personal to the parties herein and may not be assigned, in whole or in part, by the contractor without prior written consent of DCPS. The contractor shall not assign payments under this contract or agreement without the prior written consent of DCPS. Bid No. ITB-027-23/LN SC 4 23. METHOD OF PAYMENT: Payments to vendors may be made via credit card, ACH or check. If ACH or credit card payment is acceptable, initial the designated space(s) on the Bidder Acknowledgement under Form of Payment accepted. By doing so you are authorizing this form of payment on all future invoices whether or not they are related to this solicitation. 24. AVAILABILITY OF FUNDS: The obligations of Duval County Public Schools under this award are subject to the availability of funds lawfully appropriated annually for its purposes by the Legislature of the State of Florida. 25. MOST FAVORED CUSTOMER STATUS: The awarded vendor shall afford Duval County Public Schools most favored customer status for all items herein. Accordingly, if during the term of this contract, the contractor offers more favorable promotional or contract pricing to another entity for the same specification with similar quantities and conditions, the price under this contract shall be immediately reduced to the lower price. Additionally, if a current State of Florida contract contains more favorable pricing for the same specification with similar quantities and conditions, the contractor will be afforded an opportunity to adjust its contract price to match that of the State of Florida contract. Should the contractor decline, DCPS reserves the right to purchase the item(s) from the State of Florida contract. 26. AUDIT / RECORDS RETENTION: DCPS shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to this Contract (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of Contractor, including, but not limited to those kept by Contractor, its employees, agents, assigns, successors and subcontractors. Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this Contract and for at least three years following the completion of this Contract, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request, to DCPS, through its employees, agents, representatives, contractors or other designees, during normal business hours at Contractor’s office or place of business in Jacksonville, Florida. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Jacksonville, Florida, which is convenient for DCPS. This paragraph shall not be construed to limit, revoke, or abridge any other rights, powers, or obligations relating to audit which DCPS may have by state, city, or federal statute, ordinance, regulation, or agreement, whether those rights, powers, or obligations are express or implied. 27. DISQUALIFICATION OF BIDDER: More than one bid/proposal from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that a bidder is involved in more than one bid/proposal for the same work will be cause for rejection of all bids/proposals in which such bidders are believed to be involved. Any or all bids/proposals will be rejected if there is reason to believe that collusion exists between bidders. Bids/proposals in which the prices obviously are unbalanced will be subject to rejection. 28. PUBLIC ENTITY CRIMES AFFIDAVIT: 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 public entity for the construction or repair of 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 under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Bid No. ITB-027-23/LN SC 5 29. UNILATERAL CANCELLATION OF CONTRACTS: Any agreement resulting from this Invitation to Bid may be unilaterally canceled by Duval County Public Schools for refusal of contractor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with the agreement. 30. CANCELLATION: The Director of Purchasing, by written notice, may cancel, in whole or in part, any Contract/Purchase Order(s) resulting from this Invitation when such action is in the best interest of Duval County Public Schools. If Contract/Purchase Order(s) is so canceled, Duval County Public Schools shall be liable only for payment for services rendered prior to the effective date of cancellation. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 31. FORCE MAJEURE: Whenever a vendor’s place of business, mode of delivery or source of supply has been disrupted by acts of government, God, civic commotion, or war, it shall be the responsibility of the vendor to promptly advise the Director of Purchasing Services, in writing, as to the extent of this disruption and its probable effect upon this contract. If, in the opinion of DCPS, the disruption presented is commensurate with the conditions established herein, DCPS may elect to modify delivery/service timelines, renegotiate the contract in whole or in part, or cancel any open orders in accordance with Special Condition 30. The vendor will be given written notification of all decisions made. While the decision of DCPS shall be final, the goal will be a solution that is mutually beneficial. 32. PURCHASES BY OTHER PUBLIC ENTITIES: Purchases by other political subdivisions or public entities under any contract resulting from this solicitation are permissible upon the consent and agreement of the awarded vendor(s). 33. TRANSITION ASSISTANCE: In the event the resulting agreement is terminated, not renewed or naturally expires, the Contracted Firm agrees that the District may provide written notice to the Contracted Firm retaining the Contracted Firm for a month-to-month basis on the same terms and conditions set forth in the agreement. Such month-to-month services shall continue until the District has established a replacement Ballasts contract. In any event, these services will not be required to continue for a period of time exceeding six (6) months. 34. PUBLIC RECORD: Pursuant to Section 119.071(1)(b)2., Florida Statutes, bids received as a result of this ITB will not become public record until thirty (30) days after the date of opening or until posting of a recommendation for award, whichever occurs first. Thereafter, all documents or other materials submitted by all Respondents in response to this offering shall be open for inspection by any person and in accordance with Chapter 119, Florida Statutes, unless otherwise exempt under Florida law. It shall be the sole responsibility of the awarded Contractor to comply with all requirements of Chapter 119 regarding public records (whether documents, notes, letters, emails, or other records) received or generated in relationship to the Agreement awarded by the District. The Agreement shall be subject to Florida’s Public Records Laws, Chapter 119, Florida Statutes. Contractor understands the broad nature of these laws and agrees to comply with Florida’s public records laws and laws relating to records retention. In compliance with section 119.0701, Florida Statutes, Contractor agrees to: A. Keep and maintain public records required by the District in order to perform the service. B. Upon request from the District’s custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in the Chapter 119, Florida Statues or as otherwise provided by law. Bid No. ITB-027-23/LN SC 6 C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the District. D. Upon completion of the Agreement, transfer, at no cost, to the District all public records in possession of Contractor or keep and maintain public records required by the District to perform the service. If Contractor transfers all public records to the District upon completion of the Agreement, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the Agreement, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request of the District’s custodian of public records, in a format that is compatible with the information technology systems of the District. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS (THE DISTRICT’S CONTRACT ADMINISTRATOR) AT. THE DISTRICT’S CONTACT IS: Tony Gimenez, Director 4880 Bulls Bay Highway Jacksonville, FL 32219 gimenezt@duvalschools.org To the extent a proposer asserts any portion of its proposal is exempt or confidential from disclosure under Florida's public records, the burden shall be on the proposer to obtain a protective order from a jurisdictional court protecting such information from disclosure under Florida's public records laws and also timely provide a certified copy of such protective order to the District prior to the District's release of such information into the public domain. It is not contemplated that any portion of a Proposal will be exempt or confidential from disclosure pursuant to Chapter 119, Florida Statutes. 35. EMPLOYMENT ELIGIBILITY: Pursuant to the provisions of section 448.095, Florida Statutes, the parties agree to the following. For purpose of this section, the term “contract” includes this Agreement and any contract between the Contractor and any of Contractor’s subcontractor(s): (a) Beginning January 1, 2021, the District, the Contractor, and any of Contractor’s subcontractor(s) shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The District, the Contractor, and any of Contractor’s subcontractor(s) may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. (b) 1. If the Contractor enters into a contract with a subcontractor, the subcontractor mailto:gimenezt@duvalschools.org Bid No. ITB-027-23/LN SC 7 must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. 2. The Contractor shall maintain a copy of such affidavit for the duration of the contract. (c) 1. The District, the Contractor, or any of the Contractor’s subcontractors who has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09(1), Florida Statutes, shall terminate the contract with the person or entity. 2. If the District has a good faith belief that a subcontractor knowingly violated this subsection, but the Contractor otherwise complied with this subsection, then the District shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. 3. A contract terminated under subparagraph 1. or subparagraph 2. is not a breach of contract and may not be considered as such. (d) The District, Contractor, or any of Contractor’s subcontractor(s) may file an action with a circuit or county court to challenge a termination under paragraph (c) no later than 20 calendar days after the date on which the contract was terminated. (e) If the District terminates the Agreement with Contractor under paragraph (c), the Contractor may not be awarded a public contract for at least 1 year after the date on which the Agreement was terminated. (f) The Contractor is liable for any additional costs incurred by the District as a result of the termination of a contract. BID PROPOSAL FORM Name of Bidder: ___________________________ ITB-027-23/LN Page 1 of 2 For purposes of evaluation, this form will be interpreted as follows: Unit price: Unit price should be numeric. Unit prices left blank will be deemed “no bid”, and a unit price of $0 will be deemed “included at no charge”. Item Bid: Item bid should be the manufacturer & model # or name of product you will supply if awarded. If left blank or “as specified” is entered the item will be considered to have insufficient information to evaluate. Failure to respond as requested may result in rejection of item(s) as non-responsive. Item Est. Qty. Unit (DCPS#) Description Unit Price Total Price Ballasts (T8) for extended lamp life in frequent switching applications such as those where occupancy sensors or motion detectors are being used; including new, low profile model fixtures. PCB Free, UL Listed. Fluorescent Bulbs Operated: F17T8; F25T8; F32T8; F32T8/ES-25W; F32T8/ES-28W; F32T8/ES-30W 1. 1000 Each (8522) Ballast, Electronic Programmed Start, 120-277Vac, (2) T8 Lamps, Multi-Tap Type P Energy Saving, Parallel Wired, High- Efficiency, Class A sound rating. $____________ Per each $________________ (Philips Advance - IOP-2PSP32-LW-SC) No Substitute. Minimum order: 100 ITEM BID:____________________________ 2. 300 (8523) Ballast, Electronic Programmed Start, $____________ $_________________ Each 120-277Vac, (3) T8 Lamps, Multi-Tap Type P Energy Saving, Parallel Wired, High- Efficiency, Class A sound rating. Per each (Philips Advance - IOP-3PSP32-SC) No Substitute. Minimum order: 50 ITEM BID:___________________________ BID PROPOSAL FORM Name of Bidder: ___________________________ ITB-027-23/LN Page 2 of 2 Item Est. Qty. Unit (DCPS#) Description Unit Price Total Price 3. 300 (8524) Ballast, Electronic Programmed Start, $_____________ $_________________ Each 120-277Vac, (4) T8 Lamps, Multi-Tap Type P Energy Saving, Parallel Wired, High- Efficiency, Class A sound rating. Per each (Philips Advance - IOP-4PSP32-SC) No Substitute. Minimum order: 50 ITEM BID:____________________________ 4. 600 (575) Ballast, Electronic, 120-277Vac, $____________ $_________________ Each (3) T8 Lamps, RS; Multi-Tap Type P Energy Saving, Class A sound rating. Per each (Universal – B332IUNVHP- A0001) No Substitute. Minimum order: 100 ITEM BID:___________________________ 5. 500 (577) Ballast, Electronic, 120-277Vac, $____________ $_________________ Each (4) T8 Lamps, RS; Multi-Tap Type P Energy Saving, Class A sound rating. Per each (Universal – B432IUNVHP- A010C) No Substitute. Minimum order: 100 ITEM BID:___________________________ 6. 2000 (6807) Ballast, Electronic, 120-277Vac, $____________ $_________________ Each (2) T8 Lamps, RS; Multi-Tap Type P Energy Saving, Class A sound rating. Per each (Universal – B232IUNVHP- N010C) No Substitute. Minimum order: 200 ITEM BID:___________________________