Mop System, Microfiber

Cut along the outer border and affix this label to your sealed bid envelope to identify it as a “Sealed Bid”. Be sure to include the name of the company submitting the bid where requested. SEALED BID  DO NOT OPEN SEALED BID NO.: 21-060-022 BID TITLE: Motor Vehicle Brake Parts DUE DATE/TIME: September 17, 2020 @ 3:00 PM E.T. SUBMITTED BY: _______________________________________ (Name of Company) DELIVER TO: PURCHASING DEPARTMENT School Board of Pinellas County 301 Fourth Street S.W. Largo, FL 33770-3536 Please Note: Pinellas County Schools has partnered with Public Purchase, a web based eProcurement service. Public Purchase provides government agencies and their vendors with a comprehensive and easy to use web based eProcurement system. For our vendors, this eProcurement system provides you with automatic notification and transmittal of bid solicitations to vendors. Please visit www.publicpurchase.com to

login and obtain any and all bidding documents Once you have opened and viewed the bid document from this website you will automatically receive an e-mail notifying you when an addendum has been issued. Any such addendum will be posted on the same website listed above. However, if you obtain our bidding documents from any other source, we cannot guarantee that you will automatically receive subsequent notifications of addendums by email. In order to assure that you are automatically notified, you must visit the above website and open and view the bid document. The district will not be responsible if you fail to receive any and all addendums if you obtain the original bid document from another source. http://www.publicpurchase.com/ The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting Page 1 of 28 SUBMIT BID TO: PURCHASING DEPARTMENT School Board of Pinellas County, Florida 301 – Fourth Street S.W. Largo, Florida 33770-3536 INVITATION TO BID BID TITLE: Motor Vehicle Brake Parts BID NO. 21-060-022 F.O.B. Vehicle Maintenance Department BUYER: Jason O'Toole DESTINATION locations Countywide (727) 588-6232 POINT: ISSUE August 19, 2020 DATE: BID DUE DATE AND TIME: September 17, 2020 @ 3:00 PM E.T. BID OPENING ROOM: A318 SUBMITTALS: Certain Submittals are required with this bid. See the SUBMITTALS CHECKLIST found later in the bid document for details. Submit Two (2) complete copies (1 original & 1 copy) of your bid proposal. Each bid proposal should include all information and submittals requested in this bid. Incomplete bid proposals may be declared non-responsive. PURCHASING CARDS: Not applicable to this bid District personnel may choose to use a District Purchasing Card in place of a purchase order to make purchases from this bid. Unless exception to this condition is checked below, the bidder, by submitting a bid, agrees to accept the purchasing card as an acceptable form of payment and may not add additional service fees or handling charges to purchases made with the purchasing card. Refusal to accept this condition may cause your bid to be declared non-responsive. I do not accept the above condition PURCHASES BY OTHER PUBLIC AGENCIES (D.O.E. Regulation #6A1.012 (5): - With the consent and agreement of the successful bidder(s), purchases may be made under this bid by other governmental agencies within the state of Florida. Such purchases shall be governed by the same terms and conditions as stated herein. Note to Bidder: A. A signed bid submitted to the School Board obligates the bidder to all terms, conditions and specifications stated in this bid document, unless exceptions are taken and clearly stated in the bidder’s proposal. B. Bids received after the date & time specified will not be accepted. Delivery days after receipt of order: Date Submitted: Payment Terms BIDDER MUST FILL IN THE INFORMATION LISTED BELOW AND SIGN WHERE INDICATED FOR BID TO BE CONSIDERED Company Name: FEIN: Address: Telephone: ( ) - Ext. City, State: Zip: FAX: ( ) - NON COLLUSION: - The bidder, by affixing its signature to this proposal, certifies that its bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a bid for the same item(s), and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. Signature of Owner or Authorized Officer/Agent E-mail: Typed Name of Above: Title: NO BID: I hereby submit a “no bid” for the reasons checked below: Insufficient time to respond Could not meet Insurance requirements Addenda were received too late to respond Could not meet bonding requirements Could not meet specifications We do not offer the product or service requested Specifications were unclear or restrictive Our schedule will not permit us to respond Terms & Conditions were unclear or restrictive We do not bid directly Keep our company on this bid list for future bids Remove our company name from this bid list for future bids PCS Form 3-852-A (Rev. 3/25/20) (21-022pr115bid.doc) Category Y GENERAL TERMS & CONDITIONS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 2 of 28 1. PREPARATION OF BIDS: a) Bidder’s Liability: Bidders are expected to examine the specifications and all special and general conditions, requirements, and instructions. Negligence on the part of the bidder to make the necessary examinations and investigations, visit appropriate site locations and become familiar with ALL locations covered under this bid, or failure to fulfill, in every detail, the requirements of the contract documents, will not be accepted as a basis for varying the requirements of the district or for paying additional compensation to the contractor. Failure to do so is at the contractor’s risk. Failure to follow the instructions contained in the bid for completion of a bid response is cause for rejection of a bid. b) Submittal of Bids: BIDS SHALL BE SUBMITTED IN A SEALED ENVELOPE. The return address label provided with your bid invitation packet should be affixed to the outside of your envelope identifying it as a sealed bid. Any company not responding to this request with either a bid or a “NO BID” may be removed from the active bidders list. c) Receipt of Bids: The purchasing department is not responsible for timely delivery of the U.S. or private courier mail. The Bidder is responsible to allow adequate mailing time, including time for interoffice mail delivery, or to take appropriate alternate steps to assure that their bid is delivered to the purchasing department by the specified due date and time. LATE BIDS WILL BE REJECTED! d) Minimum Required Documents: The following documents must be returned with your bid proposal to be considered responsive: i) Completed Invitation To Bid form with original signature. (page 1) ii) Completed Bid Proposal form(s) iii) All items checked required on Submittals Checklist form included with the bid. e) Forms: All bids must be submitted on and comply with the bid forms provided. If additional space is required, the bidder may submit an attachment which will become part of the bid response. The Invitation to Bid Form 852-A must be signed by the owner or authorized officer/agent of the company submitting a bid or the bid will be rejected. Telegraph, Facsimile (FAX) or e-mail bids will not be considered a sealed bid. f) Quoted Prices: Prices are to be submitted in accordance with the quantities required, which appear in the bid invitation. Unit prices will prevail over extended totals whenever the extended amount is in conflict with the estimated quantity (x) the unit price. When a total group price of two or more distinct items is requested, the purchasing department reserves the right to verify mathematical extensions and totals, correct extensions and totals if necessary and recommend an award based upon the overall group total. g) Freight Terms: All items are to be bid FOB destination with all transportation charges prepaid and included in the bid prices and title transferring to the district at the time of delivery, unless otherwise stated in bid invitation. Any exceptions to these freight terms taken by the bidder must be clearly stated in the bidder’s proposal. The purchasing department will evaluate any such exceptions and determine if the exception constitutes grounds for rejection of the bidder’s proposal. h) Item Specifications: Specifications in this document may reference specific manufacturers’ products and list their model or part numbers, followed by the words “or equal” or “approved brands”. Unless the words “only” or “No Substitutes” is used in place of “or equal”, these references are intended to establish a quality and performance standard only. Anything listed, herein, of a proprietary nature is done so without express knowledge or intent to exclude other manufacturers’ products from consideration. i) Any item bid as an alternate which lacks sufficient descriptive literature or technical information to enable a complete comparative analysis, may prevent its consideration. ii) If the bidder does not clearly state in their bid proposal that an item proposed is an alternate to that specified, the bidder must furnish the specified item upon receipt of a purchase order or else be declared in breach of contract. i) Bid, Performance & Payment Security: When bid, performance and payment securities are required, the “Required” box will be checked on the Submittals Checklist form included with the bid. Detailed specifications will be included in the “Bid, Performance & Payment Security Guidelines” section of the bid. j) Insurance Certificate: When an insurance certificate is requested, the “Requested” box will be checked on the Submittals Checklist form included with the bid. Detailed specifications will be included in the “Insurance Specifications for Contractors” section of the bid. k) Product Certification: When product certification is requested, the bidder must submit a signed, notarized affidavit along with their bid attesting that the item meets all specifications requested. l) Proposal Organization: Bidders are expected to organize their bid proposals in such a manner as to facilitate the evaluation process. Bid proposals should be keyed or indexed to correspond with this bid solicitation. Responses should be correlated to the specific Submittal, Criterion, Section or Paragraph Number of the Invitation to Bid or Request for Proposal being addressed. District staff will make a reasonable effort to locate information in the bid proposals; however, failure to follow this suggested format may make location of critical submittal information difficult, possibly resulting in a loss of appropriate point credit or complete rejection of your bid proposal. 2. INQUIRIES/INFORMATION: Any questions by prospective bidders concerning requirements of this bid should be addressed to the buyer whose name appears on the front of the Invitation To Bid form or to individuals specifically named in the Special Conditions or Personnel Matrix sections of the bid. The buyer will assist vendors and answer questions to the best of his or her ability. Questions of a technical nature may be referred to other individuals by the buyer for an appropriate response as deemed necessary. Requests for interpretation of the bid or additional information should be communicated to the buyer in writing no later than seven (7) working days prior to the scheduled bid opening date. Requests for information relating to bids in process will be addressed without delay when such information has a material effect on the completion of your bid response. Every effort will be made to supply other requested information of a less critical nature, such as, lists of vendors solicited, prebid conference attendees, firms who have picked up plans and specifications, historical bid data or bid tabulations within (48) hours from receipt of a request. Vendors are encouraged to visit our Web site at the address shown below GENERAL TERMS & CONDITIONS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 3 of 28 to obtain this information, or it may be obtained in person, but we respectfully request that you notify the buyer in advance at the telephone number listed on the Invitation to Bid form to allow him or her ample time to compile the information for you before you arrive. If you have Internet access, the following information is available from the Web sites listed below 24 hours per day, 7 days per week.. : Go to www.publicpurchase.com to obtain:  A copy of a bid packet for a contract or project currently out for bid and any associated addenda (This is a secured site and you must be registered in Public Purchase to access these documents.) Go to www.pcsb.org/purch to obtain:  The last price paid for an item(s) currently out for bid (when applicable);  Historical bid results;  A listing of bids scheduled for award at the next School Board meeting;  Historical bid award information;  A copy of a W-9 Form;  A listing of departmental personnel, with job titles, phone numbers and e-mail addresses;  A listing of buyers and their commodity assignments.  A listing of prebid conference attendees. 3. ACCEPTANCE AND WITHDRAWAL OF BIDS: A bid (or amendment thereto) will not be accepted by the purchasing department after the time and date specified for the bid opening, nor may a bid (or amendment thereto) which has already been opened in public be withdrawn by the bidder for a period of sixty (60) calendar days after the bid opening date and time, unless authorized by the purchasing department. By written request to the purchasing department, the bidder may withdraw from the bid process and ask to have their sealed bid proposal returned at any time prior to the closing date and time for the receipt of bid proposals. 4. AMENDMENT & CANCELLATION: The purchasing department reserves the right to cancel, recall and/or reissue all, or any part, of a bid or request for proposal, at any time. 5. SOLICITATION OF DISTRICT EMPLOYEES & ACCEPTANCE OF GRATUITIES: The district expressly prohibits bidders from making any offer of employment or any other offering of value to any employee of the district who is directly or indirectly involved in the development, solicitation or evaluation and subsequent recommendation for award of this bid. The only exception to this rule would be for items which bear product logos and other forms of advertising specifically intended for promotional purposes. 6. QUALIFICATIONS OF BIDDER: Bids will be considered only from contractors, manufacturers, authorized distributors or dealers who are normally engaged in the manufacture, sale or distribution of the materials or services requested herein. The bidder must have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the district. The purchasing department expressly reserves the right to reject any bid proposal if it determines that the business and technical organization, equipment, financial and other resources, or experience of the bidder, compared to work proposed, justifies such rejection. 7. CONFIDENTIALITY OF STUDENT RECORD INFORMATION: Student record information may be provided to vendors to enable them to respond to a sealed bid invitation or to a request for proposals, or to perform under a contract already awarded to them. Vendors are hereby notified that any such student record information must be kept strictly confidential and may not be released to any other person or entity without authorization, pursuant to FS. 228.093 and Rule 6A-1.0955, FAC. Failure to comply with this directive could result in civil liability. 8. NON COLLUSION: The bidder, by affixing its signature to this proposal, certifies that its bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a bid for the same item(s), and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. 9. CONFIDENTIALITY OF INFORMATION SUBMITTED BY BIDDER: The district reserves the right to retain all copies of bidders’ proposals and associated documentation submitted. Under Chapter 119 F.S., (Florida’s Public Records Law) sealed bids or proposals received by the district pursuant to invitations to bid or requests for proposals may only be kept confidential until such time as the district provides notice of a decision or intended decision or until 30 days after the bid or proposal opening, whichever is earlier. If a vendor feels that public scrutiny of certain information contained in its bid proposal could be detrimental to its business, the vendor should identify the specific information in question and site the governing statute and section which exempts such material from public scrutiny. A general statement to hold its entire proposal in confidence will not be honored. If the information in question does not qualify for an exemption under Chapter 119 F.S., the vendor will have the option of withdrawing its request for confidentiality or withdrawing its entire bid proposal. 10. SUBCONTRACTING: The bidder must describe in their bid proposal, all responsibilities that the bidder anticipates assigning or subcontracting, identify all the subcontractors and also describe how the bidder will manage these subcontractors. The vendor will be held directly responsible and liable for the actions of all of its subcontractors and the actions of its subcontractors’ employees. 11. INTELLECTUAL PROPERTIES: Any discovery, invention or work product produced under this contract shall be the sole and exclusive property of the District. The bidder surrenders any and all claims of any kind, type or nature, including but not limited to patent rights, copyrights and rights in data, developed under this contract. 12. PUBLIC ENTITY CRIME & CONVICTED VENDOR LIST Per the provisions of Florida Statute 287.133 (d), “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 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, http://www.publicpurchase.com/ http://www.pcsb.org/purch GENERAL TERMS & CONDITIONS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 4 of 28 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 Florida Statute 287.017 for CATEGORY 3 for a period of 36 months from the date of being placed on the convicted vendor list”. 13. PROPOSAL PREPARATION COSTS: The costs to develop the bid proposal are entirely the responsibility of the bidder, and shall not be charged in any manner to the district. This includes, but is not limited to, the direct cost of the bidder’s personnel assigned to prepare the bidder’s response to this solicitation and any out-of-pocket expenses (including, but not limited to, travel, accommodation, supplies) incurred by the bidder in preparing their bid proposal. 14. VARIANCE TO BID DOCUMENTS: For the purpose of bid evaluation, bidders must clearly stipulate any or all variances to the bid documents or specifications, no matter how slight. If variations are not stated in the bidders’ proposal, it shall be construed that the bid proposal submitted fully complies in every respect with the bid documents. 15. ADDENDA TO BIDS IN PROCESS: Interpretations of the bid, clarification of bid specifications and requirements or changes to the bid which have a material effect will be documented and communicated to bidders only by written addenda. Verbal responses to bidders’ questions do not constitute an official response unless documented in the form of written addenda and shall be considered inadmissible in bid protest proceedings. All such written addenda should be acknowledged on the Addendum Acknowledgement Form or by returning a copy of the signed addendum along with your bid proposal as proof of receipt. Failure to acknowledge addenda containing material changes may constitute cause for rejection of your bid proposal. Telegraph, facsimile or e-mail acknowledgements of addenda will not be accepted. 16. FLORIDA STATE CONTRACTS & FLORIDA DEPARTMENT OF EDUCATION CONTRACTS: The purchasing department reserves the right to reject all bids and purchase from State contracts or FDOE contracts if to do so represents the best interests of the district. 17. SAFETY REQUIREMENTS: All items bid must comply with ALL applicable safety standards set by Federal, State and local regulations, OSHA & EPA guidelines, and any other laws and regulations that govern the item(s) or services requested in this bid. All electrically operated equipment shall be UL rated or approved. Corded equipment shall have a 3- wire grounded power cord or be double insulated and labeled as such. 18. MATERIAL SAFETY DATA SHEETS: The district requires that two (2) copies of all applicable Material Safety Data Sheets be furnished upon the initial purchase of any chemical or toxic substance or equipment which uses same. One (1) copy shall accompany the product shipment and the other copy must be sent to: Pinellas County School Board Risk Management Department, Attention Safety & Loss Coordinator, 301 Fourth Street S.W., Largo, FL. 33770-3536. 19. PURCHASE OF MATERIALS WITH RECYCLED CONTENT: The purchasing department will seek alternative bids, whenever possible, for select products containing recycled materials. Such products shall be purchased as long as all specifications are met and the price does not exceed an amount 10% more than the cost of comparable products made from 100% virgin materials. 20. MANUFACTURER’S CERTIFICATION: The purchasing department reserves the right to request a separate letter from the manufacturer of the products bid certifying that all statements and claims made in the bid proposal are true, and that all products bid meet or exceed the specifications stated in the bid documents. 21. BID QUANTITIES: Quantities listed in the bid are estimates provided for bidder information purposes only. No guarantee is given or implied as to the exact quantities which will be purchased from this bid. The district reserves the right to increase or decrease all estimated quantities during the term of this contract or to delete any item or items as it deems appropriate, without affecting the bid pricing or the terms and conditions of the bid. 22. METHODS OF AWARD: a) “By Item”: Each item in the bid will be awarded individually to the lowest responsive and responsible bidder. b) “All or None by Group, Section or Category”: The bid will be divided into Groups, Sections or Categories of similar types of items when it would be impractical to split the award to multiple vendors. Each Group, Section or Category will be awarded to the lowest responsive and responsible bidder in total. Bidders are required to bid all items within the Group, Section or Category in order to be considered for award of that Group, Section or Category. After bids are opened and tabulated, the purchasing department reserves the right to delete one or more items within a Group, Section or Category and recommend award of the balance of the items contained within that Group, Section or Category, if it is in the best interests of the district. c) “All or None” in total. d) “Primary & Secondary Suppliers or Contractors”. The bid is awarded to both a Primary and a Secondary supplier or contractor when it is critical to have a backup source of supply, or when it is anticipated that only one vendor cannot effectively handle the volume of business generated under the contract. In the event that the Primary supplier or contractor cannot perform in accordance with the district’s needs, the district reserves the right to use the Secondary supplier or contractor at its sole discretion. The Primary and a Secondary suppliers or contractors are defined as the two lowest Responsive and Responsible bidders. e) “Rotating Short List of Contractors”. The bid is awarded to a short list of Responsive and Responsible contractors, the number of which is pre-defined in the bid documents. The district will use a list of selection criteria to determine eligibility to make the short list. Project work is rotated through the short list as it is identified. Every effort is made to equitably distribute the workload amongst all contractors. GENERAL TERMS & CONDITIONS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 5 of 28 23. DELIVERY LEAD TIME: Each bidder shall state the number of consecutive calendar days they require after receipt of order (A.R.O.) to either complete delivery or provide the requested services in the space provided on the Bid Proposal form. The length of time to complete a project and deliver all of the items ordered could be a factor in awarding this bid. If a finite number of days has been specified for delivery or project completion, this deadline must be met. If a finite number of days has not been specified in the bid and the bidder has not stipulated a specific lead time for delivery in their proposal, orders will be considered delinquent after 30 days from the issue date of the purchase order. 24. TAXES: Purchases are exempt from ALL Federal excise and most State sales tax. 25. FISCAL NON-APPROPRIATIONS CLAUSE: In the event sufficient budgeted funds are not available for a new fiscal period, the purchasing department shall notify the vendor of such an occurrence and the contract shall terminate on the last day of the current fiscal period without penalty or expense to the district. 26. BID SAMPLES: The bidder shall provide product samples, without charge, when requested. Criteria used to determine compliance with specifications include, but are not limited to: performance, delivery lead time, workmanship, fit and finish, compatibility with existing stock, and durability. If the sample is not consumed through testing, it will be returned to the bidder when said request is submitted with the bid. Unused samples will be returned at the bidder’s risk and expense. The successful bidders’ samples may be retained until all the terms of the purchase order or contract have been fulfilled. All samples are to be submitted at the place indicated in the Special Conditions section of the bid in accordance with the instructions outlined therein. 27. PROMPT PAYMENT DISCOUNTS: Only prompt payment discounts offered for thirty (30) days or longer will be taken into consideration when determining low bid. 28. TIE BIDS: Prompt payment discounts offered by bidders will be considered to break tie bids. If all other factors are equal and no prompt payment discounts are offered, preference will be given to a Florida resident vendor over an out-of-state vendor. If all vendors are Florida residents, a Pinellas County vendor will receive preference; if there is no Pinellas County vendor, preference will be given to the one closest to the Pinellas County School Administration Building, based upon mileage data provided by Mapquest.com. If all vendors reside out-of-state or all reside within Pinellas County, preference shall be given to a bid received from a business that certifies that it has implemented a drug-free workplace program in accordance with section 287.087, Florida Statutes. In order to receive preference, a signed certification of compliance must be submitted with the bid response. If all bids, or no bids include a certificate of compliance, the tie will be broken by a coin flip in the presence of witnesses. 29. ERRORS AND OMISSIONS: In the event a clerical error or obvious omission is discovered in a bidder’s proposal, either by the purchasing department or the bidder, the bidder may have the opportunity of withdrawing their bid, provided they can produce sufficient evidence to document that the error or omission was clerical in nature and unintentional. Copies of working papers, calculations, etc., may be requested at the purchasing department’s discretion, to support the validity of such a request. A bidder will not be allowed to change any information contained in its bid proposal; however, in the event of a minor omission or oversight on the part of the bidder, the purchasing department (or “designee”) may request written clarification from a bidder in order to confirm the district’s interpretation of the bidder’s response and to preclude the rejection of its bid, either in part or in whole. The purchasing department will have the authority to weigh the severity of the infraction and determine its acceptability. 30. BASIS OF AWARD OF BIDS: When price and specification compliance are the primary criteria for making the vendor selection, the Superintendent will recommend the lowest responsive and responsible bidder(s) to the Board. A "Responsive” Bidder is defined as one whose bid or proposal is in substantial conformance with the material requirements of the bid. A Bidder who substitutes its standard terms and conditions for the districts, or who qualifies its bid in such a manner as to nullify or limit its liability to the district will be considered non-responsive. A "Responsible" bidder is defined as one who is able to perform and satisfactorily fulfill the requirements described in the invitation to bid or request for proposal. The district may apply all, or any part of the following criteria to measure a Bidder’s degree of responsibility.  Size of firm  District’s past experience with firm  Financial status of firm  Capabilities of Management and Technical staff  Labor relations  Internal procedures of the firm  Capacity of the firm  Bonding capacity  Reputation of firm among its peers  Customer references  Service after the sale  Facilities and reserve facilities  Location of firm  Location of service facilities  Professional credentials When additional criteria other than price must be considered, a point system may be used to make the vendor selection, the Superintendent will then recommend the vendor receiving the highest point score to the Board. With Requests for Proposals, where a point and ranking system is used to make the vendor selection, the Superintendent will recommend the vendor ranked best to the Board. Slight variations or irregularities may be accepted by the Board if either is found to be in its best interest. The Superintendent (or designee) shall be solely responsible for determining the acceptability of a bid. 31. REJECTION OF BIDS: A bid may be rejected by the purchasing department if it is non- responsive or the bidder is determined to be not responsible. A bid is not officially rejected until the School Board takes official action. . The Board reserves the right to reject any or all bids received, but not for arbitrary or capricious reasons. GENERAL TERMS & CONDITIONS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 6 of 28 32. NOTICE OF INTENT TO AWARD BIDS: Once bids are evaluated and a recommendation for award is received by the purchasing department, a Notice of Intent to Award will be posted on the purchasing department’s Web site @ www.pcsb.org/purch. For those who do not have Internet access, the notice will also be posted in a conspicuous location in the purchasing office located at the Largo Administration Building, 301 4th Street S.W., Largo, Florida. The recommendation for award is not official until this notice is posted. Intent to Award Notices are normally posted on or about the Monday two weeks preceding the Board meeting when the bid is scheduled for award. See the “Key Events & Dates” section of the Special Conditions for specific information. Occasionally a supplemental posting may occur after the regular Monday posting if it is essential to include the bid on the next Board agenda. This schedule may vary depending on the Board meeting schedule from month to month. Since this information is available as outlined above, the purchasing department will not mail or fax intent to award notices to all bidders. 33. BID PROTEST: If a bidder wishes to protest a bid, they must do so in strict accordance with the procedures outlined in FS 120.57(3). Copies of this procedure are included in the bid document and are also available @ www.pinellas.k12.fl.us/purch/bidaward.html or from the purchasing department at the Largo Administration Building Office, 301 4th Street S.W., Largo, FL 33770-3536. Any person who files an action protesting the bid specifications or a decision or intended decision pertaining to this bid pursuant to FS 120.57(3)(b), shall post with the purchasing department at the time of filing the formal written protest, a bond payable to the Pinellas County School District in an amount equal to 1 percent (1%) of the total estimated contract value, but not less than $500 nor more than $5,000, which bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier's check, certified bank check, bank certified company check, money order or U.S. currency will be acceptable form of security. If, after completion of the administrative hearing process and any appellate court proceedings, the district prevails, it shall recover all costs and charges which shall be included in the final order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorney's fees. Upon payment of such costs and charges by the protester, the protest security shall be returned. If the protester prevails, he or she shall recover from the district all costs and charges which shall be included in the final order of judgment, excluding attorney's fees. 34. NOTIFICATION OF BID AWARD: After the Board awards a bid, the purchasing department will issue an official award letter, a purchase order, or both, which will authorize the bidder to commence delivering materials or providing services. 35. AUTHORIZATION TO PERFORM UNDER A CONTRACT: All purchases must be properly authorized in advance. Vendors must first obtain either a printed purchase order, a purchase order number or a purchasing card account number before commencing performance under a contract. Vendors shall take no directions to modify (increase, change, decrease, cancel) a purchase order, once issued, from anyone other than the buyer listed on the purchase order. Additional work must be authorized in advance by the buyer who will issue either a change order to the original purchase order or a supplemental purchase order. The vendor assumes all liability for any costs or damages incurred and payment will be denied for additional work if this procedure is not strictly followed. 36. PRESS RELEASES AND PUBLICITY: No announcements or news releases pertaining to the bidder’s participation in this bid or the award of this contract shall be made by the bidder, its representatives or agents without authorization from the purchasing department. 37. POINT OF CONTACT: The district will consider the selected bidder(s) to be the sole point of contact with regard to all contractual matters, including payment of any and all charges. 38. ASSIGNMENT OF CONTRACT: The final contract to be awarded and any resulting amounts to be paid shall not be transferred, pledged, or assigned without the prior written approval of the district. 39. LICENSES AND PERMITS: The vendor shall obtain and pay for all necessary licenses, permits, and related documents required to comply with the bid specifications. The vendor shall save and hold harmless the district as a result of any infraction of the aforementioned. 40. CONDITION OF ITEMS: Unless otherwise specified in the Special Conditions section of the bid, all items requested must be new, the latest model manufactured, first quality, carry the manufacturer’s standard warranty and be equal to or exceed the specifications listed in the bid. Bids for “used, remanufactured or reconditioned” equipment or “blems or seconds” will not be considered unless specifically requested in the bid documents. 41. INSPECTION: The district reserves the right to have inspectors on the premises of the bidders or manufacturers at any time during the manufacturing or assembly process to verify compliance with bid specifications. 42. PACKAGING: All products require adequate packaging to protect them from damage in transit. Packaging must fully cover and protect merchandise. Vendors must fully comply with all special packaging requirements, if and when specified in the bid document. When corrugated carton packaging is specified, poly wrap or blanket wrap will not be acceptable. Bidders are requested to provide products with environmentally safe packaging if at all possible. The district assumes no responsibility for damage of any kind incurred while the items are in transit. Bidders may adjust unit packaging up or down only when attempting to reach the next standard unit pack. Otherwise, only exact quantities requested will be accepted and no overages will be allowed. 43. PATENTS AND COPYRIGHTS: The bidder agrees to indemnify and save harmless the Board, its officers, agents and employees, from and against any and all claims and liabilities of any nature or kind, including without limitation attorneys’ fees and costs, for use of any copyrighted or non-copyrighted materials, secret process, patented or unpatented inventions, articles or appliances, furnished or used in performance of the contract for which the contractor is not the patentee, assignee or licensee. http://www.pcsb.org/purch GENERAL TERMS & CONDITIONS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 7 of 28 44. INDEMNIFICATION/HOLD HARMLESS AGREEMENT: Awarded bidders/bidders shall, in addition to any other obligation to indemnify The School Board of Pinellas County, Florida, and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the Board, its agents, officers, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: 1. Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the contractor, subcontractor, anyone directly or indirectly employed by any of them, of anyone for whose acts any of them may be liable in the performance of the work; or 2. Violation of law, statute, ordinance, governmental administrative order, rule or regulation by contractor in the performance of the work; or 3. Liens, claims or actions made by the contractor or any subcontractor or other party performing the work. The indemnification obligations hereunder shall not be affected by any limitation on the amount, type of damages, compensation or benefits payable by or for the contractor of any subcontractor under workers’ compensation acts; disability benefit acts; other employee benefit acts or any statutory bar. The bidder will carry comprehensive general liability insurance, including contractual and product liability coverage, with minimum limits acceptable to the Board, and will, at the request of the Board, supply certificates evidencing such coverage. This article will survive the termination of the Contract. 45. E-VERIFY: a) Pursuant to Section 448.095, F.S. (2020), Contractor shall use the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all employees hired during the term of this Agreement. b) Subcontractors i) Contractor shall require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. ii) Contractor shall also require all of its Subcontractors to provide to Contractor with an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined by Section 448.095, F.S. (2020). iii) Contractor shall provide a copy of such Subcontractor affidavits to the School Board upon receipt and shall maintain a copy for the duration of the Agreement. c) Contractor must provide to School Board evidence of compliance with Florida law regarding E-Verify during any initial procurement application phase or, if a current vendor, no later than December 10, 2020. Evidence may consist of, but is not limited to, providing notice of Contractor’s E- Verify number coupled with an affidavit that all of Contractor’s Subcontractors similarly comply with the law. d) Failure to comply with these provisions is a material breach of the Agreement, and School Board may choose to immediately terminate the Agreement at its sole discretion without penalty. Further, in accordance with Florida law, if School Board gains a good faith belief that Contractor and/or any of its Subcontractors are violating this or other applicable laws during the course of the performance of work under the Agreement, School Board may be required to terminate the Agreement. Under the circumstances described in this subsection D., Contractor is liable for all costs associated with School Board as a result of the termination of the Agreement, including but not limited to higher costs for the same services and costs of re- procurement. 46. STANDARDS OF CONDUCT Vendors awarded a contract will be held to the same standards of conduct as employees of the school district while conducting business with the district. These standards, as defined in School Board policies, will apply not only to employees of the vendor, but also to the employees of its subcontractors. 47. ITEM SUBSTITUTIONS & DISCONTINUATIONS: Under no circumstances may a vendor substitute a different product for any item they were awarded from this bid without prior approval from the purchasing department. In the event an awarded item is discontinued by the manufacturer or the vendor no longer offers the item in their product line during the term of this bid, the vendor must provide an acceptable substitute item at a mutually acceptable negotiated price, or risk being found in default. The vendor must file a written request with the purchasing department and be granted approval to substitute, in writing, before any substitution may be made. Requests to substitute should be accompanied by complete detailed, technical specifications for the proposed substitute item, and a sample, if requested. The district reserves the right to purchase on the open market while negotiations are being conducted. 48. RECEIPT OF MERCHANDISE & DELIVERY NOTIFICATION: The purchaser reserves the right to reject any and all materials or products delivered which, in its opinion, do not comply with the bid specifications, within 5 calendar days of receipt. All materials or products rejected by the purchaser shall be promptly removed and replaced by the vendor at no charge. All shipments are to be off- loaded from the delivery vehicle to the loading dock or brought inside the building if the facility has no loading dock. The exception will be for materials obviously intended for outdoor use. All shipments must be made by door-to-door rail freight or motor truck line. There are no rail sidings at any of our locations. Deliveries shall be made between the hours of 8:00 a.m. and 2:30 p.m., Monday through Friday, excluding holidays. Exceptions to this schedule will be stated in the Special Conditions or on the purchase order. For shipments which may require the assistance of district personnel to off-load merchandise, or when the purchase order specifies vendor installation, the person to whose attention the items are being shipped should be notified a minimum of forty-eight (48) hours prior to delivery to allow sufficient time to prepare the area. Telephone numbers are included on all purchase orders directly below the Ship-To Destination address for this purpose. 49. EQUIPMENT DEAD ON ARRIVAL (D.O.A.): Any product shipped which arrives inoperable or ceases to function within seven (7) business days of the initial installation shall be considered D.O.A. and shall be replaced by the vendor with a new product identical to the one ordered within 30 days of notification. GENERAL TERMS & CONDITIONS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 8 of 28 50. RETURNED MERCHANDISE: All merchandise returned for any reason other than vendor error, vendor misrepresentation of product capabilities, or product defects may be subject to no more than a 15% restocking fee and return freight charges, negotiable between the district and the vendor. It is understood that merchandise should be returned in the original factory sealed carton whenever possible. The vendor shall provide a return merchandise authorization (RMA) without requiring a purchase order or credit card. The vendor shall ship replacement merchandise prior to receipt of returned merchandise, if applicable. 51. INVOICES AND PAYMENT TERMS: All invoices, packing lists, and correspondence should reference our purchase order number. Unless otherwise stated in the Special Conditions, payment will only be made after the merchandise or services have been:  Received complete or substantially complete;  Inspected and found to comply with all specifications and be free of damage or defect;  Properly invoiced. To ensure timely payment, all original invoices should be submitted to the Accounts Payable Department, Pinellas County School Board, PO Box 2942, Largo, FL., 33779-2942. A minimum of thirty (30) days is required for payment. Photocopies of original invoices may be sent to other district personnel if requested, but the original copies must be sent to the Accounts Payable Department. Only the Accounts Payable Department may direct you otherwise. Failure to follow this procedure may result in payment delays. Occasionally a school may issue its own internal purchase order. Invoices associated with a SCHOOL purchase order should be submitted directly to the school for payment. Do not send invoices associated with school purchase orders to the Accounts Payable Department. 52. BREACH OF CONTRACT AND TERMINATION FOR CAUSE: The District reserves the right to terminate this contract for cause which shall include without limitation the failure of the vendor to comply with any provision of this contract. Prior to the district terminating a contract, the Director of Purchasing will initiate an internal review of the case in which the vendor may be invited to participate. If after examining the facts surrounding the case, it is determined that sufficient grounds exist to declare the vendor in default, the Superintendent (or designee) shall provide the vendor written notice of default and termination, making specific reference to the provision(s) that gave rise to the breach. If the nature and scope of the breach would allow for a cure within 10 days, the notice shall inform the vendor of its right to cure the default within the ten (10) days following receipt of the notice. If the breach is not cured within said 10 day period, the Superintendent (or “designee”) shall serve a written notice of termination on the vendor, which shall become effective upon the vendor’s receipt of such notice. The failure of either party to exercise its rights shall not be considered a waiver of such rights in the event of any further breach or non-compliance. In the case of termination, only the portion of the contract satisfactorily performed before the date of termination will be due and payable to the vendor. If bid performance security was required with the bid, the district may elect to execute the performance security as liquidated damages. If bid performance security was not required, the bidder shall pay to the district, as liquidated damages, an amount equal to 5% of the total estimated value of the item(s) in question or $25, whichever amount is larger. If the bid pricing was expressed as a lump sum amount, then the amount due will be 5% of the remaining value of the contract. A vendor who fails to pay said liquidated damages within fifteen (15) days after notification that liquidated damages are due, shall lose eligibility to transact business with the district for a period of not less than one (1) year, but no more than two (2) years after the date of the default. Thereafter, the bidder may request to be reinstated to the active bidders list. Either party may terminate the contractual relationship between them, including the obligation for payments for goods or services not yet delivered, without cause by sending ninety (90) days written notice to the other party. 53. RENEWAL OF BIDS: Unless otherwise specified in the Special Conditions section, bids may be renewed for one (1) term equal to the original bid term, or for two (2) successive one (1) year periods, whichever is greater, under similar terms, conditions and specifications as the original bid. 54. ACCESS TO RECORDS: The District, a Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the bidder, contractor or subcontractor which are directly pertinent to this specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 55. ENERGY POLICY AND CONSERVATION ACT (Appendix II to 2 CFR 200): All vendors, contractors and subcontractors must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. (42 U.S.C. 6201). (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation). 56. EQUAL EMPLOYMENT OPPORTUNITY (Appendix II to 2 CFR 200 (C)): All vendors, contractors and subcontractors must comply with Executive Order 11246 of September 24, 1965, entitled ‘‘Equal Employment Opportunity,’’ as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (Applies to all construction contracts awarded in excess of $10,000 by the district and their contractors or subgrantees). (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation). 57. COPELAND “ANTI-KICKBACK” ACT (Appendix II to 2 CFR 200): All vendors, contractors and subcontractors must comply with the Copeland ‘‘Anti-Kickback’’ Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (Applies to all contracts and subgrants for construction or repair). (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation for construction or repair). 58. DAVIS-BACON ACT (Appendix II to 2 CFR 200 (D)): All vendors, contractors and subcontractors must comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a–7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and sub- grantees when required by Federal grant program legislation). GENERAL TERMS & CONDITIONS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 9 of 28 (Applies to construction contracts in excess of $2000 awarded by the district and subgrantees when required by Federal grant program legislation). (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation for construction or repair in excess of $2000). 59. BYRD ANTI-LOBBYING AMENDMENT (Appendix II to CFR 200 (I)): All vendors, contractors and subcontractors that apply or bid an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation over $100,000.) 60. CONTRACT WORK HOURS & SAFETY STANDARDS ACT (Appendix II to 2 CFR 200 (E) ): All vendors, contractors and subcontractors must comply with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–330) as supplemented by Department of Labor regulations (29 CFR part 5). (Applies to all construction contracts awarded by the district and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers). (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation). 61. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (Appendix II to 2 CFR 200 (F)): If the Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties assignment or performance of experimental, developmental, or research work under that “funding agreement” the recipient must comply with the requirements of 37 CFR Part 401 “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation). 62. RECORDS RETENTION (2 CFR 200.318(i)): All vendors, contractors and subcontractors must retain all records pertaining to this contract for three years after the District makes final payments and all other pending matters are closed. (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation) 63. CLEAN AIR AND WATER POLLUTION ACTS (Appendix II to 2 CFR 200 (G)): All vendors, contractors and subcontractors must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (Applies to contracts, subcontracts, and subgrants of amounts in excess of $150,000). (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation for contracts over $150,000). 64. PROCUREMENT OF RECOVERED MATERIALS (CFR 200.322) A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the time exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 65. SCRUTINIZED COMPANIES: By submitting a bid any vendor/contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List; has been placed on the Scrutinized Companies That Boycott Israel List or is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria. In the event that it is subsequently determined that the vendor/contractor submitted a false certification, any contract resulting from this bid may be immediately terminated in accordance with FL Statute 287.135. 66. VARIANCE IN CONDITION: Any and all Special Conditions and specifications attached hereto which vary from these GENERAL TERMS and CONDITIONS, shall have precedence. SPECIAL CONDITIONS (4-852-a.dot) Rev . 04/21/10 The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 10 of 28 SCOPE The purpose and intent of this invitation to bid is to select suppliers to provide and deliver Motor Vehicle Brake Parts to PCSB locations, county wide, and to secure firm, net pricing and discounts for the contract period as specified herein. CONTRACT PERIOD The Contract Period shall commence on October 28, 2020, and end October 27, 2021. Prices and discounts shall remain firm for this period and shall include ALL freight and handling charges. CONTRACT VALUE For the purposes of calculating the amount of a protest bond, this contract is valued at approximately $125,000.00/year, excluding renewal options. This is only an estimate and the actual amount could vary up or down. The district will not be held responsible if actual purchases are less than this amount. BID CONTENT & SUBMITTAL Two (2) complete copies (1 original & 1 copy) of the bid proposal shall be submitted by respondents. Each bid proposal shall include all information and submittals required or requested in this bid. Incomplete bid proposals may be declared non-responsive. Please refer to the Submittal Checklist on page 23 for a list of required or requested submittals. AWARD This is NOT an “All or None” bid. The award is to be made by Section to the bidder offering the lowest total net cost after discounts have been applied to the representative sample parts in each section. The District reserves the right to reject any item within a section and award the balance of that category. RENEWAL OPTION By mutual consent of the School Board of Pinellas County, Florida, and the successful bidder, this contract may be renewed for two (2) additional one (1) year contract periods as long as price increases do not exceed the rate of inflation determined by the Consumer Price Index 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 from the commencement of the initial term of the contract to commencement of each extension period. If bidding discounts from list price, discounts offered may not change. PREFERENCE TO FLORIDA BUSINESSES Effective July 1, 2012, when a school district is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal or reply is by a vendor whose principal place of business is in a state or political subdivision which grants a preference by that state or political subdivision, then the school district shall award an equal preference to the lowest responsible and responsive vendor having a principal place of business within Florida. In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state, and that state does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be 5 percent. See Section 287.084 (1)(a), F.S. A vendor whose principal place 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 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 Section 287.084 (2), F.S. SPECIAL CONDITIONS (4-852-a.dot) Rev . 04/21/10 The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 11 of 28 In order for your bid to be considered responsive, please utilize the form titled “Bidder’s Statement of Principal Place of Business”. NOTE: IF YOU ARE A VENDOR WHO’S PRINCIPAL PLACE OF BUSINESS IS NOT IN THE STATE OF FLORIDA, YOU MUST COMPLETE THIS FORM INCLUDING A SIGNATURE FROM AN ATTORNEY ATTESTING TO THE STATE BIDDING PREFERENCE. FAILURE TO COMPLETE AND SIGN THIS FORM WILL CAUSE YOUR BID TO BE CONSIDERED NON-RESPONSIVE. ADJUSTMENTS TO CONTRACT TERMS & CONDITIONS NECESSITATED BY VOLATILITY OF THE MARKETPLACE The district may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply are affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all of the following criteria: 1. The volatility is due to causes wholly beyond the vendor’s control 2. The volatility affects the marketplace or industry, not just the particular vendor’s source of supply 3. The effect on pricing or availability of supply is substantial 4. The volatility so affects the vendor that continued performance of the contract would result in substantial loss or financial hardship The determination as to whether a situation represents “extreme” volatility of the marketplace and/or whether the effect on pricing or availability is “substantial” shall be solely at the discretion of the district. Requests for adjustments will not be considered more than once in a 90-day period. BACKGROUND SCREENING As required by The Jessica Lunsford Act [s.21 of Ch.2005-28, L.O.F.], if anyone representing a vendor under contract with the school district will have access to school grounds when students are present, have direct contact with students or have access to or control of school funds, such personnel are required to be screened at Level 2, to include fingerprinting, statewide criminal and juvenile justice records checks through the Florida Department of Law Enforcement and federal criminal records checks through the Federal Bureau of Investigation. [s. 1012.465, Florida Statutes] The requirements of this law must be met in order for the School Board to contract with your company. To make an appointment to be screened by Pinellas County Schools, go to: http://fieldprintflorida.com/ For a full submission (fingerprinting and badge) use code FPPCSVendors. For a badge only (badge replacement) use code FPPCSBadge. If Contractor/Vendor is awarded all or a portion of this bid, Contractor/Vendor hereby acknowledges and agrees to abide by the Florida Jessica Lunsford Act (1012.465, F.S.) and obtain, at its own cost, Level 2 clearance of all employees, agents, and subcontractors who (1) have access to school grounds when students are present, (2) have direct contact with students, on or off school grounds, or (3) have access to or control of school funds. NON-EXCLUSIVE AGREEMENT This bid does NOT establish an exclusive arrangement between the district and vendor. The district reserves, but is not limited to, the following rights:  The unrestricted right to use others to perform work, provide services or deliver the same or similar products as described herein when it is to the economic benefit of the district. http://fieldprintflorida.com/ SPECIAL CONDITIONS (4-852-a.dot) Rev . 04/21/10 The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 12 of 28  The unrestricted right to separately bid any work, products or services as described herein when it is to the economic benefit of the district. WARRANTY All equipment purchased from this bid shall carry the manufacturers’ standard warranty, unless otherwise specified. PRODUCT PROCUREMENT AFTER CONTRACT AWARD It may be necessary to add new products to this contract after the successful vendor is awarded the contract. The awarded vendor shall submit pricing and product specifications to the Purchasing Department for final approval before delivery of any such items. BUSINESS HOURS & DAYS OF OPERATION Regular School Year Days of operation are Monday thru Friday (excluding holidays) 8 a.m. to 4:30 p.m. Warehouse receiving 6:30 a.m. to 2 p.m. Summer From approximately the 1st week of June thru the 1st week of August all schools are closed, with the exception of those that may be in summer session. Beginning the 2nd week of August, schools are once again in session. For more specific information call (727) 588-6143 to confirm if a school can accept deliveries. Days of operation are Monday thru Thursday as follows:  Administrative Facilities and Schools: 7:30 a.m. to 5:30 p.m.  Walter Pownall Service Center: 6:30 a.m. to 5 p.m. (receiving 6:30 a.m. to 4:30 p.m.) HOLIDAY BREAKS Each year, schools and administrative offices are closed for Thanksgiving, winter and spring break periods. Shipments cannot be accepted during these periods. These dates will vary each year depending upon our negotiated personnel calendar and when the Holidays actually fall. Thanksgiving, 2020 November 25 thru November 27, 2020 Winter Break, 2020: December 19 thru January 3, 2021 Spring Break, 2021: Schools: March 15 thru March 19, 2021 Administrative Offices: March 15 thru March 20, 2021 SPECIAL CONDITIONS (4-852-a.dot) Rev . 04/21/10 The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 13 of 28 KEY EVENTS & DATES:  August 19, 2020 Bid notice e-mailed to prospective bidders & bidding documents posted on the www.publicpurchase.com  September 10, 2020 Last Day to request additional information or clarification  September 17, 2020 Proposals due in Purchasing @ 3 p.m. E.T. Public bid opening to follow immediately thereafter in Room A318, Purchasing Department, School Administration Building, 301 4th Street S.W., Largo, Florida. NOTE: EFFECTIVE UNTIL FURTHER NOTICE: BIDS MAY BE SENT ELECTRONICALLY THROUGH PUBLIC PURCHASE DUE TO THE COVID-19 OUTBREAK. THIS OPTION MAY BE RESCENDED AT ANYTIME. UPLOAD TO www.publicpurchase.com ALLOW SUFFICIENT TIME IF YOU ARE UPLOADING LARGE FILES AS THE BIDS MUST BE RECEIVED BY THE SPECIFIED DUE DATE AND TIME. NOTE: The Largo Administration Building is now a secured building effective December 1, 2015 and visitor procedures have changed. Inform the officer at the front desk that you have a bid to be delivered to the Purchasing Department. The officer will call Purchasing and someone from the department will come to the front desk to date and time stamp your bid and provide a receipt. This process may take several minutes, so please allow sufficient time when hand delivering a bid submittal.  September 22-30, 2020 Evaluate bids and make selection of contractor(s)  October 2, 2020 Recommendation For Award Submitted to Purchasing by Vehicle Maintenance Department  *On or About October 12, 2020 Notice of Intent to Award posted in the purchasing department and on the department’s Web site @ http://pcsb.org/Page/746  *October 27, 2020 Submit Recommendation for award to School Board for approval (estimated date of School Board approval) *If the time allotted to evaluate bids and make the selection of contractors as stated above proves to be insufficient, the posting of the Notice of Intent To Award and the Board approval date could both slip two weeks or more. Continue to monitor our website or contact the purchasing department for more specific information as to when the notice will be posted. ADDITIONAL QUESTIONS/CLARIFICATIONS Additional questions or clarifications regarding this Request for Proposal shall be directed in writing to the buyer listed on page 1 of this document by the end of the day listed on the Key Events & Dates table as the “Last Day to request additional information or clarification”. Direct questions and clarifications to: Jason O’Toole Buyer II otoolej@pcsb.org http://www.publicpurchase.com/ http://www.publicpurchase.com/ http://pcsb.org/Page/746 mailto:otoolej@pcsb.org SPECIAL CONDITIONS (4-852-a.dot) Rev . 04/21/10 The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 14 of 28 REVIEW OF STATE CONTRACTS Prior to the release of this Invitation to Bid, a review of the State of Florida purchasing agreements was conducted to determine if their use would be economically advantageous to the District. BID OPENING PROCEDURES Please be aware that any meeting at which (1) there is negotiation with a vendor, (2) a vendor makes an oral presentation, or (3) a vendor answers questions, pursuant to a competitive solicitation, are closed to competitors and other members of the public. Team meetings at which negotiation strategies are discussed are likewise closed. Such meetings shall be recorded. The School Board’s practice of reviewing and disclosing pricing and other contents of bid proposals have changed in accordance with recent changes in the law. At bid openings, district personnel will only reveal the names of the bidders, unless the bid or proposal is a competitive solicitation for construction or repairs on a building, then the name of each bidder and price submitted shall be read at a public bid opening per F.S. 255.0518. The recordings and bid proposals shall be exempt from public records requests until such time as the notice of an intended decision is published or until 30 days after opening the bids, proposals, or final replies, whichever occurs earlier. If the School Board rejects all bids, proposals, or replies and concurrently provides notice of its intent to reissue a competitive solicitation, the recordings and any records presented at the exempt meeting remain exempt from public records requests until such time as the School Board provides notice of an intended decision concerning the reissued competitive solicitation or until the School Board withdraws the reissued competitive solicitation. A recording and any records presented at an exempt meeting are not exempt for longer than 12 months after the publication of the initial notice rejecting all bids, proposals, or replies. Section 119.071(1)(b), F.S.; and Section 286.0113, F.S. PUBLIC RECORD LAW Public Records: Section 119.0701, Florida Statutes, requires that the Contractor comply with Florida’s public records laws with respect to services performed on behalf of the School Board. Specifically, the statute requires that the Contractor: a. Keep and maintain public records required by the School Board to perform the service. b. Upon request from the School Board’s custodian of public records, provide the School Board 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 Chapter 119 of the Florida Statutes or as otherwise provided by law. 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 term of this Agreement and following completion of the Agreement if the Contractor does not transfer the records to the School Board. d. Upon completion of the Agreement, transfer, at no cost, to the School Board all public records in the possession of the Contractor or keep and maintain public records required by the School Board to perform the service. If the Contractor transfers all public records to the School Board upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e. A request to inspect or copy public records relating to this Agreement must be made directly to the School Board. If the School Board does not possess the requested records, the public agency shall immediately notify the Contractor of the request, and the Contractor must provide the records to the School Board or allow the records to be inspected or copied within a reasonable time. SPECIAL CONDITIONS (4-852-a.dot) Rev . 04/21/10 The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 15 of 28 f. The failure of the Contractor to comply with these provisions, if applicable, shall constitute a default and material breach of this Agreement, which may result in immediate termination, with no penalty to the School Board and may also result in penalties under Section 119.10, Florida Statutes. g. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, HOLLY MANNING, SUPERVISOR OF RECORDS MANAGEMENT AT 727- 793-2701 X 2021, 2929 COUNTY ROAD 193, CLEARWATER, FL 33759, manningh@pcsb.org. INTEGRITY OF BID DOCUMENTS Bidders shall use the original Bid Proposal Forms provided by the Purchasing Department and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the Bid Proposal Form if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original bid documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of a bid. Any such modifications or alterations that a bidder wishes to propose must be clearly stated in the bidder’s proposal response and presented in the form of an addendum to the original bid documents. EXCEPTIONS TO GENERAL TERMS AND CONDITIONS Bidders taking any exceptions to the General Terms and Conditions, pages 2-8 of this document, will be reviewed by staff prior to evaluation of bids. Exceptions to the General Terms and Conditions may be cause for rejection of your bid. FILLABLE BID FORMS For your convenience, some of the forms which must be completed and submitted along with your bid proposal will be posted along with the bid document on the district website in a protected Word file format which will enable you to type your responses on the forms. The file will be named 21-022bidforms. Please use these forms to avoid the need to hand write information. If sufficient room has not been provided on the form to enable you to enter a complete response, please include a supplemental attachment if necessary. Please note that this file may not include all the forms that should be submitted with your bid proposal so please check the Submittals Checklist near the end of this document for a complete list of requested and required submittals. mailto:manningh@pcsb.org SPECIFICATIONS (4-852-a.dot) Rev . 04/21/10 The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 16 of 28 **Important Notice** All brake linings, drums, rotors, and other brake components purchased under this bid are to be factory approved and Certified by the Original Equipment Manufacturer as being safe for use on the motor vehicles for which they were designed. These components must carry a warranty from the manufacturer against defects and the manufacturer shall also hold harmless the Pinellas County School District for any liability that may arise due to any such manufacturer’s defect. The brake components covered by this bid are required to be delivered, as needed, by the awarded vendor(s) to the following locations: Walter Pownall Service Center 11111 S. Belcher Road Largo, FL 33773 (727) 547-7243 49th Street Bus Compound 635 49th Street South. St. Petersburg, FL 33707 (727) 893-1100, ext. 1017, 1018 Lealman Bus Compound 4100 35th Street N, St. Petersburg, FL 33714 (727) 528-5800, ext. 2009, 2010 Clearwater Bus Compound 2190 Cleveland Street Clearwater, FL 33765 (727) 298-1643 Tarpon Springs Bus Compound 806 S. Levis Avenue Tarpon Springs, FL 34689 (727) 943-4818, ext. 2005, 2006 BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 17 of 28 The sample items listed within each section are only limited examples of the items that will be purchased by the District, and are shown here strictly for the purpose of determining the lowest responsive and responsible bidder to facilitate the award of this bid. The discounts that are offered by the bidder are to be deducted from manufacturer pricelists, and shall apply to other like items supplied by such manufacturer, not listed here, that may also be purchased during the contract period. IF LISTED ITEM NUMBER IS OBSOLETE, OR OTHERWISE NO LONGER AVAILABLE, PLEASE BID THE REPLACEMENT ITEM NUMBER. Section I – Passenger Car & Light Truck Brake Parts Brake Pads, Brake Shoes, Rotors, Drums, Master Cylinders, Brake Hoses and Lines, Calipers, Wheel Cylinders, Brake Hardware Kits, Power Boosters, Hydro-Boosters and related items. Note: Part numbers with the letter “R” designate a remanufactured part. Item # & Description Requested Manufacturer Manufacturer Bid Item # Bid Price List No. & Date Retail Unit Price Less Discount % Net Unit Price Brake Pad MKD1328 Bendix $ % $ Brake Pad MKD459 Bendix $ % $ Brake Pad MKD1066 Bendix $ % $ Brake Pad MKD748 Bendix $ % $ Brake Pad MKD1083 Bendix $ % $ Brake Pad MKD1012 Bendix $ % $ Brake Drum PDR0613 Bendix $ % $ Brake Shoes R451 Bendix $ % $ Brake Shoes R452 Bendix $ % $ Brake Shoes R357 Bendix $ % $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 18 of 28 Section I – Passenger Car & Light Truck Brake Parts (Cont’d.) Item # & Description Requested Manufacturer Manufacturer Bid Item # Bid Price List No. & Date Retail Unit Price Less Discount % Net Unit Price Front Rotor 145134 Bendix $ % $ Front Rotor 145191 Bendix $ % $ Brake Drum 140619 Bendix $ % $ Master Cylinder (New ) 13252 Bendix $ % $ Master Cylinder (Remanufactured) R12717 Bendix $ % $ Brake Caliper R55688 Bendix $ % $ Brake Caliper R55687 Bendix $ % $ Brake Hose 78548 Bendix $ % $ Wheel Cylinder 33708 Bendix $ % $ Brake Booster Remanufactured R2771791 Bendix $ % $ Rear Drum Hardware Kit H7055 Bendix $ % $ Total Section I $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 19 of 28 Section II– Medium/Heavy Duty Truck, Bus & Trailer Brake Parts Brake Shoes and Linings, Stop Box Kits including hardware, Brake Pads, Brake Drums, Rotors, Brake Chambers, Air Dryers, Air Compressors, Valves, Air Lines and Hoses, Slack Adjusters, Hardware Kits and related items. Note: Part numbers with the letter “X” designate a remanufactured part. Item # & Description Requested Manufacturer Manufacturer Bid Item # Bid Price List No. & Date Retail Unit Price Less Discount % Net Unit Price Stop Box Kit KSMA2124702QP Meritor $ % $ Stop Box Kit KSMA2124707QP Meritor $ % $ Stop Box Kit KSMA3124720QP Meritor $ % $ Brake Drum ZBR3600AX Gunite $ % $ Brake Drum ZBR3721AX Gunite $ % $ Brake Drum ZBR66843X Gunite $ % $ Brake Drum ZBR3800X Gunite $ % $ Brake Drum ZBR3687X Gunite $ % $ Air Compressor 5014144X Bendix $ % $ Air Compressor 5011016X Bendix $ % $ Air Compressor 5004613X Bendix $ % $ AD-9 Air Drier Desiccate 107794X Bendix $ % $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 20 of 28 Section II– Medium/Heavy Duty Truck & Trailer Brake Parts (Cont’d) Item # & Description Requested Manufacturer Manufacturer Bid Item # Bid Price List No. & Date Retail Unit Price Less Discount % Net Unit Price AD-9 Purge Valve Kit 5005037 Bendix $ % $ Air Compressor 5014144X Bendix $ % $ Quick Release Valve 229860X Bendix $ % $ PP1 Valve BX800142 Bendix $ % $ Governor 275491X Bendix $ % $ Brake Chamber 30/30 Bendix $ % $ Brake Chamber Long Stroke 30/30 Bendix $ % $ S-Cam Repair Kit E-2086B Euclid $ % $ Total Section II $ ADDENDUM ACKNOWLEDGEMENT FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 21 of 28 ADDENDA ACKNOWLEDGMENT: The undersigned also acknowledges the receipt of the following Addenda: ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED BIDDER’S STATEMENT OF PRINCIPAL PLACE OF BUSINESS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 22 of 28 To be completed by each bidder and returned with your bid in order to be considered responsive Name of Bidder: Identify state in which bidder has its principal place of business: If your principal place of business is the State of Florida, you do not need to proceed any further on this form. If outside of Florida, identify political subdivision (state, county or municipality) in which bidder has its principal place of business: NOTE: Florida Statute Section 287.084(2) states 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, to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.” LEGAL OPINION REGARDING STATE BIDDING PREFERENCES (To be completed by the Attorney for an Out of State Vendor. Please select one) The bidders principal place of business is in the State of or in , a political subdivision thereof. It is my opinion that (check one): The laws of the state or political subdivision thereof do not grant a preference in the letting of any public contracts to business entities whose principal place of business are in that state or political subdivision. The laws of the state or political subdivision thereof do grant the following preference(s) in the letting of any public contracts to business entities whose principal place of business are in that state or political subdivision thereof. (Please describe preferences and provide citation to authority. Signature of out of state bidders’ attorney: Printed name of out of state bidders’ attorney: Address of out of state bidders’ attorney: Telephone number of out of state bidders’ attorney: Email of out of state bidders’ attorney Attorneys’ state(s) of bar admission: NOTE: IF YOU ARE A VENDOR WHO’S PRINCIPAL PLACE OF BUSINESS IS NOT IN THE STATE OF FLORIDA, YOU MUST COMPLETE THIS FORM INCLUDING A SIGNATURE FROM AN ATTORNEY ATTESTING TO THE STATE BIDDING PREFERENCE. FAILURE TO COMPLETE AND SIGN THIS FORM WILL CAUSE YOUR BID TO BE CONSIDERED NON-RESPONSIVE. SUBMITTALS CHECKLIST The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 23 of 28 Name of Bidder: Signature of Buyer: Signature of Evaluator: To help ensure that you include all the submittals necessary to complete a thorough evaluation of your bid proposal, we ask that you use this checklist to make sure you have enclosed all Required submittals before sealing and mailing your proposal. The list below comprises the Required Submittals, and they must be submitted at the time you submit your bid or your bid will be declared non-responsive. Submit Two (2) copies of your complete proposal, 1 original and 1 copy. Verified by Bidder Verified by Buyer Verified by Evaluator Description of Required Submittal Page No. Completed and signed Invitation to Bid Form 852-A. 1 Bid Proposal Forms 17-20 Completed and signed by an attorney, Bidder’s Statement of Principal Place of Business 22 Items listed as Requested should be submitted at the time you submit your bid to facilitate the bid evaluation process, but will not be cause for declaring your bid non-responsive. Verified by Bidder Verified by Buyer Verified by Evaluator Description of Requested Submittal Page No. Completed and signed Drug Free Workplace Certification Form (optional) 24 Completed and signed Certification Regarding Debarment Form AD-1048 25 The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 24 of 28 DRUG FREE WORKPLACE CERTIFICATION FORM In accordance with Florida Statute 287.087, preference shall be given to businesses with drug- free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free program, a business shall: 1) Publish 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) Inform 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) Give 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), notify 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) Impose a sanction on, or require 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. ____________________________ (vendor’s signature) The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 25 of 28 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). ***** BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE SIDE ***** (1) The prospective lower tier participant certifies, by submission of this proposal, 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. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attached an explanation to this proposal. Organization Name PR/Award Number or Project Name Name(s) and Title(s) of Authorized Representative(s) Signature(s) Date Form AD-1048 (1/92) The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 26 of 28 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decided the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Form AD-1048 (1/92) The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting (21-022pr115bid.doc) Page 27 of 28 Executive Order 12549--Debarment and Suspension Source: The provisions of Executive Order 12549 of Feb. 18, 1986, appear at 51 FR 6370, 3 CFR, 1986 Comp., p. 189, unless otherwise noted. By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to curb fraud, waste, and abuse in Federal programs, increase agency accountability, and ensure consistency among agency regulations concerning debarment and suspension of participants in Federal programs, it is hereby ordered that: Section 1. (a) To the extent permitted by law and subject to the limitations in Section 1(c), Executive departments and agencies shall participate in a system for debarment and suspension from programs and activities involving Federal financial and nonfinancial assistance and benefits. Debarment or suspension of a participant in a program by one agency shall have government-wide effect. (b) Activities covered by this Order include but are not limited to: grants, cooperative agreements, contracts of assistance, loans, and loan guarantees. (c) This Order does not cover procurement programs and activities, direct Federal statutory entitlements or mandatory awards, direct awards to foreign governments or public international organizations, benefits to an individual as a personal entitlement, or Federal employment. Sec. 2. To the extent permitted by law, Executive departments and agencies shall: (a) Follow government-wide criteria and government-wide minimum due process procedures when they act to debar or suspend participants in affected programs. (b) Send to the agency designated pursuant to Section 5 identifying information concerning debarred and suspended participants in affected programs, participants who have agreed to exclusion from participation, and participants declared ineligible under applicable law, including Executive Orders. This information shall be included in the list to be maintained pursuant to Section 5. (c) Not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in an affected program. An agency may grant an exception permitting a debarred, suspended, or excluded party to participate in a particular transaction upon a written determination by the agency head or authorized designee stating the reason(s) for deviating from this Presidential policy. However, I intend that exceptions to this policy should be granted only infrequently. Sec. 3. Executive departments and agencies shall issue regulations governing their implementation of this Order that shall be consistent with the guidelines issued under Section 6. Proposed regulations shall be submitted to the Office of Management and Budget for review within four months of the date of the guidelines issued under Section 6. The Director of the Office of Management and Budget may return for reconsideration proposed regulations that the Director believes are inconsistent with the guidelines. Final regulations shall be published within twelve months of the date of the guidelines. Sec. 4. There is hereby constituted the Interagency Committee on Debarment and Suspension, which shall monitor implementation of this Order. The Committee shall consist of representatives of agencies designated by the Director of the Office of Management and Budget. Sec. 5. The Director of the Office of Management and Budget shall designate a Federal agency to perform the following functions: maintain a current list of all individuals and organizations excluded from program participation under this Order, periodically distribute the list to Federal agencies, and study the feasibility of automating the list; coordinate with the lead agency responsible for government-wide debarment and suspension of contractors; chair the Interagency Committee established by Section 4; and report periodically to the Director on implementation of this Order, with the first report due within two years of the date of the Order. Sec. 6. The Director of the Office of Management and Budget is authorized to issue guidelines to Executive departments and agencies that govern which programs and activities are covered by this Order, prescribe government- wide criteria and government-wide minimum due process procedures, and set forth other related details for the effective administration of the guidelines. Sec. 7. The Director of the Office of Management and Budget shall report to the President within three years of the date of this Order on Federal agency compliance with the Order, including the number of exceptions made under Section 2(c), and shall make recommendations as are appropriate further to curb fraud, waste, and abuse. The School Board Of Pin