Swimming Pool Maintenance Services (Annual Contract)

SCCPSS Savannah-Chatham County Public School System 208 Bull Street / Savannah, Georgia 31401 / (912) 395-5600 April 16, 2024 Ladies and Gentlemen: The Savannah-Chatham County Public School System (SCCPSS) would like to take this opportunity to announce that it is requesting proposals for RFP 24-57 Swimming Pool Maintenance Services (Annual Contract). Enclosed is a Request for Proposals (RFP) packet, which provides instructions for the submission of proposals and identifies the goods and/or services requested by the SCCPSS. All proposals should be submitted electronically in the PDF format by email to the following SCCPSS Purchasing Department email address: purchasing@sccpss.com. Proposals will be accepted prior to the deadline, Thursday, May 16, 2024, at 11:00:00 a.m. (ET). Time is of the essence, and any proposal received on or after this deadline for submission will not be accepted. Offerors are responsible for ensuring

that their proposals are timely received and stamped by Purchasing Department personnel. If an Offeror does not receive an email confirmation that its proposal has been received and registered between 9:00:00 a.m. (ET) and 5:00:00 p.m. (ET) on the day the proposal is sent or prior to the deadline for proposal submissions on the date proposal submissions are due, then the Offeror should email or call the Purchasing Department at (912) 395-5572 to confirm receipt. While SCCPSS will accept all proposals received by the purchasing@sccpss.com email account before the deadline, offerors should not wait until the last minute to submit proposals. It shall not be sufficient to show that the proposal was sent by email before the scheduled deadline. Any proposal not received by the District by 10:59:59:99 a.m. (ET) will be rejected. All emails transmitting proposals must contain the following information in the subject line in Upper case: PROPOSAL FROM [OFFERORS NAME], PROPOSAL NUMBER, PROPOSAL NAME, CONFIDENTIAL UNTIL CLOSING DATE AND TIME. A copy of the proposal register will be posted to the District's website after the closing date. Please include with your proposal all documents requested by this solicitation, including, but not limited to, a copy of your firms current business license and certificate of insurance. Failure to include all of the information and/or documents requested by this solicitation could result in the Offerors submittal not being considered by the SCCPSS. If you have any questions concerning this solicitation, please submit them in writing to Teresa Jayne Phillips, Purchase Agent at purchasing@sccpss.com. Please note that all communications relating to this solicitation must be directed to the Purchasing Department pursuant to SCCPSS policy. If an offeror is unable to submit a proposal at this time but would like to remain on the list of potential vendors for the SCCPSS, please complete and return only the No Proposal Statement Form included with this RFP packet to purchasing@sccpss.com, with the Proposal Number, Name and No Proposal Statement in the subject line. Thank you for your interest in providing goods and services to the SCCPSS. Sincerely, colby P-CPP, CPPB Sehior Director, Purchasing Department Mission - To ignite a passion for learning and teaching at high levels. Vision - From school to the world: All students prepared for productive futures AN EQUAL OPPORTUNITY EMPLOYER RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) Page 1|50 RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) P a g e 2 | 50 REQUEST FOR PROPOSAL (RFP): 24-57 Swimming Pool Maintenance Services (Annual Contract) I. INTRODUCTION The Board of Public Education for the City of Savannah and the County of Chatham (the District), the body corporate responsible for public education in Chatham County, which is commonly known as the Savannah- Chatham County Public School System (SCCPSS), seeks sealed proposals as specified in this Request for Proposals (RFP) 24-57 Swimming Pool Maintenance Services (Annual Contract). It is worth noting at the outset that the competitive sealed proposal (RFP) process differs from competitive sealed bidding in two important ways: 1) It permits discussions with competing Offerors and changes in their proposal, including price; and 2) It allows comparative judgmental evaluations to be made on various criteria (in addition to cost) for award of the contract. Vendors who wish to be awarded a contract by the District to provide the goods and/or services requested by this RFP shall be referred to herein as the Offeror(s) or Bidder(s). To be considered for an award of a contract under this RFP, Offerors should carefully read this solicitation document, and all of the forms, product specifications, service requirements, contract documents, or other materials that may be attached hereto or referenced herein. This RFP and the associated documents identify the goods/and or services requested by the District, contain the instructions for preparing and submitting proposals, and outline the process by which the District will award a contract for those goods and/or services, if it decides to award a contract at all. II. GENERAL TERMS AND CONDITIONS FOR THIS RFP A. A Cone of Silence Applies to this RFP. A Cone of Silence is imposed upon this RFP after advertising and terminates at the time the District awards a contract. Except as specifically set forth below, the Cone of Silence prohibits any communications in any form (whether written, oral, or electronic) by, or on behalf of, a prospective Offeror for this solicitation, including any persons affiliated with or in any way related to a prospective Offeror, with any District employee, any member of the elected Board of Education that serves as the Districts governing body, the Superintendent or her staff, and any other persons involved in evaluating the proposal, such as program managers or members of any selection committee. The Cone of Silence is intended to prohibit lobbying for, or against, a particular Offeror or Offerors and to prevent prospective Offerors from circumventing the process for selection set forth in this RFP. The Cone of Silence does not apply to oral communications with the Director of Purchasing, or the Director of Purchasings designees, at pre-proposal conferences, site visits (as applicable), presentations before selection committees, contract negotiations with offerors selected for award, or at other times expressly allowed by this solicitation. Written communications expressly authorized by this solicitation, such as (1) the submission of the proposal itself, (2) requests for interpretation, requests for material substitutions, protests, or similar inquiries to the purchasing department, (3) documents circulated at oral presentations before selection committees, or (4) documents circulated in connection with contract negotiations with the offeror(s) selected for award are also permitted in communication with the Director of Purchasing or the Director of Purchasings designees. The Cone of Silence does not apply to presentations allowed by Board policy or to the Board of Education at a duly called public meeting. In addition to any other penalties provided by law, violation of the Cone of Silence by any offeror may result in the rejection of the offerors response and disqualify the offeror from being awarded any contract as a result of this solicitation. Any person having personal knowledge of a violation of these provisions shall immediately report such violations to the Districts Purchasing Department. RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) P a g e 3 | 50 B. The Goods and/or Services Requested by the District. The goods and/or services requested by the District in this RFP are described in more detail in Attachment A- Goods and/or Services Requested, Format of Proposals, Evaluation Criteria for Award, and Contract Requirements, which is incorporated into this RFP by this reference. C. The Advertising Dates for this RFP. This RFP is being advertised on the Purchasing Department page of the SCCPSS website, www.sccpss.com, from Tuesday, April 16, 2024, until the deadline for submitting proposals. This RFP is also being advertised on the Georgia Procurement Registry (GPR) from Tuesday, April 16, 2024, until the deadline for submitting proposals. This Request for Proposals (RFP) is also being advertised in the Savannah Morning News, the newspaper for legal notices in Chatham County, on the following dates: Tuesday, April 16, 2024, and Tuesday, April 30, 2024 D. Pre-Proposal Conferences Held by the Purchasing Department. Wednesday, May 1, 2024 @ 9:00 a.m. A pre-proposal conference is scheduled to occur on Wednesday, May 1, 2024, at 9:00 a.m. (ET). The pre-proposal conference will be held at Jenkins High School, 1800 East Derenne Avenue, Savannah, GA 31406. Depending to COVID-19 conditions prevailing at the time of the pre-proposal conference, the District may require participants to wear a mask and observe other COVID-19 safety protocols. E. The Deadline for Submitting Proposals in Response to this RFP. The deadline for submitting any proposals in response to this RFP, unless extended by the District, shall be: Thursday, May 16, 2024, at 11:00:00 a.m. (ET) Time is of the essence, and any proposal received on or after this deadline for submission will not be accepted. Offerors are responsible for ensuring that their proposals are timely received and stamped by Purchasing Department personnel. If an Offeror does not receive an email confirmation that its proposal has been received and registered between 9:00:00 a.m. (ET) and 5:00:00 p.m. (ET) on the day the proposal is sent or prior to the deadline for proposal submissions on the date proposal submissions are due, then the Offeror should email or call the Purchasing Department at (912) 395-5572 to confirm receipt. While SCCPSS will accept all proposals received by the purchasing@sccpss.com email account by 10:59:59:99 a.m. (ET) on Thursday, May 16, 2024, offerors should not wait until the last minute to submit proposals. It shall not be sufficient to show that the Proposal was sent to email before the scheduled deadline. Any proposal not received by 10:59:59:99 a.m. (ET) on Thursday, May 16, 2024, will be rejected. This deadline may be extended for all prospective offerors within the discretion of the Director of the Purchasing Department or her designee for any reason. A non-exclusive list of reasons why the deadline may be extended include: the issuance of addenda to this RFP or the associated specifications, a total absence of proposals, District closure due to inclement weather, etc. The Director of the Purchasing Department will either extend the deadline for all offerors or not all. Offerors may withdraw proposals at any time up to the scheduled time for receipt of proposals. Offerors may resubmit proposals provided it is prior to the scheduled time for receipt of proposals. Proposals can only be modified after the submission deadline to the extent allowed by the District. Care should be taken to ensure that information provided is accurate, complete, and consistent. Omission of any of the required information may subject the Offeror to disqualification. The District reserves the right to request information from Offerors. An Offerors failure to return requested information may result in the rejection of Offerors proposal as non-responsive. mailto:purchasing@sccpss.com RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) P a g e 4 | 50 F. Procedure for Delivery and Submission of Proposals and Withdrawal of Proposals. Offerors shall timely deliver Proposals by email to purchasing@sccpss.com. The proposal and all required forms shall be submitted as PDF documents attached to the email. All fee proposals will be written as outlined on the fee proposal form provided herein and submitted as a separate PDF file labeled RFP 24-57 Fee Proposal. NO FEES OR SERVICE COSTS SHALL BE IDENTIFIED OR DISCUSSED WITHIN THE TECHNICAL PROPOSAL DOCUMENT, OR DURING ANY FIRM INTERVIEWS, IF CONDUCTED. All emails transmitting proposals must contain the following information in the subject line in Upper case: PROPOSAL FROM [OFFERORS NAME], RFP NUMBER, RFP NAME, CONFIDENTIAL UNTIL CLOSING DATE AND TIME. Please include with your proposal all documents requested by this solicitation, including, but not limited to, a copy of your firms current business license and certificate of insurance. Failure to include all of the information and/or documents requested by this solicitation could result in the Offerors submittal not being considered by the SCCPSS. If a required form has a signature block for a notary, please sign that form in the presence of a notary and have the form notarized. To withdraw a proposal prior to the scheduled deadline, please email purchasing@sccpss.com. All withdrawal emails must contain the subject line Withdrawal of Proposal by [Offerors Name]- Proposal Number-Proposal Name. Proposals may not be withdrawn after the scheduled deadline for proposal submissions, except as allowed by law with the consent of the District. Reasonable abbreviations of the Offerors Name and the RFP Name that clearly identify the offeror and the solicitation while reducing the length of the subject line of the email will be accepted. Whether an abbreviation is reasonable and clearly identifies the offeror and the solicitation shall be determined in the sole discretion of the District. G. Receipt and Tabulation of Proposals. Proposals and modifications shall be time-stamped by the Purchasing Department upon receipt and the PDF saved to a limited access computer file prior to the submission deadline where it will be kept confidential until proposal registration, unless sooner withdrawn by an Offeror as allowed by this solicitation. Proposals formally withdrawn prior to proposal registration will not be publicly opened or considered but may be maintained by the District for its record keeping purposes. After the deadline for proposal submissions, proposals will be publicly registered and the proposal register will be posted publicly on the Districts website. Proposals and modifications will then be shown only to Board agents having a legitimate interest in the solicitation, which may include outside consultants engaged by the District to participate in the proposal evaluation process. Only after award of the contract shall proposals be open to public inspection. If this RFP is cancelled before the award of a contract, the District will retain, but not make open to public inspection, copies of the proposals it received to help preserve the competitiveness of a future solicitation process for the same goods and services, until the District completes the purchase of the goods and/or services requested in this solicitation or decides not purchase them at all in the near future. H. Timely-filed, Signed Proposals Considered an Offer. An Offerors timely-filed, signed proposal shall be considered an offer on the part of the offeror which may become a binding contract on the Offeror if accepted by the District at the conclusion of the proposal evaluation process. By submitting a proposal in response to this RFP, Offeror agrees that proposal will remain open for acceptance by the District for at least ninety (90) days without any changes in terms or pricing. mailto:purchasing@sccpss.com mailto:purchasing@sccpss.com RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) P a g e 5 | 50 In event that the Offeror refuses to perform its promises made in its offer after acceptance by the District, the District may take such action as it deems appropriate to redress the offerors failure to perform, including legal action for damages or equitable relief, including specific performance, for the Offerors lack of required performance. I. Non-Response by Prospective Offerors. If an Offeror does not wish to submit a proposal in response to this RFP but would like to remain on the list of potential vendors for the District, please complete and return only the No Proposal Statement Form included with this RFP packet to purchasing@sccpss.com. J. Form and Formatting of Proposals. The form and formatting requirements for proposals requested by this RFP are described in Attachment A- Goods and/or Services Requested, Format of Proposals, Evaluation Criteria for Award, and Contract Requirements and in the attached Proposal Form. K. Bid Bonds. A bid bond IS NOT required with offerors proposal for this RFP. L. Performance and Payment Bonds. Payment and Performance bonds ARE NOT required for this RFP. M. Offerors Essential Credentials and Business Structure to be considered a Responsible Offeror. To even be considered for a possible award of a contract for the goods and/or services requested by this RFP, an Offeror must be deemed a responsible Offeror by the Districts Purchasing Department. To be considered a responsible Offeror for the purpose of this RFP, a Offeror must be licensed and have the capacity to provide the goods and/or perform the services requested by this RFP and must be able to meet the minimum licensing, bonding, insurance, and contractual requirements of this RFP. The District reserves the right to request a Offeror provide additional information or documentation to demonstrate that it is a responsible Offeror. Failure to provide the requested additional information, in itself, will be sufficient grounds for the District to declare the Offeror to be not responsible for the purposes of this RFP. To be considered a responsible Offeror, the Offerors majority (51%) ownership, whether public or private, must be held by citizens or lawful permanent residents of the United States. To be considered a responsible Offeror, the Offeror must attach to its proposal a copy of any and all business licenses needed for the Offeror to provide the requested goods and/or services, including any local business licenses needed to provide the good and/or services requested by this RFP in Chatham County. If the Offeror is a corporation, a copy of a current Annual Corporate Registration issued by the State in which the Offeror is incorporated is required to demonstrate that the Offeror is a responsible Offeror. While any lawful form of business may be a responsible Offeror, if the Offeror is a partnership or joint venture, a copy of the contractual agreement between the partners or the participants in the joint venture must be provided with the Offerors proposal. The partnership or joint venture agreement must be adequate to its purpose of establishing a safe and well-structured good faith relationship between the participants, and must comply with all applicable laws, including Antitrust Laws. The agreement must include adequate provisions to address unforeseen events such as the demise of any one of the partners or joint venture companies, and the like. If the Offeror is a partnership or joint venture between two existing business entities, including, but not limited to, a corporation or LLC, then all partners should be routinely and on a daily basis in the business of providing services which are closely similar or identical to those Services solicited by this RFP. If the District determines that the form of the Offerors business, including a partnership or joint venture, was not created for a legitimate business purpose, could impair the Offerors performance in response to this solicitation, poses a liability to the District, or is otherwise not in the best interest of the District, then the District reserves the right to disqualify the Offeror and determine that it is not responsible. mailto:purchasing@sccpss.com RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) P a g e 6 | 50 If the Offeror is a joint venture, information and documentation must be provided to establish whether the joint venture is a business entity created for the purpose of functioning as the joint venture, or whether the joint venture is operated through the existing legal status of the venture partners. All information regarding the legal structure and reporting of income for tax purposes of the joint venture must be provided. It is the Districts intent to only enter into a contract as a result of this RFP with a single Offeror. The District reserves the right to reject as non-responsive or not responsible any proposal that requests the District to enter into contracts with multiple Offerors. N. Insurance, Warranty, Indemnity and Other Requirements for Responsible Offerors. To be considered a responsible Offeror, each Offeror will be required to meet minimum insurance, warranty, indemnity and other requirements set forth in more detail in Attachment A- Goods and/or Services Requested, Format of Proposals, Evaluation Criteria for Award, and Contract Requirements, which is incorporated by this reference. If the Offeror believes that additional insurance coverages other than those listed in Attachment A are required to ensure coverage for damages arising out of the performance of this contract, then Offeror should notify the District by the deadline for requests for interpretation and material substitution set forth below. O. O.C.G.A. 13-10-91 and E-Verify Compliance Required for Responsible Offerors. To be considered a responsible Offeror, all Offerors are required to comply with O.C.G.A. 13-10-91, a Georgia statute that prohibits a public employer such as the District from entering into any contract with a contractor who fails to participate in the federal work authorization program E-Verify or fails to demonstrate that it is not required to participate in the E-Verify program. In order to be deemed a responsible Offeror eligible for this RFP, the Offeror must provide the affidavit(s) or other documentation required O.C.G.A. 13-10-91. While the District provides sample O.C.G.A. 13-10-91 affidavit forms in this RFP, Offerors are solely responsible for familiarizing themselves with their obligations under O.C.G.A. 13-10-91 and making sure that they provide the District with the required documentation. P. Local and/or Minority/Women Business Enterprise (LMWBE) Policies. It is the policy of the District to maximize the utilization of qualified local, minority, and women owned business enterprises (LMWBEs) who provide professional services or who serve as prime contractors, subcontractors or suppliers as a part of the Districts facilities construction, maintenance and repair programs. Prime contractors on district construction projects shall make and document good faith efforts to maximize the utilization of qualified LMWBEs as subcontractors and suppliers and provide proof of such efforts and contracts with and payments made to LMWBEs upon request. The District also promotes capacity building within the local construction community and encourages the use of partnerships, teaming and mentorships to provide LMWBEs with relevant and necessary experiences to grow their business. For the purposes of this policy, good faith efforts may include, but not be limited to, the following: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (b)(1) through (5) of this section. (7) Attend pre-solicitation meetings to inform LMWBEs of subcontracting opportunities. (8) Advertise in general circulation media, trade association publications, and minority and women business enterprise media to provide notice of subcontracting opportunities. RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) P a g e 7 | 50 (9) Communicate with the City of Savannahs Office of Economic Development to identify available and qualified LMWBE firms. (10) Review the Districts list of vendors indicating an interest in providing services to the District. (11) Select portions of work for subcontracting in areas with established availability of LMWBE subcontractors. (12) Solicit and negotiate with available and qualified LMWBEs for specific subcontracting opportunities. (13) Assign substantive work to LMWBEs or LMWBE teaming partners. See 2 C.F.R. 200.321; Board Policy FG. For the purposes of this policy, a local business enterprise is defined as (1) having established a regular, physical place of business other than a job site office with at least one employee within the geographical boundaries of the Savannah, Georgia Metropolitan Statistical Area (MSA) prior to the closing date on the solicitation (a post office box address will not satisfy this requirement); (2) having a current Business Tax Certificate and other licenses, certificates, or permits required by law to operate a business in that location; and (3) performing a commercially useful function within the local office. For the purposes of this policy, a Minority Business Enterprise is an independent, continuing venture that is at least 51% owned by a minority person or persons that meets the criteria for a Disadvantaged Business. A Disadvantaged Business is a small business which is owned, controlled and managed on a daily basis by a majority or persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantage. This includes, but is not limited to, persons who have experience social disadvantage because of their membership in the following groups: 1. African American: A person with origins in any of the Black racial groups of Africa; 2. Hispanic American: A person with origins from Mexico, South America, Central America or the Caribbean Basin, regardless of race; and 3. Asian American: A person with origins from the Indian subcontinent, countries of the Asian Pacific region, and surrounding countries; and 4. American Indian: A person with origins from the indigenous people of North America. For the purposes of this policy, a Women Business Enterprise is an independent, continuing venture that is at least 51% owned by one or more women. To qualify as an LMWBE, the owner must be a citizen or lawful permanent resident of the United States, be involved in daily business operations, and provide a commercially useful function. The ownership interest must be real and continuous and not created solely to meet the local/minority/women business or local/minority/women contractor good faith efforts. The District shall, through their program management and construction management providers, engage in efforts to communicate opportunities afforded by the Districts facilities construction, maintenance and repair programs to LMWBEs, including but not limited to: Communicate opportunities associated with District facilities construction, maintenance and repair programs to the citizens of Chatham County. Work with other local governments and relevant community organizations to provide technical assistance and guidance to LMWBEs; Develop strategies to assist prime contractors in maximizing their utilization of LMWBEs; Develop and provide informational sessions to educate LMWBEs in the requirements of the Districts procurement process; Provide notices as outlined above and maintain a list of vendors who have provided or are interested in providing services to the District, as outlined above. The District may, from time to time, audit vendor contracts with and payments to LWMBE contractors and subcontractors and may require that proof of such contracts and payments be provided to the District. All Offerors must read, complete and return all of the LMWBE forms attached to this RFP. RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) P a g e 8 | 50 Q. The Districts Reservation of Rights to Cancel this RFP, to Amend the RFP Process, to Disqualify Offerors, and to Waive Irregularities and Technicalities. The District, in the discretion of the Purchasing Director, the Chief Financial Officer, the Superintendent, or the Districts governing body, the elected School Board, may cancel this RFP at any time before the District awards a contract to any Offeror(s). The District may decline to purchase the goods and/or services solicited in this RFP at all, or it may decide to purchase some or all of the same goods and/or services through a similar or different procurement process. The District, in the discretion of the Purchasing Director, the Chief Financial Officer, the Superintendent, or the Districts governing body, the elected School Board, reserves the right to amend this RFP and all attachments in any way and at any time (without cancelling it in its entirety) before the deadline for the submission of proposals. Any addenda amending this RFP will be made available to all Offerors on the Districts website. As stated above, the submission deadline will be extended at least seventy-two (72) hours if any addenda are issued less than seventy-two (72) hours before the submission deadline. The District further reserves the right to amend this RFP in any way after the deadline for the submission of proposals (without cancelling the RFP in its entirety), except the District will not amend the original proposal formatting or submission requirements or the criteria for determining whether the Offeror is a responsive or responsible Offeror. Non-exclusive example of such an amendment to this RFP may be the addition of an inadvertent omission from the project specifications. The District further reserves the right to redo any stage of this RFP (without cancelling it in its entirety) if the District, in the discretion of the Purchasing Director, the Chief Financial Officer, the Superintendent, or the Districts governing body, the elected School Board, has concerns that a stage of the RFP should be redone to eliminate any question of whether it was conducted properly. The District reserves the right to reject any and all proposals submitted in response to this RFP, and to waive any irregularities or technicalities in proposals received whenever such rejection or waiver is in the best interest of the District. The District has the right to disqualify a proposal of any Offeror on the basis that the proposal is nonresponsive or the Offeror is not responsible. A proposal shall be deemed nonresponsive if it fails to include all of the information or documents required by this RFP. Accordingly, Offerors should carefully review this solicitation to determine all of the forms and additional documentation, such as business licenses and insurance certificates, that will be required for submission. A checklist of forms and additional documentation to be submitted with this proposal is attached as Solicitation Form 1. Not only should the checklist form be completed, but items checked should also actually be provided. Forms with signature blocks should signed, and forms with notary blocks should be signed in the presence of a notary and notarized. An Offeror shall be deemed not responsible if the District determines that the Offeror fails to meet the minimal requirements to be eligible for consideration, including but not limited to, a lack of capacity to do the work or provide the services requested, a lack of proper insurance, the lack of a valid business license, failure to satisfy e-Verify requirements, negative past performance ratings on District projects, being disqualified from working for the District because of poor performance on a prior project, a litigation history unsatisfactory to the District, or some other reason that gives the District reason to question the responsibility or reliability of the Offeror. The District will also evaluate whether the Offerors workload will allow the offeror to complete this project within the established time, quality, or cost, or to comply with the offerors contract obligations. In evaluating the offerors workload, the District may consider whether the offeror has submitted proposals on other District projects and whether the award of multiple projects to the offeror may impair the offerors ability to complete this project within the established time, quality, or cost, or to comply with the offerors contract obligations or otherwise pose a risk to the District. The District reserves the right to request an Offeror to provide additional information in response to any concern that an Offeror may not be a responsible Offeror. Failure to provide the requested additional information, in itself, will be sufficient grounds for the District to declare the Offeror to be not responsible for the purposes of this RFP. RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) P a g e 9 | 50 Offerors represent that, to the best of their knowledge, all information that they submit to the District in response to this RFP, whether through a proposal or otherwise, is true and correct. If the District determines that information submitted by the Offeror is incorrect, the District may disqualify a proposal as non-responsive. If the District determines that an Offeror intentionally misrepresented information submitted in response to the RFP, the District may disqualify the Offeror on the basis that it is not responsible for this solicitation and in future solicitations. R. Evaluation and Award of Contract. A contract with the District, if one is awarded at all, for the goods and/or services requested in this RFP will be awarded by means of the award process described in in Attachment A - Goods and/or Services Requested, Format of Proposals, Evaluation Criteria for Award, and Contract Requirements. Depending on the nature of the goods and/or services the District may provide a sample of the contract it is willing to execute with a successful Offeror. If such a sample contract is attached, then the Offeror is deemed to have agreed that all of the terms contained therein will be acceptable by submitting a proposal. If the Offeror wants to propose materially different terms, then the Offeror should file a request for Material Substitution using the procedure outlined above before submitting its proposal. For other goods and/or services, the District may ask Offerors to provide a proposed contract. The terms of that proposed contract will be evaluated as part of the selection process to determine whether the Offeror is responsive and responsible. The specifications for the goods and/or services requested by this RFP may also include specific contract terms outlined in Attachment A - Goods and/or Services Requested, Format of Proposals, Evaluation Criteria for Award, and Contract Requirements that should be included in any contract proposed by an Offeror. By way of a non-exclusive example, the specifications may provide that the District will not agree to any contract provision requiring the District to indemnify any Offeror as such provisions are prohibited by District policy and state law. Conversely, there may be times when the District requires an Offeror to maintain certain levels of insurance, to honor certain warranties, or to provide indemnities to the District. S. Consideration of Offeror Past Performance. Successful Offerors should be advised that they will be evaluated by the District over the duration of the contract period. Performance will be documented. Poor performance may result in the Offeror being disqualified on future RFPs or may result in the deduction of points from the Offeror on future District solicitations, whether they are other invitations to bid or requests for qualifications and requests for proposals. Good performance may result in the Offeror receiving additional points on future solicitations. T. Public Information. It is the policy of the District that at the conclusion of the selection process, the contents of all proposals will be placed in the public domain and be open to inspection by interested parties. Trade secrets or proprietary information that are recognized as such and are protected by law may be withheld, if clearly identified as such in the proposal. Failure to list all proprietary sections of the submitted proposal shall relieve the District from any responsibility should such information be viewed by the public, a competitor, or be in any way accidentally released. If this RFP is cancelled before an award is made and in order to prevent Offerors from having an unfair advantage in future solicitations for the same goods or services, proposals will not be made available for public inspection until the District completes the purchase of the goods and/or services requested in this solicitation or decides not purchase them at all in the near future. RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) P a g e 10 | 50 U. Offeror Questions, Requests for Interpretations, Requests for Material Substitution of Products, Services or Contract Terms, and Issuance of Addenda. If an Offeror should have any questions relating to an RFP, including but not limited to the interpretation of RFP language, the specifications for the goods and/or services requested and/or requests for the substitution of different materials, products, or services, the terms of sample contract provisions attached to this solicitation and/or requests to propose different contract, the preparation or submission of Proposals, or the evaluation and contract award process outlined in this RFP, the Offeror may deliver written requests for interpretation or requests for the substitution of products, services, or contract terms by email to the Purchasing Departments designated email purchasing@sccpss.com. Email must contain the PROPOSAL NUMBER, Proposal NAME, AND QUESTION SUBMITTAL clearly marked in UPPER CASE in the subject line of the submitting email. Emails without the Proposal Number, Name and Questions Submittal clearly identified in the subject line of the email may not be considered. When reference is made in the specifications as to a particular manufacturer, type of process, brand name, or model number, such references are usually, but not always, made to designate minimum acceptable levels of quality and do not indicate a preference. In some instances, a particular manufacturer, type of process, or brand name is required. In the event an Offeror would like to propose another manufacturer, process, brand name, model number, etc. other than those stated in the specifications for this RFP, the Offeror must provide complete technical information, specifications, manufacturer's name, model number and a complete list of deviations from stated specifications. The burden of proof for documenting that the proposed substitute is equal to the goods or services identified in the specifications rests with the Offeror. All determinations of the acceptability of the proposed substitute goods or services shall rest with the District staff and their decision shall be final. Proposals on equipment must be on standard, new equipment of the latest model and in current production, unless otherwise specified. Used, reconditioned, or refurbished equipment is not acceptable unless otherwise specified. All regularly manufactured stock electrical items must bear the label of the Underwriters Laboratories, Inc. Any obvious error or omission in specifications shall not inure to the benefit of the Offeror but shall put the Offeror on notice to inquire of or identify the same from the District. If the Offeror wishes to propose materially different terms than those requested by the District in Attachment A or in any Sample Contract, then Offeror should request to propose different Contract terms by identifying the provisions it wishes to change or wishes to add. All answers to questions for interpretation, requests for material substitution and requests for changes of contract terms shall be made by addenda to the RFP and shall be made available to all Offerors on the Districts website. While the District will also make a good faith effort to email or fax any addenda to all Offerors who attended pre-proposal conferences, submitted requests for interpretations to the District, or otherwise communicated an interest to receive notice of addenda, the Districts failure to provide an Offeror with individualized notice of an addenda will not provide an Offeror with grounds to protest the implementation of this RFP. Offerors are ultimately responsible themselves for keeping track of addenda issued by the District before the deadline for submitting proposals in response to this RFP. All requests for interpretation, substitution, or changes to contract terms, must be submitted to the Purchasing Department before 5:00:00 p.m. (ET) on Tuesday, May 7, 2024. The District shall not be required to answer any questions about this RFP submitted after 4:59:59:99 p.m. (ET) on this date. The Purchasing Department will extend the deadline for submitting proposals for all Offerors by at least seventy-two (72) hours if it issues any addenda within seventy-two (72) hours before the scheduled proposal submission deadline. The Purchasing Director, or her designee, in her discretion, may extend the deadline for submitting requests for interpretation for all Offerors if the deadline for submitting proposals is also extended. mailto:purchasing@sccpss.com RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) P a g e 11 | 50 V. Protests. Any actual Offeror or bona fide prospective Offeror who is aggrieved in connection with this RFP may protest to the Purchasing Director by email to purchasing@sccpss.com. Please include PROTEST- [OFFEROR NAME] PROPOSAL NUMBER, PROPOSAL NAME, clearly marked in UPPER CASE in the subject line of the email. It is incumbent upon the Offeror to receive confirmation from the Purchasing Department that its protest has been received. Offerors who do not receive confirmation of the protest by email during normal business hours of 9:00:00 a.m. to 5:00:00 p.m. on the day the protest is sent should call the Purchasing Department to confirm receipt of the protest at (912) 395-5572. By submitting a Proposal in response to this RFP without filing a protest observing the deadlines set forth below, the Offeror waives any objection to the content of this RFP (including any attachment or addenda) issued prior to as well as any objection to any procedure outlined therein. Protests filed after the deadline for submissions shall only concern the implementation of the RFP as applied to the Offeror or addenda issued after the submission date. Any protest to the content of this RFP (including any attachment or addenda) as well as any objection to any procedure or evaluation criteria outlined therein shall be filed no later than five (5) business days prior to the deadline for submissions of proposals, unless the objection concerns an addendum issued fewer than five (5) business days prior to the deadline for submissions of proposals, in which case, an objection may be filed to that addenda only at any time before the submission deadline. Any protest filed after the submission deadline shall be submitted within five business (5) days after the action by the District on which the grievance is based, but in no case later than five business (5) days after the date of the Districts notice of intent to award a contract for the provision of goods and/or services requested in his RFP, which will be transmitted by email to all Offerors. The District shall not intentionally withhold information that is stated in this RFP to be forthcoming at certain intervals, but failure of the District to notify an Offeror who might be aggrieved by the content of such notification shall not give rise to any claim or rights resulting from said failure. Only formal protests will be considered, and in order for a protest to be considered as formal, it must be presented in written form, and must contain a minimum of the following: A specific identification of the statutory or regulatory provision(s) that the Districts purchasing staff member or department is alleged to have violated, A specific description of each act alleged to have violated the statutory or regulatory provision(s) identified above, A precise statement of the relevant facts that include timelines and all involved parties, and An identification of the issue(s) that needs to be resolved that support the protest. The letter of protest shall be taken under consideration by the Chief Financial Officer and/or the Superintendent, who shall respond to the protesting Offeror within ten (10) business days of receipt of the letter of protest. The initial written response may explain that the Chief Financial Officer and/or the Superintendent need additional time to review the Protest. In any event, a final decision will be issued on the Protest by the Chief Financial Officer and/or the Superintendent before the execution of a final contract with the successful Offeror. This written decision shall be final and conclusive. W. Offerors Not Entitled to Reimbursement for their Costs Associated with Submitting Proposals. The District recognizes that participating in this RFP process, or any government procurement process, can be time consuming and expensive for Offerors. In participating in part of this process, Offerors acknowledge that their costs in participating in this process are the costs of attempting to do business with the District. All Offerors or potential Offerors, including unsuccessful Offerors or Offerors or potential Offerors who file protests, agree that the District shall not be responsible for reimbursing the Offeror for any costs they may incur in connection with this RFP, including staff time, printing costs, attorneys fees, or expenses of litigation. RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) P a g e 12 | 50 X. Gratuity Prohibition. No Offeror shall offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the District for the purpose of influencing consideration of this solicitation. Y. Certification of Independent Submission of Proposals. By submitting a proposal in response to this RFP, the Offeror must certify that: 1. The information in this proposal has been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition with any other Offeror or with any competitor; 2. The information in this proposal has not been knowingly disclosed by the Offeror and will not knowingly be disclosed by the Offeror prior to the Districts final determination regarding this RFP, directly or indirectly to any other Offeror or to any competitor; 3. No attempt has been made or will be made by the Offeror to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition; and, 4. In the event the Offeror is a partnership or joint venture, each party thereto certifies the above. Z. Federal Requirements The District receives a number of federal grants. Some of the Districts purchases may be made with federal grant dollars, which may impose additional requirements than state law. The District strives to have a procurement process that complies with Federal regulations and standards for acquisition of property or services required under a Federal award or subaward pursuant to 2 C.F.R. 200.318 et. seq. Depending on the amount of a bid, offer, or resulting contract, additional federal grant requirements may apply, including, but not limited to, the additional requirements listed below. To the extent it is determined that a specific purchasing project must comply with additional federal requirements, Offerors and successful Offerors agree that they will comply with any such federal requirements. 1. DEBARMENT AND SUSPENSION VERIFICATION (required by the District for all proposals) The District shall solicit offers from, award contracts to, and consent to subcontracts with responsible vendors and/or principals only. The serious nature of debarment and suspension of a potential offeror under federal purchasing rules raises substantial questions about whether a vendor is sufficiently responsible to be awarded a contract by the District. Moreover, Federal regulations limit the Districts ability to enter contracts with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participation in Federal assistance programs or activities for projects involving federal funds. See 2 CFR 200.214. Accordingly, the District will consider whether offerors have been suspended or debarred by a federal entity in making awards under this RFP. The Vendor certifies that the Vendor and/or any of its sub vendors or principals have not been debarred, suspended, or declared ineligible by any agency of the State of Georgia or any agency of the Federal government or as defined in the 2 CFR 200.213 which states Non-federal entities are subject to the non- procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180. The Vendor will immediately notify the District if Vendor is debarred or placed on the Consolidated List of Debarred, Suspended, and Ineligible Vendors by a federal entity. See Solicitation Form 8. RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) P a g e 13 | 50 By signing this agreement, the Vendor is testifying that they are not debarred, suspended, or has any ineligible or voluntary exclusions with the U.S. Department of Agriculture or any other Federal or State Agency. All responses will be verified. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), Debarment and Suspension. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 2. LOBBYING DISCLOSURE CERTIFICATE (Required by the District for all proposals) Per 2 CFR 200 Appendix II Section I - A Lobbying Certification and Disclosure must be completed for all proposals $100,000 and over. For consistency among solicitations, the District requires all Offerors to please complete Solicitation Form 9. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 3. CONTRACT WORK HOURS/SAFETY STANDARDS ACT (for proposals over $100,000) All contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each vendor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles. 4. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (Applicable only to funding agreements under 37 CFR 401.2 (a)) If the contract resulting from this solicitation meets the definition of funding agreement under 37 CFR 401.2 (a) and the District or a subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that funding agreement, the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, and any implementing regulations issued by the awarding agency. 5. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.323) (proposals over $10,000) The District and its Contractors shall seek to comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. https://www.law.cornell.edu/uscode/text/31/1352 https://www.law.cornell.edu/uscode/text/31/1352 RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) P a g e 14 | 50 6. CLEAN AIR/ CLEAN WATER STATEMENT (for proposals over $150,000) The District expects its Contractors for proposals over $150,000 to comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)) Clean Air and Water Certification. Vendor certifies that none of the facilities it uses to produce goods provided under the Contract are on the environmental Protection Authority (EPA) List of Violating Facilities. Vendor will immediately notify the District of any communication indicating that any of Vendors facilities are under consideration to be listed on the EPA List of Violating Facilities. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment (200 C.F.R. 216) (all proposals concerning such equipment) Offerors shall not: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 8. Domestic Preference for Procurement (2 C.F.R 200.322) (all proposals) As appropriate and to the extent consistent with law, the Contractor and any subcontractors, to the greatest extent practicable, shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). For purposes of this section: (1) Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) Manufactured products means items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2 C.F.R. 200.322 https://1.next.westlaw.com/Link/Document/FullText?findType=l&pubNum=1077005&cite=UUID(I8268A4F099-B011E8B2A4A-B44E977C29C)&originatingDoc=N455EC040DD6E11EAA43FA59EB630F6E1&refType=SL&originationContext=document&transitionType=DocumentItem&ppcid=85b1d7848fba479d80cbbff199b325a3&contextData=(sc.DocLink) RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) P a g e 15 | 50 III. RFP ATTACHMENTS, SPECIFICATIONS, SAMPLE CONTRACTS, AND FORMS The following attachments, specifications, sample contracts and forms are part of this RFP and are herein incorporated by this reference. Failure to return a required form may result in the Offerors proposal being rejected as non-responsive. A. Attachment A: Goods and/or Services Requested, Format of Proposals, Evaluation Criteria for Award, and Contract Requirements. B. Attachment B: Forms to be submitted with this RFP. 1. Solicitation Form 1: Proposal Submission Checklist (Required for all proposals. Please include on the front of any technical proposal) 2. Solicitation Form 2: Proposal Certification Form (Required for all proposals) 3. Solicitation Form 3: Offerors References (Required for all proposals) 4. Solicitation Form 4: Contractor Affidavit Under O.C.G.A. 13-10-91 (Required for all proposals) 5. Solicitation Form 5: Subcontractor Affidavit Under O.C.G.A. 13-10-91 (Only needed if subcontractors will be used) 6. Solicitation Form 6: Sub-Subcontractor Affidavit Under O.C.G.A. 13-10-91 (Only needed if sub-subcontractors will be used) 7. Solicitation Form 7: Disclosure of Responsibility Statement (Required for all proposals) 8. Solicitation Form 8: Debarment and Suspension Verification Form (Required for all proposals) 9. Solicitation Form 9: Disclosure of Lobbing Activities Form (Required for all proposals) 10. Solicitation Form 10: Documentation of Good Faith Efforts to Involve LMWBE (Required for all proposals) 11. Solicitation Form 11: Joint-Venture Disclosure Statement (Only need if a joint venture used) 12. Solicitation Form 12: Sealed Fee Proposal Form (Required for all proposals) 13. Solicitation Form 13: No Proposal Statement Form (Only submitted if vendor does not want to participate in this solicitation but wishes to receive notice of other District solicitations) C. Attachment C: Sample Contract RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) Page 16 | 50 REQUEST FOR PROPOSALS (RFP): 24-57 Swimming Pool Maintenance Services (Annual Contract) Attachment A Goods and/or Services Requested, Format of Proposals, Evaluation Criteria for Award, and Contract Requirements. The project specifications listed in this section supersede any contradictory references made in the General Terms and Conditions section of this RFP. 1.0 GENERAL INTENT/BACKGROUND. The District desires to engage Swimming Pool Maintenance Contractors for the continuous maintenance of swimming pool(s) within the Districts oversight. Any deviations from these specifications must be clearly noted by the Offeror. Adequate information to allow the Board to evaluate those exceptions must be submitted with the proposal. If submitting a proposal on other than specified, the proposal must clearly identify those exceptions on the proposal submittal form. 2.0 GENERAL DESCRIPTION OF GOODS OR SERVICES REQUESTED The District desires to engage Swimming Pool Maintenance Contractors for the continuous maintenance of swimming pool(s) within the Districts oversight. The successful Offeror will be required to provide the products and/or services requested herein. This procurement will result in an annual contract, substantially similar to the attached Sample Contract. Any deviations from the specifications must be clearly noted by the Offeror. Adequate information to allow the District to evaluate all exceptions must be noted in the proposal response. In the event that an Offeror is offering another manufacturer and/or model number other than stated in the specifications, the Offeror must provide complete technical information, specifications, manufacturers name, model number and a complete list of deviations to the District for approval. The burden of proof for documenting equivalency rests with the Offeror. All determinations for acceptability of equal or alternate materials shall rest with District staff and their decision is considered final. Payment will not be released to the Offeror to all equipment, services, supplies has been delivered to, accepted by, and to the satisfaction of the District. 3.0 SPECIFICATIONS. PREVENTATIVE MAINTENANCE Under the direction of the SCCPSS Maintenance Department, the contractor will clean, maintain, and perform preventive maintenance on all swimming pools and support equipment to assure safe and sanitary conditions at the Following Sites. Jenkins High School 1800 E Derenne Ave Savannah, GA 31406 Haven Elementary School 5111 Dillon Ave Savannah, GA 31405 Otis Brock Elementary School 1804 Stratford St Savannah, GA 31415 RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) Page 17 | 50 Shuman Elementary School 415 Goble Ave Savannah, GA 31404 DUTIES TO INCLUDE: Clean and maintain swimming pool in a safe and sanitary condition; brush and vacuum swimming pool according to established procedures; scrub pool tiles. Check and perform preventive maintenance on pumps, chlorinators, heating, and filtration equipment to maintain operative condition. Clean and disinfect pool deck area. Conduct chemical tests of water; apply chemicals as appropriate; order chemicals and supplies as needed. Drain and acid wash pool. Maintain filters, back wash, and pumps according to established procedures. Operate a variety of machines and equipment including pumps, hoses, and brushes. Prepare and maintain records regarding chlorine and PH levels, time sheets, supplies and County Health Department records. The Contractor shall: 1. Provide all pool chemicals, tools, materials, equipment, and labor necessary to maintain and clean all swimming pools. 2. Ensure that personnel who maintain pools are properly trained in the safe handling, use, and storage of all swimming pool chemicals according to the manufacturer's instructions and that the appropriate personal safety equipment is used when handling these chemicals and follow the chemical label directions. 3. Provide all Chemical test kit, all chemical treatment materials, and all chemicals. 4. Contractor is to use Super-Chlorine powder and Flovil tablets as chemicals for cleaning the swimming pool. Any substitute of chemicals will be approved by the SCCPSS Maintenance Department. 5. Contractor will provide a maintenance schedule and checklist for all maintenance activities. REQUIRED MAINTENANCE: Daily maintenance: 1. Removing any materials causing rusty spots on the floor or damaging backwash filters. 2. Cleaning the skimmers daily and replace filters when needed. 3. Keeping the water at the highest level of cleanliness. 4. Cleaning the pump room, maintain pumps and filters. 5. Cleaning and wash border and the walkways of the pool and report to the SCCPSS Maintenance Department if the pool requires any repair. 6. Maintaining all timers of the pumps and report deficiencies to the SCCPSS Maintenance Department. 7. Thoroughly cleaning the pool and fountain by removing foreign objects, insects, and other debris. 8. Checking and maintaining water level to the desired height. 9. Checking and maintaining PH, Chlorine, levels of pools as mentioned below; a. PH 7.2-8 ppm b. Chlorine 1.5- 3 ppm 10. Inspecting electrical service, filters, skimmers, drains, ladders, plugs, gauges, and other important components of the system and replace if needed. 11. Inspecting tile and grout installations, and clean tiles and skimmer with cleanser. 12. Emptying skimmer and pump basket as needed 13. Checking all handrails, steps, and other safety equipment to be sure that they are is in proper working conditions. 14. Checking pumps piping, filters, guardrails, associated surfaces, and report deficiencies to SCCPSS Maintenance Department immediately. 16. Checking water clarity Daily. 17. Cleaning air filter, skimmer baskets and overflow. 18. Removing floating debris 9. The water must settle for at least two hours before vacuuming, RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) Page 18 | 50 19.. Removing standing water around the pool deck. 20. Testing chlorine and PH daily. Contractor will provide a daily report on the following: Date Time Daily Chlorine test Daily pH test Quantity of Super chlorine added in Kg. Quantity of Flovil added in tablets: The contractor will email each inspection sheet to the following email addresses: randy.west@sccpss.com and james.may2@sccpss.com All repair work quotes will be sent by email to the following email addresses: randy.west@sccpss.com and amy.egan@sccpss.com. Water Quality Check List: Water Quality Reading GREEN - 7.2 - 8.0 1.5 - 3 ppm PH - Chemicals: Super chlorine, flovil RED - Less than 7.2 OR More than 8.0 Less than 1.5 ppm OR Greater than 10.0ppm SECURITY REQUIREMENTS 1. All workers are subject to a security background check and must be approved/cleared by the SCCPSS Campus Police Department prior to entering any SCCPSS property. 2. Contract workers must follow standard security procedures already in place for access. 3. All security requirements mentioned above are subject to approval and/or modification by the SCCPSS Campus Police Department. 4. The Contractor shall not enter any buildings without authorization from the SCCPSS Maintenance Department. 5. Personnel security: 6. Ten days after contract award, the Contractor shall provide the following list of data on each employee who will be working under the contract. 7. The Contractor shall include a list of workers and supervisors assigned to this project, including planned back- up personnel. 8. The SCCPSS Campus Police Department will run background checks on these individuals. For each individual the list shall include: - Full Name - Place and Date of Birth - Current Address - Identity number SAFETY REQUIREMENTS 1. Contractor shall chlorinate the pool with the following chemicals (super chlorine and Flovil) as per written instruction. 2. Contractor shall put and remove the warning sign when the pool is chlorinated as per COR written schedule. 3. Contractor personnel shall wear appropriate personal protective equipment for the task being performed. OPERATING HOURS To be determined by the SCCPSS. mailto:randy.west@sccpss.com mailto:james.may2@sccpss.com mailto:randy.west@sccpss.com mailto:amy.egan@sccpss.com RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) Page 19 | 50 ACCESS AND UTILITIES. 1. The SCCPSS Maintenance Department will provide three (2) sets of gate lock keys to Contractor to open any and all locks required to operate the pool. 2. Company shall keep and safeguard keys and release keys only to authorized personnel. 3. Keys shall be returned to Customer in the event of termination of this Agreement. Contractor will provide the following. 1. Cleaning up after vandalism, parties, storms, etc. 2. Cleaning pool furniture during season. 3. Cleaning outside of fenced-in area of pool deck and pressure washing concrete. 4. Cleaning up any yard waste due to mowing and blowing debris into pool area. OFF-SEASON SERVICE Company will provide winter service and complete the following services for Customers pool, where applicable. Uncovered Off-Season Service with Filter System Running One visit per week Check chemicals and adjust as needed. Vacuum as needed. Clean skimmer baskets. Clean tile 1 time per month. Blow decks as needed. Backwash filters & cleans strainer pots as needed. Report any off-season vandalism to SCCPSS Maintenance Department. Pool will be kept reasonably clean, and up to Summer Season standards. SCCPSS Responsibilities Are: Any replacement of pumps, parts, pool equipment, and ladders will be handled by the SCCPSS Maintenance Department. All electrical connections and electrical issues will be handled by the SCCPSS Maintenance Department. Any water flow issue will be handled by the SCCPSS Maintenance Department. 5.0 COMPLIANCE WITH ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS. The successful Offeror shall comply with all local, state, and federal laws, regulations, and policies that apply to the provision of any goods or services in response to this solicitation, regardless of whether those local, state, or federal laws are expressly identified in this solicitation or in any resulting contract with the District. 6.0 QUANTITIES. The estimated quantities requested in this solicitation are intended as a guide for the offeror. The District does not obligate itself to purchase the full estimated quantities indicated. The entire amount of any discount offered by the Offeror must be allowed whether or not the District purchases the full quantities requested in this solicitation. The Districts requirements may exceed the estimated quantities shown and the successful offeror shall be obligated to fulfil all requirements as shown on the purchase orders, whose mailing dates fall within the performance period of the resulting contract. 7.0 SCHEDULING. All time and material work must be completed according to a schedule that meets the needs of the District. Any supplier that cannot meet the Districts scheduled requirements will be relieved of responsibility of that particular project. The District has the option to use another supplier at its sole discretion, based on the service needs for any given day. The Districts representative who oversees the assigned project will be the person in charge of the work for the District and must approve by signature all hours worked, special equipment, vehicles and any other items to be invoiced. Start time, break time, and end time must be coordinated through the SCCPSS representative overseeing the project. RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) Page 20 | 50 8.0 TRANSITION PERIOD. Due to the nature of the Districts competitive purchasing processes, a transition period may be needed from the successful offeror from one solicitation to the successful offeror on a future solicitation. The successful offeror of this solicitation shall agree to maintain the same terms and conditions as the original contract/agreement for a period not to exceed ninety (90) days, if necessary, as a transition period after the termination of any contract resulting from this solicitation. In addition, if the current provider is not the successful offeror, he or she shall agree to provide the same level of services for a period not to exceed ninety (90) days, allowing for an orderly transition. 9.0 PRICING AND DELIVERY. Offerors shall submit pricing based upon the specifications detailed herein and in the format requested on the Sealed Fee Proposal Form (Solicitation Form 12). All pricing shall include inside delivery to each school site. The pricing submitted in Offerors proposal shall remain firm and open for acceptance by the District for ninety (90) days after the District receives the Offerors proposal. If the District accepts the Offerors proposal, the Offeror will honor that pricing for the initial term of the contract, which shall not exceed one year after execution of the contract by the District. The District will not accept any price increases, fuel surcharges, or add-on costs during the original term of any contract resulting from this solicitation. The District and the Offeror may agree to renew the contract by mutual agreement for an additional term (the first renewal term), not to exceed one year from the date upon which the contract resulting from this solicitation terminates. The Offeror agrees that the pricing for the first renewal term will not increase more than 5% from the pricing offered in response to this solicitation. Other than this 5% price increase, the District will not accept any price increases, fuel surcharges, or add-on costs during the first renewal term of any contract resulting from this solicitation. The District and the Offeror may agree to renew the contract by mutual agreement for an additional term (the second renewal term), not to exceed one year from the date upon which the first renewal expires. The Offeror agrees to that the pricing for the second renewal term will not increase more than 5% from the pricing offered during the first renewal contract. Other than this 5% price increase, the District will not accept any price increases, fuel surcharges, or add-on costs during the first renewal term of any contract resulting from this solicitation. 10.0 BASIS OF CONTRACT AWARD. Through this solicitation process, the District seeks to award a contract for the goods and/or services requested to one or more Offerors. The District has discretion to determine whether it wants to award a contract to a single Offeror or multiple Offerors. If the District decides to award this contract to multiple Offerors, the District reserves the right to designate one Offeror as a primary vendor, another Offeror a secondary vendor, and other Offerors of additional backup Offerors. In which case, the Offeror determined to have made the most advantageous proposal, as determined by the District through this solicitation process, shall be designated the primary vendor. The Offeror with the next most advantageous proposal, as determined by the District through this solicitation process, shall be designated the secondary vendor, and the Offeror with the third most advantageous proposal, as determined by the District through this solicitation process, shall be designated the next backup vendor and so on for as many awards the District decides to make. The District will use the primary vendor, unless the primary vendor cannot fulfill the goods and/or services required by the District in the amount or in the time required, in which case the District may use the secondary vendor or other backup vendors in its discretion. By the proposal submission deadline, Offerors will submit their proposals in response to this RFP. Proposals shall be formatted as described in Section 11.0, Manner of Preparation, Order of Required Forms and Documents, and Organization of Proposals, and Submission of Fee Proposals, and should be submitted with all of the forms and documents requested. Proposals will initially be reviewed by the Purchasing Department to determine whether the Proposals are responsive and the Offerors are responsible as described in the General Terms and Conditions of this RFP in light of the goods and/or services requested in this RFP as described more fully in this attachment A. If any proposal is determined not to be responsive, the Purchasing Department will inform the Offeror in writing that its proposal will not be considered on the basis that it is not responsive. If any Offeror is determined by the Purchasing Department to not be responsible, the Purchasing Department will inform the Offeror in writing that its proposal will not be considered on the grounds that the Offeror is not a responsible Offeror. In evaluating whether an Offerors proposal is responsive and the Offeror is responsible the Districts review shall not be limited to the evaluation criteria set forth below, as it may RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) Page 21 | 50 also consider all of forms and other documents submitted by the Offeror (or the Offerors failure to provide required information or documents). For example, if the District determines that an Offeror has an unsatisfactory litigation history, in its sole discretion, based on the Offerors answer to the Disclosure of Responsibility Statement (Solicitation Form 7), then the Offeror may be disqualified as not responsible. Similarly, if an Offeror fails to provide requested insurance forms, the Offeror may be disqualified as non-responsive. After the Purchasing Department determines whether the proposals are responsive and the Offerors are responsible, an Evaluation Committee will evaluate all of the responsive proposals from all of the responsible Offerors using the evaluation criteria set forth below and score the proposals. The Evaluation Committee may determine that all proposals are good enough to be reasonably susceptible for award or it may determine that only a certain number of Offerors are reasonably susceptible of being selected for award and create a short list of those Offerors that the SCCPSS is most interested in contracting with. After the Evaluation Committee has completed its final ranking of short-listed Offerors determined to be reasonably susceptible for award, the Superintendent or her designees may, but are not required to, allow discussions, negotiations, and revision of proposals for the purposes of obtaining best and final offers. All Offerors determined to be reasonably susceptible for award shall be given an opportunity to participate in such discussions, negotiations, and revisions, if the Superintendent or her designees seek discussions, negotiations, and revisions of proposals. Such discussions, negotiations, and revisions, if any occur, shall be conducted in such a way so as not to disclose the contents of competing Offerors. After best and final offers have been obtained from all Offerors reasonably susceptible for award, whether after the Evaluation Committee initial ranking or after further discussions, negotiations, and revisions as permitted by the Superintendent or her designees, then the Superintendent or her designee shall recommend for approval to the Districts governing body, the elected School Board, the proposal or proposals determined to be the most advantageous to the District, taking into consideration the evaluation factors set forth in the request for proposals and recommend an award of a contract to one or more Offerors. The elected School Board may vote to approve the recommendation(s) in whole or in part, reject the entire recommendation and request that the Superintendent or her designees continue negotiations with Offerors in an attempt to find more acceptable proposal(s), or reject the recommendation and cancel the solicitation in its entirety. If the solicitation is canceled, the District may seek to obtain the same goods and/or services through a similar or different competitive process. The Superintendent or her designees may make their own assessment of the evaluation factors set forth in this request for proposals and they are not bound by the evaluation of the Evaluation Committee. The Evaluation Committees scoring is meant to serve as a tool to assist the Superintendent, her designees, and the elected School Board, and to make an initial determination of whether an Offeror is reasonably susceptible for award and eligible for contract negotiations and should be short listed. Similarly, the elected School Board may make its own assessment of the evaluation factors set forth in this request for proposals, and it is not bound by the evaluation of the Evaluation Committee, the Superintendent, or her designees. 11.0 Manner of Preparation, Order of Required Forms and Documents, and Organization of Proposals, and Submission of Fee Proposals. 11.1 Manner of Preparation. All proposals shall be: Typewritten or legibly printed in ink and signed by an authorized representative either by hand or electronically by typing the signature using the following format: s/Representatives Name. All proposals shall be submitted in the PDF format. A paper copy may be scanned to PDF or an electronic copy may be save directly to PDF. The Sealed Fee Proposal shall be submitted in a separate PDF file entitled Fee Proposal. Please include with your proposal all documents requested by this solicitation, including, but not limited to, a copy of your firms current business license and certificate of insurance. RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) Page 22 | 50 If a required form has a signature block for a notary, please sign that form in the presence of a notary and have the form notarized. Failure to include all of the information and/or documents requested by this solicitation could result in the offerors proposal not being considered by the SCCPSS. Offerors are encouraged to review carefully all provisions and attachments of this document prior to submission. Each proposal constitutes an offer and may not be withdrawn except as provided herein. 11.2 Order of Required Forms and Documents. For this solicitation, the proposal, forms, and requested documentation should be submitted to the Purchasing Department in the following order to facilitate Purchasing Department review. The total absence of any of these forms or documents may result in the proposal being declared to be nonresponsive. 1. Solicitation Form 1: Proposal Submission Checklist (Required for all proposals. Please include on the front of any technical proposal) 2. Offerors Technical Proposal: A document generated by Offeror with a title page, a table of contents, and sections labeled to coincide with the evaluation criteria set forth below. 3. Solicitation Form 2: Proposal Certification Form (Required for all proposals) 4. Solicitation Form 3: Offerors References (Required for all proposals) 5. Solicitation Form 4: Contractor Affidavit Under O.C.G.A. 13-10-91(Required for all proposals) 6. Solicitation Form 5: Subcontractor Affidavit Under O.C.G.A. 13-10-91(Only needed if subcontractors will be used) 7. Solicitation Form 6: Sub-Subcontractor Affidavit Under O.C.G.A. 13-10-91 (Only needed if sub- subcontractors will be used) 8. Solicitation Form 7: Disclosure of Responsibility Statement (Required for all proposals) 9. Solicitation Form 8: Debarment and Suspension Verification Form (Required for all proposals) 10. Solicitation Form 9: Disclosure of Lobbing Activities Form (Required for all proposals) 11. Solicitation Form 10: Documentation of Good Faith Efforts to Involve LMWBE(Required for all proposals) 12. Solicitation Form 11: Joint-Venture Disclosure Statement (Only need if a joint venture used) 13. Solicitation Form 12: Sealed Fee Proposal Form- Please note Form12 is the Sealed Fee Proposal Form and it should be submitted as a separate PDF labeled: RFP 24-57 Fee Proposal. (Required for all proposals) 14. Certificate of Insurance: (Limits stated in Section on Insurance; Offeror will list the District as an additional named insured and certificate holder). 15. Documentation confirming that the District, its elected School Board members, officers, employees, attorneys, and other agents on behalf of the District, and their successors and assigns will be named as Additional named insureds on the Offerors insurance policies providing coverage for this contract. 16. Copy of Current Business License/Tax Certificate/or equivalent. 17. State of Georgia Business License (As Applicable) RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) Page 23 | 50 18. Documentation of Standard Manufacturers Warranty (if applicable) (minimum 1 year). 19. Documentation of Extended Warranty (As Applicable) 20. Completed W-9 Form 21. Any Professional Certification Forms (As Applicable) 11.3 Organization of Technical Proposals. Offerors typewritten or legibly printed technical proposals shall be organized with a title page, table of contents, and the following subsections which should include an introductory letter and address each evaluation criteria: NO FEES OR SERVICE COSTS SHALL BE IDENTIFIED OR DISCUSSED WITHIN THE TECHNICAL PROPOSAL DOCUMENT, OR DURING ANY FIRM INTERVIEWS, IF CONDUCTED. Title Page - Show the RFP subject, the name of the Offeror, Offerors address, telephone number, and the name and email address of the Offerors contact person for this RFP. Table of Contents Clearly identify the material by section and page number. SECTION A: Transmittal Letter 5 Points This letter will summarize in a brief and concise manner, the Offerors understanding of the scope of work and make a positive commitment to timely provide requested services. The letter must name all persons authorized to make representations for the offeror, including the titles, addresses, and telephone numbers of such persons. An authorized agent of the offeror must sign the Letter of Transmittal indicating the agents title or authority. The letter should not exceed two (2) pages in length. SECTION B: Company Experience and Qualifications 35 Points This section includes the mandatory criteria listed below: 1. Company headquarters location and a list of any local offices. Provide the number of years your firm has been in business providing the services as requested by the solicitation. 2. Adequate information to describe the scope and nature of the offerors previous experience in providing HVAC Repair, Replacement, Installation, and Preventative Maintenance Services. 3. List of Offerors employees who are expected to provide services if awarded a contract by the District and copies of their educational background and experience, with a focus on their qualifications for providing the goods and/or services requested by this solicitation. SECTION C: Functionality and Technical Approach 40 Points Based upon the Scope of Work/Services detailed in this Attachment A and those opportunities identified by the activities set forth hereon, provide details of your firms understanding of the services to be provided. Identify any additional resources required by the District for the plan. 1. Offeror shall provide a summary of your firms understanding of the project and relevant issues. 2. Offeror describe how it will be able to deliver all of the goods and/or services identified in the specifications set forth in section 3.0 above. RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) Page 24 | 50 SECTION D: References 10 Points The Offeror shall describe how it successfully provided similar goods and/or services to those requested by the District in this solicitation for at least three other clients, preferably other school districts or government agencies. Offerors shall also provide contact information for these references on Solicitation Form 3. 11.4 Evaluation of Sealed Fee Proposals Sealed Fee Proposal 10 Points All fee proposals will be written as outlined on the Sealed Fee Proposal Form (Solicitation Form 12), which shall be SUBMITTED AS ITS OWN PDF AND LABELED RFP 24-57 FEE PROPOSAL. Fee proposals that are not submitted on the form provided will be deemed as non-responsive. Fee will be all- inclusive and will include all labor, travel time, overtime, taxes, insurance, transportation costs, etc. Fee proposals will not be considered from any Offeror that is determined not to be responsible or after initial evaluation of technical proposals is not short-listed and considered reasonably susceptible for award. The firm offering the overall lowest cost to the District will receive the total amount of points for cost. The remaining firms will be awarded points for cost according to the following formula: (Total cost of lowest firm / Total cost of firm to be ranked) x 10 Points = Points Awarded 12.0 EVALUATION CRITERIA. For this solicitation, responsive proposals submitted by responsible Offerors who meet the minimum threshold requirements for this solicitation will be evaluated using the following Evaluation Matrix by an Evaluation Committee of District staff and/or outside consultants (unaffiliated with any Offeror) engaged by the SCCPSS for the purpose of evaluating proposals. For this solicitation, the following Evaluation Matrix will be used. The Evaluation Committees rankings are intended to determine short-listed offerors and to provide non-binding guidance for the Superintendent, her designees, and the Board. Neither the Superintendent, nor her designees, nor the elected School Board are bound by the Evaluation Committees scoring and may independently evaluate Offerors using this criteria. Evaluation Criteria Available Points Technical Proposal Section A: Transmittal Letter 5 Technical Proposal Section B: Company Experience & Qualifications 35 Technical Proposal Section C: Functionality and Technical Approach 40 Technical Proposal Section D: References 10 Sealed Fee Proposal: Solicitation Form 12 10 TOTAL POINTS 100 13.0 DISTRICT REPRESENTATIVE. The Board has selected Randy West, Director of Maintenance and Operations as contract representative. After award, supervision of the contract will be performed by the contract representative and/or his/her designee(s) or successor(s). The Offeror shall have a communication device that will allow the Districts representative and/or his designee to contact him directly in the event of an emergency. The Offeror is required to provide the Districts representative with all emergency telephone numbers, which will include an office phone number, email address, and a cellular telephone number (as applicable). It will be the Offerors responsibility to immediately notify the Districts representative of any changes in contact information. RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) Page 25 | 50 14.0 SILENCE OF SPECIFICATIONS. The apparent silence of these specifications and any supplemental specifications as to any detail or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and correct type, size and design are to be used. All interpretations of these specifications shall be made on the basis of this statement. 15.0 AMBIGUITY, CONFLICT, OR OTHER ERRORS IN RFP. If an Offeror discovers any ambiguity, conflict, discrepancy, omission or other error in this RFP, then it shall immediately notify the Purchasing Director of such error in writing and request modification or clarification of the RFP. Modifications shall be made by issuing an addendum and shall be given by written notice to all parties who have received this bid from the Savannah-Chatham Public School Systems Purchasing Department. The Offeror is responsible for clarifying any ambiguity, conflict, discrepancy, omission or other error in the RFP prior to submitting the bid or it shall be deemed waived. The Board of Education will not be responsible for any oral instructions. No questions shall be answered by telephone. All addenda shall be acknowledged by the offeror(s). 16.0 PERFORMANCE PERIOD. This proposal will establish an annual contract that will terminate at 11:59:59:99 (p.m.) (ET) on the night before the one- year anniversary of the effective date of the contract based upon the execution of the contract with a District representative acting with authority from the Districts governing body, the elected School Board, or its designee by Board policy. The SCCPSS will neither honor nor consider any price increases, fuel surcharges or add-on cost during the established performance period. 17.0. INSURANCE: The Contractor shall procure and maintain throughout the term of this Agreement the following insurance limits and coverage and shall, upon executing this Agreement, provide the District a certificate(s) of insurance evidencing the same, showing that the Board of Public Education for the City of Savannah and the County of Chatham, meaning the body corporate responsible for public education in Chatham County commonly known as the Savannah-Chatham County Public School System (SCCPSS), and all of its elected school board members, administrators, officers, employees, agents, attorneys, heirs, successors, and assigns, are listed as additional named insureds on all insurance policies except for Contractors workers compensation and professional liability policies: The policies of insurance shall be primary and written on forms acceptable to the Board and placed with insurance carriers approved and licensed by the Insurance Department in the State of Georgia and meet minimum financial A.M. Best & Company rating of no less than A:8. Further the contractor will provide copies of all insurance policies required thereunder. No changes are to be made to these specifications without prior written specific approval by the Board. A. Commercial General Liability Insurance, including Bodily Injury, Property Damage, Personal Injury, Blanket Contractual and Broad Form Property Damage Coverage including Products Liability coverage, with combined single limits of not less than $1,000,000 per occurrence, $2,000,000 aggregate. B. Commercial Automobile Liability Insurance, including owned, non-owned, leased and hired motor vehicle coverage with limits not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. If Offeror will only be providing goods to the District and shipping them by the United States Postal Service or commercial carrier, such as UPS, FedEx, or DHL, then Offeror will not be required to have Commercial Automobile Liability Insurance. However, in this event, Offeror must agree to purchase insurance from the United States Postal Service and the commercial carrier to cover the full replacement cost of the goods to be shipped to the District by the Offeror. The cost of any such insurance shall be born by the Offeror, and no additional insurance charges should be passed along to the District. A successful Offeror who fails to purchase the required insurance when shipping the USPS or commercial carrier may be terminated for breach-of-contract. C. Workers Compensation Insurance Statutory limits in accordance with O.C.G.A.34-9-120 et. seq. If Offeror does not operate any facilities in the state of Georgia, then Offeror may be able to satisfy this requirement by demonstrating that it has Workers Compensation Insurance that complies with the laws of the state in which Offeror is located. RFP 24-57 Swimming Pool Maintenance Services (Annual Contract) Page 26 | 50 D. Umbrella Insurance with a limit of not less than $1,000,000 per claim, $1,000,000 aggregate. 18.0 CRIMINAL HISTORY, LITIGATION HISOTRY, AND CONTRACT PERFORMANCE HISTORY In response to Solicitation Form 7, Disclosure of Responsibility Statement please answer a number of questions concerning Offerors criminal history, litigation history, and contract performance history. If, prior to the award of a contract, the District determines that a Offeror has supplied incomplete or inaccurate information in response to this form, the District reserves the right to reject Offerors Proposal as non-responsive based on the nature of the error, in its sole discretion. If, prior to the award of a contract, it appears to the District that a Offeror may have made an intentional misrepresentation on the Disclosure of Responsibility Statement, then the District reserves the right to designate the Offeror who provided incorrect information in response to solicitation form 7 as not-responsible on this or other District solicitations. If after the award of a contract, the District determines that the successful Offeror provided incomplete or inaccurate information in response to Solicitation Form 7, the District reserves the right to rescind the contract for negligent or intentional misrepresentation as allowed law and/or right to affirm the contract and sue for damages as appropriate. 19.0 TERMS OF CONTRAC