PEER MEDIATION PROGRAM SERVICE PROVIDER (ANNUAL CONTRACT)

B The Goods and/or Services Requested by the District. The goods and/or services requested by the District in this ITB are described in more detail in Attachment A- Goods and/or Services Requested, Format of Bids, Evaluation Criteria for Award, and Contract Requirements, which is incorporated into this ITB by this reference. c The Advertising Dates for this ITB. This ITB is being advertised on the Purchasing Department page of the SCCPSS website, www.scepss.com, from March 31, 2024 until the deadline for submitting bids. This ITB is also being advertised on the Georgia Procurement Registry (GPR) from April 1, 2024 until the deadline for submitting bids. This Invitation to Bid (ITB) is also being advertised in the Savannah Morning News, the newspaper for legal notices in Chatham County, on the following dates: Sunday, March 31, 2024, and Sunday, April 14, 2024 No Pre-Bid conference is scheduled for this ITB. The

Deadline for Submitting Bids in Response to this ITB. The deadline for submitting any bids in response to this ITB, unless extended by the District, shall be: 11:00:00 a.m. (ET): on Tuesday, April 30, 2024 Time is of the essence, and any bid received on or after this deadline for submission will not be accepted. Offerors are responsible for ensuring that their bids are timely received and stamped by Purchasing Department personnel. If a Bidder does not receive an email confirmation that its bid has been received and registered between 9:00:00 a.m. (ET) and 5:00:00 p.m. (ET) on the day the bid is sent or prior to the deadline for bid submissions on the date bid submissions are due, then the Bidder should email or call the Purchasing Department at (912) 395-5572 to confirm receipt. While SCCPSS will accept all bids received by the purchasing@sccpss.com email account by 10:59:59:99 a.m. (ET) on April 30, 2024 bidders should not wait until the last minute to submit bids. It shall not be sufficient to show that the Bid was sent to email before the scheduled deadline. Any bid not received by 10:59:59:99 a.m. (ET) on April 30, 2024 wili be rejected. This deadline may be extended for all prospective bidders 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 ITB or the associated specifications, a total absence of bids, District closure due to inclement weather, etc. The Director of the Purchasing Department will either extend the deadline for all bidders or not ail. Bidders may withdraw bids at any time up to the scheduled time for receipt of bids. Bidders may resubmit bids provided it is prior to the scheduled time for receipt of bids. Bids cannot be modified after the submission deadline, as may be extended by the Purchasing Department. Care should be taken to ensure that information provided is accurate, complete, and consistent. Omission of any of the required information may subject the Bidder to disqualification. The District reserves the tight to request information or respond to inquiries for clarification purposes only. F. Procedure for Delivery and Submission of Bids and Withdrawal of Bids. Offerors shall timely deliver Bids by email to purchasing@sccpss.com. The bid and all required forms shall be submitted as PDF documents attached to the email. Bid 24-66 Handheld Radios (Annual Contract) Bid Template 3/28/2022 | Page 3 All bids submitted must contain the BID FROM [BIDDERS NAME], BID NUMBER, BID NAME, CONFIDENTIAL UNTIL CLOSING DATE AND TIME clearly marked in UPPER CASE in the subject line of the submitting email. Please include with your bid 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 Bidders 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 bid prior to the scheduled deadline, please email purchasing@sccpss.com. All withdrawal emails must contain the subject line Withdrawal of Bid by [Bidders Name]- Bid Number-Bid Name. Bids may not be withdrawn after the scheduled deadline for bid submissions, except as allowed by law with the consent of the District. Reasonable abbreviations of the Bidders Name and the Bid Name that clearly identify the bidder and the solicitation while reducing the length of the subject line of the email will be accepted. G Receipt and Tabulation of Bids. Bids 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 bid opening, unless sooner withdrawn by a Bidder as allowed by this solicitation. Bids formally withdrawn prior to bid opening will not be publicly opened or considered but may be maintained by the District for its record keeping purposes. After the deadline for bid opening, bids will be publicly opened and examined. A copy of the bid tabulation will be posted to the District's website. H Timely-filed, Signed Bids Considered an Offer. A Bidders timely-filed, signed bid shall be considered an offer on the part of the bidder which may become a binding contract on the Bidder if accepted by the District at the conclusion of the bid evaluation process. By submitting a bid in response to this ITB, Bidder agrees that bid will remain open for acceptance by the District for at least ninety (90) days without any changes in terms or pricing. in event that the Bidder 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 bidder's failure to perform, including legal action for damages or equitable relief, including specific performance, for the Bidder's lack of required performance. I Non-Response by Prospective Bidders. If a Bidder does not wish to submit a bid in response to this ITB but would like to remain on the list of potential vendors for the District, please complete and return only the No Bid Statement Form included with this ITB packet to purchasing@sccpss.com. J Form and Formatting of Bids. The form and formatting requirements for bids requested by this ITB are described in Attachment A- Goods and/or Services Requested, Format of Bids, Evaluation Criteria for Award, and Contract Requirements and in the attached Bid Form. Bid 24-66 Handheld Radios (Annual Contract) Bid Template 3/28/2022 | Page 4 Bid Bonds. A bid bond IS NOT required with bidders bid for this ITB. Performance and Payment Bonds. Payment and Performance bonds ARE NOT required for this ITB. M Bidders Essential Credentials and Business Structure to be considered a Responsible Bidder. To even be considered for a possible award of a contract for the goods and/or services requested by this ITB, a Bidder must be deemed a responsible Bidder by the District's Purchasing Department. To be considered a responsible Bidder for the purpose of this ITB, a Bidder must be licensed and have the capacity to provide the goods and/or perform the services requested by this ITB and must be abie to meet the minimum licensing, bonding, insurance, and contractual requirements of this ITB. The District reserves the right to request a Bidder to provide additional information or documentation to demonstrate that it is a responsible Bidder. Failure to provide the requested additional information, in itself, will be sufficient grounds for the District to declare the Bidder to be not responsible for the purposes of this ITB. To be considered a responsible Bidder, the Bidders majority (61%) ownership, whether public or private, must be held by citizens or lawful permanent residents of the United States. To be considered a responsible Bidder, the Bidder must attach to its bid a copy of any and all business licenses needed for the Bidder to provide the requested goods and/or services, including any local business licenses needed to provide the good and/or services requested by this ITB in Chatham County. If the Bidder is a corporation, a copy of a current Annual Corporate Registration issued by the State in which the Bidder is incorporated is required to demonstrate that the Bidder is a responsible Bidder. While any lawful form of business may be a responsible Bidder, if the Bidder 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 Bidders bid. 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 Bidder 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 ITB. If the District determines that the form of the Bidders business, including a partnership or joint venture, was not created for a legitimate business purpose, could impair the Bidders 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 Bidder and determine that it is not responsible. If the Bidder 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 District's intent to only enter into a contract as a result of this TB with a single Bidder. The District reserves the right to reject as non-responsive or not responsible any bid that requests the District to enter into contracts with multiple Bidders. N Insurance, Warranty, Indemnity and Other Requirements for Responsible Bidders. To be considered a responsible Bidder, each Bidder will be required to meet minimum insurance, Bid 24-66 Handheld Radios (Annual Contract) Bid Template 3/28/2022 | Page 5 warranty, indemnity and other requirements set forth in more detail in Attachment A- Goods and/or Services Requested, Format of Bids, Evaluation Criteria for Award, and Contract Requirements, which is incorporated by this reference. If the Bidder believes that additional insurance coverages other than those listed in Attachment A are required fo ensure coverage for damages arising out of the performance of this contract, then Bidder should notify the District by the deadline for requests for interpretation and material substitution set forth below. oO 0.C.G.A. 13-10-91 and E-Verify Compliance Required for Responsible Bidders. To be considered a responsible Bidder, all Bidders 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 Bidder eligible for this ITB, the Bidder 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 ITB, Bidders 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 MinorityWomen 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 District's 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 inciude, but not be limited to, the following: (1) Placing qualified smail 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. (9} Communicate with the City of Savannah's Office of Economic Development to identify available and qualified LMWBE firms. (10) Review the District's 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 | MWBE teaming partners. See 2 C.F.R. 200.321; Board Policy FG. Bid 24-66 Handheld Radios (Annual Contract) | Page 6 Bid Template 3/28/2022 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 District's 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 District's 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 Bidders must read, complete and return all of the LMWBE forms attached to this ITB. Q The Districts Reservation of Rights to Cancel this ITB, to Amend the ITB Process, to Disqualify Bidders, and to Waive Irregularities and Technicalities. The District, in the discretion of the Purchasing Director, the Chief Financial Officer, the Superintendent, or the District's governing body, the elected School Board, may cancel this ITB at any time before the District awards a contract to any Bidder(s). The District may decline to purchase the goods and/or services solicited in this ITB 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. Bid 24-66 Handheld Radios (Annuai Contract) | Page 7 Bid Template 3/28/2022 The District, in the discretion of the Purchasing Director, the Chief Financial Officer, the Superintendent, or the District's governing body, the elected School Board, reserves the right to amend this ITB and all attachments in any way and at any time (without cancelling it in its entirety) before the deadline for the submission of bids. Any addenda amending this ITB will be made available to all Bidders on the District's website. As stated above, the submission deadline will be extended at least seventy-two (72) hours if any addenda is issued less than seventy- two (72) hours before the submission deadline. The District further reserves the right to amend this ITB in any way after the deadline for the submission of bids (without cancelling the ITB in its entirety), except the District will not amend the original bid formatting or submission requirements or the criteria for determining whether the Bidder is a responsive or responsible Bidder. Non-exclusive example of such an amendment to this ITB may be the addition of an inadvertent omission from the project specifications. The District further reserves the right to redo any stage of this ITB (without cancelling it in its entirety) if the District, in the discretion of the Purchasing Director, the Chief Financial Officer, the Superintendent, or the District's governing body, the elected School Board, has concerns that a stage of the TB should be redone to eliminate any question of whether it was conducted properly. The District reserves the right to reject any and all bids submitted in response to this ITB, and to waive any irregularities or technicalities in bids received whenever such rejection or waiver is in the best interest of the District. The District has the right to disqualify a bid of any Bidder on the basis that the bid is nonresponsive or the Bidder is not responsible. A bid shall be deemed nonresponsive if it fails to include all of the information or documents required by this ITB. Accordingly, Bidders 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 bid 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. A Bidder shall be deemed not responsible if the District determines that the Bidder 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 Bidder. The District will also evaluate whether the Bidders workload will allow the bidder to complete this project within the established time, quality, or cost, or to comply with the bidder's contract obligations. In evaluating the bidder's workload, the District may consider whether the bidder has submitted bids on other District projects and whether the award of multiple projects to the bidder may impair the bidder's ability to complete this project within the established time, quality, or cost, or to comply with the bidder's contract obligations or otherwise pose a risk to the District. The District reserves the right to request a Bidder to provide additional information in response to any concern that a Bidder may not be a responsible Bidder. Failure to provide the requested additional information, in itself, will be sufficient grounds for the District to declare the Bidder to be not responsible for the purposes of this ITB. Bidders represent that, to the best of their knowledge, all information that they submit to the District in response to this ITB, whether through a bid or otherwise, is true and correct. {f the District determines that information submitted by the Bidder is incorrect, the District may disqualify a bid as non-responsive. If the District Bid 24-66 Handheld Radios (Annual Contract) | Page 8 Bid Template 3/28/2022 determines that a Bidder intentionally misrepresented information submitted in response to the !TB, the District may disqualify the Bidder 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 !TB will be awarded by means of the award process described in in Attachment A - Goods and/or Services Requested, Format of Bids, 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 Bidder. If such a sample contract is attached, then the Bidder is deemed to have agreed that all of the terms contained therein will be acceptable by submitting a bid. If the Bidder wants to propose materially different terms, then the Bidder should file a request for Material Substitution using the procedure outlined above before submitting its bid. For other goods and/or services, the District may ask Bidders to provide a proposed contract. The terms of that proposed contract will be evaluated as part of the selection process to determine whether the Bidder is responsive and responsible. The specifications for the goods and/or services requested by this ITB may also include specific contract terms outlined in Attachment A - Goods and/or Services Requested, Format of Bids, Evaluation Criteria for Award, and Contract Requirements that should be included in any contract proposed by a Bidder. 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 Bidder as such provisions are prohibited by District policy and state law. Conversely, there may be times when the District requires a Bidder to maintain certain levels of insurance, to honor certain warranties, or to provide indemnities to the District. s Consideration of Bidder Past Performance. Successful Bidders 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 Bidder being disqualified on future ITBs or may result in the deduction of points from the Bidder on a future District solicitation, whether they are other invitations to bid or requests for qualifications and requests for proposals. Good performance may result in the Bidder 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 bids 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 bid. Failure to list all proprietary sections of the submitted bid 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 ITB is cancelled before an award is made, bids will not be made available for public inspection to prevent Bidders from having an unfair advantage in future solicitations for the same goods or services. U Bidder Questions, Requests for interpretations, Requests for Material Substitution of Products, Services or Contract Terms, and Issuance of Addenda. if a Bidder should have any questions relating to an ITB, including but not limited to the interpretation of ITB 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 Bids, or the evaluation and contract award process outlined in this ITB, the Bidder may deliver written requests for interpretation or requests for the substitution of products, services, or contract terms by email to the Purchasing Department's designated email purchasing@sccpss.com. Email must contain the BID NUMBER, BID NAME, AND QUESTION Bid 24-66 Handheld Radios (Annual Contract) Bid Template 3/28/2022 | Page 9 SUBMITTAL clearly marked in UPPER CASE in the subject line of the submitting email. Emails without the Bid 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 mode! 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 a Bidder would like to propose another manufacturer, process, brand name, model number, etc. other than those stated in the specifications for this ITB, the Bidder 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 Bidder. All determinations of the acceptability of the proposed substitute goods or services shall rest with the District staff and their decision shall be final. Bids 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 Bidder but shall put the Bidder on notice to inquire of or identify the same from the District. If the Bidder wishes to propose materially different terms than those requested by the District in Attachment A or in any Sample Contract, then Bidder 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 ITB and shall be made available to all Bidders on the District's website. While the District will also make a good faith effort to email any addenda to ail Bidders who attended pre-bid conferences, submitted requests for interpretations to the District, or otherwise communicated an interest to receive notice of addenda, the District's failure to provide a Bidder with individualized notice of an addenda will not provide a Bidder with grounds to protest the implementation of this ITB. Bidders are ultimately responsible themselves for keeping track of addenda issued by the District before the deadline for submitting bids in response to this ITB. 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 Wednesday April 17, 2024. The District shall not be required to answer any questions about this ITB submitted after 4:59:59:99 p.m. (ET) on this date. The Purchasing Department will extend the deadline for submitting bids for all Bidders by at least seventy- two (72) hours if it issues any addenda within seventy-two (72) hours before the scheduled bid submission deadline. The Purchasing Director, or her designee, in her discretion, may extend the deadline for submitting requests for interpretation for all Bidders if the deadline for submitting bids is also extended. Vv Protests. Any actual Bidder or bona fide prospective Bidder who is aggrieved in connection with this ITB may protest to the Purchasing Director by email to purchasing@sccpss.com. Please include PROTEST- [BIDDER NAME] BID NUMBER, BID NAME, clearly marked in UPPER CASE in the subject line of the email. It is incumbent upon the Bidder to receive confirmation from the Purchasing Department that Bid 24-66 Handheld Radios (Annual Contract} Bid Template 3/28/2022 | Page 10 its protest has been received. Bidders who do not receive confirmation of the protest by email during hormal 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 Bid in response to this ITB without filing a protest observing the deadlines set forth below, the Bidder waives any objection to the content of this ITB (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 ITB as applied to the Bidder or addenda issued after the submission date. Any protest to the content of this ITB (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 bids, uniess the objection concerns an addendum issued fewer than five (5) business days prior to the deadline for submissions of bids, 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 District's notice of intent to award a contract for the provision of goods and/or services requested in his ITB, which will be transmitted by email to all Bidders. The District shall not intentionally withhold information that is stated in this ITB to be forthcoming at certain intervals, but failure of the District to notify a Bidder who might be aggrieved by the content of such notification shali not give rise fo 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 District's purchasing staff member or department is aileged 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 Bidder 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 Bidder. This written decision shall be final and conclusive. W. Bidders Not Entitled to Reimbursement for their Costs Associated with Submitting Bids. The District recognizes that participating in this ITB process, or any government procurement process, can be time consuming and expensive for Bidders. In participating in part of this process, Bidders acknowledge that their costs in participating in this process are the costs of attempting to do business with the District. All Bidders or potential Bidders, including unsuccessful Bidders or Bidders or potential Bidders who file protests, agree that the District shall not be responsible for reimbursing the Bidder for any costs they may incur in connection with this ITB, including staff time, printing costs, attorneys fees, or expenses of litigation. X Gratuity Prohibition. No Bidder 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. Bid 24-66 Handheld Radios (Annual Contract) | Page 74 Bid Template 3/28/2022 Y Certification of Independent Submission of Bids. By submitting a bid in response to this ITB, the Bidder must certify that: 1 The information in this bid has been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition with any other Bidder or with any competitor; The information in this bid has not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to the District's final determination regarding this ITB, directly or indirectly to any other Bidder or to any competitor; No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition; and, 4 In the event the Bidder is a partnership or joint venture, each party thereto certifies the above. Zz Federal Requirements The District receives a number of federal grants. Some of the District's 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 ef. 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, Bidders and successful offerors agree that they will comply with any such federal requirements. 4 DEBARMENT AND SUSPENSION VERIFICATION (required by the District for all bids) 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 bidder 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 District's 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 bidders have been suspended or debarred by a federal entity in making awards under this ITB. 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. 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 governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), Debarment and Suspension. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by Bid 24-66 Handheld Radios (Annual Contract) | Page 42 Bid Template 3/28/2022 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 bids) Per 2 CFR 200 Appendix II Section | - A Lobbying Certification and Disclosure must be completed for all bids $100,000 and over. For consistency among solicitations, the District requires all Bidders 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 bids 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 articies. 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) (bids over $10,000) The District and its Contractors shall seek to comply with section 6002 of the Solid Waste Disposai 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. 6. CLEAN AIR/ CLEAN WATER STATEMENT (for bids over $150,000) Bid 24-66 Handheld Radios (Annual Contract) | Page 13 Bid Template 3/28/2022 The District expects its Contractors for bids 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 Vendor's 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 bids concerning such equipment) Bidders 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 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 8. Domestic Preference for Procurement (2 C.F.R 200.322) (all bids) 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. Bid 24-66 Handheld Radios (Annual Contract) Bid Template 3/28/2022 | Page 14 (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 {ITB Continues on Next Page] Bid 24-66 Handheld Radios (Annual Contract) Bid Template 3/28/2022 | Page 15 ill, TB ATTACHMENTS, SPECIFICATIONS, SAMPLE CONTRACTS, AND FORMS The following attachments, specifications, sample contracts and forms are part of this ITB and are herein incorporated by this reference. Failure to return a required form may result in the Bidders bid being rejected as non-responsive. A Attachment A: Goods and/or Services Requested, Format of Bids, Evaluation Criteria for Award, and Contract Requirements. B Attachment B: Forms to be submitted with this ITB. 1 Solicitation Form 1: Bid Submission Checklist (Required for all bids. Please include on the front of any bid submission) Solicitation Form 2 Bid Certification Form (Required for all bids) Bidders References Solicitation Form 3 (Required for all bids) Solicitation Form 4 Contractor Affidavit Under O.C.G.A. 13-10-91 (Required for all bids) Solicitation Form 5 Subcontractor Affidavit Under 0.C.G.A. 13-10-91 (Only needed if subcontractors will be used) Solicitation Form 6 Sub-Subcontractor Affidavit Under 0.C.G.A. 13-10-91 (Only needed if sub-subcontractors will be used) Solicitation Form 7 Disclosure of Responsibility Statement (Required for all bids) Solicitation Form 8 Debarment and Suspension Verification Form (Required for all bids) Solicitation Form 9 Disclosure of Lobbing Activities Form (Required for all bids) 10 Solicitation Form 10: Documentation of Good Faith Efforts to Involve LMWBE (Required for all bids) 11. Solicitation Form 11: Joint-Venture Disclosure Statement (Only need if a joint venture used) 12. Solicitation Form 12: Bid Submittal Form (Required for all bids) 13. Solicitation Form 43: No Bid Statement Form (Only submitted if vendor does not want to participate in this solicitation but wishes to receive notice of other District solicitations) Cc. Attachment C: Sample Contract Bid 24-66 Handheld Radios (Annual Contract) | Page 16 Bid Template 3/28/2022 INVITATION TO BID (ITB): 24-66 Handheld Radios (Annual Contract) Attachment A Goods and/or Services Requested, Format of Bids, 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 ITB. 1.0 GENERAL INTENT. The intent of these specifications is to solicit formal sealed bids from qualified firms to establish an annual contract, through competitive negotiation, to obtain handheld radios to be purchased and delivered to the Savannah-Chatham County Public School System sites on an as needed and line item basis. The resulting contract will primarily be used by the Technology Department of the Savannah Chatham County Public School System, as assigned by the Savannah Chatham County Public School System (SCCPSS) or its representative as detailed in the specifications in Attachment A. 2.0 SUBMITTALS AND ATTACHMENTS. Bidder is required to enclose with bid the following forms, certifications, and licenses. Failure to do so may result in your response being deemed as non-responsive. A. Forms 1 through 12, as applicable. B. Certificate of Insurance (Limits stated in Section on Insurance; Bidder will list the District as an additional named insured and certificate holder). C. Documentation confirming that the District, agents, and their successors and assigns will be named as Additional named insureds on the Bidders insurance policies providing coverage for this contract] D. Copy of Current Business License/Tax Certificate/or equivalent. E. State of Georgia Business License (As Applicable) F. Documentation of Standard Manufacturer's Warranty (if applicable) (minimum 1 year). G. Documentation of Extended Warranty (As Applicable) H. Completed W-9 Form | Contractor's Affidavit (E-Verify) J. Sub-Contractors Affidavit (if applicable) K. Sub-sub-Contractor's Affidavit (if applicable) L. List of Employees or agents that will be assigned to a resulting contract and proof that employees and agents are individually licensed to do the required services. For bids to be considered, bidders shail have any and all licenses and permits required by Federal, State, and Local government, and those requested within this bid document. 3.0 GENERAL DESCRIPTION OF GOODS OR SERVICES REQUESTED The successful bidder 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 bidder. Adequate information to allow the District to evaluate all exceptions must be noted in bid response. If bidding on other than specified, the bid must clearly identify those exceptions on bid submittal form. In the event that a bidder is offering another manufacturer and/or model number other than stated in the specifications, the bidder must provide complete technical information, specifications, manufacturer's name, model number and a complete list of deviations to the District for approval. The burden of proof for documenting Bid 24-66 Handheld Radios (Annual Contract) Bid Template 3/28/2022 | Page 17 equivalency rests with the bidder. All determinations for acceptability of equal or alternate materials shall rest with District staff and their decision is considered final. 4.0 SPECIFICATIONS. 1 Hand Held Radio and Repeater Hardware provided must be compatible and communicate with the following equipment: Hytera HYT TC-320 UHF 16 Channel Two-Way Analog Radio Hytera HYT TC-518 UHF 16 Channel Two-Way Analog Radio Hytera BD502 UHF 16 Channei Two-Way Digital DMR Radio Kenwood NX-1300DUK 46 Channel Two-Way Digital DMR Radio Kenwood NX-1300AUK 16 Channel Two-Way Digital DMR Radio Kenwood P1300NUK 16 Channel Two-Way Digital DMR Radio Hytera HYT RD-982U-2-AN UHF 450-520 MHz Analog/Digital DMR Repeater Hytera RD622iU-1 DMR Repeater UHF 400-470 MHz Analog/Digital Repeater Kenwood TKR-D810K Analog/Digital DMR Repeater 2. Antenna Hardware provided must meet the following specifications: Frequency: 450 470 MHz Gain: Unity/ 2.15 dBi Length: 26 inches UV Treated Omni-directional UHF Base station The antenna must be installed at the roof and at the center point of each building 3. Repeater Hardware provided must meet the following specifications: Install Lighting Arrestor on repeater end in wiring closet Provide LMR400 cabling to connect repeater and antenna The repeater should deliver up to 50 watts of power Rack Mountable The repeater should work on an analog or digital radio network The radio company must be familiar with the radio frequency coordination process. The radio company must have a relationship with the Federal Communication Commission (FCC) and authorization to submit frequency coordination requests on behalf of SCCPSS. SCCPSS should be able to apply for new frequencies or modify existing frequencies through the radio company. ** ONLY FACTORY NEW UNITS WILL BE ACCEPTED. BIDS FOR RE-MANUFACTURED; REFINISHED; USED; REPAIRED; FACTORY SECONDS OR SURPLUS EQUIPMENT WILL NOT BE ACCEPTED. See Bid Submittal Form for specifications. 5.0 SAMPLES Upon notification by the Board the apparent successful bidder shall provide, within three (3) days, samples as requested. Samples will be provided at the expense of the bidder. 6.0 MINIMUM QUALIFICATIONS FOR BIDDER TO BE RESPONSIBLE. The District will only consider firms that have been engaged in the business of performing the services as described in these specifications. The vendor must be able to produce evidence that they have an established satisfactory record of performance for a reasonable period of time and to ensure that they can satisfactorily execute the services if awarded a contract. Bid 24-66 Handheld Radios (Annual Contract) | Page 18 Bid Template 3/28/2022 The District reserves the right, before awarding the contract, to require a vendor to submit such evidence of its qualifications as it may deem necessary and may consider any evidence available to it (including but not limited to, the financial, technical and other qualifications and abilities of the vendor, including past performance and experience with the District) in making the award in the best interest of the District. A Bidder must be an organization incorporated or authorized to do business in Georgia (unless the nature of the business is such that a business not based in Georgia is not required to register to transact business in the state). Bidder must have a minimum of five (5) continuous years in providing goods/services requested in this solicitation, preferably to educational, governmental and/or municipal agencies (preferably located within the Southeast Region of the State of Georgia) with Scope of Service requirements that are similar to or the same as that requested by the District. Bidder must be licensed by the State of Georgia (as applicable) for providing the services requested. Bidder must provide documentation that their Occupational Business Taxes have been paid by providing a copy of their current Business License/Tax Certificate. Bidder must demonstrate its financial stability to provide the services requested herein. Bidder must demonstrate that it can meet all insurance requirements required by the District if awarded a contract as a result of this solicitation, including any bid bond requirements, performance bond requirements, or payment bond requirements. Bidder must produce evidence that they have an established satisfactory record of performance based on past performance on similar contracts and is required to submit with their bid, a minimum of three (3) references. These references should be identified in response to Solicitation Form 3. The District shall, in its sole discretion, evaluate the references for the purposes of determining whether the Bidder is responsible or its Bid is responsive to this solicitation. The District reserves the right to request additional references. A failure to provide additional information may result in Bidder's Bid being rejected as nonresponsive. 7.0 COMPLIANCE WITH ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS. The successful Bidder 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. 8.0 QUANTITIES. The estimated quantities provided are intended as a guide for the bidder. The District does not obligate itself to purchase the full estimated quantities indicated, even so, the entire amount of any discount offered must be allowed whether or not the purchases are less than the full quantities indicated. The District's requirements may exceed the estimated quantities shown and the successful bidder shall be obligated to fulfil all requirements as shown on the purchase orders, whose mailing dates fail within the performance period of the resulting contract. 9.0 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 District's 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 District's 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 Bid 24-66 Handheld Radios (Annuai Contract} Bid Template 3/28/2022 | Page 19 and any other items to be invoiced. Start time, break time, and end time must be coordinated through the SCCPSS representative overseeing the project. 10.0 TRANSITION PERIOD. Due to the nature of the District's competitive purchasing processes, a transition period may be needed from the successful bidder from one solicitation to the successful bidder on a future solicitation. The successful bidder of this solicitation shall agree to maintain the same ferms 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 bidder, 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. 11.0 PRICING AND DELIVERY. Bidders shall submit pricing based upon the specifications detailed herein and, in the format, requested on the Bid Submittal Form (Solicitation Form 12). All pricing shall include inside delivery to each school site. The pricing submitted in Bidders bid shail remain firm and open for acceptance by the District for ninety (90) days after the District receives the Bidders bid. If the District accepts the Bidders bid, the Bidder 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 Bidder 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 Bidder agrees to 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 Bidder may agree to renew the contract by mutual agreement for an additional term (the second renewal term), not to one year from the date upon which the first renewal expires. The Bidder 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. 12.0 BASIS OF CONTRACT AWARD. i Contracts, if any are awarded at all, will be awarded on a line item basis to one or more responsive and responsible Bidders. With this solicitation, the District has provided a list of goods and/or services it desires to purchase on Solicitation Form 12. Bidders may bid on as few as one item, a combination of multiple items, or all items. The District may end up awarding each item to a different Bidder, it may award multiple items to a single bidder and use a combination of Bidders to fulfill all items, it may award all items to a single Bidder, or it may award a single item to multiple vendors (and use a combination of vendors to fulfill all items), as the District determines to be in its best interest to balance its interest in getting all of the products that it desires at the best price in a manner that is administratively convenient and meets the District's delivery needs. For example, if no single bidder can fill the volume of the District's order by the time requested by the District, the District may award a single line item to more than one bidder to ensure all of its needs are supplied by the desired delivery date. The District may also designate the vendor with the best price for a category or line item as primary and another vendor with the second best price for a category or line item as secondary. The District may give preference to the primary vendor for ordering the awarded items but may go to the secondary vendor if the primary vendor cannot provide the quantity requested within the time or in the manner requested. Bid Template 3/28/2022 Bid 24-66 Handheld Radios (Annual Contract) | Page 20 The bid submittal form may request an extended cost that is cost-per-item of each line item based on the unit price multiplied by an estimated quantity. While the estimated quantity will be used for comparing bids to one another, the District reserves the right to order different quantities of goods and services than those listed in the Bid Submittal Form. Some item may not provide an estimated quantity and may just provide a unit price. This procurement process accounts for the fact that no single Bidder may be able to provide the District with all of the items that it may require and for the fact that some Bidders may specialize in a particular type of item and may be able to supply a better price or selection as to that type of item than another provider. it also allows the District to hire multiple bidders to complete all of the projects faster. The District reserves the right to reject all bids or any bid that is nonresponsive or not responsible and to waive technicalities and informalities. The District reserves the right to re-advertise or terminate this invitation to bid at any time before the Board of Education awards a contract for any reason. The District reserves the right to cancel, recall, and/or re-issue all, or any part of this solicitation, at any time. Through the procedures outlined above, a bidder may withdraw its bid at any time prior to the deadline for submitting bids. No bid may be withdrawn for a period of ninety (90) days after the deadline for submitting bids. In the event of a tie between two or more responsive and responsible bidders as fo price, the District shall resolve the conflict based on the quality of the samples, as determined by the District in its sole discretion. If the District cannot determine an appreciable difference between the samples, then the District shall resolve the tie with a coin flip by the Director of Purchasing (or her designee), witnessed by at least one other District employee. in the event of a tie between three or more responsive and responsible bidders as to price which is not resolved by the District's assessment of the quality of the samples, in its sole discretion, then the winner will be declared by drawing lots in the presence of at least one other District employee in a manner by which the person drawing the lots cannot distinguish between bidders. 13.0 DISTRICT REPRESENTATIVE. The Board has selected Michael King, Network Engineer 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 Bidder shall have a communication device that will allow the District's representative and/or his designee to contact him directly in the event of an emergency. The Bidder is required to provide the District's 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 Bidder's responsibility to immediately notify the District's representative of any changes in contact information. 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 BID. If a Bidder discovers any ambiguity, conflict, discrepancy, omission or other error in this ITB, then it shall immediately notify the Purchasing Director of such error in writing and request modification or clarification of the ITB. Modifications shall be made by issuing an addendum and shall be given by written notice to ail parties who have received this bid from the Savannah-Chatham Public School System's Purchasing Department. The Bidder is responsible for clarifying any ambiguity, conflict, discrepancy, omission or other error in the ITB 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 bidder(s). Bid 24-66 Handheld Radios (Annual Contract) Bid Template 3/28/2022 | Page 21 16.0 PERFORMANCE PERIOD. This bid will establish an annual contract that will terminate at 11:59:59:99 (p.m.) (ET) on the night before the twelve (12) month 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 fimit per occurrence for bodily injury and property damage. If Bidder 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 Bidder will not be required to have Commercial Automobile Liability Insurance. However, in this event, Bidder 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 Bidder. The cost of any such insurance shall be born by the Bidder, and no additional insurance charges should be passed along to the District. A successful Bidder 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. !f Bidder does not operate any facilities in the state of Georgia, then Bidder may be able to satisfy this requirement by demonstrating that it has Worker's Compensation Insurance that complies with the laws of the state in which Bidder is located. D Umbrella Insurance with a limit of not less than $1,000,000 per claim, $1,000,000 aggregate. 18.0 CRIMINAL HISTORY, LITIGATION HISTORY, AND CONTRACT PERFORMANCE HISTORY In response to Solicitation Form 7, Disclosure of Responsibility Statement please answer a number of questions concerning Bidder's criminal history, litigation history, and contract performance history. If, prior to the award of a contract, the District determines that a Bidder has supplied incomplete or inaccurate information in response to this form, the District reserves the right to reject Bidders Bid 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 Bidder may have made an intentional misrepresentation on the Disclosure of Responsibility Statement, the Bid 24-66 Handheld Radios {Annual Contract) Bid Template 3/28/2022 | Page 22 District reserves the right to designate the Bidder 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 Bidder 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 CONTRACT. For this solicitation, the District has attached a Sample Contract as Attachment C for the provision of the goods and/or services requested by this ITB. By submitting a bid, the Bidder agrees that ali of the terms of the Sample Contract are acceptable to the Bidder and agrees to enter a contract as a result of this solicitation substantially similar to the attached Sample Contract. If any of the terms of the Sample Contract are not acceptable to the Bidder, then District requests that the Bidder provide a Request for Material Substitution before submitting its Bid asking to substitute different terms on or before 5:00 p.m. on Wednesday, April 17, 2024. The District reserves the right to reject any Bid that does not contain the terms of the Sample Contract or contains other terms unacceptable to the District. The District reserves the right to decline to enter into a contract with any Bidder that refuses to enter into a contract substantially similar to the Sample Contract attached hereto. The District reserves the right to negotiate all terms of any contract proposed by a Bidder until the time of final award by the District's governing body, the elected School Board, or its designee pursuant to Board policy. End of Attachment A Forms to Follow Bid 24-66 Handheld Radios (Annual Contract) Bid Template 3/28/2022 | Page 23 BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH AND THE COUNTY OF CHATHAM ITB 24-66 - ATTACHMENT B SOLICITATION FORMS Failure to return a required form may result in the Bidders bid being rejected as non-responsive. 4. Solicitation Form 1: Bid Submission Checkiist (Required for all bids. Please include on the front of any bid submission) Solicitation Form 2: Bid Certification Form (Required for all bids) Solicitation Form 3 Bidders References (Required for all bids) Solicitation Form 4 Contractor Affidavit Under 0.C.G.A. 13-10-91 (Required for ali bids) Solicitation Form 5 Subcontractor Affidavit Under 0.C.G.A. 13-10-91 (Only needed if subcontractors will be used) Solicitation Form 6 Sub-Subcontractor Affidavit Under 0.C.G.A. 13-10-91 (Only needed if sub-subcontractors will be used) Solicitation Form 7 Disclosure of Responsibility Statement (Required for all bids) Solicitation Form 8 Debarment and Suspension Verification Form (Required for all bids) Solicitation Form 9: Disclosure of Lobbing Activities Form (Required for ail bids) 10. Solicitation Form 10: Documentation of Good Faith Efforts to Involve LMWBE (Required for all bids) 11. Solicitation Form 11: Joint-Venture Disclosure Statement (Only need if a joint venture used) 12. Solicitation Form 12: Bid Submittal Form (Required for ali bids) 13. Solicitation Form 713: No Bid Statement Form (Only submitted if vendor does not want to participate in this solicitation but wishes to receive notice of other District solicitations) Bid 24-66 Handheld Radios (Annual Contract) Bid Template 3/28/2022 | Page 24 BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH AND THE COUNTY OF CHATHAM SOLICITATION FORM 1 Bid Submission Checklist Please include this Bid Submission Checklist on the front of your Bid and check which documents are included. Q Solicitation Form 1: Bid Submission Checklist Q Solicitation Form 2: Bid Certification Form Solicitation Form 3: Bidders References Solicitation Form 4: Contractor Affidavit Under O.C.G.A. 13-10-91 Solicitation Form 5: Subcontractor Affidavit Under 0.C.G.A. 13-10-91 (submit only if the contractor may use subcontractors) Solicitation Form 6: Sub-Subcontractor Affidavit Under 0.C.G.A. 13-10-91 (submit only if subcontractors may use sub-subcontractors) Solicitation Form 7: Disclosure of Responsibility Statement Solicitation Form 8: Debarment and Suspension Verification Form Solicitation Form 9: Disclosure of Lobbying Activities Form Solicitation Form 10: Documentation of Good Faith Efforts to Involve LMWBE Solicitation Form 11: Joint-Venture Disclosure Statement (submit only if Bidder is a joint venture) Solicitation Form 12: Bid Submittal Form Bidder's Certificate of Insurance: Documents showing that Bidder has or can obtain the minimum insurance required by this solicitation. A copy of the Bidders Current Business License/Tax Certificate Any State of Georgia licenses required to provide the goods and/or services requested by this ITB. A copy of the Bidder's W-9, showing its Federal Tax Id. Number and Certification Additional Documents Submitted by Bidder in Support of its Bid, including if the Bidder does not wish to submit a Bid for this ITB but would wish to remain on the District's list of interested Bidders, please submit only Form 13 in an enveloped mark No Response. Solicitation Form 14 Bid 24-66 Handheld Radios (Annual Contract) | Page 25 Bid Template 3/28/2022 BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH AND THE COUNTY OF CHATHAM SOLICITATION FORM 2 Bid Certification Form Please complete this form and sign it in the presence of a notary: A. Local and/or Minority)Woman Business Enterprise Development Information. It is the desire of the District to maximize participation of local and disadvantaged business enterprises at all levels in the procurement process. In order to accurately document participation, businesses submitting bids, Bids or Statements of Qualifications are required to report ownership status. Q Local G Woman Q Asian-American OQ African American QO Hispanic { = American Indian QO Majority QO Non-Local B. How Did You Hear About This ITB? (This information is for statistical use only.) ~~ City of Savannah, Dept. of Economic Q Development The Herald Legal Ad QO Received Request by Mail Q The Savannah Tribune Legal Ad QO Visiting the Purchasing Office Q Savannah News Press Legal Ad C. Bidders Certification. This is to certify that I, on behalf of the undersigned Bidder, have read this [TB in its entirety (including all attachments) and agree to be bound by the provisions of the contained herein. This day of 20 nt By Name (printed) Title Signature Company Address (Street. City, State, Zip) Phone No. Fax No. Federal Taxpayer I.D. No. e-Verify No. Contact Person for This Bid Phone Number Acknowledge Receipt of Addendum(s) # D. NOTARY: Subscribed and sworn before me on This the day of , 20 Notary public My commission expires Solicitation Form 2 Bid Template 3/28/2022 Bid 24-66 Handheld Radios (Annual Contract) | Page 26 BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH AND THE COUNTY OF CHATHAM SOLICITATION FORM 3 REFERENCES OF AT LEAST THREE ORGANIZATIONS SUPPLIED WITH SIMILAR ITEMS: Company Name Contact Person: FAX Number: Phone Number: E-Mail Address: Company Name Contact Person: FAX Number: Phone Number: E-Mail Address: Company Name: Contact Person: FAX Number: Phone Number: E-Mail Address: Company Name Contact Person: FAX Number: Phone Number: E-Mail Address: Solicitation Form 3 Bid 24-66 Handheld Radios (Annual Contract) Bid Template 3/28/2022 |] Page 27 BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH AND THE COUNTY OF CHATHAM SOLICITATION FORM 4 Contractor Affidavit Required by O.C.G.A. 13-10-91(b By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of Savannah-Chatham County Public School System has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, if awarded a contract, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by 0.C.G.A. 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Bid 24-66 Handheld Radios (Annual Contract) Name of Project The Board of Public Education for the City of Savannah and the County of Chatham Name of Public Employer | hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201 in , and City State Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20 NOTARY PUBLIC My Commission Expires Solicitation Form 4 Bid 24-66 Handheld Radios (Annual Contract) Bid Template 3/28/2022 | Page 28 BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH AND THE COUNTY OF CHATHAM SOLICITATION FORM & (Required only if the Bidder may use subcontractors) Subcontractor Affidavit Required by 0.C.G.A. 43-10-9l(b By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10- 91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with on behalf of the Savannah-Chatham County Public School System (SCCPSS) has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, if awarded a contract, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Bid 24-66 Handheld Radios (Annual Contract) Name of Project The Board of Public Education for the City of Savannah and the County of Chatham Name of Public Employer | hereby declare under penaity of perjury that the foregoing is true and correct. Executed on In , and Date City State Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent Subscribed and sworn before me on This the day of 20 Notary Public My commission expires Solicitation Form 5 Bid 24-66 Handheld Radios (Annual Contract) Bid Template 3/28/2022 | Page 29 BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH AND THE COUNTY OF CHATHAM SOLICITATION FORM 6 (Required only if the Bidder may use subcontractors) Sub-Subcontractor Affidavit Required by 0.C.G.A. 13-10-91(b By executing this affidavit, the undersigned sub-subcontractor verifies its compliance with O.C.G.A. 43-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with (prime contractor) and (subcontractor) on behalf of the Savannah-Chatham County Public School System (SCCPSS) has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. 13-10-91. Furthermore, the undersigned sub- subcontractor will continue to use the federal work authorization program throughout the contract period, if awarded a contract, and the undersigned sub-subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. 13-10-91(b). Additionally, the undersigned sub-subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned sub-subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Sub-subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Date of Authorization Federal Work Authorization User Identification Number Name of Sub-Subcontractor Bid 24-66 Handheld Radios (Annual Contract) Name of Project The Board of Public Education for the City of Savannah and the County of Chatham Name of Public Employer | hereby declare under penalty of perjury that the foregoing is true and correct. Executed on In , and Date City State Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent Subscribed and sworn before me on This the day of 20 Notary Public My commission expires Solicitation Form 6 Bid 24-66 Handheld Radios (Annual Contract) Bid Template 3/28/2022 | Page 30 BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH AND THE COUNTY OF CHATHAM SOLICITATION FORM 7 Disclosure of Responsibility Statement Instructions Please answer the following questions regarding the criminal history, litigation history, and contract performance history of the Bidder and/or its officers, directors, owners, and other key employees who are expected to provide services to the District if the Bidder is awarded a contract as a result of this solicitation. Answers should be truthful, to the best knowledge of the Bidders representative submitting the Bidders response to this ITB and signed in the presence of a notary public. If the answer to any of these questions is yes, then the Bidder should provide sufficient information for the District to identify the number and nature of the criminal offenses, administrative actions, lawsuits, or other potential contract performance issues disclosed. {f the number of criminal offenses, administrative actions, lawsuits, or other potential contract performance issues disclosed in response to each question is greater than zero (0) but fewer than five (5), then the Bidder should describe each issue identified with sufficient detail for the District to understand the nature of the offense, dispute, or performance issue, and the resolution, including the amount of any fine or judgment. In describing any legal matter in court, please provide the case name, case number, and court for each legal matter. If the Bidder has more than five (5) criminal offenses, administrative actions, lawsuits, or other potential contract performance issues to disclose in response to each question, then the Bidder should state more than five and provide an explanation of why the matters to disclose exceed five (5) in number and why, in the opinion of the Bidder, the number and severity of these issues is not so significant as to adversely affect the Bidder's ability to provide the goods and/or services requested in this solicitation. For example, some businesses may be so large and may be involved in such a large number of transactions that they are involved in numerous lawsuits throughout the country in the ordinary course of business, but the business is large enough that these lawsuits reflect only a small number of the companys overall transactions and the business may be sufficiently insured and capitalized such that the volume of lawsuits may not pose any risk to the District. Similarly, financial institutions or large employers may be parties to a large number of garnishment actions involving their customers or employees. The businesss involvement in those types of proceedings does not reflect a track record of poor performance that would prevent the Bidder from competently providing the good and services requested in this solicitation to the District. The District may decide, in its sole discretion, whether the quantity or type of criminal offenses, administrative actions, lawsuits or other potential contract performance issues disclosed prevent the Bidder from being considered a responsible Bidder for this solicitation. The District reserves the right to request additional information with respect to any answer to the following questions, including more specific information on any criminal matters or litigation disclosed. The District reserves the right to reject as non-responsive the Bid of any Bidder who refuses to provide any additional information requested by District staff to further inquire to any disclosures on this form. To the extent the following questions request information with respect to an owner or shareholder of the Bidder, the question shall refer to the owner or shareholder of a privately held company, rather than a publicly traded company. The District recognizes that it may be impracticable for a publicly held company to know whether purchasers of publicly held stock have been involved in any responsive criminal proceedings or litigation. [Questions on Next Page] Solicitation Form 7 Bid 24-66 Handheld Radios (Annual Contract) Bid Template 3/28/2022 | Page 31 Questions Please state whether Bidder, or any owner of more than 10% of Bidders ownership interests, any of Bidders current officers, any of Bidders current directors, or any of Bidders current employees that Bidder reasonably expects to be involved in actually providing goods and/or services to the District in response to this solicitation, has ever been convicted of any criminal offense in connection with obtaining or attempting to obtain a government contract. (No @ Yes. If yes, describe Please state whether Bidder, or any owner of more than 10% of Bidders ownership interests, any of Bidder's current officers, any of Bidders current directors, or any of Bidders current employees that Bidder reasonably expects to be involved in actually providing goods and/or services to the District in response to this solicitation, has ever been convicted of any criminal offense that would show a lack of business integrity or honesty, including, but not limited to embezzlement, theft, or fraud. C1NoO Yes. If yes, describe Please state whether Bidder, or any owner of more than 10% of Bidders ownership interests, any of Bidders current officers, any of Bidders current directors, or any of Bidders current employees that Bidder reasonably expects to be involved in actually providing goods and/or services to the District in response to this solicitation, has ever been convicted of a felony under state or federal law, including, but, not limited to, murder, rape, or sexual assault. ONoT Yes. if yes, describe [Questions Continue on Next Page] Solicitation Form 7 Bid 24-66 Handheld Radios (Annual Contract) | Page 32 Bid Template 3/28/2022 Please state whether it has been determined, in the last five (5) years, that Bidder, or any owner of more than 10% of Bidders ownership interests, any of Bidder's current officers, any of Bidders current directors, or any of Bidders current employees that Bidder reasonably expects to be involved in actually providing goods and/or services to the District in response to this solicitation, has violated any state or federal labor laws, including but not limited to wage and hour or anti-discrimination laws, by 1) a government administrative agency responsible for administering such laws, such as the Department of Labor or the EEOC, or 2) as a result of the entry of a judgment in civil litigation brought by a government agency or private parties. ONoOD Yes. If yes, describe Please state whether it has been determined, in the last five (5) years, that Bidder, or any owner of more than 10% of Bidder's ownership interests, any of Bidder's current officers, any of Bidders current directors, or any of Bidders current employees that Bidder reasonably expects to be involved in actually providing goods and/or services to the District in response to this solicitation, has violated state or federal occupational safety laws, including but not limited to OSHA regulations, by 1) a government administrative agency responsible for administering such laws, such as OSHA or 2) as a result of the entry of a judgment in civil litigation brought by a government agency or private parties. O No C Yes. If yes, describe 6 Please state whether Bidder has ever been disbarred or otherwise disqualified from participating in any federal or state government purchasing process. O No O Yes. If yes, describe [Questions Continue on Next Page] Solicitation Form 7 Bid 24-66 Handheld Radios (Annual Contract) Bid Template 3/28/2022 j Page 33 7 Please state whether Bidder is currently a party in any civil litigation arising out its performance of a contract for the provision of goods and services, including, but not limited to, claims that Bidder breached that contract, caused personal injury or property damage in the course of its performance of the contract, or committed professional malpractice, regardless of whether the party bringing the claim was a party to the contract or a third party. O NoCl Yes. If yes, describe Please state whether, in the last five (5) years, any judgments have been entered against the Bidder in any civil litigation arising out its performance of a contract for the provision of goods and services, including, but not limited to, claims that Bidder breached that contract, caused personal injury or property damage in the course of its performance of the contract, or committed professional malpractice, regardiess of whether the party bringing the claim was a party to the contract or a third party. NoO Yes. If yes, describe 9 Please state whether, in the fast five (5) years, any focal, state, or federal government agency has ever terminated a contract with the Bidder for cause. CO No O Yes. If yes, describe 10 Please state whether Bidder currently has or is seeking any other contracts with SCCPSS and state why Bidder believes it has the capacity to perform all of its contracts with SCCPSS simultaneously. ONo 0 Yes. If yes, describe [Signature on Next Page] Solicitation Form 7 Bid 24-66 Handheld Radios (Annual Contract} | Page 34 Bid Template 3/28/2022 I, , of Name of Individual Title & Authority Company Name declare under oath that the above statements in response to the Disclosure of Responsibility Statement, including any supplemental responses attached hereto, are true and correct to the best of my knowledge. Signature In , and Date City State Subscribed and sworn before me on This the day of , 20 Notary Public My commission expires Solicitation Form 7 Bid 24-66 Handheld Radios (Annual Contract) Bid Template 3/28/2022 | Page 35 BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH AND THE COUNTY OF CHATHAM SOLICITATION FORM 8 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by federal regulations impiementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, for all lower tier transactions meeting the threshold and tier requirements stated at Section 85.110. instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction," "debarred," suspended," "ineligible," "lower tier covered transaction, "participant," person, "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 C.F.R. Parts 180 and 417. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all tower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or ...