SLED Opportunity · FLORIDA · FLAGLER COUNTY SCHOOL DISTRICT
AI Summary
Flagler County School District seeks qualified suppliers to provide milk and dairy products for its public schools under a three-year contract with options to renew. The contract includes delivery, compliance with safety standards, and strict product specifications.
The School Board of Flagler County, Florida, hereafter referred to as the "District" or "FLAGLER COUNTY SCHOOLS", is seeking a qualified institution or institutions to provide Milk and Dairy Products for the School District of Flagler County, Florida.
Flagler County Schools Organization:
The district is the largest employer in Flagler County, Florida with over 1,800 full and part-time employees with an annual operating budget of $163 Million. The total full time enrollment of public schools’ students is over 15,000 students.
Flagler County Schools Vision:
As a courageous, innovative leader in education, Flagler County Public Schools will be the Nation’s premier learning organization where ALL students graduate as socially responsible citizens with the skills necessary to reach their maximum potential.
Flagler County Schools Mission:
Flagler County Public Schools ensures educational success through high expectations and innovative thinking in a safe learning environment to empower students to reach their full potential as responsible, ethical, and productive citizens in a diverse and changing world.
Bid submittals are due at the date, time, and location indicated on the Invitation to Bid Timeline in Section 2.4, or as amended in the form of an addendum issued by the Purchasing Department.
All solicitations and supporting documents will be posted on OpenGov and through the following link: https://procurement.opengov.com/portal/flaglerschools. It is the sole responsibility of Bidders to monitor the OpenGov platform for solicitation opportunities and updates.
Unless otherwise indicated, it is the sole responsibility of the Bidder to ensure that their Bid response is submitted through OpenGov no later than the time and date specified in the ITB or subsequent addenda. The Bidder is responsible for allowing adequate time to upload their submittal on OpenGov. FCSD shall not be responsible for delays caused by any occurrence. The OpenGov date and timestamp will be the official record of timeliness for all proposals submitted for this ITB. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes. Submittals sent by mail, facsimile, electronic mail, telephone, or any other means not specified herein will not be accepted. Bid submittals may not be withdrawn after the bid due date.
Bids not conforming to the instructions provided herein will be subject to disqualification at the sole discretion of FCSD.
Any Bid may be withdrawn prior to the date and time the Bids are due. Any Bid not withdrawn will constitute an irrevocable offer for a period of 90 days, to provide the School Board with goods or services specified in the Bid.
The School Board of Flagler County, Florida (hereinafter referred to as “School Board” or “FCSD”) is requesting bids on milk and other dairy products from qualified food supplier(s) (hereinafter referred to as “Bidder”) The Bidder will be responsible for meeting all specifications as outlined herein and on the Bid Pricing Proposal. Failure to comply with these requirements may be cause for Bid rejection or termination of award. Products will be purchased on an as needed basis.
The successful Bidder is responsible for supplying at its own expense, all supervision, labor, equipment, machines, tools, materials, transportation, incidentals and related items necessary to complete the work in accordance with this Bid. Work shall be performed by qualified and trained service personnel.
The School Board of Flagler County, Florida, hereafter referred to as the "District" or "FLAGLER COUNTY SCHOOLS", is seeking a qualified institution or institutions to provide Milk and Dairy Products for the School District of Flagler County, Florida.
Addenda - Written or graphic instruments issued prior to the date for opening of Bids, which modify or interpret the solicitation documents by additions, deletions, corrections, or clarifications.
Agreement - The written Agreement between Flagler County Public School District and the awarded vendor covering the scope of services to be performed; other contract documents are incorporated in or referenced in the Agreement and made a part thereof as provided therein.
"And"/"Or" - The word "and" shall also mean "or", and the word "or" shall also mean "and" whenever the contents or purpose so require.
Contract - The "Contract" shall mean the contract documents as defined and listed herein, advertisement, Invitation to Bid, Pricing Proposal, Scope of Work, Contract Agreement, Payment and Performance Bonds, General and Special Conditions, together with all Addenda and supplemental agreements concerning the project.
Laws and Regulations - Laws, Rules, Regulations, Ordinances, and/or court or administrative orders of the federal, state and school board.
Lobbying - Lobbying is defined as any action taken by an individual, respondent, association, joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the governmental decision of a board member or District personnel after advertisement and prior to the posted recommendation on the award of this contract.
Notice of Award - The written notice of the acceptance of the Bid from FLAGLER COUNTY SCHOOLS to Respondent.
Notice to Proceed - The written notice issued by FLAGLER COUNTY SCHOOLS to the awarded vendor authorizing the vendor to proceed with the work and establishing the date of commencement of the contract time.
FCSD – For the purposes of this Invitation to Bid, FCSD shall mean “FLAGLER COUNTY SCHOOLS," "Flagler County School Board," "Flagler County Public School District," “The District”, "The School Board” and “Customer”.
Bid - An executed offer submitted by a Respondent in response to an Invitation to Bid and intended to be used as a basis for negotiations for a contract.
Invitation to Bid (ITB) - The process of competitively soliciting bids for a specified Scope of Work. All terms, conditions, supporting documents, and attachments, are included in the underlying Invitation to Bid document.
Bidder - For the purposes of this Invitation to Bid, any person, respondent, corporation or agency submitting a response to this Invitation to Bid or their duly authorized representative. The word "Bidder", "bidder", or "Respondent" may be used interchangeably within the Invitation to Bid.
Responsible Bidder – Bidder who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.
Responsive Bidder – Bidder that has a submitted a Bid that conforms in all material respects to the solicitation.
Scope of Work - Includes the work, as the term is herein defined, as well as the responsibility for performing and complying with all incidental matters pertaining thereto, as set out in the Contract Documents.
Successful Bidder - The “Successful Bidder” shall mean the Bidder offering these goods and services, for which a contract has been executed, and which Bidder is legally obligated, responsible, and liable for providing and performing any and all of the goods, services, work, and materials, including services and/or work of sub-contractors, required under the covenants, terms, and provisions contained in the contract and any and all amendments thereto. Successful Bidder may be used interchangeably with "successful Bidder," "Vendor," and "Contractor." Contractor shall comply with Section 119.0701, Florida Statutes, and shall:
One (1) vendor will be recommended for award to the School Board of Flagler County based on the following:
Eligibility: The vendor must be deemed "responsive and responsible" by FCSD. Any vendor failing to meet both criteria will be disqualified.
Selection Basis: The award will be based solely on the lowest average unit cost for all milk and dairy products specified in this ITB.
Recommendation for award is determined strictly by the submitted unit cost figures. Total cost projections based on estimated annual quantity figures will not be considered in the evaluation.
Flagler County Schools Organization:
The district is the largest employer in Flagler County, Florida with over 1,800 full and part-time employees with an annual operating budget of $163 Million. The total full time enrollment of public schools’ students is over 15,000 students.
Flagler County Schools Vision:
As a courageous, innovative leader in education, Flagler County Public Schools will be the Nation’s premier learning organization where ALL students graduate as socially responsible citizens with the skills necessary to reach their maximum potential.
Flagler County Schools Mission:
Flagler County Public Schools ensures educational success through high expectations and innovative thinking in a safe learning environment to empower students to reach their full potential as responsible, ethical, and productive citizens in a diverse and changing world.
Respondents shall submit any questions and/or requests for clarifications via email to droletp@flaglerschools.com by the due date and time as indicated in the timeline located in Section 2.4.
FCSD presently operates five (5) elementary schools, two (2) middle schools, two (2) high schools, one (1) technical college, one (1) alternative school, and one (1) virtual school. Charter and/or private schools are not included as part of this Bid. FCSD is the largest employer in Flagler County, Florida with over 2,000 full and part time employees. The total full-time enrollment is over 13,000 students.
Additional Schools may be added or deleted from this Bid at the sole discretion of FCSD and at no change in cost.
Attachment A includes a list of all current schools to be included as part of this Bid.
All official notices regarding this ITB will be posted on the Flagler Schools OpenGov Portal: procurement.opengov.com/portal/flaglerschools.
Notices include, but are not limited to:
Notice of Public Meetings
Notice of Intended Decision
Notice of Award
It is the sole responsibility of the vendor to monitor this portal for updates, addenda, and formal notices.
Provide accurate and timely communication to FCSD regarding a food recall
Ensure removal of unsafe products from school sites in an expedient, effective, and efficient manner
Successful Bidder shall rotate stock at each delivery, ensuring First-In, First-Out practices are followed. Successful Bidder is responsible for removing any out-of-date, damaged, leaking, or otherwise unsellable product at the time of delivery
Leaking, empty or partially empty cartons containing sour or contaminated product will be replaced by successful Bidder without charge to FCSD on the day of notification. If product has been rejected, the quality conditions that caused the rejection must be corrected. Any items suspected of not meeting specifications may be pulled and sent to USDA laboratory for analysis. If test analysis reveals the product fails to comply in all respects to the required specifications, successful Bidder shall incur the cost of the testing. Furthermore, samples will be analyzed monthly thereafter with all costs of testing to be accepted by successful Bidder.
Milk shall be fresh, Grade A, pasteurized, homogenized, and Vitamin enriched. Milk shall be free from added water, preservatives, neutralizers or other foreign matters. All milk shall meet pasteurization, percent of non-fat milk solids, percent of milk fat and bacteria count specifications consistent with Federal and/or Florida Laws, State Board of Health, requirements of Flagler County Health Department and accepted standards of the milk industry. All items furnished through this bid shall be identified as having been officially inspected for wholesomeness and sanitation under a Federal/State regulation program. Bidder shall provide ingredients and nutritional information on all products.
Milk, Fat Free, Chocolate, One-Half Pint: No non-nutritive sweeteners (including those listed as "flavor") can be used in the product. No high fructose corn syrup can be used in the product. Milk shall be fresh, flavored, Grade A, pasteurized, homogenized, fortified with vitamins A and D. Not to exceed 22 grams of sugar and not to exceed 130 calories. Fluid milk shall be delivered at a temperature between 33°F-40°F.
Milk, Fat Free, Strawberry, One-Half Pint: No non-nutritive sweeteners (including those listed as "flavor") can be used in the product. No high fructose corn syrup can be used in the product. Milk shall be fresh, flavored, Grade A, pasteurized, homogenized, fortified with vitamins A and D. Not to exceed 22 grams of sugar and not to exceed 130 calories. Fluid milk shall be delivered at a temperature between 33°F-40°F.
Milk, Fat Free, White, One-Half Pint: Milk shall be fresh, unflavored, Grade A, pasteurized, homogenized, fortified with vitamins A & D. Fluid milk shall be delivered at a temperature between 33°F-40°F.
Milk, 1% Low Fat, White, One-Half Pint: Milk shall be fresh, unflavored, Grade A pasteurized, homogenized, fortified with vitamins A & D. Fluid milk shall be delivered at a temperature between 33°F- 40°F.
Milk, 2% Low Fat, White, One Gallon: Milk shall be fresh, unflavored, Grade A, pasteurized, homogenized, fortified with vitamins A & D. Fluid milk shall be delivered at a temperature between 33°F- 40°F.
Milk, 1% Low Fat, White, One Gallon: Milk shall be fresh, unflavored, Grade A, pasteurized, homogenized, fortified with vitamins A & D. Fluid milk shall be delivered at a temperature between 33°F- 40°F.
Lactose Free, 1% Low Fat, White, One-Half Pint: Fluid milk substitutes must be fortified to meet FDA guidelines and provide specific nutrients per 8 fl. oz cup: 8 g. protein, 276 mg. calcium, 150 mcg. RAE Vitamin A, 2.5 mcg. Vitamin D, 24 mg. magnesium, 222 mg. phosphorus, 349 mg. potassium, .44 mg. riboflavin, and 1.1 mcg. Vitamin B-12. Fluid milk shall be delivered at a temperature between 33°F – 40°F.
Lactose Free, 1% Low Fat, Chocolate, One-Half Pint: No non-nutritive sweeteners (including those listed as "flavor") can be used in the product. No high fructose corn syrup can be used in the product. Fluid milk substitutes must be fortified to meet FDA guidelines and provide specific nutrients per 8 fl. oz cup: 8 g. protein, 276 mg. calcium, 150 mcg. RAE Vitamin A, 2.5 mcg. Vitamin D, 24 mg. magnesium, 222 mg. phosphorus, 349 mg. potassium, .44 mg. riboflavin, and 1.1 mcg. Vitamin B-12. Fluid milk shall be delivered at a temperature between 33°F – 40°F.
Successful bidder shall deliver only those items awarded through this bid, or additional items authorized in writing by FCSD. In the event of an emergency where awarded brands and/or items cannot be sourced/delivered the awarded Contractor shall contact the Director of Food and Nutrition Services immediately for approval to ship substitution items due to a change in product code number, brand, pack change, etc. Unauthorized substitutions and deliveries shall be grounds for rejection of order.
If during the contract period new products are needed and not listed in this bid, FCSD may evaluate new products offered by the successful Bidder. FCSD may evaluate and add approved items to this contract if deemed that it would be in the best interest of FCSD. Additional items and pricing must be approved by the Director of Food and Nutrition Services and the Purchasing Coordinator before the items may be added to the contract. The pricing of these items shall be negotiated between FCSD and the successful Bidder.
All milk containers shall be leak-proof, disposable and tamper evident. This milk container shall be used for the contract period and will be deemed acceptable at the sole discretion of FCSD. Milk containers shall be delivered in a clean condition in clean carrying cases. Cardboard cartons and hard plastic upright containers are acceptable. Pouches and/or bags are NOT acceptable.8 oz: Milk shall be packed in either 8 oz gable top, or 8 oz hard plastic upright container
All deliveries shall be Inside Delivery F.O.B. Destination, prepaid and allowed to various locations throughout FCSD. The prices submitted must include all delivery and/or shipping charges to the delivery point: Any school or location in Flagler County. The term "delivery point" includes performance of the awarded Contractor of placing the item(s) delivered in the building and setting them in place at the point designated by an authorized representative of FCSD. No personnel or equipment will be provided by FCSD to handle or unload items being received by a school.
All deliveries shall be made in refrigerated trucks belonging to the awarded Contractor and delivery shall not be subcontracted out to other companies.
Deliveries must be received and signed for by an authorized representative of FCSD. The required invoices indicating the number of each item delivered shall be signed.
Successful Bidder shall stack products neatly in refrigerated boxes on a rotating basis, with the most current product at the bottom and the older product at the top to be used first. It shall be the responsibility of the successful Bidder to remove all empty cases in which the product has been delivered.
Milk must be cold (between 33°F- 40°F) and fresh at the time of delivery, with a code date of a minimum ten (10) days useful life remaining upon day of delivery.
Deliveries shall be made between 7:00 am and 3:00 pm. Under no circumstances shall product be left outside of school or delivered prior to the arrival of the manager or an authorized representative. When a school holiday falls on a scheduled delivery day, deliveries shall be made on the next school day, or the prior school day.
Successful Bidder shall submit a proposed delivery schedule at least one (1) week prior to the start date of this bid, subject to review and approval of FCSD. Any changes in delivery schedule shall require written approval of FCSD Director of Food and Nutrition Services or authorized representative. No separately negotiated schedules may be made between the successful Bidder and schools. See Exhibit A for current delivery schedule. The number of deliveries per week required may be increased or decreased at the sole discretion of FCSD, with no change in cost. The number of locations may be increased or decreased at the sole discretion of FCSD, with no change in cost.
Successful Bidder shall provide separate monthly and year-to-date utilization reports by items of units and dollars for the current year and previous years as requested. FCSD may require reports for each individual school as well as for the school district as a whole.
Estimated quantities have been listed on the Bid Sheet for evaluation purposes only. At the sole discretion of FCSD, quantities may be increased or decreased throughout the term of any Agreement resulting from this bid. FCSD makes no guarantee of any quantities to be purchased.
Contact Information:
Peter Drolet
Coordinator of Purchasing
droletp@flaglerschools.com
(386) 437-7526 Ext: 1131
1769 E Moody Blvd Bldg 2
Bunnell, FL 32110
| Release Project Date: | May 18, 2026 |
| Legal Advertisement: | May 18, 2026 |
| Question Submission Deadline: | May 25, 2026, 2:00pm |
| Submission Due Date: | June 3, 2026, 2:00pm |
| Bid Opening Meeting: | June 3, 2026, 2:30pm |
| Contract Start Date: | July 1, 2026 |
A contract or agreement will be released, after award, for any work to be performed as a result of this ITB. This ITB, the awarded Bid, the negotiated terms, and the contract will constitute the complete agreement between Successful Bidder and FCSD.
Flagler County School District is soliciting proposals to provide a three (3) year agreement for Milk and Dairy Products on a district-wide basis, which may by mutual agreement between FCSD and the awarded Contractor, be renewable for up to two (2) one (1) year periods. All work performed under this ITB will be on an as-needed basis. The School Board makes no guarantee of a specific volume of work to be performed under this ITB and the resulting agreement.
The resulting agreement established by this ITB will be renewable for up to two (2) one (1) year periods, after the initial contract term. These renewals will be at the same pricing, terms, and conditions as the initial term of the contract, unless specified in the renewal document. Pricing for any renewal terms may be amended, in accordance with the Price Escalation Clause outlined in Section 5.7 of the ITB Document. These agreements must be mutually agreed upon by both FCSD and the awarded Contractor, prior to the expiration of the current contract term.
Any quantities identified in this Bid are estimates only and in no way obligate FCSD to purchase these amounts. The School Board reserves the right to re-negotiate prices if, at any time during the term of the agreement, the District purchases more than the estimated quantities in this Bid. The award of this ITB will be based on an indefinite quantity.
1. Successful Bidder shall comply with Title the Civil Rights Act of 1964, as amended; USDA regulations implementing Title IX of the Education Amendments; Section and 15b; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement—Nutrition Programs and Activities, and any additions or amendments.
2. Successful Bidders shall comply with Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Labor regulations (41 CFR Part 60).
3. State Sales and Use Tax Certificate of Exemption form will be issued upon request.
4. Successful Bidder agrees to retain all books, records, and other documents relative to this agreement for five (5) years after final payment. FCSD, its authorized agents and/or state/federal representatives shall have full access to, and the right to, examine any of said materials during said period. If an investigation or audit is in progress, records shall be maintained until stated matter is closed.
5. Successful Bidder shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act, (42 U.S.C. 1857 h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15), which prohibit the use under nonexempt federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities.
6. By responding to this Bid, the Bidder certifies that this submittal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a Bid for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. The Bidder understands that collusive bidding is a violation of federal law and can result in fines, prison sentences and civil damage awards.
7. Successful Bidder shall comply with all requirements of the Buy American Provisions. To the maximum extent practicable, Contractor shall provide domestic commodities and products as defined by 7 C.F.R. § 210.21(d)(1). Non-domestic food products may only be supplied to the extent permitted under 7 C.F.R. § 210.21(d)(5). Contractor shall maintain all documentation required to support any allowable exception and shall provide such documentation to the District upon request. Any substitution of a non-domestic product must receive prior written approval from the District before delivery.
8. In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.
9. 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 successful Bidder must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
10. Contracts and sub grants 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).
11. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).
12. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its successful Bidders must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the 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.
13. By responding to this Bid, the Bidder certifies that no employee of FCSD has or shall benefit financially or materially from such proposal or subsequent contract. Any award issued as a result of this Invitation to Bid may be terminated at such time as it is determined that gratuities of any kind were either offered or received by any of the aforementioned persons.
14. FCSD and the successful Bidder agree to take affirmative steps to ensure that small businesses, minority-owned businesses, and women’s business enterprises are used whenever possible.
Affirmative steps shall include the following:
Ordering Procedures: The successful Bidder is responsible for receiving, reviewing, and filling site orders, coordinating the ordering and delivery to each individual school site. The successful Bidder is responsible is responsible for tracking orders to ensure that all school sites have placed and received orders.
Invoicing Procedures: Invoices shall be made which provide the invoice date, invoice number, cost per unit, and full extension to total invoice amount. One copy of the invoice shall accompany the order delivered to the school, and one copy shall be submitted to the designated FCSD Accounts Payable Contact.
A monthly statement for each month shall be emailed to a designated representative and shall list the date of delivery, the name of the school, and total amount billed for each school. Monthly statements must be emailed and received by FCSD Food Service department no later than the 7th day of each month and must include all transactions through the last day of the month calendar.
Credits for all contaminated, leaking, empty, or partially empty products must be clearly indicated on the invoice at the time of replacement.
This ITB does not establish an exclusive arrangement between the School Board and the Respondent. The School Board reserves the right to utilize any other contract, including but not limited to any contract awarded by the State of Florida, another city or county government agency, school board, community college/state university system, cooperative bid agreement, or to directly negotiate/purchase per School Board policy and/or State Board Rule 6A-1.012. The District also reserves the right to bid separately any item(s) and/or service(s) covered under this contract at any time during this contract term.
Prices offered shall remain firm through the initial period of this Bid. Prior to any subsequent renewal term, FCSD will consider price escalations proposed by successful Bidder(s). The Bidder is solely responsible for requesting the increase in writing to the Purchasing Department no less than sixty (60) days prior to the anniversary date of the contract. FCSD will consider an increase due to inflation provided the proposed price increase is supported by relevant inflation data. The source of inflation data shall not exceed the lesser of 3% or the rate of inflation as determined by the The Consumer Price Index for All Urban Consumers (CPI-U) in the South region, published by the U.S. Bureau of Labor Statistics. If there is a decline in the CPI for any given year, compensation will not be reduced lower than the initial contract year rate.
Bidders must complete and submit the Pricing Proposal, found in Section 6 of this ITB, provided on the OpenGov Platform. Failure to submit the completed Pricing Proposal, may render your submittal non-responsive. Please see Section 6 of this ITB for additional information regarding the Pricing Proposal.
The successful Bidder shall submit, no later than the 25th of the month, written notification of the upcoming month’s pricing. The pricing shall be effective with the first invoice of the following month, providing proper notification has been given. If the successful Bidder fails to properly notify FCSD of any price decrease which would result in a decrease in the contract price of the milk, FCSD my will make the appropriate reduction in price effective the date such reduction should have been made had the successful Bidder given proper notice or take such other action as is appropriate to give FCSD the advantage of said reduction.
Any changes in prices must be accompanied by the appropriate supporting documentation from the Federal Milk Marketing Order No. 6 and the conversion calculations used to determine the price changes and how the results were computed.
The contract or agreement that results from this ITB is personal to the parties herein and may not be assigned, in whole or in part, by Respondent without prior written consent of FCSD. Respondent herein shall not assign payments under this contract or agreement without the prior written consent of FCSD.
Standard operating hours shall apply for services between 7:00 am to 3:00 pm, Monday through Friday. Non-Standard operating hours shall apply for services from 3:01 pm to 6:59 am, Monday through Friday. The Non-Standard hourly rate shall also apply to weekends and holidays recognized by the School Board. Any work under Non-Standard hours would require prior approval from an authorized School Board representative
An emergency situation is defined as total equipment failure or a situation determined by the FCSD representative to provide an urgent danger or significant operational loss to the District. In the event of an emergency situation the successful Bidder shall respond within one (1) hour via phone call or email to the FCSD representative and shall have a technician on site within two (2) business hours after receiving notification to meet the FCSD representative to review the emergency procedures, review a new scope of work, provide an estimate, and proceed with work without delay or hindrance.
Before purchasing nonacademic commodities and contractual services, the School Board reviews the purchasing agreements and State term contracts available under s. 287.056 to determine whether it is in the School Board’s economic advantage to use the agreements and contracts. As such, all purchasing agreements and state term contracts available under s. 287.056 have been reviewed. In addition, the School Board may use the cooperative state purchasing programs managed through the regional consortium service organizations pursuant to their authority under s. 1001.451(3).
All Respondents awarded contracts from this ITB may, upon mutual agreement, permit any school board, city, municipality or other government agency to participate in the contract under the same prices, terms and conditions, if agreed to by both parties. Said product(s)/service(s) are to be furnished in accordance with the Contract resulting from this solicitation.
Routine calls shall be handled during the standard operating hours indicated in this ITB. The successful Bidder is required to provide an on-site response to service requests within twenty-four (24) hours of the request and shall respond to the Facilities representative inquiries within twenty-four (24) hours of the initial contact.
Flagler County School Board reserves the right to withdraw this ITB, or any portion thereof, for any reason prior to the execution of an Agreement.
Any bid prices offered as a result of this ITB shall include all costs associated with labor, supervision, equipment, travel, licenses, permits, charges, and incidentals. This price should reflect the total cost to provide the commodities and/or services included in this ITB.
If the successful Bidder is required to provide materials for the service(s), FCSD shall be billed the actual price the successful Bidder paid for the materials, plus the percentage markup awarded. The material markup shall be a maximum of 10%. The School Board reserves the right to furnish materials to the Bidder(s) or purchase materials through Owner Direct Purchase. FCSD requires the successful Bidder to provide an itemized list of all materials used in the performance of this Bid and reserves the right to audit and dispute the successful Bidder’s invoices from the manufacturer for materials used in the performance of this Bid.
FCSD may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of FCSD to do so. FCSD shall provide the Respondent written notice outlining the particulars of the suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the respondent shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Respondents, FCSD shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor any additional compensation.
In the event any commodities provided by the successful Bidder are eligible for a discounted price, the applicable discounts should be itemized on any quotes and invoices provided to FCSD. Any discounts should be calculated as a percentage discount of off the Manufacturer's Suggested Retail Price (MSRP). FCSD reserves the right to request reports to verify that the contracted discounts are applied.
FCSD reserves the right to terminate any contract resulting from this ITB, at any time, and for any reason, upon giving 30 days’ prior written notice to the other party. FCSD, by written notice to Respondent, may terminate the Contract in whole or in part when FCSD determines in its sole discretion that it is in its best interest to do so. Respondents shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. Respondent shall not be entitled to recover any cancellation charges or lost profits.
The awarded vendor will have the option to terminate the contract upon written notice to the Purchasing Department. Such notice must be received at least 90 days prior to the effective date of termination. Cancellation of contract by the awarded vendor may result in removal from Respondents/Respondent list for a period of three years.
Flagler County Schools may terminate the Contract for cause if the Contractor fails to deliver products or services within the time specified, fails to make adequate progress, violates any term of the Contract, or fails to comply with any applicable statutory, regulatory, or licensing requirement. The District’s rights and remedies under this section are in addition to any other rights and remedies provided by law or under the Contract. Respondent shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, Respondent shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of Respondent. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Respondent and the subcontractor, and without the fault or negligence of either, Respondent shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for Respondent to meet the required delivery schedule. If, after termination, it is determined that Respondent was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of FLAGLER COUNTY SCHOOLS.
In the event any subcontractors are necessary to perform any portion of the work specified in this ITB, the successful Bidder must get prior written approval from FCSD before any subcontractors may be used to complete any contractual requirement. Any quotes provided on work that utilized subcontractors must itemize the cost of the subcontractor on any pricing documentation, such as the quote and invoice. The successful Bidder must provide a copy of the itemized invoice from the subcontractor, along with any invoice provided by the successful Bidder.
In the event any of the provisions of this solicitation are violated by Respondent(s), Purchasing Services will give written notice to Respondent(s) stating the deficiencies and unless the deficiencies are corrected within ten (10) days, recommendation may be made to FLAGLER COUNTY SCHOOLS for immediate cancellation. Upon cancellation hereunder, FLAGLER COUNTY SCHOOLS may pursue any and all legal remedies as provided herein and by law.
FCSD will, with prior written authorization, reimburse the successful Bidder for equipment rental costs. The successful Bidder must get approval from the designated FCSD representative, to be eligible for reimbursement for rental equipment. The successful Bidder shall itemize the cost of the rental equipment in their quote and invoice. The successful Bidder may add as overhead and profit up to ten (10) percent to the actual cost of the equipment rental in their quote. The successful Bidder shall provide a copy of the equipment rental’s itemized invoice with their invoice. The School Board shall not pay additional fees for owned equipment or “tools of trade".
Unless otherwise mentioned in the ITB, requests for substitution are allowed for commodities. If the Bid allows equivalent products, each Bidder shall indicate with the Bid submission the manufacturer’s name and model number and complete specifications. FCSD reserves the right to determine the acceptance of item(s) as an approved alternative.
Any manufacturer’s names, trade names, brand names, information, and/or catalog numbers listed in a specification are for information and are not intended to limit competition.
If the manufacturer’s model number for the items specified herein is incorrect, has changed, or is no longer available and has been replaced with a new updated model and specifications, the Bidder shall notify the Purchasing department in writing.
All Respondents must disclose the name of any officer, director, or agent who is also an employee of FCSD. All Respondents must disclose the name of any School Board employee who owns, directly or indirectly, any interest in the Respondents' business or any of its branches.
FCSD, in its sole discretion, retains the right to reject, bar, or require the replacement of any employee, subcontractor, or agent of the successful Bidder to maintain an independent contractor relationship. Any such rejection shall not relieve the Bidder of any obligations to perform the work specified in this ITB, or a subsequent agreement.
In the event that the awarded Respondent(s) should breach this contract, FCSD reserves the right to seek remedies in law and/or in equity.
In the event, that a product awarded is discontinued by the manufacturer during the term of the Bid and is not available from either the successful Bidder’s or manufacturer’s inventory, then the successful Bidder must provide written notification from the manufacturer that the item has been discontinued. The successful Bidder must submit a written request to the Purchasing department and be approved to substitute, in writing, before any substitution may be made. Requests to substitute shall be accompanied by complete specifications for the proposed substitute item and a sample if requested.
Respondent shall provide a statement concerning its status as a Drug-Free Work Place. Submittals received which are equal with respect to price, quality, and service and that have provided proper certification that a business has implemented a drug-free workplace program, shall be given preference in the award process.
FCSD reserves the right to request any manufacturer's certifications at any time throughout the term of the ITB and the resulting agreement.
Bids which contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by Respondent may be rejected. If in the opinion of the District such information was intended to mislead the District in its evaluation of the Bid, and the attribute, condition, or capability is a requirement of the ITB, it will be the basis for rejection of the bid.
FCSD may request that a Safety Data Sheet (SDS) which specifies all hazardous materials at chemicals be provided to FCSD at the time of Bid submission. Failure to submit an SDS, when required, may be grounds for disqualification, at the sole discretion of FCSD.
FS 1011.14, Florida Statutes, et seq., prohibit school boards from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year-to-year extension provisions in the agreements. It is necessary that fiscal funding out provisions be included in all Bids in which the terms are for periods longer than one (1) year.
Therefore, the following “Funding Out” provision is an integral part of this solicitation and must be agreed to by all Respondents:
The District may, during the contract period, terminate or discontinue the services covered in this Bid at the end of the District's then current fiscal year upon ninety (90) days’ prior written notice to the successful Respondent.
Such prior written notice will state the following: “The lack of appropriated funds is the reason for termination. This includes an agreement not to replace the services being terminated with services similar to those covered in this Bid from another vendor in the succeeding funding period. This written notification will thereafter release the School Board of all further obligations in anyway related to the services covered herein."
The Funding Out statement must be included as part of any agreement. No agreement will be considered that does not include this provision for "funding out."
The warranty on any materials provided shall be a minimum of one (1) year from the date of delivery. The successful Bidder will be required to repair or replace any and all defects in products or services provided to FCSD, at the successful Bidder's expense. Any additional work provided due to incomplete, insufficient, or failed work under a current warranty shall be provided to FCSD at no cost to the District. The effective date for all warranties shall begin on the date of installation and acceptance by FCSD.
When installation of any commodity or service specified in this ITB is required, the successful Bidder shall deliver, install, and prepare to test any product delivered. If requested, the successful Bidder should provide a qualified person, at no extra cost to FCSD, to test and assure proper performance of the item. Upon successful testing, FCSD will accept delivery and installation of the item. FCSD reserves the right to reject any item due to damages caused during the installation process. The successful Bidder shall be liable for repairing any damages caused during the installation process, and any costs associated with the repairs. If replacement of any item for damages caused during installation is deemed necessary, the successful Bidder is responsible for all costs associated with the replacement. The successful Bidder shall work to cause the least inconvenience and interference with FCSD staff and facilities, during the installation process.
Successful Respondents shall, in addition to any other obligation, indemnify the Flagler County Schools and to the fullest extent permitted by law, protect, defend, indemnify, and hold harmless the school District, its agents, officers, elected officials, and employees from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any actual or alleged; bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there from, or any other damage or loss arising out of, or claimed to have resulted in whole or in part from any actual or alleged act or omission of Respondent, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; or violation of law, statute, ordinance, governmental administration order, rule or regulation by Respondent in the performance of the work; or liens, claims or actions made by Respondent or any subcontractor or other party performing the work.
The indemnification obligations hereunder shall not be limited to any limitation on the amount, type of damages, compensation, or benefits payable by or for Respondent of any subcontractor under workers' compensation acts, disability benefit acts, other employee benefit acts, or any statutory bar.
Any costs or expenses, including attorney's fees, incurred by the Flagler County Schools to enforce this agreement shall be borne by Respondent and venue shall be in Flagler County, Florida.
In the event any work is rejected by FCSD, the successful Bidder shall promptly correct all rejected work as a result of unsatisfactory performance or lack of conformance to the contract documents. All costs associated with correcting any rejected work shall be borne by the successful Bidder.
It shall be the responsibility of Respondent to be knowledgeable of all federal, state, county and local laws, ordinances, rules and regulations that in any manner affect the items covered herein which may apply. Lack of knowledge by Respondent(s) will in no way be a cause for relief from responsibility. The Bidder must certify that they will remain in compliance with all of the applicable laws, ordinances, rules, regulations, and all other legal requirements throughout the term of the agreement resulting from this ITB. All costs for such compliance shall be the sole responsibility of the respondent throughout the ITB process and the term of any subsequent Agreement. Any fines levied as a result of inadequacies or failure to comply with all legal requirements shall be the sole responsibility of the Bidder.
Respondent shall be solely responsible for any and all licenses and permits which may be required by any authority applicable to the provision of services outlined in this ITB and any subsequent Agreement, and all costs for such licenses and permits shall be the sole responsibility of the respondent throughout the ITB process and the term of any subsequent Agreement.
The successful Bidder should, at all times, exercise reasonable precautions to protect persons and property. The successful Bidder shall conform to any safety requirements deemed necessary by the Occupational Safety and Health Administration (OSHA) requirements and by the FCSD representative to ensure the health and safety of all students, staff, and community members. The successful Bidder shall guard from damage or loss to any FCSD property, and will be responsible for the costs associated with repair or replacement as a result of any damages caused by the successful Bidder. FCSD reserves the right to withhold payment or make deductions, as it deems necessary to ensure reimbursement for loss or damage to FCSD property as a result of negligence on the part of the successful Bidder or its agents.
The successful Bidder shall be responsible for the prompt removal of all debris from the worksite, which is a result of its activities. The successful Bidder shall not use the trash receptacles located on FCSD property. Any debris left at the worksite must be removed within 24 hours’ notice from FCSD. The successful Bidder assumes all liability for accidents that may occur due to any debris, equipment, tools, and worksite hazards.
Respondents doing business with FLAGLER COUNTY SCHOOLS are prohibited from discriminating against any employee, applicant, or client because of race, creed, color, national origin, sex, age, or any other reason prohibited by law with regard to, but not limited to, the following: employment practices, rates of pay or other compensation methods, and training selection. The Bidder must certify that it is in compliance with the requirements of the law regarding equal opportunity for all persons.
This ITB is bound by the terms, conditions and requirements of Flagler County School Board Procurement and Purchasing Code, a copy of which may be requested. Any agreement resulting from this ITB will be brought to the Flagler County School Board, for final approval and execution of the contract.
If the services provided under this ITB should require that site access, in the form provided keys or security access badges, if these items are lost, the successful Bidder will be responsible for the entire cost of replacement keys and the cost to rekey the site. For security purposes, the successful Bidder shall report the lost or stolen key to the Purchasing Department immediately, so that FCSD may take steps to secure the location.
A Purchase Order issued by the Purchasing department or from School Internal Accounts is the only legal authorization for vendors to perform services or provide commodities to FCSD. A commitment, either written or verbal, from FCSD employees without a Purchase Order issued by the Purchasing Department or from School Internal Accounts does not constitute an obligation by FCSD to a vendor. Vendors that perform services or provide commodities without a Purchase Order issued by the Purchasing Department or from School Internal Accounts do so at their own risk and at risk of non-payment. Additional information regarding doing business with FCSD can be found at www.flaglerschools.com.
School board members, and school board personnel (except the Purchasing Services representative) are not to be contacted prior to the School Board’s decision to approve or reject the final recommendation presented to it by the Superintendent. At the discretion of FLAGLER COUNTY SCHOOLS, failure to comply with this requirement will be grounds for disqualification.
Specifically, this No-Contact Period shall commence on the initial date of the advertisement for he Invitation to Bid and continue through and include the date the Flagler County School Board finalizes its agreement with the winning bidder.
Failure to meet any of these requirements may disqualify a Respondent from consideration.
Respondent, without exception, shall indemnify and save harmless the School Board of Flagler County, Florida, Flagler County Schools, and its employees from liability of any nature or kind including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by FLAGLER COUNTY SCHOOLS. If Respondent uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood, without exception, that the proposed prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.
In addition, FLAGLER COUNTY SCHOOLS shall maintain all rights to the written documentation, electronic media, and other materials provided by Respondent in response to this Bid.
Unless otherwise specified on the applicable Purchase Order, the successful Bidder shall submit their invoice(s) to: Flagler County School District, Attn: Accounts Payable, 1769 E. Moody Blvd., Bldg. #2, Bunnell, FL 32110. The successful Bidder shall submit their invoice to FCSD no later than thirty (30) calendar days after the acceptance of goods or completion of work.
Payment terms are Net 45 Days from receipt of invoice. Itemized invoices must be provided, each shall contain the following:
FCSB reserves the right to negotiate additional payment terms prior to both parties signing the resulting agreement.
FCSD requires that the successful Bidder accepts payment via an FCSD issued check or an Automated Clearing House (ACH) payment. The preferred payment method will be selected upon vendor setup, but may be updated at a later time.
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two for a period of 36 months from the date of being placed on the convicted vendor list.
Respondent certifies, by submission of this ITB, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
Contractor shall comply with Section 119.0701, Florida Statutes, and shall:
As a public entity, FCSD is subject to any and all public records regulations in effect in the State of Florida. As such, any and all correspondence and documentation associated with this ITB and any subsequent Agreement should be assumed to be subject to public records disclosure.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 386.437.7526, EXT. 1131; DROLETP@FLAGLERSCHOOLS.COM, OR FLAGLER COUNTY PUBLIC SCHOOLS, RECORDS MANAGEMENT, 1769 E. MOODY BLVD., BLDG. 2, BUNNELL, FL, 32110.
Prior to the signing of the contract by the Flagler County School Board, the Respondent and Subcontracts, at its sole expense, must obtain and maintain during the term(s) of the contract, and applicable to firm, its employees, agents, and subcontractors, the following insurance:
FCSD reserves the right to audit all documentation and records maintained by the successful Bidder pertaining to the services specified in this ITB. Upon request, the Vendor shall provide FCSD’s designated representative access to these records during normal business hours. This includes, but is not limited to: correspondence, purchase orders, payment records, inspection reports, receiving records, and any sub-contracts related to the performance of any agreement resulting from this ITB.
All contracts involving Federal funds will contain certain provisions required by applicable sections of Title 34, Section 80.36(I) and Section 85.510 Code of Federal Regulations. The consultant certifies by signing the Bid that the consultant and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in Federally-funded transactions and may, in certain instances, be required to provide a separate written certification to this effect. During the term of any contract with the District, in the event of debarment, suspension, proposed debarment, declared ineligible or voluntarily excluded from participation in Federally-funded transactions, the Consultant shall immediately notify Purchasing Services, in writing. Respondent will also be required to provide access to records which are directly pertinent to the contract and retain all required records for seven years after final payments are made.
In accordance with Florida Statute 448.095(2), Respondent will provide evidence (i.e.: their e-Verify number) of compliance with use of the e-Verify system to verify the work authorization status of all newly hired employees.
Bidders who are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the state of Florida must furnish their Florida document number and a screenshot of their “active” status. All registered Bidders must have an active status to be eligible to do business with the School Board. Bidders doing business under a fictitious name, on the Invitation to Bid Contractor Acknowledgement Form, must submit their offer using the company’s complete registered legal name; for example, ABC, Inc. dba XYZ company. If the Bidder is not located in Florida, the Bidder must provide their state’s document number and a screenshot of their current date identified “active” status with their submittal.
As a public entity, FCSD is exempt from payment of State of Florida Sales and Use Tax. Upon award of any Agreement, FCSD shall furnish appropriate documentation confirming such exemption.
Each submitted Bid must include the signature of an officer or employee having the authority to bind the Bidder in the space(s) provided. Only the terms and conditions of this ITB, as released by the School Board or amended via addendum, are valid. The ITB General Terms & Conditions, Special Terms & Conditions and specifications cannot be changed or altered in any way by the Bidder. Failure to comply with the ITB terms, conditions, or specifications shall be grounds for rejection of the Bid. Any attempt to alter any ITB terms, conditions, or specifications by the Bidder shall be grounds for rejection of the Bid.
All requests for an interpretation or clarification of this ITB and any subsequent addenda, or correction of any apparent ambiguity, inconsistency, or error will be addressed in writing by the FCSD Purchasing Department Representative. Any clarification or interpretation issued in writing via Addenda to the ITB shall take precedence over any other form of interpretation or clarification. Interpretation of the ITB documents, clarification of ITB specifications, and changes to the ITB shall be communicated by written addenda. Only the written interpretation, clarification, or correction given by the Purchasing Department Representative shall be binding. Bidders are advised that no sources other than those outlined in the ITB are authorized to interpret, explain, clarify, or give information regarding the ITB documents.
The Purchasing Department reserves the right to issue Special Terms & Conditions which are specific to any particular ITB. In the event of a conflict between the Special Terms & Conditions and the General Terms & Conditions for any issued ITB, the Special Terms & Conditions shall supercede and take precedence over the General Terms & Conditions.
The pricing quoted for this ITB must be compliant with the following terms:
Bidders are expected to read and familiarize themselves with all specifications, delivery schedules, terms, and conditions of this ITB. Failure to include any costs associated with this ITB in the Pricing Proposal will be at the risk of the Bidder.
FCSD reserves the right to invite Bids for a particular product or specific equipment by manufacturer, make, model, or other identifying information. Substitute products of equal quality and functionality may be proposed, unless the Conditions or specifications state that substitute products or equipment may not be proposed and will not be considered. If a substitute product is proposed, it is the Bidder’s responsibility to submit with the Bid any appropriate documentation, such as brochures, samples, and/or detailed specifications on the substitute product. The School Board shall be the sole judge in the exercise of its discretion for determining whether the substitute product is equal and acceptable.
The specifications in this ITB shall dictate quality requirements. The proposed goods/services must meet or exceed the specifications outlined in the ITB. All items shall be new, and the manufacturer’s standard warranty shall apply. During the warranty period, the successful Bidder must repair and/or replace the unit without cost to FCSD. All replacements shall carry the same warranty as the original equipment. Upon receiving notice from FCSD, the successful Bidder shall make any such repairs and/or replacements immediately.
Product samples may be requested and required by FCSD, as part of the evaluation of this ITB. These product samples must be provided to FCSD free of charge. If applicable, non-consumable product samples may be returned at Bidder's expense, upon request. FCSB reserves the right to destroy or dispose of product samples in any way deemed necessary. All samples will be disposed of after thirty (30) days. Failure to deliver required samples in the manner requested by this ITB could result in disqualification of the particular Bid.
Proposed items may be tested for compliance with all applicable ITB specifications, terms, and conditions.
Items delivered as a result of this ITB and resulting agreement must conform to all specifications, terms, and conditions included in this ITB. FCSD reserves the right to reject any delivered items that do not confirm to all applicable specifications, terms, and conditions. This includes, but is not limited to, quality specifications, delivery specifications and item condition. If rejected, the items will be held for disposal at the Bidder’s risk. If the materials or services supplied to the School Board are found to be defective or do not conform to specifications, FCSD reserves the right to cancel the order upon written notice to the Bidder and return product at Bidder’s expense.
Goods or services not delivered as per a specified delivery date in ITB may be purchased on the open market. Bidder shall be responsible for any additional cost.
FCSD reserves the right to inspect or test any of the goods or services covered under this ITB, upon arrival to FCSD facilities. Inspection and acceptance of items received will take place at the destination shown on purchase order, unless otherwise specified in Section 5. The risk of loss or damage to requested items shall be the responsibility of the successful Bidder, until the items are accepted by the School Board. This inspection, or a waiver of the inspection, does not relieve the Bidder from any the fully responsibility of providing goods or services in accordance with the specifications, terms, and conditions of this ITB.
Unless actual date of delivery is specified (or if specified delivery cannot be met), the Bid must show the number of days required to make delivery after receipt of purchase order in space provided. Delivery time could become a basis for recommending an award (see Special Conditions).
Any dispute concerning the Conditions or specifications of this ITB or the contract resulting from this ITB must be brought to the attention of the FCSD Purchasing Department. The final decision for any dispute concerning the conditions or specifications of this ITB shall be made by the Purchasing Department.
Bids shall be reviewed in accordance with the ITB specifications, terms, conditions, and the best interest of Flagler Schools.
In the best interest of the District, and in compliance with Federal and State Law, FCSD reserves the following rights:
After receipt of the item or service provided under this ITB, an itemized invoice must be provided to Flagler County School District. This invoice must include the following: purchase order number, payment due date, pricing and quantity for each item ordered, shipping address, and the specified bill to information. Any invoice should be itemized to a specific purchase order, and any invoices referencing multiple purchase orders will not be accepted. These invoices must be provided to FCSD in a timely manner, and the District is not liable for any delays in payment caused by rejected or returned items, improper invoicing, or delays in providing the invoice to FCSD. Payment will be provided once the items or services have been received, deemed to comply with all specifications, terms, and conditions of the ITB, and FCSD has been properly invoiced.
Billing Information:
Flagler County School District
ATTN: Accounts Payable
1769 E. Moody Blvd., Bldg. 2
Bunnell, FL 32110
The Bidder must ensure that all products or services supplied to FCSD shall be compliant in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended. This condition is mandatory and the failure to comply with this condition will constitute a breach of contract.
FCSD reserves the right to request bid bonds when applicable, and allowed by applicable law. If bid bonds are required for this ITB, more details will be contained in Section 5, Special Terms and Conditions.
All material supplied to FCSD must be 100% asbestos free. Bidder certifies by signing Bid, that if awarded any portion of this Bid, will supply only material or equipment that is 100% asbestos free.
Pursuant to Florida Statute 1012.467 and School Board Rule 7.142, FCSD will issue and recognize statewide background badges to non-instructional employees of the successful Bidder who meet the clearance requirements of Florida Statute 1012.467(2)(g) when it is not anticipated that they will come into direct contact with students. However, pursuant to Florida Statute 1012.467 and School Board Rule 7.142, if FCSD is unable to rule out that Bidder’s employees or subcontractors may come into contact with students, then, in the paramount interest of student safety, the employees will be required to undergo and pass background screening in accordance with School Board Rule 7.142, unless another statutory exemption applies.
Any legal proceeding which arises from the contract resulting from this ITB shall be brought in a court of competent jurisdiction in Flagler County, Florida. By virtue of submitting a Bid in response to this ITB, the Bidder waives any right to hold any legal proceedings in a jurisdiction or venue outside of Flagler County, Florida.
Both parties knowingly, voluntarily, and intentionally waive their right to trial by jury with respect to any litigation arising out of, under, or in connection with this ITB or any contract awarded pursuant to this ITB. This provision is a requirement for the School Board to enter into a contract with the successful bidder, and shall be included in the terms of the contract which results from this ITB.
The rights, duties, and obligations under the agreement which results from this ITB may not be sold, transferred, or assigned without prior written consent of FCSD. Formal notice must be provided to FCSD if any of these aforementioned events take place during the contract term.
Failure to give notice or file a protest within the time prescribed in Section 120.57 (3), Florida Statutes, shall constitute a waiver of any protest.
All contracts involving Federal funds will contain certain provisions required by applicable sections of Title 34, Section 80.36(I) and 85.510, Code of Federal Regulations and are included by reference herein.
Flagler County School District is authorized to collect, use, or release social security numbers (SSN) of vendors, contractors and their employees for the following purposes, which are noted as either required or authorized by law to be collected. The collection of social security numbers is either specifically authorized by law or imperative for the performance of FCSD’s duties and responsibilities as prescribed by law (Sections 119.07(5)(a)2 and 3, Florida Statutes):
a) Criminal history and criminal background checks/Identifiers for processing fingerprints by Department of Law Enforcement, if SSN is available [Required by Fla. Admin. Code 11 C-6.003 and Fla. Stat. § 119.07(5)(a)6]
b) Vendors/Consultants that the District reasonably believes would receive a 1099 form if a tax identification number is not provided including for IRS form W-9 [Required by 26 C.F.R. § 31.3406-0, 26 C.F.R. § 301.6109-1, and Fla. Stat. § 119.07(5)(a)2 and 6]
In accordance with Florida Statute 287.134, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.
Pursuant to Florida Statute 287.135, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services of any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 or is engaged in a boycott of Israel; or for $1 million or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing a contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to s. 215.473 or is engaged in business operations in Cuba or Syria. The company/vendor certifies by submission and signature of this Bid that: it is not on the Scrutinized Companies with Activities in Sudan List; the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; the Scrutinized Companies that Boycott Israel list, engaged in a boycott of Israel or that it is not engaged in business operations in Cuba or Syria. Any contract for goods or services of any amount may be terminated at the option of the awarding body if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. A contract for goods and services of $1 million or more may be terminated at the option of the awarding body if the company is found to have submitted false certification, has been placed on any of the other lists in this section or has been engaged in business operations in Cuba or Syria. Should the School Board terminate a contract due to post award ineligibility, the successful Bidder shall be paid only for the funding-applicable work completed as of the date of the termination. Unless explicitly stated in this section, no other damages, fees, and/or costs may be assessed against the School Board for its termination of the Bid under this section.
A Bidder MUST satisfy the following minimum requirements to be deemed responsive:
In accordance with Section 287.05701, Florida Statutes, Flagler County School District may not request documentation relating to a Bidder's social, political, or ideological interests when determining the responsiveness of Bidders.
FCSD may, at its sole discretion, disqualify vendors from consideration for any variance from the requirements outlined in the ITB. FCSD also reserves the right to waive a
By virtue of submitting this response, Bidder certifies that it has arrived at the prices contained in their Bid independently, without consultation, collusion, communication, or any agreement to restrict competition.
In addition to any renewal options contained in this ITB, FCSD reserves the right to extend any contract which results from this ITB for a period for up to six (6) months to allow for FCSD to implement a replacement agreement for the contractual services provided herein. This extension will be at the same pricing, terms, and conditions as established by this ITB process.
Unless otherwise specified in this ITB, all orders will be initiated on an as-needed basis throughout the term specified in this ITB. All orders must be placed by authorized District personnel. For applicable orders, an authorized purchase order shall be furnished to the vendor. The District reserves the right to order via FCSD purchasing cards, if applicable.
The Bidder must identify a designated point of contact for any matters related to the provision of services, as specified in this ITB document. The Bidder must also designate a backup contact, in the event that the designated point of contact can not be reached. Bidder shall identify which contact shall be the designated contact, and which shall serve as the backup contact.
The Bidder must provide the following information for each contact:
To the extent Services provided hereunder pertain to the access of student information, Bidder shall adhere to all standards included in Sections 1002.22 and 1002.221., Florida Statutes (the Protection of Pupil Privacy Acts), 20 U.S.C. §1232g – the Family Educational Rights and Privacy Act (FERPA), the federal regulations issued pursuant thereto (34 CFR Part 99), and any other applicable state or federal law or regulation regarding the confidentiality of student information and records. Further, the Bidder, and its officers, employees, agents, and representatives, shall fully indemnify and hold FCSD harmless for any violation of this provision including, but not limited to, defending FCSD and its officers, employees, agents, and representatives against any other complaint, administrative or judicial proceeding, payment of any penalty imposed upon FCSD, or payment of any costs, damages, judgements, or losses incurred by or imposed upon FCSD arising out of breach of this provision by Bidder, its officers, employees, agents, or representatives, to the extent that the Bidder, or its officers, employees, agents or representatives, shall either intentionally or negligently violate this provision, Sections 1002.22 and 1002.221, Florida Statues, or any other applicable state, local, or federal laws, rules, or regulations. This provision shall survive the termination or completion of all performance obligations under this Agreement and shall remain fully binding upon the Bidder.
Bidder agrees to comply with all applicable state and federal laws, regulations, and School Board policies including Privacy Rights of Students, Computer Users’ Responsibilities, Security of Computing Resources, Security of Data, Privacy of Computing Resources, Health Information Privacy and Accountability Act (HIPAA), Children Internet Protection Act (CIPA), and the Gramm-Leach Bliley Act (GLBA).
All Bidders shall be properly registered with the Florida Department of State, Division of Corporations (www.sunbiz.org) at the time of bid submission, or shall agree to become properly registered prior to contract award. Bidder must provide evidence of their ability to conduct business in the State of Florida to be considered responsive. If the Bidder is not located in Florida, the Bidder must provide their state’s document number and a screenshot of their current date identified “active” status with their submittal.
The successful Bidder shall implement appropriate measures designed to ensure the confidentiality and security of student information and confidential data, protect against any anticipated hazards or threats to the integrity or security of such information, protect against unauthorized access or disclosure of information, and prevent any other action that could result in substantial harm to FCSD or an individual identified with the data or information in successful Bidder’s custody.
If necessary for the performance of contractual responsibilities resulting from this ITB, FCSD may provide keys, access codes, combinations, access cards, personal identification numbers, or similar security codes to the successful Bidder's employees, agents, or subcontractors, if any. The successful Bidder is responsible for safekeeping all security devices and information, and must promptly report lost or stolen access devices or information.
The Bidder will not knowingly permit any of the Bidder's personnel to have access to any FCSD facility, records, or data of the Flagler County School Board if the person has been convicted of a crime in connection with (i) a dishonest act, breach of trust, or money laundering, or has agreed to enter into a pretrial diversion or similar program in connection with such offense, as described in Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. § 1829(a); or (ii) a felony. The Bidder must, to the extent permitted by law, conduct a check of public records in all of the employee’s states of residence and employment for at least the last five (5) years to verify the above. The Bidder shall ensure that all agreements with subcontractors impose these obligations on the subcontractors and shall monitor the subcontractors’ compliance with such obligations. No subcontractors may be used without the prior written consent of FCSD.
FCSD reserves the right to require the successful Bidder to fill out additional forms and provide additional information at any point during the solicitation process, and throughout the term of any resulting agreement. The successful Bidder is solely responsible for any costs associated with filling out additional forms, as required by FCSD.
Please download the required forms available below, complete all forms, and upload back into the same question.
Please put your answer in the space below, if applicable.
Please put your answer in the space below, if applicable.
Please enter the initial term of the agreement below in years. Ex: three (3)
Please input the number and length of renewal terms below. Ex: two (2) one (1)
Select all applicable forms
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
SamSearch Platform
AI-powered intelligence for the right opportunities, the right leads, and the right time.