Music Instrument Repairs and Related Supplies

NOTICE IS HEREBY GIVEN that The School Board of Brevard County, Florida, henceforth referred to as the District or School Board is accepting sealed responses for Music Instrument Repairs and Related Supplies (26-0892-B-AR).

Project Overview

The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed Bids to furnish Music Instrument Repairs and Related Supplies for the use of The School Board of Brevard County, Florida (School Board).

The deadline to submit questions related to this solicitation is 2:00 pm on Wednesday, May 6, 2026.

Sealed responses for furnishing the above will be accepted up to 2:00 pm on Thursday, May 21, 2026.

NOTE: Respondents are required to submit responses electronically via the OpenGov e-Procurement Platform. Respondents shall not be permitted to hand-deliver, mail, telephone, fax or email offers.

Responses received after the submission deadline and/or transmitted outside of the designated OpenGov e-Procurement Platform shall be rejected.

Project Details

Reference ID: 26-0892-B-AR
Department: C&I-Curriculum & Instruction A&E/9231
Department Head: Mollie Vega (Director of Secondary Programs)

Important Dates

Questions Due: 2026-05-06T18:00:00.000Z
Pre-Proposal Meeting: 2026-04-22T13:00:00.000Z — ESF Facilities Conference Room 804B, 2700 Judge Fran Jamieson Way, Viera, Fl 32940

Evaluation Criteria

U.S. Department of Agriculture Program Discrimination —
In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD3027 form or letter must be submitted to USDA by:
1. 1. Mail:
    U.S. Department of Agriculture
    Office of the Assistant Secretary for Civil Rights
    1400 Independence Avenue, SW
    Washington, D.C. 20250-9410; or
  2. Fax:
    (833) 256-1665 or (202) 690-7442; or
  3. Email:
    program.intake@usda.gov
This institution is an equal opportunity provider
GENERAL INFORMATION ABOUT THE DISTRICT —
The District and its governing board were created pursuant to Section 4, Article IX of the Constitution of the State of Florida. The District is an independent taxing and reporting entity controlled and operated by District school officials in accordance with Chapter 1001, Florida Statutes. The Board consists of five elected officials responsible for the adoption of policies which govern the District’s schools and departments. The Superintendent of Schools is responsible for the administration and management of the schools and departments within the applicable parameters of state law, State Board of Education Rules, and School Board policies. The Superintendent is also specifically delegated the responsibility of maintaining a uniform system of records and accounts in the District per Florida Statutes as prescribed by the State Board of Education.
PURPOSE —
The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed Bids to furnish Music Instrument Repairs and Related Supplies to be used as noted by The School Board of Brevard County, Florida.
AWARD TERM —
The School Board’s goal is to promote partnership relationships within the policies and procedures of public procurement. Pursuant toward that end, the successful Bidder(s) shall be awarded a contract for an initial three (3) year term with up to one (1) optional two (2) year renewal period.
The award term recommendation will be that which is determined to be in the best interest of the School Board. Any renewal option shall be exercised only if all original contract terms, conditions, and prices remain the same. All renewals will be contingent upon mutual written agreement and, when applicable, approval of School Board.
Commercial General Liability Insurance: —
All Contractors coming onto property owned or operated by BPS. “The School Board of Brevard County, Florida” shall be named as an additional insured to the insurance policy. If the School Board is not named as an additional insured, then the School Board reserves the right to terminate this Agreement.
Negligence including Bodily Injury and Property Damage
Per Occurrence $1,000,000
General Aggregate $2,000,000
Summary —
NOTICE IS HEREBY GIVEN that The School Board of Brevard County, Florida, henceforth referred to as the District or School Board is accepting sealed responses for Music Instrument Repairs and Related Supplies (26-0892-B-AR).
Project Overview
The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed Bids to furnish Music Instrument Repairs and Related Supplies for the use of The School Board of Brevard County, Florida (School Board).
The deadline to submit questions related to this solicitation is 2:00 pm on Wednesday, May 6, 2026.
Sealed responses for furnishing the above will be accepted up to 2:00 pm on Thursday, May 21, 2026.
NOTE: Respondents are required to submit responses electronically via the OpenGov e-Procurement Platform. Respondents shall not be permitted to hand-deliver, mail, telephone, fax or email offers.
Responses received after the submission deadline and/or transmitted outside of the designated OpenGov e-Procurement Platform shall be rejected.
Bidder: —
That person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that has submitted a bid for the purpose of obtaining business with the School Board to provide the product and/or services set forth herein.
Background —
This solicitation represents a cooperative procurement for the Brevard County Public Entity Purchasing Cooperative.

Local Governmental entities within the Brevard County area, currently consisting of 12-members, have entered into an Interlocal Agreement to create a Cooperative Purchasing group within our geographical area. The Brevard County Public Purchasing Cooperative was formed in an effort to develop cooperative relationships among its participants for the purpose of seeking responses to solicitations which may result in lower costs to group participants on commonly used commodities, better quality of products and lower administrative costs.
Training Resources for Vendors —
Screen Shots:
Instructions for the new eProcurement System: The following link will help you Get Started (https://opengov.my.site.com/support/s/article/c7a5affa-e073-4d5a-8d87-b6eadcf343a9) and will include vendor guides for using the system. Below are additional screen shots for support.
All Video Guides: OpenGov Procurement Vendor Training
1. New Supplier Account
2. Submit a Bid or Proposal
3. Updating Your Company Designation on a Solicitation
4. Vendor Selection of Category Codes
5. How To Subscribe To Organizations And Find Active RFPs & Bids
6. Login Process
7. How to Edit or Withdraw your Proposal after it's been Submitted
8. How to Submit a Question
9. Viewing Bid Results
A series of video guides can be accessed at this link for additional Vendor Training: Video Trainings
VIOLATION OR BREACH OF CONTRACT TERMS —
This section applies to contracts for more than the simplified acquisition threshold, currently set at $250,000. Contractors who violate or breach contract terms may be subject to administrative, contractual, or legal remedies, as well as sanctions and penalties as appropriate, in addition to remedies found in other sections of the contract.
Contract Administrator: —
The School Board’s Director of Procurement & Distribution Services or designee shall serve as Contract Administrator. The Contract Administrator shall be responsible for addressing any concerns within the scope of the contract. Any changes to the resulting contract shall be done in writing and authorized by the School Board Chair or authorized designee.
SCOPE OF GOODS AND/OR SERVICES —
This Specification establishes the minimum requirements for this solicitation, listed and described in the body of these specifications, to be used as noted.
The intent of this bid is to secure firm fixed pricing and select multiple Bidders to provide Music Instrument Repair Services and Related Supplies for each of the three (3) district areas, North, Central and South, to be used on an as needed basis. The performance of awarded Bidders shall be in accordance with the terms of the specifications and at the quality standards of service set forth herein.
1. PRODUCTS OR SERVICES TO BE PROVIDED, AND APPLICABLE SPECIFICATIONS
To include but not limited to:
1. 1. Bidder(s) shall provide firm fixed hourly rates and mark up on materials and supplies for the repair(s) of musical instruments for elementary, middle and high schools within Brevard County. (Exhibit "A")
  2. Successful Bidder(s) shall have a physical repair facility or store located within the State of Florida, preferably within the Counties of Brevard, Orange, Osceola, Volusia and Indian River or other Counties within close proximity of Central Florida.
  3. It is the responsibility of the successful Bidder(s) to set up appointments for each repair upon receipt of a purchase order from the school or district. Exhibit “B”, list of authorized schools is attached with Exhibit "A" as a separate document. Bidder(s) will not be allowed to repair music instruments without an appointment and official School or District issued Purchase Order.
  4. Bidder(s) shall prepare a repair estimate that includes labor, parts costs, plus pickup and delivery charges as applicable. Estimate must also include an estimated repair time, preferably within 45 days, dependent on type of repair service performed.
  5. Music Instruments that are not properly repaired at the time of servicing will be repaired again at no cost to the School Board. Normal warranty is required; however, a minimum of one (1) year on all parts and labor, not the result of user abuse is required. If the standard warranty exceeds the one (1) year requirement, then that warranty will take precedence. Bidders are required to state the warranty for each item bid on Exhibit “A”.
  6. The principal of the school or his/her assigned agent/music teacher must sign a service order stating that the repair service was completed satisfactorily for payment approval. Invoices submitted without the proper approval may not be paid.
DISTRICT DEMOGRAPHICS —
The District is coterminous with School Board. The District currently operates 85 traditional schools including 57 Elementary Schools, 12 Middle Schools, 5 Jr/Sr. High Schools and 11 High Schools, as well as 14 public charter schools and 11 alternative sites/special centers. The total full-time K-12 enrollment of public school (including public charter schools) students as of October 14, 2024 was 74,098. In Fiscal Year 2022, according to the National Center of Education Statistics, the District was reported as the 11th largest school district in the State of Florida and the 49th largest school district in the United States, as ranked by student population. The District is the largest employer in Brevard County with approximately 9,000 employees.
OpenGov Technical Support —
Technical support for an eProcurement system plays a vital role in ensuring smooth operations. You can call or email technical support using the information below.
- Phone: (650) 336-7167
- Email: support@support.opengov.com
- Issue Log: https://opengov.my.site.com/support/s/contactsupport/incident
- Live Chat: Click on the circle blue icon at the bottom right of the screen.
Product Liability and/or Completed Operations Insurance: —
All Contractors whose work for BPS includes products or services that have the potential to cause property damage or bodily injury are required to carry this insurance to the limit listed below. This includes but is not limited to Contractors such as manufacturers of goods and medicines, general contractors, other construction industry tradespeople, caterers, food distributors, and retailers.
Negligence Including Bodily Injury and Property Damage $1,000,000
Products - Completed Operations Aggregate $2,000,000
Contact Information —
Deadline for Questions
The deadline to submit questions related to this solicitation is 2:00 pm on Wednesday, May 6, 2026.
Questions regarding this solicitation are to be submitted directly through the OpenGov Question & Answer portal. Any questions submitted after the date and time specified may not be considered.
Procurement Contact
Do not contact any District employee or official regarding this solicitation except the procurement agent listed below:
Ann Routhier
Procurement Agent II
routhier.ann@brevardschools.org
(321) 633-1000 Ext: 11671
Requesting Department
C&I-Curriculum & Instruction A&E/9231
AWARD —
The District reserves the right to make awards by individual item, group of items, all or none, or a combination thereof; on a geographical basis and/or on a district-wide basis with one or more suppliers or providers. Offerors are cautioned to make no assumptions unless their offer has been evaluated as responsive. Any awards made shall conform to applicable School Board Rules, State Board Rules, and State of Florida Statutes. The District reserves the right to award the contract to the Bidder(s) offering the lowest responsive and responsible bid(s), as defined in the solicitation, and is not bound to accept a bid based solely on the lowest price. In addition, the District, at its sole discretion, reserves the right to cancel this solicitation, to reject any and all proposals, to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the District to do so.
Cooperative Participants —
Brevard County Board of County Commissioners
Brevard County School Board
Canaveral Port Authority
City of Cape Canaveral
City of Cocoa
City of Cocoa Beach
City of Indian Harbour Beach
City of Melbourne
City of Melbourne Beach
City of Palm Bay
City of Rockledge
City of Satellite Beach
City of Titusville
Contract: —
The document resulting from this solicitation between the School Board and the Bidder, including this solicitation, along with any written addenda and other written documents, which are expressly incorporated by reference.

Timeline —

Release Project Date:	April 10, 2026
Pre-Proposal Meeting (Non-Mandatory):	April 22, 2026, 9:00am ESF Facilities Conference Room 804B, 2700 Judge Fran Jamieson Way, Viera, Fl 32940
Question Submission Deadline:	May 6, 2026, 2:00pm
Proposal Submission Deadline:	May 21, 2026, 2:00pm

BID CLOSING DATE —
Submittals must be received by The School Board of Brevard County, Florida, Office of Procurement & Distribution Services through the District's eProcurement Portal (https://procurement.opengov.com/portal/brevardschools) no later than 2:00 pm., local time, on Thursday, May 21, 2026. Bids received after this time will not be considered.
Automobile Liability: —
Any Contractor transporting district employees, delivering or transporting district owned equipment or property, or providing services or equipment where a reasonable person would believe that BPS is responsible for the work of the Contractor from portal to portal is required to carry this insurance to the limit listed below.
Negligence Including Bodily Injury and Property Damage
Per Claim $500,000
Combined Single Limit (each accident) $1,000,000
Cooperative Procurement Operational Procedures —
1. All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "Lead Entity". All responses are to be returned in accordance with the instructions contained within the project portal.
2. The solicitation specifications, terms and conditions shall be the controlling document. Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract and issue its own tax exemption certificates as required by the Contractor.
3. Invoicing instructions and delivery locations will be in accordance with the respective entity requirements.
4. Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise.
5. The Contractor(s) shall furnish the Lead Entity a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include Agency name, contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity.
6. Municipalities and other governmental entities which are not members of the Brevard County Public Entity Purchasing Cooperative may utilize any contract awarded by the Brevard County Public Entity Purchasing Cooperative. Public Entity Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the lead entity.
7. None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action.
TERMINATIONS FOR CAUSE AND CONVENIENCE —
Terminations for cause and for convenience are addressed under the #General Terms and Conditions section of the project portal.
POSTING OF SOLICITATION CONDITIONS/SPECIFICATIONS —
This solicitation will be posted for review by interested parties on OpenGov web site Procurement Portal (opengov.com) and will remain posted up to and including the Due Date of this solicitation. In accordance with Section 120.57(3), Florida Statutes, with respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. Failure to file a specification protest within the time prescribed in Section 120.57(3), Florida Statutes, will constitute a waiver of proceeding under Chapter 120, Florida Statutes.
Electronic Submission and Delivery Instructions —
Parties interested in responding are required to submit electronically through the District's eProcurement Portal prior to 2:00 pm EST on Thursday, May 21, 2026. Please upload all required documents as instructed in the section named Vendor Questionnaire electronically before the time and day listed in this solicitation. Responses must be received in the system prior to the deadline.
CONE OF SILENCE —
In accordance with Board Policy 6320, titled “Procurement and Contracting”, A “cone of silence” is hereby established for all competitive selection processes including Invitations to Bid (ITB), Request for Proposal (RFP), Invitations to Negotiate (ITN), and Request for Qualifications (RFQ) for the provision of commodities and contractual services. The cone of silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the recommendation of contract award. This cone of silence shall be imposed on these procurements after advertisement of same. The cone of silence prohibits any communication regarding a competitive solicitation between: a potential vendor, service provider, bidder, lobbyist, or consultant and the staff of the District, including school principals and department directors; and a potential vendor, service provider, bidder, lobbyist, or consultant and any one (1) or more of the Board members or member-elects. The cone of silence commences after the competitive solicitation is publicly issued and terminates at the time the Board or Superintendent or designee acts on a written recommendation from the District’s Procurement and Distribution Services department regarding contract award. A potential vendor, service provider, bidder, lobbyist, or consultant shall direct any inquiries, suggestions or requests to the procurement representative listed within the solicitation. Violation of this policy by a particular bidder, proposer, respondent, and/or representative may, at the discretion of the District, result in rejection of said bidder, proposer, respondent, and/or representative's bid, proposal, or offer and may render any contract award to said bidder, proposer, or respondent voidable.
Workers' Compensation/Employer's Liability: —
All Contractors that have four (4) or more employees or that subcontract any portion of their work to another individual or company are required to have workers’ compensation insurance to the limits listed below.
W.C. Limit Requires Statutory Limits
E.L. Each Accident $100,000
E.L. Disease - Each Employee $100,000
E.L. Disease - Policy Limit $500,000
EQUAL EMPLOYMENT OPPORTUNITY —
Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. See C.F.R. Part 200, Appendix II, (C). The provisions may be found in the #Attachments tab of the project portal.
Bidder's Project Manager: —
The Project Manager has responsibility for administering this contract for the awarded Bidder(s) and will be designated prior to the issue of the resulting Price Agreement or Purchase Order.
PRE-BID CONFERENCE/WALK THROUGH —
A pre-bid conference will be held by the Procurement & Distribution Services at the time and location detailed in the #Introduction section. All potential bidders are encouraged to attend and participate.
Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations to attend public Bid openings or meetings should contact the Procurement Department at 321-633-1000 x11645 at least five (5) days prior to the meeting date.
Withdrawal of Submission —
Any Bidder or Proposer may withdraw their response via the District's eProcurement Portal prior to 2:00 pm EST on Thursday, May 21, 2026.
Day: —
The word “day” means each calendar day or accumulation of calendar days.
MANDATORY PRE-BID CONFERENCE/WALK THROUGH —
A pre-bid conference will be held by the Procurement & Distribution Services at the time and location detailed in the #Introduction section. All potential bidders are encouraged to attend and participate.
Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations to attend public Bid openings or meetings should contact the Procurement Department at 321-633-1000 x11645 at least five (5) days prior to the meeting date.
Respondents who fail to attend the mandatory pre-bid conference prescribed herein shall be ineligible to compete for the award of a contract under this solicitation. Participants will have the opportunity to sign-in at the conference, the sign-in sheet is required to document your attendance. Failure to sign in or document attendance at the event may result in your firm being deemed non-responsive.
Professional Liability/Environmental Liability/Cyber Liability (as applicable) (Errors and Omissions)
CLARIFICATION AND ADDENDA —
1. It is incumbent upon each respondent to carefully examine all specifications, terms, and conditions contained herein. Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information shall be made in writing to the designated procurement representative listed within the solicitation named herein. The School Board will not be responsible for any oral representation(s) given by any employee, representative, or others. The issuance of a written addendum is the only official method by which interpretation, clarification, or additional information can be given.
2. If it becomes necessary to revise or amend any part of this solicitation, notice may be obtained by accessing our web site. Respondents in their proposal shall acknowledge receipts of amendments. Each respondent shall ensure that they have received all addenda and amendments to this solicitation before submitting their proposal. Please check the web site at Procurement Portal (opengov.com) for any addenda. The District will not mail/fax/email addenda to prospective respondents.
DAVIS-BACON ACT AND COPELAND "ANTI-KICKBACK ACT" —
When required by Federal program legislation, this section applies to any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds. If applicable, the Contractor agrees to comply with the provisions of 29 CFR, Part 5.5(a) during the performance of this contract. The provisions may be found in the #Attachments tab of the project portal.
Changes to the Solicitation Documents —
The District reserves the right to change any part of these Instructions and Specifications any time prior to the solicitation opening. Any changes shall be in the form of addenda and will become a part of the solicitation documents and of the contract. A Respondent's failure to address the requirements of the addenda may result in the response not being considered. If the District determines that a time extension is required for the solicitation, the addenda will give the new submission date.
Addenda shall be acknowledged via the District's eProcurement Portal for the project Music Instrument Repairs and Related Supplies (26-0892-B-AR). Respondents can view a list of addenda released by the District by clicking on "Addenda & Notices." While drafting a response, there is a section for "Addenda Confirmation" where Respondents must acknowledge each addenda released.
PUBLIC BID OPENING —
1. The respondents will not be available for public records request until a notice of intended decision is issued or thirty (30) days after the opening date, whichever is earlier. (Florida Statute 119.071 (1) (b)).
2. The Bidder List will be available #Project Portal at time of opening.
3. Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations to access the public Bidder List should contact the Procurement Department at 321-633-1000 x11470 after the Bid opening date.
4. Individuals that would like to hear the names of respondents read aloud during the official Bid opening may access the electronic meeting via Microsoft Teams at the following web address: : https://teams.microsoft.com/meet/24498014657420?p=gYdMLsiQbYw7kDUKm9
  Meeting ID: 244 980 146 574 20
  Passcode: aJ3ct6qi
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT —
This section applies to any contract in excess of $100,000 that involves the employment of mechanics and laborers and is financed in whole or in part from Federal funds. If applicable, the Contractor agrees to comply with the provisions of 29 CFR, Part 5.5(b) during the performance of this contract. The provisions may be found in the #Attachments tab of the project portal.
Director: —
The Director is the Director of Procurement & Distribution Services for the School Board.
PUBLIC OPENING —
The solicitation proposals shall be opened at the date, time and place listed herein, or as amended in the form of an addenda. Only the names of the respondents submitting a proposal will be read aloud at the public opening. A list of the respondents submitting proposals will be posted to Procurement Portal (opengov.com) within 1-3 business days. In accordance with Section 119.071(1)(b), Florida Statutes, sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from Section 119.07(1), Florida Statutes, and Section 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier. If an agency rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the agency concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from Section 119.07(1), Florida Statutes, and Section 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation or until the agency withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial agency notice rejecting all bids, proposals, or replies.
Deadline for Questions —
The deadline to submit questions related to this solicitation is by 2:00 pmWednesday, May 6, 2026.
Questions regarding this solicitation should be submitted directly through the District's eProcurement Portal Q&A function. Do not contact any District employee or official regarding this solicitation except Ann Routhier, Procurement Agent II. Any questions submitted after the date and time specified may not be considered.
QUESTIONS CONCERNING BID —
The question and answer module of OpenGov is being utilized for this solicitation. Timely questions concerning this solicitation shall be submitted in accordance with the deadline for questions: Wednesday, May 6, 2026 at 2:00 pm EST.
Consideration for modification or alteration of this solicitation shall be requested during the specified question period, before the applicable deadline. No oral interpretation of the meaning of the plans, specifications, or other documents shall be considered binding. The District shall be bound by information and statements only when such statements are executed by written addendum.
Answers for timely questions will be addressed in the OpenGov question and answer module or as an addenda to this solicitation depending on volume, participants are encouraged to subscribe as a follower and monitor all notifications. Beyond questions and answers, any and all modifications, clarifications, interpretations and supplemental instructions will be in the form of a written addendum which, if issued, will be available for download. All addenda and questions/answers so issued shall become part of the Solicitation Documents and receipt shall be acknowledged prior to respondent submission.
Untimely questions are unable to be submitted in the question and answer module, thereafter respondents raising critical concerns must email routhier.ann@brevardschools.org. Critical clarifications may be made via addenda, however, untimely questions may not be considered.
ELECTRONIC RESPONSE SUBMITTAL —
Respondent shall submit all documents pertaining to this solicitation electronically through the procurement portal at https://procurement.opengov.com/portal/brevardschools
1. Upload files only in Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or .pptx), Adobe Portable Document Format (.pdf), or .ZIP file formats.
2. Enable Printing on all files submitted.
3. All required documents must be fully filled out and signed by an official who is authorized to legally bind the Respondent on all solicitation specifications.
4. Clearly identify each part of the submission.
5. Terms and Conditions submitted by Respondent which differ from those in this solicitation may be cause for disqualification of the proposal.
RIGHTS TO INVENTIONS —
This section applies if the Federal award meets the definition of a "funding agreement" under 37 CFR, Part 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient 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.
Exceptions to Bid: —
An exception is defined as the Bidder’s inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the bid.
Follow these steps to submit your response electronically: —
If you are already registered and need help logging in or retrieving your user information utilize the blue chat bubble visible on the lower right hand corner of the screen.
Click on the hyperlink for the District's eProcurement Portal to create your vendor profile.
Electronic Submission of Response
All Respondents are required to submit electronically via the District's eProcurement Portal. The electronic system will close submission exactly at the date and time set forth in this solicitation or as changed by addenda.
Respondents are responsible for submitting and having their response accepted before the closing time set forth in this solicitation or as changed by addenda. NOTE: It is the Proposer's sole responsibility to ensure their bid and document(s) are uploaded, transmitted, and arrive in time electronically. The District will have no responsibility for responses that do not arrive in a timely manner, no matter what the reason.
Upon closing of the Solicitation, Solicitation Results will be available on the eProcurement Portal.
In the case of a discrepancy between the electronic pricing schedule and any uploaded pricing schedule document, the electronic pricing will prevail.
Steps to Submit Your Electronic Proposal:
To submit an offer to the District, vendor must begin by clicking on the green DRAFT RESPONSE button.
https://procurement.opengov.com/portal/brevardschools/projects/251696
1. Acknowledge all Addenda
2. Answer all required vendor questions.
3. Upload all required document. Respondent may save their work and return.
4. Review your work and submit response when ready.
5. You will receive a confirmation email from OpenGov upon receipt of your submission.
6. Proposer may withdraw their submission at any time prior to 2:00 pm EST on Thursday, May 21, 2026.

Note: If an addenda is issued after a response has been submitted, vendor must return to take steps below. Failure to do both steps may result in the response being deemed non-responsive.
1. Acknowledge the new addenda; and
2. Resubmit your response through the eProcurement Portal.

Do Not upload a Zip File: Unzip Your Files
Note: If your files are [zipped or] in a zip folder, you may need to unzip the files before uploading. The following instructions may be helpful to do so.
1. Open File Explorer, and find the zipped folder.
2. To unzip the entire folder, right-click to select Extract All, and then follow the instructions.
3. To unzip a single file or folder, double-click the zipped folder to open it. Then, drag or copy the item from the zipped folder to a new location.
Person to Persons: —
An individual, firm, partnership, corporation, association, executor, administrator, trustee, or other legal entity, whether singular or plural, masculine or feminine, as the context may require.
EXECUTION OF SOLICITATION —
The proposal shall contain a manual or digital signature in the space(s) provided of a representative authorized to legally bind the respondent to the provisions therein. All spaces requesting information from the respondent shall be completed. Proposals shall be typed or printed in ink. Use of erasable ink or pencil is not permitted. Any correction made by the respondent to any entry must be initialed.
BIDDER'S RESPONSIBILITY —
The Bidder, by submitting a Bid represents that:
1. The Bidder has read and understands the Solicitation in its entirety and that the solicitation is made in accordance therewith, and;
2. The Bidder possesses the capabilities, resources, and personnel necessary to provide efficient and successful service to the School Board, and;
3. Before submitting a Bid, each Bidder shall make all investigations and examinations necessary to ascertain site and/or local conditions and requirements affecting the full performance of the contract and to verify any representations made by the School Board, upon which the Bidder will rely. If the Bidder receives an award because of its Bid Submittal, failure to have made such investigations and examinations will in no way relieve the Bidder from its obligations to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the Bidder for additional compensation or relief.
4. The Bidder will be held responsible for any and all discrepancies, errors, etc., in discounts or rebates which are discovered during the contract term or up to and including five (5) fiscal years following the School Board’s annual audit including five (5) years thereafter.
CLEAN AIR ACT AND FEDERAL WATER POLUTION CONTROL ACT —
This section applies to any contract or subgrant in excess of $150,000 that is financed in whole or in part from Federal funds. Contractor agrees 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). Contractor must report violations to the District, the Federal awarding agency, and the Regional Office of the Environmental Protection Agency (EPA).
Vendor Registration Instructions & Customer Service information —
Click here to register onto the District's eProcurement Portal hosted by OpenGov.
If you are already registered and need help logging in or retrieving your user information simply click on the blue chat bubble on the lower right hand corner of your screen or contact OpenGov at procurement-support@opengov.com for help at any time.
Customer Service
For assistance with e-bidding or uploading documents: Contact OpenGov via the blue chat bubble on the lower right hand corner of your screen or email at procurement-support@opengov.com.
Monday through Friday 5am - 5pm PST, except statutory holidays-- response time is typically less than ten minutes.
School Board: —
The word School Board refers to the elected officials of the School Board of Brevard County, Florida, its duly authorized representatives, and any school, department, or unit within the School Board.
DRUG FREE WORKPLACE —
Drug Free Workplace certification is required by the regulations implementing Sections 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 USC 701 et seq.), 7 CFR Part 3017, Subpart F, Section 3017-600, Purpose. The January 31, 1989, regulations were amended and published as Part II of the May 25, 1990 Federal Register (pages 21681-21691).
DISCLOSURE OF SOLICITATION CONTENT —
1. All material submitted becomes the property of the District and may be returned only at the District's option. The District has the right to use any or all ideas presented in any reply to this solicitation. Selection or rejection of any proposal does not affect this right.
2. The District is governed by the Public Record Law, Chapter 119, Florida Statutes (F.S.). Only trade secrets as defined in Section 812.081(1)(c), F.S. or financial statements required by the School Board for road or public works projects as defined in 119.071(1)(c), F.S. (hereinafter “Confidential Materials”), may be exempt from disclosure. If a respondent submits Confidential Materials, the information must be segregated, accompanied by an executed Non-Disclosure Agreement for Confidential Materials and each pertinent page must be clearly labeled “confidential” or “trade secret.” The District will not disclose such Confidential Materials, subject to the conditions detailed within the agreement, which is attached to this solicitation. When such segregated and labeled materials are received with an executed agreement, the District shall execute the Agreement and send the respondent a “Receipt for Trade Secret Information.” RETURN THE NON-DISCLOSURE AGREEMENT ONLY IF CONFIDENTIAL MATERIALS ARE BEING INCLUDED IN THE SOLICITATION. PLEASE READ THE SECTION IN THE SOLICITATION DOCUMENT TO DETERMINE IF THIS APPLIES. THE CONFIDENTIAL MATERIALS WILL ONLY BE HANDED OUT TO THE SELECTION COMMITTEE ON THE DAY OF THE EVALUATION, THEREFORE, THE EVALUATION OF THIS MATERIAL WILL BE LIMITED TO THAT TIME ONLY.
CATALOG BID —
CATALOG WITH BID
Bidder must submit a website address from which to access their catalog. The catalog may be set up in an e-commerce format with online shopping enabled or an e-catalog format without functional online shopping. The School Board prefers e-commerce with online ordering enabled. Whichever catalog format is used, the following attributes for each product must be displayed on the Bidder’s website:
- - - Manufacturer
    - Product or Item #
    - Product Description
    - Price
    - Unit of Measure (UOM)
    - Quantity per UOM
    - Material Data Sheet (MDS)
If a login is required in order to view pricing and other product details, Bidder must provide a School Board specific username and password in the bid submittal and specifically on Attachment D - Price Sheet.
CATALOG PRICING
Web-based catalog pricing must be configured with the Bidder’s awarded discount already taken.
ONLINE ORDERING
The School Board prefers e-commerce with online ordering enabled. Online ordering may use the School Board’s Purchasing Card Program.
CATALOG DISPERSAL
Catalog dispersal is the responsibility of the awarded Bidder, not the School Board. Awarded Bidder must contact the School Board’s Procurement Department to obtain a current contact list for schools and departments utilizing this bid. The dispersed catalog must match the awarded bid.
CATALOG UPDATES (INCLUDING PRICING)
As web-based catalogs are updated, it is the awarded Bidder’s responsibility to do the following:
- Notify the School Board’s Procurement Department of the changes.
- If there are any pricing updates, propose an effective date to the School Board’s designated agent in the Procurement Department for approval.
- Distribute catalog updates to all schools and departments with notice explaining new pricing, after approval by the School Board’s designated agent and before the effective date.
Any price discrepancies, which occur as a result of the awarded Bidder not following the above guidelines, must be honored by the awarded Bidder.
NEW ITEMS
New items appearing in the awarded Bidder’s catalog released after the bid opening date are to be covered by this bid as if these items were originally included in the web-based catalog submitted with the bid.
TRAINING
The awarded Bidder must be willing to offer training and support for schools and departments as needed. Training may include but not be limited to company introduction, setting up new users for online ordering, and review of catalog bid discounts.
INCURRED EXPENSES —
This solicitation does not commit the School Board to award a contract nor shall the District be responsible for any cost or expense which may be incurred by any respondent in preparing and submitting a proposal, or any cost or expense incurred by any respondent prior to the execution of a purchase order or contract agreement.
DISCOUNT ADJUSTMENTS —
Unless a change is deemed to be in the best interest of the School Board, there will be no discount adjustments allowed during the contract period. The discounts submitted on the Price Sheet shall remain firm throughout the contract period. Bidders are encouraged to consider this requirement when offering discounts.
DEBARMENT AND SUSPENSION —
Debarment and suspension are addressed under the #General Terms and Conditions section of the project portal.
School Board's Project Manager(s): —
The Project Manager(s) have responsibility for the day-to-day administration of the resulting contract for the School Board and will be designated prior to award of the resulting purchase order.
Using Agency: —
The term “using agency” used herein refers to any school, department, committee, authority, or another unit in the School Board using supplies or procuring contractual services as provided for in the Procurement Department of the School Board.
NEW ITEMS AND/OR OPTIONS —
Upon approval of Procurement, new items and/or options may be included in this bid if they are standard items and/or options for this commodity. Items inadvertently left off the price sheet may be viewed as an option not known to exist at the time this solicitation was sent out but are now available as an additional option. Awarded Bidder(s) wishing to provide additional options, may attach to their price sheet their list of options which are currently available. Since these products will be made to order on an as needed basis, each purchase could vary greatly since many will be site specific. As market changes occur the awarded Bidder(s) may contact Procurement about additional options.
BYRD ANTI-LOBBYING AMENDMENT —
Contractors that apply or solicitation for an award exceeding $100,000 that is financed in whole or in part from Federal funds 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. The certification may be found in the #Attachments tab of the project portal.
PRICING —
Unless otherwise specified, prices offered shall remain firm for a period of at least sixty (60) days; all pricing of goods shall include FOB DESTINATION, all packing, handling, shipping charges and delivery to any point(s) within the District to a secure area or inside delivery; all prices of services shall include all expenses necessary to provide the service at the location specified.
PROCUREMENT OF RECOVERED MATERIALS —
For contracts using Federal funding, Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR, Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to procure items containing the highest percentage of recovered materials as designated by the Environmental Protection Agency (EPA) under 40 CFR, Part 247 whenever the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000.
ITEM DISCONTINUANCE —
During the term of this contract, as items are discontinued and a replacement offered, the awarded Bidder must notify the Procurement Department with the new equipment specifications and price. If C&I-Curriculum & Instruction A&E/9231 approve the newer/current model, documentation will be placed in the solicitation folder noting the newer/current model as the revised product model for the remainder of the contract term.
MEETS SPECIFICATIONS —
The respondent represents that their proposal to this solicitation shall meet or exceed the minimum requirements specified.
BRAND NAME OR EQUAL —
If items requested by this solicitation have been identified in the specifications by a Brand Name “OR EQUAL” description, such identification is intended to be descriptive and not restrictive and is to indicate the quality and characteristics of products that will be acceptable. Proposals offering “equal” products will be considered for award if such products are clearly identified in the offer and are determined by the District to meet fully the salient characteristic requirements listed in the specifications. Unless the respondent clearly indicates in its proposal that it is proposing an “equal” product, the proposal shall be considered as offering the same brand name product referenced in the specifications. If the respondent proposes to furnish an “equal” product, the brand name of the product to be furnished shall be clearly identified. The evaluation of proposals and the determination as to equality of the product offered shall be the responsibility of the District and will be based on information furnished by the respondent. Procurement & Distribution Services is not responsible for locating or securing any information which is not identified in the proposal and reasonably available to Procurement & Distribution Services. To insure that sufficient information is available the respondent shall furnish as part of the proposal all descriptive material necessary for Procurement & Distribution Services to determine whether the product offered meets the salient characteristics required by the specifications and establish exactly what the respondent proposes to furnish and what the District would be binding itself to purchase by making an award.
BUY AMERICAN (7 CFR PART 210.21 (D)) - Section 104(d) —
As a participating sponsor in the USDA’s National School Lunch and School Breakfast Programs, the School Board of Brevard County, Florida, must adhere to the “Buy American” provision of the Child Nutrition Reauthorization Act. The provision requires school districts to purchase, to the maximum extent practicable, domestic food products that are produced in the United States. The legislature defines “domestic commodity or products” as one that is produced in the United States and is processed in the United States substantially using agricultural commodities that are produced in the United States. Substantially means that a minimum of 51% of the final processed food comes from American-produced products. The Contractor must have a system in place to track product origins and provide that information upon request to the District.

Adherence to the local preference regulations surrounding National School Lunch Programs dictates Federal Buy American provisions, Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998, for domestically grown fruits and vegetables whenever possible. Economics for all Food Service operations dictate a reasonable relationship between price and quality when considering Market Prices and product origin. Additionally, orders for fresh fruits and vegetables shall meet guidelines for “Buy Local” from Florida Growers whenever possible, and prices considered.

Exceptions to the Buy American provision are very limited; however, an alternative or exception may be approved upon request. To be considered for an alternative or exception, the request must be submitted in writing to a designated official a minimum of seven (7) days in advance of delivery. The Exception Documentation Worksheet and additional information is located in #Bid Submittal Form section of the project portal. The request must include the following.
1. Alternative substitute(s) that are domestic and meet the required specifications:
  1. Price of the domestic food alternative substitute(s); and
  2. Availability of the alternative domestic substitute(s) in relation to the quantity ordered.
2. Reason for exception: limited/lack of availability or price (include price):
  1. Price of the domestic food product; and
  2. Price of the non-domestic product that meets the required specification of the domestic product
The Contractor will document exceptions and maintain records of the communications with their food supplier, including emails, documentation of telephone communications, etc. The documentation must be provided to the District to maintain for audit purposes.
MODEL NUMBER CHANGES —
During the term of this contract as items are updated with a newer/current model, the awarded Bidder must notify the Procurement Department with the new equipment specifications and price. If C&I-Curriculum & Instruction A&E/9231 approve the newer/current model, documentation will be placed in the solicitation folder noting the newer/current model as the revised product model for the remainder of the contract term.
ENERGY POLICY AND CONSERVATION ACT —
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (45 U.S.C. 6201).
LABELING —
Each carton, package, box and/or container shall be labeled. Each label shall identify each carton as follows:
1. Name of item.
2. Quantity of item contained.
3. Purchase order number.
4. Company.
SAMPLES —
When required, samples of products shall be furnished with proposal to the District at no charge. Samples may be tested and will not be returned to the respondent. The result of any and all testing shall be made available upon written request.
SILENCE OF SPECIFICATIONS —
The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement.
DAMAGED ITEMS —
In the event an item or items is received, and it is later determined there is concealed damage when the item or items is unpacked, the item or items must be replaced by the awarded Bidder at no cost to the School Board.
RECORDS RETENTION —
Provisions for records retention are addressed under the #General Terms and Conditions section of the project portal and exceed the requirements under 2 CFR, Part 200.333.
INSTALLATION —
Where installation is required, the awarded Bidder shall deliver, set in place, install, make ready to run, and test (test to be accomplished in the presence of an authorized representative of the School Board of Brevard County, Florida). The Bidder shall provide a qualified person, at no extra cost, to assure performance of the item and to make the initial start-up and achieve the successful testing. Upon completion of the successful testing of the item, the authorized representative of the School Board shall accept it. All miscellaneous installation materials shall be included in the Total Turnkey price. The miscellaneous installation materials include the following: conduit, wire, fiber, connectors, fittings, boxes, etc. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Awarded Bidder shall protect the site from damage and shall repair damages or injury caused during the installation by the Bidder or its employees or agents. If any alternation is required to the Building to achieve installation, the awarded Bidder shall promptly restore the structure or site to its original condition. Awarded Bidder shall perform installation work so as to cause the least inconvenience and interference with the School Board and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order.
RETURN OF DISCOUNTS, REBATES, AND CREDITS —
The District shall ensure that the awarded respondent discloses all discounts, rebates, allowances, and incentives received by the respondent from its suppliers. If the respondent receives a discount, rebate, allowance, or incentive from any supplier, the respondent must disclose and return to the District the full amount of the discount, rebate, or applicable credit that is received bases on the purchases made on behalf of the District. All discounts, rebates, allowances and incentives must be credited to the District's nonprofit food service account.
LITERATURE —
Upon request, the respondent shall furnish literature reasonably related to the products or services offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc.
HOLD HARMLESS AND INDEMNIFICATION —
Hold harmless and indemnification are addressed under the #General Terms and Conditions section of the project portal.
BID QUANTITIES —
1. Any quantities shown in this bid are estimates only and in no way obligates the District to purchase any specific amounts. Any estimates are intended as a guide to submitting a bid. All actual quantities purchased under this bid may be more or less than what is shown.
2. The District reserves the right to purchase any additional quantities of the bid item(s) from the awarded Bidder at the bid price or discount for a period of one (1) year from the date of the award of the bid, provided the Bidder is in agreement at time of order.
3. The District is not obligated to place any order with any awarded Bidder participating in this bid. All schools and departments, however, will be urged to refer to catalogs and discounts of participating Bidders in their attempt to fill their requirements at the lowest net prices.
TRAINING —
Unless otherwise specified respondent may be required at the convenience of and at no expense to the District to provide training to District personnel in the operation and maintenance of any item purchased as a result of this solicitation.
SAFETY WARRANTY —
Any successful respondent, including dealers, distributors, and/or manufacturers, shall be responsible for having complied with all Federal, State, and local standards, regulations, and laws concerning the product or service specified, and the use thereof, applicable and effective on the date of manufacture or use or date in service including safety and environmental standards as apply to both private industry and governmental agencies.
METHOD OF ORDERING —
Items shall be ordered via individual purchase orders or by Visa purchasing card on an "as needed" basis for the term of the contract. Invoices must be submitted against each individual purchase order.
CIVIL RIGHTS STATEMENT REQUIRED BY USDA —
The awarded respondent hereby agrees that it will comply with:
1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
2. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).
3. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
4. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).
5. Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189).
6. Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency." (August 11, 2000).
7. All provisions required by the implementing regulations of the Department of Agriculture (USDA) (7 CFR Part 15 et seq.).
8. Department of Justice Enforcement Guidelines (28 CFR Parts 35, 42 and 50.3).
9. Food and Nutrition Service (FNS) directives and guidelines to the effect that, no person shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from USDA; and hereby gives assurance that it will immediately take measures necessary to effectuate this Agreement.
10. The USDA non-discrimination statement that is in accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs).
WARRANTY —
The respondent agrees that, unless otherwise specified, the product and/or service furnished as a result of this solicitation and award thereof shall be covered by the most favorable commercial warranty the respondent gives to any customer for comparable quantities of such products and/or services and that the right and remedies provided herein are in addition to and do not limit any rights afforded to the School Board by any other provision of the solicitation. Respondent warrants the services furnished under an awarded contract shall be free of defective material and workmanship, and shall otherwise perform in accordance with required performance criteria, for a period of one (1) year from the date of acceptance. Equipment provided must include the manufacturer’s warranty, the successful respondent shall fully guarantee all items furnished hereunder against defect in material and workmanship for the manufacturer’s normal period of time from date of acceptance by the District. Should any defect in material or workmanship appear, excepting ordinary wear and tear, during the warranty period, the successful respondent shall repair or replace same at no cost to the District immediately upon written notice from the District. All warranty paperwork shall be included with Deliverables prior to acceptance by the District.
PROHIBITION OF GRATUITIES —
By submission of a response, a contractor certifies that no employee of the School Food Authority (SFA) has or shall benefit financially or materially from such bid or subsequent contract. Any contract issued as a result of this ITB 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.
ORDERS —
Schools, departments and centers of the School Board will issue purchase orders or place order by Visa purchasing card directly to the awarded Bidder(s) for the purchase of Music Instrument Repairs and Related Supplies. The awarded Bidder(s) will be expected to honor these orders according to the discount terms and conditions listed in this solicitation. Each purchase order will be emailed or mailed to the awarded Bidder(s). The order should be reviewed for correct prices, catalog numbers, extensions, etc.
FEMA Requirements —
1. Access to Records
  - The respondent agrees to provide the District, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the respondent which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
  - The respondent agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
  - The respondent agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
  - No language in this solicitation or result contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
2. DHS Seal, Logo, and Flags
  - The respondent shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
3. Compliance with Federal Law, Regulations, and Executive Orders.
  - This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The respondent will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.
4. No Obligation by Federal Government
  - The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
5. Program Fraud and False or Fraudulent Statements or Related Acts
  - The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.
ACCEPTANCE —
Products purchased as a result of this solicitation may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at respondent’s expense. Those items and items not delivered by the delivery date specified in an accepted proposal and/or via a purchase order may be purchased on the open market. Any increase in cost may be charged against the respondent.
EXEMPT FROM THIS BID —
Purchases shall not include items available at lower prices on other School Board bid awards or on Florida State Contracts. Items shall be ordered via individual purchase orders or Visa purchasing card on an "as needed" basis for the term of the contract. Invoices must be submitted against each individual purchase order or receipts must be submitted for each purchase on Visa purchasing card.
OTHER AGENCIES —
1. All respondents awarded contracts from this solicitation may, upon mutual agreement with the successful respondent(s), permit any school board, community college, state university, municipality or other governmental entity, to include public charter schools to participate in the contract under the same prices, terms, and conditions.
2. Further, it is understood that each entity will issue its own purchase order to the successful respondent(s).
SUBSTITUTES —
Unapproved substitutes will not be allowed. If items are not available, the school or department noted on the purchase order must be contacted prior to shipment to determine if a substitute is acceptable.
COLLUSION —
The School Board of Brevard County, Florida reserves the right to disqualify proposals upon evidence of collusion with intent to defraud, or other illegal practices to include circumventing or manipulating the process in a manner that conflicts with applicable law, upon the part of the respondent(s), respondent’s employees or agents, the District’s Professional Consultant(s), or Consultant’s agents, or any District employee(s) who may, or may not, be involved in the development of specifications and/or firm schedules. Multiple proposals from an individual, partnership, corporation, association (formal or informal) or respondent under the same or different names shall not be considered. Reasonable grounds for believing that a respondent has interest in multiple proposals for the same work shall be cause for rejection of all proposals in which such respondent is believed to have an interest. Any and/or all proposals shall be rejected if there is any reason to believe that collusion exists among one or more of the respondents, the District’s Professional Consultant(s), or District employees. Respondents involved in developing a specification or respondents with knowledge of specifications prior to an advertisement shall be disqualified from participating in the solicitation process.
STANDARDIZATION OF ITEMS —
Some items have been standardized by the School Board’s C&I-Curriculum & Instruction A&E/9231 Department; these items are indicated on the price sheet as “ONLY” along with the Manufacturer’s name and part number, allowing no alternate bids. Where there is no Manufacturer, model or part number indicated, just the description, please supply us with the Manufacturer name, model and part number you are bidding along with descriptive literature if required.
LIQUIDATED DAMAGES
MINIMUM SPECIFICATIONS —
The specifications listed in the Scope of Services are the minimum required performance specifications for this solicitation. They are not intended to limit competition nor specify any particular respondent, but to ensure that the District receives quality services.
NO DAMAGES FOR DELAY —
Bidder is not entitled to any additional compensation or increase in the contract sum for direct, indirect, impact, or any other damages arising because of any hindrance or delays caused by the owner or any other cause whatsoever. Bidder’s only remedy for delay, not caused or exacerbated by the Bidder, shall be an extension of time to complete the Bidder’s scope of work. Any extension of time shall be granted at the sole discretion of the School Board, and if granted, shall be in the form of additional days added to the contract.
FORCE MAJEURE —
The District and the respondent will exercise every reasonable effort to meet their respective obligations as outlined in this solicitation and the ensuing contract, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law or regulation, acts of God, acts or omissions of the other party, government acts or omissions, fires, strikes, national disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred. Force Majeure will include epidemics and quarantine restrictions as acts of God and governmental law and regulation.
BARRICADES —
The Bidder shall provide all barricades and take all necessary precautions to protect building and personnel. All work shall be complete in every respect and accomplished in a workmanlike manner and Bidder shall provide for removal of all debris from the School Board.
RESPONDENT’S PERSONNEL —
The respondent shall be responsible for ensuring that its employees, agents, and subcontractors comply with all applicable laws and regulations and meet all federal, state, and local requirements related to their employment and position.
The respondent certifies that it does not and will not during the performance of the contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986, as amended.
During the performance of the contract, the respondent agrees to the following:
The respondent shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap, or national origin, except when such condition is a bona fide occupational qualification reasonably necessary for the normal operations of the respondent. The respondent agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
The respondent, in all solicitations or advertisements for employees placed by or on behalf of the respondent, shall state that such respondent is an Equal Opportunity Employer.
Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.
The respondent shall include the provisions of the foregoing paragraphs above in every subcontract or purchase order so that the provisions will be binding upon each respondent.
The respondent and any subcontractor shall pay all employees working on this contract not less than minimum wage specified in the Fair Labor Standards Act (29 CFR 510-794) as amended.
Any information concerning the District, its products, services, personnel, policies or any other aspect of its business learned by the respondent or personnel furnished by the respondent in the course of providing services pursuant to an agreement, shall be held in confidence and shall not be disclosed by the respondent or any employee or agents of the respondent or personnel furnished by the respondent, without the prior written consent of the District.
PALLETIZE —
Shipment(s) must be palletized. Pallets are available for exchange at the time of delivery, if required.
KEY PERSONNEL —
Respondent’s Key Personnel (if any) shall be identified in the proposal, and may include employees, agents, subcontractors, or other personnel of the respondent. The respondent agrees that in the event it becomes necessary for the respondent to change Key Personnel while performing Services under an awarded contract, substitution of Key Personnel shall take place only upon the District’s prior written consent. Failure to notify the District prior to the change of Key Personnel, or a substantial change in Key Personnel as determined by the District, may be sufficient cause for Termination.
DELIVERY TERMS —
Initial delivery of Music Instrument Repairs and Related Supplies, as specified herein, shall be within 45 calendar days from the date of receipt of the purchase order.
DELIVERY CHARGES
Bid price must include all delivery charges.
HOURS OF DELIVERY
Deliveries shall be made between the hours of 8:00 a.m. and 3:00 p.m. except on Saturdays, Sundays, or holidays when all school buildings and Distribution Services are closed.
NOTIFICATION OF DELIVERY
The School Board Representative must be notified at least twenty-four (24) hours in advance of delivery.
C&I-Curriculum & Instruction A&E/9231
Telephone (321) 633-1000.
MINIMUM ORDERS
Items shall be ordered as needed. There shall be no minimum amount to be delivered at one time.
F.O.B. TERMS
All deliveries shall be Free on Board (F.O.B.) Destination, Freight Prepaid and Allowed; as defined by the National Institute of Governmental Purchasing, Inc. (https://www.nigp.org/dictionary-of-terms):
Free on Board (F.O.B.) Destination
The point at which a title changes hands from the supplier to the buyer at the destination of the shipment when the buyer signs for the goods. The supplier owns the goods in transit, assumes responsibility for carrier selection, and files any claims for damages incurred during this period. F.O.B. destination does not address the responsibility for the cost of transportation (freight charges), which must be specified with the inclusion of additional language.
Free on Board (F.O.B.) Destination, Freight Prepaid and Allowed
The point at which a title passes is at destination, and the seller pays the freight.
F.O.B. DESTINATION POINT
The F.O.B. destination point for this contract and for all purchases made under it shall be as specified by the using school/department of the School Board. Delivery will not be complete until the using school/department has accepted each item. Delivery to a common carrier shall not constitute delivery to the ordering school/department. All disputes shall be between the seller/Bidder and the carrier.
TERMS & CONDITIONS —
The terms and conditions contained in this solicitation shall apply to all Purchase Orders issued under this solicitation unless the District specifically details other terms on the Purchase Order. The District and the respondent should take care to ensure that project specific changes to these terms are as explicit as possible. All inconsistencies will be resolved in the best interests of the District.
MEASUREMENTS —
The linear footage noted is only estimates. Bidders will be responsible for their own measurements and must submit a firm price accordingly. There will be no adjustments, for increase or decrease of footage required for the job; therefore, the total bid must be based on the accurate measurements by Bidders during inspection. Failure to do so will be at the Bidder's risk. Any request for unit price on the bid price sheet is for information only. Award shall be based solely on "Total Bid per Lot."
ADVERTISING —
The successful respondent shall not publicly disseminate any information concerning the resulting contract without prior written approval from the District, including, but not limited to mentioning the contract in a press release or other promotional material, identifying the District, Individual Departments, District Personnel, as a reference, or otherwise linking the District’s name and either a description of the contract or the name of the District, its departments, or employees, in any material published, either in print or electronically, to any entity that is not a party to the contract, except potential or actual authorized subcontractors, distributors, dealers, resellers, or service representatives.
SECURITY AND CONFIDENTIALITY —
The successful respondent shall comply fully with all security procedures of the District in performance of the contract. The successful respondent or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the District. The successful respondent shall not be required to keep confidential information or material that is publicly available through no fault of the successful respondent, material that the successful respondent developed independently without relying on the District’s confidential information or material that is otherwise obtainable under Florida law as a public record. To insure confidentiality, the successful respondent shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the contract.
DEFINITION OF RESPONSIVE AND RESPONSIBLE FOR THIS BID —
1. Each bid submittal shall be evaluated for conformance as responsive and responsible using the following criteria:
2. Proper submittal of ALL documentation as required by this solicitation. (Responsive)
3. The greatest benefits to the School Board as it pertains to: (Responsible)
  1. Total Cost.
  2. Delivery.
  3. Past Performance. In order to evaluate past performance, all Bidders are required to submit:
    1. A list of references with the bid and;
    2. List at least three (3) recent references where the proposed product/service has been used within the past year.
4. All technical specifications associated with this solicitation.
5. Submittal of Exhibit "A" Bid Form.
6. Bidders are reminded that award may not necessarily be made to the lowest bid. Rather, award will be made to the lowest responsive, responsible, Bidder whose bid represents the best overall value to the School Board when considering all evaluation factors.
TOBACCO —
The School Board prohibits the use of tobacco products on school grounds, in school buildings and facilities, on school property, or at school-related or school-sponsored events. Refer to Board Policy 3215 - Tobacco Use.
CONTRACT —
1. The contents of this solicitation and all provisions of the Bidder’s Acknowledgement Form shall be considered a contract and become legally binding. A separate contract document, other than the purchase order(s), will not be issued.
2. The Director of Procurement & Distribution Services, Superintendent, and Board Chair are the sole Contracting Officers for the School Board, and only they or their designee are authorized to make changes to any contract.
3. The School Board shall be responsible for only those orders placed by the schools/departments on an authorized signed purchase order or Visa purchasing card. The School Board shall not be responsible for any order, change substitution or any other discrepancy on the purchase order or card charges. If there is any question about the authenticity of a purchase order, card charge or change order, the Bidder should promptly contact the Procurement Department.
4. The School Board hereby notifies interested parties that the purchasing agreements and state term contracts, available under s. 287.056 of the Department of Management Services will be reviewed for the subject of the award recommendation of this solicitation.
PAYMENT TERMS —
1. Payment Terms are identified in the ITB General Terms & Conditions.
2. INVOICING - The awarded Bidder will be required to submit invoices and reference purchase order numbers on all requests for payment. All statements must reference valid School Board purchase order numbers. Invoices shall be mailed directly to the “bill to” as listed on the purchase order. A separate invoice must be received for each purchase order number. Payment for partial shipments shall not be made unless specified in the terms of this solicitation or a School Board purchase order. Invoices, which do not reference valid School Board purchase order numbers or which are erroneous (incorrect contract prices, minimum order charges, etc.) shall be returned to the Bidder for resolution of the discrepancies. It is the sole responsibility of the Bidder to reconcile the purchase order and the Bidder’s invoice and to notify the Procurement representative of any discrepancies prior to billing. The School Board will only pay the dollar amounts authorized on the purchase order.
3. The Bidder represents and agrees that information submitted in support of its requests for payment is the basis of payment and is true and accurate to the best knowledge of the responsible signatory. A violation of this provision shall subject the violator to the provisions of Section 68.082, Florida Statutes, pertaining to false claims against the State, and/or Section 837.06, Florida Statutes, pertaining to false official statements.
4. PARTIAL PAYMENT - Partial payments in the full amount of the value of items received and accepted may be requested by the submission of a properly executed invoice with support documents if required.
5. PAYMENT DISCOUNTS - A bid price submitted indicating a discount if an invoice is paid within a certain number of days from the date of the invoice cannot be considered as a basis for the solicitation evaluation. All bid prices must be net and not contingent on terms.
SCHOOL SECURITY —
Respondent acknowledges and understands that the goods or services contemplated under this solicitation that are delivered to or performed on school grounds, which may at various times be occupied by students, teachers, parents, and school administrators. Accordingly, in order to secure the schools, protect students and staff, and otherwise comply with applicable law, the respondent (successful respondent) agrees to the following provisions and agrees that the failure of the respondent to comply with any of these provisions may result in the termination of a resulting contract by the District:
1. Unauthorized Aliens. The District considers the employment of unauthorized aliens by the successful respondent, or any of successful respondent’s sub-contractors, a violation of the Immigration and Naturalization Act. The successful respondent shall certify that no unauthorized aliens are working on the project site at any time. If it is determined that an unauthorized alien is performing services, the successful respondent shall immediately take all steps necessary to remove such unauthorized alien from the property and the project.
2. Possession of Firearms. Possession of firearms is not permitted on District property. No person who has a firearm in his/her vehicle may park his/her vehicle on District property. If any employee/independent contractor of the successful respondent, or any of its sub-contractors, is found to have brought a firearm(s) on to District property, said employee/independent contractor shall be immediately removed and terminated from the project by the successful respondent. If a sub-contractor fails to terminate said employee/independent respondent, the successful respondent shall terminate its agreement with the sub-contractor. If the successful respondent fails to terminate said employee/independent contractor or fails to terminate the agreement with a sub-contractor who fails to terminate said employee/independent contractor, the District may terminate any awarded contract. “Firearm” means any weapon (including a starter gun or antique firearm) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any destructive devise, or any machine gun. Powder actuated construction nailers and fasteners are excluded from this definition.
3. Criminal Acts. Employment on the project by the successful respondent, or any of its sub-contractors, of any employee, or independent contractor, with any prior convictions of any crimes against children, crimes of violence, or crimes of moral turpitude will not be tolerated. If it is determined that any person with such criminal history is on the project site, the successful respondent agrees to take all steps necessary to remove such person from the project. The District shall have the right to terminate an awarded contract if the successful respondent does not comply with this provision.
4. Possession/Use/Under the Influence of Mind Altering Substances. Possession/use and/or being under the influence of any illegal mind altering substances, such as, but not limited to alcohol and/or substances delineated in Chapter 893, Florida Statutes, by the successful respondent’s employee/independent contractor or its sub- contractor’s employees/independent contractors, will not be tolerated on District property. If any employee/independent contractor is found to have brought and/or used or is under the influence of any illegal mind altering substances as described above on District property, said employee/independent contractor shall be removed and terminated from the project by the successful respondent. If a sub-contractor fails to terminate said employee/independent contractor, the agreement with the sub-contractor for the project shall be terminated by the successful respondent. If the successful respondent fails to terminate said employee/independent contractor of fails to terminate the agreement with the sub-contractor or fails to terminate the agreement with the sub- contractor who fails to terminate said employee/independent contractor, the District may terminate an awarded contract.
5. Compliance with the Jessica Lunsford Act. Florida Statutes require that all persons or entities entering into contracts with the School Boards/School Districts/Charter Schools who may have personnel who will be on school grounds when students may be present, or who will have contact with students shall comply with the Level 2 screening requirements of the Florida Statutes and School Board policies. The required Level 2 screening includes fingerprinting that must be conducted by the District. Any individual who fails to meet the screening requirements shall not be allowed on school grounds. Failure to comply with the screening requirements will be considered a material default of an awarded contract. The cost of this Level 2 screening shall be borne by the successful respondent.
FERPA —
To the extent services provided hereunder pertain to the access to student information, Respondent shall adhere to all standards included in the Family Educational Rights and Privacy Act (FERPA) and Sections 1001.41 and 1002.22, Florida Statutes (the Protection of Pupil Privacy Acts), and other applicable laws and regulations as they relate to the release of student information.
DAMAGES TO RENTAL EQUIPMENT —
Rental Bidders agree to purchase such insurance, as they consider necessary to protect their equipment from damage or destruction during the term of this contract for rental of equipment. Rental Bidders also agree that the School Board shall have no obligation for payment of damages of any nature to equipment provided with or without an operator unless clear and convincing evidence demonstrates that gross negligence of either the School Board or its employees acting within the scope of their employment was the direct cause of such damage or destruction.
Rental Bidders further understand and agree that no employee of the School Board other than the Superintendent or School Board Chairman is authorized to sign any rental or other agreement that contains terms and conditions other than those contained in this solicitation, and that any signature of a School Board employee other than the Superintendent or School Board Chairman shall be interpreted as the School Board’s acknowledgement of delivery only.
PAYMENT TERMS —
1. The District will remit full payment on all undisputed invoices within forty-five (45) days from receipt by the appropriate person(s) (to be designated at time of contract) of the invoice(s) or receipt of all products or services ordered.
2. Pursuant to Chapter 218, Florida Statutes, the District will pay interest not to exceed one percent (1%) per month on all undisputed invoices not paid within forty-five (45) days after receipt of the entire order of the commodity or service, and a properly completed invoice, whichever is later.
3. The District has the capabilities of Electronic Fund Transfer (EFT). List discounts, if any, for payments through Electronic Funds Transfer (EFT).
4. By submitting a proposal to the District, the respondent expressly agrees that if awarded a contract, the District may withhold from any payment, monies owed by the respondent to the District for any legal obligation between the respondent and the District.
5. The District shall pay such invoices pursuant to the provisions of the Local Government Prompt Payment Act (Sections 218.70 – 218.80, Florida Statutes.)
SAFETY —
The Bidder shall take the necessary precautions and bear the sole responsibility for the safety of the methods employed in performing the work. The Bidder shall at all times comply with the regulations set forth by federal, state, and local laws, rules, and regulations concerning "OSHA" and all applicable state labor laws, regulations, and standards. Bidder shall take all necessary precautions to ensure all materials provided do not include Asbestos. The Bidder shall indemnify and hold harmless the School Board from and against all liabilities, suits, damages, costs, and expenses (including attorney's fees and court costs) which may be imposed on the School Board because of the Bidder, sub-contractor, or supplier's failure to comply with the regulations.
WAGE PRICE REDETERMINATION —
1. The Bidder may petition the Director of Procurement & Distribution Services, or the designee, for price redetermination within sixty (60) days of the expiration of each term or on the anniversary date of the contract, whichever is specified elsewhere in this Bid. Any price redetermination will be solely based upon changes as documented by the Employment Cost Index (ECI) as published by the Bureau of Labor Statistics. The base index number will be the base for the first quarter of 2008 (most recent published quarter). The initial redetermination index number will be the index for the first quarter of 2009 (one year after most recent published quarter). Refer to Employment Cost Index, Table 5, for total compensation private industry workers, by industry and occupational group @ www.bls.gov/news.release/eci.t05.htm. The base figure will be tied to Trade, transportation, and utilities under the heading Service Providing Industries. The base figure for service for first quarter 2008 is 106.1. The difference will be the maximum percentage increase allowed. This percentage will be applied to both the rate paid to the Bidder’s employee and the billed rate. [Example: First Quarter 2012 Index = 103.1, First Quarter 2013 Index = 106.1: therefore, the maximum increase = 106.1 – 103.1 = 3%].
2. For all periods after the first year the First Quarter indexes will be used.
3. If the federal government increases the minimum wage during the term of the contract and any renewal, the Bidder may petition the Director of Procurement & Distribution Services for price redetermination for those job categories where the pay to the Bidder’s employee is the current minimum wage. The School Board will grant an increase of exactly the amount of the minimum wage increase [not the percentage increase]. The Bidder must increase the pay to the employee by the amount the Bidder wants increased. The amount paid to the Bidder will be the increase plus any written and documented increase in FICA, Medicare, and Workers' Compensation insurance. The Bidder must supply written documentation of any other increase that is beyond the scope and control of the Bidder. All written documentation must satisfy the reasonable expectations of the School Board.[Example: minimum wage increases from $5.75 to $6.00 per hour. The Bidder’s Bid amount for category X to the employee is $5.75, and the billed rate is $6.60. The Bidder may petition for an increase of $0.25 per hour to be paid to the employee and a billed rate of $6.85 + written and documented cost increases for FICA, Medicare and Workers' Compensation.]
4. If the School Board and the Bidder cannot agree on the price redetermination, then the contract will expire without prejudice. The School Board reserves the right to award any classification(s) from an expired contract to the next lowest responsive and responsible Bidder that is still under contract.
5. If the Bidder bills the School Board at a higher price according to any price redetermination granted by the School Board, and the Bidder fails to increase the hourly rate paid to the employee for the same period, the Bidder will be considered in contract default and the contract will be immediately terminated.
CONFLICT OF INTEREST FORM —
All respondents shall complete the attached disclosure form of any potential conflict of interest that the respondent may have due to ownership, other clients, contracts, or interest associated with this project.

PRICE REDETERMINATION (FUEL) —

The Bidder may petition the Director of Procurement & Distribution Services for price redetermination if/when the price of fuel increases by a minimum of ten (10%) percent. Any price redetermination will be solely based upon changes as documented by the Producer Price Index (PPI) for the commodity “Gasoline - WPU0571” or “#2 diesel fuel - WPU057303” as published by the Bureau of Labor Statistics, which can be found on-line at http://stats.bls.gov. The base index number will be the month of April 2008 (Most recent non preliminary month). Subtracting the base index number from the current index number and dividing the result by the base index number calculates the maximum percentage increase allowed. Any price redetermination will include all items awarded. If the School Board and the Bidder cannot agree on any price redetermination, then the contract will expire. Bidders shall provide documentation to illustrate what percentage of the price is related to fuel, as the increase shall be calculated based upon the percentage of the cost associated to the cost of fuel (see example below). Failure to provide the detailed cost analysis with each request for a price redetermination due to fuel price escalation shall preclude any price redetermination due to fuel costs.

Example:

Fourteen (14%) percent of the cost to provide product/service is attributed to the cost of fuel.
PPI in the month the solicitation closed was $281.40	$300.00
Current PPI is $300.00	-$281.40
	$18.60
$18.60 divided by $281.40 = .066%
The unit cost of the product/service is $100.00
14% of $100.00 = $14.00
$14.00 x .066% = $.92
New unit price for the product/service is $100.92

If the School Board grants an increase in the contract price based upon increases in gasoline and/or diesel prices, then the Board may also adjust the contract price downward if the cost of gasoline and/or diesel decreases by ten percent (10%) or more from the date of the last increase in the contract price.

This clause may be used in addition to any other price redetermination clause in this invitation.

If the School Board and the Respondent cannot agree on any price redetermination, then the contract will expire without prejudice 30 (thirty) days after the impasse is reached.

LICENSES AND CERTIFICATES —
1. The District reserves the right to require proof that the respondent is an established business and is abiding by the ordinances, regulation, and the laws the State of Florida, such as but not limited to: Business Tax Receipts, business licenses, Florida sales tax registration, Federal Employers Identification Number, AND;
2. Each respondent and personnel who will be performing services on behalf of the respondent for the District are to be properly licensed to do business in its area of expertise in the State of Florida. Each respondent shall submit, with its proposal a copy of, and maintain the appropriate licenses and certificates during the term of the contract and any extensions. Failure to maintain these requirements shall be cause for immediate termination of an awarded contract.

PRICE REDETERMINATION (PPI) —

The Bidder may petition the Director of Procurement & Distribution Services for price redetermination within sixty (60) days of the expiration of each term of the contract or on the anniversary date of the contract, whichever is specified elsewhere in this Bid. The School Board may also petition the Bidder under the same guidelines. Any price redetermination will be solely based upon changes as documented by the Producer Price Index (PPI) for the commodity “Aluminum sheet and strip – PCU331315331315A” as published by the Bureau of Labor Statistics which can be found on-line at http://stats.bls.gov. The base index number will be the month of March 2008. The initial redetermination index number will be the index for March 2009 as published in May 2009. Subtracting the base index number from the current index number and dividing the result by the base index number calculates the maximum percentage increase allowed. For all periods after the first year, subsequent March indexes will be used. Any price redetermination will include all items awarded. *Buyer may need to list multiple commodities from the PPI – this depends upon the variety and scope of items included in this ITB.

Bidders shall provide documentation to illustrate what percentage of the price for the product/service is related to the commodity, as the increase shall be calculated based upon the percentage of the cost associated to the cost of the commodity (see example below). Failure to provide the detailed cost analysis with each request for a price redetermination due to commodity price escalation shall preclude any price redetermination requests relating to commodity costs.

Example:

Eighty-six (86%) percent of the cost to provide product/service is attributed to the cost of the commodity.
PPI in the month the solicitation closed was $193.90	$300.00
Current PPI is $300.00	-$193.90
	$18.60
$106.10 divided by $193.90 = .547%
The unit cost of the product/service is $100.00
86% of $100.00 = $86.00
$86.00 x .547% = $47.04
New unit price for the product/service is $147.04

If the School Board grants an increase in the contract price based upon increases in the PPI Index, then the Board may also adjust the contract price downward if the PPI Index decreases by ten percent (10%) or more from the date of the last increase in the contract price.

This clause may be used in addition to any other price redetermination clause in this invitation.

If the School Board and the respondent cannot agree on any price redetermination, then the contract will expire without prejudice 30 (thirty) days after the impasse is reached.

TAXES —
The School Board of Brevard County, Florida is exempt from Federal and State Sales and Use Tax for Tangible Personal Property. Florida State Exemption Certificate No. 85-8012621745C-3. A copy of the District’s Tax Exempt Certificate is available upon request and on the District’s website at www.Brevardschools.org. Respondents doing business with the District shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the District, nor shall any respondent be authorized to use the District's Tax Exemption Number in securing such materials.
PRICE REDETERMINATION —
Prices for the Goods or Services listed in this submittal shall remain unchanged for twelve (12) months following the Award Date of the Contract. The Bidder may petition the Director of Procurement & Distribution Services for price redetermination within sixty (60) days following the anniversary of the Award Date of the contract. During this sixty (60) day period, the Contractor may submit a request in writing to the Director of Procurement Services for a price adjustment that is consistent with and relative to price changes originating with and compelled by manufacturer and/or market trends and which changes are outside of the Bidder’s control. The Bidder must fully document its request, attaching to the request, without limitation, such manufacturer and market data, as support for the requested adjustment. The Office of Procurement Services may, in its sole discretion, approve or disapprove the requested adjustment, in whole or in part. The School Board may also petition the Bidder under the same guidelines. Any approved adjustment shall be final and shall remain unchanged until the next annual anniversary date of the Contract award.
AMERICANS WITH DISABILITIES ACT OF 1990 —
Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations to attend public openings or meetings sponsored by the School Board of Brevard County, shall contact Procurement & Distribution Services at 321-633-1000, at least five (5) days prior to the scheduled opening or meeting.
PATENTS, COPYRIGHT, AND ROYALTIES —
The respondent, without exception, shall indemnify and save harmless the School Board, its officers, agents and employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, registered, patented, or unpatented invention, process, or article manufactured or used in the provision of goods and/or services, including use by the District. If the respondent uses any design, device, or materials covered by letters, patent, copyright, or registration, it is mutually agreed and understood without exception that the quoted price shall include all royalties or costs arising from the use of such design, device, or materials in any way involved. The District reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize other to use, for District purposes: (a) The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (b) Any rights of copyright to which a grantee, sub grantee or contractor purchases ownership with grant support. 7 CFR 3016.36(i) (9) The District reserves a royalty- free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize other to use, for District purposes patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. 7 CFR 3016.36(i) (8).
MATERIAL SAFETY DATA SHEET —
In accordance with Chapter 487 of the Florida Statutes, it is the Bidder's responsibility to identify and to provide to the Office of Procurement & Distribution Services and the Office of Environmental Health and Safety a Material Safety Data Sheet for any material, as may apply to this procurement.
PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES —
In accordance with Section 287.135, Florida Statutes, “A company that, at the time of submitting a proposal for a new contract or renewal of an existing 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, is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more.” Section 215.473, Florida Statutes, defines a company to include “all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations that exists for the purpose of making profit.” By submitting a proposal to this solicitation, a respondent certifies that it and those related entities of respondent as defined above by Florida law are not 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 Section 215.473, Florida Statutes. Any respondent awarded a contract as a result of this solicitation shall be required to recertify at each renewal of the contract that that it and its related entities are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. The District may terminate any contract resulting from this solicitation if respondent or a related entity as defined above is found to have submitted a false certification or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Notwithstanding the preceding, the District reserves the right and may, in its sole discretion, on a case by case basis, permit a company on such lists to be eligible for, propose on, submit a proposal for, or enter into or renew a contract, should the District determine that the conditions set forth in Section 287.135(4), Florida Statutes, are met.
BIDDER'S PERSONNEL —
During the performance of the contract, the Bidder agrees to the following:
1. The Bidder shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap or national origin, except when such condition is a bona fide occupational qualification reasonably necessary for the normal operations of the Bidder. The Bidder agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
2. The Bidder, in all solicitations or advertisements for employees placed by or on behalf of the Bidder, shall state that such Bidder is an Equal Opportunity Employer.
3. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.
4. The Bidder shall include the provisions of the foregoing paragraphs A, B, and C, above, in every subcontract or purchase order so that the provisions will be binding upon each Bidder.
5. The Bidder and any sub-contractor shall pay all employees working on this contract not less than minimum wage specified in the Fair Labor Standards Act (29 CFR 510-794) as amended.
6. Any information concerning the School Board, its products, services, personnel, policies or any other aspect of its business learned by the Bidder or personnel furnished by the Bidder in the course of providing services pursuant to the Agreement, shall be held in confidence and shall not be disclosed by the Bidder or any employee or agents of the Bidder or personnel furnished by the Bidder, without the prior written consent of the School Board.
7. All employees assigned by the Bidder to the performance of work under this contract shall be physically able to do their assigned work. It shall be the Bidder’s responsibility to ensure that all employees meet the physical standards to perform the work assigned and are free from communicable diseases. This requirement also includes acceptable hygiene habits of Bidder’s employees.
8. The personnel employed by the Bidder shall be capable employees, age 18 years or above, qualified in this type of work.
9. It is the Bidder’s responsibility to ensure that all employees are legally allowed to work in the United States in accordance with Immigration Policies.
10. The Bidder’s employees shall be required to dress neatly, commensurate with the tasks being performed.
11. All School Board facilities are tobacco free. The School Board prohibits the use of tobacco in school buildings. Such prohibition also applies on school grounds, on school buses, and/or at any school-related event. Refer to Board Policies, 3215 - use of tobacco on school premises.
12. It is the Bidders responsibility to see that every employee on the Bidder’s work force is provided and wears an Identification Badge or company shirt/uniform in order to maintain security at the school’s facility. It shall be Bidder’s responsibility to inform the School Board Representative(s) of all new employees promptly at time of employment. All visitors, including volunteers and Bidders, are to check in and out with the front office using the applicable software and must wear a badge indicating their visitor status. Refer to Board Policies, 9150 – School Visitors.
13. The Bidder shall require employees to be dressed in their appropriate work attire when reporting for duty.
14. The Bidder shall prohibit their employees from disturbing papers on desks, opening desk drawers or cabinets, or using telephone or office equipment provided for official use.
15. The Bidder shall require their employees to comply with the instructions pertaining to conduct and building regulations, issued by duly appointed officials, such as the building managers, guards, inspectors, etc.
16. The School Board’s Representative(s) will determine how the Bidder will receive access to the facility.
17. If keys are provided and lost, the Bidder will be responsible for any and all costs associated with replacement keys and re-keying of the facility.
18. When requested, the Bidder shall cooperate with any ongoing SCHOOL BOARD investigation involving economic loss or damage to SCHOOL BOARD buildings, or SCHOOL BOARD or personal property therein. The SCHOOL BOARD reserves the right to require any employee of the Bidder to submit to a polygraph test if the SCHOOL BOARD has a reasonable suspicion that the employee is or was involved in the incident or activity under investigation. The Bidder shall obtain a waiver from the employee authorizing the release to the SCHOOL BOARD of information acquired by the Bidder from the polygraph test. The SCHOOL BOARD, at its discretion, may require that the Bidder immediately remove the employee under investigation from working within SCHOOL BOARD buildings for the following reasons: 1) The employee’s refusal to submit to a polygraph test in the above circumstances, or 2) an employee’s refusal to sign the waiver referenced above or 3) an analysis of the polygraph test indicates that the employee is or was involved in the incident under investigation. If the test results show involvement on the part of the Bidder’s employee, the Bidder will be obligated to cover the cost of the examination. If the test results indicate that the Bidder’s employee was not involved in the incident, when the SCHOOL BOARD will pay for the cost of the examination.
19. CONTROLLED SUBSTANCE OR ALCOHOL ABUSE ON SCHOOL BOARD PROPERTY: The Bidder(s) is hereby notified that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or alcohol is prohibited on any School Board property, or at any school board activities. Violations may subject the Bidder and/or the Bidder’s employee(s) to prosecution, fines, imprisonment and/or cancellation of this or any other contract(s) that this Bidder presently holds. The Bidder(s) are required by this School Board to take appropriate disciplinary action in such cases and/or require that the employee(s) satisfactory participation in a rehabilitation program.
20. Any Bidder’s employee convicted of violating a criminal drug statute in the workplace must report the conviction to the employer within five (5) workdays. Bidders (Employers) are required to report such convictions to the School Board within ten (10) workdays of receiving this information.
21. The School Board is committed to the education and safety of its students and employees. To that end, any Bidder awarded a contract will be required to assure that the personnel assigned to the project, do not possess criminal records that would violate the School Board’s standards for employment as set forth by the Florida Department of Education. Each Bidder must certify that the company and its employees are or will be in compliance with those standards for the project awarded.
22. The Bidder shall strictly prohibit interaction between their employees and the student(s).
23. Bidder’s employees may not solicit, distribute or sell products while on School Board property.
24. Friends, visitors or family members of the Bidder’s employees are not permitted in the work area.
25. The Bidder shall adhere to all of the School Board’s security standards.
BANKRUPTCY/INSOLVENCY —
At the time of bid submittal, Bidder shall not be in the process of or engaged in any type of proceedings in insolvency or bankruptcy, either voluntary or involuntary, or receivership proceedings. If the Bidder is awarded a contract for six (6) months or longer, and files for bankruptcy, insolvency or receivership, the School Board may, at its option, terminate and cancel said contract, in which event all rights hereunder shall immediately cease and terminate.
VENDOR STATUTORY COMPLIANCE —
Governmental entities of the State of Florida are prohibited from entering into, amending, extending, and renewing certain contracts and agreements with entities of foreign countries of concern, pursuant to Section 287.138, Florida Statutes, and with business entities that engage in forced labor and human trafficking practices, pursuant to Sections 287.1346, and 786.06, Florida Statutes. Pursuant to Contractor’s executed Affidavit, Contractor attests that it is not affiliated with, and it is not, an entity of foreign countries of concern, pursuant to Section 287.138, Florida Statutes, and that Contractor does not engage in forced labor and human trafficking practices as defined in Sections 287.1346, and 786.06, Florida Statutes.
FLORIDA DEPARTMENT OF STATE, DIVISION OF CORPORATIONS REGISTRATION REQUIREMENTS —
Respondents 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 screen shot of their “active” status. All registered respondents must have an active status in order to be eligible to do business with the District. Respondents doing business under a fictitious name, on page 1, must submit their offer using the company’s complete registered legal name; example: ABC, Inc. d/b/a XYZ Company. To register with the State of Florida, visit: www.Sunbiz.org.
BID BOND —
A Bid Bond in the amount of _________________ dollars, payable to the School Board, is required for this Solicitation. The Bid bond can be in the form of a bond, cashier’s check or irrevocable letter of credit (ILOC). The bond shall be issued by an agency authorized to do business in the State of Florida and with a rating of "A" or higher as listed in the A.M. Best & Company latest published rating guide. The bond, cashier’s check or ILOC shall not expire until the contract is awarded and shall guarantee that (1) a Bidder shall not withdraw its bid after the closing time and date of this bid, or (2) the awarded Bidder shall promptly execute a Contract and deliver any required specifications required by the School Board prior to start-up of the Contract. The bond, cashier’s check or ILOC will be invoked by the School Board to ensure payment of the Bidder of damages incurred by withdrawal of a bid, or failure to enter into a contract after award. Bid bonds, without interest, will be returned upon receipt of appropriate insurance documents and/or a Performance Bond, if applicable.
PERFORMANCE BOND AND PAYMENT BOND —
If the project cost is $200,000 or more, a performance and payment bond shall be required. The awarded Bidder shall furnish within ten (10) days of notification of award a Performance Bond and a Payment Bond in the amount of 100% of the contracted price, payable to the School Board as security for the faithful performance of the Contract. The Performance Bond may be in the form of a bond, cashier’s check or Irrevocable Letter of Credit (ILOC). The bond shall be issued by an agency authorized to do business in the State of Florida with a rating of “A” or higher, as listed in the A.M. Best & Company latest published rating. An attorney in fact who signs a Performance Bond must file with the bond a certified copy of his/her power of attorney to assign said bond. It is the Bidder’s responsibility to have the Performance & Payment Bonds recorded with the Brevard County Clerk of Courts and a copy returned to the Procurement Representative with a receipt showing the bonds have been recorded. The awarded Bidder, upon failure or refusal to furnish within ten (10) days of notification the required Performance Bond, shall pay to the School Board, as liquidated damages for such failure or refusal, an amount in cash equal to the Bid Bond.
Should the awarded Bidder not enter into a Contract or upon cancellation of the Contract, the School Board reserves the right to obtain services on the open market as required without competition and for such time until a new solicitation can be advertised, received, evaluated, and a Contract awarded.
PUBLIC RECORD —
The District is governed by the Public Records Law, Chapter 119, Florida Statutes. Pursuant to Chapter 119, Florida Statutes, only trade secrets as defined in Section 812.081, Florida Statutes, and Section 119.071(1)(c), Florida Statutes, shall be exempt from disclosure. The Florida Legislature enacted Section 119.0701, Florida Statutes, which requires that all contractors comply with Florida’s public record laws with respect to services performed on behalf of the District. Specifically, the statute requires that contractors:
1. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service.
2. Provide the public with access to public records on the same terms and conditions that a public agency would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.
4. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with the information technology systems of the District.
5. The failure of the successful Respondent to comply with the provisions set forth in this Article, if applicable, shall constitute a default and material breach of the resulting contract, which may result in immediate termination, with no penalty to the District.
6. IF THE RESPONDENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RESPONDENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 321-633-1000 ext. 11453.
  RECORDSREQUEST@BREVARDSCHOOLS.ORG. THE SCHOOL BOARD OF BREVARD COUNTY, FLORIDA, 2700 JUDGE FRAN JAMIESON WAY, VIERA, FL 32940.
GOVERNING LAWS AND VENUE —
All legal proceedings brought in connection with an awarded contract shall only be brought in a state or federal court located in the State of Florida. Venue in state court shall be in Brevard County, Florida. Venue in federal court shall be in the United States District Court, Middle District of Florida, Orlando Division. Each respondent agrees to submit to the personal jurisdiction of these courts for any lawsuits filed there against such party arising under or in connection with an awarded contract. In the event that a legal proceeding is brought for the enforcement of any term of the contract, or any right arising there from, the parties expressly waive their respective rights to have such action tried by jury trial and hereby consent to the use of non-jury trial for the adjudication of such suit. All questions concerning the validity, operation, interpretation, construction, and enforcement of any terms, covenants, or conditions of an awarded contract shall in all respects be governed by and determined in accordance with the laws of the State of Florida without giving effect to the choice of law principles thereof and unless otherwise preempted by federal law.
FIDELITY BOND (Security related - for security related services) —
The Bidder shall be bonded for a minimum of fifty thousand dollars ($50,000.00) during the term of the contract. This bonding shall cover any incident involving the Bidder’s personnel assigned to work in the School Board for the same limits. Bonding shall be for both fidelity and honest exposures. A certificate or verification, or both shall be filed with the Procurement Department and shall be subject to approval before work can commence under this contract. The bond shall either name the School Board as the insured obligee or include an endorsement naming the School Board as an additional obligee and providing for customary property coverage in favor of the School Board. If the Bidder does business as an individual, the bond shall cover said person as an individual as protection to the School Board.
NEW MATERIAL —
Unless otherwise provided for in this specification, the Bidder represents and warrants that the goods, materials, supplies, or components offered to the School Board under this Bid solicitation are new, not used or reconditioned, and are not of such age or so deteriorated as to impair their usefulness or safety and that the goods, materials, supplies, or components offered are current production models of the respective manufacturer. If the Bidder believes that furnishing used or reconditioned goods, materials, supplies, or components will be in the School Board’s interest, the Bidder shall so notify the School Board Buyer in writing no later than ten (10) working days prior to the date set for opening of Bids. The notice shall include the reasons for the request and any benefits that may accrue to the School Board if the Buyer authorizes the bidding of used or reconditioned goods, materials, supplies, or components.
COMPLIANCE WITH LAWS AND REGULATIONS —
Respondent shall be responsible to know and to apply all applicable federal and state laws, all local laws, ordinances, rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the work, or which in any way affect the conduct of the work. Respondent shall always observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees. Respondent shall protect and indemnify the School Board and all its officers, agents, servants, or employees against any claim or liability arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by respondent, its representatives, subcontractors, subconsultants, professional associates, agents, servants, or employees. Additionally, respondent shall obtain and maintain at its own expense all licenses and permits to conduct business pursuant to an awarded contract from the Federal Government, State of Florida, Brevard County, or municipalities when legally required and maintain same in full force and effect during the term of the contract.
INDEMNIFICATION OF SCHOOL BOARD —
To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless SCHOOL BOARD, and its employees (“Indemnitees”) from and against all claims, liabilities, damages, losses, and costs including, but not limited to, reasonable costs, and attorneys’ fees at the pre-trial, trial, and appellate levels, arising out of, resulting from, or incidental to CONTRACTOR’s performance under this Agreement or to the extent caused by negligence, recklessness, or intentional wrongful conduct of CONTRACTOR or other persons employed or utilized by CONTRACTOR in the performance of this Agreement. The remedy provided to the Indemnitees by this indemnification is in addition to and not in lieu of any other remedy available under this Agreement or otherwise. CONTRACTOR’s available insurance under this Agreement, or otherwise, will not diminish or limit this indemnification obligation in any way. The remedy provided to the Indemnitees by this indemnification survives this Agreement. The provisions of this Section specifically survive the termination of this Agreement. The provisions of this Section are intended to require the CONTRACTOR to furnish the greatest amount of indemnification allowed under Florida law. If any indemnification requirement in this Agreement violates any law, the Parties agree the provision requires the greatest level of indemnification by the CONTRACTOR to the Indemnitees allowable under Florida law. CONTRACTOR acknowledges that indemnification by the SCHOOL BOARD may be unenforceable under Florida law and that the SCHOOL BOARD does not waive any legal defense based on the unenforceability of such indemnification position. This indemnification shall not apply to any claims, suits, actions, damages, losses, expenses, and/or a cause of action, arising from BPS’s sole gross negligence or intentional misconduct. The agreement to indemnify, as outlined in this section, includes an obligation for Contractor to indemnify BPS for liability for any negligence on the part of BPS until/unless both Contractor and BPS agree that BPS was solely negligent. If the question of “solely negligent” should arise, a court agreeable to both Parties may be engaged to settle this dispute.
Nothing in this Agreement shall be deemed to affect the rights, privileges, or be deemed a waiver of, or limitation of, BPS’s sovereign immunity protection and limitations of liability pursuant to Section 768.28, F.S. Any indemnity or assumption of liability by BPS hereunder shall be subject to BPS’s rights to sovereign immunity and any other limitations of liability provided BPS pursuant to Florida law.
DAMAGES —
Due to the nature of the services to be provided and the potential impact to the School Board for loss of Music Instrument Repairs and Related Supplies, the Bidder cannot disclaim consequential or inconsequential damages related to the performance of this contract. The Bidder shall be responsible and accountable for any and all damages, directly or indirectly, caused by the actions or inaction of its employees, staff, or sub-consultants. There are no limitations to this liability.
WAIVER OF TRIAL BY JURY —
Respondent and the District hereby expressly waive any rights either may have to a trial by jury of any civil litigation related to an awarded contract for any litigation related to or arising from this solicitation and resulting contract.
PREVAILING GUIDELINES —
For purposes of this solicitation and evaluation of proposals hereto the following shall apply: unit prices shall prevail over extended prices; written matter shall prevail over typed matter; numbers spelled in word form shall prevail over Arabic numerals (“one” over “1”). When not inconsistent with context words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
PREFERENCE TO FLORIDA BUSINESSES —
Effective July 1, 2012, when a School Board is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal or reply is by a Bidder whose principal place of business is in a state or political subdivision which grants a preference by that state or political subdivision, then the School Board shall award an equal preference to the lowest responsible and responsive Bidder having a principal place of business within Florida. In a competitive solicitation in which the lowest bid is submitted by a Bidder whose principal place of business is located outside the state, and that state does not grant a preference in competitive solicitation to Bidders having a principal place of business in that state, the preference to the lowest responsible and responsive Bidder having a principal place of business in the State of Florida shall be 5 percent. F.S. 287.084(1)(a).
A Bidder whose principal place is outside this state must accompany any written bid, proposal or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. F.S. 287.084(2).
Please complete the form titled “Bidder’s Statement of Principal Place of Business” and include it with your submittal.
CLARIFICATION/CORRECTION OF ENTRY —
The District reserves the right to allow for the clarification of questionable entries and the correction of OBVIOUS MISTAKES.
MINOR IRREGULARITIES —
The District reserves the right to waive minor irregularities in proposals, providing such action is in the best interest of the District. Minor irregularities are defined as those that have no adverse effect on the District’s best interests, and will not affect the outcome of the selection process by giving the respondent an advantage or benefit not enjoyed by other respondents.
ADDITIONAL TERMS & CONDITIONS —
The District reserves the right to reject proposals containing terms or conditions contradictory to those requested in the solicitation specifications.
DISCOUNTS —
All discounts except those for prompt payment shall be considered in determining the lowest net cost for evaluation purposes.
DEVIATIONS —
All proposals must clearly and with specific detail, note all deviations to the exact requirements imposed upon the respondent by the specifications. Such deviations must be stated upon the Proposal Form, otherwise the District will consider the subject proposals as being made in strict compliance with said specifications to respondents; the respondent being held therefore accountable and responsible. Respondents are hereby advised that the District will only consider proposals that meet the exact requirements imposed by the specifications; except, however, said proposals may not be subject to such rejection where, at the sole discretion of the District, the stated deviation is considered to be equal or better than the imposed requirement and where said deviation does not destroy the competitive character of the solicitation process by affecting the amount of the proposal such that an advantage or benefit is gained to the detriment of the other respondents.
PROTESTS —
Solicitation or contract award protests shall be resolved under procedures set forth in this policy and in conformity with the requirements of F.S. 120.57(3) and the Uniform Rules at F.A.C. Chapters 28-106 and -110, and Board Policy 6320, Section Titled “Protests Arising from Solicitation or Contract Award Process”.
WARRANTY OF AUTHORITY / SERVICE AGREEMENT —
Each person signing the contract warrants that he or she is duly authorized to do so and to bind the respective party to the contract.
CONTENT OF INVITATION/RESPONSE —
The contents of this solicitation, all terms, conditions, specifications, and requirements included herein and the accepted and awarded proposal thereto may be incorporated into an agreement to purchase and become legally binding. Any terms, conditions, specifications, and/or requirements specific to the item or service requested herein shall supersede the requirements of the “GENERAL TERMS AND CONDITIONS.”
UNIFORM COMMERCIAL CODE —
The Uniform Commercial Code (Chapter 672, Florida Statutes) shall prevail as the basis for contractual obligations between the successful respondent and the School Board of Brevard County for any terms and conditions not specifically stated in this solicitation.
CONTRACT/RESPONDENT RELATIONSHIP —
1. The District reserves the right to award one or more contracts to provide the required services as deemed to be in the best interest of the District.
2. Any successful respondent shall provide the services required herein strictly under a contractual relationship with the District and is not, nor shall be, construed to be an agent or employee of the School Board. As an independent contractor, the successful respondent shall pay any and all applicable taxes required by law; shall comply with all pertinent Federal, State, and local statutes including, but not limited to, the Fair Labor Standards Act, The Americans with Disabilities Act, the Federal Civil Rights Act, and any and all relevant employment laws. The respondent shall be responsible for all income tax, FICA, and any other withholdings from its employees or sub-contractor's wages or salaries. Benefits for same shall be the responsibility of the respondent including, but not limited to, health and life insurance, mandatory social security, retirement, liability/risk coverage, and worker's and unemployment compensation. The respondent shall hire, compensate, supervise, and terminate members of its work force and shall direct and control the manner in which work is performed including conditions under which individuals will be assigned duties, how individuals will report, and the hours individuals will perform.
3. The respondent shall not be provided special space, facilities, or equipment by the District to perform any of the duties required by the contract nor shall the District pay for any business, travel, or training expenses or any other contract performance expenses not specifically set forth in the specifications.
4. The respondent shall not be exclusively bound to the District and may provide professional services to other private and public entities as long as it is not in direct conflict and does not provide a conflict of interest with the services to be performed for the District.
VIOLATIONS —
Any violation of any of the stipulations, terms, and/or conditions listed and/or included herein may result in the respondent being removed from the District’s contractor list and the respondent being disqualified from doing business with the District for a period of time to be determined on a case-by-case basis.
RIGHT TO REQUIRE PERFORMANCE —
1. The failure of the District at any time to require performance by the respondent of any provision hereof shall in no way affect the right of the District thereafter to enforce same, nor shall waiver by the District of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself.
2. In the event of failure of the respondent to deliver services in accordance with the contract terms and conditions, the District, after due written notice, may procure the services from other sources and hold the respondent responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the District may have.
SUSPENSION OF WORK —
The District’s Authorized Representative may in its sole discretion suspend any or all activities under the contract, at any time, when in the best interest of the District to do so. The District’s Authorized Representative shall provide the successful respondent written notice outlining the particulars of suspension, including the length of time the contract shall be suspended (i.e.: 90 days). 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 successful respondent shall comply with the notice and shall not accept any purchase orders during the specified time of suspension. Within ninety days, or any longer period agreed to by the successful respondent, the District’s Authorized Representative shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the contract. Suspension of work shall not entitle the respondent to any additional compensation.
MODIFICATIONS DUE TO PUBLIC WELFARE OR CHANGE IN LAW —
The District shall have the power to make changes in the awarded contract as the result of changes in law and/or rules of the District to impose new rules and regulations on the respondent under the contract relative to the scope and methods of providing services as shall from time-to-time be necessary and desirable for the public welfare. The District shall give the respondent notice of any proposed change and an opportunity to be heard concerning those matters. The scope and method of providing services as referenced herein shall also be liberally construed to include, but is not limited to the manner, procedures, operations and obligations, financial or otherwise, of the respondent. In the event any future change in Federal, State or County law or rules of the School Board materially alters the obligations of the respondent, or the benefits to the District, then the contract shall be amended consistent therewith. Should these amendments materially alter the obligations of the respondent, then the respondent or the District shall be entitled to an adjustment in the rates and charges established under the contract. Nothing contained in the contract shall require any party to perform any act or function contrary to law. The District and respondent agree to enter into good faith negotiations regarding modifications to the contract which may be required in order to implement changes in the interest of the public welfare or due to change in law. When such modifications are made to the contract, the District and the respondent shall negotiate in good faith, a reasonable and appropriate adjustment for any changes in services or other obligations required of the respondent directly and demonstrably due to any modification in the contract under this clause.
CHANGES IN SCOPE OF WORK/SERVICE —
1. The District may order changes in the work consisting of additions, deletions, or other revisions within the general scope of the contract. No claims may be made by the respondent that the scope of the project or of the respondent’s services has been changed, requiring changes to the amount of compensation to the respondent or other adjustments to the contract, unless such changes or adjustments have been made by written amendment to the contract signed by the District’s Representative (the District’s Director of Procurement & Distribution Services) and the respondent.
2. If the respondent believes that any particular work is not within the scope of services of the contract, is a material change, or will otherwise require more compensation to the respondent, the respondent must immediately notify the District’s Representative in writing of this belief. If the District’s Representative believes that the particular work is within the scope of the contract as written, the respondent will be ordered to and shall continue with the work as changed and at the cost stated for the work within the scope. The respondent must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written order.
3. The District reserves the right to negotiate with the successful respondent(s) without completing the competitive solicitation process for materials, products, and/or services similar in nature to those specified within this solicitation for which requirements were not known when the solicitation was released.
SCHOOL BOARD RULES, POLICIES AND PROCEDURES —
The rules, policies, and procedures of the Superintendent and the School Board are binding on the parties. Specifically, the respondent is bound to understand the limitations on the staff of the District with whom the respondent or its consultants, subcontractors and agents/employees may deal. Personnel of the District are unauthorized to change the scope of work or to authorize any modification to the contract unless there is a specific policy, procedure or rule of the Superintendent or School Board that expressly confer such authority. All procedures, rules and policies concerning change orders are binding upon the respondent and the respondent is presumed to have read and understood all applicable policies, procedures and rules of the Superintendent and School Board.
UNUSUAL COSTS —
The respondent may petition the District at any time for an additional rate adjustment on the basis of extraordinary and unusual changes in the costs of operation that could not reasonably be foreseen by a prudent operator and which, by all reasonable expectations, will continue for at least one year. The respondent’s request shall contain substantial proof and justification to support the need for the rate adjustment. The District may request from the respondent, and the respondent shall provide, such further information as may be reasonably necessary in making its determination. The District shall approve or deny the request, in whole or in part, within sixty (60) days of receipt of the request and all other additional information required by the District. Any price redetermination shall be solely based upon the documentation provided and the District reserves the right to rescind any price relief granted should the circumstances change and prices go down.
ASSIGNMENT —
The respondent shall not sell, assign or transfer any of its rights, duties or obligations under the awarded contract, or under any purchase order issued pursuant to the contract, without the prior written consent of the District. In the event of any assignment, the respondent remains secondarily liable for the performance of the contract, unless the District expressly waives such secondary liability. The District may assign the contract with prior written notice to respondent of its intent to do so. For the purpose of the awarded contract, “assignment” means any voluntary, involuntary, direct or indirect assignment, sale, or other transfer by respondent or its owner(s), of any interest in this Agreement, more than ten percent (10%) of the ownership interest in respondent, or one of a series of transfers that in the aggregate constitute the transfer of more than ten percent (10%) of the ownership interest in respondent. The term includes, without limitation: (1) transfer of ownership of capital stock or any partnership interest; (2) merger, consolidation, or issuance of additional securities representing more than ten percent (10%) of the ownership interest in respondent; (3) sale of common stock of respondent pursuant to a private placement or registered public offering, which transfers more than ten percent (10%) of the ownership interest in respondent; (4) transfer of any interest in respondent in a divorce proceeding or otherwise by operation of law; or (5) transfer of more than ten percent (10%) of the ownership interest in respondent in the event of the death of an owner, by will, declaration of or transfer in trust, or under the laws of intestate succession.
FUNDING OUT/TERMINATION/CANCELLATION —
1. Florida School Laws prohibit school boards from creating obligations on anticipation of budgeted revenues from one fiscal year to another without year-to-year extension provisions in the agreements.
2. It is necessary that fiscal funding out provisions be included in all awarded contracts in which the terms are for periods longer than one (1) year.
3. Therefore, the following funding out provisions is an integral part of this proposal and must be agreed to by all respondents:
  The School Board may, during the contract period, terminate or discontinue the services covered in this proposal at the end of the School Board’s then current fiscal year upon ninety (90) days’ prior written notice to the successful respondent.
Such written notice will state:
1. 1. That the lack of appropriated funds is the reason for termination, and
  2. “This written notification will thereafter release the District of all further obligations in anyway related to the services covered herein.”
  3. 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”.
AVAILABILITY OF FUNDS —
The obligations of the District under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the School Board. All purchases are contingent upon available District funding.
RESPONDENT PERFORMANCE —
The District’s project personnel shall monitor the respondent’s performance. A ‘Report of Unsatisfactory Product or Service’ form (attached) shall be utilized to document unsatisfactory performance during the term of this contract. The report may become an important part of the respondent’s history. The report and process will assist Procurement & Distribution Services to determine whether there is a continuing pattern of problems which may need to be addressed through termination of contract and/or suspension of the respondent from submitting future proposals.
TERMINATION / CANCELLATION OF CONTRACT —
The District reserves the right to cancel the contract without cause with a minimum thirty (30) days’ written notice. Termination or cancellation of the contract will not relieve the respondent of any obligations for any deliverables entered into prior to the termination of the contract (i.e., reports, statements of accounts, etc., required and not received). Termination or cancellation of the contract will not relieve the respondent of any obligations or liabilities resulting from any acts committed by the respondent prior to the termination of the contract. The respondent may cancel the resulting contract with one hundred twenty (120) days’ written notice to the Director of Procurement & Distribution Services. Failure to provide proper notice to the District may result in the respondent being barred from future business with the District.
TERMINATION FOR SCHOOL BOARD’S CONVENIENCE —
The performance of work under the awarded contract may be terminated in accordance with this clause in whole, or from the time in part, whenever the School Board representative shall determine that such termination is in the best interest of the District. Any such termination shall be effected by the delivery to the respondent of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Upon such termination for convenience, respondent shall be entitled to payment, in accordance with the payment provisions, for services rendered up to the termination date and the District shall have no other obligations to respondent. Respondent shall be obligated to continue performance of contract services, in accordance with the contract, until the termination date and shall have no further obligation to perform services after the termination date.
TERMINATION FOR DEFAULT —
The District’s Contract Administrator shall notify, in writing, the respondent of deficiencies or default in the performance of its duties under the awarded contract. Three separate documented instances of deficiency or failure to perform in accordance with the specifications contained herein shall constitute cause for termination for default, unless specifically specified to the contrary elsewhere within this solicitation. It shall be at the District’s discretion whether to exercise the right to terminate. Respondent shall not be found in default for events arising due to acts of God.
AUTHORITY TO DEBAR OR SUSPEND —
In accordance with Board Policy 6320, titled “Procurement and Contracting”, the Director of Procurement and Distribution Services shall have the authority to debar a person/corporation, for cause, from consideration or award of further agreements. The debarment shall be for a period commensurate with the seriousness of the cause, generally not to exceed three (3) years. If suspension precedes a debarment, the suspension period shall not be considered in determining the debarment period. When the offense is willful or blatant, a longer term of debarment may be imposed, up to an indefinite period. The term "debar" or "debarment" means to remove a vendor from consideration of award in a competitive solicitation for District work and may include termination of existing contracts for cause.
CLAIM NOTICE —
The respondent shall immediately report in writing to the District's designated representative or agent any incident that might reasonably be expected to result in any claim under any of the coverage mentioned herein. The respondent agrees to cooperate with the District in promptly releasing reasonable information periodically as to the disposition of any claims, including a resume of claims experience relating to all respondent operations at the District project site.
WAIVER OF CLAIMS —
Once this contract expires, terminated or final payment has been requested and made, the successful respondent shall have no more than thirty (30) calendar days to present or file any claims against the District concerning this contract. After that period, the District will consider the respondent to have waived any right to claims against the District concerning an awarded contract.
RECORDS & RIGHT TO AUDIT —
The respondent shall maintain such financial records and other records as may be prescribed by the District or by applicable federal and state laws, rules, and regulations. The respondent shall retain these records for a period of five (5) years after final payment, or until they are audited by the District, whichever event occurs first. These records shall be made available during the term of the contract and the subsequent three-year period for examination, transcription, and audit by the District, its designees, or other entities authorized by law.
E-VERIFY —
E-Verify. Under Section 448.095, Fla. Stat., Contractor shall use the U.S. Agency of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all employees hired during the term of this Agreement. Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. Contractor must provide evidence of compliance with 448.095, Fla. Stat. Evidence may consist of, but is not limited to, providing notice of Contractor’s E-Verify number. Failure to comply with this provision is a material breach of the Agreement, and BPS may choose to terminate the Agreement at its sole discretion. Contractor may be liable for all costs associated with BPS securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary).
FEDERAL TERMS AND CONDITIONS —
For any solicitation or agreement that involves, receives, or utilizes Federal funding, the Federal Terms and Conditions shall be considered a part of the solicitation and resulting award, or agreement and the Contractor accepts and acknowledges that it is and will continue to be in compliance with said terms and conditions for the term of the agreement.
POLITICAL & IDEALOGICAL INTERESTS —
Respondents are hereby notified that, pursuant to Section 1010.04(5), Florida Statutes, the School Board of Brevard County will not request or consider documentation of a respondent’s social, political, or ideological interests in determining whether the vendor is a responsible vendor.
NON-ACADEMIC $1MM —
Effective July 1, 2016, per SB350, it states “Each bid specification for nonacademic commodities and contractual services must include a statement indicating that the procurement agreements and state term contracts available under s. 287.056 have been reviewed” Buyer shall:
- Check the State website for procurement agreements and determine if they are well suited for our needs and provide an economic advantage:
http://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements

Submission Requirements

ITB Bid Acknowledgement and Standard Terms & Conditions (required) —
Please download the below documents, complete, and upload.
Licenses, Certifications, and Authorization —
Bidder shall provide copies of all applicable licenses, certifications and authorizations required to lawfully perform the proposed work.
Vendor Application (required) —
Please download the below documents, complete, and upload.
Form W-9 Request for Taxpayer Identification Number and Certification (required) —
Please download the below documents, complete, and upload.
Current COI (required) —
Upload current Certificate of Insurance listing the required coverages as outlined in this ITB.
Local Business Tax Receipts —
Upload copies of Local Business Tax Receipts here.
Mandatory Pre-Bid Conference (required) —
Respondent confirms that a representative of the firm was present at the Mandatory Pre-Bid Conference and signed in to the meeting, as required to document attendance.
References (required) —
Please download the below documents, complete, and upload.
Relevant Projects/Services List (required) —
Upload:
List at least three (3) recent references where the proposed product/service has been used within the past year.
Exhibit "A" Bid Form (required) —
Please download the below documents, complete, and upload.
Certified Business Program (required) —
Does the bidder have an official business certification as issued by the State of Florida Office of Supplier Diversity or other government agency?
Certified Business Program Reciprocity Affidavit (required) —
Please download the below documents, complete, and upload with copies of applicable certifications.
Is the Bidder's Principal Place of Business Florida? (required)
Bidder's Statement of Principal Place of Business (required) —
Please download the below documents, complete, and upload.
Vendor's Statutory Compliance (required) —
Respondent shall confirm compliance with the requirements of Sections 287.1346, 287.138, 787.06, and 787.30, Florida Statutes by completing the affidavit. Download the below document, complete, and upload.
FEDERAL PROCUREMENT STANDARDS
Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements (required) —
The following certification and disclosure regarding payments to influence certain federal transactions are required to be made per the provisions contained in 31 U.S.C 1352, the “Byrd Anti-Lobbying Amendment.”
Complete and upload the following:
Disclosure of Lobbying Activities (required) —
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352.
Complete and upload the following:
Non-Collusive Affidavit (required) —
Complete and upload the following:
Certification Regarding Debarment (required) —
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 CFR §§ 180.300, 180.335, Participants' responsibilities.
Complete and upload the following:
Certification Regarding Drug-Free Workplace (required) —
This certification is required by the regulations implementing §§ 5151-5160 of the Drug-Free Workplace Act of 1998 (Pub. L.100-690, Title V, Subtitle D: 41 U.S.C. § 8101 et seq.), and 2 CFR Parts 182 and 421.
Complete and upload the following:
Payment Information
Do you accept electronic funds transfer (ETF)? (required)
If yes, does your firm offer a discount? (required) —
Enter Percentage
Do you accept Purchase/Payment by Visa card? (required)
Purchase/Payment by Visa Card (required) —
Please confirm that by accepting payment via Visa Card, no additional transaction or processing fees shall be added to the price. All fees must be included in the submitted response pricing.
Confidential Materials Acknowledgement
This Acknowledgement is valid as of the date of the submittal of a response to the solicitation. (required)
Does this involve federal funding? (required)
Does this involve FDACS funding? (required)
Does this involve FEMA funding? (required)
Is this a Brevard Cooperative Solicitation? (required)
Provide brief description of desired scope of services: (required) —
Provide a brief description about the objective of this procurement. Use proper grammar and sentence structure before copying and pasting here.
Will you have a pre-proposal meeting? (required)
Is the pre-proposal meeting mandatory? (required)
Bid Opening Link (required)
Will you be using the OpenGov electronic pricing table? (required)
Insurance —
Please select the insurance that applies.
1. 1. Product Liability and/or Completed Operations Insurance - All contractors whose work for the School Board includes products or services, and the value of these products or services are in excess of $25,000 are required to carry this insurance to the limit listed below.
  2. Professional Liability Insurance (Errors and Omissions) - All contractors providing professional services such as architects, engineers, attorneys, auditors, accountants, consultants, trainers, etc. are required to have this insurance to the limits listed below.
Is Bidder required to provide their recent financial statement? (required) —
Discuss with Manager prior to changing this response to Yes.
Provide award term (required) —
Examples:
an initial three (3) year term with up to one (1) optional two (2) year renewal period.
an initial three (3) year term with up to two (2) optional one (1) year renewal periods.
a one time project, successful completion and acceptance by BPS.
Will this project have Liquidated Damages (required) —
Will there be a loss to the District if the goods or services are not received or completed by a particular date and time?

Questions & Answers

Q (No subject): Good afternoon - My business does not do instrument repairs, but we do provide instrument supplies and accessories. Can you provide details on what the "related supplies" are in this bid, and recommend if we should still offer a bid if we cannot do instrument repairs? Thank you.

A: This Bid is for supplies related to the repair of music instruments, to be provided by the repair firm. We utilize a separate bid for musical instruments, sheet music, and related supplies and accessories, this bid will be posted soon.

Q (Lobbying): If there is no lobbying activity to disclose, do we simply sign the lobbying disclosure and not complete sections 1-10?

A: If this in not applicable write N/A.

Q (Certification Regarding Lobbying): Does the Certification Regarding Lobbying require signature from both an Executive Director and a CFO, or is this either/or? Can the vice president of finance sign on behalf of the CFO?

A: Only one authorized signer needs to sign.

Music Instrument Repairs and Related Supplies

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Negligence including Bodily Injury and Property Damage
Per Occurrence	$1,000,000
General Aggregate	$2,000,000

Negligence Including Bodily Injury and Property Damage	$1,000,000
Products - Completed Operations Aggregate	$2,000,000

Negligence Including Bodily Injury and Property Damage
Per Claim	$500,000
Combined Single Limit (each accident)	$1,000,000

W.C. Limit Requires	Statutory Limits
E.L. Each Accident	$100,000
E.L. Disease - Each Employee	$100,000
E.L. Disease - Policy Limit	$500,000