3994mf School Cafeteria EDIT
3994mf School Cafeteria EDIT
3994mf School Cafeteria EDIT
Firm Name - Physical Address to include City, Fictitious Name or d/b/a - Physical Address to
State & Zip Code include City, State & Zip Code
Firm Name - Mailing Address to include City, Federal Employee Identification No. or Social
State & Zip Code Security No.
ANTI-COLLUSION: The signed bidder certifies that he or she has not divulged, discussed or compared his or her
bid with other bidders and has not colluded with any other bidder or parties to a bid. (NOTE: No premiums,
rebates, or gratuities are permitted either with, prior to, or after any delivery of material. Any such violation
will result in the cancellation and/or return of materials (as applicable) and the removal from the bid list(s).
I certify that I am the owner or an authorized officer or agent for the above company and that the information
supplied herein, including all pages attached, is correct; and that neither the applicant nor any person or
concern in any connection with the applicant as a principal officer, so far as is known, is now debarred or
otherwise declared ineligible by The School Board of Marion County, Florida (“School Board”), from bidding for
furnished materials, supplies or services to the School Board.
The undersigned represents and warrants by signing this document that employee background investigations
will be adhered to in accordance with §1012.32, Fla. Stat. (2022).
________________________________________
Authorized Signature (Manual)
________________________________________
Authorized Signature (Type or Printed) and Title
This Invitation to Bid (ITB), General Conditions, Instructions to Bidders, Special Conditions,
Specifications, Addenda, and/or any other pertinent documents form a part of this proposal and by
reference are made a part thereof.
PURPOSE: It is the purpose and intent of this invitation to secure bids for item(s) and/or services as
listed herein for The School Board of Marion County, Florida (“School Board”).
SEALED BIDS: Sealed bids will be received in the Purchasing Department until the date and time as
indicated above. Bids will be opened publicly in the Purchasing Department and all bidders and general
public are invited to attend, unless otherwise noted. All bids shall be submitted in sealed envelopes,
mailed or delivered to: The School Board of Marion County, Florida
Purchasing Department
506 SE 3rd Ave, Ocala, FL 34471
Mark your envelope with the following information: Bidding Company Name & Address
Bid Number
Title
Time and Date of Bid Opening
It is the sole responsibility of the bidder to ensure his or her bid reaches the Purchasing Department
on or before the closing date and hour as shown above.
BOARD'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of forty-
five (45) days from the last date for receiving of bids for acceptance of his or her bid by the School
Board.
The School Board does not discriminate on the basis of race (including anti-Semitism), ethnicity, color,
national origin, sex, sexual orientation, disability (including HIV, AIDS, or sickle cell trait),
pregnancy, religion, marital status, age (except as authorized by law), military status, ancestry, or
genetic information, which are classes protected by State and/or Federal law (collectively, "protected
classes") in its educational programs, services or activities, or in its educational programs, services or
activities, or in its hiring or employment practices as required by Title IX, Title VI, Title VII, Age
Discrimination Act of 1967, Section 504 of the Rehabilitation Act of 1973, 1992 Americans with
Disabilities Act, and the Florida Educational Equity Act of 1984.
Sealed Bids: One copy of the executed Invitation to Bid page and Proposal Form page(s) must be returned with the bid in order for the bid to be considered for award. All
bids are subject to all the conditions specified herein (all General Conditions on the attached bid documents and any addenda issued thereto). Any failure on the part of
the bidder to comply with the specifications, terms and conditions of this Invitation to Bid shall be reason for termination of contract.
1. EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided above. Failure to properly sign proposal shall invalidate
same, and it shall not be considered for award. All bids must be completed in ink or typewritten if submitted as a manual document. If the bid is hosted by a third-party
company, all bid forms must be completed electronically. Corrections must be initialed by the person signing the bid. Any corrections not initialed will not be tabulated.
The original bid conditions and specifications cannot be changed or altered in any way. Altered bids may not be considered. Clarification of bids submitted shall be in
letter form, signed by the bidders and attached to the bid.
2. NO BID: If not submitting a bid, respond by returning the enclosed “Statement of No Bid” form and explain the reason. Note: A bidder, to qualify as a respondent, must
submit a “no bid” and same must be received no later than the stated bid opening date and hour.
3. PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total (if applicable). Prices must be stated in units of quantity
specified in bid specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices FOB destination, freight prepaid
(unless otherwise stated in special conditions). Discounts for prompt payment: Award, if made, will be in accordance with terms and conditions stated herein. Each item
must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration
in determination of award of bid(s). If a bidder offers a discount, it is understood that a minimum of 30 days will be required for a payment, and the discount time will be
computed from the date of satisfactory delivery at place of acceptance and receipt of correct invoice at the office specified.
4. TAXES: School Board is exempt from any taxes imposed by the State and/or Federal Government. State Sales Tax Exemption Certificate No. 85-8012622222C-6 appears
on each purchase order. This exemption does not apply to purchases of tangible personal property made by contractors who use the tangible personal property in the
performance of contracts for the improvements of School Board-owned real property as defined in §192, Fla. Stat. (2022).
5. MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions, and all instructions pertaining to supplies and services.
Failure to do so will be at bidder’s risk. It is the responsibility of all interested parties to assure they have received all necessary documents, including Addenda and have
included all necessary information within their response. School Board is not responsible for Bidder’s failure to obtain complete bidding documents. School Board reserves
the right to reject any bid as non-responsive for failure to include all necessary documents or required Addenda.
6. TERM: Bidder warrants by virtue of bidding that price(s) shall remain firm for a period of (1) year from the date of Board Approval or time stated in special conditions.
7. USE OF OTHER CONTRACTS: School Board reserves the right to utilize any other State of Florida contract, any contract awarded by any other city or county governmental
agencies, any other school board, any other community college/state university system cooperative bid agreement, or to directly negotiate/purchase per School Board
policy and/or Fla. Admin. Code R. 6A-1.012 in lieu of any offer received or award made as a result of this bid, if it is in the best interest to do so. School Board also reserves
the right to separately bid any single order or to purchase any item on this bid if it is in its best interest to do so.
8. FLORIDA PREFERENCE: Pursuant to §287.084, Fla. Stat. (2022), and subject to applicable federal law, the School Board shall make appropriate adjustments to pricing of
responses when proposals have been submitted by bidders having a principal place of business outside the State of Florida. This Florida Statute applies to purchases of
personal property. If applicable to this bid, the details for Florida Preference will be indicated under special conditions.
9. CONDITIONS AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of
the bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.
10. UNDERWRITERS’ LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be UL-listed; or have passed the re-
examination testing, where such has been established by UL for the items offered and furnished.
11. DELIVERY: Unless actual date of delivery is specified, show number of days required to make delivery after receipt of purchase order in the space provided. Delivery time
may become a basis for making an award (See Special Conditions). Delivery shall be within the normal working hours of the user, Monday through Friday, excluding
holidays.
12. BRAND NAMES: Use of a brand name, trade name, make, model, manufacturer, or vendor catalog number in specifications is for the purpose of establishing a grade or
quality of material only. It is not the School Board’s intent to rule out other competition; therefore, the phrase OR ACCEPTABLE EQUAL is added. However, if a product
other than that specified is bid, it is the vendor’s responsibility to submit with the bid brochures, samples and/or detailed specifications on items bid. The School Board
shall be the sole judge concerning the merits of the bids submitted. Bidder shall indicate on the bid form the manufacturer’s name and number if bidding other than the
specified brands, and shall indicate ANY deviation from the specifications as listed. Other- than-specified items offered require complete descriptive technical literature
marked to indicate detail(s) conformance with specifications.
13. QUALITY: The items bid must be new and equal to or exceed specifications. The manufacturer’s standard guarantee shall apply. During the guarantee period the
successful bidder must repair and/or replace the unit without cost to the School Board with the understanding that all replacements shall carry the same guarantee as the
original equipment. The successful bidder shall make any such repairs and/or replacements immediately upon receiving notice from the School Board.
14. SAMPLES, DEMONSTRATIONS AND TESTING: Samples of items, when required, must be furnished free of expense; and if not destroyed, will upon request, be returned
at the bidder’s expense. Request for the return of the samples must be indicated on his or her bid. Each individual sample must be labeled with bidder’s name, bid
15. INSPECTION AND ACCEPTANCE: The successful bidder shall be responsible for delivery of items in good condition at point destination. Bidder shall file with the carrier
all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The School Board will note, for the benefit of successful bidder, when
packages are not received in good condition. In the event the materials and/or services supplied to the School Board are found to be defective or do not conform to
specifications, the School Board reserves the right to cancel the order upon written notice to the seller and return the product to seller at the seller’s expense.
16. FACILITIES: School Board reserves the right to inspect the Awarded Bidder’s facilities at any time with prior notice. School Board may use the information obtained from
this inspection in determining whether a Bidder is a responsible Bidder.
17. DEFAULT PROVISION: In case of default by the bidder or contractor, the School Board may procure the articles or services from other sources and hold the bidder or
contractor responsible for any excess costs incurred thereby.
18. COPYRIGHTS OR PATENT RIGHTS: The Awarded Proposer, without exception, shall indemnify and save harmless School Board and its employees from liability of any
nature or kind, including cost and expenses for any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the
Agreement, including its use by the School Board, or copyright, it is mutually understood and agreed without exception that the bid prices include all royalties or cost
arising from the use of such design, device or materials in any way involved in the work. All books, manuals, films or other materials suitable for copyright or patent,
regardless of means of transmission, produced as a result of the work or services performed under or in connection with this Agreement, are hereby reserved as the
exclusive property of and sole ownership by School Board, unless and to the extent that the parties agree otherwise, as evidenced in writing and included as a part of this
Agreement. Proposer shall defend, indemnify and hold the School Board and its successors and assigns harmless from and against all third-party claims, suits and
proceedings and any and all damages, liabilities, costs and expenses (including reasonable attorneys’ fees and court costs) incurred as a result of (i) infringement by
Proposer of any third-party patent, copyright or trademark or (ii) misappropriation by Proposer of any third-party trade secret in connection with any of the foregoing.
Proposer will indemnify and hold harmless the School Board from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service
marked, trademarked, patented or unpatented invention, process, article or work manufactured or used in the performance of the Agreement, including its use by the
School Board. If Proposer uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright or any other intellectual property
right, it is mutually agreed and understood without exception that the proposal prices will include all royalties or costs arising from the use of such design, device or
materials in any way involved in the work. In addition, Proposers awarded contracts involving Federal Funds are subject Rights to Invention as set forth in 37 CFR 401.
19. MANUFACTURER’S CERTIFICATION: The School Board reserves the right to request from bidders separate manufacturer certification of all statements made in the
proposal.
20. OCCUPATIONAL HEALTH AND SAFETY: A Safety Data Sheet (SDS) must be submitted with the bid submittal for all hazardous materials and chemicals or at the request of
the School Board. Failure to submit the required SDS may be cause for rejection of the bid submittal. The SDS shall also be provided with the initial shipment and shall be
revised on a timely basis as appropriate. The SDS must include the following information:
A. The chemical name and the common name of the toxic substance.
B. The hazards or other risks in the use of the toxic substance, including:
1. The potential for fire, explosion, corrosion and reactivity.
2. The known acute and chronic health effects of risks from exposure, including the medical conditions, which are generally recognized as being aggravated by
exposure to the toxic substance.
3. The primary routes of entry and symptoms of overexposure.
C. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substance;
including appropriate emergency treatment in case of overexposure.
D. The emergency procedure for spills, fire, disposal, and first aid.
E. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information.
F. The year and month, if available, that the information was compiled and the name, address and emergency telephone number of the manufacturer responsible for
preparing the information.
Any questions regarding this requirement should be directed to: Department of Labor and Employment Security, Bureau of Industrial Safety and Health, Toxic Waste
Information Center, 2551 Executive Center Circle West, Tallahassee, FL 32301-5014. Telephone: 1-800-367-4378.
21. OSHA: The bidder warrants that the product/services supplied to the School Board shall conform in all respects to the standards set forth in the Occupational Safety and
Health Act 1970, as amended; and failure to comply with this condition will be considered as a breach of contract.
22. CONSUMER PRODUCT SAFETY COMMISSION COMPLIANCE: Any products supplied by a Bidder(s) under this solicitation will comply with the provisions of the Consumer
Product Safety Improvement Act (CPSIA) of 2008. (Public Law 110-314) CPSIA regulates furniture products that include any lead-containing paint; or any products intended
23. ANTI-DISCRIMINATION: The bidder certifies that he or she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246; as
amended by Executive Order 11375 relative to equal employment opportunity for all persons without regard to race (including anti-Semitism), ethnicity, color, national
origin, sex, sexual orientation, disability (including HIV, AIDS, or sickle cell trait), pregnancy, religion, marital status, age (except as authorized by law), military status,
ancestry, or genetic information, which are classes protected by State and/or Federal law.
24. ADVERTISING: In submitting a proposal, bidder agrees not to use the results as a part of any commercial advertising without prior approval of the School Board.
25. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of §112, Fla. Stat. (2022). All bidders must disclose with their bid the name of any officer,
director or agent who is also an employee of the School Board. Further, all bidders must disclose the name of any Board employee who owns, directly or indirectly, an
interest of 5% or more in the bidder’s firm or any of its branches.
26. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the School Board shall be final and binding on both
parties.
27. LEGAL REQUIREMENTS: Federal, state, county, and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Specifically,
bidder(s) is to adhere to the policies of the School Board, pursuant to the following, with respect to any criminal arrests and convictions; and is on notice thereto that any
employees involved in any §435, Fla. Stat. (2022) offenses are precluded from continuing to work on the project and must be replaced. Failure to comply may result in
the immediate termination of the vendor’s contract at the sole discretion of School Board. Lack of knowledge by the bidder will in no way be a cause for relief from
responsibility.
28. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder, when said offer is accepted by approval by the School Board.
In case of a default on the part of the bidder after such acceptance, the School Board may take such action, as it deems appropriate including legal action for damages or
specific performance.
29. LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto School Board property to deliver materials or perform work or services
as a result of bid award, the bidder will assume the full-duty obligation and expense of obtaining all necessary licenses, permits and insurance. Bidder shall be liable for
any damage or loss to the School Board incurred by bidder, bidder’s employees, licenses of the bidder or agent, or any person the bidder has designated in completion of
his or her contract as a result of his or her bid. Further, bidder shall be liable for all activities of bidder throughout the execution of this bid. Notwithstanding the foregoing,
the liability herein shall be limited to one million dollars ($1,000,000) and the bidder recognizes that, and covenants that he or she has received consideration for
indemnification provided herein. Bidder must have all Licenses, Certifications and Registrations required when performing the services described herein, in order for
proposal to be considered a responsive and responsible proposal. Licenses, Certifications and Registrations required for this proposal shall be as required by Chapter 489,
Florida Statutes, as currently enacted or as amended from time to time; by the State Requirements for Educational Facilities (SREF), latest version; by the City of Ocala, or
by Marion County, Florida. Bidder must submit a copy of all its current Licenses, Certifications and Registrations required as described herein, either with its proposal or
within five working days of notification. An Awarded Bidder who has any License, Certification or Registration either suspended, revoked or expired after the date of the
Proposal Opening, shall provide notice to the School Board within five working days of such suspension, revocation or expiration. However, such suspension, revocation
or expiration after the date of the Proposal Opening shall not relieve the Awarded Bidder of its responsibilities under this ITB
30. SPECIFICATIONS: Any omissions of detailed specifications stated herein that would render the materials/service from use as specified will not relieve the bidder from
responsibility.
31. BID BONDS AND PERFORMANCE BONDS: A 5% Bid Bond, when required, shall be submitted with the bid. Bid Bonds will be returned to unsuccessful bidders. After
awarding the contract, the School Board will notify the successful bidder to submit a 100% Performance Bond from a surety company registered in the State of Florida
with a financial rating of A or better. Upon receipt of the performance bond, the bid bond will be returned to the successful bidder. If a bond is required, the details for
the bond will be indicated under special conditions.
32. PAYMENT: Payment will be made after the items/services awarded to a vendor have been received/completed, inspected and found to comply with award specifications,
free of damage or defect and properly invoiced.
33. SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence.
34. ADDENDA TO RFP AND/OR BID: If any addenda are issued, they will be placed on the website for viewing and downloading. It is the responsibility of each bidder to visit
the website to determine if any addenda have been submitted respective of the bidding documents. Reference to the Bid Number will be made with the number of the
addendum adjacent. Each bidder or proposer is responsible for determining whether addenda have been issued and must acknowledge receipt when submitting bids or
proposals.
35. FORCE MAJEURE: Notwithstanding anything herein to the contrary, the Contractor shall not be deemed in violation of this Agreement if he or she is prevented from
performing any of the obligations hereunder for any reason beyond their reasonable control; including, without limitation: Acts of God; acts of war; acts of the public
enemy; war; riots; strikes; labor disputes; civil disorders; lockouts; fire; floods; hurricanes; epidemics; pandemics; government regulations; and the issuance or extension
of existing government orders of the United States; unavoidable casualties or action or promulgation of any statute, rule, regulation or order by any federal, state or local
governmental or judicial agency or official (including the revocation or refusal to grant licenses or permits, where such revocation or refusal is not directly caused by the
Contractor); or any other event constituting Force Majeure under this Agreement.
37. PRESS RELEASES AND PUBLICITY: The bidder shall make no announcements or news releases pertaining to his or her participation in this bid or the award of this contract,
including his or her representatives or agents, without authorization from the Purchasing Department.
38. PURCHASES BY OTHER PUBLIC AGENCIES: With the consent and agreement of the successful bidder(s), purchases may be made under this bid by other governmental
agencies within the State of Florida. Such purchases shall be governed by the same terms and conditions as stated herein.
39. CHARTER SCHOOLS: Items or Services awarded under this Agreement must be made available to Charter Schools approved by the School Board. School Board is not
responsible or liable for purchases that may be made by Charter Schools.
40. SOURCE OF DOCUMENTS: Unless otherwise indicated in the bidding document, any solicitation downloaded from sources other than the School Board Purchasing
Department website may not be the official and final version; and may result in the rejection of a quote/submittal/bid/proposal if not based upon an accurate rendition
of the solicitation.
41. CONTACTING SCHOOL BOARD STAFF: Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the
end of the 72-hour period following the agency posting of the notice of intended award, any employee or officer of the School Board concerning any aspect of this
solicitation, except in writing to the Purchasing Department or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a
response.
42. AWARDS: In the best interest of the School Board, the Purchasing Department reserves the right to reject any and all bids and to waive any irregularity or minor
technicalities in bids received; to not accept any item or group of items unless qualified by bidder; and/or to acquire additional quantities at prices quoted on this invitation
unless additional quantities are not acceptable, in which case the bid sheets must be noted “Bid Is For Specified Quantity Only.” All awards made as a result of this bid
shall conform to applicable Florida Statutes.
43. AUDITS, RECORDS, AND RECORDS RETENTION: The School Board or its representative reserves the right to inspect and/or audit all the bidder's documents and records
as they pertain to the products and services delivered under this agreement. Such rights will be exercised with notice to the bidder to determine compliance with and
performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this agreement. Documents/records in any form
shall be open to the School Board's representative and may include, but are not limited to, all correspondence; ordering, payment, inspection and receiving records; and
contracts or sub-contracts that directly or indirectly pertain to the transactions between the School Board and the bidder.
A. To retain all vendor records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to
this contract for a period of five (5) years after termination of the contract; or if an audit has been initiated and audit findings have not been resolved at the end of
five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this contract.
B. Upon completion or termination of the contract and at the request of the School Board, the vendor will cooperate with the School Board to facilitate the duplication
and transfer of any said records or documents during the required retention period as specified in paragraph 1 above.
44. FEDERAL GRANTS TERMS AND CONDITIONS: For any solicitation that involves, receives, or utilizes Federal Grants funding, the following terms and conditions must be
considered a part of the solicitation and resulting award and the bidder accepts and acknowledges that it is and will continue to remain in compliance with said terms and
conditions for the term of the award.
A. Equal Employment Opportunity The CONTRACTOR agrees to comply with the provisions of the Civil Rights Act of 1991 (Pub. L. 102-155); the Civil Rights Act of 1964,
(Pub. L. 88-352) (Title VII), as amended; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; Section 1000.05, Fla. Stats.
(2022); the Pregnancy Discrimination Act of 1978; and the Family Medical Leave Act of 1993. CONTRACTOR further agrees not to discriminate on the basis of race,
sex, national origin, religion, handicap, disability, sexual orientation, age, or marital status. 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.” CONTRACTOR shall in accordance with Section 202 of Executive Order No.
11246 of September 24, 1965, post copies of required notices in conspicuous places available to employees and applicants for employment. CONTRACTOR shall
comply with all rules, regulations and relevant orders of the Secretary of Labor.
B. Davis-Bacon Act, As Amended (40 U.S.C. 276A TO A-7) CONTRACTOR, certifies that it is, and will continue for the term of this Agreement, to be in compliance with
the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable
to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, the CONTRACTOR is herein required to pay wages to laborers
and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTOR agrees to pay
wages not less than once a week. CONTRACTOR must provide a copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation. CONTRACTOR acknowledge that the decision to award this Agreement or subcontract is conditioned upon the acceptance of the wage determination
which the CONTRACTOR accepts. The CONTRACTOR agrees to report all suspected or reported violations to the Federal awarding agency and to notify SCHOOL BOARD
concurrently. CONTRACTOR certifies that it is, and will continue to be, for the term of this Agreement in full compliance with the Copeland “Anti-Kickback” Act (40
U.S.C. 3145), as supplemented by Department of Labor regulations (28 C.F.R. Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States”). The Act provides that each Contractor or subrecipient must be prohibited from inducing, by any means,
any person employed in construction, completion, or repair or public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-
Federal entity must report all suspected or reported violations to the Federal awarding agency.
C. Copeland “Anti-Kickback” Act (2 CFR Part 200.326(D)): All vendors, contractors and subcontractors must comply with the Copeland “Anti-Kickback” Act (40 U.S.C.
3145) as supplemented in Department of Labor regulations (29 CFR part 3). Applies to all contracts and sub grants for construction or repair.
D. Asbestos and Formaldehyde Statement All building materials, pressed boards, and furniture supplied to School Board must be 100% asbestos free in accordance with
15 U.S.C. §2641. It is desirous that all building materials, pressed boards and furniture supplied to the School Board also be 100% formaldehyde free. Bidder, by virtue
of bidding, certifies by signing bid, that if awarded this bid, only building materials, pressed boards, and/or furniture that is 100% asbestos and formaldehyde free will
be supplied.
E. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) CONTRACTOR, certifies that it is, and will continue for the term of this Agreement, to be in
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor
must be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is
permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in
the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
F. Clean Air and Water Pollution Acts If this Agreement involves Federal funds and is over $150,000, CONTRACTOR must comply with all applicable standards, orders,
or regulations of the Clean Air Act, as Amended (42 U.S.C. 7401 et seq) and the Federal Water Pollution Control Act, (33 U.S.C. 1251 et seq.), Executive Order 11738,
and Environmental Protection Agency regulations codified in Title 50 of the Code of Federal Regulations. 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 shall report any and all violations to the Federal awarding agency and the Regional Office of the EPA, and notify SCHOOL BOARD concurrently within
thirty (30) days of notice of the violation.
H. Byrd Anti-Lobbying Amendment: If this Agreement is in excess of $100,000, CONTRACTOR shall comply with all applicable standards, orders, or regulations including,
but not limited to:
a. Certification Regarding Lobbying pursuant to 31 U.S.C. 1352 (Appendix A: 7 CFR. Part 3018); and
b. Disclosure of Lobbying Activities pursuant to 31 U.S.C. 1352 (Appendix A: 7 CFR Part 3018).
I. Records Retention: (2 CFR §200.333): Financial records, supporting documents, statistical records and all other non-Federal entity records pertinent to a Federal
award must be retained for a period of three years from the date of submission of the quarterly or annual financial report, respectively, as reported to the Federal
awarding agency or pass-through entity in the case of a sub recipient.
J. Access to Records (2 CFR Part 200.336): Contractors and subcontractors must give access to the School Board, the appropriate Federal agency, Inspectors General,
the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers and records of the Proposer(s), which
is directly pertinent to this specific RFP for the purpose of making audit, examination, excerpts and transcripts.
K. Rights to Inventions Made Under a Contract or Agreement (2 CFR Part 200.326 (F)): The recipient or sub recipient must comply with the requirements of 37 CFR Part
401 and any implementing regulations issued by the awarding agency. Applies to Federal awards meeting the definition of “funding agreement” under 37 CFR §401.2(a)
and the recipient or sub recipient wishes to enter into a contract with a small business firm or nonprofit organization.
L. Procurement of Recovered Materials (2 CFR §200.323): A non-Federal entity that is a state agency or agency of a political subdivision of a state and its VENDORS must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. Prohibition On Certain Telecommunications and Video Surveillance Services or Equipment (2 CFR §200.216) Pursuant to Public Law 115-232, Section 889, and 2
Code of Federal Regulations (CFR) Part 200, including §200.216 and §200.471, SCHOOL BOARD is prohibited from using federal funds to procure, contract with entities
who use, or extend contracts with entities who use certain telecommunications provided by Huawei Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities), and video surveillance or telecommunications equipment or services provided by Hytera Communications Corporation, Hangzhou Hikvision
Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). The VENDOR agrees that it is not providing SCHOOL BOARD
with or using telecommunications and video surveillance equipment and services as prohibited by 2 CFR §200.216 and §200.471. By execution of the Vendor
Application or acceptance of any Purchase Order, VENDOR certifies its compliance with this provision. The VENDOR shall pass these requirements down to any of its
subcontractors funded under this Agreement. The VENDOR shall notify SCHOOL BOARD if the VENDOR cannot comply with the prohibition.
N. Domestic Preferences for Procurements (2 CFR §200.322): As appropriate and to the extent consistent with law, the VENDOR shall, to the greatest extent practicable
under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufactured products). Consistent with 2 CFR §200.322, the following items shall be defined as: “Produced in
the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in
the United States. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics
and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. The requirements of this section
must be included in all subawards including all contracts and purchase orders for work or products using any federal funding.
O. Compliance with State and Federal Regulations By signing the bid, the Bidder shall comply with all applicable laws, ordinances, codes, rules and regulations of federal,
state, and local governments, if required, for performance of any work under this Bid. Bidders awarded contracts involving Federal Funds and are cost reimbursable
must be in compliance with 7 CFR 210.21. Bidders awarded contracts involving Federal Funds must be in compliance with the Energy and Policy Conservation Act (42
USC 6201). Bidders awarded contracts involving the employment of mechanics, laborers, or construction work must be in compliance with 50 USC Chapter. During
the term of any Agreement with the Board, in the event of debarment, suspension, proposed debarment, declared ineligible or voluntarily excluded from participation
in federally funded transactions, the Bidder shall immediately notify the School Board, in writing. Bidders will also be required to provide access to records, which are
directly pertinent to the Agreement and retain all required records for three years after the Board makes final payment.
P. Child Nutrition For all Bids for the purchase of food for Child Nutrition the following Buy American clause is applicable:
1. Federal regulations require that all foods purchased for Child Nutrition Program be of domestic origin to the maximum extent practicable. While rare, two (2)
exceptions may exist when the product is not produced or manufactured in the US in sufficient, reasonable and available quantities of a satisfactory quality, such
as bananas and pineapple or competitive proposals reveal the cost of a domestic product is significantly higher than a non-domestic product.
2. All products that are normally purchased by Bidder as non-domestic and proposed as part of this ITB must be identified with the country of origin. Bidder shall
outline their procedures to notify the School Board when products are purchased as non-domestic.
3. Any substitution of a non-domestic product for a domestic product (which was originally a part of the bid), must be approved, in writing, by the School Board, prior
to the delivery of the product.
4. Any non-domestic product delivered to the School Board, without the prior, written approval of the School Board, will be rejected.
Bid Opening Dates are scheduled on Wednesdays at 2:00 PM unless bid states otherwise.
Location of Meeting: Bid opening will be held in the Purchasing Department, 506 SE 3rd Avenue, Ocala,
Florida 34471, Wednesday, July 12, 2023 @ 2:00PM.
The School Board supports the Americans with Disabilities Act of 1990, and we will take all reasonable
steps to accommodate individuals using our services, programs and activities. Request for reasonable
accommodations must be made at least two (2) working days in advance of the event.
A. SCOPE: The purpose and intent of this term contract are to secure firm pricing and establish a
term contract for school cafeteria products as specified herein:
1. Only those bids that are “As Specified” will be considered. Vendors are to complete the
Proposal Form contained within this bid document as it is written. The following will not be
considered or accepted if submitted along with the Proposal Form: memos, letters, or any
other additional paperwork that may contain additional pricing, bulk pricing, discounts,
different packaging pricing, minimums of any type, or any items that contain additional
terms and conditions. If a vendor submits any additional information other than what is
requested on the Proposal Form contained within this bid document, the submitted bid
response may be deemed as non-responsive and subject to rejection.
2. Orders will only be placed on an “As Needed Basis” during the term of this bid
contract.
3. Orders, when placed, are for delivery to the Central Warehouse only.
4. All containers are to be suitable for storage or shipment, and all prices shall
include standard commercial packaging. All cartons must be on pallets, shrink-
wrapped accordingly, and free of dirt, sand, and/or any other foreign particles
upon delivery.
6. Tabulation results will be posted on The School Board of Marion County, Florida Purchasing
Department webpage; we do not mail or email copies of the tabulation results.
Prior to the release of this Invitation to Bid (ITB), a review of State of Florida purchasing
agreements and state term contracts available under §287.056, Fla. Stat. (2022) was conducted
to determine if their use would be economically advantageous to the District.
B. MINIMUM ORDERS: The main goal of the School Board’s Central Warehouse is to
achieve three (3) to four (4) turns of inventory overall on an annual basis. Minimum
order requirements are considered on a line-item basis only. Minimum order
requirements on groups and/or by brands of line or product items will not be
considered. If the bidder wishes to set line item minimum order requirements, they
must indicate so on the Proposal Form, and will only be considered if determined to
be in the best interest of the School Board. Again, separate memos, letters, or any
other additional paperwork that may contain additional terms and conditions,
discounts, etc., will not be considered or accepted.
C. FLORIDA PREFERENCE: Pursuant to §287.084, Fla. Stat. (2022), and subject to applicable
federal law, the School Board shall make appropriate adjustments to pricing of responses when
proposals have been submitted by bidders having a principal place of business outside the State
of Florida.
A vendor whose principal place of business is outside this state must accompany any written
bid, proposal, or reply documents with a written opinion of an attorney at law licensed to
practice law in that foreign state, as to the preferences, if any or none, granted by the law of
that state to its own business entities whose principal places of business are in that foreign
state in the letting of any or all public contracts. THE “BIDDER’S STATEMENT OF PRINCIPAL
PLACE OF BUSINESS” OR SIMILAR FORM IN COMPLIANCE WITH §287.084, FLA. STAT. (2022)
MUST BE EXECUTED AND SUBMITTED IN THIS BID PROCESS. SUCH OPINION SHOULD PERMIT
SCHOOL BOARD’S RELIANCE ON SUCH ATTORNEY’S OPINION FOR PURPOSES OF COMPLYING
WITH §287.084, FLA. STAT. (2022). FAILURE TO EXECUTE AND SUBMIT THE “BIDDER’S
STATEMENT OF PRINCIPAL PLACE OF BUSINESS” OR SIMILAR FORM IN COMPLIANCE WITH
§287.084, FLA. STAT. (2022) DURING THIS BID PROCESS, MAY RESULT IN THE BID BEING
CONSIDERED “NON-RESPONSIVE” AND THE BIDDER’S SUBMISSION BEING REJECTED.
Successful bidders for the purchase of supplies are responsible for supplying all labor,
materials, and equipment required for the delivery of items as directed, at the delivery
locations. A minimum of twenty-four (24) hours’ advance notification of delivery is required
from all freight carriers. All freight charges are to be prepaid by successful bidders and included
in the bid price. Complete documentation of all charges must accompany each invoice for
payment. It is further agreed by all bidders signing this bid proposal that the title to all items
ordered remains with the vendor until received and accepted by the School Board.
F. CONDITIONS AND PACKAGING: It is understood and agreed that any item offered or shipped
as a result of this bid shall be new (current production model at the time of the bid). All
containers shall be suitable for shipment and storage, and all prices shall include standard
commercial packaging.
Packaging: All items offered must be packaged in the manufacturer’s original unopened, sealed
dry packaging. All containers shall have tightly closed lids. All cartons must be palletized and
shrink-wrapped accordingly and free of dirt, sand, and/or other foreign particles upon delivery.
G. PURCHASING CARDS: The School Board is currently utilizing Purchasing Cards in some cases
to procure materials and services or for payment under this proposal. The Proposer, by
submitting a proposal, agrees to accept this manner of payment and may not add additional
handling charges or service fees to purchases made with the School Board Purchasing Card(s).
Refusal to accept this condition may cause the proposal to be declared non-responsive, or
result in revocation of the contract if already awarded.
H. INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance will be at destination unless
otherwise provided. Title and risk of loss or damage to all items shall be the responsibility of
the contract supplier until accepted by the School Board, unless loss or damage results from
negligence by the ordering agency. The contract supplier shall be responsible for filing,
processing and collecting all damage claims. However, to assist him or her in the expeditious
handling of damage claims the School Board shall:
1. Record any evidence of visible damage on all copies of the delivering carrier’s Bill of
Lading.
2. Report damage (visible and/or concealed) to the carrier and contract supplier, confirming
such reports, in writing, within 15 days of delivery, requesting that the carrier inspect the
damaged merchandise.
3. Retain the item and its shipping container, including inner packing material, until
inspection is performed by the carrier, and disposition given by the contract supplier.
I. PACKING SLIPS: It will be the responsibility of the awardee(s) to attach all packing slips to the
OUTSIDE of each shipment. Packing slip must reference the School Board purchase order
number/control number. Purchase Orders sent to Awarded Bidders are the official notification
to deliver materials described therein; and the time allowed for delivery begins with the date
of the Purchase Order. In the event that the Awarded Bidder fails to deliver the materials in
accordance with the terms and conditions of the bid and Purchase Order, the Bidder will be
considered to be in default of the Agreement and subject to the default provisions stated
herein. Failure to provide packing slip attached to the outside of shipments will result in refusal
of shipment at vendor’s expense.
J. FAILURE TO DELIVER: Failure to deliver as specified and at bid price will authorize the School
Board to purchase these items on the open market. On all such purchases, the vendor failing
to meet the bid requirements will be charged the additional cost. Further, the Superintendent
may recommend to School Board that the vendor failing to deliver as specified be removed as
a future bidder on all bids for a period of two years.
K. RIGHT TO INSPECT PLANT: The School Board may, at reasonable times, inspect the part of the
plant or place of business of the bidder(s), awardee(s), contractor(s) or any subcontractor(s)
which is related to the performance of any contract awarded or to be awarded by the School
Board.
L. RECEIPT OF MERCHANDISE: The purchaser reserves the right to reject any and all materials or
products delivered which, in its opinion, do not comply with the bid specifications, within five
(5) calendar days of receipt. All materials or products rejected by the purchaser shall be
promptly removed and replaced by the vendor at no charge.
N. QUANTITIES: Quantities specified herein are estimates based upon the past year’s
requirements and the School District reserves the right to vary the quantities. Due to the
available warehouse facilities, it will not be possible to order the total estimated quantities at
one time.
a. Samples of items, when required, must be furnished free of expense; and if not destroyed,
will upon request, be returned at the bidder’s expense. Request for the return of the
samples must be indicated on his or her bid. Each individual sample must be labeled with
the bidder’s name, bid number, and item number. Failure of the bidder to either deliver
b. When required, the School Board may request full demonstrations of any units bid prior
to the award of any contract.
c. Items may be tested for compliance with specifications under the direction of the Florida
Department of Agriculture and Consumer Services, or an independent testing laboratory.
Bidders shall assume full responsibility for payment for any and all charges for testing and
analysis of any materials offered or delivered that do not conform to the minimum
required specifications. Bidder’s disposition of all items delivered in this category must be
at no expense to the School Board.
P. BRAND NAMES: Use of brand name, trade name, make, model, manufacturer, or vendor
catalog number in specifications is for the purpose of establishing a grade or quality of material
only. It is not the District’s intent to rule out other competition; therefore, the phrase OR
ACCEPTABLE EQUAL is added. However, if a product other than specified is bid, it is the
vendor’s responsibility to submit with the bid, samples, brochures, and detailed
specifications on the items bid. The District shall be the sole judge concerning the merits of
the bids submitted.
Bidder shall indicate on the bid proposal form the Manufacturer’s name and number if bidding
other than the specified brands and shall indicate ANY deviation from the specifications as
listed. Other than specified items offered require complete descriptive technical literature
marked to indicate details(s) conformance with the specification.
Q. AWARD: It is anticipated that this bid will be awarded at the September 12, 2023 Board
meeting.
Methods of Award: In the best interest of the School Board, the Purchasing Department
reserves the right to reject any and all bids or to waive any irregularity or minor technicalities
in bids received. Furthermore, the Purchasing Department can acquire additional quantities at
the prices quoted for this invitation unless additional quantities are not acceptable, in which
case, the bid/proposal sheets must be notated by the bidder “Bid is for Specified Quantity
Only.”
A. “By Item”- Each item in the bid may be awarded individually to the lowest responsive and
responsible bidder.
B. “All or None by Group, Section, or Category”- The bid may be divided into Groups,
Sections, or Categories of similar types of items if it would be impractical to split the award
to multiple vendors. Each Group, Section or Category may be awarded to the lowest
Basis of Award: When price and specification compliance are the primary criteria for making
the vendor selection, the Purchasing Department will recommend the lowest bid price from a
responsive and responsible bidder(s) to the School Board. The School Board may apply all or
any part of the following criteria to determine if a bidder is responsible:
A “Responsible” bidder is defined as one who is able to satisfactorily perform the work
described in the invitation to bid or request for proposal.
The School Board reserves the right to reject any offer or bid if the prices are materially
unbalanced. An offer is materially unbalanced if it is mathematically unbalanced, and if there
is reason to believe that the offer would not result in the lowest overall cost to the district,
even though it is the lowest evaluated offer. An offer is mathematically unbalanced if it is based
on prices that are significantly less than the fair market price for some bid line items and
significantly greater than the fair market price for other bid line items. The fair market price
shall be determined based on industry standards, comparable bids or offers, existing contracts,
or other means of establishing a range of current prices for which the line items may be
obtained in the marketplace. The determination of whether a particular offer or bid is
R. TERM OF CONTRACT: The term of any awarded contract shall be from October 1, 2023, through
March 31, 2024. The awardee will be notified by the Purchasing Department when the
recommendation has been acted upon. All prices shall be firm for the term of the bid.
T. REBATES, INCENTIVES, REDUCTIONS: All forms of price reductions, rebates and incentives,
whether negotiated or offered from awarded suppliers, distributors, dealerships or
manufacturers will be evidenced and credited against prices established in the award of all bids
for commodities or services. Credits for any price reductions will be indicated against final or
invoiced price. Incentives and/or rebates shall be credited against invoices and so indicated.
Payment in the form of incentive, rebate, or reduction must be made payable to The School
Board of Marion County, Florida and clearly identify the bid number and corresponding order
or invoice that the incentive, rebate, or reduction was applied. If Federal Funding is used, all
goods, services, or monies received as the result of any equipment or government commodity
rebates, incentives, or reductions shall be credited to the SFA’s nonprofit food service account.
U. BIDDERS RESPONSIBILITY: Before submitting his or her bid, each bidder is required to carefully
examine the invitation to bid specification and to completely familiarize oneself with all of the
terms and conditions that are contained within this bid. Ignorance on the part of the bidder
will in no way relieve him or her of any of the obligations and responsibilities which are a part
of this bid.
V. MANUFACTURER’S AUTHORIZATION: The bidder must supply a letter from each manufacturer
for any items which he or she is bidding. The manufacturer’s letter(s) shall indicate
W. W-9 Form - Request for Taxpayer Identification Number and Certification: The bidder must
fully complete and submit a W-9 with his or her bid submission, which may be found on the
Purchasing Homepage:
http://www.marionschools.net/cms/lib010/FL01903465/Centricity/Domain/14548/fw
9.pdf
Failure to comply may cause your bid submission to be deemed non-responsive to the terms
of this solicitation.
X. SEALED BID REQUIREMENTS: The "Invitation To Bid" bidder's acknowledgment sheet must be
completed, signed, and returned. In addition, the Proposal Pages(s) on which the bidder
actually submits a bid must be executed and submitted with this bid. Bids received that fail to
comply with these requirements shall not be considered for award.
Y. CONTRACT: The submission of a bid constitutes an offer by the bidder. Upon acceptance by
the School Board, the Purchasing Department will post the tabulation on its website (See Bid
Tabulations, Recommendations & Protest under Special Conditions). Purchase order(s) for any
supplies, equipment and/or services will be placed per the term of this bid. The bid and the
corresponding purchase order(s) will constitute the complete agreement between the
successful bidder and School Board.
Z. PURCHASE AGREEMENT: This bid, and the corresponding Purchase Orders, will constitute the
complete Agreement. Board will not accept proposed terms and conditions that are different
than those contained in this Invitation to Bid, including pre-printed text contained on catalogs,
price lists, other descriptive information submitted or any other materials. By virtue of
submitting a bid, vendor agrees to not submit to any School Board employee for signature or
without signature requirement, any document that contains terms and conditions that are
different than those contained herein and that in the event any document containing any term
or condition that differs from those contained herein is executed or accepted, said document
shall not be binding on the School Board.
AA. ESTIMATED DOLLAR VALUE: No guarantee of the dollar amount of this bid is implied or given.
BB. SUBCONTRACTORS: No part of this contract shall be subcontracted without the expressed
permission of the Purchasing Department. Any request to subcontract must be in writing and
accompanied by a copy of the subcontracting company's Marion County License and details of
their contract.
DD. WARRANTY: Supplier shall guarantee entire order to be free of defects in workmanship and
materials for no less than one year from date installation is accepted. Supplier and/or installer
shall repair and/or replace, at no cost to the School Board, any defects or malfunctions noted
during the warranty period and shall in addition transfer to the owner any manufacturer’s
guarantee for supplier/installer furnished equipment extending beyond this contract period.
Supplier shall provide the manufacturer’s warranty in writing.
EE. PRODUCT RECALL: Vendor assumes full responsibility of prompt notification to the purchasing
agent of any product recall in accordance with the applicable State and Federal regulations.
Vendor shall, at the option of the ordering agency, either reimburse the purchase price or
provide an equivalent replacement product at no additional cost. Vendor shall be responsible
for removal and/or replacement of the affected product within a reasonable time as
determined by the ordering agency.
FF. CIVIL RIGHTS: The contractor shall comply with Title VI of the Civil Rights Act of 1964, as
amended; USDA regulations implementing Title IX of the Education Amendments; Section 504
of the Rehabilitation Act of 1973; Age Discrimination Act of 1975; 7 C.F.R. Parts 15, 15a, and
15b; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement – Nutrition Programs
and Activities, and any additions or amendments.
HH. PERFORMANCE REVIEWS: If Federal funding is used, the School Board has a performance
review process including cost, qualities, and vendor service. Evaluating and monitoring are
done as part of a quality control program. The vendor report card determined to be less than
satisfactory allows the School Board to exercise its right to cancellation of the award.
II. INSURANCE REQUIREMENTS: Proof of the following insurance will be furnished by the
awarded bidders to The School Board of Marion County, Florida by Certificate of Insurance. The
Certificate of Insurance (Acord Form) must be submitted eleven (11) days prior to the Board
approval date referenced in this solicitation. Failure to submit the required insurance
documentation does not relieve the awarded bidder(s) of the obligation outlined in this section.
and approved prior to the start of any work or the possession of any school property. Renewal
certificates must be forwarded to the same department prior to the policy renewal date.
Thirty days’ written notice must be provided to the School Board via certified mail in the event
of cancellation. The notice must be sent to the Purchasing Department.
The awarded bidders shall provide complete copies of any insurance policy for required
coverage within seven days of the date of request by the Purchasing Department. For all
contracts with a bid amount of $500,000 or more the actual INSURANCE POLICY must be
included with the Certificate of Insurance.
1. WORKERS' COMPENSATION: Bidder(s) must comply with § 440, Fla. Stat. (2022) Workers'
Compensation and Employees' Liability Insurance with minimum statutory limits.
2. COMMERCIAL GENERAL LIABILITY: Awarded bidders shall procure and maintain, for the
life of this contract/agreement, Commercial General Liability Insurance with a firm licensed
in the state of Florida with a financial rating of A- or better. This policy shall provide
coverage for death, bodily injury, personal injury, products and completed operations
liability and property damage that could arise directly or indirectly from the performance
of this agreement. It must be an occurrence form policy. The School Board of Marion
County, Florida shall be named as additional insured on the certificate and an
endorsement for additional insured provided for commercial general liability insurance.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined, Single Limit
for Bodily Injury Liability and Property Damage Liability.
OR
BUSINESS AUTOMOBILE LIABILITY: Awarded bidders shall procure and maintain, for the
life of the contract/agreement, Business Automobile Liability Insurance issued by a
company licensed in the state of Florida with a financial rating of A- or better. The School
Board of Marion County, Florida shall be named as additional insured on the certificate
and an endorsement for additional insured provided for business automobile liability.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined Single Limit
for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any
Auto" form policy. The insurance must be an occurrence form policy.
In the event the contractor does not own any vehicles, the School Board will accept hired
and non-owned coverage in the amounts listed above. In addition, the School Board will
require an affidavit signed by the contractor indicating the following:
{Company Name} does not own any vehicles. In the event we acquire
any vehicles throughout the term of this contract/agreement,
{Company Name} agrees to purchase "Any Auto" coverage as of the
date of acquisition.
JJ. INDEMNIFICATION/ HOLD HARMLESS AGREEMENT: The bidder indemnifies the School Board
from any and all liability, loss or damage the School Board may suffer as a result of any claim,
demand, cost, or judgment against it, related directly or indirectly to the performance of the
bidder’s obligations under the terms of this Contract. Said indemnity includes, but is not limited
to, interest, court costs and attorney’s fees incurred by the School Board as a result of any
action brought against it, as well as all attorney’s fees, court costs and any other costs incurred
by the School Board in establishing the right to indemnification and collecting any judgment
against the bidder. The bidder is not required to indemnify the School Board for the proportion
of liability a court determines is attributable to the negligence or willful misconduct of the
School Board. School Board agrees to notify the bidder in writing within ten (10) days of receipt
of any notice of any action against School Board pertaining to this matter. Such notice will be
by certified mail, return receipt requested, or by overnight courier. A notification will be
deemed given on the date such notice is postmarked regardless of whether the bidder actually
received said notification. The bidder further agrees in the event the court denies or reduces
compensation to, or reimbursement of School Board, the bidder will provide the School Board
with the full amount of compensation or reimbursement requested in its statement of services.
KK. DUTY TO DEFEND: The Awarded Bidder agrees, at its own expense, and upon written request
by the School Board, to defend any suit, action or demand brought against the School Board
LL. PRODUCT LIABILITY: Products insured for not less than $1,000,000 per occurrence combined
single limit for bodily injury and property damage. Coverage shall be issued by a company
licensed in the state of Florida with a financial rating of A- or better.
MM. PRICE ADJUSTMENT: The discounts, terms and conditions of this bid are to remain firm
throughout the contract period and any renewal periods.
NN. MINIUM ORDER: If bidder wishes to set a minimum order amount, he or she must so indicate
on the Proposal Form and will be considered only if determined to be in the best interest of the
School Board.
OO. INVOICES: Each invoice shall be furnished in triplicate: one copy (packing slip) shall accompany
job performed; and two copies shall be sent to the School Board’s Florida Finance Department.
DO NOT combine purchase orders on same invoice.
PP. ORDERS: The School Board is not obligated to place any order with any supplier participating
in this bid. However, all departments will be urged to refer to the awarded vendor(s) in order
to obtain items in the most economical manner.
QQ. LIAISON: Successful bidder shall liaison with designated School Board contact to schedule
delivery of services or goods.
RR. OCCUPATIONAL LICENSE: When required by state or local ordinance, the bidder must provide
a copy of the Occupational License of home state/county/city with his or her bid proposal.
Alternately, he or she may provide a current Department of Professional Regulation certificate.
SS. BACKGROUND SCREENING REQUIREMENTS: The School Board is committed to the education
and safety of its students and employees. To that end, any contractor awarded a contract will
represent and warrant 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.
Fingerprinting: Bidder agrees that as a condition of entering into this contract, pursuant to
§§1012.32 and 1012.465, Fla. Stat. (2022), any person entering school grounds or having direct
contact with students on behalf of the bidder must meet Level 2 screening requirements as
described in §1012.32, Fla. Stat. (2022). Screening will be at bidder’s expense or employee’s
expense and must be completed and credentials issued by the School Board prior to the
screened individual having access to students or to the school grounds.
E-Verify: Under Executive Order 11-116, and Section 448.095, Fla. Stats. (2022), CONTRACTOR
must use the U.S. Agency of Homeland Security’s E-Verify system, https://e-
TT. FUNDING-OUT, TERMINATION, CANCELLATION: Florida Statutes 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.
It is necessary that fiscal funding-out provisions be included in all bids in which the terms are
for periods of longer than one year.
Therefore, the following funding-out provisions are an integral part of this bid and must be
agreed to by all bidders:
School Board may, during the contract period, terminate or discontinue the items covered in
this bid only at the end of School Board's then current fiscal year upon thirty (30) days prior
written notice to the awardee(s).
"This written notification will thereafter release The School Board of Marion County, Florida
of all further obligations in any way related to such items or services covered herein."
This completed statement must be included as part of any lease agreement submitted by the
successful bidder: No lease will be considered that does not include this provision for "funding-
out."
UU. USE OF OTHER CONTRACTS: The School Board reserves the right to utilize other School Board
Contracts, State of Florida Contracts, contracts awarded by other city or county governmental
agencies, other school boards, other community college/state university system cooperative
bid agreement 6A-1.012 (5), or to directly negotiate/purchase per School Board policy and/or
State Board Rule 6A-1.012 (6) in lieu of any offer received or award made as a result of this bid,
if it is in its best interest to do so. The School Board also reserves the right to separately bid
any single order or to purchase any item on this bid if it is in its best interest to do so.
Tobacco use on School Board premises and property is subject to a zero-tolerance policy for
tobacco use. All forms of tobacco use are prohibited.
Violations will be subject to the immediate termination provision heretofore stated in General
Condition 18, Legal Requirements.
“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 device; or any machine gun.
No person who has a firearm in his or her vehicle may park said vehicle on School Board
property. Furthermore, no person may possess or bring a firearm on School Board property.
ZZ. ASSIGNMENT: The successful bidder shall not sub-contract, assign, transfer, convey, sublet, or
otherwise dispose of this contract, or of any or all of its rights, title, or interest therein, or its
power to execute such contract to any person, firm, or corporation without prior written
consent of the School Board.
AAA. ORDERING PROCEDURE: Specific Items: After approval of contract award by School Board,
separate purchase orders will be issued based on specific items at firm, fixed prices listed in the
bid.
No item may be shipped or service performed that is not listed on the purchase order. Unless
otherwise specified, entire shipment must be completed within 60 days.
BBB. PAYMENT TERMS: School Board payment terms are net thirty (30) days. Payment will not be
processed until the following occurs:
Invoices to the School Board MUST include the following to permit verification of prices and
expedite payment to vendors. Therefore, every invoice MUST list the items below where
applicable:
Failure to correctly invoice in accordance with these guidelines may result in delay of
payment. No payment will be made on partial shipments.
CCC. WITHDRAWAL: A bidder may not withdraw a bid after the final call for bids at a designated
time of opening. When a bidder wishes to withdraw a bid, a written request shall be submitted
to the Purchasing Specialist and the request will be reviewed for consideration. In no case shall
a bidder be granted a release from his or her bid or proposal more than one (1) time in a two
(2) year period without penalty.
DDD. PUBLIC ENTITY CRIMES: Per §287.133, Fla. Stat. (2022) - A person or affiliate who has been
placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid or a contract to provide any goods or services to a public entity; may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids on leases of real property to a public entity; may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity in excess of the threshold
amount provided in §287.017, Fla. Stat. (2022), for CATEGORY TWO for a period of thirty-six
(36) months from the date of being placed on the convicted vendor list.
The bidder certifies, by submission of this bid, that neither he or she nor his or her principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any State or Federal department/agency.
EEE. DEFAULT: In the event that the awarded vendor should breach this contract, the School Board
reserves the right to seek all remedies in law and/or in equity.
GGG. SUBCONTRACTING: If a vendor intends to subcontract any portion of this bid for any reason,
the name and address of the subcontracting firm must be submitted along with their bid for
approval. No subcontracting will take place prior to a bid-awarded vendor furnishing this
information and receiving written approval from School Board.
The Purchasing Department reserves the right to reject a subcontractor who previously failed
in the proper performance of an award or failed to deliver on-time contracts of a similar nature,
or who is not in the position to perform this award. School Board representative reserves the
right to inspect all facilities of any subcontractor in order to make determination as to the
foregoing. The subcontractor will be equally responsible for meeting all requirements specified
in this Invitation to Bid.
HHH. LOBBYING: Bidders are hereby advised that they are not to lobby with any School Board
personnel or board members related to or involved with this bid until the administration’s
recommendation for award has been posted in the Purchasing Department. Written inquiries
only must be directed through the Purchasing Department.
LOBBYING is defined as any action taken by an individual, firm, association, joint venture,
partnership, syndicate, corporation, and all other groups who seek to influence the
governmental decision of a board member or School Board personnel after advertisement and
prior to the board’s vote on the award of this contract.
Any bidder who is adversely affected by the recommended award may file a protest within the
time prescribed in §120.57(3), Fla. Stat. (2022).
Failure to post bond with School Board or to adhere strictly to the requirements of statutes and
state board rules pertaining to protests will result in summary dismissal by the Purchasing
Department.
Any bidder or any individuals who lobby on behalf of the bidder during the time specified will
result in rejection / disqualification of said bid.
III. DELIVERY OF BIDS: When hand delivering a bid, bidders must follow the School Board's
security access procedures. The procedures are as follows:
Bidders should allow at least thirty (30) minutes to follow the above procedures to submit
his or her bid to the Purchasing Department, no later than the date and time designated in
the bid.
JJJ. POSTING OF BID AND SPECIFICATIONS: Invitation to bid with specification will be posted for
review by interested parties, at 506 SE 3rd Avenue, Ocala, FL 34471, on the date the Invitation
to Bid Notification is emailed to vendors registered with the School Board; and will remain
posted for a period of ten days. Failure to file a specification protest within the time prescribed
in §120.57(3), Fla. Stat. (2022), will constitute a waiver of proceedings under §120, Fla. Stat.
(2022).
KKK. BID TABULATIONS, RECOMMENDATIONS, AND PROTEST: Bid Tabulations with award
recommendations are posted to the Purchasing website at:
https://www.marionschools.net/Page/52137
The same will be posted in the Purchasing Department for review by interested parties, at 506
SE 3rd Avenue, Ocala, FL 34471, within thirty (30) days after bid opening. If the bid tabulation
with recommended awards is not posted by said date and time, A "Notice of Delay of Posting"
will be posted to inform all proposers of the new posting date and time. Notices for
recommendations and awards will not be mailed.
Any person adversely affected by the solicitation, decision or intended decision must file a
notice of protest, in writing, within seventy-two (72) hours after the posting. The formal written
protest shall state with a particularity the facts and law upon which the protest is based. Failure
to file protest within the time prescribed in §120.57(3), Fla. Stat. (2022), will constitute a waiver
of proceedings under §120, Fla. Stat. (2022).
LLL. BID PROTEST: If a bidder wishes to protest a bid, he or she must do so in strict accordance with
the procedures outlined in §120.57(3), Fla. Stat. (2022), and Paragraph 3 of the bid term
entitled Lobbying contained within this bid, and School Board Policy 7.70.
Any person who files an action protesting a solicitation, decision or intended decision
pertaining to this bid pursuant to §120.57(3)(b), Fla. Stat. (2022), shall post with the Purchasing
Department, at the time of filing the formal written protest, a bond secured by an acceptable
surety company in Florida payable to The School Board of Marion County, Florida in an amount
equal to 1 percent (1%) of the total estimated contract value, but not less than $500 nor more
than $5000. Bond shall be conditioned upon the payment of all costs that may be adjudged
against the protester in the administrative hearing in which the action is brought and in any
subsequent appellate court proceeding. In lieu of a bond, a cashier's check, certified bank
check, bank certified company check or money order will be acceptable form of security. If,
MMM. INFORMATION: Any questions concerning conditions and specifications must be submitted in
writing and received no later than seventy-two (72) hours prior to the deadline for receiving
the bid (excluding Saturdays, Sundays, and State Holidays). Questions received in writing within
the required timeframe will be answered in writing. Rick Collins is only authorized to direct the
attention of prospective bidders to various portions of the Bid so that they may read and
interpret such for themselves. Neither Mr. Collins nor any employee of the School Board is
authorized to interpret any portion of this bid or give information as to the requirements of the
bid in addition to that contained in the written documents.
If necessary, an addendum will be posted on the Purchasing website. Copies of addendum will
be made available for inspection at the School Board’s Purchasing Department where bidding
documents will be kept on file.
No addendum will be issued later than three (3) calendar days (excluding Saturdays, Sundays,
and State holidays) prior to the date for receipt of bids, except an addendum withdrawing the
invitation to bid or one which includes postponement of the date for receipt of bids.
No verbal or written information which is obtained other than by information in this document
or by addendum to this bid will be binding on the School Board.
NNN. BIDS WHICH REQUIRE DELIVERABLE TANGIBLE ITEMS: School Board will not be liable for loss
or damage to items shipped to the School Board in error after thirty (30) days from the
verifiable date of receipt of the item(s).
OOO. RESTRICTIVE SPECIFICATIONS: Should the specifications of this bid be determined by the
bidder to be too restrictive, notice shall be given within seventy-two (72) hours after the
posting of the invitation to bid or request for proposals.
Are not presently debarred, suspended, proposed for debarment, and declared ineligible,
or voluntarily excluded from covered transactions by any federal department and agency.
Have not within a three-year period preceding this application been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state, or
local) transaction or contract under a public transaction; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state or local) with commission of any of the offenses enumerated in this
certification.
Have not within a 3-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
C. Where the applicant is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
§215.473, Fla. Stat. (2022) 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 response to this solicitation, a respondent certifies that it and those related
RRR. ADDITIONAL TERMS AND CONDITIONS: No additional terms and conditions included with any
Bid shall be evaluated or considered and any and all such additional terms and conditions shall
have no force and effect and are inapplicable to this Invitation to Bid, whether submitted
purposefully through intent or design or inadvertently appearing separately in transmittal
letters, specifications, literature, price lists, warranties, or shipping documents. It is understood
and agreed that only the terms, conditions, and specifications appearing in this Invitation to
Bid are applicable and in full force and effect. The bidder’s authorized signature appearing
elsewhere in the Invitation to Bid attests to this.
1. Bidders must provide pricing to the package requirements stated for each item.
2. Unit price will prevail and failure to bid on an item or group of items as specified
may result in the rejection of that item or group of items.
4. If you have a different part number for an item other than the manufacturer,
part number please indicate that part number in the stock number filed. Include
the unit price, brand, stock number, and package size.
5. Samples are required if bidding other than what is specified: Refer to page 14,
“P. BRAND NAMES”.
6. NOTE: Vendors are to complete the Proposal Form contained within this bid
document as it is written.
7. The following will not be considered or accepted if submitted along with the
Proposal Form:
Miscellaneous Cleaners Est. Unit MCSB Stock # Brand Packing Line Item
Qty. & Size Unit Minimum
Stock Price (If
# Required)
58. Laundry Soap, 120 Cases 0050200300
H.E. Low
Foaming
Arm & Hammer
OR
ACCEPTABLE
EQUAL
CDC3320000109
Miscellaneous Cleaners Est. Unit MCSB Stock # Brand Packing Unit Line Item
Qty. & Size Price Minimum
Stock (If
# Required)
65. Citrus Solvent, 240 Each 0050200155
1 Qt. Pro-Chem
ONLY, #242401
Companies incorporated within the State of Florida must furnish their Florida document number.
Companies incorporated in any other state must furnish their applicable document number. All
corporations or other legal entities must be registered to do business in the State of Florida and have
an active status in order to be eligible to do business with the School Board. The specific
requirements for registration are found in §607, Fla. Stat. (2022). To register with the State of Florida,
visit: www.Sunbiz.org
Company: ________________________________________________
Address: __________________________________________________
City/State/Zip: ______________________________________________
_________________________________________________________
Occupational License Number or Contractor Certification (Only use if required)
3. Following is a partial list of work the bidder has completed in the last five (5) years) which is similar in
character and in magnitude to that required in the proposed Contract:
YEAR OWNER LOCATION CONTRACT AMOUNT
6. List the supervisory personnel to be employed by the bidder and available for work on this project (Project
Manager, Principal Foreman, Superintendents):
NAME TITLE YEARS EXPERIENCE
7. List Subcontractors – Name, address and years of experience, if you will be utilizing subcontractors on any
portion of this project.
NAME Address YEARS EXPERIENCE
_________________________________ ______________________________
NAME TITLE
If you need additional space, please submit a separate sheet with appropriate headings.
Identify the state in which the bidder has its principal place of business: ____________________________________
If your principal place of business is located within the State of Florida, you do not need to proceed any further on this form.
NOTE: Section 287.084(2), Fla. Stat. (2022) states that “A vendor whose principal place of business is outside this state must
accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in
that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal
places of business are in that foreign state in the letting of any or all public contracts.”
The bidder’s principal place of business is in the State of ___________________ and it is my legal opinion that the laws of that
state do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business
are in that state.
The bidder’s principal place of business is in the State of ___________________ and it is my legal opinion that the laws of that
state grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of
business are in that state: [Please describe applicable preference(s) and identify applicable state law(s)]:
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
The bidder’s principal place of business is in the political subdivision of ______________________ and the laws of that political
subdivision grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places
of business are in that political subdivision: [Please describe applicable preference(s) and identify applicable authority granting
the preference(s)]:
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
The School Board of Marion County, Florida (“School Board”) takes its public records responsibilities as provided
under §119, Fla. Stat. (2022) and Article 1, Section 24 of the Florida Constitution, very seriously. If Proposer
considers any portion of the documents, data or records submitted in response to this solicitation to be
confidential, trade secret or otherwise not subject to disclosure pursuant to §119, Fla. Stat. (2022), the Florida
Constitution or other authority, Proposer must also simultaneously provide the School Board with a separate
redacted copy of its response. This redacted copy shall contain the School Board solicitation name, number, and
the name of the Proposer on the cover, and shall be clearly titled “Redacted Copy.” The Redacted Copy shall be
provided to School Board at the same time Proposer submits its response to the solicitation and must only
exclude or obliterate those exact portions that are claimed confidential, proprietary, or trade secret. In
compliance with §119.07(1)(e), Fla. Stat. (2022), Proposer must “state the basis for the exemption” that he/she
“contends is applicable to the record, including the statutory citation to an exemption created or afforded by
statute.”
Proposer shall be responsible for defending its determination that the redacted portions of its response are
confidential, proprietary, trade secret or otherwise not subject to disclosure. Further, Proposer shall protect,
defend, and indemnify the School Board for any and all claims arising from or relating to Proposer’s determination
that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to
disclosure.
The School Board will make no effort to verify whether or not the redacted material is exempt from §119, Fla.
Stat. (2022). That determination is totally the responsibility of the Proposer.
If the Proposer fails to submit a Redacted Copy with its response, the School Board is authorized to produce the
entire documents, data or records submitted by Proposer in answer to a public records request for these records.
I have read and understand my responsibilities regarding any purported confidential, proprietary or trade secret
material contained in this proposal.
After reading the above statement, please initial next to the appropriate statement below:
__________ I have included a redacted copy of our proposal along with this original.
_________________________________________________
Signature of Proposer Signing Agreement
______________________________________
Company Name
______________________________________
Signature
______________________________________
Address
______________________________________
City State Zip Code
______________________________________
Date
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 7 CFR Part 3017, Section 3017.510, Participants responsibilities. The regulations were
published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733).
(1) The prospective lower-tier participant certifies, by submission of this proposal, that neither he
or she nor his or her principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
(2) Where the prospective lower-tier participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
____________________________________________________________________________
Organization Name PR/Award Number or Project Name
____________________________________________________________________________
Name(s) and Title(s) of Authorized Representative(s)
____________________________________________________________________________
Signature(s) Date
1. By signing and submitting this form, the prospective lower-tier participant is providing the certification set
out in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower-tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower-tier participant shall provide immediate written notice to the person to whom this
proposal is submitted if at any time the prospective lower-tier participant learns that his or her certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms “covered transaction,” “debarred,” ‘suspended,” “ineligible,” “lower-tier covered transaction,”
“participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,”
as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the person to which this proposal is submitted for
assistance in obtaining a copy of those regulations.
5. The prospective lower-tier participant agrees by submitting this form that he or she shall not knowingly
enter into any lower-tier-covered transaction with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered transaction, unless authorized by the department
or agency with which this transaction originated.
6. The prospective lower-tier participant further agrees by submitting this form that he or she will include this
clause titled “Certification Regarding Debarment, Suspension, Ineligibility, Voluntary Exclusion, and Lower-
Tier-Covered Transactions,” without modification, in all lower tier covered transactions and in all
solicitations for lower-tier-covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower-
tier-covered transaction that he or she is not debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless he or she knows that the certification is erroneous. A participant may decide
the method and frequency by which he or she determines the eligibility of his or her principals. Each
participant may, but is not required to, check the Non-Procurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower-tier-covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction; in addition to other
remedies available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs. Whenever two
or more bids, which are equal with respect to price, quality, and service, are received by the State or by any
political subdivision for the procurement of commodities or contractual services, a bid received from a business
that certifies that it has implemented a drug-free workplace program shall be given preference in the award
process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-
free workplace program. A business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violation of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace- the business' policy of maintaining a
drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and
the penalties that may be imposed upon employees for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy
of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any
violation of §893, Fla. Stat. (2022) or of any controlled substance law of the United States or any state, for
a violation occurring in the workplace, no later than five (5) days after such conviction.
6) Make a good-faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
__________________________________________________
COMPANY NAME
__________________________________________________
VENDOR'S SIGNATURE
Must be executed and returned with attached bid at time of bid opening to be considered.
If you are not bidding on this service/commodity, please complete and return this form to: Purchasing
Department, The School Board of Marion County, Florida, 506 SE 3rd Avenue, Ocala, FL 34471. (Please
print or type, except signature)
Failure to respond may result in deletion of vendor's name from the bidder's list for The School Board
of Marion County, Florida.
ADDRESS: ___________________________________________________________
We, the undersigned, have declined to bid on your Bid No. 3994MF
School Cafeteria Products for Central Warehouse, Six-Month, Term Contract because of
the following reasons:
REMARKS:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
The above-named company certifies that all items purchased by The School Board of Marion County,
Florida, its schools and departments, will be delivered by common carrier and at no time will the
employees of said company be on the premises for delivery or installation purposes.
Signed ___________________________________
Title _____________________________________
REQUIRED:
IF REQUIRED BY ORDINANCE:
IF APPLICABLE:
OR: