request for proposal rfp-18-12 internet access … · failure to attend this pre-proposal meeting...

8700 Centreville Road, Suite 400

Manassas, VA 20110

REQUEST FOR PROPOSAL

RFP-18-12

INTERNET ACCESS SERVICES

MANDATORY PRE-BID MEETING: WEDNESDAY, DECEMBER 20, 2017 AT 1:00 PM,

8700 Centreville Road, Suite 340, Manassas, VA 20110

PROPOSAL DUE DATE:

THURSDAY, JANUARY 18, 2018 BY 2:00 PM OUR CLOCK

ALL QUESTIONS AND INQUIRIES SEND TO

Guinevere Bruner, CPPB Purchasing Agent

[email protected]

BID AND AWARD REQUIREMENTS: CERTIFICATE OF

INSURANCE YES AWARDED FIRM MUST SUBMIT PRIOR TO

PRE-CON MEETING

STATE CONTRACTOR’S LICENSE

YES MUST SUBMIT COPY WITH YOUR BID (IF REQUIRED BASED ON RESPONSE)

BID DELIVERY INSTRUCTIONS:

Hand Deliver Or Overnight Delivery:

Important - US Postal First Class – Allow 5 Business Days For Delivery:

Manassas City Public School

Central Office/ Purchasing RFP-18-12 Attn: Guinevere Bruner, CPPB

8700 Centreville Road, Suite 400 Manassas, VA 20110

Manassas City Public School

Central Office/ Purchasing RFP-18-12 Attn: Guinevere Bruner, CPPB

P.O. Box 520 Manassas, VA 20108

mailto:[email protected]

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TABLE OF CONTENTS TITLE PAGE NO

Cover ...................................................................................................................................................... 1

Table of Contents .................................................................................................................................. 2

Advertisement ........................................................................................................................................ 3

Purpose .................................................................................................................................................. 5

Background ............................................................................................................................................. 5

Point of Contact ..................................................................................................................................... 5

Anticipated Schedule............................................................................................................................. 5

E-RATE ................................................................................................................................................... 6

Period of Contract .................................................................................................................................. 6

Scope of Work ........................................................................................................................................ 7

Submission of Proposals ...................................................................................................................... 8

Evaluation ............................................................................................................................................. 10

Award of Contract ............................................................................................................................... 10

Special Conditions ............................................................................................................................... 13

General Terms and Conditions ........................................................................................................... 18

ATTACHMENTS AND EXHIBITS

Attachment 1 Vendor Signature Page ................................................................................................. 24

Attachment 2 Certification Statement ................................................................................................. 25

Attachment 3 Criminal Conviction Form ............................................................................................. 26

Attachment 4 VPPA Form .................................................................................................................... 27

Attachment 5 References/ List of Subcontractors ........................................................................... 28

Attachment 6 Price Schedule ............................................................................................................. 30

IMPORTANT: PLEASE READ THIS ENTIRE DOCUMENT

1. BIDDER’S RESPONSIBILITY:

TO SUBMIT THEIR PROPOSAL BY THE DUE DATE AND TIME,

TO CHECK THE MCPS WEBSITE FOR ANY ADDITIONAL INFORMATION WWW.MCPSVA.ORG

2. NO PUBLIC OPENING AFTER CLOSING. NO QUESTIONS OR AWARDS ARE DETERMINED AT THIS TIME. 3. FACSIMILE AND ELECTRONIC DOCUMENTS ARE NOT ACCEPTABLE. 4. CHECK THE MCPS WEBSITE FOR BID TABULATION SHEET AND PROJECT UPDATES.

http://www.mcpsva.org/

RFP -18-12 3

TITLE: RFP-18-12 - Internet Access Services

BID DUE DATE: THURSDAY, JANUARY 18, 2018 BY 2:00 P.M., OUR CLOCK. NO PUBLIC OPENING.

PROJECT OVERVIEW: Manassas City Public Schools, VA is seeking qualified responses for Internet Access Services

to provide its schools and offices with reliable, high-speed Internet connectivity in accordance with the Federal

Universal Service Fund (E-Rate) program.

MANDATORY PRE-PROPOSAL MEETING: WEDNESDAY, DECEMBER 20, 2017, 1:00 P.M. at 8700 CENTREVILLE ROAD, SUITE 340, MANASSAS, VA 20110. Offerors are required, to be in attendance at this meeting. Failure to attend this pre-proposal meeting will result in any response being deemed non-responsive. Attendees should take into consideration the potential traffic and weather issues in the Northern Virginia area. Attendees may bring subcontractors, cameras and small measurement tools. THIS IS THE ONLY OPPORTUNITY TO VISIT THE PROJECT SITE. VENDORS ARE NOT ALLOWED ON SCHOOL PROPERTY WITHOUT PRIOR AUTHORIZATION. DEADLINE FOR QUESTIONS: FRIDAY, JANUARY 5, 2018 by 4:30 PM EST. Email questions to Point of Contact. POINT OF CONTACT: Guinevere Bruner, Purchasing Agent, [email protected] or 571-377-6042. All questions, clarifications or ambiguities must be in writing. All questions MUST have the RFP number and Title listed in the Subject Line of the email. NO CONTACT POLICY: Upon the date of issuance of this solicitation, any contact initiated by any bidder or offeror with any School representative (superintendent, staff, school board, students, or evaluation committee) other than the Purchasing Agent, concerning this bid or proposal is prohibited. Any such unauthorized contact may cause the disqualification of a bid or proposal. SUBMISSION OF PROPOSALS: Submit one (1) marked Original, one (1) marked Copies and three (3) thumb drives.

HAND DELIVER OR OVERNIGHT DELIVERY:

IMPORTANT: MAIL US POSTAL 1ST CLASS – ALLOW 5 BUSINESS DAYS FOR DELIVERY:

Manassas City Public School Central Office/ Purchasing RFP-18-12

Attn: Guinevere Bruner, CPPB 8700 Centreville Road, Suite 400

Manassas, VA 20110

Manassas City Public School Central Office/ Purchasing RFP-18-12

Attn: Guinevere Bruner, CPPB P.O. Box 520

Manassas, VA 20108

Any changes and/or addenda will be posted on the eVirginia and MCPS websites. Bidders are responsible for acknowledging any and all addenda prior to bid submission. Failure to acknowledge all addenda may result in declaration of your proposal as non-responsive. BID DOCUMENTS: Available on the eVA State Bid System and MCPS website www.mcpsva.org (click “Departments and Offices”, “Finance & Operations”, then “Purchasing & Contracting”). The term “bid” and “proposal” shall mean the same. Any changes and/or addenda will be posted on the eVA and MCPS website. Offerors are responsible for checking addenda on the MCPS website prior to bid submission. Failure to acknowledge all addenda may result in declaration of your proposal as non-responsive or will result in a lower score. COMMENTS: No bids will be accepted after the due date and time or at any other locations. No bids may be withdrawn for a period of sixty (60) days after closing time for the receipt of bids, except as provided by the Code of Virginia. It is our intent to award on a firm fixed pricing to the lowest responsive and responsible bidder. The School Board reserves the right to negotiate project price and time with the lowest responsive and responsible bidder if adequate funds are not budgeted to undertake this project. MCPS reserves the right to reject any and all bids, or any part and to waive any irregularities and informalities to make an award in our best interest with or without cause.



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Bidders are required under Title 54.1-1100, Code of Virginia, to show evidence of certificate of registration by indicating the appropriate contractor’s license number on the bid form. Bidders are required to provide a copy of the license with their bid response. Offerors must note in their responses if a Class A License will be necessary to complete the project as specified and/or proposed. Manassas City Public Schools does not discriminate against faith-based organizations in accordance with the Code of Virginia, §2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment. Date of Issuance: December 13, 2017

RFP -18-12 5

RFP-18-12 INTERNET ACCESS SERVICES (E-RATE)

BID DUE DATE: THURSDAY, JANUARY 18, 2018 BY 2:00 PM, OUR CLOCK

1. PURPOSE: The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified Offerors for Internet Access Services for Manassas City Public Schools, VA in accordance with the Federal Universal Service Fund (E-Rate) program.

2. BACKGROUND: Manassas City Public Schools is located 35 miles southwest of Washington, DC and 80 miles

north of Richmond, Virginia. MCPS serves the City of Manassas, consisting of approximately ten square miles, however

separate from, but within the geographic boundaries of Prince William County, Virginia. The county encompasses 348 square

miles and stretches from the Potomac River to the Bull Run Mountains. The City has approximately 40,000 residents and the

school division provides services to more than 7,700 students from pre-K to grade 12.

Currently, there are five elementary schools (grades PK-4), two intermediate schools (5-6), one middle school (grades 7-8) and one high school (grades 9-12). Staff includes approximately 1,100 FTE instructional, administrative, and support positions. MCPS provides school bus transportation, child nutrition, counseling, athletic programs, and other operations to support instructional programs. As of 2017, the school and facility locations are as follows:

Osbourn High School 1977 Eagle Way Manassas, VA 20110

Grace E. Metz Middle School 9950 Wellington Road Manassas, VA 20110

Mayfield Intermediate School 9400 Mayfield Court Manassas, VA 20110

Baldwin Elementary/ Intermediate School

1978 Eagle Way Manassas, VA 20110

Jennie Dean Elementary 9601 Prince William Street Manassas, VA 20110

R.C. Haydon Elementary 9075 Park Avenue Manassas, VA 20110

George C. Round Elementary 10100 Hastings Drive Manassas, VA 20110

Weems Elementary 8750 Weems Road Manassas, VA 20110

Central Office 8700 Centreville Road Manassas, VA 20110

Facilities and Transportation 8500 Public Works Road Manassas, VA 20110

3. POINT OF CONTACT: All questions, clarifications, or ambiguities must be in writing. At no time shall a Vendor contact the superintendent, staff personnel, school board members, students, consultant, departments or the evaluation/selection committee. As appropriate, responses are issued in an addendum and posted.

Guinevere Bruner, CPPB Purchasing Agent Office: 571-377-6042 E-mail: [email protected]

4. ANTICIPATED SCHEDULE OF EVENTS: All times are local and by our clock.

Request for Proposal Solicitation December 13, 2017

Mandatory Pre-Proposal Conference December 20, 2017 at 1:00 PM. THIS IS THE ONLY OPPORTUNITY TO VISIT THE SITE.

Deadline for Questions January 5, 2018

Addendum Issuance, if needed January 11, 2018

Proposal Due Date January 18, 2018 at 2:00 PM

Short List FEBRUARY 2018

Interviews, if requested FEBRUARY 2018

Negotiations FEBRUARY 2018

School Board Award of Contract, if required

MARCH 2018

Signed Contract MARCH 2018

Issuance of Purchase Order JULY 2018


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5. PERIOD OF CONTRACT AND RENEWAL: 5.1 The period of this contract shall be from the July 1, 2018 to June 30, 2021 (initial contract term). Pricing

shall remain firm for the contract period. This contract may be renewed for two (2) additional one-year periods upon mutual written consent of the parties to the contract. The maximum duration of the agreement including all extensions, shall be five (5) years.

5.2 Price changes after the initial contract term shall be reviewed. For contract renewal periods, price increases

shall not exceed the percentage increase/decrease in the Consumer Price Index, Table 2 https://www.bls.gov/news.release/cpi.t02.htm, Urban Consumers (CPI-U), U.S. City Average, by detailed expenditure category, Internet Services and Electronic Information Providers, unadjusted, for the most recently published month at the time of renewal, as published by the U.S. Department of Labor, Bureau of Statistics. The base price to which any adjustments will be made shall be the prices in effect during the contract period prior to the proposed contract period. Price increases shall not exceed 3% (three percent).

5.3 It is understood and agreed between the parties herein that MCPS shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this contract.

5.4 For Pricing refer to Appendix 6 for the required pricing detail. The Offeror must identify one-time installation/set-up costs and monthly recurring costs, both for E-Rate eligible and ineligible expenses.

6. E-RATE: Offerors responding to this RFP are advised that MCPS participates in the Federal Universal Service Fund (E-Rate) program governed by the Federal Communications Act of 1996 (Snowe-Rockefeller-Exon-Karrey amendment). This program provides MCPS the opportunity to receive discounts for certain products and services provided by Contractors.

6.1 E-Rate Participation: The Contractor must agree to participate in the E-Rate Program and to cooperate fully and in all respects with MCPS E-Rate Program to ensure that MCPS receive all of the E-Rate funding for which it has applied and to which it is entitled in connection with the Contractor’s services and/or products.

6.2 Service Provider Identification Number (SPIN) and FCC Registration Number (FCCRN): The Offeror shall submit with its proposal a Service Provider Identification Number (“SPIN”). The SPIN must be recognized by the SLD and FCC as an eligible telecommunications provider and therefore qualified to receive discounts under the Telecommunications Services bucket of the program. The Offeror also shall provide the company’s FCC Registration Number.

6.3 Cooperation with MCPS Preparation of E-Rate Applications: The Contractor shall provide to MCPS staff and/or MCPS’s E-Rate Consultant in a timely manner, within the posted E-Rate deadlines, all of the information and documentation that the Contractor has or that Contractor reasonably can acquire that MCPS may need to prepare E-Rate applications and/or to document transactions eligible for E-Rate support (www.sl.universalservice.org).

6.4 Discounts and Reimbursements: At MCPS’s discretion and consistent with E-Rate Program regulations, the Contractor either shall (a) apply the approved E-Rate discount to all services and/or products approved for funding and invoice the Universal Service Administrative Company for the balance or (b) remit to MCPS the E-Rate discounted amount pursuant to the Billed Entity Application Reimbursement Process or any other reimbursement process in effect.

6.5 Separate Itemization of E-Rate Eligible and Ineligible Products and Services: The Contractor shall separately itemize the cost of E-Rate eligible and ineligible products and separate installation costs, if any. To determine what items are eligible, visit the E-Rate Eligible Services List at http://www.universalservice.org or call the Schools and Libraries Division (SLD) of the Universal Service Administrative Company at 888-203-8100.

6.6 Compliance with E-Rate Contract Signing Rules: The Contractor must acknowledge in its Proposal that the Contractor will make every effort to have any contract addendums that may arise from this RFP signed in accordance with the E-Rate contract signing rules. Further, the Contractor must acknowledge in its Proposal that if the contract or addendum is signed outside of the E-Rate contract signing window, the Contractor will disclose to MCPS, before soliciting MCPS execution of the contract, that the contract is not eligible for E-Rate funding.

6.7 Telecommunications Provider Status: The Contractor must not be currently on red light status by Universal Service Administration Company (USAC) and immediately notify MCPS if placed on red light status. The Contractor must not be currently debarred from E-Rate participation.

6.8 Availability of Funding: The Contractor must acknowledge that payments for MCPS' internet access is highly dependent on E-Rate subsidies. MCPS will file for the E-Rate subsidies throughout the term of the contract.

https://www.bls.gov/news.release/cpi.t02.htm

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In the event that MCPS E-Rate subsidies were to cease, the Contractor will be notified as to the date of the cessation and MCPS will be liable only for payment for services until the time of termination. If E-Rate subsidies stop, MCPS will not be bound by the remainder of the contract.

7. SCOPE OF WORK:

7.1 General Requirements 7.1.1 The dedicated Internet circuit will be terminated within the MCPS data center located at:

MCPS Central Office 8700 Centreville Road, Suite 333 (Note that this is the 3rd floor of the building.) Manassas, Virginia 20110

7.1.2 MCPS’ Central Office is located within a multi-tenant, leased commercial building. The building is

believed to have available conduit(s) currently entering the basement level. The Offeror must install the required cabling up to the 3rd floor and into the MCPS data center.

7.1.3 Offerors must attend an on-site visit to see the facilities in which the Offeror’s equipment will be installed. The site visit will be conducted on Wednesday, December 20, 2017 at 1:00 P.M. This will be the only opportunity to visit the project site.

7.1.4 The Offeror must verify that its service fully interoperates with MCPS’ networking equipment, currently Cisco-branded firewalls, routers, and switches for Internet access. However, the Offeror must be capable of interoperating with any industry standard, high-end networking equipment.

7.1.4.1 The Offeror must provide, install, and configure any and all hardware and software required to interface with MCPS’ networking equipment as part of its service.

7.1.5 The Offeror must provide bandwidth 24 hours per day, 365 days per year, and guaranteeing quality of service, with a minimum uptime of 99% per month.

7.1.5.1 The Offeror must provide a response time and initiate repair of interrupted services within four (4) hours of a reported outage. Repairs by the Offeror must be expedient so as not to further interrupt the instructional and operational services of MCPS students and staff.

7.1.5.2 MCPS must be notified at least forty-eight (48) hours in advance of any pre-scheduled service-affecting outages.

7.1.5.3 All pre-scheduled outages (maintenance windows) must be outside of MCPS normal operating hours (M-F, 7:00 AM-7:00 PM), unless otherwise approved in writing by MCPS.

7.1.6 The Offeror must provide a secure, web-based reporting portal, which provides MCPS with real-time

and historical statistics related to the Offeror’s services. The portal should include such reports as: Bandwidth Utilization, Average Network Response Time, Top Internet Sites Visited, and Top Protocols.

7.2 Technical Requirements

7.2.1 The Offeror must be capable of providing service in the form of various bandwidth allocations, including but not limited to, a minimum connection of 1 Gbps with a maximum connection of 10 Gbps (with multi-Gigabit options in between available).

7.2.1.1 Contract must allow for upgrading during the course of the contract term (Reference Appendix 6 for additional bandwidth speeds). Offeror must quote all options in the worksheet to be eligible for consideration.

7.2.2 The Offeror must provide guaranteed Internet connectivity at an end-to-end equal rate of bandwidth.

Such bandwidth must be the effective data rate, not merely the line speed.

7.2.2.1 All circuit speeds must be fixed and not burstable to reach the required bandwidth.

7.2.2.2 No connections with data caps (limits on total volume of data transferred) will be considered.

7.2.2.3 The circuit must be open, unfiltered, and not have any quality of service policies applied by the Offeror so as to interfere with data passed to and from MCPS.

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7.2.2.4 Circuits providing service levels that vary widely from contracted and guaranteed connection speeds will be considered breach of contract.

7.2.3 The Offeror will provide the circuit in the form of an Ethernet hand-off to MCPS’ equipment,

preferably as a fiber-optic LC connection.

7.2.4 The Offeror will provide a contiguous range of sixteen (16) publicly-accessible IP addresses in association with the circuit for MCPS’s use.

8 PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS:

8.1 RFP Response: In order to be considered for selection, Offerors must submit a complete response to this

RFP. Failure to submit all information required may result in a lowered evaluation of the proposal.

One (1) marked “Original”

One (1) marked “Copy”

Three (3) Digital Copies – Thumb Drives

Optional: One (1) marked “Removed Proprietary” copy that includes the removal of all proprietary items. If no propriety information is removed, Offeror shall provide a written letter stating as such in the proposal response.

For printed submission: NO PRICING information shall be included in the Technical Proposal. Include pricing information under separate cover formatted as detailed in Appendix 6.

For digital submission: Include all technical proposal content (documentation, appendices, charts, graphs, etc.) in a single file. The file must be in the Adobe PDF format. NO PRICING information shall be included within this document. Include a separate file in the format of Microsoft Excel or CSV for the cost proposal sheet (Appendix 6).

Proposals submitted through any other means will not be considered.

8.2 Proposal Preparation:

Proposals shall be signed by an authorized representative of the Offeror. Failure to submit all information requested may result in the Purchasing Office requiring prompt submission of missing information and/or giving a lower evaluation of the proposal. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content.

Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.

Ownership of all data, materials and documentation originated and prepared for MCPS pursuant to the RFP shall belong exclusively to MCPS and be subject to inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protection of Section 2.2-4342 of the Virginia Public Procurement Act prior to or upon submission of the data or other materials to be protected and state the reasons why protection is necessary.

Oral Presentation: Offerors who submit a proposal in response to this RFP and are ranked among the top, may be invited for oral presentations. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The Purchasing Agent will schedule the time and location of these presentations. Oral presentations are an option of MCPS and may or may not be conducted.

8.3 Technical Proposal Requirements: Proposals should be simple and concise in preparation, however be thorough enough so that MCPS may properly evaluate the Offeror’s capabilities to provide the required

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services. Proposals shall be formatted in the sections as outlined below. Elaborate artwork, expensive paper, visual, and other presentation aids are not required.

8.3.1 SECTION 1 – COVER LETTER: The Cover Letter will provide a brief history of the Offeror and its organization. The letter will indicate the principal or officer of the Offeror organization who will be MCPS’ primary point of contact during negotiations. This individual must have the authority to negotiate all aspects of the scope of services and provisions on behalf of the Offeror. An officer authorized to bind the Offeror to the terms and conditions of this RFP must sign the cover letter transmitting the proposal.

This section will also contain the following:

Attachment 1: Vendor Data and Signature Page

Attachment 2: Certification Statement

Attachment 3: Criminal Conviction Certification Form

Attachment 4: Rider for Agreements with Virginia Public Bodies Subject to the VA Public Procurement Act

Attachment 5: References and List of Subcontractors

8.3.2 SECTION 2 – EXECUTIVE SUMMARY: This section will present in brief and concise terms, a summary level description of the contents of the proposal.

8.3.3 SECTION 3 – OFFEROR QUALIFICATIONS: This section will provide a complete overview of the

qualifications of the Offeror and must contain the following information, at a minimum:

Provide information describing the firm’s qualifications, capabilities, and corporate mission as it relates to this project.

Provide information describing the firm’s approach to effective communication with clients, meeting deadlines, quality control, management skills and technical expertise.

Provide a brief history and description of the size of the organization, locations, and personnel.

Provide information related to the firm’s expertise and ability to provide E-Rate services to K-12 educational customers such as MCPS.

Elaborate on each of the references provided and the project scope.

Provide a statement assuring MCPS of your firm’s financial stability.

Provide status of any litigation, judgments, or claims within the past 24 months. If none, simply state “No litigation”.

Provide a statement agreeing to comply with the insurance requirements, if awarded.

8.3.4 SECTION 4 – PROJECT UNDERSTANDING: This section will provide MCPS with a summary of the Offeror’s understanding of the project and the opportunities and challenges foreseen and must contain the following information, at a minimum:

Provide a proposed project plan and timeline with dates and its various phases beginning with the assumption that the project will begin in July 2018.

Provide a brief description of your proposed methodologies.

Detail all expectations that you have of MCPS (with regard to installation, service, maintenance, etc.).

Note: Be certain to address all aspects of PARAGRAPH 7 – SCOPE OF WORK in your response, to include service measurements and availability, maintenance schedules, service ability with regard to proximity of MCPS, etc.

8.3.5 SECTION 5 - ADDITIONAL INFORMATION, REFERENCES AND IMPORTANT INFORMATION:

This section will allow for the Offeror to provide any additional information deemed important for MCPS to consider as the Offeror’s qualifications are weighed in consideration for this project. Examples may be awards, recognition, best practices, commitment to sustainability and environmental practices, letters of commendation, innovative technology, additional references, etc.

MCPS may engage in individual discussions with two or more Offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services.

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Repetitive informal interviews shall be permissible. Such Offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. At the discussion stage the public body may discuss non-binding estimates of total project costs, including, but not limited to, life-cycle costing, and, where appropriate, non-binding estimates of price for services. Proprietary information from competing Offerors shall not be disclosed to the public or to competitors. At the conclusion of the informal interviews, on the basis of evaluation factors published in the Request for Proposals and all information developed in the selection process to this point, MCPS shall select, in the order of preference, two or more Offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the Offeror ranked first. If a contract satisfactory and advantageous to the MCPS can be negotiated at a price considered fair and reasonable, the award shall be made to that Offeror. Otherwise, negotiations with the Offeror ranked first shall be formally terminated and negotiations conducted with the Offeror ranked second, and so on, until such a contract can be negotiated at a fair and reasonable price. Should MCPS determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror, subject to School Board approval. 9. EVALUATION AND AWARD CRITERIA

Awards made in response to a RFP will be made to the highest qualified Offeror, whose proposal is determined, in writing, to be the most advantageous to MCPS, taking into consideration the evaluation factors set forth in the RFP. A shortlist may be determined based on the criteria listed below. Please provide all of the information requested to the best of your ability. A total of 100 points is possible.

Criteria Weight

E-Rate Eligible Costs (Bid must clearly identify E-Rate eligible costs listed in Appendix 6)

30

Qualifications of Offeror (Section 3 – Offeror Qualifications, Section 5 – Additional Information, References, and Important Information)

20

Service Requirements (Section 4 – Project Understanding) 20

E-Rate Program and K-12 Experience (Section 3 – Offeror Qualifications) 15

E-Rate Ineligible Costs (Bid must clearly identify E-Rate ineligible costs listed in Appendix 6)

10

Overall Proposal Quality 5

10. AWARD OF CONTRACT The following documents shall be incorporated by reference in the resulting contract

and become a part of said contract:

a. RFP and Attachments 1-5 b. General Conditions and Instructions to Bidders, c. Special Provisions and Specifications, d. Attachment 6 Pricing Schedule, e. Any Addenda/Amendments/Memoranda of Negotiations f. Contract and/or Purchase Order

11. INVOICING AND PAYMENT

The Contractor shall be paid on the basis of invoices submitted, to be paid net forty-five (45) days from receipt and approval by an authorized MCPS official. The School Board reserves the right to withhold any or all payments or portions thereof for contractor's failure to perform in accordance with the provisions of the contract or any modifications thereto. Payment with VISA is the preferred method of payment and decreases the length of time for normal check processing.

The Contractor shall submit a detailed invoice once each month covering work performed during the monthly billing period and submit to P.O. Box 520, Manassas, VA 20108, ATTN: Information Technology. Include Purchase Order number. Or submit electronically to the designated person of the school or department.

The Contractor will invoice all materials, specialized rental equipment and subcontractors based on the actual costs. Invoices which include material charges shall be accompanied by supplier’s invoices to substantiate costs to Contractor.

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12. AVAILABILITY OF FUND APPROPRIATIONS

MCPS obligation to pay compensation due the Contractor under the contract or any other payment obligations under any contract awarded pursuant to this RFP is subject to appropriations by the School Board to satisfy payment of such obligations. The School Division’s obligations to make payments during subsequent fiscal years are dependent upon the same action. If such an appropriation is not made for any fiscal year, the contract shall terminate effective at the end of the fiscal year for which funds were appropriated and MCPS will not be obligated to make any payments under the contract beyond the amount appropriated for payment obligations under the contract. MCPS will provide the Contractor with written notice of non-appropriation of funds within thirty (30) calendar days after action is completed by the School Board. However, failure to provide such notice will not extend the contract into a fiscal year in which sufficient funds are not appropriated.

13. ETHICS

The provisions contained in Chapter 43, Article 6, Sections 2.2-4367 through 2.2-4377 of the VPPA, as set forth in the 1950 Code of Virginia, as amended, apply to this contract.

14. USE OF CONTRACT BY OTHER PUBLIC BODIES/ COOPERATIVE PURCHASING

Bidders are advised that the resultant contract(s) may be extended, with the authorization of the Bidder, to Northern Virginia Metropolitan Washington Council of Governments jurisdictions and other jurisdictions and Political Subdivisions of the Commonwealth of Virginia, to other Virginia public bodies, or public agencies or institutions of the United States to permit their use of the contract at the same prices and/or discounts and terms and conditions of the resulting contract. If any other public body decides to use the final contract, the Contractor(s) must deal directly with that public body concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing and payment. MCPS acts only as the "Contracting Agent" for these public bodies. Failure to extend a contract to any public body will have no effect on consideration of your bid. Other public bodies desiring to use this contract must make their own legal determination as to whether the use of this contract is consistent with their laws, regulations, and other policies. MCPS is not a legally binding party as a result of this solicitation. It is the awarded vendor’s responsibility to notify the jurisdictions and political subdivision of the availability of the contract.

15. AUDIT

The Contractor shall retain all books, records, and other documents relative to this contract for three (3) years after final payment, or until audited by MCPS of Manassas, whichever is sooner. MCPS shall have full access to and the right to examine any of said materials during the retention period.

16. GOVERNING LAW

This Contract is governed by the law of the Commonwealth of Virginia, including but not limited to the Virginia Public Procurement Act (VPPA), Sections 2.2-4300, et seq. of the Code of Virginia (1950), as amended. This Contract is also governed by the applicable School Board Policies.

17. PROTEST Offeror may refer to the Code of Virginia Sections 2.2-4357 – 2.2-4364 to determine their remedies concerning the competitive process. 1 8 . OWNERSHIP OF MATERIAL

Ownership of all data, material, and documentation originated and prepared by the Contractor for MCPS pursuant to this solicitation and any resulting contract shall belong exclusively to MCPS and be subject to public inspection in accordance with the Virginia Freedom of Information Act.

19. NO SUBSTITUTIONS

The items listed as “No Substitutions Accepted” are used for compatibility and standardization purposes. The brand names designed are for specific purpose and therefore cannot be substituted with another brand. Only the brand name specified will be considered for award. Bidders offering other than the required brands shall have their bids rejected in its entirety or for those items.

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20. METHOD OF ORDERING

MCPS may use two (2) different methods of placing orders from the final contract: Purchase Orders (PO’s) and approved procurement cards.

Procurement Card orders and payments may also be made by the use of a Manassas City Public Schools “Procurement” Card. The Procurement card is currently a VISA Card. Contractors are encouraged to accept this method of receiving orders.

Performance under this contract is not to begin until receipt of the purchase order, Procurement Card order, or other notification to proceed by the Purchasing Agent to proceed.

21. PRICES AND QUANTITIES: 21.1. The quantities specified in this solicitation are estimates only, and are given for the information of bidders

and for the purpose of bid evaluation. They do not indicate the actual quantity that will be ordered since the actual volume will depend upon requirements that develop during the contract period.

21.2. All prices/discounts shall be F.O.B. Destination and shall include all charges that may be imposed in fulfilling

the terms of this contract.

21.3. Labor rates specified by the Offeror shall include all direct and indirect overhead costs including but not limited to transportation of workers, material acquisition, handling, delivery, for movement of contractor owned or rental equipment, project supervision, and general and administrative cost, etc. and must be included in the labor rates of the bid. Labor rates will be paid on the basis of time at the site.

21.4. The successful Offeror may be required to provide materials, equipment rental, and subcontractors to fulfill

the requirements of the contract. If the successful Offeror provides materials, equipment rental or subcontractors the Contractor will invoice all materials, equipment rental, and/or subcontractors based on the actual cost. No additional costs of any kind will be allowed.

21.5. The Contractor shall make every attempt to obtain the lowest prices for materials, rental equipment, and

subcontractor’s. 21.6. The Contractor agrees that for unit price contracts, prices shall remain firm for the initial contract term. If the

price is increased after that term, the price may be increased only upon approval of a written request to the Purchasing Agent. Upon receipt of the Contractor’s request, MCPS shall make a determination to approve or adjust the requested price increase based upon its investigations and the information provided by the Contractor. All increases will be in accordance with Section 5: Period of Contract and Renewal.

21.7. The request must be received at the time of contract renewal and shall become effective only upon approval

by the Purchasing Agent. The increased contract unit price shall not apply to orders received by the Contractor prior to the effective date of the approved increased contract unit price. The Purchasing Agent may cancel, without liability to either party, any portion of the contract affected by the requested increase and any materials, supplies or services undelivered at the time of such cancellation.

21.8. Contractor shall notify MCPS within 14 days of a manufacturer’s announcement to decrease prices.

22 22. DELIVERY

Delivery of all items under this award shall be made in accordance with the provisions set forth in the contract. All delivery will be FOB Destination. Any deliveries made to the Central Office Building should note there is no loading dock and a lift-gate truck may be necessary. Delivery Addresses and Points of Contact will be provided upon award of a contract.

a. Failure to Deliver: Failure to comply with the terms and conditions of this solicitation or to deliver goods and/or

services identified in the solicitation and resulting contract at the firm fixed prices quoted will be considered in default of the contract award. Should the Contractor, be found in default of the contract, any excess costs which may result from default actions, shall be borne by the Contractor. The Contractor shall, in this instance, be responsible for any and all costs incurred by MCPS to procure such products and services elsewhere.

b. Time necessary to perform each job ordered will be mutually agreed upon after carefully reviewing the

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work location, amount of work, etc.

23 CANCELLATION OF ORDERS

Purchases made under this contract are for readily available supplies. Time is of the essence in furnishing the items ordered. MCPS reserves the right to cancel the order and/or to refuse delivery if the items ordered are not furnished within the period of time specified in this contract.

24 FORM AGREEMENT In cases where MCPS may accept the Contractor’s form agreement, whereas certain standard clauses that may appear in the Contractor’s form agreement cannot be accepted by MCPS, and in consideration of the convenience of using that form, and this form, without the necessity of negotiating a separate contract document, the parties hereto specifically agree that, notwithstanding any provisions appearing in the attached Contractor’s form contract, MCPS’s contract addendum shall prevail over the terms of the Contractor’s agreement in the event of a conflict.

SPECIAL CONDITIONS

1. STATE REGISTRATION OF CONTRACTOR

Bidder(s) will be required to have a Class A Contractor’s License. A contract for construction, removal, repair or improvement of a building or other real property is for one hundred twenty thousand dollars ($120,000) or more, or if the total value of all such contracts undertaken by the Bidder within any twelve-month period is seven hundred fifty thousand dollars ($750,000) or more, the Bidder is required under Title 54.1-1100, Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors as a "CLASS A CONTRACTOR". If the Bidder shall fail to provide this information on his bid or fail to promptly provide said Contractor license number to MCPS in writing when requested to do so before or after the opening of Bids, he shall be deemed to be in violation of Section 54-1115 of the Code of Virginia (1950), as amended, and his bid will not be considered. If a Bidder shall fail to obtain the required Class A License prior to submission of his/her bid, the bid shall not be considered. The Code of Virginia does not allow an unlicensed contractor to submit a bid where the resultant contract will require a license. The bidder shall provide a copy of the license. 2. PERMITS AND LICENSES The Contractor is responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and municipal laws, codes, and regulations, in connection with the completion of the work without additional expense to MCPS. 3. CONTRACT INSURANCE PROVISIONS Under this contract, the Contractor assumes all risks of direct and indirect damage or injury to the property or persons in connection with this work, and of all damage or injury to any person or property resulting from any action, omission, commission or operation. All required insurance shall be maintained by the Contractor and its independent contractors at their sole expense, in full force and effect during the life of the contract and until such time as all work has been approved and accepted by MCPS. The Certificate of Insurance must be submitted prior to Notice to proceed. Certificate of Insurance must show at a minimum all coverage and endorsements indicated by “X”

COVERAGE REQUIRED

LIMITS (FIGURES DENOTE MINIMUMS)

X 1 Workers’ Compensation Statutory limits of Virginia (if applicable)

X 2 Employer’s Liability $1,000,000 accident, $1,000,000 each employee disease, $1,000,000 policy aggregate - disease

X 3 Commercial General Liability (CGL) $300,000/100,000 CSL BI/PD each occurrence, $1 Million annual aggregate

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X 4 Premises/Operations $500,000 CSL BI/PD each occurrence Million annual aggregate

X 5 Automobile Liability $1,000,000 per person/$1,000,000 per accident, Uninsured Motorist

6 Owned/Hired/Non-Owned Vehicles $1 Million BI/PD each accident, Uninsured Motorist

7 Independent Contractors $500,000 CSL BI/PD each occurrence, $1 Million annual aggregate

X 8 Products Liability $500,000 CSL each occurrence, $1 Million annual aggregate

9 Completed Operations $500,000 CSL BI/PD each occurrence, $1 Million annual aggregate

10 Contractual Liability (Must be shown on Certificate)

$500,000 CSL BI/PD each occurrence

11 Personal and Advertising Injury Liability $1 Million each offense, $1 Million annual aggregate

12 Umbrella Liability $1 Million Bodily Injury, Property Damage and Personal Injury

13 Per Project Aggregate $1 Million per occurrence/claim

14 Professional Liability $1,000,000 per claim and $2,000,000 annual aggregate on a claims-made basis.

X 15 Miscellaneous E&O $1 Million per occurrence/claim

16 Garage Liability $1 Million Bodily Injury, Property Damage per occurrence

17 Garage Keepers Liability $500,000 Comprehensive, $500,000 Collision

18 Moving and Rigging Floater Endorsement to CGL

19 Dishonesty Bond $

20 Builder’s Risk Provide Coverage in the full amount of Contract

The Contractor will secure and maintain all insurance certificates of its subcontractors, which shall be made available to MCPS on demand. No change, cancellation, or non-renewal shall be made in any insurance coverage without a 45 day written notice to MCPS. The Contractor shall furnish a new certificate prior to any change or cancellation date. The failure of the Contractor to deliver a new and valid certificate will result in suspension of all payments until the new certificate is furnished. Compliance by the Contractor and subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all subcontractors of their liabilities provisions of the contract. Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and MCPS. The Contractor shall be as fully responsible to MCPS for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of person directly employed by it. MCPS, its officers and employees shall be named as an "additional insured" in the Automobile and General Liability policies and it shall be stated on the Insurance Certificate that this coverage "is primary to all other coverage MCPS may possess." 4. CONSTRUCTION SAFETY VIOLATIONS

It shall be required that each bid submitted to MCPS for a contract for construction, alteration, and/or repairs, including painting or decorating of a building, highway, street, bridge, sidewalk, culvert, sewer, excavation, grading, or any other construction, include a list of all the following actions which have become final in the three years prior to the bid submission:

a. Willful violations, violations for failure to abate, or repeated violations, for which the bidder was cited by (a) the United States Occupational Safety and Health Administration; (b) the Virginia Occupational Safety and Health Administration; or (c) the occupational safety and health plan for any other public jurisdiction; or

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b. Three (3) or more serious construction safety violations for which the bidder was cited by the (a) United States Occupational Safety and Health Administration; or (b) the Virginia Occupational Safety and Health Administration; or (c) the occupational safety and health plan from any other public jurisdiction.

c. Termination of a contract between the contractor and any public entity by their purchasing agent or his

designee for safety violations. If the bidder has not received or been the subject of any such violations in the three (3) years prior to the bid submission, then the bidder shall so indicate by certification on the bid form entitled Certification of Safety Violations. The bidder will also indicate on this form each state in which work was performed in the three (3) years prior to the bid submission. No bidder or contractor may bid on a County construction contract who has been the subject of any citations for the type and number of violations listed in aforementioned paragraph 11, which have become final within the three (3) years prior to the bid submission. Prior to bidding on a project, under the provisions of paragraph 12.2 above, a contractor may request that a determination be made by MCPS's Purchasing Agent or designee, regarding their eligibility to submit a bid on a contract under the terms of this resolution. However, this request for determination and any subsequent adjudication process must be completed prior to submitting a bid on any project and the request for determination must be received by MCPS's Purchasing Agent or designee no later than twenty-one (21) days before bids are due unless otherwise stated in the Solicitation. A notice of the bidder’s request for determination of eligibility will be posted publicly for comments by any interested party. The bidder’s request for determination of eligibility and all supporting documentation provided by the bidder to MCPS in support of its request shall be open to the inspection of any interested person, firm or corporation in accordance to the requirements of Manassas County Purchasing Resolution and Virginia Freedom of Information Act.

Contractors may be subject to a special audit of their safety records as required. The criteria used in evaluating contractor’s eligibility shall include but not be limited to the following:

Corrective action taken by a bidder or contractor to prevent the recurrence of safety violations.

Days Away From Work Incident Rate for the past three (3) years.

Summary of Work-Related Injuries and Illnesses/Incident Rate for the past three (3) years.

Worker’s Compensation Experience Modification Rating for the past three (3) years.

Fatality record for the past five (5) years.

Detailed information regarding the firm’s safety program including but not limited to a Safety and Health plan and qualifications of the safety personnel.

Verification that management staff directly in charge of projects that experienced safety violations listed in aforementioned paragraph A will not be involved in MCPS project.

Incorporation of safety and health related issues into their new employee orientation programs.

Incorporation of work safety as a part of an employee's performance evaluation.

Support of safety related matters by senior/corporate management. Does the firm have a safety policy statement signed by a member of senior/corporate management?

Designation of a full time Safety Manager. Does this person report to a high level, authoritative position within the Company?

Frequency and type of safety inspections conducted at work sites.

The number and type of safety training programs conducted for employees.

Frequency of safety "tailgate meetings" conducted by the firm.

Designation of an active safety committee, frequency of their meetings and list of members of the committee.

Active membership in a recognized construction safety organization in the Washington Metropolitan area, or in the state of contractor's domicile.

The determination of eligibility rendered by the Purchasing Agent or his designee shall be final. MCPS may impose the following sanctions upon a contractor who willfully submits any false or misleading certification or information regarding material facts in connection with submissions pursuant to this Resolution, or willfully omits any certification or information regarding material facts in connection with submissions pursuant to this Resolution. The term willful shall include intentional or reckless acts or omissions.(1)Disqualify the prospective bidder from bidding a contract.(2) Debar the contractor from bidding future contracts for a period not to exceed three years.(3)Terminate the contract awarded to the bidder after providing notice and opportunity to be heard.

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5. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants:

a. The firm is financially solvent and that manager is experienced in and competent to perform the type of work, or to furnish the plans, materials, supplies or equipment to be so performed or furnished; and

b. that contractor is familiar with all Federal, State, municipal and department laws, ordinances and regulations, which may in any way affect the work of those employed, including but not limited to any special acts relating to the work or to the project of which it is a part; and

c. that such temporary and permanent work required by the Contract Documents as is to be done by the

contractor can be satisfactorily constructed and used for the purpose of which it is intended and that such construction will not injure any person, or damage any property; and

d. that contractor has carefully examined the plans, the specifications and the site of the work and that from the

contractor’s own investigations, he/she has satisfied themselves as to the nature and location of the work, the character, quality, quantity of surface and subsurface materials likely to be encountered, and character of equipment and other facilities needed for the performance of the work, the general and local conditions and all other materials which may in any way affect the work or its performance.

e. The Contractor shall be responsible for completely supervising and directing the work under this contract and

all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime Contractor. The Contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees.

6. USE OF PREMISES The contractor shall confine the apparatus, storage of materials, and activities of personnel on or about the premises and adjacent areas, in accordance with the law, ordinances, permits and the directions of the Owner's representative. The contractor shall not encumber the premises with such materials or apparatus or adjacent areas. The work site shall be kept in such orderly fashion as will not interfere with the progress of the work or the work of any other contractor.

The contractor is responsible for repairing or replacing any work damaged by his/her operations within ten (10) days after notification by the Owner's representative.

It is the responsibility of the contractor to report in writing, to the Project Engineer any damages found prior to any work at the site. 7. PROTECTION OF WORK AND PROPERTY The contractor shall protect the Owner's property from injury or losses in connection with this contract at all times. The contractor’s own work and that of adjacent property (as provided by law and the contract documents) from damage shall be guarded. The contractor shall replace or make good any such damage, loss or injury unless caused directly by errors contained in the contract documents or by the Owner or by his/her duly authorized representatives. All passageways, guard fences, lights and other facilities required for protection by local authorities or local conditions must be provided and maintained. 8. STANDARD PRODUCTS All materials, supplies, and articles furnished shall be the standard products of recognized, reputable manufacturers, as specified and otherwise practicable. The standard products of manufacturers other than those specified, will be accepted when it is proved to be the satisfaction of the Engineer, that they are equal in strength, durability, usefulness and convenience for the purpose intended. Any changes required in the detail and dimensions indicated on the drawings, for the substitution of standard products other than those provided for, shall be made as approved by the Engineer and at the expense of the contractor. 9. WORKMANSHIP Only first-class work shall be performed and all materials furnished in carrying out this contract and shall be of character

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and quality required by the specifications. Such work or materials shall be the best of their respective kinds, where no standard is specified. Any unsatisfactory work done or materials furnished shall be immediately removed and satisfactorily replaced by the contractor when notified to do so by the Engineer at whatever time the inferior work or materials may be discovered.

If the contractor neglects or refuses to remove such unsatisfactory work or materials within forty-eight hours after the receipt of notice, or if satisfactory progress is not made in doing so, the Engineer may effect removal of the inferior work or materials and the expense shall be charged to the contractor. Such expense shall be deducted from any monies due or to become due the contractor under the contract. Upon completion of the contract the entire work shall be delivered to the Owner perfect and complete in satisfactory working condition. The contractor expressly undertakes at his own expense:

a. to effect all cutting, fitting or patching of his work required to make same conform to the plans and specifications

and except with consent of the Engineer not to cut or otherwise alter the work of any other contractor, and b. to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of

the work. 10. CHANGES AND ALTERATIONS The Owner reserves the right to make alterations in the installation of items of work shown on the plans, as may be necessitated by conditions found during construction that in the judgment of the Engineer appear advisable. The Contractor shall not claim forfeiture of contract by reasons of such changes. 11. NECESSARY DETAILS NOT SPECIFICALLY MENTIONED Any and all work that may be called for in the specifications and not shown on the plans, or shown on the plans and not called for in the specifications, shall be furnished and executed by the Contractor as if designated. The Contractor shall furnish all required work or material which is not denoted in the plans and specifications either directly or indirectly, but which is necessary for project. 12. WEATHER CONDITIONS In the event of temporary suspension of work or during inclement weather, or whenever the Engineer shall direct, the Contractor will require any subcontractors to protect carefully all materials and work against damage or injury from the weather. If, in the opinion of the Engineer, any work or materials have been damaged or injured by reason of failure on the part of the Contractor or any subcontractors to protect his/her work and materials shall be removed and replaced at the expense of the Contractor. 13. CLEANING UP The contractor shall keep the premises and adjacent areas free from accumulations of waste material or rubbish at all times. At the completion of the work, all rubbish, tools, used for work and surplus materials shall be removed from and about the premises and adjacent areas, and the area shall be "broom cleaned" and ready for use. In case of a dispute, Manassas City Public Schools may remove rubbish or otherwise clean up, and may charge the Contractor either by deduction from amounts unpaid to the Contractor, or by other means with such cost as the Project Engineer shall determine to be fair and equitable. 14. EXAMINATION OF DEFECTIVE WORK If required by the Engineer under execution of this contract, the contractor shall at any time pull down or undo any part of the work and make such openings as may be required and enable the Engineer to make proper inspection and the contractor shall make good again the work so pulled down, undone or opened to the Engineer's satisfaction. If the work is found faulty, in any respect the whole of the expenses incurred shall be incurred by the Contractor, but if the work be found not faulty by the Engineer, the expenses thereby incurred shall be incurred by the Owner. 15. REJECTION OF INFERIOR MATERIAL An inspection and approval of the materials by the Engineer shall not in any way subject the Owner to pay for any portion of the materials, even if said materials, incorporated in the work, turn out to be unfit. Such inspection shall not

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be considered as any waiver of objection to the work on account of the unsoundness of the material used. 16. SUBCONTRACTING If one or more subcontractors are required, the Contractor is encouraged to utilize small, minority-owned, and women-owned business enterprises. For assistance in finding subcontractors, contact the Virginia Department of Business Assistance http://www.dba.state.va.us; the Virginia Department of Minority Business Enterprise http://www.dmbe.state.va.us/; local chambers of commerce and other business organizations. No portion of the work shall be subcontracted without prior written consent of the Purchasing Office. In the event that the Contractor desires to subcontract some part of the work specified herein, the Contractor shall furnish the Purchasing Office the names, qualifications and experience of their proposed subcontractors. The Contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

18. GUARANTEE OF WORK Except as otherwise specified, all work shall be guaranteed by the Contractor against defects to materials, equipment, workmanship for the length of the contract period. If, within the guarantee period, defects are noticed by MCPS which require repairs or changes in connection with the guaranteed work, those repairs or changes being in the opinion of MCPS rendered necessary as the result of the use of materials, equipment or workmanship, which are defective, or inferior or not in accordance with the terms on the contract, then the Contractor shall promptly upon receipt of notice from MCPS, such notice being given not more than two weeks after the guarantee period expires, and without expense to MCPS: Place in satisfactory condition in every particular all such guaranteed work and correct all defects therein; Make good all damage to the structure, site, equipment, or contents thereof, which is the result of the use of materials, equipment, or workmanship which are inferior, defective, or not in accordance with the terms of the contract; and make good any work, materials, equipment, contents of structures, and/or disturbance of the site in fulfilling any such guarantee. In any case, where in fulfilling the requirements of the contract or any guarantee embraced in or required thereby, the Contractor disturbs any work guaranteed under the contract, he shall restore such work to a condition satisfactory to MCPS and guarantee such restored work to the same extent as it was guaranteed under such other contract. If the Contractor, after notice, fails to proceed promptly to comply with the terms of the guarantee, MCPS may have the defects corrected and the Contractor shall be liable for all expense incurred.

http://www.dba.state.va.us/

http://www.dmbe.state.va.us/

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GENERAL TERMS AND CONDITIONS (Revised 05/13/17) For purposes of this section, “bids” shall mean “bids/proposals”. These general terms, conditions and instructions apply to all purchases and are a part of each solicitation and every contract awarded by MCPS, unless otherwise specified in such solicitation or contract. The Central Purchasing Office is responsible for the purchasing activity of Manassas City Public Schools and its governing body, the Manassas City Public School Board. The term “MCPS” as used herein refers to the contracting entity which is the signatory on the contract and may be either MCPS, or the MCPS School Board, or both. Bidder/Offeror or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting bids: failure to do so will be at the bidder’s/offeror’s own risk. These general terms, conditions and instructions are subject to all applicable Federal, State and local statutes, policies, resolutions, and regulations (collectively “laws”), and are to be interpreted so as to be consistent with such laws. In the case of irreducible conflict, these general terms and conditions are preempted by applicable laws. AUTHORITY 1. The Purchasing Agent has been delegated authority for issuance of invitations to bid, request for proposals, modifications, purchase orders and awards approved by and for MCPS. The Purchasing Agent is authorized to enter into negotiations, change orders, contracts, or in any way obligate MCPS for indebtedness. Any purchase order or contract made which is contrary to these provisions and authorities shall be of no effect and void, and MCPS shall not be bound thereby. CONDITIONS OF BIDDING/OFFERING 2. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, MCPS will publicly post such notice on the Website, www.mcpsva.org for a minimum of 10 calendar days except in emergencies. 3. CLARIFICATION OF TERMS: If any prospective Bidder/Offeror has questions about the specifications or other solicitation documents, the prospective Bidder/Offeror shall contact the Purchasing Agent no later than five (5) working days before the due date. Any revisions to the solicitation will be made only by a written addendum issued by the Purchasing Office. 4. DEBARMENT STATUS: By submitting a bid, the Bidder/ Offeror certifies that they are not currently debarred by the Commonwealth of VA or MCPS from submitting bids on contracts for the type of goods and/or services covered by this solicitation, nor is the Bidder/Offeror an agent of any person or entity that is currently so debarred. 5. ERRORS IN BIDS: When an error is made in extending total prices, the unit bid price times the number of units will govern. Erasures and changes in bids must be initialed by the bidder. Carelessness in quoting prices, omitting portions of the work from the calculations, or in preparation of the bid otherwise will not relieve the bidder. Bidders are cautioned to recheck their bids for possible error. Errors discovered after public opening cannot otherwise be corrected except as provided in paragraph 15 below, and the bidder will be required to perform if his or her bid is accepted. 6. ETHICS IN PUBLIC CONTRACTING: By submitting their bid, Bidders/Offerors certify that their bid is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder/Offeror, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged. 7. INCLEMENT WEATHER: Due to inclement weather conditions, MCPS may elect to close schools and administration offices. The following is an explanation of the policy: CODE GRAY, schools are closed and Administration offices are on a 2 hour delay; CODE BLUE, Schools are closed and Administration offices are closed.

7.1 In the event of a delay school opening, all times shall remain as stated in the Invitation for Bid/Request for Proposal.

7.2 In the event that MCPS closes on a CODE GRAY, any optional/mandatory pre-bid conference and all bid openings will be held as scheduled.

7.3 In the event that MCPS closes on a CODE BLUE, any optional/mandatory pre-bid proposal conference and all bid openings will be held on the next business day the MCPS experiences a normal opening, a delayed opening, or a school closing on a CODE GRAY, at the time previously scheduled. No exceptions will be made in this matter. 8. LATE BIDS: To be considered for selection, bids must be received by the Central Purchasing Office by the designated date and hour. The official time used in the receipt of bids is that time in the Central Purchasing Office. Bids received in the Central Purchasing Office after the date and hour designated are non-responsive, automatically disqualified and will not be considered. MCPS is not responsible for delays in the delivery of mail by the U.S. Postal Service, private couriers, or the intra-school mail system or delivery by any other means. It is the sole responsibility of the Bidder/Offeror to ensure that his/her bid reaches the Central Purchasing Office by the designated date and hour. 9. MANDATORY USE OF MCPS FORM AND TERMS AND CONDITIONS: Failure to submit a bid on the official MCPS form provided for that purpose may be cause for rejection of the bid. Modification of or additions to the General and/or Special Terms and Conditions of this solicitation may be cause for rejection of the bid; however, the Purchasing Agent reserves the right to decide, on a case by case basis, in his/her sole discretion, whether to reject such a bid as non-responsive. As a precondition to its acceptance, MCPS may, in its sole discretion, request that the Bidder/Offeror withdraw or modify non-responsive portions of a bid, which do not affect quality, quantity, price or delivery schedule.

10. OFFICIAL NOT TO BENEFIT:

10.1 Each Bidder/Offeror certifies by signing a bid that to the best of his/her knowledge no MCPS official or employee having official responsibility for the procurement transaction or member of his/her immediate family has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be disclosed with the bid or as soon thereafter, as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment, recession of the contract, or recovery of the cost of the financial benefit from the contractor, recipient, or both. 10.2 Whenever there is reason to believe that benefit of the sort described in the paragraph above has been or will be received in connection with the bid or contract and that the Contractor has failed to disclose such benefit or has inadequately disclosed it, MCPS, as a prerequisite to payment pursuant to the Contractor, or at any time may require the contractor to furnish, under oath, answers to any interrogatories related to such possible benefit.

10.3 In the event the Bidder/Offeror has knowledge of benefits as outline above, this information should be submitted with the bid. If the above does not apply at time of award of contract and becomes


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known after inception of a contract the Bidder/Offeror shall address the disclosure of such facts to: Purchasing Agent. The Invitation For Bid/Request for Proposal number shall be referenced in the disclosure. 11. PRECEDENCE OF TERMS: MCPS intends for the Contract Documents to be consistent and they shall be interpreted to be consistent if possible. If the Contract Documents conflict, however, the controlling provision will be the one which appears highest in the following list:

The Notice of Award/ Purchase Order/Contract (highest precedence),

Addenda,

Specifications and drawings,

The signed bid submitted by the Contractor,

Invitation for Bid/Request for Proposal,

Any Special Terms and Conditions,

These General Terms and Conditions (lowest precedence). 12. QUALIFICATIONS OF BIDDERS/OFFERORS: MCPS may make such reasonable investigations as deemed proper and necessary to determine the ability of the Bidder/Offeror to perform the work/furnish the item(s) and the Bidder/Offeror shall furnish to MCPS all such information and data for this purpose as may be requested. MCPS reserves the right to inspect Bidder's/Offeror’s physical facilities prior to award to satisfy questions regarding the Bidder's/Offeror’s capabilities. MCPS further reserves the right to reject any bid or proposal if the evidence submitted by, or investigations of, such Bidder/Offeror fails to satisfy MCPS that such Bidder/Offeror is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated herein. 13. TIE BID: If all bids are for the same total amount or unit price (including authorized discounts and delivery times), the MCPS Purchasing Agent shall award the contract to the tie bidder providing goods produced in Virginia or goods, services or construction provided by Virginia persons, firms or corporations. If there are more than one such tie bid, then the Purchasing Agent may, in his or her sole discretion, re-advertise the solicitation, divide the contract among the bidders (if the solicitation provided for multiple awards), or award a contract by lot from among the responsive and responsible Virginia bidders. If there are no responsive and responsible Virginia bidders, then the Purchasing Agent may, in his or her sole discretion, re-advertise the solicitation, divide the contract among the bidders (if the solicitation provided for multiple awards), or award a contract by lot from among the responsive and responsible bidders. The decision of MCPS to make award to one or more such bidders shall be final. 14. VENDOR REGISTRATION: All vendors desiring to provide goods and/or services to MCPS are encouraged to register with the state bid system EVA: www.eva.virginia.gov 15. WITHDRAWAL OF BIDS OR PROPOSALS: A bid may be amended and/or withdrawn by a bidder or offeror if the request is received in writing before the due date and hour. The request must be signed by a person authorized to represent the vendor or firm that submitted the bid. Submission of a subsequent bid, unless specifically identified as an additional bid, shall constitute the withdrawal of any prior one submitted by the same bidder or offeror on the same IFB/RFP. Withdrawal of bids after opening is governed by Code of Virginia § 2.2-4330. The bidder/offeror shall give notice in writing of his/her claim of right to withdraw his/her bid within two business days after the conclusion of the bid opening or receipt of proposals procedure, and shall submit original work papers with such notice. SPECIFICATIONS 16. QUESTIONS CONCERNING SPECIFICATIONS: Any information relative to interpretation of specifications and drawings shall be requested of MCPS in writing, in ample time before the opening of bids. No inquiries if received by MCPS on or after the fifth (5th) day before the date set for the opening of bids will be given any consideration. Any material interpretation, of a specification, as determined by MCPS, will be expressed in the form of addendum to the specification which will be sent to all pros-pective bidders no later than 4:30 p.m. local time on the third (3rd) day before the date set for receipt of bids. Oral answers will not be authoritative.

17. TESTING AND INSPECTION: MCPS reserves the right to conduct any test or inspection it may deem advisable to ensure products/services conform to the specification. 18. USE OF BRAND NAMES: Unless otherwise provided in the solicitation, the name of a certain brand, make or manufacturer does not restrict Bidders/Offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which MCPS in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, color and suitability for the purpose intended, shall be accepted. The Bidder/Offeror is responsible to clearly and specifically indicate the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable MCPS to determine if the product offered meets the requirements of the solicitation. ONLY THE INFORMATION FURNISHED WITH THE BID WILL BE CONSIDERED IN THE EVALUATION. FAILURE TO FURNISH ADEQUATE DATA FOR EVALUATION PURPOSES MAY RESULT IN DECLARING A BID NON-RESPONSIVE. Unless the Bidder/Offeror clearly indicates in its bid that the product offered is an "equal" product, such bid will be considered to offer the brand name product referenced in the solicitation. CONTRACT PROVISIONS 19. ANTI-DISCRIMINATION: By submitting their bid, the Bidder/Offeror certifies to MCPS that he/she will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans with Disabilities Act and Section 2.2-4311 of the Virginia Public Procurement Act (VPPA). In every contract over $10,000 the provisions in 19.1 and 19.2 below apply. During the performance of this contract, the Contractor agrees as follows: 19.1 The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 19.2 The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer. 19.3 Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this Section. 19.4 The Contractor will include the provisions of 19.1, 19.2 and 19.3 above in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 20. ANTI-TRUST: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to MCPS all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by MCPS under said contract.

21. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, including but not limited to the Virginia Public Procurement Act, and any litigation with respect thereto shall be brought in the courts of Prince William County, Virginia, except to the extent that Federal Court is appropriate. The Contractor shall comply with applicable federal, state and local laws and regulations, and be legally authorized to do business in the Commonwealth of Virginia. 22. ASSIGNMENT OF CONTRACT: Neither party shall assign in whole or in part without the written consent of each party.

http://www.eva.virginia.gov/

RFP 18-12 21

23. CHANGES TO THE CONTRACT: MCPS may order changes within the general scope of the contract at any time by written notice to the Contractor. Changes within the scope of the contract include, but are not limited to things such as services to be performed, the method of packing or shipment and the place of delivery or installation. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give MCPS a credit for any resulting savings. Additionally, an increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract. 24. CONTRACT DOCUMENTS/PURCHASE ORDERS: The Contract entered into by the parties shall consist of the Invitation For Bid/Request for Proposal, the signed bid submitted by the Contractor, the Notice of Award or Purchase Order/Contract, these General Terms and Conditions and any Special Terms and Conditions, and the listed specifications and drawings, if any, including all modifications thereof, all of which shall be referred to collectively as the Contract Documents. All time limits stated in the Contract Documents are of the essence of the Contract unless stated otherwise. Orders against contracts will be placed with the Contractor on a Purchase Order or Procurement Card. 25. COOPERATIVE PURCHASING: MCPS may participate in, sponsor, conduct or administer a cooperative procurement agreement on behalf of or in conjunction with one or more other public bodies, or public agencies or institutions or localities of the several states, of the United States or its territories, or the District of Columbia, for the purpose of combining requirements to increase efficiency or reduce administrative expenses in any acquisition of goods and services. Except for contracts for professional services, a public body may purchase from another public body’s contract even if it did not participate in the request for proposal (RFP) or Invitation for Bid (IFB), if the RFP or IFB specified that the procurement was being conducted on behalf of other public bodies. Nothing herein shall prohibit the assessment or payment by direct or indirect means of any administrative fee that will allow for participation in any such arrangement. 26. GUARANTEES & WARRANTIES: All guarantees and warranties required shall be furnished by the Contractor and shall be delivered to MCPS before final payment on the contract is made. Unless otherwise stated, manufacturer’s standard warranty applies. 27. INDEMNIFICATION: Contractor shall indemnify, keep and save harmless MCPS, its agents, officials, employees and volunteers against claims of injuries, death, damage to property, patent claims, suits, liabilities, judgments, cost and expenses which may otherwise accrue against MCPS in consequence of the granting of a contract or which may otherwise result therefrom, if the act was caused through negligence, error, omission, or reckless or intentional misconduct (or, in the case of intellectual property rights, by any act done without proper permission) of the Contractor or his or her employees, or that of the subcontractor or his or her employees, if any; and the Contractor shall, at his or her own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgment shall be rendered against MCPS in any such action, the Contractor shall, at his or her own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend MCPS as herein provided. 28. MODIFICATION OF CONTRACT: MCPS may, upon mutual agreement with the Contractor, issue written modifications to the scope of work/specifications of this contract, and within the general scope thereof, except that no modifications can be made which will result in an increase of the original contract price by a cumulative amount of more than $50,000 or 25%, whichever is greater, without the advance written approval of the School Board. In making any modification, the resulting increase or decrease in cost for the modification shall be determined by one of the following methods. The written modification shall stipulate the mutually-agreed price for the specific addition to or deletion from the scope of work/specifications which shall be added to or deducted from the contract amount. The written modification shall stipulate the number of unit

quantities added to or deleted from the contract and multiplied by the unit price which shall be added to or deducted from the contract amount. The written modification shall direct the Contractor to proceed with the work and to keep, and present in such form as MCPS may direct, a correct account of the cost of the change together with all vouchers therefore. The cost shall include an allowance for overhead and profit to be mutually agreed upon by MCPS and the Contractor.

29. PRICE REDUCTION: If at any time after the date of the bid the Contractor makes a general price reduction in the comparable price of any material covered by the contract to customers generally, an equivalent price reduction based on similar quantities and/or considerations shall apply to this contract for the duration of the contract period (or until the price is further reduced). Such price reduction shall be effective at the same time and in the same manner as the reduction in the price to customers generally. For purpose of this provision, a “general price reduction” shall mean any horizontal reduction in the price of an article or service offered (1) to Contractor’s customers generally, or (2) in the Contractor’s price schedule for the class of customers, i.e., wholesalers, jobbers, retailers, etc., which was used as the basis for bidding on this solicitation. An occasional sale at a lower price, or sale of distressed merchandise at a lower price, would not be considered a “general price reduction” under this provision. The Contractor shall submit his or her invoice at such reduced prices indicating on the invoice that the reduction is pursuant to the “Price Reduction” provision of the contract documents. The Contractor in addition will within ten days of any general price reduction notify MCPS of such reduction by letter. FAILURE TO DO SO MAY RESULT IN TERMINATION OF THE CONTRACT FOR CAUSE. Upon receipt of any such notice of a general price reduction, all ordering offices will be duly notified by MCPS. 30. SMALL AND MINORITY BUSINESS ENTERPRISES: In connection with the performance of this contract, the Contractor agrees to use their best effort to carry out this intent and ensure that Small and Minority Businesses shall have the maximum practicable opportunity to compete for subcontract work under this contract consistent with the efficient performance of this contract. Contractors may rely on oral or written representation by subcontractors regarding their status as small and/or minority business enterprises. 31. TERMINATION FOR CAUSE/DEFAULT: In case of failure to deliver goods or provide services in accordance with the contract terms and conditions, MCPS, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which MCPS may have. Specifically: 31.1 If, through any cause, the Contractor fails to fulfill in a timely and proper manner their obligations under the contract, or if the Contractor violates any of the covenants, agreements, or stipulations of the contract, MCPS shall thereupon have the right to terminate, specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, and reports prepared by the Contractor under the contract shall at the option of MCPS, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. 32. TERMINATION FOR CONVENIENCE: MCPS reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, whenever the Purchasing Agent determines that such a termination is in the best interest of MCPS. Any such termination shall be effected by delivery to the Contractor, at least ten (10) working days prior to the termination date, a Notice of Termination specifying the extent to which performance shall be terminated and date upon which such termination becomes effective. After receipt of a notice of termination, the Contractor must stop all work or deliveries under the purchase order/contract on the date and to the extent specified; however, any contract

RFP 18-12 22

termination notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of termination. An equitable adjustment in the contract price shall be made for completed service, but no amount shall be allowed for anticipated profit on unperformed services. 33. USE OF CONTRACT BY OTHER POLITICAL JURISDICTIONS: Bidders/Offerors are advised that all resultant contracts will be extended, with the authorization of the Bidder/Offeror, to Northern Virginia Metropolitan Washington Council of Governments jurisdictions and other jurisdictions and Political Subdivisions of the Commonwealth of Virginia to permit their ordering of supplies and/or services at the prices and terms of the resulting contract. If any other jurisdiction decides to use the final contract, the Contractor must deal directly with that jurisdiction or political subdivision concerning the placement or orders, issuance of the purchase order, contractual disputes, invoicing and payment. MCPS acts only as the “Contracting Agent” for these jurisdictions and political subdivisions. Failure to extend a contract to any jurisdiction will have no effect on consideration of your bid. It is the awarded vendor’s responsibility to notify the jurisdictions and political subdivision of the availability of the contract. Each participating jurisdiction and political subdivision has the option of executing a separate contract with the awardee. Contracts entered into with them may contain general terms and conditions unique to those jurisdictions and political subdivisions covering minority participation, non-discrimination. If, when preparing such a contract, the general terms and conditions of a jurisdiction are unacceptable to the awardee, the awardee may withdraw its extension of the award to that jurisdiction. MCPS shall not be held liable for any costs or damage incurred by another jurisdiction as a result of any award extended to that jurisdiction or political subdivision by the awardee. 34. VIRGINIA FREEDOM OF INFORMATION ACT: Except as provided herein, all proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act. Any inspection of procurement transaction records under this provision shall be subject to reasonable restrictions to ensure the security and integrity of the records. 34.1 Cost estimates relating to a proposed transaction prepared by or for a public body shall not be open to public inspection. 34.2 Any Bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening/receipt of all bids, but prior to award, except in the event that MCPS decides not to accept any of the bids and to re-solicit. Otherwise, bid records shall be open to public inspection only after award of the contract. 34.3 Bid records shall be open to the public only after award. 34.4 Any offeror who responds to an RFP shall be afforded the opportunity to inspect proposal records upon request within a reasonable time after the evaluation and negotiation of proposals are complete but prior to award, except in the event MCPS decides not to accept any of the proposals and to re-solicit. 34.5 Trade secrets or proprietary information submitted by any bidder, offeror, or Contractor in connection with a procurement transaction or prequalification application shall not be subject to public disclosure under the Virginia Freedom of Information Act if the bidder, offeror, or Contractor invokes the protection of Virginia Code section 2.2-4342 F. in writing prior to or upon submission of the data or other materials, identifies the data or other materials to be protected, and states the reasons why protection is necessary. 34.6 Nothing contained in this section shall be construed to require MCPS to furnish a statement of the reason(s) why a particular bid/offer was not deemed to be the most advantageous. DELIVERY/PAYMENT PROVISIONS 35. DELIVERY CHARGES: Unless bought F.O.B., “Shipping Point” and Contractor prepays transportation, no delivery charges shall be added to invoices except when express delivery is authorized by MCPS.

36. INVOICES: Invoices for goods and/or services ordered, delivered and accepted shall be submitted by the Contractor(s) directly to the payment address shown on the purchase order/contract. All invoices shall reference said purchase order/contract number and shall be in the same legal name of the Contractor as indicated on the Contract. 37. LABELING OF HAZARDOUS SUBSTANCES: If the items or products requested by this solicitation are “Hazardous Substances” as defined by Section 1261 of Title 15 of the United States Code (U.S.C.), then the Bidder/Offeror, by submitting his/her bid, certifies and warrants that the items or products to be delivered under this contract shall be properly labeled as required by the foregoing sections and that by delivering the items or products the Bidder/Offeror does not violate any of the prohibitions of Title 15 of the U.S.C. or Section 1263. 38. MATERIAL SAFETY DATA SHEETS: Material and Safety Data Sheets shall be provided in English, and if available, Spanish within two (2) business days upon request for each chemical and/or compound offered. Failure on the part of the Contractor to submit data sheets may be cause for declaring the Contractor in default. 39. PAYMENT AND LATE TERMS: Any payment terms requiring payment in less than 45 days will be regarded as requiring payment 45 days after invoice or delivery, whichever occurs last. However, this shall not affect offers of discounts for payment in less than 45 days. Late payment interest may accrue at the rate of 1% per month. 40. POINT OF DESTINATION: All materials shipped to the “Ship to” address must be shipped FOB DESTINATION unless otherwise stated in the contract or purchase order. 41. TAX EXEMPTION: MCPS is exempt from the payment of federal excise or Virginia Sales and Use Tax. The bid price must be net, exclusive of taxes. When under established trade practice, any federal excise tax is included in the list price, the Bidder/Offeror may quote the list price and shall show separately the amount of federal excise tax, either as a flat sum or as a percentage of the list price, which shall be deducted by MCPS. MCPS Federal Excise Tax Exemption number is 54-1207347. A copy of MCPS Sales and Use Tax Certificate Exemption is posted on the MCPS Web site: www.mcpsva.org 42. TRANSPORTATION AND PACKAGING: By submitting their bids, all bidders/offerors certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity. BIDDER/CONTRACTOR REMEDIES 43. ACCEPTANCE OF BIDS/OFFERS BINDING 90 DAYS: Unless otherwise specified in the IFB or RFP, all formal bids/offers submitted shall be binding for ninety (90) calendar days following bid opening date, unless extended by mutual consent of all parties. 44. AWARD OR REJECTION OF BIDS/OFFERS: The Purchasing Agent shall award the contract to the lowest responsive and responsible bidder complying with all provisions of the IFB, provided the bid price is reasonable and it is in the best interest of MCPS to accept it. Awards made in response to an RFP will be made to the highest qualified offeror whose proposal is determined in writing to be the most advantageous to MCPS taking into consideration the evaluation factors set forth in the RFP. The Purchasing Agent reserves the right to award a contract by individual items, in the aggregate, or in combination thereof, or to reject any or all bids and to waive any informality in bids received whenever such rejection or waiver is in the best interest of MCPS. Award may be


RFP 18-12 23

made to as many bidders/ offerors as deemed necessary to fulfill the anticipated requirements of MCPS. The Purchasing Agent also reserves the right to reject the bid of a bidder deemed to be a non-responsible bidder. In determining the responsibility of a bidder, the following criteria will be considered: a. The ability, capacity and skill of the bidder to perform the contract or provide the service required; b. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; c. The character, integrity, reputation, judgment, experience and efficiency of the bidder; d. The quality of performance of previous contracts or services; e. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services; f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; g. The quality, availability and adaptability of the goods or services to the particular use required; h. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; i. The number and scope of the conditions attached to the bid; j. Whether the bidder is in arrears to MCPS on debt or contract or is a defaulter on surety to MCPS or whether the bidder's taxes or assessments are delinquent; and k. Such other information as may be secured by the Purchasing Agent having a bearing on the decision to award the contract. If an apparent low bidder is not awarded a contract for reasons of non-responsibility, the Purchasing Agent shall so notify that bidder and shall have recorded the reasons in the contract file. 45. CONTRACTUAL DISPUTES: Any dispute concerning a question of act including claims for money or other relief as a result of a contract with MCPS which is not disposed of by agreement shall be declared by the Purchasing Agent, who shall reduce a decision to writing and mail or otherwise forward a copy thereof to the Contractor within ten (10) days. The decision of the Purchasing Agent shall be final and conclusive unless the Contractor appeals within ten (10) days of receipt of the written decision. Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty (60) days after final payment; however, as a condition precedent to consideration of the claim, the Contractor must give written notice of the intention to file such a claim at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pending claims shall not delay payment of amounts agreed due in the final payment. 46. DELIVERY/SERVICE FAILURES: Failure of a Contractor to deliver goods or services within the time specified, or within reasonable time as interpreted by MCPS, or failure to make replacements or corrections of rejected articles or services when so requested, immediately or as directed by MCPS, shall constitute grounds for MCPS to “Cover” by purchasing in the open market articles or services of comparable grade or quality to replace the services or articles rejected or not delivered. On all such purchases, the Contractor shall reimburse MCPS, within a reasonable time specified by MCPS, for any expense incurred in excess of contract prices, or, in MCPS’s sole discretion, MCPS shall deduct the cost of Cover from any amounts due to Contractor. Such purchases shall be deducted from the contract quantities if applicable. Should public necessity demand it, MCPS reserves the right to use or consume articles delivered or services performed which are substandard in quality, subject to an adjustment in price to be determined by MCPS. 47. EXHAUSTION OF ADMINISTRATIVE REMEDIES: No potential Bidder/Offeror or Contractor shall institute any legal action until all

administrative remedies available under this solicitation and resulting contract have been exhausted and until all statutory requirements have been met. 48. PROTEST OF AWARD OR DECISION TO AWARD: Any Bidder may protest the award or decision to award a contract by submitting a protest in writing to the Purchasing Agent no later than ten (10) calendar days after public notice of the award or the announcement of the decision to award, whichever occurs first. Any potential bidder or offeror on a contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract shall submit such protest in the same manner no later than ten (10) calendar days after posting or publication of the notice of such contract. The written protest shall include the basis for the protest and the relief sought. The Purchasing Agent shall issue a decision in writing within ten (10) calendar days of the receipt of the protest stating the reasons for the action taken. Any offeror may protest the award or decision to award a contract by submitting a protest in writing to MCPS, or an official designated by MCPS, no later than ten (10) calendar days after the award or the announcement of the decision to award, whichever occurs first. 48.1 If prior to award it is determined that the decision to award is arbitrary or capricious then the sole relief shall be a finding to that effect. The Purchasing Agent shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided. Where the award has been made but performance has not begun, the performance of the contract may be declared void by MCPS. Where the award has been made and performance has begun, the Purchasing Agent may declare the contract void upon a finding that this action is in the best interest of MCPS. Where a contract is declared void, the performing Contractor shall be compensated for the cost of performance at the rate specified in the contract up to the time of such declaration. In no event shall the performing Contractor be entitled to lost profits. 48.2 Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in good faith in accordance with this paragraph shall not be affected by the fact that a protest or appeal has been filed. 48.3 An award need not be delayed for the period allowed a Bidder/Offeror to protest, but in the event of a timely protest, no further action to award the contract will be taken unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless the bid or offer would expire. 49. RESPONSIBILITY FOR SUPPLIES TENDERED: Unless otherwise specified in the solicitation, the Contractor shall be responsible for the materials or supplies covered by the contract until they are delivered at the designated point, but the Contractor shall bear all risk on rejected materials or supplies after notice of rejection. Rejected materials or supplies must be removed by and at the expense of the Contractor promptly after notification of rejection, unless public health and safety require immediate destruction or other disposal of rejected delivery. If rejected materials are not removed by the Contractor within ten (10) days after date of notification, MCPS may return the rejected materials or supplies to the Contractor at his or her risk and expense or dispose of them as its own property. 50. MULTIPLE AWARDS: Except with a Requirements Contract, a Contract for Non-Professional Services or as expressly provided otherwise, the School Board intends to award a single contract.

RFP 18-12 24

ATTACHMENT 1, RFP-18-12

VENDOR DATA AND SIGNATURE PAGE, SUBMIT WITH YOUR BID

Legal Business Name: ____________________________________________________________

D/B/A: _________________________________________________________________________

Address: _______________________________________________________________________

City, State, Zip:

Phone: Fax _________________________________ VA STATE CORPORATION COMMISSION (SCC) IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 CHECK ONE. The Offeror:

is a corporation or other business entity with the following SCC identification number: ___________________________ -OR-

is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-

is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from offeror’s out-of-state location) -OR-

is an out-of-state business entity that is including with this proposal an opinion of legal counsel which accurately and completely discloses the undersigned offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application

for authority to transact business in MCPS and wish to be considered for a waiver to allow you to submit the SCC identification number after the due

date for proposals (MCPS reserves the right to determine in its sole discretion whether to allow such waiver):

Contact Information for Purposes of this Bid:

Name: __________________________________________ Phone: _________________________

Title: _______________________________________ Email: _______________________________________

Acknowledgement of Addendum and Site Visit:

I hereby acknowledge the receipt of the following addenda, please check. If none, state “None”.

Addendum # 1 _______ Addendum #2 _______ Addendum #3 _______ Addendum #4 _______

Check One: I ____ have or ______ have not visited the Project Site(s).

Authorized Signature: I have examined ALL bid documents. All my information is correct and accurate. I will I will fulfill the requirements, adhere to the terms and conditions, and ensure validity of the bid for at least 90 days. Signature ______________________________________________________________________________ Print Name _____________________________________________________________________________ Title __________________________________________Date_____________________________________

RFP 18-12 25

ATTACHMENT 2, RFP-18-12 CERTIFICATION STATEMENT

VIRGINIA CONFLICTS OF INTEREST AND VPPA COMPLIANCE: This Bid is subject to the provisions of §§ 2.2-3100 et seq. of the Virginia Code, the Virginia State and Local Government Conflict of Interests Act, and Sections 2.2-4300 et seq. of the Code, the Virginia Public Procurement Act (VPPA). The Vendor (___) is or (___) is not aware of any information bearing on the existence of any potential conflicts of interest or violation of ethics in public contracting provisions of the VPPA, Virginia Code §§ 2.2-4367 through 2.2-4377. If the Vendor checks the “is” blank, the Vendor shall provide details in a separate document and attach to their Bid. List names and addresses of any persons having an ownership interest of 3% or more in the above named business entity who are either related to or are an officer, employee, or appointee of the City of Manassas School Board or its governing body: Attach more sheets if necessary. If none, state “NONE”

NAME ADDRESS

COLLUSION AFFIDAVIT I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Proposal for the same services, materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I understand collusion is a violation of the State and Federal law and can result in fines, prison sentences, and civil damage awards.

CERTIFICATION FOR ALL OF THE ABOVE: I hereby certify that the responses to the above representations, certification and other statements, including all attachments are accurate and complete. Should the information provide be incomplete or inaccurate I will immediately inform the Purchasing Agent. I agree to abide by all conditions of the IFB and certify that I am authorized to sign for the Bidder. FIRM: _____________________________________________________________________ Authorized Signature _________________________________________________________ Print Name & Title ___________________________________________________________ Date ______________________________________________________________________

RFP 18-12 26

ATTACHMENT 3, RFP-18-12

CRIMINAL CONVICTION CERTIFICATION FORM

Virginia State Code 22.1-296.1 and Manassas City School Board Policy 4-29 state that “Under revised statute, as a condition of awarding a contract for the provision of services that require the contractor or his employees to have direct contact with students on school property during regular school hours or during school-sponsored activities, the Board must require the contractor to certify that the people providing the services have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child.” Therefore, please certify the following: “All persons who will have direct contact with students under this contract have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child.” VIRGINIA CODE § 22.1-296.1

A. As a condition of employment for all of its public school employees, whether full-time or part-time, permanent, or temporary, every school board shall require on its application for employment certification (i) that the applicant has not been convicted of a felony or any offense involving the sexual molestation, physical or sexual abuse or rape of a child; and (ii) whether the applicant has been convicted of a crime of moral turpitude. Any person making a materially false statement regarding any such offense shall be guilty of a Class 1 misdemeanor and upon conviction the fact of said conviction shall be grounds for the board of Education to revoke such person’s license to teach.

B. Every school board shall also require on its application for employment, as a condition of employment requiring direct contact with students, whether full-time or part-time, permanent, or temporary, certification that the applicant has not been the subject of a founded case of child abuse and neglect.

C. As a condition of awarding a contract for the provision of services that require the contractor or his employees to have direct contact with students on school property during regular school hours or during school-sponsored activities, the MCPS shall require the contractor to provide certification that all persons who will provide such services have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child.

School Boards shall not be liable to materially false statements regarding the certifications required by this subsection. This subsection shall not apply to a contractor or his employees providing services to a school division in an emergency or exceptional situation, such as when student health or safety is endangered or when repairs are needed on an urgent basis to ensure that school facilities are safe and habitable, when it is reasonably anticipated that the contractor or his employees will have no direct contact with students. Any person making a materially false statement regarding any such offense shall be guilty of a Class 1 Misdemeanor. Contractor agrees that they will not hire any person whose background check reveals that they have been convicted of a felony, a Class 1 Misdemeanor, a crime of moral turpitude (lying, cheating or stealing), or any offense involving the sexual molestation, physical or sexual abuse or rape of a child. We also agree that, after specific inquiry of any potential employee, we will not hire any person for this contract who has been the subject of a founded case of child abuse and neglect. Firm Name: ______________________________________________________Date:_________________ Authorized Signature ____________________________________________________________________ Print Name & Title ______________________________________________________________________

RFP 18-12 27

ATTACHMENT 4, RFP-18-12Rider for Agreements with Virginia Public Bodies Subject to the VA Public Procurement Act The following provisions apply to any agreement between Contractor and Customer when Customer is a Virginia public body subject to the Virginia Public Procurement Act, Va. Code § 2.2-4300, et seq., to the extent applicable to the circumstances: 1. Equal Opportunity Employment a. During the performance of the Agreement, the Contractor agrees as follows: (i) The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by federal or state law relating to discrimination in employment, except where there is a bona-fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (ii) The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, shall state that Contractor is an equal opportunity employer. (iii) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the notice, advertisement, and solicitation requirements of this paragraph. b. The Contractor shall cause to be included the provisions of the foregoing paragraphs a.(i), a.(ii), and a.(iii) (substituting the subcontractor or vendor for Contractor as the obligated party) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 2. Drug-Free Workplace a. During the performance of the Agreement, the Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) cause to be included the provisions of the foregoing clauses (substituting the subcontractor or vendor for the Contractor as the obligated party) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. b. For the purposes of this paragraph 2, "drug-free workplace" means a site for the performance of work done in connection with the Agreement by Contractor where its employees are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Agreement. 3. Certifications Regarding Felons and Sex Offenders. If Customer is a Virginia public school board, pursuant to Code of Virginia § 22.1-296.1.C., Contractor certifies that it and any of its employees who will have direct contact with any of Customer's students have not been convicted of a felony or any offence involving sexual molestation or physical or sexual abuse or rape of a child. Contractor shall promptly report to the Customer any change that would make this certification no longer accurate. 4. No Employment of Unauthorized Aliens. Contractor represents and warrants that Contractor does not, and shall not during the performance of this Agreement, knowingly employ any unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.

5. Statement of Nondiscrimination Against Faith-Based Organizations. Customer does not discriminate against faith-based organizations. The School Board in procuring goods and services, or in making disbursements pursuant to this section, shall not discriminate against a faith-based organization on the basis of the organization’s religious character or impose conditions that restrict the religious character of the faith-based organization, except funds provided for expenditure pursuant to contracts with public bodies shall not be spent on religious workshop, instruction, or proselytizing, or impair, diminish, or discourage the exercise of religious freedom by the recipients of such goods, services, or disbursement. 6. Prompt Payment Requirements a. Within seven days after Contractor receives amounts paid for work subject to the Agreement performed by any “subcontractor”, as defined in Code of Virginia § 2.2-4347, Contractor shall take one of the two following actions: (i) Pay the subcontractor for the proportionate share of the total payment received from Owner attributable to the work performed by the subcontractor; or (ii) Notify Owner and the subcontractor in writing of Contractor’s intent to withhold all or part of the subcontractor’s payment and the reason for nonpayment b. Contractor shall provide its Federal employer identification number with each application to Owner for payment. c. Contractor shall pay interest to any “subcontractor” on all amounts owed by Contractor that remain unpaid after seven days following receipt by Contractor of payment from Owner for work performed by such subcontractor relating to the Agreement except as to amounts withheld as allowed by 6(a)(ii). d. Unless otherwise provided under the terms of the Agreement, interest shall accrue at the rate of 1% per month. e. Contractor shall include in its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor. f. No obligation imposed by this paragraph 6 shall be construed to create any obligation of Customer. Under Code of Virginia §2.2-4354, no modification to the Agreement may be made for the purpose of providing reimbursement for the interest charge, and Contractor shall not invoice Customer for any such charge. 7. Authorization to Conduct Business in Virginia. The provisions of Va. Code § 2.2-4311.2 are incorporated by reference. If Contractor is a business entity described in Va. Code § 2.2-4311.2.A, Contractor must be authorized to transact business in Virginia if required by law to be so authorized and shall not allow its existence or certificate authority or registration to transact business to lapse or be revoked or cancelled during the term of this Agreement. Acknowledgment that Vendor has read this document and will abide by the Provisions contained herein. Firm Name________________________________________________ Authorized Signature________________________________________ Print Name__________________________________________ Title_______________________________________________ Date______________________________________________

SUBMIT THIS FORM WITH YOUR BID

ATTACHMENT 5, RFP-18-12 REFERENCES AND LIST OF SUBCONTRACTORS

The following information is required. Failure to complete and provide this sheet may result in finding your bid non-responsive. I certify all the information provided in this bid response is accurate. 1. FIRM NAME: _________________________________________________________________________________________ 2. Years in Business: Indicate the length of time you have been in business providing this type of good or service under this Name: 3. Any litigation, judgments or liens pending or filed against your firm in the last 36 months. If yes, explain?

4. Has your firm been Debarred from any government agency in the past 36 months? If yes, explain? 5. Provide at least three (3) current or recent projects similar in scope and size, one of which MUST be an educational organization equal

or larger in size than MCPS. Education and government projects preferred for all references.

A. FIRM: _________________________________Contact: ___________________________________ ________ Phone: (_____)______________________________ Fax: (_____)________________________________ ________ Scope: _____________________________________________________________________________ ________ Completion Date: _________________________________$ Value: _____________ __________ ___ Email Address: __________________________________ ___ B. FIRM: _________________________________Contact: ___________________________________ _______ Phone: (_____)______________________________ Fax: (_____)________________________________ _______ Scope: _____________________________________________________________________________ _______ Completion Date: _________________________________$ Value: _____________ __________ __ Email Address: __________________________________ __ C. FIRM: _________________________________Contact: ___________________________________ _______ Phone: (_____)______________________________ Fax: (_____)________________________________ _______ Scope: _____________________________________________________________________________ _______ Completion Date: _________________________________$ Value: _____________ __________ __ Email Address: __________________________________ __

D. FIRM: _________________________________Contact: ___________________________________ ________ Phone: (_____)______________________________ Fax: (_____)________________________________ ________ Scope: _____________________________________________________________________________ ________ Completion Date: _________________________________$ Value: _____________ __________ ___ Email Address: __________________________________ ___

6. SERVICE PROVIDER IDENTIFICATION NUMBER (SPIN) AND FCC REGISTRATION NUMBER (FCCRN) :

SPIN:

FCC RN

7. DETAIL ALL MANUFACTURER AND DEALER WARRANTIES: 8. CHECKLIST: Read and “Mark”, you have complied and agree.

_____ Acknowledge each Addenda _____ Completed and Signed Attachments 1 – 6 _____ Commonwealth of VA Contractor’s License _____ W-9 Form completed _____ Submit one (1) Original and one (1) Copies _____ Submit three (3) digital versions – thumb drives _____ No conditions, restrictions or qualifications have been placed by your firm that would have

the submittal declared non-responsive. _____ If awarded, Bidder is prepared to provide the required Insurance and Performance and

Payment Bonds. _____ We acknowledge that MCPS does not provide Worker’s Compensation to Contractors,

Subcontractors or any tier and as such is not responsible or legally liable for injuries including death.

I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Proposal for the same services, materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I understand collusion is a violation of the State and Federal law and can result in fines, prison sentences, and civil damage awards.

Authorized Signature ______________________________________Date _________________ Print Name ______________________________________Title __________________________

ATTACHMENT 6, RFP-18-12 PRICE SCHEDULE

Bid prices for items listed in the Pricing Schedule shall be in the form of a firm fixed price for each item. The bid prices shall be for the complete delivery, ready for MCPS use, and shall include all applicable freight charges; extra charges will not be allowed. No additional charges will be allowed. Minimum order quantities shall not be allowed.

One-Time Costs Monthly Recurring Costs

Bandwidth E-Rate Eligible E-Rate Ineligible E-Rate Eligible E-Rate Ineligible

1 Gbps

2 Gbps

3 Gbps

4 Gbps

5 Gbps

8 Gbps

10 Gbps

Other Charges

Other Charges – provide descriptions and explanations, e.g. Administrative fees, etc.:

Authorized Signature ______________________________________Date _________________ Print Name ______________________________________Title __________________________