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Bid Title: Motor Coach Transportation <br />The School Board of Broward County, Florida <br />SECTION 3 - GENERAL CONDITIONS <br />SEALED BID REQUIREMENTS: The "Bidder Acknowledgement Section" must be <br />completed, signed and returned with the bid. The Bid Summary Sheet pages on which <br />the Bidder actually submits a bid, and any pages, upon which information is required to <br />be inserted, must be completed and submitted with the bid. The School Board of <br />Broward County (SBBC) reserves the right to reject any bid that fails to comply <br />with these submittal requirements. <br />a) BIDDER'S RESPONSIBILITY: It is the responsibility of the Bidder to be certain that <br />all numbered pages of the bid and all attachments thereto are received and all <br />Addendum released are received prior to submitting a bid without regard to how a <br />copy of this ITB was obtained. All bids are subject to the conditions specified herein <br />on the attached bid documents and on any Addenda issued thereto. <br />b) BID SUBMITTED: Completed bid must be submitted in a sealed envelope with bid <br />number and name clearly typed or written on the front of the envelope. Bids must be <br />time stamped in Procurement & Warehousing Services on or before 2:00 p.m. ET <br />on the date due for bid to be considered. Bids shall be opened at 2:00 p.m. ET on <br />the date due. Bids submitted by email, telegraphic orfacsimile transmission shall not <br />be accepted. <br />c) EXECUTION OF BID: Bid must contain an original manual signature of an authorized <br />representative in the space provided above. All bids must be completed in ink or <br />typewritten. If a price correction is necessary, draw a single line through the <br />entered figure and enter the corrected figure or use opaque correction fluid. <br />All price corrections must be initialed by the person signing the bid even when <br />using opaque correction fluid. SBBC reserves the right to reject any bid or bid <br />item completed in pencil or any bid that contains illegible entries or price <br />corrections not initialed. <br />d) BIDDING PREFERENCE LAWS: ALL BIDDERS MUST COMPLETE AND SUBMIT <br />THE LEGAL OPINION OF BIDDER'S PREFERENCE FORM IN ORDER TO BE <br />CONSIDERED FOR AWARD. The State of Florida provides a Bidder's preference <br />for Florida vendors for the purchase of personal property. The local preference is five <br />(5) percent Bidders outside the State of Florida must have an attorney, licensed to <br />practice law in the out-of-state jurisdiction, as required by Section 2, Chapter <br />287.084, Florida Statutes, execute Attachment D "Opinion of Out -of --State Bidders <br />Attorney on Bidding Preferences" form and must submit this form with the submitted <br />bid. Such opinion should permit SBBC's reliance on such an attorney's opinion for <br />purposes of complying with Chapter 287.084, Florida Statutes. Florida Bidders must <br />also complete their portion of the form. Failure to submit and execute this form, with <br />the bid, shall result in the bid being considered "non -responsive" and bid rejected. <br />2. PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price <br />and extended total. Prices must be stated in units to the quantity specified in the bidding <br />specification. In case of discrepancy in computing the amount of the bid, the Unit Price <br />quoted shall govern. <br />All prices quoted shall be F.O.B. destination and freight prepaid (Bidder pays and bears <br />freight charges). Awardee owns goods in transit and files any claims. Discounts for prompt <br />payment: Award, if made, shall be in accordance with terms and conditions stated herein. <br />Each item must be bid separately and.no attempt is to be made to tie any item or items in <br />with any other item or items. Cash or quantity discounts offered shall not be a <br />consideration in the determination of an award of the bid(s). If an Awardee offers a <br />discount or offers terms less than Net 30, it is understood that a minimum of 30 days shall <br />be required for payment, and if a payment discount is offered, the discount time shall be <br />computed from the date of satisfactory delivery at place of acceptance and receipt of <br />correct invoice at the office specified. <br />a) TAXES: SBBC does not pay Federal Excise and State taxes on direct purchase of <br />tangible personal property. The applicable tax exemption number is shown on the <br />Purchase Order. This exemption does not apply to purchases of tangible personal <br />property made by contractors who use the tangible personal property in the <br />performance of contracts for the improvement of SBBC owned real property as <br />defined in Chapter 192, Florida Statutes. <br />b) MISTAKES: Bidders are expected to examine the specifications, delivery schedules, <br />bid prices and extensions, and all instructions pertaining to supplies and services. <br />Failure to do so shall be at Bidder's risk. <br />c) CONDITION AND PACKAGING: It is understood and agreed that any item offered <br />or shipped as a result of this bid shall be new (current production model at the time of <br />this bid) unless otherwise specified. All containers shall be suitable for storage or <br />shipment and all prices shall include standard commercial packaging. <br />d) UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the Bid, all <br />manufactured items and fabricated assemblies shall be UL listed where such has been <br />established by UL for the item(s) offered and furnished. Instead of the UL listing, Bidder <br />may substitute a listing by an independent testing laboratory recognized by OSHA under <br />the Nationally Recognized Testing Laboratories (NRTL) Recognition Program. <br />Bid No. FY23-029-1 <br />Page 3 of 26 <br />e) BIDDER'S CONDITIONS: Bid conditions and specifications shall not be changed, <br />altered or conditioned in any way. SBBC specifically reserves the right to reject <br />any conditional bid. <br />3. SAMPLES: Samples of items, when required, must be furnished free of expense within <br />five (5) working days of the request unless otherwise stated and, if not destroyed, will, <br />upon request, be returned at the Bidder's expense. Bidders shall be responsible for <br />the removal of all samples furnished within 30 days after bid opening. All samples shall <br />be disposed of after 30 days. Each individual sample must be labeled with Bidder's <br />name, bid number, and item number. Failure of Bidder to either deliver required <br />samples or to clearly identify samples as indicated may be reason for rejection of the <br />bid item. Unless otherwise indicated, samples should be delivered to Procurement & <br />Warehousing Services, The School Board of Broward County, Florida, 7720 West <br />Oakland, Park Boulevard, Suite 323, Sunrise, Florida 33351-6704. <br />4. DELIVERY: All deliveries shall be F.O.B. destination point. Unless the actual date of <br />delivery is specified (or if specified delivery cannot be met), show the number of days <br />required to make delivery after receipt of Purchase Order in space provided. Delivery <br />time may become a basis for making an award (see Special Conditions). Delivery shall <br />be within the normal working hours of the user, Monday through Friday, excluding state <br />holidays and days during which SBBC administration is closed. <br />5. INTERPRETATIONS: Any questions concerning conditions and specifications must <br />be submitted in writing and received by Procurement & Warehousing Services no later <br />than ten working days, or as stated in the Special Conditions, prior to the original <br />bid opening date. If necessary, an Addendum shall be issued. <br />6. AWARDS: In the best interest of SBBC, SBBC reserves the right to: 1) withdraw this <br />ITB at any time prior to the time and date specified for the bid opening; 2) to reject any <br />or all bids received when there are sound documented business reasons that serve <br />the best interest of SBBC; 3) to accept any item or group of items unless qualified by <br />Bidder; and 4) to acquire additional quantities at prices quoted on this ITB unless <br />additional quantities are not acceptable, in which case, the bid sheets must be noted <br />"BID IS FOR SPECIFIED QUANTITY ONLY." All awards made as a result of this bid <br />shall conform to applicable Florida Statutes and shall be governed by the laws of the <br />State of Florida, and must have venue established in the 17r^ Judicial Circuit Court of <br />Broward County, Florida or the United States Court of the Southern District of Florida. <br />7. BID OPENING: Shall be public, on the date and at the time specified on the bid form. <br />All bids received after that time shall not be considered. <br />8. ADVERTISING: In submitting a bid, Bidder agrees not to use the results there from as <br />a part of any commercial advertising without prior approval of SBBC. <br />9. INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance shall be at <br />destination unless otherwise provided. Title to/or risk of loss or damage to all items <br />shall be the responsibility of the Awardee until acceptance by the buyer unless loss or <br />damage resulting from negligence by the buyer. If the materials or services supplied <br />to SBBC are found to be defective or not conform to specifications, SBBC reserves the <br />right to cancel the order upon written notice to the seller and return product at <br />Awardee's expense. <br />10. PAYMENT: Payment shall be made by SBBC after the items awarded have been <br />received, inspected, found to comply with award specifications and free of damage or <br />defect and properly invoiced. All payments shall be made by ACH (Automated Clearing <br />House) for automatic deposits (credits). <br />11. CONFLICT OF INTEREST AND CONFLICTING EMPLOYMENT OR <br />CONTRACTUAL RELATIONSHIP: Section 112.313 (3) and (7), Florida Statutes, sets <br />forth restrictions on the ability of SBBC employees acting in a private capacity to rent, <br />lease, or sell any realty, goods or services to SBBC. It also places restrictions on SBBC <br />employees concerning outside employment or contractual relationships with any <br />business entity which is doing business with SBBC. Each Bidder is to disclose any <br />employees it has who are also SBBC employees by submitting Attachment B, <br />Disclosure of Potential Conflict of Interest and Conflicting Employment or Contractual <br />Relationship, with its Bid. Any employees identified by the Bidder when completing <br />Attachment B should obtain legal advice as to their obligations and restrictions under <br />Section 112.313 (3) and (7), Florida Statutes. <br />12. INSURANCE: Bidder, by virtue of submitting a bid, shall be in full compliance with <br />paragraph 20: LIABILITY INSURANCE, LICENSES, AND PERMITS of the General <br />Conditions. Insurance Requirements are shown in Section 6 of this ITB. Bidder shall <br />take special notice that SBBC shall be named as an additional insured under the <br />General Liability policy including Products Liability. <br />The insurance policies shall be issued by companies qualified to do business in the <br />State of Florida. The insurance companies must be rated at least A -VI by AM Best or <br />Aa3 by Moody's Investor Service. All policies must remain in effect during the <br />performance of the contract. <br />Broward County Public Schools Is An Equal Opportunity/Equal Access Employer <br />Page 3 <br />