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Bid Title: Motor Coach Transportation
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<br />Bid No. FY23-029-1
<br />0OTZ0
<br />37
<br />PROTESTING OF BID CONDITIONSISPECIFICATIONS: Any person desiring to protest
<br />the conditions/specifications in this ITB, or any Addenda subsequently released thereto,
<br />shall file a notice of intent to protest, in writing, within 72 hours after electronic release of
<br />the competitive solicitation or Addendum and shall file a formal written protest within ten
<br />calendar days after the date the notice of protest was filed. Saturdays, Sundays, state
<br />holidays or days during which SBBC administration is closed shall be excluded in the
<br />computation of the 72 hours. If the tenth calendar day falls on a Saturday, Sunday, state
<br />holiday or day during which SBBC administration is closed, the formal written protest must
<br />be received on or before 5:00 p.m. ET of the next calendar day that is not a Saturday,
<br />Sunday, state holiday or day during which SBBC administration is closed. Section 3 b,
<br />Chapter 120.57, Florida Statutes, as currently enacted or as amended from time to time,
<br />states that "The formal written protest shall state with particularity the facts and law
<br />upon which the protest is based."
<br />Failure to file a notice of protest or to file a formal written protest within the time prescribed
<br />by Section 3, Chapter 120.57), Florida Statutes, or a failure to post the bond or other
<br />security required by SBBC Policy 3320, within the time allowed for filing a bond, shall
<br />constitute a waiver of proceedings. The bond shall be conditioned upon the payment of all
<br />costs which may be adjudged against the protestant in an Administrative Hearing in which
<br />the action is brought and in any subsequent appellate court proceeding. In lieu of a bond,
<br />SBBC may accept a cashier's check, official bank check or money order in the amount of
<br />the bond. If, after completion of the Administrative Hearing process and any appellate court
<br />proceedings, SBBC prevails, SBBC shall recover all costs and charges which shall be
<br />included in the Final Order or judgment, including charges made by the Division of
<br />Administrative Hearings, but excluding attorneys fees. Upon payment of such costs and
<br />charges by the protestant, the bond shall be returned. The failure to post the bond required
<br />by SBBC Policy 3320, Part Vlll, as currently enacted or as amended from time to time, shall
<br />constitute a waiver of proceedings. Notices of protest, formal written protests, and the bonds
<br />required by SBBC Policy 3320, shall be filed at the office of the Director, Procurement &
<br />Warehousing Services, 7720 West Oakland Park Boulevard, Suite 323, Sunrise, Florida
<br />33351-6704 (fax 754-321-0936). Fax filing shall not be acceptable for the filing of bonds.
<br />POSTING OF BID RECOMMENDATIONSITABULATIONS: ITB Recommendations and
<br />Tabulations shall be posted in Procurement & Warehousing Services and on
<br />www.demandstar.com and shall remain posted for 72 hours. Any change to the date and
<br />time established herein for the posting of ITB Recommendations/Tabulations shall be
<br />posted in Procurement & Warehousing Services and/or at www.demandstar.com (under
<br />the document section for this ITB). In the event the date and time of the posting of ITB
<br />Recommendations/rabulations is changed, it is the responsibility of each Bidder to
<br />ascertain the revised date of the posting of ITB Recommendations/Tabulations. Any person
<br />desiring to protest the intended decision shall file a notice of protest, in writing, within 72
<br />hours after the posting of the ITB tabulation and shall file a formal written protest within ten
<br />calendar days after the date the notice of protest was filed. Saturdays, Sundays, state
<br />holidays and days during which SBBC administration is closed shall be excluded in the
<br />computation of the 72 hours. If the tenth calendar day falls on a Saturday, Sunday, state
<br />holiday or day during which SBBC administration is closed, the formal written protest must
<br />be received on or before 5:00 p.m. ET of the next calendar day that is not a Saturday or
<br />Sunday, state holiday or days during which SBBC administration is closed. No submissions
<br />made after the Bid opening amending or supplementing the Bid shall be considered.
<br />Section 120.57(3)(b), Florida Statutes, as currently enacted or as amended from time to
<br />time, states that "The formal written protest shall state with particularity the facts and
<br />law upon which the protest is based". Any person who files an action protesting an
<br />intended decision shall post with SBBC, at the time of filing the formal written protest,
<br />a bond, payable to SBBC, in an amount equal to one percent (1 %) of SBBC's estimate of
<br />the total volume of the contract SBBC shall provide the estimated contract amount to the
<br />vendor within 72 hours, excluding Saturdays, Sundays and other days during which SBBC
<br />administration is closed, of receipt of notice of intent to protest. The estimated contract
<br />amount is not subject to protest pursuant to Section 120.57(3), Florida Statutes. The bond
<br />shall be conditioned upon the payment of all costs which may be adjudged against the
<br />protestant in an Administrative Hearing in which the action is brought and in any subsequent
<br />appellate court proceeding. In lieu of a bond, SBBC may accept a cashier's check, official
<br />bank check or money order in the amount of the bond. If, after completion of the
<br />Administrative Hearing process and any appellate court proceedings, SBBC prevails, SBBC
<br />shall recover all costs and charges which shall be included in the Final Order or judgment,
<br />including charges made by the Division of Administrative Hearings, but excluding attorneys
<br />fees. Upon payment of such costs and charges by the protestant, the bond shall be
<br />returned. All documentation necessary for the protest proceedings shall be provided
<br />electronically by SBBC.
<br />37. (Continued):
<br />Failure to file a notice of protest or to file a formal written protest within the time
<br />prescribed by Section 120.57(3), Florida Statutes, or a failure to post the bond or
<br />other security required by SBBC Policy 3320 within the time allowed for filing a
<br />bond, shall constitute a waiver of proceedings. The failure to post the bond
<br />required by SBBC Policy 3320, Part Vill, as currently enacted oras amended from
<br />time to time, shall constitute a waiver of proceedings. Notices of protests, formal
<br />written protests, and the bonds required by Policy 3320, shall be filed at the office
<br />of the Director, Procurement & Warehousing Services, 7720 West Oakland Park
<br />Boulevard, Suite 323, Sunrise, Florida 33351.6704 (fax 754.321.0936). Fax filing
<br />shall not be acceptable for the filing of bonds.
<br />38. SUBMITTAL OF BIDS: All Bidders are reminded that it is the sole responsibility of the
<br />BIDDER to assure that their bid is time -stamped in PROCUREMENT &
<br />WAREHOUSING SERVICES on or before 2:00 p.m. ET on the date due. The address
<br />for bid submittal, including hand -delivery and overnight courier delivery, is indicated as
<br />7720 West Oakland Park Boulevard, Suite 323, Sunrise, Florida 33351-6704. The
<br />Bidder is fully and completely responsible for the payment of all delivery costs
<br />associated with the delivery of their bid or related material. Procurement &
<br />Warehousing Services shall not accept delivery of any bid or related material requiring
<br />SBBC to pay for any portion of the delivery cost or the complete delivery cost. Prior to
<br />bid submittal, it is the responsibility of the Bidder to be certain that all Addenda released
<br />have been received, that all Addendum requirements have been completed, and that
<br />all submittals required by the Addendum have been timely filed. (See General Condition
<br />1.)
<br />39. PACKING SLIPS: It shall be the responsibility of the Awardee to attach all packing slips
<br />to the OUTSIDE of each shipment. A packing slip must reference the SBBC Purchase
<br />Order number/control number. Failure to provide a packing slip attached to the outside
<br />of shipment shall result in refusal of shipment at the Awardee's expense.
<br />40. USE OF OTHER CONTRACTS: SBBC reserves the right to utilize any other SBBC
<br />contract, any State of Florida Contract, any contract awarded by any other city or county
<br />governmental agencies, other schools, other community collegetstate university system
<br />cooperative bid agreement, or to directly negotiate/purchase per SBBC and/or Rule 6A-
<br />1.012, Florida Administration Code as currently enacted or as amended from time to
<br />time, in lieu of any offer received or award made as a result of this bid if it is in its best
<br />interest to do so.
<br />INDEMNIFICATION: Any bid that fails to accept these conditions shall be rejected
<br />as "non -responsive."
<br />a) SBBC agrees to be fully responsible for its acts of negligence or its agents' acts of
<br />negligence when acting within the scope of their employment and agrees to be
<br />liable for any damages resulting from said negligence. Nothing herein is intended
<br />to serve as a waiver of sovereign immunity by SBBC. Nothing herein shall be
<br />construed as consent by SBBC to be sued by third parties in any matter arising out
<br />of any contract Nothing herein shall be construed as a waiver by SBBC of any
<br />rights or limits to liability under Section 768.28, Florida Statutes.
<br />AWARDEE agrees to indemnify, hold harmless and defend SBBC, its agents,
<br />servants and employees from any and all claims, judgments, costs, and expenses
<br />including, but not limited to, reasonable attorney's fees, reasonable investigative
<br />and discovery costs, court costs and all other sums which SBBC, its agents,
<br />servants, and employees may pay or become obligated to pay on account of any,
<br />all and every claim or demand, or assertion of liability, or any claim or action
<br />founded thereon, arising or alleged to have arisen out of the products, goods or
<br />services famished by the AWARDEE, its agents, servants or employees; the
<br />equipment of the AWARDEE, its agents, servants or employees while such
<br />equipment is on premises owned or controlled by SBBC; or the negligence of
<br />AWARDEE or the negligence ofAWARDEE's agents when acting within the scope
<br />of their employment, whether such claims, judgments, costs, and expenses be for
<br />damages, damage to property including SBBC's property, and injury or death of
<br />any person whether employed by the AWARDEE, SBBC or otherwise.
<br />42. PURCHASE BY OTHER PUBLIC AGENCIES: With the consent and agreement of
<br />the awarded contractor(s), purchases may be made under this bid by other agencies.
<br />Such purchases shall be governed by the same terms and conditions as stated herein.
<br />43. GOVERNING LAW: This ITB and any award(s) resulting from this ITB shall be
<br />interpreted and construed in accordance with the laws of the State of Florida. Any
<br />protests arising from this ITB shall be subject to Section 120.57(3), Florida Statutes.
<br />Any disputes or controversies arising out of a contract award under this ITB shall be
<br />submitted to the jurisdiction of the state courts of the Seventeenth Judicial Circuit
<br />Court in and for Broward County, Florida.
<br />Broward County Public Schools Is An Equal Opportunity/Equal Access Employer
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