EXECUTIVE SEARCH FIRM SERVICES - DIVISION SUPERINTENDENT

Agency: Roanoke City Public Schools
State: Virginia
Type of Government: State & Local
Posted Date: Nov 8, 2019
Due Date: Nov 22, 2019
Solicitation No: RFP 3007
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Number Documents Due Date Time
RFP 3007 EXECUTIVE SEARCH FIRM SERVICES - DIVISION SUPERINTENDENT 11/22/2019 3:00 P.M.
ATTACHMENT B - 2018-19 BALANCED SCORECARD
ATTACHMENT C - 2019-20 ACCOMPLISHMENTS BROCHURE

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Purchasing Department

P. O. Box 13145 • Roanoke, VA 24031

(540) 853-1348 FAX (540) 853-2836

November 8, 2019

REQUEST FOR PROPOSAL

RFP #3007

Notice is hereby given of the intention of the School Board for the City of Roanoke, Virginia, to contract for

EXECUTIVE SEARCH FIRM SERVICES – DIVISION SUPERINTENDENT

Vendors who are not pre-registered and who wish to submit a proposal must complete the "Vendor Application Form" which can be found at http://www.rcps.info/departments/administrative_departments/Purchasing_Department/ . Click on “Forms”, complete, and return to the Director of Purchasing with your proposal. Sealed proposals will be received in the Purchasing Department Office (Terrace Level) for the ROANOKE CITY SCHOOL BOARD, 40 Douglass Avenue, NW, Roanoke, Virginia 24012.

Delivery of Proposal: It is the responsibility of the vendor to ensure that its proposal is delivered to the place designated for receipt of proposals and by the time set for receipt of proposals. No proposals received after the time designated for receipt of proposals will be considered. Proposals must be in the hands of the officer or agent of the Owner whose duty it is to receive them by the time specified. The officer or agent of the Owner whose duty is to receive proposals will decide when the specified time has arrived and will determine if the proposal was in their possession by that time.

For Hand delivered proposals, sufficient time must be allowed for the building receptionist to contact the Purchasing Department Office (Terrace Level). Receptionist will not be responsible for last minute arrivals or late bids/proposals.

Due Date and Time: November 22, 2019 (3:00 P.M.) (EST)

In the event that School Board offices are closed due to inclement weather and/or emergency situations prior to or at the time set aside for proposals, the published due date will default to the next open business day at the same time.

ROANOKE CITY SCHOOL BOARD

Eric Thornton Purchasing Director

_____________________________________________________________________________________________________ Electronic Invitation to Bid/RFP Retrieval Instructions: Full copies of Requests for Proposals, Bids, and Addenda in Microsoft Word format must be retrieved over the Internet at the following address:

https://www.rcps.info/departments/administrative_departments/Purchasing_Department/ . Click on “Bids, RFP’s, Awards, and Cancellations” to retrieve the Request for Proposal. If you experience problems, call 540-853-1348 or e-mail ethornton@rcps.info for assistance.

THIS PUBLIC BODY DOES NOT DISCRIMINATE AGAINST FAITH-BASED ORGANIZATIONS

TABLE OF CONTENTS

RFP #3007

Executive Search Firm Services – Division Superintendent

PAGE


RFP 3007

Executive Search Firm Services – Division Superintendent

I. PURPOSE

The purpose and intent of this RFP is to solicit sealed proposals and establish a contract for Vendor (“Offeror,” “Proposer”) provided Executive Search Firm Services for Division Superintendent for the School Board of the City of Roanoke also referenced herein as the “Owner,” “Roanoke City Public Schools,” “RCPS,” or “District.”

The School Board of the City of Roanoke is seeking proposals from qualified Executive Search Firms to work directly with the Board to develop a pool of qualified candidates and assist in the selection process for the position of Division Superintendent.

This document establishes the anticipated services to be performed and outlines the evaluation and selection process. The selection process, based on the evaluation criteria listed in the RFP, should result in a firm being awarded a contract; however, this document does not guarantee that a contract will be awarded.

II. BACKGROUND

RCPS is a progressive urban school district in the City of Roanoke, Virginia. Roanoke, which covers 43 square miles, located at the southern end of the Shenandoah Valley between the Blue Ridge and Allegheny Mountains, is approximately 170 miles west of Richmond, 235 miles southwest of Washington, D.C., and located midway between New York and Atlanta. The City is the center of one of Virginia’s largest metropolitan regions and a hub for transportation, finance, and industry in southwestern Virginia. Home to nearly 100,000 residents, Roanoke is a mountain city and boasts innovative offerings, award-winning outdoor amenities, endless trails, friendly neighborhoods with character, public art, the famous Roanoke Star, museums, craft breweries, one-of-a-kind shops and restaurants, and historical attractions. Nearly 300,000 citizens reside in the region.

The Roanoke City School System enjoys a national reputation for being an innovative, trauma-informed, fully accredited urban school district. There are approximately 14,000 students in grades pre-K through 12. The school district is made up of 28 school sites, including two high schools, five middle schools, 17 elementary schools, and the following four additional program sites:

1. Forest Park Academy is a program for over-age, under-credited secondary students targeted at reducing the dropout rate.

2. For gifted high school students, there is the Roanoke Valley Governor’s School for Science and Technology—a regional center for which entrance requirements are highly competitive.

3. The Roanoke Technical Education Program (ROTEC) is the Center for Career and Technical Education (CTE) that offers courses to prepare students with the knowledge and skills for employment and/or further education.

4. Noel C. Taylor Academy provides an integrated transitional program for students who require additional behavioral and academic remediation.

Accomplishments from the 2018-2019 school year include:

• 90 percent on-time graduation rate.

• All schools are fully accredited.

• Record enrollment in the free, six-week summer enrichment program known as RCPS+.

• Named as one of the Best Communities for Music Education for seven consecutive years by the NAMM Foundation.

• Initiated efforts to establish RCPS as a trauma-informed and responsive division.

• Increased student access to school counselors and school social workers to address mental health and social/emotional needs.

• Strong community partnerships with increased commitment to strengthen family and community engagement.

RCPS employs approximately 2,200 full and part-time employees—1,244 professional/instructional staff, 121 administrators/supervisors, and 623 support personnel.

The governing body of Roanoke City Public Schools is the School Board. School Board members are appointed by City Council for a three-year term of office. The terms of the seven-member Board are staggered, and no more than three Board seats are appointed each year.

The Superintendent serves at the pleasure of the Board and carries out the policies established by the Board. The contract of the current Superintendent will end June 30, 2020, with her retirement after 12 years of service in the position.

The annual school budget for the 2019/2020 school year is in excess of $180,000,000. The school has a general reserve fund of approximately $19,500,000.

The racial composition of the school system is 65 percent minority, 35 percent non-minority. There are 74 birth countries represented and more than 59 languages are spoken.

Approximately 72 percent of the student population is eligible for Title I services.

The school division’s 2018-2019 balanced scorecard and 2019-2020 promotional brochure are attached and incorporated herein by reference.

III. SCOPE OF SERVICES

The RCPS School Board is seeking proposals from experienced search consultants to assist in recruiting applicants for the position of Superintendent of Schools. The successful proposer will work with the Board to conduct an extensive search for highly qualified candidates. The scope of work will include, but is not limited to:

• Engage the Board members in a methodical and synergistic process;

• Meet with the Board as needed to ensure a high quality search process;

• Obtain staff and community input, ensuring that all stakeholders are represented;

• Develop and maintain the community’s trust in the process;

• Meet with the Board to refine a profile of the superintendent for our district;

• Update and revise, as necessary, the existing leadership profile based on stakeholder input;

• Develop a position description and strategies to recruit ideal candidates;

• Develop recruitment materials and conduct and engage in extensive state and national advertising, professional networking and other search activities including social media outlets, as appropriate, to generate a diverse pool of highly qualified prospective candidates;

• Screen and interview prospective candidates and prepare written summaries on qualifications, competence, and experience;

• Develop objective measurement tools;

• Coordinate selection activities for finalists;

• Assist the Board with the final interviews and employment of the new superintendent;

• Conduct independent and comprehensive reference and background checks for finalists and provide a written report to the Board which should include validation process of professional credentials, including academic employment, consumer credit and criminal history; and

• Advise the Board on salary and benefit expectations, and negotiating terms of the employment contract. Provide guidance as to best practices the consultant (or offeror) has witnessed for a successful transition process, including the transfer of knowledge process from outgoing superintendent to new superintendent.

The consultant’s staff must be available for consultation with the School Board and project administrators on an as-needed basis between 7:00 AM and 6:00 PM EST, Monday through Friday.

IV. CONTRACT PERIOD

The contract period will be from signing of contract through June 30, 2020. The District reserves the right to exercise its discretion to extend the term of the contract as needed.

V. CALENDAR OF EVENTS

Date

Release RFP November 8, 2019

Receive Written Inquiries (no later than) November 13, 2019 (5:00 P.M.)

Answer Written Inquiries (anticipated) November 18, 2019 (5:00 P.M.)

Due Date for Proposals November 22, 2019 (3:00 P.M.)

Evaluation of Proposals November 22-December 2019

Evaluation Committee Rates Proposals December 5, 2019

Presentations by Top Responders (if required) December 10-17, 2019

Contract Award December 20, 2019

Offerors may submit written questions, via email to ethornton@rcps.info no later than November 13, 2019, by 5:00 P.M. Answers are anticipated to be posted to the RCPS website by close of business on November 18, 2019. All questions should be concise and when possible, submitted in an “aggregate” form.

Oral Presentations: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to RCPS. 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 negotiations. RCPS will schedule a time and location for these meetings. These meetings are an option of RCPS and may or may not be conducted.

VI. PROPOSAL SUBMITTAL REQUIREMENTS AND PREPARATION

A. General Requirements

In order to be considered for selection, Offerors must submit a complete response to this RFP. Specifically, Offerors must provide one (1) original, seven (7) copies, and one (1) redacted copy that omits any proprietary or confidential information that the Offeror requests to be withheld from public view. A flash drive including all Documentation provided in the redacted and un-redacted responses must also be provided. The electronic copy should include an Excel version of the completed pricing schedule.

Proposals shall be signed by an authorized representative of the Offeror. All information requested should be submitted. Failure to submit all information requested may result in RCPS requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal.

Proposals should be prepared simply and economically, providing a straight forward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, sub letter, and repeat the text of the requirements as it appears in the RFP. If a response covers more than one page, the proposal should contain a table of contents which cross references the RFP requirements. Information which the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material.

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 the Owner pursuant to the RFP shall belong exclusively to the Owner and be subject to public 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 protections of Section 11-52D of the Code of Virginia, in writing, either before or at the time the data or other materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item proposal and/or total proposal prices as proprietary or trade secrets is not acceptable.

B. Specific Requirements

Consultant will be required to provide all necessary labor, equipment, tools, materials, and facilities to complete the work described in this RFP. Each proposal shall include, at a minimum, the following information in a clear and concise manner:

1. A description or profile of consultant and any information or materials that (s)he believes would be helpful to the Board in making its decision, i.e., a statement of qualifications, including an understanding of the requirements of Virginia state law regarding the appointment of Superintendents.

2. A summary of strategies to engage all stakeholder communities in this search process.

3. The process/approach (s)he will propose including identifying strategies unique to our district versus other searches consultant has conducted.

4. A detailed description of how (s)he will ensure the required confidentiality throughout the process.

5. A detailed summary of similar services that (s)he has provided to other public school districts comparable to our district including sample postings and other documents used in the process.

6. Name of lead consultant and professional resumes of principals and other employees who will render services in this process.

7. A detailed description and line-item breakdown of any and all fees and estimated expenses to be charged to the District, including a listing and breakdown of fees and expenses for any optional services.

8. A list of references, including names, addresses, telephone numbers, email addresses for contacts for five (5) recently-completed superintendent searches.

9. Successful candidate must be able to begin work within 5 days of contract award and continue to work on project until the Superintendent position is successfully filled and the new employee is on site and all necessary follow-up items have been completed.

10. Successful candidate shall sign the School Board’s standard Consulting Contract and meet requirements therein.

11. Candidates shall submit a proposal addressing the above specifications, including a full list of services to be provided. The proposal certification page must be completed, signed and returned with proposal for the proposal to be valid.

Please note that, prior to award, RCPS shall have the right to request any information to provide evidence that an entity responding to this RFP is able to deliver the items specified in the Scope of Services.

Additional Information - Requests for any additional information should be directed to:

Eric Thornton, Purchasing Director, at (540) 853-1348 or ethornton@rcps.info .

a. RCPS intends to make a selection based upon the best interest of the District.

b. RCPS encourages the use of MBE, WBE, SBE and Local Contractors.


VII. EVALUATION AND AWARD OF CONTRACT:

A. Evaluation Criteria: Proposals shall be evaluated using the following criteria.

Criteria Points

1. Understanding of scope of services to be provided
and plan to provide those services. 30

2. Rate/Fee Structure. 30

3. Demonstrated professional skill and credentials 20

4. Related experience and references. 14

5. Certified locally-owned business enterprise (LBE). 2

6. Certified minority business enterprise (MBE). 2

7. Certified women business enterprise (WBE). 2

Total Points 100

B. Award:

The District will select consultants who best meet the District’s needs to perform the superintendent search process as described in this RFP. The criteria on which the District will make its determination will not be limited to the amount of the proposed fees, but also on the ability and experience of the consultant, as described in the proposal. Of particular interest to the Board is employing consultants who will be strategic in determining how to approach this search in a manner that is best suited to find the best candidate for our district versus searches in other areas. Each consultant submitting a proposal must submit an overall cost for performing the services, and the selected consultant will be required to sign the District’s agreement.

Selection shall be made of one or more Offeror(s) deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposal, including price, if so stated in the Request for Proposal. Negotiations shall be conducted with the Offeror(s) selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each Offeror(s) so selected, RCPS shall select the Offeror(s) which, in its opinion, has made the best proposal, and shall award the contract to that Offeror(s). RCPS may cancel this Request for Proposal or reject proposals at any time prior to an award, and is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous. (Section 11-65D, Code of Virginia.) Should RCPS 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. The award document will be RCPS Standard Contract incorporating by reference all the requirements, terms, and conditions of the solicitation and the contractor’s proposal as negotiated.

C. Definitions: LBE, MBE, WBE.

“Local owner” – an individual who has an ownership interest in a business enterprise and whose primary residence is within the Roanoke Metropolitan Area. For the purposes of this policy, the Roanoke Metropolitan Area shall include all cities, counties, and towns within the Commonwealth of Virginia that are within a 50-mile radius of the City of Roanoke.

“Locally-owned business enterprise (LBE)” – a business that(i) is privately held, (ii) has Local Owners that own at least fifty-one percent of the business, (iii) has Local Owners that control the management and daily operations of the business, (iv) is registered in Virginia with no corporate headquarters outside of the Commonwealth, and (v) has completed the certification steps set forth below.

In order to be placed on the Purchasing Division’s list as a LBE, a business must provide the Purchasing Director with (i) a copy of its local business license, (ii) a copy of the businesses articles of incorporation or partnership agreement, and (iii) a completed sworn certification form (found in the “Additional Forms” section of this RFP).

“Minority business enterprise (MBE)” – a business that has been certified by the Virginia Department of Small Business and Supplier Diversity ( www.sbsd.virginia.gov ) as a business that is both owned and controlled by minorities.

“Women business enterprise (WBE)” – a business that has been certified by the Virginia Department of Small Business and Supplier Diversity ( www.sbsd.virginia.gov ) as a business that is both owned and controlled by women.

VIII. GENERAL TERMS AND CONDITIONS:

A. Taxes: State sales and use tax certificate of exemption, Form ST-12 will be issued upon request, if you do not have same on file. Deliveries against this proposal shall be free of excise or transportation taxes.

B. Mandatory use of RCPS Form and Terms and Conditions: Failure to submit a proposal on the official form provided for that purpose shall be a cause for rejection of the proposal. Return of the completed document is required. Modification of or additions to any portion of the solicitation may be cause for rejection of the proposal; however, RCPS reserves the right to decide, on a case-by-case basis, in its sole discretion, whether or not to reject such a proposal as non-responsive. Supplementary data and information which respond to inquiries, demonstrate qualifications and expertise, etc., may be attached to the proposal forms.

C. Precedence of Terms: Except for Paragraphs A and B of the General Terms and Conditions for Professional Services, which shall apply in all instances, in the event there is a conflict between the Generals Terms and Conditions for Professional Services and any Special Terms and Conditions used in a particular procurement, the Special Terms and Conditions shall apply.

D. Default: In case of failure to deliver the reports, documents or services in accordance with the contract terms and conditions, RCPS, after due oral and written notice, may procure from other sources and hold Contractor responsible for any resulting additional procurement and administrative costs. This remedy shall be in addition to any other remedies which RCPS may have.

E. Assignment of Contract: A contract shall not be assignable by the Contractor in whole or in part without the written consent of RCPS.

F. Antitrust: By entering into a contract, the Offeror conveys, sells, assigns, and transfers to RCPS all rights, title and interest in and to all causes of the action it may now 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 RCPS under said contract.

G. Ethics in Public Contracting: By submitting the proposal, all Offerors certify and warrant that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer, or subcontractor in connection with their proposal, 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, present or promised, unless consideration of substantially equal or greater value is exchanged.

H. Anti-Discrimination: By submitting their proposal, all Offerors certify to RCPS that they 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, and Section 11-51 of the Virginia Public Procurement Act which provides:

In every contract over $10,000, the provisions 1 and 2 below apply:

1. During the performance of this contract, the contractor agrees as follows:

• The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin 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.

• 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.

• 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.

2. The contractor will include the provisions of paragraphs 1, above, in every subcontract or purchase order over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

I. Debarment Status: By submitting a proposal, all Offerors certify that they are not currently debarred from submitting proposals on contracts by any agency of the Commonwealth of Virginia, nor are they an agent of any person or entity that is currently debarred from submitting proposals on contracts by any agency of the Commonwealth of Virginia.

J. Applicable Law and Courts: Any contract resulting from this solicitation shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The contractor shall comply with applicable federal, state and local laws and regulations.

K. Qualifications of Offerors: RCPS may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the work and the Offeror shall furnish to RCPS all such information and data for this purpose as may be requested. RCPS reserves the right to inspect Offeror’s physical plant prior to award to satisfy questions regarding the Offeror’s capabilities. RCPS further reserves the right to reject any proposal if the evidence submitted by, or investigations of such Offeror fails to satisfy RCPS that such Offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

L. Anti-Collusion Certification: By signing the proposal, the Offeror certifies that the proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. The Offeror understands that collusive bidding is a violation of the Virginia Governmental Frauds Act and Federal Law and can result in fines, prison sentences, and civil damage awards. The Offeror agrees to abide by all conditions of the proposal and certifies that the individual signing the proposal is authorized to do so.

M. Payment Terms: Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 day, however, the Offeror will work with RCPS to set a timeline at the point in time that the contract is funded. If the schedule cannot be achieved within the timeline agreed upon due to the fault of the vendor, RCPS may deduct 1% of the total costs per day until the project is complete.

N. Immigration Reform & Control Act of 1986: By submitting a proposal, Offerors certify that they do not and will not, during the performance of this contract, employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986.

IX. SPECIAL TERMS AND CONDITIONS:

A. Insurance:

1. Prior to the start of any work under the contract, the Contractor shall provide to RCPS Certificate of Insurance Forms approved by RCPS and maintain such insurance until the completion of all project orders issued under the contract. The minimum limits of liability shall be:

Workers’ Compensation-Standard Virginia Workers Compensation Policy

Broad Form Comprehensive General Liability --$1,000,000 Combined Single Limit coverage to include:

Premises-Operations; Products/Completed Operations; Contractual; Independent Contractors; RCPS and Contractor’s Protective; Personal Injury (Libel, Slander, Defamation of Character, etc.);

Automobile Liability-$1,000,000 Combined Single Limit

B. Audit: The Offeror agrees to retain all books, records, invoices and other documents relative to this contract for ten (10) years after the last date of provision of services in the term of the contract including any extension terms that are exercised by RCPS. RCPS shall have full access to and the right to examine any of said materials during said period.

C. Termination of Contract: RCPS reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver any outstanding orders issued prior to the effective date of cancellation.

D. Modification of Contract: RCPS may, upon mutual agreement with the Offeror, issue written modifications to the statement of need as a part of this contract, except that no modifications can be made which will result in an increase of the original project order contract price by $50,000 or a cumulative amount of more than 25%, whichever is greater, without the advance written approval of Dr. Daniel Lyons, Deputy Superintendent, or his designee. In making any modification, the resulting increase or decrease in cost for the modification shall be determined by one of the following methods as selected by RCPS in accordance with the requirements of the Virginia Public Procurement Act.

E. Ownership of Materials: Ownership of all data, materials, and documentation originated and prepared for the Roanoke City School Board pursuant to the proposal shall belong exclusively to the Roanoke City School Board and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by the Offeror shall not be subject to public disclosure under the Freedom of Information Act, unless otherwise required by law or a court; however, the Offeror must invoke the protection of Section 2.2-4332(F) of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must SPECIFICALLY identity the data or materials to be protected and state the reason why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary, or trade secrets, is NOT ACCEPTABLE and may result in REJECTION of the proposal.

F. Subcontracts: No portion of work shall be subcontracted without prior written consent of RCPS. In the event the Contractor desires to subcontract some or part of the work specified herein, the Contractor shall furnish RCPS the names, qualifications and experience of their proposed subcontractors. The Contractor shall, however, remain fully liable and responsible for the work done by the subcontractor(s) and shall assure compliance with all contract requirements.

G. Indemnification: The contractor agrees to be responsible for, indemnify, defend and hold harmless RCPS, its officers, agents and employees from the payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property damage that may happen to occur in connection with and during the performance of the contract, including but not limited to claims under the Workers' Compensation Act. The contractor agrees that it will, at all times, after the completion of the work, be responsible for, indemnify, defend and hold harmless RCPS, its officers, agents and employees from all liabilities resulting from bodily or mental injury or property damage directly or indirectly arising out of the performance or nonperformance of the contractor.

H. Proposal Acceptance Period: Any proposal resulting from this solicitation shall be valid for 90 days. At the end of the 90 days, the proposal may be withdrawn at the "written" request of the Offeror. If the proposal is not withdrawn at that time, it remains in effect until an award is made or the solicitation is canceled. Withdrawal of proposals due to error shall be in accordance with Section II-54 (ii), Code of Virginia.

I. Late proposals: To be considered for award, proposals must be received by Roanoke City Public Schools, Attention Eric Thornton, 40 Douglass Ave NW, Roanoke, VA 24012, by the designated opening date and hour. The official time used in the receipt of proposals is that time on the clock located in RCPS Purchasing Department. Proposals received after the designated opening date and hour are automatically disqualified and will not be considered. Roanoke City Public Schools is not responsible for delays in the delivery of mail by the U.S. Postal Service, private couriers, or another means of delivery. It is the sole responsibility of the Offeror to insure that its proposal reaches Roanoke City Public Schools Purchasing Department by the designated date and hour.

J. Debarment Status: By submitting a proposal, all Offerors certify that they are not currently debarred from submitting proposals on contracts by any agency of the Commonwealth of Virginia, nor are they an agent of any person or entity that is currently debarred from submitting proposals on contracts by any agency of the Commonwealth of Virginia.

K. Gifts by Offeror, Contractor or Subcontractor: No Offeror, contractor or subcontractor shall confer on any public employee having official responsibility for a 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 is exchanged.

L. Qualification of Offerors: Roanoke City Public Schools may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the work and the Offeror shall furnish to Roanoke City Public Schools all such information and data for this purpose as may be requested. Roanoke City Public Schools reserves the right to inspect Offeror’s physical plant prior to award to satisfy questions regarding the Offeror’s capabilities. Roanoke City Public Schools further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy Roanoke City Public Schools that such Offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

M. Availability of Funds: It is understood and agreed between the parties herein that RCPS shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

N. Contract Documents: The contract entered into by the parties shall consist of the Request for Proposal, any issued Addenda, the signed proposal submitted by the Contractor, Roanoke City Public Schools Standard Contract form, the General and Special Terms and Conditions, the Statement of Need including all modifications thereof, all of which shall be referred to collectively as the Contract Documents.

O. Rejection of Proposals: The Deputy Superintendent, on behalf of the School Board, reserves the right to reject any and all proposals.

P. Procedure for Protest: Any vendor submitting a proposal may protest the award or decision to award a contract by submitting a written protest to Dr. Daniel Lyons, Deputy Superintendent, SCHOOL BOARD of the CITY of ROANOKE no later than ten (10) days after the award or the announcement of the decision to award whichever occurs first. The written protest shall include the basis for the protest and the relief sought. (Section 2.2-4360, Code of Virginia).

Q. It shall be the Offeror’s responsibility to obtain any published addenda by checking our Web Site at: http://www.rcps.info/departments/administrative_departments/Purchasing_Department/bids__rfps__awards_and_cancellations/ for a copy of all addenda issued prior to the proposal due date. Because two or more addenda are sometimes issued, it is suggested that vendors check the Web Site frequently. Current RFPs and addenda are also listed on the Web Site.

R. Authorization to Conduct Business in Virginia: The attention of each Bidder/Offeror is directed to Virginia Code Section 2.2-4311.2 (effective July 1, 2010) which requires a bidder or Offeror organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia, as amended, or as otherwise required by law, shall include in its bid or proposal the Identification Number issued to such bidder or Offeror by the Virginia State Corporation Commission (SCC). Furthermore, any bidder or Offeror that is not required to be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder or Offeror is not required to be so authorized. Please complete the following by checking the appropriate line that applies and providing the requested information:

A. Bidder/Offeror is a Virginia business entity organized and authorized to transact business in Virginia by the SCC and such bidder’s/Offeror’s Identification Number issued to it by the SCC is _______________.

B. Bidder/Offeror is an out-of-state (foreign) business entity that is authorized to transact business in Virginia by the SCC and such bidder’s/Offeror’s Identification Number issued to it by the SCC is ___________________.

Bidder/Offeror does not have an Identification Number issued to it by the SCC and such bidder/Offeror is not required to be authorized to transact business in Virginia by the SCC for the following reason(s): ____________________________________________________________________________________________________________________________________________________________

Remainder of page intentionally blank.

X. ADDITIONAL FORMS

Trade Secrets/Proprietary Information

Trade Secrets or Proprietary information submitted by an Offeror, or contractor in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror or contractor must invoke the protections of this section prior to or upon submission of data or other materials to be protected and state the reasons why protection is necessary. Information leading to the decision to award, including prices and other factors, shall be made public.

Please mark one:

( ) No, the submittal I have turned in does not contain any trade secrets and/or proprietary information.

( ) Yes, the submittal I have turned in does contain trade secrets and/or proprietary information.

If YES, please list the page numbers and the reasons for why the information is considered a trade secret and/or proprietary information. Do Not Mark the Whole Proposal Proprietary.

Anti-Collusion Certification

The Offeror certifies that this proposal response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same product and that this proposal is in all respects bona fide, fair and not the result of any act of fraud or collusion with another person or firm engaged in the same line of business or commerce. The Offeror understands collusive bidding is a violation of Federal Law and that any false statement hereunder constitutes a felony and can result in fines, imprisonment, as well as civil damages. The Offeror also understands that failure to sign this statement will make the proposal non-responsive and unqualified for award.

Signed:

Date:

Name of Company:

MINORITY & WOMEN-OWNED BUSINESS ENTERPRISE CERTIFICATION

The Proposer should complete the following information:

Is Proposer a qualified minority or women-owned business enterprise (MBE/WBE)?

Yes: ________ No: ________. Regardless of response to this question, Bidder shall complete the following:

Will Bidder be using subcontractors? Yes: ________ No: ________

In conjunction with the desire of the School Board of the City of Roanoke, VA’s policy to utilize Minority and Women-Owned Business Enterprises wherever possible, the Bidder (Proposer) has solicited quotations for labor, material, and/or services from the following MBE/WBE: (Attach additional sheet if necessary.)

Type of Labor, Service

1. Name of Firm Person(s) Contacted or Material Quoted Date

___________ ________________ __________________ _______

___________ ________________ __________________ _______

2. Of those Listed above, we intend to utilize the following MBE/WBE in completion of the work required by this contract. (Attach additional sheet if necessary.)

Type of Labor, Service Amount of Contract

Name of Firm or Material Quoted Subcontract

___________ ________________ __________________

___________ ________________ __________________

The Bidder will utilize the indicated MBE/WBE firms in this project. If the Proposer determines not to use the indicated MBE/WBE, Bidder must notify the School Board and provide a valid non-discriminatory business reason for not employing the MBE/WBE.

3. If the MBE/WBE’s indicated in paragraph 1 will not be utilized, please state the reason for each firm. (Attach additional sheet if necessary.)

Name of Firm Results of Contact

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

4. If unable to contact MBE/WBE’s, please indicate efforts made: (Attach additional sheet if necessary.)

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

This firm has made a good faith effort to utilize MBE/WBE’s whenever possible.

Offeror: _____________________________________________________

(Firm)

______________________________________________________

(Address)

________________________ ________________________

(Telephone) (FAX)

______________________________________________________ ____________

(Ink Signature and title) (Date)

(Seal and attest Seal if Proposal is by Corporation)

Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and

...

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