Refrigerated Delivery of Prepared Breakfasts and Lunches During Summer and/or Other Periods

45
The School Board of Miami-Dade County, Florida
INVITATION TO BID
PROCUREMENT MANAGEMENT SERVICES
1450 NE 2nd Avenue, Ste. 650, Miami, Florida 33132
(ITB)
305-995-4288
Bidder Qualification Form
DUE DATE: Bids due on or before Thursday, July 9th, 2026, at ITB NO.: RELEASE DATE: PURCHASING AGENT:
1:00 p.m. Eastern Time (ET) via Euna OpenBids (formerly ITB-25-040-DF June 3rd, 2026 Doneal Ford
DemandStar). (305)955-2323
Email: dord@dadeschools.net
*PLEASE REFER TO ATTACHMENT 14 FOR
BID TITLE:
BID OPENING INFORMATION*
Check Addenda for any revised opening dates before submitting your
Refrigerated Delivery of Prepared Breakfasts and Lunches
bid. Bid(s) received after the date and time stated above shall not
During Summer and/or Other Periods
be considered for award. Hard copy, faxed and/or emailed bids are
not allowed and will not be considered for award.
SECTION 1 - BIDDER ACKNOWLEDGEMENT
THIS SECTION MUST BE COMPLETED IN ITS ENTIRETY INCLUDING THE SIGNATURE OF AN AUTHORIZED REPRESENTATIVE WHERE INDICATED BELOW AND
SUBMITTED WITH THE BID. FAILURE TO PROVIDE THIS DOCUMENT, WITH THE BID, WILL RESULT IN BID BEING CONSIDERED NON-RESPONSIVE.
Bidder's Name and state "Doing Business As", where applicable: "REMIT TO" ADDRESS FOR PAYMENT: If payment(s) is/are to be mailed
to address other than as stated on left, please complete section below.
Check this box if address is the same as stated on the left.
Address: P.O. Box:
City: City:
State: Zip Code: State: Zip Code:
Telephone Number: Sales Contact:
Sales E-Mail Address:
E-mail Address to Send Purchase Orders:
Federal Tax Identification Number:
A. I hereby certify that I am submitting the following information as my firm's (Bidder) bid
and I am authorized by Bidder to do so. Bidder agrees to complete an unconditional
acceptance of the contents of all pages in this Invitation to Bid (ITB), and all
appendices and the contents of any Addenda released hereto; Bidder agrees to be
bound to any and all specifications, terms and conditions contained in the ITB, and
any released Addenda and understand that the following are requirements of this ITB ________________________________________________________________
and failure to comply will result in disqualification of bid submitted; Bidder has not Signature of Authorized Representative (Manual)
divulged, discussed, or compared the bid with other Bidders and has not colluded with
any other Bidder or party to any other bid.
B. I certify that this bid is made without prior understanding, agreement, or connection
with any corporation, firm, or person submitting a bid for the same materials, supplies,
or equipment, and is in all respects fair and without collusion or fraud. I agree to abide ________________________________________________________________
by all conditions of this bid; and I certify that I am authorized to sign this bid for the Name of Authorized Representative (Typed or Printed)
bidder.
C. I certify that my Bidder satisfies all necessary legal requirements as an entity to do
business with The School Board of Miami-Dade County, Florida.
D. I certify agreement with the School Board of Miami-Dade County Business Code of ________________________________________________________________
Ethics and agree to comply with this Code and all applicable School Board contracting Title of Authorized Representative
and procurement policies and procedures.
E. I certify that neither I, my company, its principals, or any wholly owned subsidiary are
currently debarred or in default of any bid, purchase order, or contract with the School
Board or any other private or governmental entity.
________________________________________________________________
F. I agree that this bid cannot be withdrawn within 90 days from date due. E-Mail Address of Authorized Representative
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Revised March 2026 ITB-25-040-DF

SECTION 2 - TABLE OF CONTENTS
SECTIONS
1 Bidder Acknowledgement................................................... 1
2 Table of Contents.............................................................. 2
3 Calendar.......................................................................... 3
4 Instructions to Bidders......................................................... 4
5 Special Conditions.............................................................. 14
6 Scope of Work................................................................... 19
7 Bid Summary Excel Spreadsheet........................................... 27
8 Forms and Attachments........................................................ 28
Attachment 1 Cover Page
Attachment 2 Statement of "No Bid"
Attachment 3 Acknowledgement of Amendments
Attachment 4 Conflict of Interest
Attachment 5 Debarment (must be notarized)
Attachment 6 Instructions
Attachment 7 Bidder's Preference (must be notarized)
Attachment 8 Drug-Free Workplace (must be notarized)
Attachment 9 Local Business Affidavit of Eligibility (must be notarized)
Attachment 10 Anti-Collusion Statement
Attachment 11 Bidder Experience
Attachment 12 Submitted Bid Document Verification Form
Attachment 13 Florida Statutes on Public Entity Crimes (must be notarized)
Attachment 14 Bid Opening Instructions
Attachment 15 Registration Instructions for Euna OpenBids (formerly
DemandStar)
Attachment 16 Statement of Intent to Perform as a Certified Subcontractor/
Subconsultant
Attachment 17 Certification of Compliance 6465 - Commercial Anti-
Discrimination in Business Operations and Practices (must be
notarized)
Attachment 18 Foreign Country of Concern Attestation (PUR 1355)
Attachment 19 Vendor Affidavit Regarding the Use of Coercion for Labor and
Services
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Revised March 2026 ITB-25-040-DF

SECTION 3 - CALENDAR
ITB Release Date Wednesday, June 3, 2026
Pre-Bid Conference* Friday, June 12th, 2026, at 10:00am
Pre-Bid Conference Location Via Google Meet at:
Video call link: https://meet.google.com/gvd-ppgg-akk
Or dial: (US) +1 252-680-0060 PIN: 548 304 099#
More phone numbers: https://tel.meet/gvd-ppgg-
akk?pin=4725245538898
Deadline for Questions Friday, June 12th, 2026, at 5:00 p.m. ET
Bid Due Date/Time Thursday, July 9th, 2026, at 1:00 p.m. ET
Virtual Bid Opening Meeting: Tuesday, July 9th, 2026, at 2:00 p.m. ET
Bid Opening Location Via Google Meet at:
Meeting ID
meet.google.com/waw-ugae-vid
Phone Numbers
(US)+1 319-449-
2716
PIN: 479 372 469#
(See instructions on Attachment 14)
Projected Board Approval of Contract September 2026
Contact Person for this ITB: Doneal Ford
Email Address: dford@dadeschools.net
Telephone: (305) 995-2323
Fax: (305) 995-2307
*Pre-Bid Conference attendance is not required. In compliance with Florida Statutes, Chapter 119, commonly known as the
Florida Sunshine law this meeting will be recorded in its entirety.
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Revised March 2026 ITB-25-040-DF

SECTION 4 - INSTRUCTIONS TO BIDDERS
Board policies may be accessed at: http://www.dadeschools.net/schoolboard/rules/
CONE OF SILENCE C. Instructions to Bidders
The School Board of Miami-Dade County, Florida ("Board") enacts a Cone of Silence C. BID PROPOSAL FORM: Defines requirement of items to be
from issuance of a solicitation and shall terminate at the time when the agenda is purchased and must be completed and submitted. The Bidder
published for the upcoming School Board meeting, wherein the Superintendent: (1) should indicate his/her name in the appropriate space on each
recommends an award or approves a contract; (2) rejects all bids or responses; or (3) page.
takes any other action that ends the solicitation and review process.. All provisions of
School Board Policy 6325 apply. 1. ITEM SPECIFICATIONS: Describes technical, performance,
and packaging requirements for every bid line item. Specifying
A. "Cone of silence" means a prohibition on any communication regarding a a certain brand, make or manufacturer is to denote the quality,
particular Request for Proposals (RFP), bid, invitation to bid, or other type, and standard of the article desired. Articles offered must
competitive solicitation between: be new merchandise only, of equal or superior grade. On blank
lines provided, the Bidder is requested to insert the brand name,
1. any person who seeks an award, including a potential vendor or manufacturer's number and other information necessary to
vendor's representative, an employee, partner, director, or officer sufficiently identify article offered. Failure to do so may prevent
of a potential vendor, or consultant, lobbyist, or actual or potential consideration of the item. Also, refer to paragraph X. Packaging.
subcontractor or sub-consultant of a vendor, or any other individual
acting through or on behalf of any person seeking an award; and 2. PRICES are requested in units of quantity specified in the bid
specifications. In case of a discrepancy in computing the total
2. any School Board member or the member's staff, the amount of bid, UNIT PRICE quoted will govern. All prices bid
Superintendent, deputy superintendent and their respective shall include delivery F.O.B. destination, freight prepaid (Bidder
support staff, or any person appointed by the Board to evaluate or pays and freight charges. Bidder own goods in transit and files
recommend selection in the competitive procurement process. any claims) and shall include all cartage, drayage, packing, etc.,
delivered to and unloaded at the receiving station at the site
B. A cone of silence shall be applicable to each RFP, bid, invitation to bid, designated in bid and there received by the designated agent of
or other competitive solicitation during the solicitation, review, and the Board.
proposed Board action of bid proposals as appropriate. At the time of
issuance of the solicitation, the Superintendent shall provide public notice 3. TAXES: The Board does not pay Federal Excise and State
of the cone of silence and written notice, including electronic taxes on direct purchases of tangible personal property. The
communication, to the Board, District staff and any other person involved applicable tax exemption number is shown on the purchase
in the review, evaluation, recommendation, approval, rejection, or award order. This exemption does not apply to purchases of tangible
of the responses as appropriate. The Superintendent shall include in any personal property made by Bidder who use the tangible
advertisement and public solicitation for goods and services a statement personal property in the performance of contracts for the
disclosing the requirements of this section. improvement of Board-owned real property as defined in
Chapter 192 of the Florida Statutes.
C. For unsolicited public-private partnership proposals, the cone of silence
shall be in accordance with Policy 6327, Public-Private Partnerships and II. SUBMITTING OF BIDS
Unsolicited Proposals, Competitive Solicitations, and Direct Negotiations
Regarding Board-Owned Property and Resources. A. Bids must be submitted on forms furnished by the Board, in
compliance with the bid submission requirements set forth under
D. The cone of silence shall terminate at the time when the agenda is Section 5.4. Bid submissions must be clearly marked with bid
published for the upcoming School Board meeting, wherein the number, bid title and bid opening date.
Superintendent:
B. ERASURES OR CORRECTIONS: When filling out the bid proposal
1. Recommends an award or approves a contract; form, Bidders are required to complete bid proposal in ink.
2. Rejects all bids or responses; or
3. Takes any other action that ends the solicitation and review 1. Use of pencil is prohibited.
process. 2. All changes must be crossed out and initialed in ink.
I. PREPARATION OF BIDS Those bids for individual items that do not comply with items 1 and
2 above will be considered non-responsive for that item(s).
A. BIDDER QUALIFICATION FORM qualifies the Bidder and the bid
and must be completed and submitted as page 1 of the bid. C. PLACE, DATE AND HOUR: Electronic submission ONLY, in
accordance with the bid submittal requirements set forth under
1. PERFORMANCE SECURITY shall not be submitted with the Section 5.4 and Attachment 14. Bids received after the date and
bid. The form of performance security the Bidder will submit hour specified in the BIDDER QUALIFICATION FORM will not be
when required to do so, must be furnished and shall be made to considered.
The School Board of Miami-Dade County, Florida.
D. PUBLIC ENTITY CRIMES: Section 287.133(2)(a) Florida Statute,
2. BIDDER CERTIFICATION AND IDENTIFICATION: Bid must as currently enacted or as amended from time to time, states that
contain an original manual signature from an authorized a person or affiliate who has been placed on the convicted vendor
representative. An unsigned bid will be considered non- list following a conviction for a public entity crime may not submit a
responsive. bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the
B. INSTRUCTIONS TO BIDDERS: Defines conditions of the bid. construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be
1. ORDER OF PRECEDENCE: Any inconsistency in this bid shall awarded or perform work as a contractor, supplier, subcontractor,
be resolved by giving precedence in the following order: or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold
A. Specifications amount provided in Section 287.017, for CATEGORY TWO
B. Special Conditions
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Revised March 2026 ITB-25-040-DF

[currently $25,000] for a period of 36 months from the date of being
placed on the convicted vendor list. A. PRIOR TO BID OPENING: Should the Bidder desire to change or
withdraw his/her bid, he/she shall do so in writing. This
E. SUBMITTING A "NO BID": If not submitting a bid at this time, communication is to be received by the District Director, of
return the form entitled statement of "No Bid". Failure to respond, Procurement Management, Room 650, Perla Tabares Hantman
either by submitting a bid or the statement of "No Bid" form for three School Board Administration Building, prior to date and hour of bid
consecutive times, may result in the company being removed from opening. The Bidders name, the bid number, the bid title and the
the School Board's bid list. date the bid is due must appear on the envelope.
F. AVAILABILITY OF BID INFORMATION: Immediately following B. AFTER BID OPENING: After bids are opened, they may not be
the public opening, bids may be read, upon request, and then changed, nor withdrawn, for 90 days after the determined opening
compiled in a tabular form, a copy of which will be available for date, unless otherwise specified on the "BIDDER QUALIFICATION
examination in Procurement Management Services. FORM."
G. TYPE OF BUSINESS ORGANIZATION AND AUTHORITY OF V. PROTESTS
SIGNATORY: Indicate type of business organization: For example,
Partnership, Limited Partnership, Limited Liability Company, A Bidder, who wishes to file a bid protest, must file such notice and follow
Corporation, etc. If a bid is submitted by a corporation, provide procedures prescribed by F.S. 120.57(3) and Bylaw 0133, for resolution.
documentation that the corporation is active and authorized to do
business in the State of Florida, and that its corporate status shall Protest of Specifications
remain active and unchanged at the time of award of bid. As to
other types of business organizations, please provide any and all Any notice of protest of the specifications contained in an Invitation to Bid
documentation relating thereto, including without limitation, (ITB) or Request for Proposal (RFP) or Invitation to Negotiate (ITN) shall
verification that the party signing this Bid is fully authorized and be filed accordance with Board Rule 6320, Bylaw 0133 and/or F.S.
empowered to do so on behalf of Bidder. In addition, set forth 120.57.
name(s) and title of any and all parties who are authorized to
contract on behalf of Bidder. If Bidder is not registered to transact For a protest of the specifications contained in an Invitation to Bid (ITB)
business in the State of Florida, Bidder must provide a copy of or in a Request for Proposals (RFP) or Invitation to Negotiate (ITN), the
Bidder's current registration in their state of incorporation/ Notice of Protest shall be filed in writing within seventy-two (72) hours
organization, along with the applicable exemption to this after the posting of a solicitation. The Formal Written Protest shall be filed
requirement as set forth in Section 607.1501, Florida Statutes. within ten (10) calendar days after the date the notice of protest is filed.
Failure to file a Notice of Protest or failure to file a Formal Written Protest
H. MISSING INFORMATION. Respondents who do not meet all the shall constitute a waiver of proceedings under this rule. The Formal
documentation requirements for the ITB may be contacted to Written Protest shall state with particularity the facts and law upon which
submit the missing information within 2 business days. If the the protest is based. Saturdays, Sundays, and legal holidays shall be
District requests missing documentation and does not receive the excluded in the computation of the seventy-two (72) hour time period
documents within the stated deadline, incomplete or noncompliant provided by this paragraph.
bids may be disqualified.
Posting the Bond
III. CANCELLATION OF BIDS OR REQUEST FOR PROPOSALS
The protesting party shall post a bond in a form consistent with F.A.C.
An invitation for bids may be canceled, in whole or in part, as may be Rule 28-110.005(2). A notice of decision or intended decision shall
specified in the solicitation, when it is in the best interest of the Board. contain this statement: "Failure to file a protest within the time prescribed
The reasons shall be made a part of the master bid file. in F.S. 120.57(3), or failure to post the bond or other security required by
law within the time allowed for filing a bond shall constitute a waiver of
A. Prior to opening, a solicitation may be canceled in whole or in part, proceeding under F.S. Chapter 120."
prior to the date and hour specified in the Bidder Qualification Form
for receipt of bids, when the Chief Procurement Officer, A. Bond: Commodities (Other than Lease of Space) and Contractual
Procurement Management Services, determines in writing, that Services (Including Professional Services and Insurance) -
such action is in the best interest of the Board for reasons including, Pursuant to F.S. 287.042(2)(c), any person who files an action
but not limited to: protesting a decision or intended decision pertaining to a
solicitation or contract award shall post with the Board, at the time
1. The Board no longer requires the supplies, services, or of filing the formal written protest, a bond secured by an acceptable
construction; surety company in Florida, payable to The School Board of Miami-
2. The Board no longer can reasonably expect to fund the Dade County, Florida, in an amount equal to one percent (1%) of
procurement; the Board's estimate of the dollar value of the proposed contract.
3. A review of a valid protest filed by a Bidder as may be
determined by the administrative staff; or 1. The Board shall provide the estimated contract amount to the
4. Proposed amendments to the solicitation would be of such protestor within seventy-two (72) hours (excluding Saturdays,
magnitude that a new solicitation is desirable. Sundays, and holidays when the Board administrative office is
closed) after the filing of the Notice of Protest. The estimated
B. When a solicitation is canceled prior to opening, notice of contract amount is not subject to protest under this policy or F.S.
cancellation shall be posted on the Board's website. Any bids or 120.57(3). In lieu of a bond, the Board may accept a cashier's
proposals received for the canceled solicitation shall be returned to check or money order in the amount of the bond.
the Bidder unopened.
2. The bond shall be conditioned upon the payment of all costs and
The notice of cancellation shall: charges which may be levied against the protestor in the
administrative hearing in which the action is brought and in any
1. Identify the solicitation; subsequent appellate court proceeding.
2. Briefly explain the reason for cancellation; and
3. Where appropriate, explain that an opportunity will be given to 3. Pursuant to F.S. 287.042(2)(c), if, the Board prevails in the
compete on any future re-solicitation for procurements of similar administrative hearing process and any appellate court
supplies, services, or construction. proceedings, it shall be entitled to recover all costs and charges
which are included in the final order or judgment, excluding
IV. CHANGE OR WITHDRAWAL OF BIDS attorneys' fees. Upon payment of such costs and charges by the
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Revised March 2026 ITB-25-040-DF

person protesting the decision or intended decision or contract Parties interested in obtaining records related to any items noted in the
award, the bond, cashier's check, or money order shall be notice of intended action shall submit a public records request to the
returned to the protestor. If the protestor prevails, the protestor District at prr@dadeschools.net. Such public records requests shall be
may recover from the Board the costs and charges which are addressed in accordance with Chapter 119 of the Florida Statute. If a
included in the final order or judgment, excluding attorneys' public records request is related to an intent to protest, parties may wish
fees. to include a notation of such intent in their request.
B. Bond: Competitive Bids for Lease of Space -- Pursuant to F.S. The Formal Written Protest will be reviewed by Procurement
255.25(3)(c), any person who files an action protesting a decision Management Services, who will offer the protesting Bidder the
or intended decision pertaining to a competitive bid for space to be opportunity to meet and discuss the merits of the protest. If the protest is
leased by the Board shall post with the Board, at the time of filing not resolved, the matter may be referred for proceedings, pursuant to F.S.
the formal written protest, a bond payable to the Board in an 120.569 and 120.57. Petitions for hearing on protests pursuant to F.S.
amount equal to one percent (1%) of the estimated total rental of 120.569 and 120.57 must be filed in accordance with Board Bylaw 0133
the basic lease period or $5,000, whichever is greater. The bond on quasi-judicial proceedings.
shall be conditioned upon the payment of all costs which may be
levied against him/her in the administrative hearing in which the The "Notice of and/or formal written Protest" shall be filed with:
action is brought and in any subsequent appellate court
proceeding. If the Board prevails in the administrative hearing The Office of the School Board Clerk Miami-Dade County Public
process and any appellate court proceedings, it shall recover all Schools
costs and charges, which are included in the final order or 1450 N.E. Second Avenue, Suite #311 Miami, Florida 33132
judgment, excluding attorneys' fees. Upon payment of such costs Phone: (305) 995-1440
and charges by the person protesting the award, the bond shall be Fax: (305) 995-1448
returned to him/her. If the person protesting the award prevails, the E-Mail: Dllopiz@dadeschools.net
bond shall be returned to that person and she/he shall recover from celiarubio@dadeschools.net
the Board the costs and charges which are included in the final
order or judgment, excluding attorneys' fees. VI. AWARDS
C. Bond: Construction Purchasing - Construction purchasing is A. RESERVATION FOR REJECTION OR AWARD: The Board
separately governed by Board policy, and persons protesting reserves the right to reject any or all bids, to waive irregularities or
competitive procurement related to educational facilities shall be technicalities, and to request rebids. The Board reserves the right
required to post a bond in the amount specified in F.S. 255.0516, to award on an individual item basis, any combination of items, total
which also governs recovery of fees and costs including attorneys' low bid or, if an alternate bid is accepted, on such terms as are
fees. specified for the alternate bid, whichever manner is in the best
interest of the Board.
D. Staying the Procurement Process - Upon timely receipt of the
formal written protest petition, and posting of the bond, the The Board reserves the right to utilize other governmental
solicitation or contract award process shall be stayed until the contracts, if in the best interest of the Board.
protest is resolved by final agency action, unless the Board sets
forth, in writing, particular facts and circumstances which require B. NOTIFICATION OF INTENDED ACTION will be posted on the
the continuance of the solicitation or contract award process in Board's website no later than the Friday preceding a regularly
order to avoid an immediate and serious danger to the public scheduled Board meeting.
health, safety, and welfare.
C. OFFICIAL AWARD DATE: Awards become official upon the
Protest of Bid Award Board's formal approval of the award.
Any person who is adversely affected by the Board's decision or intended D. TERMINATION FOR CONVENIENCE: The Board reserves the
decision, shall file a Notice of Protest in writing with the Clerk of the Board, right to terminate this Agreement at any time and for any reason
who shall maintain an office in the Board Administration building, within upon giving thirty (30) days' notice to the other party. If said
seventy-two (72) hours after the posting of the Board's decision or Agreement should be terminated for convenience as provided
intended decision/action and shall file a Formal Written Protest within ten herein, the Board will be relieved of all obligations under said
(10) calendar days after filing the Notice of Protest. The protesting Bidder Agreement. The Board will only be required to pay that amount of
shall also be required to post a bond, consistent with this rule. Failure to the Agreement actually performed to the date of termination. Upon
file a Notice of Protest or failure to file a Formal Written Protest shall such payment, both parties shall be relieved of any further
constitute a waiver of proceedings under F.S. Chapter 120.57. The formal obligations under this Agreement.
written protest shall state with particularity the facts and law upon which
the protest is based. Saturdays, Sundays, and legal holidays shall be E. TERMINATION OF AGREEMENT: In addition to the above, the
excluded in the computation of the seventy-two (72) hour time period Board may terminate this Agreement upon thirty (30) days advance
provided by this paragraph. written notice to the Awarded Bidder, for default of Awarded Bidder,
or due to lack of, or cancellation of, grant funds made available to
The Board's notice of intended action shall be posted the Friday the Board by a Federal grantor agency. Upon receipt of a notice of
preceding the Board's Fiscal Accountability & Government Relations termination, the Awarded Bidder shall cease incurring additional
Committee meeting immediately prior to the Board meeting at which the obligations under this Agreement. However, the Board shall allow
contract will be awarded or approved. The notice of intended action can the Awarded Bidder to incur all necessary and proper costs, which
be found on the Procurement Management Services' website at: the Awarded Bidder cannot reasonably avoid during the termination
http://procurement.dadeschools.net/bidsol/asp/bid_portal.htm, under the process. Each payment obligation of the Board created by this
NOTICES section located on the top left hand side of the page. The Agreement is conditioned upon the availability of funds that are
Board's monthly Committee meetings are posted on the District's Master appropriate or allocated for the payment of services or goods. If
Calendar page, which can be accessed via the following link: such funds are not allocated and available, this Agreement may be
https://www3.dadeschools.net/Meetings/home. To find the Board terminated by the Board at the end of the period for which funds
Committee meeting for the current month, search under the "School are available. The Board shall notify the Awarded Bidder at the
Board and School Board Committee Meetings" category from the drop earliest possible time before such termination. No penalty shall
down menu, which can be found under the MEETINGS LISTING section accrue to the Board in the event this provision is exercised, and the
of the page. Board shall not be obligated or liable for any future payments due
or for any damages as a result of termination under this section.
Any individual or corporation or other entity that attempts to meet
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Revised March 2026 ITB-25-040-DF

its contractual obligations with the Board through fraud,
misrepresentation or material misstatement, shall have its B. BONDING COMPANY: Performance Bonds shall be written
Agreement with the Board terminated upon receiving notice of the through a reputable and responsible surety bond agency licensed
attempted fraud as determined by the Board. to do business in the State of Florida and with a surety company or
Notwithstanding Section 4 (VI) (E) hereinabove, if the Awarded corporation and shall be made to The School Board of Miami-Dade
Bidder fails to fulfill or comply with any of the terms of this County, Florida, meeting both of the following specifications:
Agreement, in whole or in part, the Board may, at the Board's sole
discretion, place the Awarded Bidder in default status and take any 1. Awards Greater than $500,000
of the following actions:
A minimum rating in the latest revision of Best's Insurance
Reports of:
(a) Provide the Awarded Bidder with fifteen (15) days from the
date of notice from the Board to cure the default. If the
Contract Amount Minimum Rating by A.M.
Awarded Bidder fails to cure the default within such time
Best
period or such other period of time as mutually agreed to in
writing by the parties, the Board may terminate the
$500,000.01 to $2,500,000 None
Agreement upon fifteen (15) days advance written notice.
$2,500,000.01 to B+ or NA-3
(b) Terminate the Contract for cause upon thirty (30) days
$5,000,000
advance written notice, as outlined in Section 4 (VI) (E)
No Minimum Class
hereinabove.
$5,000,000.01 to A- Class IV
(c) Terminate the Contract for cause immediately effective upon
$10,000,000
notice, whenever the Board determines that the Awarded
$10,000,000.01 or more A- Class V
Bidder has jeopardized the safety and welfare of the Board
or the public or whenever the fiscal integrity of the Contract
Current certificate of authority as acceptable surety on Federal
has been compromised.
Bonds in accordance with the latest edition of the United States
(d) Invoke any other remedy or remedies that may be legally
Treasury Department Circular 570 entitled "Companies Holding
available.
Certificates of Authority as Acceptable Sureties on Federal
Bonds and as Acceptable Reinsuring Companies" shall be
Upon receipt of a notice of termination, the Awarded Bidder shall
accepted for an amount not exceeding the underwriting
cease incurring additional obligations under this Contract.
limitation thereon.
In the event of termination for default, which may include, but is not
2. Awards of $500,000 or Less
limited to poor performance and/or non-performance, the matter
may be brought before the Contractor Disciplinary Review
Bonds shall be written with a surety company or corporation
Committee which may recommend disbarment or suspension
meeting the qualifications as set forth in Paragraph VII.B. above
pursuant to Board Policy 6320.04.
or the qualifications set forth in section 287.0935, Florida
Statutes.
F. PURCHASE ORDERS sent to Awarded Bidders are the official
notification to deliver materials described therein; and the time
C. AMOUNT: When required as defined herein, the firm or
allowed for delivery begins with the date of the purchase order. In
individual(s) to whom an award has been made shall execute and
the event that the Awarded Bidder fails to deliver the materials in
deliver to The School Board of Miami-Dade County, Florida, a
accordance with the terms and conditions of the bid and purchase
Performance Bond, Cashier's/Certified Check, or equal.
order, the Bidder shall be considered to be in default of the
Agreement and subject to the default provisions stated in Section
1. Awards less than $200,000 shall be exempt from performance
VI. G.
security.
2. Performance security shall not be required, unless otherwise
G. DEFAULT: A Bidder who fails to perform according to the terms of
defined in the bid specifications. If performance security is
the Agreement (bid) shall be considered in default. In the event of
required, it shall equal 100% of the award amount.
default, which may include, but is not limited to poor performance
and/or non-performance, the Contractor Disciplinary Review
D. RELEASE OF PERFORMANCE SECURITY: Return to the
Committee may recommend disbarment or suspension pursuant to
Awarded Bidder of his/her cash security, or notification to the
Board Policy 6320.04.
Awarded Bidder and the bonding company to cancel the
performance bond, will be made when all goods/services have
H. BID DOCUMENTS: The intent of the bid documents is to include
been accepted and invoices have been approved for payment.
only the written requirements for materials, equipment, systems,
standards and workmanship necessary for the proper execution
VIII. SAMPLES TESTING AND EVALUATION
and completion of the work by the Bidder. The bid documents shall
not be construed to create an entitlement to any other scope of
In order to be considered for award, brands bid "As Equal" or "Equivalent"
work except as specified herein.
to the specified brands need to be tested/evaluated to determine
compliance with bid specifications.
I. DEBARMENT: Pursuant to Board Policy 6320.04 Contractor
Debarment Procedures - Debarred contractors are excluded from
When bid samples are required, the Board will notify Bidder to submit
conducting business with the Board as agents, representatives,
samples of the items bid in accordance with the following procedures:
partners, and associates of other contractors, subcontractors or
individual sureties.
A. All samples must be identified with the Bidder's name, bid number,
item number, and manufacturer's product name and number. When
J. IDENTICAL PRICES: When identical prices are received from two
non-compliance with this requirement is noted, said item may be
or more Bidders and all other factors are equal, priority for award
considered as being unidentifiable and may not be eligible for
shall be given to the vendor that has preference for businesses
consideration in the award recommendation.
implementing a drug-free workplace in accordance with School
Board Policy 6320.
B. Samples, product technical specification sheets and all required
supporting documentation, are to be delivered to the Materials
VII. PERFORMANCE SECURITY (FOR SUCCESSFUL BIDDERS ONLY)
Testing and Evaluation Department within 48 hours of request from
the Miami-Dade County Public Schools ("M-DCPS") Procurement
A. PURPOSE: A performance bond or check may be required to
Management Services department between 8:30 a.m. and 3:00
guarantee performance.
p.m. Monday through Friday, unless otherwise stated in the
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Special Conditions of the bid. If the Bidder does not submit samples With the consent and agreement of the Awarded Bidder(s), purchases
and associated documents by the indicated date and time, the bid may be made under this bid by Miami-Dade County, Florida, and other
submitted for that item will not be considered for award. governmental agencies or political subdivisions within the State of
Florida. Such purchases shall be governed by the same terms and
C. The Materials Testing and Evaluation Department is located at: conditions stated herein. This agreement in no way restricts or interferes
with the right of any State of Florida Agency or political subdivision to
MIAMI-DADE COUNTY PUBLIC SCHOOLS rebid any or all of these items.
MATERIALS TESTING AND EVALUATION
7040 West Flagler Street XII. RECYCLING REQUIREMENTS
Miami, Florida 33144
Telephone Number: 786-275-0780 Board supports recycling and recommends the use of recycled products
where possible upon notification by the Board. Bidders are requested to
Board will not be responsible for samples sent to a location other submit a letter, along with their bid, indicating whether each item bid
than the location mentioned in the bid. and/or its packaging contains pre-consumer or post-consumer waste, and
if the product and/or packaging may be recycled.
D. Bidder must obtain, from Materials Testing and Evaluation, a
signed receipt acknowledging delivery of samples. Bidder shall XIII. ENVIRONMENTAL PRODUCTS
include a self-addressed, stamped envelope for return of sample
receipt when submitting samples by mail or delivery service. The Board encourages the use of environmentally safe products.
Bidder will receive the original copy of the receipt and the duplicate
copy will remain with the Board receiving department as the file XIV. DELIVERY AND BILLING
copy. Bidder shall be solely responsible for delivery of samples and
for retaining sample delivery receipts, which must be presented in A. DELIVERY: Saturdays, Sundays, and holidays excepted,
any dispute regarding receipt of bid samples. deliveries shall be made as follows: Schools and Departments -
8:00 A.M. to 3:00 P.M. Merchandise shall be unloaded at the
E. PAYMENT FOR SAMPLES: The Board will buy no samples and receiving station of the designated delivery point and received there
will assume no cost incidental thereto. by a designated agent of the Board. A delivery ticket, or one copy
of the invoice, prepared as indicated below, shall accompany each
F. RETURN OF SAMPLES: Samples not destroyed in testing may be delivery.
claimed by unsuccessful bidders 14 days after bid award date and
by Awarded Bidders 14 days after final payment; but the Board will B. RECEIVING INSPECTION AND TESTING: Delivered items which
assume no responsibility for samples not claimed within the time do not fulfill all requirements will be rejected. Rejected items shall
specified, and it will pay for no samples damaged in testing. No be removed and replaced promptly by the Bidder, at no cost to the
perishable samples submitted for testing and evaluation will be Board.
returned.
C. INVOICES: Each invoice shall be issued by the Awarded Bidder
G. TESTING AND EVALUATION RESULTS: The Materials Testing and shall be submitted in DUPLICATE to the Accounts Payable
and Evaluation Department will report to the Board the bid Section, P.O. Box 01-2570, Miami, Florida 33101. Invoice delivery
specification compliance evaluation results corresponding to may also be via a PDF or WORD document email to:
submitted samples of brands bid "As Equal" or "Equivalent" to the mdcpsvendorsstatements@dadeschools.net. To be considered for
listed specified brands. payment, each invoice must show the following information, which
appears on the Purchase Order:
IX. SUBSTITUTIONS
1. Purchase Order Number
Should the Bidder find it necessary to use a material, equipment, product 2. Item Descriptions
or system other than specified, the Bidder shall secure from the Board, 3. Quantities and Units
through Procurement Management Services, written approval for the use 4. Price Extensions
of the alternate materials, equipment, product or system. The Board is not 5. Total price of all items on invoice
obligated to approve requests for substitutions and has the discretion to
require the Bidder to provide the materials as specified in the bid D. PAYMENT: Unless otherwise specified by Board, payment will be
documents. In no case shall the Bidder be entitled to additional time made only after delivery, authorized inspection, and acceptance.
and/or money arising out of the Board's failure to approve requests for Payment will be made only to the Awarded Bidder, unless
substitutions. otherwise requested, in writing, by the Awarded Bidder and
accepted by Board Administration. The Bidder expressly agrees
X. PACKAGING that it will properly invoice for any goods or services within one year
and that the failure to do so shall constitute a waiver of any right to
A. If packaging is different from that specified, the Bidder must note payment.
the manner and amounts in which packaging is to be made;
otherwise the Awarded Bidder shall furnish packaging as specified. XV. NO GRATUITY POLICY
All packaging, wrapping and bundling shall be adequate to ensure
that materials will be received in undamaged condition. The Board It is the policy of Procurement Management Services not to accept gifts,
assumes no responsibility for damages of any kind incurred in gratuities, or favors of any kind, or of any value whatsoever, from vendors,
transit. members of their staffs, or families.
B. The following identification shall be printed, stenciled or legibly XVI. COMPLIANCE WITH STATE/FEDERAL REGULATIONS
written in a conspicuous location on each shipping container:
A. All Agreements involving federal funds will contain certain
1. Bid Number and/or Purchase Order Number provisions required by applicable sections of CFR 34, Part 80.36(I)
2. Bidder's Name and/or Trademark and Part 85.510, Florida Statute 257.36, or Florida Administrative
3. Name(s) of Item(s) Contained Code Chapter 1B and Appendix II 2 CFR 200. The Bidder certifies
4. Item Number (s) With Quantity(ies) by signing the bid that the Bidder and his/her principals are not
presently debarred, suspended, proposed for debarment, declared
XI. PURCHASES BY OTHER PUBLIC AGENCIES ineligible or voluntarily excluded from participation in federally
funded transactions and may, in certain instances, be required to
provide a separate written certification to this effect.
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Bidders shall comply with all federal, State of Florida and local laws
B. By signing the bid, the Bidder shall comply with all applicable laws, applicable to it and the performance of its obligations under this bid.
ordinances, codes, rules and regulations of federal, state and local
governments, if required, for performance of any work under this XVIII. BACKGROUND SCREENING REQUIREMENTS
Bid. Bidders awarded contracts involving Federal Funds and are
cost reimbursable must be in compliance with 7 CFR 210.21. In accordance with the requirements of Sections, 1012.465, 1012.32, and
Bidders awarded contracts involving Federal Funds must be in 1012.467, Florida Statutes, School Board Policies 6320 and 8475 as
compliance with the Energy and Policy Conservation Act (42 USC amended from time to time Bidder agrees that, if Bidder receives
6201). Bidders awarded contracts involving the employment of remuneration for services, Bidder and all of its employees who provide or
mechanics, laborers, or construction work must be in compliance may provide services under this Agreement will complete criminal history
with 40 USC Chapter 37. Bidder attests it is not owned by the checks, and all background screening requirements, including level 2
government of a Foreign Country of Concern, and the government screening requirements as outlined in the above-referenced statutes and
of a Foreign Country of Concern does not have a Controlling School Board Policies prior to providing services to the School Board of
Interest in the entity. Bidders awarded contracts involving Federal Miami-Dade County.
Funds must be in compliance with the prohibition on certain
telecommunications and video surveillance services or equipment Additionally, Bidder agrees that each of its employees, representatives,
(2 CFR 200.216). Bidders awarded contracts involving Federal agents, subcontractors or suppliers who are permitted access on school
Funds must be in compliance with procurement of recovered grounds when students are present, who have direct contact with
materials (2 CFR 200.323). Bidders awarded contracts involving students or who have access to or control of school funds must meet level
Federal Funds must be in compliance with domestic preferences 2 screening requirements as described in the above-referenced statues,
for procurements (2 CFR 200.322). Bidders awarded contracts and School Board Policies.
involving Federal Funds must be in compliance with Executive
Order 11246 of September 24, 1965 entitled "Equal Employment Pursuant to the 2007 amendments to the JLA enacted by the Florida
Opportunity," as amended by Executive Order 11375 of October Legislature, requirements for certain fingerprinting and criminal history
13, 1967, and as supplemented in Department of Labor checks shall be inapplicable to non-instructional contracted personnel
Regulations (41 CFR Chapter 60). who qualify for exemption from level 2 screening requirements as
provided under 1012.468, Fla. Stat. (2007). In addition, the provisions of
C. During the term of any Agreement with the Board, in the event of 1012.467, Fla. Stat. (2007) are incorporated herein by reference, and
debarment, suspension, proposed debarment, declared ineligible any provisions of this section that may be inconsistent with, contrary to,
or voluntarily excluded from participation in federally funded or determined to be in conflict with 1012.467, will be superseded by said
transactions, the Bidder shall immediately notify the Chief statute.
Procurement Officer, Procurement Management Services, in
writing. Bidders will also be required to provide access to records, A noninstructional contractor who is exempt from the screening
which are directly pertinent to the Agreement and retain all required requirements set forth in 1012.465, 1012.468 or 1012.467, Florida
records for three years after the Board, makes final payment. Statutes, is subject to a search of his or her name or other identifying
information against the registration information regarding sexual
D. For all contracts involving Federal funds in excess of $10,000, the predators and sexual offenders maintained by the Department of Law
Board reserves the right to terminate the contract for cause, as well Enforcement under 943.043 and the national sex offender public
as for convenience, by issuing a certified notice to the Bidder. registry maintained by the United States Department of Justice. Bidder
will not be charged for this search. Further, upon obtaining clearance by
E. CERTIFY REGISTRATION AND USE OF EMPLOYMENT Board, if Board deems necessary, Board will issue a Florida Public
"STATUS VERIFICATION SYSTEM": The Status Verification Schools Contractor Badge which shall be worn by the individual at all
System, also referred to as "E-verify", only applies to construction times while on Board property when students are present.
and Professional Service Contracts using federal funds.
Bidder agrees to bear any and all costs associated with acquiring the
STATUS VERIFICATION SYSTEM required background screening - including any costs associated with
fingerprinting and obtaining the required photo identification badge.
1. Each Bidder and each person signing on behalf of any Bidder Bidder agrees to require all its affected employees to sign a statement,
certifies as to its own entity, under penalty of perjury, that the as a condition of employment with Bidder in relation to performance under
named Bidder has registered and is participating in the Status this Bid/RFP, agreeing that the employee will abide by the heretofore
Verification System to verify the work eligibility status of the described background screening requirements, and also agreeing that
contractor's new employees that are employed in the State of the employee will notify the Contractor/Employer of any arrest(s) or
Florida in accordance with Executive Order 13465. conviction(s) of any offense enumerated in School Board Policies 6320
and 8475 within 48 hours of its occurrence. Bidder agrees to provide the
2. The Bidder shall require that the following provision be placed Board with a list of all of its employees who have completed background
in each subcontract at every tier: "The subcontractor shall certify screening as required by the above-referenced statutes and who meet
to the main (prime or general) contractor by affidavit that the the statutory requirements contained therein. Bidder agrees that it has
subcontractor has verified through the Status Verification an ongoing duty to maintain and update these lists as new employees are
System the employment status of each new employee of the hired and in the event that any previously screened employee fails to
respective subcontractor, all in accordance with and to comply meet the statutory standards. Bidder further agrees to notify the Board
with all applicable employee status verification laws. Such immediately upon becoming aware that one of its employees who were
affidavit must be provided prior to the notice to proceed for the previously certified as completing the background check and meeting the
subcontractor to perform the work." statutory standards is subsequently arrested or convicted of any
disqualifying offense. Failure by Bidder to notify the Board of such arrest
3. The Board will not consider a proposal for award, nor will it make or conviction within 48 hours of being put on notice and within 5 business
any award where there has not been compliance with this days of the occurrence of qualifying arrest or conviction, shall constitute
Section. a material breach of the Agreement entitling the Board to terminate this
Agreement immediately with no further responsibility to make payment or
4. Manually or electronically signing the Proposal is deemed the perform any other duties under this Agreement.
Bidder's certification of compliance with all provisions of this
employment status verification certification required by all XIX. COMPLIANCE WITH SCHOOL CODE
applicable status verification laws.
Bidder agrees to comply with all sections of the Florida K-20 Education
XVII. COMPLIANCE WITH LAWS Code, Title XLVIII, Florida Statutes as it presently exists, and further as it
may be amended from time to time. Further Bidder agrees that failure to
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