Rancho Santa Fe School District
REQUEST FOR BID NO. CB2015-1
CHROMEBOOKS
P.O. Box 809
Rancho Santa Fe, CA 92067
Bid Administrator: Roya Saadat
Phone: 858-756-1141 ext. 118
Fax: 858-759-0912
rsaadat@rsf.k12.ca.us
REQUEST FOR BID DUE DATE: 2:00 P.M., September 1st, 2015
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TABLE OF CONTENTS
Notice Calling for Bids .................................................................................................... 3
Instructions to Vendors .................................................................................................... 4
Tentative Bid Schedule ........................................................................................ 4
* Bid Form ..................................................................................................................... 17
*Information Required of Vendors ..................................................................................... 20
*Non-Collusion Declaration ............................................................................................... 23
*Certificate of Worker’s Compensation.............................................................................. 24
*Contract (Return Two Copies) ....................................................................................... 25
*Certification Drug Free Workplace ................................................................................... 27
*Bid Response Form ......................................................................................................... 28
*W-9 Form ........................................................................................................................ 28
*These documents marked with (*) are to be returned with the Bid response package at time of Bid
opening. Failure to include these documents could result in the bid being declared as nonresponsive and non-responsible.
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NOTICE CALLING FOR BIDS
NOTICE IS HEREBY GIVEN that Rancho Santa Fe School District of San Diego County,
California, hereinafter referred to as The District, will receive up to, but not later than 2:00 p.m.
on September 1st , 2015, sealed bids for the award of a contract(s) for:
Bid # CB2015-1
CHROMEBOOKS
Each bid shall be submitted on a form obtained at the Business Office of said District. Bids
may be mailed via U.S. mail to: PO Box 809, Rancho Santa Fe, CA 92067 or delivered Fed
Ex, UPS, or other courier to 5927 La Granada, Rancho Santa Fe, CA 92067. Bids not
received in the Business Department by the specified date and time will be returned unopened. It
is the sole responsibility of the bidder to see that his bid is received in proper time at the
address noted herein. Bids will not be read at the time of opening; however, a bid abstract will
be made available within 72 hours of the bid opening.
Each bid must conform and be responsive to this invitation, the Information for Bidders, the
Specifications, and all other documents comprising the pertinent Contract Documents. Copies of
the Contract Documents are now on file and may be obtained in the office of Roya SaadatDirector of Finance at the above address or online at (http://rsfschool.net under the District
menu).
The contract will be awarded to the lowest responsive, responsible bidder based on the criteria
noted in the bid. Rancho Santa Fe School District reserves the right to reject any or all bids, to
accept or reject any one or more items of a bid or to waive any irregularities or informalities in
the bids or in the bidding.
No bidder may withdraw his bid for a period of sixty (60) days after the date set for the opening
of bids.
In the event of identical bids, the Governing Board may determine by lot which bid shall be
accepted per Public Contract Code 20117.
Publication:
Advertising dates:
San Diego Union Tribune
August 18th, 2015 & August 25th, 2015
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INSTRUCTIONS TO VENDORS
SCOPE OF REQUEST FOR BIDS
The scope of the Contract is as described in the specifications Attachment A. Vendor shall
provide all of the required related services as required within the RFB document in accordance
with all the terms, conditions and specifications specified herein.
AVAILABILITY OF CONTRACT DOCUMENTS
Prospective vendors may obtain one (1) complete set of Contract Documents at no cost.
Contract Documents may be obtained from Rancho Santa Fe School District at the location(s)
and at the time(s) indicated in the Notice Inviting Bids. Prospective vendors are encouraged to
telephone in advance to obtain hard copy Contract Documents. Any applicable charges for the
Contract Documents are outlined in the Notice Inviting Bids. Prospective vendors are also
encouraged to verify all dates in advance.
TENTATIVE BID SCHEDULE
Release RFB documents / First Advertisement
Second Advertisement
Final date for receipt of questions
Responses to all questions timely received distributed
Responses to RFB Due
Bid Opening
August 18th, 2015
August 25th, 2015
2:00PM August 27th, 2015
August 31st, 2015
2:00PM September 1st,
2015
Immediately following
EXAMINATION OF CONTRACT DOCUMENTS
Rancho Santa Fe School District has made copies of the Contract Documents available, as
indicated above. Vendors shall be solely responsible for examining the Contract Documents,
including any Addenda issued during the quoting period, and for informing itself with respect to
required certifications, insurance, and other factors that could affect the bid. The Vendors shall
be responsible for verification of all quantities and products desired prior to completing work.
Vendors are responsible for consulting the standards referenced in the Contract. Failure of
Vendor to so examine and inform itself shall be at its sole risk, and no relief for error or omission
will be given except as required under State law.
Only substantive items, as determined by the District, will be addressed in the form of written
addenda. Failure of any Proposer to review any such addendum or interpretation shall not
relieve the Proposer from any obligations under their Bid submitted. All addendums so issued
shall become part of the contract documents. The District may elect to not respond to all
inquiries in this manner.
PREPARATION OF BID FORM
Rancho Santa Fe School District invites Bids on the attached Bid Response Form to be
submitted at such time and place as is stated in the Notice Inviting Bids. All blanks in the bid
form must be appropriately filled in. All prices must be stated in both words and figures where
so indicated. Where there is a conflict in the words and figures, the words shall govern. Prices,
wording and notations must be in ink or typewritten. Erasures or other changes shall be noted
over by signature of the vendor. It is the sole responsibility of the vendor to see that his bid is
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received in proper time. All Bids received after the scheduled closing time for receipt of Bids will
be returned to the vendor unopened.
Propose each item separately. Prices must be stated in units specified herein or trade
standard. Each item must be considered separately and not in combination with other items
unless otherwise specified on Bid Response Form by Rancho Santa Fe School District. In case
of error, unit prices will govern and extensions will be corrected. Vendors must bid all items in
the specified lots. Failure to bid all items in the specified lots will be grounds for bid rejection.
Vendor must insert only one unit price for each item on the Bid Response Form, unless form
directs otherwise. Additional unit prices inserted for any one item will not be considered unless
alternate Bids are specifically requested.
SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents have been completed and signed as set forth herein,
they shall be placed, along with the required materials in an envelope, sealed, addressed and
delivered or mailed, postage prepaid to Rancho Santa Fe School District at the place and to the
attention of the person indicated in the Notice Inviting Bids. No oral or telephonic Bids will be
considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic
means will be considered. The envelope shall also contain the following in the lower left-hand
corner thereof:
Bid of
(Vendor’s Name)
for Bid No. RFQ # CB2015-1 – CHROMEBOOKS
ATTENTION: Roya Saadat- Director of Finance
SIGNATURE
The bid must be signed in the name of the vendor and must bear the signature in longhand of
the person or persons duly authorized to sign the bid on behalf of the vendor. All signatures are
to be in ink.
Each bid must give the full business address of the vendor and must be signed by the vendor
with his or her usual signature. Bids by partnerships must furnish the full names of all partners
and must be signed in the partnership name by a general partner with authority to bind the
partnership in such matters. Bids by corporations must be signed with the legal name of the
corporation, followed by the signature and designation of the president, secretary, or other
person authorized to bind the corporation in this matter. The name of each person signing shall
also be typed or printed below the signature. When requested by Rancho Santa Fe School
District, satisfactory evidence of the authority of the officer signing on behalf of the corporation
shall be furnished. A vendor’s failure to properly sign required forms may result in rejection of
the bid.
EXECUTION OF CONTRACT
The form of agreement, which the successful vendor, as vendor, will be required to execute, is
included in the contract documents and should be carefully examined by the vendor. All
vendors must sign and return two (2) original counterparts of the Agreement / Contract with the
bid response package at the time of the bid opening. It is not necessary to return the entire set
of bid documents and instructions.
The vendor should return one set of all other required
documents as listed in the Table of Contents and on the Bid Form. The complete contract
consists of the documents listed in the Table of Contents, including all modifications thereof duly
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incorporated therein. All of the documents are intended to cooperate and be complementary so
that any instructions or requirements called for in one and not mentioned in the other, or vice
versa, are to be executed the same as if mentioned in all said documents. The intention of the
documents is to include all labor, materials, equipment, transportation and services necessary
for the financing of all items called for in the Contract. Failure to return the required documents
at time of bid opening could result in the bid being declared as non-responsive.
FORFEITURE FOR FAILURE TO EXECUTE CONTRACT DOCUMENTS
The successful Vendor agent shall, within 48 hours after notice by Rancho Santa Fe School
District, sign and deliver to Rancho Santa Fe School District all certificates of insurance and
other required documents listed in Bid Form. All insurance required under this Agreement shall
be provided by a surety admitted to transact business in the State of California.
In the event the Vendor to whom an award is made fails or refuses to so deliver such required
documents, Rancho Santa Fe School District may award the services to the next responsible
Vendor, or may reject all Bids and call for new Bids.
MODIFICATIONS
Changes in or additions to the bid form, recapitulations of the work bid upon, alternative bids, or
any other modification of the bid form which is not specifically called for in the Contract
Documents may result in Rancho Santa Fe School District’s rejection of the bid as not being
responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be
considered. Bids may be rejected if they show any alteration in form, are incomplete, or contain
irregularities of any kind.
ERASURES/MUTILATION OF BID DOCUMENTS
The bid submitted must not contain any erasures, interlineations, or other corrections unless
each such correction is suitably authenticated by affixing in the margin immediately opposite the
correction the surname or surnames of the person or persons signing the bid.
Vendors should not deface or mutilate the bid documents to the extent that they may not be
usable for purchasing purposes.
WITHDRAWAL OF BIDS
Any vendor may withdraw his bid only by written request, or by telegraphic request, confirmed in
the manner specified above at any time prior to the scheduled closing time for receipt of Bids.
Any request to withdraw a bid shall be so worded so as not to reveal the amount of the original
bid. Withdrawn Bids may be resubmitted until the scheduled time for receipt of Bids, so long as
the resubmitted Bids are in full conformance with the Contract Documents. After the scheduled
closing time for receipt of Bids, a vendor may not withdraw its bid until the expiration of sixty
(60) calendar days, after which time a bid may be withdrawn only in writing and in advance of
actual award of the Contract.
INTERPRETATION OF PLANS AND DOCUMENTS
If any person contemplating submitting a bid for the proposed Contract is in doubt as to the true
meaning of any part of the specifications, or other Contract Documents, or finds discrepancies
in, or omissions from the specifications, that person may submit to the Bid Administrator, a
written request for an interpretation or correction thereof by the deadline noted in the bid
schedule. Such submittal may be submitted to the e-mail address listed in the Notice Inviting
Bids. Subject Line should use the following format “BID NO. RFQ _________:
CHROMEBOOKS: Question /Clarification”. The person submitting the request will be
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responsible for its prompt delivery.
ADDENDA
Rancho Santa Fe School District reserves the right to revise the Contract Documents prior to
the bid opening date. Revisions, if any, shall be made by written Addenda. All addenda issued
by Rancho Santa Fe School District shall be included in the bid and made part of the Contract
Documents. Pursuant to Public Contract Code Section 4104.5, if Rancho Santa Fe School
District issues an Addendum which includes material changes to the Project less than 72 hours
prior to the deadline for submission of Bids, Rancho Santa Fe School District may extend the
deadline for submission of Bids. Rancho Santa Fe School District may determine, in its sole
discretion, whether an Addendum warrants postponement of the bid submission date. Each
prospective vendor shall provide Rancho Santa Fe School District a name, address, e-mail
address, and facsimile number to which Addenda may be sent, as well as a telephone number
by which Rancho Santa Fe School District can contact the vendor. Copies of Addenda will be
furnished by facsimile, first class mail, express mail or other proper means of delivery without
charge to all parties who have obtained a copy of the Contract Documents and provided such
current information. Please Note: Vendors are responsible for ensuring that they have received
any and all Addenda. To this end, each vendor should contact the Bid Administrator to verify
that he has received all Addenda issued, if any, prior to the bid opening.
QUESTIONS PERTAINING TO THIS BID
Questions pertaining to the bid specifications should be addressed to:
Roya Saadat, Bid Administrator
(858) 756-1141 ext. 118
(858) 759-0912
e-mail: rsaadat@rsf.k12.ca.us
Proposers may make written inquiries concerning this RFB to obtain clarification of the
requirements. Inquiries must also be submitted no later than 3:00 PM on the date specified in
the Tentative Schedule of Events. Questions received by this deadline, and corresponding
answers, will be distributed to all vendors. Transmission and confirmation of receipt of questions
is the responsibility of the Proposer(s). Requests for verbal or telephone clarification will be
declined and will be non-binding.
VENDORS INTERESTED IN MORE THAN ONE BID
No person, firm, or corporation shall be allowed to make, or file, or be interested in more than
one bid for the same work unless alternate Bids are specifically called for. A person, firm, or
corporation that has submitted a sub-bid to a vendor, or that has bid prices of materials to a
vendor, is not thereby disqualified from submitting a sub-bid or quoting prices to other vendors
or making a prime bid.
ASSIGNMENT OF CONTRACT
No assignment by the vendor of any contract to be entered into hereunder or any part thereof,
or of funds to be received thereunder by the vendor, will be recognized by Rancho Santa Fe
School District unless such assignment has had the prior approval of Rancho Santa Fe School
District, and the surety has been given due notice of such assignment in writing and has
consented thereto in writing.
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AWARD OF CONTRACT
Contract award shall be made to the lowest responsive, responsible vendor(s) that meets the
terms and conditions set forth in the bid and contract documents. Pursuant to Section 20118.1
of the Public Contract Code, the Rancho Santa Fe School District reserves the right to award to
the lowest responsible vendor by line item or lot or reject all Requests for Bids.
Rancho Santa Fe School District reserves the right to reject any or all Bids or to waive any
irregularities or informalities in any Bids or in the quoting process, and to judge the merit and
qualifications of the vendor and of the services offered.
ALTERNATES
If alternate Bids are called for, the contract may be awarded at the election of the director of
finance to the lowest responsible vendor on the base bid, or on the base bid and any alternate
or combination of alternates in priority based on Rancho Santa Fe School District's needs and
available funds.
RIGHT TO TERMINATE CONTRACT
It is mutually agreed and understood that the Rancho Santa Fe School District may terminate
this contract without cause by giving a 30-day written notice.
QUANTITY OF ITEMS TO PURCHASE
The Rancho Santa Fe School District reserves the right at any time during the contract period to
add or delete the number of pieces of equipment to be purchased.
It is understood that
Rancho Santa Fe School District may accelerate or delay the number of units to purchase in
any given period. The Bid Response Form should reflect any difference in pricing or rates
which may occur for a change in the quantity of items. It is understood by the Vendor that the
quantities given in the Bid Response Form are not guaranteed by Rancho Santa Fe School
District and are used solely for the purpose of comparing Bids and awarding the Contract, and
may or may not represent the quantities actually purchased, and that the sum of the products of
the quantities in the bid, multiplied by the unit price bid, shall constitute the gross sum bid upon
which the lowest bid shall be determined.
This is a Requirements Contract and as such, Rancho Santa Fe School District may purchase
all, none, more or some of the quantities listed on the Bid Response Form. All work will be
performed by Vendor(s) upon issuance of a Rancho Santa Fe School District purchase order.
USE BY OTHER PUBLIC AGENCIES (PIGGYBACK):
The Vendor agrees to allow the Rancho Santa Fe School District to authorize other public
agencies and school districts in the State of California to purchase the proposed items by
issuance of a purchase order at the same terms and conditions as this bid, and to make
payments directly to the vendor during the period of time that this bid is in effect pursuant to
Public Contract Code Sections 20118, 20652.
PREVIOUS PERFORMANCE
Vendors are advised that Rancho Santa Fe School District reserves the right to reject a bid from
a vendor or representative that cannot demonstrate the ability to provide the services required.
Vendors are subject to providing verification that they have been in the business as required for
compliance with the requirements of this invitation for Bids, for at least five (5) years.
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Past service and delivery performance are factors in the determination of award against this bid.
Vendor’s past performance practices and service to Rancho Santa Fe School District will be
examined. Vendors who have demonstrated unsatisfactory performance will be subject to
disqualification as a responsible vendor, thereby disqualifying the vendor from contract award.
WORKERS COMPENSATION
In accordance with the provisions of section 3700 of the Labor Code, Contractor shall secure
the payment of compensation to his employees. Contractor shall sign and file with Rancho
Santa Fe School District the following certificate prior to performing the work under this contract:
“I am aware of the provisions of section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake
self-insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.”
The form of such certificate is included as part of the contract documents and must be returned
at time of bid opening.
INSURANCE AND INDEMNIFICATION
Successful vendor shall maintain during the life of this contract a Comprehensive Liability
Insurance policy with an insurance carrier with no less than an A-7 rating, unless agreed to by
San Diego County Superintendent of Schools (Rancho Santa Fe School District). The
insurance will serve to protect the successful vendor and San Diego County Superintendent of
Schools from all claims for personal injury, including accidental death, as well as from all claims
of property damage arising from the operations under this contract. The minimum amounts of
such insurance shall be as hereinafter set forth.
Contractor shall procure in the name of the Rancho Santa Fe School District and maintain and
shall require all subcontractors, if any, whether primary or secondary, to procure and maintain:
Commercial General Liability, Property Damage and Automobile Insurance which
provides limits of not less than:
a. Per occurrence (combined single limit)
$1,000.000.00
b. Project Specific Aggregate (for this project only)
$1,000,000.00
c. Products/Completed Operations
$1,000,000.00
d. Personal & Advertising Injury Limit
$1,000,000.00
Additional Insurance Endorsement: The successful vendor shall furnish a certificate of
insurance reflecting the above requirements, and shall name the Rancho Santa Fe School
District as additional insured by endorsement to the policies.
Any general liability policy provided by contractor hereunder shall contain an endorsement which
applies its coverage to the Rancho Santa Fe School District, members of its board of
education, and its officers, agents, employees, and its volunteers, the architect, and the architect's
consultants, individually and collectively, as additional insured’s.
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The Vendor shall not commence work under this contract until he has obtained all required
insurance hereunder and certificates evidencing such insurance have been delivered to, and
accepted by, Rancho Santa Fe School District. All insurance required under this Agreement
shall be provided by a surety admitted to transact business in the State of California.
(1) As specified below, the Vendor shall maintain, or cause to be maintained, such
insurance as will protect him and Rancho Santa Fe School District from claims
for damages for personal injury, including death, and damage to property, which
may arise from operations under this contract, whether such operations are by
himself or by anyone directly employed by him.
(2) The Vendor agrees to save harmless and to indemnify Rancho Santa Fe School
District from every claim or demand which may be made by reason of:
(a) Any injury to person or property sustained by the Vendor or by any
person, firm, or corporation, employed directly or indirectly by him upon or in
connection with his product, however caused; and
(b) Any injury to person or property sustained by any person, firm, or
corporation, caused by any act, neglect, default, or omission of the Vendor or
any other person, firm or corporation, directly, or indirectly employed by him
upon or in connection with his work, whether the said injury or damage occurs
upon or adjacent to the work; the Vendor at his own cost, expense and risk,
shall defend any and all actions, suits, or other legal proceedings that may be
brought or instituted against Rancho Santa Fe School District on any such
claim or demand, and pay or satisfy the judgment that may be rendered against
Rancho Santa Fe School District in any such action, suit or legal proceedings
or result thereof.
(c) Vendor shall defend, indemnify, protect and hold Rancho Santa Fe School
District and its agents, officers and employees harmless from and against any
and all claims asserted or liability established for damages or injuries to any
person or property which arise from or are connected with or are causes or
claimed to be caused by Vendor’s failure to comply with all of the requirements
contained in Education Code section 45125.1, including, but not limited to, the
requirement prohibiting Vendor from using employees who may have contact
with pupils who have been convicted or have charges pending for a felony as
defined in Education Code 45122.1.
(3) Certificates of Insurance:
(a) Certificates shall be filed with Rancho Santa Fe School District’s
Purchasing/Contracts Supervisor.
(b) Certificates shall have included the following clauses:
“This policy shall not be canceled or reduced in required limits of liability or
amounts of insurance until notice has been mailed to the Purchasing/Contracts
Supervisor, Rancho Santa Fe School District stating the date of cancellation or
reduction. The date of cancellation or reduction may not be less than 15 days
after the date of mailing the notice.”
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REQUIRED CERTIFICATIONS
Vendors, for all projects involving state funds, are required to submit the “Drug-Free Workplace
Certification” included in this package.
This certification must be submitted with the bid
response form at time of bid opening.
TOLL FREE TELEPHONE NUMBER
Vendors outside the San Diego County area must provide a toll-free telephone number of the
bid form. Acceptance of collect calls is not an acceptable alternative. Failure to provide a tollfree telephone number on the bid form by vendors outside the San Diego County area may
result in the entire bid to be considered non-responsive and rejected.
ANTI-DISCRIMINATION
It is the policy of Rancho Santa Fe School District that in connection with all work performed
under contracts, there be no discrimination against any prospective or active employees
engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age
or marital status. The successful vendor agrees to comply with applicable Federal and
California laws including, but not limited to, the California Fair Employment Practice Act,
beginning with Government Code 12900, and Labor Code 1735. In addition, the successful
vendor agrees to require like compliance by any subcontractors employed on the work by him.
ETHICS IN QUOTING
Rancho Santa Fe School District expects the vendors to maintain high ethical standards in
engaging in the competitive quoting process. The bid amount of one vendor should not be
divulged to another before the award of the subcontract or order, nor should it be used by
vendors to secure a lower bid from another vendor on that project (bid shopping). Suppliers
should not request information for the vendor regarding any sub-bid in order to submit a lower
bid on that project (bid peddling). Rancho Santa Fe School District will consider any vendor
found to be engaging in such practices to be a non-responsible vendor and may reject its bid on
that ground.
VENDOR IS NOT AN OFFICER, EMPLOYEE OR AGENT
The relationship between the Vendor and Rancho Santa Fe School District is a contractual
relationship. It is not intended in any way to create a legal agency or employment relationship.
The Vendor shall, at all times, maintain its status as an independent Vendor and both parties
acknowledge that neither is an agent, partner or employee of the other for any purpose.
FILING OF BID PROTESTS
Vendors may file a “protest” of a Bid with Rancho Santa Fe School District’s
Purchasing/Contracts Supervisor. In order for a Vendor’s protest to be considered valid, the
protest must:
A.
Be filed in writing within five (5) business days after bid opening;
B.
Clearly identify the specific irregularity or accusation;
C.
Clearly identify the specific Rancho Santa Fe School District staff determination
or recommendation being protested;
D.
Specify, in detail, the grounds of the protest and the facts supporting the protest
based on the provisions of the Public Contract Code; and
E.
Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid.
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If the protest is valid, Rancho Santa Fe School District’s Bid Administrator, or other designated
Rancho Santa Fe School District staff member, shall review the basis of the protest and all
relevant information. The Purchasing/Contracts Supervisor, or designee, will provide a written
decision to the protestor. The protestor may then appeal the decision of the supervisor or
designee to Rancho Santa Fe School District’s Superintendent.
EXCUSE FOR NONPERFORMANCE--FORCE MAJEURE CLAUSE
The Vendor shall be excused from performance hereunder during the time and to the extent that
it is prevented from obtaining, delivering or performing in the customary manner by act of God,
fire, strike, partial or total interruption of, loss or shortage of transportation facilities, lockout,
commandeering of raw materials, products, plants, or facilities by the government, when
satisfactory evidence thereof is presented to the other party providing it is satisfactorily
established that the nonperformance is not due to the fault or negligence of the party not
performing.
All loss or damage arising from any unforeseen obstacle or difficulties which may be
encountered in the prosecution of the work, or from any action of the elements, or from any act
or omission not authorized by these specifications, on the part of the Vendor, or any agent or
person employed by said Vendor, shall be sustained by the Vendor.
DEFAULT
If the Vendor refuses or fails to perform all or any part of its obligations hereunder, or fails to
perform all or any part of its obligations in a timely manner, or if the Vendor should be adjudged
as bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a
receiver should be appointed on account of his insolvency, or if he or any of his sub-Vendors
should violate any of the provisions of this contract, Rancho Santa Fe School District may serve
written notice upon him and his surety of its intention to terminate this contract, such notice to
contain the reasons for such intention to terminate this contract, and unless within ten (10) days
after the serving of such notice, such violation(s) shall cease and arrangements satisfactory to
Rancho Santa Fe School District for the correction thereof shall have been made, this contract
shall, upon the expiration of said ten (10) days, cease and terminate.
PREVAILING LAW
In the event of any conflict or ambiguity between a) the Instructions to Vendors, General
Conditions, Specifications, Contract, or any other document forming a part of this invitation for
Bids, and b) state or federal law or regulations, the latter shall prevail. Additionally, all services
to be performed under the bid shall conform to all applicable requirements of local, state and
federal law.
GOVERNING LAW AND VENUE
In the event of litigation, the bid documents, specifications and related matters shall be
governed by and construed in accordance with the laws of the State of California. Venue shall
be with the appropriate state or federal court located in San Diego County.
PURCHASE ORDERS
All amounts to be purchased or work done pursuant to this bid shall be as approved and
directed by Rancho Santa Fe School District in writing. Rancho Santa Fe School District shall
prepare a written purchase order for each portion of the order at the time Rancho Santa Fe
School District is prepared to proceed with the order.
Purchase orders may be placed
telephonically and/or via facsimile.
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INVOICING
Awarded vendors must mail all invoices, in duplicate, directly to Rancho Santa Fe School
District’s Accounts Payable Department, P.O. Box 809, Rancho Santa Fe, CA 92067. The
invoice must show the following information: Dollar value of financing to be reimbursed to
vendor.
PAYMENT TERMS
Payment terms are net 30 days from receipt of invoice.
CONFLICT OF INTEREST
By its signature hereunder, Vendor certifies that no Rancho Santa Fe School District employee,
administrator, Governing Board member, officer or agent whose position in Rancho Santa Fe
School District’s service enable him/her to influence any award of the bid or any competing bid
and no Rancho Santa Fe School District employee, spouse or economic dependent of such
employee, officer or agent, shall have any direct financial interest in any transaction resulting
from this request of bid. If such conflict exists, the Vendor will notify Rancho Santa Fe School
District in writing immediately.
CONTACT WITH RANCHO SANTA FE SCHOOL DISTRICT PERSONNEL
At no time prior to Rancho Santa Fe School District’s notice of contract award, shall the Vendor
contact any Rancho Santa Fe School District representative, Governing Board member,
employee, officer, agent, or personnel working on behalf of Rancho Santa Fe School District for
the purpose of gaining an unfair advantage or influencing the quoting process. Any contact by
a Vendor with a Rancho Santa Fe School District representative or employee, except those as
designated above, may be deemed as an inappropriate contact. Such contact could subject the
Vendor to disqualification from the bid award process.
GRATUITIES
Rancho Santa Fe School District policy precludes employees from accepting any gratuities from
Vendors. Rebates or any other commission or discount must be issued to Rancho Santa Fe
School District.
EVIDENCE OF RESPONSIBILITY
Upon the request of Rancho Santa Fe School District, a vendor whose bid is under
consideration for the award of the contract shall submit promptly to Rancho Santa Fe School
District satisfactory evidence showing the vendor's financial resources, his construction
experience in the type of work being required by Rancho Santa Fe School District, and his
organization available for the performance of the contract and any other required evidence of
the vendor's qualifications to perform the proposed contract. Rancho Santa Fe School District
may consider such evidence before making its decision awarding the proposed contract.
Failure to submit requested evidence of a vendor's responsibility to perform the proposed
contract may result in rejection of the bid.
TOBACCO-FREE FACILITIES CLAUSE
The San Diego County Superintendent of Schools/ County Office of Education is a tobacco-free
facility. Tobacco use (smoked or smokeless) is prohibited at all times in all areas of Rancho
Santa Fe School District property.
REFERENCES
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All Vendors are required to provide a minimum of three (3) references as part of the bid
submittal package for similar goods or services. Failure to provide such, or to receive favorable
responses will cause the bid to be rejected as non-responsive.
ATTORNEYS' FEES
If suit is brought by either party to this Contract to enforce any of its terms (including all
component parts of the contract documents), and Rancho Santa Fe School District prevails in
such suit, the Vendor shall pay all litigation expenses incurred by Rancho Santa Fe School
District, including attorneys' fees, court costs, expert witness fees and investigation expenses.
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BID FORM
NAME OF VENDOR:
The undersigned, hereby declare that we have carefully examined the proposed services, and
have read and examined the Contract Documents, including all plans, specifications, and all
addenda, if any, for the following Project:
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We hereby propose to furnish all services, and to discharge all duties and obligations necessary
and required to perform and complete the Project as listed on the Bid Response Form.
In case of discrepancy between the unit price and the item cost set forth for a unit basis item,
the unit price shall prevail and, shall be utilized as the basis for determining the lowest
responsive, responsible Vendor. However, if the amount set forth as a unit price is ambiguous,
unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the
“Price Per Unit” column, then the amount set forth in the “Price Per Unit” column for the item
shall prevail and shall be divided by the estimated quantity for the item and the price thus
obtained shall be the unit price. Final payment shall be determined by Rancho Santa Fe School
District Representative from measured quantities of work performed based upon the unit price.
The undersigned agrees that this Bid Form constitutes a firm offer to Rancho Santa Fe School
District which cannot be withdrawn for the number of calendar days indicated in the Notice
Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by
Rancho Santa Fe School District and a third party, whichever is earlier.
The Contract duration shall commence on the date stated in Rancho Santa Fe School District’s
Purchase Order, and shall be completed by the Vendor in the time specified in the Contract
Documents. In no case shall the Vendor commence implementation prior to the date stated in
Rancho Santa Fe School District’s Purchase Order.
The undersigned acknowledges receipt, understanding and full consideration of the following
addenda to the Contract Documents.
Addenda No. _______________________
Addenda No. _______________________
Addenda No. _______________________
The following documents are attached to this Bid and must be returned with the Bid Response
Form at time of Bid opening. Failure to include these documents at time of Bid opening could
result in the Bid being declared non-responsive and non-responsible:
o
o
o
o
o
o
o
Non-Collusion Declaration Form
Bid Form
Bid Response Form
Drug Free Workplace Certification
Certificate Regarding Workers Compensation
Fully executed contract (2 copies)
References AND Vendor Information Form
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Other documents to be submitted with this Bid or within forty eight (48) hours after notification of
recommended Bid award:
o
o
o
Insurance Certifications as required
Insurance policy endorsement naming Rancho Santa Fe School District as additional
insured.
Proof of Workers Compensation insurance coverage
IMPORTANT NOTICE: If Vendor or other interested person is a corporation, state legal name
of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if
Vendor or other interested person is an individual, state first and last names in full.)
DOCUMENT SHALL BEAR THE CORPORATE SEAL.
If Vendor is a partnership, the true name of the firm shall be set forth above together with the
signature of the partner or partners authorized to sign contracts on behalf of the partnership;
and if Vendor is an individual, his signature shall be placed above.
If mutually agreeable, the Rancho Santa Fe School District reserves the right to consider the
extension of this contract for a one- or two-year period as permitted by law. In the award of this
bid renewal, the District will consider the amount of the price increase stated by the bidder as a
factor and will compute accordingly. A price increase, if exercised, shall be fully justified by
vendor and proved by a test of the market and/or submission of documents.
Should your Company be awarded one or more Bid line items, indicate below who is to function
as your Company’s listed contact person:
Contact’s Name:
Contact’s e-mail:
Contact’s Phone #:
Contact’s Fax #:
, extension:
Fill in the following address, if this address should be used as the delivery address for Purchase
Orders
Address:
City/State/Zip:
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Bidder to indicate in space provided if it would accept option to renew for the following periods
and at what percentage:
Dates
Yes
No
09/01/15-06/30/16
_______
_______
07/01/16-06/30/17
_______
_______
The undersigned hereby proposes and agrees to furnish, and deliver the goods and services in
accordance with the terms, conditions, specifications and prices herein quoted.
I_________________, the ______________________ of the Vendor, hereby certify under
penalty of perjury under the laws of the State of California, that all of the information submitted
by the Vendor in connection with this Bid and all of the representations made herein are true
and correct.
Executed on this __________day of ______________ at _________________ County,
California
Corporate Seal
(if a corporation)
__________________________________________________
Proper name of Individual, Company or Corporation
__________________________________________________
Authorized Signature
__________________________________________________
Type or Print Signer's Name
__________________________________________________
Title
__________________________________________________
Address
__________________________________________________
Telephone
__________________________________________________
Date
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INFORMATION REQUIRED OF VENDORS
VENDOR REFERENCES AND RESPONSIBILITY INFORMATION
NOTE: The term “Vendor” refers to the company submitting the Bid.
1.
The Rancho Santa Fe School District expressly reserves the right to reject the Bid of any
Vendor who, upon investigation, has been determined to fail to complete similar contracts
in a timely fashion or in a satisfactory manner. Such rejection would, if applicable, be
based upon the principle that the Vendor is “non-responsible” and poses a substantial risk
of being unable to complete the work in a cost-effective, professional and timely manner.
2.
In performing the above-described responsibility determination, the Rancho Santa Fe
School District reserves the right to utilize all possible sources of information in making its
determination, including but not limited to: inquiries to regulatory State Boards and
agencies; Dun and Bradstreet credit reports, inquiries to companies and public entities for
which the Vendor has previously performed work, reference checks and examination of all
public records.
3.
The Vendor must provide the following information:
a.
Firm Name and Address:
______________________________________________
______________________________________________
______________________________________________
b.
Telephone: ________________________
c.
Type of Firm:
Individual
Partnership
Corporation
____
____
____
d.
Names and titles of all officers of the firm:
e.
Number of years as a Vendor (Company) in project of this type: ________.
(Minimum of five [5] years required.)
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4.
The Vendor must also demonstrate knowledge of providing products for a public agency.
This knowledge and ability shall be shown by furnishing the names, current phone
numbers, and address, points of contract and scope of work of at least three (3) customers
served within the past three (3) years with requirements similar to the needs of the
Rancho Santa Fe School District.
5.
FAILURE TO FURNISH THE REFERENCES (IN THE COMPLETE FORMAT REQUIRED)
MAY CAUSE YOUR BID TO BE REJECTED AS NON-RESPONSIVE.
EXAMPLE: Your references should be listed in the following format (facts are example only)
(a) Work for X Y Z Unified school district or county office of education
(b) Phone # (222) 123-4567
(c) 999 Holly Drive, L.A., CA 92000
(d) Contact: J.Q. Jones III at above #
(e) Provided services similar to those described in this Request for Bids.
Reference #1:
Phone #:
Address:
Name of Contact:
Scope of Work & $ Amount:
Reference #2
Phone #:
Address:
Name of Contact:
Scope of Work & $ Amount:
Reference #3
Phone #:
Address:
Name of Contact:
Scope of Work & $ Amount:
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6.
The names of all persons interested in the foregoing bid as principals are as follows:
_______________________________________________________________________
_______________________________________________________________________
Additional Vendor’s Statements:
If the Vendor feels that there is additional information which has not been included in the
questionnaire above, and which would contribute to the qualification review, it may add
that information in a statement here or on an attached sheet, appropriately marked:
_
___
____________
The individual signing this Agreement warrants that he or she has the full authority of the entity
on behalf of which his or her signature is made.
I______________________________, the ______________________ of the Vendor, hereby
certify under penalty of perjury under the laws of the State of California, that all of the
information submitted by the Vendor in connection with this Bid and all of the representations
made herein are true and correct.
Name: ________________________________________________
Title:
________________________________________________
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NON-COLLUSION DECLARATION
(To be executed by Vendor and submitted with Bid)
State of California
)
) ss.
)
County of
I,
, being first duly sworn, deposes and says that he is
________ __________ of _______________________ the party making the attached Bid; that
the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the Bid is genuine and not collusive or
sham; that the Vendor has not directly or indirectly induced or solicited any other Vendor to put
in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed
with any Vendor or anyone else to put in a sham Bid, or that anyone shall refrain from Quoting;
that the Vendor has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the Bid price of the Vendor or any other
Vendor, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other
Vendor, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the Bid are true; and,
further, that the Vendor has not, directly or indirectly, submitted his or her Bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company association,
organization, Bid depository, or to any member or agent thereof to effectuate a collusive or
sham Bid.
I certify (or declare) under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this
California.
day of
, 20__ at
Signature of Vendor
Print Name and Title
Subscribed and sworn to before me this
day of
, 20__
Notary Public In and for said County and State
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VENDOR’S CERTIFICATE REGARDING
WORKERS’ COMPENSATION
Labor Code section 3700 in relevant part provides:
Every employer except the State shall secure the payment of compensation in
one or more of the following ways:
(a)
By being insured against liability to pay compensation in one or more
insurers duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations a certificate of consent
to self-insure, which may be given upon furnishing proof satisfactory to the
Director of Industrial Relations of ability to self-insure and to pay any
compensation that may become due to his employees.
“I am aware of the provisions of section 3700 of the Labor Code which require every employer
to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.”
Name
Title
Company
(In accordance with article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the
Labor Code, the above certificate must be signed and filed with the awarding body prior to
performing any work under this contract.)
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CONTRACT
This Agreement is entered into this ___ day of _______, 2015, by and between the Rancho Santa
Fe School District (District), a public organization, organized and operating pursuant to California
law, and ___________________________________ (“Vendor”).
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WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other, as follows:
SCOPE OF WORK
Vendor shall provide all items as per the submitted pricing in response to and in compliance with all
terms in the bid documents incorporated herein by reference.
TERMINATION FOR BREACH
If said Vendor fails or neglects to supply or deliver any of said services at the prices named and at
the times and places above stated, the Rancho Santa Fe School District may, without further notice
or demand, cancel and rescind this contract or may purchase said services elsewhere, and hold said
Vendor responsible and liable for all damages which may be sustained thereby, or on account of the
failure or neglect of said Vendor in performing any of the terms and conditions of this contract; it
being specifically provided and agreed that time shall be the essence of this agreement.
The foregoing provisions are in addition to and not in limitation of any other rights or remedies
available to the Rancho Santa Fe School District.
RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF
The Rancho Santa Fe School District may withhold a sufficient amount or amounts of any payment
otherwise due to the Vendor, as in its judgment may be necessary to cover defects not remedied,
and the Rancho Santa Fe School District may apply such withheld amount or amounts to the
payment of such claims, in its discretion.
EXTRA AND/OR ADDITIONAL SPECIFICATIONS AND CHANGES
Should the Rancho Santa Fe School District at any time during the performance of the Contract,
request any alterations, deviations, additions, or omissions from the Specifications or other Contract
Documents, it shall be at liberty to do so, and the same shall in no way affect or make void the
Contract, but the cost will be added to or deducted from the amount of said Contract price, as the
case may be, by a fair and reasonable valuation.
The estimated cost of a proposed change shall be established in one or more of the following
methods:
a)
By an acceptable lump sum bid from the Vendor
b)
By unit prices agreed upon by the Rancho Santa Fe School District and the
Vendor
No change shall be made in any specification of any item under the Contract unless a written
statement setting forth the object of the change, its character, amount, and the expense thereof is
first submitted to the Rancho Santa Fe School District and written consent thereto obtained.
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ATTORNEYS' FEES
If suit is brought by either party to this Contract to enforce any of its terms (including all component
parts of the contract documents), and the Rancho Santa Fe School District prevails in such suit, the
Vendor shall pay all litigation expenses incurred by the Rancho Santa Fe School District, including
attorneys' fees, court costs, expert witness fees and investigation expenses.
INSURANCE PERMITS AND LICENSES REQUIRED OF THE VENDOR
The Vendor shall maintain insurance as described in the Instructions to Vendors.
The Vendor and all of its employees or agents shall secure and maintain in force such licenses and
permits as are required by law, in connection with the furnishing of materials, articles, or services
covered under this Contract. All operations and materials shall be in accordance with the law.
DEFENSE AND INDEMNITY
The Rancho Santa Fe School District shall not be liable for, and Vendor shall defend and indemnify
the Rancho Santa Fe School District and its officers, agents, employees and volunteers (“Collective
Parties”) against any and all claims, deductibles, self-insured retentions, demands, liability,
judgments, awards, fines and mechanics’ liens or other liens, labor disputes.
Losses, damages,
expenses charges or costs of any kind or character, including attorneys’ fees and courts costs
(hereinafter referred to as “Claims”), which arise out of or are in any way connected to the work
covered by the Contract arising either directly or indirectly from any act, error, omission or
negligence of Vendor, its officers, employees, agent, Vendors, licensees, or servants, including
without limitation, claims caused by the concurrent negligent act, error or omission, whether active or
passive parties. Vendor shall have no obligation, however, to defend or indemnify Rancho Santa
Fe School District parties from a claim if it is determined by a court of competent jurisdiction that
such claim was caused by the sole negligence or willful misconduct of Parties.
COMPONENT PARTS OF THE CONTRACT
The “Contract Documents” include the following:
Notice Calling for Bids
Information to Vendors
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation
Information Required of Vendors
Non-Collusion Declaration
Contract
Certification of Drug Free Workplace
Bid Response Form
IN WITNESS WHEREOF, the San Diego County Superintendent of Schools has caused this
instrument to be duly subscribed by the designated agent, and the Vendor has caused this
instrument to be duly subscribed and executed, all on the date first hereinbefore set forth.
VENDOR:
RANCHO SANTA FE SCHOOL DISTRICT:
_____________________________
By _______
By __________________________
Title
Title _________________________
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(Corporate Seal)
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DRUG-FREE WORKPLACE CERTIFICATION
This Drug-Free Workplace Certification form is part of the Contract made by and between the San
Diego County Superintendent of Schools (hereinafter referred to as the "Rancho Santa Fe School District")
and ______________________________________ (hereinafter referred to as the "Vendor") for the
_____________________________________________ Project (hereinafter referred to as the "Project"). This
form is required from all successful Vendors pursuant to the Drug-Free Workplace Act of 1990 (Government
Code Section 8350 et seq.) The Drug-Free Workplace Act of 1990 requires that every person or organization
awarded a contract or grant for procurement of any property or service from any State agency must certify that
it will provide a drug-free workplace by doing certain specified acts. It addition, the Act provides that each
contract or grant awarded by a State agency may be subject to suspension of payments or termination, and
the Vendor or grantee may be subject to debarment from future contracting, if the contracting agency
determines that specified acts have occurred.
Pursuant to Government Code Section 8355, every person or organization awarded a contract or
grant from a State agency shall certify that it will provide a drug-free workplace by doing all of the following:
1.
Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited in their workplace and specifying
actions which will be taken against employees for violations of the prohibition;
2.
Establishing a drug-free awareness program to inform employees about all of the following:
 The dangers of drug abuse in the workplace;
 The person’s or organization’s policy of maintaining a drug-free workplace;
 The availability of drug counseling, rehabilitation and employee-assistance programs; and
 The penalties that may be imposed upon employees for drug abuse violations.
3.
Requiring that each employee engaged in the performance of the contract or grant be given a
copy of the statement required by subdivision "A," and that, as a condition of employment on the contract or
grant, the employee agrees to aBide by the terms of the statement.
I, the undersigned, agree to fulfill the terms and requirements of the Drug-Free Workplace Act as it
now exists or may hereinafter be amended. Particularly, I shall aBide by Government Code Section 8355
when performing the Contract for the Project by: Publishing a statement notifying employees concerning the
prohibition of controlled substance at my workplace; Establishing a drug-free awareness program; and
Requiring that each employee engaged in the performance of the contract be given a copy of the statement
required by Section 8355(a) and agree to aBide by the terms of that statement.
I also understand that if the Rancho Santa Fe School District determines that I have either: (a) made a
false certification herein; or (b) violated this certification by failing to carry out the requirements of Section
8355, the Contract awarded herein is subject to termination, suspension of payments, or both. I further
understand that if I violate the terms of the Drug-Free Workplace Act of 1990, I may be subject to debarment in
accordance with the requirements of the Act.
I acknowledge that I am aware of the provisions of Government Code Section 8350 et seq., and
hereby certify that I will adhere to the requirements of the Drug-Free Workplace Act of 1990.
Executed on this _____________ day of _______________________________, 20________ at
____________________________________________.
Name of Vendor (Print or Type)
By
Signature
Print Name
Title
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SAN DIEGO COUNTY SUPERINTENDENT OF SCHOOLS
BID RESPONSE FORM
RFB 1314-002 – CHROMEBOOKS AND CHARGING STATIONS
Quantity
Part #
Description
1-300
Chromebook
ASUS Chromebook Flip C100PADB01 10.1 Inch Touch Chromebook
( Quad Core, 2GB, 16GB, SSD,
aluminum chassis) or equal
Item Cost
Total
Warranty
1 year device coverage with
accidental damage.
1. The District may purchase (at its discretion) additional units through-out the life of the
contract at the bid prices listed, allowing only price increases reflecting original
manufacturer's cost increases to the vendor. Documentation may be required to prove
price increases from the manufacturer to vendor.
2. TECHNOLOGY CLAUSE: As technology advances, it is understood that improved or
enhanced products may supersede existing products in both price and performance and
yet be essentially similar. This request for bids seeks to address the rapid advances in
technology by allowing functionally similar or identical products that may be introduced in
the future, during the term of this bid, to be included under the general umbrella of
compatible product lines and are thus specifically included in this bid document.
3. As new models are introduced in the future, this bid/contract will allow purchases of those
models. The price will be determined by the vendor subtracting the same discount margin
percentage to these models, as calculated on current models. Vendor may be required to
produce list/price or manufacturer costs.
4. All sales of computer units must be from authorized dealers only, with proof provided by
manufacturer.
5. Purchases by the Rancho Santa Fe School District to the vendor for the service contract shall be
in the form of a Purchase Order
6. Period of Performance: The Period of Performance shall begin no earlier than September 6,
2015 and end no later than June 30, 2014. It is expected that between 100 devices in total
will be purchased during the period of performance. The District reserves the right to
increase or decrease the total number of units as well award multiple vendors .
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ATTACHMENT A
SCOPE OF SERVICES
Type of Service:
Purchase of Chromebooks and Charging Carts
Scope of Service:
To provide Chromebooks for student/staff use for Rancho Santa Fe
School District programs. Responses must include detailed product
descriptions and specifications.
Specific Deliverables: Product/Services must include:
(1) Option 1: Provide a solution for the purchase of all products
(a) Detailed pricing breakdown for all equipment and services must be included
within bid
(b) Detailed product descriptions and specifications must be included within bid
(c) Chromebooks WITHOUT Google management license installed
(i) 1 - 100 devices (provide pricing for bulk purchases)
Product Specifications: Please Quote the Preferred model or
equivalent
(1) Chromebooks (specifications)
(a) ASUS Chromebook Flip
(b) Quad Core 1.8 GHz Processor
(c) Aluminum Chassis
(d) 2GB RAM
(e) Solid State Drive capacity 16 GB minimum
(f) Wireless must support 802.11 a/b/g/n
(g) HDMI port
(h) VGA Port
(i) Minimum 3 USB ports
(j) Chrome OS
(k) Keyboard and touch screen
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