RFP 22-752-003 Swimming Pool Maintenance Services

AID 1739905 · View on Simbli

Agenda Item

vii. Contract Renewal ~ RFP 22-752-003 Swimming Pool Maintenance Services ~ StandGuard Aquatics, Inc. ~ Renewal # 3 of 4 (Not to exceed $500,000)

Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the DeKalb County School District Board of Education (“the Board”) approve the third of four (#3 of 4) contract renewals for RFP 22-752-003 for Swimming Pool Maintenance Services to StandGuard Aquatics in the amount not to exceed $500,000.
Why: This request is a contract renewal for StandGuard Aquatics, Inc., to provide swimming pool maintenance services on an as-needed basis at Chamblee High School, Columbia High School, and Lakeside High School in a timely and cost-effective manner. This request renews the contract for an additional year from April 22, 2025- April 2026.

Approval of the contract renewal meets Strategic Goal Area 6: Organizational Excellence.
Details: On February 14, 2022, the Board of Education approved StandGuard Aquatics, Inc. as the most responsive and responsible offeror for swimming pool maintenance services. This request renews the contract to provide pool maintenance services at Chamblee High School, Columbia High School, and Lakeside High School.

StandGuard Aquatics Inc. is located at 5665 Atlanta Highway Suite 103-168 Alpharetta, GA 30004.

This recommendation is for the third of four (#3 of 4) one (1) year contract renewal options.
Financial impact: The total contract amount for Swimming Pool Maintenance Services in the amount not to exceed $500,000 will be allocated from the General Fund Budget, Deferred Maintenance (100.2600.541013.00011.7520.9990.8013.040.0000).
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678.676.1447
Mr. Keith Ball, Executive Director of Facilities and Capital Improvement, Division of Operations, 678.676.1397
Effective: Upon Board Approval
Status: Approved by Legal Counsel
                                DeKalb County Board of Education
                                Operations Division
                                Sam A. Moss Service Center
                                1780 Montreal Road
                                Tucker, GA 30084-6705




                                 Request for Proposals (RFP) No. 22-752-003
                                                      For
                                SWIMMING POOL MAINTENANCE SERVICES
Owner:                   DeKalb County Board of Education (the “Board”)
                         Design and Construction Department
                         Sam A. Moss Service Center
                         1780 Montreal Road
                         Tucker, GA 30084-6705

Solicitation Timeline Summary (dates are subject to change)
             EVENT                     DATE(S)               TIME                          LOCATION
                                                                           http://www.dekalbschoolsga.Ionwave.net and
  Solicitation Opens            October 14, 2021            2:00 PM
                                                                                      www.demandstar.com
  Mandatory Pre-Proposal
                                 October 26, 2021           10:00 AM                       Via ZOOM
  Conference

  Site Visit-Optional              October 27, 2021           N/A                        Not Applicable

  Final Questions Due              November 2, 2021         2:00 PM         dcsd-op-bidquestion@dekalbschoolsga.org

                                                                           http://www.dekalbschoolsga.Ionwave.net and
  Final Addendum                   November 9, 2021         2:00 PM
                                                                                      www.demandstar.com

  Proposal Due Date & Time          November 16, 2021       2:00 PM    https://dekalbschoolsga.ionwave.net

                                                                          Public Acknowledgement of RFP will be posted
  Public Acknowledgement           November 18, 2021                      on http://www.dekalbschoolsga.Ionwave.net and
                                                                                       www.demandstar.com
  Selection Committee
                                    11/29-12/3/2021
  Evaluation
  Anticipated Board Review
                                     February 2022
  and Approval
  Anticipated Notice of Award         March 2022




RFP No. 22-752-003 Swimming Pool Maintenance Services
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                                               TABLE OF CONTENTS
I.      Advertisement for Sealed Proposals....................................................................................................4
II.     Definition of Terms...............................................................................................................................5
III.    Background..........................................................................................................................................6
IV.     Purpose ...............................................................................................................................................6
V.      Communications with DCSD Staff .......................................................................................................6
VI.     Prohibited Contacts. ............................................................................................................................6
VII.    Questions and Answers……………………………………………………………………………………….6
VIII.   General Terms and Conditions ............................................................................................................7
        A. Respondent Performance .............................................................................................................7
        B. Addendums ..................................................................................................................................7
        C. Non-Discrimination .......................................................................................................................7
        D. Drug-Free Workplace ...................................................................................................................7
        E. Smoke-Free Workplace ................................................................................................................7
        F. Cost Incurred ................................................................................................................................7
        G. Insurance Requirements...............................................................................................................7-8
        H. Indemnification .............................................................................................................................8
        I. Illegal Immigration Reform and Enforcement Act of 2011 ............................................................9
        J. Interviews .....................................................................................................................................9
        K. Background Checks .....................................................................................................................9
        L. Term of Contract...........................................................................................................................9
        M. Cancellations ................................................................................................................................9
        N. Contract ........................................................................................................................................10
        O. Permits and Applicable Law .........................................................................................................10
        P. Suspension and Debarment .........................................................................................................10
        Q. Non-Collusion ...............................................................................................................................10
        R. Conflict of Interest.........................................................................................................................11
        S. Confidentiality and Non-Disclosure...............................................................................................11
        T. Business License ..........................................................................................................................11
        U. Rights Reserved ...........................................................................................................................11
        V. Taxes ............................................................................................................................................11
        W. Respondent Failure ......................................................................................................................11
        X. Georgia Open Records Act...........................................................................................................12
        Y. No Assignment of Award ..............................................................................................................12
        Z. Proposal Duration .........................................................................................................................12
IX.     Basic Scope of Services ......................................................................................................................12-13
X.      Proposal Submission Requirements ....................................................................................................13-17
XI.     Owner’s Standard Forms Required to Accompany Proposal ..............................................................17
XII.    Qualifications for Selection and Selection Process..............................................................................17
XIII.   Protest Procedures ..............................................................................................................................18-20




RFP No. 22-752-003 Swimming Pool Maintenance Services
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   Owner’s Standard Forms:
   Attachment A:    Contractor Checklist and Certification (2 pages)
   Attachment B1:   Corporate Certificate (1 page)
   Attachment B2:   Partnership Certificates (1 page)
   Attachment B3:   Entity Certificate (1 page)
   Attachment C:    Subcontractor Listing (1 page)
   Attachment D:    Offeror’s and Individuals’ Affidavit of NonCollusion (2 pages)
   Attachment E:    Conflict of Interest Disclosure Form (2 pages)
   Attachment F:    Consent to Release Information Form (1 page)
   Attachment G:    Vendor Reference Form (1 page)
   Attachment H:    Suspension and Debarment Certification (1 page)
   Attachment I:    Service Contractor Fixed Price Proposal Form (3 pages)
   Attachment J:    Immigration and Security Certification (8 pages)
   Attachment K:    No Submittal Response Form (1 page)

   Owner’s Appendices:
   Appendix A:   Owner’s Criteria and Narrative Scope (4 pages)
   Appendix E:   Standard Form of Contract for Services (Non-State Capital Outlay Projects) (16 pages)
   Appendix F:   Subcontractor Affidavit of Non Collusion (1 page)




RFP No. 22-752-003 Swimming Pool Maintenance Services
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                                      I.
                     ADVERTISEMENT FOR SEALED PROPOSALS
                      SWIMMING POOL MAINTENCE SERVICES
SCOPE OF SERVICES
The DeKalb County School District is seeking proposals from qualified vendors to provide swimming pool maintenance
services.

Request for Proposal (“RFP”) documents will be available Thursday, October 14, 2021, and may be obtained from
the DeKalb County Board of Education website at https://dekalbschoolsga.ionwave.net.

VIRTUAL MANDATORY PRE-PROPOSAL CONFERENCE
A virtual mandatory pre-proposal conference to be held via Zoom Meeting at 11:00 a.m. local time on, October 26,
2021. Attendance is mandatory. All proposers must pre-register to attend.
The following information must be submitted via email to dcsd-op-solicitation@dekalbschoolsga.org.
by 5:00 PM local time on Monday, October 25, 2021.

             a)   Individual Name & Title
             b)   Company Name
             c)   Telephone Number
             d)   Email Address

If more than one individual is attending from your company, please submit information for all attendees. The sign-in
sheet for the Virtual Mandatory Pre-Proposal Conference will be complied using this data and posted on the website
within 2 business days after the Virtual Pre-Proposal Conference.

When registering your company to attend the Virtual Mandatory Pre-Proposal Conference, please place in the
subject line of the email Registration – RFP 22-752-003 Swimming Pool Maintenance Services. A link will be
sent to participate in the virtual meeting to all registered proposers by 10:00 AM Tuesday, October 26, 2021.
Proposers that fail to register by the deadline and attend the Virtual Mandatory Pre-Proposal Conference on
October 26, 2021 will not be allowed to participate in the submission process.


SCHEDULE FOR SELECTION (dates are subject to change)
Mandatory Pre-Proposal Conference*                                        October 26, 2021 @ 11:00 am
Final Questions Due                                                       November 2, 2021 not later than 2:00 pm
Final Addendum Issued (if necessary)                                      November 9, 2021 not later than 2:00 pm
Proposals Due                                                             November 16, 2021 not later than 2:00 pm
Public Acknowledgement                                                    November 18, 2021 not later than 5:00 pm
Anticipated Board Review and Approval                                     February 2022

Except as expressly provided in, or permitted by, the Proposal Documents, from the date of issuance of the
RFP until final Owner action of approval of contract award, the Contractor submitting a Proposal shall not
initiate any communication or discussion concerning the Project, the RFP or the Contractor’s Proposal or any
part thereof with any employee, agent, or representative of the Owner. Any violation of this restriction may
result in the rejection of the Contractor’s Proposal.
The Owner reserves the right to reject any or all proposals, and to waive technicalities and informalities.


RFP No. 22-752-003 Swimming Pool Maintenance Services
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II.          DEFINITION OF TERMS

             Addendum - Written or graphic instruments issued prior to the date for opening of proposals, which modify
             or interpret the Proposal Documents by additions, deletions, corrections or clarifications.

             Collusion - A secret agreement among bidders/offerors to circumvent laws and regulation when submitting
             bids and offers in an attempt to win contracts by illegal means or methods.

             Contract - A formal written agreement between the owner and a vendor for providing goods and services.

             DCSD – For the purposes of this proposal, DCSD shall mean “DeKalb County School District” and “The
             District”.

             Lobbying – Lobbying is defined as any action taken by an individual, respondent, association, joint venture,
             partnership, corporation, and all other groups who seek to influence the decision of a Board Member or
             District Personnel, as it relates to formal solicitations.

             Notice of Award – The written notice of the acceptance of the Proposal from DCSD to the awarded
             respondent.

             Notice to Proceed – The written notice issued by DCSD to the awarded respondent authorizing them to
             proceed with the work and establishing the date of commencement of the contract time.

             Owner – For the purposes of this proposal, Owner shall mean DeKalb County Board of Education.

             Proposal – An executed offer submitted by a Respondent in response to a request for proposals and
             intended to be used as a basis for negotiations of a contract.

             Request for Proposals (RFP) – The solicitation for services, including all supporting documents and
             attachments, used to obtain statements of qualifications from contractors or consultants and which provides
             for negotiation of all terms of the proposal, including price, prior to award.

             Respondent – For the purposes of this proposal, any person, respondent, corporation or agency submitting
             a response to this Request for Proposal or their duly authorized representative. The word Respondent,
             proposer or offeror may be used interchangeably within the Request for Proposal.

             Responsible Respondent – Respondent who has the capability in all respects to fully perform the contract
             requirements and the integrity and reliability that will assure good faith performance.

             Responsive Respondent – Respondent that has submitted a proposal that conforms in all material
             respects to the solicitation.

             Scope of Work – Includes the Work, as the term herein defined, as well as the responsibility of the
             performing and complying with all incidental matters pertaining thereto, as set out in the Contract
             Documents.

             Specifications – A description of what the Owner seeks to buy and what a Proposer must be responsive to
             in order to be considered for an award of a contract.




      RFP No. 22-752-003 Swimming Pool Maintenance Services
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 III.   BACKGROUND
        DeKalb County School District currently enrolls about 102,000 students (October in 138 schools/programs:
        104 neighborhood schools, 23 choice and specialty schools/programs (magnet, theme, special needs, etc.),
        and 10 DCSD-sponsored charter schools (that are operated by others). The District owns 159 facilities: 128
        school facilities, 5 support facilities, 5 stadiums, 14 vacant facilities or sites, and 8 properties leased to charter
        schools or other organizations; a list of facilities/sites are provided in Exhibit A. With over 15 million square
        feet, and 14,000 employees, DeKalb is the third largest system in the State of Georgia (in terms of students),
        but has the most number of school facilities in the State.

 IV.    PURPOSE
        The DeKalb County School District (hereinafter, "DeKalb County School District" or "DCSD") invites qualified
        vendors to submit their qualifications to provide swimming pool maintenance services.

        In using this method for solicitation, we are requesting your best effort in seeking the best value for our
        requirements. To be eligible for consideration, sealed proposals shall be presented in accordance with the
        instructions of this solicitation and within the timeframe specified. It shall be the responsibility of the selected
        Offeror to meet all specifications and guidelines set forth herein. DeKalb County School District, at its
        discretion, determines the criteria and process whereby proposals are evaluated and awarded. No damages
        shall be recoverable by any challenger as a result of these determinations or decisions by DeKalb County
        School District.

  V.    COMMUNICATIONS WITH DCSD STAFF
        The assigned contact persons for this RFP are Belinda Quillet, Procurement Manager and Angela Arlene-
        Myrick, Procurement Specialist, for the Operations Division. Mrs. Quillet can be reached at 678-676-1373 or
        by email at belinda_quillet@dekalbschoolsga.org. Mrs. Myrick can be reached at (678) 676-1554 or by email
        at angela_arlene-myrick@dekalbschoolsga.org. Prospective Respondents must limit their contact regarding
        this RFP to THE assigned contact persons.

  VI.   PROHIBITED CONTACTS
        Except with the consent of the proposal contact person, all proposers, including any persons affiliated with or
        in any way related to proposer, are strictly prohibited for contacting DeKalb County Board of Education
        members and DCSD employees or consultants on any matter having to do in any aspect with this RFP, other
        than as provided herein. Any and all contacts with such persons associated with DeKalb County School
        District shall be in writing, in appropriate circumstances or cases, as directed by the contact person above.
        Except as expressly provided in, or permitted by, the RFP documents, from the date of issuance of the
        Request for Proposals until final DeKalb County Board of Education action of approval of contract award, the
        proposer submitting a bid shall not initiate any communication or discussion concerning this procurement with
        any employee, agent, representative or member of the Board of Education for DeKalb County School District.
        Furthermore, no employee, officer, or agent of the DeKalb County Board of Education or DCSD may
        participate in the selection, award or administration of a contract if he or she has a real or apparent conflict of
        interest. Any violation of this restriction may result in the rejection of the proposal response.

  VII. QUESTIONS AND ANSWERS
        It is intended that this proposal be adequate for any vendor to respond the DeKalb County School District
        requirements. However, should proposers have questions, all questions should be submitted electronically
        via email to Belinda Quillet at dcsd-op-bidquestion@dekalbschoolsga.org. Questions submitted to an
        other mail box, voice mail or email address will not be considered for response. The deadline for receipt
        of vendor questions is Tuesday, November 2, 2021 at 2:00 p.m. Questions received after the deadline time
        will not be considered. Questions received by the deadline time will be answered in writing and posted to the

RFP No. 22-752-003 Swimming Pool Maintenance Services
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        website http://www.dekalbschoolsga.ionwave.net no later than Tuesday, November 9, 2021 at 2:00 p.m. No
        response other than written, by the Procurement Manager, will be binding upon DCSD.

VIII.   GENERAL REQUIREMENTS

        A. Respondent Performance
           The successful Respondent is required to perform and fulfill all the undertakings, covenants, terms,
           conditions, and agreements of this RFP document and any negotiated contract(s). Failure of the
           Respondent to fully perform these obligations may result in cancellation of the award and contract.

            DCSD will look to the Respondent and his/her identified personnel to coordinate and deliver the services
            described in this RFP. The obligations of the contract shall not be delegated to subcontractors or
            assigned to any third party.

        B. Addendums
           All addendums related to this solicitation will be posted on the DCSD website at
           https://dekalbschoolsga.ionwave.net. It is the offeror’s responsibility to check the DCSD website for any
           addendums, responses to offeror questions or other communications related to this solicitation.

        C. Non-Discrimination
           DCSD does not discriminate on the basis of race, color, religion, sex, national origin, age, or disability in
           any of its employment practices, education programs, services or activities.

            DCSD supports an open, fair, and impartial free-market system which maximizes competition and seeks
            to include all responsible businesses and to provide ample opportunities for business growth and
            development. Minority businesses are encouraged and given the opportunity to bid on various projects;
            however, all responses will be evaluated on the same criteria. It is not the intention or desire of DCSD to
            restrict or impede competition, nor to increase the cost of the work.

        D. Drug-Free Workplace
           By submission of a response to this RFP, the Respondent certifies that he/she and his/her employees
           shall not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of
           controlled substance or drugs during the performance of the contract.

        E. Smoke-Free Workplace
           By submission of a response to this RFP, the Respondent certifies that he/she and his/her employees
           shall not use tobacco products on DCSD property at any time during the performance of this contract.

        F. Costs Incurred
           DCSD is not liable for any costs incurred by a Respondent in preparing and/or submitting a response to
           this RFP or for any interview if requested. Any and all costs incurred by the Respondent in preparing
           and/or submitting a response to this RFP and interviewing with DCSD (if requested) shall be the sole
           responsibility of the Respondent and shall not be reimbursed by DCSD.

        G. Insurance
           A Certificate of Insurance and/or ACORD form is required with solicitation submittal. Provision of
           Certificate of Insurance is a mandatory requirement (include with Required Forms). Proposals
           submitted with certificates of insurance will be considered conditionally responsive to the insurance and
           indemnification requirement. Final award of this RFP will be contingent upon receipt within five (5)
           business days of request for insurance documentation complete with the following requirements. In the



RFP No. 22-752-003 Swimming Pool Maintenance Services
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           event the awarded Respondent cannot produce insurance coverage acceptable to the DCSD within the
           time provided, DCSD reserves the right to award this solicitation to the next highest ranked firm.

                1) The Service Contractor and all Subcontractors shall maintain insurance in the types of coverage
                   shown below, which insurance shall provide coverage for Service Contractor during the term of
                   this Contract. On the date the Service Contractor signs this Contract, The Service Contractor
                   shall provide the Owner with (i) an endorsement from the insurer naming the Owner as an
                   additional insured under the liability policies and (ii) certificate(s) verifying that these insurance
                   coverages and limits are in force. Additional certificates of insurance shall be provided whenever
                   individual policies are renewed (or replaced) on their anniversary date and at such other times
                   as the Owner requests.

                2) The insurance requirements of this Contract are:

                         Type of Insurance                                        Coverage Limits

                         Comprehensive General Liability                          $2,000,000 annual aggregate
                         Including Contractual Liability                          $1,000,000 per occurrence
                         Bodily Injury and Property Damage

                         Comprehensive General Liability                          $2,000,000 annual aggregate
                         Bodily Injury and Property Damage                        $1,000,000 per occurrence
                         Covering Owned, Hired and Non-Owned Autos

                         Worker’s Compensation                                    $1,000,000

                         Contractors Pollution Liability and/or                   $2,000,000 annual aggregate
                         Errors and Omissions

           The Service Contractor waives all rights, including rights of subrogation, against the Owner and its
           respective directors, officers, partners, Board Members, officials, agents, insurers, subcontractors,
           consultants and employees for damages covered by any type of insurance during and after the
           completion of the Work. The DeKalb County School District and The DeKalb County Board of
           Education shall be included as an additional insured on the coverages specified in subparagraphs G.1.
           and G.2. above, and shall be indicated as such on certificates of insurance required herein.

           These certificates shall contain a provision that coverages afforded under the policies will not be
           canceled, changed or allowed to expire until sixty (60) days after the Owner has received written notice
           evidence by return receipt of registered letter.

       H. Indemnification
          The Service Contractor agrees to hold harmless and indemnify the Owner, its Board, officers, employees
          and representatives from and against any and all liability, claims, actions, causes of action, losses,
          damages, demands, suits, judgments, costs and expenses arising out of bodily injury (including death)
          to persons, damage to property, including, but not limited to, any and all costs, expenses, legal fees and
          liabilities, incurred in and about investigation, defense or prosecution thereof, to the extent caused in
          whole or in part by a negligent act, error or omission of the Service Contractor or any subcontractor(s),
          or as a result of defective Services under this Contract.




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       I.   Illegal Immigration Reform and Enforcement Act of 2011
            The Illegal Immigration Reform and Enforcement Act of 2011 applies to and is a requirement for all
            DeKalb County School District solicitations for physical performance of services (i.e. public works
            contracts).

            Proposers must complete and/or have their subcontractors complete the following forms:
            1) Immigration and Security Certification
            2) Contractor Affidavit (Contractor Only)
            3) Subcontractor Affidavit (Subcontractor Only)
            4) Sub-Contractor Affidavit (Sub-Subcontractor Only)

            The Immigration Security Certification, the Bidder E-Verify Affidavit, the Contractor Affidavit, the
            Subcontractor Affidavit and the Sub-Subcontractor Affidavit are identified as Attachment J and included
            with this solicitation. The Immigration Security Certification, the Bidder E-Verify Affidavit, the Contractor
            Affidavit, the Subcontractor Affidavit and the Sub-Subcontractor Affidavit must be completed, notarized
            and submitted with your proposal response.

            IMPORTANT NOTICE: the omission of any of the required items listed above and identified as
            Attachment J included in this RFP shall cause the proposal submission to be declared non-
            responsive and to be rejected.

       J. Interviews
          DCSD reserves the right to require Respondents to participate in one or more interviews with DCSD staff.
          Respondents must be prepared to discuss the salient points of their proposal within two (2) normal
          working days of being asked to participate in interviews. There are to be no presentations, individually or
          collectively, without such invitation.

       K. Background Checks
          A criminal background check must be performed on all contractors, consultants, subcontractors,
          volunteers and vendors (hereinafter jointly referred to as "Individuals") who provide services on DCSD
          premises, supervise services on DCSD premises, or has contact with students. These Individuals shall
          undergo the same criminal background check, within the last 365 days, as required by DCSD employees.
          Such background checks will be performed by DCSD at the expense of the Individual at a cost of $45.00
          per individual. Additionally, any charges against the Individual, may be deemed unacceptable in DCSD’s
          sole discretion regardless of whether dismissed, expunged, sealed, removed from the record, treated as
          a “first offender” or dead docketed. Upon receipt and evaluation of DCSD’s background check results,
          DCSD may demand that the Individual have no contact with DCSD students or parents, or provide
          services to DCSD premises. Any failure of the contractor to obtain a criminal records background check
          through DCSD, as stated herein, may result in termination of any resulting contract between contractor
          and DCSD.

       L. Term of Contract
          The term of the Services contract shall be for one (1) year from date of award with four (4) one-year
          renewal options with the mutual approval of the proposer and the District under the same terms and
          conditions of this proposal.

       M. Cancellations
          Awards, contracts, and extensions may be cancelled for convenience by DCSD at any time. In the event
          of termination of this contract by DCSD, the DCSD will be responsible only for those items and or services
          that have been delivered and accepted according to the bid specifications and will not be responsible for
          any claims for damages, including but not limited to, claims for list profits.

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       N. Contract
          Appendix E is DeKalb County School District’s Standard Form of Contract for Services (Non-State
          Capital Outlay Projects) between the DeKalb County Board of Education and the Service Contractor;
          Version 6.2015, which specifically outlines the contractual responsibilities. All responders should
          thoroughly review the documents prior to submitting a proposal. Any proposed revisions to the
          terms or language of these documents must be submitted in writing during the question and
          answer period of the solicitation. All request must be submitted in writing prior to the close of
          the final questions. Request for revisions will be reviewed and approved or rejected by legal and legal
          rulings are final. If submitted or proposed thereafter, such proposed revisions to the terms or language
          of these documents shall not be considered by the Owner and the Service Contractor’s Proposal shall be
          rejected. No alterations can be made in the contract after award by the DeKalb County School District.

       O. Permits and Applicable Law
          Respondents shall at their own expense obtain all necessary permits, certifications, and licenses and
          shall comply with all applicable local, state, and federal laws, ordinances, rules, and regulations
          necessary to fully execute the requirements stated herein. Respondents shall maintain all such permits,
          licenses, certifications, and compliances in a current status throughout the course of the contract.
          Respondents shall submit copies of permits, licenses, and certifications evidencing proof of the
          aforementioned immediately upon request of DCSD. Respondents shall be in compliance with
          registration with the Georgia Secretary of State’s office as applicable.

       P. Suspension and Debarment
          By submitting this proposal, the offeror certifies that the proposing company and/or its principals have not
          been suspended, excluded, disqualified, debarred, proposed for debarment, declared ineligible or
          voluntarily excluded from participation in any transaction by any Federal or State department or agency
          and that the bidder complies with all applicable orders, rules and regulations related thereto.

           Further, by submitting this proposal, the offeror certifies that all lower tier participating individuals and/or
           company(s) and all respective principals of lower tier participants have not been suspended, excluded,
           disqualified, debarred, proposed for debarment, declared ineligible or voluntarily excluded from
           participation in any transaction by any Federal or State department or agency and that the bidder
           complies with all applicable orders, rules and regulations related thereto.

           The certification placed herein is a material representation of fact upon which reliance will be placed as
           bid submissions are evaluated and any transaction is entered into. If it is later determined that the
           prospective offeror has knowingly rendered an erroneous certification, the DeKalb County School District
           may pursue all available remedies, including but not limited to suspension and/or debarment.

       Q. Non-Collusion
          Respondents shall fully certify that they, as individuals or as officials of a business entity, have not entered
          into any agreement, participated in collusion, or otherwise taken any action in restraint of free and
          competitive responses to this RFP. Further, Respondents guarantee that their response is not made in
          conjunction with or on behalf of another party and that they have not been directly or indirectly induced
          in any manner or taken any action to result in a restriction of trade or in an unfair advantage.

       R. Conflict of Interest
          Respondents shall disclose with their proposal the name of any officer, director, or agent who also is a
          DCSD employee or DeKalb County Board of Education member. Respondents shall also disclose the
          name of any DCSD employee or board member who owns, directly or indirectly, an interest in five percent
          or more in the Respondent’s company or any of its branches. Respondents shall certify that their

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           response to this RFP is impartial, at arm’s-length, and free of any conflict of interest, unfair advantage,
           or personal benefit to any DCSD official.

       S. Confidentiality and Non-Disclosure
          Information made available to Respondents by DCSD shall be used only for purposes related to
          responding to this RFP and shall not be used for any other purpose without the express written permission
          of DCSD.

           Respondents to this RFP unequivocally agree to assume responsibility for protecting and safeguarding
           the confidentiality of DCSD records that are not public information. Such information may include, but is
           not limited to student and human resource file contents.

       T. Business License
          Respondents shall submit with their proposal, a copy of their valid company business license. If
          the Respondent is a Georgia corporation, Respondent shall submit a valid county or city business license.
          If the Respondent is not a Georgia corporation, Respondent shall submit a certificate of authority to
          transact business in the state of Georgia and a copy of their valid business license issued by their home
          jurisdiction. If Respondent holds a professional certification which is licensed by the state of Georgia,
          Respondent shall submit a copy of their valid professional license. Any license submitted in response to
          this requirement shall be maintained by the Respondent for the duration of the contract. Provision of
          copy of business license is a mandatory requirement (include with Required Forms).

       U. Rights Reserved
          DCSD reserves the right to accept or reject any and/or all parts of responsive proposals received and/or
          to reject all proposals submitted. DCSD reserves the right to award any resulting contract in the manner
          that is in the best interest of and most advantageous to DCSD. DCSD reserves the right to waive any
          technicalities or minor irregularities in responses received and to award the contract in the most beneficial
          manner for DCSD. The decision of DCSD shall be final.

           DCSD reserves the right to request and negotiate a “best and final” response from Respondents.

       V. Taxes
          Purchases made by DCSD are not subject to federal, state, or local sales tax. A Sales Tax Exemption
          Certificate will be furnished upon request.

       W. Respondent Failure
          In the event services to be furnished by the successful Respondent should for any reason fail to
          conform to the scope of work contained herein, DCSD reserves the right to reject the services and
          further reserves the right to terminate the contract. Failure of the successful Respondent to perform
          contracted services may also result in the removal of that Respondent from doing business with DCSD
          for a period of not less than one year.


       X. Georgia Open Records Act
          Without regard to any designation made by the person or entity making a submission, DeKalb County
          School District considers all information submitted in response to this invitation or request to be a public
          record that may be disclosed upon request pursuant to the Georgia Open Records Act, O.C.G.A. 50-
          18-70 et seq., without consulting or contracting the person or entity making the submission, unless a
          court order is presented with the submission. You may wish to consult an attorney or obtain legal
          advice prior to making a submission.



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       Y. No Assignment of Award
          The successful Respondent may not assign the award or contract to or subcontract with another party
          without the express written permission of DCSD.

       Z. The Laws of the State of Georgia
          This RFP and subsequent agreements are subject to the laws of the State of Georgia.

 IX.   BASIC SCOPE OF SERVICES


       1. Provide professional and knowledgeable service personnel.
       2. Maintain clean, safe and orderly pool equipment rooms.
       3. Maintain controller and controller reader,
       4. Provide routine services during hours that do not interfere with classes or activities. (Class schedules and
          swim meet schedules will be provided on a semester basis.)
       5. Inspect pools and test the water daily at all three sites, furnishing any and all necessary chemicals, including
          but not limited to i.e. bromine, Co2, soda ash, sodium bicarbonate, chlorine and/or dry chlorine, algaecides,
          clarifiers, shock treatments and any other chemicals necessary to keep water balance, clarity, ph and overall
          water quality to the DeKalb County Health Department standards and requirements.
       6. Provide on-site Services and maintenance daily to the chemical treatment systems, pump, or other
          automatic feeding system, strainers, filters, heaters and other mechanical systems to ensure proper pool
          operations.
       7. Calibrate the vantage, and/or other automatic chemical feed systems as necessary to ensure proper
          operation and chemical feed.
       8.   Service/backwash the filter system twice a week.
       9.   Remove debris from surface and bottom. Clean tile to remove calcium, dirt, algae and/or black algae.
       10. Vacuum and brush pools once a week or more if needed.
       11. Check for Plumbing for leaks; Repair in accordance with state and local codes.
       12. Check diving boards on a weekly basis and perform routine maintenance as needed.
       13. Pressure wash decks and diving boards at least once per year.
       14. Provide on-site and telephone consultation regarding the general operation of pool, safety concerns and
           maintenance issues.
       15. Prepare and maintain log or inspection reports for each visit signed by technician and DCSD pool staff.
       16. Maintain an on-site service record.
       17. The following response times will apply:

                    Each call for service requires a return call to the originator within one (1) hour and an on-site
                     response time of twenty-four (24) hours or less.




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                   Emergency Calls: Vendor will respond within 30 minutes of call 7 days per week and will be
                    expected to be on site within 2 hours of initial contact.

                   High Priority Calls: 8 hours from placement of call.

                   Routine Call: 24 hours from placement of call.

                   This number is to be provided to Human Services staff upon issuance of purchase order.
       18. Furnish only chemicals, pool additives and parts that are approved by the DeKalb County Health
           Department, and by respective equipment manufacturers for use with their equipment.

  X.   PROPOSAL SUBMISSION REQUIREMENTS

       A. A mandatory virtual pre-proposal conference will be held on Tuesday, October 26, 2021 at
          10:00 AM local time via Zoom. Attendance is required to submit a proposal for this project.

       B. Proposals must be received electronically at the website https://dekalbschoolsga.ionwave.net, no later
          than November 16, 2021 at 2:00 PM local time.

       C. The Offeror’selectronic proposal shall be submitted in the following order and format:

               0. Letter of introduction and interest signed by an officer or partner of responding firm. Letter shall
                  include specific reason(s) why firm would be the best choice for the services listed. Letter shall
                  include name of entity submitting, contact name, phone number, e-mail address, fax number
                  and address of firm submitting.

               1. Table of Contents

               2. Compliance Information

               This is a compliance section and carries no evaluation points. Firms must meet minimum criteria
               as specified to receive further consideration. Proposals shall include the following:
                    2.1 The Firm must be properly certified by the Georgia Secretary of State to do business in
                        Georgia at the time of submission.
                         2.1.1    State the legal name of entity submitting and if Firm submitting is a corporation,
                                  joint venture, or partnership. Note: It is understood that if selected for this project
                                  the stated entity name will be used in all legal contracting documents derived from
                                  this selection.
                         2.1.2    Provide a copy of certification for proper incorporation or registration from Georgia
                                  Secretary of State. Provide a copy of current general real estate license for all key
                                  real estate professional assigned to the contract. In the alternative, joint ventures
                                  and partnerships should provide a copy of their joint venture or partnership
                                  agreement and certification from the Georgia Secretary of State establishing that
                                  each joint venture partner or partner is authorized to do business in Georgia.
                    2.2 The Firm must be properly registered, licensed, and certified at the time of submission:
                          2.2.1 Provide copy of current Georgia Professional Registration Certificate for
                                contractor.
                          2.2.2 If Firm is a joint venture, provide copy of the joint venture agreement and either:

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                                       a. Copy of current Georgia Professional Registration Certificate of the
                                          joint venture; or
                                       b. A copy of the current Georgia Professional Registration Certificate of
                                          one of the joint venture partners.
                   2.3 Financial Information (Y/N):

                        2.3.1    The Firm’s financial capability is to be expressed in the financial statement
                                 (audited financial information current within the past twelve months, such
                                 as a balance sheet and statement of operations) and should indicate the
                                 resources and the necessary working capital to assure financial stability
                                 through the completion of the projects. A certified audit is preferred;
                                 however, the Firm’s most recent tax return and balance sheet will be
                                 accepted.

                   2.4. Litigation/Capacity/Convictions Information (Y/N):

                        2.4.1    Identify and briefly discuss any instances in the past five (5) years where
                                 your contract was terminated, with or without cause. Provide Owner name,
                                 project name and Owner Project Representative Name and Number. For
                                 joint ventures responding to this RFP, provide the above information as it
                                 pertains, to the joint venture and for each partner or entity creating said joint
                                 venture. If there is no failure or failures to complete a contract, please
                                 include a statement that the Firm has never failed to complete a contract or
                                 contracts or have defaulted or have been declared in default on any
                                 contract.

                        2.4.2    Capacity: Based on your current workforce and staffing in addition to the number
                                 of projects your firm currently has under contract or in negotiation, please
                                 demonstrate your firm’s capacity to complete this project. Describe any claims,
                                 mediation, litigation, arbitration or other form of dispute resolution filed by or
                                 against your company regarding K-12 projects (and, in the case of a joint venture,
                                 by or against any partner in the joint venture) in the past five (5) years, including
                                 case name, number, location of court or arbitration. This list shall also disclose
                                 any failure or failures to complete a contract, or contracts, and any instances of
                                 having defaulted or having been declared to be in default, on any contract or
                                 contracts.

                        2.4.3    Convictions: Include a statement as to whether or not the FIRM (and in the case
                                 of a joint venture, each of the partners in the joint venture) or any of its officers has
                                 been convicted or entered a guilty plea (or plea of nolo contendere) in any court
                                 within the two (2) years prior to the date of application of a violation of any State
                                 or Federal statute concerning competitive bidding or competitive proposals
                                 or the restraint of trade.

     EVALUATION CRITERIA

           3. Proposed Project Staff (15 points)

               The quality, experience and quantity of staff and their functions will be evaluated by the Committee.
               The firm shall name the actual key personnel to be assigned to this Project, describe their ability and
               experience, and indicate the function of each within their organization and their proposed role on this

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               Project. It is the intent that the proposed staff shall be assigned to this Project unless otherwise
               approved by Owner. If interviews are conducted, all proposed key staff members must be present
               at the time of interview unless prior written approval is received from the Owner.

               a. Provide a full and complete company profile to include, but not limited to Firm name, address of
                  firm headquarters and branch office handling this project as well as related telephone and fax
                  numbers.

               b. State how many years in business under the name stated above. Describe firm ownership,
                  structure and history. Include type of legal entity (e.g., corporation, limited liability company,
                  etc.). State or commonwealth of formation (i.e., where incorporated) and year of formation or
                  organization. In case of a joint venture, provide the same information for each partner in the
                  joint venture.

               c. List the number of permanent employees and provide an organization chart of the firm. Also,
                  list the employees you intend to assign to the project, include a paragraph which outlines their
                  role and responsibility, relevant experience with similar type project, and certifications.

           4. Scope of Services (15 points)

           a. Please provide a detailed comprehensive management plan and proposed strategy for providing
              Swimming Pool Maintenance Services to DCSD. Please be very detailed and specific in your
              response.

           b. Please provide a sample of report(s), with the RFP response, that will be submitted as required by
              the contract.

           5. Firm’s Relevant Experience and Expertise (25 points)

               a. Briefly describe experience specific to swimming pool maintenance services for K12 that the
                  firm has provided for various clients similar to those identified in this RFP within the last three
                  (3) years.

                   If you include services(s) managed by the firm’s employees or subcontractors while employed
                   by other entities, clearly indicate the name of the entity that was responsible for the services.

               b. Provide a brief history of the company including the years in business providing the services
                  specified in this solicitation.

               c. Describe your firms experience providing the following services:
                  1. Water Testing/ Chemical Use
                  2. Maintain maintenance logs and inspection reports
                  3. Repairing pumps, automatic chemical feed system and leaks
                  4. Emergency response.

               d. Provide a list of staff available to support DCSD and include their responsibilities, certifications
                  held and certification of classes/training completed for any services in this solicitation.




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                  6. References (10 points)

                  a. Provide the names and contact phone numbers of the three (3) clients, preferably clients comparable
                     to DCSD, for whom the Offeror is providing or has provided similar services as requested in this RFP
                     (Please provide this information on Attachment G included with this RFP).

                  7. Proposed Fixed Price (35 points) Use Owner’s “Bid Form” included in this Request for Proposal.
                  a. Indicate your proposed Fixed Price for the Services and Work as required by the Proposal
                     Documents and the Owner’s Agreement. Provide this Fixed Price Proposal Form included as
                     Attachment I with this RFP. Indicate any breakdown of the proposed Fixed Price required by the
                     “Bid Form.”
                  b. All blanks shall be filled in, and shall be filled in by typewriter or manually and legibly in ink. Where
                     so indicated on the Owner’s forms, amounts and sums shall be expressed in both words and
                     numerals, and in case of a discrepancy between the two, the amount of sum written in words shall
                     govern. Interlineations, alterations and erasures must be initialed by the signer of the Proposal.
                  c. The Fixed Price Proposal Form shall be utilized to develop Exhibit B to the Owner’s standard
                     Agreement for Services, pursuant to Article 4 thereof.


XI.           OWNER’S STANDARD FORMS REQUIRED TO ACCOMPANY PROPOSAL

              Failure to include these forms may serve as grounds for non-consideration of the entire RFP
              response.

                       Attachment A:      Contractor Checklist and Certification
                       Attachment B1:     Corporate Certificate or
                       Attachment B2:     Partnership Certificate or
                       Attachment B3:     Entity Certificate
                       Attachment C:      Subcontractor Listing
                       Attachment D:      Offeror’s and Individuals’ Affidavit of NonCollusion
                       Attachment E:      Conflict of Interest Disclosure Form
                       Attachment F:      Consent to Release Information
                       Attachment G:      Vendor Reference Form
                       Attachment H:      Suspension and Debarment Certification
                       Attachment I:      Service Contractor Fixed Price Proposal Form
                       Attachment J:      Illegal Immigration Reform and Enforcement Act of 2011
                                          Business License and any license or certifications required for this RFP
                                          Certificate of Insurance

XII.          QUALIFICATIONS FOR SELECTION AND THE SELECTION PROCESS

              The evaluation of the Proposals will be based upon consideration of the demonstrated qualifications and
              capabilities of the proposer based on the identified evaluation factors and their relative weight, which will result
              in an award that is in the best interest of the DeKalb County Board of Education.

               A Selection Committee will perform Proposal evaluations and, following completion of the evaluations and
               subject to the Owner’s right to reject any or all Proposals, the responsible and responsive offeror whose
               Proposal is determined to be the most advantageous to the Owner will be selected to perform Swimming
               Pool Maintenance Services for Chamblee High School, Columbia High School and Lakeside High School.


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                The evaluation factors that will be employed, and their relative importance, are identified in Section X,
                Evaluation Criteria.

                Offerors may be afforded an opportunity for discussion, negotiation and revision of Proposals for the purpose
                of obtaining best and final offers. In the event the Owner deems it necessary or appropriate, responsible
                Offerors found by the Owner to have submitted Proposals reasonably susceptible of being selected for award
                shall be given an opportunity to participate in such discussions, negotiations and revisions.

                The Owner reserves the right to reject any or all Proposals, before or after opening, for any reason whatsoever
                including, but not limited to, any failure of any Proposal to be accompanied by a proper Bid Bond or by other
                data required by the Proposal Documents, any incompleteness or irregularity of any Proposal received, any
                evidence of collusion with the intent to defraud or other illegal practices on the part of the GC, failure to comply
                with the requirements of the Proposal Documents, or exceeding the funds available. The Owner also reserves
                the right to waive any technicalities or informalities, and to award the Contract in the best interests of the
                Owner.

XIII.           PROTEST PROCEDURES

                Protest Process. This section describes the mandatory administrative procedure whereby offerors
                submitting sealed competitive bids/proposals (hereinafter referred to as “bidders”) to DCSD directly related
                to design and construction, for proposals worth $100,000 or more may challenge the solicitation process,
                and whereby bidders/offerors on sealed competitive bids directly related to Facilities Management for
                proposals worth $100,000 or more, may challenge contract awards.
             1. Protests. A bidder may file a written protest challenging DCSD’s compliance with applicable procurement
                 procedures subject to the bidder’s compliance with the provisions outlined below. Any such written protest
                 will be resolved in accordance with these provisions.
             2. Types of Challenges. Any bidder interested in and capable of responding to a competitive solicitation
                 may file a protest with respect to the competitive solicitation process including, but not limited to, a
                 challenge to specifications or any events or facts arising during the solicitation process. Any bidder
                 submitting a timely bid/proposal in response to a competitive solicitation may file a protest with respect to
                 DCSD’s intended or actual contract award including, but not limited to, events or facts arising during the
                 evaluation and/or negotiation process.

             3. Form of Protest. At a minimum, the written protest must include the following:
                a. the name and address of the protestor;
                b. appropriate identification of the solicitation;
                c. a statement of reasons for the protest;
                d. supporting exhibits, evidence, or documents to substantiate any claims unless not available within
                   the filing time (in which case the offeror must proceed to file the protest during the filing period
                   identified below but state the expected availability of the material); and
                e. the desired remedy.

               DCSD, at its discretion, may deem issues not raised in the initial protest as waived with prejudice
               by the protesting offeror.

             4. Filing Protests. A protest is considered to be properly filed when it is in writing, signed by a company
                 officer authorized to sign contracts on behalf of the offeror, and is received by the Design and
                 Construction Department. The protest may be sent by any of the following means:



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           MAIL: Attention:          Mr. Richard Boyd
                                     Interim Chief Operations Officer
                                     DeKalb County School District
                                     Sam A. Moss Service Center
                                     1780 Montreal Road
                                     Tucker, Georgia 30084
           FAX:                      (678) 676-1486


       The offeror must observe the following deadlines when filing a protest:
  Type of Protest                                                 Protest Filing Deadline
  Challenge to Competitive Solicitation Process                   Two (2) business days prior to the closing date and time
                                                                  of the solicitation as identified on the Invitation to Bid.
  Challenge to an Intended or Actual Contract                     In the event DCSD posts a Notice of Intent to Award
  Award                                                           (“NOIA”), the protest must be filed within ten (10) calendar
                                                                  days of the date the NOIA is posted.
                                                                  In the event DCSD does not post a NOIA, the protest
                                                                  must be filed within ten (10) calendar days of the date the
                                                                  Notice of Award (“NOA”) is posted.

If a bidder fails to file a protest by the applicable deadline, such failure shall be deemed as a waiver with
prejudice of any grounds the bidder may have for protest.

     5. Stay of Procurement During Protest Review. When a protest challenging the competitive solicitation
         process has been timely filed at least two (2) business days prior to the closing date and time, the
         solicitation shall not close until a final decision resolving the protest has been issued, unless the Facilities
         Management Department makes a written determination that the closing of the solicitation without delay
         is necessary to protect the interests of DCSD.

        When a protest challenging an intended contract award has been timely filed, DCSD shall not proceed to
        actual contract award unless the Design and Construction Department makes a written determination that the
        issuance of a contract or performance of the contract without delay is necessary to protect the interests of
        DCSD. If it is determined that it is necessary to proceed with contract performance without delay, the
        bidder/offeror with this contingent contract may proceed with performance and receive payment for work

        performed in strict accordance with the terms of the contract. The provisions of this paragraph are not
        applicable to a protest pertaining to events or facts arising during the solicitation process.

     6. Protest Resolution. The Facilities Management Department shall review and issue a written decision
         on the protest within seven (7) business days. This decision shall be deemed final. Available remedies
         for sustained protests are as follows:

                 If a protest is sustained prior to the closing date and time of the solicitation, available remedies may
                  include, but are not limited to, the following: modification of the solicitation document including, but
                  not limited to, specifications and terms and conditions; extension of the solicitation closing date and
                  time (as appropriate); and cancellation of the solicitation.




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               If a protest of the intended/actual contract award is sustained, available remedies may include but
                are not limited to, the following: revision or cancellation of the NOIA/NOA, re-evaluation and re-
                award, or re-solicitation with appropriate changes to the new solicitation.

     7. Costs. In no event shall a bidder be entitled to recover any costs incurred in connection with the
        solicitation or protest process, including, but not limited to, the costs of preparing a bid/proposal, the
        costs of participating in the protest process, or any attorney fees.


                                       (END OF RFP – SEE ATTACHMENTS)




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