PERFORMANCE BOND WAIVER
| 1.0 | Performance Bond Waiver Policy |
It is the policy of the Department of Education (DOE) to waive the requirement of a performance bond on Information Technology (IT) State Term Contracts, only under the following conditions:
| a. | The project for which the performance bond waiver is being requested shall be for staff | ||
augmentation services; or
| b. | The service is on a time and materials basis rather than a fixed deliverable basis; or | ||
| c. | There are extraordinary circumstances, and it is determined to be in the best interest of the State. | ||
A complete explanation of any extraordinary circumstance and how it is in the best interest of the
state to waive the bond requirement must accompany the request.
A program director may request waiver of this requirement by certifying and returning this form with the following attachments:
| a. | Documentation of the Contractor name, total dollar amount for the services being provided, the state term contract number, and the bonding capacity of the Contractor. |
b. Identify the agency personnel who shall supervise all Contractor personnel.
| c. | A detailed description of all state-owned systems, databases, or other programs that are affected by the Contractor’s work. Include the total replacement value of the information contained in the state-owned systems, databases or other programs affected by the Contractor’s services. The total replacement value calculation should be available through an agency Disaster Recovery Plan, Y2K data, or in consultation with the STO. |
d. A copy of the Contractor’s Professional Liability (Errors & Omissions) Insurance Policy, including the amount of the policy. The policy must be equal or greater than the total replacement value of the specified state-owned systems, databases or other programs affected by the Contractor’s services. The State must be named as an additional insured.
| e. | A list of all Contractor’s existing IT contracts with the State of Florida, including contract amounts and percentage of completion. The Contractor agrees that in the event that multiple service contracts are awarded, the Contractor shall carry sufficient Professional Liability (Errors & Omissions) Insurance to cover the total replacement value of all state-owned systems, databases or other programs being serviced by the Contractor. | ||
PERFORMANCE BOND WAIVER
PAGE TWO
2.0 Approvals
PROGRAM AREA DIRECTOR: I hereby certify that all requirements have been met and all required documentation has been attached to this waiver request.
_____________________________ ____________________________
Program Area Director Signature Date
_____________________________ ____________________________
Requesting Program Area State Contract No./PO Reference
DOE Contract Number
CONTRACTOR: I hereby certify that all requirements have been met and all required documentation has been attached to this waiver request.
_____________________________ ____________________________
Authorized Signature Date
_____________________________
Contractor/Company Name
DEPARTMENT OF EDUCATION:
A. _____________Waiver Approved
Technology Date
B. _____________Waiver Approved, with the following conditions.
Technology Date
C. ______________ Waiver Not Approved.
Technology Date
_____________________________ ____________________________
Chief Operating Officer Date
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