1-2026023-025 As-Needed Laboratory Analytical Services Final.pdf

CONTRACT # 2026023-025

INVITATION TO BID

FINANCE & ADMINISTRATION DIVISION

CHRISTINA SACKETT, CHIEF FINANCIAL OFFICER

PURCHASING DEPARTMENT

TAYLOR KLINKO, PURCHASING SPECIALIST I

Website: http://www.tampabaywater.org E-Mail: purchasing@tampabaywater.org

2575 ENTERPRISE ROAD

CLEARWATER, FLORIDA 33763-1102

CONTRACT Nos. 2026023, 2026024 and 2026025

TITLE: AS-NEEDED LABORATORY ANALYTICAL SERVICES

BID SUBMITTAL DEADLINE: 10:00 a.m. Eastern Standard Time (“EST”), on January 7, 2026

PUBLIC BID OPENING: 10:30 a.m. EST, on January 7, 2026, at Tampa Bay Water Administrative Offices located at 2575 Enterprise Road, Clearwater, Florida 33763-1102

IMPORTANT NOTICE: Tampa Bay Water issues its solicitations electronically through its electronic procurement (e-procurement) portal, Euna Procurement. All addenda to such solicitations will be issued exclusively through Euna Procurement. If Bidder obtained this solicitation from a source other than Euna Procurement, Bidder will not be listed on the document takers list and will not receive notification of any addenda issued. Failure to receive any issued addenda shall not relieve the Bidder from any obligation(s) contained in the addenda.

To access Tampa Bay Water solicitations, any addenda and Bid results, go to:

https://tampabaywater.bonfirehub.com. If Bidder needs assistance in registering with Euna Procurement send an email to: support@gobonfire.com or visit Euna Procurement’s help forum at https://vendorsupport.gobonfire.com/hc/en-us.

http://www.tampabaywater.org/ mailto:purchasing@tampabaywater.org https://tampabaywater.bonfirehub.com/ mailto:support@gobonfire.com https://vendorsupport.gobonfire.com/hc/en-us

Table of Contents

BID DATA PAGE

STATEMENT OF “NO BID”

PART I - BACKGROUND & GENERAL INFORMATION

PART II - GENERAL CONDITIONS

PART III - ADDITIONAL CONDITIONS

PART IV - BID FORMS

PART V - TECHNICAL SPECIFICATIONS AND EXHIBITS

PART VI - SAMPLE CONTRACT

BID DATA PAGE

KEY DATES AND IMPORTANT INFORMATION

TITLE: As-Needed Laboratory Analytical Services

CONTRACT NOS.: 2026023, 2026024 and 2026025

DESCRIPTION OF BID:

Tampa Bay Water requires analytical data for samples collected by Tampa Bay Water staff. The purpose of this Bid is to provide As-Needed Laboratory Analytical Services to the Tampa Bay Water Laboratory at 8825 Pump Station Road, Land O’Lakes, FL 34639.

BID SUBMITTAL DEADLINE:

10:00 a.m. EST, on January 7, 2026

BID SUBMITTAL INSTRUCTIONS:

Tampa Bay Water prefers and strongly encourages electronic submission of Bids through its e-procurement portal at https://tampabaywater.bonfirehub.com. Refer to Part I, General Information and Instructions, Section 11 for more detailed instructions. Bidders unable to submit electronically are directed to deliver sealed Bids to the following address no later than the above-referenced Bid Submittal Deadline:

Tampa Bay Water Records Department – Attention: Purchasing

2575 Enterprise Road Clearwater, Florida 33763

All hard copy Bids should be labeled with the Bidder’s name and marked “SEALED BID FOR AS-

NEEDED LABORATORY ANALYTICAL SERVICES, CONTRACT NUMBERS 2026023-025”.

OPENING OF BIDS:

Bids will be publicly opened at the above address on the date of the Bid Submittal Deadline at 10:30 a.m. EST.

https://tampabaywater.bonfirehub.com/

STATEMENT OF “NO BID”

IMPORTANT NOTICE TO CONTRACTORS/SUPPLIERS: Your feedback is important to Tampa Bay Water. If you do not intend to submit a Bid, please return this Statement of “No Bid” noting your reason below and email it to records@tampabaywater.org. You may also mail it to the following address:

Tampa Bay Water 2575 Enterprise Road

Clearwater, Florida 33763 Title:

Contract Number:

If you elect not to submit a bid, please indicate the reason below:

☐We do not offer this product/service or an equivalent

☐Our schedule would not permit us to perform

☐Insufficient time or resources to respond to solicitation

☐Unable to meet specifications

☐Specifications not clear

☐Unable to meet bond and/or insurance requirements

☐Specifications “too tight”/restrictive (i.e. geared to specific brand or manufacturer)

☐Subcontractor (submitted bid to General Contractor)

☐Other (please explain):

Date:

Name:

Signature:

Title:

Company:

Address:

Email: Phone:

mailto:records@tampabaywater.org

PART I - BACKGROUND & GENERAL INFORMATION

1. TAMPA BAY WATER BACKGROUND INFORMATION

Tampa Bay Water is the largest wholesale water supplier in Florida, providing high-quality drinking water to its Member Governments that, in turn, supply water to more than 2.5 million residents of the Tampa Bay area. Tampa Bay Water’s Member Governments include Hillsborough, Pasco and Pinellas counties and the cities of New Port Richey, St. Petersburg and Tampa.

The utility’s mission is to reliably provide clean safe water to the Tampa Bay Region now and for future generations.

Tampa Bay Water is a non-profit, special district of the State of Florida-a true regional utility, funded through the sale of water to its Member Governments. Through Tampa Bay Water, the utility’s members work together to develop and supply drinking water to the region in an environmentally sound manner. Members share voting rights equitably among the three counties and pay the same wholesale water rates.

Tampa Bay Water was created in 1998 by interlocal agreement among its Member Governments.

Policies are established by a nine-member board of directors, with two elected commissioners from each member county and one elected representative from each member city.

To learn more, visit tampabaywater.org.

2. COOPERATIVE BID INTENT

It is the intent of this Solicitation to make available to other government entities of the State of Florida the right to purchase, by mutual agreement with the Contractor, the same Goods and/or Services, at the Contract prices, for the term of this Contract.

3. PURPOSE

The purpose of this Invitation To Bid (“ITB”) is to solicit responses from qualified firms or individuals to provide As-Needed Laboratory Analytical Services to the Tampa Bay Water Laboratory at 8825 Pump Station Road, Land O’Lakes, FL 34639. Tampa Bay Water requires analytical data for samples collected by Tampa Bay Water staff. Bidders should have an established reputation and documented successful experience in providing As-Needed Laboratory Analytical Services. The Bidder(s) selected is expected to have appropriately experienced staff and resources to provide comprehensive, reliable goods/services.

4. BID PRICE FORM

Bidders submitting through Euna Procurement (Preferred) will be prompted to complete the Bid Price Table or provide the Lump Sum Bid amount in the Requested Information section when submitting. Do not use a “$” sign – input only numbers. Bids submitted through Euna Procurement remain electronically sealed and are not visible to Tampa Bay Water or other Bidders until after the Bid is closed.

Bidders providing hard copy submittals must complete the Bid Price Form included herein. The Bid Price Form shall be completed in ink or typewritten. Bidders must fill in all blank spaces on the Bid Price Form. No changes shall be made in the wording or format of the forms. In case of a discrepancy between unit prices and extended totals, unit prices shall prevail.

No addition or deletion of the terms or conditions included with the Bid response shall be evaluated or considered and any and all such revisions shall have no force or effect and are inapplicable to this ITB. No submission by the Bidder, whether purposely or inadvertently, in any format including, but not necessarily limited to, transmittal letters, specifications, literature, price lists or warranties, may constitute a revision to these instructions. It is understood and agreed that https://www.tampabaywater.org/ the instructions and the general and special conditions in this ITB are the only conditions applicable to this ITB and Bidder’s authorized signature affixed to the Bidder’s submittal constitutes acknowledgment of this fact.

Any submittal may be deemed non-responsive which contains omissions, erasures, alterations, or additions of any kind, prices uncalled for or which may be obviously unbalanced, or any information which in any manner shall fail to conform to the requirements provided for herein.

5. ADDITIONAL INFORMATION REQUIREMENTS

Prior to a recommendation for award, Tampa Bay Water may require the apparent low Bidder(s) to demonstrate qualifications to furnish the specified Goods and/or Services under the Contract.

Bidder(s) must be prepared to submit written information requested by Tampa Bay Water within five (5) business days of a request. Tampa Bay Water may review Bidder’s prior experience, references and previous contracts for similar Goods and/or Services. In addition, Tampa Bay Water may request the Bidder’s: three (3) most recent years of audited financial statements;

unaudited financial statements if audited statements are not available; Balance Sheets; Income Statements; Statements of Cash Flows; or other documents approved by Tampa Bay Water which establish the financial health of the Bidder(s). Financial statements provided to Tampa Bay Water should be prepared in accordance with U.S. Generally Accepted Accounting Principles (GAAP).

As an alternative method of providing financial assurance of the Bidder’s ability to perform, Tampa Bay Water may consider a letter of credit issued by an acceptable surety in an amount sufficient to secure the Bidder’s completion of the work.

6. BID DOCUMENTS NECESSARY FOR SUBMITTAL

The Bid Price Form, all documents listed in the Requested Information section in the Euna Procurement portal, and an electronic copy of the Bid bond/security (if applicable) shall be included with the electronic submittal. The original bid bond/security (if applicable) must be delivered via mail, courier (UPS, FedEx, etc.) or in person. The following documents, together, comprise a responsive submittal. Bidder(s) shall prepare the documents in the file formats (Excel, PDF, etc.) listed under the Requested Information section for this opportunity in the Euna Procurement portal.

• Addendum Acknowledgment Form (Hard Copy Submittals Only)

• Bid Price Form (Hard Copy Submittals Only)

• Authorized Signature Form

• Affidavit Form

• Bid Bond/Security (Copy if electronic, original to be delivered.)

• Bidder’s Reference List

• Business License

• State and/or NELAC Drinking Water or Environmental Certificate per Specification

Section 2.a.

• State Laboratory Scope of Accreditation Form per Specification Section 2.b.

• State Approved Quality Assurance Manual per Specification Section 2.c.

7. SALES AND USE TAXES

Tampa Bay Water is exempt from State sales tax on equipment or material purchased directly from the Bidder(s). Such taxes should not be included in the prices.

8. COMPLETE PRICING

All prices submitted must reflect delivered cost which includes all packing, handling, shipping charges, applicable taxes (if any), discounts, and delivery to Tampa Bay Water. Unless stated otherwise, it is understood and agreed that all items offered or shipped as a result of this solicitation shall be new, current, standard models available at the time of the solicitation. All containers shall be suitable for storage or shipment and all prices shall include standard commercial packing.

9. MULTIPLE SUBMITTALS PROHIBITED

Only one submittal from any individual, firm, partnership, or corporation, under the same or different names, shall be considered. Should it appear to Tampa Bay Water that any Bidder has an interest in more than one submittal for the Goods and/or Services under the Contract, all submittals in which such Bidder has an interest shall be rejected.

10. SIGNATURE AND AUTHORIZED SIGNATURE FORM

Tampa Bay Water accepts electronic signatures. The Bidder shall sign its submittal in the appropriate space provided. If Bidder is a corporation, the legal name of the corporation shall be set forth above the signature, together with the signature of an officer or agent authorized to sign Contracts accompanied by evidence of authority to sign on behalf of the corporation. If Bidder 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 accompanied by evidence of authority to sign on behalf of the partnership. If signature is by an agent, other than an officer of the corporation or a member of a partnership, a notarized power-of-attorney must accompany the submittal.

Failure to provide evidence of signature authority may cause the submittal to be regarded as not properly authorized and may subject the submittal to rejection.

11. SUBMITTAL REQUIREMENTS

A. Electronic Submittals are preferred and highly encouraged and may be submitted electronically via Tampa Bay Water’s e-procurement portal at https://tampabaywater.bonfirehub.com. To submit a response electronically Bidders must register with Euna Procurement and follow the instructions in the portal. Minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. Javascript and browser cookies must be enabled. Maximum upload file size is 1000MB. Documents should not be embedded within uploaded files as the embedded files will not be accessible. Bidders will have the ability to modify their submission up to the Submittal Deadline in Euna Procurement. Submissions must be uploaded, submitted, and finalized prior to the Submittal Deadline at 10:00 a.m. EST, January 7, 2026. Tampa Bay Water strongly recommends that Bidders give themselves sufficient time and at least one (1) day before the Submittal Deadline to begin the uploading process and finalize submissions. Tampa Bay Water is not responsible for any technical problems in the electronic transmission and/or delay in receipt due to technical problems. Such electronic transmittal errors will not alter or effect the Submittal Deadline. If Bidder requires assistance, contact Euna Procurement at support@gobonfire.com.

B. Non-Electronic Submittals are accepted if Bidder is not able to submit electronically.

Submittal must be received in Tampa Bay Water’s office located at 2575 Enterprise Road, Clearwater, Florida 33763-1102 no later than 10:00 a.m. EST, January 7, 2026. A signed original, and one (1) digital copy on a CD or flash drive, of the complete submittal, shall be submitted. Submittals will be retained as property of Tampa Bay Water. As such, all responses are public record, subject to public review.

C. Sealed Submittals must be submitted in accordance with the Submittal Deadline and clearly marked “Sealed Bid” and addressed as follows:

mailto:support@gobonfire.com

TAMPA BAY WATER

2575 Enterprise Road

Clearwater, Florida 33763-1102 Attention: Records Department

TAMPA BAY WATER CONTRACT # 2026023-025

D. Late Submittals will not be considered. No submittals can be withdrawn after the Submittal

Deadline without the written permission of Tampa Bay Water. Any inquiries, discrepancies or inconsistencies in the instructions to Bidders or ITB requirements should be submitted through the Vendor Discussion section in Euna Procurement or via email to purchasing@tampabaywater.org only if Bidder is unable to register in Euna Procurement.

12. PRE-BID CONFERENCE AND INQUIRIES

A Pre-Bid Conference will not be held for this solicitation. To ask questions concerning this ITB solicitation process, required submittals, Bid Price Form, evaluation criteria, selection process or any other matter regarding this procurement Bidders are strongly encouraged to register with Tampa Bay Water’s e-procurement portal at https://tampabaywater.bonfirehub.com and initiate the questions electronically through the Vendor Discussions feature. If Bidder is unable to register in Euna Procurement, questions can be emailed to purchasing@tampabaywater.org. Tampa Bay Water will accept additional written inquiries via the Vendor Discussion feature in Euna Procurement (preferred method) or at the email address above until 5:00 p.m. EST on December 12, 2025. Additional information, if any, will be provided to all Bidders via a written addendum through Euna Procurement.

13. COMMUNICATIONS/DESIGNATED CONTACT

Tampa Bay Water is committed to a fair, open process for interested parties to receive information about the ITB and/or award of the Contract. All questions concerning this ITB and/or the procurement process must be directed electronically through Euna Procurement on the Vendor Discussion page or submitted via email to purchasing@tampabaywater.org.

All inquiries are subject to distribution to all Bidders. Except for as provided herein, any other contact with Tampa Bay Water staff, Board members, Tampa Bay Water Advisors, or other key stakeholders by a Bidder concerning any matter relating to this procurement is prohibited and is grounds for disqualification of the Bidder.

14. ADDENDA

Tampa Bay Water reserves the right to revise or amend this ITB. Such revisions and amendments, if any, shall be announced by Addenda to this ITB and posted via Tampa Bay Water’s e-procurement portal, Euna Procurement at https://tampabaywater.bonfirehub.com and available via link on Tampa Bay Water’s website. The Public Bid Opening shall be at least five (5) working days after the last Addenda is published.

15. ACCEPTANCE AND RIGHT OF REJECTION

Bidder understands that submittals are to remain open for an acceptance period of ninety (90) days after the Public Bid Opening date for evaluation purposes. Tampa Bay Water serves the right to reject all Bids.

16. WAIVER OF MINOR IRREGULARITIES OR ERRORS

Tampa Bay Water reserves the right to either 1) waive any minor irregularities or clerical errors which are not material to the ITB or which do not prejudice other Bidders; or 2) to reject any and mailto:purchasing@tampabaywater.org https://tampabaywater.bonfirehub.com/ mailto:purchasing@tampabaywater.org mailto:purchasing@tampabaywater.org all submittals as non-responsive. Conditional Bids or those which take exception to any provision of the ITB may be considered non-responsive and may be rejected.

17. AWARD

Tampa Bay Water will award up to three (3) Contracts for the services included herein to the lowest responsive, responsible Bidder(s) deemed most qualified to provide the specified Goods and/or Services. The successful Bidder(s) must be registered to do business in the State of Florida.

Information regarding registration can be found at the Florida Department of State, Division of Corporations website at http://dos.myflorida.com/sunbiz.

Notification of Tampa Bay Water’s award resulting from this solicitation will be posted through Tampa Bay Water’s e-procurement portal, Euna Procurement at https://tampabaywater.bonfirehub.com and accessible via link on Tampa Bay Water’s website.

Bidders are hereby notified that Section 287.05701, Florida Statutes, requires that Tampa Bay Water may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor.

[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]

http://dos.myflorida.com/sunbiz

PART II - GENERAL CONDITIONS

1. EXPENSES

Tampa Bay Water accepts no responsibility for any expenses incurred in the Bidder’s preparation of their submittal; such expenses are to be borne exclusively by the Bidder. All costs and expenses incurred by a Bidder, or any person working on behalf of a Bidder, in connection with the ITB, including the preparation and submission of a Bid, providing additional information, attendance at meetings, and any other actions taken by a Bidder in response to the ITB shall be the sole responsibility of the Bidder. Tampa Bay Water and its agents, officers and directors shall have no responsibility or liability for any costs, damages or expenses incurred by Bidder, team members or any other person as a result of this ITB.

2. BID SECURITY/BOND

The Bid Security/Bond is required for this ITB and shall be given as a guarantee that the Bidder will not withdraw its Bid for a period of ninety (90) days after the public Bid opening. The Bid Security/Bond shall be in the amount of $5,000.00. The Bid Security/Bond may be submitted in the form of Florida Bid Bond issued by a surety authorized to issue such bonds in the State of Florida, cashier’s check drawn on a bank in good standing, or a certified check. The Florida Bid Bond Form is included herein.

A. Electronic submittals received through Euna Procurement must include a copy of the Bid

Security/Bond. The original Bid Security/Bond must be delivered to Tampa Bay Water physically via mail, delivery service or in-person. If submitting electronically, banking information may be redacted on copies of checks. Original checks must be delivered unaltered.

B. Hard copy submittals must include the original Bid Security/Bond.

3. INTERPRETATION

By submitting a Bid, Bidders acknowledge that Tampa Bay Water is the interpreter of these Goods and/or Services Contract documents.

4. PUBLIC RECORDS

A. Bidder, by submitting a Bid, acknowledges that the Bid is a public record subject to public review. Further, Bidder acknowledges Tampa Bay Water’s legal obligation in accordance with Chapter 119, Florida Statutes, to respond to all public records requests in a timely manner and expressly waives any right to contest, impede, prevent or delay such disclosure, or to initiate any proceeding that may have the effect of impeding, preventing or delaying such disclosure, unless the Bidder establishes its right to a public records exception. It is the responsibility of the Bidder alone to establish its right to any such exception. Under no circumstances will Tampa Bay Water be responsible or liable to a Bidder or any other party as a result of disclosing any such information or materials.

B. Bidder may clearly mark each page of the submittal that contains trade secrets or other confidential commercial or financial information which the Bidder believes should not be disclosed outside of Tampa Bay Water. Disclosure of requested information will be determined in accordance with Florida laws, rules and regulations. Bidders are informed that Tampa Bay Water is subject to the Florida Public Records and Sunshine Laws.

C. Bidder, by submitting a Bid acknowledges and agrees that if awarded a Contract as a result of this ITB the following conditions will be made a part of the Contract.

• Contractor must keep and maintain all public records required by Tampa Bay Water to perform services under the Contract.

• Upon request from Tampa Bay Water’s custodian of public records, Contractor shall provide Tampa Bay Water with a copy of the requested public records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 110, Florida Statutes, or as otherwise provided by law.

• Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the records to Tampa Bay Water.

• Upon completion of the Contract, Contractor shall transfer, at no cost, to Tampa Bay Water all public records in the possession of the Contractor or keep and maintain public records required by Tampa Bay Water to perform the services under the Contract. If the Contractor transfers all public records to Tampa Bay Water upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Tampa Bay Water, upon request from Tampa Bay Water’s custodian of public records, in a format that is compatible with the information technology systems of Tampa Bay Water.

D. Each Bidder, by submitting a bid further understands that if awarded a contract, the following instructions will apply throughout the life of the contract.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT TAMPA BAY

WATER’S CUSTODIAN OF PUBLIC RECORDS VIA PHONE (727)

796-2355 OPTION 6; EMAIL RECORDS@TAMPABAYWATER.ORG;

OR MAIL AT 2575 ENTERPRISE ROAD, CLEARWATER, FLORIDA

33763.

5. CONVICTED VENDOR, DISCRIMINATORY VENDOR LISTS, AND SCRUTINIZED

COMPANIES LIST

A. Pursuant to Subsections 287.133(2) and (3), Florida Statutes, Bidder acknowledges that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a Contract, provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

B. Pursuant to Subsection 287.134(2)(a), Florida Statutes, Bidder acknowledges that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, mailto:RECORDS@TAMPABAYWATER.ORG subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

C. Pursuant to Section 287.135, Florida Statutes, Bidder acknowledges that a company that has been placed on the Scrutinized Companies with Activities in Sudan List; the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List; or the Scrutinized Companies that Boycott Israel List or a company that engages in a boycott of Israel, is ineligible and may not submit a bid, proposal, or enter into or renew a contract with an agency for goods or services of $1 million or more. At the time of submission of a bid, proposal or reply for a contract or contract renewal for goods or services of $1 million or more, the company must certify that it is not on either such list and further that it does not have business operations in Cuba or Syria as required by Section 287.135(5), Florida Statutes.

D. Pursuant to Section 287.135, Florida Statutes, Bidder acknowledges that Tampa Bay Water has the option to terminate any contract for goods or services of $1 million or more if the awarded company is found to have submitted a false certification as provided under Section 287.135(5), been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in Business operations in Cuba or Syria.

E. Pursuant to Section 287.135, Florida Statutes, Bidder acknowledges that Tampa Bay Water has the option to terminate any contract for goods or services of any amount one hundred thousand dollars ($100,000.00) or more if the awarded company is found to have or been placed on the Scrutinized Companies or Other Entities that Boycott Israel List or is engaged in a boycott of Israel.

6. FOREIGN COUNTRIES OF CONCERN

Pursuant to Section 287.138, Florida Statues, Tampa Bay Water may not enter into a contract with an entity that gives access to an individual’s personal identifying information if the entity is owned, controlled or organized under the laws of a Foreign Country of Concern which includes the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, the Syrian Arab Republic, or any other entity or agency under the significant control of such Foreign Country of Concern.

7. NON-COLLUSION

The Bidder declares that the only person(s) or party(s) interested in this submittal are those named herein, that this submittal is, in all respects, fair and without fraud, that is made without collusion with any official of Tampa Bay Water and that the submittal is made without any connection or collusion with any person submitting another submittal on the Contract included herein. By submitting a Bid in response to this ITB, Bidder also represents that its submittal has been prepared without collusion or fraud and in fair competitions with other Bidders, without any restraint on free competition, and acknowledges that Tampa Bay Water is acting in reliance upon that representation.

8. EMPLOYEE VERIFICATION

In accordance with Section 448.095, Florida Statutes, the Bidder acknowledges it has registered with and utilizes the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by Bidder. The Bidder must also include a requirement in subcontracts that the subcontractor must register with and utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. If the Bidder enters into a Contract with a subcontractor, the subcontractor must provide the Bidder with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with any unauthorized alien. The Bidder shall maintain a copy of this affidavit for the duration of the Contract.

9. ANTI-HUMAN TRAFFICKING

In accordance with Section 787.06, Florida Statutes, the Bidder must provide Tampa Bay Water with an affidavit regarding Human Trafficking. Bidder attests, under penalty of perjury, that Bidder does not use coercion for labor or services as defined in Section 787.06, Florida Statutes.

10. AFFIDAVIT FORM

The affidavit included herein must be completed by the Bidder and included in the submittal provided to Tampa Bay Water in response to this ITB. This affidavit will attest that the Bidder 1) has made this submittal without collusion with any official of Tampa Bay Water and without any connection or collusion with any person submitting another Bid on the Contract included herein;

2) does not employ, contract with, or subcontract with an unauthorized alien; and 3) does not use coercion for labor or services, as detailed in the above sections.

11. CONTRACT FORM AND ACCEPTANCE

The Bidder has familiarized itself with the nature and extent of the Contract Forms included herein, the sites, the localities and all local conditions and laws and regulations that may in any manner affect cost, schedule, progress, performance or furnishing of the Goods and/or Services under the Contract included herein. Bidder accepts the terms and conditions of the Contract.

The Bidder proposes and agrees that if this Bid is accepted it shall enter into a Contract with Tampa Bay Water in the form included herein as the Contract and perform and furnish all Goods and/or Services under the Contract for the Contract price, within the Contract time, and in accordance with the other terms and conditions of the Contract include herein.

12. CONTRACT EXECUTION, INSURANCE FORMS AND BONDS

The successful Bidder agrees that, upon receipt of the Notice of Award, it shall execute and deliver to Tampa Bay Water one (1) digital original or two (2) original hard copies of the Contract and the required Certificates of Insurance, which are included herein, within fifteen (15) business days of receipt of the Notice of Award. No work can begin or goods can be delivered prior to Tampa Bay Water’s receipt and approval of the insurance and bond forms.

13. NOTIFICATION OF RIGHT TO PROTEST

Notification of Tampa Bay Water’s decision regarding this ITB will be posted on Euna Procurement at https://tampabaywater.bonfirehub.com and accessible via the link on Tampa Bay Water’s website.

14. FAILURE TO FILE A PROTEST

Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post a bond or other security required by law within the time allowed for filing a protest shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. This includes, but is not limited to, any objection to or protest of this ITB, Notice of Award, the form and content of the submittal and/or the actions of Tampa Bay Water.

PART III - ADDITIONAL CONDITIONS

1. TAMPA BAY WATER’S RIGHT’S

Tampa Bay Water reserves the right to reject any and all Bids, to waive any and all minor irregularities and technicalities, to negotiate terms with the Successful Bidder, and reserves the right to disregard all nonconforming, non-responsive or conditional Bids and to re-solicit Bids, as may be deemed to be in the best interest of Tampa Bay Water. Tampa Bay Water further reserves the right to delete line items from consideration. The decision made by Tampa Bay Water in selection of the successful Bidder and award of the Contract included herein will be final. Tampa Bay Water reserves the right, in its sole and absolute discretion, to:

• Amend, suspend, or terminate this ITB;

• Revise and modify, at any time prior to the Submittal Deadline, factors it will consider in evaluating submittals and to otherwise revise its evaluation methodology;

• Extend dates, time periods or deadlines in this ITB;

• Reject any and all Bids in whole or in part which are non-conforming, non-responsive, or conditional Bids;

• Waive minor deficiencies, informalities, irregularities or defects in a Bid;

• Suspend and/or terminate this procurement process at any time;

• Reissue the same ITB or a different ITB for this project;

• Hold meetings and conduct discussions and issue correspondence with one or more of the

Bidders to seek an improved understanding and evaluation of the Bids;

• Use assistance of outside advisors (e.g., technical, financial, procurement and legal advisors) in the evaluation process;

• Accept Bids that in its judgment will be in the best interest of Tampa Bay Water;

• Suspend, discontinue and/or terminate Contract negotiations with any Bidder at any time prior to the actual authorized execution of such Contract by all parties; and/or

• Exercise all rights available to it under this ITB and other provisions of applicable Florida law pertaining to this ITB without incurring any liability for costs, expenses or damages of any nature whatsoever suffered or incurred by any Bidder, team member or any other person.

2. DISQUALIFICATION

Without limiting the foregoing, Tampa Bay Water may disqualify and reject any Bidder (including its sub-consultants, affiliates, partners and parent organizations) that:

• Fails to include information in its Bid required by this ITB;

• Engages in conduct prohibited by this ITB;

• Fails to obtain Tampa Bay Water’s consent for any action when required by this ITB;

• Is involved in pending litigation concerning Tampa Bay Water or its Member Governments;

Submits false or misleading information in its Bid;

• Has a conflict of interest;

• Fails to disclose any information which, if disclosed, would materially adversely affect Tampa

Bay Water’s evaluation of the Bid; or

• Otherwise fails to comply with or breaches any material requirement of this ITB.

3. NON-BINDING

The issuance of this ITB does not bind or obligate Tampa Bay Water to enter into a Contract with any person or legal entity, nor does the ITB constitute an offer to enter into a Contract with any person or entity. Tampa Bay Water and its agents and representatives are not liable for any delays, interruptions, failures or irregularities in sending or receipt of any communications or submissions, or for the loss, misdirection or corruption of any such communication by Bidder with Tampa Bay Water. Bidder is solely responsible for meeting all deadlines and submission requirements of this

ITB.

4. INITIAL TERM

The initial term of the Contract shall be from date of execution through March 31, 2031.

5. SUPPLEMENTAL CONTRACT EXTENSION PERIOD

Tampa Bay Water has the option and reserves the right to unilaterally extend the original contract term or any renewal term for up to ninety (90) additional days, at the same terms and conditions.

Notice of Tampa Bay Water’s intent to extend shall be provided in writing to the selected Bidder thirty (30) days prior to the expiration of the Contract, or the renewal period if the Contract has been previously renewed.

6. FORCE MAJEURE

The Successful Bidder 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 acts of God, declared disaster, fire, loss or shortage of transportation facilities, lockout or commandeering of raw materials, products, plants or facilities by the government. That Successful Bidder shall provide Tampa Bay Water satisfactory evidence that non-performance is due to cause other than fault or negligence on its part.

7. PROVISION FOR OTHER AGENCIES

Unless otherwise stipulated by the Bidder, the Bidder agrees to make available to all government agencies, departments, and municipalities the Bid prices submitted in accordance with said Bid terms and conditions therein, should any said governmental entity desire to buy under this Contract. Eligible users shall mean all state of Florida agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the Contract. Tampa Bay Water shall not be liable for the obligations of any other agency which uses this Contract under this provision.

8. CONSUMPTION ESTIMATES

The quantities appearing in the Bid Price Form are based on historical usage and Tampa Bay Water’s anticipated needs at the time of the solicitation. However, since changes can occur, they should be considered approximate and are intended for the solicitation of Bids. Payment to the Successful Bidder will be made only for the actual quantities of items furnished in accordance with the Contract and it is understood that the scheduled quantities of items to be furnished may be increased, decreased, or omitted without in any way invalidating Bid prices.

9. F.O.B. DESTINATION – FREIGHT PRE-PAID

Successful Bidder shall pay all shipping and/or freight charges. The Successful Bidder shall file all claims and bear responsibility for the products from the point of origin all the way to Tampa Bay Water’s specified delivery location(s). Bid prices shall be inclusive of all shipping and freight charges, prepaid, and unloaded to location(s) specified in the Bid documents. Actual delivery addresses are in the Technical Specifications section or shall be identified at the time of order.

10. SIMILAR SERVICES

The Bidder acknowledges and agrees that the separate prices on the Bid Price Form, where they are applicable and deemed acceptable by Tampa Bay Water, will be used by Tampa Bay Water and the Bidder, if awarded the Contract included herein, whenever similar service is added to the Contract.

11. NEW PRODUCT(S)

The Successful Bidder shall guarantee that the product(s) provided under this Contract shall be new and shall be of first quality as to the raw materials and methods of manufacture used for said product(s). If circumstance arise causing the Successful Bidder to offer reconditioned, used or refurbished product, the Successful Bidder must first obtain permission in writing from Tampa Bay Water and shall resume providing new products at the earliest possible time.

12. VENDOR’S STOCK

The Successful Bidder shall agree to hold or maintain access to adequate stock of any item awarded in this Bid. The lead time(s) for such stock shall not exceed the lead time or maximum delivery time period(s) as specified in this Bid. Should product not be available, Tampa Bay Water reserves the right to procure product from another source and charge any additional costs for such procurement including expedited shipping to the Successful Bidder.

13. WARRANTY

The Successful Bidder shall guarantee that all product supplied shall meet specifications upon delivery and be free from defects in material, composition or performance for a period of one (1) year after acceptance by Tampa Bay Water, or the manufacturer’s standard warranty period, whichever is greater. Acceptance shall be defined as thirty (30) days after delivery or as specifically defined elsewhere in this document whichever is greater. Successful Bidder shall bear all costs to replace goods, their spare parts or components in full and/or repair defects within this timeframe, including transportation of goods to and from a designated repair facility and shipping costs of replacement parts.

14. PRICE ESCALATION/DE-ESCALATION

Tampa Bay Water will allow a price escalation/de-escalation provision within this award. The original Bid prices shall be firm for a one (1) year minimum period from the date of the Contract execution. A price escalation/de-escalation will be allowed only once per calendar year. The Successful Bidder must notify Tampa Bay Water, in writing, of the pending price escalation/de-escalation a minimum of ninety (90) days prior to the effective date of the price escalation/de-escalation. In the case of a price escalation/de-escalation, said notification shall include, the amount of the price escalation, and suitable proof such as documentation of the manufacturer’s price increase (or insert the appropriate index reference DPI, PPI, etc.). Increases will apply only to products and/or services affected by an increase in a raw material, ingredient, labor, or another significant like cost factor. The proof must substantiate the increase and be approved by Tampa Bay Water’s Purchasing Manager. The price increase shall not change the Selected Bidder’s profit margin. Failure to comply with these instructions shall be grounds for disallowance of a price escalation as allowed herein.

The Successful Bidder agrees to monitor market indicators and ensure that if market prices have decreased for like factors above, affecting supply and demand; that a price decrease is offered to Tampa Bay Water for the same period. Successful Bidder further agrees to provide a market evaluation to Tampa Bay Water once per calendar year as market conditions may dictate, but no later than sixty (60) calendar days prior to each period expiration) to provide justification for a request for either an Escalation or a De-Escalation.

15. NON-APPROPRIATION OF FUNDS

In the event no funds or insufficient funds are appropriated for expenditures under this award, Tampa Bay Water will notify the Selected Bidder in writing of such occurrence and the award shall terminate without penalty or expense to Tampa Bay Water on the last day of the fiscal year in which sufficient funds have been appropriated.

PART IV - BID FORMS

• ADDENDA ACKNOWLEDGMENT FORM

• BID PRICE FORM

• AUTHORIZED SIGNATURES FORM

• NON-COLLUSION AFFIDAVIT FORM

• GENERAL AFFIDAVIT FORM

• FLORIDA BID BOND

• BIDDER’S REFERENCE FORM

ADDENDA ACKNOWLEDGMENT FORM

(USE FOR HARD COPY SUBMITTALS ONLY)

The Bidder acknowledges that he has received Addenda Number(s):

Number Addendum Title Initials

Bidder shall insert number and name of each addendum received and agrees that all addenda issued are hereby made a part of the proposed Contract Forms, and the Bidder further agrees that its Bid is submitted after consideration of said addenda.

BID PRICE FORM

(USE FOR HARD COPY SUBMITTALS ONLY)

PROPOSED TOTAL BASIS OF AWARD BID PRICE

Amount Written in Words

Firm Name Date

Firm Address

Primary Distribution Facility Address (if different from Firm Address)

Authorized Signature Print Name

Title Date

Phone Number Email Address

Item No. Analysis Line Item

Est. Annual Qty.

(a)

Base Unit Price (b)

Total Annual Price(c)

(a) x (b) = (c)

1 Cyanide, Total 46 x $ = $

2 Ammonia 60 x $ = $

3 Mercury 34 x $ = $

4 Foaming Agents 34 x $ = $

5 Chlorophyll-A 12 x $ = $

6 Gross Alpha 34 x $ = $

7 Radium 226 46 x $ = $

8 Radium 228 46 x $ = $

9 Total Phosphorous 60 x $ = $

40 Total Kjeldahl Nitrogen 60 x $ = $

Synthetic Organic Contaminants (SOCs)-See Specification Section 2.c. for listing.

34 x $ = $

PROPOSED TOTAL BASIS OF AWARD BID PRICE

(Sum of Column (c), Lines 1 through 11) = $

AUTHORIZED SIGNATURES FORMS

Complete the applicable form for An Individual Acting in His Own Right, A Partnership, A Corporation, or a Limited Liability Corporation (LLC), according to firm type.

FOR AN INDIVIDUAL ACTING IN HIS OWN RIGHT

STATE OF

COUNTY OF

SWORN TO and subscribed before me by means of physical presence or online notarization, this day of , 20____, by

, acting in an individual capacity. He/she is personally known to me

OR has produced as identification and did (did not) take an oath.

Notary Public Signature

Print Name

My Commission Expires: (AFFIX NOTARY SEAL)

FOR PARTNERSHIP

COUNTY OF

SWORN TO and subscribed before me by means of physical presence or online notarization, this day of , 20____, by

, who is a partner on behalf of , a partnership. He/she is personally known to me OR has produced as identification and did (did not) take an oath.

FOR A CORPORATION OR A LIMITED LIABILITY CORPORATION

COUNTY OF

SWORN TO and subscribed before me by means of physical presence or online notarization, this day of , 20____, by

, who is (Title) of

(Corporation Name) a corporation under the laws of the State of

, on behalf of the said corporation.. He/she is personally known to me OR has produced as identification and did (did not) take an oath.

NON-COLLUSION AFFIDAVIT

STATE OF

COUNTY OF

("Affiant"), being first duly sworn, deposes and says that:

1. Affiant is _________________________ of ________________________, (the "Bidder") and has submitted the attached Bid;

2. Affiant has personal knowledge of the matters set forth herein and is competent to testify;

3. Affiant is fully informed respecting the preparation and contents of the attached Bid and all pertinent circumstances respecting the Bid;

4. The Bid is genuine and is not a collusive or sham Bid;

5. Neither the Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder, firm, or person to submit a collusive or sham Bid, or has in any manner, directly or indirectly, sought by contract or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against Tampa Bay Water or any person interested in the Contract.

By:

(Corporate Seal) Title:

Subscribed and sworn before me by means of physical presence or online notarization, this day of _______________ , 20____, by

, as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath.

Notary Public

My commission expires:

TAMPA BAY WATER GENERAL AFFIDAVIT

STATE OF ______________________

COUNTY OF ____________________

BEFORE ME, the undersigned authority, appeared __________________________, who first being duly sworn hereby swears or affirms as follows:

1. I make this affidavit on personal knowledge.

2. I am over the age of 18 years and otherwise confident to make this Affidavit.

3. I am the ___________________________ of ________________________________ (the “Contractor).

4. I am authorized by __________________________________ to make this Affidavit on behalf of Contractor.

E-Verify

1. Contractor acknowledges that Section 448.09, Florida Statutes, makes it unlawful for any person to knowingly employ, hire, recruit, or refer, for private or public employment, an alien who is not duly authorized to work in the United States.

2. Contractor acknowledges that Section 448.095, Florida Statutes, prohibits public employers, contractors, and subcontractors from entering into a contract unless each party to the contract registers and uses E-Verify.

3. Contractor is in compliance with the requirements of Sections 448.09 and 448.095, Florida Statutes.

4. Contractor understands it shall remain in compliance with the requirements of Sections 448.09 and 448.095, Florida Statutes, during the term of any contract with Tampa Bay Water.

5. Contractor’s subcontractors are in compliance with the requirements of Sections 448.09 and 448.095, Florida Statutes.

6. Contractor shall ensure compliance with the requirements of Sections 448.09 and 449.095, Florida Statutes, by any and all of its subcontractors.

7. Neither the Contractor, nor any subcontractor of Contractor, has had a contract terminated by a public employer for violating Section 448.095, Florida Statutes, within the year preceding the date of this Affidavit.

8. If the Contractor, or any subcontractor of Contractor, has a contract terminated by a public employer for any such violation during the term of any contract with Tampa Bay Water, it shall provide immediate notice thereof to Tampa Bay Water.

Anti-Human Trafficking In accordance with Section 787.06(13), Florida Statues, the undersigned, on behalf of the entity listed below (“Entity”), hereby attests under penalty of perjury that Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled…