Invitation to Bid Heating, Ventilation, and Air Conditioning (HVACR)

Maintenance and Repair Services

ITB-26-00198

ITB-26-00198 Page 1

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: ITB-26-00198

SOLICITATION TITLE: Heating, Ventilation, and Air Conditioning (HVACR) Maintenance and Repair Services

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed bids from qualified bidders for the maintenance and repair of Heating, Ventilation, Air Conditioning, and Refrigeration (HVACR) systems at various County facilities on an ongoing and as-needed basis for a five (5) year period.

DUE DATE & TIME: April 2, 2026, 2:00 PM Eastern Time (our clock)

ISSUING DEPARTMENT DIRECTOR:

The Director of Procurement is considered the issuing department director for the purpose of Section 2-567(c) of the Hillsborough County Procurement Protest Policy and Procedures Ordinance.

BID SUBMISSION: The County will only accept bids submitted through its electronic bidding system (Euna Procurement). Bids that are submitted or delivered by non-electronic means (hard-copy paper), facsimile, electronic mail (e-mail), electronic file, or means other than through the County's electronic bidding system (Euna Procurement) will not be accepted or considered. Please visit our vendors webpage (hcfl.gov/vendors) for information regarding vendor registration, electronic bid submission, procurement opportunities, and other important resources.

TIMELINESS: To preserve the integrity of the competitive sealed bid process, bids submitted after the due date and time listed above, unless otherwise amended, cannot and will not be accepted. Please do not wait until the last minute, hour, or day to submit your bid, as you may encounter technical difficulties or issues that cannot be resolved before the due date and time. When preparing to submit your bid, please read and follow all instructions regarding formatting and other details related to the form(s) to be used. Again, please do not wait until it’s too late for assistance. We value and need your participation, so the last thing we want is for you to miss this opportunity.

IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

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QUESTIONS: ● Questions regarding technical difficulties or errors encountered while submitting proposals through Euna Procurement must be directed to Euna Procurement Support at 1-844-226-3862 or support.bonfire @eunasolutions.com.

● Questions regarding the specifications or solicitation document must be directed to the County using the “messages” section in Euna Procurement for this particular procurement.

• To be given consideration, such requests must be received no later than 10 calendar days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-bid conference, whichever is later.

● Questions regarding vendor registration, training, or general questions must be directed to the Supplier Engagement Team at (813) 272-5790 or iSupplier@HCFL.gov.

SBE GOAL: This procurement requires the successful bidder to meet a subcontracting Small Business Enterprise (SBE) Participation Goal of 5% and is subject to the policies and procedures governing the County’s Small Business Encouragement Program. Please see Special Terms and Conditions for complete details and requirements.

CONE OF SILENCE: A Cone of Silence is in effect for this procurement; therefore, no bidder, interested party and/or their principals, officers, employees, attorneys, or agents shall communicate with County employees, the Hearing Master assigned to hear the applicable protest appeal and/or members of the Board of County Commissioners, including their aides and employees regarding this procurement and/or a related protest, except as otherwise provided in the Hillsborough County Procurement Protest Policy and Procedures Ordinance. The Cone of Silence does not prohibit a bidder from communicating with the Director of Procurement, staff in the Procurement Services Department, or the County’s attorney assigned to this procurement. Violating the Cone of Silence may disqualify the bidder from consideration for award. Please refer to the Instructions for complete details about the Cone of Silence.

INSURANCE: Insurance coverage is required for this procurement. Please see ITB-26- 00198 Insurance Requirements Attachment and Special Terms and Conditions.

SURETY (BONDS): Bid, performance, and/or payment surety is not required for this procurement.

mailto:support.bonfire@eunasolutions.com mailto:support.bonfire@eunasolutions.com mailto:iSupplier@HCFL.gov https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_a?nodeId=HICOCOORLA_CH2AD_ARTVIPR_DIV3HICOPRPRPOPR_S2-562TI https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_a?nodeId=HICOCOORLA_CH2AD_ARTVIPR_DIV3HICOPRPRPOPR_S2-562TI

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E-VERIFY: The Department of Homeland Security's Image Program and E-Verify apply to this procurement. Please see General Terms and Conditions for complete details and requirements.

DIGITAL ACCESSIBILITY COMPLIANCE:

Any and all information and communications technology developed, provided, procured, maintained, or otherwise made available under this Contract and intended for public access or use, shall comply with various accessibility standards. Please see General Terms and Conditions for complete details and requirements.

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1. SPECIFICATIONS

1.1. Scope

The Hillsborough County Water Resources Department (WRD) seeks to award a contract to a qualified Contractor to provide monthly and annual maintenance (to include parts), as well as monthly and annual facility reports for its exhaust fans, and heating, ventilation, and air conditioning systems (HVACR) at various WRD facilities throughout the county.

1.2. Applicable Publications and Terminology

The following publication(s) of the issue in effect on date of this solicitation, forms a part of this specification:

1.2.1 Florida Building Code (https://www.floridabuilding.org)

1.2.2 Hillsborough County Code of Ordinances, Part B, Public Utilities, Chapter 102, Water, Wastewater Utility Systems (Chapter 102 - WATER, WASTEWATER UTILITY SYSTEMS | Code of Ordinances, Part B, Public Utilities | Hillsborough County, FL | Municode Library)

1.3. Minimum Qualifications

1.3.1 The Bidder/Proposer or principal thereof shall demonstrate recent experience in providing substantially similar services.

1.3.2 As of the bid close date, the Bidder/Proposer shall be certified or registered by Hillsborough County or the State of Florida as an Air Conditioning Contractor whose license is current and active. License shall be submitted upon the County's request. Said license shall remain current and active throughout the term of the resulting contract.

1.4. Minimum Requirements

1.4.1 The Contractor shall furnish all labor, tools, vehicles, fuel, testing equipment, parts, supplies, materials, and incidentals necessary to facilitate inspections, services, and repairs.

1.4.2 The Contractor shall perform all work in accordance with the Florida Building Code, as well as trade best-practices.

1.4.3 The Contractor shall warranty all services provided for a period of 90 days.

1.4.4 Monthly Maintenance: The Contractor shall perform the following maintenance and inspection activities each month for all HVACR units, as applicable:

1.4.4.1 Maintain proper oil and refrigerant levels.

https://www.floridabuilding.org/ https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_b,_public_utilities?nodeId=HICOCOORLA_CH102WAWAUTSY https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_b,_public_utilities?nodeId=HICOCOORLA_CH102WAWAUTSY https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_b,_public_utilities?nodeId=HICOCOORLA_CH102WAWAUTSY

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1.4.4.2 Inspect drain pans and hoses for proper drainage.

1.4.4.3 Inspect compressors for leaks and debris build-up.

1.4.4.4 Inspect controls, chiller units, and air-cooled units for operational functionality, damage, and blockage.

1.4.4.5 Maintain proper chemical levels within closed loop chiller system.

1.4.4.6 Inspect air handlers for operational functionality, damage, blockage, and loose or leaking ducting.

1.4.4.7 Inspect and, if necessary, tighten all electrical connections.

1.4.4.8 Inspect filters for excessive buildup.

1.4.4.9 Replace filters with original equipment manufacturer (OEM) or equivalent filters.

1.4.4.10 Clean condenser coils, evaporator coils, and condensate circuit.

1.4.4.11 Adjust tension on all belts, as needed.

1.4.4.12 Lubricate all moving parts, motors, bearings, and linkages.

1.4.4.13 Tape leaking or loose ducting on or around air handlers.

1.4.4.14 Tighten bolts and clamps as needed per manufacturer specifications.

1.4.4.15 Remove trash as needed.

1.4.4.16 Test chiller water as needed per manufacturer specifications.

1.4.5 Monthly Reports: The Contractor shall submit a Facility Report to the Project Manager (PM) by the tenth of each month, via e-mail, that provides the following information for each HVACR unit serviced during the previous month, to include the following:

1.4.5.1 Facility name and date of service.

1.4.5.2 Make and model of HVACR unit serviced.

1.4.5.3 Name of each service technician performing authorized services.

1.4.5.4 Provide an assessment of the condition of units and any recommendations.

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1.4.5.5 List of any replacement parts installed on HVACR units including the Manufacturer Suggested Retail Price (MSRP) of each part.

1.4.5.6 Summary of any Contractor-specified recommendations, including a detailed quote in accordance with quoted bid prices.

1.4.5.7 Facility reports shall be in a legible format and shall include all pertinent inspection data, as well as any additional data requested by the Project Manager prior to any scheduled maintenance.

1.4.6 Excluded Equipment

Exhaust fans are excluded from monthly inspections.

1.4.7 Scheduling

The Project Manager may determine or adjust the schedule and frequency of services at WRD facilities or the order in which facilities receive maintenance services.

1.4.8 Annual Maintenance: In addition to performing monthly maintenance, the Contractor shall perform the following annual maintenance and inspection activities per manufacturer specifications:

1.4.8.1 Test oil and change oil as necessary.

1.4.8.2 Check and set oil pressure control.

1.4.8.3 Check and set high pressure control.

1.4.8.4 Maintain proper chemical levels within closed loop chiller systems.

1.4.8.5 Check and set low pressure control.

1.4.8.6 Check pump down cycle.

1.4.8.7 Check system for leaks.

1.4.8.8 Check unit seals and replace as necessary.

1.4.8.9 Megger test compressor, evaporator, and condenser-fan motors for compliance with manufacturer specifications.

1.4.8.10 Check motor ventilation for compliance with manufacturer specifications.

1.4.8.11 Dry run system interlocks.

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1.4.8.12 Calibrate unit thermostats.

1.4.8.13 Set superheat on expansion valves.

1.4.8.14 Tighten bolts and clamps, as needed.

1.4.8.15 Remove trash as needed.

1.4.8.16 Clean coils as needed.

1.4.9 Excluded Equipment

Exhaust fans are excluded from annual maintenance.

1.4.10 Scheduling

The Project Manager may determine or adjust the schedule and frequency of services at WRD facilities or the order in which facilities receive maintenance services.

1.4.11 Annual Reports: Within 14 business days after performing annual maintenance at each WRD facility, the Contractor shall submit a Facility Report to the PM, via e-mail, that provides the following information for each HVACR unit serviced (See Exhibit C as a template):

1.4.11.1 Facility name and date of service.

1.4.11.2 Make and model of the HVACR Unit serviced.

1.4.11.3 Name of each service technician performing authorized services.

1.4.11.4 Provide an assessment of the condition and any recommendations.

1.4.11.5 List of any replacement parts installed on HVACR units including the Manufacturer Suggested Retail Price (MSRP) of each part.

1.4.11.6 Summary of any Contractor-specified recommendations, including a detailed quote in accordance with quoted bid prices.

1.4.11.7 Facility reports shall be in a legible format and shall include all pertinent inspection data, as well as any additional data requested by the Project Manager prior to any scheduled maintenance.

1.4.12 Exhaust Fan Annual Maintenance: The Contractor shall perform the following maintenance activities annually for each listed fan in Exhibit B, the County reserves the right to add or subtract from this list as necessary:

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1.4.12.1 Lubricate fan bearings as required.

1.4.12.2 Lubricate motor bearings as required.

1.4.12.3 Adjust or replace fan belts as required.

1.4.12.4 Measure supply voltage and motor amperage draw.

1.4.12.5 Inspect and tighten motor mounts and electrical terminals.

1.4.12.6 Inspect and clean blower wheels.

1.4.13 Replacement Parts and Related Equipment, including AC Units

1.4.13.1 The Contractor shall provide, when necessary, motors, compressors, replacement units, proper refrigerant and amount, and other related equipment, such as, but not limited to, cranes, forklifts, spot coolers, temporary units, and specialty units. Contractor shall provide the PM with a detailed quote for written authorization prior to obtaining any equipment.

1.4.13.2 The Contractor shall furnish and install replacement parts that are necessary to complete maintenance and repair services. All such parts shall meet or exceed OEM specifications.

1.4.13.3 The cost of replacing filters shall be included in the bid price for maintenance.

1.4.13.4 The Contractor shall obtain written approval from the PM prior to providing any parts that exceed $300.00. The Contractor shall provide an invoice (verifying actual cost) to the PM for all parts in excess of $300.00.

1.4.14 Repair Services

The Contractor shall repair HVACR units when authorized by the PM.

1.4.15 Normal Business Hours and Access to Facilities

1.4.15.1 Normal business hours for WRD facilities shall be Monday through Friday, from 7:00 A.M. to 5:00 P.M. with the exception of County observed holidays.

1.4.15.2 Contractor access to facilities to perform authorized services shall be coordinated through the Project Manager.

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1.4.15.3 Exhibit A contains a list of all WRD facilities and identifies which facilities have an HVACR unit. The County reserves the right to add and/or subtract locations from this list as requirements change.

1.4.15.4 The Contractor shall commence maintenance services within 48 hours of receipt of a purchase order. Maintenance services shall be performed during normal business hours unless otherwise authorized by the Project Manager.

1.4.16 Non-Business Hour Repairs

If repairs are required during non-business hours, the Contractor shall commence repair work within four (4) hours of authorization from the Project Manager.

1.4.17 No time may be billed by the Contractor for any activities away from WRD facilities. The hourly labor rate shall be calculated based upon one (1) technician per hour.

The County shall not pay for the Contractor’s use of additional technicians.

1.4.18 Personnel

1.4.18.1 Prior to the initial assignment of any service technician to work performed for the resulting Contract, the Contractor shall provide the technician’s license(s) required to perform the requested services to the Project Manager.

1.4.18.2 The Contractor may employ subcontractors to perform maintenance or repair services under this contract. Subcontractors may only be brought on to perform work under this contract with prior, written approval from the Project Manager.

1.4.19 Work Areas

The Contractor shall remove all trash generated by its activities at each WRD facility. The County reserves the right to salvage and take possession of any item within work areas that is designated for demolition, replacement, or removal. The Contractor shall not have any right to receive compensation for any such item salvaged by the County.

1.4.20 Warranty of Parts

The Contractor shall provide the manufacturers’ standard warranties for all parts provided.

1.4.21 County Operations

1.4.21.1 The Contractor shall be responsible for any interruption of the normal operations of WRD facilities.

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1.4.21.2 The Contractor shall be responsible for all fines, penalties, and expenses imposed upon or incurred by either the County or the Contractor where such interruption, fine, penalty, or expense is the result of the negligent or wrongful intentional acts or omissions of the Contractor or any of its owners, officers, employees, agents, or subcontractors.

1.4.21.3 The Project Manager may issue instructions to the Contractor to minimize interference with County operations.

1.4.21.4 The County reserves the right to suspend work at any time.

1.4.22 County Ordinances

In the course of all work performed under this contract, the Contractor and any subcontractor(s) shall act in accordance with the Hillsborough County Code of Ordinances, Part B, Public Utilities, Chapter 102: Water, Wastewater Utility Systems (Chapter 102 - WATER, WASTEWATER UTILITY SYSTEMS | Code of Ordinances, Part B, Public Utilities | Hillsborough County, FL | Municode Library).

1.4.23 Invoices: Invoices submitted by the Contractor shall contain the following, at minimum:

1.4.23.1 For Maintenance Services:

1.4.23.1.1 The name and asset ID for each unit serviced listed in Group(s) serviced that month.

1.4.23.1.2 The date and hours during which services were performed and completed.

1.4.23.1.3 The purchase order number issued for said services.

1.4.23.1.4 A detailed description of the services performed.

1.4.23.2 For Repair Services:

1.4.23.2.1 The name and ID listed for the HVACR unit(s) for which authorized repairs were performed.

1.4.23.2.2 The name and ID listed for the facility where each serviced HVACR unit is located.

1.4.23.2.3 The purchase order number issued for the repair(s).

1.4.23.2.4 The date(s) that repairs were commenced and completed and the hours during which repairs were performed.

https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_b,_public_utilities?nodeId=HICOCOORLA_CH102WAWAUTSY https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_b,_public_utilities?nodeId=HICOCOORLA_CH102WAWAUTSY

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1.4.23.2.5 The names, classifications, and labor hours (allocated between business and non-business hours) of each individual performing repairs.

1.4.23.2.6 The business and non-business hour rates and part costs, as applicable.

1.4.23.2.7 A detailed description of services performed.

1.4.23.2.8 The description, quantity, and MSRP of each part installed during repairs; the date of the Project Manager’s written authorization of parts replacement and the extended total cost shall also be included.

2. SPECIAL TERMS AND CONDITIONS

2.1 Allowance

An Allowance, in the amount of $550,000.00, will be added to the total Bid amount for material costs required to complete repairs that cannot be reasonably defined at this time due to the nature and conditions of HVACR work.

Commodities and/or Services ordered through the Allowance are limited to the items/services listed above. Costs for the commodities/services must be pre-approved by the County and deemed to be fair and reasonable by County staff.

2.2 Basis for Award (Overall Low)

Award will be made to the lowest, responsive, and responsible Bidder meeting Specifications.

Award will be made to a single Bidder for all line items. If a Bidder fails to submit an Offer on all line items, then that Bidder is not eligible for award.

2.3 Insurance, Contractor

See ITB-26-00198 Insurance Requirements Attachment for more specific details regarding the type of coverage and amounts required.

2.3.1 No work for the County shall commence or occupancy of any of its property take place until the required Certificates of Insurance and copies of the policies, if requested, are received by the County and written Notice to Proceed is issued to the Contractor by the County.

2.3.2 The insurance coverages and limits required of the Contractor under the Contract Documents are designed to meet the minimum requirements of the County. They are not designed as a recommended insurance program for the Contractor. Contractor shall be responsible for the sufficiency of its own insurance program. Should the Contractor

ITB-26-00198 Page 12 have any questions concerning its exposure to loss under the Contract Documents or the insurance coverages needed therefore, it should seek professional assistance.

2.3.3 If the insurance coverage initially provided by the Contractor is to expire prior to completion of the Work, renewal Certificates of Insurance shall be furnished to the County the ten (10) Days prior to expiration of current coverages.

2.3.4 Should the Contractor fail to maintain the insurance coverages required by the Contract Documents, the County may, at its option, either terminate this Agreement for default or procure and pay for such coverage, charge the Contractor for and deduct the costs of the same from payments due the Contractor. A decision by the County to procure and pay for such insurance coverage shall not operate as a waiver of any of its rights under the Contract Documents.

2.3.5 Failure of the Contractor to submit the required Certificates of Insurance within the times required by this Section may result in a delay in issuing the Notice to Proceed. The parties specifically agree that such a delay is neither excusable nor compensable and will not entitle the Contractor to a change in the Contract Price or Time.

2.4 Optional Provision for Other Agencies

Unless otherwise stipulated by the Bidder/Proposer in its Offer, the Bidder/Proposer agrees to make available to all government agencies, departments, and municipalities the Offer prices submitted in accordance with the terms and conditions of this Solicitation Document, should any governmental entity desire to buy under the Contract resulting from this Solicitation Document.

2.5 Price Escalation/De-Escalation (CPI)

2.5.1 Any reference in the solicitation to price adjustments or price escalations shall mean price decreases as well as increases unless otherwise stipulated. Unit prices or rates in contracts that are longer than twelve (12) months and include a provision for price adjustments based on movement in the U.S. Department of Labor's Consumer Price Index for All Urban Consumers (CPI-U) (1982 84=100) may be adjusted annually (contract redetermination period). The awarded unit prices or rates will be effective for one (1) year beginning on the date of purchase order issuance or contract effective date, whichever is later. The awarded vendor may request unit price or rate adjustments no later than 30 days prior to the start of the next contract redetermination period. The unit prices or rates may be adjusted, up or down, based on the percentage movement of the “CPI for All Urban Consumers (CPI-U) 1982-84=100 (Unadjusted)” posted at https://data.bls.gov/cgi-bin/surveymost?bls.

2.5.2 The baseline index will be the month and year in which the contract begins. The adjustments will not be cumulative and will be computed from the original awarded (base) prices or rates. Adjustments shall be computed using the latest cited CPI-U that is published and available on the date the County receives the adjustment request in https://data.bls.gov/cgi-bin/surveymost?bls

ITB-26-00198 Page 13 writing. The unit price(s) changed as a result of these adjustments shall become effective on the first day of the next contract redetermination period. Adjustments will not be retroactive or prorated. If an adjustment is requested during the term of the contract, the County reserves the right to also request an adjustment in the same prescribed manner, especially if the CPI-U decreases and it is deemed to be in the County's best interest. Price adjustments shall be accomplished using the simple percentage method, which will adjust the base rate by the same percentage as the percent change in the CPI- U. Following is an example of the calculation:

Calculation Example

CPI2 = CPI-U at time of adjustment calculation (May 2019): 146.8 CPI1 = CPI-U at time base rate was awarded and set (June 2018): 143.4

CPI2/CPI1: 1.023

Base rate: $1,000.00 Multiplied by 1.023 Equals adjusted rate $1,023.00

For subsequent years, the base rate (CPI1) remains the same and the adjustment calculation will show the change from the base rate. Following shows the second adjustment using the example above:

CPI2 = CPI-U at time of adjustment calculation (May 2020): 140.6 CPI1 = CPI-U at time base rate was awarded and set (June 2018): 143.4

CPI2/CPI1: 0.980

Base rate: $1,000.00 Multiplied by 0.980 Equals adjusted rate $980.00

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2.6 Contract Period for Term Contract

The Contract resulting from this Solicitation Document will be in effect for a five (5)-year period (ending on the last Business Day of the final month) from the effective date of the Contract as established by the County’s Blanket Purchase Agreement (BPA) or Contract Purchase Agreement (CPA).

2.7 Estimated Quantities

Quantities given represent the best estimate for use and shall be the basis for award. However, these quantities are not intended to represent actual requirements, which are not known at this time and may vary during the Contract Period. The County does not guarantee a minimum total purchase.

Furthermore, the requirements of the County may exceed best estimates and the Successful Bidder/Proposer shall provide such requirements to the extent they are reasonable.

2.8 Hillsborough County Governmental Purchasing Council: Reference Laws of Florida 69-1112 and 69-1119

All Offers received by the County in response to this Solicitation Document shall be considered as Offers to members of the Hillsborough County Governmental Purchasing Council. Members, at their discretion, may utilize the Contract that results from this Solicitation Document. Members may purchase the goods, Services and/or Work under the same terms and conditions as the Contract between the Contractor and the County. Members will issue their own purchase orders, issue payments and coordinate the service locations with the Contractor, as applicable. The Hillsborough County Governmental Purchasing Council consists of the following agencies:

Children’s Board of Hillsborough County City of Plant City City of Tampa City of Tampa Housing Authority City of Temple Terrace Clerk of the Circuit Court Expressway Authority Hillsborough Area Regional Transit Authority Hillsborough County Aviation Authority Hillsborough County Board of County Commissioners Hillsborough Community College Hillsborough County School Board Hillsborough County Sheriff Property Appraiser State Attorney’s Office Supervisor of Elections Tampa Palms Community Development District Tampa Port Authority Tampa Sports Authority Tax Collector

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2.9 Ordering

The County shall issue a Blanket Purchase Agreement (BPA) or Contract Purchase Agreement (CPA) to cover any goods, Services and/or Work to be furnished under this Contract. The County user departments will then issue Standard Purchase Orders against the BPA/CPA on an as-needed basis. The Successful Bidder/Proposer shall deliver the applicable goods, Services and/or Work only upon receipt of a Standard Purchase Order. No goods, Services and/or Work are to be provided until a Standard Purchase Order is issued. However, any Standard Purchase Order issued PRIOR to the end of the Contract Period shall be completed, invoiced and paid after the expiration of the Contract. Orders shall be issued only during the Contract Period. The County reserves the right to modify the delivery location(s) identified throughout the Contract Period.

2.10 Termination for Convenience

In the event the County elects to terminate the Contract, the County shall provide the Contractor with notice of termination in writing by electronic and/or certified mail. The County shall pay the Contractor for any accepted goods, Services and/or Work provided by the Contractor to the County prior to the Contractor’s receipt of said termination notice.

2.11 Utilization of Small Business Enterprises - SBEs (Term)

2.11.1 General Information – This Section outlines the requirements/specifications for small business enterprise participation in any resulting contracts resulting from this solicitation pursuant to the County’s Small Business Encouragement Program (Hillsborough County Resolution No. R25-071). Small Business Enterprise (SBE) shall mean a business that is registered as a bona fide small business enterprise with the County or that has been granted reciprocal registration as a small business enterprise by the County.

It is the policy of the County’s Board of County Commissioners (BOCC) to encourage the participation of all responsible businesses in County contracting and procurement activities. The objective of the County’s Small Business Encouragement Program is to provide opportunities for the participation of SBEs in County procurement and contracting activities and to encourage the participation of all responsible and eligible SBEs in these activities. In this regard, the Successful Bidder to whom any award of this solicitation is made shall take all necessary and reasonable steps to ensure that SBEs have the maximum opportunity to participate in this contract and shall be contractually obligated to meet the SBE participation goal established for this contract/project.

The County has established an overall annual goal of twenty percent (20%) for the participation of SBEs in all construction contracts valued at Two Hundred Thousand Dollars ($200,000) or more.

Failure of a Bidder to comply with the pre-award requirements set forth in this Section may result in the County’s rejection of the Bid. Failure of the Successful Bidder/Contractor to perform/comply with the applicable contractual requirements

ITB-26-00198 Page 16 regarding the County’s Small Business Encouragement Program may constitute a material breach of the Contract and may result in termination of the Contract by the County.

2.11.2 SBE Participation Goal – The County’s Small Business Encouragement Program participation goal is detailed below:

2.11.2.1 Project Goal. In connection with this solicitation and its resulting Contract, a goal of 5% has been established for participation by SBEs as Subcontractors. The established goal shall be applied to the full monetary value of the Contract (excluding the value of possible alternates) and shall be reflected in the monetary portion spent on subcontracts for consulting and/or construction services to be awarded to those SBEs meeting Contract Specifications.

2.11.2.2 Eligible SBE Businesses. All firms identified in Bidder’s Bid must either be registered with the County as a SBE or be eligible for provisional reciprocal registration with the County by the Close Date of this solicitation in order for such SBE to be counted toward the SBE participation goal. Businesses that have graduated from Hillsborough County’s Small Business Encouragement Program and those that have been denied registration by the County shall not be counted toward goal attainment and/or goal attainment through reciprocal registration or joint venture. The enclosed listing of Hillsborough County-Registered SBE firms was used to determine the availability of SBE firms to establish the SBE participation goal for this solicitation only. For a current listing of Hillsborough County-Registered Small Business Encouragement Program firms, please visit the Small Business Encouragement Program’s online Directory at:

https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program . This website also includes a link to a list of firms that have graduated from or been denied registration in the County’s Small Business Encouragement Program.

2.11.2.3 SBE Suppliers. With respect to the participation of SBE suppliers, credit toward the goal will be calculated as follows: Fifty percent (50%) of the total value of supplies furnished by a registered SBE will be credited toward the goals established for the project/Contract provided that the supplier is not a manufacturer. If the SBE supplier also manufactures the product, then full credit (100%) will be given.

2.11.2.4 Term Contracts and Work Order (WORCS) Contracts. On Term Contracts or Work Order (WORCS) Contracts, the SBE goal shall apply to all work orders regardless of monetary value. If the Contract is extended or renewed, the SBE goal shall remain at the original goal unless the County has established a revised goal.

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2.11.2.5 2nd and 3rd Tier Participation for Project over $20 Million. Bidders will be allowed to utilize second tier SBE participation (i.e., SBE subcontractor of 1st tier subcontractor) and third (3rd) tier SBE participation (i.e., SBE subcontractor of 2nd tier subcontractor) for goal attainment in projects/contracts valued at over Twenty Million Dollars ($20,000,000).

2.11.2.6 Obligation to Meet SBE Project Goal – The Successful Bidder who is awarded a contract resulting from this solicitation shall be contractually obligated to meet the overall SBE participation goal established for this Contract.

2.11.2.7 Contracts of $200,000 or More with no Goal. For Contracts for which no project goal was established (as evidenced by "N/A" appearing in the first blank in the above clause) because the project/Contract was estimated by the County at a price of less than Two Hundred Thousand Dollars ($200,000) but for which the Bid(s) received equal or exceed $200,000, the County's annual goal of twenty percent (20%) shall apply.

2.11.2.8 Contracts Less than $200,000 with a Goal. For Contracts for which a project goal is established but for which the Bid(s) received are less than Two Hundred Thousand Dollars ($200,000), the established goal shall not apply.

2.11.2.9 SBE-1 Form. Bidders must use the Subcontractors/Material Suppliers List (SBE-1 Form) included in this solicitation, if applicable, to document Bidders’ attainment of the SBE participation goal. The identification of all SBE businesses to be utilized on the project must be shown on this form. This form is the basis for determining whether the Bidder has met the SBE participation goal for this Contract/project.

2.11.2.10 Assistance to SBE Firms. Bidders shall undertake to provide information and assistance to SBEs for the purpose of facilitating proposals by said SBEs to provide Subcontractor services to the Bidders. These efforts shall include Bidders making the necessary and reasonable steps in selecting economically feasible portions of the work to be broken down to facilitate SBE participation. The County’s Small Business Enterprises Division may refer the Bidder to the appropriate County agency/department for technical assistance in identifying portions of the work that can be broken down for SBE participation.

2.11.2.11 SBE Bidding as a Prime Contractor. Any SBE firm who submits a Bid as a prime Contractor on a construction project shall be subject to the same SBE Subcontractor participation goals as a non-SBE Bidder. This means that the SBE prime Contractor cannot use its own resources to meet the Contract/project’s SBE Subcontractor participation goal.

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2.11.3 Registration/Reciprocity/Joint Venture

2.11.3.1 Registration – Registration as a SBE must be obtained by a Subcontractor by the Close Date of this solicitation in order for such SBE to be counted toward the SBE participation goal. Businesses that have graduated from Hillsborough County’s Small Business Encouragement Program and those that have been denied registration by the County shall not be counted toward goal attainment and/or goal attainment through reciprocal registration or joint venture. The County’s SBE Directory and a list of those firms that have graduated from the County’s Small Business Encouragement Program, as well as those firms who have been awarded the one-time reciprocal registration and firms that have been denied registration with the County’s Small Business Encouragement Program can be found on the County website at:

https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program

2.11.3.2 Reciprocity - Provisional reciprocity shall be granted to SBE firms that have been principally domiciled (headquartered) within one (1) of the following Florida counties for a period of at least six (6) months: Hillsborough, Pinellas, Pasco or Hernando, and registered by a local city, county, or state jurisdiction located within one (1) of these counties. In order to be considered for provisional registration and be counted toward goal attainment, a letter of registration from the registering jurisdiction or copy of documentation evidencing registration by the registering jurisdiction must be submitted by the apparent low Bidder within five (5) Business Days of notification by the County of apparent low Bidder status. A reciprocal registration shall become effective on the date of Contract award and is only valid for one (1) six (6) month period from that date. All firms granted reciprocal registration who wish to continue to participate in the County’s Small Business Encouragement Program after the expiration of its reciprocal registration will be required to complete an application for registration to the County’s Program prior to the expiration of the six-month reciprocal registration period. The County’s SBE Directory and a list of those firms that have been previously awarded the one-time reciprocal registration and firms that have been denied registration with the County’s Small Business Encouragement Program can be found on the County website at:

https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program

2.11.3.3 Joint Venture – A joint venture consisting of a SBE and a non-SBE functioning as a subcontractor and a second-tier subcontractor will be credited with SBE participation based on the SBE venturer’s percentage of participation in the work, risk and profits of the joint venture. Joint ventures shall be qualified in accordance with the rules of the Construction Industry Licensing Board as required by Section 489.119, Florida Statutes. A joint venture with SBE component(s) must be approved by the County’s Small Business Enterprises https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program

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Division in order for the SBE component’s involvement to be credited toward fulfilling the County’s SBE participation goal. The SBE component of the joint venture must be a County-registered SBE (i.e., registered as a SBE in the County’s Small Business Encouragement Program).

2.11.3.4 A Joint Venture Bidder must submit the following documents to the County’s Small Business Enterprises Division no later than ten (10) Business Days prior to the Close Date of this solicitation for the purpose of review and approval of the joint venture by the County’s Small Business Enterprises Division:

2.11.3.4.1 A fully-executed Joint Venture Disclosure Affidavit which must state that the Joint Venture complies with Chapter 489, Florida Statutes

2.11.3.4.2 Proof of County SBE registration for each SBE component of the joint venture;

2.11.3.4.3 Business resume for each party/member of the joint venture;

and

2.11.3.4.4 A copy of the joint venture agreement which must reflect the scope of the SBE venturer’s managerial and financial responsibilities.

2.11.3.5 A joint venture Bidder must submit the following documents with its Bid in order to have the SBE component of the joint venture counted toward the SBE participation goal:

2.11.3.5.1 copy of the County-approved Joint Venture Disclosure Affidavit; and

2.11.3.5.2 The Bid submitted by the joint venture must be signed by all parties to the joint venture.

2.11.4 SBE Documents Due Prior to Bid Submission

The following document must be completed and submitted by the Bidder prior to the Bidder’s submission of its Bid to the County:

Joint Venture Documents (only applicable if the Bidder/prime Contractor is a joint venture) - the Joint Venture Disclosure Affidavit along with the other documents specifically listed above must be submitted to the County no later than ten (10) Business Days prior to the Close Date of this solicitation for the purpose of review and approval of the joint venture by the County’s Small Business Enterprises Division.

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2.11.5 SBE Documents Due at Time of Bid Submission

The following SBE documents must be completed by the Bidder and submitted with its Bid on or before the Close Date of this solicitation:

2.11.5.1 The Subcontractors/Material Suppliers List (SBE-1 Form) see SBE-1 Form included with this solicitation. The Subcontractors/Material Suppliers List (SBE- 1 Form) must include the Subcontractor's/material supplier’s name, scope or type of work to be performed, dollar amount, and whether the Subcontractor/material supplier is a registered SBE. The identification of all SBEs to be utilized on the project must be shown on this form. This form is the basis for determining whether the Bidder has met the SBE participation goal for this Contract/project.

2.11.5.2 County-Approved Joint Venture Disclosure Affidavit (only applicable if the Bidder/prime Contractor is a joint venture). Please Note: the Bid submitted by the joint venture must be signed by all parties to the joint venture.

2.11.6 SBE Documents Due Within 5 Business Days of Notification of Low Bidder Status

The following SBE documents must be completed and submitted by the apparent low Bidder within five (5) Business Days of notification of low Bidder Status by the County:

2.11.6.1 Executed Letters of Intent (signed by both parties) for all SBE Subcontractors listed on the Bidder’s Subcontractor/Material Suppliers List (SBE- 1 Form) in monetary amounts that must meet the SBE participation goal. Failure to submit executed Letters of Intent that are consistent with the Bidder’s Subcontractor/Material Suppliers List shall result in the omitted/affected subcontracts not being credited toward goal attainment and may result in a finding of non-responsiveness to the County’s Small Business Encouragement Program requirements which may result in the rejection of your Bid/offer.

2.11.6.1.1 Letters of Intent – see form Subcontractor Letter of Intent included with this solicitation. The form Subcontractor Letter of Intent included with this solicitation must be used to ensure that all the required information is provided. Failure to use the County’s form Subcontractor Letter of Intent may result in the rejection of your Bid/offer. A separate Subcontractor Letter of Intent must be used for each SBE subcontractor and must be completed in its entirety and signed by the legally authorized representatives of the Contractor AND the SBE subcontractor.

2.11.6.1.2 Subcontract agreements/Letters of Intent must be submitted to the County’s Procurement Services Department.

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2.11.6.1.3 Letters of Intent for Additional SBEs not listed on SBE-1 Form.

If the Bidder submits additional Letters of Intent that are over and above what is listed on the Bidder’s Subcontractor/Material Suppliers List (SBE- 1 Form), then these additional SBE firms and/or monetary amounts will be credited toward Bidder’s SBE participation goal attainment. However, Please Note: that the Bidder must first be deemed to be responsive to the goal through the SBE-1 Form in order to receive this additional credit toward SBE participation goal attainment. Registration of submitted SBE firms must be verified in order for this additional credit to be received.

2.11.6.1.4 References to Other Documents. Bidders who submit

subcontract agreements/Letters of Intent which attempt to include by reference other document(s) which are not part of the official County bid package must attach a copy of all such referenced documents to be included with the subcontract at the time the executed SBE subcontract agreements/Letters of Intent are submitted to the County.

2.11.6.2 Proof of SBE registration from the registering jurisdiction(s) for each named SBE firm that is not a Hillsborough County-registered SBE. If a named SBE firm is seeking reciprocal registration with the County, then a letter from the registering jurisdiction or a copy of the registration document evidencing registration by the registering jurisdiction must be provided.

2.11.6.3 Extension of Time to Provide Required Documents. The County reserves the right to request and allow the apparent low bidder an extension of the five

(5) Business Day time period to provide the required documentation but such extension shall be solely at the County’s discretion.

2.11.7 Guidance/Assistance by the County

Bidders should contact the County’s Small Business Enterprises Division immediately for guidance and assistance in the event that:

2.11.7.1 The Bidder anticipates or has difficulty in identifying and/or obtaining SBEs for subcontract participation;

2.11.7.2 The Bidder is unable to identify portions of the work that can be broken down for SBE subcontract participation; or

2.11.7.3 The Bidder determines that breaking down the work is not possible or feasible.

The County’s Small Business Enterprises Division will work with and assist the Bidder to meet its SBE participation goal; however, it shall ultimately be the Bidder’s responsibility to comply with the participation goal.

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2.11.8 Bidder Responsiveness/Goal Attainment

In order to be deemed responsive to the County’s SBE participation goal, Bidders must document goal attainment using the Subcontractor/Material Suppliers List – Construction Contracts (SBE-1 Form) in their Bid. The County’s Small Business Enterprises Division shall be responsible for making the determination regarding the responsiveness of Bidders to the SBE participation goal. If the Bidder has achieved the SBE participation goal in its Bid, then a recommendation of Bidder “responsiveness” shall be made. If the Bidder has not achieved the SBE participation goal in its Bid, then a recommendation of Bidder “non-responsiveness” shall be made. In the event the responsiveness determination is not in favor of a Bidder, then the Bidder will be notified in writing by Procurement Services. Any objection to a non-responsive determination shall be deemed a protest, and the Bidder will be required to file said protest in strict accordance with Hillsborough County’s Procurement Protest Policy and Procedures Ordinance (Hillsborough County Ordinance No. 23-15) – Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3.

2.11.9 Additional Credit Toward Goal Attainment Before Contract Award

If, prior to the County’s award of the Contract, the Bidder submits additional SBE executed Subcontract agreements and/or Letters of Intent that are over and above what is listed on the Bidder’s Subcontractor/Material Suppliers List – Construction Contracts (SBE-1 Form), then these additional firms and/or monetary amounts will be credited toward Bidder’s SBE participation goal attainment. However, Please Note that the Bidder must first be deemed to be responsive to the goal through the SBE-1 Form in order to receive this additional credit toward goal attainment. Registration of these additional SBE firms must be verified in order for this additional credit to be received.

2.11.10 Additional Credit Toward Goal Attainment After Contract Award

If, after the Contract has been awarded by the County, the Successful Bidder/Contractor during the course of the Contract wishes to utilize additional registered SBE subcontractors for the project, then this shall be allowed with the approval of the County’s Small Business Enterprises Division and will be counted towards the Successful Bidder’s/Contractor’s overall goal attainment for the project/Contract. Registration of these additional SBE firms must be verified in order for this additional credit to be received.

2.11.11 Issuance of Work Orders

For Contracts/projects with SBE goals, the County will issue a Work Order for the applicable project only after the Successful Bidder’s/Contractor’s compliance with the stated goal is documented in accordance with the County’s SBE Policy/Procedures and confirmation of such compliance is received from the County’s Small Business Enterprises Division.

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2.11.12 Documents Due to County upon Completion of Project

2.11.12.1 Statement of Satisfaction or Final Lien Release Waiver. Upon completion of the project, the Contractor shall submit to County’s Small Business Enterprises Division documentation of all payments made and/or all outstanding payments due to the SBE firms which are confirmed on the Subcontractor’s Statement of Satisfaction or Final Lien Release Waiver for the applicable project.

If there are outstanding payments due to a SBE subcontractor, then the Contractor and the SBE subcontractor must agree on the balance due amount and how this amount due will be paid or resolved, before the County will issue final payment for the project. A Consent of Surety Bond will not be accepted in lieu of the Subcontractor’s Statement of Satisfaction or Final Lien Waiver.

2.11.12.2 Failure to Meet SBE Goal. If the Contractor has not met its SBE participation goal, the Contractor must provide documentation outlining the reasons and/or circumstances that impacted its ability to meet the SBE participation goal.