IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

Request for Professional Services

RPS-26-00367 Page 2

Table of Contents 1 Specifications

1.1 Minimum Requirements

2 Submittal Deadline:

3 INSTRUCTIONS FOR RESPONSES

3.1 Proposal Submissions

3.2 Acceptance of Applicable Policies and Procedures

3.3 Basis for Award (Professional)

3.4 Offeror/Proposer Request for Interpretation of Solicitation Document

3.5 Procurement Policy and Procedures and Hillsborough County Ordinance – Protest Process and Procedures

3.6 Changes in Project Team for Shortlisted Firms

3.7 Cone of Silence

3.8 Conflict of Interest

3.9 Consultant Evaluation of Past Performance

3.10 Volume of Work

3.11 Bonus Points for Small Business Enterprise (SBE) Participation

3.12 Consultant Must Use E-Verify, Must Have Legally Authorized Workforce & Utilize IMAGE Best Practices

3.13 Electronic Payment Solution

3.14 Eligibility for Consideration

3.15 Ranking for the Project

3.16 Oral Presentations

3.17 Insurance, Professional

3.18 Failure to Perform

3.19 Hillsborough County Business Tax

3.20 IRS Substitute W-9, Request for Taxpayer Identification Number and Certification

3.21 Legally Required Statement and Provisions Regarding Access to Records for Services Contracts

3.22 Maintenance of Records/Public Records Law, Professional

3.23 Public Entity Crimes Statement

3.24 Reuse of Existing Plans

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3.25 Right to Reject Proposals

3.26 Security of Plans and Specifications

3.27 Term Contract

3.28 Vendor Compliance System (B2GNOW)

3.29 Prohibition Against Considering Social, Political, or Ideological Interests in Government Contracting

3.30 Prohibition Against Contracting with Entities of Foreign Countries of Concern if Entity Would Give Access to an Individual’s Personal Identifying Information

3.31 Proposer Must Provide County with Affidavit Denying Involvement with a Country of Concern

3.32 Prohibition Against Contracting with Scrutinized Companies and Termination of Contracts with Scrutinized Companies

3.33 Restriction on Providing Funding for Identification Purposes

IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING PROPOSAL

SOLICITATION TYPE: Request for Professional Services

SOLICITATION NUMBER: RPS-26-00367

SOLICITATION TITLE: Miscellaneous Subsurface Investigation & Testing

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed proposals from experienced and qualified professionals with a proven and documented track record of providing professional engineering subsurface investigation and testing services. Hillsborough County intends to contract with multiple firms. Agreements will be issued for a four (4) year term.

DUE DATE & TIME: November 3, 2026 [2:00 P.M.] Eastern Time as recorded by the County’s Electronic Bidding System)

PRIMARY CONTACT: Christy Perales, Senior Buyer

PROPOSAL SUBMISSION: The County will only accept proposals submitted through its electronic bidding system (Euna Procurement). Proposals 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 proposal process, proposals 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 proposal, as you may encounter technical difficulties or issues that cannot be resolved before the due date and time. When preparing to submit your proposal, 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.

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 primary contact listed above using the “messages” section in Euna Procurement for this particular procurement.

mailto:support.bonfire@eunasolutions.com

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• To be given consideration, such requests must be received no later than 14 calendar days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-proposal 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 provides for the addition of bonus points to the evaluation score of proposals that meet a subcontracting Small Business Enterprise (SBE) Participation Goal of 10% and is subject to the policies and procedures governing the County’s Small Business Encouragement Program. Please see the Instructions for Responses for complete details and requirements.

CONE OF SILENCE: A violation of the Cone of Silence may result in the disqualification from consideration for award. A Cone of Silence is in effect for this procurement;

therefore, no proposer, 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 proposer 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 proposer from consideration for award. Please refer to the Instructions for Responses for complete details about the Cone of Silence.

INSURANCE: Insurance coverage is required for this procurement. Please see RPS-26-00367 Attachment B -Insurance Requirements Attachment and Special Terms and Conditions.

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

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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1 Specifications Scope 1.1 The Hillsborough County Capital Programs Department is seeking multiple experienced and qualified professionals with proven and documented track record of providing professional engineering subsurface investigation and testing services. Work shall include tests, furnishing necessary accredited and/or qualified personnel and equipment, written reports, evaluations, and recommendations as they relate to the Work Order..

Please refer to Attachment A – Scope of Services for further details about the type of services that may be requested.

The County anticipates awarding one or more continuing contracts for professional services as provided under Section 287.055, Florida Statutes for as needed assistance involving study activities not to exceed $500,000 per project; for services for projects the estimated construction cost of which will not exceed $7.5.million; and for services of a specified nature (subject to such increased dollar limits as may be permitted under the statute during the term of the Agreement).

1.1 Minimum Requirements

1.2.1 Certification in Engineering is required for this project. The Prime Firm must be a Florida-licensed engineering firm and must provide its certification

1.2.2 The Consultant must be a Florida Department of Transportation (FDOT) qualified laboratory for the services specified herein by Hillsborough County (herein referred to as COUNTY) and shall provide professional services for laboratory and field-testing services which shall include, but not be limited to, geotechnical investigations and testing services in each individual work order.

1.2.3 Generally, FDOT, American Society of Testing Materials (ASTM) or American Association of State Highway and Transportation Officials (AASHTO) geotechnical and material testing requirements shall be utilized, unless an adjustment is required by the County in order to conform to County requirements.

1.2.4 The Consultant shall utilize Key Personnel presented in the Consultant's proposal. Any substitution or use of a Subconsultant(s) shall be subject to the approval of the County.

1.2.5 The Consultant is responsible for the Quality Control of their services and reports. Consultant Laboratory must maintain qualifications in accordance with FDOT's Laboratory Qualification Program. The Laboratory must maintain records of calibrations checks. Products shall conform to County standards and criteria specified herein and represent the highest professional quality.

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1.2.6 County will arrange for Consultant's entry onto the subject property as required to perform the requested services. However, the Consultant must comply with the County's Right-of-Way Use Permit and a Temporary Traffic Control Permit for operations in Hillsborough County rights-of-way, when applicable.

1.2.7 Consultant shall make all provisions required to complete the required services, either by subcontracting with another FDOT qualified laboratory or other methods agreed upon by the County, if sufficient staff and appropriate expertise is not available using Consultant's own personnel. Regardless, Consultant shall adhere to the testing times indicated in the individual work orders.

2 Submittal Deadline:

Respondent must submit its response prior to the time specified in the Close Date. Late responses will not be accepted.

3 INSTRUCTIONS FOR RESPONSES

3.1 Proposal Submissions

3.1.1 The County shall only accept Proposals through its Electronic Bidding System.

3.1.2 Proposals delivered by non-electronic means, facsimile, electronic mail (e-mail) or electronic means other than through the County's Electronic Bidding System will not be considered.

3.1.3 The Offeror/Proposer’s representative executing the Offer/Proposal shall be required to have the authority to bind the Consultant for contracting purposes.

3.2 Acceptance of Applicable Policies and Procedures

3.2.1 Firms responding to this RPS agree by submission of such response to accept and comply with the county policies and procedures that apply to the selection process for this project.

3.2.2 Any concerns, or issues, relating to current policies and procedures may be addressed with county staff, but separate from this selection process.

3.3 Basis for Award (Professional)

3.3.1 The County may select one (1) or multiple qualified Professional(s) for award of this contract. Award will be made to the highest ranked firm(s), based on the evaluation criteria identified within the solicitation. Separate contracts will be executed between the County and each Professional. Work Orders will generally be issued to

RPS-26-00367 Page 8 the Professionals subject to their availability, responsiveness to requests, ongoing performance, schedule, and/or other considerations.

3.4 Offeror/Proposer Request for Interpretation of Solicitation Document

3.4.1 No interpretation of the meaning of the Specifications or Scope of Work contained in this Solicitation or related Contract Documents will be made to any Bidder/Proposer orally. Every request for such interpretation must be submitted in writing through the electronic bidding system (Euna Procurement). To be given consideration, such requests must be received no later than 14 calendar days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-bid conference, whichever is later. All interpretations and supplemental instructions provided by the County will be in the form of a written amendment which, if issued, will be communicated to all Bidders/Proposers who have acknowledged participation within Euna Procurement. All issued amendments shall become part of the Contract Documents. The “Primary Contact” information on Page 1 of this Solicitation is provided in the event assistance is needed. No Bids or Proposals shall be submitted or accepted through electronic mail (e-mail), facsimile, or by hard copy (paper). Bids and Proposals will only be accepted and considered if submitted through Euna Procurement.

3.5 Procurement Policy and Procedures and Hillsborough County Ordinance – Protest Process and Procedures

3.5.1 Offeror is advised that by submitting an Offer, Offeror hereby agrees to comply with the County’s Procurement Policy and Procedures, including, but not limited to, the County’s policy and procedures regarding Bid protests and Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3. The County’s Procurement Policy and Procedures can be found on the County’s website at:

https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/vendor-policies-forms-and-documents

3.5.2 Any Offeror which expresses objection to any activity, decision or determination made during this professional consultant selection process may file a protest in accordance with Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3.

3.5.3 Offeror is further advised that pursuant to Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, Sec. 2-567(b)(i), any protest of the Specifications and/or terms and conditions contained within this Solicitation Document must be received by the County no later than five (5) Business Days before the Close Date/Bid Submittal Deadline set forth in this Solicitation Document.

https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/vendor-policies-forms-and-documents https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/vendor-policies-forms-and-documents

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3.6 Changes in Project Team for Shortlisted Firms

3.6.1 A change in the project team of a shortlisted firm after the submission of the response to this solicitation could result in reconsideration of the scoring of applicable evaluation criteria.

3.6.2 Any changes in the project team of a shortlisted firm should be brought to the attention of the County as soon as possible after the change is made. The changes, the reasons for the changes, and resumes for the individual(s) being substituted for an original project team member, must be submitted, prior to oral presentation, to the individual specified as the contact person for this solicitation.

3.6.3 No increases in scoring will result from the reconsideration of changes in the project team of a shortlisted firm.

3.6.4 Decreases in scoring may result from the reconsideration of changes in the project team of a shortlisted firm.

3.7 Cone of Silence

Pursuant to Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, there shall be a Cone of Silence for all procurement solicitations (except sole source procurement) issued by the County that are at or over the County's formal bid limit in order to safeguard the integrity of the County’s procurement and protest process. Except as otherwise provided in this section, the Cone of Silence shall go into effect on the date a procurement solicitation is issued by the County and shall end the earlier of five (5) Business Days after the County posts its notice of intent to award the contract(s) associated with this solicitation or on the date the procurement solicitation is canceled by the County. However, if a protest is timely filed, then the Cone of Silence shall remain in effect for the duration of the protest process including the exhaustion of any related appeals related to the protest. Unless otherwise provided for in Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, during the time period the Cone of Silence is in effect, no Offeror, 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 a procurement solicitation and/or its related protest. The Cone of Silence does not prohibit an Offeror from communicating with the Director of the County’s Procurement Services Department, County Procurement staff, or the attorney in the County Attorney’s office that is directly responsible for the applicable procurement solicitation (this information can be obtained by contacting the County Procurement staff person listed as the contact in the applicable procurement solicitation). It is the responsibility of any Offeror/interested party to ensure that the Cone of Silence is no longer in effect prior to communicating with any person under the Cone of Silence (including determining whether protests have been filed for the subject solicitation and the status of such protests – which extends the Cone of Silence time period as stated above). A violation of

RPS-26-00367 Page 10 the Cone of Silence will result in the disqualification of the Offeror from consideration in the award of the procurement solicitation unless it is determined that the violation is unintentional and/or not material.

3.8 Conflict of Interest

No firm shall be eligible for selection on any project and no work shall be assigned to a firm which conflicts with or is duplicative of any work by the firm or any affiliated business entity, including, but not limited to, partnerships, joint ventures, and subsidiaries of the same parent corporation or firm.

3.9 Consultant Evaluation of Past Performance

3.9.1 Past Performance Score in the discipline specified in this project (i.e., engineering, architecture, landscape architect, or surveying and mapping) will be applied to the evaluation score for each firm submitting an acceptable response to the RPS as provided in Section 4.9.3 of this solicitation.

3.9.2 Past Performance Score for firms with performance evaluations on file:

The applicable time period shall be the twenty-four (24) month period prior to submittal deadline.

Only those evaluations on file by the submittal deadline will apply to this project.

The range of points will be a maximum of (5) and a minimum of (-5).

The overall evaluation rating average will determine the number of past performance points.

3.9.3 Past Performance Score for firms with no performance evaluations on file:

The applicable time period shall be the two (2) previously completed fiscal years.

The Past Performance Score shall be the equivalent to the county-wide average for all firms by discipline during the applicable time period.

The county-wide average scores for the applicable time period by discipline are:

3.9.3.1.1 Architecture - 3.53 average for 3.00 past performance points.

3.9.3.1.2 Engineering - 3.88 average for 3.00 past performance points.

3.9.3.1.3 Landscape Architecture - 0.00 average for 0.00 past performance points.

3.9.3.1.4 Surveying and Mapping - 4.24 average for 4.00 past performance points.

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3.9.3.1.5 The county-wide average scores for the two (2) previously completed fiscal years will be updated annually by October 31st.

Rating Conversion Chart for performance evaluations:

Rating Conversion Chart

Overall Evaluation Rating Average

Number of Points

5.00 – 4.25 5.00

4.24 – 3.89 4.00

3.88 – 3.53 3.00

3.52 – 3.17 2.00

3.16 – 2.81 1.00

2.80 – 2.45 0.00

2.44 – 2.09 -1.00

2.08 – 1.73 -2.00

1.72 – 1.37 -3.00

1.36 – 1.01 -4.00

Below 1.00 -5.00

Notes Regarding the Rating Conversion Chart:

3.9.3.1.6 This conversion chart will be used in determining the past performance points to be assigned to a firm. The chart is based on the conversion of performance evaluation scores for the project’s primary discipline (i.e. engineering, architecture, etc.) for Hillsborough County projects to past performance points.

3.9.3.1.7 The time period for which evaluations will be considered is twenty-four

(24) months prior to the Close Date. Firms with no prior evaluations on file will be assigned the county-wide average for the two previously completed fiscal years.

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3.9.3.1.8 The Requesting Department Director is responsible for ensuring that evaluations (past performance) are conducted at a minimum at the end of each contract or work order (in the case of miscellaneous contracts). Interim evaluations may be completed within the Requesting Department at the reasonable discretion of the Requesting Department Director based on the length of the contract or work order. Final evaluation data shall be submitted electronically through the Consultant Automated Performance Evaluation System (CAPES) via Oracle to the Procurement Services Department.

3.10 Volume of Work

3.10.1 A Volume of Work Score will be applied to the evaluation score for each firm submitting a response to the Request for Professional Services as provided in Section 3.14.

3.10.2 The volume of work for a firm shall be the amount of payments made to a firm during the two (2) previously completed fiscal years. The amounts are retrieved from the County ERP system (Oracle).

3.10.3 The volume of work will be converted to a Volume of Work Score, based on the following predetermined conversion chart.

5.0 Points $0 to $200,000

4.0 Points $200,001 to $400,000

3.0 Points $400,001 to $600,000

2.0 Points $600,001 to $800,000

1.0 Point $800,000 to $1,000,000

0.0 Points $1,000,001 and up

3.10.4 The range of points will be a maximum of five (5) and a minimum of zero (0). Point categories are incremented by one (1.0) point.

3.10.5 A firm will receive no points when its total payments for the two (2) previously completed fiscal years have exceeded $1,000,000.00.

3.11 Bonus Points for Small Business Enterprise (SBE) Participation

3.11.1 County Policy – 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

RPS-26-00367 Page 13 all responsible and eligible SBEs in these activities. In this regard, the CCNA Consultant 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.

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.

3.11.2 Bonus Points - In keeping with County policy, a proposing CCNA Consultant who has 10% or more SBE participation in the overall services being provided to the County can apply for bonus points to be added to its response evaluation score. Qualified firms may receive five percent (5%) of the maximum allowable evaluation criteria points for such SBE participation/utilization. Proposing CCNA Consultant must submit its Request for Bonus Points using the SBE-2 Form (included in this solicitation) and all supporting documentation with its response. In the event the proposing CCNA consultant receives bonus points for its identification of a SBE firm in its response, then such CCNA Consultant shall be committed to the utilization of such firm for at least ten percent (10%) of the overall professional services provided to the County under any contract resulting from this Request for Professional Services. The County’s Small Business Enterprises Division shall be responsible for reviewing the request for bonus points and shall determine the award of bonus points.

3.11.3 Eligible SBE Businesses - All firms identified in the proposing CCNA Consultant’s response must either be registered with the County as a SBE firm or be eligible for 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. 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.

3.11.4 Reciprocal Registration – 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: Pinellas, Pasco or Hernando, https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program

RPS-26-00367 Page 14 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 with proposing CCNA Consultant’s Request for Bonus Points (SBE-2) Form and Letters of Intent – which must be submitted with proposing CCNA Consultant’s response. 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 .

3.11.5 SBE Bidding as Prime CCNA Consultant – SBE firms bidding as the prime CCNA Consultant shall be subject to the same SBE subcontractor participation goals as a non-SBE prime CCNA Consultant. Thus, in order to receive goal credit/bonus points, the SBE prime CCNA Consultant must utilize other SBE firms/subcontractors and cannot use the resources of its own firm to achieve the SBE participation goal.

3.11.6 SBE-2 Form (included with this solicitation)- It is the responsibility of the proposing CCNA Consultant to furnish all necessary information and documentation to the County in order to receive bonus points. Proposing CCNA Consultant’s request for bonus points must be made on the Request for Bonus Points (SBE-2) Form provided with this solicitation. The identification of all SBE businesses to be utilized for the contract must be shown on this form as this form is the basis for determining whether the proposing CCNA Consultant receives bonus points for SBE participation.

Letters of Intent and proof of SBE registration for each SBE listed on the SBE-2 Form must be attached to the SBE-2 Form as outlined in further detail below.

3.11.7 SBE Documents Due at Time of Response Submission

The following SBE documents must be completed by the proposing CCNA Consultant and submitted with its response on or before the Close Date of this solicitation:

(a) Request for Bonus Points (SBE-2) Form see SBE-2 Form included with this solicitation. The Request for Bonus Points (SBE-2) Form included in this solicitation must be used to request that bonus points be added to

RPS-26-00367 Page 15 the proposing CCNA Consultant’s response evaluation score. The Request for Bonus Points (SBE-2) Form must include the SBE Subcontractor(s)’ name, name of the SBE registering agency (city/county/state), and identify all executed Letters of Intent (see form Subcontractor Letter of Intent included with this solicitation) attached to and submitted with the proposing CCNA Consultant’s SBE-2 Form. 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 proposing CCNA Consultant has met the SBE participation goal in order to receive bonus points in its response evaluation score. In addition, the following documents must be attached to and submitted with the proposing CCNA Consultant’s SBE-2 Form:

(b) Executed Letters of Intent (signed by both parties) for all SBE Subcontractors listed on the proposing CCNA Consultant’s Request for Bonus Points (SBE-2) Form in monetary amounts that must meet the SBE participation goal. Failure to submit executed Letters of Intent that are consistent with the proposing CCNA Consultant’s Request for Bonus Points (SBE-2) Form shall result in the omitted/affected subcontracts not being credited toward goal attainment and may result in the denial of the proposing CCNA Consultant’s request for bonus points.

(i) 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 denial of the proposing CCNA Consultant’s request for bonus points. 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 proposing CCNA Consultant AND the SBE subcontractor.

(ii) References to Other Documents. Proposing CCNA Consultants who submit Letters of Intent which attempt to include by reference other document(s) which are not part of the official County solicitation package must attach a copy of all such referenced documents to be included with the subcontract at the time the executed SBE Letters of Intent are submitted to the County.

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

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3.11.8 Denial of Bonus Points – In the event proposing CCNA Consultant submits a protest regarding the award/non-award of SBE bonus points, such protest will be handled in strict accordance with Hillsborough County Ordinance No. 13-24 – Hillsborough County Procurement Protest Policy and Procedures Ordinance.

3.11.9 Additional Contractor Requirements - If a proposing CCNA Consultant receives bonus points and is ultimately awarded a contract pursuant to this solicitation, then the following provisions shall apply:

3.11.9.1 Subcontract Agreement(s) – CCNA Consultant/Contractor is required to` submit to the County (using the County’s Vendor Compliance System/B2GNOW) a copy of the fully executed subcontract agreement with the SBE firm(s) listed in the CCNA Consultant’s Request for Bonus Points (SBE-2) Form within thirty (30) Days of the County’s award of the Contract to the CCNA Consultant/Contractor and/or issuance of a valid task/work order by the County.

If the CCNA Consultant/Contractor and the SBE Subcontractor are unable to successfully negotiate a subcontract agreement within this thirty (30) Day timeframe, then the CCNA Consultant/Contractor must notify the County’s Small Business Enterprises Division of the impasse reached in negotiations. Upon a review of the facts, if it is determined that a substitution of the SBE Subcontractor may be warranted, then the Small Business Enterprises Division will advise the CCNA Consultant/Contractor to select a substitute SBE Subcontractor. The substitute SBE Subcontractor must meet the same registration requirements as the originally proposed SBE Subcontractor, and the substitution must be approved, in writing, by the County’s Small Business Enterprises Division.

3.11.9.2 Substitution of SBE Subcontractor – In the event of a change in circumstances that are beyond the control of the CCNA Consultant/Contractor (such as changes made by the County to the scope of work to be performed or the inability of the SBE Subcontractor to perform the required services), the CCNA Consultant/Contractor shall submit a written explanation of the changed circumstances to the County’s Small Business Enterprises Division and shall request a substitution of the original proposed SBE Subcontractor with another SBE. The substitution must meet the same registration requirements as the original proposed SBE and the substitution must be authorized, in writing, by the County’s Small Business Enterprises Division. The CCNA Consultant/Contractor shall not substitute with a non-SBE Subcontractor or complete the work using its own resources without the prior written approval of the County’s Small Business Enterprises Division.

Approval of such substitution by the County will be provided only upon a showing that it is not reasonable or possible for the CCNA Consultant/Contractor to obtain the services of another registered SBE to complete the relevant portions of the County Contract.

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3.11.9.3 Vendor Compliance System (B2GNOW)

a) CCNA Consultant/Contractor is required to utilize the County’s Vendor Compliance System (B2GNOW) on a monthly basis to (a) report SBE subcontractor utilization, (b) confirm payments received from the County, and (c) list all payments made by the CCNA Consultant/Contractor to SBE Subcontractors in that monthly period. CCNA Consultants/Contractors are required to report monthly payments to all SBE Subcontractors regardless of whether payment has been made to the CCNA Consultant/Contractor by the County. If no payment has been made by the County, then CCNA Consultant/Contractor must report a zero (0) dollar amount in the Vendor Compliance System (B2GNOW). CCNA Consultants/Contractors are required to update their contact information in the County’s Vendor Compliance System (B2GNOW) to ensure that CCNA Consultant/Contractor maintains compliance with the County’s contract compliance program. The County’s Vendor Compliance System can be accessed at the following link: https://hcfl.gov/sbe

(b) CCNA Consultant/Contractors will receive email and/or facsimile notifications alerting them when there is a need to respond.

(c) To ensure that CCNA Consultant/Contractor maintains compliance with the County’s contract compliance program, the CCNA Consultant/Contractor is required to update its contact information in the Vendor Compliance System, which is hosted by third party vendor - B2GNow.

(d) In the event CCNA Consultant/Contractor has any questions regarding how to create an account or require assistance accessing its account, CCNA Consultant/Contractor should click on the “Help First Time Visitors” link located on the web page listed above. The following on-line classes on the Vendor Compliance System are available:

(i) Contract Compliance Reporting – Vendor Training, classes are given on a weekly basis.

(ii) Introduction to the System – Vendor Training, classes are given on a bi-monthly basis.

To sign up for one of these training events, CCNA Consultant/Contractor should click on the “Training and Events” link located on the web page listed above.

3.11.9.4 Failure to Meet SBE Goal – If the CCNA Consultant/Contractor has not met its SBE participation goal, then the CCNA Consultant/Contractor must provide documentation to the County’s Small Business Enterprises Division outlining the reasons and/or circumstances that impacted the CCNA Consultant’s/Contractor’s ability to meet the participation goal. The CCNA Consultant/Contractor’s failure to https://hcfl.gov/sbe

RPS-26-00367 Page 18 meet its SBE participation goal may result in the denial of bonus points to the CCNA Consultant in future County procurements and/or may be considered and treated by the County as a material breach of contract.

3.11.9.5 County’s Right to Audit – The County reserves the right to audit the CCNA Consultant/Contractor’s records pertaining to the Contract at any time during the term of the Contract for a period of five (5) years after the completion of work or termination of the Contract, whichever is later.

3.11.10 Contract Compliance Requirements

3.11.10.1 Compliance Monitoring-General - Compliance monitoring and reviews are conducted by the County’s Small Business Enterprises Division to determine if the Contractor and/or subcontractors are complying with the requirements of the County’s Small Business Encouragement Program. Failure of the CCNA Consultant/Contractor to comply with these requirements may result in the County taking remedial action by legal or non-legal means.

3.11.10.2 Compliance Monitoring by the County - The County may utilize the following tools to determine if the CCNA Consultant/Contractor and/or subcontractors are complying with their SBE utilization requirements and/or other requirements of the County’s Small Business Encouragement Program:

(a) Information generated by the County’s Vendor Compliance System (B2GNOW) based on the required monthly payment/utilization reporting requirements of the County’s Small Business Encouragement Program.

(b) The Small Business Enterprises Division may make scheduled and/or unannounced project site visits to assess CCNA Consultant/Contractor’s and/or subcontractor(s) performance and/or compliance.

(c) The Small Business Enterprises Division may require the CCNA Consultant/Contractor and/or subcontractors to furnish the County with additional documentation (separate from those generated by the County’s Vendor Compliance System (B2GNOW)).

(d) Communications, meetings and/or interviews with the CCNA Consultant/Contractor and/or subcontractors, including their employees and/or agents, to identify and discuss other project-related matters or concerns such as performance and reporting relationships.

(e) The Small Business Enterprises Division may review subcontract agreements, purchase orders and other related and relevant documents for the purpose of verifying that subcontractors are performing and receiving payment for the work specified therein.

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3.11.10.3 Notification of Non-Compliance –

3.11.10.3.1 The County shall issue a non-compliance and/or “failure to meet goal” notification to the CCNA Consultant/Contractor if the County determines that the CCNA Consultant/Contractor is not in compliance with its SBE utilization requirements and/or the Small Business Encouragement Program requirements (“Non-Compliance Notice”).

3.11.10.3.2 The Non-Compliance Notice shall specify the following:

(A) Identify the compliance deficiencies;

(B) Instruct the CCNA Consultant/Contractor to take the following actions (1. or 2. below) to ensure its compliance with its SBE utilization requirements and/or the Small Business Encouragement Program requirements:

1.

(aa) Immediately take action to correct the compliance deficiency; and

(bb) Submit a written commitment to the

County, within five (5) business days of the date of the notice, specifying the corrective actions to be taken to remedy the compliance deficiencies.

Such written commitment must include the specific actions to be taken and the date for completion.

OR

2. Contact the County within five (5) business days of the date of the notice to discuss any issues preventing the CCNA Consultant/Contractor’s compliance with the SBE requirements and to identify a resolution to such issues. Such resolution will be in writing and must be approved by the County’s Small Business Enterprises Division.

3.11.10.3.3 Non-Compliance – If the County issues a Non-Compliance Notice to the CCNA Consultant/Contractor and the CCNA Consultant/Contractor subsequently fails to address and/or remedy the compliance deficiencies as specified in the Non- Compliance Notice, then this failure by the CCNA Consultant/Contractor (i) may be deemed by the County to be a material breach of the Contract, and (ii) shall entitle the County to exercise any or all of the remedies set forth in the Subsection below titled “Non-Performance of Contractor and Remedies of the County”.

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3.11.11 Non-Performance of Contractor and Remedies of County

Failure by the CCNA Consultant/Contractor to comply with its SBE utilization requirements and/or comply with the requirements of the County’s Small Business Encouragement Program may be considered by the County to be a material breach of contract.

Hillsborough County reserves the right to exercise any available remedy in the event of the CCNA Consultant/Contractor’s failure to comply with its SBE utilization requirements and/or comply with the requirements of the County’s Small Business Encouragement Program.

Failure to perform under the terms of the Contract with regard to the Small Business Encouragement Program, includes, but is not limited to, the following:

3.11.11.1.1 Failure of the CCNA Consultant/Contractor (without the prior written approval of the County) to utilize the services of a SBE pursuant to a subcontract submitted to the County and utilized by the County in a determination of the CCNA Consultant/Contractor’s responsiveness to the Small Business Encouragement Program.

3.11.11.1.2 Failure of the CCNA Consultant/Contractor to address the compliance deficiencies as specified in a Non-Compliance Notice issued to the CCNA Consultant/Contractor by the County.

3.11.11.1.3 Knowingly using a front company (i.e. a firm/business which is not, in fact, a registered SBE, but poses as such in order to participate in the County's Program) to achieve SBE participation on the County Contract.

3.11.11.1.4 Making any false statement(s) or using deceit for the purpose of influencing, in any way, any action of the County.

3.11.11.1.5 Unethical or other serious lack of business integrity with regard to SBE Contract performance.

3.11.11.1.6 Failure to report payments made to identified SBE businesses in the County’s Vendor Compliance Management System (B2GNOW).

Remedies available to the County include, but are not limited to, the following:

3.11.11.1.7 Termination of the Contract with the County.

3.11.11.1.8 The exercise of any and/or all available legal remedies for breach of contract.

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3.11.11.1.9 Either the total amount (or a percentage thereof as deemed appropriate by the County) paid to the CCNA Consultant/Contractor or firm under the Contract intended for expenditure with a SBE firm and not so expended may be forfeited and recoverable by the County.

3.11.11.1.10 Any violations under this section of any applicable local, state or federal law or rule shall be referred to the applicable law enforcement or regulatory agency for investigation and/or prosecution.

3.11.11.1.11 The Director of the County’s Small Business Enterprises Division may recommend to the County’s Director of Procurement Services that the CCNA Consultant/Contractor be suspended or debarred from bidding on and/or working on County contracts pursuant to the criteria set forth in the County’s Procurement Policy.

3.11.11.1.12 Failure of the CCNA Consultant/Contractor to comply with its SBE utilization requirements and/or reporting requirements may result in the denial of bonus points to the CCNA Consultant/Contractor in future procurement solicitations issued by the County.

3.11.11.1.13 Any CCNA Consultant/Contractor or firm that falsely represents to the County, pursuant to the County Contract, that it will use the commodities or services of a SBE firm and fails to do so, may be in breach of the Contract; whereupon, the County may exercise all available remedies for breach of contract.

3.11.12 Unlicensed/Improperly Licensed SBE Firms

Any SBE firm procuring or entering into a contract/agreement to perform work for which the SBE firm is not properly licensed is in violation of Hillsborough County Ordinances 86-6, 86-7, 86-8, 86-9, and 86-10, and Chapter 489, Part I, Florida Statutes; and violations thereof may be referred to the appropriate authorities for action.

3.12 Consultant Must Use E-Verify, Must Have Legally Authorized Workforce & Utilize IMAGE Best Practices

3.12.1 E-Verify

Pursuant to Florida Statutes Section 448.095, the Consultant (and its subcontractors) are required to utilize the United States Department of Homeland Security’s (DHS) E-Verify system for all newly hired employees. The E-Verify system is an Internet-based system operated by DHS that allows participating employers to electronically verify the employment eligibility of newly hired employees.

Consultant is advised that there is no requirement that the Consultant must be registered with and use the E-Verify system prior to or at the time the Consultant

RPS-26-00367 Page 22 submits its offer to the County. However, in the event the Consultant is selected for the award of this contract, then the Consultant is required to be registered with, and use the E-Verify system. The County shall not award this contract to the Consultant if the Consultant has not complied with the E-Verify registration and usage requirements set forth in Florida Statutes Section 448.095 by or at the time of contract award.

Pursuant to Florida Statutes Section 448.095, the Consultant must obtain an affidavit from its subcontractors stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Consultant is required to maintain a copy of such affidavit for the duration of the Contract Period and shall provide the County with a copy of such affidavit within three (3) Business Days of the County’s request for said affidavit.

Consultant is advised that pursuant to Florida Statutes Section 448.095, the County is required to terminate this Contract if it has a good faith belief that the Consultant knowingly violated Florida Statutes Section 448.09(1); whereupon, the Consultant will not be eligible for award of a public contract for at least one (1) year from the date of such termination.

Consultant is advised that pursuant to Florida Statutes Section 448.095, if the County has a good faith belief that a subcontractor knowingly violated Florida Statutes Section 448.095(2) (but that the Consultant has otherwise complied with said Florida Statute), that the County is required to promptly notify the Consultant of such violation and order the Consultant to immediately terminate its contract with the applicable subcontractor.

3.12.2 Legally Authorized Workforce

Consultant is advised that the County has entered into an agreement (the IMAGE Agreement) with U.S. Immigration and Customs Enforcement (ICE) wherein the County will, in part, seek to promote the principles of ethical business conduct, prevent knowingly hiring unauthorized workers through self-governance, and encourage voluntary reporting of the discovery of unauthorized workers to ICE.

Accordingly, by submitting its Offer, Consultant represents and warrants:

3.12.2.1.1 that Consultant is in compliance with all applicable Federal, State and local laws, including, but not limited to, the laws related to the requirement of an employer to verify an employee’s eligibility to work in the United States;

3.12.2.1.2 that all of Consultant’s employees are legally eligible to work in the United States; and

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3.12.2.1.3 that the Consultant has actively and affirmatively verified such eligibility utilizing the E-Verify system and/or the Federal Government’s Employment Eligibility Verification Form (the Form I-9).

A mere allegation of Consultant’s intent to use and/or current use of unauthorized workers may not be a basis to delay the County’s award of a Contract to the Consultant unless the County has a good faith belief that the Consultant knowingly violated Florida Statutes Section 448.09(1) or such allegation has been determined to be factual by ICE prior to the date the Contract is scheduled to be awarded by the County.

Good faith claims/beliefs of the Consultant’s use of unauthorized workers must be reported to both of the following agencies: The County’s Compliance Services hotline at (813) 272-6554; and ICE (Immigration and Customs Enforcement) at 1-

866-DHS-2-ICE (1-866-347-2423).

3.12.3 IMAGE Best Practices

Consultant is required to incorporate the following IMAGE Best Practices into its business and, when practicable, incorporate verification requirements into its agreements with subcontractors:

3.12.3.1.1 Use the Department of Homeland Security employment eligibility verification program (E-Verify) to verify the employment eligibility of all new hires.

3.12.3.1.2 Use the Social Security Number Verification Service and…