1412189879 Solicitation.pdf

Invitation to Negotiate (ITN) for

Cyber Security Operations Center (CSOC) Services for

Jacksonville, FL

Solicitation Number

1412189879

Optional Pre-Response Meeting (1) (Pre NDA) via

WebEx or Teleconference on August 11, 2026 at 10:30 AM EST

Optional Pre-Response Meeting (1) (Pre NDA) URL:

https://teams.microsoft.com/meet/226292271829865?p=MMkLh3wBjStKcigk69

Meeting ID: 226 292 271 829 865

Meeting Passcode: 4Mb68D5A

Dial In: +1 469-208-1810,,36463867#

Optional Pre-Response Meeting (2) (Post NDA) via

WebEx or Teleconference on August 17, 2026 at 10:30 AM EST

Participation in the Optional Pre-Response Meeting (2) (Post NDA) requires prior completion of Appendix B – Mutual NDA. Email completed NDA provided within Zycus to dambnc@jea.com to receive meeting information.

Responses are due on September 1, 2026 by 12:00 PM EST

Responses must be electronically submitted per instructions in this Solicitation

JEA will publicly open all Responses received from qualified Respondents on September 1, 2026 at

2:00 PM EST.

For more information please contact the JEA Category Manager at:

Nickolas Dambrose at dambnc@jea.com https://teams.microsoft.com/meet/226292271829865?p=MMkLh3wBjStKcigk69 tel:+14692081810,,36463867 mailto:dambnc@jea.com

1.2) Scope of Work

The purpose of this ITN for Cyber Security Operations Center (CSOC) Services (this "Solicitation") is to evaluate and select a vendor to serve as an extension of the Company’s internal security team, delivering 24×7 monitoring, detection, response, and threat intelligence capabilities across a complex, multi-environment infrastructure. Vendor must disclose any use of AI/ML/LLMs in service delivery

A more detailed description of the Work is provided in the Technical Specifications included as an Exhibit to this

Solicitation.

Capitalized terms used in this Solicitation without definition shall have the definitions given to them in Section 2 of this Solicitation.

1.3) Background

JEA owns, operates and manages the electric system established by the City of Jacksonville, Florida since 1895. In June

1997, JEA also assumed operation of the water and sewer system previously managed by the City. JEA is located in

Jacksonville, Florida, where we proudly serve an estimated 541,076 electric, 407,161, water and 30,460 reuse water customers. JEA is Florida's largest community owned utility and the eighth largest municipal in the United States.

JEA operates a hybrid environment encompassing corporate IT assets and highly regulated Operational Technology

(OT) infrastructure subject to NERC CIP compliance requirements. The CSOC must support on-premises, cloud, and

OT/ICS environments while adhering to regulatory and operational standards.

1.4) Invitation - Submitting a Response

Respondents that meet the Minimum Qualification stated herein are invited to submit a Response to this Solicitation to perform the Work. A complete copy of this Solicitation, the Technical Specifications, forms and all other documents referenced in this Solicitation are on JEA’s E-Procurement and Contract Management Portal which is provided by

Zycus Supplier Network which can be accessed at https://zsn.zycus.com/guest/genericRegister/JEA074. Instructions on how to login to Zycus is provided below in this Solicitation.

All Responses are due at the time indicated on the title page of this Solicitation. Section 1 of this Solicitation are the instructions for submitting a Response for this Solicitation. Section 2 of this Solicitation contain the definitions and commercial contract terms associated with this procurement.

A Contract will be presented to the Respondent awarded this Work and the Contract will incorporate by reference this entire Solicitation and all associated Addenda. A sample of the JEA Contract can be found on jea.com.

All documentation submitted with a Response must reference the Solicitation Title and Number stated herein. All

Responses must be made on the appropriate forms and formats as specified by this Solicitation and uploaded to JEA’s procurement platform.

All Responses should be delivered electronically to JEA via the Zycus platform. An automated, detailed auditing system provides sealed Response integrity. Responses remain sealed on the platform until the Close Date & Time

(Due Date & Time).

A Respondent shall be solely responsible for timely delivery of its Response to the Zycus Supplier

Network. Respondents are strongly encouraged to acquire log in credentials early as possible. Additionally

Respondents are encouraged to submit Responses early to ensure uploading process goes smoothly. If Respondent is not able to submit its Response via Zycus, then please email the Response to the JEA Buyer identified in the

Section below titled "Questions".

Responses are due by the time and on the date stated on the cover page of this Solicitation. LATE RESPONSES

MAY BE REJECTED.

https://zsn.zycus.com/guest/genericRegister/JEA074

1.5) Zycus Instructions

I. How to Log Into Zycus

A. New Users – Zycus

1. New Users will need to register to login. Registration will require Company name, address, phone, contact, title, phone and email address. Also, it is recommended users use Google Chrome to access Zycus.

2. Note if the company is already doing business with JEA, you may find the company is already registered in Zycus.

To find out if you are registered, try entering your email address in the New User Registration screen. If you receive a message stating “Email ID already registered”, log in as an Existing User Log-in”. If you don’t know your password, enter your email address and click on “Forgot Password”.

B. Existing Users or New Users with Previously Registered Emails

1. Once the user has a login on the sourcing platform select “Existing User Log-in”, the user may navigate to the solicitation by selecting the icon for the applicable solicitation.

II. How to Submit a Response Using Zycus

1. Once logged in, users will see all JEA Sourcing Events, then select the applicable event.

2. Once in the Sourcing Event. The Sourcing Event has prompts for actions required to respond to the solicitation.

3. For the user to proceed to submit a Response to JEA using Zycus, the user will be required to provide its acceptance of the of the Zycus iSource Terms & Conditions associated with the work. Such Terms and Conditions may cover non-disclosure, safety, cyber security, Invitation for Bid contract terms, etc.

4. Once all terms are accepted, additional Solicitation information will be available for viewing and submitting a

Response by selecting “Confirm Participation”. JEA will then have a record indicating the company intends to submit a Response.

5. A user then can respond to each section of the Solicitation, once completed with each section, select “Save”. Note each section has a red, yellow, green light code. Items will turn green once completed. Yellow and red lights mean there is additional action required. Users may also note under each tab, there are multiple questions to respond to, scroll down the list to ensure all questions are answered.

6. In most Solicitations, JEA will provide Technical Specifications, pricing tables in Excel which the user will need to download. Additionally, Excel pricing tables may need to be uploaded once completed to as part of the Response.

Users can download the required attachments by selecting the “Buyers Attachments” icon.

7. Once the required forms are uploaded and saved, the section light will turn green. Once all sections are completed and green lighted, the User may select “Submit Response”.

8. Once the user selects “Submit Response”, the user will receive a “Success” pop-up when submitted.

9. Once submitted users may recall and modify submitted documentation and submit information until the Response

Due Date and Time.

10. Zycus does not automatically transfer a pricing submission from the qualifying round into live auction setting for award consideration. Each user shall manually re-submit its qualifying Response into the live auction environment for consideration of award.

1.6) Questions

All Questions must be submitted in writing to the JEA Buyer listed herein at least five business days prior to the opening date. Questions received within five business days prior to the opening date may not be answered.

1.7) Pre-Response Meeting

There may be an optional Pre-Response meeting associated with this Solicitation at the date and time listed on the cover page of this Solicitation. All interested Respondents are invited to attend the Pre-Response meeting. Those planning to attend the Microsoft Teams teleconference may email their name and contact information to the JEA

Buyer listed herein at least 48 hours prior to the Pre-Response meeting to facilitate roll call. A Respondent must only sign in representing one company, unless otherwise agreed to by JEA in writing.

1.8) Opening of Responses

All Responses received shall be publicly announced and recorded via Microsoft Teams at the date and time indicated on the cover page of this Solicitation.

The details for the Microsoft Teams will be on jea.com at the following website: https://www.jea.com approximately

48 hours before the Response opening.

At the opening of Responses, a JEA representative will publicly open each Response that was received prior to the

Date and Time, except for those Responses that have been properly withdrawn. JEA has the right to waive irregularities or informalities in the Responses to the extent allowable under applicable laws.

1.9) Alternate Provisions and Conditions

Terms and conditions found in Responses that are contrary to requirements found in this Solicitation, including, but not limited to, the Contract terms and conditions contained in Section 2 of this Solicitation and any requirements found in the Technical Specifications attached as an exhibit or attachment to this Solicitation, will be rejected and are of no force and effect. However, JEA reserves the right to negotiate different terms and conditions and requirements if JEA determines that such terms and conditions and requirements are in the best interest of JEA.

1.10) Minimum Qualifications

Respondent must meet the following Minimum Qualifications to be considered eligible to have its Response evaluated by JEA. Respondent must complete and submit the Minimum Qualification Form provided in this Solicitation.

Respondents that are working or have worked for JEA in the past 2 years involving similar work must submit JEA as a reference. JEA reserves the right to ask for additional back up documentation or additional reference projects to confirm the Respondent meets the requirements stated below.

JEA may reject Responses from Respondents not meeting all of the following Minimum Qualifications:

• Awarded Company’s data (encrypted at rest and in transit with controlled access), support team, and personnel assigned to JEA and JEA’s supporting activities associated with this contract shall be based within the continental United States of America to meet data sovereignty and legal compliance needs.

AND

• Company shall provide two (2) client references within the last seven (7) years in which the Company provided similar managed services. Similar managed services are defined as including integrated Security

Operations Center (SOC) and Security Information Event Management (SIEM) that includes real time monitoring, alert triage, and threat containment.

A. One of the two (2) references shall demonstrate expertise in a regulated sector (ie. Energy, Water, Healthcare) with Compliance alignment to NIST, CSF, ISO 27001, or NERC CIP.

B. One of the two (2) references shall demonstrate proven expertise in ServiceNow and Splunk

1.11) Number of Contracts to be Awarded

JEA intends to Award one (1) Contract for the Work. JEA reserves the right to Award more than one Contract based on certain groupings of the Work items, or JEA may exclude certain Work items, if JEA determines that it is in its best interest.

1.12) Insurance Requirements

Prior to JEA issuing a Purchase Order to the Company to begin the Work, the Company shall submit a certificate of insurance (COI) that is in compliance with amounts and requirements as indicated in this Solicitation. Note that the

COI shall specifically indicate JEA as additional insured on all required insurance except Worker's Compensation and

Professional Liability (if applicable). Furthermore, waiver of subrogation must be provided for all required insurance in favor of JEA, including its board members, officers, employees, agents, successors, and assigns.

1.13) Liquidated Damages In Contract

The Contract issued pursuant to this Solicitation contains liquidated damages tied to project completion deadlines. The

Respondent should review the specific time frames and liquidated damage amounts prior to submitting its Response.

1.14) Optional Use of Small and Emerging Business Program

It is at the Respondent's option as to whether it chooses to subcontract with a JSEB firm. JEA encourages the use of

JSEB firms; however, the Respondent is not required to utilize a JSEB to be awarded a Contract under this

Solicitation.

For more information regarding the JSEB program, please contact Bill Hickey, JEA, Manager of Supplier Diversity

Programs and Procurement Services, hickwj@jea.com or jsebprogram@jea.com.

1.15) Basis of Award - Highest Evaluated

JEA will use the Selection Criteria listed below to evaluate the Responses. JEA may make its Award decision based solely upon the information submitted in the Responses. JEA may also choose to have one or more Respondent make presentations to representatives of JEA. It is always in the best interest of the Respondent to provide informative, concise, well-organized technical and business information relative to the Work, in both the initial submittal of its

Response and in any subsequent submittals.

Please note, JEA may reject Responses that request material changes or take exceptions to JEA commercial terms and conditions.

Responses will be scored and ranked by a committee of evaluators. Each evaluator will individually score the

Responses using the evaluation matrix attached to this Solicitation. Using these scores, each evaluator will rank the

Responses using "1" for the Response receiving the highest number of points from the matrix. Responses with an equal number of points will receive the same numerical ranking. JEA will total the numerical rankings for each

Response and consider the Response with the lowest total to be the most highly qualified Response. Any tie will be broken using the total of the matrix scores of all evaluators. If a tie persists, the tie will be broken in accordance with the JEA Procurement Operational Procedures.

1.16) ITN Evaluation and Negotiation Process

Introduction

JEA may make its Award decision based solely upon the information submitted in the Responses and corresponding activities found within this process. JEA may also choose to have one or more Respondent make presentations to representatives of JEA.

It is always in the best interest of the Respondent to provide informative, concise, well-organized technical and business information relative to the Work, in both the initial submittal of its Response and in any subsequent submittals.

Prior to developing the Short-list, JEA may request that the Respondents provide additional information to clarify their

Response.

Respondents are cautioned to present the best possible pricing offer in their initial Responses. Failing to do so may result in a Respondent not making the Short-list and not being allowed to proceed with contract negotiations.

Additionally, the Total Bid Price submitted with the initial Response may not be increased during the Solicitation process except when either i) based on a request from JEA for material changes in the scope of Work, or ii) in partial award bids, the Respondent is increasing solely on additional work scope being quoted, or iii) as a result of a change in law occurring during the solicitation process.

JEA reserves the right to seek clarifications, to request Response revisions, and to request any additional information deemed necessary for proper evaluation of the Responses. JEA reserves the right to incorporate value added services or industry standard innovations recommended by a Respondent into the Contract's scope of work.

Minimum Qualification and Evaluation Process Initiation

JEA Procurement will distribute a copy of each Response to the designated Lead Evaluator or alternative for the purpose of validation of the Response meeting Minimum Qualifications.

JEA may allow Respondents to submit additional reference projects or change said reference projects that were initially submitted for the purposes of meeting the Minimum Qualifications stated in this Solicitation. JEA may also request clarification of submitted documentation so that JEA may make an accurate assessment in developing the

Short-list. JEA must be satisfied that the successful Respondent has the necessary technical expertise, experience, and resource capabilities to satisfactorily perform the Work described in this Solicitation.

Upon Minimum Qualification review, JEA Procurement with approval of the JEA Chief Procurement Officer (the

"CPO"), or their designee, shall issue any applicable notice of disqualification to Respondents who do not meet the

Minimum Qualifications defined in the solicitation.

Once a final list of Respondents meeting all requirements of the solicitation, JEA Procurement will distribute a copy of each remaining Response to each member of the Selection Committee, and the members of the Selection Committee will separately and independently evaluate and rank the Responses using the "Selection Criteria" as stated below in this Solicitation.

Short-list Process

JEA intends to select Respondents (the "Short-list") with which to commence negotiations. A selection committee

(hereinafter referred to as the "Selection Committee"), will be appointed by the Chief Procurement Officer (the

"CPO"), or their designee, to review, evaluate, and rank each Response submitted.

Responses will be scored and ranked by a committee of evaluators. Each evaluator will individually score the

Responses using an evaluation matrix. Using these scores, each evaluator will rank in order the Responses starting with "1" for the Response receiving the highest number of points from the matrix and increasing in point value respective to the order of rank. JEA will total the numerical rankings for each Response and consider the Response with the lowest total to be the most highly qualified Response.

JEA will use this ranking to develop the Short-list of companies with which to proceed with contract negotiations.

JEA reserves the right to recommend an Award based on the Selection Committee's initial evaluation of the Responses if JEA deems the Responses demonstrate adequate competition, compliance, and responsiveness to this Solicitation. If

JEA determines the previously stated criteria have not been met, JEA will finalize the Short-list and may proceed with contract negotiations at its sole discretion.

The rank and short-list will be announced in a public meeting. The date and time of the public meeting will be posted on jea.com.

Negotiation, BAFO, Final Evaluation, and Award Process

Once a Short-list is developed, the CPO, or his designee, will appoint a negotiating team (the "Negotiating Team").

The Negotiation Team may be comprised of the same individuals as were members of the Selection Committee. JEA reserves the right to (i) negotiate concurrently or separately with the Short-list Respondents and (ii) to request a Best and Final Offer from the Short-List Respondents without first engaging in contract negotiations.

Negotiations and vendor presentations will not be open to the public but will be recorded. All recordings made, any records, documents, and other materials presented at negotiation sessions are public records in accordance with Florida

Statutes Chapter 286, and can be released pursuant to a public records request under Florida Public Records Law, Florida Statutes, Chapter 119, subject to applicable public records exemptions.

Presentations and Additional Clarifications

A Respondent that is included on the Short-list may be required, at the sole option of JEA, to make an oral presentation, provide additional written clarifications to its Response, or JEA may require site visits to Respondent's facilities. Oral presentations, handouts, and written clarifications will be attached to the Respondent's Response and will become a part of the Response as if originally submitted. The CPO or his designee will initiate and schedule a time and location for any presentations that may be required.

While evaluating Responses, JEA may request clarification or additional information from the Respondent about any item in its Response. Such requests will be sent consistent with the protocols outlined in this Solicitation and the

Respondent must provide a response back to JEA within five (5) business days unless otherwise specified by JEA, or

JEA, at its sole discretion, may deem the Respondent to be non-responsive and either suspend or terminate further evaluation of its Responses.

References

As a part of the negotiation process, JEA may contact the references provided by the Respondent for independently verifying the information provided in the Response, and to assess the extent of success of the projects associated with those references. JEA also reserves the right to contact references not provided by Respondents. Respondents may be requested to provide additional references. The results of the reference checking may influence the final negotiation, ranking, and Award recommendation.

Best and Final Offer (BAFO)

After written clarifications, oral presentations, site visits, and any other negotiations deemed by JEA to be in its best interest, the Short-list Respondents will be given a deadline to submit their best and final offer (the "Best and Final

Offer" or "BAFO"). The negotiation process will stop upon submission of the BAFO. Respondents will not be allowed to make further adjustments to their BAFO or communicate further with JEA, except to respond to requests for clarification from the Negotiating Team.

JEA reserves the right to change the scoring criteria in the BAFO.

Scoring, Ranking, Evaluating, and Award Recommendation

Responses will be scored and ranked by a committee of evaluators. Each evaluator will individually score the

Responses using an evaluation matrix. Using these scores, each evaluator will rank in order the Responses starting with "1" for the Response receiving the highest number of points from the matrix and increasing in point value respective to the order of rank. JEA will total the numerical rankings for each Response and consider the Response with the lowest total to be the most highly qualified Response.

The JEA Negotiating Team will adjust and calculate the final rankings of the Short-list based on the BAFO submissions. JEA does not anticipate reopening negotiations after receiving the BAFOs but reserves the right to do so if it believes doing so will be in the best interests of JEA. In the event that JEA reopens negotiations, any final rankings will be revised accordingly.

The final rank will be announced in a public meeting. The date and time of the public meeting will be posted on jea.com.

The Award recommendation of the Negotiating Team will be based upon the ranking of the BAFOs and the Selection

Criteria described below in this Solicitation. At JEA’s discretion, using the selection criteria found below, JEA may elect to evaluate the BAFO proposals, re-score selection criteria as appropriate, and rank the Responses based solely on the evaluation of the BAFO proposals. The Respondent(s) with the best overall rank will be submitted to the CPO for approval. Once approved, the CPO will then present an Award(s) to the JEA Awards Committee for approval if applicable per JEA Procurement Code.

Reservation of Rights and Disclaimers

Please note, JEA may, in its sole discretion, reject Responses that request material changes or take exceptions to JEA commercial terms and conditions.

In its sole discretion, JEA reserves the right to withdraw this Solicitation either before or after receiving Responses, to reject any and all Responses either in whole or in part, with or without cause, or to waive any Solicitation requirement informalities, minor irregularities, and deficiencies in any Response, and to determine such action is in the best interest of JEA. Issuance of this Solicitation in no way constitutes a commitment by JEA to make an Award or enter into a

Contract(s).

All Responses submitted to JEA are subject to the JEA's terms and conditions contained in this Solicitation and JEA's

Procurement Code. Any and all additional terms and conditions submitted by Respondents are rejected and shall have no force.

1.17) Selection Criteria

The following criteria will be used by JEA to evaluate and rank Responses from Respondents who meet the Minimum

Qualifications specified in this Solicitation.

1.18) QUOTATION OF RATES

Maximum score: 30 Points

Respondent shall provide a firm-fixed price quote for all Work in this Solicitation. The prices quoted must include all profit, taxes, benefits, travel, percent mark-up, and all other overhead items.

The prices quoted by Respondent on the Response Form must be firm-fixed prices, not estimates.

1.19) PAST PERFORMANCE/COMPANY EXPERIENCE

Maximum score: 20 Points

The two (2) client references provided in the minimum qualifications will be evaluated. Higher points will be scored for projects with similar scope and complexity as contained in Appendix A Technical

Specifications which include the following characteristics:

• Awarded Company’s data (encrypted at rest and in transit with controlled access), support team, and personnel assigned to JEA and JEA’s supporting activities associated with this contract shall be based within the continental United States of America to meet data sovereignty and legal compliance needs.

AND

• Company shall provide two (2) client references within the last seven (7) years in which the Company provided similar managed services. Similar managed services are defined as including integrated Security

Operations Center (SOC) and Security Information Event Management (SIEM) that includes real time monitoring, alert triage, and threat containment.

A. One of the two (2) references shall demonstrate expertise in a regulated sector (ie. Energy, Water, Healthcare) with Compliance alignment to NIST, CSF, ISO 27001, or NERC CIP.

B. One of the two (2) references shall demonstrate proven expertise in ServiceNow and Splunk

JEA will give higher point consideration for references that demonstrate expertise in the following areas:

1. Ability to support forensic analysis and MDR/EDR if required.

2. Ability to maintain and tune Splunk on-premises/Cloud platforms.

3. Mature daily threat and incident report process.

4. Familiarity with ServiceNow ticket handling for RITMs, Incidents and Changes or similar Tier 1 ticketing system

5. Demonstration of compliance to similar SLA metrics as contained in Section 4 of Appendix A – Technical

Specifications

6. Prior project experience, successful solution implementations, or ongoing operational support involving

Trend Micro and ExtraHop.

At Minimum include the following information:

o Reference Company Name o Reference Contact Person Name o Reference Contact Person Name Phone and Email Address o Describe how the project/contract is similar to JEA’s Scope of Work

1.20) Experience, Location and Availability of Professional Personnel

Maximum score: 20 points

Respondent shall provide a maximum of three (3) resumes of the professional staff available to be assigned to the JEA engagement (the "Work"). The resumes provided shall identify the Lead Account Manager and two (2) Primary

Analysts. If Respondent submits a resume of a Subcontractor that is employed by a JSEB firm, please note this on the resume.

At a minimum, each resume shall present the employee's name, title, years of service with the Respondent, applicable professional registrations, education, and work experience. Resumes shall identify any specialty or technical process expertise. Resumes shall be one page in length. If a multiple page resume is submitted, only the information contained on the first page will be evaluated by JEA. Additionally, no more than three (3) resumes will be evaluated.

Finally, Respondent shall provide an organizational chart delineating the Respondent’s personnel responsibilities and functions associated with the Work. If applicable, this chart shall also delineate any responsibilities and functions of subcontractor and/or JSEB firms.

1.21) ABILITY TO DESIGN AN APPROACH AND WORK PLAN:

Maximum score: 30 Points

The Company shall complete Appendix B – CSOC Service Provider Questionnaire that addresses the following areas of inquiry.

General Information:

See Appendix B - CSOC Service Provider Questionnaire for details.

Technology Onboarding:

Technology Operation, Administration and Management

Managed Security Services

Managed Security Service Support and Customer Management

1.22) OPTIONAL PRESENTATION/DEMONSTRATION

Maximum Score (if applicable): 30 Points

In its sole discretion, JEA may request and evaluate optional presentations or demonstrations. and give additional points to a short-list of Respondents using the following criteria:

Respondent’s service delivery team was cohesive, interacted and communicated well with the JEA team, and have the ability to be an effective strategic partner for JEA in the future.

Respondent ’s resources participating in the presentation or demonstration had the appropriate skills, experience and knowledge.

Respondent ’s demonstrated an ability to meet JEA’s requirements

1.23) Tie

In the event of a tie score, the tie shall be resolved in accordance with JEA's Procurement Code and Operational

Procedures.

1.24) Required Forms to be Submitted

The following forms must be completed and submitted to JEA at the timeframes stated below. The Respondent can obtain the required forms, other than the Minimum Qualification Form, Response Form and Response Workbook, by downloading them from JEA.com.

A. The following forms are required to be submitted with the Response:

• Response Workbook - This can be found in Appendix B of this Solicitation

• List of JSEB Certified Firms (if any)

• Subcontractor Form (if any). If (any) Subcontractors are utilized to perform this Work, they shall be listed on the referenced Subcontractor Form as Appendix B.

• CIP Supply Chain Risk Assessment - This form can be found in Appendix B of this Solicitation

• Business Requirements – This form can be found in Appendix B of this Solicitation

• Mutual NDA - This form can be found in Appendix B of this Solicitation. Completion of this document is required prior to delivery of Appendix A – Technical Specifications. Participation in the optional Pre-Response meeting (2) also requires completion of this document.

If the above listed forms are not submitted with the Response by the Response Due Time and Date, JEA may reject the

Response.

B. JEA also requests the following documents to be submitted prior to Contract execution. A Response will not be rejected if these forms are not submitted at the Response Due Date and Time. However, failure to submit these documents prior to Contract execution could result in Response rejection.

• Conflict of Interest Certificate Form - This form can be found at JEA.com

• Insurance certificate

• W-9

• Evidence of active registration with the State of Florida Division of Corporations (www.sunbiz.org)

• Any technical submittals as requires by the Technical Specifications

1.25) Addenda Issuance (ITN)

JEA may issue Addenda prior to the opening of Responses to change or clarify the intent of this Invitation to

Negotiate (ITN). The Respondent shall be responsible for ensuring it has received all Addenda prior to submitting its

Response and shall acknowledge receipt of all Addenda by completing the Confirmation of Receipt of ITN Addenda.

JEA will post Addenda when issued online at JEA.com. Companies must obtain Addenda from the JEA.com website.

All Addenda will become part of the ITN and any resulting Contract Documents. It is the responsibility of each Respondent to ensure it has received and incorporated all Addenda into its Response. Failure to acknowledge receipt of Addenda may be grounds for rejection of a Response at JEA's sole discretion.

1.26) Contract Execution and Start of Work

Within 30 days from the date of Award, JEA will present the successful Respondent with the Contract. Unless expressly waived by JEA, the successful Respondent must execute a Contract for the Work within 10 days after receiving the Contract from JEA. If the Respondent fails to execute the Contract or associated documents as required, JEA may cancel the Award with no further liability to the Respondent and retain any bid security or bond.

Upon JEA's receipt of the executed Contract, certificate of insurance, and recorded Payment and Performance bonds

(if applicable), JEA will issue a PO, in writing and signed by an authorized JEA representative as acceptance of the

Response and authorization for the company to proceed with the Work, unless otherwise stated in the Contract or PO.

For Construction Services: In the event that JEA intends to authorize the successful Respondent to proceed with administrative work only, or with only a portion of the Work, then the PO shall state the specific limitations of such authorization and JEA will issue a separate written Notice to Proceed to authorize the Respondent to begin Field Work, when applicable, or to perform the remainder of the Work, or any portion thereof. The Respondent shall ensure that it is prepared to begin Field Work upon receipt of Notice to Proceed. Any Work performed outside of this partial authorization shall be at the Respondent's risk and JEA shall have no obligation to pay for such Work.

1.27) Ex Parte Communication

Ex Parte Communication is defined as any inappropriate communication concerning a Solicitation between any officers, employees or other representatives of Respondent and a JEA representative during the time in which the

Solicitation is being advertised through the time of Award. Examples of inappropriate communications include:

private communications concerning the details of the Solicitation in which a company becomes privy to information not available to the other Respondents. Social contact between companies and JEA Representatives should be kept to an absolute minimum during the Solicitation process.

Ex Parte Communication is strictly prohibited. Failure to adhere to this policy will disqualify the noncompliant

Respondent. Any questions or clarifications concerning this Solicitation must be sent in writing via email to the JEA

Buyer at least five business days prior to the opening date. If JEA determines that a question should be answered or a requirement should be clarified, JEA will issue an Addendum to the Solicitation.

1.28) Conflict of Interest

This conflict of interest policy applies to all JEA construction projects ("Project"). Any company bidding the construction phase of a Project cannot at the time of Response/bid submittal, be affiliated with or have any direct or indirect ownership interest in the architect/engineer ("Designer") of record. The company will also be prohibited from bidding if the Designer has any direct or indirect ownership interest in the Contractor. Should JEA erroneously award a contract in violation of this policy, JEA may terminate the contract at any time with no liability to company, and company shall be liable to JEA for all damages, including but not limited to the costs to rebid the Project. The purpose of this policy is to encourage bidding and eliminate any actual or perceived advantage that one Respondent may have over another.

1.29) Certifications and Representations of the Company

By signing and submitting its Response, the Respondent certifies and represents as follows:

A. That the individual signing the Response is duly authorized to contractually bind the Respondent to the terms and conditions of this Solicitation and the Contract. Respondent shall provide satisfactory evidence of such authority within three days of JEA’s request.

B. That every aspect of the Response and the detailed schedule for the execution of the Work, are based on its own knowledge and judgment of the conditions and hazards involved, and not upon any representation of JEA. JEA assumes no responsibility for any understanding or representation made by any of its representatives during or prior to execution of the Contract unless such understandings or representations are expressly stated in the Contract and the

Contract expressly provides that JEA assumes the responsibility.

C. That, if successful, the Respondent will be registered to conduct business in the State of Florida and in active status with the Florida Division of Corporations at the time of execution of a Contract.

D. That the Respondent maintains in active status any and all licenses, permits, certifications, insurance, bonds and other credentials including, but not limited to, all licenses necessary to perform the Work. The Respondent also certifies that, upon the prospect of any change in the status of applicable licenses, permits, certifications, insurances, bonds or other credentials, the Respondent shall immediately notify JEA of status change.

1.30) Ethics

By submitting a Response, the Respondent certifies that its Response is made without any previous understanding, agreement or connection with any other person, firm, or corporation submitting a Response for the same Work other than as a Subcontractor or supplier, and that the Response is made without outside control, collusion, fraud, or other illegal or unethical actions. The Respondent shall comply with all JEA and City of Jacksonville ordinances, policies and procedures regarding ethics.

The Respondent shall submit only one Response to this Solicitation. If JEA has reasonable cause to believe the

Respondent has submitted more than one Response for the same Work, other than as a Subcontractor or sub-supplier, JEA shall disqualify the Response and may pursue debarment actions.

The Respondent shall disclose the name(s) of any public officials who have any financial position, directly or indirectly, in Respondent or its Response by completing and submitting the Conflict of Interest Certificate Form available at jea.com. Failure to fully complete and submit the Conflict of Interest Certificate will disqualify the

Response. If JEA has reason to believe that collusion exists among the Respondents, JEA shall reject any and all

Responses from such Respondents and will proceed to debar the Respondents from future JEA Awards in accordance with the JEA Procurement Code.

JEA is prohibited by its Charter from awarding contracts to JEA board members, officers or employees, and is prohibited from awarding contracts in which a JEA officer or employee has a financial interest. JEA shall reject all

Responses from JEA board members, officers or employees, as well as, all Responses in which a JEA officer or employee has a financial interest.

In accordance with Florida Statutes Sec. 287.133, JEA shall reject Responses from any persons or affiliates convicted of a public entity crime as listed on the Convicted Vendor list maintained by the Florida Department of Management

Services. JEA shall not make an Award to any officer, director, executive, partner, shareholder, employee, member, or agent active in management of the Respondent listed on the Convicted Vendor list for any transaction exceeding

$35,000 for a period of 36 months from the date of being placed on the Convicted Vendor list.

JEA shall also reject any Responses from any persons or affiliates that are listed on State of Florida’s Suspended

Vendor List, the City of Jacksonville’s Disqualified Vendor List, JEA’s Suspended Vendors list, or have had a contract with JEA terminated for default within the last two (2) years.

1.31) JEA Publications

Applicable JEA publications are available at jea.com.

1.32) Mathematical Errors

In the event of a mathematical error in calculation of the prices entered on the Response, the Unit Prices will prevail.

The corrected price utilizing the Unit Prices quoted by Respondent will be used to determine if the Company is awarded a Contract for the Work and the corrected pricing will be used throughout the Term.

1.33) Modification or Withdrawal of Responses

The Respondent may modify or withdraw its Response at any time prior to the Response Due Date and Time by giving written notice to JEA's Chief Procurement Officer by submitting an updated Response. JEA will not accept modifications submitted by telephone, telegraph, email, or facsimile, or those submitted after the Response Due Date and Time. The Respondent may not modify or withdraw its Response for a period of 90 days following the opening of

Responses.

1.34) Notice of Prohibition Against Considering Social, Political, or Ideological Interests

Pursuant to Section 287.0501, Florida Statutes, JEA may not:

(i) Request documentation of or consider a vendor’s social, political, or ideological interests when determining whether a vendor is a responsible vendor; or

(ii) Give preference to a vendor based on the vendor’s social, political, or ideological interests.

1.35) Prohibition Against Contingent Fees

The Respondent warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Respondent, or an independent sales representative under contract with the Respondent, to solicit or secure a contract with JEA, and that it has not paid or agreed to pay any person, company, corporation, or other individual, other than a bona fide employee working solely for the Respondent, or an independent sale representative under contract with the Respondent, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the Award or the Contract. If a breach or violation of the provisions occurs, JEA shall have the right to terminate the Contract without liability, and at its discretion, to deduct from the Contract Price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.

1.36) Protest of Solicitation and Award Process

Any protests regarding this Solicitation must be filed in writing and in accordance with the JEA Procurement Code, as amended from time to time. The JEA Procurement Code is available online at www.jea.com.

1.37) Availability Of Response After Opening

In accordance with the Florida Public Records Law, Florida Statutes, Chapter 119, copies of all Responses are available for public inspection thirty (30) days after the opening of Responses or on the date of Award announcement, whichever is earlier. Respondents may review opened Responses once they are available for public inspection by contacting the designated JEA Buyer or JEA's Public Records custodian whose contact information can be found at jea.com. JEA will post a summary of the Response results immediately after the Response opening.

1.38) Reservation of Rights of JEA

This Solicitation provides potential Respondents with information to enable the submission of written offers. This

Solicitation is not a contractual offer or commitment by JEA to purchase products or services.

JEA reserves the right to reject all Responses, and to waive informalities if JEA deems such action to be in its best interest. JEA may reject any Responses that it deems incomplete or irregular including, but not limited to, Responses that omit a price on any one or more items for which prices are required, Responses that omit Unit Prices if Unit Prices are required, Responses that offer equal items when the option to do so has not been stated, and Responses that fail to include a Bid Bond, where one is required.

JEA reserves the right to cancel, postpone, modify, reissue and amend this Solicitation at its discretion.

JEA reserves the right to cancel or change the date and time announced for opening of Responses at any time prior to the time announced for the opening of Responses. JEA may Award the Contract in whole or in part. JEA may award multiple or split Contracts if it is deemed to be in JEA's best interest.

1.39) Sunshine Law

Article I, Section 24, Florida Constitution, guarantees every person access to all public records and Chapter 119, Florida Statutes, provides a broad definition of public records. JEA is subject to these laws and related statutes

("Florida's Public Records Laws"). All Responses to this Solicitation or RFI are public record and available for public inspection unless specifically exempt by law.

If a Respondent believes that any portion of the documents, data or records submitted in response to this Solicitation or RFI are exempt from Florida's Public Records Law, Respondent must (1) clearly segregate and mark the specific sections of the document, data or records as "Confidential," (2) cite the specific Florida Statute or other legal authority for the asserted exemption, and (3) provide JEA with a separate redacted copy of its Response (the "Redacted Copy").

The cover of the Redacted Copy shall contain JEA's title and number for this Solicitation or RFI and Respondent's name, and shall be clearly labeled "Redacted Copy." Respondent should only redact those portions of records that

Respondent claims are specifically exempt from the Florida Public Records Laws. If Respondent fails to submit a redacted copy of information it claims is confidential, JEA is authorized to produce all documents, data and other records submitted to JEA in answer to a public records request for such information.

In the event of a request for public records to which documents that are marked as confidential are responsive, JEA will provide the Redacted Copy to the requestor. If a requestor asserts a right to any redacted information, JEA will notify Respondent that such an assertion has been made. It is Respondent's responsibility to respond to the requestor to assert that the information in question is exempt from disclosure under applicable law. If JEA becomes subject to a demand for discovery or disclosure of Respondent's redacted information under legal process. JEA shall give

Respondent prompt notice of the demand prior to releasing the information (unless otherwise prohibited by applicable law.) Respondent shall be responsible for defending its determination that the redacted portions of its Response are not subject to disclosure.

By submitting a Response to this Solicitation or RFI, Respondent agrees to protect, defend, and indemnify JEA from and against all claims, demands, actions, suits, damages, losses, settlements, costs and expenses (including but not limited to reasonable attorney fees and costs) arising from it relating to Respondent's determination that the redacted portions of its Response to this Solicitation or RFI are not subject to disclosure.

IF THE COMPANY HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE COMPANY'S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT

THE CUSTODIAN OF PUBLIC RECORDS AT:

JEA

Attn: Public Records

225 North Pearl Street

Jacksonville, FL 32202

Ph: 904-665-8606 publicrecords@jea.com

1.40) Scrutinized Companies

Pursuant to Section 287.135(2), Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services of:

(1) Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, contractor is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or

(2) One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, contractor:

i. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes; or

ii. Is engaged in business operations in Cuba or Syria.

Pursuant to Section 287.135(3)(a)4, Florida Statutes, JEA may terminate this Contract at JEA’s option if this Contract is for goods or services in an amount of one million dollars or more and the Company:

(1) Is found to have submitted a false certification under Section 287.135(5), Florida Statutes;

(2) Has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes;

(3) Is engaged in business operations in Cuba or Syria.

Pursuant to Section 287.135(3)(b), Florida Statutes, JEA may terminate this Contract at JEA’S option if this Contract is for goods and services of any amount and Company:

(1) Is found to have been placed on the Scrutinized Companies that Boycott Israel List; or

(2) Is engaged in a boycott of Israel.

1.41) Subcontractors Use for the Performance of the Work

The Respondent must list the names of the major Subcontractors that it intends to use for this Work, unless the Work will be self-performed by the Respondent. The Subcontractors must be listed on the Subcontractors Form which is available at jea.com. Failure to submit this form with the Response may result in rejection of Respondent's Response.

The Respondent shall not use Subcontractors other than those shown on the Subcontractor Form unless it shows good cause and obtains the JEA Representative's prior written consent.

If the Respondent plans to use Subcontractors to perform over 50% of the Work, the Respondent shall obtain JEA's approval at least five days prior to the Response Due Date. Failure to obtain JEA approval may result in rejection of the Respondent's Response.

1.42) Defined Terms

Words and terms defined in…