17-067-KP.pdf

Board of County Commissioners County Administrator

Paulette Burdick, Mayor Verdenia C. Baker Melissa McKinlay, Vice Mayor Hal R. Valeche Dave Kerner Steven L. Abrams Mary Lou Berger Mack Bernard Purchasing Department www.pbcgov.org/purchasing

BOARD OF COUNTY COMMISSIONERS

NOTICE OF SOLICITATION

RPQ #17-067/KP

REQUEST FOR PRE-QUALIFICATION OF VENDORS FOR THE PURCHASE OF

VARIOUS TYPES OF LUMBER, TERM CONTRACT

SUBMISSION DATE: AUGUST 24, 2017 AT 4:00 P.M.

It is the responsibility of the Vendors to ensure that all pages are included. Therefore, all Vendors are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department Contact specified herein.

VENDORS SHALL PROVIDE A RESPONSE IN A SEALED PACKAGE OR CONTAINER SIGNED BY

AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM.

FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR RESPONSE.

C A U T I O N

In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system.

It is the vendor’s sole responsibility to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of quotes.

Palm Beach County shall not be responsible for the completeness of any solicitation that was not downloaded from our VSS system or obtained directly from the Purchasing Department.

In accordance with the provisions of ADA, this document may be requested in an alternate format.

50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199

(561) 616-6800 FAX: (561) 616-6811

http://www.pbcgov.org/purchasing https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

BOARD OF COUNTY COMMISSIONERS

Palm Beach County

REQUEST FOR PRE-QUALIFICATION RPQ #17-067/KP

RPQ #17-067/KP TITLE: PRE-QUALIFICATION OF VENDORS FOR THE PURCHASE OF VARIOUS

TYPES OF LUMBER, TERM CONTRACT

PURCHASING DEPARTMENT CONTACT: KERRY L. PARKER TELEPHONE NO.: (561) 616-6814

FAX NO.: (561) 242-6714 E-MAIL ADDRESS: kparker@pbcgov.org

SUBMIT QUALIFICATION RESPONSES TO: PALM BEACH COUNTY PURCHASING DEPARTMENT, ATTN: KERRY L.

PARKER, 50 S. MILITARY TRAIL, SUITE #110, WEST PALM BEACH, FL 33415.

This Request for Pre-Qualification, General Conditions, Instructions to Respondent(s), Special Conditions, Specifications, Attachments, Amendments (if issued), and / or any other referenced document form a part of this Request for Pre-Qualification solicitation and response thereto, and by reference are made a part thereof. The Pre-Qualified Vendor(s) (hereinafter referred to as “Vendor” or “Quoter”) shall be bound by all terms, conditions and requirements in these documents.

PURPOSE AND EFFECT: It is the sole purpose and intent of this Request for Pre-Qualification to select a sufficient number of Vendors to provide Palm Beach County with goods and / or services as listed herein. The Vendors selected are hereby placed on notice that acceptance of its Request for Pre-Qualification by Palm Beach County shall constitute a binding contract.

GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR VENDORS

GENERAL CONDITIONS

1. GENERAL INFORMATION

Vendors are advised that this package constitutes the complete set of specifications, terms, and conditions which in addition to the recommended quotation, based on a project by project basis, forms the binding contract between Palm Beach County and Vendor. Changes to this Request for Pre-Qualification may be made only by written amendment issued by the County Purchasing Department. Vendor(s) are further advised to closely examine every section of this document, to ensure that all sequentially numbered pages are present, and to ensure that it is fully understood. Questions or requests for explanations or interpretations of this document must be submitted to the Purchasing Department contact in writing in sufficient time to permit a written response prior to the published response to Request for Pre-Qualification submission time. Oral explanations or instructions given by any County agent are not binding and should not be interpreted as altering any provision of this document. Vendor certifies that this Request for Pre- Qualification is made without reliance on any oral representations made by the County.

The obligations of Palm Beach County under this award are subject to the availability of funds lawfully appropriated for its purpose.

2. LEGAL REQUIREMENTS

a. COMPLIANCE WITH LAWS AND CODES: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the goods and/or services covered herein apply. Lack of knowledge by the Vendor shall in no way be a cause for relief from responsibility. The Vendor shall strictly comply with Federal, State and local building and safety codes. Equipment shall meet all State and Federal Safety regulations. Vendor certifies that all products (materials, equipment, processes, or other goods and/or services supplied in response to this Request for Pre-Qualification) contained in its Request for Pre-Qualification meets all ANSI, NFPA, and all other Federal and State requirements. Vendor further certifies that, if it is selected as a Pre-Qualified Vendor, and the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product into compliance shall be borne by the Vendor.

Any toxic substance provided to the County as a result of this solicitation or resultant contract shall be accompanied by its Safety Data Sheet (SDS).

The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the Vendor and Palm Beach County for any terms and conditions not specifically stated in the Request for Pre- Qualification.

b. DISCRIMINATION PROHIBITED: Palm Beach County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination.

Pursuant to Palm Beach County Resolution R-2014-1421, as may be amended, the successful vendor warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression or genetic information. Per Resolution R-2014-1421, as may be amended, the successful vendor shall comply with the requirements set forth in Section 3.j. hereinbelow.

c. INDEPENDENT CONTRACTOR RELATIONSHIP: The Vendor is, and shall be, in the performance of all work, services, and activities under this Contract, an Independent Vendor and not an employee, agent, or servant of Palm Beach County. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the Vendor’s sole direction, supervision, and control. The Vendor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Vendor’s relationship, and the relationship of its employees, to Palm Beach County shall be that of an Independent Vendor and not as employees or agents of Palm Beach County.

d. CRIMINAL HISTORY RECORDS CHECK ORDINANCE:

Pursuant to Palm Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History Records Check Ordinance (“Ordinance”), the County will conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees of vendors, contractors, and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be either a critical facility (“Critical Facilities”) or a criminal justice information facility (“CJI Facilities”), which are critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2003-1274, as amended. In October 2013, compliance with the requirements of the U. S. Federal Bureau of Investigations CJI Security Policy was added to the Ordinance, which includes a broad list of disqualifying offenses. The Vendor is solely responsible for understanding the financial, schedule, and / or staffing implications of this Ordinance. Further, the Vendor acknowledges that its pricing includes any and all direct or indirect costs associated with compliance with this Ordinance, except for the applicable FDLE / FBI fees that shall be paid by the County.

e. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm Beach County to notify all Vendors of the following: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.”

f. NON-COLLUSION: Vendor certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act which may result in unfair advantage for one or more vendors over other vendors. Conviction for the commission of any fraud or act of collusion in connection with any sale, bid, quotation, proposal or other act incident to doing business with Palm Beach County may result in permanent debarment.

No premiums, rebates or gratuities are permitted; either with, prior to or after any delivery of material or provision of services.

Any such violation may result in award cancellation, return of materials, and discontinuation of services, removal from the vendor bid list(s), and / or debarment or suspension from doing business with Palm Beach County.

g. LOBBYING: Vendors are advised that the “Palm Beach

County Lobbyist Registration Ordinance” prohibits a vendor or anyone representing the vendor from communicating with any County Commissioner, County Commissioner’s staff, or any employee authorized to act on behalf of the Commission to award a particular contract regarding its Request for Pre- Qualification, i.e., a “Cone of Silence”.

The “Cone of Silence” is in effect from the date / time of the deadline for submission of the Request for Pre-Qualification, and terminates at the time that the Board of County Commissioners or a County Department authorized to act on their behalf, awards or approves a contract, rejects all Request for Pre-Qualifications, or otherwise takes action which ends the solicitation process.

Vendor may, however, contact any County Commissioner, County Commissioner’s staff, or any employee authorized to act on behalf of the Commission to award a particular contract, via written communication, i.e., facsimile, e-mail or U.S. mail.

Violations of the “Cone of Silence” are punishable by a fine of $250.00 per violation.

h. CONFLICT OF INTEREST: All respondent(s) shall disclose with their Request for Pre-Qualification the name of any officer, director, or agent who is also an employee or a relative of an employee of Palm Beach County. Further, all Vendors shall disclose the name of any County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent or more in the Vendors firm or any of its branches.

i. SUCCESSORS AND ASSIGNS: The County and the Vendor each binds itself and its successors and assigns to the other party in respect to all provisions of this Contract. Neither the County nor the Vendor shall assign, sublet, convey or transfer its interest in this Contract without the prior written consent of the other.

j. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the Vendor shall indemnify, save harmless and defend the County, its agents, servants, or employees from and against any and all claims, liability, losses and / or causes of action which may arise from any negligent act or omission of the Vendor(s), its subcontractors, agents, servants or employees during the course of performing services or caused by the goods provided pursuant to these Request for Pre- Qualification documents and / or resultant contract.

k. PUBLIC RECORDS, ACCESS AND AUDITS: Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding Vendor might consider to be confidential. All submitted information that the responding Vendor believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential.

The Vendor shall maintain records related to all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Contract. Palm Beach County shall have access to such records as required in this Section for the purpose of inspection or audit during normal business hours, at the vendor’s place of business.

Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the Vendor: (i) provides a service;

and (ii) acts on behalf of PALM BEACH COUNTY as provided under Section 119.011(2), F.S., the Vendor shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time. The Vendor is specifically required to:

1. Keep and maintain public required by Palm beach County to perform services as provided under this Contract.

2. Upon request from Palm Beach County’s Custodian of

Public Records (“County’s Custodian”) or Palm Beach County’s representative/liaison, on behalf of the County’s Custodian, provide Palm Beach County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. The Vendor further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time.

3. Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract, if the Vendor does not transfer the records to the public agency. Nothing contained herein shall prevent the disclosure of or the provision of records to Palm Beach County.

4. Upon completion of the Contract, the Vendor shall transfer, at no cost to Palm Beach County, all public records in possession of the Vendor unless notified by Palm Beach County’s representative/liaison, on behalf of the County’s Custodian, to keep and maintain public records required by Palm Beach County to perform the service. If the Vendor transfers all public records to Palm Beach County upon completion of the Contract, the

Vendor shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of the Contract, the Vendor shall meet all applicable requirements for retaining public records. All records stored electronically by the Vendor must be provided to Palm Beach County, upon request of the County’s Custodian or Palm Beach County’s representative/liaison, on behalf of the County’s Custodian, in a format that is compatible with the information technology systems of Palm Beach County, at no cost to Palm Beach County.

Vendor acknowledges that it has familiarized itself with the requirements of Chapter 119, F. S., and other requirements of state law applicable to public records not specifically set forth herein. Failure of the Vendor to comply with the requirements of this Section, Chapter 119, F.S. and other applicable requirements of state law, shall be a material breach of this Contract. Palm Beach County shall have the right to exercise any and all remedies available to it for breach of contract, including but not limited to, the right to terminate for cause.

IF THE VENDOR HAS

QUESTIONS REGARDING THE

APPLICATION OF CHAPTER

119, FLORIDA STATUTES, TO

THE VENDOR’S DUTY TO

PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT,

PLEASE CONTACT THE

CUSTODIAN OF PUBLIC

RECORDS AT RECORDS

REQUEST, PALM BEACH

COUNTY PUBLIC AFFAIRS

DEPARTMENT, 301 N. OLIVE

AVENUE, WEST PALM BEACH,

FL 33401, BY E-MAIL AT

RECORDSREQUEST@PBCGOV.

ORG OR BY TELEPHONE AT

561-355-6680.

l. INCORPORATION, PRECEDENCE, JURISDICTION: This

Request for Pre-Qualification shall be included and incorporated in the final award. The order of contractual precedence shall be the Request for Pre-Qualification document (original terms and conditions), Request for Pre- Qualification response, the recommended quotation, based on a project by project basis, and the term contract delivery order (DO). Any and all legal action necessary to enforce the award or the resultant contract shall be held in Palm Beach County and the contractual obligations shall be interpreted according to the laws of Florida.

m. LEGAL EXPENSES: The County shall not be liable to a Vendor for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of this contract, or from any other matter generated by or relating to this contract.

n. NO THIRD PARTY BENEFICIARIES: No provision of this Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Contract, including but not limited to any citizen or employees of the County and / or the Vendor.

o. SCRUTINIZED COMPANIES (WHEN CONTRACT VALUE IS GREATER THAN $1 MILLION): As provided in F.S. 287.135, by entering into a Contract or performing any work in furtherance of this solicitation, the VENDOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473, or on the Scrutinized Companies that boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S. 215.4725, or is engaged in business operations in Cuba or Syria.

If the County determines, using credible information available to the public, that a false certification has been submitted by Vendor, the resulting Contract from this solicitation may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135.

3. REQUEST FOR PRE-QUALIFICATION SUBMISSION

a. SUBMISSION OF RESPONSES: All Request for Pre- Qualification responses must be submitted on the provided Request for Pre-Qualification “Response” Form.

Request for Pre-Qualification responses on vendor letterhead / quotation forms shall not be accepted. Responses must be typewritten, written in ink or a photocopy and must be signed by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE REQUEST FOR

PRE-QUALIFICATION RESPONSE FORM AT THE

INDICATED PLACES SHALL BE CAUSE FOR REJECTION

OF THE REQUEST FOR PRE-QUALIFICATION. All responses will be received on or after the time indicated and may continue during the term specified. Request for Pre- Qualification responses are to be submitted to the Palm Beach County Purchasing Department, in a sealed envelope or container, bearing the Request for Pre-Qualification number for proper handling.

b. CERTIFICATIONS, LICENSES AND PERMITS: Unless otherwise directed in the Special Conditions of this Request for Pre-Qualification, Vendor should include with its Request for Pre-Qualification a copy of all applicable Certificates of Competency issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the Vendor shown on the Request for Pre-Qualification response page. It shall also be the responsibility of the Vendor to maintain a current Business Tax Receipt for Palm Beach County and all permits required to complete this contractual service at no additional cost to Palm Beach County. A Palm Beach County Business Tax Receipt is required unless specifically exempted by law. In lieu of a Palm Beach County Business Tax Receipt, the Vendor should include the current Business Tax Receipt issued to the Vendor in the response. It is the responsibility of the Vendor to ensure that all required certifications, licenses and permits are maintained in force and current throughout the term of the contract. Failure to meet this requirement shall be considered default of contract.

c. SMALL BUSINESS ENTERPRISE, PALM BEACH COUNTY

CODE, CHAPTER 2, ARTICLE III, SECTION 2-80.21

THROUGH 2-80.34

Item 1 – Policy It is the policy of the Board of County Commissioners of Palm Beach County, Florida, that SBE(s) have the maximum practical opportunity to participate in the competitive process of supplying goods and services to the County. To that end, the Board of County Commissioners adopted a Small Business Ordinance which is codified in Sections 2-80.21 through 2-80.34 (as amended) of the Palm Beach County Code, which sets forth the County’s requirements for the SBE program, and is incorporated in this solicitation. Compliance with the requirements contained in this section shall result in a vendor being deemed responsive to SBE requirements. The provisions of this Ordinance are applicable to this solicitation, and shall have precedence over the provisions of this mailto:RECORDSREQUEST@PBCGOV.ORG mailto:RECORDSREQUEST@PBCGOV.ORG solicitation in the event of a conflict. This Request for Pre- Qualification is subject to the SBE Ordinance to maximize SBE participation on an as needed project by project basis. NOTE:

Individual projects shall not exceed $99,999.

Item 2 – Contract Award Criteria For purchases made as a result of this solicitation, the County shall make an award to the Vendor who is certified as a small business with Palm Beach County and who is within 10% of the lowest responsive, responsible Vendor, providing that the small business is also deemed responsive and responsible to the terms and conditions of the solicitation.

Item 3 – SBE Certification Only those firms certified as a small business enterprise by Palm Beach County at the time of project opening shall be counted toward the established SBE project goals. Upon receipt of a complete application, IT TAKES UP TO NINETY

(90) DAYS TO BECOME CERTIFIED AS AN SBE WITH

PALM BEACH COUNTY. It is the responsibility of the Vendor to confirm the certification of any proposed SBE; therefore, it is recommended that Vendors visit the on-line Vendor Directory at www.pbcgov.org/osba to verify SBE certification.

Item 4 – Decertification As part of the consideration for award under the SBE Ordinance, any Vendor decertified by Palm Beach County shall be considered non-responsive to the SBE requirements.

d. LOCAL PREFERENCE ORDINANCE: In accordance with the Palm Beach County Local Preference Ordinance, a preference may be given to (1) vendors having a permanent place of business in Palm Beach County or (2) vendors having a permanent place of business in the Glades that are able to provide the goods or services within the Glades.

1. Glades Local Preference: Pursuant to the Palm Beach

County Local Preference Ordinance, a 5% Glades Local Preference is given when a Glades business offers to provide the goods or services that will be procured for use in the Glades. If the lowest responsive, responsible vendor is a non-Glades business, all quotes received from responsive, responsible Glades businesses may be decreased by 5%. The original quote amount is not changed. The 5% decrease given for the Glades Local Preference is calculated only for the purpose of determining ranking and award.

2. Local Preference: Pursuant to the Palm Beach County Local Preference Ordinance, a 5% Local Preference is given to vendors having a permanent place of business in Palm Beach County. If the lowest responsive, responsible vendor is a non-local business; all quotes received from responsive, responsible local businesses may be decreased by 5%. The original quote amount is not changed. The 5% decrease given for the Local Preference is calculated only for the purpose of determining ranking and award.

3. To receive a Glades Local Preference or a Local Preference (collectively referred to as “local preference”), a vendor must have a permanent place of business in existence prior to the County’s issuance of this Notice of Solicitation / Request for Pre-Qualification. A permanent place of business means that the vendor’s headquarters is located in Palm Beach County or in the Glades, as applicable; or, the vendor has a permanent office or other site in Palm Beach County or in the Glades, as applicable, where the vendor will produce a substantial portion of the goods or services to be purchased. A valid Business Tax Receipt issued by the Palm Beach County Tax Collector is required, unless the vendor is exempt from the business tax receipt requirement by law, and will be used to verify that the vendor had a permanent place of business prior to the issuance of this Notice of Solicitation / Request for Pre-Qualification. In addition, the attached “Certification of Business Location” and Business Tax Receipt must accompany the response to this Notice of Solicitation / Request for Pre-Qualification by the published submission time. The Palm Beach

County Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the vendor to not receive a local preference.

e. CONDITIONED OFFERS: Vendor are cautioned that any condition, qualification, provision, or comment in their Request for Pre-Qualification, or in other correspondence transmitted with their Request for Pre-Qualification, which in any way modifies, takes exception to, or is inconsistent with the specifications, requirements, or any of the terms, conditions, or provisions of this solicitation, is sufficient cause for the rejection of their Request for Pre-Qualification as non-responsive.

NOTE: This includes quotations provided on individual projects.

f. PROJECT PRICING FOR PRE-QUALIFIED RESPONDENTS:

1. All project pricing responses must be submitted on the “Response” Form provided by the requesting department.

Responses on vendor letterhead / quotation forms shall not be accepted.

2. Prices offered from Vendors on an “as needed basis” must be the price for new merchandise and free from defect. Unless specifically requested in the specifications, any quotes containing modifying or escalation clauses shall be rejected.

3. The Vendor(s) shall provide for a “turnkey” service as stated in the Specification / Scope of Work attached hereto and incorporated herein. The omission of any essential detail from these Specifications / Scopes of Work does not relieve the Vendor from completing each Project in its entirety. No additional compensation shall be allowed beyond the price provided on the quotation as submitted for each Project.

4. Vendor warrants by virtue of quoting(on an as need basis) that prices shall remain firm for a period of ten (10) days from the date of each quotation submittal or other time stated in special conditions.

5. In the event of mathematical error(s), the unit price shall prevail and the Vendor(s) total offer shall be corrected accordingly.

6. Respondents may offer a cash discount for prompt payment. However, such discounts shall not be considered in determining the lowest net cost for evaluation purposes unless otherwise specified in the special conditions. Vendor should reflect any discounts to be considered in the unit prices offered.

g. ACCEPTANCE / REJECTION OF REQUEST FOR PRE-

QUALIFICATIONS: Palm Beach County reserves the right to accept or to reject any or all Request for Pre-Qualifications.

Palm Beach County also reserves the right to (1) waive any non-substantive irregularities and technicalities; (2) reject the Request for Pre-Qualification of any Vendor who has previously failed in the proper performance of a contract of a similar nature, who has been suspended or debarred by the County or other governmental entity, or who is not in a position to perform properly under this award; and (3) inspect all facilities of vendors in order to make a determination as to its ability to perform.

Palm Beach County reserves the right to reject any offer or quote if the prices are materially unbalanced. An offer is materially unbalanced if it is mathematically unbalanced, and if there is reason to believe that the offer would not result in the lowest overall cost to the County, even though it is the lowest evaluated offer. An offer is mathematically unbalanced if it is based on prices which are significantly less than fair market price for some line items and significantly greater than fair market price for other line items. Fair market price shall be determined based on industry standards, comparable bids or offers, existing contracts, or other means of establishing a range of current prices for which the line items may be obtained in the market place. The determination of whether a particular offer or quote is materially unbalanced shall be made http://www.pbcgov.org/osba in writing by the Purchasing Director, citing the basis for the determination.

h. NON-EXCLUSIVE: The County reserves the right to acquire some or all of these goods and services through a State of Florida contract under the provisions of Section 287.042, F.S., provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after a term contract may be awarded. Additionally, Palm Beach County reserves the right to award other contracts for goods and services falling within the scope of this solicitation and resultant contract when the specifications differ from this solicitation or resultant contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant contract.

i. PERFORMANCE DURING EMERGENCY: By submitting a

Request for Pre-Qualification, Vendor agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, Palm Beach County shall be given “first priority” for all goods and services under this contract. Vendor agrees to provide all goods and services to Palm Beach County throughout the emergency / disaster at the terms, conditions, and prices as provided in this solicitation and with a “priority” above, a preference over, sales to the private sector.

Vendor shall furnish a 24-hour phone number to the County in the event of such an emergency. Failure to provide the stated priority / preference during an emergency / disaster shall constitute breach of contract and make the Vendor subject to sanctions from further business with the County.

j. VENDOR NON-DISCRIMINATION POLICY: The vendor shall perform the following and shall use the attached form “Non- Discrimination Policy” in order to do the same:

1. Submit to Palm Beach County a copy of its non-discrimination policy, which shall be consistent with the non-discrimination policy of Palm Beach County as set forth in Section 2.b. hereinabove; OR

2. In the event that the successful vendor does not have a written non-discrimination policy, the successful vendor shall sign and submit to Palm Beach County a statement affirming that its non-discrimination policy is in conformance with Palm Beach County’s non-discrimination policy as provided in Palm Beach County Resolution R-2014-1421, as may be amended.

The successful vendor shall satisfy the requirements set forth in this Section 3.j. prior to execution of a contract with Palm Beach County and within a time frame specified by Palm Beach County (normally within 2 working days of request).

The successful vendor’s failure to satisfy the requirements set forth in this Section 3.j. shall render its quote non-responsive.

It is the responsibility of the successful vendor to maintain a non-discrimination policy that conforms with the County’s policy as set forth in Section 2.b. hereinabove throughout the term of the contract. Failure to meet this requirement shall be considered a default of contract.

4. REQUEST FOR PRE-QUALIFICATION SUBMISSIONS/

OBSERVING THE PUBLISHED REQUEST FOR PRE-

QUALIFICATION SUBMISSION TIME

The published Request for Pre-Qualification submission time shall be observed for the initial Pre-Qualification of Vendor(s).

It is the sole responsibility of the Vendor to ensure that their Request for Pre-Qualification arrives in the Purchasing Department prior to the published Request for Pre-Qualification submission time. Request for Pre-Qualification responses by telephone, electronics, or facsimile shall not be accepted. NOTE: New vendors may submit their Request for Pre-Qualification at any time after the initial submission time in order to be evaluated by the Purchasing Department and added to the “Pre-Qualified” list of Vendors. Vendors are cautioned that any submittals received after the initial requested time will be evaluated, but, could take up to thirty (30) days to do so.

5. CONTRACT ADMINISTRATION

a. DELIVERY AND ACCEPTANCE: Deliveries of all goods shall be made as soon as possible. Deliveries resulting from this Request for Pre-Qualification are to be made during the normal working hours of the County. Time is of the essence and delivery dates must be met. Should the Vendor fail to deliver on or before the stated dates, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere. The Vendor(s) shall be responsible for making any and all claims against carriers for missing or damaged goods.

Delivered goods shall not be considered “accepted” until an authorized agent for Palm Beach County has, by inspection or test of such goods, determined that they appear to fully comply with specifications. The Board of County Commissioners may return, at the expense of the Vendor and for full credit, any good(s) received which fail to meet the County’s specifications or performance standards.

b. FEDERAL AND STATE TAX: Palm Beach County is exempt from Federal and State taxes. The authorized agent for Purchasing shall provide an exemption certificate to the Vendors, upon request. Vendors are not exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor are Vendors authorized to use the County’s Tax Exemption Number in securing such materials. Any sales tax paid by vendors to their suppliers for materials to fulfill contractual obligations with the County are not reimbursable by the County to the vendor.

c. PAYMENT: In order for Palm Beach County to make payment, the Vendor’s Legal Name; Vendor’s Address; and Vendor’s TIN/FEIN Number on the Vendor’s response must be exactly the same as it appears on the invoice and in Palm Beach County’s VSS system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. Vendor shall send ALL ORIGINAL invoices to the following address and may send copies of invoices to the Palm Beach County Department requesting the goods/services. Invoices submitted on carbon paper shall not be accepted.

PALM BEACH COUNTY

FINANCE DEPT.

P.O. BOX 4036

WEST PALM BEACH, FL 33402-4036

Payment shall be made by the County after goods / services have been received, accepted and properly invoiced as indicated in the contract and / or order. Invoices must bear the order number. The Florida Prompt Payment Act is applicable to this solicitation. Interest penalties will only be paid in accordance with the Florida Prompt Payment Act, Florida Statute 218.70.

Note: Palm Beach County Vendors can now be paid by Credit Card via the County’s voluntary Payment Manager Program. For vendors who don’t have a merchant account, one is needed to utilize the Program. For vendors with a merchant account, you will need to enroll with the Palm Beach County Clerk & Comptroller’s office. For information, contact the Palm Beach County Clerk & Comptroller at pbcpaymentmgr@mypalmbeachclerk.com.

d. CHANGES: The Director of Purchasing by written notification to the Vendor may make minor changes to the contract terms.

Minor changes are defined as modifications which do not significantly alter the scope, nature, or price of the specified goods or services. Typical minor changes include, but are not limited to, place of delivery, method of shipment, minor revisions to customized work specifications, and administration of the contract. The Vendor(s) shall not amend any provision of the contract without written notification to the Director of Purchasing, and written acceptance from the Director of Purchasing or the Board of County Commissioners.

e. DEFAULT: The County may, by written notice of default to the

Vendor, terminate the contract in whole or in part if the Vendor fails to satisfactorily perform any provisions of this solicitation or resultant contract, or fails to make progress so as to https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService mailto:pbcpaymentmgr@mypalmbeachclerk.com endanger performance under the terms and conditions of this solicitation or resultant contract, and does not remedy such failure within a period of 10 days (or such period as the Director of Purchasing may authorize in writing) after receipt of notice from the Director of Purchasing specifying such failure.

In the event the County terminates this contract in whole or in part because of default of the Vendor, the County may procure goods and / or services similar to those terminated, and the Vendor shall be liable for any excess costs incurred due to this action.

If it is determined that the Vendor was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the Vendor), the rights and obligations of the parties shall be those provided in Section 5.f, “Termination for Convenience”.

f. TERMINATION FOR CONVENIENCE: The Director of

Purchasing may, whenever the interests of the County so require, terminate the contract / pre-qualification process, in whole or in part, for the convenience of the County. The Director of Purchasing shall give five (5) days prior written notice of termination to the Vendor(s), specifying the portions of the contract to be terminated and when the termination becomes effective. If only portions of the contract are terminated, the Vendor has the right to withdraw, without adverse action, from the entire contract.

Unless directed differently in the notice of termination, the

Vendor shall incur no further obligations in connection with the terminated work, and shall stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the Vendor shall terminate outstanding orders and / or subcontracts related to the terminated work.

g. REMEDIES: No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.

6. PALM BEACH COUNTY OFFICE OF THE INSPECTOR

GENERAL AUDIT REQUIREMENTS: Pursuant to Palm Beach County Code, Section 2-421 – 2-440, as amended, Palm Beach County’s Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 – 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor.

7. BUSINESS INFORMATION: If Vendor is a Joint Venture for the goods / services described herein, vendor shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties.

THIS IS THE END OF “GENERAL CONDITIONS”

SPECIAL CONDITIONS

8. GENERAL / SPECIAL CONDITION PRECEDENCE

In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence.

9. PRE-QUALIFICATION

All Vendors who provide “Lumber” and meet the terms and conditions of this solicitation are eligible, during the term of the contract, to be Pre-Qualified for their ability to perform contracts in accordance with this solicitation. Vendors who have been Pre-Qualified and no longer want to be solicited may request, in writing, that their company be removed from the qualified vendor list. Request shall be submitted to Kerry Parker, Buyer, Purchasing Department, 50 S. Military Trail, Suite 110, West Palm Beach, FL 33415. Palm Beach County reserves the right at its sole discretion to add qualified vendors at anytime.

All vendors interested in pre-qualifying shall have an established business with sufficient personnel and expertise to meet the requirements of this solicitation.

10. QUALIFICATION OF VENDORS

Only responsive and responsible Vendors, qualified to provide the goods and/or service specified herein shall be considered for inclusion to the pre-qualified list. The Vendors may be asked to provide sufficient evidence to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations.

The Vendors should submit the following information with their Request for Pre-Qualification response; however, if not included, it shall be the responsibility of the vendors to submit all evidence, as solicited, within a time frame specified by the County (normally within two working days of request). Failure of vendors to provide the required information within the specified time frame is considered sufficient cause for rejection of their Request for Pre-Qualification.

NOTE: INFORMATION SUBMITTED WITH A PREVIOUS BID / QUALIFICATION SHALL NOT SATISFY THIS

PROVISION.

A. List a minimum of three (3) references in which similar goods and/or services have been provided within the past three (3) years including scope of work, contact names, addresses, e-mail addresses, telephone numbers and dates of service on the attached reference sheet included herein. A contact person shall be someone who has personal knowledge of the vendor’s performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who will be unable to answer specific questions regarding the requirement.

11. DETERMINATION / AWARD

A letter, noting a term of sixty (60) months or until the estimated funding is expended, will be sent to all responsive, responsible Vendors meeting the minimum qualification. All Vendors will be authorized to submit quotes in accordance with Term and Condition “Method of Ordering” herein, and if awarded, shall provide the required goods and /or services.

The ordering department shall be responsible for evaluating the quotations, applying the SBE preference or Local Preference, as applicable, and awarding the project.

12. TERM

The terms and conditions of this solicitation shall remain in full force and effect during the term specified and shall apply to all orders placed for specified goods and / or services for Palm Beach County. Re-qualifying and / or termination shall be at the sole discretion of Palm Beach County.

13. METHOD OF ORDERING (TERM CONTRACT)

The County will notify all Vendors of each Project on an “as needed basis”. Determination of specifications for each Project will be made by the ordering County department. The ordering department will notify ALL applicable “Pre-Qualified” Vendors to present a written quote on the response form provided by the requesting department. Responses on vendor letterhead / quotation forms shall not be accepted. Each Project shall be awarded to the Vendor offering the lowest fixed price, subject to the SBE provisions and Local Preference provisions specified herein.

Any Project that is equal to or greater than the Mandatory Bid Amount (as stated below) shall be subject to Section 2-54, Palm Beach County Code. The “Mandatory Bid Amount” is the threshold dollar amount established as policy by the Board of County Commissioners at and above which a formal competitive sealed bid process must be used. Presently the mandatory bid amount for any Project is one hundred thousand dollars ($100,000.00). Any Project that exceeds the Mandatory Bid Amount shall be separately solicited via a formal competitive sealed bid process.

14. F.O.B. POINT

The F.O.B. point shall be destination. Exact delivery point will be indicated on the term contract delivery order (DO).

Responses showing other than F.O.B. destination shall be rejected. Vendor retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages.

15. ORDER QUANTITIES

There shall be no minimum order quantities required of Palm Beach County for the purchase of various types of lumber as specified herein. The Pre-Qualified Vendor’s unit prices submitted on the response form provided by the requesting department shall be inclusive of all handling and delivery charges associated with supplying the goods requested. Additional delivery charges listed on the Pre-Qualified Vendor’s invoice are unacceptable and payment shall not be made to the Pre-Qualified Vendor for these charges.

16. ESTIMATED EXPENDITURES

The anticipated value during the sixty (60) month period is $650,000. Palm Beach County reserves the right to increase or decrease the anticipated value as necessary to meet actual requirements, and to re-advertise for the contracted goods and services at any time after the anticipated value of this contract has been reached, notwithstanding that the anticipated term has not been completed.

17. AS SPECIFIED

A term contract delivery order (DO) will be issued to the Pre-Qualified Vendors with the understanding that all items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the Pre-Qualified Vendors, items not delivered as specified.

18. TIME LIMIT FOR RETURNING QUOTATIONS

Pre-Qualified Vendors shall return their quotation no more than five (5) business days after receipt of quotation unless otherwise specified by the ordering department. Failure of the Vendor(s) to submit the quotation within the required time specified will be considered a “NO QUOTE” and the Vendor(s) will not be eligible for consideration of award for that Project.

In the best interest of Palm Beach County, the time limit requirement may be changed (in writing) in specific instances.

Failure to respond to a requested Project quotation five (5) times consecutively may constitute a lack of interest and removal from the Pre-Qualification list unless requested in writing by Vendor to remain active or to be reinstated.

SPECIFICATIONS

REQUEST FOR PRE-QUALIFICATION OF VENDORS FOR THE PURCHASE

OF VARIOUS TYPES OF LUMBER, TERM CONTRACT

PURPOSE AND INTENT

The sole purpose and intent of this Request for Pre-Qualification is to establish a list of pre-qualified vendors for the purchase of various types of lumber for Palm Beach County.

GENERAL

Only responsive and responsible vendors qualified to provide the goods specified herein shall be considered for inclusion to the pre-qualified list.

All lumber shall be visibly marked showing the type of treatment, and be certified by the manufacturer.

Only those items listed on the pre-qualification response pages shall be considered.

COUNTY’S RESPONSIBILITIES

The County shall contact ALL pre-qualified vendors listed…