IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

Request for Professional Services

RPS-26-00282 Page 2

Table of Contents 1 SpecificaƟons

1.1 Scope

1.2 Minimum Requirements

1.3 Notes

2 Pre-Proposal Conference and Site Visit

3 SubmiƩal Deadline:

4 INSTRUCTIONS FOR RESPONSES

4.1 Proposal Submissions

4.2 Acceptance of Applicable Policies and Procedures

4.3 Basis for Award (Professional)

4.4 Offeror/Proposer Request for InterpretaƟon of SolicitaƟon Document

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

4.6 Changes in Project Team for Shortlisted Firms

4.7 Cone of Silence

4.8 Conflict of Interest

4.9 Consultant EvaluaƟon of Past Performance

4.10 Volume of Work

4.11 Bonus Points for Small Business Enterprise (SBE) ParƟcipaƟon

4.12 Small Business Enterprise (SBE) Set Aside

4.13 Consultant Must Use E-Verify, Must Have Legally Authorized Workforce & UƟlize IMAGE Best PracƟces

4.14 Electronic Payment SoluƟon

4.15 Eligibility for ConsideraƟon

4.16 Ranking for the Project

4.17 Oral PresentaƟons

4.18 Insurance, Professional

4.19 Failure to Perform

4.20 Hillsborough County Business Tax

4.21 IRS SubsƟtute W-9, Request for Taxpayer IdenƟficaƟon Number and CerƟficaƟon

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

4.23 Maintenance of Records/Public Records Law, Professional

4.24 Public EnƟty Crimes Statement

4.25 Reuse of ExisƟng Plans

4.26 Right to Reject Proposals

4.27 Security of Plans and SpecificaƟons

4.28 Term Contract

4.29 Vendor Compliance System (B2GNOW)

4.30 ProhibiƟon Against Considering Social, PoliƟcal, or Ideological Interests in Government ContracƟng

4.31 ProhibiƟon Against ContracƟng with EnƟƟes of Foreign Countries of Concern if EnƟty Would Give Access to an Individual’s Personal IdenƟfying InformaƟon

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

4.33 ProhibiƟon Against ContracƟng with ScruƟnized Companies and TerminaƟon of Contracts with ScruƟnized Companies

4.34 RestricƟon on Providing Funding for IdenƟficaƟon Purposes

IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING PROPOSAL

SOLICITATION TYPE: Request for Professional Services

SOLICITATION NUMBER: RPS-26-00282

SOLICITATION TITLE: Van Dyke Flow Diversion (Pump StaƟon and Pipeline)

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking compeƟƟve sealed proposals from Professional Engineering firms for a major infrastructure iniƟaƟve by decommissioning the Van Dyke Wastewater Treatment Facility and replacing it with a master pump staƟon that will convey wastewater to the Northwest Regional Water ReclamaƟon Facility and support construcƟon under the ConstrucƟon Manager at Risk (CMAR) delivery method for a five (5) year term.

DUE DATE & TIME: August 21, 2026, [2:00 P.M.] Eastern Time

PRIMARY CONTACT: Joseph Wright, Senior Buyer

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

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

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

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

To be given consideration, such requests must be received no later than 14 calendar days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-proposal conference, whichever is later.

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

SBE GOAL: This procurement provides for the addiƟon of bonus points to the evaluaƟon score of proposals that meet a subcontracƟng Small Business Enterprise (SBE) ParƟcipaƟon Goal of [10%] and is subject to the policies and procedures governing the County’s Small Business Encouragement Program. Please see the InstrucƟons for Responses for complete details and requirements.

CONE OF SILENCE: A violaƟon of the Cone of Silence may result in the disqualificaƟon from consideraƟon for award. A Cone of Silence is in effect for this procurement;

therefore, no proposer, interested party and/or their principals, officers, employees, aƩorneys, or agents shall communicate with County employees, the Hearing Master assigned to hear the applicable protest appeal and/or members of the Board of County Commissioners, including their aides and employees regarding this procurement and/or a related protest, except as otherwise provided in the Hillsborough County Procurement Protest Policy and Procedures Ordinance. The Cone of Silence does not prohibit a proposer from communicaƟng with the Director of Procurement, staff in the Procurement Services Department, or the County’s aƩorney assigned to this procurement. ViolaƟng the Cone of Silence may disqualify the proposer from consideraƟon for award. Please refer to the InstrucƟons for Responses for complete details about the Cone of Silence.

INSURANCE: Insurance coverage is required for this procurement. Please see RPS-26-00282 AƩachment E - Insurance Requirements AƩachment and secƟon 3.17 in the Special Terms and CondiƟons.

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

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1 SpecificaƟons

1.1 Scope

Hillsborough County Water Resources Department is undertaking a major infrastructure iniƟaƟve to enhance system reliability and environmental protecƟon by decommissioning the Van Dyke Wastewater Treatment Facility and replacing it with a master pump staƟon that will convey wastewater to the Northwest Regional Water ReclamaƟon Facility. The Facility treats approximately 1.2 million gallons per day (MGD) annually and the permiƩed capacity is 1.7 MGD annual average daily flow (AADF).

This mulƟyear phased project includes demoliƟon of obsolete ponds and structures, removal of underground infrastructure, construcƟon of a new master pump staƟon and reclaimed water booster pump staƟon, installaƟon of wastewater force mains, potable water main, reclaimed water main, and roadway restoraƟon to return all impacted areas to their original condiƟons. To deliver this work, the County is seeking an experienced and qualified Professional Engineering Firm to provide design services and support construcƟon under the ConstrucƟon Manager at Risk (CMAR) delivery method.

For addiƟonal informaƟon please see other AƩachment A - Scope of Services-Cover Page, AƩachment B - Maps of FM Preferred Routes, AƩachment C – Scope of Services-Exhibit 2 VDWWTP Tech Memo, and AƩachment D - SCOPEO~2

The County anƟcipates awarding one contract for professional services as provided under SecƟon 287.055, Florida Statutes for assistance as defined in the scope of services for this Project.

2 SubmiƩal Deadline:

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

3 INSTRUCTIONS FOR RESPONSES

3.1 Proposal Submissions

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

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

3.1.3 The Offeror/Proposer’s representaƟve execuƟng the Offer/Proposal shall be required to have the authority to bind the Consultant for contracƟng purposes.

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3.2 Acceptance of Applicable Policies and Procedures

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

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

3.3 Basis for Award (Professional)

3.3.1 The County may select one (1) qualified Professional for award of this contract.

Award will be made to the highest ranked firm, based on the evaluaƟon criteria idenƟfied within the solicitaƟon. Work Orders will generally be issued to the Professional subject to Professional’s availability, responsiveness to requests, ongoing performance, schedule, and/or other consideraƟons.

3.4 Offeror/Proposer Request for InterpretaƟon of SolicitaƟon Document

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

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

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

RPS-26-00282 Page 8 hƩps://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/vendor-policies-forms-and-documents

3.5.2 Any Offeror which expresses objecƟon to any acƟvity, decision or determinaƟon made during this professional consultant selecƟon process may file a protest in accordance with Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, ArƟcle VI, Division 3.

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

3.6 Changes in Project Team for Shortlisted Firms

3.6.1 A change in the project team of a shortlisted firm aŌer the submission of the response to this solicitaƟon could result in reconsideraƟon of the scoring of applicable evaluaƟon criteria.

3.6.2 Any changes in the project team of a shortlisted firm should be brought to the aƩenƟon of the County as soon as possible aŌer the change is made. The changes, the reasons for the changes, and resumes for the individual(s) being subsƟtuted for an original project team member, must be submiƩed, prior to oral presentaƟon, to the individual specified as the contact person for this solicitaƟon.

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

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

3.7 Cone of Silence

Pursuant to Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, there shall be a Cone of Silence for all procurement solicitations (except sole source procurement) issued by the County that are at or over the County's formal bid limit in order to safeguard the integrity of the County’s procurement and protest process. Except as otherwise provided in this section, the Cone of Silence shall go into effect on the date a procurement solicitation is issued by the County and shall end the earlier of five (5) Business Days after the County posts its notice of intent to award the contract(s) associated with this solicitation or on the date the procurement solicitation is canceled by the County. However, if a protest is timely filed, then the Cone of Silence shall remain in effect for the duration of the protest process including the exhaustion of any related appeals related to the protest. Unless otherwise provided

RPS-26-00282 Page 9 for in Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, during the time period the Cone of Silence is in effect, no Offeror, interested party and/or their principals, officers, employees, attorneys or agents shall communicate with County employees, the Hearing Master assigned to hear the applicable protest appeal and/or members of the Board of County Commissioners, including their aides and employees regarding a procurement solicitation and/or its related protest. The Cone of Silence does not prohibit an Offeror from communicating with the Director of the County’s Procurement Services Department, County Procurement staff, or the attorney in the County Attorney’s office that is directly responsible for the applicable procurement solicitation (this information can be obtained by contacting the County Procurement staff person listed as the contact in the applicable procurement solicitation). It is the responsibility of any Offeror/interested party to ensure that the Cone of Silence is no longer in effect prior to communicating with any person under the Cone of Silence (including determining whether protests have been filed for the subject solicitation and the status of such protests – which extends the Cone of Silence time period as stated above). A violation of the Cone of Silence will result in the disqualification of the Offeror from consideration in the award of the procurement solicitation unless it is determined that the violation is unintentional and/or not material.

3.8 Conflict of Interest

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

3.9 Consultant EvaluaƟon of Past Performance

3.9.1 Past Performance Score in the discipline specified in this project (i.e., engineering, architecture, landscape architect, or surveying and mapping) will be applied to the evaluaƟon score for each firm submiƫng an acceptable response to the RPS as provided in SecƟon 3.15.2 of this solicitaƟon.

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

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

Only those evaluaƟons on file by the submiƩal deadline will apply to this project.

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

The overall evaluaƟon raƟng average will determine the number of past performance points.

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

RPS-26-00282 Page 10

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

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

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

3.9.3.1.1 Architecture - 3.53 average for 3.00 past performance points.

3.9.3.1.2 Engineering - 3.88 average for 3.00 past performance points.

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

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

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

RaƟng Conversion Chart for performance evaluaƟons:

RaƟng Conversion Chart

Overall Evaluation Rating Average

Number of Points

5.00 – 4.25 5.00

4.24 – 3.89 4.00

3.88 – 3.53 3.00

3.52 – 3.17 2.00

3.16 – 2.81 1.00

2.80 – 2.45 0.00

2.44 – 2.09 -1.00

2.08 – 1.73 -2.00

1.72 – 1.37 -3.00

1.36 – 1.01 -4.00

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Below 1.00 -5.00

Notes Regarding the RaƟng Conversion Chart:

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

3.9.3.1.7 The Ɵme period for which evaluaƟons will be considered is twenty-four

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

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

3.10 Volume of Work

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

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

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

5.0 Points $0 to $200,000

4.0 Points $200,001 to $400,000

3.0 Points $400,001 to $600,000

2.0 Points $600,001 to $800,000

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

0.0 Points $1,000,001 and up

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

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

3.11 Bonus Points for Small Business Enterprise (SBE) ParƟcipaƟon

3.11.1 County Policy – It is the policy of the County’s Board of County Commissioners (BOCC) to encourage the parƟcipaƟon of all responsible businesses in County contracƟng and procurement acƟviƟes. The objecƟve of the County’s Small Business Encouragement Program is to provide opportuniƟes for the parƟcipaƟon of SBEs in County procurement and contracƟng acƟviƟes and to encourage the parƟcipaƟon of all responsible and eligible SBEs in these acƟviƟes. In this regard, the CCNA Consultant to whom any award of this solicitaƟon is made shall take all necessary and reasonable steps to ensure that SBEs have the maximum opportunity to parƟcipate in this contract and shall be contractually obligated to meet the SBE parƟcipaƟon goal established for this contract/project.

Small Business Enterprise (SBE) shall mean a business that is registered as a bona fide small business enterprise with the County or that has been granted reciprocal registraƟon as a small business enterprise by the County.

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

3.11.3 Eligible SBE Businesses - All firms idenƟfied in the proposing CCNA Consultant’s response must either be registered with the County as a SBE firm or be eligible for reciprocal registraƟon with the County by the Close Date of this solicitaƟon in order for such SBE to be counted toward the SBE parƟcipaƟon goal. Businesses that have graduated from Hillsborough County’s Small Business Encouragement Program and

RPS-26-00282 Page 13 those that have been denied registraƟon by the County shall not be counted toward goal aƩainment and/or goal aƩainment through reciprocal registraƟon or joint venture. For a current lisƟng of Hillsborough County-Registered Small Business Encouragement Program firms, please visit the Small Business Encouragement Program’s online Directory at: hƩps://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program . This website also includes a link to a list of firms that have graduated from or been denied registraƟon in the County’s Small Business Encouragement Program.

3.11.4 Reciprocal RegistraƟon – Provisional reciprocity shall be granted to SBE firms that have been principally domiciled (headquartered) within one (1) of the following Florida counƟes for a period of at least six (6) months: Pinellas, Pasco or Hernando, and registered by a local city, county, or state jurisdicƟon located within one (1) of these counƟes. In order to be considered for provisional registraƟon and be counted toward goal aƩainment, a leƩer of registraƟon from the registering jurisdicƟon or copy of documentaƟon evidencing registraƟon by the registering jurisdicƟon must be submiƩed with proposing CCNA Consultant’s Request for Bonus Points (SBE-2) Form and LeƩers of Intent – which must be submiƩed with proposing CCNA Consultant’s response. A reciprocal registraƟon shall become effecƟve on the date of Contract award and is only valid for one (1) six (6) month period from that date. All firms granted reciprocal registraƟon who wish to conƟnue to parƟcipate in the County’s Small Business Encouragement Program aŌer the expiraƟon of its reciprocal registraƟon will be required to complete an applicaƟon for registraƟon to the County’s Program prior to the expiraƟon of the six-month reciprocal registraƟon period. The County’s SBE Directory and a list of those firms that have been previously awarded the one-Ɵme reciprocal registraƟon and firms that have been denied registraƟon with the County’s Small Business Encouragement Program can be found on the County website at: hƩps://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program .

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

3.11.6 SBE-2 Form (included with this solicitaƟon)- It is the responsibility of the proposing CCNA Consultant to furnish all necessary informaƟon and documentaƟon to the County in order to receive bonus points. Proposing CCNA Consultant’s request for bonus points must be made on the Request for Bonus Points (SBE-2) Form provided

RPS-26-00282 Page 14 with this solicitaƟon. The idenƟficaƟon of all SBE businesses to be uƟlized for the contract must be shown on this form as this form is the basis for determining whether the proposing CCNA Consultant receives bonus points for SBE parƟcipaƟon.

LeƩers of Intent and proof of SBE registraƟon for each SBE listed on the SBE-2 Form must be aƩached to the SBE-2 Form as outlined in further detail below.

3.11.7 SBE Documents Due at Time of Response Submission

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

(a) Request for Bonus Points (SBE-2) Form see SBE-2 Form included with this solicitaƟon. The Request for Bonus Points (SBE-2) Form included in this solicitaƟon must be used to request that bonus points be added to the proposing CCNA Consultant’s response evaluaƟon score. The Request for Bonus Points (SBE-2) Form must include the SBE Subcontractor(s)’ name, name of the SBE registering agency (city/county/state), and idenƟfy all executed LeƩers of Intent (see form Subcontractor LeƩer of Intent included with this solicitaƟon) aƩached to and submiƩed with the proposing CCNA Consultant’s SBE-2 Form. The idenƟficaƟon of all SBEs to be uƟlized on the project must be shown on this form. This form is the basis for determining whether the proposing CCNA Consultant has met the SBE parƟcipaƟon goal in order to receive bonus points in its response evaluaƟon score. In addiƟon, the following documents must be aƩached to and submiƩed with the proposing CCNA Consultant’s SBE-2 Form:

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

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(i) LeƩers of Intent – see form Subcontractor LeƩer of Intent included with this solicitaƟon. The form Subcontractor LeƩer of Intent included with this solicitaƟon must be used to ensure that all the required informaƟon is provided. Failure to use the County’s form Subcontractor LeƩer of Intent may result in the denial of the proposing CCNA Consultant’s request for bonus points. A separate Subcontractor LeƩer of Intent must be used for each SBE subcontractor and must be completed in its enƟrety and signed by the legally authorized representaƟves of the proposing CCNA Consultant AND the SBE subcontractor.

(ii) References to Other Documents. Proposing CCNA Consultants who submit LeƩers of Intent which aƩempt to include by reference other document(s) which are not part of the official County solicitaƟon package must aƩach a copy of all such referenced documents to be included with the subcontract at the Ɵme the executed SBE LeƩers of Intent are submiƩed to the County.

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

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

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

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

If the CCNA Consultant/Contractor and the SBE Subcontractor are unable to successfully negoƟate a subcontract agreement within this thirty (30) Day Ɵmeframe, then the CCNA Consultant/Contractor must noƟfy the County’s Small Business Enterprises Division of the impasse reached in negoƟaƟons. Upon a review of the facts, if it is determined that a subsƟtuƟon of the SBE Subcontractor may be

RPS-26-00282 Page 16 warranted, then the Small Business Enterprises Division will advise the CCNA Consultant/Contractor to select a subsƟtute SBE Subcontractor. The subsƟtute SBE Subcontractor must meet the same registraƟon requirements as the originally proposed SBE Subcontractor, and the subsƟtuƟon must be approved, in wriƟng, by the County’s Small Business Enterprises Division.

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

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

4.11.9.3 Vendor Compliance System (B2GNOW)

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

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

(c) To ensure that CCNA Consultant/Contractor maintains compliance with the County’s contract compliance program, the CCNA Consultant/Contractor is

RPS-26-00282 Page 17 required to update its contact informaƟon in the Vendor Compliance System, which is hosted by third party vendor - B2GNow.

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

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

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

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

4.11.9.4 Failure to Meet SBE Goal – If the CCNA Consultant/Contractor has not met its SBE parƟcipaƟon goal, then the CCNA Consultant/Contractor must provide documentaƟon to the County’s Small Business Enterprises Division outlining the reasons and/or circumstances that impacted the CCNA Consultant’s/Contractor’s ability to meet the parƟcipaƟon goal. The CCNA Consultant/Contractor’s failure to meet its SBE parƟcipaƟon goal may result in the denial of bonus points to the CCNA Consultant in future County procurements and/or may be considered and treated by the County as a material breach of contract.

4.11.9.5 County’s Right to Audit – The County reserves the right to audit the CCNA Consultant/Contractor’s records pertaining to the Contract at any Ɵme during the term of the Contract for a period of five (5) years aŌer the compleƟon of work or terminaƟon of the Contract, whichever is later.

3.11.10 Contract Compliance Requirements

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

4.11.10.2 Compliance Monitoring by the County - The County may uƟlize the following tools to determine if the CCNA Consultant/Contractor and/or

RPS-26-00282 Page 18 subcontractors are complying with their SBE uƟlizaƟon requirements and/or other requirements of the County’s Small Business Encouragement Program:

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

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

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

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

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

4.11.10.3 NoƟficaƟon of Non-Compliance –

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

4.11.10.3.2 The Non-Compliance Notice shall specify the following:

(A) Identify the compliance deficiencies;

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

1.

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

RPS-26-00282 Page 19

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

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

OR

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

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

3.11.11 Non-Performance of Contractor and Remedies of County

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

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

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

3.11.11.1.1 Failure of the CCNA Consultant/Contractor (without the prior wriƩen approval of the County) to uƟlize the services of a SBE pursuant to a subcontract submiƩed to the County and uƟlized by the County in a determinaƟon

RPS-26-00282 Page 20 of the CCNA Consultant/Contractor’s responsiveness to the Small Business Encouragement Program.

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

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

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

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

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

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

3.11.11.1.7 TerminaƟon of the Contract with the County.

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

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

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

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

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

RPS-26-00282 Page 21

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

3.11.12 Unlicensed/Improperly Licensed SBE Firms

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

3.12 Consultant Must Use E-Verify, Must Have Legally Authorized Workforce & UƟlize IMAGE Best PracƟces

3.12.1 E-Verify

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

Consultant is advised that there is no requirement that the Consultant must be registered with and use the E-Verify system prior to or at the Ɵme the Consultant submits its offer to the County. However, in the event the Consultant is selected for the award of this contract, then the Consultant is required to be registered with, and use the E-Verify system. The County shall not award this contract to the Consultant if the Consultant has not complied with the E-Verify registraƟon and usage requirements set forth in Florida Statutes SecƟon 448.095 by or at the Ɵme of contract award.

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

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

RPS-26-00282 Page 22

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

3.12.2 Legally Authorized Workforce

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

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

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

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

3.12.2.1.3 that the Consultant has acƟvely and affirmaƟvely verified such eligibility uƟlizing the E-Verify system and/or the Federal Government’s Employment Eligibility VerificaƟon Form (the Form I-9).

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

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

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

3.12.3 IMAGE Best PracƟces

Consultant is required to incorporate the following IMAGE Best PracƟces into its business and, when pracƟcable, incorporate verificaƟon requirements into its agreements with subcontractors:

RPS-26-00282 Page 23

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

3.12.3.1.2 Use the Social Security Number VerificaƟon Service and make a good faith effort to correct and verify the names and Social Security numbers of the current workforce. Establish a wriƩen hiring and employment eligibility verificaƟon policy.

3.12.3.1.3 Establish an internal compliance and training program related to the hiring and employment verificaƟon process, to include, but not be limited to, compleƟon of Form I-9, how to detect fraudulent use of documents in the verificaƟon process, and how to use E-Verify and the Social Security Number VerificaƟon Service.

3.12.3.1.4 Require the Form I-9 and E-Verify process to be conducted only by individuals who have received appropriate training and include a secondary review as part of each employee’s verificaƟon to minimize the potenƟal for a single individual to subvert the process.

3.12.3.1.5 Arrange for annual Form I-9 audits by an external audiƟng firm or a trained employee not otherwise involved in the Form I-9 process.

3.12.3.1.6 Establish a procedure to report to ICE credible informaƟon of suspected criminal misconduct in the employment eligibility verificaƟon process.

3.12.3.1.7 Establish a program to assess subcontractors’ compliance with employment eligibility verificaƟon requirements. Encourage subcontractors to incorporate the IMAGE Best PracƟces contained in this paragraph and, when pracƟcable, incorporate the verificaƟon requirements in Subcontractor agreements.

3.12.3.1.8 Establish a protocol for responding to leƩers received from Federal and State government agencies indicaƟng that there is a discrepancy between the agency’s informaƟon and the informaƟon provided by the employer or employee;

for example, “no match” leƩers received from the Social Security AdministraƟon.

3.12.3.1.9 Establish a Ɵp line mechanism (inbox, e-mail, etc.) for employees to report acƟvity relaƟng to the employment of unauthorized workers, and a protocol for responding to employee Ɵps.

3.12.3.1.10 Establish and maintain appropriate policies, pracƟces, and safeguards against use of the verificaƟon process for unlawful discriminaƟon, and to ensure that U.S. ciƟzens and authorized workers do not face discriminaƟon with respect to hiring, firing, recruitment or referral for a fee because of ciƟzenship status or naƟonal origin.

RPS-26-00282 Page 24

3.12.3.1.11 Maintain copies of any documents accepted as proof of idenƟty and/or employment authorizaƟon for all new hires.

3.13 Electronic Payment SoluƟon

3.13.1 Automated Clearing House (ACH). Payments from the County will be made through an ACH payment soluƟon where Offerors are paid with direct deposit. If the Offeror requests to opt out of being paid by direct deposit, then the Offeror should indicate its opt out in its Offer.

Note: If Proposer is…