18-Special Instructions to Vendors - OPN2129852B2.pdf

SPECIAL INSTRUCTIONS TO VENDORS

QUOTATION REQUEST OR INVITATION TO BID

New Actuators, Actuator Parts, Accessories & Repair Services

A. Scope

This open-end contract is to furnish and deliver, to job site, new replacement (not rebuilt or refurbished) motor and electro- hydraulic actuators, including parts and accessories from various brands for the Water & Wastewater

Services and various other Broward County agencies that may have need of these services and/or products in accordance with the Specifications and Requirements.

B. Contract Type

Open-End/Indefinite Quantity Contracts. This solicitation is not for a definite quantity of goods or services and is for an open-end/indefinite quantity contract. The County shall purchase the guaranteed minimum quantity of goods or services (if any) stated in the solicitation but may exceed that minimum amount, and the Contractor shall provide all amounts ordered by the County, limited only by any maximum quantity stated in the solicitation. The

County may issue purchase orders on this solicitation as and when required; issue a blanket purchase order for individual agencies; issue instructions for use of direct purchase orders by various County agencies; procure amounts above any stated guaranteed minimum quantity by any method from any other source(s); or do any combination of the foregoing. No delivery of goods or performance of services shall become due or be accepted without a written purchase order and delivery instruction by the County, unless otherwise expressly provided in the solicitation. Such order will contain the quantity, time of delivery, and other pertinent data. If the County requires delivery within a shorter period than the delivery time specified in the solicitation (if any), and if the

Vendor is unable to deliver by that time at the contracted price, the County may obtain such delivery from other sources, without penalty or prejudice to the County, and such shall not be a violation of the contract.

There is no guaranteed minimum quantity of goods or services. Any quantities stated are estimates only.

Contract Term/Period: The initial contract period shall start on date of award and shall terminate two (2) years from that date. The Director of Purchasing may renew this contract for (3) one-year periods subject to Vendor acceptance, Vendor satisfactory performance, and the Director of Purchasing’s determination that renewal will be in the best interest of the County. Notification of intent to renew will be sent in advance of expiration date of this contract. The Vendor must complete delivery, and the County will receive delivery, on any orders issued by the County to the Vendor prior to the date of expiration.

C. Office of Economic and Small Business Requirements

Refer to Office of Economic and Small Business Development Procurement Preferences for Broward County Small Business Enterprises and County Business Enterprises.

D. Funding Requirements (ex. Grant, State, or Federal)

Not applicable to this solicitation.

E. Specifications and Requirements

The Specifications and Requirements included apply to this solicitation. If the Specifications and Requirements reference a third party (i.e., manufacturer, applicator, subcontractor, etc.), the reference is to be construed as the

Vendor through the third party.

The product offered by the Vendor must, on an overall basis, be equal or greater in quality or performance than the Specifications and Requirements. Broward County shall be the sole judge of what constitutes equal or greater in quality or performance. Submittals that do not comply with Specifications and Requirements are subject to rejection.

The Vendor should submit with their response photographs, drawings, current manufacturer's catalogues, or product literature on the items offered. If not submitted with their response, this information must be submitted within three calendar days after request by Broward County Purchasing Division. Literature should be clearly marked as to each item number. The Vendor’s failure to submit the requested literature and/or catalogues may result in their bid being declared nonresponsive.

F. Requests for Approved Equals

A Vendor may submit a request for determination of approved equal status. Requests must be submitted on the

Request for Approved Equals and delivered by email to the Purchasing Agent no later than August 15, 2025, 5:00p.m. Late requests will not be considered. The County’s response to any such request will be issued by addendum.

G. Vendor Responsibilities

The Vendor will be responsible for the provision, installation (if applicable, per Specifications and Requirements, and performance of all equipment, materials, services, etc. offered in their submittal. The Vendor is not relieved of responsibility for the performance of all equipment furnished, or of ensuring timely delivery of materials, equipment, etc., even if the equipment or materials are not of their own manufacture.

The Vendor must itself perform, without subcontracting or other forms of outsourcing, work that constitutes at least 90% percent of the total contract price.

H. Fiscal Year End

I. Basis of Award

It is the intent to award this contract to all responsive, responsible bidders per group. A bidder may bid on any number of groups; however, a bidder must bid on all line items within the group bid to be considered for award for group; otherwise, the bid for the group will be construed as incomplete and may be rejected. The County reserves the right to award as deemed in its best interest, in accordance with General Conditions, Section B.7.

J. Multiple Awards

K. Price Adjustment/Escalation

L. Maintenance and Service Requirements

M. Licensing Requirements

N. Certification Requirements

O. Permits and Fees

P. Allowances

This solicitation includes pass-thru allowances. It is not necessary to add your allowance amounts into your bid prices. The County will add the allowance amount to the bid offer.

The solicitation includes an annual allowance amount of $50,000 for the below item(s):

Specialty Subconsultant/Subcontractor Services on a pass-thru - $40,000 (annually)

Freight on a pass-thru - $10,000 (annually)

The following shall apply to payment of allowances:

1. The allowance amount is an estimate only; payment is not guaranteed and is only paid based on actual costs incurred by the Vendor for the identified allowance.

2. The Contract Administrator or designee must authorize use of any allowances (per Specifications and

Requirements) prior to Vendor incurring costs related to an allowance amount.

3. No markup or additional fees are allowed on payment of allowance items. This includes, but is not limited to, overhead, profit, “runner’s fees”, etc.

4. Allowances for Permit Fees: payment for permit fees does not include licenses, permit expediting services, re-inspection fees, and expired permit fees. Proof of permit fee(s) shall be submitted with Vendor’s invoice for payment.

5. Allowance for Parts on a Pass Thru: Vendor must charge the County the same invoice prices as it is charged by its suppliers. A copy of the Vendor’s invoice(s) from supplier(s) for approved parts and materials shall be submitted with the Vendor’s invoice for payment. In cases where the Vendor manufactures its own parts, Vendor will charge the County a price no higher than it charges its most favored customer.

Q. Public Bid Disclosure Act

R. Recycling Preference

S. Prevailing Wage Rates

T. Liquidated Damages

U. Payment

Refer to General Conditions.

V. Additional Information/Instructions

Bonding Requirements: If labor exceeds $200,000 throughout the term of the contract, performance and payment bonds will be required.

Form Date 7/1/25