Board of County Commissioners County Administrator

Robert S. Weinroth, Mayor Verdenia C. Baker Gregg K. Weiss, Vice Mayor Dave Kerner Maria G. Marino Maria Sachs Melissa McKinlay Purchasing Department Mack Bernard www.pbcgov.org/purchasing

BOARD OF COUNTY COMMISSIONERS

NOTICE OF SOLICITATION

IFB #22-050/SM

WELDING SERVICES, TERM CONTRACT

IFB SUBMISSION DATE: MARCH 31, 2022 AT 4:00 P.M.

It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders 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 at (561) 616-6800.

BIDDERS 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 BID.

Protests can be accepted only during the five (5) business day posting period.

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. IF BIDDER INTENDS TO USE SUBCONTRACTORS, BIDDER MUST ALSO ENSURE THAT ALL SUBCONTRACTORS ARE REGISTERED AS VENDORS IN

VSS. ALL SUBCONTRACTOR AGREEMENTS MUST INCLUDE A CONTRACTUAL PROVISION

REQUIRING THAT THE SUBCONTRACTOR REGISTER IN VSS. COUNTY WILL NOT FINALIZE A

CONTRACT AWARD UNTIL THE COUNTY HAS VERIFIED THAT THE BIDDER AND ALL OF ITS

SUBCONTRACTORS ARE REGISTERED IN VSS.

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 bids.

Palm Beach County shall not be responsible for the completeness of any Invitation for Bid 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.

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

BOARD OF COUNTY COMMISSIONERS

Palm Beach County

INVITATION FOR BID

IFB # 22-050/SM IFB TITLE: WELDING SERVICES, TERM CONTRACT

PURCHASING DEPARTMENT CONTACT: Staci C. Machado, Buyer TELEPHONE NO.: (561) 616-6835

FAX NO.: (561) 233-2154 E-MAIL ADDRESS: smachado@pbcgov.org

All bid responses must be received on or before March 31, 2022, no later than 4:00 p.m., Palm Beach County local time. SUBMIT BID TO: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199.

This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments (if issued), and / or any other referenced document form a part of this solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents.

PURPOSE AND EFFECT: It is the purpose and intent of this solicitation to secure bids for item(s) and / or services as listed herein.

The selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract.

GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS

GENERAL CONDITIONS

1. GENERAL INFORMATION

Bidders are advised that this package constitutes the complete set of specifications, terms, and conditions, which forms the binding contract between Palm Beach County and the successful bidder. Changes to this Invitation for Bid may be made only by written amendment issued by the County Purchasing Department. Bidders 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 bid 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. Bidder certifies that this bid is made without reliance on any oral representations made by the County.

The County’s performance and obligation to pay under the contract is contingent upon an annual appropriation by the Board of County Commissioners (“Board”) for subsequent fiscal years.

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 items covered herein apply. Lack of knowledge by the bidder shall in no way be a cause for relief from responsibility. The successful bidder shall strictly comply with Federal, State and local building and safety codes. Equipment shall meet all State and Federal Safety regulations. Bidder certifies that all products (materials, equipment, processes, or other items supplied in response to this bid) contained in its bid meets all ANSI, NFPA, and all other Federal and State requirements. Bidder further certifies that, if it is the successful bidder, 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 bidder.

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 successful bidder and Palm Beach County for any terms and conditions not specifically stated in the Invitation for Bid.

b. COMMERCIAL NON-DISCRIMINATION:

Item 1: Bidder’s Representations and Agreement.

The bidder represents and warrants that it will comply with the County’s Commercial Nondiscrimination Policy as described in Resolution 2017-1770 as amended. As part of such compliance, the bidder shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the bidder retaliate against any person for reporting instances of such discrimination. The bidder shall provide equal opportunity for subcontractors, subconsultants vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the County’s relevant marketplace in Palm Beach County. The bidder understands and agrees that a material violation of this clause shall be considered a material breach of contract and may result in termination of the contract, disqualification or debarment of the bidder from participating in County contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

Item 2: Bidder’s Agreement to Apply to Subcontracts

The bidder covenants and agrees to include the commercial non-discrimination clause in all subcontractor agreements.

c. 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-2017-1770, as may be amended, the successful bidder warrants and represents that throughout the term of the contract, including any renewals thereof, 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 or expression, or genetic information. Failure to meet this requirement shall be considered a default of contract.

d. INDEPENDENT CONTRACTOR RELATIONSHIP: The successful bidder is, and shall be, in the performance of all work, services, and activities under the Contract, an Independent Contractor and not an employee, agent, or servant of the County.

All persons engaged in any of the work or services performed pursuant to the Contract shall at all times, and in all places, be subject to the successful bidder’s sole direction, supervision, and control. The successful bidder shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the successful bidder’s relationship, and the relationship of its employees, to the County shall be that of an Independent Contractor and not as employees or agents of the County.

e. 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 bidder is solely responsible for understanding the financial, schedule, and / or staffing implications of this Ordinance. Further, the bidder acknowledges that its bid price 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.

f. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm Beach

County to notify all bidders 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 36 months from the date of being placed on the convicted vendor list.”

g. NON-COLLUSION: Bidder 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 bidders over other bidders. 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, discontinuation of services, and removal from the vendor bid list(s), and / or debarment or suspension from doing business with Palm Beach County.

h. LOBBYING: Bidders are advised that the “Palm Beach County

Lobbyist Registration Ordinance” prohibits a bidder or anyone representing the bidder 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 bid, i.e., a “Cone of Silence”.

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

Bidders 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.

i. CONFLICT OF INTEREST: All bidders shall disclose with their bid 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 bidders 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 bidder’s firm or any of its branches.

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

k. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the successful bidder 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 successful bidder, its subcontractors, agents, servants or employees during the course of performing services or caused by the goods provided pursuant to these bid documents and / or resultant contract.

l. PUBLIC RECORDS, ACCESS AND AUDITS: The bidder agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings or data relating to the Contract which have been created as a part of the bidder’s services or authorized by the County as a reimbursable expense, whether generated directly by the bidder, or by or in conjunction or consultation with any other party whether or not a party to the Contract, whether or not in privity of contract with the County or the bidder, and wherever located shall be the property of the County.

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 bidder might consider to be confidential. All submitted information that the responding bidder 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 County shall have the right to request and review bidder’s books and records to verify bidder’s compliance with the Contract, adherence to the Equal Business Opportunity (“EBO”) Program and its bid. The County shall have the right to interview subcontractors, and workers at the work site to determine Contract compliance. The bidder shall maintain records related to all charges, expenses, and costs incurred in estimating and performing the work for at least five (5) years after completion or termination of the Contract. Bidder shall retain all books and records pertaining to the contract, including, but not limited to, subcontractor payment records, for five (5) years after project completion date. The County and the Palm Beach County Inspector General shall have access to such records as required in this Section for the purpose of inspection or audit during normal business hours, in Palm Beach County at any reasonable time during the five (5) years.

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

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

1. Keep and maintain public records required by the County to perform services provided under the Contract.

2. Upon request from the County’s Custodian of Public Records

(“County’s Custodian”) or County’s representative / liaison, on behalf of the County’s Custodian, provide the 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 bidder 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 bidder does not transfer the records to the public agency. Nothing contained herein shall prevent the disclosure of or the provision of records to the County.

4. Upon completion of the Contract, the bidder shall transfer, at no cost to the County, all public records in possession of the bidder unless notified by County’s representative / liaison, on behalf of the County’s Custodian, to keep and maintain public records required by the County to perform the service. If the bidder transfers all public records to the County upon completion of the Contract, the bidder shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If the bidder keeps and maintains public records upon completion of the Contract, the bidder shall meet all applicable requirements for retaining public records. All records stored electronically by the bidder must be provided to the County, upon request of the County’s Custodian or the County’s representative / liaison, on behalf of the County’s Custodian, in a format that is compatible with the information technology systems of County, at no cost to County.

Bidder 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 bidder 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 the Contract. 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 BIDDER HAS QUESTIONS

REGARDING THE APPLICATION

OF CHAPTER 119, FLORIDA

STATUTES, TO THE BIDDER’S

DUTY TO PROVIDE PUBLIC

RECORDS RELATING TO THE

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.O

RG OR BY TELEPHONE AT 561-

355-6680.

m. INCORPORATION, PRECEDENCE, JURISDICTION, GOVERNING LAW: This Invitation for Bid shall be included and incorporated in the final award. The order of contractual precedence shall be the bid document (original terms and conditions), bid response, and purchase order or term contract order. Any and all legal action necessary to enforce the award or the resultant contract shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the award or the resultant contract will be held in a court of competent jurisdiction located in Palm Beach County, Florida.

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

o. NO THIRD PARTY BENEFICIARIES: No provision of the 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 the Contract, including but not limited to any citizen or employees of the County and / or successful bidder.

p. SCRUTINIZED COMPANIES

1. SCRUTINIZED COMPANIES:

As provided in F.S. 287.135, by entering into a Contract or performing any work in furtherance hereof, the bidder certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S. 215.4725. Pursuant to F.S. 287.135(3)(b), if bidder is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, the resulting Contract from this Invitation for Bid may be terminated at the option of the County.

If the County determines, using credible information available to the public, that a false certification has been submitted by bidder, the resulting Contract from this Invitation for Bid may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of the Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract renewal.

2. 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 hereof, the bidder 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 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 bidder, the resulting Contract from this Invitation for Bid may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of the Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract renewal.

mailto:RECORDSREQUEST@PBCGOV.ORG mailto:RECORDSREQUEST@PBCGOV.ORG

3. BID SUBMISSION

a. SUBMISSION OF RESPONSES: All bid responses must be submitted on the provided Invitation for Bid “Response” Form. Bid 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 BID RESPONSE FORM AT THE INDICATED PLACES

SHALL BE CAUSE FOR REJECTION OF THE BID. Bid responses are to be submitted to the Palm Beach County Purchasing Department no later than the time indicated on the solicitation preamble, and must be submitted in a sealed envelope or container bearing the bid number for proper handling.

b. CERTIFICATIONS, LICENSES AND PERMITS: Unless otherwise directed in sub-paragraph d. (Local Preference) or the Special Conditions of this bid, bidder should include with its bid 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 bidder shown on the bid response page.

It shall also be the responsibility of the successful bidder to maintain a current Local Business Tax Receipt (Occupational License) for Palm Beach County and all permits required to complete the contractual service at no additional cost to Palm Beach County. A Palm Beach County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. In lieu of a Palm Beach County Local Business Tax Receipt (Occupational License), the bidder should include the current Local Business Tax Receipt (Occupational License) issued to the bidder in the response. It is the responsibility of the successful bidder 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. S/M/WBE - EBO REQUIREMENTS

NOTE: All OEBO Program Forms, including waiver forms and good faith effort documentation are available on the OEBO website:

http://discover.pbcgov.org/oebo/Pages/Documents.aspx

Item 1 – Policy It is the policy of the Board that all segments of its business population, including, but not limited to, small, local, minority and women owned businesses, have an equitable opportunity to participate in the County’s procurement process, prime contract and subcontract opportunities. To that end, the Board adopted an Equal Business Opportunity Ordinance which is codified in Sections 2-80.20 through 2-80.30 (as may be amended) of the Palm Beach County Code, (EBO Ordinance) which sets forth the County’s requirements for the EBO Program, and which is incorporated in this solicitation. The provisions of the EBO Ordinance are applicable to this solicitation, and shall have precedence over the provisions of this solicitation in the event of a conflict.

Item 2 – Application of Affirmative Procurement Initiative(s)

(API)

a. Application of API(s)

The API(s) approved for this solicitation, including any applicable S/M/WBE goals is/are attached.

b. S/M/WBE Goal Waiver Request

NOTE: Item 2b is only applicable if an S/M/WBE Goal is applied as an API.

If bidder is unable to comply with the API(s) requirements as set forth in this solicitation, such bidder shall submit a request for a waiver or partial waiver at least seven (7) days prior to the bid due date as stated in the solicitation.

If a bidder requests a waiver from an API requirement from the Office of Equal Business Opportunity (OEBO) at least seven (7) days prior to the bid due date, then the bid due date will be extended pending the outcome of a waiver request.

Additionally, if the waiver is granted, the solicitation will be amended accordingly and the due date extended. After submission of a bid, if bidder, through no fault of its own, is unable to meet the S/M/WBE participation specified in its bid, then bidder must immediately seek substitute S/M/WBEs to fulfill the requirements and obtain the approval of the EBO Director. If, after reasonable Good Faith Efforts, as defined below, the bidder is unable to find an acceptable substitute S/M/WBE, a post-bid opening waiver may be requested. The request shall document the reasons for the bidder’s inability to meet the goal requirement. In the event the bidder is found not to have performed Good Faith Efforts, as defined below, in its attempt to find a suitable substitute for the initial S/M/WBE proposed utilization, one (1) or more of the penalties and sanctions as set forth in the EBO Ordinance may be applied.

Good Faith Efforts Such waiver request shall include specified documentation that demonstrates satisfactory Good Faith Efforts, as defined below, were undertaken by bidder to comply with the requirements as described under the selected S/M/WBE goal.

The Good Faith Effort waiver request with instructions for submission to the OEBO, is located on the OEBO website:

http://discover.pbcgov.org/oebo/Pages/Documents.aspx.

The OEBO shall review a waiver request within seven (7) days of receipt. The bid due date will be extended during this review period. If the OEBO determines that adequate Good Faith Efforts, as defined below, have been demonstrated by the bidder to warrant a partial or total waiver of the API, then the solicitation shall be amended accordingly to reflect the partial or total waiver. The amended solicitation shall then be advertised to all prospective bidders and the bid due dated extended. However, if the OEBO determines that the bidder failed to submit documentation sufficient to demonstrate that Good Faith Efforts, as defined below, were undertaken by the bidder to support its waiver or partial waiver request, the request for waiver or partial waiver shall be denied, and the solicitation shall remain unchanged. In the event of an adverse waiver or partial waiver request decision, the bidder shall have the right to request reconsideration of the adverse decision by the Director OEBO, and if still aggrieved, shall be subsequently entitled to the process for an appeal to a Special Master as referenced in Section 2.-80.28 (b) of the EBO Ordinance. The solicitation due date shall be extended pending the OEBO Director’s reconsideration and Special Master appeal process, if requested.

Documentation Required for Good Faith Efforts Documentation means documentation of the bidder’s intent to comply with the applicable API(s), including, but not limited to, the following: (1) documentation as stated in the solicitation reflecting the bidder’s commitment to comply with S/M/WBE goals as established by the OEBO for a particular contract; or

(2) documentation of efforts made toward achieving EBO program goals (e.g., solicitations of bids / proposals / qualification statements from all qualified S/M/WBE firms listed in the OEBO’s directory of certified S/M/WBE firms;

correspondence from qualified S/M/WBE firms documenting their unavailability to perform S/M/WBE contracts;

documentation of efforts to subdivide work into smaller quantities for subcontracting purposes to enhance opportunities for S/M/WBE firms; documentation of a Prime Contractor’s posting of a bond covering the work of S/M/WBE subcontractors; documentation of efforts to assist S/M/WBE firms with obtaining financing, bonding or insurance required by the bidder; and documentation of consultations with trade associations and consultants that represent the interests of S/M/WBEs in order to identify qualified and available S/M/WBE subcontractors. Scoring of Good Faith Efforts documentation and administrative determinations regarding the adequacy of such Good Faith Efforts is the responsibility of the OEBO.

http://discover.pbcgov.org/oebo/Pages/Documents.aspx http://discover.pbcgov.org/oebo/Pages/Documents.aspx

Item 3 – Bid Submission Documentation If any subcontractors or subconsultants are utilized in performing work under the contract, bidders shall complete Schedule 1 and Schedule 2, listing the work to be performed by any subcontractor or subconsultant, including S/M/WBE subcontractors and subconsultants.

S/M/WBE bidders submitting as Prime Contractors or Consultants are advised that they shall complete Schedule 1 and Schedule 2, listing the work to be performed by their own workforce.

Schedules 1 and 2 are to be submitted with the bid prior to the published bid submission time.

Schedule 1 – List of Proposed Contractor / Consultant and Subcontractor / Subconsultant Participation A completed Schedule 1 submitted by the prime shall list the names of all Subcontractors / subconsultants intended to be used in performance of the contract, if awarded, including the total proposed percentage of S/M/WBE participation. This schedule shall also be used if an S/M/WBE Prime contractor / consultant is performing all or any portion of the contract with their work force.

Schedule 2 – OEBO Letter of Intent A completed and executed Schedule 2 is a binding document between the Prime contractor / consultant and a Subcontractor / subconsultant (or any tier) and should be treated as such. Each Schedule 2 shall be executed by the Prime contractor / consultant and by the proposed Subcontractor / subconsultant. If the Prime contractor / consultant is an S/M/WBE, a Schedule 2 shall be submitted to document work to be performed by its workforce. All S/M/WBE(s) shall specify, in detail, the type of work they will perform along with the dollar amount they will be compensated and/or percentage of work they will perform. If any Subcontractor / subconsultant intends to subcontract any portion of their work, they are required to list the dollar amount and the name of the Subcontractor / subconsultant on this Schedule. All named Subcontractors / subconsultants on this Schedule must also complete and submit a separate Schedule 2. The Prime may count toward its SBE or M/WBE goal second and third tiered certified S/M/WBE(s); provided that the Prime contractor / consultant submits a completed and executed Schedule 2 for each S/M/WBE.

A detailed scope of work may be attached with an executed Schedule 2.

In the event of a conflict between Schedules 1 and 2 when calculating S/M/WBE participation, the information provided on Schedule 2 shall have precedence.

In the event of mathematical error(s), the unit price, if available, shall prevail and the bidder’s total offer shall be corrected accordingly. If the County’s issuance of an alternate or change order on a project results in changes in the scope of work to be performed by a Subcontractor / subconsultant listed at the time of bid submission, the Prime must submit a, completed and executed Schedule 2 that specifies the revised scope of work to be performed by the Subcontractor / subconsultant, along with the modified price and /or percentage.

Item 4 – S/M/WBE Certification Only those firms certified by Palm Beach County at the time of bid submission shall be counted toward the established S/M/WBE goals. Upon receipt of a completed application, IT TAKES UP TO

NINETY (90) BUSINESS DAYS TO BECOME CERTIFIED AS AN

S/M/WBE WITH PALM BEACH COUNTY. It is the responsibility of the bidder to confirm the certification of any proposed S/M/WBE;

therefore, it is recommended that bidders visit the online Vendor Directory at www.pbcgov.org/oebo to verify S/M/WBE certification status. Firms must continue to recertify during the life of the contract as the County may only count toward the established goal, work performed by an S/M/WBE during the time their certification dates are valid.

Item 5 – Counting S/M/WBE Participation

NOTE: Item 5 is only applicable if an S/M/WBE Goal is applied as an API.

a. Once a business is determined to be an eligible S/M/WBE according to the Palm Beach County certification procedures, the Prime contractor / consultant may count toward its goals only that portion of the total dollar value of a contract performed by the S/M/WBE. Prior to issuance of this solicitation, the total dollar value of a contract will be determined by the County by defining factors to be considered as value. Total dollar value of retail contracts shall be determined by Gross Receipts, as defined in the EBO Ordinance.

b. Certified S/M/WBE participation will only count toward the established goal in a business category in which it does not exceed the size standard.

c. The Prime contractor / consultant may count toward the established goal a portion of the total dollar value of a contract with a joint venture, based on the clearly defined portion of the work to be performed by the certified S/M/WBE of the joint venture.

d. The Prime contractor / consultant may count toward the established goal the entire expenditures for materials and equipment purchased by an S/M/WBE Subcontractor / subconsultant, provided that the S/M/WBE Subcontractor / subconsultant has the responsibility for the installation of the purchased materials and equipment.

e. The Prime contractor / consultant may count sixty percent (60%) of its expenditure to S/M/WBE suppliers / distributors that are not manufacturers toward the established goal.

f. The Prime contractor / consultant may count toward the established goal, second and third tiered certified S/M/WBEs, provided that the Prime submits a completed Schedule 2 for each S/M/WBE.

g. The Prime contractor / consultant may count the entire expenditure to an S/M/WBE manufacturer toward the established goal (i.e., a supplier/distributor that produces goods from raw materials or substantially alters the goods before resale).

h. The Prime contractor / consultant may only count towards the established goal the goods and services in which the S/M/WBE subcontractor / subconsultant is certified and performs with their work force.

Item 6 – Responsibilities After Contract Award

Schedule 3 – Subcontractor Activity Form The Prime Contractor shall submit a completed Schedule 3 with each invoice, or payment application when any subcontractor / subconsultant has provided services during the period in which the Prime is requesting payment. This Schedule shall contain the names of all the Prime and subcontractors / subconsultants on the project specifying the contracted dollar amount, approved change orders; revised contract amount; amount drawn this period; amount drawn to date; and payments to date issued to all subcontractors / subconsultants with their starting date.

Schedule 4 – Subcontractor / Subconsultant Payment Certification A fully executed Schedule 4 shall be submitted for each Subcontractor / subconsultant after receipt of payment from the Prime contractor / consultant. The Prime contractor / consultant shall submit this Schedule with each payment application or invoice submitted to the County when the County has paid the Prime contractor / consultant on the previous payment application for services provided by a Subcontractor / subconsultant. If any Subcontractor / subconsultant intends to disburse funds associated with this payment to another Subcontractor / subconsultant for labor provided on the contract, the amount and name of the Subcontractor / subconsultant shall be listed on this Schedule. All named Subcontractors / subconsultants on this Schedule must also complete and submit a separate Schedule 4 after receipt of payment. If the Prime contractor / consultant is a certified S/M/WBE, a Schedule 4 shall be submitted to reflect the amount of payment retained by the Prime contractor / consultant for services performed by its own workforce.

All bidders hereby agree and assure that they will meet the S/M/WBE participation percentages submitted in their respective bids with the Subcontractors / subconsultants contained on Schedules 1 and 2 and at the dollar values or percentages specified. Respondents or bidders agree to provide any additional information requested by the County to substantiate participation.

http://www.pbcgov.org/oebo

The successful bidder shall submit a Schedule 3 and Schedule 4 with each payment application, when applicable. Failure to provide these Schedules may result in a delay in processing payment or disapproval of the invoice until they are submitted.

The Schedule 3 is to be filled out by the Prime contractor / consultant and the Schedule 4 is to be executed by the Subcontractor / subconsultant to verify receipt of payment.

Upon letter notification by the County that the EBO payment portal/tracking system is available for use, the successful bidder is required to input all Subcontractor / subconsultant payment information directly into the EBO payment portal/tracking system prior to submitting a payment application.

Item 7 – S/M/WBE Substitutions After contract award, the Prime contractor / consultant will only be permitted to substitute a certified S/M/WBE that is unwilling or unable to perform. The Prime contractor / consultant will only be permitted to modify the scope of work or price of an S/M/WBE listed in their response to the solicitation as a result of the County’s issuance of an amendment, alternate or change orders on a project. Substitutions shall be done with like certified S/M/WBEs in order to maintain the participation percentages submitted with the bid.

All requests for modifications or substitutions shall be submitted to the County and the OEBO on the EBO Request for S/M/WBE Substitution Modification Removal Form for review. Upon receiving an approval for substitution, the Prime contractor / consultant shall complete and submit a new executed Schedule 2 that specifies the revised scope of work to be performed by the S/M/WBE along with the revised dollar amount and/or percentage.

A detailed scope of work may be attached with an executed Schedule 2.

Item 8 – EBO Program Compliance- Penalties Under the EBO Ordinance, the OEBO is required to implement and monitor S/M/WBE utilization during the term of any contract resulting from this solicitation. It is the County’s policy that S/M/WBEs shall have the maximum feasible opportunity to participate in the performance of County contracts. All bidders are required to comply with the EBO Ordinance and shall be expected to comply with the API(s) applicable to this solicitation, as well as the S/M/WBE utilization proposed by a bidder in its Bid, which utilization plan forms a part of any resulting Contract.

The Director of the OEBO or designee may require such reports, information, and documentation from the bidder as are reasonably necessary to determine compliance with the EBO Ordinance requirements. Bidder shall correct all noncompliance issues within fifteen (15) days of a written notice of noncompliance by the department procuring the goods or services or the OEBO. If the bidder does not resolve the non-compliance within fifteen (15) days of receipt of written notice of non-compliance, then upon recommendation of sanctions by the Director of OEBO or designee the Purchasing Director may impose upon the non-complying party any or all of the following penalties:

a. Suspension of contract;

b. Withholding of funds;

c. Termination of contract based upon a material breach of contract pertaining to EBO Program compliance;

d. Suspension or Debarment of a respondent or bidder, contractor or other business entity from eligibility for providing goods or services to the County for a period not to exceed two

(2) years; and

e. Liquidated damages equal to the difference in dollar value of S/M/WBE participation as committed to in the contract, and the dollar value of S/M/WBE participation as actually achieved, if applicable.

d. LOCAL PREFERENCE ORDINANCE: In accordance with the

Palm Beach County Local Preference Ordinance, a preference may be given to (1) bidders having a permanent place of business in Palm Beach County or (2) bidders 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 bidder is a non- Glades business, all bids received from responsive, responsible Glades businesses will be decreased by 5%. The original bid amount is not changed. The 5% decrease given for the Glades Local Preference is calculated only for the purpose of determining local preference.

2. Local Preference: Pursuant to the Palm Beach County Local Preference Ordinance, a 5% Local Preference is given to bidders having a permanent place of business in Palm Beach County. If the lowest responsive, responsible bidder is a non-local business; all bids received from responsive, responsible local businesses will be decreased by 5%. The original bid amount is not changed. The 5% decrease given for the Local Preference is calculated only for the purpose of determining local preference.

3. To receive a Glades Local Preference or a Local Preference (collectively referred to as “local preference”), a bidder must have a permanent place of business in existence prior to the County’s issuance of this Notice of Solicitation / Invitation for Bid. A permanent place of business means that the bidder’s headquarters is located in Palm Beach County or in the Glades, as applicable; or, the bidder has a permanent office or other site in Palm Beach County or in the Glades, as applicable, where the bidder will produce a substantial portion of the goods or services to be purchased.

4. A valid Business Tax Receipt issued by the Palm Beach County Tax Collector is required, unless the bidder is exempt from the business tax receipt requirement by law, and will be used to verify that the bidder had a permanent place of business prior to the issuance of this Notice of Solicitation / Invitation for Bid. In addition, the attached “Certification of Business Location” and Business Tax Receipt must accompany the bid at the time of bid submission. 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 bidder / proposer to not receive a local preference.

e. DRUG FREE WORKPLACE CERTIFICATION: In compliance with Florida Statute (Section 287.087) attached form “Drug-Free Workplace Certification” should be fully executed and submitted with bid response in order to be considered for a preference whenever two (2) or more bids which are equal with respect to price, quality, and service are received by Palm Beach County.

f. CONDITIONED OFFERS: Bidders are cautioned that any condition, qualification, provision, or comment in their bid, or in other correspondence transmitted with their bid, 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 bid as non-responsive.

g. PRICING:

1. Prices offered must be the price for new merchandise and free from defect. Unless specifically requested in the bid specifications, any bids containing modifying or escalation clauses shall be rejected.

2. The price offered must be in accordance with the unit of measure provided on the bid response page(s). One (1) space or line requires only one (1) single, fixed unit price.

Anything other than a single, fixed unit price shall result in the rejection of your bid.

3. All unit prices bid should be within two (2) decimal points. If bidder’s pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly.

4. Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days from the date of bid submission to allow for evaluation and award.

5. Bidder warrants by virtue of bidding that prices shall remain firm for the initial and any subsequent term.

6. In the event of mathematical error(s), the unit price shall prevail and the bidder’s total offer shall be corrected accordingly. BIDS HAVING ERASURES OR

CORRECTIONS MUST BE INITIALED BY THE BIDDER

PRIOR TO BID SUBMISSION; HOWEVER, IF THE

CORRECTION IS NOT PROPERLY INITIALED, BUT THE

INTENT OR LEGIBILITY OF THE CORRECTION IS CLEAR,

THE BID SHALL NOT BE REJECTED.

7. Bidders may offer a cash discount for prompt payment.

However, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes unless otherwise specified in the special conditions. Bidders should reflect any discounts to be considered in the unit prices bid.

h. SUBMITTING NO BID or NO CHARGE: Bidders not wishing to bid on some items sought by this solicitation should mark those items as “no bid”. If some items are to be offered at no charge, bidders should mark those items as “no charge”. Items left blank shall be considered a “no bid” for that item, and the bid shall be evaluated accordingly.

i. ACCEPTANCE / REJECTION OF BIDS: Palm Beach County reserves the right to accept or to reject any or all bids. Palm Beach County also reserves the right to (1) waive any non-substantive irregularities and technicalities; (2) reject the bid of any bidder who has previously failed in the proper performance of a contract of a similar nature, who has been suspended or debarred by another governmental entity, or who is not in a position to perform properly under this award; and (3) inspect all facilities of bidders in order to make a determination as to its ability to perform.

Palm Beach County reserves the right to reject any offer or bid if the prices for any line items or subline items 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 bid line item and significantly greater than fair market price for other bid 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 bid is materially unbalanced shall be made in writing by the Purchasing Director, citing the basis for the determination.

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