22-113-SS.pdf

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

RPQ #22-113/SS

REQUEST FOR PRE-QUALIFICATION OF VENDORS FOR

DOOR REPLACEMENT SERVICES, TERM CONTRACT

SUBMISSION DATE: December 1, 2022 AT 4:00 P.M.

The published Request for Pre-Qualification submission time shall be observed for the initial Pre-Qualification of Vendor(s). NOTE: New vendors may submit their Request for Pre-Qualification at any time after the initial submission time in order to be evaluated by the Purchasing Department and added to the Pre-Qualified list of vendors.

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

VENDORS SHALL PROVIDE A RESPONSE IN A SEALED PACKAGE OR CONTAINER SIGNED BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO SHALL

BE CAUSE FOR REJECTION OF YOUR RESPONSE.

C A U T I O N

In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. IF VENDOR INTENDS TO USE

SUBCONTRACTORS, VENDOR 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 VENDOR 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 quotes.

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

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

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

BOARD OF COUNTY COMMISSIONERS

Palm Beach County

REQUEST FOR PRE-QUALIFICATION

TITLE: REQUEST FOR PRE-QUALIFICATION OF VENDORS FOR DOOR

REPLACEMENT SERVICES, TERM CONTRACT

BUYER: SANDY SHEA PHONE (561) 616-6823

FAX (561) 242-6724 E-MAIL: sshea@pbcgov.org

SUBMIT QUALIFICATION RESPONSES TO: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415.

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

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

GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR VENDORS

GENERAL CONDITIONS

1. GENERAL INFORMATION

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

The County’s performance and obligation to pay under the contract is contingent upon an annual appropriation by the Board of County Commissioners 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 goods and/or services covered herein apply. Lack of knowledge by the Vendor shall in no way be a cause for relief from responsibility. The Vendor shall strictly comply with Federal, State and local building and safety codes.

Equipment shall meet all State and Federal Safety regulations.

Vendor certifies that all products (materials, equipment, processes, or other goods and/or services supplied in response to this Request for Pre-Qualification) contained in its Request for Pre-Qualification meets all ANSI, NFPA, and all other Federal and State requirements. Vendor further certifies that, if it is selected as a Pre-Qualified Vendor, and the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product into compliance shall be borne by the Vendor.

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

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

b. COMMERCIAL NON-DISCRIMINATION:

Item No. 1: Vendor’s Representations and Agreement.

The Vendor 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 Vendor 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 Vendor retaliate against any person for reporting instances of such discrimination. The Vendor 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 Vendor 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 Vendor 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 No. 2: Vendor’s Agreement to Apply to Subcontracts

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

mailto:sshea@pbcgov.org

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 vendor 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 Vendor is, and shall be, in the performance of all work, services, and activities under the contract, an Independent Vendor and not an employee, agent, or servant of Palm Beach County. All persons engaged in any of the work or services performed pursuant to the contract shall at all times, and in all places, be subject to the Vendor’s sole direction, supervision, and control.

The Vendor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Vendor’s relationship, and the relationship of its employees, to Palm Beach County shall be that of an Independent Vendor and not as employees or agents of Palm Beach County.

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 Vendor is solely responsible for understanding the financial, schedule, and / or staffing implications of this Ordinance.

Further, the Vendor acknowledges that its pricing includes any and all direct or indirect costs associated with compliance with this Ordinance, except for the applicable FDLE / FBI fees that shall be paid by the County.

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

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

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

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

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

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

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

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

i. CONFLICT OF INTEREST: The respondent represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes and the Palm Beach County Code of Ethics. The respondent further represents that no person having any conflict of interest shall be employed for said performance or services. All respondent(s) shall disclose with their Request for Pre-Qualification the name of any officer, director, or agent who is also an employee or a relative of an employee of Palm Beach County. Further, all Vendors shall disclose the name of any County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Vendors firm or any of its branches.

j. SUCCESSORS AND ASSIGNS: The County and the Vendor each binds itself and its successors and assigns to the other party in respect to all provisions of the contract. Neither the County nor the Vendor 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 Vendor shall indemnify, save harmless and defend the County, its agents, servants, or employees from and against any and all claims, liability, losses and / or causes of action which may arise from any negligent act or omission of the Vendor(s), its subcontractors, agents, servants or employees during the course of performing services or caused by the goods provided pursuant to these Request for Pre-Qualification documents and / or resultant contract.

l. PUBLIC RECORDS, ACCESS AND AUDITS: The vendor 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 vendor’s services or authorized by the County as a reimbursable expense, whether generated directly by the vendor, 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 vendor, 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 Vendor might consider to be confidential. All submitted information that the responding Vendor believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.)

must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential.

The County shall have the right to request and review vendor’s books and records to verify vendor’s compliance with the Contract, adherence to the Equal Business Opportunity (“EBO”) Program and its quote. The County shall have the right to interview subcontractors, and workers at the work site to determine Contract compliance. The vendor 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. Vendor 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 Vendor: (i) provides a service;

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

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

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

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

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

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

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

IF THE VENDOR HAS

QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119,

FLORIDA STATUTES, TO THE

VENDOR’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING

TO 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.

ORG OR BY TELEPHONE AT 561-

355-6680.

m. INCORPORATION, PRECEDENCE, JURISDICTION, GOVERNING LAW: This Request for Pre-Qualification shall be included and incorporated in the final award. The order of contractual precedence shall be the Request for Pre- Qualification document (original terms and conditions), Request for Pre-Qualification response, the recommended quotation, based on a project by project basis, and the term contract delivery order (DO). Any and all legal action necessary to enforce the award or the resultant contract shall be 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 Vendor 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 the Vendor.

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 Vendor 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 Vendor 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 Request for Pre- Qualification may be terminated at the option of the County.

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

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 Vendor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S.

215.473, or is engaged in business operations in Cuba or Syria.

If the County determines, using credible information available to the public, that a false certification has been submitted by Vendor, the resulting Contract from this Request for Pre-Qualification 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.

3. REQUEST FOR PRE-QUALIFICATION SUBMISSION

a. SUBMISSION OF RESPONSES: All Request for Pre- Qualification responses must be submitted on the provided Request for Pre-Qualification “Response” Form. Request for Pre-Qualification responses on vendor letterhead / quotation forms shall not be accepted. Responses must be typewritten, written in ink or a photocopy and must be signed by an agent of the company having authority to bind the company or firm.

FAILURE TO SIGN THE REQUEST FOR PRE-

QUALIFICATION RESPONSE FORM AT THE INDICATED

PLACES SHALL BE CAUSE FOR REJECTION OF THE

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

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

c. S/M/WBE PROGRAM – EBO REQUIREMENTS

PLEASE NOTE THAT ALL FORMS RELATED TO THE EBO PROGRAM

CAN BE FOUND AT:

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. This Request for Pre-Qualification is subject to the EBO Ordinance to maximize S/M/WBE participation on an as needed project by project basis. NOTE: Individual projects shall not exceed $99,999.

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

Item 3 – Quote Submission Documentation S/M/WBE vendors, responding as prime contractors or consultants, are advised that they must complete Schedule 1 and Schedule 2, listing the work to be performed by their own workforce, as well as the work to be performed by all subcontractor or subconsultant, including S/M/WBE subcontractors and subconsultants. Failure to include this information on Schedule 1 will result in the participation by the S/M/WBE prime vendors own workforce NOT being counted towards meeting the S/M/WBE goal. This requirement applies even if the S/M/WBE vendor intends to perform 100% of the work with their own workforce.

S/M/WBE subcontractor/subconsultant documentation, if applicable, shall be submitted as follows:

Schedule 1 - List of Proposed Subcontractors / Subconsultants 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. The total proposed percentage of S/M/WBE participation shall also be included on this form. 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 - Letter of Intent A completed Schedule 2 is a binding document between the Prime Contractor/consultant and a subcontractor/subconsultant (or any tier) and should be treated as such. The Schedule 2 shall contain bolded language indicating that by signing the Schedule 2, both parties recognize this Schedule as a binding document. Each Schedule 2 shall be properly 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 form. All named subcontractors/subconsultants on this form must also complete and submit a separate Schedule 2. The Prime may count toward its S/M/WBE goal second and third tiered certified S/M/WBE(s); provided that the Prime Contractor/consultant submits a completed Schedule 2 form for each S/M/WBE.

A detailed quote or proposal may be attached with a signed Schedule 2.

Failure to submit a properly executed Schedule 1 and 2 will result in no S/M/WBE consideration given.

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 vendor’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 quote/submission, the Prime must submit a, completed and properly executed Schedule 2 that specifies the revised scope of work to be performed by the subcontractor/subconsultant, along with the price and /or percentage.

Item 4 – S/M/WBE Certification Only those firms certified by Palm Beach County at the time of project opening shall be counted toward the established S/M/WBE project 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 vendor to confirm the certification of any proposed S/M/WBE; therefore, it is recommended that vendors 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

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 http://www.pbcgov.org/oebo

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.

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 – Decertification As part of the consideration for quote award under the EBO Ordinance, any Vendor decertified by Palm Beach County shall be considered non-responsive to the S/M/WBE requirements.

Item 9 – EBO Program Compliance - Penalties Under the EBO Ordinance, the Office of Equal Business Opportunity (“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 vendors 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 vendor in its quote, 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 Vendor as are reasonably necessary to determine compliance with the EBO Ordinance requirements. Vendor shall correct all noncompliance issues within fifteen (15) calendar days of a written notice of noncompliance by the department procuring the goods or services or the OEBO. If the Vendor does not resolve the non-compliance within fifteen (15) calendar 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 vendor or quoter, 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) vendors having a permanent place of business in Palm Beach County or (2) vendors having a permanent place of business in the Glades that are able to provide the goods or services within the Glades.

1. Glades Local Preference: Pursuant to the Palm Beach

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

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

3. To receive a Glades Local Preference or a Local Preference (collectively referred to as “local preference”), a vendor must have a permanent place of business in existence prior to the County’s issuance of this Notice of Solicitation / Request for Pre-Qualification. A permanent place of business means that the vendor’s headquarters is located in Palm Beach County or in the Glades, as applicable; or, the vendor has a permanent office or other site in Palm Beach County or in the Glades, as applicable, where the vendor will produce a substantial portion of the goods or services to be purchased. A valid Business Tax Receipt issued by the Palm Beach County Tax Collector is required, unless the vendor is exempt from the business tax receipt requirement by law, and will be used to verify that the vendor had a permanent place of business prior to the issuance of this Notice of Solicitation / Request for Pre- Qualification. In addition, the attached “Certification of Business Location” and Business Tax Receipt must accompany the response to this Notice of Solicitation / Request for Pre-Qualification by the published submission time. The Palm Beach County Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the vendor to not receive a local preference.

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

NOTE: This includes quotations provided on individual projects.

f. PROJECT PRICING FOR PRE-QUALIFIED RESPONDENTS:

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

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

2. Prices offered from Vendors on an as needed basis must be the price for new merchandise and free from defect.

Unless specifically requested in the specifications, any quotes containing modifying or escalation clauses shall be rejected.

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

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

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

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

g. ACCEPTANCE / REJECTION OF REQUEST FOR PRE-

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

Palm Beach County also reserves the right to (1) waive any non-substantive irregularities and…