23-1. IFB-26-00263 Terms and Conditions.pdf

Invitation for Bid Public Defender First Floor Security Lobby

IFB No.26-00263

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IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: IFB-26-00263

SOLICITATION TITLE: Public Defender First Floor Security Lobby

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed bids from a qualified Contractor to provide construction of approximately 2,910 square feet of interior space in the First Floor Security Lobby. This includes expansion of lobby area, new storefront at elevator lobby, new offices, security room, and expansion of existing offices and related demolition at the Southeast area of the first floor 700 E. Twiggs Street, Tampa, Florida 33602.

DUE DATE & TIME: July 21, 2026, 2:00 P.M. Eastern Time (our clock)

PRIMARY CONTACT: Ashley Ruggiero, Senior Buyer

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

TIMELINESS: To preserve the integrity of the competitive sealed bid process, bids submitted after the due date and time listed above, unless otherwise amended, cannot and will not be accepted. Please do not wait until the last minute, hour, or day to submit your bid, as you may encounter technical difficulties or issues that cannot be resolved before the due date and time.

When preparing to submit your bid, please read and follow all instructions regarding formatting and other details related to the form(s) to be used.

Again, please do not wait until it’s too late for assistance. We value and need your participation, so the last thing we want is for you to miss this opportunity.

QUESTIONS: ● Questions regarding technical difficulties or errors encountered while submitting proposals through Euna Procurement must be directed to

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Euna Procurement Support at 1-844-226-3862 or support.bonfire@eunasolutions.com.

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

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

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

SBE GOAL: This procurement requires the successful bidder to meet a subcontracting Small Business Enterprise (SBE) Participation Goal of 10% and is subject to the policies and procedures governing the County’s Small Business Encouragement Program. Please see Special Terms and Conditions for complete details and requirements.

CONE OF SILENCE: A Cone of Silence is in effect for this procurement; therefore, no bidder, interested party and/or their principals, officers, employees, attorneys, or agents shall communicate with County employees, the Hearing Master assigned to hear the applicable protest appeal and/or members of the Board of County Commissioners, including their aides and employees regarding this procurement and/or a related protest, except as otherwise provided in the Hillsborough County Procurement Protest Policy and Procedures Ordinance. The Cone of Silence does not prohibit a bidder from communicating with the Director of Procurement, staff in the Procurement Services Department, or the County’s attorney assigned to this procurement. Violating the Cone of Silence may disqualify the bidder from consideration for award. Please refer to the Instructions for complete details about the Cone of Silence.

PRE-BID CONFERENCE: A Prebid conference will be held at 9:00AM on June 25, 2026, and accessed via Microsoft Teams link: https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/meeting-notices. All interested parties are strongly encouraged to attend.

SITE VISIT: A non-mandatory site visit will be held at 1:00 pm on June 25, 2026, at 700 East Twiggs Street, 1st Floor Lobby, Tampa, FL 33602

INSURANCE: Insurance coverage is required for this procurement. Please see IFB-26-00263 Insurance Requirements Attachment E and Special Terms and Conditions.

SURETY (BONDS): Bid, performance, and/or payment surety is required for this procurement.

mailto:support.bonfire@eunasolutions.com mailto:iSupplier@HCFL.gov https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_a?nodeId=HICOCOORLA_CH2AD_ARTVIPR_DIV3HICOPRPRPOPR_S2-562TI https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_a?nodeId=HICOCOORLA_CH2AD_ARTVIPR_DIV3HICOPRPRPOPR_S2-562TI https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/meeting-notices https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/meeting-notices

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Please see Special Terms and Conditions for complete details and requirements. A corporate resolution shall be submitted with the offer. The corporate resolution will be used to confirm signature authorizations on submitted documentation.

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

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1. SPECIFICATIONS

1.1. Scope

The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed bids from experienced and qualified contractors to renovate the interior of the southeast area of the first floor of the Public Defenders, 13th Judicial Circuit’s Building, at 700 E. Twiggs Street, Tampa, FL 33602. Generally, the work includes but is not limited to:

construction to renovate approximately 2,910 square feet of existing interior space, expansion of lobby area, new storefront at elevator lobby, new and expanded offices, security room, selective demolition, HVAC, Electrical, Plumbing, Sprinkler and Fire Systems. The work includes the furnishing of all labor, materials, equipment, permitting services, field engineering, project administration and supervision activities for the renovations as described on the construction plans and specifications for complete assembly.

1.2. Minimum Qualifications

1.2.1 At the time of Close Date, the prospective bidder must have the following qualifications: The Contractor must have an active General Contractor or Building Contractor license and shall be properly licensed to perform business and construction in Hillsborough County and in the State of Florida.

1.2.2 The Contractor shall demonstrate successfully completed projects (as prime) that are similar to or greater than the scope of this contract and under its current firm and its current license. Individual experience, subcontractor experience and personnel experience cannot be used to fulfill the Contractor’s experience requirements.

1.2.3 All employees of the Contractor working onsite are required to complete a security clearance criminal background check, and all costs associated herein shall be borne by the Contractor.

1.3. Testing

1.3.1 Please reference Attachment A- Special Conditions for testing requirements.

2. SPECIAL TERMS AND CONDITIONS

2.1 Allowance

An Allowance in the amount of $5,000.00 for permits and $70,000.00 for Allowance Authorization shall be added to the total Bid amount.

2.2 Alteration of Plans or of Character of Work

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2.2.1 The Professional reserves the right to make, at any time prior to or during the progress of the Work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction whether a substantial change or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Professional. Such increases, or decreases or alterations shall not constitute a breach of Contract, shall not invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The Contractor agrees to perform the Work, as altered, the same as if it had been a part of the original Contract.

2.2.2 The term "significant change" applies only when:

2.2.2.1 The Professional determines that the character of the Work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or

2.2.2.2 A major item of Work, defined as having an original Contract value in excess of five percent (5%) of the original Contract amount or is increased or decreased in excess of twenty-five percent (25%) of the original Contract quantity. The County will apply any price adjustment for an increase in quantity only to that portion in excess of twenty-five (25%) of the original Contract item quantity.

2.3 Basis for Award (Overall Low)

2.3.1 Award will be made to the lowest, responsive, and responsible Bidder meeting Specifications. Award will be made to a single Bidder for all line items. If a Bidder fails to submit an Offer on all line items, then that Bidder is not eligible for award.

2.3.2 The County shall utilize the following procedures and criteria in determining the award for this Solicitation Document:

2.3.2.1 This Solicitation Document includes options/alternates that may, or may not, be selected by the County at the time of award. Bidders are required to submit Offers on all options/alternates. Bidders who fail to provide a price on each option/alternate may be deemed non-responsive and their Offer rejected.

2.3.2.2 The County reserves the right to select any, all, or none of the options/alternates listed in the Bidder’s Offer. The determination will be based on the pricing of the options/alternates, the County’s needs, and/or available funding.

2.4 Bonds

2.4.1 Earnest Money Deposit/Bid Bonds and Other Bid Securities

2.4.1.1 An Earnest Money Deposit/Bid Bond or other security is required with this Bid. Either a certified check, a cashier's check, treasurer’s check, or a bank draft drawn on any national or state licensed financial institution or, in the alternative, an

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Earnest Money Deposit completed and signed by all required parties and submitted in the format detailed in the attachment, shall be required to accompany each Bid Proposal in a stated dollar amount which equals not less than five percent (5%) of the sum of the computed total amount of the Bidder’s Bid Proposal.

2.4.1.2 If the Bid will be awarded at a stated dollar amount, the Earnest Money Deposit or other security must be in an amount of five percent (5%) of the stated award amount, regardless of the Bid prices received.

2.4.1.3 Any submitted certified check, cashier’s check, treasurer’s check, or bank draft shall be drawn on a solvent bank or trust company authorized to do business in Florida, payable to the order of Hillsborough County Board of County Commissioners, and shall have all necessary documentary revenue stamps attached, if required by law.

2.4.1.4 Sureties on Earnest Money Deposits shall be companies authorized to do business in the State of Florida and satisfactory evidence of the authority of the person or persons executing such Bid Bonds shall be submitted with the Bid Bond.

2.4.1.5 Bid Bonds must be submitted on the form provided (see attachment).

2.4.1.6 Personal checks, business checks, and cash deposits are not acceptable to Hillsborough County and will render your Bid nonresponsive.

2.4.2 Performance and Payment Bonds

2.4.2.1 The successful Bidder shall execute a Performance Bond as shown within the attachment, or furnish acceptable alternative forms of security, in a sum equal to one hundred percent (100%) of the total awarded Contract amount by a Surety company considered satisfactory by the County and otherwise authorized to transact business in the State of Florida. The Performance Bond shall be required from the successful Bidder to ensure the faithful performance of the obligations imposed by the Contract.

2.4.2.2 The successful Bidder shall execute a Payment Bond as shown within the attachments, or furnish acceptable alternative forms of security, in a sum equal to one hundred percent (100%) of the total awarded Contract by a Surety company considered satisfactory by the County and otherwise authorized to transact business in the State of Florida. The Payment Bond shall be provided by the successful Bidder for purposes of protecting the County from lawsuits for non-payment of debt that might arise in connection with the successful Bidder's performance under the Contract.

2.4.2.3 The Performance Bond and Payment Bond forms will be included in the Contract Documents and must be properly executed by the Surety and the successful

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Bidder. Attorneys-in-fact who sign Bonds or other surety instruments must attach with each Bond or surety instrument a certified and effectively dated copy of their power of attorney and hold an active insurance license in the State of Florida.

Certified copies of the recorded Bonds shall be submitted to the County within ten

(10) Business Days after the County posts the Notice of Intent to Recommend Award in the County Electronic Bidding System.

2.4.2.4 In lieu of the Performance and Payment Bonds required by this section, the successful Bidder may file with the County an alternative form of security which shall be in the form of Cash, money order, certified check, cashier's check, irrevocable letter of credit, or alternative securities of the type listed in Part II of Chapter 625, Florida Statutes. Such alternative forms of security shall be for the same purpose and shall be subject to the same conditions as those applicable to the Performance and Payment Bonds. The determination of the value or acceptability of such alternative forms of security shall be made by the County.

2.4.3 Security Forfeiture

If within ten (10) Business Days after the issuance of the Notice of Intent to Recommend Award is posted in the County Electronic Bidding System, the successful Bidder refuses, or otherwise neglects to execute and deliver the required Agreement, or fails to furnish the required Performance and Payment Bonds, or acceptable alternative forms of security as stipulated herein, or any required Certificates of Insurance, the amount of the Bid security provided by said Bidder, whether cash, check, Bid Bond, or some other form acceptable to the County, or any combination of these, may be forfeited, and the Bidder may be excluded from further consideration for award of the Bid. The Director of Procurement shall have sole discretion to make the determination in the best interest of the County to rescind the Notice of Intent to Recommend Award and to reject the Bidder’s Bid. No plea of mistake in the Bid or misunderstanding of the conditions of forfeiture shall be available to the Bidder for the recovery of its Bid security, or as a defense to any action based upon the neglect or refusal to execute the required Agreement, and/or to furnish the required Bonds and/or applicable Certificates of Insurance as required by the Contract Documents.

2.5 Pre-Bid/Proposal/Quote Conference and Site Visit

A Site Visit concerning this present Solicitation Document will be conducted by Hillsborough County at:

Hillsborough County Public Defenders Office

1st Floor Lobby

700 East Twiggs Street., IFB-26-00263 Page 8

Tampa, Florida 33602

TIME: 1:00 p.m., DATE: June 25, 2026

PHONE NUMBER: (813) 272-5790

All interested parties are encouraged to attend.

2.6 Insurance, Contractor

See IFB-26-00263 Insurance Requirements Attachment E for more specific details regarding the type of coverage and amounts required.

2.6.1 No work for the County shall commence or occupancy of any of its property take place until the required Certificates of Insurance and copies of the policies, if requested, are received by the County and written Notice to Proceed is issued to the Contractor by the County.

2.6.2 The insurance coverages and limits required of the Contractor under the Contract Documents are designed to meet the minimum requirements of the County. They are not designed as a recommended insurance program for the Contractor. Contractor shall be responsible for the sufficiency of its own insurance program. Should the Contractor have any questions concerning its exposure to loss under the Contract Documents or the insurance coverages needed therefore, it should seek professional assistance.

2.6.3 If the insurance coverage initially provided by the Contractor is to expire prior to completion of the Work, renewal Certificates of Insurance shall be furnished to the County the ten (10) Days prior to expiration of current coverages.

2.6.4 Should the Contractor fail to maintain the insurance coverages required by the Contract Documents, the County may, at its option, either terminate this Agreement for default or procure and pay for such coverage, charge the Contractor for and deduct the costs of the same from payments due the Contractor. A decision by the County to procure and pay for such insurance coverage shall not operate as a waiver of any of its rights under the Contract Documents.

2.6.5 Failure of the Contractor to submit the required Certificates of Insurance within the times required by this Section may result in a delay in issuing the Notice to Proceed. The parties specifically agree that such a delay is neither excusable nor compensable and will not entitle the Contractor to a change in the Contract Price or Time.

2.7 Liquidated Damages

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2.7.1 When Contractor is in default for nonperformance within the stipulated Contract Time including any intermediate Milestone dates, Project Manager shall notify Contractor in writing within thirty (30) Days after the Contract Completion Date or intermediate Milestone Date, and deduct the liquidated damages in the amount stated in the Contract Documents from any monies due the Contractor. The deduction of liquidated damages shall be in addition to any retainage withheld. Additional liquidated damages may be indicated in the Specifications.

2.7.2 Liquidated damages for each Day that each milestone date is not met are as follows:

2.7.2.1 Milestone: Substantial Completion

2.7.2.1.1 210 Days from Notice to Proceed date.

2.7.2.1.2 Amount of Liquidated Damages: $895.00 per Day

2.7.2.2 Milestone: Final Completion

2.7.2.2.1 240 Days from Notice to Proceed date.

2.7.2.2.2 Amount of Liquidated Damages: $475.00 per Day

2.7.3 Liquidated damages shall be assessed on each milestone separately until that milestone is completed, up to a maximum amount of $1,370.00 per day.

2.8 Retainage

2.8.1 All progress payments shall be subject to a five percent (5%) retainage throughout the duration of the Contract. The County shall make payment to the Contractor within the time limits set forth in the "Approval of Payments" Clause, unless the County has grounds for withholding the payment of retainage. The County does not have to pay or release any amounts that are the subject of a good faith dispute or the subject of a claim brought pursuant to Section 255.05 Florida Statutes. Retainage may be withheld for deficiencies including, but not limited to, schedule slippage, delinquent submittals, Subcontractor non-payment (regardless of fault) or defective work as provided under the Contract. Remaining retainage shall be released as provided under Florida Statutes Section 218.735 (a) and Section 5.12.6 of this Contract. The Director, at his discretion, has the authority to reduce or release retainage held by the County.

2.8.2 When the County makes any payment of retainage to the Contractor which is attributable to the labor, services or materials supplied by one or more Subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those Subcontractors and suppliers.

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2.8.3 If the Contractor elects to withhold retainage from its Subcontractors at a rate higher than five percent (5%), then the Contractor may not request the release of such retainage funds from the County.

2.9 Utilization of SBEs (Non-Term Contracts)

2.9.1 General Information – This Section outlines the requirements/specifications for small business enterprise participation in any resulting contracts resulting from this solicitation pursuant to the County’s Small Business Encouragement Program (Hillsborough County Resolution No. R25-071). Small Business Enterprise (SBE) shall mean a business that is registered as a bona fide small business enterprise with the County or that has been granted reciprocal registration as a small business enterprise by the County.

It is the policy of the County’s Board of County Commissioners (BOCC) to encourage the participation of all responsible businesses in County contracting and procurement activities. The objective of the County’s Small Business Encouragement Program is to provide opportunities for the participation of SBEs in County procurement and contracting activities and to encourage the participation of all responsible and eligible SBEs in these activities. In this regard, the Successful Bidder to whom any award of this solicitation is made shall take all necessary and reasonable steps to ensure that SBEs have the maximum opportunity to participate in this contract and shall be contractually obligated to meet the SBE participation goal established for this contract/project.

The County has established an overall annual goal of twenty percent (20%) for the participation of SBEs in all construction contracts valued at Two Hundred Thousand Dollars ($200,000) or more.

Failure of a Bidder to comply with the pre-award requirements set forth in this Section may result in the County’s rejection of the Bid. Failure of the Successful Bidder/Contractor to perform/comply with the applicable contractual requirements regarding the County’s Small Business Encouragement Program may constitute a material breach of the Contract and may result in termination of the Contract by the County.

2.9.2 SBE Participation Goal – The County’s Small Business Encouragement Program participation goal is detailed below:

2.9.2.1.1 Project Goal. In connection with this solicitation and its resulting Contract, a goal of 10% has been established for participation by SBEs as Subcontractors. The established goal shall be applied to the full monetary value of the Contract (excluding the value of possible alternates) and shall be reflected in the monetary portion spent on subcontracts for consulting and/or construction services to be awarded to those SBEs meeting Contract Specifications.

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2.9.2.1.2 Eligible SBE Businesses. All firms identified in Bidder’s Bid must either be registered with the County as a SBE or be eligible for provisional reciprocal registration with the County by the Close Date of this solicitation in order for such SBE to be counted toward the SBE participation goal. Businesses that have graduated from Hillsborough County’s Small Business Encouragement Program and those that have been denied registration by the County shall not be counted toward goal attainment and/or goal attainment through reciprocal registration or joint venture. For a current listing of Hillsborough County-Registered Small Business Encouragement Program firms, please visit the Small Business Encouragement Program’s online Directory at:

https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program . This website also includes a link to a list of firms that have graduated from or been denied registration in the County’s Small Business Encouragement Program.

2.9.2.1.3 SBE Suppliers. With respect to the participation of SBE suppliers, credit toward the goal will be calculated as follows: Fifty percent (50%) of the total value of supplies furnished by a registered SBE will be credited toward the goals established for the project/Contract provided that the supplier is not a manufacturer. If the SBE supplier also manufactures the product, then full credit (100%) will be given.

2.9.2.1.4 2nd and 3rd Tier Participation for Project over $20 Million.

Bidders will be allowed to utilize second tier SBE participation (i.e., SBE subcontractor of 1st tier subcontractor) and third (3rd) tier SBE participation (i.e., SBE subcontractor of 2nd tier subcontractor) for goal attainment in projects/contracts valued at over Twenty Million Dollars ($20,000,000).

2.9.2.1.5 Obligation to Meet SBE Project Goal – The Successful Bidder who is awarded a contract resulting from this solicitation shall be contractually obligated to meet the overall SBE participation goal established for this entire Contract/project.

2.9.2.1.6 Contracts of $200,000 or More with no Goal. For Contracts for which no project goal was established (as evidenced by "N/A" appearing in the first blank in the above clause) because the project/Contract was estimated by the County at a price of less than Two Hundred Thousand Dollars ($200,000) but for which the Bid(s) received equal or exceed $200,000, the County's annual goal of twenty percent (20%) shall apply.

2.9.2.1.7 Contracts Less than $200,000 with a Goal. For Contracts for which a project goal is established but for which the Bid(s) received are https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program

IFB-26-00263 Page 12 less than Two Hundred Thousand Dollars ($200,000), the established goal shall not apply.

2.9.2.1.8 SBE-1 Form. Bidders must use the Subcontractors/Material Suppliers List-Construction Contracts (SBE-1 Form) included in this solicitation, if applicable, to document Bidders’ attainment of the SBE participation goal. The identification of all SBE businesses to be utilized on the project must be shown on this form. This form is the basis for determining whether the Bidder has met the SBE participation goal for this Contract/project.

2.9.2.1.9 Assistance to SBE Firms. Bidders shall undertake to provide information and assistance to SBEs for the purpose of facilitating proposals by said SBEs to provide Subcontractor services to the Bidders.

These efforts shall include Bidders making the necessary and reasonable steps in selecting economically feasible portions of the work to be broken down to facilitate SBE participation. The County’s Small Business Enterprises Division may refer the Bidder to the appropriate County agency/department for technical assistance in identifying portions of the work that can be broken down for SBE participation.

2.9.2.1.10 SBE Bidding as a Prime Contractor. Any SBE firm who submits a Bid as a prime Contractor on a construction project shall be subject to the same SBE Subcontractor participation goals as a non-SBE Bidder. This means that the SBE prime Contractor cannot use its own resources to meet the Contract/project’s SBE Subcontractor participation goal.

2.9.3 Registration/Reciprocity/Joint Venture

2.9.3.1 Registration – Registration as a SBE must be obtained by a Subcontractor bythe Close Date of this solicitation in order for such SBE to be counted toward the SBE participation goal. Businesses that have graduated from Hillsborough County’s Small Business Encouragement Program and those that have been denied registration by the County shall not be counted toward goal attainment and/or goal attainment through reciprocal registration or joint venture. The County’s SBE Directory and a list of those firms that have graduated from the County’s Small Business Encouragement Program, as well as those firms who have been awarded the one-time reciprocal registration and firms that have been denied registration with the County’s Small Business Encouragement Program can be found on the County website at: https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program

2.9.3.2 Reciprocity - Provisional reciprocity shall be granted to SBE firms that have been principally domiciled (headquartered) within one (1) of the following Florida counties for a period of at least six (6) months: Hillsborough, Pinellas, Pasco or

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Hernando, and registered by a local city, county, or state jurisdiction located within one (1) of these counties. In order to be considered for provisional registration and be counted toward goal attainment, a letter of registration from the registering jurisdiction or copy of documentation evidencing registration by the registering jurisdiction must be submitted by the apparent low Bidder within five (5) Business Days of notification by the County of apparent low Bidder status.. A reciprocal registration shall become effective on the date of Contract award and is only valid for one (1) six (6) month period from that date. All firms granted reciprocal registration who wish to continue to participate in the County’s Small Business Encouragement Program after the expiration of its reciprocal registration will be required to complete an application for registration to the County’s Program prior to the expiration of the six-month reciprocal registration period. The County’s SBE Directory and a list of those firms that have been previously awarded the one-time reciprocal registration and firms that have been denied registration with the County’s Small Business Encouragement Program can be found on the County website at: https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program .

2.9.3.3 Joint Venture – A joint venture consisting of a SBE and a non-SBE functioning as a subcontractor and a second-tier subcontractor will be credited with SBE participation based on the SBE venturer’s percentage of participation in the work, risk and profits of the joint venture. Joint ventures shall be qualified in accordance with the rules of the Construction Industry Licensing Board as required by Section 489.119, Florida Statutes. A joint venture with SBE component(s) must be approved by the County’s Small Business Enterprises Division in order for the SBE component’s involvement to be credited toward fulfilling the County’s SBE participation goal. The SBE component of the joint venture must be a County-registered SBE (i.e., registered as a SBE in the County’s Small Business Encouragement Program).

2.9.3.3.1 A Joint Venture Bidder must submit the following documents to the County’s Small Business Enterprises Division no later than ten (10) Business Days prior to the Close Date of this solicitation for the purpose of review and approval of the joint venture by the County’s Small Business Enterprises Division:

2.9.3.3.1.1 A fully-executed Joint Venture Disclosure Affidavit which must state that the Joint Venture complies with Chapter 489, Florida Statutes;

2.9.3.3.1.2 Proof of County SBE registration for each SBE

component of the joint venture;

2.9.3.3.1.3 Business resume for each party/member of the joint venture; and

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2.9.3.3.1.4 A copy of the joint venture agreement which must

reflect the scope of the SBE venturer’s managerial and financial responsibilities.

2.9.3.3.1.5 A joint venture Bidder must submit the following

documents with its Bid in order to have the SBE component of the joint venture counted toward the SBE participation goal:

2.9.3.3.1.5.1 A copy of the County-approved Joint

Venture Disclosure Affidavit; and

2.9.3.3.1.5.2 The Bid submitted by the joint venture

must be signed by all parties to the joint venture.

2.9.4 SBE Documents Due Prior to Bid Submission

The following documents must be completed and submitted by the Bidder prior to the Bidder’s submission of its Bid to the County:

2.9.4.1 Joint Venture Documents (only applicable if the Bidder/prime Contractor is a joint venture) - the Joint Venture Disclosure Affidavit along with the other documents specifically listed above must be submitted to the County no later than ten (10) Business Days prior to the Close Date of this solicitation for the purpose of review and approval of the joint venture by the County’s Small Business Enterprises Division.

2.9.5 SBE Documents Due at Time of Bid Submission

The following SBE documents must be completed by the Bidder and submitted with its Bid on or before the Close Date of this solicitation:

2.9.5.1 The Subcontractors/Material Suppliers List – Construction Contracts (SBE-1 Form) see SBE-1 Form included with this solicitation. The Subcontractors/Material Suppliers List – Construction Contracts (SBE-1 Form) must include the Subcontractor's/material supplier’s name, scope or type of work to be performed, dollar amount, and whether the Subcontractor/material supplier is a registered SBE.

The identification of all SBEs to be utilized on the project must be shown on this form. This form is the basis for determining whether the Bidder has met the SBE participation goal for this Contract/project.

2.9.5.2 County-Approved Joint Venture Disclosure Affidavit (only applicable if the Bidder/prime Contractor is a joint venture). Please Note: the Bid submitted by the joint venture must be signed by all parties to the joint venture.

2.9.5.3 Executed subcontract agreements OR Letters of Intent (signed by both parties) for all SBE Subcontractors listed on the Bidder’s Subcontractor/Material

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Suppliers List (SBE-1 Form) in monetary amounts that must meet the SBE participation goal. Failure to submit executed Subcontractor agreements OR Letters of Intent that are consistent with the Bidder’s Subcontractor/Material Suppliers List shall result in the omitted/affected subcontracts not being credited toward goal attainment and may result in a finding of non-responsiveness to the County’s Small Business Encouragement Program requirements which may result in the rejection of your Bid/offer.

Subcontract agreements/Letters of Intent must be submitted to the County’s Procurement Services Department at the time of Bid Submission

2.9.5.3.1 Subcontract Agreements. If the Bidder is submitting subcontract agreements, then all subcontract agreements executed between the Bidder and the SBE Subcontractor should include, but is not limited to, the following: identification of the project/Contract by County bid number, contract date, the name of the contracting parties, the price or monetary amount of the contract, the work or materials to be provided, the payment provisions, the responsibilities of the parties, and any applicable conditions precedent or subsequent to the contract. Please Note:

subcontract prices/monetary amounts are not required in Bids for Work/Term Contracts.

2.9.5.3.2 Letters of Intent – see form Letter of Intent included with this solicitation. If the Bidder is submitting Letters of Intent, then the form Letter of Intent included with this solicitation must be used to ensure that all the required information is provided. Failure to use the County’s form Letter of Intent may result in the rejection of your Bid/offer. A separate Letter of Intent must be used for each SBE subcontractor and must be completed in its entirety and signed by the legally authorized representatives of the Contractor AND the SBE subcontractor.

2.9.5.3.3 Subcontract Agreements and/or Letters of Intent for Additional SBEs not listed on SBE-1 Form. If the Bidder submits additional SBE subcontract agreements/Letters of Intent that are over and above what is listed on the Bidder’s Subcontractor/Material Suppliers List-Construction Contracts (SBE-1 Form), then these additional SBE firms and/or monetary amounts will be credited toward Bidder’s SBE participation goal attainment. However, Please Note: that the Bidder must first be deemed to be responsive to the goal through the SBE-1 Form in order to receive this additional credit toward SBE participation goal attainment.

Registration of submitted SBE firms must be verified in order for this additional credit to be received.

2.9.5.3.4 References to Other Documents. Bidders who submit

subcontract agreements/Letters of Intent which attempt to include by

IFB-26-00263 Page 16 reference other document(s) which are not part of the official County bid package must attach a copy of all such referenced documents to be included with the subcontract at the time the executed SBE subcontract agreements/Letters of Intent are submitted to the County.

2.9.5.4 Proof of SBE registration from the registering jurisdiction(s) for each named SBE firm that is not a Hillsborough County-registered SBE. If a named SBE firm is seeking reciprocal registration with the County, then a letter from the registering jurisdiction or a copy of the registration document evidencing registration by the registering jurisdiction must be provided.

2.9.5.5 Extension of Time to Provide Required Documents. The County reserves the right to request and allow the apparent low bidder an extension of the five (5) Business Day time period to provide the required documentation but such extension shall be solely at the County’s discretion.

2.9.6 Guidance/Assistance by the County

Bidders should contact the County’s Small Business Enterprises Division immediately for guidance and assistance in the event that:

2.9.6.1 The Bidder anticipates or has difficulty in identifying and/or obtaining SBEs for subcontract participation;

2.9.6.2 The Bidder is unable to identify portions of the work that can be broken down for SBE subcontract participation; or

2.9.6.3 The Bidder determines that breaking down the work is not possible or feasible.

The County’s Small Business Enterprises Division will work with and assist the Bidder to meet its SBE participation goal; however, it shall ultimately be the Bidder’s responsibility to comply with the participation goal.

2.9.7 Bidder Responsiveness/Goal Attainment

In order to be deemed responsive to the County’s SBE participation goal, Bidders must document goal attainment using the Subcontractor/Material Suppliers List – Construction Contracts (SBE-1 Form) in their Bid. The County’s Small Business Enterprises Division shall be responsible for making the determination regarding the responsiveness of Bidders to the SBE participation goal. If the Bidder has achieved the SBE participation goal in its Bid, then a recommendation of Bidder “responsiveness” shall be made. If the Bidder has not achieved the SBE participation goal in its Bid, then a recommendation of Bidder “non-responsiveness” shall be made. In the event the responsiveness determination is not in favor of a Bidder, then the Bidder will be notified in writing by Procurement Services. Any objection to a non-responsive determination shall be deemed a protest, and the Bidder will be required to file said protest in strict accordance with Hillsborough County’s

IFB-26-00263 Page 17

Procurement Protest Policy and Procedures Ordinance (Hillsborough County Ordinance No. 23-15) – Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3.

2.9.8 Additional Credit Toward Goal Attainment Before Contract Award

If, prior to the County’s award of the Contract, the Bidder submits additional SBE executed Subcontract agreements and/or Letters of Intent that are over and above what is listed on the Bidder’s Subcontractor/Material Suppliers List – Construction Contracts (SBE-1 Form), then these additional firms and/or monetary amounts will be credited toward Bidder’s SBE participation goal attainment. However, Please Note that the Bidder must first be deemed to be responsive to the goal through the SBE-1 Form in order to receive this additional credit toward goal attainment. Registration of these additional SBE firms must be verified in order for this additional credit to be received.

2.9.9 Additional Credit Toward Goal Attainment After Contract Award

If, after the Contract has been awarded by the County, the Successful Bidder/Contractor during the course of the Contract wishes to utilize additional registered SBE subcontractors for the project, then this shall be allowed with the approval of the County’s Small Business Enterprises Division and will be counted towards the Successful Bidder’s/Contractor’s overall SBE participation goal attainment for the project/Contract. Registration of these additional SBE firms must be verified in order for this additional credit to be received.

2.9.10 Notice to Proceed

For Contracts/projects with SBE goals, the County will issue the Notice to Proceed only after the Successful Bidder’s/Contractor’s compliance with the stated goal is documented in accordance with the County’s SBE Policy/Procedures and confirmation of such compliance is received from the County’s Small Business Enterprises Division.

2.9.11 Documents Due to County upon Completion of Project/Contract

2.9.11.1 Statement of Satisfaction or Final Lien Release Waiver. Upon completion of the Project/Contract, the Contractor shall submit to County’s Small Business Enterprises Division documentation of all payments made and/or all outstanding payments due to the SBE firms which are confirmed on the Subcontractor’s Statement of Satisfaction or Final Lien Release Waiver for the Project/Contract. If there are outstanding payments due to a SBE subcontractor, then the Contractor and the SBE subcontractor must agree on the balance due amount and how this amount due will be paid or resolved, before the County will issue final payment for the Project/Contract. A Consent of Surety Bond will not be accepted in lieu of the Subcontractor’s Statement of Satisfaction or Final Lien Waiver.

IFB-26-00263 Page 18

2.9.11.2 Failure to Meet SBE Goal. If the Contractor has not met its SBE participation goal, the Contractor must provide documentation outlining the reasons and/or circumstances that impacted its ability to meet the SBE participation goal. If the determination is made that all SBE subcontractors have not been paid for all acceptable work and materials and the Contractor is not in compliance with the County’s Small Business Encouragement Program requirements, then the County’s Small Business Enterprises Division may recommend that the final payment not be made.

2.9.12 Vendor Compliance System (B2GNOW)

2.9.12.1 For Contracts/projects with SBE goals, the Contractor is required to utilize the County's Vendor Compliance System on a monthly basis to confirm payments received from the County and to list any payments made by the Contractor to SBE Subcontractors in that monthly period. Contractor is required to report monthly payments to all SBE Subcontractors whether or not payment has been made to the Contractor by the County. If no payment has been made by the County, then Contractor must report a zero (0) dollar amount in the Vendor Compliance System.

2.9.12.2 The County’s Vendor Compliance System can be accessed at the following link:

https://hcfl.gov/sbe

2.9.12.3 Contractors will receive email and/or facsimile notifications alerting them when there is a need to respond.

2.9.12.4 To ensure that Contractor maintains compliance with the County’s contract compliance program, the Contractor is required to update its contact information in the Vendor Compliance System, which is hosted by third party vendor - B2GNow.

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

2.9.12.5.1 Contract Compliance Reporting – Vendor Training, classes are given on a weekly basis.

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

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

2.9.13 Contract Compliance Requirements

https://hcfl.gov/sbe

IFB-26-00263 Page 19

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

2.9.13.2 Substitution of SBE Subcontractor - If the Contractor or SBE subcontractor is unable to perform pursuant to a subcontract utilized by the County in a determination of the Contractor’s responsiveness to the Small Business Encouragement Program, the Contractor shall substitute the affected SBE subcontractor with another registered SBE subcontractor. The Contractor shall not substitute with a non-SBE subcontractor or complete the work using its own resources without the prior written approval of the County. Approval shall be provided only upon a showing by the Contractor that it is not reasonable or possible to obtain the services of another registered SBE business to complete the relevant portions of the Contract.

2.9.13.3 Failure to meet SBE Goal – If the Contractor has not met its SBE participation goal, then the Contractor must provide documentation to the County’s Small Business Enterprises Division outlining the reasons and/or circumstances that impacted the Contractor’s ability to meet the participation goal.

2.9.13.4 Compliance Monitoring by the County - The County may utilize the following tools to determine if the Contractor and/or subcontractors are complying with their SBE utilization requirements and/or other requirements of the County’s Small Business Encouragement Program:

2.9.13.5 Information generated by the County’s Vendor Compliance System (B2GNOW) based on the required monthly payment/utilization reporting requirements of the County’s Small Business Encouragement Program.

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

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

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

2.9.13.9 The Small Business Enterprises Division may review subcontract agreements, purchase orders and other related and relevant documents for the purpose of verifying

IFB-26-00263 Page 20 that subcontractors are performing and receiving payment for the work specified therein.

2.9.13.10 Notification of Non-Compliance –

2.9.13.10.1 The County shall issue a non-compliance and/or “failure to meet goal” notification to the Contractor if the County determines that the Contractor is not in compliance with its SBE utilization requirements and/or the Small Business Encouragement Program requirements (“Non-Compliance Notice”).

2.9.13.10.2 The Non-Compliance Notice shall specify the following:

(A) Identify the compliance deficiencies;

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

1.

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

and

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

OR

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

2.9.13.10.3 The Small Business Enterprises Division shall have the right to approve the Contractor’s written commitment and/or request modifications/adjustments to the Contractor’s written commitment.

2.9.13.10.4 Any commitments made by the Contractor to remedy its compliance deficiencies will not preclude future determinations of non-compliance based on the County’s finding that the Contractor commitments were not faithfully performed.

2.9.13.11 Non-Compliance – If the County issues a Non-Compliance Notice to the Contractor and the Contractor subsequently fails to address and/or remedy the compliance deficiencies as specified in the Non-Compliance Notice, then this failure by the Contractor (i) may be deemed by the County to be a material breach of the Contract, IFB-26-00263 Page 21 and (ii) shall entitle the County to exercise any or all of the remedies set forth in the Subsection below titled “Non-Performance of Contractor and Remedies of the County”.

2.9.14 Non-Performance of Contractor and Remedies of County

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

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

2.9.14.3 Failure to perform under the terms of the Contract with regard to the…