Revised April 29, 2026

Board of County Commissioners County Administrator

Sara Baxter, Mayor Joseph Abruzzo Marci Woodward, Vice Mayor Maria G. Marino Gregg K. Weiss Joel G. Flores Maria Sachs Procurement Department Bobby Powell, Jr. www.pbcgov.org/Procurement

BOARD OF COUNTY COMMISSIONERS

NOTICE OF SOLICITATION

IFB #26-063/KM

LIME SLUDGE SERVICES, TERM CONTRACT

FOR MANDATORY SITE INSPECTION INFORMATION, SEE TERM AND CONDITION #18 OF THIS SOLICITATION

IFB SUBMISSION DATE: JULY 17, 2026 AT 4:00 P.M.

It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Procurement Department at purchase@pbc.gov.

BIDDERS SHALL PROVIDE (i) A RESPONSE IN A SEALED PACKAGE OR CONTAINER SIGNED BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM – FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID; (ii) CONCURRENTLY SUBMIT ONE (1) ELECTRONIC COPY IN .pdf (CD OR FLASH DRIVE) OF THE COMPLETE RESPONSE.

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

C A U T I O N

In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Procurement Department’s Vendor Self Service (VSS) system, which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. IF BIDDER INTENDS TO USE SUBCONTRACTORS, BIDDER MUST ALSO ENSURE THAT ALL SUBCONTRACTORS ARE REGISTERED AS VENDORS IN

VSS. ALL SUBCONTRACTOR AGREEMENTS MUST INCLUDE A CONTRACTUAL PROVISION

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

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

SUBCONTRACTORS ARE REGISTERED IN VSS.

As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system. It is the vendor’s sole responsibility to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of bids.

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

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

http://www.pbcgov.org/purchasing mailto:purchase@pbc.gov https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

PALM BEACH COUNTY

BOARD OF COUNTY COMMISSIONERS

INVITATION FOR BID

IFB #26-063/KM IFB TITLE: LIME SLUDGE SERVICES, TERM CONTRACT

PROCUREMENT DEPARTMENT CONTACT: KRISTEN A. MONNETT TELEPHONE NO.: (561) 616-6829

E-MAIL ADDRESS: kmonnett@pbc.gov AND PUR-PurchTeam1@pbc.gov

DEADLINE FOR QUESTIONS: JULY 2, 2026, no later than 4:00 p.m., Palm Beach County local time.

All bid responses must be received on or before JULY 17, 2026, no later than 4:00 p.m., Palm Beach County local time. SUBMIT BID TO: Palm Beach County Procurement Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199. Bid Responses received after this time shall not be considered.

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

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

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

GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS

GENERAL CONDITIONS

1. GENERAL INFORMATION

Bidders are advised that this package constitutes the complete set of specifications, terms, and conditions, which forms the binding contract between Palm Beach County and the successful bidder. Changes to this Invitation for Bid (“IFB”) may be made only by written amendment issued by the County Procurement Department. Bidders are further advised to closely examine every section of this document, to ensure that all sequentially numbered pages are present, and to ensure that it is fully understood.

Questions or requests for explanations or interpretations of this document must be submitted to the Procurement Department contact in writing in sufficient time to permit a written response prior to the published bid submission time. Oral explanations or instructions given by any County agent are not binding and should not be interpreted as altering any provision of this document. Bidder certifies that its bid is made without reliance on any oral representations made by the County.

For purposes of this IFB, the term "bidder" shall collectively mean vendor, bidder, or contractor.

2. LEGAL REQUIREMENTS

a. COMPLIANCE WITH LAWS AND CODES: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Bidders are presumed to be and shall be familiar with all federal, state and local laws, ordinances, codes and regulations that may, in any way, affect the services offered, including, but not limited to, Uniform Guidance (2 C.F.R. pt. 200). Lack of knowledge by the bidder shall in no way be a cause for relief from responsibility.

The bidder shall strictly comply with Federal, State and local building and safety codes. Equipment shall meet all State and Federal Safety regulations. Bidder certifies that all products (materials, equipment, processes, or other items supplied in response to this bid) contained in its bid meets all ANSI, NFPA, and all other Federal and State requirements. Bidder further certifies that, if it is the bidder, and the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product into compliance shall be borne by the bidder.

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

(SDS).

Unless otherwise provided by federal law, the Uniform Commercial Code (Chapter 672, Florida Statutes) shall prevail as the basis for contractual obligations between the bidder and Palm Beach County for any terms and conditions not specifically stated in the Invitation for Bid.

b. COMMERCIAL NON-DISCRIMINATION:

Item 1: Bidder’s Representations and Agreement.

The bidder represents and warrants that it will comply with the County’s Commercial Nondiscrimination Policy as described in Resolution R2025-0748, as may be amended. As part of such compliance, the bidder shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the bidder retaliate against any person for reporting instances of such discrimination. The bidder shall provide equal opportunity for subcontractors, subconsultants vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the County’s relevant marketplace in Palm Beach County. The bidder understands and agrees that a material violation of this clause shall be considered a material breach of contract and may result in termination of the contract, disqualification or debarment of the bidder from participating in County contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

Item 2: Bidder’s Agreement to Apply to Subcontracts

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

mailto:email@pbc.gov mailto:PUR-PurchTeam1@pbc.gov

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 R2025-0748, as may be amended, the bidder warrants and represents that throughout the term of the contract, including any renewals thereof, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, or genetic information. Failure to meet this requirement shall be considered a default of contract.

d. INDEPENDENT BIDDER RELATIONSHIP: The bidder is, and shall be, in the performance of all work, services, and activities under the Contract, an Independent Bidder and not an employee, agent, or servant of the County. All persons engaged in any of the work or services performed pursuant to the Contract shall at all times, and in all places, be subject to the bidder’s sole direction, supervision, and control. The bidder shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the bidder’s relationship, and the relationship of its employees, to the County shall be that of an Independent Bidder and not as employees or agents of the County.

e. CRIMINAL HISTORY RECORDS CHECK: Pursuant to the Palm Beach County Criminal History Records Check Ordinance (“Ordinance”), sections 2-371−2-377 of the Palm Beach County Code, 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, bidders, and subcontractors of bidders, 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-2013-1470, R2015-0572, and R2024-0549, as may be amended. In October 2013, compliance requirements of the U.S. Federal Bureau of Investigations CJI Security Policy were added to the Ordinance, which includes a broad list of disqualifying offenses. The bidder is solely responsible for understanding the financial, schedule, and/or staffing implications of this Ordinance. Further, the bidder acknowledges that its bid price includes any and all direct or indirect costs associated with compliance with this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the County.

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

No premiums, rebates or gratuities are permitted; either with, prior to or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, and/or debarment or suspension from doing business with Palm Beach County.

g. LOBBYING:

CONE OF SILENCE: Bidders are advised that the “Palm Beach County Lobbyist Registration Ordinance” prohibits a bidder or anyone representing the bidder from communicating with any County Commissioner, County Commissioner’s staff, or any employee authorized to act on behalf of the Commission to award a particular contract regarding its bid, i.e., a “Cone of Silence”. The “Cone of Silence” is in effect from the date/time of the deadline for submission of the bid, and terminates at the time that the Board of County Commissioners or a County Department authorized to act on their behalf, awards or approves a contract, rejects all bids, or otherwise takes action that ends the solicitation process. Bidders may, however, contact any County Commissioner, County Commissioner’s staff, or any employee authorized to act on behalf of the Commission to award a particular contract, via written communication, i.e., facsimile, e-mail or

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

h. CONFLICT OF INTEREST: The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in a 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, sections 2-441−2-448 of the Palm Beach County Code. All bidders shall disclose the name of any County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the bidder’s firm or any of its branches. The County's Code of Ethics, which applies to all County officials and employees, shall serve as the County’s conflict of interest policy for federal awards.

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

j. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the bidder shall indemnify, save harmless and defend the County, its agents, servants, or employees from and against any and all claims, liability, losses and/or causes of action which may arise from any negligent act or omission of the bidder, its subcontractors, agents, servants or employees during the course of performing services or providing goods pursuant to this solicitation and/or the resultant contract. Further, bidder shall hold County harmless and indemnify County for any funds that the County is obligated to refund the Federal Government arising out of the conduct, activities or administration of the contract by the bidder.

k. PUBLIC RECORDS, ACCESS, AUDITS AND RETENTION:

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

Any material submitted in response to this solicitation is considered a public document in accordance with section 119.07, Florida Statutes, All submitted information that the responding bidder believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in sections 119.07 and 812.081, Florida Statutes) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential.

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

Notwithstanding anything contained herein, as provided under section 119.0701, Florida Statutes, if the bidder: (i) provides a service; and (ii) acts on behalf of the County as provided under Section 119.011(2) Florida Statutes, the bidder shall comply with the requirements of section 119.0701, Florida Statutes, as it may be amended from time to time. The bidder is specifically required to:

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

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

3. Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract, if the bidder does not transfer the records to the public agency.

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

Failure of the bidder to comply with the requirements of this article shall be a material breach of the Contract. County shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. Bidder acknowledges that it has familiarized itself with the requirements of Chapter 119, Florida Statutes, and other requirements of state law applicable to public records not specifically set forth herein.

IF THE BIDDER HAS QUESTIONS

REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES,

TO THE BIDDER’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING TO

THIS 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.

l. INCORPORATION, PRECEDENCE, JURISDICTION: This Invitation for Bid, and any amendments thereto, shall be included and incorporated in the resulting contract. The resulting contract shall be comprised of the Invitation for Bid, the successful bidder's response, and the award letter. Any and all legal action necessary to enforce the award or resulting contract shall be governed by the laws of the State of Florida.

Any legal action necessary to enforce the award or the resulting contract shall be in a court of competent jurisdiction located in Palm Beach County.

The order of legal precedence is as follows: Laws passed by Congress, which are codified in provisions of the United States Code (U.S.C.)

applicable to the funding source for this Invitation for Bid; Rules or regulations adopted by a federal agency, which are codified in the Code of Federal Regulations (C.F.R.) and applicable to the funding source for this Invitation for Bid; the federal award or funding document for this

Invitation for Bid; 2 C.F.R. §§ 200.317–200.326, which comprise the “SuperCircular” or “Uniform Guidance”; Palm Beach County Code Sections 2-51–2-58; and, the Contract, inclusive of this Invitation for Bid (as defined above), the bidder’s bid response, and the County’s award letter.

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

n. 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 bidder.

o. DISCRIMINATORY VENDOR LIST, PUBLIC ENTITY CRIMES, AND

SCRUTINIZED COMPANIES:

1) DISCRIMINATORY VENDOR LIST: An entity or affiliate who has been placed on the discriminatory vendor list may not: submit a bid on a Contract to provide goods or services to a public entity; submit a bid on a contract with a public entity for the construction or repair of a public building or public work; submit bids on leases of Real Property to a public entity; award or perform work as a vendor, supplier, subcontractor, or consultant under contract with any public entity; nor transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915.

2) PUBLIC ENTITY CRIMES: Section 287.133, Florida Statutes requires Palm Beach County to notify all bidders of the following:

“A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a bidder, 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 section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.”

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

SCRUTINIZED COMPANIES (WHEN CONTRACT VALUE IS

GREATER THAN $1 MILLION): As provided in section 287.135, Florida Statutes, as may be amended, by entering into a Contract or performing any work in furtherance hereof, the bidder certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Terrorism Sectors List created pursuant to section 215.473, Florida Statutes, as may be amended, or is engaged in business operations in Cuba or Syria. Pursuant to section 287.135(3)(a), Florida Statutes, as my be amended, if Bidder is found to have been placed on the Scrutinized Companies with Activities in Sudan List, or been engaged in business operations in Cuba or Syria, or has been placed on a list created pursuant to section 215.473, Florida Statutes, relating to scrutinized active business operations in Iran, this Contract may be terminated at the option of the County.

mailto:RECORDSREQUEST@PBCGOV.ORG

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

p. DISCLOSURE OF FOREIGN GIFTS AND CONTRACTS WITH

FOREIGN COUNTRIES OF CONCERN

Pursuant to F.S. 286.101, as may be amended, by entering into a Contract or performing any work in furtherance hereof, the bidder certifies that it has disclosed any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern where such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five (5) years.

3. BID SUBMISSION

a. SUBMISSION OF RESPONSES: All bid responses must be submitted on the Bid Response Form provided in this Invitation for Bid. Bid responses on bidder letterhead or bid forms shall not be accepted. Responses must be typewritten, written in ink or a photocopy and must be signed by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE BID

RESPONSE FORM AT THE INDICATED PLACES SHALL BE CAUSE

FOR REJECTION OF THE BID AS BEING NON-RESPONSIVE. Bid responses are to be submitted to the designated Contact Person for the Invitation for Bid no later than the time indicated on the solicitation preamble, and must be submitted in a sealed envelope or container bearing the bid number for proper handling.

b. Waiver of Minor Irregularity

An irregularity in a bidder’s submitted bid documents is deemed minor for purposes of correction when: (1) its waiver would not deprive the County of its assurance that the contract will be entered into, performed and guaranteed according to its specified requirements, and (2) the irregularity is of such a nature that its waiver would not adversely affect competitive bidding by placing a bidder in a position of advantage over other bidders or by otherwise undermining the necessary common standard of competition. Pricing errors are never considered a minor irregularity.

In situations where a bid or proposal has incomplete, missing or unsigned required documents, which are deemed a minor irregularity, the Director of Procurement may allow the Bidder/Proposer up to five business days to correct said minor irregularity, per Section 2-54 (C)(6)(a)(2), Palm Beach County Code. The decision whether to waive a minor irregularity is within the sole discretion of the Director of Procurement.

c. CERTIFICATIONS, LICENSES AND PERMITS: Unless otherwise directed in the Special Conditions of this Invitation for Bid, bidder should include with its bid a copy of all applicable Certificates of Competency or Licenses issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the bidder, as shown on the bid response page. If applicable, the bidder shall also maintain a current Local Business Tax Receipt (Occupational License) for Palm Beach County and all permits required to complete the contractual service at no additional cost to Palm Beach County. It is the responsibility of the successful bidder to ensure that all required certifications, licenses and permits are maintained and are current throughout the term of the contract, inclusive of any renewals. Failure to meet this requirement shall be considered a default of the contract.

d. SMALL BUSINESS ENTERPRISE (SBE) - SBD REQUIREMENTS

NOTE: The following provisions apply to the sections of the non-federally funded portions of this solicitation. All Small Business Development (SBD) Program forms, including waiver and good faith effort forms and documentation are available on the Office of Small Business Development (OSBD) website:

https://discover.pbcgov.org/HED/osbd/Pages/Documents.aspx.

Item 1 – Policy The BCC adopted the Small Business Development Ordinance (SBD

Ordinance), codified in Sections 2-80.20 through 2-80.28 (as may be amended) of the Palm Beach County Code, which sets forth the

County’s requirements for the SBD Program, and which is incorporated in this solicitation. The provisions of the SBD Ordinance are applicable to this solicitation and has precedence over the provisions of this solicitation in the event of a conflict.

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

SBE bidders or respondents submitting as prime contractors or consultants (Primes) are advised that they must complete Schedule 1 and Schedule 2, listing the work to be performed by their own workforce.

Schedules 1 and 2 must be submitted with the bid or proposal prior to the published bid or proposal due date and time.

Schedule 1 – List of Proposed Contractor/Consultant and Subcontractor/Subconsultant Participation A completed Schedule 1 must be submitted by the Prime and list the names of all subcontractors/subconsultants intended to be used in performance of the contract, if awarded, including the total proposed percentage of SBE participation. This schedule must also be used if an SBE Prime is performing all or any portion of the contract with their own workforce.

When a minimum mandatory API goal is applied, an improperly executed Schedule 1 will not count toward the established goal and may result in a determination of non-responsiveness to the solicitation.

Schedule 2 – Letter of Intent A completed and executed Schedule 2 is a binding document between the Prime and subcontractor/subconsultant (any tier) and should be treated as such. Each Schedule 2 must be executed by the Prime and by all proposed subcontractor/subconsultant. If the Prime is an SBE, a Schedule 2 must be submitted to document work to be performed by its own workforce. All SBE(s) must specify, in detail, the type of work they will perform along with the dollar amount they will be compensated and/or percentage of work they will perform. If any subcontractor/subconsultant intends to subcontract any portion of their work, they are required to list the dollar amount and the name of the subcontractor/subconsultant on this Schedule. All named subcontractors/subconsultants on this Schedule must also complete and submit a separate Schedule 2. The Prime may count toward its SBE goal 2nd and 3rd tiered certified SBE(s) provided that the Prime submits a completed and executed Schedule 2 for each SBE.

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

In the event of a conflict between Schedules 1 and 2 when calculating SBE participation, the information provided on Schedule 2 takes precedence.

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

e. LOCAL PREFERENCE ORDINANCE: NOTE: The following provisions apply to the sections of the non-federally funded portion of this solicitation. In accordance with the Palm Beach County Local Preference Ordinance, a preference may be given to (1) bidders having a permanent place of business in Palm Beach County or (2) bidders having a permanent place of business in the Glades that are able to provide the goods or services within the Glades.

https://discover.pbcgov.org/HED/osbd/Pages/Documents.aspx

1. Glades Local Preference: Pursuant to the Palm Beach County

Local Preference Ordinance, a 5% Glades Local Preference is given when a Glades business offers to provide the goods or services that will be procured for use in the Glades. If the lowest responsive, responsible bidder is a non-Glades business, all bids received from responsive, responsible Glades businesses will be decreased by 5%. The original bid amount is not changed. The 5% decrease given for the Glades Local Preference is calculated only for the purpose of determining local preference.

2. Local Preference: Pursuant to the Palm Beach County Local Preference Ordinance, a 5% Local Preference is given to bidders having a permanent place of business in Palm Beach County. If the lowest responsive, responsible bidder is a non-local business;

all bids received from responsive, responsible local businesses will be decreased by 5%. The original bid amount is not changed. The 5% decrease given for the Local Preference is calculated only for the purpose of determining local preference.

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

or, the bidder has a permanent office or other site in Palm Beach County or in the Glades, as applicable, where the bidder will produce a substantial portion of the goods or services to be purchased.

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

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

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

h. PRICING:

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

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

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

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

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

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

HAVING ERASURES OR CORRECTIONS MUST BE INITIALED

BY THE BIDDER PRIOR TO BID SUBMISSION; HOWEVER, IF

THE CORRECTION IS NOT PROPERLY INITIALED, BUT THE

INTENT OR LEGIBILITY OF THE CORRECTION IS CLEAR, THE

BID SHALL NOT BE REJECTED.

7. Bidders may offer a cash discount for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes unless otherwise specified in the special conditions. Bidders should reflect any discounts to be considered in the unit prices bid.

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

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

Palm Beach County reserves the right to reject any offer or bid if the prices for any line items or subline items are materially unbalanced. An offer is materially unbalanced if it is mathematically unbalanced, and if there is reason to believe that the offer would not result in the lowest overall cost to the County, even though it is the lowest evaluated offer.

An offer is mathematically unbalanced if it is based on prices which are significantly less than fair market price for some bid line item and significantly greater than fair market price for other bid line items. Fair market price shall be determined based on industry standards, comparable bids or offers, existing contracts, or other means of establishing a range of current prices for which the line items may be obtained in the market place. The determination of whether a particular offer or bid is materially unbalanced shall be made in writing by the Procurement Director, citing the basis for the determination.

k. NON-EXCLUSIVE: The County reserves the right to acquire some or all of these goods and services through a State of Florida contract under the provisions of section 287.042, Florida Statutes, provided the State of Florida contract offers a lower price for the same goods and services.

This reservation applies both to the initial award of this solicitation and to acquisition after a term contract may be awarded. Additionally, Palm Beach County reserves the right to award other contracts for goods and services falling within the scope of this solicitation and resultant contract when the specifications differ from this solicitation or resultant contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant contract.

l. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Palm

Beach County encourages and agrees to the successful bidder extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities pursuant to the requirements of the federal awarding agency.

m. PERFORMANCE DURING EMERGENCY: The successful bidder agrees and promises that, immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, Palm Beach County shall be given “first priority” for all goods and/or services under the contract. Bidder agrees to provide all goods and/or services to Palm Beach County immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, at the terms, conditions, and prices as provided in this solicitation on a “first priority” basis. Bidder shall furnish a 24-hour phone number to the County.

Failure to provide the goods and/or services to the County on a first priority basis immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, shall constitute breach of contract and subject the bidder to sanctions from doing further business with the County.

n. SALES PROMOTIONS / PRICE REDUCTIONS / MOST FAVORED

CUSTOMER: Should sales promotions occur during the term of the contract that lower the price of the procured item, the bidder may extend to the County the lower price offered by the manufacturer on any such promotional item. Additionally, any time after award, the bidder may offer a reduced price, which shall remain in effect for the duration of the contract. The bidder warrants that the price(s) shall not exceed the bidder's price(s) extended to its most favored customer for the same or similar goods or services in similar quantities, or the current market price, whichever is lower. In the event the bidder offers more favorable pricing to one of its customers, the bidder shall extend to the County the same pricing or the then current market price, whichever is lower.

o. BIDDER’S COMMERCIAL NON-DISCRIMINATION CERTIFICATION:

In accordance with Palm Beach County Code Section 2-80.24, the undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its response to this solicitation, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in the County’s Commercial Nondiscrimination Policy as set forth in Resolution R2025-0748 as may be amended, to wit:

discrimination in the solicitation, selection or commercial treatment of any Subcontractor, vendor, supplier or commercial customer on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or genetic information, or on the basis of any otherwise unlawful use of characteristics regarding the vendor's, supplier's or commercial customer's employees or owners; provided that nothing in this policy shall be construed to prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that have occurred or are occurring in the County’s relevant marketplace of Palm Beach County. Without limiting the foregoing, "discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination."

Without limiting any other provision of the solicitation, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the County to reject the bid submitted by the bidder for this Solicitation, and to terminate any contract awarded based on the response.

At the time of bid submission, the bidder shall provide to the County a list of all instances within the immediate past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Florida that the bidder discriminated against its subcontractors, vendors, suppliers or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken.

Bidder shall indicate its agreement to the foregoing by signing the Response page.

Bidder’s failure to meet these requirements shall render its bid response non-responsive.

4. BID SUBMISSION TIME / AWARD OF BID

a. OBSERVING THE PUBLISHED BID SUBMISSION TIME: The published bid submission time shall be scrupulously observed. It is the sole responsibility of the bidder to ensure that their bid arrives in the Procurement Department prior to the published bid submission time. Any bid delivered after the precise published time of bid submission shall not be considered. Bidders shall not be allowed to modify their bids after the published bid submission time.

b. POSTING OF AWARD RECOMMENDATION: Recommended awards shall be publicly posted for review at the Procurement Department and on the Procurement Department website at www.pbcgov.org/Procurement prior to final approval, and shall remain posted for a period of five (5) business days. The official posting on the Procurement Department website shall prevail if a discrepancy exists between the referenced listings.

c. PROTEST PROCEDURE: Protest procedures are provided in the Palm Beach County Procurement Code. Protests shall be submitted in writing, with the appropriate protest bond, addressed to the Director of Procurement, via hand delivery, or mail, to the Procurement Department, 50 S Military Trail, Suite 110, West Palm Beach, FL 33415.

The protest must identify the solicitation, specify the basis for the protest, and be received by the Procurement Department within five (5) business days of the posting date of the recommended award. The protest is considered filed when it is received by the Procurement Department.

Failure to file a protest as outlined in the Palm Beach County Procurement Code shall constitute a waiver of the protest under the referenced County Code.

5. CONTRACT ADMINISTRATION

a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries resulting from this IFB are to be made during the normal working hours of the County. Time is of the essence and delivery dates must be met. Should the bidder fail to deliver on or before the stated dates, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere. The bidder shall be responsible for making any and all claims against carriers for missing or damaged items.

Delivered items shall not be considered “accepted” until an authorized agent for Palm Beach County has, by inspection or test of such items, determined that they appear to fully comply with specifications. The County may return, at the expense of the bidder and for full refund or credit at the discretion of the County, any item(s) received which fail to meet the County’s specifications or performance standards.

b. FEDERAL AND STATE TAXES: Palm Beach County is exempt from Federal and State taxes. The authorized agent for Procurement shall provide an exemption certificate to the bidder, upon request. Bidders are not exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor are bidders authorized to use the County’s Tax Exemption Number in securing such materials. Any sales tax paid by bidders to their suppliers for materials to fulfill contractual obligations with the County are not reimbursable by the County to the bidder, unless time and material.

c. PAYMENT: In order for Palm Beach County to make payment, the bidder’s Legal Name; bidder’s Address; and bidder’s TIN/FEIN Number on the bid response must be exactly the same as it appears on the invoice and in Palm Beach County’s VSS system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService.

Bidders shall send ALL ORIGINAL invoices to the following address and shall send copies of invoices, no later than the 15th of the following month, to the Palm Beach County Department requesting the goods/services. Invoices submitted on carbon paper shall not be accepted. Should this contract have approved subcontractor(s), the vendor shall reimburse the subcontractor(s) within ten (10) business days of receipt of payment from the County.

PALM BEACH COUNTY

FINANCE DEPT.

P.O. BOX 4036

WEST PALM BEACH, FL 33402-4036

Payment shall be made by the County after the goods and/or services have been received, accepted and properly invoiced as indicated in the contract or order. Invoices must bear the order number. The Florida Prompt Payment Act is applicable to this IFB. Interest penalties will only be paid in accordance with the Florida Prompt Payment Act, section 218.70, Florida Statutes.

Note: Bidders can now be paid by Credit Card via the County’s Voluntary Payment Manager Program.