27-0010-YE.pdf
PDF 844 KB Posted
- Solicitation number
- RFQ 680 27-0010/YE 1
- Issued by
- Palm Beach County, Florida
About this file
This is a Grounds Maintenance Term Contract document for Water Use District (WUD) easements in Florida. The contract encompasses grounds maintenance services for easement properties maintained by the water utility district. The scope of work includes routine landscaping, vegetation management, mowing, and general grounds upkeep across multiple easement locations. The contract is structured as a term agreement with specified performance requirements and maintenance standards to ensure proper aesthetic and functional conditions of the easement areas. Specific quantities, site locations, and detailed service schedules are outlined within the document to guide contractor performance and billing.
The contract establishes pricing based on a unit-rate or fixed-fee structure for grounds maintenance services, with compensation tied to completed work and area coverage. The agreement likely includes performance standards, insurance requirements, and compliance with district specifications. The document specifies contract duration and any renewal or extension options available to both the district and the contractor. Funding for this contract derives from the water utility district's operational budget, with payments issued upon satisfactory completion of contracted services. Any incumbent contractor information, specific dollar amounts, and detailed billing terms are identified within the document to establish clear financial and performance expectations throughout the contract period.
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Text version
Revised July 22, 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
RFQ #27-0010/YE
GROUNDS MAINTENANCE, WATER UTILITIES EASEMENTS, TERM CONTRACT
FOR MANDATORY SITE INSPECTION INFORMATION, SEE TERM AND CONDITION #18 OF THIS SOLICITATION
RFQ SUBMISSION DATE: October 22, 2026 AT 4:00 P.M.
**** E-MAILED RESPONSES ARE ACCEPTABLE ****
It is the responsibility of the quoter to ensure that all pages are included. Therefore, all quoters 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.
QUOTERS SHALL PROVIDE A RESPONSE 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 REQUEST FOR QUOTATION.
Protests shall be accepted only during the five (5) business day posting period, and only if Federal funds are utilized.
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 QUOTER INTENDS TO USE
SUBCONTRACTORS, QUOTER 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
QUOTER AND ALL OF ITS SUBCONTRACTORS ARE REGISTERED IN VSS.
As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system. It is the vendor’s sole responsibility to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of quotes.
Palm Beach County shall not be responsible for the completeness of any Request for Quotation 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/procurement mailto:purchase@pbc.gov https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService
PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR QUOTATION
RFQ #27-0010/YE
RFQ TITLE: GROUNDS MAINTENANCE, WATER UTILITIES EASEMENTS, TERM
CONTRACT
PROCUREMENT DEPARTMENT CONTACT: YOULANDA ELLIS TELEPHONE NO.: (561)616-6822
E-MAIL ADDRESS: YFEllis@pbc.gov AND PUR-PurchTeam3@pbc.gov
DEADLINE FOR QUESTIONS: October 15, 2026, no later than 4:00 p.m., Palm Beach County local time.
**** E-MAILED RESPONSES TO THE ABOVE EMAIL ADDRESS ARE ACCEPTABLE ****
All quote responses must be received in Palm Beach County Procurement on or before October 22, 2026, no later than 4:00 p.m., Palm Beach County local time. Palm Beach County Procurement Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199. Quotes received after this time shall not be considered.
This Request for Quotation, General Conditions, Instructions to Quoters, 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 quotes for item(s) and/or services as listed herein. The selected awardee(s) is hereby placed on notice that acceptance of its quote by Palm Beach County shall constitute a binding contract.
GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR QUOTERS
GENERAL CONDITIONS
1. GENERAL INFORMATION
Quoters 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 quoter. Changes to this Request for Quotation ("RFQ") may be made only by written amendment issued by the County Procurement Department. Quoters 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 quote 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. Quoter certifies that its quote is made without reliance on any oral representations made by the County.
For purposes of this RFQ, the term “quoter” shall collectively mean vendor, quoter, 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. Quoters 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 quoter shall in no way be a cause for relief from responsibility.
The quoter shall strictly comply with Federal, State and local building and safety codes. Equipment shall meet all State and Federal Safety regulations. Quoter certifies that all products (materials, equipment, processes, or other items supplied in response to this quote) contained in its quote meets all ANSI, NFPA, and all other Federal and State requirements. Quoter further certifies that, if it is the quoter, 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 quoter.
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 (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the quoter and Palm Beach County for any terms and conditions not specifically stated in the Request for Quotation.
b. COMMERCIAL NON-DISCRIMINATION :
Item No. 1: Vendor’s Representations and Agreement.
The Vendor represents and warrants that it will comply with the County’s Commercial Nondiscrimination Policy as described in Resolution R2025-0748, as may amended. As part of such compliance, the Vendor shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the Vendor retaliate against any person mailto:YFEllis@pbc.gov mailto:PUR-PurchTeam3@pbc.gov for reporting instances of such discrimination. The Vendor shall provide equal opportunity for subcontractors, subconsultants vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the County’s relevant marketplace in Palm Beach County. The Vendor understands and agrees that a material violation of this clause shall be considered a material breach of contract and may result in termination of the contract, disqualification or debarment of the Vendor from participating in County contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.
Item No. 2: Vendor’s Agreement to Apply to Subcontracts
The Vendor covenants and agrees to include the commercial non-discrimination clause in all subcontractor agreements.
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 quoter 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 QUOTER RELATIONSHIP: The successful quoter is, and shall be, in the performance of all work, services, and activities under the Contract, an Independent Quoter 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 quoter’s sole direction, supervision, and control.
The quoter shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the quoter’s relationship, and the relationship of its employees, to the County shall be that of an Independent Quoter 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, quoters, and subcontractors of quoters, 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 R2013-1470, 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 quoter is solely responsible for understanding the financial, schedule, and/or staffing implications of this Ordinance. Further, the quoter acknowledges that its quote 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: Quoter 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 quoters over other quoters. 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. CONFLICT OF INTEREST: The quoter 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 quoters 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 quoter’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.
h. SUCCESSORS AND ASSIGNS: The County and the quoter each binds itself and its successors and assigns to the other party in respect to all provisions of the Contract. Neither the County nor the successful quoter shall assign, sublet, convey or transfer its interest in the Contract without the prior written consent of the other.
i. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the quoter 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 quoter, 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, quoter 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 quoter.
j. PUBLIC RECORDS, ACCESS, AUDITS AND RETENTION:
The quoter 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 quoter’s services or authorized by the County as a reimbursable expense, whether generated directly by the quoter, 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 quoter, 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 vendor 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 quoter’s books and records to verify quoter’s compliance with the Contract, adherence to the Small Business Development (“SBD”) Program and its quote. The County shall have the right to interview subcontractors, and workers at the work site to determine Contract compliance. The quoter 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. Quoter 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 quoter: (i) provides a service; and (ii) acts on behalf of the County as provided under Section 119.011(2) Florida Statutes, the quoter shall comply with the requirements of section 119.0701, Florida Statutes, as it may be amended from time to time. The quoter is specifically required to:
1. Keep and maintain public records required by the County to perform services as provided under this 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 Quoter 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 Quoter does not transfer the records to the public agency.
4. Upon completion of the Contract the Quoter shall transfer, at no cost to the County, all public records in possession of the Quoter 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 Quoter transfers all public records to the County upon completion of the Contract, the Quoter shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If the Quoter keeps and maintains public records upon completion of the Contract, the Quoter shall meet all applicable requirements for retaining public records. All records stored electronically by the Quoter 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 Quoter 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. Quoter 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 QUOTER HAS QUESTIONS
REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES,
TO THE QUOTER’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.
k. INCORPORATION, PRECEDENCE, AND JURISDICTION: This
Request for Quotation, and any amendments thereto, shall be included and incorporated in the resulting contract. The resulting contract shall be comprised of the Request for Quotation, the successful quoter'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 Request for Quotation; 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 Request for Quotation; the federal award or funding document for this Request for Quotation; 2 C.F.R. §§ 200.317–200.326, which comprise the “Super Circular” or “Uniform Guidance”; Palm Beach County Code Sections 2-51–2-58; and, the Contract, inclusive of this Request for Quotation (as defined above), the quoter’s quote response, and the County’s award letter.
l. LEGAL EXPENSES: The County shall not be liable to a quoter 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.
m. 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 quoter.
n. 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 quote on a Contract to provide goods or services to a public entity; submit a quote on a contract with a public entity for the construction or repair of a public building or public work; submit quotes 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 quoters 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 quote on a contract with a public entity for the construction or repair of a public building or public work, may not submit quotes on leases of real property to a public entity, may not be awarded or perform work as a quoter, 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:
WHEN CONTRACT VALUE IS LESS THAN $1 MILLION: As provided in section 287.135, Florida Statutes, by entering into a Contract or performing any work in furtherance hereof, the quoter 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), Florida Statutes, if quoter is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, the resulting Contract from this Request for Quotation may be terminated at the option of the County.
If the County determines, using credible information available to the public, that a false certification has been submitted by Quoter, the resulting Contract from this Request For Quotation 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.
o. 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 quoter certifies that it has disclosed any current or prior interest of, any contract mailto:RECORDSREQUEST@PBCGOV.ORG 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. QUOTE SUBMISSION
a. SUBMISSION OF RESPONSES: All quote responses must be submitted on the Quote Response Form provided in this Request for Quotation. Quotes responses on vendor letterhead or quotation forms shall not be accepted. Responses must be typewritten, written in ink or a photocopy and must be signed by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE QUOTE
RESPONSE FORM AT THE INDICATED PLACES SHALL BE CAUSE
FOR REJECTION OF THE QUOTE AS BEING NON-RESPONSIVE.
Quote responses are to be submitted to the designated Contact Person for the Request for Quotation no later than the time indicated in the solicitation preamble.
b. Waiver of Minor Irregularity
An irregularity in a quoter’s submitted RFQ 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 quoter in a position of advantage over other quoters 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 Quoter/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 Request for Quotation, quoter should include with its quote 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 quoter, as shown on the quote response page. If applicable, the quoter 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 quoter 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, quoters or respondents must complete Schedule 1 and Schedule 2 listing the work to be performed by any subcontractor/subconsultant, including SBE subcontractors/subconsultants.
SBE quoters 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.
Item 3 – Contract Award Criteria
For purchases made as result of this solicitation, the County shall make an award to the vendor who is certified as a small business with Palm Beach County (SBE) and which is within ten 10% of the lowest responsive, responsible vendor, provided that the SBE is also deemed responsive and responsible to the terms and conditions of the solicitation.
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 quoter 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) quoters having a permanent place of business in Palm Beach County or (2) quoters having a permanent place of business in the Glades that are able to provide the goods or services within the Glades.
1. Glades Local Preference: Pursuant to the Palm Beach County Local
Preference Ordinance, a 5% Glades Local Preference is given when a Glades business offers to provide the goods or services that will be procured for use in the Glades. If the lowest responsive, responsible quoter is a non-Glades business, all quotes received from responsive, responsible Glades businesses may be decreased by 5%. The original quote amount is not changed. The 5% decrease given for the Glades Local Preference is calculated only for the purpose of determining https://discover.pbcgov.org/HED/osbd/Pages/Documents.aspx ranking and award.
2. Local Preference: Pursuant to the Palm Beach County Local Preference Ordinance, a 5% Local Preference is given to quoters having a permanent place of business in Palm Beach County. If the lowest responsive, responsible quoter is a non-local business;
all quotes received from responsive, responsible local businesses may be decreased by 5%. The original quote amount is not changed. The 5% decrease given for the Local Preference is calculated only for the purpose of determining ranking and award.
3. To receive a Glades Local Preference or a Local Preference
(collectively referred to as “local preference”), a quoter must have a permanent place of business in existence prior to the County’s issuance of this Request for Quotation. A permanent place of business means that the quoter’s headquarters is located in Palm Beach County or in the Glades, as applicable; or, the quoter has a permanent office or other site in Palm Beach County or in the Glades, as applicable, where the quoter will produce a substantial portion of the goods or services to be purchased. A valid Business Tax Receipt issued by the Palm Beach County Tax Collector is required, unless the quoter is exempt from the business tax receipt requirement by law, and will be used to verify that the quoter had a permanent place of business prior to the issuance of this Request for Quotation. In addition, the attached “Certification of Business Location” and Business Tax Receipt must accompany the quote at the time of quote 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 quoter 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 quote response in order to be considered for a tie-breaker whenever two (2) or more quotes that are equal with respect to price, quality, and service are received by Palm Beach County.
g. CONDITIONED OFFERS: Quoters are cautioned that any condition, qualification, provision, or comment in their quote, or in any correspondence transmitted with their quote, 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 quote as non-responsive.
h. PRICING:
1. Prices offered must be the price for new merchandise and free from defect. Unless specifically requested in the quote specifications, any quotes containing modifying or escalation clauses shall be rejected.
2. The price offered must be in accordance with the unit of measure provided on the quote 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 quote.
3. All unit prices quoted should be within two (2) decimal points. If quoter’s pricing exceeds two (2) decimal points, Procurement reserves the right to round up or down accordingly.
4. Quoter warrants by virtue of quoting that prices shall remain firm for a period of ninety (90) days from the date of quote submission to allow for evaluation and award.
5. Quoter warrants by virtue of quoting 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 quoter’s total offer shall be corrected accordingly. QUOTES HAVING
ERASURES OR CORRECTIONS MUST BE INITIALED BY THE
QUOTER PRIOR TO QUOTE SUBMISSION; HOWEVER, IF THE
CORRECTION IS NOT PROPERLY INITIALED, BUT THE INTENT OR
LEGIBILITY OF THE CORRECTION IS CLEAR, THE QUOTE SHALL
NOT BE REJECTED.
7. Quoters may offer a cash discount for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for quote evaluation purposes unless otherwise specified in the special conditions. Quoters should reflect any discounts to be considered in the unit prices quoted.
i. SUBMITTING NO QUOTE OR NO CHARGE: Quoters not wishing to quote on some items sought by this solicitation should mark those items as “no quote”. If some items are offered at no charge, quoters should mark those items as “no charge”. Items left blank shall be considered a “no quote” for that item, and the quote shall be evaluated accordingly.
j. ACCEPTANCE / REJECTION OF QUOTES: Palm Beach County reserves the right to accept or to reject any or all quotes. Palm Beach County also reserves the right to (1) waive any non-substantive irregularities and technicalities; (2) reject the quote of any quoter 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 quoters in order to make a determination as to its ability to perform.
Palm Beach County reserves the right to reject any offer or quote 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 quote line item and significantly greater than fair market price for other quote line items. Fair market price shall be determined based on industry standards, comparable quotes 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 quote 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 quoter 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 quoter 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. Quoter 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. Quoter 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 quoter 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 quoter may extend to the County the lower price offered by the manufacturer on any such promotional item. Additionally, any time after award, the quoter may offer a reduced price, which shall remain in effect for the duration of the contract. The quoter warrants that the price(s) shall not exceed the quoter'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 quoter offers more favorable pricing to one of its customers, the quoter shall extend to the County the same pricing or the then current market price, whichever is lower.
o. QUOTER’S COMMERCIAL NON-DISCRIMINATION CERTIFICATION: In accordance with Palm Beach County Code Section 2-80.24, the undersigned quoter hereby certifies and agrees that the following information is correct: In preparing its response to this solicitation, the quoter 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 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 quote submitted by the quoter for this Solicitation, and to terminate any contract awarded based on the response.
At the time of quote submission, the quoter 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 quoter 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.
Quoter shall indicate its agreement to the foregoing by signing the Response page.
Quoter’s failure to meet these requirements shall render its quote response non-responsive.
4. QUOTE SUBMISSION TIME / AWARD OF QUOTE
a. OBSERVING THE PUBLISHED QUOTE SUBMISSION TIME: The published quote submission time shall be scrupulously observed.
It is the sole responsibility of the quoter to ensure that their quote arrives in the Procurement Department prior to the published quote submission time. Any quote delivered after the precise published time of quote submission shall not be considered. Quoters shall not be allowed to modify their quotes after the published quote 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, only if Federal funds are utilized.. The official posting on the Procurement Department website shall prevail if a discrepancy exists between the referenced listings.
5. CONTRACT ADMINISTRATION
a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries resulting from this quote 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 quoter 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 quoter 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 vendor 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 quoter, upon request. Quoters are not exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor are quoters authorized to use the County’s Tax Exemption Number in securing such materials. Any sales tax paid by quoters to their suppliers for materials to fulfill contractual obligations with the County are not reimbursable by the County to the quoter, excluding times and materials.
c. PAYMENT: In order for Palm Beach County to make payment, the
Vendor’s Legal Name; Vendor’s Address; and Vendor’s TIN/FEIN Number on the quote 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.
Quoters 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 solicitation. Interest penalties will only be paid in accordance with the Florida Prompt Payment Act, section 218.70, Florida Statutes.
Note: Vendors can now be paid by Credit Card via the County’s Voluntary Payment Manager Program. For vendors who do not have a merchant account, one is needed to utilize the Program. For vendors with a merchant account, you will need to enroll with the Palm Beach County Clerk & Comptroller’s office. For information, contact the Palm Beach County Clerk & Comptroller at pbcpaymentmgr@mypalmbeachclerk.com.
d. CHANGES: The Director of Procurement, by written notification to the quoter may make minor changes to the contract terms. Minor changes are defined as modifications which do not significantly alter the scope, nature, or price of the specified goods or services. Typical minor changes include, but are not limited to, place of delivery, method of shipment, minor revisions to customized work specifications, and administration of the contract. The quoter shall not amend any provision of the contract without written notification to the Director of Procurement, and written acceptance from the Director of Procurement or the Board of County Commissioners.
e. DEFAULT AND TERMINATION FOR CAUSE: The County may, by written notice of default to the quoter, terminate the contract in whole or in part if the quoter fails to satisfactorily perform any provisions of this solicitation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, or provides repeated non-performance, or does not remedy such failure within a period of 10 days (or such period as the Director of Procurement may authorize in writing) after receipt of notice from the Director of Procurement specifying such failure. In the event the County terminates the contract in whole or in part because of default of the quoter, the County may procure goods and / or services similar to those terminated, and the quoter shall be liable for any excess costs incurred due to this action.
If it is determined that the quoter was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the quoter), the rights and obligations of the parties shall be those provided in Section 5f, “Termination for Convenience”.
f. TERMINATION FOR CONVENIENCE: The Director of Procurement…
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