9-RFP-26-00141 PY 26 HOME HOME-ARP Projects and CHDO Certification.pdf

Request for Proposals Program Year (PY) 2026 HOME/HOME-ARP Projects and CHDO Certification

RFP-26-00141

RFP-26-00141 Page 1

IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING PROPOSAL

SOLICITATION TYPE: Competitive Sealed Proposals

SOLICITATION NUMBER: RFP-26-00141

SOLICITATION TITLE: Program Year (PY) 2026 HOME/HOME-ARP Projects and CHDO Certification

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed proposals from experienced and qualified entities with a proven and documented track record of acquiring property to rehabilitate/convert to rental units or rehabilitating rental housing and homebuyer properties, constructing/reconstructing rental or homebuyer properties, and/or providing homeownership financial assistance for Program Year (PY) 2026.

DUE DATE & TIME: February 25, 2026, 2:00 PM Eastern Time (our clock)

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

TIMELINESS: To preserve the integrity of the competitive sealed proposal process, proposals submitted after the due date and time listed above, unless otherwise amended, cannot and will not be accepted. Please do not wait until the last minute, hour, or day to submit your proposal, as you may encounter technical difficulties or issues that cannot be resolved before the due date and time. When preparing to submit your proposal, please read and follow all instructions regarding formatting and other details related to the form(s) to be used. Again, please do not wait until it’s too late for assistance. We value and need your participation, so the last thing we want is for you to miss this opportunity.

QUESTIONS: ● Questions regarding technical difficulties or errors encountered while submitting proposals through Euna Procurement must be directed to Euna Procurement Support at 1-844-226-3862 or support.bonfire @eunasolutions.com.

mailto:support.bonfire@eunasolutions.com mailto:support.bonfire@eunasolutions.com

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

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

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

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

INSURANCE: Insurance coverage is required for this procurement. Please see RFP-26-00141 Insurance Requirements Attachment and Special Terms and Conditions.

SURETY (BONDS): Proposal, performance, and/or payment surety is not required for this procurement.

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

mailto:iSupplier@HCFL.gov https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_a?nodeId=HICOCOORLA_CH2AD_ARTVIPR_DIV3HICOPRPRPOPR_S2-562TI https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_a?nodeId=HICOCOORLA_CH2AD_ARTVIPR_DIV3HICOPRPRPOPR_S2-562TI

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1. SPECIFICATIONS

1.1. Scope

1.1.1 The Hillsborough County Affordable Housing Services Department (AHS) announces the availability of funds for HOME Investment Partnerships Program (HOME), and HOME American Rescue Plan Program (HOME-ARP) eligible projects, and the opening of the optional Community Housing Development Organization (CHDO) certification process for Program Year 2026 which will begin October 1, 2026, and end September 30, 2027.

1.1.2 AHS is seeking the following:

1.1.2.1 Competitive sealed proposals from experienced and qualified public or private nonprofit entities with a proven and documented track record of acquiring or rehabilitating rental housing and homebuyer properties, constructing rental or homebuyer properties, or providing homeownership financial assistance under the HOME Investment Partnerships Program (HOME).

1.1.2.2 Competitive sealed proposals from experienced and qualified non-profit or for-profit entities to acquire property to convert to rental units, construct/reconstruct rental units, rehabilitate housing units or rehabilitate/conversion of property to rental units under the HOME American Rescue Plan Program (HOME-ARP).

1.1.2.3 Eligible proposers may apply for CHDO certification in conjunction with a HOME or HOME-ARP Project Proposal.

1.2. Minimum Qualifications

1.2.1 The Proposer or principal thereof shall demonstrate recent experience in providing substantially similar services.

1.3. Minimum Requirements

1.3.1 Proposals must meet the requirements of the HOME and/or HOME-ARP Programs and CHDO requirements.

1.3.2 Proposals shall comply with the requirements set forth in the “PY2026 Home/Home-ARP/CHDO Instructions”, which can be found in the Euna Supporting Documentation section.

1.3.3 The Proposer shall complete and submit the attached document titled PY2026 HOME, HOME-ARP, and CHDO Universal Application and the required attachments. The Application and the Attachments must be uploaded as separate files in Euna Procurement.

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2. SPECIAL TERMS AND CONDITIONS

2.1 Evaluation/Selection Process

2.1.1 The County will review and evaluate all Proposals submitted in response to this Solicitation Document. The evaluation process is designed to award the Contract to the Proposer with the best combination of attributes as demonstrated in the Proposal scores.

Scores are based on the evaluation of the information contained in Proposer's Proposal which include, but is not limited to, Proposer's responses to the questions set forth in the Requirements Section of this Solicitation Document and any corresponding attachments including a brief description of methodology, qualifications, experience, and the cost of the Services/Work.

2.1.2 Evaluation Procedures

The evaluators will consider how well the Proposer's Proposal meets the needs of the County as described in the Proposer's response to each question in this Solicitation Document. It is important that the responses be clear and complete so that the evaluators can adequately understand all aspects of the response. Please follow all instructions carefully. The Proposal should be submitted according to the instructions/outline specified in this Solicitation Document. A Proposal that fails to follow these instructions may be considered unacceptable and may be eliminated from further consideration.

2.1.2.1 Based on information acquired through the Proposer's responses and the responses of references (if applicable), the County will award a preliminary score to each Proposal.

2.1.2.2 Based on the preliminary scores, the County may request that the top scoring Proposers conduct an oral presentation and/or submit a Best and Final Offer that may include revisions to Technical Approach, Integration, and/or Cost.

Be advised that the evaluators may revise the preliminary scores based on the oral presentations (if applicable), reference inquiries, other information obtained through the County's investigations of past performance and/or submissions of Best and Final Offers (if applicable).

2.1.3 Scoring/Weighting of Questions

The scoring/weighting of Proposals will be accomplished utilizing the evaluation criteria identified in the following table:

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Award Criteria Point Value Organizational Information, Capacity and Experience 15 Performance of Past Subrecipients or Experience of New Proposers 15 Project Timeline 10 Ability to Proceed / Shovel Ready Project 5 Construction Features- Green Energy Design 5 Market Study 10 Leveraging 20 Financial Capacity 20

Total Points 100

BONUS POINTS:

Project located within one (1) mile of mass transit service 5 Project located in a Neighborhood Revitalization Strategy Area

(NRSA)

Total Possible Points 110

2.2 Insurance, Contractor

See RFP-26-00141 Insurance Requirements Attachment

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

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

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

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

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

2.3 Optional Provision for Other Agencies

Unless otherwise stipulated by the Bidder/Proposer in its Offer, the Bidder/Proposer agrees to make available to all government agencies, departments, and municipalities the Offer prices submitted in accordance with the terms and conditions of this Solicitation Document, should any governmental entity desire to buy under the Contract resulting from this Solicitation Document.

2.4 Purchase Order/Contract

By submitting an Offer, the Bidder/Proposer declares that it understands and agrees that Bidder’s/Proposer’s Offer in addition to the Specifications, the Instructions, the General Terms and Conditions, the Special Terms and Conditions, the Insurance and Bond requirements, any Amendment(s) issued and all applicable attachments to this Solicitation Document shall become a valid contract between the County and the Contractor upon approval of the contract award by the Board of County Commissioners (if applicable), upon approval of the contract award by the County Administrator (if applicable), or upon the County’s issuance of a Contract Purchase Agreement, Blanket Purchase Agreement, or Purchase Order, whichever occurs sooner.

2.5 Estimated Quantities

Quantities given represent the best estimate for use and shall be the basis for award. However, these quantities are not intended to represent actual requirements, which are not known at this time and may vary during the Contract Period. The County does not guarantee a minimum total purchase. Furthermore, the requirements of the County may exceed best estimates and the Successful Bidder/Proposer shall provide such requirements to the extent they are reasonable.

2.6 Termination for Convenience

In the event the County elects to terminate the Contract, the County shall provide the Contractor with notice of termination in writing by electronic and/or certified mail. The County shall pay the Contractor for any accepted goods, Services and/or Work provided by the Contractor to the County prior to the Contractor’s receipt of said termination notice.

2.7 Contract Provisions for Contracts Funded In-Whole or In-Part by Federal Funds where the Contractor is a Non-Federal Entity

2.7.1 Access to Records and Work Site(s)

2.7.1.1 The Contractor agrees to provide the County, the person and/or entity that is the beneficiary of the commodities, Services or Work that is the subject of this Solicitation Document, the County Administrator, the Comptroller General of

RFP-26-00141 Page 7 the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions.

2.7.1.2 The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

2.7.1.3 The Contractor agrees to provide the County Administrator or his/her authorized representatives access to construction or other work sites pertaining to the Work being completed under the Contract.

2.7.2 Byrd Anti-Lobbying Amendment, 31 U.S.C. ss 1352 (as amended)

2.7.2.1 This subsection shall only be applicable to contract awards of One Hundred Thousand Dollars ($100,000) or more.

2.7.2.2 For the purpose of this subsection, “U.S.C.” shall mean the Code of Laws of the United States of America/United States Code.

2.7.2.3 Contractors who apply or bid for an award of One Hundred Thousand Dollars ($100,000) or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. ss 1352.

Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

2.7.3 Clean Air Act and the Federal Water Pollution Control Act

2.7.3.1 This subsection shall only be applicable to Contract awards in excess of One Hundred and Fifty Thousand Dollars ($150,000).

2.7.3.2 For the purpose of this subsection, "U.S.C." shall mean the Code of Laws of the United States of America/the United States Code.

2.7.3.3 For the purpose of this subsection, "FEMA" shall mean the Federal Emergency Management Agency.

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2.7.3.4 Clean Air Act

2.7.3.4.1 The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. Section 7401 et seq.

2.7.3.4.2 The Contractor agrees to report each violation to Hillsborough County and understands and agrees that Hillsborough County will, in turn, report each violation as required to assure notification to the County, and the appropriate Environmental Protection Agency Regional Office.

2.7.3.4.3 The Contractor agrees to include these requirements in each subcontract exceeding one hundred and fifty thousand ($150,000) dollars financed in whole or in part with Federal assistance.

2.7.3.5 Federal Water Pollution Control Act

2.7.3.5.1 The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

2.7.3.5.2 The Contractor agrees to report each violation to Hillsborough County and understands and agrees that Hillsborough County will, in turn, report each violation as required to assure notification to the County, and the appropriate Environmental Protection Agency Regional Office.

2.7.3.5.3 The Contractor agrees to include these requirements in each subcontract exceeding one hundred and fifty thousand ($150,000) dollars financed in whole or in part with Federal assistance.

2.7.4 Compliance with Federal Law, Regulations, and Executive Orders

2.7.4.1 This subsection shall only be applicable if the Contract is funded in whole or in part by FEMA.

2.7.4.2 Contractor acknowledges and understands that FEMA financial assistance will be used to fund the Contract. Accordingly, the Contractor agrees that it shall comply with all applicable federal laws, regulations, executive orders, and FEMA policies, procedures and directives in its performance under the Contract.

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2.7.5 Contract Work Hours and Safety Standards Act

2.7.5.1 This subsection shall only be applicable to contract awards in excess of One Hundred Thousand Dollars ($100,000) that involve the employment of mechanics and/or laborers.

2.7.5.2 Overtime Requirements. No Contractor or Subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such Work to work in excess of forty

(40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than (1 ½) one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek.

2.7.5.3 Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in the “Overtime Requirements” paragraph of this subsection, the Contractor and any Subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and Subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in the “Overtime Requirements” paragraph of this subsection, in the sum of ten ($10) dollars for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in the “Overtime Requirements” paragraph of this subsection.

2.7.5.4 Withholding for Unpaid Wages and Liquidated Damages. The Federal agency providing funding for the commodities, Services and/or Work that is the subject of this Solicitation Document and/or the County shall, upon its own action, or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from monies payable on account of Work performed by the Contractor or Subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to the necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in the “Violation; Liability for Unpaid Wages; Liquidated Damages” paragraph of this subsection.

2.7.5.5 Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in the “Overtime Requirements,” “Violation;

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Liability for Unpaid Wages; Liquidated Damages,” “Withholding for Unpaid Wages and Liquidated Damages,” through “Subcontracts” paragraphs of this subsection and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in the “Overtime Requirements,” “Violation; Liability for Unpaid Wages;

Liquidated Damages,” “Withholding for Unpaid Wages and Liquidated Damages,” through “Subcontracts” paragraphs of this subsection.

2.7.6 Copeland “Anti-Kickback” Act

2.7.6.1 Contractor. The Contractor shall comply with 18 U.S.C. Section 874, 40 U.S.C. ss 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

2.7.6.2 Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above, and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

2.7.6.3 Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. subsection 5.12.

2.7.7 Davis-Bacon Act

2.7.7.1 This subsection shall only be applicable if the resulting Contract related to this Solicitation Document involves one or more of the following programs:

Housing and Urban Development (HUD), Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Non-Profit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and the Transit Security Grant Program. This subsection shall not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program.

2.7.7.2 The Contractor shall comply with the Davis-Bacon Act (40 U.S.C. Sections 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5.

2.7.8 Debarment and Suspension

2.7.8.1 For the purpose of this subsection, “C.F.R.” shall mean the United States Code of Federal Regulations.

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2.7.8.2 For the purpose of this clause, “Subrecipient” shall mean a non-Federal entity that receives a sub-award from the County to provide the commodities, Services and/or Work that is the subject of this Solicitation Document.

2.7.8.3 This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. ss 180.995), or its affiliates (defined at 2 C.F.R. ss 180.905) are excluded (defined at 2 C.F.R. ss 180.940) or disqualified (defined at 2 C.F.R. ss 180.935) from participating in Federal assistance programs and activities.

2.7.8.4 The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.

pt. 3000, subpart C and must include a requirement to comply with these regulation in any lower tier covered transaction in enters into.

2.7.8.5 This certification is a material representation of fact relied upon by the Subrecipient. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County and the Subrecipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

2.7.8.6 The Bidder or Proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this Offer is valid and throughout the period of any Contract that may arise from this Offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

2.7.9 DHS Seal, Logo, and Flags

2.7.9.1 For the purpose of this subsection, “DHS” shall mean the United States Department of Homeland Security.

2.7.9.2 The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

2.7.10 No Obligation by Federal Government

Contractor acknowledges and agrees that the Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the County, the Contractor, or any other party pertaining to any matter resulting from the Contract.

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2.7.11 Procurement of Recovered Materials

2.7.11.1 For the purpose of this subsection, “EPA” shall mean the United States Environmental Protection Agency.

2.7.11.2 In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the products cannot be acquired as follows:

2.7.11.2.1 Competitively within a timeframe providing for compliance with the Contract performance schedule;

2.7.11.2.2 Meeting Contract performance requirements; or

2.7.11.2.3 At a reasonable price.

2.7.11.3 Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

2.7.12 Program Fraud and False or Fraudulent Statements or Related Acts

2.7.12.1 For the purpose of this subsection, “U.S.C.” shall mean the Code of Laws of the United States of America/United States Code.

2.7.12.2 The Contractor acknowledges and agrees that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this Contract.

2.7.13 Rights to Inventions Made Under a Contract or Agreement

2.7.13.1 This subsection shall only be applicable to contracts between the County and a Small Business Firm or Non-Profit Organization where the County is substituting parties or assigning the performance of experimental, developmental or research Work to said Small Business Firm or Non-Profit organization pursuant to a Funding Agreement between a Federal Agency and the County for the performance of such Work.

2.7.13.2 For the purpose of this subsection, “Funding Agreement” shall mean any contract, grant or cooperative agreement entered into between any Federal Agency, other than the Tennessee Valley Authority, and the County for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government.

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

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2.7.13.3 For the purpose this subsection only, a “Small Business Firm” shall mean a small business concern as defined at Section 2 of Pub. L. 85-536 (15 U.S.C. 632) and implementing regulations of the Administrator of the Small Business Administration. For the purpose of this subsection only, the size standards for small business concerns involved in government procurement and subcontracting at 13 CFR 121.3-8 and 13 CFR 121.3-12 shall be used.

2.7.13.4 For the purpose of this subsection only, a “Non-Profit Organization” shall mean a university or other institution of higher education or an organization of the type described in Section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under Section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)) or any nonprofit scientific or educational organization qualified under a state nonprofit organization statute.

2.7.13.5 For the purpose of this subsection, “C.F.R.” shall mean the United States Code of Federal Regulations.

2.7.13.6 The Contractor acknowledges and agrees that this Contract shall be governed by and is subject to the provisions contained in 37 C.F.R. Part 401 which are incorporated herein by reference.

3.0 DEFINITIONS

The following words and expressions (or pronouns) shall, wherever they appear in this Solicitation Document and the Contract Documents, be construed as follows unless a different meaning is clear from the context.

3.1 Agreement

"Agreement" shall mean the written agreement between the County and the Contractor covering the goods and/or Services to be provided and/or the Work to be performed pursuant to this Solicitation Document. The Agreement (if one is required for this particular Solicitation Document) will be attached to and made a part of the Contract Documents.

3.2 Amendment(s), Addendum, or Addenda

"Amendment(s)", "Addendum", or "Addenda" shall mean the additional information and/or requirements concerning this Solicitation Document that are issued by the County, in writing, prior to the Close Date.

3.3 Bid(s), or Bidder's Bid

"Bid(s)", "Bidder’s Bid”, "Proposal(s)", or "Quote(s)" shall mean the offer, bid, proposal, or quote of the Bidder/Proposer submitted on the prescribed forms setting forth the prices for the Work to be performed, along with all other documents submitted by the Bidder/Proposer in response to this Solicitation Document.

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3.4 Bidder

"Bidder" or "Proposer" shall mean any person, partnership, corporation or other entity or organization submitting a Bid, Proposal, or Quote to provide the goods, Services and/or Work solicited by the County in this Solicitation Document.

3.5 Blanket Purchase Agreement (BPA)

“Blanket Purchase Agreement (BPA)” shall mean the County’s written document to the Contractor stating the products/Services/Work to be provided, the pricing for said products/Services/ Work, the effective dates for the provision of said products/Services/Work, and any additional terms and conditions of the Contract, if applicable.

3.6 Board of County Commissioners

"Board of County Commissioners" shall mean the Board of County Commissioners of Hillsborough County, Florida.

3.7 Bond

"Bond" or "Earnest Money Deposit (EMD)" shall mean bid bond, performance bond, and/or payment bond and other instruments of security furnished by the Bidder/Proposer/Contractor and its Surety in accordance with this Solicitation Document and/or the Contract Documents.

3.8 Business Day(s)

“Business Day(s) "shall mean Monday through Friday excluding public holidays.

3.9 Change Order

“Change Order” shall mean a written order or alteration to a Contract or Purchase Order signed by the appropriate County and Contractor authority directing an addition, deletion, or revision in the provision of the goods and/or Services or an adjustment in the Contract Price and/or Contract Time.

3.10 Close Date

"Close Date" shall mean the date and time set for delivery to the County of all Offers submitted in response to this Solicitation Document.

3.11 Contract or Contract Documents

"Contract" or "Contract Documents" shall mean the Definitions, Instructions, General Terms and Conditions, Special Terms and Conditions, Insurance and Bond requirements, Specifications, Equal Employment Opportunity and Non-Discrimination Requirements, all Amendment(s) issued, the Offer, the Agreement (if applicable), all the attached documents identified in this Solicitation

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Document, all supplementary drawings issued after award of the contract, all Change Orders, all Allowance Authorization Releases, and all provisions required by law to be a part of the Contract Documents, whether actually inserted therein or not.

3.12 Contract Price

"Contract Price" shall mean the total monies payable to the Contractor under the Contract Documents.

3.13 Contract Purchase Agreement (CPA)

“Contract Purchase Agreement (CPA)” shall mean the County’s written document to the Contractor stating the products/Services/Work to be provided, the pricing for said products/Services/ Work, the effective dates for the provision of said products/Services/Work, and additional terms and conditions of the Contract, if applicable.

3.14 Contract Time or Contract Period

"Contract Time" or “Contract Period” shall mean the number of calendar Days stated in the Contract Documents for the completion of the Work and/or the provision of the goods and/or Services specified therein.

3.15 Contractor

"Contractor" shall mean the Successful Offeror, whether a corporation, partnership, individual or any combination thereof, and its, their or his/her successors, personal representatives, executors, administrators, and permitted assignees.

3.16 County

"County" shall mean the Board of County Commissioners, Hillsborough County, Florida, for whom the Contract is being performed.

3.17 County Administrator

"County Administrator" shall mean Hillsborough County's County Administrator, or a designee identified by the County Administrator to perform certain functions on behalf of the County Administrator.

3.18 Day(s)

"Day(s)" shall mean one calendar day.

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3.19 Designee

"Designee" shall mean the person appointed by the Board of County Commissioners and/or the County Administrator to act on his/her behalf.

3.20 Earnest Money Deposit (EMD)

"Earnest Money Deposit (EMD)" or "Bond" shall mean bid bond, performance bond, and/or payment bond and other instruments of security furnished by the Bidder/Proposer and/or Contractor and its Surety in accordance with this Solicitation Document and/or the Contract Documents.

3.21 Electronic Bidding System

"Electronic Bidding System" shall mean the County’s Electronic Bidding System.

3.22 Minimum Specifications

"Minimum Specifications" shall mean the portion of the Specifications that address the technical requirements of the Work to be performed under this Contract including materials, equipment, and workmanship.

3.23 Modification Agreement

“Modification Agreement(s)” shall mean the written order to the Contractor authorizing an addition, deletion, or revision in the goods, Services and/or Work to be provided under the Contract Documents or an adjustment in the Contract Price issued after the award of and/or execution of the Contract/Agreement. Such written order must be approved and/or executed by the applicable authorized representatives of the County in accordance with County policy.

Modification Agreements that are required to be approved by the Board of County Commissioners pursuant to County policy must be executed by the Contractor and the Chair of the Board of County Commissioners.

3.24 Notice

"Notice" shall mean a written notice for the County and the Contractor as set forth in this Solicitation Document and/or the Contract Documents.

3.25 Notice of Award

"Notice of Award" shall mean the written notice given by the County to the Successful Bidder/Proposer that said Bidder/Proposer has been selected by the County to provide the goods/Services and/or perform the Work specified in this Solicitation Document.

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3.26 Notice to Proceed

"Notice to Proceed" shall mean the written notice given by the County to the Successful Bidder/Proposer and/or Contractor of the date for the Work to start and/or for the date of the Successful Bidder/Proposer and/or Contractor to provide the goods and/or Services specified in the Contract Documents.

3.27 Offer(s)

"Offer(s)" or "Bid(s)" or "Proposal(s)" or "Quote(s)" shall mean the offer, bid, proposal, or quote of the Offeror submitted on the prescribed forms setting forth the prices for the Work to be performed, along with all other documents submitted by the Offeror in response to this Solicitation Document.

3.28 Offeror

"Offeror" shall mean any person, partnership, corporation or other entity or organization that has submitted an Offer, Bid, or Proposal to the County in response to a procurement solicitation issued by the County to provide equipment, supplies, materials, or Services.

3.29 Project

"Project" shall mean the entire action and/or improvement which is the subject of this Solicitation Document and/or the Contract Documents.

3.30 Project Manager

"Project Manager" shall mean the duly authorized representative of the Board of County Commissioners during the Contract Period.

3.31 Proposal(s)

"Proposal(s)" or "Bid(s)" or "Bidder’s Bid(s)” or "Quote(s)" shall mean the offer, bid, proposal, or quote of the Bidder/Proposer submitted on the prescribed forms setting forth the prices for the Work to be performed, along with all other documents submitted by the Bidder/Proposer in response to this Solicitation Document.

3.32 Proposer

"Proposer" or "Bidder" shall mean any person, partnership, corporation or other entity or organization submitting a Bid, Proposal, or Quote to provide the goods, Services and/or Work solicited by the County in this Solicitation Document.

3.33 Purchase Order

“Purchase Order” shall mean the County’s written document to the Contractor authorizing Work.

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3.34 Quote(s)

"Quote(s)" or "Bid(s)" or "Bidder’s Bid(s)” or "Proposal(s)" shall mean the offer, bid, proposal, or quote of the Bidder/Proposer submitted on the prescribed forms setting forth the prices for the Work to be performed, along with all other documents submitted by the Bidder/Proposer in response to this Solicitation Document.

3.35 Request for Proposal

"Request for Proposal" shall mean the Solicitation Document issued by the County for the goods, Services and/or Work specified herein; and shall include the Definitions, Instructions, General Terms and Conditions, Special Terms and Conditions, Insurance and Bond requirements, Specifications, Requirements, and all Amendment(s) issued.

3.36 Service(s)

"Service(s)" shall mean the activity/improvement and/or the means or methods necessary for implementation and prosecution of the Project and/or Work that is the subject of the Contract Documents.

3.37 Site(s)

"Site(s)" shall mean the area(s) upon or in which the Contractor’s operations are carried on and such other areas adjacent thereto as may be designated as such by the County.

3.38 Solicitation Document

"Solicitation Document" shall mean the solicitation issued by the County for the goods, Services and/or Work specified herein; and shall include the Definitions, Instructions, General Terms and Conditions, Special Terms and Conditions, Insurance and Bond requirements, Specifications, Requirements, and all Amendment(s) issued.

3.39 Specifications

"Specifications” shall mean the detailed information set forth in the “Specifications” Section of this Solicitation Document describing and/or concerning the goods, Services and/or Work being solicited by the County via this Solicitation Document, including, but not limited to, any terms and conditions contained within the “Specifications” Section, any Amendment(s) issued related to the “Specifications” Section, and/or any drawings or maps relating to the “Specifications” Section of this Solicitation Document.

3.40 Subcontractor

"Subcontractor" shall mean any person, firm, or corporation other than employees of the Contractor who or which contracts with the Contractor to furnish, or actually furnishes labor, RFP-26-00141 Page 19 materials, and/or equipment for the Work and/or Project to be performed that is the subject of the Contract Documents.

3.41 Successful Bidder/Proposer

“Successful Bidder” or "Successful Proposer" shall mean the Contractor and vice versa, whether a corporation, partnership, individual or any combination thereof, and its, their or his/her successors, personal representatives, executors, administrators, and permitted assignees.

3.42 Surety

"Surety" shall mean any corporation that executes, as surety, the Bidder’s/Proposer's Bid/Proposal bond, and/or any corporation that executed, as surety, the Contractor’s Bid/Proposal, performance, and/or payment Bond.

3.43 Unilateral Change Order

“Unilateral Change Order” shall mean a written order or alteration to a Contract or Purchase Order signed by the appropriate County authority directing an addition, deletion, or revision in the provision of the goods and/or Services or an adjustment in the Contract Price and/or Contract Time that does not require concurrence of the Contractor.

3.44 Work

"Work" shall mean any and all obligations, duties and responsibilities necessary for the successful delivery of the goods and/or the successful completion of the Services, Project and/or tasks assigned to or undertaken by the Contractor pursuant to the Contract Documents, including, but not limited to, the furnishing of all labor, materials, equipment and other incidentals contemplated by and/or related to the Contracted Documents.

4.0 INSTRUCTIONS

4.1 Bid Submissions

4.1.1 The County shall only accept Offers through its Electronic Bidding System.

4.1.2 Offers delivered by non-electronic means, facsimile, electronic mail (e-mail) or electronic means other than through the County's Electronic Bidding System will not be considered.

4.2 Non-Discrimination and Compliance with Laws

4.2.1 The Proposer shall comply with the requirements of all applicable federal, state and local laws prohibiting discrimination, and the rules, regulations, policies, and executive orders promulgated thereunder, all of which are incorporated herein by reference. .

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4.2.2 The County prohibits any person/business involved in County contracting and procurement activities, to discriminate on the basis of actual or perceived race, color, religion, sex, national origin, age, marital status, disability, sexual orientation, or gender identity or expression.

4.3 Award of Contract and Rejection of Bids

4.3.1 The County, in its sole discretion, may determine whether acceptance of the Bid/Quote is in the best interest of the County. Further, the County reserves the right to reject any and all Bids/Quotes and to waive any informality concerning a Bid/Quote whenever such rejection or waiver is in the best interest of the County and in conformance with Florida Law.

4.3.2 The County also reserves the right to reject the Bid/Quote of any Bidder:

4.3.2.1 determined to be non-responsible due to failure to perform properly or timely on a comparable contract; and

4.3.2.2 who is not in a position to perform the contract.

4.3.3 Bidder must have the capacity, knowledge, skill, and general ability to fully perform.

Bidder must also have the integrity, reliability and other applicable qualities that will ensure good faith performance. The County reserves the right to require Bidder to submit documentation and other evidence attesting to the Bidder’s responsibility. The County may reject Bidder’s Bid/Quote if, at the County’s sole discretion, Bidder fails to submit documents and evidence of responsibility and/or the County has determined that the Bidder is not responsible.

4.4 Bid/Proposal/Quote Pricing

Pricing must be quoted only in the space(s) provided within this Solicitation Document; no other form(s) will be accepted. When applicable, all prices quoted are to be free-on-board (F.O.B.) to the job site or specified delivery location in Hillsborough County, Florida.

4.5 Bid/Proposal/Quote Results

Preliminary results are generally available within two (2) Business Days to Bidders/Proposers in the County’s Electronic Bidding System.

4.6 Bidder/Proposer Request for Interpretation of Solicitation Document

No interpretation of the meaning of the Specifications or Scope of Work contained in this Solicitation or related Contract Documents will be made to any Bidder/Proposer orally. Every request for such interpretation must be submitted in writing through the electronic bidding system (Euna Procurement). To be given consideration, such requests must be received no later than 14 calendar days after the date of Solicitation issuance in Euna Procurement, site visit, or

RFP-26-00141 Page 21 pre-bid conference, whichever is later. All interpretations and supplemental instructions provided by the County will be in the form of a written amendment which, if issued, will be communicated to all Bidders/Proposers who have acknowledged participation within Euna Procurement. All issued amendments shall become part of the Contract Documents. No Bids or Proposals shall be submitted or accepted through electronic mail (e-mail), facsimile, or by hard copy (paper). Bids and Proposals will only be accepted and considered if submitted through Euna Procurement.

4.7 Bidder/Proposer Responsible for Examining/Investigating Work Site(s)

If applicable to this Solicitation Document, Bidder/Proposer is solely responsible for examining all Sites of the proposed Work and conducting any investigations necessary to inform itself of any difficulties that may be involved in the completion of the Work. Bidder’s/Proposer's failure to conduct such examinations and investigations shall not:

4.7.1 excuse the Successful Bidder’s/Proposer's failure to complete the Work in accordance with the Specifications and requirements set forth in this Solicitation Document based on the Successful Bidder’s/Proposer's ignorance of conditions or difficulties that may exist prior to the Close Date or of conditions or difficulties that may be encountered during the execution of the Work; and/or

4.7.2 be a basis for any claims for additional compensation and/or for any extensions of time.

4.8 Procurement Policy and Procedures and Hillsborough County Ordinance – Protest Process and Procedures

Offeror is advised that by submitting an Offer, Offeror hereby agrees to comply with the County’s Procurement Policy and Procedures, including, but not limited to, the County’s policy and procedures regarding Bid protests and Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3. The County’s Procurement Policy and Procedures can be found on the County’s website at:

https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/vendor-policies-forms-and-documents

Offeror is further advised that pursuant to Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, Sec. 2-567(b)(i), any protest of the Specifications and/or terms and conditions contained within this Solicitation Document must be received by the County no later than five (5) Business Days before the Close Date/Bid Submittal Deadline set forth in this Solicitation Document.

4.9 Bidder's/Proposer's Understanding of the Solicitation Document

Bidder/Proposer is solely responsible for reading and completely understanding this Solicitation Document in its entirety.

https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/vendor-policies-forms-and-documents https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/vendor-policies-forms-and-documents

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4.10 Cancellation of Solicitation Document

The County reserves the right to cancel, in whole, or in part, this Solicitation Document when deemed to be in the best interest of the County.

4.11 Compliance With Occupational Safety and Health Act (O.S.H.A.)

In instances where such is applicable due to the nature of a Solicitation Document, all material, equipment, etc., as proposed and offered by the Bidder/ Proposer must meet and conform to all O.S.H.A. requirements.

4.12 Condition of Goods, Shipping Costs, and Claims Against Carrier

Unless otherwise specified, all goods supplied will be new, not used, or re-manufactured.

Bid/Proposal/Quote prices shall include costs of delivery, shipping and handling. Any claims against the carrier will be the responsibility of the Contractor.

4.13 Cone of Silence

Pursuant to Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, there shall be a Cone of Silence for all procurement solicitations (except sole source procurement) issued by the County that are at or over the County's formal bid limit in order to safeguard the integrity of the County’s procurement and protest process. Except as otherwise provide in this Section, the Cone of Silence shall go into effect on the date a procurement solicitation is issued by the County and shall end the earlier of five (5) Business Days after the County posts its notice of intent to award the contract(s) associated with this solicitation or on the date the procurement solicitation is canceled by the County. However, if a protest is timely filed, then the Cone of Silence shall remain in effect for the duration of the protest process including the exhaustion of any related appeals related to the protest. Unless otherwise provided for in Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, during the time period the Cone of Silence is in effect, no Offeror, interested party and/or their principals, officers, employees, attorneys or agents shall communicate with County employees, the Hearing Master assigned to hear the applicable protest appeal and/or members of the Board of County Commissioners, including their aides and employees regarding a procurement solicitation and/or its related protest.