Bio-Health_Pod_Systems_Stormwater_Technology_Demonstration_and_Suitability_Evaluation_Project.pdf

REQUEST FOR PROPOSAL

PD 25-26.098

BIO-HEALTH POD SYSTEMS STORMWATER TECHNOLOGY

DEMONSTRATION AND SUITABILITY EVALUATION PROJECT

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: July 15, 2026

DEADLINE FOR QUESTIONS: August 5, 2026

RESPONSE DEADLINE: August 14, 2026, 10:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/escambiacountyfl https://secure.procurenow.com/portal/%7bproject.government.code%7d

Escambia County

REQUEST FOR PROPOSAL

Bio-Health Pod Systems Stormwater Technology Demonstration and

Suitability Evaluation Project

1. Introduction

2. Scope of Work

3. Solicitation Terms & Conditions

4. General Terms and Conditions

5. Construction Terms

6. Standard Insurance Requirements and Certificates

7. Insurance for Construction Contracts-General

8. Insurance for Construction Contracts-Pollution Liability

9. Professional Errors and Omissions

10. Evidence/Certificates of Insurance

11. Vendor Submissions

12. Evaluation Process

13. Evaluation Criteria

Attachments:

A - FDEP Agreement No. INV075 - ADA

B - Exhibit.FederalContractProvisions with signature 5.6.26

Request For Proposal #PD 25-26.098 Title: Bio-Health Pod Systems Stormwater Technology Demonstration and Suitability Evaluation Project

1. Introduction

1.1. Summary

Escambia County is seeking a qualified firm to provide Bio-Health Pod Systems and associated technical services to support a stormwater technology demonstration and suitability evaluation project. The project will evaluate the applicability, operational feasibility, and performance of Bio-Health Pod

Systems within three existing wet stormwater management facilities in Escambia County.

The selected Contractor will provide the equipment and technical services necessary to support implementation and objective evaluation of the technology, including site evaluation support, system design, permitting assistance, installation support, technical consultation, monitoring support, public education support, and final reporting assistance.

1.2. Background

Stormwater management facilities can accumulate excess nutrients and organic-rich sediments that contribute to degraded water quality conditions, algae growth, increased maintenance needs, and nutrient loading to downstream waterbodies. Escambia County is evaluating an innovative approach that may provide additional tools for improving stormwater facility performance and reducing nutrient-related impacts.

Bio-Health Pod Systems are designed to function as submerged bioreactors that host, grow, and distribute beneficial microbial communities intended to metabolize excess organic matter and nutrients, reduce muck accumulation, limit conditions that promote algal growth, and improve water quality conditions in waterbodies receiving stormwater pond discharges and overflows. This project will provide an objective evaluation of the suitability of Bio-Health Pod Systems as a potential stormwater management technology for reducing nutrient concentrations, reducing muck accumulation, improving water quality conditions, and addressing conditions that contribute to harmful algal blooms.

The project will be implemented as a technology demonstration and evaluation effort. Project results will be evaluated based on scientifically appropriate monitoring and analysis methods, and the outcome of the evaluation is not predetermined.

1.3. Contact Information

Travis Simmons

Purchasing Grant Coordinator

213 Palafox Place

Pensacola, FL 32502-5822

Email: rtsimmons@myescambia.com

Phone: (850) 595-4918

Department:

Purchasing mailto:rtsimmons@myescambia.com tel:(850)595-4918

1.4. Timeline

Release Project Date July 15, 2026

Pre-Solicitation Meeting (Non-Mandatory) July 23, 2026, 1:00pm

Office of Purchasing

213 Palafox Place 2nd Floor

Pensacola, FL 32502

Or join us on teams at the link below.

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/245272364137

206?p=oEe62F7DPWrlnGRQWq

Meeting ID: 245 272 364 137 206

Passcode: Ra3ep7jM

Need help? | System reference

Dial in by phone

+1 863-333-5817,,283806046# United States, Lakeland

Find a local number

Phone conference ID: 283 806 046#

Question Submission Deadline August 5, 2026, 12:00pm https://teams.microsoft.com/meet/245272364137206?p=oEe62F7DPWrlnGRQWq https://teams.microsoft.com/meet/245272364137206?p=oEe62F7DPWrlnGRQWq

Submission Deadline August 14, 2026, 10:00am

Office of Purchasing

213 Palafox Place 2nd Floor

Pensacola, FL 32502

Or join us on Teams at the link below.

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/260235531853

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Meeting ID: 260 235 531 853 63

Passcode: VE3nN9mR

Need help? | System reference

Dial in by phone

+1 863-333-5817,,824476452# United States, Lakeland

Find a local number

Phone conference ID: 824 476 452#

2. Scope of Work

2.1. Scope of Work

Project Description:

Escambia County will evaluate the suitability of Bio-Health Pod Systems for use in stormwater ponds.

Bio-Health Pod Systems are designed to function as submerged bioreactors that host, grow, and distribute beneficial microbial communities intended to metabolize excess organic matter and nutrients, reduce muck accumulation, limit conditions that promote algal growth, and improve water quality conditions in waterbodies receiving stormwater pond discharges and overflows.

The objective of this project is to evaluate the effectiveness, operational feasibility, and applicability of

Bio-Health Pod Systems as a potential stormwater management technology for reducing nutrient concentrations, reducing muck accumulation, improving water quality conditions, and reducing conditions that contribute to harmful algal blooms. The project will evaluate the suitability of Bio-Health

Pod Systems in three existing wet stormwater management facilities within Escambia County.

Escambia County is seeking a qualified firm (Contractor) to provide Bio-Health Pod Systems and associated technical services necessary to support implementation and objective evaluation of the technology. In addition to providing the Bio-Health Pod System equipment and associated components, the selected Contractor shall provide the technical and professional services necessary to support implementation and evaluation of the technology. Services shall include, but are not limited to, site evaluation support, system planning, permitting assistance, installation support, technical consultation, monitoring support, public education support, and final reporting assistance.

https://teams.microsoft.com/meet/26023553185363?p=lOB6Qlnv0rgVxF3v8j https://teams.microsoft.com/meet/26023553185363?p=lOB6Qlnv0rgVxF3v8j

Task 1 – Quality Assurance Project Plan Technical Support

Escambia County will prepare, submit, and obtain approval of a project specific QAPP. The QAPP is required to be approved prior to initiation of monitoring activities. The QAPP approval process includes a first draft, second draft, and final submittal.

The Contractor shall provide technical review and written recommendations through Escambia County to support QAPP development, including site selection considerations, sampling methodology, monitoring parameters, data quality objectives, technology performance indicators, data interpretation methods, and quality assurance considerations.

Task 2 – Site Selection Support

Escambia County will identify a minimum of seven existing wet stormwater management facilities for consideration. Following completion of pre-implementation evaluation activities, three facilities will be selected for inclusion in the project. Stormwater facilities to be considered may include sites under the jurisdiction of other county partners such as the City of Pensacola or Florida Department of

Transportation, District 3.

Escambia County will be responsible for securing access to stormwater facilities selected for inclusion in the project.

Contractor shall participate in the development and application of evaluation criteria to assist Escambia

County in selection of the three facilities to include in this project. The Contractor shall evaluate available information provided by Escambia County and provide technical recommendations regarding site suitability for implementation of Bio-Health Pod Systems, including water depth, open water area, existing water quality conditions, nutrient concentrations, abundance of organic rich sediments, pond configuration, hydraulic characteristics, installation feasibility, and monitoring feasibility.

The Contractor may elect to perform an onsite evaluation of each of the wet stormwater facilities considered for inclusion. The Contractor shall provide written recommendations citing objective metrics regarding the relative suitability of candidate locations for consideration and inclusion in the final site selection report prepared by Escambia County.

Task 3 – Site Planning and Permitting

Contractor shall prepare complete site-specific site planning packages for Bio-Health Pod System implementation at all three selected stormwater facilities. Site planning shall consider system sizing, pod configuration and placement, air supply requirements, equipment specifications, installation requirements, supporting infrastructure needs, maintenance considerations, operation and maintenance recommendations.

Site Planning packages shall be submitted first as draft and later as final. Site Planning shall be developed to maximize the opportunity to effectively implement and evaluate the Bio-Health Pod

Systems while remaining within available project funding and budget constraints. Site Planning shall be developed to maximize the opportunity to effectively implement and evaluate the Bio-Health Pod

Systems while remaining within available project funding and budget constraints.

The Contractor shall evaluate the need for and obtain all required local, state, and federal permits, authorizations, and approvals necessary to fully implement the project, or obtain written documentation demonstrating that such permits, authorizations, or approvals are not required.

Potential permitting agencies may include, but are not limited to, the Northwest Florida Water

Management District and/or the Florida Department of Environmental Protection.

The Contractor shall provide professional certification when required.

Task 4 – Installation and Demobilization

Task 4a – Installation

The Contractor shall furnish, deliver, and install all equipment, materials, components, and appurtenances necessary for the operation of the Bio-Health Pod Systems at all three project sites in accordance with the final approved design plans and all applicable permits, authorizations, and regulatory requirements.

The Contractor shall protect all existing improvements in place and shall not remove, alter, relocate, or disturb any existing improvements unless specifically authorized in writing by

Escambia County and the property owner, if different.

All equipment purchased for the project will become the property of Escambia County. Escambia

County reserves the right to procure utility installation and other similar supporting infrastructure improvements, if required, under separate contracts with other vendors.

The Contractor shall evaluate and provide recommendations for solar-powered alternatives at project sites where installation of new electrical service is determined to either be impracticable or cannot be accommodated within available project funding and budget constraints.

The Contractor shall be responsible for maintaining the Bio-Health Pod Systems in operational condition throughout the duration of the project. Any equipment failures, deficiencies, or malfunctions that prevent the systems from operating as designed shall be promptly repaired or corrected by the Contractor at no additional cost.

The Contractor shall coordinate with Escambia County regarding any required maintenance, repairs, or system adjustments that may affect project implementation or evaluation activities.

Task 4b - Demobilization

The Contractor shall provide optional services to restore project sites to their pre-installation condition or better upon project completion. Escambia County will determine, on a site-specific basis, whether to retain the Bio-Health Pod Systems or direct their removal after the effectiveness of the project has been evaluated.

Task 5 – Monitoring Support and Performance Evaluation

Escambia County will be responsible for performing required monitoring, including all field and laboratory activities.

The project will include 12 months of performance and effectiveness monitoring conducted in accordance with a Quality Assurance Project Plan (QAPP) to be developed by Escambia County and approved by FDEP prior to initiation of monitoring activities.

Escambia County will provide monitoring data, as generated, to the Contractor. The Contractor shall provide written technical support related to review and interpretation of monitoring results, including evaluation of technology performance and identification of trends.

The Contractor technical interpretations and recommendations shall be provided for consideration by

Escambia County and shall not replace or supersede the County’s independent evaluation of project results, conclusions, and recommendations.

Task 6 – Public Education and Community Outreach

The Contractor shall provide public education support consistent with FDEP Grant Agreement requirements. The Contractor shall develop educational signage, content for the Escambia County website, and conduct two public presentations.

All materials shall be reviewed and approved by Escambia County and FDEP prior to public distribution.

Educational materials shall objectively describe the project objectives, stormwater nutrient concerns, technology operation, monitoring approach, project findings as findings become available, and limitations and uncertainties.

The Contractor shall provide two public presentations at venues selected by Escambia County. All public statements shall be consistent with project data and scientific findings.

Payment for public education activities shall not exceed the FDEP-approved budget limitation of $5,000.

Task 7 – Final Report and Presentation

The Contractor shall provide technical assistance for preparation of the FDEP-required Final Report and

Final Report Presentation.

The Contractor shall provide information regarding system operation, maintenance activities, and any equipment issues or corrective actions necessary to support evaluation of the Bio-Health Pod Systems throughout the project duration.

The Contractor shall ensure technical information provided for the Final Report is scientifically objective and clearly identifies limitations and uncertainties. Escambia County shall retain final authority over conclusions and recommendations presented in the Final Report.

The final report will include information regarding project implementation, technology performance, monitoring results, nutrient reduction performance, muck reduction performance, operational considerations, costs, and future applicability.

The Contractor technical interpretations and recommendations shall be provided for consideration by

Escambia County and shall not replace or supersede the County’s independent evaluation of project results, conclusions, and recommendations.

Other Requirements:

• This project is funded by the Florida Department of Environmental Protection through the

Innovative Technology Grant Program (Agreement No. INV75). All services provided by the

Contractor shall comply with all applicable requirements, conditions, deliverables, timelines, and obligations contained within the FDEP Grant Agreement, including applicable attachments and approved modifications. Escambia County shall set reasonable deadlines for Contractor deliverables to assure County grant compliance. FDEP grant agreement provided as an attachment to this solicitation for reference.

• The project timeline and contractual services budget by task are included in the Grant Work Plan

(FDEP Agreement No. INV75, Attachment 3). Interested firms shall use this information to demonstrate their ability to commit required resources and meet project-specific timelines and deadlines, as well as their ability to implement the project within the available project funding.

• This project is a technology demonstration and evaluation project. The purpose of this project is to objectively evaluate the performance and suitability of the Bio-Health Pod System. The outcome of this project is not predetermined. The Contractor will be expected to provide technical expertise while recognizing that Escambia County shall retain sole responsibility for independent evaluation of project results and conclusions.

2.2. Timeline

Please review the attached grant for timeline details on page 28 of the grant.

2.3. Submission Format for Responses

Vendor Submissions should be submitted in the following format:

• Tab 1. Cover Letter & Capabilities Statement o Applicants shall provide information regarding the firm including relevant capabilities and qualifications.

• Tab 2. Capability of the firm to provide the Bio-Health Pod Systems necessary to satisfy the requirements of the grant-funded technology demonstration and evaluation project.

o Firms shall demonstrate their ability to provide the Bio-Health Pod Systems necessary to satisfy the requirements of the grant-funded technology demonstration and evaluation project.

• Tab 3. Project team, approach, and technical ability o Firms shall describe their proposed approach for implementing the project and providing the required technical services. Information should include, at a minimum, proposed approach to site evaluation support, system design, permitting, installation, operation and maintenance support, monitoring support, data interpretation, public education support, and final reporting assistance.

• Tab 4. Ability to commit required resources and meet project-specific timelines and deadlines o Firms shall describe their ability to provide the personnel, equipment, subcontractors, and other resources necessary to complete the project in accordance with the project schedule.

Firms should demonstrate their ability to meet the required task deadlines and deliverables identified in the Grant Work Plan.

• Tab 5. Ability to implement the project within available project budget o Firms shall provide a proposal and demonstrate their ability to complete the required scope of work within the available contractual services project funding as identified in the Grant

Work Plan.

• Tab 6. Required Purchasing Documents o All forms from the Vendor Submission Checklist should be uploaded in this section in PDF format.

3. Solicitation Terms & Conditions

Submission of a proposal in accordance with these Terms and Conditions and the General Terms and

Conditions provided in Section IV below constitutes a binding offer from the respondent. The Terms and

Conditions incorporated herein will become a part of the written agreement between the parties.

Pre-Proposal Inquiries

All inquiries concerning the solicitation, including, but not limited to, the scope of work, specifications, additional requirements, attachments, general or supplemental terms and conditions, must be submitted to the Office of Purchasing through the e-procurement portal hosted by OpenGov, All questions or inquiries must be received no later than the last day for questions stated on the cover page of the solicitation. Any modification to the solicitation documents will be in the form of a written addendum issued by the County not less than five (5) days prior to the date and time of solicitation closing. Addenda will be provided to each respondent via email and will be posted to the Escambia

County website at Escambia County Solicitations

(https://procurement.opengov.com/portal/escambiacountyfl). Such written addenda or modification shall be part of the solicitation documents and shall be binding upon each respondent. Each respondent is required to submit with the proposal a written acknowledgment to confirm receipt of any and all addenda. No respondent may rely upon any verbal modification to or interpretation of the solicitation documents, and no interpretation shall be considered binding unless provided in writing by the Office of

Purchasing as provided in this provision.

Examination of Documents and Site

Before submitting a proposal, the Respondents shall familiarize themselves with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment, materials, and labor required. Respondent shall also examine all drawings, specifications, https://procurement.opengov.com/portal/escambiacountyfl addenda, and other relevant documents to be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract.

Preparation of Proposal

The Proposal shall be based upon the completion of the Scope of Work according to the drawings and specifications, together with all addenda thereto. The proposal must be executed by an individual listed as an authorized representative with the records on file with the Florida Division of Corporations website (Sunbiz) with the principal address provided below the signature. The proposal shall include evidence of respondent’s authority and qualification to do business in the State of Florida.

As applicable, a state contractor license # for the State of Florida shall also be included in the proposal, and Respondent shall be licensed in accordance with the requirements of Chapter 489, Florida Statutes.

Recommended Proposal Preparation Guidelines

All respondents shall provide a straightforward and concise description of their ability to meet the proposal requirements. The proposal shall clearly show the technical approach to include work tasks, estimated time phasing and the proposed approach. The County discourages overly lengthy or costly proposals, all proposals shall be submitted in one electronic file.

Integrity of Documents

Respondents shall use the original solicitation documents in the format provided by the Escambia

County Office of Purchasing and enter information only in the spaces where a response is requested.

Submittal of Proposal

A proposal shall be submitted no later than the date and time prescribed in the Request for Proposal and shall be accompanied by all required documents. It is the respondent’s responsibility to ensure that its proposal is delivered at the proper time.

Each submittal shall include all the items listed in the Vendor Submissions section.

Identification of Subconsultants/Changes After the Fact

After submitting a proposal in response to this solicitation, respondents are prohibited from substituting, modifying, or amending the sub-consultants identified in the submittal at any time during the course of the solicitation process up to the final award of contract and including question and answer sessions, presentations or technical clarifications and submittals as may be required by the

Review/Selection Committee. A substitution or addition of sub-consultants or any other material changes to the submittal after the initial response will cause the submittal to be invalid for review and selection purposes.

Withdrawal of Submittals

Any respondent may withdraw its submittal, either personally or by written request, at any time prior to the scheduled time for opening submittals. Requests to alter or withdraw an offer must be submitted in writing to the Purchasing Director. Submittals may not be altered or unilaterally withdrawn by the respondent after the scheduled time for submittal opening. All offers not so withdrawn shall constitute https://procurement.opengov.com/portal/escambiacountyfl/projects/283203?section=undefined an irrevocable offer and will remain subject to acceptance or rejection by the County for a period of 90 calendar days.

Proposal to Remain Subject to Acceptance

All proposals will remain subject to acceptance or rejection by Escambia County for ninety (90) calendar days after opening Submittals.

Conditional or Incomplete Proposals

Escambia County specifically reserves the right to reject any conditional or incomplete proposal.

Addition/Deletion of Item(s)

The County reserves the right to add or delete any item from this solicitation or resulting contract when deemed to be in the County’s best interest.

Changes to Specification

Specifications are based on the most current literature available. The Office of Purchasing must be notified in writing of any proposed changes to the manufacturer’s specifications, including, but not limited to, materials used, manufacturing process, or construction, that conflict with the specifications provided in the solicitation. Proposed changes must be explained in detail along with a copy of the relevant manufacturer’s specifications. Proposed changes to the specifications provided in the solicitation shall not be binding upon the County unless evidenced by a Change Notice issued and signed by the Purchasing Director. Should Respondent fail to comply with this provision, Respondent will be liable for any costs incurred by the County to comply with the specifications provided in the solicitation.

Disqualification of Respondents

Any of the following reasons may be considered as sufficient for the disqualification of a respondent and the rejection of its proposal:

• Submission of more than one proposal for the same work from an individual, firm, or corporation under the same or different name. Evidence that the respondent has a financial interest in the firm of another respondent for the same work.

• Evidence of collusion among respondents. Participants in such collusion will receive no recognition as respondents for any future work of the County until such participant has been reinstated as a qualified respondent.

• Uncompleted work which in the judgment of the County might hinder or prevent the prompt completion of additional work if awarded.

• Failure to pay or satisfactorily settle all bills due for labor and material on contracts in effect at the time of issuing the solicitation or default under a previous contract.

• Listing of the respondent by any Local, State or Federal Government/Agency on its debarred/suspended vendor list.

Investigation of Respondent

The County may make such investigations, as it deems necessary to determine the stability of the respondent to perform the work and that there is no conflict of interest as it relates to the project. The respondent shall furnish to the County any additional information and financial data for this purpose as the County may request.

Negotiations

Should negotiations be required, the contents of the proposal of the successful firm shall become a basis for contractual negotiations.

Evaluation of Proposals and Award of Contract

Escambia County will review all proposals and will provide the recommendation to award to the County

Administrator, and the Board of County Commissioners. The County will award the proposal to the most responsive and responsible firm(s). The County reserves the right to award the proposal to the respondent submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of the County, and to reject any and all proposals or to waive any irregularity or technicality in proposals received. Escambia County shall be the sole judge of the proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final.

Escambia County reserves its right to reject any or all Proposals, including without limitation nonconforming, nonresponsive, unbalanced, or conditional Proposals. The County further reserves the right to reject the Proposal of any Respondent whom it finds after reasonable inquiry and evaluation to not be responsible. In evaluating Respondents, the County may consider the qualifications of

Respondents and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as a part of the Proposal.

Escambia County reserves the right to waive any informalities or reject any and all submissions, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this solicitation, and to accept the proposal that in its judgment will best serve the interest of the County.

Award

Award shall be made on an “all-or none total” basis, including options.

Form of Agreement

The Contract form shall be provided by the Office of Purchasing. The successful respondent shall, within

5 days after receipt of the Notice of Award and the contract forms or documents, sign and deliver to the

County Legal Office all required contract documents. Failure to execute the contract within such period shall constitute a default, and the county may award the contract to the next responsive and responsible proposal or re-solicit and charge against the respondent the difference between the amount of the offer and the amount for which a contract is subsequently executed, irrespective of whether the amount due exceeds the amount of the bid surety. The awarded respondent shall also deliver the policies of insurance or insurance certificate as required. All insurance documents shall be approved by Escambia

County Risk Manager before the successful respondent may proceed with the work.

Indemnification

Offeror agrees to save harmless, indemnify, and defend County and their elected and appointed officials, agents, officers and employees from any and all claims, losses, penalties, interest, demands, judgements, and costs of suit, including attorneys' fees and paralegals' fees, for any expense, damage or liability incurred by any of them, whether for personal injury, death, property damage, direct or consequential damages, or economic loss, including environmental impairment, arising directly or indirectly on account of or in connection with the work performed by Offeror under this Agreement or by any person, firm or corporation to whom any portion of the Work is subcontracted Offeror; or resulting from the use by Offeror, or by any one for whom

Offeror is legally liable, of any materials, tools, machinery or other property of County.

County and Offeror agree the first $100.00 of the Contract Amount paid by County to Offeror shall be given as separate consideration for this indemnification, and any other indemnification of County by

Offeror provided for within the Contract Documents, the sufficiency of such separate consideration being acknowledged by Offeror by Offeror’s acceptance and execution of the Agreement.

The Offeror's obligation shall not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance. The Offeror agrees to pay on behalf of

Escambia County, as well as provide a legal defense for the County, both of which will be done only when requested by the County, for all claims made. Such payment on behalf of the County shall be in addition to all other legal remedies available to the County and shall not be the County's exclusive remedy.

4. General Terms and Conditions

Any and all Supplemental Terms and Conditions and specifications referenced within the solicitation that vary from these General Terms and Conditions shall have precedence. Submission of an offer in accordance with these General Terms and Conditions and Supplemental Terms and Conditions constitutes a binding offer from the offeror. The terms and conditions incorporated herein will become a part of the written agreement between the parties.

Prospective offerors may utilize the Office of Purchasing Home Page to obtain Vendor Information and

Solicitation Information, including Bid/Proposal Tabulations, Recommended Award(s), etc. In order to participate in a solicitation, offerors must establish an account via the e-procurement portal of the

County’s vendor management software hosted by OpenGov. Once the vendor registration is completed, the offeror will receive all notifications relating to the relevant solicitation via e-mail to the address registered with the account.

1. Sealed Solicitations: All solicitation forms shall be executed and submitted in the e-procurement portal of the County’s vendor management software. The file name shall contain the solicitation number and title and the contractor/vendor’s name. All solicitations are subject to the terms and conditions specified herein. Solicitation offers which do not comply with these terms and conditions are subject to rejection.

2. Execution of Solicitation: Solicitation forms shall be manually or electronically signed by an authorized representative in the space provided. Persons signing on behalf of a corporate entity must be identified as President or Vice President with the records on file with the Florida Division of Corporations or otherwise authorized by corporate resolution of the Board of Directors.

Persons signing on behalf of a limited liability company must be identified as a managing member or other authorized representative with the records on file with the Florida Division of

Corporations.

3. No Offer: If not submitting an offer, respond by selecting the “NO BID” option in the e-procurement portal of the County’s vendor management software, specify the reason in the drop-down menu, and confirm the “NO BID” before the expiration of the Submission Deadline.

4. Conduct of Participants: The following policy will apply to all solicitations:

Conduct of Participants.

After the issuance of any solicitation, all bidders/proposers/protestors, or individuals action on their behalf are hereby prohibited from lobbying as defined herein or otherwise attempting to persuade or influence any elected County official, their agents or employees, or any member of the relevant Selection Committee at any time during the blackout period as defined herein;

provided, however, nothing herein shall prohibit bidders/proposers/ protestors or individuals acting on their behalf from communicating with the purchasing staff concerning a pending solicitation unless otherwise provided for in the solicitation or unless otherwise directed by the

Purchasing Director.

Definitions.

Blackout Period means the period between the time the bids/proposals for Invitations to Bid or the Request for Proposal, or Qualification, or Information, or Request for Letters of Interest, or the Invitation to Negotiate, as applicable, are received at the Escambia County Office of

Purchasing, and the time the Board awards the Contract and any resulting bid protest is resolved or the solicitation is otherwise cancelled.

Lobbying means the attempt to influence the thinking of elected County officials, their agents or employees, or any member of the relevant Selection Committee, for or against a specific cause related to a pending solicitation.

5. Additional Terms and Conditions: No additional terms and conditions included with the offer will be considered, and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this solicitation. It is understood and agreed that the General and

Supplemental Terms and Conditions in this solicitation are the only terms and conditions applicable to this solicitation, and the contractor’s authorized signature affixed to the offer attests to this.

6. Mistakes: Contractors are expected to examine the specifications, delivery schedule, solicitation prices, extensions, and all instructions pertaining to supplies and services described in the solicitation. Failure to do so will be at contractor’s risk. In the event of an error in the extension of the unit price, the unit price will govern.

7. Prices: All offers shall include firm unit prices that include all packing, handling, shipping charges, and delivery to any point within Escambia County, Florida.

8. Discounts: Discounts for prompt payments shall not be considered when determining the lowest net cost for solicitation evaluation purposes except in cases of tie solicitations.

9. Product Literature: Offeror shall provide a copy of any relevant product literature and price list(s) with the offer.

10. Abnormal Quantities: Should any unusual or abnormal quantity requirements arise, the County reserves the right to solicit separate offers as a multiple award.

11. Additional Quantities: For a period not exceeding one hundred eighty (180) days from the date of the offer, the County reserves the right to purchase additional quantities at the prices offered in this solicitation. If additional quantities are not acceptable, the contractor must specify “OFFER

IS FOR SPECIFIED QUANTITY ONLY”.

12. Approved Equivalents: Any manufacturer’s name, trade name, brand name, information and/or catalog numbers listed in a specification are for information and not intended to limit competition. The contractor may offer any brand for which it is an authorized representative that meets or exceeds the specifications for any item(s). Customary measurements appearing in these specifications are not intended to preclude offers for commodities with metric measurements. If an offer includes equivalent products, indicate the manufacturer’s name and number. The contractor shall submit with its offer applicable cuts, sketches, and descriptive literature and/or complete specifications. Reference to literature submitted with a previous solicitation will not satisfy this provision. Escambia County reserves the right to determine acceptance of item(s) as an approved equivalent. Offers that do not comply with these requirements are subject to rejection.

13. Nonconformance to Specifications: Items may be tested for compliance with the contract specifications by a testing laboratory acceptable to the County. The County may require the contractor to reimburse all costs incurred by the County in connection with the examination or testing of the commodity, including costs relating to transporting the commodity samples to the testing site, actual test costs, personnel costs and other applicable costs should the items fail testing. The data derived from any tests for compliance with the contract specifications are public records and open to examination in accordance with Chapter 119, Florida Statutes. Items delivered that do not conform to the contract specifications may be rejected and returned at contractor’s expense. These items and items not timely delivered by the delivery date specified in the solicitation and/or purchase order may result in the contractor being found in default, in which event, any and all re-procurement costs may be charged against the defaulting contractor.

Any violation of these stipulations may also result in contractor’s name being removed from the

Office of Purchasing registered vendor list, and the County not doing business with the contractor until such time as the County has been reimbursed for all re-procurement costs.

14. Service and Warranty: Unless otherwise specified, the offeror shall define any warranty service and replacements that will be provided at no cost to the County during and subsequent to the contract term.

15. Condition and Packaging: All items shall be a new, current standard production model available at the time of the solicitation. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.

16. Safety Standards: Unless otherwise stipulated in the solicitation, all manufactured items and fabricated assemblies shall comply with applicable requirements, standards, and regulations of the Occupational Safety and Health Act (OSHA).

17. Delivery: Delivery shall be Monday through Friday during regular business hours, excluding

County designated holidays, unless otherwise specified. Unless a date is specified, contractor must provide the number of days required to make delivery after receipt of purchase order. The

County may utilize delivery time as a factor for recommending the award.

18. Inspection, Acceptance and Title: Inspection and acceptance will be at “the place of destination” unless otherwise provided. Title and risk of loss or damage to all items shall be the responsibility of the contractor until accepted by the County, unless loss or damage results from negligence by the County. The contractor shall be responsible for filing, processing, and collecting all damage claims.

19. Samples: Samples of items shall be furnished at no expense to the County. If not destroyed and upon written request, samples will be returned at the contractor’s expense. Each sample shall be labeled with the contractor’s name, manufacturer’s brand name, and serial number (as appropriate), solicitation number, and item reference. Requests to return samples must be received within 10 days after the solicitation opening date and must be accompanied by instructions with the applicable shipping authorization number and name of carrier. If instructions are not received, sample items become the sole property of the County and may be disposed of at the County’s discretion.

20. Protests: Any actual bidder/proposer who is aggrieved in connection with a pending award may submit a protest in writing to the Purchasing Director within two business days after the posting of the award recommendation as provided in Sec. 46-100, Escambia County Code of Ordinances.

21. Solicitation Expenses: The County accepts no responsibility for any expenses incurred by the offeror in the solicitation preparation and submittal as well as any other requirements as may be specified in the solicitation. All such expenses are borne solely by the offeror.

22. Taxes: Escambia County does not pay Federal Excise and Sales taxes on direct purchases of tangible personal property. See exemption number on face of purchase order. This exemption does not apply to the purchases of tangible personal property by contractors who use the tangible personal property in the performance of contracts for the improvement of County owned real property.

23. Invoicing and Payment: Payments shall be made in accordance with the Local Government

Prompt Payment Act, §§218.70, et seq., Florida Statutes, as amended.

24. Improper Invoice; Resolution of Disputes: Improper invoices for construction services and non-construction services will be processed in accordance with Sections 218.735(2)-(5) and

218.736(1), Florida Statutes, respectively. In the event a dispute occurs between a contractor and the County concerning payment of an original invoice, such dispute shall be finally determined by the County pursuant to the County’s Dispute Resolution Procedure established in accordance with

Section 218.76(2), Florida Statutes.

25. Conflict of Interest: The offeror represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. The offeror further represents that no person having any such interest shall be employed by it during the agreement term and any extensions. The offeror shall promptly notify the Purchasing Director, in writing, of any potential conflict of interest which may influence or appear to influence the contractor’s judgment or quality of services.

26. Contingent Fees: The offeror warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the offeror to solicit and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the offeror any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of an agreement. For the breach or violation of this provision, the County shall have the right to terminate any resulting contract without liability and at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration.

27. Code of Ethics; Gifts: The award hereunder is subject to the provisions of Chapter 112, Part III, Florida Statutes, regarding the Code of Ethics for Public Officers and Employees, and the Escambia

County Code of Ethics Policy. Contractors are required to promptly disclose to the Purchasing

Director any gifts or gratuities offered to or solicited by any County employee or public officer.

The right of the contractor to proceed may be terminated by the County if, after notice and hearing, the Purchasing Director determines that the contractor, its agent, or another representative offered or gave a gratuity, including, but not limited to, money, services, travel, entertainment, or gifts to an officer, official, or employee of the County under circumstances where it may be reasonably inferred that the action of the contractor was intended to obtain a contract or favorable treatment under a contract. If the resulting contract is terminated under this clause, the County will be entitled to pursue all available legal remedies, including an action for breach of contract. The rights and remedies of the County provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

28. Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items prior to delivery, it shall be the responsibility of the contractor to provide written notice to the

Office of Purchasing identifying the applicable restrictions or regulation(s) that necessitate the alteration. The County reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no further expense to the County.

29. Legal Requirements: This solicitation shall be conducted in accordance with the provisions of the

Escambia County Purchasing Ordinance, and all applicable laws and regulations of the State of

Florida and the Escambia County Code of Ordinances shall apply to any resulting contract.

Applicable provisions of all federal, state, and local laws, ordinances, rules, and regulations shall govern development, submittal, and evaluation of all offers received in response hereto and shall govern any and all claims and disputes which may arise regarding this solicitation or any resulting contract; and lack of knowledge by any offeror shall not constitute a cognizable defense against the legal effect thereof.

30. Compliance with Laws: The contractor agrees to comply with all applicable federal, state and local laws, rules, policies, or guidelines related to this offer and the performance of any resulting contract, including, but not limited to, the requirements of the Americans with Disabilities Act

(ADA), the Occupational Safety and Health Act (OSHA), the Equal Employment Opportunity (EEO)

Act, and the Illegal Immigration Reform and Immigrant Responsibility Act, as amended, (8 U.S.C.A.

§1324a).

31. Patents and Royalties: In addition to any other indemnification obligation, the contractor shall hold harmless, indemnify and defend the County and its officers, agents, and employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the offeror.

The contractor has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by contractor or is based solely and exclusively upon the County’s alteration of the article. The

County will provide prompt written notification of a claim of copyright or patent infringement and will afford the contractor full opportunity to defend the action and control the defense. Further, if such a claim is made or is pending, the contractor may, at its option and expense, procure the right to continue use of, replace or modify the article to render it non-infringing. (If none of the alternatives are reasonably available, the County agrees to return the article on request to the contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.) If the contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood that the offered prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.

32. Public Records: Any documents submitted in response to this solicitation may be subject to disclosure pursuant to the provisions of Florida’s Public Records Act, Chapter 119, Florida

Statutes. contractor waives any claim of confidentiality upon submission of its offer. Records that are exempt or exempt and confidential will not be disclosed to any third-party except as authorized by law. Pursuant to Section 119.071 (1)(b)-2., Florida Statutes, sealed bids, proposals, or replies received by the County pursuant to a competitive solicitation are exempt from public disclosure until such time as the County provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

33. Equal Employment Opportunity: In the performance of the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or physical handicap.

34. Contractor Personnel: The County shall, throughout the term of the contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the contractor. If the County reasonably rejects staff or subcontractors, the contractor shall provide replacement staff or subcontractors satisfactory to the County in a timely manner and at no additional cost to…