boynton beac hRFQ No 26-094Q - Final.pdf

Procurement Services | City of Boynton Beach & Boynton Beach CRA

REQUEST FOR QUALIFICATIONS

RFQ No. 26-094Q

PREQUALIFICATION OF CONTRACTORS FOR A

CONTRACTOR VENDOR POOL FOR RESIDENTIAL HOME REPAIRS

A Joint Solicitation of the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (BBCRA), issued pursuant to an Interlocal Agreement authorized under Section 163.01, Florida

Statutes.

ELECTRONIC SUBMISSION ONLY — Boynton-beach.bidsandtenders.net

This solicitation includes work funded by federal (CDBG), state (SHIP), and BBCRA tax-increment sources.

PUBLISH DATE PRE-QUALIFICATION

CONFERENCE (NON-

MANDATORY)

ALL QUESTIONS DUE QUALIFICATION

PACKAGES DUE

August 9, 2026 August 21, 2026

10:00 A.M. (Local Time)

City Hall, Room 115

100 E. Ocean Avenue

August 31, 2026

3:00 P.M. (Local Time) via bids&tenders only by September 10, 2026 by 3:00 P.M. (Local Time) via bids&tenders only

NOTICE: THIS SOLICITATION ESTABLISHES A PREQUALIFIED POOL. IT DOES NOT AWARD ANY

WORK.

Prequalification under this RFQ does not create a contract, does not guarantee any work, and does not entitle any firm to any minimum volume of projects or payment. Firms admitted to the pool receive a Letter of Prequalification (Exhibit B, Part 1) and sign an Acknowledgement of Pool Terms (Exhibit B, Part 2). Binding obligations arise only upon issuance of a Work Order, Purchase Order, and Notice to Proceed (Track A) or a fully executed Direct-Payment Order (Track B). See Sections 1.16 and 2.3.

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SOLICITATION CONTACT

All questions and communications concerning this solicitation must be directed through the e-procurement system to the Procurement Services representative identified below. Contact with any other City or BBCRA personnel during the solicitation, evaluation, and approval process may be grounds for elimination from consideration. See Section 1.17.

SOLICITATION CONTACT DETAIL

Name and title Andrew Rozwadowski, Procurement Director, Procurement Services

Telephone (561) 742-6322

Email RozwadowskiA@bbfl.us

Submit questions Through Boynton-beach.bidsandtenders.net only, using the "Submit a Question" function for this solicitation

CONTENTS OF THIS SOLICITATION

PART TITLE

Section I Instructions to Offerors — Submission Requirements

Section II Scope of Work (Services), Delivery Tracks, Trade Disciplines, and Program Expansion

Section III Submission of Qualification Package

Section IV Evaluation of Qualification Packages and Approval of the Pool

Section V Standard General Terms and Provisions

Section VI Special Conditions

Section VII Federal and State Grant Requirements; Funding Source Applicability Matrix

Exhibit A Additional General Conditions of Construction (Track A — City-Contracted Work only)

Exhibit B Part 1 — Form of Letter of Prequalification; Part 2 — Acknowledgement of Pool Terms and Grant Compliance Agreement; Part 3 — Funding Source Rider Template

Exhibit C Grant Program Direct-Payment Order — the "Direct-Payment Order" (Track B — Grant Direct- Payment Work only)

Exhibit D Contractor Application

Exhibit E HUD / CDBG Federal Certification Forms (applicability limited — see Sections 7.4 and 7.5)

Exhibit F Required Affidavits

Appendix A Contractor Performance Evaluation Form

Procurement Services | City of Boynton Beach & Boynton Beach CRA

Tabel of Contents

SOLICITATION CONTACT

CONTENTS OF THIS SOLICITATION

NOTICE TO OFFERORS

Joint Issuance

Scope Summary

Obtaining Documents

Questions

Non-Mandatory Pre-Qualification Conference

Public Records

SECTION I — INSTRUCTIONS TO OFFERORS; SUBMISSION REQUIREMENTS

1.1 Definitions

1.2 Procurement Method

1.3 Online e-Procurement System (bids&tenders)

1.4 Questions, Addenda, and Interpretations

1.5 Examination of Documents; Mistakes

1.6 Required Forms and Uploads

1.7 Causes for Rejection; Withdrawal

1.8 Rights of the Agencies

1.9 Protest Procedure

1.10 Minimum Standards of Responsibility

1.11 Disqualification

1.12 Licenses, Certifications, and Permits

1.13 Subcontracting

1.14 Trade Secrets and Public Records

1.15 Conflict of Interest, Gifts, and Anti-Kickback

1.16 Effect of Prequalification — No Contract, No Guarantee of Work

1.18 Acknowledgement of the City's Right to Terminate for Convenience

1.17 Lobbying and Cone of Silence

SECTION II — SCOPE OF WORK (SERVICES)

2.1 Introduction and Purpose

2.2 Background

2.3 Two Delivery Tracks

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2.4 Trade Disciplines and Licensing Matrix

2.4.1 Value Tiers

2.5 Term of the Pool; Single Submission Window; Reopening at Renewal

2.5.1 Reopening at the End of the Initial Term

2.5.2 Roster

2.5.3 Transition; Effect on Any Prior List

2.6 Pool Size; No Maximum Number of Firms

2.7 Project Quote Request Process

2.8 Program Areas; Addition of Programs and Funding Sources

2.8.1 Current Programs

2.8.2 The Pool Is Program-Agnostic

2.8.3 Funding Source Riders

2.8.4 Addition and Removal of Trade Disciplines

2.8.5 Participation by Other Public Agencies

2.9 Housing Rehabilitation Program Requirements (Track A)

2.9.1 Core Responsibilities

2.9.2 Technical Performance Standards

2.9.3 Project Management and Delivery

2.10 BBCRA Residential Improvement Grant Program (Track B)

2.11 Minimum Requirements for Prequalification

2.12 Additional Grounds for Disqualification

2.13 Special Provisions for the Contractor Pool

2.13.1 Process

2.14 Warranty — All Tracks and All Programs

2.15 Close-Out Documentation — All Tracks

SECTION III — SUBMISSION OF QUALIFICATION PACKAGE

3.1 General Requirements

3.2 Required Submission Documents

3.3 Detailed Qualification Package

3.3(a) Letter of Interest

3.3(b) Financial Capacity

3.3(c) Project Experience and Technical Capability

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3.3(d) References and Past Performance

3.3(e) Minority, Women-Owned, Small, and Labor Surplus Area Business Status — Reporting

SECTION IV — EVALUATION OF QUALIFICATION PACKAGES AND APPROVAL OF THE POOL

4.1 Responsiveness Review

4.2 Evaluation Committee

4.3 Evaluation Criteria and Weighting

4.4 Qualifying Threshold

4.5 Scoring Is Performed Separately for Each Trade Discipline

4.6 Qualitative Rating Guidelines

4.7 Requests for Clarification and Additional Information

4.8 Committee Meetings

4.9 Approval of the Pool — City Commission and BBCRA Board

4.10 Issuance of Letters of Prequalification

4.11 Interim Supplemental Window; Reinstatement; Tier Upgrades

4.11.1 Interim Supplemental Window — at the Agencies' Option

4.11.2 Reinstatement of a Suspended Firm

4.11.3 Tier Upgrade or Additional Discipline for an Existing Pool Member

4.12 Notice of Determination

SECTION V — STANDARD GENERAL TERMS AND PROVISIONS

5.1 Familiarity and Compliance with Laws, Codes, and Regulations

5.2 Non-Collusion

5.3 Public Entity Crimes; Discriminatory Vendor List; Scrutinized Companies

5.4 Federal, State, and Local Taxes

5.5 Statutory Certifications and Affidavits

5.6 Purchase Order Required (Track A)

5.7 Occupational Safety and Health

5.8 Palm Beach County Inspector General

5.9 Venue and Governing Law

5.10 Non-Discrimination and Equal Employment Opportunity

5.11 Public Records

5.12 Disputes

5.13 Legal Expenses; No Third-Party Beneficiaries

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5.14 Non-Exclusive

5.15 Documentation of Costs

5.16 Business Information; Joint Ventures

5.17 Endorsements

5.18 Direct Owner Purchases (Track A only)

5.19 Enumeration and Precedence of Documents

SECTION VI — SPECIAL CONDITIONS

6.1 Assignment

6.2 Performance During an Emergency

6.3 Indemnification

6.4 Sovereign Immunity

6.5 Changes in the Work; Contract Price and Time (Track A)

6.6 Insurance Requirements

6.7 Force Majeure

6.8 Termination (Track A)

6.9 Inspection and Acceptance of Work (Track A)

6.10 Performance of Contractor; Performance Evaluation

6.11 Non-Appropriation and Funding Out

6.12 Contingency Fee

6.13 Work Extending Beyond the Term

6.14 Successors and Assigns

6.15 Extension of the Pool Term

6.16 Remedies

SECTION VII — FEDERAL AND STATE GRANT REQUIREMENTS

7.1 Purpose and Structure of This Section

7.2 Funding Source Applicability Matrix

7.3 Federal Flow-Down Provisions (Federally Funded Projects Only)

7.4 Davis-Bacon Applicability — Important Limitation

7.5 Section 3 Applicability

7.6 Environmental Review (CDBG)

7.7 SHIP Program Requirements (State-Funded Projects)

7.8 Records Retention, Access, and Audit

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7.9 Cost and Price Reasonableness

7.10 Conflict with This Section

EXHIBIT A

ADDITIONAL GENERAL CONDITIONS OF CONSTRUCTION

Article 1 — Definitions

Article 2 — Contractor's Responsibilities

Article 3 — City's Responsibilities; Contract Administrator

Article 4 — Bonds

Article 5 — Insurance

Article 6 — Subcontractors

Article 7 — Changes in the Work

Article 8 — Uncovering and Correction of Work

Article 9 — Protection of Persons and Property

Article 10 — Time

Article 11 — Claims and Disputes

Article 12 — Payments

Article 13 — Warranty and Guarantee

Article 14 — Suspension and Termination

Article 15 — Liquidated Damages

Article 16 — Construction Liens; Notice of Commencement

Article 17 — Miscellaneous

EXHIBIT B

PART 1 — FORM OF LETTER OF PREQUALIFICATION

PART 2 — ACKNOWLEDGEMENT OF POOL TERMS AND

1. Incorporation of the RFQ

2. No Contract; No Guarantee of Work

3. Conditions of Continued Eligibility

3A. Termination for Convenience — Acknowledgement

4. Indemnification and Insurance

5. Grant Compliance — General

6. Federal Flow-Down Provisions

7. State Grant Requirements (SHIP)

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8. BBCRA-Funded Work

9. Funding Source Riders — Advance Agreement

10. Public Records

11. Records Retention and Audit Access

12. Statutory Certifications

13. Independent Contractor; No Agency

14. Sovereign Immunity

15. Assignment

16. Governing Law; Venue

17. Term; Revocation; Survival

18. Entire Understanding as to Pool Terms

PART 3 — FUNDING SOURCE RIDER (TEMPLATE)

A. Compliance Requirements and Thresholds

B. Wage, Payroll, and Reporting Obligations

C. Procurement Method Variations

D. Additional Certifications, Affidavits, or Registrations

E. Records Retention

EXHIBIT C

GRANT PROGRAM DIRECT-PAYMENT ORDER

1. Parties and Property

2. Underlying Improvement Contract

3. Scope and Amount

4. Direct-Payment Authorization and Assignment

5. Conditions to Payment

6. Agency's Sole Obligation; Appropriation

7. Disclaimers

8. Independent Contractor; No Agency

9. Contractor Acknowledgements

10. Public Records

11. Miscellaneous

EXHIBIT D

CONTRACTOR APPLICATION

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Part 1 — Firm Information

Part 2 — Trade Disciplines and Value Tiers Requested

Part 3 — Licenses and Certifications

Part 4 — Ownership and Control

Part 5 — Insurance

Part 6 — Key Personnel

Part 7 — Capacity

Part 8 — References

Part 9 — Financial Capacity

Part 10 — Required Disclosures

Part 11 — Business Status Reporting (No Evaluation Points Awarded)

Part 12 — Proposed Subcontractors

Part 13 — Certification

EXHIBIT E

HUD / CDBG FEDERAL CERTIFICATION FORMS

E.1 Forms to Be Compiled and Maintained by the Community Development Department

E.2 Action Required Before This Solicitation Is Published

EXHIBIT F

REQUIRED AFFIDAVITS

Instructions

AFFIDAVIT NO. 1

AFFIDAVIT NO. 2

A. Applicable to a contract of any amount

B. Applicable to a contract of one million dollars ($1,000,000) or more

AFFIDAVIT NO. 3

A. Access to personal identifying information — check one

B. Certifications under Section 287.138, Florida Statutes

AFFIDAVIT NO. 4

AFFIDAVIT NO. 5

AFFIDAVIT NO. 6

APPENDIX A

CONTRACTOR PERFORMANCE EVALUATION FORM

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Instructions

Performance Indicators

Narrative

Procurement Services Use Only

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ADVERTISEMENT NOTICE TO OFFERORS

Electronic Qualification Packages in response to this Request for Qualifications ("RFQ") shall be received by the City's e-procurement system no later than the date and time stated on the cover page of this solicitation. The e-procurement system does not permit packages to be received after the stated date and time. Offerors are advised to allow sufficient time to complete the online submission and to resolve any issues that may arise.

The e-procurement system will electronically acknowledge receipt of each package, and receipt will be publicly recorded. Because this solicitation requests qualifications only and contains no pricing, no public bid opening will be conducted.

Joint Issuance

This RFQ is issued jointly by the City of Boynton Beach ("City") and the Boynton Beach Community Redevelopment Agency ("BBCRA"), acting pursuant to an Interlocal Agreement authorized under Section 163.01, Florida Statutes (the Florida Interlocal Cooperation Act). The City's Procurement Services Division administers this solicitation on behalf of both agencies.

Throughout this RFQ, references to "the City" include the BBCRA with respect to work performed under any BBCRA-funded program, and references to "the Agencies" mean the City and the BBCRA collectively.

The City and the BBCRA are separate legal entities; neither is liable for the obligations of the other, and each retains all rights, privileges, defenses, and limitations of liability available to it under Section 768.28, Florida Statutes.

Scope Summary

The Agencies seek qualification packages to jointly establish a pool of prequalified contractors to perform residential home repairs, storm-hardening improvements, and exterior beautification work under the programs identified in Section II. Trade disciplines are listed in the Trade Discipline and Licensing Matrix at Section 2.4.

It is the intent of the Agencies to prequalify as many responsive, responsible firms as possible in each trade discipline. There is no limit on the number of firms admitted per trade discipline. Admission to the pool is an acknowledgement that the firm has satisfied the prequalification criteria for the trade discipline(s) for which it applied — nothing more.

This solicitation is the one window to submit a qualification package for the initial term. Applications are accepted only during the submission period stated on the cover page. The pool does not remain open during the term. At or before the end of the initial three-year term the Agencies will reopen the submission window, and all firms wishing to participate in the renewal term — including firms then in the pool — must submit a new qualification package. See Sections 2.5 and 2.5.1. The Agencies may open a limited interim supplemental window during the term where coverage in a trade discipline requires it, as provided in Section 4.11.1.

Obtaining Documents

To obtain documents, visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. Interested parties may preview the solicitation documents with a preview watermark before registering for the opportunity.

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Questions

All questions must be submitted through the e-procurement system only, using the "Submit a Question" function for this solicitation, no later than the date stated on the cover page. No oral interpretation is binding.

Non-Mandatory Pre-Qualification Conference

A non-mandatory pre-qualification conference will be held at the date, time, and location stated on the cover page. The purpose of the conference is to review the qualification requirements, the two delivery tracks described in Section 2.3, the submission process, and any other relevant matter. No oral representation made at the conference is binding. If any matter discussed requires, in the City's judgment, an addition, deletion, or clarification to this solicitation, the City will issue a written addendum.

Public Records

Pursuant to Section 119.071(1)(b), Florida Statutes, qualification packages received in response to this

RFQ are exempt from public records disclosure until thirty (30) days after the packages are opened, or until the Agencies provide notice of an intended decision, whichever occurs earlier.

For purposes of that exemption, and because no public bid opening is conducted: a qualification package submitted by the initial submission deadline is deemed "opened" on the closing date and time recorded by the e-procurement system; a package submitted in an interim supplemental window under Section

4.11.1 is deemed "opened" on the closing date and time of that window; and the Notice of Determination issued under Section 4.12 is the "notice of an intended decision" for purposes of Section 119.071(1)(b), Florida Statutes.

Offerors are advised that financial information submitted under Section 3.3(b) becomes a public record upon expiration of the exemption. See Section 1.14 regarding trade secrets.

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SECTION I — INSTRUCTIONS TO OFFERORS; SUBMISSION REQUIREMENTS

1.1 Definitions

The following terms have the meanings stated below wherever they appear in this RFQ or in any resulting instrument.

TERM MEANING

Acknowledgement The Acknowledgement of Pool Terms and Grant Compliance Agreement at Exhibit B, Part 2. After first use, this RFQ refers to it as "the Acknowledgement."

Addendum A written instrument issued by the City before the submission deadline that clarifies, corrects, or changes this solicitation.

Business day Any day other than a Saturday, Sunday, or holiday observed by the City. All day counts in this RFQ are stated in business days or calendar days, and where a period is stated in days without qualification it means calendar days.

Agencies The City of Boynton Beach and the Boynton Beach Community Redevelopment Agency, collectively.

BBCRA The Boynton Beach Community Redevelopment Agency, a separate legal entity created under Part III, Chapter 163, Florida Statutes.

City The City of Boynton Beach, Florida, a municipal corporation of the State of Florida.

Contract Administrator The Department Director, or an employee expressly designated in writing by the Director, who acts as the representative of the City or the BBCRA with respect to a particular project. This RFQ uses the single term "Contract Administrator"; the term "Contract Manager" is not used.

Contractor A firm admitted to the Contractor Vendor Pool under this RFQ. Also referred to as a Pool Member. Where a provision of Section V or Section VI applies before admission, it is stated to apply to an "Offeror."

Major irregularity A deficiency that affects the price, quality, quantity, or delivery of the services, or that gives an Offeror a competitive advantage, or the omission of a required affidavit or certification. A major irregularity may not be waived. Any other deficiency is a minor irregularity, technical error, or informality, which the Agencies may waive under Section 1.7.

Defective Work that is unsatisfactory, faulty, or deficient, does not conform to the applicable project documents, or does not meet the requirements of any applicable inspection, standard, test, or approval.

Direct-Payment Order The instrument at Exhibit C, formally titled "Grant Program Direct-Payment Order," executed by the property owner, the Contractor, and the City or BBCRA, that authorizes disbursement of grant proceeds on Track B. This RFQ uses the short form "Direct-Payment Order" in narrative text. Replaces all prior references to a "Grant Program Direct-Payment Order Form."

Director of Procurement Services

The Director of the City's Procurement Services Division, or designee. This RFQ uses this single title; the terms "Purchasing Director" and "Purchasing Manager" are not used.

Final Completion The point at which all Work under a Work Order, including all punch list items, has been completed, all close-out documentation required by Exhibit A, Article 12.10 has been delivered, and the Contract Administrator has accepted the Work in writing. On

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TERM MEANING

Track B, the corresponding event is the property owner's written acceptance under Exhibit C, Section 5(a).

Evaluation Committee Staff of the City and the BBCRA, and any outside subject-matter experts, assigned to evaluate qualification packages.

Letter of Prequalification The letter at Exhibit B by which the Agencies notify a firm of its admission to the pool for one or more trade disciplines.

Notice of Determination The written notice issued under Section 4.12 stating the determination on an Offeror's qualification package. This is the "notice of an intended decision" for purposes of Section 119.071(1)(b), Florida Statutes.

Notice to Proceed (NTP) A written notice from the City fixing the date on which the Contractor shall begin performance of a Work Order.

Offeror Any individual, firm, or entity submitting a qualification package under this RFQ.

Pool The Contractor Vendor Pool for Residential Home Repairs established under this RFQ.

Project Quote Request The project-level request by which the Agencies solicit competitive quotes from Pool Members in an applicable trade discipline. This is the sole term used for a project-level solicitation under this RFQ, whether the project is quoted informally or competed through a project-specific Invitation to Bid under Section 2.4.1.

Qualification Package An Offeror's complete submission in response to this RFQ.

Responsible Capable of fully performing the requirements of this RFQ, with the integrity, reliability, capacity, experience, equipment, and financial resources to assure good-faith performance.

Responsive Conforming in all material respects to the requirements of this RFQ.

Subcontractor Any person or entity, other than an employee of the Contractor, that contracts with the Contractor to furnish labor, or labor and materials, in connection with the Work.

Track A / Track B The two delivery models described in Section 2.3. Track A is City-Contracted Work.

Track B is Grant Direct-Payment Work.

Work All labor, materials, equipment, and services required of the Contractor under a Work Order or a Direct-Payment Order.

Work Order The instrument describing the scope, price, and time for a specific Track A project, issued with a Purchase Order and Notice to Proceed.

1.2 Procurement Method

A Request for Qualifications is a method of procurement that permits discussion with responsible Offerors, and revision of qualification packages, prior to a determination of qualification. This RFQ evaluates each Offeror's expertise, skills, experience, capacity, and past performance.

Pricing is not requested and shall not be submitted with a qualification package. Any qualification package containing pricing for the work described in Section II may be rejected. All pricing is established at the project level through the Project Quote Request process described in Section 2.7.

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1.3 Online e-Procurement System (bids&tenders)

The City uses an electronic e-procurement system to distribute solicitation documents and receive submissions. Hardcopy submissions are not permitted. All qualification packages shall be submitted in English.

• Timing of a submission is determined by when it is RECEIVED by the e-procurement system, not when transmission begins. Transmission may be delayed by file size or connection speed.

• The e-procurement system's web clock governs the closing date and time. Late submissions are not permitted by the system.

• The system sends a confirmation email upon successful submission. An Offeror that does not receive confirmation should contact support@bidsandtenders.net.

• Offerors experiencing technical difficulty should contact bids&tenders support at least twenty-four

(24) hours before the closing date and time.

• An Offeror that obtained this solicitation from a source other than bids&tenders must register with bids&tenders as a plan taker to receive addenda and updates.

Public notice and minimum time to respond. As required by the City's Purchasing Policy, public notice of this solicitation is given not less than fourteen (14) calendar days before the closing date, and includes publication on the Palm Beach County website for public notices at pbcfllegalnotices.com in addition to posting through the e-procurement system. Questions will be due not less than seven (7) calendar days before the closing date. A supplemental application window opened for a new trade discipline under Section 2.8.4 will likewise remain open for not less than fourteen (14) calendar days.

Format of uploads. Each numbered upload listed in Section 1.6 must be submitted as a separate searchable PDF not exceeding fifty (50) megabytes. The narrative required by Section 3.3 shall not exceed twenty (20) pages, exclusive of licenses, certificates, insurance certificates, financial statements, affidavits, and completed forms. A company brochure, if submitted, shall not exceed ten (10) pages and is not scored separately.

All expenses of preparing and submitting a qualification package are borne by the Offeror. Issuance of this RFQ does not commit the Agencies to admit any firm to the pool, to award any work, or to pay any cost incurred in responding.

1.4 Questions, Addenda, and Interpretations

Questions and requests for clarification must be submitted in writing through the e-procurement system only, by clicking "Submit a Question" for this solicitation, no later than the date stated on the cover page.

Responses to questions, interpretations, and supplemental instructions will be issued only as written addenda posted through bids&tenders. No verbal interpretation may be relied upon. Failure of an Offeror to receive an addendum does not relieve the Offeror of any obligation.

It is the responsibility of each Offeror to confirm that it has received all addenda. Offerors should check bids&tenders before submitting and up until the closing date and time. Offerors shall acknowledge receipt of each addendum through the e-procurement system.

Important: If an Offeror submits a qualification package and an addendum is subsequently issued, the e-procurement system will WITHDRAW the submission and change its status to INCOMPLETE in the "My Bids" section. The Offeror is solely responsible for making any needed revisions, acknowledging the addendum, and ensuring the re-submitted package is received before the closing date and time.

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No negotiation, decision, or action shall be initiated by an Offeror as a result of any discussion with a City or BBCRA employee. Only written communications from the Procurement Services Division constitute a duly authorized expression on behalf of the Agencies.

1.5 Examination of Documents; Mistakes

By submitting a qualification package, an Offeror represents that it has examined this solicitation in its entirety, including all sections, exhibits, appendices, and addenda, and that it is familiar with the nature and extent of the work and the local conditions that may affect it. Failure to examine all pertinent documents does not entitle an Offeror to relief from any requirement and may result in rejection.

1.6 Required Forms and Uploads

The following fillable digital forms must be completed or acknowledged within the e-procurement system:

• Certification

• Vendor Drug-Free Workplace

• Qualification Statement

• References

• Scrutinized Companies List

• E-Verify Compliance

• Schedule of Subcontractors

• Firm's Primary Ownership

The following documents must be uploaded to the Document Upload section:

UPLOAD DOCUMENT

1 Complete Qualification Package as described in Section III

2 Completed Contractor Application (Exhibit D), including all attachments

3 Non-Collusive Affidavit and Acknowledgement

4 Scrutinized Companies Affidavit

5 Foreign Entity Ownership Affidavit

6 Anti-Human Trafficking Affidavit

7 Anti-Kickback Affidavit

8 E-Verify Affidavit

9 Proof of State-certified or County competency license(s) for each trade discipline applied for

10 Certificate of Insurance evidencing the coverages required by Section 6.6

11 Financial capacity documentation per Section 3.3(b), at the tier applicable to the trade discipline(s) applied for

12 Internal Revenue Service Form W-9

13 Signed Acknowledgement of Pool Terms and Grant Compliance Agreement (Exhibit B, Part 2)

Each affidavit and form must bear the signature of a representative authorized to bind the Offeror.

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Where to find the affidavits, and what not to complete twice.

The affidavits required by uploads 3 through 8 are provided at Exhibit F to this RFQ and are also available as fillable forms in the Document Upload section of bids&tenders. Either version is acceptable.

Two subjects appear on both lists above. Completing the Scrutinized Companies Affidavit satisfies the online "Scrutinized Companies List" form, and completing the E-Verify Affidavit satisfies the online "E- Verify Compliance" form. Neither needs to be completed twice.

1.7 Causes for Rejection; Withdrawal

A qualification package may be rejected if, in the judgment of the Agencies, it is incomplete, contains inadequate documentation, or contains any alteration, erasure, or interlineation that renders it unreliable. A package may also be rejected if the Offeror fails to respond to any item required by this RFQ.

Where the Agencies determine that collusion exists among Offerors, the packages of the Offerors involved will be rejected and the matter referred to the appropriate authorities. The Agencies may reject all packages where the integrity of the process cannot otherwise be preserved.

The Agencies may waive a minor irregularity, technical error, or informality in any package received, and may not waive a major irregularity. Both terms are defined in Section 1.1. The Agencies further reserve the right to reject any or all packages, to re-advertise, or to take any other action deemed to be in the best interest of the Agencies.

An Offeror may withdraw its package at any time before the submission deadline. The withdrawal request must be made through bids&tenders by the same person who signed the submission. After the deadline, no package may be withdrawn. Because this solicitation contains no pricing, no period of irrevocability applies.

A "No Submittal" response may be submitted through the e-procurement system.

1.8 Rights of the Agencies

The Agencies reserve the right to:

• Reject any or all qualification packages.

• Cancel or reissue this solicitation, in whole or in part, at any point in the procurement process.

• Extend the submission deadline by addendum.

• Waive any defect, irregularity, or informality in the procurement process.

• Request additional information or clarification from any Offeror, on terms accorded fairly and equally to all Offerors.

• Procure any of the services described herein by other lawful means, including a State of Florida contract under Section 287.042, Florida Statutes, or a cooperative purchasing agreement.

• Award other contracts for services within the scope of this solicitation where the specifications or scope differ substantially from this solicitation.

• Add or remove trade disciplines, and add funding sources and programs, in accordance with Section 2.8.

• Include additional provisions in any resulting instrument where the Agencies determine inclusion to be in the public interest.

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1.9 Protest Procedure

Protest procedures are set forth in Section XVI of the City of Boynton Beach Purchasing Policy Manual, which governs. This Section restates those procedures for the convenience of Offerors and does not modify them.

Any actual or prospective Offeror or contractor with a substantial interest who is aggrieved in connection with this solicitation or an award may protest in writing to the Finance Director or the Director of Procurement Services, or designee. A protest must identify this solicitation, must specifically describe the subject matter and the facts giving rise to the protest, and is effective on the date it is received by the Director of Procurement Services.

Delivery address: Director of Procurement Services, City of Boynton Beach, Procurement Services Division, 100 East Ocean Avenue, Boynton Beach, Florida 33435. Protests must be filed during normal business hours.

Protest bond. A protest must be filed together with a bid protest cash bond in an amount equal to five percent (5%) of the bid or five thousand dollars ($5,000.00), whichever is less. Because this solicitation requests no pricing, the bid amount cannot be determined, and the Purchasing Policy provides that in that circumstance the protest is filed with the Director of Procurement Services, who will establish the bond amount consistent with the Policy. An Offeror intending to protest should contact Procurement Services to confirm the bond amount and acceptable form of payment before filing. The bond will be refunded to the protester if the protest is upheld.

Upon receipt, the Director of Procurement Services will immediately deliver the protest to the City Attorney with a memorandum setting forth the facts and circumstances. If the protest is not resolved by mutual agreement, the City Attorney, in consultation with the Director of Procurement Services, will make a recommendation to the City Manager, who will issue a written decision to the protester, or who may request that the City Attorney render the written decision. The City Manager has authority to settle and resolve a protest.

• A protest relating to the terms, conditions, or specifications of this RFQ must be received before the qualification package submission deadline.

• A protest relating to any other matter, including a determination of qualification or non-qualification, must be received no later than three (3) regular business days after the date of notification of the determination by Procurement Services staff.

Applications submitted in an interim supplemental window. For an application submitted in an interim supplemental window opened under Section 4.11.1, a protest relating to the terms, conditions, or specifications of this RFQ must be received before that Offeror submits its application. A protest relating to the determination on that application must be received no later than three (3) business days after the date of the Notice of Determination.

Failure to file a timely protest constitutes a waiver of the right to protest and of any further administrative remedy.

1.10 Minimum Standards of Responsibility

In determining whether an Offeror has met the standard of responsibility, the Agencies will consider whether the Offeror has:

• The financial, material, equipment, facility, and personnel resources and expertise, or the demonstrated ability to obtain them, necessary to perform.

• A satisfactory record of performance.

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• A satisfactory record of integrity.

• Legal qualification to contract in the State of Florida and to do business in the City of Boynton Beach.

• Supplied all information requested in connection with any inquiry concerning responsibility.

The Agencies will not accept a qualification package from, and will not admit to the pool, any firm that is in arrears to the City or the BBCRA on any debt or contract, that has defaulted as surety or otherwise on any obligation to either agency, or that either agency has determined to be irresponsible or unreliable.

1.11 Disqualification

More than one qualification package from the same individual, firm, partnership, corporation, or association, whether under the same or different names, will not be considered for the same trade discipline in the same evaluation cycle.

This paragraph does not bar an application submitted in a different interim supplemental window under Section 4.11.1, a request for a tier upgrade or an additional trade discipline under Section 4.11.3, or a submission in the reopened window under Section 2.5.1. A firm applying for several trade disciplines submits one package identifying each discipline, as provided in Section 3.1.

An Offeror shall be automatically disqualified if it is:

• Not licensed to perform the work of the trade discipline(s) applied for.

• Ineligible under Section 287.133, Florida Statutes (Public Entity Crimes).

• Listed on the convicted vendor list, the discriminatory vendor list, or the System for Award Management (SAM) government-wide exclusions list.

An Offeror may additionally be disqualified for:

• Poor performance, default, or previous removal from a City or BBCRA prequalification list.

• Poor performance or default on a contract with another public entity, where documented.

• Insufficient financial or organizational capacity to perform work in the trade discipline and value tier applied for.

SAM verification. PROCUREMENT SERVICES SHALL VERIFY EACH OFFEROR AGAINST THE SAM EXCLUSIONS LIST (I) BEFORE ADMISSION TO THE POOL AND (II) AGAIN BEFORE AWARD OF EACH INDIVIDUAL PROJECT. VERIFICATION RESULTS SHALL BE DOCUMENTED IN THE PROCUREMENT FILE.

1.12 Licenses, Certifications, and Permits

Each Offeror shall submit copies of all certificates of competency and licenses required for each trade discipline applied for, as specified in the Trade Discipline and Licensing Matrix at Section 2.4, issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the Offeror.

A Palm Beach County Local Business Tax Receipt is required unless specifically exempted by law. A City of Boynton Beach Business Tax Receipt is required before the Letter of Prequalification is issued, unless the Offeror is exempt under Section 205.065, Florida Statutes, which provides that a person regulated by the Department of Business and Professional Regulation who has paid the business tax where its permanent business location is maintained may not be required to pay a business tax to another municipality or county for work performed on a temporary or transitory basis. An Offeror claiming that exemption shall submit its home-jurisdiction receipt and a statement of the basis for the exemption.

A local business tax receipt will not be issued to a contractor who does not hold the state license or registration required for the work, as provided in Section 205.194, Florida Statutes. All licenses and receipts must be current and in effect.

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It is the Contractor's responsibility to obtain and maintain all licenses, certifications, and permits required to perform the work, at no additional cost to the Agencies, and to keep them current throughout the term of the pool including any renewal. Licenses and permits shall be available for review by Procurement

Services and City inspectors on request. Failure to maintain a required license or certification is grounds for suspension or removal from the pool under Section 2.13.

1.13 Subcontracting

An Offeror that intends to use subcontractors for any portion of the work shall identify each subcontractor, its address, and a contact person on the "Schedule of Subcontractors" form in the e-procurement system.

The Agencies reserve the right to reject any package that names a subcontractor which has previously failed to perform properly, failed to complete work of a similar nature on time, or is not licensed for the work proposed. The Agencies may inspect the facilities of any proposed subcontractor.

A subcontractor is equally subject to the licensing, insurance, and certification requirements of this RFQ.

The Contractor remains fully responsible to the Agencies for the acts and omissions of its subcontractors.

Consistent with 2 C.F.R. § 200.321, Offerors are encouraged to consider small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms in subcontracting opportunities. Where subcontracts are to be let on a federally funded project, the prime contractor shall apply the consideration elements set out in Section 7.3 to its subcontracts.

1.14 Trade Secrets and Public Records

Any language in a qualification package purporting to require confidentiality of the package, except to the extent that specific information constitutes a trade secret under Florida law, is void. An Offeror asserting an exemption must clearly designate the specific material claimed to be exempt and must identify the statutory basis for the exemption. The Agencies will make an initial determination whether an asserted exemption applies, subject to judicial review.

The Offeror agrees to defend, indemnify, and hold harmless the Agencies and their officers, employees, volunteers, and agents against any loss or damage arising from the Offeror's failure to designate exempt material properly, or from the Offeror's assertion of an exemption that is later determined not to apply.

EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS UNDER FLORIDA LAW, DO NOT MARK YOUR QUALIFICATION PACKAGE, OR ANY PART OF IT, AS PROPRIETARY, CONFIDENTIAL, OR COPYRIGHTED. A PACKAGE PURPORTING TO BE SUBJECT TO COPYRIGHT PROTECTION, IN WHOLE

OR IN PART, MAY BE REJECTED.

1.15 Conflict of Interest, Gifts, and Anti-Kickback

Each Offeror represents that it has no interest, and shall acquire no interest, direct or indirect, that would conflict with performance of the services contemplated by this RFQ, as provided in Chapter 112, Part III, Florida Statutes. Each Offeror shall disclose the name of any City or BBCRA employee, or relative of such an employee, who owns directly or indirectly an interest of ten percent (10%) or more in the Offeror or any of its branches.

No employee, officer, or agent of the City or the BBCRA may participate in the selection, award, or administration of a contract supported by a federal award if that person has a real or apparent conflict of interest, including where the person, a member of the person's immediate family, the person's partner, or an organization that employs or is about to employ any of them has a financial or other interest in, or

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An Offeror shall not have activities or relationships that (a) render it unable or potentially unable to render impartial assistance or advice to the Agencies, (b) impair its objectivity in performing the work, or (c) result in an unfair competitive advantage.

No Offeror shall offer a gratuity, favor, or anything of monetary value to any officer, employee, or agent of either agency. No officer, employee, or agent of either agency shall solicit or accept any such thing from an Offeror.

Each Offeror shall complete and submit the Anti-Kickback Affidavit at Exhibit F. Failure to submit this affidavit is a major irregularity as defined in Section 1.1, may not be waived, and is cause for rejection.

An Offeror shall disclose to the Agencies in writing all violations of federal criminal law involving fraud, bribery, or gratuity that potentially affect this solicitation. Failure to make required disclosures may result in withheld payments, termination, suspension, or debarment.

1.16 Effect of Prequalification — No Contract, No Guarantee of Work

This provision governs over any inconsistent statement elsewhere in this solicitation.

(a) Admission to the pool does not create a contract between a firm and the City or the BBCRA. Submission of a qualification package, and acceptance of that package by the Agencies, does not form a binding agreement.

(b) A Letter of Prequalification (Exhibit B) confirms only that a firm has satisfied the prequalification criteria for the trade discipline(s) stated in the letter. It conveys no scope of work, no price, no term of performance, and no exclusivity.

(c) The Agencies make no representation or warranty as to the number, size, value, or existence of any project that may be offered to the pool. No Pool Member is entitled to any project, to any minimum volume of work, or to any payment by reason of its admission to the pool.

(d) A binding obligation arises only upon (i) issuance of a fully executed Work Order, Purchase Order, and Notice to Proceed for Track A work, or (ii) a fully executed Direct-Payment Order (Exhibit C) for Track B work — and then only to the extent stated in that instrument.

(e) Removal, suspension, or placement on inactive status under Section 2.13 is an administrative determination of continued eligibility. It is not a termination of a contract and does not give rise to the notice, cure, or settlement rights that would attach to termination of an executed agreement.

(f) The Agencies may suspend, discontinue, or modify any program described in Section II, or decline to fund any project, at any time and for any reason, without liability to any Pool Member.

By signing the Acknowledgement of Pool Terms (Exhibit B, Part 2), a firm accepts this provision and agrees that its sole remedies with respect to the pool are as stated in this Section 1.16.

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1.18 Acknowledgement of the City's Right to Terminate for Convenience

This acknowledgement is required by the Purchasing Policy. Failure to provide it will result in a non-award.

The City of Boynton Beach Purchasing Policy Manual requires that contractors, and the subcontractors working for them, acknowledge within the solicitation package that the City has the right to terminate for convenience without litigation being pursued against the City.

By submitting a qualification package, and by executing the Acknowledgement of Pool Terms and Grant Compliance Agreement at Exhibit B, Part 2, each Offeror acknowledges and agrees that the City and the BBCRA each have the right to terminate any Work Order, Purchase Order, or Direct-Payment Order for convenience in accordance with Section 6.8, and that the Offeror will not pursue litigation against the City or the BBCRA by reason of a termination for convenience. The Offeror's remedy on a termination for convenience is payment for services properly rendered before the effective date of termination, as provided in Section 6.8.1.

The Offeror shall obtain the same acknowledgement from each subcontractor it engages on work under this pool, and shall furnish copies to Procurement Services on request.

1.17 Lobbying and Cone of Silence

Consistent with Chapter 2, Article VIII (Lobbyist Registration) of the Palm Beach County Code of

Ordinances, the City imposes a Cone of Silence. A Cone of Silence is imposed on each competitive solicitation as of the deadline to submit a response and remains in effect until the City Commission and the BBCRA Board award or approve the pool, reject all responses, or otherwise take action ending the solicitation process.

While the Cone of Silence is in effect, no Offeror or agent of an Offeror shall communicate, directly or indirectly, with any member of the City Commission, the BBCRA Board, or their staff, the City Manager, the BBCRA Executive Director, any employee authorized to act on behalf of either agency in relation to this solicitation, or any member of the Evaluation Committee, with the exception of the Director of Procurement Services or designee. Failure to abide by this provision may serve as grounds for disqualification, and any contract that violates the Cone of Silence is voidable. See Section 2-355, Palm Beach County Code of Ordinances.

The Cone of Silence does not apply to oral communications at any public proceeding, including the pre-qualification conference, oral presentations before the Evaluation Committee, negotiations conducted during a public meeting, presentations to the City Commission or the BBCRA Board, and protest hearings.

It does not apply to any dispute resolution process following the filing of a protest, or to written correspondence permitted by this solicitation.

CONTACT WITH ANY PERSONNEL OF THE CITY OR THE BBCRA OTHER THAN THE DESIGNATED

PROCUREMENT REPRESENTATIVE, DURING THE SOLICITATION, EVALUATION, AND APPROVAL

PROCESS, MAY BE GROUNDS FOR ELIMINATION FROM CONSIDERATION.

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SECTION II — SCOPE OF WORK (SERVICES)

2.1 Introduction and Purpose

The City of Boynton Beach and the Boynton Beach Community Redevelopment Agency, acting jointly pursuant to Section 163.01, Florida Statutes, seek qualification packages…