F21-052-ZG.pdf

Board of County Commissioners County Administrator

Dave Kerner, Mayor Verdenia C. Baker Robert S. Weinroth, Vice Mayor Maria G. Marino Gregg K. Weiss Maria Sachs Melissa McKinlay Mack Bernard Purchasing Department www.pbcgov.org/purchasing

BOARD OF COUNTY COMMISSIONERS

NOTICE OF SOLICITATION FOR FEDERALLY FUNDED GOODS/SERVICES

RPQ #F21-052/ZG

REQUEST FOR PRE-QUALIFICATION OF VENDORS FOR COMPUTERS, COMPUTER HARDWARE

AND PERIPHERAL EQUIPMENT, PURCHASE AND DELIVERY, TERM CONTRACT

SUBMISSION DATE: JULY 8, 2021 AT 4:00 P.M.

The published Request for Pre-Qualification submission time shall be observed for the initial Pre-Qualification of Vendor(s). NOTE: New vendors may submit their Request for Pre-Qualification at any time after the initial submission time in order to be evaluated by the Purchasing Department and added to the “Pre-Qualified” list of Vendors.

It is the responsibility of the Vendors to ensure that all pages are included. Therefore, all Vendors are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department Contact specified herein.

VENDORS SHALL PROVIDE A RESPONSE IN A SEALED PACKAGE OR CONTAINER SIGNED BY

AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE

TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR RESPONSE.

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

C A U T I O N

In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. As amendments to solicitations are issued, they will be posted under the applicable solicitation on VSS. It is the vendor’s sole responsibility to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of responses.

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

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

50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199

(561) 616-6800 http://www.pbcgov.org/purchasing https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

BOARD OF COUNTY COMMISSIONERS

Palm Beach County

REQUEST FOR PRE-QUALIFICATION

TITLE: REQUEST FOR PRE-QUALIFICATION OF VENDORS FOR COMPUTERS,

COMPUTER HARDWARE AND PERIPHERAL EQUIPMENT, PURCHASE AND

DELIVERY, TERM CONTRACT

BUYER: ZULMA GASCA PHONE (561) 616-6848

FAX (561) 242-6748 E-MAIL: zgasca@pbcgov.org

SUBMIT QUALIFICATION RESPONSES TO: PALM BEACH COUNTY PURCHASING DEPARTMENT, 50 S. MILITARY

TRAIL, SUITE #110, WEST PALM BEACH, FL 33415.

This Request for Pre-Qualification, General Conditions, Instructions to Respondent(s), Special Conditions, Specifications, Attachments, Amendments (if issued), and / or any other referenced document form a part of this Request for Pre-Qualification solicitation and response thereto, and by reference are made a part thereof. The Pre-Qualified Vendor(s) (hereinafter referred to as “Vendor” or “Contractor”) shall be bound by all terms, conditions and requirements in these documents.

PURPOSE AND EFFECT: It is the sole purpose and intent of this Request for Pre-Qualification to select a sufficient number of Vendors to provide Palm Beach County with goods and/or services as listed herein. The selected awardees are hereby placed on notice that acceptance of its Response by Palm Beach County shall constitute a binding contract.

GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR VENDORS

GENERAL CONDITIONS

1. GENERAL INFORMATION

Vendors are advised that this package constitutes the complete set of specifications, terms, and conditions, which in addition to the successful vendor's quotation based on a project by project basis, forms the binding contract between Palm Beach County and the successful vendor.

Changes to this Request for Pre-Qualification may be made only by written amendment issued by the County Purchasing Department. Vendors are further advised to closely examine every section of this document, to ensure that all sequentially numbered pages are present, and to ensure that it is fully understood. Questions or requests for explanations or interpretations of this document must be submitted to the Purchasing Department contact in writing in sufficient time to permit a written response prior to the published response submission time. Oral explanations or instructions given by any County agent are not binding and should not be interpreted as altering any provision of this document. Vendor certifies that its response is made without reliance on any oral representations made by the County.

2. LEGAL REQUIREMENTS

a. COMPLIANCE WITH LAWS AND CODES: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the vendor shall in no way be a cause for relief from responsibility. The successful vendor shall strictly comply with Federal, State and local building and safety codes.

Equipment shall meet all State and Federal Safety regulations.

Vendor certifies that all products (materials, equipment, processes, or other items supplied in response to this solicitation) contained in its response meets all ANSI, NFPA, and all other Federal and State requirements. Vendor further certifies that, if it is the successful vendor, and the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product into compliance shall be borne by the vendor.

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

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

b. DISCRIMINATION PROHIBITED: Palm Beach County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination.

Pursuant to Palm Beach County Resolution R-2017-1770, as may be amended, the successful vendor warrants and represents that throughout the term of the contract, including any renewals thereof, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered a default of contract.

Vendor and its contractors will comply with all applicable Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88- 352)which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§16811683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C.§794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i)

Rehabilitation Act of 1973 any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. Vendor shall comply with the Drug Free Workforce Act of 1988.

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

d. CRIMINAL HISTORY RECORDS CHECK: Pursuant to Palm

Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History Records Check Ordinance (“Ordinance”), the County will conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees of vendors, contractors, and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be either a critical facility (“Critical Facilities”) or a criminal justice information facility (“CJI Facilities”), which are critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2015-0572, as may be amended. In October 2013, compliance requirements of the U.

S. Federal Bureau of Investigations CJI Security Policy were added to the Ordinance, which includes a broad list of disqualifying offenses. The vendor is solely responsible for understanding the financial, schedule, and / or staffing implications of this Ordinance. Further, the vendor acknowledges that its response includes any and all direct or indirect costs associated with compliance with this Ordinance, except for the applicable FDLE / FBI fees that shall be paid by the County.

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

No premiums, rebates or gratuities are permitted; either with, prior to or after any delivery of material or provision of services.

Any such violation may result in award cancellation, return of materials, discontinuation of services, and / or debarment or suspension from doing business with Palm Beach County.

f. LOBBYING:

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

Vendors may, however, contact any County Commissioner, County Commissioner’s staff, or any employee authorized to act on behalf of the Commission to award a particular contract, via written communication, i.e., facsimile, e-mail or U.S. mail. Violations of the “Cone of Silence” are punishable by a fine of $250.00 per violation.

2. BYRD ANTI-LOBBYING AMENDMENT FOR GOODS OR

SERVICES EQUAL TO OR ABOVE $100,000:

(Certification Required – See Attachment A – Exhibit 2): Contractors who apply or respond for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

A completed certificate attached hereto titled Restrictions on Lobbying Certification (ATTACHMENT A - Exhibit 2) is required in vendor’s sealed Bid. Upon request, successful Vendor agrees to provide the County with subsequent certification(s) for it and/or its suppliers, subcontracts and sub-consultants after Contract award.

g. CONFLICT OF INTEREST / GIFT POLICY: The vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in a manner with the performance or services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes and the Palm Beach County Code of Ethics, Sections 2-441 through 2- 448 of the Palm Beach County Code. All vendors shall disclose the name of any County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the vendor’s firm or any of its branches.

The County's Code of Ethics, which applies to all County officials and employees, shall serve as the County’s conflict of interest policy for federal awards.

Additionally, 2 CFR 200.318(c)(1) requires disclosure of a potential conflict of interest and standards of conduct for “organizational conflicts of interest”, which may apply to non-profit sub-recipients of federal funds; and, gift requirements that are different from those included in the County's Code of Ethics.

As such, the following provisions shall also govern in those instances where federal funds are utilized for purchasing goods or services:

1. CONFLICT OF INTEREST: Notwithstanding any provision of Section 2-443 of the Ethics Code, no employee, officer or agent of the County may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or may receive a tangible personal benefit from a vendor considered for a County contract.

In addition, all federal criminal law violations involving fraud, bribery or gratuity that potentially affect a federal award are required to be disclosed in writing. Failure to make the required disclosures can result in withheld payments, award termination, suspension or debarment of the vendor.

2. ORGANIZATIONAL CONFLICT OF INTEREST: The vendor or contractor shall not have activities or relationships (a) causing the vendor or contractor to be unable, or potentially unable, to render impartial assistance or advice to the County; (b) impairing the vendor's or contractor's objectivity in performing the contract work; or

(c) resulting in an unfair competitive advantage.

3. GIFT POLICY: Notwithstanding any provision of the Ethics

Code, no vendor, contractor or subcontractor who submits a response, is a party to, or receives a benefit from, this solicitation or the resulting contract shall offer a gratuity, favor, or anything of monetary value to any officer, employee, or agent of the County. Further, no officer, employee, or agent of the County shall solicit or accept, a gratuity, favor, or anything of monetary value from a vendor, contractor or subcontractor who submits a response, is a party to, or receives a benefit from, this solicitation or the resulting contract.

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

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

j. PUBLIC RECORDS, ACCESS, AUDITS AND

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

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

The vendor shall maintain all records pertaining to the procurement of the goods or services paid with federal funds for a period of five (5) years from the date of submission of the final expenditure report for the entire federal allocation or, for federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the federal awarding agency or pass-through entity. The County shall have access to such records as required in this Section for the purpose of inspection or audit during normal business hours, at the Vendor’s place of business. Exceptions include:

1. If any litigation, claim, or audit is started before the expiration of the five (5) year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.

2. When the County has received written notification to extend the records retention period from the federal awarding agency, agency for audit, oversight agency for audit, agency for indirect costs, or pass-through entity.

3. Records for equipment acquired with federal funds must be retained for five (5) years after final disposition.

4. When records are transferred to or maintained by the federal awarding agency or pass-through entity, the five (5) year retention requirement is not applicable to the County.

Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the Vendor: (i) provides a service; and

(ii) acts on behalf of the County as provided under Section 119.011(2), F.S., the Vendor shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time. The Vendor is specifically required to:

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

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

3. Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract, if the Vendor does not transfer the records to the public agency. Nothing contained herein shall prevent the disclosure of or the provision of records to the County.

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

Failure of the Vendor to comply with the requirements of this Section, and other applicable requirements of state or federal law, shall be a material breach of the Contract. County shall have the right to exercise any and all remedies available to it for breach of contract, including but not limited to, the right to terminate for cause.

IF THE VENDOR HAS

QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119,

FLORIDA STATUTES, TO THE

VENDOR’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING

TO THIS CONTRACT, PLEASE

CONTACT THE CUSTODIAN OF

PUBLIC RECORDS AT RECORDS

REQUEST, PALM BEACH

COUNTY PUBLIC AFFAIRS

DEPARTMENT, 301 N. OLIVE

AVENUE, WEST PALM BEACH,

FL 33401, BY E-MAIL AT

RECORDSREQUEST@PBCGOV.

ORG OR BY TELEPHONE AT 561-

355-6680.

k. INCORPORATION, PRECEDENCE, AND JURISDICTION:

This Request for Pre-Qualification, and any amendments thereto, shall be included and incorporated in the resulting contract. The resulting contract shall be comprised of the Request for Pre-Qualification, the successful vendor's response, and the award letter. Any and all legal action necessary to enforce the award or resulting contract shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the award or the resulting contract shall be in a court of competent jurisdiction located in Palm Beach County.

The order of legal precedence is as follows: Laws passed by Congress, which are codified in provisions of the United States Code (U.S.C.) applicable to the funding source for this Request for Pre-Qualification; Rules or regulations adopted by a federal agency, which are codified in the Code of Federal Regulations(CFR) and applicable to the funding source for this Request for Pre-Qualification; the federal award or funding document for this Request for Pre-Qualification; 2 CFR Sections

200.317 – 200.326, which comprise the “SuperCircular” or “Uniform Guidance”;; Palm Beach County Code Sections 2-51 – 2-58; and, the Contract, as defined above.

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

m. NO THIRD PARTY BENEFICIARIES: No provision of the

Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to the Contract, including but not limited to any citizen or employees of the County and / or successful vendor.

n. SCRUTINIZED COMPANIES, DISCRIMINATORY VENDOR LIST, FEDERAL SYSTEM FOR AWARD MANAGEMENT, and SUSPENSION and DEBARMENT (Certification required):

1. SCRUTINIZED COMPANIES:

i. As provided in F.S. 287.135, by entering into a Contract or performing any work in furtherance hereof, the Vendor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S.

215.4725. Pursuant to F.S. 287.135(3)(b), if Vendor

is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, the resulting Contract from this Request for Pre-Qualification may be terminated at the option of the County.

ii. SCRUTINIZED COMPANIES (WHEN CONTRACT

VALUE IS GREATER THAN $1 MILLION):

As provided in F.S. 287.135, by entering into a Contract or performing any work in furtherance hereof, the Vendor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473, or is engaged in business operations in Cuba or Syria.

If the County determines, using credible information available to the public, that a false certification has been submitted by Vendor, the resulting Contract from this Request for Pre-Qualification may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract renewal.

2. DISCRIMINATORY VENDOR LIST: An entity or affiliate who has been placed on the discriminatory vendor list may not: submit a response on a Contract to provide goods or services to a public entity; submit a response on a contract with a public entity for the construction or repair of a public building or public work; submit responses on leases of Real Property to a public entity; award or perform work as a vendor, supplier, subcontractor, or consultant under contract with any public entity; nor transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website.

Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915.

3. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm

Beach County to notify all vendors of the following: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.”

4. FEDERAL SYSTEM FOR AWARD MANAGEMENT: A

contract award shall not be made to parties listed on the government-wide exclusions set forth in the System for Award Management (“SAM”) (found at www.sam.gov), which contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority.

5. DEBARMENT AND SUSPENSION: (ATTACHMENT I

REQUIRED) A completed "Certification Regarding Debarment and Suspension" is required at time of Pre- Qual submission. Upon request, the successful vendor agrees to provide the County with subsequent certification(s) for it and/or its suppliers, subcontractors and subconsultants after Contract award.

a. The contract is a covered transaction for purposes of

2 C.F.R. 180 and 2 C.F.R. 3000. As such the contractor is required to verify that neither the contractor, its principals (defined at 2 C.F.R. 80.995), or its affiliates (defined at 2 C.F.R. 180.905) are excluded (defined at 2 C.F.R. 180.940) or disqualified (defined at 2 C.F.R. 180.935).

b. The vendor must comply with 2 C.F.R. 180, subpart C and 2 C.F.R. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

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

d. The vendor must comply with the requirements of 2 C.F.R. 180, subpart C and 2 C.F.R. 3000, subpart C while the contract is valid and throughout the period mailto:RECORDSREQUEST@PBCGOV.ORG mailto:RECORDSREQUEST@PBCGOV.ORG of any contract that may arise from this offer. The vendor or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

o. SCIENTIFIC RESEARCH AND DEVELOPMENT and

COPYRIGHT and PATENT RIGHTS: Those solicitations or contracts providing federal funds in support of scientific research and development must comply with the requirements of 37 CFR 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

County shall be the exclusive owner of any patent rights arising as a result of any discovery or invention which arises or is developed in the course of or under the contract. The County shall hold the copyright to works produced or purchased under the contract. The Federal Government holds a royalty-free, non-exclusive and irrevocable license to produce, publish, or to others authorize otherwise to use, for Federal Government purposes, copyrighted material that was developed under a Federal award or purchased under a Federal award.

p. HIRING OF MECHANICS OR LABORERS: For those solicitations and contracts including the employment of mechanics or laborers, the contract must provide for compliance with 40 USC 3702, as supplemented by Department of Labor regulations (29 CFR Part 5). Specifically, each contractor must be required to compute the wages of every mechanic and laborer based on a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half (1½) times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

3. SUBMISSION OF RESPONSES:

a. SUBMISSION OF RESPONSES: All Request for Pre-

Qualification responses must be submitted on the provided Request for Pre-Qualification "Response" Form. Request for Pre-Qualification responses on vendor letterhead or quotation forms shall not be accepted. Responses must be typewritten, written in ink or a photocopy and must be signed by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE REQUEST FOR

PRE-QUALIFICATION RESPONSE FORM AT THE

INDICATED PLACES SHALL BE CAUSE FOR REJECTION

OF THE REQUEST FOR PRE-QUALIFICATION. All responses will be received on or after the time indicated and ma continue during the term specified.

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

c. CONTRACTING WITH SMALL AND MINORITY

BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND

LABOR SURPLUS AREA FIRMS:

1. The County has made all necessary affirmative steps to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. The successful vendor, if prime subcontracts are to be let, shall take the Affirmative Steps listed below in paragraphs a) through e) of this Section.

2. AFFIRMATIVE STEPS must include:

a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

d. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED (Applicable to purchases equal to or exceeding $150,000)

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. § 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.).

2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required by the federal awarding agency and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance money.

e. MANDATORY STANDARDS AND POLICIES RELATING TO

ENERGY EFFICIENCY:

Vendor is required to comply with mandatory standards and policies related to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat.

871) ( 42 U.S.C. 6201).

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

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

h. PRICING:

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

2. The price offered must be in accordance with the unit of measure provided on the solicitation response page(s).

One (1) space or line requires only one (1) single, fixed unit price. Anything other than a single, fixed unit price shall result in the rejection of your response.

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

4. Vendor warrants by virtue of quoting, prices shall remain firm for a period of ninety (90) days from the date of response submission to allow for evaluation and award.

5. Vendor warrants by virtue of quoting, prices shall remain firm for the initial and any subsequent term unless modified by a special condition.

6. In the event of mathematical error(s), the unit price shall prevail and the vendor’s total offer shall be corrected accordingly. RESPONSES HAVING ERASURES OR

CORRECTIONS MUST BE INITIALED BY THE VENDOR

PRIOR TO RESPONSE SUBMISSION; HOWEVER, IF

THE CORRECTION IS NOT PROPERLY INITIALED, BUT

THE INTENT OR LEGIBILITY OF THE CORRECTION IS

CLEAR, THE RESPONSE SHALL NOT BE REJECTED.

7. Vendors may offer a cash discount for prompt payment.

However, such discounts shall not be considered in determining the lowest net cost for response evaluation purposes unless otherwise specified in the special conditions. Vendors should reflect any discounts to be considered in the unit prices offered.

i. SUBMITTING NO BID or NO CHARGE: Vendors not wishing to respond on some items sought by this solicitation should mark those items as “no response”. If some items are to be offered at no charge, vendors should mark those items as “no charge”.

Items left blank shall be considered a “no response” for that item, and the response shall be evaluated accordingly.

j. ACCEPTANCE / REJECTION OF RESPONSES: Palm Beach

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

Palm Beach County reserves the right to reject any offer if the prices for any line items or subline items are materially unbalanced. An offer is materially unbalanced if it is mathematically unbalanced, and if there is reason to believe that the offer would not result in the lowest overall cost to the County, even though it is the lowest evaluated offer. An offer is mathematically unbalanced if it is based on prices which are significantly less than fair market price for some offered line item and significantly greater than fair market price for other offered line items. Fair market price shall be determined based on industry standards, comparable responses or offers, existing contracts, or other means of establishing a range of current prices for which the line items may be obtained in the market place. The determination of whether a particular offer is materially unbalanced shall be made in writing by the Purchasing Director, citing the basis for the determination.

k. NON-EXCLUSIVE: The County reserves the right to acquire some or all of these goods and services through a State of Florida contract under the provisions of Section 287.042, Florida Statutes, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after a term contract may be awarded. Additionally, Palm Beach County reserves the right to award other contracts for goods and services falling within the scope of this solicitation and resultant contract when the specifications differ from this solicitation or resultant contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant contract.

l. OFFER EXTENDED TO OTHER GOVERNMENTAL

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

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

n. SALES PROMOTIONS / PRICE REDUCTIONS / MOST

FAVORED CUSTOMER: Should sales promotions occur during the term of the contract that lower the price of the procured item, the successful vendor shall extend to the County the lower price offered by the manufacturer on any such promotional item.

Additionally, any time after award, the successful vendor may offer a reduced price, which shall remain in effect for the duration of the contract. The successful vendor warrants that the price(s) shall not exceed the successful vendor's price(s) extended to its most favored customer for the same or similar goods or services in similar quantities, or the current market price, whichever is lower. In the event the successful vendor offers more favorable pricing to one of its customers, the successful vendor shall extend to the County the same pricing or the then current market price, whichever is lower.

o. BUSINESS INFORMATION: If vendor is a Joint Venture for the goods / services described herein, vendor shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties.

p. PROGRAM FRAUD AND FALSE OR FRAUDULENT OR

RELATED ACTS (31 U.S.C. Chapter 38). The Vendor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Vendor's actions pertaining to the contract.

q. FEDERAL CRIMINAL LAW/FALSE STATEMENTS ACT. The

False Statement Act sets forth liability for, among other things, any person who knowingly submits a false claim to the Federal government or causes another to submit a false claim to the government or knowingly makes a false record or statement to get a false claim paid by the government. 31 U.S.C. §§ 3729.

For example, a false claim could include false billing documentation submitted by the County received from a contractor or subcontractor under the contract.

4. RESPONSE SUBMISSION TIME / AWARD

a. OBSERVING THE PUBLISHED BID SUBMISSION TIME: The published response submission time shall be scrupulously observed. It is the sole responsibility of the vendor to ensure that their response arrives in the Purchasing Department prior to the published response submission time. Any response delivered after the precise published time of response submission shall not be considered. Vendors shall not be allowed to modify their responses after the published response submission time.

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

c. PROTEST PROCEDURE:

1. PROTEST PROCEDURE FOR PROCUREMENTS

VALUED AT $100,000 AND ABOVE: Protest procedures are provided in the Palm Beach County Purchasing Code.

Protests shall be submitted in writing, addressed to the Director of Purchasing, via hand delivery, mail or fax to

(561) 242-6705. The protest must identify the solicitation, http://www.pbcgov.org/purchasing specify the basis for the protest, and be received by the Purchasing Department within five (5) business days of the posting date of the recommended award. The protest is considered filed when it is received by the Purchasing Department. Failure to file a protest as outlined in the Palm Beach County Purchasing Code shall constitute a waiver of proceedings under the referenced County Code.

2. PROTEST PROCEDURE FOR PROCUREMENTS

VALUED FROM $3,500 UP TO AND INCLUDING

$99,999: Protest procedures are provided in Countywide PPM #CW-L-049. Protests shall be submitted in writing, addressed to the Director of Palm Tran, via hand delivery, mail or fax to (561) 242-7243. The protest must identify the solicitation, specify the basis for the protest, and be received by the Palm Tran Department within five (5) business days of the posting date of the recommended award. The protest is considered filed when it is received by the Palm Tran Department. Failure to file a protest as outlined in Countywide PPM #CW-L-049 shall constitute a waiver of the protest under the referenced Countywide

PPM.

5. CONTRACT ADMINISTRATION

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

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

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

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

Successful vendors shall send ALL ORIGINAL invoices to the following address and may send copies of invoices to the Palm Beach County Department requesting the goods/services. Invoices submitted on carbon paper shall not be accepted.

PALM BEACH COUNTY

FINANCE DEPT.

P.O. BOX 4036

WEST PALM BEACH, FL 33402-4036

Payment shall be made by the County after goods / services have been received, accepted and properly invoiced as indicated in the order.