Board of County Commissioners County Administrator

Gregg K. Weiss, Mayor Verdenia C. Baker Maria Sachs, Vice Mayor Maria G. Marino Michael A. Barnett Marci Woodward Sara Baxter Purchasing Department Mack Bernard www.pbcgov.org/purchasing

BOARD OF COUNTY COMMISSIONERS

NOTICE OF SOLICITATION FOR FEDERALLY FUNDED GOODS/SERVICES

IFB #F23-052/JM

INCONTINENCE SUPPLIES, PERSONAL HYGIENE ITEMS AND NUTRITIONAL SUPPLEMENTS

(DIRECT DELIVERY TO CLIENT HOMES), TERM CONTRACT

FOR NON-MANDATORY PRE-BID CONFERENCE, SEE TERM AND CONDITION #12 OF THIS SOLICITATION

BID SUBMISSION DATE: APRIL 27, 2023 AT 4:00 P.M.

It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be directed immediately to the Palm Beach County Purchasing Department at (561) 616-6800.

BIDDERS SHALL PROVIDE A RESPONSE IN A SEALED PACKAGE SIGNED BY AN AGENT OF THE

COMPANY HAVING AUTHORITY TO BIND THE COMPANY. FAILURE TO DO SO SHALL BE CAUSE

FOR REJECTION OF THE BID 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 VSS for any amendments or notifications that may be issued prior to the deadline for receipt of bids.

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

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

http://www.pbcgov.org/purchasing https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

PALM BEACH COUNTY

BOARD OF COUNTY COMMISSIONERS

NOTICE OF SOLICITATION FOR FEDERALLY FUNDED GOODS/SERVICES

INVITATION FOR BID

IFB #F23-052/JM

IFB TITLE: INCONTINENCE SUPPLIES, PERSONAL HYGIENE ITEMS AND

NUTRITIONAL SUPPLEMENTS (DIRECT DELIVERY TO CLIENT

HOMES), TERM CONTRACT

PURCHASING DEPARTMENT CONTACT: JAN MANEY TELEPHONE NO.: (561) 616-6831

FAX NO.: (561) 242-6731 E-MAIL ADDRESS: jmaney@pbcgov.org

All bid responses must be received on or before APRIL 27, 2023, at 4:00 p.m., Palm Beach County local time. SUBMIT BID TO:

Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199. Bid Responses received after this time shall not be considered.

This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments (if issued), and / or any other referenced document, form a part of this solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents.

PURPOSE AND EFFECT: It is the purpose and intent of this solicitation to secure bids for goods and/or services as listed herein, which shall be paid with federal funds. The selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract.

GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS

GENERAL CONDITIONS

1. GENERAL INFORMATION

Bidders are advised that this package constitutes the complete set of specifications, terms, and conditions, which forms the binding contract between Palm Beach County and the successful bidder. Changes to this Invitation for Bid may be made only by written amendment issued by the County Purchasing Department. Bidders 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 bid 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. Bidder certifies that its bid is made without reliance on any oral representations made by the County.

For purposes of this IFB, the term "bidder" shall collectively mean vendor, bidder, or contractor.

2. LEGAL REQUIREMENTS

a. COMPLIANCE WITH LAWS AND CODES: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Bidders are presumed to be and shall be familiar with all federal, state and local laws, ordinances, codes and regulations that may, in any way, affect the services offered, including, but not limited to, Uniform Guidance (2 C.F.R. pt. 200). Lack of knowledge by the bidder shall in no way be a cause for relief from responsibility.

The bidder shall strictly comply with Federal, State and local building and safety codes. Equipment shall meet all State and Federal Safety regulations. Bidder certifies that all products (materials, equipment, processes, or other items supplied in response to this bid) contained in its bid meets all ANSI, NFPA, and all other Federal and State requirements. Bidder further certifies that, if it is the bidder, 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 bidder.

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 (Chapter 672, Florida Statutes) shall prevail as the basis for contractual obligations between the bidder and Palm Beach County for any terms and conditions not specifically stated in the Invitation for Bid.

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 bidder 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.

c. INDEPENDENT BIDDER RELATIONSHIP: The bidder is, and shall be, in the performance of all work, services, and activities under the Contract, an Independent Bidder 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 bidder’s sole direction, supervision, and control. The bidder shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the bidder’s relationship, and the relationship of its employees, to the County shall be that of an Independent Bidder and not as employees or agents of the County.

d. CRIMINAL HISTORY RECORDS CHECK: Pursuant to the Palm

Beach County Criminal History Records Check Ordinance (“Ordinance”), sections 2-3712-377 of the Palm Beach County Code, the County will conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees of vendors, bidders, and subcontractors of bidders, 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-2003- 1274, 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 bidder is solely responsible for understanding the financial, schedule, and/or staffing implications of this Ordinance. Further, the bidder acknowledges that its bid price includes any and all direct or indirect costs associated with compliance with this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the County.

e. NON-COLLUSION: Bidder 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 bidders over other bidders. 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:

CONE OF SILENCE: Bidders are advised that the “Palm Beach County Lobbyist Registration Ordinance” prohibits a bidder or anyone representing the bidder 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 bid, i.e., a “Cone of Silence”. The “Cone of Silence” is in effect from the date/time of the deadline for submission of the bid, 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 bids, or otherwise takes action that ends the solicitation process. Bidders 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.

g. CONFLICT OF INTEREST: The bidder 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 2-4412-448 of the Palm Beach County Code. All bidders 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 bidder’s firm or any of its branches.

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

h. SUCCESSORS AND ASSIGNS: The County and the bidder 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 bidder 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 bidder 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 bidder, its subcontractors, agents, servants or employees during the course of performing services or providing goods pursuant to this solicitation and/or the resultant contract. Further, bidder shall hold

County harmless and indemnify County for any funds that the County is obligated to refund the Federal Government arising out of the conduct, activities or administration of the contract by the bidder.

j. PUBLIC RECORDS, ACCESS, AUDITS AND RETENTION:

The bidder 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 bidder’s services or authorized by the County as a reimbursable expense, whether generated directly by the bidder, 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 bidder, and wherever located shall be the property of the County.

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

Notwithstanding anything contained herein, as provided under section 119.0701, Florida Statutes, if the Bidder: (i) provides a service; and (ii) acts on behalf of the County as provided under Section 119.011(2) Florida Statutes, the Bidder shall comply with the requirements of section 119.0701, Florida Statutes, as it may be amended from time to time. The Bidder is specifically required to:

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

II. Upon request from the County’s Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. The Bidder 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.

III. 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 Bidder does not transfer the records to the public agency.

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

Failure of the Bidder to comply with the requirements of this article shall be a material breach of the Contract. County shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. Bidder acknowledges that it has familiarized itself with the requirements of Chapter 119, Florida Statutes, and other requirements of state law applicable to public records not specifically set forth herein.

IF THE BIDDER HAS QUESTIONS

REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES,

TO THE BIDDER’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, JURISDICTION: This

Invitation for Bid, and any amendments thereto, shall be included and incorporated in the resulting contract. The resulting contract shall be comprised of the Invitation for Bid, the successful bidder'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 Invitation for Bid; Rules or regulations adopted by a federal agency, which are codified in the Code of Federal Regulations (C.F.R.) and applicable to the funding source for this Invitation for Bid; the federal award or funding document for this Invitation for Bid; 2 C.F.R. §§ 200.317– 200.326, which comprise the “SuperCircular” or “Uniform Guidance”; Palm Beach County Code Sections 2-51–2-58; and, the Contract, inclusive of this Invitation for Bid (as defined above), the bidder’s bid response, and the County’s award letter.

l. LEGAL EXPENSES: The County shall not be liable to a bidder 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 bidder.

n. DISCRIMINATORY VENDOR LIST, PUBLIC ENTITY CRIMES, AND SCRUTINIZED COMPANIES:

1) DISCRIMINATORY VENDOR LIST: An entity or affiliate who has been placed on the discriminatory vendor list may not:

submit a bid on a Contract to provide goods or services to a public entity; submit a bid on a contract with a public entity for the construction or repair of a public building or public work;

submit bids on leases of Real Property to a public entity;

award or perform work as a vendor, supplier, subcontractor, or consultant under contract with any public entity; nor transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915.

2) PUBLIC ENTITY CRIMES: Section 287.133, Florida Statutes requires Palm Beach County to notify all bidders 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 bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a bidder, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.”

3) SCRUTINIZED COMPANIES: As provided in section

287.135, Florida Statutes, by entering into a Contract or performing any work in furtherance hereof, the Bidder certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, pursuant to section 215.4725, Florida Statutes. Pursuant to section. 287.135(3)(b), if Bidder 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 Invitation for Bid may be terminated at the option of the County.

SCRUTINIZED COMPANIES (WHEN CONTRACT VALUE

IS GREATER THAN $1 MILLION): As provided in section 287.135, Florida Statutes, by entering into a Contract or performing any work in furtherance hereof, the Bidder 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 section 215.473, Florida Statutes, 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 Bidder, the resulting Contract from this Invitation for Bid may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of the Contract shall be imposed, pursuant to section 287.135, Florida Statutes. Said certification must also be submitted at the time of Contract renewal.

3. BID SUBMISSION

a. SUBMISSION OF RESPONSES: All bid responses must be submitted on the Bid Response Form provided in this Invitation for Bid. Bid responses on bidder letterhead or bid 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 BID RESPONSE FORM AT THE INDICATED PLACES

SHALL BE CAUSE FOR REJECTION OF THE BID AS BEING

NON-RESPONSIVE. Bid responses are to be submitted to the designated Contact Person for the Invitation for Bid no later than the time indicated on the solicitation preamble, and must be submitted in a sealed envelope or container bearing the bid number for proper handling.

b. CERTIFICATIONS, LICENSES AND PERMITS: Unless otherwise directed in the Special Conditions of this Invitation for Bid, bidder should include with its bid 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 bidder, as shown on the bid response page. If applicable, the bidder 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 bidder 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. DRUG FREE WORKPLACE CERTIFICATION (ATTACHMENT I):

mailto:RECORDSREQUEST@PBCGOV.ORG

In compliance with Florida Statutes (Section 287.087), the attached form “Drug-Free Workplace Certification” should be fully executed and submitted with the bid response in order to be considered for a tie-breaker whenever two (2) or more bids that are equal with respect to price, quality, and service are received by Palm Beach County.

d. CONDITIONED OFFERS: Bidders are cautioned that any condition, qualification, provision, or comment in their bid, or in any correspondence transmitted with their bid, 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 bid as non-responsive.

e. PRICING:

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

2. The price offered must be in accordance with the unit of measure provided on the bid 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 bid.

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

4. Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days from the date of bid submission to allow for evaluation and award.

5. Bidder warrants by virtue of bidding that prices shall remain firm for the initial and any subsequent term.

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

CORRECTIONS MUST BE INITIALED BY THE BIDDER

PRIOR TO BID SUBMISSION; HOWEVER, IF THE

CORRECTION IS NOT PROPERLY INITIALED, BUT THE

INTENT OR LEGIBILITY OF THE CORRECTION IS CLEAR,

THE BID SHALL NOT BE REJECTED.

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

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

f. SUBMITTING NO BID OR NO CHARGE: Bidders not wishing to bid on some items sought by this IFB should mark those items as “no bid”. If some items are offered at no charge, bidders should mark those items as “no charge”. Items left blank shall be considered a “no bid” for that item, and the bid shall be evaluated accordingly.

g. ACCEPTANCE / REJECTION OF BIDS: Palm Beach County reserves the right to accept or to reject any or all bids. Palm Beach County also reserves the right to (1) waive any non-substantive irregularities and technicalities; (2) reject the bid of any bidder 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 bidders in order to make a determination as to its ability to perform.

Palm Beach County reserves the right to reject any offer or bid 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 bid line item and significantly greater than fair market price for other bid line items.

Fair market price shall be determined based on industry standards, comparable bids or offers, existing contracts, or other means of establishing a range of current prices for which the line items may be obtained in the market place. The determination of whether a particular offer or bid is materially unbalanced shall be made in writing by the Purchasing Director, citing the basis for the determination.

h. 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.

i. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES:

Palm Beach County encourages and agrees to the successful bidder 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.

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

k. 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 bidder shall extend to the County the lower price offered by the manufacturer on any such promotional item. Additionally, any time after award, the bidder may offer a reduced price, which shall remain in effect for the duration of the contract. The bidder warrants that the price(s) shall not exceed the bidder'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 bidder offers more favorable pricing to one of its customers, the bidder shall extend to the County the same pricing or the then current market price, whichever is lower.

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

4. BID SUBMISSION TIME / AWARD OF BID

a. OBSERVING THE PUBLISHED BID SUBMISSION TIME: The published bid submission time shall be scrupulously observed. It is the sole responsibility of the bidder to ensure that their bid arrives in the Purchasing Department prior to the published bid submission time. Any bid delivered after the precise published time of bid submission shall not be considered. Bidders shall not be allowed to modify their bids after the published bid 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: Protest procedures are provided in the

Palm Beach County Purchasing Code. Protests shall be submitted http://www.pbcgov.org/purchasing in writing, addressed to the Director of Purchasing, via hand delivery, mail or e-mail to purchase@pbcgov.org. The protest must identify the solicitation, 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 the protest under the referenced County Code.

5. CONTRACT ADMINISTRATION

a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries resulting from this IFB 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 bidder 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 bidder 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 bidder and for full refund or credit at the discretion of the County, any item(s) received which fail to meet the County’s specifications or performance standards.

b. FEDERAL AND STATE TAXES: Palm Beach County is exempt from Federal and State taxes. The authorized agent for Purchasing shall provide an exemption certificate to the bidder, upon request.

Bidders are not exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor are bidders authorized to use the County’s Tax Exemption Number in securing such materials. Any sales tax paid by bidders to their suppliers for materials to fulfill contractual obligations with the County are not reimbursable by the County to the bidder.

c. PAYMENT: In order for Palm Beach County to make payment, the

Bidder’s Legal Name; Bidder’s Address; and Bidder’s TIN/FEIN Number on the bid 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.

Bidders 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 the goods and/or services have been received, accepted and properly invoiced as indicated in the contract or order. Invoices must bear the order number. The Florida Prompt Payment Act is applicable to this IFB.

Interest penalties will only be paid in accordance with the Florida Prompt Payment Act, section 218.70, Florida Statutes.

Note: Bidders can now be paid by Credit Card via the County’s Voluntary Payment Manager Program. For bidders who do not have a merchant account, one is needed to utilize the Program. For bidders with a merchant account, you will need to enroll with the Palm Beach County Clerk & Comptroller’s office. For information, contact the Palm Beach County Clerk & Comptroller at pbcpaymentmgr@mypalmbeachclerk.com.

d. CHANGES: The Director of Purchasing, by written notification to the bidder, may make minor changes to the contract terms. Minor changes are defined as modifications which do not significantly alter the scope, nature, or price of the specified goods or services.

Typical minor changes include, but are not limited to, place of delivery, method of shipment, minor revisions to customized work specifications, and administration of the contract. The bidder shall not amend any provision of the contract without written notification to the Director of Purchasing, and written acceptance from the Director of Purchasing or the Board of County Commissioners.

e. DEFAULT AND TERMINATION FOR CAUSE: The County may, by written notice of default to the bidder, terminate the contract in whole or in part if the bidder fails to satisfactorily perform any provisions of this solicitation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this IFB or resultant contract, or provides repeated non-performance, or does not remedy such failure within a period of 10 days (or such period as the Director of Purchasing may authorize in writing) after receipt of notice from the Director of Purchasing specifying such failure. In the event the County terminates the contract in whole or in part because of default of the bidder, the County may procure goods and / or services similar to those terminated, and the bidder shall be liable for any excess costs incurred due to this action.

If it is determined that the bidder was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the bidder), the rights and obligations of the parties shall be those provided in Section 5f, “Termination for Convenience”.

f. TERMINATION FOR CONVENIENCE: The Director of Purchasing may, whenever the interests of the County so require, terminate the contract, in whole or in part, for the convenience of the County.

The Director of Purchasing shall give five (5) days prior written notice of termination to the bidder, specifying the portions of the contract to be terminated and when the termination is to become effective. If only portions of the contract are terminated, the bidder has the right to withdraw, without adverse action, from the entire contract.

Unless directed differently in the notice of termination, the bidder shall incur no further obligations in connection with the terminated work, and shall stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the bidder shall terminate outstanding orders and/or subcontracts related to the terminated work.

g. REMEDIES: No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.

6. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL

AUDIT REQUIREMENTS

Pursuant to Palm Beach County Code, section 2-421–2-440, as amended, Palm Beach County’s Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, section 2- 421–2-440, and punished pursuant to section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor.

7. ANNUAL APPROPRIATIONS

The County's performance and obligation to pay under the resulting contract is contingent upon an annual appropriation by the Board of County Commissioners for subsequent fiscal years.

8. E-VERIFY – EMPLOYMENT ELIGIBILITY

Bidder warrants and represents that it is in compliance with section

448.095, Florida Statutes, as may be amended, and that it: (1) is registered with the E-Verify System (E-Verify.gov), and uses the E-Verify System to electronically verify the employment eligibility of all newly hired workers; and (2) has verified that all of bidder’s subconsultants performing the duties and obligations of the contract are registered with the E-Verify System, and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers.

mailto:pbcpaymentmgr@mypalmbeachclerk.com

Bidder shall obtain from each of its subconsultants an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in section 448.095(1)(k), Florida Statutes, as may be amended. Bidder shall maintain a copy of any such affidavit from a subconsultant for, at a minimum, the duration of the subcontract and any extension thereof.

This provision shall not supersede any provision of the contract, which requires a longer retention period.

County shall terminate the contract if it has a good faith belief that bidder has knowingly violated section 448.09(1), Florida Statutes, as may be amended. If County has a good faith belief that bidder’s subconsultant has knowingly violated section 448.09(1), County shall notify bidder to terminate its contract with the subconsultant and bidder shall immediately terminate its contract with the subconsultant. If County terminates the contract pursuant to the above, bidder shall be barred from being awarded a future contract by County for a period of one (1) year from the date on which the contract was terminated. In the event of such contract termination, bidder shall also be liable for any additional costs incurred by County as a result of the termination.

9. FEDERAL TERMS AND CONDITIONS

a. EQUAL EMPLOYMENT OPPORTUNITY.

Only applicable to contracts for construction or repair.

“Federally Assisted Construction Contract”

The regulation at 41 C.F.R. § 60-1.3 defines a federally assisted construction contract as “any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any federal program involving a grant, contract, loan, insurance or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work."

“Construction Work”

The regulation at 41 C.F.R. § 60-1.3 defines construction work as “the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.”

“Contract”

The regulation at 41 C.F.R. § 60-1.3 defines contract as “any Government contract or subcontract or any federally assisted construction contract or subcontract.”

Additional definitions pertaining to this contract provision can be found at 41 C.F.R. § 60-1.3

If the contract is for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R.

ch. 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, then during the performance of the contract, the bidder agrees as follows:

I. The bidder will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The bidder will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

II. The bidder will, in all solicitations or advertisements for employees placed by or on behalf of the bidder, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

III. The bidder will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.

This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the bidder's legal duty to furnish information.

IV. The bidder will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the bidder's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

V. The bidder will comply with all provisions of Executive Order

11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

VI. The bidder will furnish all information and reports required by

Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

VII. In the event of the bidder's noncompliance with the nondiscrimination clauses of the contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the bidder may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

VIII. The bidder will include the portion of the sentence immediately preceding paragraph I. and the provisions of paragraphs I. through VIII. in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.

The bidder will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a bidder becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the bidder may request the United States to enter into such litigation to protect the interests of the United States.

The County further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the County so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The County agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of bidder and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The County further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a bidder debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the…