Ground_Power_Unit_for_Passenger_Boarding_Bridges_(Addendum_#1_Revision).pdf

24-391-IFB

GROUND POWER UNIT FOR PASSENGER BOARDING

BRIDGES

RELEASE DATE: April 7, 2024

DEADLINE FOR QUESTIONS: April 17, 2024

RESPONSE DEADLINE: April 30, 2024,11:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

TABLE OF CONTENTS

INVITATION FOR BID

Ground Power Unit for Passenger Boarding Bridges

I. Special Conditions II. Minimum Requirements

III. Pricing Table IV. Vendor Submissions

V. AMERICANS WITH DISABILITIES ACT

VI. General Information VII. Standard Terms & Conditions

GREATER ORLANDO AVIATION AUTHORITY

1. Special Conditions

1.1. Selection Process

A. Solicitation not to exceed $250,000 will be awarded by the Aviation Authority Board.

B. Respondents must meet the Minimum Requirements in order to be considered responsible.

C. All recommendations and decisions regarding award of the services shall be made at open public meetings in accordance with the requirements of Florida Statute 286.011, and all interested parties are invited to attend such meetings. The meetings of the Committee and Aviation Authority Board are public meetings.

D. If the company ranked first is not able to deliver as agreed, the Aviation Authority reserves the right to order from the company ranked second, and so on.

1.2. Reservation of Rights

A. As the best interest of the Aviation Authority may require, the right is reserved to make award(s) by individual items, group of items, all or none, or a combination thereof; to reject any and all bids or waive any minor irregularity or technicality in responses received. respondents are cautioned to make no assumptions unless their Response has been determined as meeting the Minimum Requirements and being responsive and responsible. All awards made as a result of this solicitation shall conform to applicable policies of the Aviation Authority.

B. No commitment is made or inferred by the Aviation Authority that any or all of the items listed, in any quantity, will be purchased as a result of this solicitation. The Aviation

Authority may purchase the items listed on an “as needed” basis, in any quantity deemed necessary, at the unit prices provided in the successful Respondent’s response.

C. The Aviation Authority reserves the right to waive any informality in the Solicitation, to reject any and all Solicitation, and to re-advertise or elect not to proceed with the services for any reason.

D. The Aviation Authority reserves the right at its sole discretion to increase, decrease, or delete any portion of the Scope of this Contract at any time without cause.

E. The Aviation Authority shall have the right, but not the obligation, to award all or any portion of the services. The extent and scope of the Services, along with the fees for such services, will be subject to final approval by the Aviation Authority. The Aviation Authority intends, but is not obligated, to enter into a non-exclusive agreement with the highest ranked Respondent to perform the required Services described herein.

F. The Aviation Authority reserves its right to award any or all of the advertised services subject to the availability of funding.

1.3. Regulations

A. The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of the work specified herein.

B. Contractor shall comply with all health and sanitary regulations adopted by all applicable governing bodies. Contractor shall give access for inspection purposes to any duly authorized representative of such governing bodies.

C. The Contractor shall obtain all permits, licenses and certificates, or any such approvals of plans or specifications as may be required by Federal, State and local laws, ordinances, rules and regulations, for the proper execution of the work specified herein.

D. Contractor shall comply with Federal and State right-to-know laws if hazardous materials are used. The SDS (Safety Data Sheets) shall be made available to all workers and Aviation

Authority's Authorized representatives. Contractor shall report immediately to the AAR any spillage or dumping of hazardous materials on Aviation Authority property. The

Contractor shall also be responsible for the cleanup and any costs incurred for all such incidents.

E. During the performance of this Contract, Contractor shall keep current and, if requested by the Aviation Authority, provide copies of any and all licenses, registrations or permits required by applicable governing agencies. Contractor shall keep a copy of any and all licenses, registrations and permits on the job site while performing the Contract work.

1.4. Airport Security

The successful Respondent will be required to comply with all applicable regulations of the TSA and of the Aviation Authority relating to Airport security, including those relating to access to the AOA of Orlando International Airport, as such regulations may be in effect or changed from time to time.

1.5. Verification of Employment Status

A. Prior to the employment of any person under this Contract, the Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the Contract term, and an express requirement that Contractors include in such subcontracts the requirement that

Subcontractors performing work or providing services pursuant to the Aviation Authority.

Contractors will utilize the E-Verify system to verify the employment eligibility of all new employees hired by the Subcontractor during the Contract term. For more information on this process, please refer to United States Citizenship and Immigration Service site at:

http://www.uscis.gov/portal/site/uscis.

B. Only those employees determined eligible to work within the United States shall be employed under this Contract.

C. By submission of a Response to this Solicitation, the Contractor affirms that all employees in the above categories shall undergo e-verification before placement on this

Contract. The Contractor shall commit to comply with this requirement.

http://www.uscis.gov/portal/site/uscis

2. Minimum Requirements

2.1. Minimum Requirements & Specifications

The 400Hz Ground Power Units shall be designed to conform to all applicable Federal, State, and Local codes and regulations (as applicable) to the location of the installation. The units shall be designed and manufactured in compliance with the following requirements including, but not limited to:

1. GPU Design:

A. Provide Ground Power Units (GPU) consisting of modular construction with solid-state components designed for 50/60 Hz to 400 Hz. The GPU shall include all input/output and ancillary control devices necessary for safe commercial aircraft service and operation.

B. The GPU shall be the manufacturer’s latest design.

C. The GPU shall have powder coated (arctic white) Galvanneal tube frame/powder coated

Aluminum skin and panels, all hardware stainless steel with approval/Ratings IEC, ETL, UL, CSA. Standard frame that is galvanized and powder coated is also acceptable.

D. Aircraft cables and hoist-control stations are to be included with each of the units. Cable hoists are not required to be included.

2. Load and Mounting Requirements:

A. Recommended installation area on existing Passenger Boarding Bridges (PBB) shall not interfere with the operation of the PBB nor maintenance access to any PBB component/mechanism.

B. The GPU shall be designed as an assembly to be mounted under a PBB outermost tunnel.

C. Bridge mounting brackets shall be provided for all the units.

3. Design Requirements:

A. Twelve (12) Pulse Width Modulated (PWM) 400 Hz output solid-stated GPU shall be complete with coordinated components and accessories.

B. Low-input current harmonics GPUs shall be PWM utilizing Integrated Gate Bipolar

Transistor (IGBT) technology. Step wave inverter technology shall not be accepted.

C. All components shall be new, unused and suitable for the purpose intended.

D. Each GPU shall be capable of continuous operation at maximum rated output for twenty hours per day, three-hundred sixty-five days per year.

E. GPU units shall be capable of servicing multiple commercial aircraft including, but not limited to, CRJ90, B747, B777, B757 and A321 (no aircraft smaller than the CRJ90).

F. Units shall be electric powered, 400 Hz, 3-Phase 115VAC, 480VAC input.

4. Life Expectancy:

A. The GPU units shall be designed for a minimum Life Expectancy of ten years with routine and periodic servicing.

B. Spare parts shall be guaranteed for a minimum of ten years after the last supply instance of the same make and model.

5. Warranty:

A. Minimum 2-year warranty commencing after commissioning and start-up testing by

Respondent shall be required. All repair parts and components shall be covered under this warranty.

B. The Respondent warrants its workmanship for parts and labor and shall, without additional cost to Aviation Authority, install, reinstall, replace, or repair defects that occur during the warranty period.

C. Respondent-furnished materials that develop defects during the installation or warranty period shall also be replaced without additional cost to Aviation Authority.

6. Upgrades:

1. Programming upgrades and technical support shall be included throughout the Life

Expectancy (ten years) of the GPU at no additional cost to the Aviation Authority.

7. Special Tools:

A. Manufacturers of equipment and machinery shall furnish any special tools (with their corresponding instructions included) required for normal adjustment, operations, and maintenance.

B. Testing Protocols (Manufacturer’s Site and Field)

8. Maintenance:

A. A Maintenance Program is NOT requested under this solicitation. However, if manufacturer’s maintenance during the warranty period is required, the Respondent shall train and certify the Authority’s maintenance provider on all necessary maintenance aspects to ensure warranty is in place for the required period.

9. Documentation:

A. Complete sets (one of each in both physical and digital formats) of Operational and

Maintenance manuals shall be provided by the Respondent for all electrical, mechanical, and instrumentation/controls equipment.

B. Bound laminated quick reference sheets shall be placed inside each of the units:

A. Starting and stopping procedures

B. Special operating instructions

C. Trouble-shooting procedures

D. Routine maintenance procedures

E. Name, address and telephone numbers of manufacture’s service representative.

C. List Detailing Major Components for all equipment – Quantity, Manufacturer, Model, Part

Number, and Specifications

3. Pricing Table

PRICING TABLE

The Unit Prices shall include costs of insurance coverage, travel costs, other overhead costs, profit margin, FOB DESTINATION, ALL CHARGES INCLUDED and any other costs or fees the

Bidder would expect to receive or recover from the Aviation Authority in providing the goods and services. The Bidder agrees to provide four (4) Ground Power Units 90 KVA and two (2)

Ground Power Units 180 KVA with GPU Commissioning and Start-up testing and all other items necessary or proper for, or incidental per the Specification Documents.

Line Item Part Number

Description Brand/Model Quantity Unit of Measure

Unit Cost Total Lead Time

1 Ground Power Unit 90 KVA 4 Each

2 Ground Power Unit 180 KVA 2 Each

TOTAL

4. Vendor Submissions

4.1. Respondent Company Name and Contact Information*

Provide the name of Respondent's company (including the name of any parent company), Include: Contact name and complete contact information of individual responsible for account (“Lead Individual”).

Maximum response length: 5000 characters

*Response required

4.2. Type of organization (corporation, sole proprietor, partnership, other)* Maximum response length: 200 characters

*Response required

4.3. Federal employer identification number*

Maximum response length: 200 characters

*Response required

4.4. REVISIONS | ADDENDA | QUESTIONS & ANSWERS * Participant confirms that they have reviewed revisions and all answers to questions published and any addenda up until the bid closing date and have given consideration to all information in preparing the response to this solicitation. This is a confirmation of acknowledgement.*

☐ Please confirm

*Response required

4.5. I certify that I have read, understood and agree to the terms in this solicitation, and that I am authorized to submit this response on behalf of my company.*

☐ Please confirm

*Response required

4.6. Minimum Requirements: Can you comply with the Minimum Requirements listed in Section 3?*

Respondents must meet the minimum requirements noted under this Minimum Requirements Section of this solicitation in order to be considered for the award of the contract. Respondents will address each question under the Minimum Requirements Section. Each Respondent must acknowledge and provide written documentation that their firm meets the Minimum Requirements.

☐ Yes

☐ No

*Response required

4.7. Registered with the State of Florida.*

Respondent shall be registered/qualified to do business in the State of Florida.

Upload a copy of such registration/qualification.

*Response required

4.8. Respondent’s Certification*

I have carefully examined the Solicitation document located in the e-Procurement Platform and any and all other documents accompanying or made a part of this Solicitation.

I hereby propose to furnish the goods or services specified in this Solicitation at the prices or rates quoted in my submittal. I agree that my submittal will remain firm for a period of up to one-hundred-twenty (120) days in order to allow the Aviation Authority adequate time to evaluate the submittals.

I confirm that all information contained in this Solicitation Response is truthful to the best of my knowledge and belief. I further confirm that I am duly authorized to submit this Solicitation on behalf of the Respondent as its act and deed and that the Respondent is ready, willing and able to perform if awarded the Contract.

I confirm, under oath, that this Solicitation is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a Solicitation for the same product or service. I further certify that no officer, employee or agent of the Aviation Authority or any other Respondent has a financial interest in this Solicitation. I further confirm that I have executed this Respondent's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

☐ Please confirm

*Response required

4.9. Respondents References*

Respondents’ references should demonstrate that the Respondent and the key individuals have the experience required, and reasonably has the reputation to perform the Scope of Services.

References shall be able to validate the Respondent’s capabilities and experience.

It is the Respondent’s responsibility to provide references and information that most closely demonstrates their experience with organizations (airports, counties, municipalities, or universities) of similar size, complexity, and risk exposure as the Aviation Authority.

The Respondent authorizes the Aviation Authority, its staff or consultants to contact any of the references provided in the response and specifically authorizes such references to release either orally or in writing, any appropriate data with respect to the Respondent and its Engagement Team members.

Respondent bears full responsibility for naming references which will respond to the Aviation Authority’s reference checks. If the Respondent’s references do not respond to the Aviation Authority’s reference checks, the Respondent’s evaluation will be adversely affected by non-responsive references.

Please confirm you understand the reference requirements and will provide the required information.

☐ Please confirm

*Response required

4.10. Minimum of Three References*

Provide a minimum of three, but no more than five, references of airports and/or governmental entity clients providing similar services and scope as identified in the solicitation. Respondent shall provide the following information for each reference:

A. Organization’s Name

B. Address

C. Contact person

D. Telephone number and email address of contact person

E. Brief Description of Project

F. Date of Services/Status (current or past client)

Maximum response length: 5000 characters

*Response required

4.11. Upload GPU Specifications according to the Submittal Preparation Instruction below:*

1. Vendors shall include complete GPU specifications of the proposed unit(s) including, but not limited to the following:

a. Manufacturer / Model

b. Cabinet Material and Finishes

c. General Design o Physical Characteristics o Cabinet o Load and Mounting o Performance o Power Protection o Base Design o Voltage Operating Range o Output Power o Electromagnetic Interference o Design Life

d. Environmental Considerations required for successful operation

e. Controls

f. Aircraft Service Cable o Type o Manufacturer o Characteristics o Aircraft Cable Hoist and Column Mounted Controls o Cab Annunciator

*Response required

4.12. Have you entered your pricing into the Pricing Table?*

☐ Yes

☐ No

*Response required

4.13. Certification Regarding Prohibition Against Contracting with Scrutinized Companies*

This form shall be completed and signed by the Respondent’s duly authorized representative.

Failure to return the forms with the submittal may cause the Response to be deemed as non-responsive.

Please download the below documents, complete, and upload. Name the uploaded file:

"Scrutinized Companies Form."

• Certification_Regarding_Pro...

*Response required

4.14. E-Verification Certification Form*

This form shall be completed and signed by the Respondent’s duly authorized representative.

Failure to return the forms with the submittal may cause the Response to be deemed as non-responsive.

Please download the below documents, complete, and upload. Name the uploaded file: "E- Verification Certification Form".

• E-Verify_(1).docx

*Response required

4.15. Complete and Sign Conflict of Interest Disclosure Form* Please download the below Conflict of Interest Disclosure Form, complete, and upload. Name the uploaded file: "Conflict of Interest Form".

• Conflict_of_Interest_Disclo...

*Response required

4.16. Current W9*

Provide the Respondents Taxpayer Identification Number and Certification. Go to the following website for instructions and the latest information: www.irs.gov/FormW9

Please upload current signed W9. Name the uploaded file: "Current W9".

*Response required 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https://www.irs.gov/FormW9

5. AMERICANS WITH DISABILITIES ACT

The Aviation Authority does not discriminate upon the basis of any individual’s disability status. Anyone requiring reasonable accommodations as provided for the Americans with Disabilities Act or Section 86.26, Florida Statutes, should contact the ADA Coordinator at 407- 825-2006 as soon as possible, at least one full business day prior to any scheduled meeting.

6. General Information

6.1. Solicitation Information

A. Sealed electronic responses will be received for this Solicitation through the Greater Orlando Aviation

Authority e-Procurement Platform located at https://procurement.opengov.com/portal/goaa. By way of the Platform, responses will be locked and digitally encrypted until the submission deadline passes.

B. Responses submitted by hard copy, e-mail, telephone or fax shall not be accepted. Responses submitted outside of the designated electronic submission Platform shall be rejected as non-responsive regardless of where received.

C. The Aviation Authority shall not be responsible for delays caused by any occurrence. This shall include any delay as a result of a technology issue. Any late response shall not be accepted.

D. The time/date stamp clock located in the electronic submittal Platform shall serve as the official authority to determine lateness of any response.

E. Respondents shall not be allowed to modify their responses after the opening time and date.

Responses may be examined thirty (30) days after the Solicitation opening or upon recommendation for award, whichever occurs first.

F. Throughout this document the words Contractor, Consultant, Supplier and Vendor are used synonymously.

G. Throughout this document the words Contract, Purchase Order (PO), Blanket Release are used synonymously.

6.2. Submitting Questions and Receiving Responses

Respondents shall submit all inquiries regarding this Solicitation via the e-Procurement Platform, located at https://procurement.opengov.com/portal/goaa. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the Aviation Authority e- Procurement Platform. Respondents may also click “Follow” on this Solicitation to receive an email notification when answers are posted. It is the responsibility of the Respondent to check the website for answers to inquiries.

A. If a Virtual and/or Pre-Solicitation Conference is held, the location, date, and time is located on the e-Procurement Platform. The purpose of any Pre-Solicitation Conference is to review and discuss the solicitation (and any addenda) as published. Attendance is not mandatory but is highly encouraged. Respondents are expected to be familiar with the Solicitation Documents.

B. Questions will be answered through the e-Procurement Platform.

https://procurement.opengov.com/portal/goaa

C. If the Procurement Department determines that it is necessary to change the dates or times prior to the due date, the change will be announced and posted on the e-

Procurement Platform

D. All prospective Respondents shall thoroughly examine and become familiar with the

Solicitation package and carefully note the items which must be submitted with the

Solicitation as detailed in GOAA’s e-Procurement Platform Section 5, Vendor

Submissions.

E. Submission of a Response shall constitute an acknowledgment that the Respondent has read and understands the Solicitation Documents. The failure or neglect of a Respondent to receive or examine any Solicitation Document shall in no way relieve it from any obligations under its Response or the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge or understanding of any of the

Contract Documents or the scope of work.

6.3. Communications; Questions Regarding Specifications or Solicitation Process

A. Any official communication from a Respondent during the Solicitation process should be submitted to the Aviation Authority via the e-Procurement Platform, https://procurement.opengov.com/portal/goaa. A copy of the Administration Policies

(Sections 180.01 and 180.03) are available upon request from the Manager of Board

Services.

B. In accordance with the above-referenced policies, any communication directly or indirectly to seek to encourage any specific result in connection with an Aviation Authority selecting process, including but not limited to, written communications, any and all forms of electronic communications or messaging, including social media, oral communications either in person or by telephone, initiated by a Proposer or through a lobbyist, agent or third person, to any Aviation Authority staff and/or Committee/Board member who is a member of any committee constituted for the purposes of ranking Solicitations, making recommendations or making an award, is prohibited from the time that the Solicitation is released to the time that the award is made.

6.4. Exceptions to Terms and Conditions within the Solicitation

A. If a Respondent desires any changes or modifications to the terms and conditions set forth in the Response Documents, the Respondent should submit these changes or modifications to the Aviation Authority in writing prior to the deadline for questions and comments about the Solicitation. Note that the Aviation Authority will not make changes to the Indemnification and Termination Clauses.

B. The Aviation Authority will consider such requested changes to the Contract’s terms and conditions. If any such requested changes or modifications are acceptable, the Aviation

Authority will modify the terms and conditions by Addenda to this Solicitation prior to the deadline for Response submission. In submitting any requested changes or modifications, a Respondent should state the specific terms or conditions in the Aviation Authority’s

Response Document, which the Respondent wishes to change, and the desired language, terms or conditions. Respondents are requested to not substitute entire agreements or sets of terms and conditions but discuss separately each term or condition that they take exception to or desire to change.

Exceptions noted within the response submittal may cause the response to be deemed non-responsive.

6.5. Notice of Intent to Award Contract

Unless all Responses are rejected by the Aviation Authority, a Notice of Intent to Award is anticipated to be provided within ninety (90) days from the opening of Responses to the responsible and responsive Respondent submitting the Response deemed to be most advantageous to the Aviation Authority, all factors being considered. For all procurements, the Aviation Authority reserves the right to reject any or all Responses and to cancel the procurement or to solicit new Responses.

6.6. Public Meetings/Public Records

Please be aware that all meetings of the Aviation Authority’s Board are duly noticed public meetings and all documents submitted to the Aviation Authority as a part of or in connection with a Solicitation will constitute public records under Florida law regardless of any person’s claim that proprietary or trade secret information is contained therein.

6.7. Code of Ethics and Business Conduct Policy

The Aviation Authority has adopted a Code of Ethics and Business Conduct Policy (Section 204.01) which addresses the obligation of the Aviation Authority’s Board members and employees to follow the Florida Statutes in reference to these issues. This includes, but is not limited to, the obligations of the Aviation Authority’s Board members and employees with respect to having an interest in business entities, outside employment, gratuities, divulgence of information, unauthorized compensation and acceptance of gifts. Please be aware that any violation of this policy by a Respondent and/or any attempt to influence an Aviation Authority Board member or employee to violate the policy is sufficient cause for the denial of the right of the Respondent to

Respond on any Contract or sell any materials, supplies, equipment, or services to the Aviation Authority for a period of time that is determined by the Chief Executive Officer. A copy of this policy is available upon request from the Chief Administrative Officer.

7. Standard Terms & Conditions

7.1. Intent to Award-Appeal

Any Respondent who is adversely affected by a decision or intended decision concerning this competitive solicitation or contract award and who wants to appeal such specifications, decision, or intended decision shall file an appeal within five (5) business days and in compliance with the Aviation Authority’s Policy 110.04, Appeal Process. Failure to file an appeal in accordance with the Aviation Authority’s Policy 110.04, shall constitute a waiver of the appeal process.

The intent to award to a Respondent, if any, will be posted on the Aviation Authority’s e-procurement platform website for review by interested parties, and will remain posted for a period of five business days: excluding weekends, federal holidays, and Aviation Authority’s holidays. Failure to file an appeal in accordance with the above stated policy shall constitute a waiver of the appeal process.

7.2. Responsible Vendor Determination

Respondents are hereby notified that Section 287.05701, Florida Statutes, requires that the Aviation Authority may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor.

7.3. Additional Terms & Conditions

The Aviation Authority reserves the right to reject Responses containing any additional terms or conditions not specifically requested in the original special conditions and/or the terms and conditions.

7.4. Purchasing Contracts With Other Governmental Entities

Aviation Authority permits the awarded Contractor(s) to extend the pricing, terms and conditions of this Solicitation to other governmental entities at the Contractor’s discretion. Each governmental entity that utilizes this solicitation or resulting Contract will be responsible for execution of its own requirements with the awarded Contractor (s).

7.5. Lobbying Statement

All firms are hereby placed on notice the Aviation Authority Board and staff shall not be contacted about this Solicitation. Firms and their agents are hereby placed on notice that they are not to contact members of the Aviation Authority staff and/or Committee/Board member (with the exception of designated Procurement Agent). Public meetings and public deliberations of the Selection Committee are the only acceptable forum for the discussion of merits of products/services requested by the Solicitation and written correspondence concerning Responses may be submitted to the Procurement Services Department. An appropriate official or employee of the Aviation Authority may initiate communication with a Respondent in order to obtain information or clarification needed to develop a proper and accurate evaluation of the

Solicitation. Any official communication from a Respondent during the Solicitation process should be submitted in writing to the The Aviation Authority Annex Building, Procurement Services Department, 5855 Cargo Road, Orlando, FL 32827- 4399, or via the e-Procurement Platform as directed during the Solicitation process. A copy of the Administration Policies (Sections 180.01 and 180.03) are available upon request from the Chief Administrative Officer. Failure to adhere to these requirements could result in Board action to disqualify your firm from consideration of award.

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. (F.S. 287.057 (23))

7.6. EEO Statement

Contractors must ensure that employees and applicants for employment are not discriminated against for reasons of race, color, age, religion, sex, national origin, or handicapped status.

Minority and female-owned businesses are encouraged to participate. The Aviation Authority is an equal opportunity employer.

7.7. Federal Fair Labor Standards Act

All Contracts and subcontracts that result from this Contract incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

7.8. Occupational Safety And Health Act of 1970

All Contracts and Sub-Contracts that result from this Contract incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor (also known as Consultant) must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Consultant retains full responsibility to monitor its compliance and their Subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910).

Consultant must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

7.9. Discounts

All discounts, EXCEPT THOSE FOR PROMPT PAYMENT, shall be considered in determining the lowest net cost for Response evaluation purposes.

7.10. Pricing

Firm prices shall be proposed and include FOB DESTINATION, for all packing, handling, shipping charges, fuel surcharges and delivery, unless otherwise indicated, to any point within the Aviation Authority to a secure area or inside delivery. All prices, costs, and conditions shall remain firm and valid for 120 days from the date of opening. The obligations of Aviation Authority under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and/or the Aviation Authority Board.

7.11. Incurred Cost

The Aviation Authority is not liable for any cost incurred by any Contractor prior to an award.

Costs for developing a response to this request for Response are entirely the obligation of the Contractor and shall not be chargeable in any manner to the Aviation Authority.

7.12. Errors

In the event of extension error(s), the unit price will prevail. In the event of addition error(s), the extended totals will prevail. In either case, the Contractor’s total offer will be adjusted accordingly.

7.13. Taxes

The Aviation Authority is exempt from Federal excise taxes and all sales taxes.

7.14. Silence of Specifications

The apparent silence of the specifications and any supplemental specifications as to any details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and only materials of first quality be provided.

7.15. Assignment

Neither this Contract nor any of the Contractor's rights or obligations hereunder may be assigned by the Contractor without the Aviation Authority's prior written consent, which consent may be granted or withheld in the Aviation Authority's sole discretion. Any transfer of this Contract by merger, consolidation or liquidation, change in federal identification number or, any change in ownership of or power to vote a majority of the outstanding voting stock or ownership interests of the Contractor shall constitute an assignment of this Contract for purposes of this Section. In the event the Contractor assigns or subcontracts or attempts to assign or subcontract any right or obligation arising under this Contract without the Aviation Authority's prior written consent, the Aviation Authority shall be entitled to terminate this Contract. Assignments require at least 60 days prior notice.

7.16. Indemnification

The successful Contractor shall indemnify, defend and hold completely harmless the Aviation Authority and the City of Orlando, Florida ("City"), and the members (including, without limitation, members of the Aviation Authority's Board and the City's Council, and members of the citizens’ advisory committees of each), officers, employees and agents of each, from and against any and all liabilities (including statutory liability and liability under Workers' Compensation Laws), losses, suits, claims, demands, judgments, fines, damages, costs and expenses (including all costs for investigation and defense thereof, including, but not limited to, court costs, paralegal and expert fees and reasonable attorneys' fees) which may be incurred by, charged to or recovered from any of the foregoing: (a) by reason or on account of damage to or destruction or loss of any property of Aviation Authority or the City, or any property of, injury to or death of any person resulting from or arising out of or in connection with the performance of this Contract, or the acts or omissions of Contractor's directors, officers, agents, employees, Subcontractors, licensees or invitees, regardless of where the damage, destruction, injury or death occurred, unless such liability, loss, suit, claim, demand, judgment, fine, damage, cost or expense was proximately caused solely by Aviation Authority's negligence or by the joint negligence of Aviation Authority and any person other than Contractor or Contractor's directors, officers, agents, employees, Subcontractors, licensees, or invitees, or (b) arising out of or in connection with the failure of Contractor to keep, observe or perform any of the covenants or agreements in this Contract which are required to be kept, observed or performed by Contractor, or (c) arising out of or in connection with any claim, suit, assessment or judgment prohibited by this condition or in favor of any person described in below, or (d) arising out of or in connection with any action by Contractor or its directors, officers, agents, employees, Subcontractors, licensees or invitees. Aviation Authority agrees to give Contractor reasonable notice of any suit or claim for which indemnification will be sought hereunder, to allow Contractor or its insurer to compromise and defend the same to the extent of its interests, and to reasonably cooperate with the defense of any such suit or claim. In carrying out its obligations under this section, Contractor shall engage counsel reasonably acceptable to Aviation Authority. In any suit, action, proceeding, claim or demand brought in respect of which the Aviation Authority may pursue indemnity, the Aviation Authority shall have the right to retain its own counsel. The fees and expenses of such counsel shall be at the expense of the Aviation Authority unless the Contractor and the Aviation Authority shall have mutually agreed to another arrangement. In the event Contractor fails, within a reasonable time to retain counsel satisfactory to the Aviation Authority, the Aviation Authority may retain counsel and Contractor shall be responsible for such legal fees, costs and expenses.

In the event, the Aviation Authority and the Contractor are both named parties in any such proceeding and, in the sole judgment of the Aviation Authority, representation of both the Aviation Authority and the Contractor by the same counsel would be inappropriate due to actual or potential differing interests between them then Aviation Authority shall obtain its own counsel and Contractor shall be responsible for such legal fees, costs and expenses. The indemnification provisions of this Section 5 shall survive the expiration or earlier termination of this Contract with respect to any acts or omissions occurring during the term of the Contract. No recourse under or upon any obligation, covenant or agreement contained in this Contract, or any other agreement or document pertaining to the work or services of the Contractor hereunder, as such may from time to time be altered or amended in accordance with the provisions hereof, or any judgment obtained against Aviation Authority, or the City, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any statute or otherwise, under or independent of this Contract, shall be had against any member (including, without limitation, members of the Aviation Authority's Board or the City's Council, or members of the citizens advisory committees of each), any officer, employee or agent, as such, past, present, or future of Aviation Authority or City, either directly or through the Aviation Authority or the City or otherwise for any claim arising out of or in connection with this Contract or the work or services conducted pursuant to it, or for any sum that may be due and unpaid by Aviation Authority. Any and all personal liability of every nature, whether at common law or in equity, or by statute or by constitution or otherwise, of any such member, officer, employee, or agent, as such, to respond by reason of any act or omission on his or her part or otherwise for any claim arising out of or in connection with this Contract or the work or services conducted pursuant to it, or for the payment for or to Aviation Authority, or any receiver therefore or otherwise, of any sum that may remain due and unpaid by the Aviation Authority, is expressly waived and released as a condition of and in consideration of the execution of this Contract and the, promises made to Contractor pursuant to this Contract. In any and all claims against the Aviation Authority or the City, or any of their officers, members, agents, servants or employees, by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation of Contractor under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefit payable by or for the Contractor or any Subcontractor under Workers' Compensation Acts, disability benefit acts or other employee benefit acts. No provisions of this condition shall be construed to negate, abridge, or otherwise reduce any other right of indemnity that Aviation Authority may have as to any party or person described therein.

7.17. Patents and Royalties

The Contractor, without exception shall indemnify and save harmless the Aviation Authority and its employees from liability of any nature of kind including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the Contract, including its use by the Aviation Authority. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the Response prices shall include all royalties or cost arising from the use of such design, device, or materials in any involved in the work.

7.18. Software License to Contractor

If this purchase is for the license of software products and/or services, and unless otherwise agreed, Contractor hereby grants to the Aviation Authority, a perpetual, irrevocable, nonexclusive, nontransferable, royalty free license to use the software. This software is “proprietary” to Contractor, and is licensed and provided to the Aviation Authority for its sole use for purposes under this Agreement and any attached work orders or invoices. The Aviation Authority may not use or share this software without permission of the Contractor; however the Aviation Authority may make copies of the software expressly for backup purposes.

7.19. Warranty Against Infringement of Intellectual Property

Contractor warrants that the goods or services do not infringe upon or violate any United States patent, copyright, or trade secret. Contractor will defend at its expense any action against the Aviation Authority or the Aviation Authority as licensee to the extent that it is based on a claim that goods used or services provided used within the scope of the license hereunder infringe upon a United States patent, copyright or trade secret, and Contractor will pay any and all costs and damages finally awarded against the Aviation Authority or the Aviation Authority as licensee in such actions which is attributable to such claim. Should the products or services become, or in Contractor's opinion be likely to become, the subject of any claim of infringement, Contractor shall either: (a) procure for the Aviation Authority the right to continue to use the goods or services; or (b) modify the goods or services to make them non-infringing, provided that such modification does not materially adversely affect the Aviation Authority’s authorized use; or (c) replace the goods or services with equally suitable, compatible, and functionally equivalent non-infringing goods or services at no additional cost to the Aviation Authority; or (d) if none of the foregoing alternatives is reasonably available to Contractor, terminate this agreement and refund to the Aviation Authority the payments actually made to Contractor under this agreement.

7.20. Optional Ownership of Work Product

Contractor agrees that any and all analyses,…