Hypochlorous_Acid_Generator_(Addendum_#2_Revision).pdf

REQUEST FOR PROPOSAL

PD 25-26.083

HYPOCHLOROUS ACID GENERATOR

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: June 30, 2026

DEADLINE FOR QUESTIONS: July 28, 2026

RESPONSE DEADLINE: August 11, 2026, 9:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Escambia County

REQUEST FOR PROPOSAL

Hypochlorous Acid Generator

1. Introduction

2. Scope of Work

3. Solicitation Terms and Conditions 3+1+1

4. General Terms and Conditions

5. Standard Insurance Requirements and Certificates

6. Insurance for Information Technology (Cyber) Consulting and Professional

Services

7. Evidence/Certificates of Insurance

8. Vendor Submissions

9. Evaluation Process

10. Evaluation Criteria

Attachments:

A - Information_Technology_Security_Assessment

Request For Proposal #PD 25-26.083 Title: Hypochlorous Acid Generator

1. Introduction

1.1. Summary

The Escambia County Board of County Commissioners is seeking proposals for the purchase, installation and maintenance of an anolyte generator(s). The generator(s) will be capable of producing sufficient disinfectant on demand (DOD) for all facilities while staying safe for human and animal contact, including ingestion, inhalation, and skin exposure. In addition, the DOD must be non-corrosive, non-flammable and cannot be weaponized or misused to create intoxicants. The selected contractor will be responsible for delivering, installing, testing, training personnel, and providing ongoing hardware and software maintenance. Proposals must address the detailed specifications outlined in this document, ensuring compliance with all applicable regulations and standards.

1.2. Background

Escambia County Corrections Department (ECCD) is responsible for the care, custody and control of individuals housed within the correctional facilities throughout the County. Currently, there are two correctional housing facilities and one Community Corrections facility. The Work Annex supplies 42 road crews, and the Jail maintains two road crews. DOD will need to be provided for the transports. The table below outlines the locations where the hypochlorous acid will be used and square footage of the facilities.

Facility Name Facility Address Facility Square Footage

Escambia County Jail 3080 N Pace Blvd.

Pensacola, FL 32505

New Facility 304,067 sq ft

Phase I and Phase II 217,015 sq ft

Escambia County Work Annex 601 Highway 297A

Cantonment, FL 32533

Approximately 42,000 sq ft

41 Work crew vehicles

Escambia County Community Corrections 6400 N W Street

Pensacola, FL 32505

Approximately 12,360 sq ft

1.3. Contact Information

Tammy Straughn

Purchasing Coordinator

221 Palafox Place 2nd Floor

Pensacola, FL 32505

Email: tmbaker1@myescambia.com

Phone: (850) 595-4985

Department:

Purchasing mailto:tmbaker1@myescambia.com tel:(850)595-4985

1.4. Timeline

Release Project Date June 30, 2026

Pre-Solicitation Meeting (Non-Mandatory) July 14, 2026, 9:00am

Onsite

Non-Mandatory Pre-Solicitation Meeting

Escambia County Jail

3080 N Pace Blvd

Pensacola, FL 32505

Question Submission Deadline July 28, 2026, 9:00am

Submission Deadline August 11, 2026, 9:00am

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2. Scope of Work

2.1. Scope of Work

Escambia County, FL is seeking to procure an anolyte generator(s) capable of producing hypochlorous acid (HOCL) that is EPA-approved and listed on List N, K, and Q. The generator(s) must enable on-site production and self-labeling of the hypochlorous acid product. The goal is to ensure a reliable, cost-effective, and environmentally friendly solution for disinfection and sanitization needs across various county facilities.

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The generator(s) must be capable of producing HOCL with an EPA label on-site, including kill claims for

Clostridium difficile (C. diff) and Mycobacterium tuberculosis (TB). The primary function of the generator(s) is to produce HOCL with a maximum output of 3% sodium hydroxide. The generator(s) must also be capable of producing a minimum of 600 gallons per 24 hours and automatically produce

HOCL at 200 and 500 parts per million (PPM). Additionally, the supplier must provide a reporting system for EPA compliance and ensure the generator(s) is cloud-connected for real-time notifications and alerts.

Primary generator(s) installation at Escambia County Jail, 3080 N Pace Blvd., Pensacola, FL 32505.

Immediately after the pre-solicitation meeting, a walk through will be conducted for any firms interested in seeing the location where the installation will occur.

Optional Secondary location at the Escambia County Work Annex, 601 Highway 297A, Cantonment, FL

32533. There will be no walk through.

2.2. Contractor Qualifications

All bidders must meet the following minimum qualification criteria:

1. Contractors must possess and maintain all Federal, State and local permits, licenses and approvals necessary to provide services and goods required for the purchase of HOCL anolyte generator. Any associated fees shall be the responsibility of the Contractor. Copies of each may be required at time of award or as requested by the County.

2. Contractors should have a minimum of five (5) years of business experience providing, installing, training, and servicing. Contractor's personnel assigned to service and install should have at least three (3) experience in both areas.

3. Compliance with all Florida Model Jail Standards, Florida Corrections Accreditation Commission

Standards, and National Commission on Correctional Health Care standards at the time of implementation. The FMJS can be found at the following link https://www.flsheriffs.org.law-enforcement-programs/training/florida-model-jail-standards. The FCAC standards can be found at the following link: https://flaccreditation.org/ . If the ECCD chooses to pursue further accreditation in the future, the bidder agrees to work collectively with the facility to meet the requirements of said additional accreditation.

4. Willingness to assist the Escambia County Corrections Department in achieving future accreditation, if pursued.

2.3. Detailed Specifications

The anolyte generator(s) will be delivered and installed as a turn-key project fully operational and tested in accordance with manufacturer’s specifications. Proposals must describe how the product manufacturer’s technical specifications will be incorporated and must adhere to all specifications including but not limited to:

1. EPA Label Production:

o The generator(s) must be capable of producing an EPA label on-site.

https://www.flsheriffs.org.law-enforcement-programs/training/florida-model-jail-standards https://www.flsheriffs.org.law-enforcement-programs/training/florida-model-jail-standards https://flaccreditation.org/ o Kill claims for the EPA label must include Clostridium difficile (C. diff) and Mycobacterium tuberculosis (TB).

2. HOCL Production:

o The primary function of the generator(s) is to produce Hypochlorous Acid (HOCL).

o The generator(s) must produce HOCL with a maximum output of 3% sodium hydroxide.

3. Production Capacity:

o The generator(s) must be capable of producing a minimum of 600 gallons of HOCL per 24 hours.

4. Automatic Production:

o The generator(s) must be able to automatically produce HOCL at concentrations of 200 PPM and 500 PPM.

5. Reporting System:

o The supplier must provide a reporting system capable of generating reports for EPA compliance.

6. Cloud Connectivity:

o The generator(s) must be cloud-connected and enabled to send notifications and alerts confirming the functionality of the generator(s) in real-time.

2.4. Services Requirements

1. Installation:

o The supplier must provide installation services for the generator(s) at the designated location(s) within Escambia County, FL.

o Installation must include all necessary electrical and plumbing connections to ensure the generator(s) is fully operational.

o All electrical and plumbing connections must be coordinated and approved through the

Escambia County Facilities Department along with any other necessary structural needs.

o Upon completion of the contract, Contractor is responsible for restoring the area back to the previous condition.

2. Training:

o The supplier must provide comprehensive training for county personnel on the operation and maintenance of the generator(s).

o Training must include safety protocols, troubleshooting, and routine maintenance procedures.

o Initial training must be onsite and included in the cost proposal. Additional training will be provided when requested.

3. Maintenance and Support:

o The supplier must offer a maintenance and support plan that includes regular inspections, preventive maintenance, and emergency repair services.

o Support must be available 24/7 to address any issues that may arise with the generator.

4. Warranty:

o The generator(s) must come with a minimum one-year warranty covering parts and labor.

o Extended warranty options should be available and detailed in the cost proposal. Please list separately a 5-year warranty cost proposal.

2.5. Delivery Requirements

1. Delivery Timeline:

o The supplier must deliver the generator(s) within 60 days of the contract award.

2. Delivery Location:

o The generator(s) must be delivered to the specified location(s) within Escambia County, FL.

The exact address will be provided upon contract award.

3. Delivery Conditions:

o The generator(s) must be delivered in new, unused condition and include all necessary components and accessories for full functionality.

o The supplier must coordinate with county personnel to schedule a delivery date and time that minimizes disruption to county operations. Please provide a proposed delivery and installation timeline.

2.6. Compliance and Standards

1. EPA Compliance:

o The generator(s) must comply with all relevant EPA regulations and standards for the production of HOCL.

o The supplier must provide documentation verifying EPA compliance, including kill claims for

C. diff and TB.

2. Safety Standards:

o The generator(s) must meet all applicable safety standards, including those set by OSHA and other relevant regulatory bodies.

o The supplier must provide safety data sheets (SDS) and any other relevant safety documentation.

3. Quality Standards:

o The generator(s) must be manufactured to high-quality standards, ensuring reliable and consistent performance.

o The Contractor must provide documentation on quality control measures and certifications.

2.7. Proposal Submission Requirements

All responses must include the following:

2.8. Tab 1. Contractor's Qualifications

• Complete name and address of the proposing firm, including contact information for correspondence regarding the proposal.

• Provide relevant experience in the field with evidence of installations and operations of similar generators, particularly in correctional settings, within the last five (5) years.

• Provide a summary of the company's experience with the proposed generator(s).

• Outline qualifications and relevant certifications of personnel who will oversee the installation.

• Outline qualifications and years of service of personnel who will provide services and training.

2.9. Tab 2. References

• Provide listing of five (5) customer references that purchased and are using HOCL generator(s) that are proposed in Contractor's response to the County, preferably within the State of Florida.

Provide the name and telephone number of the point of contact at each facility who can be contacted regarding the Contractor's performance. Provide a brief description of the projects.

• Contractors will attach letters from such facility contacts with comments regarding:

o Contractor’s performance and reliability of the equipment provided o Durability and condition of product delivered.

o Timeliness and efficiency of delivery and installation.

o Professionalism and communication throughout the project.

o Availability and effectiveness of customer support.

o Response time for repairs or warranty service.

o Availability of replacement parts and ongoing maintenance support.

o Ability to meet regulatory or safety requirements.

o Any significant problems encountered and how they were resolved.

o Overall satisfaction with the vendor and equipment.

• The proposal shall describe the organization structure and list the names and telephone numbers of the principals authorized to conduct negotiation.

2.10. Tab 3. Capabilities Statement & Product Functionality

• In this section, the Contractor shall discuss the requirements, item by item, as requested in, the solicitation. Provide a description of the Contractor's approach, technique and procedures to accomplish the scope of services identified and required by this document.

• At a minimum, this section will include the information below:

o Detailed description of the generator(s), including specifications, features, and capabilities.

o Documentation of EPA compliance and kill claims for C. diff and TB.

o Details of the reporting system for EPA compliance.

o Information on cloud connectivity and real-time notifications and alerts.

o Submit the Software Assessment Form for approval.

2.11. Tab 4. Cost Proposal

• The proposed cost must be based on the assumption and requirements described in the request for proposal and must include all costs (direct and indirect), except otherwise noted.

o Detailed costs associated with the generator(s), installation, training, maintenance, software, and software upgrades and fees inclusive of all potential charges.

o Options and alternatives proposed, with clear pricing for optional enhancements, including optional location.

o Details of any additional costs, such as extended warranties or optional features.

2.12. Tab 5. Appendix

• Included in the appendix any additional information or materials which may be helpful to ECCD operations and security.

• Include Maintenance Agreement and Warranty Terms.

• Include evidence of compliance with all applicable regulations and standards mentioned in the request for proposal.

• Detailed plan for delivery and installation, including timeline and coordination with county personnel.

2.13. Tab 6. Required Purchasing Documents

• All forms from the Contractor Submission Checklist should be in this section in PDF format.

Proposals should be uploaded in ONE PDF file in the Contractor Submission Checklist section tor your proposal. Please note- Deviating from this format may result in a reduction of points with the evaluation committee.

3. Solicitation Terms and Conditions 3+1+1

3.1. Solicitation Terms and Conditions

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

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

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

Pre-Bid Inquiries

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

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

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

Pre-Proposal Inquiries

All inquiries concerning the solicitation, including, but not limited to, the scope of work, specifications, additional requirements, attachments, general or supplemental terms and conditions, must be submitted to the Office of Purchasing through the e-procurement portal hosted by OpenGov.

All questions or inquiries must be received no later than the last day for questions stated on the cover page of the solicitation. Any modification to the solicitation documents will be in the form of a written addendum issued by the County not less than five (5) days prior to the date and time of solicitation closing. Addenda will be provided to each respondent via email and will be posted to the Escambia

County website at Escambia County Solicitations

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

Purchasing as provided in this provision.

Examination of Documents and Site

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

Preparation of Proposal

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

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

Recommended Proposal Preparation Guidelines

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

Integrity of Documents

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

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

Submittal of Proposal

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

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

Identification of Subconsultants/Changes After the Fact

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

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

Withdrawal of Submittals

Any respondent may withdraw its submittal, either personally or by written request, at any time prior to the scheduled time for opening submittals. Requests to alter or withdraw an offer must be submitted in writing to the Purchasing Director. Submittals may not be altered or unilaterally withdrawn by the respondent after the scheduled time for submittal opening. All offers not so withdrawn shall constitute https://procurement.opengov.com/portal/escambiacountyfl/projects/273564?section=undefined an irrevocable offer and will remain subject to acceptance or rejection by the County for a period of 90 calendar days.

Proposal to Remain Subject to Acceptance

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

Conditional or Incomplete Proposals

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

Addition/Deletion of Item(s)

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

Changes to Specification

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

Disqualification of Respondents

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

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

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

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

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

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

Investigation of Respondent

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

Negotiations

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

Evaluation of Proposals and Award of Contract

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

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

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

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

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

Award

Escambia County reserves the right to award on an “all-or-none” basis to one offeror or to award on an “item-by-item” basis, whenever it is in the best interest of and/or most advantageous to the County.

Contract Term

A. The contract resulting from this solicitation shall commence effective upon execution by both parties and extend for a period of Thirty-Six (36). The contract may be renewed for two (2) additional twelve (12) month periods, up to a maximum Sixty (60) months total upon mutual agreement of both parties. If any such renewal results in changes in the terms or conditions, such changes shall be reduced to writing as an amendment to the contract and such addendum shall be executed by both parties and approved by the Board of County Commissioners.

B. Renewal of the contract shall be subject to appropriation of funds by the Board of County

Commissioners.

C. The initiating County department(s) shall issue release (purchase) orders against the term contract on an “as needed” basis.

D. The contract may be canceled by the awarded firm, for good cause, upon ninety (90) days prior written notice.

E. The County retains the right to terminate the contract, with or without good cause, upon (30) days prior written notice.

F. In the event of termination by either party as provided herein, the awarded firm shall be paid for services performed through the date of termination.

Option to Extend the Term of the Contract (Not applicable to Lump Sum Agreements)

After exercising all options to renew, if it is determined that interim performance is necessary to allow for the solicitation and award of new contract, the County may extend this Agreement for up to an additional six (6) months. The County shall provide written notice to the

Contractor no later than thirty (30) days prior to the expiration of the last one (1) year renewal period. The exercise of the option shall be for the period specified and for the prices listed on the bid form. All other terms and conditions of the contract shall apply to the option periods.

Form of Agreement

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

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

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

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

Indemnification

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

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

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

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

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

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

3.2. Purchase Agreements with Other Government Agencies

The submission of any offer in response to this Solicitation constitutes an offer made under the same terms and conditions, for the same contract price, to other governmental agencies unless otherwise stipulated by the offeror on the bid form.

4. General Terms and Conditions

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

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

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

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

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

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

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

Corporations.

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

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

Conduct of Participants.

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

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

Purchasing Director.

Definitions.

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

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

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

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

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

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

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

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

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

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

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

IS FOR SPECIFIED QUANTITY ONLY”.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 218.76(2), Florida Statutes.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§1324a).

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

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

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

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

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

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

34. Contractor Personnel: The County shall, throughout the term of the contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the contractor. If the County reasonably rejects staff or subcontractors, the contractor shall provide replacement staff or subcontractors satisfactory to the County in a timely manner and at no additional cost to the County. The day- to-day supervision and control of the contractor’s employees and subcontractors is the sole responsibility of the contractor. Contractors who are suspended or debarred are prohibited from subcontracting.

35. Public Entity Crimes: Pursuant to Section 287.133(2), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an offer on a contract to provide any goods or services to a public entity, may not submit an offer on a contract with a public entity for the construction or repair of a public building or public work, may not submit offers on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. The Sworn Statement on Public Entity

Crimes must be completed and submitted with the offer.