ITB_26-069_Purchase_of_MX908,_Mass_Spectrometer,_Chemical_Identifier.pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/citrusfl

INVITATION TO BID

Project #: ITB 26-069

ITB 26-069 PURCHASE OF MX908, MASS SPECTROMETER, CHEMICAL

IDENTIFIER

Bid Due Date: Tuesday, April 14, 2026 @ 2:00 pm

Issue Invitation to Bid March 14, 2026

Deadline for Questions April 7, 2026, 4:00pm

Bid submittal Due Date and Time April 14, 2026, 2:00pm

Public Opening Date and Time via

Microsoft Teams (Non-Mandatory)

April 14, 2026, 2:15pm

Microsoft Teams meeting https://teams.microsoft.com/meet/26135825912163

?p=y2YzmF9ZhHhn0IzACi Meeting ID: 261 358 259 121 63 Passcode: Rx6d7BH2

Board Approval of Selection and Award

(subject to change)

June 22, 2026

CITRUS COUNTY, FLORIDA

A political subdivision of the State of Florida

Department of Management & Budget https://teams.microsoft.com/meet/26135825912163?p=y2YzmF9ZhHhn0IzACi https://teams.microsoft.com/meet/26135825912163?p=y2YzmF9ZhHhn0IzACi

For more information, please visit our online supplier portal, located at

3600 W. Sovereign Path, Suite 266

Lecanto, FL 34461

TABLE OF CONTENTS

1. DEFINITIONS

2. INSTRUCTIONS TO BIDDERS

3. ADDITIONAL INFORMATION

4. BID FORM

5. MINIMUM INSURANCE REQUIREMENTS

6. TECHNICAL SPECIFICATIONS

7. EXHIBITS

8. VENDOR/CONTRACTOR RESPONSES

Attachments:

A - Exhibit A Grant Agreement R1176

B - Exhibit B

C - ITB 26-069 Sample Agreement final

1. DEFINITIONS

"Addenda" means a written or graphic instrument issued by the County prior to the execution of the Agreement which modifies or interprets the Invitation to Bid by additions, deletions, clarifications, corrections, or other type of modifications. Addenda will become part of the Contract Documents when the Agreement is executed.

"Agreement" means a legal document, executed by the County and the Successful Bidder. The Agreement, as amended from time to time, forms the Contract between County and the Successful Bidder setting forth the roles, responsibilities and obligations of the parties including, but not limited to, the performance of the Services and the basis of payment.

"Apparent Low Bidder" means the bidder who has submitted the lowest Bid at the Bid Opening without correction of numerical discrepancies, consideration, or alternates of determination of responsiveness and responsibility. The

Apparent Low Bidder is not necessarily the Successful Bidder.

“Best value” means the highest overall value to the County based on factors that include, but are not limited to, price, quality, design, and workmanship.

"Bid" means a written submittal to this Invitation to Bid.

"Bid Documents" means the Invitation to Bid, inclusive of the plans and specifications.

"Bidder" means any person or firm (corporation, sole-proprietor, limited partnership, etc.) who submits a Bid in response to this Invitation to Bid.

"Contract Documents" means the Invitation to Bid, including Addenda to such, the Agreement, including Addenda to such, General Terms and Conditions of the Agreement, Bidder's Bid, Scope of Work, Certificate(s) of Insurance, Notice of

Intent to Award, Notice of Award, Notice to Proceed, Drawings and Specifications, and any other documents mailed, e-mailed or otherwise transmitted to the Bidder prior to or after the submittal of their Bid, and prior to or after Award, all of which are all to be treated as one in the form of the Contract Documents.

"Contractor/Vendor" means Successful Bidder, in the context of the Invitation to Bid. In the context of the Contract

Documents, Contractor/Vendor means any company, firm, partnership, corporation, association, joint venture, or other legal entity permitted by law to perform the Services in the State of Florida. Such legal entity shall be the entity that enters into a written Agreement with the County to perform the Services for the Project described in the Contract

Documents. The Contractor will have sole responsibility for the performance of the Services covered under an Agreement that is awarded in conjunction with this Invitation to Bid.

"County" means Citrus County, Florida, a political subdivision of the State of Florida, its officers, employees, agents, and volunteers and/or Owner.

"DHS" means Department of Homeland Security

"FDEM" means State of Florida, Division of Emergency Management.

“Governmental Entity” means a political subdivision or agency of this state or of any state of the United States, including, but not limited to, state government, county, municipality, school district, nonprofit public university or college, single purpose or multipurpose special district, single-purpose special or multipurpose authority, metropolitan or consolidated government, separate legal entity or administrative entity, or any agency of the Federal Government.

"Invitation to Bid" means the contents of this solicitation and all supporting documents including Addendum to such, or other related information transmitted to Bidders.

"Minor Irregularity" means a variation from the Invitation to Bid terms and conditions which does not affect the price or give the Bidder an advantage or benefit not enjoyed by the other Bidder or does not adversely impact the interests of the

County.

"Notice of Award" means a written notice submitted by the County notifying the Successful Bidder that they have been awarded the project.

"Notice of Intent to Award" means a written notice submitted by the County notifying the Successful Bidder that the

County intends to award the project to them contingent upon the Successful Bidder executing the Agreement and submitting any outstanding documents.

"Notice to Proceed" means a written notice issued by the County to the Successful Bidder fixing the date on which the

Successful Bidder shall start the performance of the Services and the length of time for the completion of the Services, in accordance with the Contract Documents.

"Piggyback" means a government authority other than the County purchasing commodities from the Successful Bidder under the same terms and conditions that the Successful Bidder has agreed to offer the County.

"Public Opening" means the opening of the Bids and the announcing of the Bidders who submitted a Bid in response to the Invitation to Bid in the presence of the public.

"Recommendation of Award" means a written notification sent by way of facsimile or electronic e-mail to those who submitted a Bid in response to this Invitation to Bid advising them of the County's decision for its selection of the

Successful Bidder and its intent to award to that Bidder.

"Responsible Bidder" means a Bidder who has the resources, skills, knowledge, and financial ability to provide the Work specified in this Invitation to Bid.

"Responsive" means a Bid that conforms in all material respects to the Invitation to Bid requirements.

"Services" means all supervision, labor, materials, equipment, supplies, subcontractors, and incidental expenses required by the Bidder to execute and complete the requirements of the Services outlined in the Contract Documents, including those prescribed or implied.

"Subcontractor" means an entity having a direct contract with the Successful Bidder or with any other Subcontractor of the Successful Bidder who will provide product(s) or service(s) for the performance of a part of the Services required under the Contract Documents under the sole control and direction of the Successful Bidder.

"Successful Bidder" means the Bidder to whom the County awards an Agreement for the provision of the Services specified in this Invitation to Bid.

"Timeline" means the list of critical dates and actions involved in the Invitation to Bid.

2. INSTRUCTIONS TO BIDDERS

2.1. Solicitation Overview

Citrus County, Florida (“County”) invites interested parties to submit a Bid/Quote for ITB 26-069 Purchase of MX908, Mass Spectrometer, Chemical Identifier.

The County requires the purchase of one (1) MX908, Mass Spectrometer, Chemical Identifier, item #07CD-01-DPGC on the Authorized Equipment List (AEL) at https://www.fema.gov/grants/tools/authorized-equipment-list

Both parties of this Agreement shall comply with all of the requirements in 2 C.F.R. Part 200 (Uniform Administrative

Requirements, Cost Principles, and Audit Requirements for Federal Awards). https://www.ecfr.gov/current/title-2/subtitle-

A/chapter-II/part-200?toc=1

Commodities to be purchased can be found in the BID FORM and shall be delivered to: Citrus County Fire Rescue, Attn:

Battalion Chief Thomas Fletcher, 1520 N. Meadowcrest Blvd., Crystal River, FL 34429.

2.2. General Instructions

Bidders are encouraged to carefully review all the materials contained herein and prepare your Bid accordingly. The detailed requirements set forth below will be used to evaluate the Bids and failure of Bidder to provide the information requested for a specific requirement may render their Bid as non-responsive and result in being rejected.

Failure of Bidder to comply with all terms of this Invitation to Bid may result in disqualification of Bidder and rejection of

Bidder’s submittal by County.

Bidders shall carefully study and compare the information and documents presented in this Invitation to Bid to ensure there are no conflicts, shall examine the site and local conditions, if applicable, and shall at once report to the Contact Person any errors, inconsistencies or ambiguities discovered.

County shall not be liable for any costs incurred by a Bidder in preparing or producing its Bid or for any service provided before execution of an Agreement.

All terms and conditions outlined in this Invitation to Bid, and any associated Addenda, shall become a part of the Agreement entered into between the County and the Successful Bidder.

2.3. Minimum Requirements for Submitting a Bid

Bidder shall meet, at a minimum, one of the following requirements to be determined a responsive and responsible Bidder at the time of Bid Submittal:

1. Registration in Sunbiz.org, https://dos.fl.gov/sunbiz/

2. Registration in SAM.gov, https://sam.gov/content/home

3. All required forms in VENDOR/CONTRACTOR RESPONSES must be fully completed and submitted with bid.

2.4. Vendor System-OpenGov Registration

County has partnered with OpenGov Procurement, a web-based eProcurement service. Current bid solicitations and associated addenda, notices of recommended bid award, and current bid awards will be posted at https://procurement.opengov.com/portal/citrusfl.

Bid Notifications will be sent electronically via e-mail from OpenGov to registered Bidders. It is the sole responsibility of interested parties to monitor OpenGov for solicitation opportunities and updates.

Visit https://procurement.opengov.com/signup to register. OpenGov is an online Bidder registration system that provides a free, at no cost to Bidder, secure, user-friendly Internet portal and one-stop service center to register with County. This system also allows you to receive automatic email notifications regarding County’s upcoming competitive solicitations as opportunities become available. Registration assistance is available by e-mail procurement-support@opengov.com.

All Citrus County Vendors/Contractors/Consultants will need to register with OpenGov in order to be able to submit

Bids/Proposals/Qualifications etc., to County.

https://www.fema.gov/grants/tools/authorized-equipment-list https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 https://procurement.opengov.com/portal/citrusfl/projects/224831/document?section=2121306 https://dos.fl.gov/sunbiz/ https://sam.gov/content/home https://procurement.opengov.com/portal/citrusfl/projects/116615/document?section=1069242 https://procurement.opengov.com/portal/citrusfl https://procurement.opengov.com/signup mailto:procurement-support@opengov.com

OpenGov Procurement has no affiliation with the County other than as a service that facilitates communication between the

County and its Bidder. OpenGov Procurement is an independent entity and is not an agent or representative of the County.

2.5. Contact Person

All inquiries pertaining to this Invitation to Bid are to be directed to all:

Department of Management & Budget, Purchasing

3600 W. Sovereign Path, Suite 266

Lecanto, Florida, 34461

Phone: 352-527-5457

Fax: 352-527-5424

Linda Morse, Purchasing & Contracts Manager, linda.morse@citrusbocc.gov

Karin McMahon, Purchasing & Contracts Specialist, Karin.mcmahon@citrusbocc.gov

Kathy Milianta, Purchasing & Contracts Specialist, kathy.milianta@citrusbocc.gov

Leigha Utter, Purchasing & Contracts Specialist, leigha.utter@citrusbocc.gov

Saleem Mahmood, Purchasing Assistant, Saleem.mahmood@citrusbocc.gov

CAUTION

PROHIBITED COMMUNICATIONS: In accordance with Section 287.057 (25) of the Florida Statutes, Bidders 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 legal holidays, any employee or officer of the County concerning any aspect of this solicitation, except in writing to the Contact Person noted above. Violation of this provision may be grounds for rejecting a response to this solicitation.

2.6. Questions/Additional Terms and Conditions/Variances/Exceptions

Bidders may submit questions about the meaning or intent of the Invitation to Bid or Agreement to the website link

(https://procurement.opengov.com/portal/citrusfl/projects/224831) in written format only and shall submit such on or before the deadline for questions listed in the Event Timeline. Interpretations or clarifications considered necessary in response to such questions will be issued by a written Addendum. Only questions answered by formal written

Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Questions submitted shall not constitute formal protest of the specifications or of this Invitation to Bid.

A written addendum, if applicable, will be issued online to OpenGov (https://procurement.opengov.com/portal/citrusfl) and/or

DemandStar® websites in response to questions received as of the specified deadline in the Event Timeline.

Issues regarding any and all discrepancies, errors, or ambiguities in the Request for Qualification documents, including those noted in the Agreement shall be submitted in writing to https://procurement.opengov.com/portal/citrusfl on or before deadline for questions which is listed in the Event Timeline.

2.7. Event Timeline

Bidders should review and become familiar with the Event Timeline. The dates and times of each activity within the Timeline may be subject to change. It is the responsibility of Bidder to check for any changes. All changes to the Timeline will be made through an addendum to this Invitation to Bid.

Any person requiring reasonable accommodation at this meeting because of a disability or physical impairment should contact Citrus County, 3600 W. Sovereign Path, Lecanto, FL 34461, Carlton Hall, ADA Coordinator (352) 527-5477, at least two days before the meeting.

mailto:linda.morse@citrusbocc.com mailto:Karin.mcmahon@citrusbocc.gov mailto:kathy.milianta@citrusbocc.gov mailto:leigha.utter@citrusbocc.com mailto:Saleem.mahmood@citrusbocc.com https://procurement.opengov.com/portal/citrusfl/projects/224831

If you are hearing or speech impaired, dial 7-1-1 or (800) 955-8771 (TTY) or (800) 955-8770 (v), via Florida Relay Service.

If you need a Spanish Translator, dial 7-1-1 or (800) 955-8771 (TTY) or (800) 955-8773 (v), via Florida Relay Service. For all other languages, please contact Human Resources at (352) 527-5370.

Si usted necesita un Traductor en Español, marque 7-1-1 o (800) 955-8771 (TTY) o (800) 955-8773 (v), a través del Servicio de Retransmisión de Florida.

**All public Meetings are subject to change or can be canceled.

Issue Invitation to Bid: March 14, 2026

Deadline for Questions: April 7, 2026, 4:00pm

Bid submittal Due Date and Time: April 14, 2026, 2:00pm

Public Opening Date and Time via Microsoft

Teams (Non-Mandatory):

April 14, 2026, 2:15pm

Microsoft Teams meeting https://teams.microsoft.com/meet/26135825912

163?p=y2YzmF9ZhHhn0IzACi Meeting ID: 261 358 259 121 63 Passcode: Rx6d7BH2

Board Approval of Selection and Award (subject to change):

June 22, 2026

2.8. Public Opening

Electronic Bid Submittals shall be opened on Tuesday, April 14, 2026, at 2:00 pm via online “Microsoft Teams”.

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/26135825912163?p=y2YzmF9ZhHhn0IzACi

Meeting ID: 261 358 259 121 63

Passcode: Rx6d7BH2

2.9. Submission of Bids

Electronic Bid submittal for this Invitation to Bid are to be submitted on or before Tuesday, April 14, 2026, at 2:00 pm. It is the sole responsibility of the Bidder to ensure that their Bid is submitted through OpenGov Procurement no later than the time and date specified in the Solicitation or subsequent addenda. . BIDDERS MUST COMPLETE THE INFORMATION

REQUESTED IN THE VENDOR RESPONSES SECTION.

Bids shall be submitted through the online solicitation management portal, https://procurement.opengov.com/portal/citrusfl.

You may enter information and/or upload completed forms/documents using the OpenGov portal. Bidders must have registered and received an established account in advance of uploading submissions. When submitting an offer electronically through the solicitation posting portal, please allow sufficient time to complete the online forms and upload documents. The solicitation offer will end at the closing time listed in the Event Timeline included in this Solicitation. If you are in the middle of uploading your documents at the closing time, the system will stop the process and your offer will not be received by the system. It is recommended that the submission process be completed the day prior to the due date, with the knowledge that any changes/updates will be accepted up to the due date and time. If technical difficulties arise during submission of the Solicitation submittal, it is the submitting Bidder’s responsibility to contact OpenGov Procurement technical support. For support, click on the “Help” link on the Solicitation Posting portal; or email procurement-support@opengov.com.

NOTE: In the event, there is a verified technical issue with the Platform (and not user/Bidder issues) that prevents all Bidders from submitting a Bid within the two (2) hours immediately before the due time, the County may issue an addendum to https://teams.microsoft.com/meet/26135825912163?p=y2YzmF9ZhHhn0IzACi https://teams.microsoft.com/meet/26135825912163?p=y2YzmF9ZhHhn0IzACi https://teams.microsoft.com/meet/26135825912163?p=y2YzmF9ZhHhn0IzACi https://procurement.opengov.com/portal/citrusfl/projects/224831/document?section=2121310 https://procurement.opengov.com/portal/citrusfl extend the solicitation due date and time. However, the technical issue must be a result of the Platform provider (OpenGov

Procurement) and affect all participating Bidders. The County shall verify the technical issue or unavailability of the Platform with OpenGov Procurement, and the system provider. Technical issues localized to a single Bidder will not be considered cause for an extension. County shall not be responsible for delays caused in any occurrence.

2.10. Timeliness of Bid Submittal

County assumes no responsibility for a Bid received after the due date and time. There will be no exceptions to this policy. It is the responsibility of Bidder to make sure their Bid is uploaded by the due date and time listed in the Event

Timeline to the OpenGov portal.

2.11. Bid Submittal Format

Acknowledgement of review and receipt of all of the documents listed below must be confirmed by an officer of the company who has the authority to bind the bidder. Failure to acknowledge and/or provide these documents may result in rejection of Bidder's response by County. Acknowledgement of these requirements shall be made within the VENDOR/CONTRACTOR RESPONSES section.

• Certificate(s) of Insurance

• Bid Form

• List of Subcontractors

• Minority Form

• Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions

• Conflict of Interest Report (if applicable)

• Non-Collusion/Lobbying Certification

• Human Trafficking Affidavit

• Copies of Licenses and Certifications o Proof of an active license/certification to do business in the State of Florida (i.e., Sunbiz registration/Florida

Department of State.

o Active SAM.gov registration o Copies of any licenses and certification as applicable to this Invitation to Bid.

2.12. Certificate of Insurance

Bidders are to submit a copy of their certificate(s) of insurance evidencing policies and limits of insurance that they currently have in force.

Once ALL paperwork is completed and received by the County, an email will be sent to Bidder asking Bidder to register online with myCOI. It is critical that Bidder provide the County with an accurate email address. The cost to register is

$19.95 per year and a credit/debit card will be needed. Part of the registration process includes providing contact information for Bidder’s insurance agent(s). This information must be available at the time of registration. Once Bidder has registered and entered the email address for its insurance agent(s), an email will be sent to the insurance agent(s) requesting them to upload Bidder’s Certificate of Insurance (COI) directly into the myCOI website. Certificates of Insurance cannot be mailed, emailed or faxed to County. Bidder will not be allowed to begin work and no payments will be made until registration is completed and a compliant COI is received from Bidder’s insurance agent(s). This is a yearly requirement for the duration of the Agreement.

2.13. Bid Pricing

https://procurement.opengov.com/portal/citrusfl/projects/224831/document?section=2121310

The Bid Pricing shall be firm until award has been made. Bid Pricing shall include such amounts for all labor, materials, supplies, equipment, subcontractors, insurance, bonds, overhead, profit and any other costs to perform the Work as noted in this Invitation to Bid. The Bid Pricing shall include all applicable sales and use taxes. Discrepancies in the multiplication of units and unit prices will be resolved in favor of the “verified prices”.

2.14. Budget

County has appropriated approximately $87,485 for the Work covered under this Invitation to Bid. County reserves the right to adjust this amount based on availability of funding.

2.15. Bid Form

Bidders MUST utilize the BID FORM included with this Invitation to Bid for submitting pricing information. No substitutes will be permitted. All pages of the Bid Form must be submitted and completed in full.

All blanks on the Bid Form must be completed. If anything is not applicable, Bidder shall indicate such with "N/A". If there is no charge for any specific item noted on the Bid Form, Bidders shall indicate such by entering "no charge".

2.16. Required Warranty

The manufacturer's warranty shall apply to all Commodity provided under the Agreement against defects in materials and workmanship for a minimum period of one (1) year from County's acceptance of the Commodity. Should any defects appear during the warranty period, Vendor shall assist County with filing a warranty claim with the manufacturer immediately upon receipt of written notice from County, at no additional expense to County.

The warranty shall also include 24/7 technical and reach back support for assistance with data interpretation or technical issues, and all software/library updates.

3. ADDITIONAL INFORMATION

3.1. Signing of the Agreement

When County gives a Notice of Intent to Award to the Successful Bidder, it will be accompanied by an unsigned

Agreement. Within ten (10) calendar days thereafter the Successful Bidder shall execute and deliver to the County the Agreement, along with a certificate of insurance that shows policies, limits, and other conditions in compliance with that outlined in the Invitation to Bid. Upon award and execution of the Agreement by the County, one certified copy of the Agreement shall be delivered to the Successful Bidder.

3.2. Responsiveness of the Bid and Disqualification

A responsive Bid is one that complies with and conforms to the requirements of this Invitation to Bid. A Bid requiring changes to any portion of this Invitation to Bid may be considered non-responsive. A Bid that fails to comply with the criteria outlined in this Invitation for Bid may be deemed non-responsive.

A Bid may be rejected if found to be conditional, irregular, incomplete or not in conformance with the requirements and instructions contained herein, such as, but not limited to: (1) failure to strictly comply with and satisfactorily address the prerequisite criteria, (2) failure to provide the required forms or other documentation, (3) incomplete, indefinite or ambiguous language, and (4) improper and/or undated signatures.

Other conditions which shall cause rejection of the Bid, include, but are not limited to: (1) an individual firm, partnership, corporation or combination thereof, under the same or different names submitting (as the Bidder) more than one Bid, (2) evidence of collusion among Bidders, (3) obvious lack of experience or expertise to perform the Services, (4) failure to perform or meet financial obligations for previous contracts with the County, (5) falsification of any form required by the

County, or (6) not having valid and appropriate local, state or federal certifications and/or licenses necessary to perform the

Work.

County may conduct such investigations as County deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder and their proposed Subcontractors. County reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of Bids from all Bidders.

3.3. List of Bidders

https://procurement.opengov.com/portal/citrusfl/projects/224831/document?section=2121306

A list of Bidders, along with their total base bid pricing, will be posted on OpenGov and Demand Star® within ten (10) days after the Public Opening date. The list of Bidders can also be obtained by contacting the Contact Person. County will not provide a list of Bidders by telephone.

3.4. Examination of Bid Documents and Project Site

It is the responsibility of the Bidder to (1) examine the Bid Documents thoroughly, (2) visit the project site to become familiar with local conditions that may affect cost, progress, or performance of the Services, (3) consider Federal, State and Local

Laws and Regulations that may affect cost, progress, or performance of the Services, (4) study and carefully correlate

Bidder's observations with the Bid Documents, and (5) notify the Contact Person of all conflicts, errors or discrepancies in the Bid Documents prior to submitting a formal Bid.

If reports of explorations and tests of subsurface conditions at the project site are conveyed to Bidder by County, Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or performance of the Services.

The lands upon which the Services is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Bidder in performing the Services are identified in the Bid Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by

Bidder. Easement for permanent structures or permanent changes in existing structures is to be obtained and paid for by

County unless otherwise provided in the Bid Documents.

Before submitting a Bid, it shall be the Bidder's responsibility to request from County or to obtain on their own any additional information and/or data which the Bidder deems necessary for preparing their Bid so as to be informed of anything that may affect the cost, progress, or performance of the Services in accordance with the time, price and other terms and conditions noted in the Bid Documents.

The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with all of the requirements of this Article, that without exception their Bid is premised upon performing the Services required by the Bid

Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Bid Documents, and that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of Services.

3.5. Modification / Withdrawal of Bid

Bidders have the right to modify or withdraw their Bid without cause or liability whatsoever at any time prior to the Bid submittal due date and time. Such requests must be made to County in writing.

Modified or withdrawn Bids may be resubmitted, in accordance with the instructions in this Invitation to Bid up to the Bid submittal due date and time. If applicable, any changes in pricing shall be so worded as not to reveal the pricing that was noted in the original Bid.

3.6. Tie Bids

Should there result in a tie Bid between two or more Bidders, County shall initiate the following actions:

• Award to Bidder who is a Disadvantaged Business Enterprise as registered with the State of Florida, or

• Draw lots or flip a coin, or

• Reject all Bids and re-solicit the service.

3.7. Split Bids

When in the best interest of the County, an award of a Bid may be made on the basis of each item, or group of items, to the lowest, most responsive and responsible Bidders who's Bid meets the requirements of this Invitation to Bid. County reserves the option to award to one or more qualified Bidders.

3.8. Less Than Two Bids Received

If less than two Bids are received, County may negotiate the best terms and conditions with that Bidder or reject the Bid and re-solicit the service.

3.9. Next Low Bidder

In the event of default by the Awarded Bidder, County reserves the right to utilize the next lowest Bidder as the new

Awarded Bidder. In the event of this occurrence, the next lowest Bidder, if it wishes to accept the award, shall be required to provide the bid items at the prices as contained in its bid for the commodity noted in this Invitation to Bid.

3.10. Rights of the County

County reserves the right to debar or suspend, for no longer than three (3) years, a Bidder from any solicitation process should it be discovered that (1) Bidder was in violation of any of the issues listed in the VENDOR/CONTRACTOR

RESPONSES (2) Bidder has shown a recent record of failure to perform or of unsatisfactory performance under any existing or past contracts County, provided such failure was not caused by acts beyond the control of Bidder, or (3) County became aware of anything concerning the Bidder that was found to be so serious and compelling as to affect responsibility of Bidder, including debarment or suspension by another governmental entity. County will not exercise this right until after written notice has been given to Bidder and reasonable opportunity has been given for Bidder to be heard. The decision of debarment or suspension shall be final and conclusive.

3.11. Bid Evaluation and Award

County reserves the right to (1) cancel this Invitation to Bid, (2) reject any or all Bids, (3) waive any or all irregularities in the

Bids, (4) modify the scope of the Services, (5) waive any minor departure from the specifications, or (6) disregard all nonconforming, non-responsive, unbalanced or conditional Bids, as long as such does not give Bidder an advantage or benefit not enjoyed by the other Bidders or does not adversely impact the interests of County. County reserves the right to re-advertise the Invitation to Bid, when it is in the best interest of County. County also reserves the right to reject the Bid of any Bidder if County believes that it would not be in its best interest to make an award to that Bidder, whether because the

Bid is non-responsive, the Bidder is unqualified or of doubtful financial ability or Bidder fails to meet any other pertinent standard or criteria established by County.

In evaluating Bids, the County shall consider (1) the qualifications of Bidders, (2) whether or not the Bids comply with the prescribed requirements, (3) such alternates, unit prices and other data, as may be requested in the Invitation to Bid, (4) the qualifications and experience of the Bidder's proposed Subcontractors and major equipment/material suppliers, (5) any additional terms and conditions, exceptions or variances stipulated by Bidder, and (6) operating costs, maintenance requirements, performance data, warranties and guarantees.

County may conduct such investigations as County deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders and their proposed subcontractors and major equipment/material suppliers to County's satisfaction. County reserves the right to seek clarification or request any information deemed necessary for proper evaluation of Bids from all Bidders deemed eligible for contract award. Failure to provide the requested information may result in rejection of the Bid.

If award of the Bid is to be made, it shall be made to the lowest most responsive and responsible Bidder whose evaluation by County indicates that the award will be in the best interest of County or the Project. County shall give

Successful Bidder a Notice of Intent to Award by way of facsimile or e-mail, however, no contract shall be formed between

Successful Bidder and County until County signs the Agreement.

County reserves the right to award one or more qualified Bidders if it serves as County’s best interest. County shall issue a written Notice of Intent to Award, if any, to the Successful Bidder(s), however, no contract shall be formed between the

Successful Bidder(s) and County until approved at a Citrus County Board of County Commissioners Meeting.

3.12. Manufacturer's Name and Approved Equivalents

Unless the Bid Documents state otherwise, Bidder's price is to be based on the materials or equipment as described in the specifications without consideration of possible "substitute", "or-equivalent", or "or equal" items.

Whenever it is indicated in the specifications that a "substitute", "or-equivalent", or "equal" material or equipment may be furnished, Bidder may submit such "substitute", "or-equivalent", or "or equal" item as an Alternate to that specified, which the Bidder must clearly state in their Bid. In doing so, the Bidder must also submit with their Bid a side-by-side comparison of such "substitute", "or-equivalent", or "equal" material or equipment to the material or equipment specified. County will evaluate such "substitute", "or-equivalent", or "or equal" material or equipment and make a determination as to whether it is in fact a "substitute", "or-equivalent", or "equal" material or equipment. Any decision made by County, whether adverse or not, shall be final and conclusive.

3.13. Acceptance of Bid Content

The submission of a Bid in response to this Invitation to Bid shall be considered as a representation that (1) Bidder has carefully investigated all conditions that affect, or may at some future date, affect the provision of the Services covered by this Invitation to Bid and (2) Bidder is fully knowledgeable and possesses the skills to perform the Services covered under this Invitation to Bid.

The contents of the Bid submitted by Bidder, including any special terms and conditions, variances, and exceptions that may be agreed to by County, shall become the basis for contractual obligations if award is made to Bidder.

3.14. Conflict of Interest

Bidders shall disclose in their Bid the name of any officer, director, employee or other agent who is also an employee of the

County. Bidders shall also disclose the name of any County employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder's company or its affiliates.

Any Bidder or their proposed subcontractors who are currently involved in a contract with the County that may have a potential or actual conflict of interest regarding this solicitation shall be required to submit such information with their Bid, which shall include sufficient details regarding the actual or potential conflict of interest to allow the County to evaluate the

Bid, including but not limited to existing contracts that the Bidder has with the County that may conflict with the Services being performed pursuant to this Invitation to Bid. Failure to do so may result in an adverse determination by the

County. The County also reserves the right to request additional information regarding such conflict of interest.

The County will determine whether Bidder or their proposed subcontractor has a conflict of interest that will interfere with

Bidder’s ability to perform the Services outlined in this Invitation to Bid and notify Bidder of the determination.

Should there be a potentially irresolvable conflict; County will make a determination regarding such conflict. Any Bidder or their proposed subcontractors or major equipment/material suppliers found to have a conflict of interest which the County determines, in its sole discretion, will interfere with the Bidder’s ability to perform the Services outlined in this Invitation to

Bid will be informed of the determination. Any Bid submitted in contravention of the determination may be deemed non-responsive. County also reserves the right to cancel any Award with any Bidder who fails to disclose any conflict of interest during the procurement process.

The Bidder, its employees, and proposed subcontractors, are prohibited from entering into any contract with the County or any other governmental entity during the term of any Contract covered under this Invitation to Bid that would create a conflict of interest or the appearance of a conflict of interest with the Services noted in the Invitation to Bid.

3.15. Documentation Becomes the Property of the County

All documentation produced as part of this Invitation to Bid, inclusive of documentation submitted in response to this

Invitation to Bid shall become the exclusive property of County. Documentation may not be removed by the Bidder or their agent and will not be returned to the Bidder.

3.16. Review of Bidder’s Facilities and Bid

Prior to issuance of a Notice of Award, County reserves the right to perform or have performed an on-site review of the

Bidder’s facilities, their qualifications, as well as documentation provided by the Bidder. This review will serve to verify data and representations submitted by Bidder and may be used to determine whether Bidder has an adequate, qualified, and experienced staff that can provide the necessary resources and perform the Services covered under this Invitation to

Bid. Should the County determine that (1) the Bid or subsequent documentation submitted by Bidder has material misrepresentations, or (2) the size or nature of Bidder’s resources, or the number of experienced personnel (including technical staff) are not adequate to ensure satisfactory performance, or (3) County ascertains any other basis for concern as to the Bidder’s ability to perform the Services, County has the right to reject the Bidder’s Bid.

3.17. Financial Strength

Prior to award of a contract, County reserves the right to request financial information from the Successful Bidder to assist the County in further review of that Bidder’s qualifications and capabilities and to verify whether the Bidder has adequate financial capacity to meet the requirements of the Invitation to Bid. Financial information provided shall be for the current and previous two years, to include, but not be limited to a financial statement prepared by a Certified Public Accountant

(i.e., balance sheet and income and cash flow statements) or a Supplier Qualifier Report prepared by Dun & Bradstreet.

3.18. Clarifications

Before contract award, County reserves the right to seek clarification from Bidders to properly evaluate their Bid.

3.19. Drug-Free Workplace

The County has a “zero tolerance” policy concerning the use of drugs and alcohol in the workplace. The Successful Bidder will be required to comply with such policy and ensure that its employees and the employees of its subcontractors follow and comply with such policy.

3.20. Public Records Act

Bidders should make themselves familiar with Chapter 119, Florida Statutes concerning availability of public records.

Section 119.071, Florida Statutes, provides that sealed bids, proposals, or replies received by a Florida public agency shall remain exempt from disclosure until an intended decision is announced or until 30 days from the opening, whichever is earlier. This means that Bidders will not be able to procure a copy of their competitor’s Bids until an intended decision is reached or 30 days has elapsed since the time of the Bid opening. Bid Documents may be viewed during normal business hours (which is Monday through Friday; 8:00 AM to 5:00 PM) at 3600 W. Sovereign Path, Suite 283, Lecanto, Florida. To request copies, visit our public records request portal:

https://www.citrusbocc.com/departments/commissioners/public_records_request.php

Florida law generously defines what constitutes a public record and under Chapter 119, Florida Statutes, all Bids are to be made available by County for viewing by the general public. If a Bidder believes that their Bid contains information that should not be a public record, the Bidder shall clearly segregate and mark that information as “Confidential” and describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. Any documents given to the Successful Bidder as part of performing the Work covered under this Invitation to

Bid shall not be sold or distributed to third parties without the written consent of County.

Successful Bidder will be required to retain a copy of these documents for a minimum of three (3) years from completion of the Agreement. All documents, papers, letters, e-mails or other material made or received by the Successful Bidder in conjunction with the Work, unless exempt from Section 24(a) of Article I, Florida Constitution and Section 119.07(1), Florida

Statutes, shall be made available for public access. Should the Successful Bidder refuse to allow such access, County has the unilateral right to cancel the Award.

Bidders should consult an attorney as to their duties under the records and information laws (Section 257.36, Florida

Statutes) and public records laws (Chapter 119, Florida Statutes) of the State of Florida. Significant judicial sanctions can be imposed for violation of these Statutes.

3.21. Protests

Any Bid award recommendation may be challenged on the grounds of material irregularities in the procurement procedure or in the evaluation of the Bid. Any person who submits a Bid, but is not recommended for award of the contract, may protest such decision in strict compliance with this section. Failure to Comply with the Solicitation Protest Procedures within the time frames prescribed herein shall constitute a waiver of such protest and any resulting claims.

1. Notice of Intent to File a Protest. Any person who wishes to file a protest hereunder must file a Notice of Intent to

File a Protest (“Notice”), in writing, with Department of Management & Budget (“DMB”) within 72 hours of the public opening for Invitations to Bids. Such Notice is considered filed when it is received by DMB. A copy of the Notice must also be provided to the apparent best Bidder. The Notice shall include the name and address of the protester, https://www.citrusbocc.com/departments/commissioners/public_records_request.php

County Bid number and title, the grounds upon which it is based, and must clearly indicate it is a Notice of Intent to

File a Protest.

2. Formal Protest. Within five (5) business days after the filing of the written Notice of Intent to File a Protest, a formal

Bid protest must be filed with DMB. The formal protest is considered filed when it is received by DMB. A copy of the formal protest must also be provided to the apparent best Bidder. The formal protest shall include the following:

1. County Bid number and title.

2. Name and address of the protester.

3. Concise statement of the facts alleged and of the rules, regulations, ordinances, statutory or constitutional provision, or other legal authorities entitling the protester to the relief requested.

4. Specifically request the relief to which the protester deems themselves entitled.

5. Any other relevant information that the protester deems to be material to the protest.

3. Protest Bond. Each formal protest must be accompanied by a protest bond in the form of a certified check, cashier’s check, or money order made payable to Citrus County, Florida in an amount not less than five percent (5%) of the protester’s Bid submitted to the County. If the protester prevails, the bond shall be returned to the protester. However, if after completion of the Solicitation Protest Procedures the County denies the protest, the bond shall be forfeited to County.

4. Stay of Procurement. Once a formal protest is timely filed, DMB shall stay the award of the contract the County

Administrator determines that delaying the award of the contract will adversely impact substantial interests of the county.

5. Review of Protest by DMB. Within ten (10) business days of the filing of the formal protest, the DMB Director shall issue a written determination, including the rationale for reaching such a determination. The written determination shall also inform the protester of his/her right to appeal the DMB Director’s decision to the County Administrator.

6. Appeal of DMB Determination. The protester may appeal the DMB Director’s determination, in writing, to the

County Administrator no later than five (5) business days after receipt of the DMB Director’s determination.

7. Final Determination of County Administrator. Within seven (7) business days of the filing of the appeal, the County

Administrator, upon consulting with the County Attorney, shall issue a final determination. The decision of the

County Administrator will be final.

3.22. Solicitations or Awards in Violation of Law

If, prior to Award, it is determined that this Invitation to Bid or proposed Award is in violation of law, then this Invitation to

Bid or Award shall be cancelled or revised to comply with the law.

If, after Award, it is determined that this Invitation to Bid or the Award is in violation of law, then the Award may be ratified and affirmed by the Board of County Commissioners, provided it is determined that doing so is in the best interest of County, or the Award may be terminated.

3.23. Lobbying

Bidders shall not lobby any County or State Agency on any aspect of this Invitation to Bid during the procurement process

(i.e., from the time the Invitation to Bid is advertised to execution of an Agreement). Violation of this restriction can cause for disqualification from the procurement process.

3.24. E-Verification System

Bidder and its subcontractors shall utilize the U.S. Department of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, in accordance with Section 448.095, Florida Statutes, to verify the employment eligibility of: (1) all persons employed by Bidder during the contract term to perform any duties within Florida, and; (2) all persons, including https://e-verify.uscis.gov/emp subcontractors, assigned by Bidder to perform work pursuant to this Contract. Bidders meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision. Bidder and its subcontractors shall provide County with affidavits stating that they do not employ, contract with, or subcontract with an unauthorized alien. County is obligated to terminate this Agreement upon a good faith belief that Bidder or its subcontractors has knowingly violated Section

448.095, Florida Statutes.

3.25. Immigration and Nationality Act

Bidder shall comply with all immigration laws as outlined in 8 USC § 1324a – Unlawful employment of aliens. County will not intentionally award contracts to any Bidder who knowingly employs unauthorized alien workers. Any violation of the employment provisions outlined in the Immigration and Nationality Act throughout the term of any Agreement with County may constitute grounds for immediate termination of said Agreement.

3.26. Equal Employment Opportunity

Bidder/Respondent shall not discriminate on the basis of race, color, sex, creed, age, national origin, religion, disability or genetic information in accordance with the Provisions of: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000 et seq.);

Title VII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.); Florida Civil Rights Act of 1992 (§ 760.10 et seq.); Title

41 CFR Part 60; Title 49 CFR 23 and 49 CFR 26 for Disadvantaged Business Enterprises; Age Discrimination Act of 1975

(42 U.S.C. § 6101, et seq.), Title 49 CFR 21; Title 49 CFR 27; Americans with Disabilities Act of 1990 (42 U.S.C. 12102, et.

seq.), Federal Fair Labor Standards Act (29 U.S.C. § 201, et. seq.), and any other Federal and State discrimination statute. Bidder/Respondent shall furnish pertinent information regarding its employment policies and practices as well as those of their proposed subcontractors as the Secretary of Labor or County may require. The above shall be required of any subcontractor hired by Bidder/Respondent. All Equal Employment Opportunity requirements shall be included in all non-exempt subcontracts entered into by Bidder/Respondent. Subcontracts entered into by Bidder/Respondent, shall also include all other applicable labor provisions. No subcontract shall be awarded to any non-complying subcontractor.