Landscape_Maintenance-_Taft_Area_Section_I.pdf

INVITATION FOR BIDS

Y26-1007

LANDSCAPE MAINTENANCE- TAFT AREA SECTION I

Orange County, Florida

400 E South Street

Orlando, FL 32801

RELEASE DATE: October 5, 2026

DEADLINE FOR QUESTIONS: October 14, 2026, 5:00 pm

RESPONSE DEADLINE: November 5, 2026, 4:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Orange County, Florida

INVITATION FOR BIDS

Landscape Maintenance- Taft Area Section I

I. Introduction & Submittal Instructions II. Solicitation Terms & Conditions

III. Scope of Services / Specifications IV. Business Development V. Insurance Requirements

VI. Contract Terms and Conditions VII. Special Terms and Conditions

VIII. Bid Response Form (Submittal) IX. Fee Schedule X. Required Contract

Attachments:

A - IFB_Y26-1007_Scope_of_Services FINAL

B - Attachment B- Taft I Locations List

C - Attachment C - Taft I Boundary Map

Invitation for Bids #Y26-1007 Title: Landscape Maintenance- Taft Area Section I

1. Introduction & Submittal Instructions

1.1. Summary

NOTICE IS HEREBY GIVEN that Orange County, Florida, henceforth referred to as the County is accepting sealed offers for Landscape Maintenance- Taft Area Section I (Y26-1007)

Sealed offers for furnishing the above will be accepted up to 4:00 pm ET on Thursday, November 5, 2026.

NOTE: Respondents are required to submit responses electronically via the OpenGov e-Procurement

Platform. Respondents shall not be permitted to hand-deliver, mail, telephone, fax or email offers.

Responses received after the submission deadline and/or transmitted outside of the designated

OpenGov e-Procurement Platform shall be rejected.

Important Instructions for Electronic Submittal

The County is ONLY accepting electronic submissions using the OpenGov e-Procurement Platform.

Respondents shall create a FREE account with OpenGov by signing up at https://procurement.opengov.com/login . Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic offer.

It is the Respondent's responsibility to ensure they commence their upload efforts timely to meet the submission deadline. The County shall not be responsible for delays caused by any occurrence, including the Respondent's network delays, bandwidth issues, internet outages, or technical difficulties.

OpenGov Technical SupportFor Technical Support, respondent's can reach the OpenGov Service Desk:

Chat (preferred): Click the button in the lower right hand corner of the portal

Email: procurement-support@opengov.com

Phone: 1 (650) 336-7167 Hours: Mon-Fri 7am - 10pm ET

Timely Questions Regarding this Solicitation

The question and answer module of OpenGov IS being utilized for this solicitation. Timely questions concerning this solicitation shall be submitted in accordance with the deadline for questions:

Wednesday, October 14, 2026 at 5:00 pm ET. Respondents are instructed not to contact the initiating division directly.

https://procurement.opengov.com/login

Consideration for modification or alteration of the documents contained in this solicitation shall be requested during the specified question period, before the applicable deadline. No oral interpretation of the meaning of the plans, specifications, or other Contract documents shall be considered binding. The

County shall be bound by information and statements only when such statements are written and executed under the authority of the Manager, Procurement Division.

Answers for timely questions will be addressed in the OpenGov question and answer module or as an addenda to this solicitation depending on volume, participants are encouraged to subscribe as a follower and monitor all notifications. Beyond questions and answers, any and all modifications, clarifications, interpretations and supplemental instructions will be in the form of a written addendum which, if issued, will be available for download. All addenda and questions/answers so issued shall become part of the Contract Documents and receipt shall be acknowledged as specified herein.

This provision exists solely for the convenience and administrative efficiency of Orange County. No

Respondent or other third party gains any rights by virtue of this provision or the application thereof, nor shall any Respondent or third party have any standing to sue or cause of action arising there from.

Untimely questions are unable to be submitted in the question and answer module, thereafter respondents raising critical concerns must email ana.villalona@ocfl.net. Critical clarifications may be made via addenda, however, untimely questions may not be considered.

1.2. Background

Orange County exercises the rights and privileges conveyed to it by the State of Florida, and the Orange

County Charter. It presently operates with an elected chief executive officer, Orange County Mayor, and six elected district commissioners, who together comprise the Board of County Commissioners.

Procurement is an essential function of the County, affecting all operational departments, ongoing projects and future initiatives. The Procurement Division is divided into three (3) Sections, the “Buying

Section”, the “Purchasing Section” and the “Contracts Section”.

The Orange County Procurement Division operates under the leadership of Carrie Mathes, FNIGP, CFCM, NIGP-CPP, CPPO, C.P.M., CPPB, APP as Procurement Division Manager and Chief Procurement Official in accordance with the Orange County Ordinance.

1.3. Contact Information

Orange County Procurement Point of Contact

Ana Villalona

Contracting Agent

Email: ana.villalona@ocfl.net

Phone: (407) 836-5640

Department:

Administrative Svcs., Procurement Division mailto:ana.villalona@ocfl.net tel:(407)836-5640

1.4. Timeline

Release Project Date October 5, 2026

Pre-Bid Meeting (Non-Mandatory) October 12, 2026, 10:00am

PRE-BID CONFERENCE:

A Non-Mandatory Pre-Bid Conference will be held on Monday, October 12, 2026, 10:00 AM, virtually via Microsoft Teams. Attendance is not mandatory but is encouraged.

Interested parties may observe the meeting:

1. Virtually via Microsoft Teams Events at the following website:

https://teams.microsoft.com/meet/286912804107

123?p=XTEyx76wo4sw6BOeQI

Meeting ID: 286 912 804 107 123 Password:

r8in3zT3

Audio: 1-408-792-6300

OR:

2. By telephone at the following number: 1 689-

206-9279

Phone Conference ID: 266 022 787#

Question Submission Deadline October 14, 2026, 5:00pm

Good Faith Effort Submission Deadline October 26, 2026, 4:00pm

Submission Deadline November 5, 2026, 4:00pm https://teams.microsoft.com/meet/286912804107123?p=XTEyx76wo4sw6BOeQI https://teams.microsoft.com/meet/286912804107123?p=XTEyx76wo4sw6BOeQI

2. Solicitation Terms & Conditions

2.1. Contract Award

Award shall be made on an all-or-none estimated total basis to the lowest responsive and responsible

Respondent.

Failure to provide pricing for ALL line items shall render the response non-responsive.

2.2. License, Certification and Authorization

Respondent shall provide copies of all applicable licenses, certifications and authorizations required to lawfully perform the proposed work.

2.3. Contract Term

The Contract resulting from this solicitation shall commence effective upon execution by both parties and shall specify a performance period of five (5) years. For the duration of the contract, any changes in the terms and conditions shall be reduced to writing as an amendment to this contract and such amendment shall be executed by both parties.

2.4. Bid Acceptance Period - One Hundred Twenty (120) days

A bid shall constitute an irrevocable offer for a period of one hundred twenty (120) days from the public opening date or until the date of award. In the event that an award is not made by the County within one hundred twenty (120) days from the public opening date, the Respondent may withdraw their offer or provide a written extension without modification.

2.5. Proprietary/Restrictive Specifications

If a prospective respondent considers the specification contained herein to be proprietary or restrictive in nature, thus potentially resulting in reduced competition, they are urged to contact the Procurement

Division prior to the question submission deadline. Specifications which are unrelated to performance will be considered for deletion via addendum to this solicitation.

2.6. Development or Assistance with Specifications /Requirements /Statements of Work

Firms or individuals that assisted in the development or drafting of the specifications, requirements, statements of work, or documents contained within this Solicitation are excluded from competing for this Solicitation.

This shall not be applicable to firms or individuals providing responses to a publicly posted Request for

Information (RFI) associated with this Solicitation.

2.7. Laws and Regulations

The Respondent's attention is directed to the fact that all applicable Federal and State laws, municipal and county ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the Contract throughout, and they will be deemed to be included in the

Contract the same as though herein written.

Respondents are hereby provided notice of the provisions of Section 287.05701, Florida Statutes

2.8. No Reciprocal Preference

The County's option to award a reciprocal preference, provided in the Orange County Code of

Ordinances, Sec. 17-310, Competitive sealed bid process, is waived and shall not be applicable to this solicitation award.

2.9. Price/Delivery

Price(s) offered must be the price(s) for new goods, unless otherwise specified. Any offers containing modifying or “escalator” clauses will not be considered unless specifically requested in the bid specifications.

“Acceptance” as herein used means the acceptance by Orange County after the Manager, Procurement

Division or authorized agent has, by inspection or test of such items, determined that they fully comply with specifications.

Deliveries resulting from this offer are to be performed during the normal working hours of the

County. Time is of the essence and the Contractor’s delivery date must be specified and adhered to.

Should the Contractor, to whom the order or contract is awarded, fail to deliver on or before the stated date, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere, and the Contractor shall be required to compensate the County for the difference in price paid for the alternate goods. The Contractor shall be responsible for making any and all claims against carriers for missing or damage goods. Partial shipments will be acceptable unless otherwise stated.

2.10. Federal and State Tax

The County is exempt from Federal and State Sales and Use Taxes for tangible personal property

(Certificate of Registry for tax transactions under Chapter 32, Internal Revenue Code and Florida

Sales/Use Tax Exemption Certificate).

Contractors doing business with the County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any Contractor be authorized to use the County’s Tax Exemption Number in securing such materials.

2.11. Acceptance/Rejection/Cancellation

The County reserves the right to accept or to reject any or all offers and to make the award to that

Respondent who, in the opinion of the County, will be in the best interest of and/or the most advantageous to the County. The County also reserves the right to reject the offer of any Respondent who has previously failed in the proper performance of an award, to deliver on time contracts of a similar nature, or who, in the County’s opinion, is not in a position to perform properly under this award.

The County reserves the right to inspect all facilities of Respondents in order to make a determination as to the foregoing. The County reserves the right to waive any irregularities and technicalities and may, at its discretion, request a re-solicitation. Award will be made to the lowest responsive and responsible

Respondent as determined by the County.

The County reserves the right, and the Manager, Procurement Division has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code.

2.12. Certification of Independent Price Determination

By submission of this offer, the Respondent certifies, and in the case of a joint offer each party thereto certifies as to its own organization, that in connection with this procurement:

A. The prices in this offer have been arrived at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Respondent or with any competitor.

B. Unless otherwise required by law, the prices which have been offered in this proposal have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent prior to opening, directly or indirectly to any other Respondent or to any competitor; and, C. No attempt has been made or shall be made by the Respondent to induce any other person or

Respondent to submit or not to submit an offer for the purpose of restricting competition.

2.13. No Bid

Where more than one item is listed, any items not bid upon shall be indicated as “NO BID”.

Respondents are cautioned that indicating "NO BID" on solicitations requiring all-or-none offers may result in the offer being deemed non-responsive.

2.14. Bid Tabulation and Recommended Award

Public Openings are held each Wednesday at 9:30am and Friday at 9:30am. A public opening of responses will be conducted at the next posted Procurement Public Meeting following the submission deadline. In the event of a County Holiday or unforeseen delay, responses shall remain sealed until the next public meeting.

Firms will be able to attend the public opening virtually, see the following instructions:

Visit: https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b

Meeting number: 286 177 361 Password: Go2Meeting

Join by phone Option 1: 1-408-792-6300 Access code: 286 177 361

Join by phone Option 2: 1-617-315-0740 Access code: 286 177 361

Join by phone Option 3: 1-602-666-0783 Access code: 286 177 361

The physical meeting location is 400 E. South Street, 2nd Floor, Orlando, Florida 32801.

Solicitation files may be examined during normal working hours, thirty (30) days after public opening, or upon recommendation for award, whichever occurs first. Individuals desiring to view these documents are urged to schedule an appointment. For information concerning this solicitation, please contact the https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b

Procurement Division at procurement@ocfl.net or by calling (407) 836-5635. Please specify the solicitation number for which you are inquiring. Solicitation public opening results will be available at http://apps.ocfl.net/orangebids/bidresults/results.asp. Unsuccessful Respondents will not be notified, unless a request is submitted in accordance with this paragraph.

2.15. References

Each similar project listed should be listed with complete information as specifically provided on

County’s provided reference form. The specific information on references should be provided on the reference form. Do not attach listings of reference information.

All Respondents should submit the requisite number of similar projects. Each such project must be verified by the county in order to be deemed responsible under this “references” section. Failure to provide reference information as requested or failure to conform to the County’s form requirements may result in the rejection of your bid.

RESPONDENTS ARE ADVISED TO CONFIRM THAT:

a. Each reference provided by the Respondent has up to date contact persons and contact information;

b. The contact person provided for each reference is someone who has personal knowledge of the

Respondent’s performance during the referenced project; and

c. The contact person for each reference has been contacted by the Respondent regarding this specific bid submittal and such person confirmed their willingness to serve as a reference.

THE COUNTY WILL CONTACT THE REFERENCES PROVIDED AND WILL REJECT ANY AND ALL REFERENCES

FOR SIMILAR PROJECTS THAT IT IS UNABLE TO INDEPENDENTLY VERIFY.

2.16. General Clarifications

Notwithstanding anything to the contrary herein, without assuming any obligation to do so, the County reserves the right to seek clarifications by allowing Respondents the opportunity to supplement or correct their submittals as follows. However, except in the case of a sole Respondent, negotiations to the fee proposal or material changes to the offer and its terms will not be permitted.

1. References

Respondents may be permitted to submit additional references or similar project documentation.

Outreach shall be conducted with—at minimum—the three (3) lowest Respondents for supplemental submission of references. Any such opportunity to supplement or correct granted to a Respondent by the County shall expire at 11:59 p.m. county local time on the second full county business day following the date the Respondent receives the County’s request for supplementation. No additional time or consideration shall be granted thereafter.

2. Other Documentation http://apps.ocfl.net/orangebids/bidresults/results.asp

The County reserves the right to allow Respondents to submit omitted or corrected qualification criteria such as resource confirmations, license copies, and compliance forms. Any such opportunity to supplement or correct granted to a Respondent by the County shall expire at 11:59 p.m. county local time on the second full county business day following the date the Respondent receives the County’s request for supplementation. No additional time or consideration shall be granted thereafter.

3. Gross Deficiencies in Submittals

Respondents demonstrating gross negligence in their submittals may receive no additional time or consideration from the County. A Respondent is deemed grossly negligent in their submittal when they fail to submit an irrevocable offer, submit only a bid form (fee) while fully omitting all qualification criteria and compliance forms, or otherwise fail to meet the fundamental requirements of the solicitation.

4. Responsibility Determination

The County’s decision to seek clarification from a Respondent does not guarantee a determination of responsiveness or responsibility. Respondents permitted to clarify, supplement or correct their submittals may still ultimately be deemed non-responsive or non-responsible based on other considerations, including but not limited to the overall content of their submittal and any documented history of negative performance on previous County projects.

2.17. Joint Venture Requirements

Respondents submitting as a Joint Venture shall submit documentation as an attachment to their bid response.

If applicable, failure to timely submit

(1) the required Information for Determining Joint Venture Eligibility Form AND (2) a fully executed copy of your joint venture agreement may result in disqualification.

The Information for Determining Joint Venture Eligibility form can be found at on the County's Forms and Resources website (https://www.ocfl.net/vfr).

2.18. Posting of Recommended Award and Protests

The recommended award will be posted for review by interested parties at the Procurement Division and at:

http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp prior to submission through the appropriate approval process and will remain posted for a period of five (5) full business days.

Orange County Lobbyist Regulations General Information:

http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx https://www.ocfl.net/Portals/0/Library/Vendor%20Services/forms/Joint-Venture-Eligibility-Form-CERT.pdf https://www.ocfl.net/Portals/0/Library/Vendor%20Services/forms/Joint-Venture-Eligibility-Form-CERT.pdf https://www.ocfl.net/vfr http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

A lobbying blackout period shall commence upon issuance of the solicitation until the Board selects the

Contractor. For procurements that do not require Board approval, the blackout period commences upon solicitation issuance and concludes upon contract award.

The County may void any contract where the County Mayor, one or more County Commissioners, or a

County staff person has been lobbied in violation of the black-out period restrictions of Ordinance No.

2002-15.

Orange County Protest Procedures:

http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx

Failure to file a protest with the Manager, Procurement Division by 5:00 PM on the fifth full business day after posting, shall constitute a waiver of bid protest proceedings.

2.19. Offer and Related Costs

By submission of an offer, the Respondent agrees that any and all costs associated with the preparation of the offer will be the sole responsibility of the Respondent. The Respondent also agrees that the

County shall bear no responsibility for any costs associated with the preparation of the offer including, but not limited to, any administrative or judicial proceedings resulting from the solicitation process.

2.20. Contractual Agreement

This Invitation for Bids shall be included and incorporated in the final contract or purchase order. The order of contract precedence will be the executed contract (purchase order), permits (if applicable), all solicitation documents (inclusive of addenda), bonds, insurance, and response. Any and all legal actions associated with this Invitation for Bids and/or the resultant contract (purchase order) shall be governed by the laws of the State of Florida. Venue for any litigation involving this contract shall be the Ninth

Circuit Court in and for Orange County, Florida.

2.21. Public Entity Crime

Section 287.133(3)(d), Florida Statutes, provides that the Florida Department of Management Services shall maintain a list of the names and addresses of those who have been disqualified from participating in the public contracting process under this section.

http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted

_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list

A person or affiliate who has been placed on The Convicted Vendor list following a conviction for a public entity crime shall not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, shall not submit bids on leases of real property to a public entity, shall not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and shall not transact business with any public entity in excess of the threshold amount provided in Florida Statute Section 287.017, for CATEGORY TWO, for a period of thirty-six (36) months from the date of being placed on The Convicted Vendor List.

http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list

2.22. Florida Convicted/Suspended/Discriminatory Complaints

By submission of an offer, the Respondent affirms that it is not currently listed in the Florida

Department of Management Services Convicted/Suspended/Discriminatory Complaint Vendor List.

2.23. Conflict of Interest

The award is subject to provisions of applicable State Statutes and County Ordinances. All Respondents must disclose with their bid the name of any officer, director, or agent who is also an employee of

Orange County. Further, all Respondents must disclose the name of any County employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Respondent's firm or any of its branches. Should the Respondent permanently or temporarily hire any County employee who is, or has been, directly involved with the Contractor prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the County.

2.24. Ethics Compliance

The following forms are included in this solicitation within the Contract Compliance Packet and shall be completed and submitted as indicated below:

• Relationship Disclosure Form – The purpose of this form is to document any relationships between a Respondents to an Orange County solicitation and the Mayor or any other member of Orange County, Florida. This form shall be completed and submitted with the applicable bid to an Orange County solicitation.

No contract award shall be made unless compliance forms have been completed and submitted. Any questions concerning these forms shall be addressed to the contact identified in this solicitation. Also, a listing of the most frequently asked questions concerning these forms is provided within each form for your information.

2.25. Payment Terms/ Discounts

The County’s payment terms are in accordance with Florida Statute 218, Local Government Prompt

Payment Act. Cash discounts for prompt payment shall not be considered in determining the lowest net cost for bid evaluation purposes.

2.26. Clarifications

It is the Respondent's responsibility to become familiar with and fully informed regarding the terms, conditions and specifications of this Invitation for Bids. Lack of understanding and/or misinterpretation of any portions of this Invitation for Bids shall not be cause for withdrawal of your bid after opening or for subsequent protest of award. Respondent's must contact the Procurement Division using the contact information herein prior to the bid question/answer deadline, should clarification be required.

Modification or alteration of the documents contained in the solicitation or contract shall only be valid if mutually agreed to in writing by the Respondent and the County.

2.27. Pricing Errors

If an error is committed in the sub-total extension of an item or the overall total, the unit price as shown in the Respondent's submittal will govern.

Errors between any amount computed erroneously, and the correct amount thereof will be resolved in favor of the correct amount based on the unit price.

Any discrepancy between words and numbers will be resolved in favor of the written words.

2.28. Execution Of Written Contract

The successful Respondent will be required to sign a written Contract which has been made a part of this Bid Package and identified as the #Required Contract. Said written Contract will evidence in written form the agreement between the parties pursuant to the award having been theretofore made by the

County to this Respondent; said signing to be accomplished within ten (10) days after receipt of Notice of Award.

2.29. Trade Secret Information

Orange County is subject to the State of Florida’s broad public records laws. Therefore, all documents, materials, records, data, or any other information submitted as part of a solicitation response are considered public records governed by the disclosure, exemption, and confidentiality provisions relating to public records in Florida law, including those found in Chapter 119, Florida Statutes.

Section 815.045, Florida Statutes, makes trade secret information, as defined in Section 812.081, Florida

Statutes, confidential and exempt from disclosure under Florida public records law. However, please note the following:

A. A Respondent’s desire for privacy of particular information submitted to the County does not make such information trade secret information. Respondents cannot render public records exempt from disclosure as containing trade secret information merely by designating information it furnishes to the County as confidential. Only information that specifically meets the exemption in Section 815.045, Florida Statutes, should be designated as trade secret information by Respondents.

B. Any Respondent who fails to designate information contained in its solicitation response as trade secret information at the time of solicitation response submittal has not taken the required measures or made reasonable efforts to maintain such information’s secrecy and has therefore waived any right to assert trade secret protections for such information. The County will therefore not consider any Respondent’s request to designate information in a solicitation response as trade secret information that is made after the time of solicitation submittal.

The County is not soliciting, nor does it desire, the submission of any Respondent’s trade secret information as part of this solicitation response. Notwithstanding the foregoing, to the extent that a

Respondent finds it necessary to designate certain information in its solicitation response as being trade secret information, the Respondent shall attach the following items to its solicitation response:

https://procurement.opengov.com/portal/orangecountyfl/projects/299032/document?section=2869717

A. Trade Secret Information Itemization Log. The Respondent shall create and attach to its solicitation response a “Trade Secret Information Itemization Log” that:

1. Clearly itemizes any and all information that the Respondent designates as confidential trade secret information.

2. Completes such itemization in the narrowest and least expansive manner (word, line, paragraph, page, etc.) necessary to protect the confidentiality of the Respondent’s trade secret information.

3. Per item, provides the impacted submittal section/item number, a written explanation that comprehensively supports the Respondent’s classification of such information as trade secret information under state or federal law, and the legal citation under which such information is exempt and confidential from disclosure.

B. Redacted Impacted Submittals. For each submittal that contains information designated by the

Respondent as trade secret information, the Respondent shall attach a redacted copy of such impacted submittal. Such redactions must include notations containing cross-references to the itemized trade secret information as submitted in the Trade Secret Information Itemization Log.

Redactions must be made in the narrowest and least expansive manner (word, line, paragraph, page, etc.) necessary to protect the confidentiality of the Respondent’s trade secret information. Each redacted submittal copy must have a cover page and page header that is clearly marked as “REDACTED COPY”.

Respondents are advised that:

A. They must only redact the specific information that they, using good faith, believe to be confidential and exempt under applicable state or federal law and should not submit documents that have been broadly marked “CONFIDENTIAL”. Exemptions to Florida’s broad public records law are narrowly construed and therefore, the County is unable to accept broad designations of confidentiality or exemption from disclosure. Consequently, any such broad classification of trade secret information made by a Respondent may lead to its solicitation response being deemed non-responsive.

B. As a responsible steward of taxpayer funding and in the interest of transparency and accountability to the general public, the designation of the following information as trade secret information is not acceptable to the County and will therefore lead to a Respondent’s solicitation response being deemed non-responsive:

1. Any proposed rates, fees, or prices;

2. The total bid amount;

3. The general nature of the services rendered or goods being provided; and https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx

4. Any information contained in the County’s solicitation documents, including the

Respondent’s answers to any of the questions in the bid response form (not including any impacted submittals).

Any Respondent that submits a solicitation response that in any manner asserts or suggests that information contained therein is the Respondent’s trade secret information hereby acknowledges and agrees to all of the following:

A. To the extent the County deems necessary to effectively handle, process, review, evaluate, and maintain the Respondent’s solicitation response, the County and its officials, employees, agents, and representatives are hereby granted full rights to access, view, consider, and discuss any information designated by the Respondent as trade secret information. The County may make copies of, and distribute, the Respondent’s unredacted impacted submittals for the purposes of facilitating evaluation of such response.

B. For auditing purposes, the County may disclose the Respondent’s unredacted impacted submittals to the Orange County Comptroller’s Office and the County’s internal and external auditors. Additionally, should funding for the award be in any part provided by the State of

Florida or the Federal Government, the County may also disclose the Respondent’s unredacted impacted submittals to such entities for auditing purposes.

C. Trade secret information is not exempt under the broad open meetings provisions of Florida law. Accordingly, any information that the Respondent designates as trade secret information in its solicitation response may be openly discussed at public meetings that comply with Section

286.011, Florida Statutes. The County will, however, exclude or redact any such designated trade secret information from any records that may result from such public meetings.

D. The Respondent shall be solely responsible for defending the confidentiality of its designated trade secret information at its sole cost, which action shall be taken in a court of competent jurisdiction located in Orange County, Florida, immediately, but no later than ten (10) calendar days from the date the Respondent receives written notification from the County that a request for information designated by the Respondent as trade secret information was made. Failure of the Respondent to timely file an action to defend the confidentiality of its designated trade secret information shall constitute a waiver by the Respondent of any claim that such information is confidential or exempt from disclosure and will result in the County’s release of the requested records.

E. The Respondent shall hold harmless and indemnify the County, its officials, employees, agents, and representatives from any and all claims, actions, suits, judgments, fines, costs, fees

(including attorneys’ fees), or damages arising from or related to any designated trade secret information submitted or otherwise provided to the County by the Respondent, including but not limited to those arising from the County’s non-disclosure of such information in response to a public records request.

F. The protection afforded by section 815.045, Florida Statutes, to trade secretion information is incomplete, and no right or remedy for damages shall arise from any disclosure of such information by the County.

G. The confidentiality protections and records exemptions for any information designated by the

Respondent in its solicitation response as being trade secret information shall expire five (5) years from the date of the Respondent’s submittal of such response.

Notwithstanding anything to the contrary herein, without assuming any obligation to do so, the

County reserves the right to follow up with Respondents to seek clarification and to request additional information regarding any Respondent’s confidential trade secret designations.

The Trade Secret Information Itemization Log can be found at on the County's Forms and Resources website (https://www.ocfl.net/vfr).

2.30. Anti-Human Trafficking

Respondents shall confirm that they do not engage in or permit the use of coercion for labor or services as defined in Section 787.06, Florida Statutes.

Failure to confirm shall deem the offer non-responsive.

In accordance with Section 787.06, Florida Statutes, Contractor shall attest under penalty of perjury, that Contractor does not use coercion for labor or services as those terms are defined in that section.

Attestations shall be documented using a Human Trafficking Affidavit as provided by the County. The latest form is accessible on the County's Forms and Resources website (https://www.ocfl.net/vfr) or by emailing procurement@ocfl.net.

A Human Trafficking Affidavit shall be required when (1) executing, (2) renewing, or (3) extending a contract.

2.31. Debriefing of Respondents

Not later than thirty (30) days after Board approval of a selection or shortlist, a Respondent may submit a written request to the applicable Contracting Agent for a debriefing on the evaluation of their offer. The

Contracting Agent will schedule a meeting with the Respondent for the debriefing. However, at the

Respondent’s request, the debriefing may be conducted via telephone conference. The debriefing shall include the following minimum information:

A. Key requirements of the solicitation.

B. The significant weaknesses or deficiencies in the response, relative to the requirements of the solicitation.

C. If applicable, a summary of the rationale for award.

D. Responses to any relevant questions of the Respondent.

https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx https://www.ocfl.net/vfr https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.orangecountyfl.net%2FPortals%2F0%2FLibrary%2FVendor%2520Services%2Fdocs%2FHuman%2520Traffic%2520Template.docx&data=05%7C02%7CMaria.Guevara-Hall%40ocfl.net%7C47a1b4ec00ac4e56dd2408dc96ba79b5%7Cd054bfee60a64f9f8d90a10bc4585279%7C0%7C0%7C638550974868704030%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=H0%2B%2BGVP62urTWnMVBP3enmclpuNG%2BLgTvlcM7fBNjCw%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ocfl.net%2Fvfr)&data=05%7C02%7CMaria.Guevara-Hall%40ocfl.net%7C47a1b4ec00ac4e56dd2408dc96ba79b5%7Cd054bfee60a64f9f8d90a10bc4585279%7C0%7C0%7C638550974868716634%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=8SJXZn6F3GhtNvLRHUgXeFf77JRQm9YYHQUFXZaVjFE%3D&reserved=0 mailto:procurement@ocfl.net https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.orangecountyfl.net%2FPortals%2F0%2FLibrary%2FVendor%2520Services%2Fdocs%2FHuman%2520Traffic%2520Template.docx&data=05%7C02%7CMaria.Guevara-Hall%40ocfl.net%7C47a1b4ec00ac4e56dd2408dc96ba79b5%7Cd054bfee60a64f9f8d90a10bc4585279%7C0%7C0%7C638550974868723245%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=s%2BG5KbJNPNwPOlpNU7c%2Bgoh%2F1qRohaMuWg5fOZ28vYU%3D&reserved=0

Untimely debriefing requests will also be considered.

3. Scope of Services / Specifications

3.1. Location of Solicitation Documents

Please refer to the section titled #Solicitation Documents to access all necessary technical documentation and attachments related to this solicitation.

https://secure.procurenow.com/portal/orangecountyfl/projects/299032/document?section=2869729

4. Business Development

Internal Operations Centre II, 2nd Floor | 400 E South Street, Orlando, FL 32801

Phone: (407) 836-7317 | Fax: (407) 836-5477 |

BusinessDevelopment@ocfl.nethttps://www.orangecountyfl.net/VendorServices/MinorityVendors.as px

4.1. CONTACT INFORMATION

Any questions regarding Good Faith Effort or the SBE directory should be directed to the Business

Development Division rather than Procurement.

Internal Operations Centre II, 2nd Floor | 400 E South Street, Orlando, FL 32801

Phone: (407) 836-7317 | Fax: (407) 836-5477 |

BusinessDevelopment@ocfl.nethttps://www.orangecountyfl.net/VendorServices/MinorityVendors.as px

Guide to FAQ for SBE Requirements can be found at Forms and Resources, document titled "SBE Pre-

Bid Guidelines".

4.2. Small Business Enterprise Program

A. To provide for the participation of certified small business enterprises (SBE’s) in the County’s procurement of construction services, Respondents submitting bids to the County are encouraged to comply with SBE subcontracting goals established by the County Small Business Enterprise Ordinance, Chapter 17 Article III Division 6 of Orange County Code of Ordinances

B. The overall goal for this bid is 30% (thirty percent) participation of the contract value for this contract for SBE subcontractors and suppliers. Upon Contract award the Contractor must meet the SBE expenditure required by the Contract.

C. Each SBE utilized to meet the project goal must be listed as a subcontractor on the required Contract and Subcontract Goal Participation Schedule. If there are any pre-qualifications required by the firm, then this must be provided to the SBE when they are solicited for interest in the bid. This required information must be completed prior to bid submittal.

D. Orange County SBE Certification Requirement

1. All participating SBEs must be certified by Orange County. The Business Development SBE

Directory is available through the Orange County website at https://ocfl.gob2g.com/.

2. Only firms having established offices headquartered in the Orlando MSA (Orange, Lake, Seminole and Osceola Counties) are eligible for Orange County certification. All SBEs must be certified prior to bid opening. If a firm claims to be certified, but is not listed in the Directory, Contractor should obtain a copy of their Certificate and/or contact the Business Development Division Liaison for verification of certification.

E. Meeting SBE Goals https://www.orangecountyfl.net/VendorServices/MinorityVendors.aspx https://www.orangecountyfl.net/VendorServices/MinorityVendors.aspx https://www.orangecountyfl.net/VendorServices/MinorityVendors.aspx https://www.orangecountyfl.net/VendorServices/MinorityVendors.aspx https://www.ocfl.net/VendorServices/FormsandResources.aspx

1. Goals may be met in the following manner:

2. Use of SBE certified entities as subcontractors by the Respondent

3. A Respondent who is certified as an Orange County SBE may perform a percentage of the work equal to the goal for the project;

4. A Respondent who has historically self-performed the work may self-perform the work; or

5. A Respondent may demonstrate good faith effort in accordance with the requirements in this solicitation.

F. Good Faith Effort. If a Respondent is unable to meet the goal provided in this solicitation and cannot meet the goal through the means set forth in paragraphs above the Respondent may request a waiver of the goal at least ten calendar days prior to due date of bids by completing the form located at https://forms.ocfl.net/260074597427161

An SBE Respondent competing as a prime must identify the percentage, scope, and dollar value of the work it intends to self-perform. Failure to provide this information will result in the SBE Respondent receiving zero SBE participation for the bid.

4.3. Waiver of SBE Goal

A Respondent may request a full or partial waiver of the SBE goal for good cause by submitting the appropriate form(s) and documentation with the waiver request. Under no circumstances shall a waiver of a goal be granted without submission of adequate documentation of Good Faith Effort by the respondent and careful review by the Business Development Division. The Business Development Division shall base its determination of a waiver request on criteria such as, but not limited to:

1. Whether the requestor of the waiver has made Good Faith Effort to subcontract with qualified and available SBEs. Good Faith Effort will be demonstrated by producing a log that indicates which SBE’s were contacted, the date, time and method of the contact;

2. Whether subcontracting would be inappropriate and/or not provide a "Commercially Useful

Function" under the scope of the contract; and

3. Whether there are no certified SBE firms that are qualified and available to provide the goods or services required.

Waiver to be utilized and submitted at least ten (10) calendar days prior to due date of bids:

https://forms.ocfl.net/260074597427161

4.4. Subcontracts

A. The successful Respondent shall provide a copy of all fully executed subcontracts and/or purchase orders issued to SBEs listed on the required Contract and Subcontract Goal Participation Schedule to the

Business Development Division Liaison. Submittal of these subcontracts/purchase orders is a condition prior to execution of the prime Contract by the County.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fforms.ocfl.net%2F260074597427161&data=05%7C02%7CCarrie.Mathes%40ocfl.net%7C22bd5a586ce246315f5e08dee37a7e78%7Cd054bfee60a64f9f8d90a10bc4585279%7C0%7C0%7C639198312410485965%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=q6dN%2Fivlrpuy0dHMPxXJTvV8xAgmKElsA56tSoTC2%2Fo%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fforms.ocfl.net%2F260074597427161&data=05%7C02%7CCarrie.Mathes%40ocfl.net%7C22bd5a586ce246315f5e08dee37a7e78%7Cd054bfee60a64f9f8d90a10bc4585279%7C0%7C0%7C639198312410485965%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=q6dN%2Fivlrpuy0dHMPxXJTvV8xAgmKElsA56tSoTC2%2Fo%3D&reserved=0

B. The Respondent must include in the subcontract agreement:

1. A Prompt Payment Clause shall be included in all SBE subcontracts and purchase orders, requiring payment to SBE subcontractors and suppliers within seventy-two (72) hours of the Contractor’s receipt of payment from the County.

2. The subcontract agreement shall include: (a) the percentage of the overall contract value; (b) the dollar amount based on the percentage of the contract value (if available at the time of the subcontract agreement), and (c) The scope of service the SBE will be utilized for in the contract.

3. The following statements:

a. The SBE is responsible for responding electronically in the B2Gnow system within five business days of receiving notification from the Prime contractor to verify monthly payments received.

b. Failure by the SBE to verify payment in the B2Gnow system within the required timeframe may negatively impact the SBE’s re-certification.

c. Notwithstanding any termination provisions of this Subcontract Agreement, the Prime

Contractor shall not, without the prior written authorization of the Orange County Business

Development Division Manager: (i) terminate this Subcontract Agreement; (ii) amend this

Subcontract Agreement; or (iii) reduce the Scope of Work or the monetary value awarded under this Subcontract Agreement.

This provision in no way creates any contractual relationship between any Subcontractor and Orange County or any liability on Orange County for the Contractor's failure to make timely payments. The timeliness of such payments may be evaluated by the Business

Development Division in considering compliance with the Ordinance.”

d. All subcontract agreements shall be contingent upon the term (whether terminated, renewed or extended) of the Prime’s contract with the County.

4. The awarded Prime Contractor’s responsibilities and requirement are as follows:

a. The Contractor shall notify the Business Development Division of any additional awards to the SBE firm on the Contractor’s team and the addition of any new SBE firm to the

Contractor’s team on the project to allow the tracking of the additional awards towards meeting the goal.

b. The Contractor shall promptly notify all affected SBEs and the Business Development

Division of any change orders, contract modifications, additions, or deletions affecting contracts or subcontracts issued to SBEs on the Contractor’s team.

c. The County may, at its discretion, require copies of subcontracts/purchase orders for the non SBEs listed on the required Contract and Subcontract Goal Participation Schedule.

4.5. Contract Requirements

The Contractor will comply with all requirements of Orange County's Small Business Enterprise Ordinance in Chapter 17, Article III, Division 6 of the Orange County Code of Ordinances. The overall goal for this contract is 30% (thirty percent) for the duration of this contract.

To facilitate monitoring for compliance with the Ordinance:

A. The Contractor must submit:

1. Monthly Prime Contractor Payment Verification. By the fifth day of each month, the Prime

Contractor shall review and confirm in the B2Gnow system the payment received from Orange

County. The Prime Contractor shall confirm whether the payment amount reflected in B2Gnow is accurate.

Following confirmation of the payment received from Orange County, the Prime Contractor shall report in B2Gnow all payments made to its SBE subcontractors and suppliers. The Prime Contractor shall then notify the applicable SBE subcontractors and suppliers through B2Gnow to verify receipt of the payments reported by the Prime Contractor.

2. Required payment confirmations and verifications shall be completed through the Business

Development Division’s B2Gnow compliance portal no later than the fifth day of each month, beginning one month after the Work commences and continuing through Final Completion of the project or Contract.

3. The Contractor shall timely respond to payment verification notifications generated through the

B2Gnow system and complete all required payment confirmations and verifications. Failure to complete the required payment confirmations and verifications in a timely manner may result in the withholding of payment or termination of this Contract for cause.

B. The Prime…