RFP_23-015-MD.pdf

Board of County Commissioners County Administrator

Robert S. Weinroth, Mayor Verdenia C. Baker Gregg K. Weiss, Vice Mayor Maria G. Marino Dave Kerner Maria Sachs Melissa McKinlay Purchasing Department Mack Bernard www.pbcgov.com/purchasing

REQUEST FOR PROPOSAL

RFP NO. 23-015/MD

Palm Beach County Board of County Commissioners and Department of Airports are seeking Proposals for:

Operation & Maintenance of Baggage Handling Systems at Palm Beach International Airport

Date issued/available for distribution: October 12, 2022

Proposer shall submit one (1) unbound original, six (6) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete proposal to be received in the Offices of the Purchasing Department no later than November 15, 2022, 4:00 p.m. local time. See Section 1.10 of the RFP for Mailing Instructions.

Mandatory Pre-Proposal Conference and Site Inspection: See Section 1.6 of this solicitation.

ENVELOPE MUST BE IDENTIFIED WITH THE

DEADLINE DATE FOR THE RECEIPT OF PROPOSALS

AND THE RFP NUMBER.

C A U T I O N In order to do business with Palm Beach County vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. If proposer intends to use subcontractors, proposer must also ensure that all subcontractors are registered as vendors in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. County will not finalize a contract award until a contractor has verified that the contractor and all of its subcontractors are registered in VSS. As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on our VSS system.

Palm Beach County shall not be responsible for the completeness of any Request for Proposal package not downloaded from our VSS system or obtained directly from Palm Beach County Purchasing Department.

IN ACCORDANCE WITH THE PROVISIONS OF ADA, THIS DOCUMENT MAY BE

REQUESTED IN AN ALTERNATE FORMAT

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService i

TABLE OF CONTENTS

SECTION PAGE

SECTION 1 GENERAL INFORMATION

1.1 ISSUING OFFICE

1.2 PURPOSE OF THE PROJECT

1.3 INTRODUCTION

1.4 GENERAL INFORMATION

1.5 HISTORY AND BACKGROUND

1.6 MANDATORY PRE-PROPOSAL CONFERENCE/SITE INSPECTION

1.7 PERIOD OF CONTRACT

1.8 QUALIFICATION OF RESPONDENTS

1.9 TIMETABLE

1.10 PROPOSAL SUBMISSION

1.11 CONTACT PERSON

1.12 CONE OF SILENCE

1.13 ADDITIONAL INFORMATION/AMENDMENT(S)

SECTION 2 GENERAL TERMS AND CONDITIONS

2.1 PROPOSAL GUARANTEE

2.2 MODIFIED PROPOSALS

2.3 WITHDRAWAL OF PROPOSALS

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

2.5 RFP POSTPONEMENT/CANCELLATION

2.6 COSTS INCURRED BY PROPOSERS

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

2.8 NEGOTIATIONS

2.9 RIGHT TO PROTEST

2.10 SMALL/MINORITY/WOMEN BUSINESS ENTERPRISE (S/M/WBE) / EBO

REQUIREMENTS

2.11 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL

AUDIT REQUIREMENTS

2.12 RULES; REGULATIONS; LICENSING REQUIREMENTS

2.13 CRIMINAL HISTORY RECORDS CHECK

2.14 REVIEW OF PROPOSALS

2.15 EXCEPTIONS TO THE RFP

2.16 SELECTION PROCESS

2.17 EVALUATION CRITERIA

2.18 AWARD OF CONTRACT

2.19 DISCLOSURE OF OWNERSHIP INTERESTS

2.20 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

2.21 COMMENCEMENT OF WORK

2.22 INSURANCE REQUIREMENTS

2.23 DRUG FREE WORKPLACE CERTIFICATION

2.24 AUTHORIZED SIGNATURE

2.25 PERFORMANCE BOND/LETTER OF CREDIT

ii

TABLE OF CONTENTS

(continued)

SECTION PAGE

SECTION 3 PROPOSAL REQUIREMENTS

3.1 EXPERIENCE / QUALIFICATION / BACKGROUND / REFERENCES

INFORMATION

3.2 PROJECT APPROACH / UNDERSTANDING INFORMATION

3.3 KEY PERSONNEL AND OPERATIONS INFORMATION

3.4 BUSINESS LOCATION / LOCAL PREFERENCE

3.5 COMMERCIAL NON-DISCRIMINATION

3.6 FINANCIAL / BUSINESS STABILITY

3.7 PRICE PROPOSAL INFORMATION

3.8 BUSINESS INFORMATION

3.9 AMENDMENTS TO THE RFP

3.10 ADDITIONAL INFORMATION

SECTION 4 SCOPE OF WORK/SERVICES

ATTACHMENT A - PBI - BHS UPPER LEVEL CONTROL SYSTEM

UPGRADE - SERVER INSTALLATION REPORT

ATTACHMENT B - PREVENTATIVE MAINTENANCE INSPECTION

CHECKLIST

ATTACHMENT C - PBI OPERATION AND MAINTENANCE MANUAL .. 65

ATTACHMENT D - PARTS LIST

SECTION 5 ATTACHMENTS

ATTACHMENT 1 - SAMPLE STANDARD CONTRACT

EXHIBIT C - AFFIRMATIVE PROCUREMENT INITIATIVES (“API”) .. 120

SECTION 6 APPENDICES

APPENDIX A - PRICE PROPOSAL PAGES

APPENDIX B - BUSINESS INFORMATION

APPENDIX C - OEBO SCHEDULES 1, 2, 3(A), 4

APPENDIX D - CERTIFICATION OF BUSINESS LOCATION

APPENDIX E - DRUG FREE WORKPLACE CERTIFICATION

APPENDIX F - DISCLOSURE OF OWNERSHIP INTERESTS

SECTION 1

GENERAL INFORMATION

1.1 ISSUING OFFICE

This Request for Proposal (RFP) is issued for the County of Palm Beach, hereinafter referred to as “County”, by the Purchasing Department for the benefit of the Department of Airports. The Purchasing Department is the SOLE point of contact concerning this RFP. All communications regarding this RFP must be done through the Purchasing Department. See Section 1.11, Contact Person.

1.2 PURPOSE OF THE PROJECT

Palm Beach County (County) is soliciting proposals to select the services of one (1) qualified firm to operate, maintain, and repair all inbound and outbound automated Checked Baggage Inspection System/Checked Baggage Reconciliation Areas (CBIS/CBRA) and manual sortation Baggage Handling Systems (BHS) and their related equipment at Palm Beach International Airport (PBIA).

1.3 INTRODUCTION

PBIA is a medium, full-service airport with commercial mainline and regional jet service to major U.S. and international cities. PBIA includes one (1) terminal building and three (3) concourses (A, B, & C). PBIA presently serves approximately six million (6,000,000) passengers annually.

1.4 GENERAL INFORMATION

The outbound baggage handling system is a fully automated in-line Transportation Security Administration (TSA) Planning Guideline and Design Standards Checked Baggage Handling System (CBHS) and Checked Baggage Reconciliation Area (CBRA) integrated with new ticketing counters and post screening baggage sortation systems.

Also included in the project scope is the Inbound Baggage Handling System (IBHS) and the Federal Inspection Station (FIS).

1.5 HISTORY AND BACKGROUND

The CBIS/CBRA in-line baggage handling system was installed at PBIA in 2015. The upper level control system that is responsible for live baggage handling control is due to be refreshed in year one (1) of the Contract. Contractor shall be responsible for providing oversight and escorting of the sole source subcontractor, Brock Solutions, and the tasks labeled “PBI” in the Scope of Work/Services in Attachment A. The airport is open twenty-four (24) hours a day, seven (7) days per week. The terminal concourses are open approximately eighteen (18) hours per day, seven (7) days a week with primary operations estimated from 05:00 a.m. until 11:00 p.m.

1.6 MANDATORY PRE-PROPOSAL CONFERENCE/SITE INSPECTION

All proposers are required to attend a Mandatory Pre-Proposal Conference that will be held at the Department of Airports, 1000 Palm Beach International Airport, McCampbell Conference Room T-364, Level 3 East End of the building, West Palm Beach, Florida 33406, on October 27, 2022, commencing at 10:00 a.m. local time. At this time, the County’s representative(s) will be available to answer any questions relative to this Request for Proposal. Any questions or comments arising subsequent to the Mandatory Pre-Proposal Conference must be presented in writing prior to the date and time stated in the Timetable (Section 1.9), to be discussed with the County’s representative(s) as possible amendments to the RFP.

Reservations must be made for the Site Inspection. To make a reservation, proposers must contact Megan Davis, Buyer, at mdavis2@pbcgov.org or fax (561) 242-6726, no later than Friday, October 21, 2022, by 4:00 p.m. local time.

Immediately following the Mandatory Pre-Proposal Conference, a Mandatory Site Inspection will be conducted at 1000 Palm Beach International Airport, PBIA.

The construction site is in a sterile area of the airport. All proposers will be searched for illegal items before being admitted.

Note: The proposer’s failure to attend this conference/site inspection shall result in disqualification of their proposal. All proposers shall sign an attendance sheet.

The attendance sheet will be collected at 10:10 a.m. (10 minutes after start time) local time. Those arriving after the attendance sheet has been collected will be considered as not in attendance for purposes of the Mandatory Pre-Proposal Conference/Site Inspection.

In accordance with the provisions of ADA, auxiliary aids or services will be provided upon request with at least three days notice.

1.7 PERIOD OF CONTRACT

The proposed effective date of this Contract is February 28, 2023. The selected proposer(s) will provide services for a twenty-four (24) month period ending February 27, 2025. Three (3) twelve (12) month renewal option(s) offered by the County, at the County’s sole discretion, may be included.

1.8 QUALIFICATION OF RESPONDENTS

All proposers to this RFP shall have demonstrated experience in supplying such services and shall meet all criteria/requirements identified in this RFP.

mailto:mdavis2@pbcgov.org

1.9 TIMETABLE

The anticipated schedule and deadline for the RFP and Contract approval are as follows:

Activity Date Time Location

RFP available for 10/12/2022 Purchasing Department Download from 50 S. Military Trail, Ste. 110 Purchasing Dept. VSS: W. P. B., FL 33415 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Site Inspection Reservation 10/21/2022 4:00 p.m. Contact Person Deadline Section 1.11

Mandatory Pre-Proposal 10/27/2022 10:00 a.m. Department of Airports Conference/Site Inspection 1000 PB International Airport Immediately Following McCampbell Conference Room T-364 Level 3 East End of the building

W.P.B., FL 33406

Deadline for receipt of 10/31/2022 5:00 p.m. Purchasing Department questions or comments 50 S. Military Trail, Ste.110

W. P. B., FL 33415

Deadline for receipt 11/15/2022 4:00 p.m. Purchasing Department of proposals 50 S. Military Trail, Ste. 110

W. P. B., FL 33415

Selection Committee 11/30/2022 10:00 a.m. Purchasing Department Meeting 50 S. Military Trail Room 1N-142 North/South

W.P.B., FL 33415

Oral Presentations/ 12/06/2022 10:00 a.m. Purchasing Department Selection Committee 50 S. Military Trail Meeting (if conducted) Room 1N-142 North/South

Deadline for receipt of 12/09/2022 2:00 p.m. Purchasing Department BAFO’s (if required) 50 S. Military Trail, Ste.110

W. P. B., FL 33415

Selection Committee 12/14/2022 10:00 a.m. Purchasing Department Meeting (if required) 50 S. Military Trail Room 1N-142 North/South http://www.pbcgov.com/purchasing

Posting Date of Notice 12/19/2022 Purchasing Department of Intent to Award 50 S. Military Trail, Ste. 110

W.P.B., FL 33415

www.pbcgov.com/purchasing

BCC Award Date 2/07/2023 Governmental Center 301 N. Olive Avenue, 6th Floor

W.P.B., FL 33401

Contract Start Date 2/28/2023

NOTE: County reserves the right to alter the above activities and/or times at the

County’s sole discretion.

1.10 PROPOSAL SUBMISSION

All proposals must be submitted on 8 ½” x 11” paper.

One (1) unbound original, six (6) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete proposal must be received in the Purchasing Department by November 15, 2022, 4:00 p.m. local time. The original and all copies must be submitted in a sealed envelope or container. The proposer’s complete return address must be included on the outer envelope or wrapper enclosing any materials submitted in response to this RFP. The outer envelope or wrapper should be addressed as follows:

Proposer Name Address Phone No.

Palm Beach County Board of County Commissioners Purchasing Department 50 South Military Trail, Suite 110 West Palm Beach, Florida 33415 ATTENTION: Megan Davis, Buyer RFP No. 23-015/MD

Title: Operation & Maintenance of Baggage Handling Systems at Palm Beach International Airport

Due Date: November 15, 2022, 4:00 p.m. local time.

The Purchasing Department’s office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays observed by the County.

Proposers are responsible for informing any commercial delivery services, if used, of all delivery requirements and for insuring that the required address information appears on the outer wrapper or envelope used by such service.

The Price Proposal Page(s) (Appendix A) must be signed by an officer of the company who is legally authorized to enter into a contractual relationship in the name of the proposer (“Authorized Person”).

The submission of a signed proposal by a proposer will be considered by the County as constituting a legal offer by the proposer to perform the required services at the proposed pricing identified therein.

1.11 CONTACT PERSON

The contact person for this RFP is Megan Davis, Buyer, at (561) 616-6816, e-mail address mdavis2@pbcgov.org or fax number (561) 242-6726 in the Purchasing Department.

Proposers are advised that from the date of release of this RFP until award of the contract, NO contact with County staff and/or designated Selection Committee members concerning this RFP is permitted, except as authorized by the contact person designated herein.

1.12 CONE OF SILENCE

Proposers are advised that the “Palm Beach County Lobbyist Registration Ordinance” prohibits a proposer or anyone representing the proposer from communicating with any County Commissioner, County Commissioner’s staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award this contract regarding its proposal, i.e., a “Cone of Silence”.

The “Cone of Silence” is in effect from the date/time of the deadline for submission of the proposal, and terminates at the time that the Board of County Commissioners, or a County Department authorized to act on their behalf, awards or approves a contract, rejects all proposals, or otherwise takes action which ends the solicitation process.

Proposers may, however, contact any County Commissioner, County Commissioner’s Staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award this contract via written communication, i.e., fax, e-mail, or U.S.

Mail.

Violations of the “Cone of Silence” are punishable by a fine of $250.00 per violation.

mailto:mdavis2@pbcgov.org

1.13 ADDITIONAL INFORMATION/AMENDMENT(S)

Any questions, comments (i.e., additional information or clarifications) must be made, in writing via fax, e-mail or U.S. Mail, no later than the date specified and to the address listed in the RFP Timetable (Section 1.9) or fax number or e-mail address listed for the Contact Person (Section 1.11) above. The request must contain the proposer’s name, address, phone number, facsimile number and e-mail address.

Facsimiles must have a cover sheet which includes, at a minimum, the proposer’s name, address, number of pages transmitted, phone number, facsimile number and e-mail address.

Changes to this RFP, when deemed necessary by the County, will be completed only by written Amendment(s) issued prior to the Deadline for receipt of proposals. Proposers should not rely on any representations, statements or explanation other than those made in the RFP or in any Amendment to this RFP. Where there appears to be a conflict between the RFP and any Amendment issued, the last Amendment issued shall prevail.

As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on the County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the sole responsibility of the proposer to routinely check VSS for any Amendments that may have been issued prior to the Deadline for receipt of proposals. The County shall not be responsible for the completeness of any RFP package not downloaded from VSS or obtained directly from the Palm Beach County Purchasing Department.

It is the proposer’s sole responsibility to assure receipt of all Amendments. The proposer should verify with the designated Contact Person (see Section 1.11) prior to entering a proposal that all Amendments have been received. Proposers are required to acknowledge the receipt of all Amendments as part of their proposal.

SECTION 2

GENERAL TERMS AND CONDITIONS

2.1 PROPOSAL GUARANTEE

Proposer guarantees their commitment, compliance, and adherence to all requirements of the RFP by submission of their proposal.

2.2 MODIFIED PROPOSALS

Proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the Deadline for receipt of proposals. The County will only consider the latest proposal submitted.

2.3 WITHDRAWAL OF PROPOSALS

A proposal may be withdrawn only by written notification. Letters of withdrawal received after the Deadline for receipt of proposals will not be accepted unless the contract has been awarded to another vendor or no award has been made within ninety (90) days after the Deadline for receipt of proposals.

Unless withdrawn, as provided in this subsection, a proposal shall be irrevocable until the time that a contract is awarded.

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

Proposals and/or modifications to proposals received after the Deadline for receipt of proposals specified in the RFP Timetable (Section 1.9) are late and shall not be considered.

2.5 RFP POSTPONEMENT / CANCELLATION

The County may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; waive any minor irregularities in this RFP or in the proposals received as a result of this RFP; postpone or cancel, at any time, this RFP process; or re-issue this

RFP.

2.6 COSTS INCURRED BY PROPOSERS

All expenses incurred with the preparation and submission of proposals to the County, or any work performed in connection therewith, shall be borne by the proposer. No payment will be made for proposals received, nor for any other effort required of or made by the proposers, prior to commencement of work as defined by a contract approved by the Board of County Commissioners.

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

Any material submitted in response to this Request for Proposal is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding proposer might consider to be confidential. All submitted information that the responding proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential.

2.8 NEGOTIATIONS

The County may award a contract on the basis of initial proposals received, without discussions. Therefore, each submitted proposal should contain the proposer’s best price and technical offer.

2.9 RIGHT TO PROTEST

Any proposer may protest any recommendations for contract award by submitting a written protest to the Director of Purchasing within five (5) business days after posting the Notice of Intent to Award in accordance with Chapter 2, Article II, Section 2-55 of the Palm Beach County Code. Protests must be submitted in writing, addressed to the Director of Purchasing, via hand delivery, mail or fax to (561) 242-6705.

2.10 SMALL/MINORITY/WOMEN BUSINESS ENTERPRISE (S/M/WBE) / EBO

REQUIREMENTS

Policy

It is the policy of the Board of County Commissioners of Palm Beach County, Florida, (the Board) that all segments of its business population, including, but not limited to, small, local, minority and women owned businesses, have an equitable opportunity to participate in the County’s procurement process, prime contract and subcontract opportunities. To that end, the Board adopted an Equal Business Opportunity Ordinance which is codified in Sections 2-80.20 through 2-80.30 (as may be amended) of the Palm Beach County Code, (EBO Ordinance) which sets forth the County’s requirements for the EBO program, and which is incorporated in this solicitation. The provisions of the EBO Ordinance are applicable to this solicitation and shall have precedence over the provisions of this solicitation in the event of a conflict.

NOTE: All forms related to the EBO Program can be found at http://discover.pbcgov.org/oebo/Pages/Documents.aspx.

Application of Affirmative Procurement Initiative(s) (API)

The API(s) approved for this solicitation, including any applicable S/M/WBE goals is/are attached hereto as EXHIBIT C.

If an S/M/WBE goal applies, proposers are required to submit Schedules 1 and 2 with their proposal in order to be deemed responsive to this solicitation. If an S/M/WBE goal is not applied to this solicitation, Schedules 1 and 2 are to be submitted with the proposal to document S/M/WBE participation.

Proposal Submission Documentation

If any subcontractors or subconsultants are utilized in performing work under this Contract, proposers shall complete the attached Schedule 1 and Schedule 2, listing the work to be performed by each subcontractor or subconsultant, including S/M/WBE subcontractors and subconsultants.

S/M/WBE’s submitting as Prime Contractors or Consultants are advised that they shall complete the attached Schedule 1 and Schedule 2, listing the work to be performed by their own workforce.

http://discover.pbcgov.org/oebo/Pages/Documents.aspx

Schedule 1 – List of Proposed Subcontractors/Subconsultants

A completed Schedule 1 submitted by the Prime shall list the names of all subcontractors/subconsultants intended to be used in performance of the Contract, if awarded, including the total proposed percentage of S/M/WBE participation. This schedule shall also be used if an S/M/WBE Prime Contractor/Consultant is performing all or any portion of this contract with their work force.

Schedule(s) 2 – Letter(s) of Intent

A completed and executed Schedule 2 is a binding document between the Prime Contractor/Consultant and a subcontractor/subconsultant (or any tier) and should be treated as such. Each Schedule 2 shall be properly executed by the Prime Contractor/Consultant and by the proposed subcontractor/subconsultant. If the Prime Contractor/Consultant is an S/M/WBE, a Schedule 2 shall be submitted to document work to be performed by its workforce. All S/M/WBE(s) shall specify, in detail, the type of work they will perform along with the dollar amount they will be compensated and/or percentage of work they will perform. If any subcontractor/subconsultant intends to subcontract any portion of their work, they are required to list the dollar amount and the name of the subcontractor/subconsultant on this schedule. All named subcontractors/subconsultants on this schedule must also complete and submit a separate Schedule 2. The Prime may count toward its SBE or M/WBE goal second and third tiered certified S/M/WBE(s); provided that the Prime Contractor/Consultant submits a completed and executed Schedule 2 for each S/M/WBE.

A detailed scope of work may be attached with an executed Schedule 2.

In the event of a conflict between Schedules 1 and 2 when calculating S/M/WBE participation, the information provided on Schedule 2 shall have precedence. If the County’s issuance of a change of scope, including alterations, additions or reduction on this project results in changes in the scope of work to be performed by a subcontractor/subconsultant listed at the time of proposal submission, the Prime must submit a completed and executed Schedule 2 that specifies the revised scope of work to be performed by the subcontractor/subconsultant, along with the modified price and /or percentage.

S/M/WBE Certification

Only those firms certified by Palm Beach County at the time of proposal submission shall be counted toward the established S/M/WBE goals. Upon receipt of a completed application, IT TAKES UP TO NINETY (90) BUSINESS DAYS TO BECOME CERTIFIED AS AN S/M/WBE WITH PALM BEACH COUNTY. It is the responsibility of the proposer to confirm the certification of any proposed S/M/WBE; therefore, it is recommended that proposers visit the online Vendor Directory at www.pbcgov.org/oebo to verify S/M/WBE certification status. Firms must continue to recertify during the life of the contract as the County may only count toward the established goal, work performed by an S/M/WBE during the time their certification dates are valid.

http://www.pbcgov.org/oebo

Responsibilities After Contract Award

Schedule 3(A) – Professional Services Activity Report

The Prime Contractor/Consultant shall submit a completed Professional Services Activity Report (Schedule 3A) with each invoice or payment application when a subcontractor/subconsultant has provided services during the period in which the Prime is requesting payment. This schedule shall contain the names of the Prime and subcontractor(s)/subconsultant(s) on the project specifying the contract amount; start date; amount paid to date and percentage of work completed by the Prime and subcontractor(s)/subconsultant(s). This schedule is intended to be utilized on all professional services contracts.

Schedule 4 –Payment Certification

A fully executed Schedule 4 shall be submitted for each subcontractor/subconsultant after receipt of payment from the Prime Contractor/Consultant. The Prime Contractor/Consultant shall submit this schedule with each payment application or invoice submitted to the County when the County has paid the Prime Contractor/Consultant on the previous payment application for services provided by a subcontractor/subconsultant.

If any subcontractor/subconsultant intends to disburse funds associated with this payment to another subcontractor/subconsultant for labor provided on this contract, the amount and name of the subcontractor/subconsultant shall be listed on this schedule. All named subcontractors/subconsultants on this schedule must also complete and submit a separate Schedule 4 after receipt of payment. If the Prime Contractor/Consultant is a certified S/M/WBE, a Schedule 4 shall be submitted to reflect the amount of payment retained by the Prime Contractor/Consultant for services performed by its own workforce.

All proposers hereby agree and assure that they will meet the S/M/WBE participation percentages submitted in their respective proposals with the subconsultants or subcontractors contained on Schedules 1 and 2 and at the dollar values or percentages specified. Proposers agree to provide any additional information requested by the County to substantiate participation.

The successful proposer shall submit a Professional Services Activity Report (Schedule 3(A)) and Payment Certification (Schedule 4) with each payment application, when applicable. Failure to provide these schedules may result in a delay in processing payment or disapproval of the invoice until they are submitted. The Professional Services Activity Report is to be filled out by the Prime Contractor/Consultant and the Payment Certification are to be executed by the subcontractor/subconsultant to verify receipt of payment.

Upon letter notification by the County that the EBO payment portal/tracking system is available for use, the Contractor is required to input all subconsultant and subcontractor payment information directly into the EBO payment portal prior to submitting a payment application.

NOTE: All OEBO forms are available on the OEBO website:

http://discover.pbcgov.org/oebo/Pages/default.aspx.

S/M/WBE Substitutions

After contract award, the Prime Contractor/Consultant will only be permitted to substitute a certified S/M/WBE that is unwilling or unable to perform. The Prime Contractor/Consultant will only be permitted to modify the scope of work or price of an S/M/WBE listed in their response to the solicitation as a result of the County’s issuance of an amendment, alternate or change orders on a project. Substitutions shall be done with like certified S/M/WBEs in order to maintain the participation percentages submitted with the proposal.

All requests for modifications or substitutions shall be submitted to the originating County Department and the OEBO on the EBO Request for S/M/WBE Substitution Modification Removal Form for review. Upon receiving an approval for substitution, the Prime Contractor/Consultant shall complete and submit a new executed Schedule 2 that specifies the revised scope of work to be performed by the S/M/WBE, along with the revised dollar amount and/or percentage.

A detailed scope of work may be attached with an executed Schedule 2.

EBO Program Compliance- Penalties

Under the EBO Ordinance, the OEBO is required to implement and monitor S/M/WBE utilization during the term of any contract resulting from this solicitation. It is the County’s policy that S/M/WBEs shall have the maximum feasible opportunity to participate in the performance of County contracts. All proposers are required to comply with the EBO Ordinance and shall be expected to comply with the APIs applicable to this solicitation, as well as the S/M/WBE utilization proposed by a proposer in its proposal, which utilization plan forms a part of any resulting Contract.

The Director of the OEBO or designee may require such reports, information, and documentation from the proposer/Contractor/Consultant as are reasonably necessary to determine compliance with the EBO Ordinance requirements. Contractor/Consultant shall correct all noncompliance issues within fifteen (15) calendar days of a written notice of noncompliance by the department procuring the goods or services or the EBO Office. If the Contractor/Consultant does not resolve the non-compliance within fifteen (15) days of receipt of written notice of non-compliance, then the Director of the OEBO or designee may impose upon the non-complying party any or all of the following penalties:

a. Suspension of contract;

b. Withholding of funds;

c. Termination of contract based upon a material breach of contract pertaining to EBO Program compliance;

http://discover.pbcgov.org/oebo/Pages/default.aspx

d. Suspension or Debarment of a proposer or bidder, contractor or other business entity from eligibility for providing goods or services to the County for a period not to exceed three (3) years; and

e. Liquidated damages equal to the difference in dollar value of S/M/WBE participation as committed to in the contract, and the dollar value of S/M/WBE participation as actually achieved, if applicable.

2.11 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT

REQUIREMENTS

Pursuant to Palm Beach County Code, Section 2-421 - 2-440, as amended, Palm Beach County’s Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud.

Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 – 2-440, and punished pursuant to Section 125.69, F.S., in the same manner as a second degree misdemeanor.

2.12 RULES; REGULATIONS; LICENSING REQUIREMENTS

The proposer shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. Proposers are presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered, to include Executive Order No. 11246 entitled “Equal Employment Opportunity” as amended by Executive Order No. 11375, and as supplemented by the Department of Labor Regulations (41 CFR, Part 60).

2.13 CRIMINAL HISTORY RECORDS CHECK

All individuals working at the Airport must pass a Criminal History Records Check (CHRC) and Security Threat Assessment (STA). Each individual requesting unescorted access authority onto the PBIA Security Identification Display Area (SIDA), Sterile Area and the Air Operations Area (AOA), will be required to submit to a finger-print based Criminal History Records Check that does not disclose that the individual has a disqualifying criminal offense, as listed in 49 CFR 1542.209. When determining if an individual will be granted unescorted access to the AOA, the Department of Airports Security Office will apply the policies and procedures set forth in 1542.209. An individual has a disqualifying criminal offense if the individual has been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed in 1542.209 in any jurisdiction during the ten (10) years before the date of the individual’s application for unescorted access authority. Fingerprinting at PBIA is conducted electronically by the Airport Security Office, and submitted to the FBI after being reviewed by the designated authorized clearinghouse. The fees are as follows: Criminal history check and fingerprinting - $40.00 (company check, credit card or money order only). Annual badge fee - $15.00. Recurrent background check every two (2) years $40.00. Lost badge replacement - $100.00. Non-Returned badges fee $100.00. The fees may be amended from time to time. Call PBIA Security Office at (561) 471-7481 for the current fee schedule. The successful proposer shall be responsible for these fees. In addition, all badges must be returned to the Department of Airports Security Office upon termination of services or removal of any employees due to security violations. The Transportation Security Administration will take legal enforcement against persons (employees/employer) making any fraudulent or intentional false statements or entry on any security program, record application, report, access, or identification media, or any other document that is kept, made or used to show compliance. This applies to all “persons” meaning an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity. All security badges are the property of County. The successful proposer will be responsible for all security badges issued to its employees or to any subcontractor’s employees. The successful proposer will be required pay County $100.00 per badge for any badge not returned within one (1) day after the resignation, termination or reassignment of any employee or upon termination or expiration of the Contract.

1. The successful proposer, its subcontractors, and all their employees shall be subject to all rules, regulations, policies and procedures pertaining to security at Palm Beach International Airport. Any violation or disregard for rules, regulations or policies may be cause for immediate termination.

http://palmbeach.fl.elaws.us/code/coor_apxid333568_apxb

2. All personnel, vehicles, materials, tools, packages, etc., brought onto and/or removed from Airport property may be subject to inspection by a Security Officer.

Firearms, explosives, and prohibited items defined by The Department of Homeland Security shall NOT be brought onto the Airport’s property.

VIOLATORS WILL BE PROSECUTED.

3. All successful proposer’s employees shall have in their possession a valid security badge with the Escort designation. The successful proposer shall be responsible for, at its own expense, obtaining proper security clearance, fingerprinting, training, badges required to access the restricted areas of the Airport, including the Air Operations Area (AOA), Security Identification Display Area (SIDA), Identification badges issued by the Airport must be visibly worn at all times while in the SIDA. The successful proposer’s employees, including new hires, must be legal to work in the United States. The successful proposer shall confirm citizenship of all foreign-born employees and alien numbers (Green Card), if not US citizen. PBIA Security Office is located on level two (2) in the main terminal facility (561-471-7481).

http://palmbeach.fl.elaws.us/code/coor_apxid333568_apxb

2.14 REVIEW OF PROPOSALS

Each proposal will be reviewed to determine if the proposal is responsive to the RFP.

Proposals deemed to be non-responsive will be rejected without being evaluated by the Selection Committee. A responsive proposal is one which has been signed, has been submitted by the specified submission time, and has provided the information required to be submitted with the proposal (as stated in Section 3). While poor formatting, poor documentation, and/or incomplete or unclear information may not be cause to reject a proposal without evaluation, such substandard submissions may adversely impact the evaluation of your proposal, especially information relating to establishing financial/business stability. Proposers who fail to comply with all of the required and/or desired elements of this RFP, do so at their own risk.

2.15 EXCEPTIONS TO THE RFP

All exceptions taken must be specific, and the proposer must indicate clearly what alternative is being offered to allow the County a meaningful opportunity to evaluate the proposal. Proposers are cautioned that submitting an alternative proposal does not relieve the proposer from submitting the “Minimum Requirements” as stated in Section 3.

The County is under NO obligation to accept any proposed exceptions or alternatives.

2.16 SELECTION PROCESS

All proposals timely received will be reviewed first by the Purchasing Department to determine if each proposer has submitted the required information and met all Proposal Requirements (as stated in Section 3). Those proposals fulfilling the Proposal Requirements shall be referred to the Selection Committee for review and further consideration.

The Selection Committee will evaluate all responses to this RFP that meet the Proposal Requirements and are deemed responsive. The Selection Committee may evaluate all proposals based solely on the information submitted with the proposal. Accordingly, proposers are urged to ensure that their proposal contains all the necessary information for the Selection Committee to fairly and accurately evaluate each of the criteria listed below in Section 2.17. However, an oral presentation, additional written information, internal staff analysis, proposer presentations, outside consultants, and/or any other information may be required, at any time during the selection process, to help the Committee determine the final ranking of proposers. The Selection Committee may determine, as the result of additional information, that the impact of this information is significant and may be considered in the scoring and/or ranking, at the discretion of the Committee.

The Selection Committee shall meet in public session as necessary to score each proposal by reviewing each proposal against the evaluation criteria listed below, see Section 2.17. Upon completion of the Selection Committee’s review and discussion of all the responsive proposals submitted, each Selection Committee Member shall score each proposal and total the scores for each proposal. The proposals shall be assigned a ranking based upon the totals of each Selection Committee Member’s score for each proposal.

After the Selection Committee has developed an overall ranking for each proposer, the committee will then review, discuss, and declare either: (1) the proposal(s) ranked the highest as its “finalist” and make its recommendation for award of the contract OR (2) determine that it is not in the best interest of the County to award solely on the basis of the initial proposals and oral interviews, if conducted. In the latter instance, the Selection Committee may form a competitive range, or short list, comprised of only those proposers who have a reasonable chance of being selected for award. The Selection Committee may then hold discussions and negotiate with those proposers still within the competitive range. At the conclusion of discussions and negotiations, proposers may be asked to submit a Best and Final Offer (BAFO). The BAFO will be scored in the same manner as the original proposals and assigned rankings. The Selection Committee will then declare the proposal ranked the highest as its “finalist” and make its recommendation for award of the contract.

2.17 EVALUATION CRITERIA

1. Experience / Qualifications Weight 20 % ( 20 pts) Background / References (See Section 3.1)

2. Project Approach / Understanding Weight 15 % ( 15 pts) (See Section 3.2)

3. Key Personnel and Operations Weight 25 % ( 25 pts) (See Section 3.3)

4. Price Proposal Weight 20 % ( 20 pts) (See Section 3.7)

5. Small/Minority/Women Business Enterprise Weight 15 % ( 15 pts) (See Section 2.10 and Exhibit C “API”s)

6. Business Location / Local Preference Weight 5 % ( 5 pts) (See Section 3.4)

2.18 AWARD OF CONTRACT

The award, if any, will be made to the responsive, responsible proposer whose proposal is considered to be the most advantageous to the County based on the Selection Committee’s opinion after review of every such proposal including, but not limited to, price.

Upon review and approval of the Selection Committee’s recommendation for award, the Purchasing Department will post the award recommendation at the Purchasing Department and on the Purchasing Department website at www.pbcgov.com/purchasing for a period of five (5) business days for review by interested parties prior to final approval of the award. The apparent successful proposer will be notified of the recommendation for award by mail. The recommended awardee shall provide documentation that demonstrates that the individual(s) executing the Contract has the authority to do so and to legally bind the recommended awardee. A contract must be completed and executed by the successful proposer and the County and, when appropriate, by the Board of County Commissioners before it becomes valid and effective. If these conditions and contract negotiations, if applicable, are not met and/or completed within a reasonable timeframe as determined by the County, the County may elect to cancel the Recommended Award to that proposer and make the award recommendation to the next most advantageous proposer. This process may continue until such time as the County has determined to cancel the procurement in its entirety. The official posting on the Purchasing Department website shall prevail if a discrepancy exists between the referenced listings.

2.19 DISCLOSURE OF OWNERSHIP INTERESTS

Pursuant to a directive by the Board of County Commissioners, the Disclosure of Ownership Interest affidavit (DOIA, Appendix F) must be completed on behalf of any individual or business entity that seeks to do business with the County when applicable.

Disclosure does not apply to nonprofit corporations, government agencies, or to an individual’s or entity’s interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, F.S., whose interest is for sale to the general public.

Upon request from the Purchasing Department, the recommended awardee shall submit a completed DOIA (Appendix F) within a reasonable time, as requested. If the recommended awardee fails to submit a completed DOIA in a timely manner, the County, at its sole discretion, may elect to cancel the Recommended Award.

2.20 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

The selected proposer will be required to execute a contract similar to the attached Sample Standard Contract (Attachment 1). If a proposer has comments related to any of the provisions in this RFP and/or the Sample Standard Contract, comments must be made, in writing, no later than the date specified in the RFP Timetable (see Section 1.9).

The Sample Standard Contract provisions (general and specific) will be incorporated into any contract resulting from this RFP. Should any selected proposer and the County be unable to consummate a written contract, the County may proceed to the next most advantageous proposal as determined by the Selection Committee or issue a new solicitation or cancel the procurement process in its entirety.

2.21 COMMENCEMENT OF WORK

This RFP does not, by itself, obligate the County. The County’s obligation will commence when the contract is approved by the Board of County Commissioners or their designee and upon written notice to the proposer. The County may set a different starting date for the contract. The County will not be responsible for any work done by the proposer, even work done in good faith, if it occurs prior to the contract start date set by the County.

2.22 INSURANCE REQUIREMENTS

Prior to the effective date of the Contract, it shall be the responsibility of the successful proposer to provide evidence of the minimum amounts of insurance coverage specified in Attachment 1, Article 15, to Palm Beach County through the Contact Person set forth in Section 1.11, until otherwise notified by County.

The successful proposer shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Contract, insurance coverages and limits (including endorsements) as described herein (see Attachment 1, Article 15). Failure to maintain the required insurance shall be considered default of the Contract. The requirements contained herein, as well as the County’s review or acceptance of insurance maintained by the successful proposer, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the successful proposer under the Contract.

2.23 DRUG FREE WORKPLACE CERTIFICATION

Proposers should submit, with their proposal, an executed Drug Free Workplace Certification (Appendix E) indicating that the proposer has implemented a Drug Free Workplace Program which meets the requirements of Section 287.087, F.S.

2.24 AUTHORIZED SIGNATURE

The authorized representative signature required on all offers and the Contract must be made by an officer of the company (if applicable).

2.25 PERFORMANCE BOND / LETTER OF CREDIT

The successful proposer shall furnish, to the County, a Performance Bond or Clean Irrevocable Letter of Credit (Letter of Credit) for in the amount for one hundred percent (100%) of the Contract amount, prior to commencement of work, and shall keep the same in force and effect during the entire term of this Contract.

The successful proposer shall furnish a Performance Bond in a form and format satisfactory to the County as security for the faithful performance of the Contract resulting from the award of RFP No. 23-015/MD and for the payment of all costs incurred by the County to obtain a replacement contract, in the event the successful proposer fails to perform as required under said Contract. The term "Cost" as used herein shall include all fees, costs, and expenses arising out of the successful proposer's failure to perform the contract whether direct, indirect, actual, consequential, or incidental and shall include attorney's fees and costs, expert witness fees and expenses, and all time incurred by Palm Beach County. In addition, the Performance Bond shall fully comply with the County’s requirements and format as set forth in Palm Beach County PPM #CW-F-056, the terms of which are incorporated herein by reference.

The Performance Bond is to ensure the faithful performance of all the requirements of the Contract (RFP No. 23-015/MD), and to save, defend, indemnify, and hold harmless the County from any and all damages, costs, fees, and expenses, either directly or indirectly arising out of any failure to perform the Contract. The Bond shall be issued by a company authorized to do business in the State of Florida and having a currently valid certificate of authority and bonding capacity as issued by the United States Department of Treasury under 31.U.S.C., Sections 9304-9308. Bond Company shall meet all requirements/regulations set forth under the Florida Insurance Commissioner’s Office.

The successful proposer shall verify, prior to execution of the Contract, the acceptability of the surety provided thereunder. The attorney-in-fact who signs the Bond must file, with the Bond, a certificate and effective dated copy of power of attorney. The successful proposer must furnish the executed bond prior to the County's approval of Contract.

A cashier’s check or Letter of Credit from a financial institution with a rating deemed acceptable by the County may be provided in lieu of the Performance Bond, provided that the form, format, and terms of coverage are acceptable to the County. The terms of coverage of a Letter of Credit shall be substantially the same as that required of the Performance Bond, and the Letter of Credit shall be issued by an institution that offers security similar to that of a bonding company. In addition, the Letter of Credit shall fully comply with the County's requirements set forth in Palm Beach County PPM #CW-F-055, and the face of the Letter of Credit shall be in the format described in PPM #CW-F-055, the terms of which are incorporated herein by reference. In the event of any conflict between the terms of this RFP and PPM CW-F-055, the latter shall control.

Proposers interested in submitting a Letter of Credit in lieu of the Performance Bond may obtain a copy of PPM #CW-F-055 from Megan Davis, Buyer, Palm Beach County Purchasing Department, Telephone No. 561-616-6816.

SECTION 3

PROPOSAL REQUIREMENTS

PROPOSAL FORMAT AND CONTENT

Format

Proposer shall submit one (1) unbound original, six (6) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete proposal. Proposals should be typed, double-spaced and submitted on 8 ½” x 11” size paper. Copies should be bound using a single method of fastening (e.g., stapled, binder, etc.). Proposals should include only brief and concise narrative. The enclosure of elaborate or unnecessary verbiage or promotional material is discouraged.

Table of Contents

Propos…