RFP PR 8942

For

Air Emissions & Stack Testing Services

Issue Date: January 7, 2026

Pre-response Conference: None Scheduled At This Time

Pre-response Conference Date: NA

Questions/Comments Due Date: January 21, 2026

Addendum Due Date: January 28, 2026

Proposal Due Date: February 4, 2026 by 2:00 PM EST

Bid Bond: Not Required Payment & Performance Bond: Not Required

Direct all inquiries to Buyer of Record:

James Norris

(407) 434-5500 jnorris@ouc.com

Orlando Utilities Commission RFP PR 8942 – Air Emissions & Stack Testing Services

SCM-RFP-T-01 – Request for Proposal Template v5.0 – 5/22/25

Orlando Utilities Commission Orlando, Florida

RFP PR 8942 for Air Emissions & Stack Testing Services

Table of Contents 1 Introduction

1.1 Scope of Work Summary

1.2 Pre-Response Conference

1.3 Term of Contract

1.4 Minimum Bidder Qualifications

1.5 Price and Costs

1.6 Terms and Conditions

1.7 Contract Sample

1.8 Proposal Evaluation Criteria

2 Bidder Requirements and Qualifications

2.1 Detailed Scope, Requirements, & Drawings

2.2 Bidder Information & Required Bidder Qualifications

2.2.1 Bidder Information

2.2.2 Required Bidder Qualifications

3 Instructions to Bidders

3.1 Legal and Public Record Statement

3.2 Confidentiality Notice to Bidders

3.2.1 Exemptions

3.3 Acknowledgement

3.3.1 Statement of No Bid

3.4 General Information

3.4.1 Common Terms

3.4.2 Submittal

3.4.2.1 Alternate Proposals

3.4.3 Signatures

3.4.4 Withdrawal

3.5 Electronic Submittal of the Proposal

3.6 Compliance Forms

SCM-RFP-T-01 – Request for Proposal Template v5.0 – 5/22/25

3.6.1 Public Entity Crimes

3.6.2 Dispute Disclosure

3.7 RESERVED

3.8 Proposal Preparation Costs

3.9 Exceptions

3.10 Clarifications

3.11 Local Conditions

3.12 Opening

3.13 Solicitation Selection Schedule

3.14 Proposal Acceptance and Rejection

3.15 Proposal Evaluation Criteria

3.16 Cancelation

3.17 Freight (If Applicable)

3.18 Bid Bond (If Applicable)

3.19 Payment and Performance Bond (If Applicable)

3.20 Contract Execution

3.21 Award

3.22 Taxes, Permits, and Licenses

3.23 Error and Omissions

3.24 Proposal Submittal Format

3.24.1 OUC Policies and Procedures for Bidders

3.25 Signatures

4 Proposal Submittal Format & Checklist

5 Attachments

SCM-RFP-T-01 – Request for Proposal Template v5.0– 5/22/25

Re qu es t f or P ro po sa l (

RF

P)

Orlando Utilities Commission Orlando, Florida

RFP PR 8942 for Air Emissions & Stack Testing Services

Direct all inquiries to the Buyer of Record: James Norris

(407) 434-5500 jnorris@ouc.com

Proposal Opening Location:

Orlando Utilities Commission Reliable Plaza 100 West Anderson Street Orlando, Florida 32801

1. Instructions are located in the Instruction to Bidders section of this document; or, may be provided during a Pre-Conference Meeting.

2. Electronic proposal submittals, described in the Electronic Submittal of the Proposal section of this document, will be accepted. Email or other means will not be accepted.

3. VendorLink help can be accessed by calling 407-222-1885, or by emailing support@evendorlink.com.

mailto:support@evendorlink.com

SCM-RFP-T-01 – Request for Proposal Template v5.0– 5/22/25

1 INTRODUCTION

The Orlando Utilities Commission (OUC) is an electric and water municipal utility serving Orlando, Florida and portions of surrounding Orange County. OUC also has an Inter-local agreement with the City of St.

Cloud, Florida for the management of its electric utility. Currently, OUC serves more than 380,000 customers. To obtain general information about OUC, access www.ouc.com.

1.1 SCOPE OF WORK SUMMARY

OUC is seeking proposals from qualified and experienced firms to provide Air Emissions – Stack Testing Services, including Annual Compliance Testing, Relative Accuracy Test Audits (RATA), MATS particulate testing, visible emissions testing, Unit-specific pollutant testing, 40 CFR Part 75 Appendix E testing, and all associated reporting and submittals required under federal regulations and facility air permits.

The selected Contractor shall perform all testing in accordance with:

• 40 CFR Parts 60, 63, and 75

• All requirements of each facility’s Florida Department of Environmental Protection (FDEP) Air Operating Permit

• All EPA test methods listed in the Detailed Scope (Attachment A)

• All safety, orientation, and site-access requirements for each OUC facility

Services include performance testing, equipment setup, sample collection, lab analysis, preliminary data, draft/final reporting, and complete compliance with each unit’s regulatory obligations.

Refer to Section 2.1 and Attachment A for full requirements.

1.2 PRE-RESPONSE CONFERENCE

To comply with security requirements, email names of attendees and company affiliations to the Buyer of Record at least 48 hours in advance of the meeting. Please bring government issued photo identification the day of the Pre-Response Conference.

NOTE: None scheduled at this time.

1.3 TERM OF CONTRACT

[The term of this contract shall be:

Three (3) year base period, with one (1) optional two-year extension, exercisable solely at OUC’s discretion.

1.4 MINIMUM BIDDER QUALIFICATIONS

Bidders must:

Have at least five (5) years of demonstrated experience performing regulatory air emissions testing, including RATA testing, PM testing, Method 9 visible emissions, VOC testing, gas turbine compliance testing, and 40 CFR Part 75 Appendix E testing.

Provide resumes of key staff that demonstrate knowledge and expertise in testing under 40 CFR Parts 60, 63, and 75 and MATS requirements.

http://www.ouc.com/

Maintain personnel with at least 5 years of experience, trained and QSTI certified in EPA Methods 1– 4, 5B, 9, 10, 18, 20, 25/25A, 29/30B, CTM-027, 320, and all methods required in Attachment A.

Demonstrate experience testing units similar in type, fuel, and regulatory complexity to OUC’s facilities (coal-fired boilers, combined cycle units, and gas turbines). Provide at least three (3) references for similar work performed within the last five years.

Meet all OUC orientation, safety, and insurance requirements.

1.5 PRICE AND COSTS

Prices documented in the submitted Proposal must remain firm throughout the contract period (including additional extensions, if applicable). Refer to Attachment B: Price Schedule.

1.6 TERMS AND CONDITIONS

See Attachment C - General Conditions for Services

1.7 CONTRACT SAMPLE

Click here to view an OUC contract sample.

1.8 PROPOSAL EVALUATION CRITERIA

Refer to the Instructions to Bidders section of this document.

http://www.ouc.com/docs/procurement/proc_contract_agreement.pdf?sfvrsn=2

2 BIDDER REQUIREMENTS AND QUALIFICATIONS

2.1 DETAILED SCOPE, REQUIREMENTS, & DRAWINGS

See Attachment A Scope of Services.]

[See Attachment B Price Schedule]

2.2 BIDDER INFORMATION & REQUIRED BIDDER QUALIFICATIONS

2.2.1 Bidder Information

On company letterhead Bidder to provide a response cover page with the following information:

1. Firm Name

2. Name of Parent Company if applicable

3. Complete Business Address

4. State of Incorporation

5. Number of years in business

6. Name(s) and contact information of key personnel

7. Dun & Bradstreet number

8. Licenses obtained to conduct business with OUC

2.2.2 Required Bidder Qualifications

Refer to Section 1.4 Minimum Bidder Qualifications for more information.

1. List the number of projects (with similar scope and size) that the bidding organization has completed and are in progress.

2. Provide at least three (3) references with contact information related to completed projects with the similar scope and size project.

a. If deemed pertinent, OUC will contact customers provided as references by selected Bidder or Bidder’s affiliates.

3. Provide a complete list of all the subcontractors that may be part of the project, with the following information:

a. Company name

b. Contact information

c. Number of years in business

d. Proof of the necessary licenses for the job (if applicable)

e. List of project that they had participated with similar scope and size to this RFP

4. Should bidder be awarded the work in this RFP, please provide information on any Economic Development Opportunities that Bidder may bring, such as the creation of new jobs or purchasing or leasing of new building space, which could benefit the local Orlando Area or the State of Florida.

3 INSTRUCTIONS TO BIDDERS

3.1 LEGAL AND PUBLIC RECORD STATEMENT

As required by Florida’s Public Records Law, information provided to OUC in the course of business will be made available for public inspection and copying unless a specific statutory exemption applies.

3.2 CONFIDENTIALITY NOTICE TO BIDDERS

By submitting a proposal to OUC, each Bidder acknowledges and understands that OUC is a public agency subject to Chapter 119 Florida Statutes (“Public Records Law”). Any Proposal document the Bidder submits will become a public record when OUC provides notice of an intended decision or 30 days after opening the bids, proposals, or final replies, whichever is earlier. Trade Secrets, certain background financial information, and other items, may constitute exemptions to disclosure under the Public Records law.

3.2.1 Exemptions

If during the Proposal or Negotiation Phase a Bidder wishes to claim an exemption on any portion of its Proposal to OUC, the Bidder must identify the specific statutory exemption and do the following:

1. Submit a redacted version. Redact (black out) only those portions of the Proposal put forward for exemption.

2. Submit an un-redacted version of the same documents marked, “Confidential –Trade Secret/ Proprietary Information”. Both versions are to be submitted at the same time.

3.3 ACKNOWLEDGEMENT

1. From the issue date of this solicitation packet until a selection decision is made, no unauthorized contact related to this solicitation will be allowed between a Bidder, their employees or subcontractors and any OUC commissioner, officer, director, or staff, with the exception of the Buyer of Record. Any unauthorized contact will disqualify the Bidder from further consideration

2. The selected Bidder agrees to obtain, prior to award, Worker's Compensation, General Liability, Automotive, and other insurance requirements in accordance to the requirements in the terms and conditions specified in section 1.7.

3. All policies shall be subject to approval by OUC, and issued by companies authorized by the State of Florida’s Department of Insurance to conduct business in the State of Florida.

4. The selected Bidder agrees that it and its subcontractors have a Drug-Free Workplace Program that complies with Florida Statute §§ 287.087 and 440.101 et. seq., the Omnibus Employee Testing Act of 1991, 49 Code of Federal Regulation § 391 and 40 (operation of commercial motor vehicles).

a. In addition, all subcontractors must implement a controlled substance and alcohol testing policy for safety sensitive positions as defined by the Commission’s Alcohol and Controlled Substance Testing Policy for Safety Sensitive Positions.

5. The selected Bidder’s employees and its subcontractors’ employees are further prohibited from being under the influence or impairment of alcohol on OUC property or work sites or at any time or place while conducting business with or on behalf of OUC.

6. The selected Bidder shall submit only one proposal/bid in response to this solicitation packet, and shall have no financial interest in other entities submitting proposals/bid responses for the same solicitation packet.

7. Neither the selected Bidder, nor its affiliates, nor anyone associated with them shall have any potential conflict of interest due to any other clients, contracts, business relationships or property interests for this solicitation packet’s scope of work.

8. The selected Bidder shall disclose to OUC the name(s) of any OUC employee, contractor, or OUC Board Member who has a direct or indirect financial interest in the selected Bidder’s organization, or in the proposed transaction. A direct or indirect financial interest in the selected Bidder’s organization, or in the proposed transaction exists if the OUC employee, contractor, or Board Member:

a. Presently, or in the preceding twelve (12) months, has an ownership interest in the selected Bidder’s organization (other than as owner of less than 1% of the stock of a publicly traded corporation).

b. Works for, is a partner, officer, director, trustee, or consultant to the selected Bidder.

c. Has received grant, travel, honoraria, or other similar support from the selected Bidder

d. Has a right to receive royalties from the selected Bidder.

9. No member of the selected Bidder’s ownership, management, or staff shall have a vested interest in any aspect of OUC, nor any business or other relationship with any of OUC’s employees, officers, directors, or Board Members that creates a conflict of interest or the appearance of a conflict of interest.

10. No member of the selected Bidder’s ownership or management is presently applying for an employee position or actively seeking an appointment within OUC.

11. The selected Bidder, or authorized signatory, shall provide written notice to OUC in the event that a conflict of interest is identified at any time.

3.3.1 Statement of No Bid

The OUC Procurement Department is committed to continuously improving its processes to receive maximum participation from the industry/market. OUC is requesting that organizations, who do not wish to bid on this RFP, send the Buyer of Record an email briefly explaining their “no bid” decision. This response will help to improve the solicitation process and any future communications.

3.4 GENERAL INFORMATION

Bidders shall prepare Proposals in accordance with the requirements of these Instructions to Bidders. Not preparing a Proposal, in accordance with such instructions, implies that the Bidder does not intend to comply with all of the proposed contract conditions. Such proposals will be considered irregular and may be rejected.

OUC will receive Proposals through the VendorLink system for goods, equipment, materials, and related services set forth in the included specifications and documents.

http://www.myvendorlink.com/

3.4.1 Common Terms

OUC and Bidders (the parties) agree that the following phrases each shall have the meaning provided here and may be used interchangeably:

1. “Bidder(s)”, “Supplier(s)”, and “Proposer(s)” shall mean the organization, party, person, firm, company, corporation, partnership, joint venture, or other type of entity responding to this solicitation.

2. “Solicitation” shall mean , “Request for Proposal(s)”, “RFP”, “Request for Quote”, “RFQ”, “Invitation to Bid”, “ITB”, “Solicitation Package” or, “Solicitation Packet”, to which the Bidder is responding.

3. “Bid(s)”, “Proposal(s)”, or “Quote(s)” shall mean the documents formally submitted to OUC by each of the Bidders responding to this solicitation packet.

3.4.2 Submittal

Bidders shall submit Proposals in accordance with the instructions and schedule included in the solicitation containing these specifications and documents. Refer to Section 4: Proposal Submittal Format & Checklist and submit Proposal with all applicable content.

3.4.2.1 Alternate Proposals

If the Bidder submits an alternate proposal, they shall identify clearly the proposal as an “Alternate Proposal”. OUC may consider alternate proposals a blanket exception to the solicitation and reject the Proposal.

3.4.3 Signatures

An authorized representative of each Bidder shall:

1. Sign or e-sign the Proposal, give their full name and title, and provide the Bidder’s business name and address.

2. Enter the organization’s exact legal name on the Proposal.

3. Sign or e-sign compliance forms, if applicable.

3.4.4 Withdrawal

Bidders may withdraw, alter, and resubmit their Proposals through VendorLink at any time prior to the Proposal due date and time. Proposals may not be withdrawn, altered, or resubmitted after the Proposal due date and time. OUC may request clarifications and additional information after proposal submission.

3.5 ELECTRONIC SUBMITTAL OF THE PROPOSAL

To ensure correct Proposal formatting, Bidders shall:

1. Submit Proposals electronically through VendorLink.

2. Upload files only in MS Word (.doc or .docx), Excel (.xls or .xlsx), and PowerPoint (.ppt or .pptx); Adobe Portable Document Format (.pdf); Compressed File (ZIP) formats.

3. Enable printing on files submitted.

4. Clearly identify the RFP Number, Name, Submission Date, and Bidder Name on the Response Cover Page on Bidder’s letterhead.

5. Separate and identify each part of the submission (i.e. document type, form type, content type) with a divider/separation page.

6. Contact VendorLink technical support at support@evendorlink.com, if technical difficulties arise during proposal submission.

7. Follow all instructions outlined in this RFP and provide all requested information.

OUC may ask the selected Bidder to supply one hard copy set with original, written signatures and original compliance forms, prior to the contract execution. Do not submit following both methods unless otherwise instructed.

3.6 COMPLIANCE FORMS

3.6.1 Public Entity Crimes

Each Bidder shall submit copies of an executed and notarized Sworn Statement under Section

287.133 (3)(a) and 287.135, Florida Statutes, on Public Entity Crimes and Scrutinized Companies.

3.6.2 Dispute Disclosure

Each Bidder shall submit copies of an executed Dispute Disclosure form.

3.7 RESERVED

3.8 PROPOSAL PREPARATION COSTS

OUC shall provide, without charge, one set of the specifications and documents to prospective Bidders for preparation of proposals. Addenda documents will be issued only to prospective Bidders registered in VendorLink.

This solicitation does not commit OUC to pay any costs incurred in the preparation and submission of the Proposal or to pay any other costs incurred prior to award.

3.9 EXCEPTIONS

OUC is seeking proposals that meet all technical and commercial requirements as outlined in this solicitation. If a Bidder takes exception to any solicitation requirement or condition, the exception must be specifically stated on the Exception Form provided within the solicitation document. OUC shall consider only those exceptions written on the form at the time the Proposal is submitted. The Bidder acknowledges that any exception taken to the solicitation criteria (including submitting an alternate proposal) may result in OUC determining the Proposal to be nonresponsive.

3.10 CLARIFICATIONS

If a prospective Bidder has doubt as to the true meaning of any part of the solicitation, they may submit a written request for clarification through email to the Buyer of Record; verbal requests will not be accepted. The Bidder must reference the Solicitation Package page number and section heading on any clarification requests

Failure of the Bidder to request information or make inquiries will not relieve them of any responsibility to perform under the terms of any contract awarded for the work in accordance with subsequent clarifications.

OUC shall issue an addendum to all Bidders, via VendorLink, once an inquiry is clarified and/or answered. Verbal responses will not be provided and are not binding on OUC.

mailto:support@evendorlink.com http://www.ouc.com/docs/procurement/proc_public_entity_crimes_form.pdf?sfvrsn=2 http://www.ouc.com/docs/procurement/proc_public_entity_crimes_form.pdf?sfvrsn=2 http://www.ouc.com/docs/procurement/proc_dispute_disclosure_form.pdf?sfvrsn=2 http://www.myvendorlink.com/ http://www.ouc.com/docs/procurement/proc_exceptions_form.pdf?sfvrsn=2

3.11 LOCAL CONDITIONS

Each Bidder shall have thorough knowledge of conditions, factors, and scope of work, which would affect the execution and completion of the requested work. If required, site visits will be held the day of the Pre-Response Conference unless otherwise arranged.

Bidders shall investigate properly and consider all such factors in the preparation of every Proposal submitted. OUC shall not permit claims for financial adjustment based on the lack of prior information or its effect on the cost of the work.

3.12 OPENING

OUC shall open Proposals on the RFP Due Date at 2:30 p.m. EST at 100 West Anderson Street, Orlando, Florida. If required, at a public opening, OUC shall read only the Bidder name and if they have provided all the required information. OUC shall not share any other information at this time, with the exception of solicitations for construction or repairs on public works projects in which the price is submitted. Proposals not meeting the requirements may be rejected.

All questions concerning this solicitation must reference the document page number, and section heading. OUC shall answer questions and post them to VendorLink as an addenda to the solicitation.

3.13 SOLICITATION SELECTION SCHEDULE

OUC shall adhere to the stated schedule during the solicitation process, unless a change notice is issued to the Bidders via a written addendum. OUC reserves the right to postpone the date and time announced for the opening of proposals at any time.

OUC expects Proposals to address all of the information requested in the solicitation and subsequent clarifications, and to reflect the capabilities of the Bidder.

Bidders shall submit any supplemental information, and list any variations on the Exceptions form, in accordance with Section 4, Proposal Submittal Format & Checklist.

3.14 PROPOSAL ACCEPTANCE AND REJECTION

OUC reserves the right to accept the Proposal which, in its judgment, is the most responsive and responsible Proposal and to reject any and all proposals; as well as waive irregularities and formalities in any proposal that is submitted.

Without limiting the generality of the foregoing, OUC may reject any proposals which are incomplete or irregular; Proposals which omit any one or more items for which the solicitation requires, any Proposals which omit unit prices if unit prices are required, any Proposals from Bidders who have previously failed to satisfactorily complete contractual obligations.

1. The following shall cause an automatic rejection of the proposal:

a. Proposals delivered/submitted after the 2:00 p.m. due date

b. Failure to submit a Bid Bond (if required)

c. Failure to attend a mandatory Pre-Response Conference and/or any mandatory presentation (if required)

d. Failure to submit a signed Payment and Performance Bond Compliance Form when (a) a Payment and Performance Bond is required or (b) alternate payment and performance security permissible under Section 255.05, Florida Statutes is required http://www.ouc.com/docs/procurement/proc_paymt_perform_bond_form.pdf?sfvrsn=2

2. The following items may cause a rejection of the proposal:

a. Failure to submit copies of any of the signed & notarized (where required) forms:

i. Statement on Public Entity Crimes form

ii. Dispute Disclosure

3.15 PROPOSAL EVALUATION CRITERIA

OUC shall evaluate the Proposals based on the information provided by each of the Bidders. OUC’s review may include, but may not be limited to the following categories:

1. Qualifications and Experience, including past performance for OUC

2. Responsiveness to Requirements

3. Safety and Quality Programs

4. Financial Soundness of Organization

5. Price

OUC reserves the right to negotiate with Bidders who submitted responsive and responsible Proposals in the best interest of the OUC Commission. This negotiation process may occur prior to OUC Commission approval. Each Bidder acknowledges that OUC shall evaluate all Proposals and may initiate clarification discussions or seek additional information from all or some of the Bidders to fully understand any unclear elements of their proposals. Following clarification, OUC may initiate negotiations with the Bidder considered to be the most responsive and responsible. If no agreement is reached with the highest ranked Bidder, OUC may reject all Proposals or continue negotiations with each subsequently ranked Bidder until an acceptable deal is reached. A final contract award may be contingent upon OUC Commission and legal approval.

OUC reserves the right to consider historic information and facts, whether gained from the Bidder’s Proposal, question and answer conferences, references, and/or other sources during the evaluation process. OUC may conduct such investigations to assist with the evaluation of any Proposal. The investigation also serves to establish the Bidders’, subcontractors’, and other related entities’ responsibility, qualifications, and financial ability to fulfill the Proposal requirements to the Commission’s satisfaction, within the prescribed time.

The Bidder solely is responsible to submit information related to the evaluation categories. OUC is under no obligation to solicit such information. Failure of the Bidder to submit information may cause an adverse impact on the Proposal’s evaluation.

3.16 CANCELATION

Prior to the final execution of a Contract or full Notice to Proceed, OUC reserves the right to rescind said award without prior notice to Bidders. In addition, OUC may reject all Proposals, reissue the solicitation packet, or re-award the contract.

3.17 FREIGHT (IF APPLICABLE)

The selected Bidder shall coordinate with OUC’s freight contractor for shipping unless OUC determines that the selected Bidder can obtain freight/shipping rates or methods that are more advantageous to OUC. The selected Bidder shall submit an alternate shipping proposal based on delivery to OUC’s Free On Board (FOB) carrier at the designated OUC facility or location. The alternate proposal must include the:

http://www.ouc.com/docs/procurement/proc_public_entity_crimes_form.pdf?sfvrsn=2 http://www.ouc.com/docs/procurement/proc_dispute_disclosure_form.pdf?sfvrsn=2

1. Carrier name

2. Insurance coverage

3. Firm price freight quote

The Bidder must include any alternate proposal in the bid response to this solicitation. OUC may accept or reject the proposed alternate shipping arrangement.

OUC’s freight/shipping supplier and contact information is:

Nexterus

1-888-867-5952 (Monday – Friday, 8:00 a.m. – 7:00 p.m. EST) dcs@nexterus.com

3.18 BID BOND (IF APPLICABLE)

Bidder may be required to submit a certified check or cashier’s check drawn on an acceptable bank, or an acceptable Bidder’s bond executed by the Bidder and a surety company authorized to do business in the State of Florida. The value of the bid bond shall be five percent (5%) of the proposal price schedule. When submitting a Proposal through VendorLink, the Bidder shall provide a copy of the check and express mail the original check to the delivery location provided on the first page of the Solicitation Packet Form.

The bid bond guarantee shall be made payable without condition to OUC. The amount of the check or bond may be retained by and forfeited to OUC as liquidated damages if the Proposal results in a contract award and the Bidder fails to honor the accepted terms.

OUC shall return the selected Bidder’s bid bond when that Bidder executes the contract and files a satisfactory payment and/or performance bond, if required. OUC may retain the bid bond of the second highest ranked Bidder for a period not to exceed thirty (30) days, pending the execution of the contract by the selected Bidder. OUC shall return the bid bond of each unsuccessful Bidder upon request, after the contract is awarded or when the Proposal is rejected.

3.19 PAYMENT AND PERFORMANCE BOND (IF APPLICABLE)

The selected Bidder may be required to furnish a Payment and Performance Bond to OUC per Florida Statutes; Section 255.05 equal to 100 percent of the contract price. The cost of such bonds shall be stated as a separate line item in the Proposal.

A surety company, authorized to do business in the State of Florida and acceptable to OUC, shall sign the bond. The Performance Bond and Payment Bond shall be dated with the actual execution date. With these bonds, the responsible party shall file certified copies of the power of attorney of such attorney-in-fact signing the bond on behalf of the surety, and such certificates shall be certified to show that such power of attorney was in effect to and including the date of the actual execution of the bonds. Any bonds submitted by a surety or its agent shall be conclusively presumed to have been authorized by and binding upon the surety company irrespective of the date shown on the power of attorney.

If bonds are required, they shall remain in full force and effect until satisfactory completion of any specified performance guarantee tests, or satisfactory completion of all other contractual requirements, whichever shall occur last. Upon recording of the performance and payment bond (if applicable) Bidder shall provide OUC three (3) copies.

OUC shall furnish a copy of the selected Bidder’s bond to any lienor demanding that bond under the provisions of Florida Statute 713.23.

3.20 CONTRACT EXECUTION

The selected Bidder shall execute the necessary contractual forms, and return the executed forms within ten (10) business days of receipt of forms for execution.

3.21 AWARD

OUC reserves the right to award a single or multiple contracts for all proposal items, or to award separate contracts for single proposal items or any combination of such items; or to make no contract award.

OUC shall be the sole judge of its own best interests, the proposals, and the resulting contract. An award may be made to the most responsive and responsible organization whose proposal is determined to be the most advantageous to OUC. The Commission’s decision shall be final and OUC’s rights include the ability to:

1. Reject any or all proposals or parts thereof

2. Issue subsequent solicitations

3. Cancel the entire solicitation

4. Remedy technical errors on the solicitation

5. Negotiate with any, all or none of the Bidders

6. Award a contract to one or more Bidders or none at all

7. Accept other than the lowest price

8. Waive informalities and irregularities in proposals

3.22 TAXES, PERMITS, AND LICENSES

The Bidder's attention is directed to the General Terms and Conditions and the Florida Statutes regarding taxes, permits, and licenses. It shall be the Bidder's responsibility to determine the applicable taxes, permits, and licenses. If the Bidder has doubt as to whether or not a tax, permit, or license is applicable, they shall state in their proposal whether this item has been included in their proposal price and the amount of the applicable tax, permit, or license in question.

3.23 ERROR AND OMISSIONS

Bidders or their authorized representatives are expected to be fully informed as to the conditions, requirements and specifications before submitting proposals; failure to do so will be at the Bidder’s own risk. Neither law nor regulations make allowance for errors either of omission or commission on the part of Bidders. In case of error of extension of prices in the proposal, the unit price shall govern.

3.24 PROPOSAL SUBMITTAL FORMAT

Bidders shall complete all required forms, and include them in the proposal submittal package with any other required information. Refer to Section 4, Proposal Submittal Format & Checklist for more information.

3.24.1 OUC Policies and Procedures for Bidders

The Bidder shall read and comply with OUC’s policies and procedures before submitting this Proposal:

1. Contractor Security Policy

2. Bid Protest Guidance

3. Generic Contractor Orientation

4. Drug and Alcohol-Free Workplace and Testing Policy

5. OUC Travel and Expense Guidelines

6. All policies – OUC Procurement Services Department website

These policies and any supplemental policies provided at contractor orientation are hereby fully incorporated into this contract by reference and to the extent applicable to the supplier in the performance of their work. Supplier and its subcontractors, suppliers, agents, and employees shall fully comply with all such policies as amended from time to time.

3.25 SIGNATURES

By submitting this proposal with the authorized electronic signature, the Bidder hereby declares that, in all respects for and in good faith, without collusion or fraud:

1. Only the individuals or organizations interested in this proposal/bid response as principal or principals are named in this Proposal.

2. No other individuals or organizations than mentioned in this Proposal have any interest in this Proposal/Bid Response or in the subsequent contract.

3. This Proposal/Bid Response is made without connection with any other person, company, or parties likewise submitting a Proposal/Bid Response.

Bidders shall prepare Proposals in accordance with the Instructions to Bidder’s document. Failure to submit the necessary forms may cause a rejection of the proposal. The Bidder hereby agrees to provide the services and/or items specified in the solicitation packet at the prices quoted pursuant to the requirements of this document.

https://www.ouc.com/wp-content/uploads/2024/12/Procurement_procure_contractor_sec_pol.pdf https://www.ouc.com/wp-content/uploads/2024/12/Procurement_bid_protest.pdf https://www.ouc.com/wp-content/uploads/2024/12/Procurement_procure_contractor_orientation_stanton.pdf https://www.ouc.com/wp-content/uploads/2024/12/Procurement_proc_alc_cont_subs_testing_pol.pdf https://www.ouc.com/wp-content/uploads/2024/12/Procurement_supplier_business_expense_guidelines.pdf https://www.ouc.com/doing-business-with-ouc/

SCM-RFP-T-01 – Request for Proposal Template v4.2– 10/21/19

4 PROPOSAL SUBMITTAL FORMAT & CHECKLIST

A checkmark (✓) on the items below indicates these are applicable items and the terms and conditions stated in earlier sections are applicable. Bidders shall complete all the forms checked (✓) below, and include them in the proposal submittal package in order with any other information.

Provide a written signature on all original forms and, when required, a notary stamp. Scan & upload these forms with the Proposal.

Technical Response File (checked if applicable)

Tab 1 – Cover Page

Proposal Cover Page on Bidders Letterhead

Bidder Information as listed in Section 2.2.1

Tab 2 – Bidder Background and Qualifications

References and Qualifications as listed in Section 2.2

Tab 3 – Response to Requirements

Response to all Requirements as listed in Section 2 and any applicable Attachments

Tab 4 – Compliance Forms

Submit at time of proposal

Exceptions

Sworn Statement on Public Entity Crimes and Scrutinized Companies Under Florida Statutes, Section 287.133 (3) (a) and 287.135

Dispute Disclosure

☐ Bid Bond as described in Section 3.18 (Not Applicable)

Addenda (If Applicable)

Provided at time of award

Copy of Company’s Business License

Copy of Insurance Certificate

W-9 Form

☐ Payment & Performance Bond as described in Section 3.18 (Not Applicable) http://www.ouc.com/docs/procurement/proc_exceptions_form.pdf?sfvrsn=2 http://www.ouc.com/docs/procurement/proc_public_entity_crimes_form.pdf?sfvrsn=2 http://www.ouc.com/docs/procurement/proc_public_entity_crimes_form.pdf?sfvrsn=2 http://www.ouc.com/docs/procurement/proc_dispute_disclosure_form.pdf?sfvrsn=2 http://www.ouc.com/docs/procurement/proc_addenda_form.pdf?sfvrsn=2 http://www.ouc.com/docs/procurement/proc_w9_form.pdf?sfvrsn=2

SCM-RFP-T-01 – Request for Proposal Template v5.0 - 5/22/25

5 ATTACHMENTS

Attachment A: Detailed Scope of Work & Requirements

Attachment B: Price Schedule

Attachment C: Invitation to Pre-Response Conference

Attachment D: Drawings

SCM-RFP-T-01 – Request for Proposal Template v5.0 - 5/22/25

DETAILED SCOPE OF WORK & REQUIREMENTS

Air Emissions and RATA Testing for the Orlando Utilities Commission Power Generating Facilities

SPECIFICATIONS

Scope of Work

Contractor shall perform air emissions testing for the Annual Compliance and Relative Accuracy Test Audits (RATA) requirements of the Orlando Utilities Commission’s power generating facilities.

All testing must comply with methods specified in each facility’s air operating permit (attached) and applicable federal regulations (40 CFR Parts 60, 63, and 75). All test reports must comply with the reporting requirements specified in each facility’s air operating permit (attached) and applicable federal regulations (40 CFR Parts 60, 63, and 75).

In case of discrepancy, the facility’s air operating permit requirements shall govern.

Schedule

1. Stanton Energy Center (SEC) - Unit 1 and 2 (coal boilers)

a. Annual compliance and RATA testing: one unit per week, over two consecutive weeks (6-10 hours per day). Conducted in Q2 or Q3

b. Quarterly particulate matter testing for MATS compliance scheduled separately, except when coinciding with annual mobilization.

2. Stanton Energy Center (SEC) - Unit B (NG combined cycle)

a. Annual compliance and RATA testing: typically, one day; permit renewal may require two days. Conducted in Q2 or Q3.

3. Indian River Plant (IRP) – CTA, CTB, CTC, CTD (NG combustion turbines)

a. Annual compliance testing: one unit per day, completed in one mobilization (four days total) if all units have operated >400hrs during the calendar year, otherwise more than one mobilization may be required. Conducted in Q3 or Q4 if needed.

b. 40 CFR Part 75, Appendix E testing for CTC and CTD once/5 years on oil and gas

3. Osceola Generating Station (OGS) – CT1, CT2, CT3 (NG combustion turbines)

a. Annual compliance and RATA testing: one unit per day, completed in one mobilization (three days total). if all units have operated >400hrs during the calendar year, otherwise more than one mobilization may be required.

Conducted in Q2 or Q3.

Caveats and exceptions

1. SEC Unit 1 - Testing paused during extended cold storage (expected 2026). If returned to service, testing must occur within 60 operating days.

2. IRP and OGS - Compliance testing is only required for fuel (natural gas or #2 fuel oil) used ≥400 hours annually in each unit.

Test Results Reporting Requirements

1. Preliminary Results: Available no later than the day following completion of testing.

2. Draft Reports: Electronic format (PDF or MS Word) submitted within 25 days of testing; must include information required by 62 297.310(8)(c) Florida Administrative Code.

3. Final Reports: Electronic format (PDF) submitted within 35 days of testing, unless a different format is required by regulation.

Test Reports

1. For SEC Units 1 and 2, separate reports shall be submitted for PM Tests, Dust

Collectors Visible Emissions Tests and for each Unit’s Relative Accuracy Test Audit.

2. For SEC Unit B, separate reports shall be submitted for Annual Compliance Testing (including Visible Emissions) and for the unit’s Relative Accuracy Test Audits.

Formaldehyde test report will require a separate report, meeting the requirements of 40 CFR Part 63, subpart YYYY,

3. For OGS units, separate reports shall be submitted for Annual Compliance Testing (including Visible Emissions) and for the units’ Relative Accuracy Test Audits.

Reports will be provided on a per unit basis.

4. For IRP units one report per unit for annual compliance testing shall suffice.

Supplier Orientation

All contractor personnel must complete annual site-specific orientation training prior to performing services onsite.

Facility Air Operating Permits (Links direct to FDEP website)

Stanton Energy Center: 0950137-059-AV https://arm-permit2k.dep.state.fl.us/adh/prod/pdf_permit_zip_files/0950137.059.AV.F_pdf.zip

Indian River Plant: 0090008-015-AV

Osceola Generating Station: 0970071-018-AC *

*The OGS is currently operating under the authorization of a construction permit that will be soon renewed as an operating permit https://arm-permit2k.dep.state.fl.us/adh/prod/pdf_permit_zip_files/0090008.015.AV.F_pdf.zip https://arm-permit2k.dep.state.fl.us/adh/prod/pdf_permit_zip_files/0970071.018.AC.F_pdf.zip

Facility Specific Requirements

Stanton Energy Center - Unit 1 and Unit 2

1. Quarterly MATS PM testing: Modified EPA method 5B, per MATS (40 CFR Part 63)

2. Annual PM Compliance Testing: Method 5B

3. Annual Visual Emissions Test:

a. Unit 1 and 2 stacks -Method 9 (1, one-hour run, concurrent with PM test)

b. EU 004-016 & 29 - Method 9 (1, 30 min run)

4. RATA Testing: NOx, CO2, CO, Hg, SO2 at base load; stack flow RATA at the two most frequently used load ranges. (Low and High is typical). FGD scrubber Inlets (A&B) SO2 and CO2.

5. Permit Renewal Testing:

a. Unit 2 - Ammonia slip, VOC, sulfuric acid mist, beryllium, lead, fluorides

b. Non- emergency RICE engines – CO, per 40 CFR part 63, Subpart ZZZZ

6. Test Methods:

Method Description of Method and Comments 1-4 Traverse Points, Velocity and Flow Rate, Gas Analysis, and Moisture Content

3A Gas Analysis for the Determination of Emission Rate Correction Factor or Excess Air

5, 5B, modified 5, or

Method for Determining Particulate Matter Emissions (All PM is assumed to be PM10.)

6, 6A, 6B or 6C Determination of Sulfur Dioxide Emissions from Stationary Sources

7, 7A, 7C, 7D or 7E Determination of Nitrogen Oxides Emissions from Stationary Sources

8, 8A or CTM-013 Determination of Sulfuric Acid Mist Emissions

9 Visual Determination of the Opacity of Emissions from Stationary Sources

10 Determination of Carbon Monoxide Emissions from Stationary Sources {Note: The method shall be based on a continuous sampling train.}

12 Determination of Lead Emissions

13A, 13B Determination of Fluoride Emissions

17 Determination of In-Stack Particulate Matter (PM) Emissions

18 Determination of VOC Emissions

20 Determination of Nitrogen Oxides, Sulfur Dioxide and Diluent Emissions from Stationary Gas Turbines

25, 25A, 25B Method for Determining Gaseous Organic Concentrations (Flame Ionization)

29, 101A or 30B Determination of Hg Emissions

104 Determination of Be Emissions

108 Determination of Hg Emissions

Stanton Energy Center - Unit CCB

1. RATA Testing: NOx, O2, CO at normal load. NOx and CO emissions data collected during RATAs may be used to demonstrate compliance with the CO and NOx standards if normal load is equal to maximum permitted capacity.

a. Annual Compliance Testing: CO, NOx, formaldehyde, ammonia, visible emissions.

b. Separate runs for each fuel/method of operation.

i. Natural gas-fired method of operation

ii. Natural Gas-fired + duct burner method of operation – 1 Hour VE required

iii. Oil-fired method of operation (if Unit operated more than 400 hrs. on oil)

c. Pollutant concentrations (ppmvd) - corrected to 15% oxygen.

d. Results for NOx and CO - reported as a concentration (ppmvd 15% O2) and a rate (lb/hr).

e. Results for ammonia - reported as a concentration (ppmvd 15% O2), per run and 3-run average basis.

2.

3. Permit Renewal Testing:

a. Ammonia slip (Natural Gas Operation)

4. Test Methods:

Method Description of Method and Comments

CTM-027 or 320 Procedure for Collection and Analysis of Ammonia in Stationary Source. This is an EPA conditional test method. The minimum detection limit shall be 1 ppm.

Measurement of Vapor Phase Organic and Inorganic Emissions by Extractive Fourier Transform Infrared (FTIR) Spectroscopy

320 Formaldehyde. Measurement of Vapor Phase Organic and Inorganic Emissions by Extractive Fourier Transform Infrared (FTIR) Spectroscopy

7E Determination of Nitrogen Oxide Emissions from Stationary Sources

9 Visual Determination of the Opacity of Emissions from Stationary Sources

10 Determination of Carbon Monoxide Emissions from Stationary Sources. The method shall be based on a continuous sampling train. The ascarite trap may be omitted or the interference trap of section

10.1 may be used in lieu of the silica gel and ascarite traps.

20 Determination of Nitrogen Oxides, Sulfur Dioxide and Diluent Emissions from Stationary Gas Turbines

Indian River Plant – CTA, CTB, CTC and CTD

1. Annual Compliance Testing

a. CTA & CTB: NOx, visible emissions.

b. CTC & CTD: CO, NOx, visible emissions.

2. Permit Renewal Testing:

a. CTA & CTB: Visible emissions, SO2, NOx.

b. CTC & CTD: Visible emissions, PM, CO, SO2, NOx, VOC, sulfuric acid mist.

3. 40 CFR Appendix E Testing on gas and oil

4. Test Methods:

Method Description of Method and Comments

1-4 Traverse Points, Velocity and Flow Rate, Gas Analysis, and Moisture Content

6 Determination of Sulfur Dioxide Emissions

9 Visual Determination of the Opacity of Emissions from Stationary Sources

20 Determination of Nitrogen Oxides, Sulfur Dioxide and Diluent Emissions from Stationary Gas Turbines

Osceola Generating Station – CT1, CT2, and CT3

1. Annual Compliance Testing – NOx, CO and VE

2. RATA Testing: NOx – Satisfies the annual compliance test requirement

3. Test Methods

Method(s) Description of Method(s) and Comment(s)

1- 4 Determination of Traverse Points, Velocity and Flow Rate, Gas Analysis, and Moisture Content.

Methods shall be performed as necessary to support other methods.

9 Visual Determination of the Opacity of Emissions from Stationary Sources.

10 Determination of Carbon Monoxide Emissions from Stationary Sources.

20 Determination of Nitrogen Oxides, Sulfur Dioxide and Diluent Emissions from Stationary Gas Turbines.

18, 25 and/or 25A Measurement of Volatile Organic Compounds Emissions.

7E Determination of Nitrogen Oxide Emissions from Stationary Sources.

Pricing

1. Contractor shall provide:

a. Annual testing cost for each facility/plant group (4 total = SEC Units 1, 2, & dust collectors; SEC CCB; IRP CTs; and OGS CTs) as well as the per-unit testing costs. (Separate price for both gas and Oil.)

b. Per-test costs (separate sheet).

c. Mobilization costs (separate sheet) for each facility/plant group.

d. Optional pre-test meeting cost (itemized).

e. Three-year pricing (2026–2028), with one optional two-year extension for 2029–2030.

2. Notes:

a. Each facility/plant group is tested on separate mobilizations

b. Annual testing costs must be all-inclusive (delivery, equipment, setup, reporting, overtime, etc.).

c. Pre-test meeting costs must include all expenses (wages, travel, per diem, transportation, equipment).

SCM-RFP-T-01 – Request for Proposal Template v5.0 - 5/22/25

PRICE SCHEDULE

[See Attachment B: Price Schedule.xlsx

GENERAL TERMS AND CODITIONS FOR SERVICES

TABLE OF CONTENTS

GENERAL CONDITIONS FOR SERVICES

LEGAL REVISION – 5-12-23

GC 1.0 ENTIRE CONTRACT

GC 2.0 SCOPE

GC 3.0 INSPECTION, ACCEPTANCE OR REJECTION OF SERVICES

GC 4.0 TITLE TO MATERIALS

GC 5.0 SITE ACCESS CONDITIONS

GC 6.0 DRUG-FREE WORKPLACE

GC 7.0 PROTECTION OF PROPERTY AND PUBLIC LIABILITY

GC 8.0 INSURANCE

GC 9.0 WARRANTY

GC 10.0 PAYMENT OF INVOICES

GC 11.0 INDEMNIFICATION

GC 12.0 TERMINATION FOR DEFAULT

GC 13.0 TERMINATION FOR OUC’S CONVENIENCE

GC 14.0 LAWS AND REGULATIONS

GC 15.0 COMPLIANCE WITH CRITICAL INFRASTRUCTURE COMPLIANCE

GC 16.0 TAXES AND PERMITS

GC 17.0 INDEPENDENT CONTRACTOR

GC 18.0 HAZARDOUS MATERIALS

GC 19.0 REGULATORY COMPLIANCE

GC 20.0 PROJECTS REQUIRING NOTIFICATION OF ENVIRONMENTAL DEPARTMENT

GC 21.0 WAIVERS

GC 22.0 NO-THIRD PARTY BENEFICIARIES

TABLE OF CONTENTS

Continued

GC 23.0 SEVERABILITY

GC 24.0 ASSIGNMENT AND SUBLETTING OF CONTRACT

GC 25.0 FINAL PAYMENT/WAIVER

GC 26.0 CLAIMS FOR LABOR

GC 27.0 BINDING EFFECT

GC 28.0 TIME IS OF THE ESSENCE

GC 29.0 RIGHT TO INSPECT/AUDIT DOCUMENTS

GC 30.0 GOVERNING LAW

GC 31.0 FORCE MAJEURE

GC 32.0 DISPUTE PROCESS

GC 33.0 OUC’S EQUIPMENT

GC 34.0 CONDITIONS FOR EMERGENCY/HURRICANE OR DISASTER

GC 35.0 INFRINGEMENT OF PATENTS, COPYRIGHTS AND TRADE SECRETS

GC 36.0 PUBLIC R E C O R D S NOTICE

GC 37.0 E-VERIFY REQUIREMENTS

GC 1.0 ENTIRE CONTRACT.

These General Terms and Conditions and the Contract for which they are being provided (including attachments thereto) (the “Contract”) constitute the entire Contract between the Orlando Utilities Commission (“OUC”) and the Party providing Services under the Contract (the “Supplier”).

GC 2.0 SCOPE.

Supplier shall provide those services and related materials set forth in the specifications attached to this Contract or those in the bid package, if applicable bid package, if any, (the “Services”) on or before the agreed dates (if applicable) scheduled for the performance of the Services.

GC 3.0 INSPECTION, ACCEPTANCE OR REJECTION OF SERVICES.

All Services shall be subject to OUC’s final acceptance at the time of completion.

OUC may accept or reject Services within a reasonable time after receipt by OUC.

The making or failure to make any inspection of, or payment for or acceptance of the Services shall in no way impair OUC’s right to reject or revoke its acceptance of nonconforming Services, or to avail itself of any other remedies to which OUC may be entitled, notwithstanding OUC’s knowledge of the nonconformity, its substantiality or ease of discovery.

GC 4.0 TITLE TO MATERIALS.

Title, free of any and all liens and encumbrances, and risk of loss or damage to materials provided by Supplier as part of the Services shall pass to OUC upon installation at the OUC designated facility at which the Services are to be performed (the “Facility”).

GC 5.0 SITE ACCESS CONDITIONS.

OUC shall provide Supplier access to the Facility as necessary to perform the Services. Access shall be subject to Supplier’s obligation to comply with the following conditions:

5.1 Supplier shall confine its activities to only those portions of the Facility necessary for performance of the Services.

5.2 Supplier shall take all safety measures reasonably necessary to protect OUC, its permitees and licensees and the property of each, from injury or damage caused by or resulting from the performance of Services. Supplier shall follow any and all safety and security procedures established by OUC for the Facility.

In the event of a security emergency, OUC may deny Supplier access to a Facility or request that Supplier leave the Facility.

5.3 Supplier’s performance of Services shall not interfere with the use, occupancy or enjoyment of the Facility by OUC.

5.4 No work or activity performed as part of the Services shall cause OUC to be in violation of any requirement of law nor shall Supplier or any agent, employee or representative violate any federal, state or local laws while performing Services.

GC 6.0 DRUG FREE WORKPLACE.

The Supplier’s and subcontractor’s personnel who perform the work in connection with this Contract shall conform to the Orlando Utilities Commission (OUC) Alcohol and Controlled Substance Abuse Policy. This policy may be found on the Orlando Utilities Commission’s website, www.ouc.com under “Supplier Information”.

GC 7.0 PROTECTION OF PROPERTY AND PUBLIC LIABILITY.

The Supplier shall be accountable for any damages resulting from his operations. He shall be fully responsible for the protection of all persons including members of the public, employees of OUC, and employees of other Suppliers or Subcontractors, and all public and private property including structures, sewers, and utilities, above and below ground.

GC 8.0 INSURANCE.

Except as otherwise…