RFP No. 17-029R-LJ.pdf

Board of County Commissioners County Administrator

Paulette Burdick, Mayor Verdenia C. Baker Melissa McKinlay, Vice Mayor Hal R. Valeche Dave Kerner Steven L. Abrams Mary Lou Berger Purchasing Department Mack Bernard www.pbcgov.com/purchasing

REQUEST FOR PROPOSAL

RFP NO.17-029R/LJ

Palm Beach County Board of County Commissioners and

Fire Rescue Department are seeking Proposals for:

Purchase of UL rated, Ruggedized, P25 Portable Radios, and Parts and Accessories

Date issued/available for distribution: June 9, 2017

Proposer shall submit one (1) unbound original, eight (8) 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 July 12, 2017, 4:00 p.m. local time. See Section 1.7 of the RFP for Mailing Instructions.

Mandatory Pre-Proposal Conference: See Section 1.3 of this solicitation.

ENVELOPE MUST BE IDENTIFIED WITH THE

DEADLINE DATE FOR 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. 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

http://www.pbcgov.com/ 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 MANDATORY PRE-PROPOSAL CONFERENCE

1.4 PERIOD OF CONTRACT

1.5 QUALIFICATION OF RESPONDENTS

1.6 TIMETABLE

1.7 PROPOSAL SUBMISSION

1.8 CONTACT PERSON

1.9 CONE OF SILENCE

1.10 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 BUSINESS ENTERPRISE

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 INTERPRETATION OF TECHNICAL REQUIREMENTS

2.17 SELECTION PROCESS / MANDATORY ORAL PRESENTATION

2.18 EVALUATION CRITERIA

2.19 AWARD OF CONTRACT

2.20 DISCLOSURE OF OWNERSHIP INTEREST

2.21 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

2.22 COMMENCEMENT OF WORK

2.23 INSURANCE REQUIREMENTS

2.24 SUCCESSFUL PROPOSER NON-DISCRIMINATION POLICY

2.25 DRUG FREE WORKPLACE CERTIFICATION

2.26 AUTHORIZED SIGNATURE

ii

TABLE OF CONTENTS

(continued)

SECTION PAGE

SECTION 3 PROPOSAL REQUIREMENTS

3.1 EXPERIENCE / QUALIFICATIONS / BACKGROUND / REFERENCES

INFORMATION

3.2 EQUIPMENT EVALUATION INFORMATION

3.3 BUSINESS LOCATION / LOCAL PREFERENCE

3.4 PRICE PROPOSAL INFORMATION

3.5 BUSINESS INFORMATION

3.6 AMENDMENTS TO THE RFP

3.7 NON-DISCLOSURE/CONFIDENTIALITY AGREEMENT

3.8 ADDITIONAL INFORMATION

SECTION 4 SCOPE OF WORK/SERVICES

SECTION 5 ATTACHMENTS

ATTACHMENT 1 - SAMPLE STANDARD CONTRACT

ATTACHMENT 2 - P25 UL RATED PORTABLE RADIO AND REMOTE

SPEAKER MIC (RSM) PERFORMANCE TESTING AND

EVALUATION

SECTION 6 APPENDICES

APPENDIX A - PRICE PROPOSAL PAGES

APPENDIX B - BUSINESS INFORMATION

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

APPENDIX D - CERTIFICATION OF BUSINESS LOCATION

APPENDIX E - DRUG-FREE WORKPLACE CERTIFICATION

APPENDIX F - DISCLOSURE OF OWNERSHIP INTERESTS

APPENDIX G - NON-DISCRIMINATION POLICY

APPENDIX H - PROPOSER NON-DISCLOSURE/CONFIDENTIALITY

AGREEMENT FOR RECEIPT OF CONFIDENTIAL

INFORMATION

APPENDIX I - SATISFACTION OF REQUIREMENTS

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 Fire Rescue Department. 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 1.8, Contact Person.

1.2 PURPOSE OF THE PROJECT

Palm Beach County (County) is soliciting proposals from manufacturers to provide UL rated, Ruggedized, P25 Portable Radios, parts and accessories, warranty and repair services and parts.

1.3 MANDATORY PRE-PROPOSAL CONFERENCE

All proposers are required to attend a Mandatory Pre-Proposal Conference which will be held at the Purchasing Department, 50 South Military Trail, Room 1N-142 North/South, West Palm Beach, Florida 33415, on June 27, 2017, 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 1.6), to be discussed with the County’s representative(s) as possible amendments to the

RFP.

Note: The proposer’s failure to attend this conference 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.

In accordance with the provisions of ADA, auxiliary aids or services will be provided upon request with at least three (3) days notice.

1.4 PERIOD OF CONTRACT

The proposed effective date of this Contract is September 12, 2017. The selected proposer will provide services for a three (3) year period ending September 11, 2020.

Two (2) one (1) year renewal option(s), upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations, may be included. A renewal option shall be revoked if a selected proposer is suspended by the Purchasing Department prior to the commencement of the renewal period.

1.5 QUALIFICATION OF RESPONDENTS

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

1.6 TIMETABLE

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

Activity Date Time Location

RFP available for 6/9/17 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

Mandatory Pre-Proposal 6/27/17 10:00 a.m. Purchasing Department Conference 50 S. Military Trail Room 1N-142 North/South

W. P. B., FL 33415

Deadline for receipt of 6/29/17 5:00 p.m. Purchasing Department questions or comments 50 S. Military Trail, Ste. 110

W. P. B., FL 33415

Deadline for receipt 7/12/17 4:00 p.m. Purchasing Department of proposals 50 S Military Trail, Ste. 110

W. P. B., FL 33415

Radio Testing 7/25/17 9:00 a.m. Fire-Rescue HQ

405 Pike Rd.

W. P. B., FL 33411

Oral Presentations/ Selection Committee 7/28/17 9:00 a.m. Purchasing Department Meeting 50 S. Military Trail

Room 1N-142 North/South

W. P. B., FL 33415

Posting Date of Notice 8/1/17 Purchasing Department of Intent to Award 50 S. Military Trail, Ste. 110

W.P.B., FL 33415

www.pbcgov.com/purchasing http://www.pbcgov.com/purchasing

BCC Award Date 9/12/17 Governmental Center 301 N. Olive Avenue, 6th Floor

W.P.B., FL 33401

Contract Start Date 9/12/17

NOTE: County reserves the right to alter the above activities and/or times at the County’s sole discretion.

1.7 PROPOSAL SUBMISSION

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

One (1) unbound original, eight (8) 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 July 12, 2017, 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 RFP No. 17-029R/LJ

Title: Purchase of UL rated, Ruggedized, P25 Portable Radios, and Parts and Accessories Due Date: July 12, 2017, 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 provide the required goods and to perform the required services at the proposed price(s) identified therein.

1.8 CONTACT PERSON

The contact person for this RFP is Lisa Juliano, Senior Buyer, at (561) 616-6820, e-mail address: ljuliano@pbcgov.com or fax number (561) 242-6720 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.

1.9 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.

1.10 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 June 29, 2017, and to the address listed in the RFP Timetable (Section 1.6) or fax number or e-mail address listed for the Contact Person (Section 1.8) 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.

mailto:ljuliano@pbcgov.com

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 our 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 1.8) 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 1.6) 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-advertise 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 pricing 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 BUSINESS ENTERPRISE

Policy

It is the policy of the Board of County Commissioners of Palm Beach County, Florida, that all business be afforded an opportunity for full participation in the free enterprise system. In order to implement the policy, the Board of County Commissioners of Palm Beach County, Florida is committed to ensuring full and equitable participation by small business enterprises in the provision of goods and services.

SBE Goals

The County has established a minimum goal of 15% SBE participation for all County solicitations, inclusive of all alternates and change orders. This goal is a minimum, and no rounding will be accepted.

It will be the responsibility of the firm submitting a proposal to furnish all the necessary information to the County in order to receive points for SBE participation.

Points will not be cumulative. Points shall be assigned based on the level of SBE participation as outlined below:

Table 1 - SBE Point System (Non-CCNA)

Scenario Points

A Proposer is a Palm Beach County certified SBE who will be providing 51% of the work with their own workforce.

10 points (or 10% if total evaluation points exceed 100)

B Proposer has submitted proper documentation verifying that the County’s Professional Services Goal of 15% has been met, utilizing Palm Beach County certified SBE subcontractors. One-half point will be awarded for each increment of five (5) percent by which said amount exceeds the established goal.

5-8 points (or 5%- 8% if total evaluation points exceed 100)

NOTE: Final SBE points will be contingent upon a percentage of the total evaluation.

Upon initiation of the RFP solicitation process, all potential and interested professional service firms or consultants shall be required to list all SBE and M/WBE sub- consultants’ selected portion of work to be performed, and dollar amount or percentage for each on Schedule 1 and Schedule 2.

Points awarded for SBE participation shall not exceed ten percent (10%) of the total amount of possible points awarded.

Proposal Submission Documentation

SBE proposers proposing as prime consultants, are advised that they must complete Schedule 1 and schedule 2, listing the work to be performed by their own workforce as well as the work to be performed by any SBE sub-consultant.

Failure to include this information on Schedule 1 will result in the participation by the SBE prime proposers own workforce NOT being counted towards meeting the SBE goal. This requirement applies even if the SBE consultant intends to perform 100% of the work with their own workforce.

Proposers are required to submit with their proposal the appropriate SBE-M/WBE schedules in order to be deemed responsive to the SBE requirements. SBE- M/WBE documentation to be submitted is as follows:

Schedule 1 - List of Proposed SBE and M/WBE Participation

This list shall contain the names of all SBE prime and SBE sub-consultants intended to be used in performance of the contract, if awarded. This schedule shall also be used if an SBE prime proposer is utilizing ANY sub-consultants.

Schedule(s) 2 - Letter(s) of Intent to Perform as an SBE or M/WBE Subcontractor

A Schedule 2 shall be completed by the SBE Prime consultant. A schedule 2 shall be completed and signed by the proposed SBE sub-consultant listed on Schedule 1.

SBE Primes and SBE sub-consultants shall specify the type of work to be performed, the cost and/or percentage. If the SBE intends to subcontract any portion of the job to another certified SBE or non-SBE, they are required to list the amount and the name of the sub-consultant on this form. The Prime may count toward its SBE goal second and third tiered SBE sub-consultants provided that the Prime submits a completed Schedule 2 form for each SBE sub-consultant. Additional sheets may be used as needed.

SBE Certification

Only those firms certified by Palm Beach County at the time of proposal submission shall be counted toward the established SBE goals. Upon receipt of a complete application, IT TAKES UP TO NINETY (90) DAYS TO BECOME CERTIFIED AS AN SBE WITH PALM BEACH COUNTY. It is the responsibility of the proposer to confirm the certification of any proposed SBE; therefore, it is recommended that proposers visit the on-line Vendor Directory at www.pbcgov.org/osba to verify SBE certification.

Counting SBE Participation (and M/WBE Participation for Tracking Purposes)

a. Once a firm is determined to be an eligible SBE according to the Palm

Beach County certification procedures, the Prime may count toward its SBE http://www.pbcgov.org/osba goals only that portion of the total dollar value of a contract performed by the

SBE.

b. The Prime may count toward its SBE goal a portion of the total dollar value of a contract with a joint venture, eligible under the standards for certification, equal to the percentage of the ownership and control of the SBE partner in the joint venture.

c. The Prime may count toward its SBE goal the entire expenditures for materials and equipment purchased by an SBE sub-consultant, provided that the SBE sub- consultant has the responsibility for the installation of the purchased materials and equipment.

d. Prime may count the entire expenditure to an SBE manufacturer (i.e., a supplier/distributor that produces goods from raw materials or substantially alters the goods before resale).

e. The Prime may count sixty percent (60%) of its expenditure to SBE suppliers/distributors that are not manufacturers.

f. The Prime may count toward its SBE goal second and third tiered SBE sub- consultants; provided that the Prime submits a completed Schedule 2 form for each SBE sub-consultant.

g. The Prime may only count towards its SBE goal the goods and services in which the SBE is certified and performs with its own forces.

Responsibilities After Contract Award

Schedule 3(A) – Professional Services Activity Report

This form shall be submitted by the prime consultants with each payment application when SBE sub-consultants are utilized in the performance of the contract. This form shall contain the names of all SBE sub-consultants, specify the subcontracted dollar amount for each sub-consultant and show amount drawn and payments to date issued to sub-consultants. This form is intended to be utilized on all professional services contracts.

Schedule 4 – SBE-M/WBE Payment Certification

A schedule 4 for each SBE OR MWBE sub-consultant shall be completed and signed by the proposed SBE after receipt of payment from the prime. If a SBE sub-consultant intends to disburse any funds associated with this payment to any sub-consultant for labor provided on this contract, the amount and name of the sub-consultant must be listed on this form. In addition, if the named sub consultant is a certified SBE, then a schedule 4 shall be completed and signed by the named

SBE after receipt of payment from the SBE sub-consultant. When applicable, the prime shall submit this form with each application submitted to the county for payment to document payment issued to a sub in the performance of the contract.

All proposers hereby assure that they will meet the SBE participation percentages submitted in their respective proposals with the sub-consultants 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 an SBE-M/WBE Activity Form (Schedule 3(A)) and SBE-M/WBE Payment Certification Forms (Schedule 4) with each payment application. Failure to provide these forms may result in a delay in processing payment or disapproval of the invoice until they are submitted. The SBE-M/WBE Activity Form is to be filled out by the Prime Consultant and the SBE-M/WBE Payment Certification Forms are to be executed by the SBE firm to verify receipt of payment.

SBE Substitutions

After contract award, the successful proposer will only be permitted to replace a certified SBE sub-consultant who is unwilling or unable to perform. Such substitution must be done with other certified SBE’s in order to maintain the SBE percentages submitted with the bid. Requests for substitutions must be submitted to the user Department and OSBA.

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

Pursuant to Palm Beach County Code Section 2-371 – 2-377, the Palm Beach County Criminal History Records Check Ordinance (“Ordinance”), the County will conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees of contractors and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be either a critical facility ("Critical Facilities") or a criminal justice information facility ("CJI Facilities"), which are critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2003-1274, as amended. In October 2013, compliance with the requirements of the U.S. Federal Bureau of Investigation’s CJI Security Policy was added to the Ordinance, which includes a broad list of disqualifying offenses. The proposer is solely responsible for understanding the financial, schedule, implications, and/or staffing implications of this Ordinance.

Further, the proposer acknowledges that its proposal price includes any and all direct or indirect costs associated with compliance of this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the County.

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, has provided the information required to be submitted with the proposal (as stated in Section 3), and has met the minimum technical requirements (as stated in Section 4). 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 exception is being proposed to allow the County a meaningful opportunity to evaluate the proposal. Proposers are cautioned that submitting exceptions does not relieve the proposer from submitting the “Minimum Requirements” as stated in Sections 3 and 4. The County is under NO obligation to accept any proposed exceptions.

2.16 INTERPRETATION OF TECHNICAL REQUIREMENTS

If a proposer believes a conflict exists between the minimum technical requirements (as stated in Section 4) and the supporting regulations and standards, they may bring it to the attention of the Contact Person by the Deadline for receipt of questions or comments set forth in Section 1.6 hereof; whereupon the County will investigate.

If a conflict does exist, the County shall be responsible for determining the resolution.

2.17 SELECTION PROCESS/MANDATORY ORAL PRESENTATIONS

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), and met the minimum technical requirements (as stated in Section 4). 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 2.18. 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 2.18. 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 the proposer ranked the highest as its “finalist” and make its recommendation for award of the contract.

Mandatory Oral Presentations

For this RFP, proposers shall provide an Oral Presentation at the beginning of the Selection Committee meeting. The Oral Presentation portion of the meeting will not be open to the public. In accordance with the sunshine laws of the State of Florida, as amended, any portion of a meeting at which a vendor makes an oral presentation as part of a competitive solicitation or at which a vendor answers questions as part of a competitive solicitation is exempt from the public meeting requirement. Therefore, each proposer will only be able to attend their own presentation.

Oral Presentations will be conducted in alphabetical order, with an opening public meeting of approximately fifteen (15) minutes preceding the Oral Presentations:

Ten (10) minutes has been reserved for each Oral Presentation, where each proposer will discuss the features of their proposed radio followed by a period for questions from the Selection Committee. The ten (10) minutes allotted for each presentation will be strictly enforced. The purpose of the Oral Presentation is to present and clarify the proposal only. It is not an opportunity to add to or otherwise modify the proposal. No handouts will be permitted.

The Selection Committee meeting will resume immediately after the presentations have been conducted to discuss and evaluate the proposals and Oral Presentations.

This portion of the meeting is open to the public and notice of the meeting will be publicly posted.

All proposers must attend and provide an Oral Presentation. Failure of the proposer to do so shall result in the proposer being determined to be non-responsive to the RFP, and their proposal eliminated from further consideration.

2.18 EVALUATION CRITERIA

1. Experience/Qualifications Background/References (See Section 3.1)

Weight 20 % ( 20 pts)

2.

Equipment Evaluation (See Section 3.2)

Weight 40 % ( 40 pts)

3. Price Proposal (See Section 3.4)

Weight 25 % ( 25 pts)

4.

Small Business Enterprise (See Section 2.10)

Weight 10 % ( 10 pts)

5.

Business Location/Local Preference (See Section 3.3)

Weight 5 % ( 5 pts)

2.19 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.

2.20 DISCLOSURE OF OWNERSHIP INTEREST

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.

2.21 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

The selected proposer will be required to execute a contract similar to the attached Standard County Contract (Attachment 1). If a proposer has comments related to any of the provisions in this RFP and/or the contract sample, comments must be http://www.pbcgov.com/purchasing made, in writing, no later than the date specified in the RFP Timetable (see Section 1.6).

Standard County 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.

2.22 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.

2.23 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 13, to Palm Beach County, c/o Insurance Tracking Services, Inc. (ITS), P.O. Box 20270, Long Beach, CA 90801.

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 13). 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.

2.24 SUCCESSFUL PROPOSER NON-DISCRIMINATION POLICY

Pursuant to Palm Beach County Resolution R-2014-1421, as may be amended, the successful proposer warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression or genetic information. Per Resolution R-2014-1421, as may be amended, the successful proposer shall perform the following and shall use the “Non- Discrimination Policy” form attached as Appendix G in order to do the same:

1. Submit to the County a copy of its non-discrimination policy, which shall be consistent with the non-discrimination policy of the County as set forth in this Section; OR

2. In the event that the successful proposer does not have a written non-discrimination policy, the successful proposer shall sign and submit to the County a statement affirming that their unwritten non-discrimination policy is in conformance with the County’s non-discrimination policy as provided in Palm Beach County Resolution R-2014-1421, as may be amended.

Upon request from the Purchasing Department, the recommended awardee shall satisfy the requirements set forth in this Section prior to execution of a contract with the County. If the recommended awardee fails to satisfy the requirements set forth herein within a timely manner, the County, at its sole discretion, will cancel the Recommended Award. It is the responsibility of the successful proposer to maintain a written or non- written non-discrimination policy that conforms with the County’s policy as set forth in Resolution R-2014-1421, as may be amended, throughout the term of the Contract. Failure to meet this requirement shall be considered default of the Contract.

2.25 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.

2.26 AUTHORIZED SIGNATURE

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

SECTION 3

PROPOSAL REQUIREMENTS

PROPOSAL FORMAT AND CONTENT:

Format

Proposer shall submit one (1) unbound original, eight (8) 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 verbage or promotional material is discouraged.

Table of Contents

Proposals should contain a Table of Contents. The Table of Contents outlines in sequential order, all of the areas of the proposal and it allows for clarity and ease of review of the proposal.

Letter of Transmittal

Proposals should contain a Letter of Transmittal addressed to Lisa Juliano, Senior Buyer, and should, at a minimum, contain the following:

a. Identification of Proposer, including name address and telephone number.

b. Proposed working relationship between proposer and subcontractors, if applicable.

c. Name, title, address, telephone/fax numbers and e-mail address of contact person during period of proposal evaluation.

d. Signed by a person authorized to bind proposer to the terms of the proposal.

Technical Proposal

Proposals shall contain all of the documents listed below, each fully completed, signed, and notarized as required. Failure of a proposer to provide the required information is considered sufficient cause to deem the proposal non-responsive.

The item(s) marked by an asterisk (*) should be a part of the proposal;

however, if these items are omitted, the proposer must submit the item(s) upon request from the County within a time frame specified by the County (normally within two working days of request) or the proposal shall be deemed non-responsive. All other items must be submitted with the proposal or it shall be deemed non-responsive.

Notwithstanding these submittal requirements, the County reserves the right, at its sole discretion, to waive any minor irregularity relating to the proposal. Upon request, it shall be the responsibility of the proposer to address the determined minor irregularity within a time frame specified by the County (normally within two working days of request). Failure of a proposer to provide the required information within the specified time frame is considered sufficient cause to deem the proposal non-responsive.

Each of the following requirements should be addressed in separate sections of the proposal.

3.1 EXPERIENCE / QUALIFICATIONS / BACKGROUND / REFERENCES

INFORMATION

3.1.1 Each proposer shall submit a detailed statement of their experience, qualifications, and background for providing UL rated, ruggedized, P25 portable radios such as those solicited herein.

*3.1.2 Each proposer should submit a minimum of three (3) references demonstrating the successful provision of UL rated, ruggedized, P25 portable radios, as specified in this RFP, within the past three (3) year(s).

Each reference should include the following:

a. Name of client company, contact names, addresses, telephone/ fax numbers, dollar amount of contracts and dates of service.

b. Scope of Work, including radio manufacturer and models provided, quantity of units provided, warranty offered and services provided, if any.

3.1.3 Each proposer shall state how long they have been in business under the same business name and owner/management structure, if they have ever been terminated on an awarded contract, or if they have otherwise failed to complete any work awarded. Also, list three

(3) recent contracts under which UL rated, ruggedized, P25 portable radios as specified herein have been awarded.

3.1.4 Each proposer shall provide a copy of the radio warranty terms and conditions. A minimum of one (1) year is required.

3.1.5 Each proposer shall provide details of the Onsite and Off-Site Out of Warranty services available, including, but not limited to, radio programming, flash/firmware updates, codeplug/profile/template building, and radio installation.

3.1.6 Each proposer shall provide a training plan for Radio Shop staff on radio programming, preventative maintenance, proper usage and testing of the radios and accessories. Initial training of radio technicians shall be provided within the first ninety (90) days after the first delivery of radios. The training plan should include future and/or advanced training that may be online web-based training.

3.2 EQUIPMENT EVALUATION INFORMATION

3.2.1 Each proposer shall provide two (2) of each of the following:

a. UL rated, ruggedized, P25 portable radios as specified herein;

b. Fully charged batteries for each radio;

c. Remote speaker mics (RMS);

d. Carrying cases;

e. Battery chargers; and

f. Shoulder straps.

Sample radios shall be submitted to complete and/or verify compliance with the specifications. Sample radios may be used in addition to documentation provided by a proposer to show compliance with technical specifications. Each individual sample radio must be labeled with proposer’s name, manufacturer’s brand name and number, RFP number and item reference.

All radios shall be tested according to the procedures listed on Attachment 2 - P25 UL Rated Portable Radio and Remote Speaker Mic (RSM) Performance Testing Procedures. The sample radios will be tested in each of the following categories:

• Background Noise

• Exposure to Water/Elements/Immersion

• Ruggedness/Performance

• Exposure to Heat

• Ergonomic and Safety Features

The sample radios must be delivered to the County’s testing location, Fire Rescue Headquarters, 405 Pike Road, West Palm Beach, FL 33411, on the Radio Testing Date listed in the Timetable in Section

1.6. All radios provided by the proposer for testing by the County shall be pre-programmed by the manufacturer’s technical representative for the County’s current P25 radio system prior to the Radio Testing Date. The manufacturer’s technical representative shall program and test the radios to ensure they are working properly before leaving the radios to be further tested by the County. Failure of a proposer to bring the sample radios to the testing location on the Radio Testing Date shall result in the proposer being determined to be non-responsive to the RFP and their proposal eliminated from further consideration. As the manufacturer’s technical representative will require confidential information to program the sample radios, no programming will take place until after proposal submission and receipt of APPENDIX H, Proposer Non-Disclosure Agreement (NDA). Proposer shall provide in the NDA the name of the person and e-mail address to whom the confidential radio programming information shall be sent.

Requests for return of sample radios must be received with the sample radios and shall include return instructions with shipping authorization and name of carrier. The sample radios shall be returned at the cost of the proposer in “as is” condition. The County is not responsible for any damage to the sample radios that occurs during testing. If return instructions are not received, the sample radios shall be disposed of by the County at its discretion. Nothwithstanding anything in the foregoing to the contrary, the County will not return the awardees’ radios, but, instead will retain them to use for comparison with the purchased radios.

3.2.2 INFORMATION AND DESCRIPTIVE LITERATURE

Proposer shall enter the manufacturer offered and manufacturer model offered on Appendix A, Price Proposal Page(s). If a proposer does not fill in the manufacturer offered and manufacturer model offered for any item, or enters any wording other than the manufacturer offered and the manufacturer model offered, the item shall be rejected. Additionally, the proposer shall submit with their proposal, cut sheets, sketches, descriptive literature and/or complete specifications for said item(s). Literature shall provide matching manufacturer model offered to those offered on the Price Proposal Page(s) and sufficient detail to verify compliance to specifications. Manufacturer’s specification sheet(s) or technical publication(s) shall be acceptable. The descriptive literature shall demonstrate compliance with specifications.

Documentation shall include, but not be limited to, size, volts, NEDA number, chemical system, rating (or classification), terminals, milliampere-hour (mAh), and recharging rate (where applicable to the product(s) proposed). The failure of the descriptive literature to show that the item(s) offered conform to the requirements of this solicitation shall result in the rejection of the proposal. A general statement such as "complies with all requirements" shall not be acceptable. Reference to literature submitted with a previous bid/proposal shall not satisfy this provision. The County reserves the sole right to determine acceptance of offered item(s).

3.2.3 Each proposer must complete and submit, at the time of proposal submission, APPENDIX I, “Satisfaction of Requirements”.

3.3 BUSINESS LOCATION / LOCAL PREFERENCE

Pursuant to Section 2-80.47 of the Palm Beach County Local Preference Code, unless prohibited by federal, state or local law or where prohibited under the conditions of any grant, the location of a business shall be addressed through the evaluation criteria set forth in this solicitation.

Proposer shall submit at the time of proposal submission the attached “Certification of Business Location” (Appendix D) (the “Certification”) together with a valid Business Tax Receipt…