RFP_PR9154__Enclosed_Space_Drone_Final.pdf

RFP PR9154

For

Enclosed Space Drone

Issue Date: May 20, 2026

Pre-response Conference: None Scheduled At This Time

Pre-response Conference Date: N/A

Questions/Comments Due Date: May 27, 2026

Addendum Due Date: June 3, 2026

Proposal Due Date: June 23, 2026 by 2:00 PM EST

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

Direct all inquiries to Buyer of Record:

Bhumika Nathoo

407-434-4008 bnathoo@ouc.com

Orlando Utilities Commission RFP PR9154 – Enclosed Space Drone

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

Orlando Utilities Commission Orlando, Florida

RFP PR9154 for Enclosed Space Drone

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 PR9154 for Enclosed Space Drone

Direct all inquiries to the Buyer of Record: Bhumika Nathoo

407-434-4008 bnathoo@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

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

The Orlando Utilities Commission (OUC) is requesting proposals from vendors to provide an Unmanned Aerial System (UAS), or “drone”, capable of navigating and mapping enclosed spaces. For some OUC drone applications, a drone must be sent into small corridors commonly near critical infrastructure, navigating tight spaces with minimal room for error. To aid these workflows and reduce risk, a selected vendor will provide a drone that can enter these tight spaces. Utilizing built-in safety features such as collision resistance, the drone will be able to capture and model conditions within the enclosed space safely.

The selected system will enhance inspection efficiency, reduce personnel risk, and produce high-accuracy spatial and visual data suitable for engineering, maintenance, and asset-management workflows. The selected vendor shall provide a complete UAS solution including hardware, software, accessories, training, and support.

Refer to Section 2.1, Detailed Scope & Requirements for more information.

1.2 PRE-RESPONSE CONFERENCE

Not Applicable

1.3 TERM OF CONTRACT

The term of this contract shall become effective upon receipt and acknowledgment of purchase order and shall remain in effect until all Products described herein have been delivered, inspected, and accepted by the OUC designated representative, and all Supplier obligations related to such delivery have been fully performed. The obligations related to warranties, confidentiality, and any other provisions that by their nature are intended to survive shall remain in effect beyond delivery and acceptance.

Support, Maintenance, or Subscription Services, if applicable, shall commence on the Subscription or Service Start Date specified in the applicable Order and shall continue for the Initial Service Term. All obligations intended to survive Product delivery or the end of the Service Term—including warranties, confidentiality, intellectual property rights, and support-related obligations—shall remain in effect according to their respective stated durations.

1.4 MINIMUM BIDDER QUALIFICATIONS

Proposals must include:

• Company background and relevant experience.

• Past performance with confined-space or industrial UAS deployments.

• Technical volume with detailed system specifications.

http://www.ouc.com/

• Cost volume with itemized pricing (hardware, software, training, support).

• Implementation schedule and delivery timeline.

• Product return policy.

• Exceptions or deviations from requirements.

• The vendor shall complete the attached Attachment C - Bidder Information & Qualifications Fill in Form.

1.5 PRICE AND COSTS

Prices documented in the submitted Proposal must remain firm throughout the contract period (including additional extensions, if applicable).

Pricing shall include Shipping, FOB Destination, Freight Prepaid and Allowed to the following address:

3800 Gardenia Avenue

Orlando, FL 32839

Refer to Attachment B: Price Schedule.

1.6 TERMS AND CONDITIONS

The Terms and Conditions governing this RFP shall be in accordance with Attachment A: OUC General Conditions for Goods.

Vendor shall provide all software, firmware, licensing and warranty information for the product for OUC’s review and approval.

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

As part of OUC’s inspection workflows, assessment crews may be required to inspect enclosed spaces such as ash dewatering bins, coal silos, or manholes. Currently, these crews conduct their inspections in-person, often entering enclosed spaces with PPE to collect data such as pictures or measurements. Additionally, these workflows could require construction or additional equipment, such as scaffolding or rented heavy machinery, to complete an inspection. A safe and repeatable assessment of these enclosed spaces is critical to inspection workflows. To aid these efforts, drones are being used to support the inspection of areas that are hard for employees to navigate. The selected vendor will provide a drone that can enter and exit these spaces safely while also providing data to image and model conditions within the space. Data collected by the drone must include LiDAR data for 3D model reconstruction and visible images (i.e. RGB). Infrared (IR) imaging is not a requirement of this RFP, but it is an interest to OUC.

UAS Minimum Requirements At a minimum, the Enclosed Space Drone must:

a. Comply with Florida Administrative Code 60GG-2.0075 and FAA Remote ID requirements

b. Be designed for indoor flights, including collision resistance, lighting, and GPS-denied flight

c. Have return-to-launch functionality for loss-of-link during flight

d. Be splash and dust resistant, minimum IP54

e. Capture images of surroundings in visible (e.g. RGB) spectra

f. Capture LiDAR data required to create 3D models of the space flown

g. Have an onboard SD card for data storage

Optional Requests The following items are not a requirement for responding to this RFP, but are of interest to OUC:

a. Capture images of surroundings in infrared (IR).

Proposed Solution.

a. Provide the hardware specifications of the UAS; size, weight, features, characteristics, etc.

b. Describe the Drone flight distance, time and capabilities.

c. Detail the camera and zoom capabilities.

d. Describe software and (supplemental) hardware needs.

e. Provide information as to how long the drone has been on the market.

f. Provide details on connectivity and communication between controller and drone.

g. Provide any cloud-based network connectivity information and data storage locations.

h. Provide other details as necessary.

Implementation Plan

The Company shall prepare and submit to OUC a comprehensive and detailed Implementation Plan that includes training for operators before the use of the product. The Implementation Plan is subject to the terms set forth in the Sample Contract for this RFP.

a. Describe how your Company manages the implementation and testing process, including the roles of key project personnel.

b. Describe what requirements the OUC must provide to operate and maintain the product.

c. The Company shall describe and list a detailed acceptance test plan. Describe the criteria for assuring full system performance and outline how tests will be conducted.

d. Describe the Company’s plan for operator training.

Training and Technical Support

Proposals must include:

a. Operator and maintenance training.

b. Documentation (manuals, quick start guides, troubleshooting).

c. Technical Support details on price and terms.

d. Warranty terms and service level agreements.

e. Availability of spare parts and repair services.

f. Software update policy and long-term support expectations.

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 request to do site visits to 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 https://www.ouc.com/wp-content/uploads/2025/08/2025_08-Procurement-Public-Entitiy-Crimes-Form.pdf https://www.ouc.com/wp-content/uploads/2025/08/2025_08-Procurement-Public-Entitiy-Crimes-Form.pdf https://www.ouc.com/wp-content/uploads/2025/08/2025_08-ProcurementDispute-Disclosure-Form.pdf http://www.myvendorlink.com/ https://www.ouc.com/wp-content/uploads/2025/11/2025_11-Exceptions-for-Solicitation.pdf

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 https://www.ouc.com/wp-content/uploads/2025/11/2025_11-FL-Statutes-on-Payment-and-Performance-Bond.pdf

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:

https://www.ouc.com/wp-content/uploads/2025/08/2025_08-Procurement-Public-Entitiy-Crimes-Form.pdf https://www.ouc.com/wp-content/uploads/2025/08/2025_08-ProcurementDispute-Disclosure-Form.pdf

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.

https://www.ouc.com/wp-content/uploads/2025/11/2025_11-FL-Statutes-on-Payment-and-Performance-Bond.pdf

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 & Attachment C

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 (If Applicable)

Addenda (If Applicable)

Provide 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 (If Applicable) https://www.ouc.com/wp-content/uploads/2025/11/2025_11-Exceptions-for-Solicitation.pdf https://www.ouc.com/wp-content/uploads/2025/08/2025_08-Procurement-Public-Entitiy-Crimes-Form.pdf https://www.ouc.com/wp-content/uploads/2025/08/2025_08-Procurement-Public-Entitiy-Crimes-Form.pdf https://www.ouc.com/wp-content/uploads/2025/08/2025_08-ProcurementDispute-Disclosure-Form.pdf https://www.ouc.com/wp-content/uploads/2025/11/Addendum.pdf https://www.ouc.com/wp-content/uploads/2025/11/w9.pdf https://www.ouc.com/wp-content/uploads/2025/11/2025_11-FL-Statutes-on-Payment-and-Performance-Bond.pdf

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

5 ATTACHMENTS

Attachment A: OUC General Conditions for Goods

Attachment B: Price Schedule

Attachment C: Bidder Information & Qualifications Fill in Form

OUC GENERAL CONDITIONS FOR GOODS

TABLE OF CONTENTS

GENERAL CONDITIONS FOR GOODS

Legal Revision 5-12-23

GC 1.0 ENTIRE CONTRACT

GC 2.0 DELIVERY OF EQUIPMENT

GC 3.0 INSPECTION, ACCEPTANCE OR REJECTION OF EQUIPMENT

GC 4.0 MATERIALS AND WORKMANSHIP WARRANTY

GC 5.0 TITLE WARRANTY

GC 6.0 PAYMENT OF INVOICES

GC 7.0 INSURANCE

GC 8.0 INDEMNIFICATION

GC 9.0 TERMINATION FOR DEFAULT

GC 10.0 TERMINATION FOR OUC’S CONVENIENCE

GC 11.0 INDEPENDENT CONTRACTOR

GC 12.0 COMPLIANCE WITH CRITICAL INFRASTRUCTURE COMPLIANCE

GC 13.0 HAZARDOUS MATERIALS OF SUPPLIER

GC 14.0 NO THIRD-PARTY BENEFICIARY

GC 15.0 WAIVERS

GC 16.0 SEVERABILITY

GC 17.0 ASSIGNMENT

GC 18.0 FINAL PAYMENT/WAIVER

TABLE OF CONTENTS

Continued

GC 19.0 BINDING EFFECT

GC 20.0 TIME IS OF THE ESSENCE

GC 21.0 RIGHT TO INSPECT/AUDIT DOCUMENTS

GC 22.0 GOVERNING LAW

GC 23.0 FORCE MAJEURE

GC 24.0 DISPUTE PROCESS

GC 25.0 CONDITIONS FOR EMERGENCY/HURRICANE OR DISASTER

GC 26.0 INFRINGEMENT OF PATENTS, COPYRIGHTS AND TRADE SECRETS

GC 27.0 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 goods or materials under the Contract (the “Supplier”).

GC 2.0 DELIVERY OF EQUIPMENT.

Delivery of each item of the goods or materials (“Equipment”) provided by Supplier will be made at the facility or location designated by OUC (hereinafter referred to as “Delivered” or "Delivery") with all packaging, transportation and unloading charges prepaid and included as part of the price paid by OUC under the Contract (“Contract Price”). Title and risk of loss or damage to the Equipment shall pass to OUC upon acceptance. Refer to “Instructions to Proposers” Section 3.17 FREIGHT.

GC 3.0 INSPECTION, ACCEPTANCE OR REJECTION OF EQUIPMENT.

OUC shall be entitled to inspect all Equipment Delivered to OUC under the Contract.

Any Equipment which (i) is damaged or otherwise defective, (ii) if a specification is provided by OUC, does not meet the requirement of such specifications attached to this Contract or those in the bid package, if applicable, or (iii) which has been shipped by mistake, shall be returned to Supplier’s carrier and OUC shall be credited on the next invoice from Supplier for such Equipment. The making or failure to make any inspection of, or payment for or acceptance of non-conforming Equipment by OUC shall in no way impair OUC’s right to reject or revoke its acceptance of such Equipment 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. OUC may reject any non-conforming Equipment at any time during the term of the Contract, or, if a one-time Delivery, then within a reasonable time after Delivery by Supplier.

GC 4.0 MATERIALS AND WORKMANSHIP WARRANTY.

Supplier warrants that the Equipment provided under the Contract shall be free from defects in workmanship and material upon Delivery. To the extent that Supplier secures an extended warranty on any piece of Equipment purchased from a manufacturer or vendor, the vendor or manufacturer warranty on that piece of Equipment shall be assigned to OUC by Supplier and Supplier will cooperate with OUC in the enforcement of such warranty.

GC 5.0 TITLE WARRANTY.

Supplier warrants that at the time of Delivery to OUC, the Equipment shall not be subject to any encumbrance, lien, security interest or other defect in title by or through Supplier.

In the event of any non-conformity to its title warranty, Supplier shall defend the title to such Equipment upon notice from OUC of defect in title or other third-party claim against such Equipment.

GC 6.0 PAYMENT OF INVOICES.

Payment of each Supplier invoice by OUC shall be made within thirty (30) days after the date of receipt of Supplier’s invoice and verification of compliance of the Equipment that has been Delivered with the terms of the Contract. OUC reserves the right to withhold payment for any non-conforming Equipment provided by Supplier.

GC 7.0 INSURANCE.

Unless otherwise waived by OUC, the Supplier and its subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to OUC. It shall be the responsibility of the Supplier to maintain adequate insurance coverage and to assure that subcontractors are adequately insured at all times. Failure of the Supplier to maintain adequate coverage shall not relieve itself of any contractual responsibility or obligation.

The requirements specified herein as to types, limits, and OUC's approval of insurance coverage to be maintained by the Supplier and its subcontractors are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Supplier and its subcontractors under its Contract.

Any insurance carried by OUC that may be applicable shall be deemed to be excess insurance and the Supplier's insurance primary for all purposes despite any conflicting provision in the Supplier's policies to the contrary.

7.1 Certificates of Insurance.

The Supplier and its subcontractors shall furnish OUC with certificates of insurance as evidence that policies providing the required coverage and limits of insurance are in full force and effect. The certificates shall provide that any company issuing an insurance policy for the work under its Contract shall provide not less than thirty (30) days’ advance notice in writing to OUC prior to cancellation, termination, or material change of any policy of insurance. In addition, the Supplier shall immediately provide written notice to OUC upon receipt of notice of cancellation of an insurance policy or a decision to terminate or alter an insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied, including certification that the policies are of the "occurrence" type. Certificates of insurance for Supplier and subcontractor furnished insurance and notices of any cancellations, terminations, or alterations of such policies shall be mailed to OUC, at the addresses listed in Purchase Order.

7.2 Additional Insureds.

All insurance coverages furnished under this Contract except Workers' Compensation, Employers' Liability and Professional liability shall include OUC, and its partners, commissioners, directors, officers, agents, and employees as additional insureds with respect to the activities of the Supplier and its subcontractors.

Notwithstanding any other provision of these policies, the insurance afforded shall apply separately to each insured, named insured, or additional insured with respect to any claim, suit, or judgment made or brought by or for any other insured, named insured, or additional insured as though a separate policy had been issued to each.

OUC shall not by reason of their inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies.

7.3 Waiver of Subrogation.

The Supplier and its subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against OUC, their partners, directors, officers, agents, and employees and against other contractors and subcontractors.

7.4 Workers' Compensation and Employer’s Liability.

This insurance shall protect the Supplier against all claims under applicable state workmen's compensation laws. The Supplier shall also be protected against claims for injury, disease, or death of employees that, for any reason, may not fall within the provisions of a workmen's compensation law. This policy shall include an "all states" or "other states" endorsement.

Exemption certificates shall be accepted if valid during the term of the contract, but only for those eligible corporate officers pursuant to Chapter 440 Florida Statutes. Proof of workers’ compensation coverage must still be provided for all employees, sub-contractors not eligible for exemption.

The liability limits shall not be less than:

Workers' compensation Statutory

Employer’s liability $1,000,000 each occurrence

7.5 Comprehensive Automobile Liability.

This insurance shall be written in comprehensive form and shall protect the Supplier and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, and shall cover operation on or off the site of all motor vehicles licensed for highway use, whether they are owned, non-owned, or hired.

The liability limits shall not be less than:

Bodily injury and $1,000,000 limit each occurrence property damage

7.6 Commercial General Liability.

This insurance shall be an "occurrence" type policy (excluding automobile liability) written in comprehensive form and shall protect the Supplier and the additional insureds against all claims arising from bodily injury, sickness, disease, or death of any person or damage to property of OUC or others arising out of any act or omission of the Supplier or its agents, employees, or subcontractors. This policy shall also include protection against claims insured by usual bodily injury liability coverage, a "contractual liability" endorsement to insure the contractual liability assumed by the Supplier under the article entitled INDEMNIFICATION, and "Completed Operations and Products Liability" coverage (to remain in force for two

(2) years after final payment and subsequent to project completion). OUC may allow in its sole discretion, a combination of General Liability coverage and Umbrella coverage to satisfy required liability limits.

If the Supplier's work, or work under its direction, requires blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of structures, or damage to underground property.

The liability limits shall not be less than:

Bodily injury and $2,000,000 limit each occurrence property damage

GC 8.0 INDEMNIFICATION.

Supplier shall to the maximum extent permitted by law defend, indemnify, and hold harmless OUC, its commissioners, officers, directors, and employees from and against all claims, damages, losses, and expenses, (including but not limited to fees and charges of attorneys or other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from (i) all third-party claims for labor and materials furnished under this Contract for which OUC may become liable for payment under the laws of the state, (ii) the provision of Equipment by Supplier or any person or organization directly or indirectly employed by the Supplier to furnish any of the Equipment or anyone for whose acts any of them may be liable, (iii) breach of the terms of the Contract by Supplier or any person or organization directly or indirectly…