Sodium_Hypochlorite_(Addendum_#2_Revision).pdf

INVITATION FOR BIDS

Y24-1083

SODIUM HYPOCHLORITE

Orange County, Florida

400 E South Street

Orlando, FL 32801

RELEASE DATE: May 31, 2024

DEADLINE FOR QUESTIONS: June 11, 2024, 5:00 pm

RESPONSE DEADLINE: July 9, 2024, 4:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Orange County, Florida

INVITATION FOR BIDS

Sodium Hypochlorite

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

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

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

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

Invitation for Bids #Y24-1083 Title: Sodium Hypochlorite

1. Introduction & Submittal Instructions

1.1. Summary

NOTICE IS HEREBY GIVEN that Orange County, Florida, henceforth referred to as the County is accepting sealed offers for Sodium Hypochlorite (Y24-1083)

Sealed offers for furnishing the above will be accepted up to 4:00 pm EST on Tuesday, July 9, 2024.

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

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

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

ProcureNow OpenGov e-Procurement Platform shall be rejected.

Important Instructions for Electronic Submittal

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

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

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

ProcureNow Technical SupportFor Technical Support, respondent's can reach the ProcureNow

OpenGov Service Desk:

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

Email: support@procurenow.com

Phone: 1 (855) 680-4747 Hours: Mon-Fri 8am - 8pm EST

Timely Questions Regarding this Solicitation

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

Tuesday, June 11, 2024 at 5:00 pm EST. Respondents are instructed not to contact the initiating division directly.

https://secure.procurenow.com/signup mailto:support@procurenow.com

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

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

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

This provision exists solely for the convenience and administrative efficiency of Orange County. No respondent or other third party gains any rights by virtue of this provision or the application thereof, nor shall any respondent or third party have any standing to sue or cause of action arising there from.

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

1.2. Background

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

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

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

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

The Orange County Procurement Division operates under the leadership of Carrie Mathes, MPA, NIGP-

CPP, CFCM, CPPO, CPPB as Procurement Division Manager and Chief Procurement Official in accordance with the Orange County Ordinance.

1.3. Contact Information

Orange County Procurement Point of Contact

Tiffany Fulse

Contracting Agent

Email: tiffany.fulse@ocfl.net

Phone: (689) 258-5401

Department:

Administrative Svcs., Procurement Division mailto:tiffany.fulse@ocfl.net tel:(689)258-5401

1.4. Timeline

Release Project Date May 31, 2024

Question Submission Deadline June 11, 2024, 5:00pm

Submission Deadline July 9, 2024, 4:00pm

2. Solicitation Terms & Conditions

2.1. Contract Award

The County reserves the right to make multiple awards on a lot-by-lot basis to the lowest responsive and responsible respondent(s). Respondents may submit bids for all three lots. The County will award lots to the most competitive bidders, in alignment with the County’s best interests. However, the County will exercise its discretion to utilize either Contractor within an area based on need and vendor capacity. If a bidder is the lowest on more than one lot, the County will consider the bidder’s priority listing.

The County reserves the right to determine the quantity of awards based on the results of this bid, projected usage, price analysis, and the County's overall interests. Should there be only one Respondent who is deemed responsive and qualified for each lot, such Respondent will, by default, be awarded all three lots.

2.2. License, Certification and Authorization

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

2.3. Contract Term

The Contract resulting from this solicitation shall commence effective upon execution by both parties and shall specify a performance period of one (1) year. The contract may be renewed for four (4) additional one (1) year periods, upon mutual agreement of both parties. If any such renewal results in changes in the terms and conditions, such changes shall be reduced to writing as an amendment to this contract and such amendment shall be executed by both parties.

2.4. Bid Acceptance Period

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

2.5. Proprietary/Restrictive Specifications

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

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

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

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

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

Information (RFI) associated with this Solicitation.

2.7. Laws and Regulations

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

Contract the same as though herein written.

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

2.8. Minority and Women Owned Enterprise Requirements

See #Business Development section of this solicitation for additional Solicitation Terms and Contract

Terms.

2.9. No Reciprocal Preference

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

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

2.10. Price/Delivery

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

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

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

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

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

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

2.11. Federal and State Tax

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

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

Sales/Use Tax Exemption Certificate).

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

https://procurement.opengov.com/portal/orangecountyfl/projects/96079?section=873692

2.12. Acceptance/Rejection/Cancellation

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

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

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

2.13. Brand Name or Equal / Deviations

Unless otherwise specified as required, the mention of a particular manufacturer’s brand name or part number in the specifications does not imply that this particular good is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of good that will be acceptable. Equal offers will be considered and must include descriptive literature and/or specifications.

The determination as to whether any alternate good or service is or is not equal shall be made solely by the County and such determination shall be final and binding upon all respondents. The County reserves the right to request and review additional information to make such a determination.

Although the County provides for the consideration of alternate offers, it reserves the right to make an award in the best interest of the County. Award may not necessarily be given to the lowest priced offer.

The Respondent shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications of the items solicited and offered. Unless the offer is in response to a “Brand Name or Equal” requirement, deviations from the specifications will only be considered if requested in writing, via the question and answer module, prior to the submission deadline.

Deviations, if accepted, will be specifically addressed in writing via an addendum to this solicitation. Any goods or services that are not in compliance with the specifications will not be accepted.

2.14. Certification of Independent Price Determination

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

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

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

2.15. No Bid

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

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

2.16. Bid Tabulation and Recommended Award

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

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

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

Meeting number: 286 177 361 Password: Go2Meeting

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

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

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

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

Solicitation files may be examined during normal working hours, thirty (30) days after public opening, or upon recommendation for award, whichever occurs first. Individuals desiring to view these documents are urged to schedule an appointment. For information concerning this solicitation, please contact the

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

2.17. References

Respondent shall supply (with the bid form) a list of at least three (3) client references successfully completed by the Respondent, within the last ten (10) years, immediately preceding the due date of bid submittal in response to this Invitation for Bids. Failure to provide this information may be cause for rejection of the bid.

Each client reference shall be listed with complete information as specifically provided on County’s provided reference form. The specific information on references must be provided on the reference form. Do not attach listings of reference information.

https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b http://apps.ocfl.net/orangebids/bidresults/results.asp

All Respondents must submit the requisite number of references. Each such reference must be verified by the county in order to be deemed responsible under this “references” section. Failure to provide reference information as requested may result in the rejection of your bid.

RESPONDENTS ARE ADVISED TO CONFIRM THAT:

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

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

Respondent’s performance during the referenced project; and

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

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

THAT IT IS UNABLE TO INDEPENDENTLY VERIFY.

Notwithstanding anything to the contrary herein, without assuming any obligation to do so, the County reserves the right to follow up with – at minimum – the three (3) lowest Respondents for supplemental submission of references/similar projects. Any such opportunity to supplement or correct granted to a

Respondent by the County under this provision shall expire at 11:59pm county local time on the second full county business day after the day on which such Respondent received the County’s request for supplementation. There will be no additional time or consideration granted by the County thereafter.

Respondents found responsible under this “REFERENCES” section may still ultimately be deemed to be not responsible by the County due to other considerations including, but not limited to, other information provided in the Respondent’s bid submittal, as well as any history the Respondent may have of negative performance on previous County project(s). ULTIMATELY, THE DETERMINATION OF

WHETHER A RESPONDENT IS DEEMED RESPONSIBLE SHALL BE AT THE SOLE DISCRETION OF THE

COUNTY.

2.18. Posting of Recommended Award and Protests

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

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

Orange County Lobbyist Regulations General Information:

http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

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

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

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

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

2002-15.

http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

Orange County Protest Procedures:

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

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

2.19. Offer and Related Costs

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

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

2.20. Contractual Agreement

This Invitation for Bids shall be included and incorporated in the final contract or purchase order. The order of contract precedence will be the contract (purchase order), bid document, and response. Any and all legal actions associated with this Invitation for Bids and/or the resultant contract (purchase order) shall be governed by the laws of the State of Florida. Venue for any litigation involving this contract shall be the Ninth Circuit Court in and for Orange County, Florida.

2.21. Public Entity Crime

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

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

_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list

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

2.22. Florida Convicted/Suspended/Discriminatory Complaints

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

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

2.23. Conflict of Interest

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

Orange County. Further, all Respondents must disclose the name of any County employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Respondent's firm or any of its http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list branches. Should the Respondent permanently or temporarily hire any County employee who is, or has been, directly involved with the Contractor prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the County.

2.24. Ethics Compliance

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

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

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

2.25. Payment Terms/ Discounts

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

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

2.26. Clarifications

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

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

2.27. Pricing Errors

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

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

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

2.28. Execution Of Written Contract

The successful Respondent will be required to sign a written Contract which has been made a part of this Bid Package and identified as the #Required Contract. Said written Contract will evidence in written https://procurement.opengov.com/portal/orangecountyfl/projects/96079?section=873695 form the agreement between the parties pursuant to the award having been theretofore made by the

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

2.29. Trade Secret Information

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

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

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

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

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

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

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

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

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

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

https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx

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

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

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

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

Respondents are advised that:

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

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

1. Any proposed rates, fees, or prices;

2. The total bid amount;

3. The general nature of the services rendered or goods being provided; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx https://www.ocfl.net/vfr

3. Scope of Services / Specifications

3.1. Location of Solicitation Documents

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

3.2. SPECIFICATIONS

SODIUM HYPOCHLORITE

1. Sodium hypochlorite supplied under this contract shall be tested and certified as meeting these specifications and those of the American National Standards Institute/National Sanitation foundation Standard 60 (ANSI/NSF Standard 60), drinking water treatment chemicals health effects.

2. Sodium hypochlorite (12.5 Trade Percent Available Chlorine) delivered shall be in accordance with the American Water Works Association’s (AWWA’s) Standard B-300-04 for hypochlorite.

Upon request, the contractor shall supply the County with a written chemical analysis of any shipment.

3. Sodium hypochlorite delivered under this contract shall have a minimum of 125 grams per liter available chlorine equivalent to 12.5 percent chlorine by Trade or Volume.

4. Sodium hypochlorite delivered under this contract shall meet the following containment concentration limits:

Iron < 0.3 mg/L

Copper < 0.03 mg/L

Nickel < 0.03 mg/L

Chlorate < 2,500 mg/L

Bromate ≤ 20 mg/L

5. The suspended solids in the sodium hypochlorite delivered under this contract shall be minimized and the shipments delivered shall achieve a filtration time of less than 3 minutes for

1000 ml when applying the “Suspended Solids Quality Test for Bleach Using the Vacuum

Filtration” Method co-developed by Dr. Bernard Bubnis of NovaChem.

6. A certified report from the manufacturer shall be submitted for each sodium hypochlorite delivery to Orange County. The report shall contain the following data:

• Date and Time of Manufacture

• Percent by Weight Sodium Hypochlorite

• Percent by Weight Excess Sodium Hydroxide

• Specific Gravity (Referenced to a temperature)

• Suspended Solids Test Time

PERFORMANCE

https://secure.procurenow.com/portal/orangecountyfl/projects/96079?section=873704

1. The Contractor shall be responsible for clean-up of any spilled product. Upon notification, the contractor shall respond within two (2) hours to perform any necessary actions to properly remove and dispose of spillage. The contractor shall repair any damage caused by spillage and is responsible for the costs of all materials, labor or permits necessary to do so.

2. The Contractor shall conduct, at no cost to the County, an annual, on-site safety instruction session with County personnel. This session shall cover the characteristics and safe handling of

Sodium Hypochlorite. The instruction session shall be a minimum duration of four (4) hours. The date and time of said session shall be coordinated with the County. The County will furnish a suitable training area for this session.

3. At any time during the performance of this contract, if Orange County has any sort of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall cleanout the tank at no charge to the County within seven (7) days, unless such timeframe is extended by the County.

4. The cleanout shall be accomplished in a safe manner with no loss of disinfection to the affected plant and the contents disposed of in accordance with current regulations on disposal of hazardous wastes.

5. The Contractor shall submit a procedure to Orange County for approval prior to this work being completed. The determination of whether there is any such sludge or impurity buildup in the tanks will be at the sole discretion of Orange County. When the tank has been properly cleaned, the contractor shall refill the tank with clean, fresh sodium hypochlorite at no cost to

Orange County.

6. Failure of the Contractor to clean out the tank and replace the sodium hypochlorite within seven (7) days after being served notice (or within any extension of this timeframe specified by

Orange County) may be cause for actions leading up to contract termination.

7. Services not performed in accordance with the content of this contract shall be considered unsatisfactory and unacceptable. In the event of non-performance or unsatisfactory performance by the Contractor or any representative of the Contractor, the County shall have the right to exercise the following options:

a. Upon request by the County, remove all Contractor’s personnel from County property and from providing service under this contract who are deemed careless, incompetent, insubordinate, reasonably objectionable, or whose performance is deemed inadequate or unsatisfactory as determined by the County. The County’s request to remove any employee from this contract shall, in no instance, be considered a request for the contractor to terminate the employee from employment. The sole intent is removal of the individual from this contract.

b. Notify the Contractor of non-performance/unsatisfactory performance in writing and allow Contractor to correct such item within a specified timeframe. Although the timeframe for making corrections may occur outside of the Contractor’s normal working hours, the Contractor shall not receive any further compensation.

c. The Department shall notify the Procurement Division of the unsatisfactory performance. The Procurement Division may issue an official Report of Unsatisfactory

Materials and/or Services to the Contractor. The Contractor shall respond to the

Procurement Division within the number of days specified on the Report with a detailed explanation of why each deficiency occurred and a corrective action plan for each deficiency on the Report to the satisfaction of the County. The Contractor shall respond to each individual report separately. The Contractor’s failure to respond within the timeframe allowed and/or failure to perform the corrective action may be cause for default and may result in actions leading up to termination of the contract.

PERSONNEL AND EQUIPMENT REQUIREMENTS

A. DELIVERY TANKER TRUCKS

1. All delivery tanker trucks shall be equipped with an emergency shut off valve.

2. The contractor shall supply and install, at no cost to the County, any adapter(s) necessary to effect proper and safe off-loading of product. The County, prior to installation, shall approve any adaptors or equipment furnished to meet this requirement.

3. Tankers assigned to Orange County for deliveries shall not be used to ship any other product on a rotational basis with the exception of higher concentrations of the same product.

4. The tanks or trailers shall be clean and free of any residue that may contaminate the

Contractor’s product or impede the unloading process.

5. All appurtenant valves, pumps, and discharge hoses used for the delivery of sodium hypochlorite shall be supplied by the Contractor and be clean and free from contaminating material.

B. DELIVERY DRIVERS

1. Orange County security procedures require that each delivery driver and tanker be properly identified and authenticated prior to entry to any water supply facility.

2. All delivery drivers shall have the proper Commercial Driver’s License (CDL) with a

Hazardous Material endorsement and a valid company ID in their possession and shall present the proper identification whenever requested by an Orange County employee at any time during the delivery. Failure to show proper license may result in rejection of delivery and actions leading up to possible termination of the Contract.

3. The County reserves the right to inspect and/or search any delivery vehicle attempting to enter the premises.

4. Delivery drivers shall comply with any special instructions given upon arrival that are within the terms of the contract and shall maintain a pleasant, professional demeanor while visiting the facility. Failure to do so will result in removal from the facility.

5. All delivery personnel must have company cell phones to facilitate deliveries to unmanned and manned facilities.

C. DELIVERY LOCATIONS

LOT A – WATER RECLAMATION DIVISION

1. Western Regional Water Supply Facility, 2552 Lakeville Rd., Apopka, FL 32703, Four (4)

10,000-gallon tanks.

2. Oak Meadows Water Supply Facility, 226 Dorscher Rd., Orlando, FL 32835, (Unmanned) Two (2) 3,000-gallon tanks.

3. Northwest Water Reclamation Facility, 701 W. McCormick Rd., Apopka, FL 32703, Two

(2) 2,000-gallon tanks.

4. Malcolm Road Water Supply Facility, 16965 Malcolm Rd, Winter Garden, FL 34787, (Unmanned) Two (2) 4,500-gallon tanks.

5. Hidden Springs Water Supply Facility, 7490 Conroy-Windermere Rd., Orlando, FL

32811, (Unmanned) Two (2) 4,500-gallon tanks.

6. CR535 Water Supply Facility, 13815 Bridgewater Crossings Blvd., Windermere, FL

34786, (Unmanned) Two (2) 3,000-gallon tanks.

7. Hamlin Water Reclamation Facility, 16000 Malcolm Rd., Winter Garden, FL 34787, Two

(2) 1,500-gallon tanks.

LOT B – WATER PRODUCTION DIVISION

1. Southern Regional Water Supply Facility, 13000 S. Orange Ave., Orlando, FL 32824, Two (2) 10,000-gallon tanks and two (2) 5,000-gallon tanks.

2. Hunter’s Creek Water Supply Facility, 14000 Water Plant Dr., Orlando, FL 32837, (Unmanned) Two (2) 2,500-gallon tanks.

3. Orangewood Water Supply Facility, 5707 Splash Way, Orlando, FL 32921 (Unmanned), Two (2) 5,100-gallon tanks.

4. Vistana Water Supply Facility, 8943 Meadow Creek Dr., Orlando, FL 32821.

(Unmanned), Two (2) 4,500-gallon tanks.

5. Cypress Walk Water Supply Facility, 60 Grand Cypress Blvd., Orlando, FL 32820.

(Unmanned), Two (2) 1,100-gallon tanks.

6. South Water Reclamation Facility, 4760 Sand Lake Rd., Orlando, FL 32819, Three (3)

15,600-gallon tanks and two (2) 9,900-gallon tanks.

LOT C – WATER PRODUCTION

1. Eastern Water Reclamation Facility, 1621 S. Alafaya Tr., Orlando, FL 32828, Two (2)

3,000-gallon and two (2) 2,200-gallon tanks.

2. Eastern Regional Water Supply Facility, 9100 Curry Ford Rd., Orlando, FL 32825, Five

(5) 10,000-gallon tanks.

3. ASR Well, 1621 S. Alafaya Tr., Orlando, FL 32828, (Unmanned) One (1) 2,000-gallon tank (limited use).

4. Eastern Service Area, 13095 Wewahootee Dr., Orlando, FL 32832 (Unmanned), Two (2)

2,700-gallon tanks (limited use).

Note: Delivery locations are subject to change during the course of the contract.

4. Business Development

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

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

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

4.1. Bid Preference

In accordance with the Minority Women Owned Business Enterprise (MWBE) Ordinance, award of a contract resulting from this Invitation for Bids may be made to the lowest responsive and responsible

Orange County certified MWBE bidder provided that the bid does not exceed the overall lowest responsive and responsible bidder by the following percentages for the bid amounts listed:

A. 8% - Bids Up To $100,000

B. 7% - Bids Greater Than $100,000 to $500,000

C. 6% - Bids Greater Than $500,000 to $750,000

D. 5% - Bids Greater Than $750,000 to $2,000,000

E. 4% - Bids Greater Than $2,000,000 to $5,000,000

F. 3% - Bids Greater Than $5,000,000

In accordance with the Registered Service Disabled Veteran Business Ordinance, award of a contract resulting from this Invitation for Bids may be made to the lowest responsive and responsible registered prime Service Disabled Veteran bidder provided that the bid does not exceed the overall lowest responsive and responsible bidder by the following percentages for the bid amounts listed:

A. 8% - Bids Up To $100,000

B. 7% - Bids Greater Than $100,000 to $500,000

C. 6% - Bids Greater Than $500,000 to $750,000

D. 5% - Bids Greater Than $750,000 to $2,000,000

E. 4% - Bids Greater Than $2,000,000 to $5,000,000

F. 3% - Bids Greater Than $5,000,000

In the event of a tie between an M/WBE and a registered prime SDV with all else being equal, the award shall be made to the firm with the lowest business net worth.

https://www.orangecountyfl.net/VendorServices/MinorityVendors.aspx https://www.orangecountyfl.net/VendorServices/MinorityVendors.aspx

5. Insurance Requirements

5.1. Limits and Forms

The Vendor/Contractor agrees to maintain, on a primary basis and at its sole expense, the following types of insurance coverage with limits and on forms (including endorsements) as described herein at all times throughout the duration of this contract. These requirements, as well as the County’s review or acceptance of insurance maintained by the Vendor/Contractor, is not intended to and shall not in any manner limit or qualify the liabilities assumed by the Vendor/Contractor under this contract. The

Vendor/Contractor is required to maintain any coverage required by federal and state workers’ compensation or financial responsibility laws, including but not limited to Chapter 324 and 440, Florida

Statutes, as may be amended from time to time.

The Vendor/Contractor shall require and ensure that each of its sub-Vendors/sub-Contractors providing services hereunder (if any) procures and maintains insurance of the types and to the limits specified herein until the completion of their respective services.

Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best’s Financial Strength Rating of A- Class VIII or better.

(Note: State licenses can be checked via www.floir.com/companysearch/ and A.M. Best Ratings are available at www.ambest.com)

5.2. Commercial General Liability

The Vendor/Contractor shall maintain coverage issued on the most recent version of the ISO form, as filed for use in Florida or its equivalent, with a limit of liability of not less than $1,000,000 (one million dollars) per occurrence. The Vendor/Contractor further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insureds. The General Aggregate limit shall either apply separately to this contract or shall be at least twice the required occurrence limit.

Required Endorsements:

• Additional Insured- CG 20 26 or CG 20 10/CG 20 37 or their equivalents. Note: CG 20 10 must be accompanied by CG 20 37 to include products/completed operations

• Waiver of Transfer of Rights of Recovery-…