Orlando Utilities Commission SOQ 26 PR9347 – Design-Build Services for OUC District Cooling

Design-Build Services for OUC District Cooling

STATEMENT OF QUALIFICATIONS (SOQ)

SOQ26 PR9347

Issue Date: July 14, 2026

Pre-response Conference: Not Mandatory Attendance

Pre-response Conference Date: July 28, 2026

Questions/Comments Due:

Addendum Issue Date:

August 3, 2026

August 8, 2026

SOQ Due Date:

Short List Based on SOQ’s:

Evaluate SOQs and Conduct Interview and Rank

August 14, 2026 by 2:00 PM

August 20, 2026

August 20, 2026

Direct all inquiries to Buyer of Record:

Devin Finegan

407-434-4339

DFinegan@ouc.com

Orlando Utilities Commission Orlando, Florida

SOQ 26 PR9347 for Design-Build Services for OUC District Cooling

Table of Contents 1 Introduction

1.1 Scope of Work Summary

1.2 Selection Criteria

1.3 Requirements

1.4 Project Description

1.5 Pre-Response Conference

1.6 Term of Contract

1.7 Minimum Bidder Qualifications

1.8 Response Evaluation Criteria

2 Bidder Requirements and Qualifications

2.1 Detailed Scope, Requirements, & Drawings

2.2 Bidder Information & Required Bidder Qualifications

2.2.1 Cover Page Bidder Information

2.2.2 Background Information

2.2.2.1 Financial Information

2.2.2.2 Project Team and Workload

2.2.2.3 Project Controls

2.2.2.4 Sample Deliverable Documents

2.2.3 Project References and Qualifications

2.2.4 Additional Information

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

3.4.3 Signatures

3.4.4 Clarification of Response

3.4.5 Acceptance of Response Content

3.4.6 Withdrawal

3.5 Electronic Submittal of the Response

3.6 Compliance Forms

3.6.1 Public Entity Crimes

3.6.2 Dispute Disclosure

3.6.3 Payment and Performance Bond

3.7 RESERVED

3.8 Response Preparation Costs

3.9 Exceptions

3.10 Addenda

3.11 Clarifications

3.12 Local Conditions

3.13 Opening

3.14 Response Acceptance and Rejection

3.15 Selection Process

3.16 Solicitation Selection Schedule

3.17 Negotiation Schedule

3.18 Response Evaluation Criteria

3.19 Cancelation

3.20 Freight

3.21 Bid Bond (If Applicable)

3.22 Payment and Performance Bond (If Applicable)

3.23 Contract Execution

3.24 Award

3.25 Taxes, Permits, and Licenses

3.25.1 Licenses

3.26 Error and Omissions

3.27 Response Submittal Format

3.27.1 OUC Policies and Procedures for Bidders

3.28 Signatures

4 Statement of qualifications Submittal Format & Checklist

5 Attachments

SCM-SQN-T-01 – Statement of Qualifications – Non-CCNA Template v2.0

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Q ) Orlando Utilities Commission

Orlando, Florida

SOQ 26 PR9347 for Design-Build Services for OUC District Cooling

Direct all inquiries to the Buyer of Record: Devin Finegan

407-434-4339

DFinegan@ouc.com

SOQ 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 response submittals, described in the Electronic Submittal of the Response section of this document, will be accepted. Email or other means will not be accepted.

3. VendorLink help is available by calling 407-222-1885, or by emailing support@evendorlink.com.

mailto:support@evendorlink.com

SCM-SQN-T-01 – Statement of Qualifications – Non-CCNA Template v2.0

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

Orlando Utilities Commission’s District Cooling Department is seeking to pre-qualify one or more firms capable of providing professional Design-Build services for various upcoming projects on an as-needed basis.

Refer to Section 2, Detailed Scope, Requirements, & Drawings for more information.

1.2 SELECTION CRITERIA

The criteria that will be used to rank the firms may include: profile & capabilities, related experience, project team/workload, Dun & Bradstreet or other financial reporting, references, project approach, Central Florida Resources and Support, professional certifications and licenses applicable to Florida, safety performance history, and litigation or dispute history.

Personnel from OUC will form an Evaluation Committee to evaluate all properly prepared and submitted Responses meeting the requirements to determine a firm’s qualifications and rankings.

OUC may retain the services of engineering professionals or other consultants as appropriate for the project to assist OUC in the evaluation of the responses.

Firms considered that appear to meet or exceed the minimum qualifications may be asked to provide a presentation to the Evaluation Committee. If presentations are scheduled, the presentations will be conducted at OUC facilities and will last no longer than one (1) hour.

Information in the submittals, answers to clarification questions, and the presentations, if requested, will be used by the Evaluation Committee to develop the final rankings.

OUC may conduct such investigations as it deems necessary to assist in the evaluation of the Response and to establish the responsibility, qualifications, and financial ability of the Respondent’s, subcontractors, sub-consultants, suppliers, and other persons and organizations to perform the services required.

OUC reserves the right to consider historic information, whether gained from the response, questions and answers, conferences, references, presentations, or other sources in the evaluation process.

It is each responding firm’s sole responsibility to submit information related to the evaluation categories in the format and content being requested and that OUC is under no obligation to solicit such information if it is not included with the response. Failure of the responding firm to submit such information may have an adverse impact on the evaluation process for that firm.

It is OUC’s intention to negotiate a Master Agreement with one or more of the highest ranked firms to provide the Design Build services contemplated herein. OUC will begin negotiations with the top ranked firm. Should they fail, OUC will cease negotiations with the top ranked firm and begin negotiations with the second ranked firm, and so on, until an acceptable agreement has been reached between OUC and the selected firm. OUC reserves the right not to award a Master Agreement under this solicitation if deemed in the best interest of OUC.

http://www.ouc.com/

SCM-SQN-T-01 – Statement of Qualifications – Non-CCNA Template v2.0

1.3 REQUIREMENTS

The following are requirements necessary for any response to be considered:

firm’s submittal is to confirm each of the requirements or qualifications named in Attachment F.

Certain items are noted as necessary requirements, qualifications, or conditions for a firm to be considered in the evaluation process. OUC reserves the right to reject any submittal that fails to meet any of the items that are stipulated in Attachment F; more specifically those items that are listed in tabs F-1 and F-4. Please note that experience in Design Assist projects pertaining to chilled water plants will not be considered during the selection process. At OUC’s sole discretion, experience in Design Assist projects pertaining chilled water underground distribution piping systems may be considered during the selection process. If the Respondent’s submittal is a partnership of multiple firms, the Respondent shall list any partnerships involved for each project referenced. The Respondent should also delineate the partners to be evaluated in this solicitation.

1.4 PROJECT DESCRIPTION

Please see Item 1.1 Scope of Work Summary, 1.2 Selection Criteria, 1.3 Requirements.

1.5 PRE-RESPONSE CONFERENCE

Please see Attachment C.

1.6 TERM OF CONTRACT

The services shall be contracted for an initial term of three years with two one-year renewal options.

1.7 MINIMUM BIDDER QUALIFICATIONS

Responding firms must meet any requirements as listed in this solicitation along with those mentioned in the Qualification Fill-In Forms under Attachment F (see tabs 1-4) of this document.

All members of the responding firm’s team, including any subcontractors, must have a local office within a 125 mile radius of Orlando Utilities Commission’s downtown location (100 W. Anderson St., Orlando, FL 32801) in order to be considered and evaluated under this solicitation.

1.8 RESPONSE EVALUATION CRITERIA

Refer to the Instructions to Bidders section of this document.

2 BIDDER REQUIREMENTS AND QUALIFICATIONS

2.1 DETAILED SCOPE, REQUIREMENTS, & DRAWINGS

Refer to Sections: 1.2

2.2 BIDDER INFORMATION & REQUIRED BIDDER QUALIFICATIONS

Refer to Section 1.7 Minimum Bidder Qualifications for more information.

2.2.1 Cover Page 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

9. The reasons the firm is uniquely qualified to undertake the work described

10. For construction projects, Workman’s Compensation Experience Modification Rating for the last 3 years, including:

a. OSHA Incidence Rate for the last 3 years

b. OSHA Frequency Rate for the last 3 years

c. (Number of Lost Time Cases x 200,000/Total Man-hours)

d. OSHA Severity Rate for the last 3 years

e. (Number of Lost Workdays x 200,000/Total Man-hours)

2.2.2 Background Information

2.2.2.1 Financial Information

Provide the following information about the Firm’s financial health:

a) Firm’s Financial Report for the past three years, if available

b) Annual dollar volume (Millions) for the last five (5) years for projects of a similar nature

c) Dollar volume of business conducted with OUC in the last five (5) years

d) Firm’s ability to furnish performance and payment bond for work and remaining bonding capacity

2.2.2.2 Project Team and Workload

Provide the following information about your proposed project team:

a) Organizational chart(s) showing names, roles, and company affiliation.

b) Identify key personnel assigned to the project; at a minimum specifically list the names of the Project Manager, Project Architect, Engineer, etc.

c) Indicate the availability on a dedicated basis for each proposed individual assigned to the OUC project.

d) Resumes for key individuals should be provided. Limit each resume to two pages or less. Also include any and all certifications/licenses they may have related to this work.

e) Include any and all Firm’s certifications related to this work.

f) List of proposed major subcontractors, if applicable.

Additionally, indicated if the Firm conducts pre-employment screenings for the following:

a) Drug Screening Tests

b) Workers’ Compensation History Review

c) Driver’s License Verification

d) Pre-employment Physical Exam

e) Criminal History Review

2.2.2.3 Project Controls

Describe Firm’s methodology for project management including design, permitting, installation, inspection, and testing. Include a description of project cost and schedule controls that are provided or communicated to OUC on a formal basis. Include past project schedules, schedule of values, and progress reports to client.

2.2.2.4 Sample Deliverable Documents

Include one (1) each of the following, as applicable to requested services/qualifications described:

a) Feasibility study

b) Design document

c) Piping & instrument diagram

d) Electrical schematic

e) Controls schematic

f) Major equipment specification suitable for procurement

2.2.3 Project References and Qualifications

1. Provide at least three (3) references for work completed in the last 5 years with contact information related to completed projects with the similar scope and size project.

Include the following in the description of the project:

a. Narrative description of the project (one page maximum)

b. Value as Awarded:

c. Dollar Percentage of work performed by subcontractors:

d. Scheduled Completion Date

e. Actual Completion Date

f. For any portion of the project, which was not self-performed by the Firm, please list the other major partners involved in the work and describe their scope:

g. List key management personnel including engineering, construction, startup & commissioning, and contract negotiations:

h. Provide a list all major sub-contractors and sub-consultants. Include a brief description of their scope of work

Contact must be pre-verified by Proposer. Projects whose references cannot be verified will not be considered. If deemed pertinent, OUC will request to do site visits to customers provided as references by selected Bidder or Bidder’s affiliates.

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

3. Provide a complete list of all the subcontractors that may be part of the project, with a list of project(s) that they had participated with similar scope and size to this SOQ

2.2.4 Additional Information

Should bidder be awarded the work in this SOQ, 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.

Provide any additional information you wish for OUC to consider in this Response.

(Limit to 3 pages)

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 response to OUC, each Bidder acknowledges and understands that OUC is a public agency subject to Chapter 119 Florida Statutes (“Public Records Law”). Any Response document the Bidder submits will become a public record when OUC provides notice of an intended decision or 30 days after opening the bids, responses, 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 Response or Negotiation Phase a Bidder wishes to claim an exemption on any portion of its Response 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 Response 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 initial date of the advertisement for the Statement of Qualifications until the date OUC makes its determination to approve or reject the Selection Committee’s recommendation, 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 and provide proof of Worker's Compensation, General Liability, Automotive, Professional Liability and other insurance requirements, prior to award, in accordance with the requirements in the attached solicitation packet forms.

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 response/bid in response to this solicitation packet and shall have no financial interest in other entities submitting responses/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 SOQ, 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 Responses in accordance with the requirements of these Instructions to Bidders. Not preparing a Response, in accordance with such instructions, implies that the Bidder does not intend to comply with all of the proposed contract conditions. Such responses will be considered irregular and may be rejected.

OUC will receive Responses 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. “Orlando Utilities Commission”, herein referred to as the “Owner”, “OUC”, or “Commission”

2. “Bidder” or "Respondent" or “Firm” or “Company” or “Supplier” means one who submits a Response directly to OUC for the purpose stated in these Request for Statement of Qualifications (SOQ) documents

3. “Statement of Qualifications”, “Response”, “SOQ”, or Respondent's Response means all submittal documents provided by the Respondent as required by this Request for Statement of Qualifications including all required OUC forms.

4. “Request for SOQ” or “SOQ Documents” means the documents included in this Request for Statement of Qualifications.

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: Response Submittal Format & Checklist and submit Proposal with all applicable content.

3.4.3 Signatures

An authorized representative of each Bidder shall:

1. Sign or e-sign the Response, 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 Response.

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

3.4.4 Clarification of Response

OUC reserves the right to obtain clarification of any point in a Response or to obtain additional information as necessary to properly evaluate a particular Response. Failure to respond to such a request for additional information or clarification may result in rejection of the Response.

3.4.5 Acceptance of Response Content

The contents of any SOQ submitted for consideration will become, at OUC’s option, a part of any future Contract. Failure to accept this condition may result in rejection of the Response.

3.4.6 Withdrawal

Bidders may withdraw, alter, and resubmit their Responses through VendorLink at any time prior to the Response due date and time. Responses may not be withdrawn, altered, or resubmitted after the Response due date and time. A request for withdrawal or modification must be in writing and signed by an authorized person. Evidence of such authority must accompany the request for withdrawal or modification. Withdrawal of a Response will not prejudice the rights of a Respondent to submit a new Response prior to the Response deadline.

After expiration of the period for receiving Responses, OUC may request clarifications or additional information.

3.5 ELECTRONIC SUBMITTAL OF THE RESPONSE

To ensure correct Response formatting, Bidders shall:

1. Submit Responses 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 SOQ 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 response submission.

7. Follow all instructions outlined in this SOQ 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.

Note: In order to submit a response electronically, Bidders must be registered with VendorLink.

Individual file sizes may be limited by the system.

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.

3.6.3 Payment and Performance Bond

Each Bidder shall submit copies of an executed and notarized Section 255.05, Florida Statues on Payment and Performance Bond.

3.7 RESERVED

3.8 RESPONSE PREPARATION COSTS

OUC shall provide, without charge, one set of the specifications and documents to prospective Bidders for preparation of responses. 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 Response or to pay any other costs incurred prior to award. Costs of preparing the Statement of Qualification in response to this request are solely the responsibility of the Respondent.

http://www.myvendorlink.com/ mailto:support@evendorlink.com http://www.ouc.com/docs/procurement/proc_public_entity_crimes_form.pdf?sfvrsn=2 http://www.ouc.com/docs/procurement/proc_public_entity_crimes_form.pdf?sfvrsn=2 http://www.ouc.com/docs/procurement/proc_dispute_disclosure_form.pdf?sfvrsn=2 http://shareouc/procuretopay/Shared%20Documents/Linked%20Procedures%20and%20Artifacts/Payment%20and%20Performance%20Bond.pdf http://shareouc/procuretopay/Shared%20Documents/Linked%20Procedures%20and%20Artifacts/Payment%20and%20Performance%20Bond.pdf

3.9 EXCEPTIONS

OUC is seeking responses 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 Response is submitted. The Bidder acknowledges that any exception taken to the solicitation criteria (including submitting an alternate response) may result in OUC determining the Response to be nonresponsive.

3.10 ADDENDA

Addenda may be issued prior to the opening of the Responses for the purpose of changing or clarifying the intent of this document. All addenda will become a part of the SOQ, and the Respondent shall acknowledge receipt of all addenda in their Response.

No interpretation of the intent of this solicitation will be made orally to any respondent. In the event any interpretation is provided by OUC, only written interpretations will be binding upon OUC.

3.11 CLARIFICATIONS

It shall be the Respondent's responsibility to advise OUC, before the Response opening date, of conflicting requirements or omissions of information, which require clarification. 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.

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.

Those questions not resolved by addenda shall be listed in the space provided on the Statement of Qualifications Exceptions form, together with statements of the basis upon which the Response is made as affected by each question. 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.

3.12 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 Response 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.

3.13 OPENING

OUC shall open Statement of Qualifications on the SOQ Due Date at 2:30 p.m. EST at 100 West Anderson Street, Orlando, Florida. If required, at the 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. SOQ’s not meeting the requirements may be rejected.

https://oucfl.sharepoint.com/:b:/r/sites/shareouc2/procuretopay/Shared%20Documents/Linked%20Procedures%20and%20Artifacts/Exceptions%20Form_v.1_160708.pdf

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.

3.14 RESPONSE ACCEPTANCE AND REJECTION

To the extent permitted by applicable local, state and federal laws and regulations, OUC reserves both the right to reject any and all Responses, to waive any and all informalities not involving price, time, or changes in the work with the successful Respondent, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Responses. Also, OUC reserves the right to reject a Response, in its sole discretion, if the Commission believes that it would not be in its best interest to make an award to that Respondent.

OUC reserves the right to reject any Response if the evidence submitted by the Respondent, or if the investigation of such Respondent, fails to satisfy OUC that such Respondent is properly qualified to carry out the obligations and to complete the work contemplated therein. All Responses will be rejected if there is reason to believe that collusion exists among Respondents. Responses will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind.

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

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

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

b. Failure to attend a mandatory pre-response meeting and/or any mandatory presentation (if required)

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

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

i. Statement on Public Entity Crimes form

ii. Dispute Disclosure

OUC expects to receive an SOQ response that provides all of the information requested and reflects the capabilities of the submitter. Excessive language or unclear SOQ responses may jeopardize your Firm's chances of being approved for the project

3.15 SELECTION PROCESS

The firm will be selected in accordance with OUC policy, using a qualification-based selection process.

A selection committee comprised of OUC staff will evaluate all Statements of Qualifications (SOQs) based on the criteria set forth herein. OUC, at its sole discretion, may contact the references listed in the SOQ as part of the evaluation process. A short-list will be prepared based on the SOQ.

Upon evaluation of the Responses, the Selection Committee will determine the Respondents having the most responsive and responsible Responses in the best interest of the Commission. Some Respondents may be requested to provide “in-person” presentations to the OUC evaluation team.

After the presentations, a final evaluation will be made.

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

3.16 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 responses at any time.

OUC expects Responses 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, Response Submittal Format & Checklist.

3.17 NEGOTIATION SCHEDULE

Negotiation will take place with the company(s) with the most responsive and responsible Response and/or presentation. Negotiations will entail final contract language, and a price methodology required to perform the work. If negotiations fail with the top ranked Respondent, OUC may negotiate with the company with the next most responsive and responsible Response and/or presentation. If OUC plans to qualify multiple suppliers for Master Service Agreements, OUC may negotiate with multiple companies simultaneously.

This negotiation process may occur prior to OUC Commission approval. Each Bidder acknowledges that OUC shall evaluate all Responses and may initiate clarification discussions or seek additional information from all or some of the Bidders to fully understand any unclear elements of their Response.

A final contract award may be contingent upon OUC Commission and legal approval.

3.18 RESPONSE EVALUATION CRITERIA

OUC shall evaluate the Responses 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

OUC reserves the right to consider historic information and facts, whether gained from the Bidder’s Response, 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 Response. The investigation also serves to establish the Bidders’, subcontractors’, and other related entities’ responsibility, qualifications, and financial ability to fulfill the Response 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 Response’s evaluation.

3.19 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 Responses, reissue the solicitation packet, or re-award the contract.

3.20 FREIGHT

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 response based on delivery to OUC’s Free On Board (FOB) carrier at the designated OUC facility or location. The alternate response must include the:

1. Carrier name

2. Insurance coverage

3. Firm price freight quote

The Bidder must include any alternate response 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

3.21 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 response price schedule. When submitting a Response 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 Response 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 Response is rejected.

3.22 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 Response.

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

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

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

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

3.23 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.

3.24 AWARD

OUC reserves the right to accept or reject any or all of the Statement of Qualifications, with or without cause, or to accept the Statements of Qualifications which, in its sole judgment, best serves the interest of the Commission. OUC reserves the right to award a single or multiple contracts for all response items, or to award separate contracts for single response 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 responses, and the resulting contract. An award may be made to the most responsive and responsible organization whose response is determined to be the most advantageous to OUC. All decisions related to this solicitation by the Selection Committee and Commission will be final. OUC’s rights include the ability to:

1. Reject any or all responses or parts thereof

2. Issue subsequent solicitations

3. Cancel the entire solicitation

4. Remedy technical errors on the solicitation

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

6. Waive informalities and irregularities in responses

3.25 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 response whether this item has been included in their response price and the amount of the applicable tax, permit, or license in question.

3.25.1 Licenses

The Firm must be properly certified by the Florida Secretary of State to do business in Florida.

Provide a copy of certification for proper incorporation from the Florida Secretary of State.

State if company is a corporation, joint venture, or partnership.

The Firm must be properly licensed at the time of submission. Provide copy of current Florida professional license.

3.26 ERROR AND OMISSIONS

Bidders or their authorized representatives are expected to be fully informed as to the conditions, requirements and specifications before submitting responses; 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 response, the unit price shall govern.

3.27 RESPONSE SUBMITTAL FORMAT

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

3.27.1 OUC Policies and Procedures for Bidders

The Bidder shall read OUC’s policies and procedures before submitting this Response:

1. Contractor Security Policy

2. Bid Protest Procedure

3. Contractor Orientation for Stanton Energy Center

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.

3.28 SIGNATURES

By submitting this response 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 response/bid response as principal or principals are named in this Response.

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

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

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/

Bidders shall prepare Responses in accordance with the Instructions to Bidder’s document. Failure to submit the necessary forms may cause a rejection of the response. 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.

4 STATEMENT OF QUALIFICATIONS 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 response 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 SOQ.

Statement of Qualifications (checked if applicable)

Compliance Forms & Required Documents To Be Provided With Firm’s Submittal

Exceptions

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

Dispute Disclosure

Addenda

Firm’s Division of Corporation’s Annual Report (https://search.sunbiz.org/Inquiry/CorporationSearch/ByFeiNumber)

2026 Form W-9

Completed copy of Attachment F

Completed copy of Attachment G http://www.ouc.com/docs/procurement/proc_exceptions_form.pdf?sfvrsn=2 http://www.ouc.com/docs/procurement/proc_public_entity_crimes_form.pdf?sfvrsn=2 http://www.ouc.com/docs/procurement/proc_public_entity_crimes_form.pdf?sfvrsn=2 http://www.ouc.com/docs/procurement/proc_dispute_disclosure_form.pdf?sfvrsn=2 https://www.ouc.com/wp-content/uploads/2025/11/Addendum.pdf

5 ATTACHMENTS

Detailed Scope of Work & Requirements

Drawings

Attachment D: General Terms and Conditions

Attachment E: Special Conditions

Attachment F: Qualification Fill-In Forms

Attachment G: Pricing

DETAILED SCOPE OF WORK & REQUIREMENTS

Orlando Utilities Commission’s (OUC) District Cooling Department is currently seeking to pre-qualify one or more firms capable of providing professional Design Build services, which includes but is not limited to:

1. New chilled water production plants

2. Expansion, rehabilitation, or replacement of existing chilled water plants or chilled water distribution systems

3. New chilled water transmission and distribution pipelines

4. Improvements to existing facilities, energy transfer stations, Supervisory Control and

Data Acquisition (SCADA) automation, instrumentation, and controls

5. Construction of new district pipelines as well as improvements to existing distribution systems including appurtenances required for the adequate distribution of service to customers

6. Thermal energy storage tanks

7. Mechanical, electrical, structural, civil, and process improvements

8. Heat exchangers or heat exchanger facilities

9. Pumping stations

10. Filtration systems

11. Metering systems

12. Automation controls

13. Metering equipment

14. Other associated site work, utilities, and appurtenances to any District Cooling infrastructure, equipment or systems as deemed necessary by OUC.

Services under individual projects may include, but is not limited to:

1. Preliminary and final engineering

2. Procurement of equipment and materials, improvements and repairs of primary and secondary distribution systems

3. Condition assessments

4. Feasibility studies, schematic/conceptual design

5. Hydraulic modeling and analysis

6. Cost estimating

7. Value engineering

8. Detailed design

9. Permitting

10. Regulatory coordination

11. Performance testing

12. Operator training

13. Record documents

14. Warranty services

15. Construction management

16. General construction

17. Start-up and commissioning of District Cooling facilities and systems.

OUC reserves the right to negotiate each project independently with any firm under contract with OUC as a result of this solicitation. Following the execution of the Continuing Master Services Agreement, OUC may issue one or more Project Agreements, Work Orders, Task Orders, or Purchase Orders to one or more firms awarded a Master Agreement. If for any reason negotiations for a specific project fail, OUC reserves the right to begin negotiations with alternate firms that were awarded under this solicitation. For each project, OUC may provide a Project Description, Design Criteria Package, Design Criteria Documents, Basis of Design, Performance Specifications, Conceptual Design, Preliminary Engineering, or other project-specific technical requirements, as determined appropriate for the individual project. OUC reserves the right to pursue other means of project delivery if mutually acceptable terms and conditions and/or other pricing cannot be successfully negotiated. OUC also reserves the right to not award to a specific firm if deemed in the best interest of OUC. A decision not to award a project specific contract under this solicitation shall not preclude OUC from pursuing projects by other means of project delivery. The Design-Build Firm shall review the project specific requirements and prepare its technical approach, project schedule, and price proposal, including, when requested by OUC, a Guaranteed Maximum Price (GMP), Lump Sum Price, Unit Price Proposal, or other pricing methodology identified in the project-specific solicitation.

Following acceptance of the project-specific proposal and execution of the applicable Project Agreement, Work Order, Task Order, Purchase Order or other project authorization, the Design- Build Firm shall complete the final engineering and design, obtain required permits and approvals, procure equipment and materials, perform construction, testing, startup, commissioning, training, and warranty services, and furnish all labor, supervision, equipment, materials, and incidentals necessary to deliver a complete and operational project in accordance with the project-specific requirements.

OUC reserves the right to issue project-specific solicitations to one or more firms awarded a Continuing Master Services Agreement and may evaluate technical approach, project team, schedule, past performance, available resources, innovation, life-cycle cost, price, and other evaluation criteria identified in the project-specific solicitation when determining project award.

OUC intends to maintain the responses and performance data for District Cooling projects and similar work from firms which cooperate with OUC by updating their qualifications annually.

This could include a firm's performance throughout the term of the Master Services Agreement.

Past performance, technical capability, responsiveness, safety record, available resources, workload, pricing, and successful completion of previous assignments may be considered when determining which firm will receive future project-specific solicitations or awards under the Master Services Agreement. For subsequent projects, OUC may use the data to re-rank each firm based on the specific requirements of the projects and award contracts based on the new rankings.