SPECIFICATIONS_FOR_UPGRADE_TO_SUPERVISORY_CONTROL_AND_DATA_ACQUISITION_SCADA_SYSTEM.pdf

CALL FOR BIDS

Florida Keys Electric Cooperative Association, Inc. (FKEC), hereby gives notice to prospective bidders that proposals will be received by FKEC, at the Procurement Department, procurement@fkec.com until 2:00 p.m. on February 5, 2025 for:

FKEC BID #25-03

SPECIFICATIONS FOR UPGRADE TO SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM

In order to ensure an open and full competitive bidding process and maintain compliance with FEMA’s Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules), FKEC has instituted VendorLink and DemandStar systems to provide current information to potential bidders.

These systems will allow you to receive bid information quickly and at your convenience 24 hours a day, seven days a week. Specifications may be obtained from their websites at www.myVendorlink.com or www.DemandStar.com. Registered vendors will be notified automatically of all Requests for Proposals.

Anticipated Solicitation Schedule

January 22, 2025 Call for Bid

January 31, 2025 Questions Due

February 5, 2025 Bids Due

February 17, 2025 Intent to Award

December 31, 2025 Completion Date

NOTE: The above anticipated solicitation schedule is subject to change. FKEC will entertain questions for clarification until January 31, 2025 at 2:00 pm. All questions must be submitted in writing by email to procurement@fkec.com, or via the VendorLink website. No questions will be answered after that date.

Each proposal should constitute an offer to FKEC, as outlined therein, and should be irrevocable after the time announced for the opening thereof.

/s/ Ray Rhash

Ray Rhash

Procurement, Warehouse, & Building Manager mailto:procurement@fkec.com http://www.demandstar.com/taf/agencycp.taf?_function=list&A=335 mailto:procurement@fkec.com

FKEC General Information

Florida Keys Electric Cooperative (FKEC) is the private, not-for-profit power utility for the Upper and Middle Florida Keys. Headquartered in Tavernier, Florida, FKEC provides electricity from the Seven-Mile Bridge to Ocean Reef and the Monroe County Line, and services more than 33,000 meters. FKEC presently has an authorized workforce headcount of 119, with an actual headcount of 115. FKEC recognizes the Union as the exclusive collective bargaining agent for all employees of FKEC working in the Union classified positions. Employees are divided between two work locations: Tavernier and Marathon, and among nine departments: Executive, Finance, Human Resources, Safety, Engineering, Information Technology, Transmission, Distribution, and Member Services.

The Cooperative was formed as a corporation in the state of Florida in 1940, and in 1944 was recognized by the Internal Revenue Service as being federal income exempt tax under section 101(10) of the Revenue Act of 1939 (now section 501 (c) (12) of the Internal Revenue Code). FKEC currently imports all of its power supply and uses local generation for emergency back-up only. The utility relies on power from the mainland because it is far less expensive than local generation.

Today, FKEC maintains a highly respected position within its local community, and within the National Rural Electric Cooperative Association, for its dedication to reliable electric service and forward thinking initiatives.

FKEC and its representatives have exercised due care in preparing this Request for Proposal (solicitation). All information contained herein is believed to be substantially correct. However, bidders should verify information independently if desired. FKEC and its representatives do not warrant the accuracy of information contained herein.

Scope of Services

1.0 SCOPE OF SERVICES:

1.1 Florida Keys Electric Cooperative (FKEC) is seeking a contractor to perform a turn-key project to update its current Supervisory Control and Data Acquisition (SCADA) system at our Tavernier Florida facility located at 91630 Overseas Highway, Tavernier, FL. This project includes all design, engineering, programming, mapping, material procurement, labor, project management, software, licensing and full system testing/commissioning and implementation to transition from existing FKEC SCADA system to any new hardware and software.

1.2 Bidders shall submit a Not to Exceed (NTE) amount to complete the upgrade and a work plan with an estimated work schedule which will include, but is not limited to the following:

1.2.1 A complete upgrade of the FKEC SCADA system including all hardware and software needed for the upgrade completion including full transition, implementation testing and training of SCADA Operators and Design Technicians. Sixteen hours of total onsite SCADA Operator training and SCADA Designer training must be included onsite and at the implementation period. All bids shall include 1-year of 24/7 remote support and regular maintenance (firmware updates, security patches and testing, troubleshooting issues, etc.) to ensure the SCADA system remains fully functional for the first year after the transition and “go-live” date to the new system. FKEC has a SCADA operational technician to create new displays, add, subtract, or modify points and normal operational functions, after the new system is 100% complete and in-service. All support and maintenance packages requested are for tasks beyond typical operational capabilities. Separately from and in addition to the NTE amount but necessary to include in all bids are:

1.2.1.2 A cost per year for 24/7 support and maintenance, which will only be from internal employees of the manufacturer and not a subcontractor, annually, for four additional years beyond the first year which is included in the NTE cost.

1.2.1.3 A cost estimate of all anticipated upgrades and costs to maintain full functionality and security, on an annual basis, for four additional years beyond the first year and separate from the 24/7 support listed in section 1.2.1.2.

1.2.2 All current SCADA Databases are to seamlessly be integrated by the contractor, with the new system upgrade as well as integration with MultiSpeak, which is used by FKEC’s Outage Management System (OMS).

1.2.3 The SCADA upgrade is to include redundancy including its current “hot standby” system that is ready to automatically (including manual override) swap over to maintain full control of FKEC’s electrical system in an event of the primary system being unavailable. This includes full functionality of communications via Fiber, Cellular, 900mHz radio, and Distributed Network Protocol version 3 (DNP3).

2.0 EXISTING SCADA SYSTEM:

2.1 FKEC has 6 Distribution Substations throughout the Upper and Middle Florida Keys, 4 generators totaling 7.5MW at a plant in Marathon, along with Distribution regulator banks, reclosers, capacitor banks, trip savers and an AMI system.

FKEC SCADA currently ties with and will need to maintain operability with multiple other information systems such as AMI metering from Verizon Gridwide, OMS currently by Milsoft and a future OMS by NISC.

2.2 Work is expected to occur offsite as much as possible to prepare for minimal onsite effects of setup and implementation. All onsite work will occur at FKEC’s Headquarters located at 91630 Overseas Highway Tavernier, FL 33070 location.

2.3 FKEC currently utilizes four Operator workstation consoles on a server in the primary control room and a fully redundant server with one Operator workstation console in the backup control center. The two control centers are connected via multiple fiberoptic links.

2.4 Total number of “field stations” capable in database: 400

2.5 Total number of each type of point per station capability: AI 400 BI 400 BO 200

3.0 PROJECT UNDERSTANDING:

3.1 No hardware upgrades will be needed in the field to support this SCADA upgrade. All field devices are capable of DNP3 protocol.

3.2 Linux is the preferred platform for the new SCADA system. Other platforms will be considered but the type in each bid must be specified.

3.3 FKEC has one existing printer that will need to be connected to the proposed SCADA system in the main control room and one additional existing printer that will need to be connected in the backup control room.

3.4 FKEC reserves the right to temporarily stop the implementation of the new SCADA system to allow time for investigation, troubleshooting and planning modifications of the implementation plan if reliability events happen during the SCADA transition at no additional cost to FKEC.

3.5 FKEC reserves the right to temporarily postpone the implementation of the new SCADA system for any significant storm that is projected towards or develops in our area during Hurricane Season (June 1-November 30).

3.6 FKEC will provide an exact list of all points, naming, function, graphic display pages (including all symbols and icons) and stations to the winning bidder. The contractor is expected to integrate this information and displays into the new system as part of this bid. Contractors will provide all initial SCADA pages and layouts matching the existing layouts. Modifications to any layouts in design must be approved by FKEC.

3.7 The winning bidder must supply FKEC a final implementation and testing plan for review and approval before the installation and transition can begin onsite. A preliminary plan should be provided in every bid.

4.0 NEW SCADA SYSTEM DESIRED FEATURES (PROJECT DELIVERABLES):

4.1 Two onsite SCADA Master Servers, one for each control room, with the backup server on hot-standby.

4.1.1 Five total operator workstations shall be provided. Each workstation must include a full alphanumeric keyboard with a minimum of 12 special function keys and a separate numeric key set and a three-button (left, right, wheel) mouse. Each workstation will keep the existing two LED flat-panel monitors per operator workstation that FKEC currently uses. HDMI connection to the existing monitors is preferred.

4.2 An isolatable secure VPN tunnel connection between the new SCADA system and the internet shall be included in the architecture of the system to allow for remote support to conduct monthly diagnostic services, quarterly security patching, troubleshooting, and checking system health only as coordinated with FKEC. FKEC will supply the internet service, which is currently at 768 kbps-download.

4.3 Virtual/remote demonstrations up to one hour in length will be entertained for the bid review committee technical specialists to gain understanding of any proposed SCADA systems but only until the bid close date.

4.4 List all user login security levels and features allowed in each level to ensure users don’t cause inadvertent issues.

4.5 FKEC’s existing flat screen displays are expected to be reused at each control center. The only ports available on the existing displays are VGA, HDMI, and Display Port. HDMI is preferred.

4.6 Contractor shall provide an in-house customer service/support department for all equipment supplied with the proposed SCADA system. A secure online portal for submitting, viewing and managing customer support requests must be provided.

4.7 Cloud based servers/workstation will not be considered. Hardware must be on premises.

4.8 Firewall between SCADA and IT LAN does not need to be included in this bid.

5.0 INFORMATION REQUIRED IN ALL BID SUBMITTALS:

• Cost breakdown (ATTACHMENT A-1) showing at least the following:

o Section 1: NTE Cost Breakdown, Line item for each:

▪ The total cost of all hardware/software/licensing,

▪ All labor for design/programming/setup/commissioning/training/etc.,

▪ First year of support and maintenance,

▪ Any additional costs included in the NTE price, o Section 2: Ongoing Costs, Line item each:

▪ The annual support and maintenance costs for each year two – five.

o Section 3: Payment schedule showing amounts to be paid at each milestone:

▪ (ATTACHMENT A-2)

• List all relevant experience of each proposed staff member that will contribute to this project with similar project implementations within the last 10 years. Also include reference contacts for those projects.

• Provide a work schedule starting at date of bid award until completion of implementation on “go-live” date. Also provide a work plan specifying the details of each step and coordinate it with the project schedule. FKEC prefers to begin the process of ordering hardware, performing factory programming and set up upon bid award and changing over to the new system by the end of August 2025, if possible. FKEC will need periodic updates planned into the schedule at key points in the schedule.

• Provide drawings showing a system map of SCADA devices and how they interconnect with all devices and connections along with any details, like specifications on all hardware and software, that would assist the bid review committee understand the functionality of the proposed system.

• List all documentation that will be provided for the proposed SCADA system upon completion (As-Builts) and if it will be submitted to FKEC electronically, hard copy, or both.

• Describe the support services offered, if any, directly by the manufacturer to prevent cybersecurity attacks and assistance provided during a cybersecurity event to the proposed SCADA system. Specify if the services are included in the NTE amount or specify add-on cost, if not included.

• Describe the inherently secure features, additional security protocols used, intrusion detection/prevention, scanning, logging, monitoring of abnormal conditions, addresses or logins, vulnerability scanning, notifications sent as a result of the monitoring or scanning detecting an abnormality, login failure attempts, etc. of the proposed system.

• Please list the specific security checks (for example: which IP addresses are active, which ports are open, etc.) that will occur during commissioning and implementation of the proposed SCADA system.

• Provide details of what is included in the support and maintenance package. Specify what is not included but might be needed.

• ALL bids must include EXHIBIT B Excel Spreadsheet “FKEC SCADA 2025 Feature Details” to be filled out (printed and scanned or within MS Excel). No Macros are allowed in the Excel file. If Macros are added to submittals, they will be discarded and excluded from consideration.

5.1 ALSO REQUIRED IN ALL BID SUBMITTALS: PLEASE INCLUDE YOUR ALL INFORMATION SECURITY POLICY:

The third party shall maintain information security policy defining its responsibilities approach to information security. The third party shall agree to provide FKEC with copies of their security policies on request. All security policies must be communicated to all staff responsible for handling FKEC’s Information.

The third party shall not process or otherwise make use of FKEC’s information or access the FKEC’s systems for any purpose other than that, which is directly required for the supply of the agreed contract. The third party shall only perform the agreed upon services and shall not dispose of any FKEC information without the authorization of FKEC.

The third party shall establish and maintain safeguards against the accidental, deliberate, or unauthorized disclosure of FKEC’s data. The third party shall also protect FKEC’s data from access, manipulation, alteration, destruction, corruption of, damage, loss or misuse of FKEC’s information.

The third party shall have a system-enforced password and user account policy that meets or exceeds a minimum 14 characters, must contain uppercase, lowercase, numeric and special characters for any workstation with access to FKEC data. The third party shall have a procedure that auto locks any workstation with access to FKEC data within 15 minutes of nonuse. The third party shall not share any credentials issued to them with other third parties.

The third party shall conduct annual security reviews of subcontractors where those subcontractors have access to FKEC’s information or be able to demonstrate supplier has appropriate security controls and processes in place and maintain detailed audits.

The third party shall ensure that any media used to record, store or process FKEC information as part of the services, including hard copies of documents, laptops, portable storage devices and magnetic media are securely handled, transported, and encrypted and that their use is authorized.

The third party shall maintain a security incident response procedure. The third party shall notify FKEC immediately in the event of data loss or data breach detailing severity of the exposure. The third party shall conduct a security incident report and provide it to FKEC as part of an incident management process.

All incidents must be reported to itdept@fkec.com

Please provide answers to the following questions:

1.) Please explain the cybersecurity controls your company has implemented 2.) Please explain your companies background check policy for employes who would access FKEC’s critical assets or sensitive areas 3.) Does a third-party vendor perform penetration tests on a regular basis and how frequently?

4.) Do you regularly check for publicly disclosed security vulnerabilities?

5.) How and where do you store your sensitive digital information? If a third party is storing it, please disclose the vendor’s name and data management process.

6.) Describe the training that employees in your organization receive regarding data privacy and security measures.

7.) Do you have control procedures in place to limit the access (of employees, contractors, third parties, and other company agents) to your data on a need-to-access basis?

mailto:itdept@fkec.com

6.0 FKEC will Provide:

• Space at Tavernier control centers to ship, store, assemble and test proposed SCADA system.

• Extract all needed data from existing SCADA system to provide to winning bidder.

• Assistance with site access, network topography, current mapping of all points.

• Field assistance with final testing during implementation.

• Assistance with Factory Acceptance Testing onsite at FKEC in Tavernier, FL.

Required Information in Submittal

1. Title Page. Show the name of Respondent’s firm, address, telephone number, name of contact person, date and the subject: Request for Proposals for UPGRADE TO SUPERVISORY CONTROL

AND DATA ACQUISITION (SCADA) SYSTEM.

2. Table of Contents. Include a clear identification of the material by selection and by page number.

3. Cover Letter/Executive Summary/Firm Overview. This letter must be signed by an individual who is authorized to negotiate terms, render binding decisions and commit the firm’s resources (e.g., the president or executive director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship). The letter must indicate the legal status of the Contractor (sole proprietorship, corporation, etc.) and the year the entity was organized to do business as the entity now substantially exists. Provide a brief history and description of your firm’s business organization and experience as it relates to the requirements discussed previously. Include the location of offices and the number and types of contractors or other relevant professional staff in each office. Include a discussion of the specific expertise and services that distinguish your firm.

4. References. The Contractor shall provide at least three references for whom the Contractor has provided services similar to those requested under this Call for Bids within the past five years.

The references shall include names, addresses, and telephone numbers of the clients for whom prior work was performed and include an explanation of the services provided.

5. Proposed Work Plan. Include all project requirements and the proposed tasks, services, activities, etc. necessary to accomplish the scope of the project defined in this solicitation. This section of the proposal shall contain sufficient detail to convey to members of the evaluation team the Contractor’s knowledge of the subjects and skills necessary to successfully complete the project. Include any required involvement of FKEC staff. The Contractor may also present any creative approaches that might be appropriate and may provide any pertinent supporting documentation. The description should include the staffing required and an estimated number of hours required to complete the scope of work.

6. Project Schedule. Include a project schedule indicating when the elements of the work will be completed and when deliverables will be provided. The schedule shall include an opportunity for review of draft documents, if necessary. The schedule should identify expectations of FKEC staff necessary to meet this deadline. FKEC will not be financially responsible for delays prior to the submitted schedule nor delays past the provided schedule completion date.

7. Deliverables. Fully describe deliverables to be submitted under the proposed contract.

8. Cost Proposal. The cost proposal shall identify all costs including expenses to be charged for performing the services necessary to accomplish the objectives of the contract. Submit a fully detailed budget including staff costs and any expenses necessary to accomplish the tasks and to produce the deliverables under the contract, using Attachment A-1 and A-2. Include a copy of the firm’s Travel Policy. The evaluation process is designed to award this contract not necessarily to the Contractor of least cost, but rather to the Contractor whose proposal best meets the requirements of this solicitation.

9. Personnel. Provide the names, proposed roles, background and experience, current professional licenses, office location and availability of the personnel that would perform contracting services and specifically identify the primary person(s) who will be responsible for managing the relationship with FKEC.

10.EXHIBIT B. ALL bids must include EXHIBIT B Excel Spreadsheet “FKEC SCADA 2025 Feature Details” to be filled out (printed and scanned or within MS Excel). No Macros are allowed in the Excel file. If Macros are added to submittals, they will be discarded and excluded from consideration.

Required Forms with Submittal

1. Bid Guarantee Bond. There must be a bid bond on the part of the contractor for five percent (5%) of the “not to exceed” bid price.

2. Certification Regarding Debarment, Suspension and Other Responsibility Matters. The Respondent should execute the form found in Attachment B to this solicitation.

3. Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements.

The Respondent should execute the form found in Attachment C to this solicitation.

4. Bidder’s Statement, included as Attachment D to this solicitation.

5. Drug-Free Workplace Statement, included as Attachment E to this solicitation.

6. Sworn Statement Pursuant to Section 287.133(3)(A), Florida Statutes, on Public Entity Crimes – Attachment F.

Addenda and Supplemental Information

Any and all addenda to the solicitation will be provided to all Proposers who received the initial solicitation and provided contact information to FKEC, should it become necessary for FKEC to make revisions, request additional information, or respond to written inquiries relating to the solicitation. It is the responsibility of potential proposers to timely submit contact information to facilitate receipt of addenda and supplemental information requests, if issued. Respondents are urged to visit the site/sites where the work will be performed before submitting a proposal to conduct due diligence. If a site visit is not contemplated in the anticipated solicitation schedule, the Respondent may request to schedule site visits via email to procurement@fkec.com.

Any respondent submitting a proposal in response to this solicitation will be deemed to have performed its due diligence on the work requested, including that respondent has received, read, and understood any addenda to the solicitation.

Review of Proposal

FKEC’s designated selection committee will review responses to the solicitation. Selections will be based on completeness of proposals and on which proposals best meet the requirements of this solicitation. FKEC reserves the right to reject any or all proposals, to waive irregularities and informalities in any or all proposals, and to separately accept or reject any item, items, bid schedule or bid schedules of the proposal which FKEC deems to be in the best interest of FKEC. FKEC reserves its right to award the contract to other than the lowest priced offeror.

Evaluation Criteria

A Selection Committee appointed by FKEC will evaluate and rank each Proposal per the evaluation criteria listed below. Proposals will be evaluated on the basis of the following criteria:

Technical Specifications of Proposed System 35

Implementation Work Plan and Schedule 20

Cost Proposal (Including initial and 5-year projections) 35

Relevant similar projects (Project Team & References) 10

TOTAL 100

Resulting Contract

If a contract is awarded, the selected bidder will be notified of by issuance of a form substantially similar to Attachment G. Bidders will comply with all applicable Federal laws, regulations, executive orders, and FEMA requirements. Bidders should be advised that the selected bidder must execute a Firm Fixed Price agreement with FKEC. The resulting contract must include the contract provisions required by 2 C.F.R. § 200.327 and FEMA guidance. For more information on these provisions visit https://www.fema.gov/media-library-data/1569959119092-

92358d63e00d17639d5db4de015184c9/PDAT_ContractProvisionsTemplate_9-30-19.pdf.

While FKEC anticipates awarding one contract, FKEC reserves the right to award contracts to more than one respondent if it is in the best interests of FKEC. Nonetheless, the issuance of this solicitation does not obligate FKEC to award a contract. FKEC reserves the right, and has absolute and sole discretion, to cancel this solicitation at any time prior to execution of a contract.

Subcontracting

If Contractor intends to subcontract any portion of the work under the awarded contract, Contractor must take all necessary affirmative steps to assure that small and minority businesses, women’s https://www.fema.gov/media-library-data/1569959119092-92358d63e00d17639d5db4de015184c9/PDAT_ContractProvisionsTemplate_9-30-19.pdf https://www.fema.gov/media-library-data/1569959119092-92358d63e00d17639d5db4de015184c9/PDAT_ContractProvisionsTemplate_9-30-19.pdf business enterprises, and labor surplus area firms1 are solicited and used when possible. Affirmative steps must include:

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

Miscellaneous

Any costs incurred by Respondents in responding to this solicitation are the sole responsibility of the Respondent. FKEC assumes no responsibility for any such costs incurred by the Respondent. The Respondent also agrees that FKEC bears no responsibility for any costs associated with any administrative or judicial proceedings resulting from the solicitation process.

All materials submitted in response to this solicitation become the property of FKEC. FKEC has the right to use any or all ideas presented in any response to this solicitation, whether amended or not, and selection or rejection of a proposal does not affect this right. No variances to this provision shall be accepted.

1 A list of labor surplus areas is available on the U.S. Department of Labor’s website at https://www.doleta.gov/programs/lsa.cfm.

ATTACHMENT A-1 BID FORM

FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC.

FKEC BID #25-03

SPECIFICATIONS FOR UPGRADE TO SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM

The undersigned proposes to provide labor, tools, supervision, equipment, and services required for the proper completion of: FKEC BID # 25-03 UPGRADE TO SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM cost proposed contract price of:

Section 1 NTE Cost Breakdown

Total cost of all hardware/software licensing $

All labor for design/programming/setup/commissioning/training/etc. $

First year of support and maintenance $

Any additional costs included in the NTE price $

Section 2 Ongoing Costs, Line Item Each:

Annual support and maintenance Year Two $

Annual support and maintenance Year Three $

Annual support and maintenance Year Four $

Annual support and maintenance Year Five $

Total Contract “Base Not to Exceed” (Required): $ _______________________

ATTEST:

Address

By_________________________________ By_______________________________

President (signature) Secretary (signature)

President (print name) Secretary (print name)

Dated_____________________________ Dated_____________________________

The Proposal must be signed with the full name of the Bidder. If the Bidder is a partnership, the Proposal must be signed in the partnership name by a partner. If the Bidder is a corporation, the Proposal must be signed in the corporate name by a duly authorized officer and the corporate seal affixed and attested by the Secretary of the Corporation.

ATTACHMENT A-2 BID FORM

Section 3 Payment Schedule Showing Amounts to be Paid at each Milestone:

Milestone No. Milestone Description Amount to be Paid

ATTACHMENT B

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the CONTRACTOR (referred to herein as the “prospective lower tier participant”) is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-Procurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER

TIER COVERED TRANSACTIONS

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

CONTRACTOR Company Name RFP Number

Name

Title

Signature Date

ATTACHMENT C

CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

INSTRUCTIONS FOR CERTIFICATION

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

CONTRACTOR certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, CONTRACTOR understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

CONTRACTOR Name

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official Date

ATTACHMENT D

BIDDER’S STATEMENT

In consideration of this contract, if awarded, the Vendor agrees without reservation to FKEC’s Terms & Conditions

(Exhibit A), Indemnification Clause, and insurance clause herein. Which will become a part of the contract, the signing of this statement confirms the Vendor’s acceptance.

DATE:

FIRM NAME: EMAIL: _______________________

SUBMITTED BY:

Print Name & Title

SIGNATURE:

WITNESS:

NOTICE: THIS SIGNATURE PERTAINS TO THE ACKNOWLEDGEMENT AND ACCEPTANCE OF THE ENTIRE TERMS &

CONDITIONS. ANY EXCEPTIONS TO THIS AGREEMENT SHOULD BE NOTED SEPARATELY.

FAILURE TO COMPLETE ABOVE NOTED DOCUMENT WILL RESULT IN NON-COMPLIANCE WITH THESE

SPECIFICATIONS.

ATTACHMENT E

DRUG-FREE WORKPLACE STATEMENT

Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

The undersigned vendor in accordance with Florida Statues Section 287.087 hereby certifies that

_________________ ___________________does:

(Name of Business)

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Subsection 1.

4. In the statement specified in Subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

Print Name______________________________

Vendor's Signature________________________

Date: __________________________________

ATTACHMENT F

SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL

AUTHORIZED TO ADMINISTER OATHS.

1. This sworn statement is submitted to Florida Keys Electric Cooperative Association, Inc.

by____________________________________________________________________

(print individual’s name and title) for____________________________________________________________________

(print name of entity submitting sworn statement) whose business address is_________________________________________________ and (if applicable) its Federal Employer Identification Number (FEIN) is _____________

If the entity has no FEIN, include the Social Security Number of the individual signing sworn statement:________________________________________________________

2. I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contender.

4. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

a. A predecessor or successor of a person convicted of a public entity crime; or

b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employee, members, and agents who are active in the management of an affiliate.

The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

5. I understand that a “person’ as defined in Paragraph 287.133(1) (e), Florida Statutes, means:

a. any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity.

b. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies):

_____Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with the convicted of a public entity crime subsequent to July 1, 1989.

_____The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of public entity crime subsequent to July 1, 1989.

_____The entity submitting this sworn statement, or one or more of its officers, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer, determined that is was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order).

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IN PARAGRAPH ONE (1) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDE IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION

CONTAINED IN THIS FORM.

(Signature) (Date)

STATE OF _________________________

COUNTY OF ________________________

PERSONALLY APPEARED BEFORE ME, the undersigned authority, _________________________ who, after first being sworn by me, affixed his/her signature in the space provided above on this ________ day of ____________________ 20_____.

NOTARY PUBLIC

My Commission Expires:

FOR-094 Revised: 3/5/2019

ATTACHMENT G-1

PROPOSAL ACCEPTANCE

Florida Keys Electric Cooperative Association, Inc. (FKEC) hereby accepts the foregoing Proposal of the Bidder, for the performance of the following:

FKEC BID #25-03

SPECIFICATIONS FOR UPGRADE TO SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM

Section 1 NTE Cost Breakdown

Total cost of all hardware/software licensing $

All labor for design/programming/setup/commissioning/training/etc. $

First year of support and maintenance $

Any additional costs included in the NTE price $

Section 2 Ongoing Costs, Line Item Each:

Annual support and maintenance Year Two $

Annual support and maintenance Year Three $

Annual support and maintenance Year Four $

Annual support and maintenance Year Five $

Total Contract “Base Not to Exceed” (Required): $ _______________________

ATTACHMENT G-2 BID FORM

Section 3 Payment Schedule Showing Amounts to be Paid at each Milestone:

Milestone No. Milestone Description Amount to be Paid

Note(s):

Florida Keys Electric Cooperative Association, Inc.

By __________________________________

CEO

Scott Newberry

91630 Overseas Hwy

Tavernier, FL 33070

Date of Contract __________________