Okaloosa County BOCC — November 5, 2013 — reading text

ACCEPTABLE. Note: Crestview, Florida is “not a next day guaranteed delivery location” by delivery services. NO PROPOSAL INFORMATION: If not submitting a proposal, respond by returning this proposal, marking it “NO PROPOSAL” and explain the reason. Repeated failure to quote without sufficient justification shall be cause for removal of the supplier’s name from the proposal mailing list. Note: To qualify as a respondent, proposer must submit a “No Bid” and it must be received no later than the stated proposal opening date and hour. QUESTIONS & ADDENDA: Proposers shall examine all RFP documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the RFP shall be directed to Richard Brannon, Okaloosa County Purchasing Department, 850-689-5960. Any changes by the County to specifications shall be in writing in the form of an addendum and furnished to all proposers. The County shall not be held responsible for oral interpretations given by any County employee, representative or agent. PROPOSAL EXPENSES: All expenses for making proposals to the County shall be borne by the Proposer. PUBLIC DISCLOSURE: Proposals are subject to Public Records inspection thirty (30) days after the proposal opening or if an award is made earlier than this time as provided by Section 119.071(1)(b), F.S. No review of the proposal documents shall be conducted at the public opening of the proposals. The County will make public at the opening, the names of the business entities that submitted a proposal and any amount presented without any verification of the mathematics or completion of the proposal. ERRORS OR OMISSIONS: Once a proposal is submitted, the County shall not accept any request by a proposer to correct errors or omissions in the proposal. RIGHT TO WAIVE AND REJECT: A. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. B. There is no obligation on the part of the County to award the proposal to the lowest proposer, and the County reserves the right to award the proposal to proposer submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa county, and to reject any and all proposals or to waive any irregularity or technicality in proposals received. Okaloosa County shall be the sole judge of the proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final. C. The Board reserves the right to waive any informalities or reject any and all proposals, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this Page 3 Packet Pg. 657  proposal and to accept the proposal that in its judgment will best serve the interest of the County. D. The Board specifically reserves the right to reject any conditional proposal and will normally reject those which made it impossible to determine the true amount of the proposal. DISQUALIFICATION OF PROPOSERS: Any of the following reasons may be considered as sufficient for the disqualification of a proposer and the rejection of its proposal(s): A. More than one proposal for the same work from an individual, firm or corporation under the same or different name. B. Evidence that the proposer has a financial interest in the firm of another proposer for the same work. C. Evidence of collusion among proposers. Participants in such collusion will receive no recognition as proposers for any future work of the County until such time the participant has been reinstated as a qualified proposer. D. Uncompleted work which in the judgment of the County might hinder or prevent the prompt completion of additional work if awarded. E. Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement of proposals. F. Default under previous contract. G. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. LOCAL PREFERENCE: Okaloosa County reserves the right to grant a preference to in- county proposers only when proposals are received from firms located in states, counties, municipalities or other political subdivisions which offer preference to proposers located in such jurisdictions. The amount of preference given to local proposers will be the same as that given by the state, county, municipality or other political subdivisions in which a proposer is located. If the jurisdiction in which a proposer is located offers a preference to its local firms, that proposer must plainly state the extent of such preference to include the amount and type of preference offered. Any proposer failing to indicate such preference will be removed from the County proposal list and any and all proposals from that firm will be rejected. Note: The certification form is enclosed and is made a part of the proposal package. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and Page 4 Packet Pg. 658 may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. PROTECTION OF RESIDENT WORKERS: The Board actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States, (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U. S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification. The contractor shall establish appropriate procedures and controls so no services or products under the contract documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Okaloosa County reserves the right to request documentation showing compliance with the requirement. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a contract to provide goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. CONFLICT OF INTEREST DISCLOSURE FORM: The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All proposers must disclose with their proposals the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its agencies. Additionally, all proposers must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. Furthermore, the official, prior to or at the time of submission of the proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County, if he/she is an officer or employee of the County, disclosing his/her or spouse’s or child’s interest and the nature of the intended business. Note: The certification form is enclosed and is made a part of the proposal package. IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals which are equal with respect to price, quality and service are received by the County for the procurement of commodities or contractual services, a proposal 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 proposals will be followed if none of the tied vendors have a drug-free workplace program. Note: The certification form is enclosed and is made a part of the proposal package. SECURITY FOR FAITHFUL PERFORMANCE 1. Simultaneously with its delivery of the executed contract, the successful proposer shall deliver to the Board, an executed performance-payment bond in the amount of $50,000 as security for faithful performance of the contract and for payment of all persons Page 5 Packet Pg. 659  performing labor or furnishing materials in connection therewith, prepared on the form provided by the surety company. Performance-Payment Bond shall be issued by one and only one, Surety Company licensed to do business in the State of Florida and listed by the United States Treasury Department in the current department circular 570 and titled “Surety Companies Acceptable on Federal Bonds”. Note: A Cashier’s Check or Certified Check in the amount of $50,000 will be accepted in lieu of a Surety Bond. 2. If within ten (10) days after the acceptance of the proposal, the successful proposer shall refuse or neglect to execute the contract and to furnish the required performance- payment bond properly signed by the proposer and the surety or sureties satisfactory to the owner, the proposer shall be deemed to be in default and the owner will retain his proposal security as liquidated damages, but not as a penalty. The owner reserves the option to accept the proposal of any of the other proposers within ten (10) days from such default, in which case such acceptance shall have the same effect as to such