Okaloosa County BOCC — April 5, 2016 — Palm Beach Bid 15-063-LC — reading text

company or percent (10%). firm. FAILURE TO SIGN THE BID RESPONSE FORM AT THE INDICATED PLACES SHALL BE CAUSE FOR b. In evaluating bids in excess of one million dollars REJECTION OF THE BID. Bid responses are to be submitted ($1,000,000), where the low bidder is non-responsive to to the Palm Beach County Purchasing Department no later the SBE requirement, the contract shall be awarded to than the time indicated on the solicitation preamble, and must the low bidder responsive to the SBE requirements be submitted in a sealed envelope or container bearing the bid provided that such bid does not exceed the lowest number for proper handling. responsive bid by more than one hundred thousand dollars ($100,000) plus three percent (3%) of the total bid b. CERTIFICATIONS, LICENSES AND PERMITS: Unless in excess of one million dollars ($1,000,000). In the event otherwise directed in sub-paragraph d. (Local Preference) or there are no bidders responsive to the SBE goal, the the Special Conditions of this bid, bidder should include with its contract shall be awarded to the bidder with the greatest bid a copy of all applicable Certificates of Competency issued SBE participation in excess of seven percent (7%) by the State of Florida or the Palm Beach County Construction participation, provided that such bid does not exceed the Industry Licensing Board in the name of the bidder shown on lowest responsive bid by more than one hundred the bid response page. It shall also be the responsibility of the thousand dollars ($100,000) plus three percent (3%) of successful bidder to maintain a current Local Business Tax the total bid in excess of one million dollars ($1,000,000). Receipt (Occupational License) for Palm Beach County and all permits required to complete this contractual service at no Item 4 – Bid Submission Documentation additional cost to Palm Beach County. A Palm Beach County SBE bidders, bidding as prime contractors, are advised that Local Business Tax Receipt (Occupational License) is required they must complete Schedule 1 and Schedule 2, listing the unless specifically exempted by law. In lieu of a Palm Beach work to be performed by their own workforce, as well as the County Local Business Tax Receipt (Occupational License), work to be performed by any SBE subcontractor. Failure to the bidder should include the current Local Business Tax include this information on Schedule 1 will result in the Receipt (Occupational License) issued to the bidder in the participation by the SBE prime bidders own workforce NOT response. It is the responsibility of the successful bidder to being counted towards meeting the SBE goal. This ensure that all required certifications, licenses and permits are requirement applies even if the SBE contractor intends to maintained in force and current throughout the term of the perform 100% of the work with their own workforce. contract. Failure to meet this requirement shall be considered default of contract. Bidders are required to submit with their bid the appropriate SBE-M/WBE schedules in order to be deemed responsive to c. SBE BID DOCUMENT LANGUAGE the SBE requirements. SBE-M/WBE documentation to be submitted is as follows: Item 1 – Policy It is the policy of the Board of County Commissioners of Palm Schedule 1 – List of Proposed SBE and M/WBE Participation Beach County, Florida, that SBE(s) have the maximum This list shall contain the names of the SBE Prime SBE and practical opportunity to participate in the competitive process subcontractors intended to be used in performance of the of supplying goods, services and construction to the County. contract, if awarded. This schedule shall also be used if an To that end, the Board of County Commissioners adopted a SBE prime bidder is utilizing ANY subcontractors. Small Business Ordinance which is codified in Sections 2- 80.21 through 2-80.34 (as amended) of the Palm Beach (Only Job Order Contracting (JOC) contracts and Task County Code, which sets forth the County’s requirements for Authorizations for annual contracts may be excluded from the SBE program, and is incorporated in this solicitation. this requirement.) Compliance with the requirements contained in this section Schedule(s) 2 – Letter(s) of Intent to Perform as an SBE or shall result in a bidder being deemed responsive to SBE M/WBE Subcontractor requirements. The provisions of this Ordinance are applicable to this solicitation, and shall have precedence over the A Schedule 2 shall be completed by the SBE Prime. A Schedule 2 shall be completed and signed by the proposed provisions of this solicitation in the event of a conflict. Although preferences will not be extended to certified SBE subcontractor listed on Schedule 1. SBE Primes and SBE Subcontractors shall specify the type of work to be  Page 5 performed, the cost and / or percentage. If the SBE intends to and payments to date issued to subcontractors. This form is subcontract any portion of the job to another certified SBE, or intended to be utilized on all non-professional services non-SBE, they are required to list the amount and the name of contracts. the subcontractor on this form. The Prime may count toward its SBE goal second and third tiered SBE subcontractors; Schedule 4 – SBE-M/WBE Payment Certification provided that the Prime submits a completed Schedule 2 form A Schedule 4 for each SBE sub shall be completed and signed for each SBE subcontractor. Additional sheets may be used by the proposed SBE after receipt of payment from the Prime. as needed. In lieu of a Schedule 2, a detailed responsive If a SBE subcontractor intends to disburse any funds proposal may be acceptable. associated with this payment to any subcontractor for labor provided on this contract, the amount and name of the Item 5 – SBE Certification subcontractor must be listed on this form. In addition, if the Only those firms certified by Palm Beach County at the time of named subcontractor is a certified SBE, then a Schedule 4 bid submission shall be counted toward the established SBE shall be completed and signed by the named SBE after receipt goals. Upon receipt of a complete application, IT TAKES UP of payment from the SBE subcontractor. When applicable, the TO NINETY (90) DAYS TO BECOME CERTIFIED AS AN Prime shall submit this form with each application submitted to SBE WITH PALM BEACH COUNTY. It is the responsibility of the County for payment to document payment issued to a sub the bidder to confirm the certification of any proposed SBE; in the performance of the contract. therefore, it is recommended that bidders visit the on-line Vendor Directory at www.pbcgov.org/osba to verify SBE All bidders hereby assure that they will meet the SBE certification. participation percentages submitted in their respective bids with the subcontractors contained on Schedules 1 and 2 and Item 6 – Counting SBE Participation (and M/WBE at the dollar values specified. Bidders agree to provide any Participation for Tracking Purposes) additional information requested by the County to substantiate participation. a. Once a firm is determined to be an eligible SBE according to the Palm Beach County certification procedures, the The successful bidder shall submit an SBE-M/WBE Activity County or the Prime may count toward its SBE goals only Form (Schedule 3) and SBE-M/WBE Payment Certification that portion of the total dollar value of a contract Forms (Schedule 4) with each payment application. Failure to performed by the SBE. Prior to issue, total dollar value of provide these forms may result in a delay in processing a contract will be determined by the PBC user department payment or disapproval of the invoice until they are submitted. by defining factors to be considered as value. Total dollar The SBE-M/WBE Activity Form is to be filled out by the Prime value of retail contracts shall be determined by Gross Contractor and the SBE-M/WBE Payment Certification Forms Receipts. are to be executed by the SBE or M/WBE firm to verify receipt of payment. b. The County may count toward its SBE goals the total value of a contract awarded to an eligible SBE firm that Item 8 – SBE Substitutions subsequently is decertified or whose certification has After contract award, the successful bidder will only be expired after a contract award date or during the permitted to replace a certified SBE subcontractor who is performance of the contract. unwilling or unable to perform. Such substitution must be done with other certified SBE’s in order to maintain the SBE c. The County or Prime may count toward its SBE goal a percentages submitted with the bid. Requests for substitutions portion of the total dollar value of a contract with a joint must be submitted to the user Department and OSBA. venture, eligible under the standards for certification, d. LOCAL PREFERENCE ORDINANCE: In accordance with the equal to the percentage of the ownership and control of Palm Beach County Local Preference Ordinance, a preference the SBE partner in the joint venture. may be given to (1) bidders having a permanent place of