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

emergency. Failure to provide the stated priority during and PRIOR TO BID SUBMISSION. IF THE CORRECTION after an emergency shall constitute breach of contract and IS NOT PROPERLY INITIALED, OR IF THE INTENT OR make the bidder subject to sanctions from doing further LEGIBILITY OF THE CORRECTION IS NOT CLEAR, business with the County. THE BID SHALL BE REJECTED. 7. Bidders may offer a cash discount for prompt payment. m. SALES PROMOTIONS / PRICE REDUCTIONS: Should sales However, such discounts shall not be considered in promotions occur during the term of the contract that lower the determining the lowest net cost for bid evaluation price of the procured item, the successful bidder shall extend purposes unless otherwise specified in the special to the County the lower price offered by the manufacturer on conditions. Bidders should reflect any discounts to be any such promotional item. Further, any price decreases considered in the unit prices bid. effectuated during the contract period by reason of market change or otherwise, shall be passed on to Palm Beach h. SUBMITTING NO BID or NO CHARGE: Bidders not wishing County. Additionally, anytime after award, the successful to bid on some items sought by this solicitation should mark bidder may offer a reduced price which shall remain in effect those items as “no bid”. If some items are to be offered at no for the duration of the contract. charge, bidders should mark those items as “no charge”. Items left blank shall be considered a “no bid” for that item, n. SUCCESSFUL BIDDER NON-DISCRIMINATION POLICY: and the bid shall be evaluated accordingly. Bidders who do The successful bidder shall perform the following and shall use not wish to submit bids on any item in this solicitation, should the attached form “Non-Discrimination Policy” in order to do return a “Statement of No Bid” in an envelope plainly marked the same: with the bid number and marked “NO BID”.  Page 7 1. Submit to Palm Beach County a copy of its non- b. FEDERAL AND STATE TAX: Palm Beach County is exempt discrimination policy, which shall be consistent with the from Federal and State taxes. The authorized agent for non-discrimination policy of Palm Beach County as set Purchasing shall provide an exemption certificate to the forth in Section 2.b. hereinabove; OR successful bidder, upon request. Successful bidders are not exempted from paying sales tax to their suppliers for materials 2. In the event that the successful bidder does not have a to fulfill contractual obligations with the County, nor are written non-discrimination policy or one that conforms to successful bidders authorized to use the County’s Tax Palm Beach County’s policy, the successful bidder shall Exemption Number in securing such materials. sign and submit to Palm Beach County a statement affirming that it will conform to Palm Beach County’s non- c. PAYMENT: Payment shall be made by the County after discrimination policy as provided in Palm Beach County commodities / services have been received, accepted and Resolution R-2014-1421, as may be amended. properly invoiced as indicated in the contract and / or order. Invoices must bear the order number. The Florida Prompt The successful bidder shall satisfy the requirements set forth Payment Act is applicable to this solicitation. in this Section 3.n. prior to execution of a contract with Palm Beach County and within a time frame specified by Palm Note: Palm Beach County Vendors can now be paid by Beach County (normally within 2 working days of request). Credit Card via the County’s voluntary Payment Manager The successful bidder’s failure to satisfy the requirements set Program. For vendors who don’t have a merchant account, forth in this Section 3.n. shall render its bid non responsive. It one is needed to utilize the Program. For vendors with a is the responsibility of the successful bidder to maintain a merchant account, you will need to enroll with the Palm Beach written or non-written non-discrimination policy that conforms County Clerk & Comptroller’s office. For information, contact with the County’s policy as set forth in Section 2.b. the Palm Beach County Clerk & Comptroller at hereinabove throughout the term of the contract. Failure to pbcpaymentmgr@mypalmbeachclerk.com or 561-355-3295. meet this requirement shall be considered default of contract. d. CHANGES: The Director of Purchasing, Palm Beach County, 4. BID SUBMISSION TIME / AWARD OF BID by written notification to the successful bidder may make minor changes to the contract terms. Minor changes are defined as a. OBSERVING THE PUBLISHED BID SUBMISSION TIME: modifications which do not significantly alter the scope, nature, The published bid opening time shall be scrupulously or price of the specified goods or services. Typical minor observed. It is the sole responsibility of the bidder to ensure changes include, but are not limited to, place of delivery, that their bid arrives in the Purchasing Department prior to the method of shipment, minor revisions to customized work published bid submission time. Any bid delivered after the specifications, and administration of the contract. The precise published time of bid submission shall not be successful bidder shall not amend any provision of the contract considered, and shall be returned to the bidder unopened if without written notification to the Director of Purchasing, and bidder identification is possible without opening. Bid written acceptance from the Director of Purchasing or the responses by telephone, electronics, or facsimile shall not be Board of County Commissioners. accepted. Bidders shall not be allowed to modify their bids after the published bid submission time. e. DEFAULT: The County may, by written notice of default to the successful bidder, terminate the contract in whole or in part if b. POSTING OF AWARD RECOMMENDATION: Recommended the successful bidder fails to satisfactorily perform any awards shall be publicly posted for review, at the Purchasing provisions of this solicitation or resultant contract, or fails to Department and on the Purchasing Department website at make progress so as to endanger performance under the www.pbcgov.org/purchasing prior to final approval, and shall terms and conditions of this solicitation or resultant contract, or remain posted for a period of five (5) business days. The provides repeated non-performance, or does not remedy such official posting on the Purchasing Department website shall failure within a period of 10 days (or such period as the prevail if a discrepancy exists between the referenced listings. Director of Purchasing may authorize in writing) after receipt of notice from the Director of Purchasing specifying such failure. c. PROTEST PROCEDURE: Protest procedures are provided in In the event the County terminates this contract in whole or in the Palm Beach County Purchasing Code. Protests must be part because of default of the successful bidder, the County submitted in writing, addressed to the Director of Purchasing, may procure goods and / or services similar to those via hand delivery, mail or fax to (561) 242-6705. Protest must terminated, and the successful bidder shall be liable for any identify the solicitation, specify the basis for the protest, and be excess costs incurred due to this action. received by the Purchasing Department within five (5) business days of the posting date of the recommended award. If it is determined that the successful bidder was not in default The protest is considered filed when it is received by the or that the default was excusable (e.g., failure due to causes Purchasing Department. Failure to file protest as outlined in beyond the control of, or without the fault or negligence of, the the Palm Beach County Purchasing Code shall constitute a successful bidder), the rights and obligations of the parties waiver of proceedings under the referenced County Code. shall be those provided in Section 5f, “Termination for Convenience”. 5. CONTRACT ADMINISTRATION f. TERMINATION FOR CONVENIENCE: The Director of a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall Purchasing may, whenever the interests of the County so be made as soon as possible. Deliveries resulting from this require, terminate the contract, in whole or in part, for the bid are to be made during the normal working hours of the convenience of the County. The Director of Purchasing shall County. Time is of the essence and delivery dates must be give five (5) days prior written notice of termination to the met. Should the successful bidder fail to deliver on or before successful bidder, specifying the portions of the contract to be the stated dates, the County reserves the right to CANCEL the terminated and when the termination is to become effective. If order or contract and make the purchase elsewhere. The only portions of the contract are terminated, the successful successful bidder shall be responsible for making any and all