Bidder/Proposer’s Responsibilities

It is the Bidder/Proposer’s responsibility to check for any issued addenda or other information that would be required in preparing their solicitation submittal. The City of Sebastian shall not be held responsible for missed opportunities.

Submittals

Submittals received in response to the City’s Invitation for Bids (ITB), Request for Proposals (RFP), Request for Qualifications (RFQ), or any other formal, competitive solicitation conducted by the Procurement Division, will have a due date and time,  as specified in the Solicitation documents or amended via an Addendum (if any). 

Solicitation Openings

Solicitation Openings will only be held for construction projects. All openings will be publicly noticed; only the Vendor’s name and lump sum base bid will be read aloud. 

In accordance with the Americans with Disabilities Act, persons needing special accommodations for this meeting shall, at least 48 hours prior to the meeting, contact the Procurement Division at 772-388-8231.

Public Records

In accordance with Florida State Statute section 119.07(1) and 24(a) Article I of the State constitution, sealed bids, proposals or replies received by an agency pursuant to a competitive solicitation are exempt from Public Record until such time as the agency provides a notice of an intended decision or until 30-days after opening the bids, proposals, or final replies, whichever is earlier.

Exceptions are made:

• When opening sealed bids or the portion of any sealed bids that include the prices submitted that are received pursuant to a competitive solicitation for construction or repairs on a public building or public work, open the sealed bids at a public meeting conducted in compliance with section 286.011.
• Announce at that meeting the name of each bidder and the price submitted in the bid.
• Make available upon request the name of each bidder and the price submitted in the bid.

Disadvantaged Business Enterprises Statement

Contract Assurance (Section 26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. 

Prompt Payment (Section 26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from City of Sebastian. The prime contractor agrees further to return retainage payments to each subcontractor within [specify the same number as above] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of City of Sebastian. This clause applies to both DBE and non-DBE subcontractors.

Requirements of 49 CFR Part 26, Disadvantaged Business Enterprise Program

A. POLICY. It is the policy of the Department of Transportation that disadvantage business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the Disadvantage Business Enterprise (DBE) requirements of 49 CFR Part 26 apply to this contract.

B. DBE OBLIGATION. The Bidder agrees to ensure that disadvantage business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all Bidders shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantage business enterprises have the maximum opportunity to compete for and perform contracts. Bidders shall not discriminate on the basis of race, color, national origin, or sex in the award of and performance of DOT assisted contracts.

C. A Bidder may count toward its DBE goals 60% of its expenditures for materials and supplies required under a contract and obtained from a DBE and 100% of such expenditures to a DBE manufacturer.

Minimum Disadvantage Business Enterprise goals for this project are: DBE 5.0%