Construction Services Pricing Agreement

MEMORANDUM

TO:	Company Addressed	DATE: Tuesday, July 21, 2026
FROM:	Santa Rosa County Procurement Office
SUBJECT:	26-048 Construction Services Pricing Agreement

Notice is hereby given that the Santa Rosa County Board of County Commissioners is seeking bids for Construction Services Pricing.

Specifications may be secured through the Santa Rosa County Procurement Portal at https://procurement.opengov.com/portal/santarosafl Questions concerning this request should be submitted through the procurement portal by 12:00 pm on Tuesday, August 11, 2026.

Please submit all proposals through the procurement portal at https://procurement.opengov.com/portal/santarosafl by 10:00 am on Tuesday, August 18, 2026, at which time will be publicly opened.

Santa Rosa County Board of County Commissioners encourages all segments of the business community to participate in its procurement opportunities, including small businesses, minority/women owned businesses, and disadvantaged business enterprises. The Board does not discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration of contracts.

The Board of County Commissioners reserves the right to waive irregularities in bids, to reject any or all bids for sound documented reasons, and to award the bid that it determines to be in the best interest of Santa Rosa County.

By order of the Board of County Commissioners of Santa Rosa County, Florida.

Project Details

Reference ID: 26-048
Department: Road & Bridge
Department Head: Andrew Hill (Assistant Public Works Director)

Important Dates

Questions Due: 2026-08-11T17:00:00.000Z

Evaluation Criteria

Misc. Federal Requirements —
All respondents should be aware that some federal funds may be utilized int he course of services being performed under this agreement, as such, respondent agrees that it shall adhere to all necessary federal regulations and the Uniform Administrative Guidance (2 CFR 200). Further, the respondent acknowledges that the Federal government is not a party to this agreement and is not subject to any obligations or liabilities to the non-federal entity, Respondent, or any other party pertaining to any matter resulting from any award. Should a federal awarding agency require adherence to Supplemental Standard Terms and Conditions relevant to any award hereunder, such conditions will be included for review and approval as a condition of any amendment or task order.
Pre-Bid Activity —
Except as provided in this section, respondents are prohibited from contacting or lobbying the County, County Administrator, Commissioners, County staff, or any other person authorized on behalf of the County related or involved with the solicitation. All inquiries on the scope of work, specifications, additional requirements, attachments, terms and general conditions or instructions, or any issue must be directed in writing, via the County e-Procurement Portal located at https://procurement.opengov.com/portal/santarosafl.
All questions or inquiries must be received no later than the last day for questions stated in the Construction Services Pricing Agreement & Legal Notice. Any addenda or other modification to the bid documents will be issued by the County prior to the date and time of bid closing, as written addenda, and will be posted to the Santa Rosa County e-Procurement Portal hosted by OpenGov. Once the bidder has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/santarosafl.
Such written addenda or modification shall be part of the bid documents and shall be binding upon each respondent. Each respondent is required to acknowledge receipt of all addenda. No respondent may rely upon any verbal modification or interpretation.
Summary —

MEMORANDUM
TO: Company Addressed DATE: Tuesday, July 21, 2026
FROM: Santa Rosa County Procurement Office
SUBJECT: 26-048 Construction Services Pricing Agreement

Notice is hereby given that the Santa Rosa County Board of County Commissioners is seeking bids for Construction Services Pricing.
Specifications may be secured through the Santa Rosa County Procurement Portal at https://procurement.opengov.com/portal/santarosafl Questions concerning this request should be submitted through the procurement portal by 12:00 pm on Tuesday, August 11, 2026.
Please submit all proposals through the procurement portal at https://procurement.opengov.com/portal/santarosafl by 10:00 am on Tuesday, August 18, 2026, at which time will be publicly opened.
Specifications may be secured through the Santa Rosa County Procurement Portal at https://procurement.opengov.com/portal/santarosafl Questions concerning this request should be submitted through the procurement portal by 12:00 pm on Tuesday, August 11, 2026.
Santa Rosa County Board of County Commissioners encourages all segments of the business community to participate in its procurement opportunities, including small businesses, minority/women owned businesses, and disadvantaged business enterprises. The Board does not discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration of contracts.
The Board of County Commissioners reserves the right to waive irregularities in bids, to reject any or all bids for sound documented reasons, and to award the bid that it determines to be in the best interest of Santa Rosa County.
By order of the Board of County Commissioners of Santa Rosa County, Florida.
Additional Insurance Required —
The following outlines additional insurance coverage requirements, along with their minimum limits, for the given project. This coverage is in addition to the standard requirement.
General Requirements:
1. 1. 1. Carrier rating shall be A.M. best rating of B++V or better.
    2. Notice of Cancellation, Non-Renewal, or material change in coverage shall be provided to Santa Rosa County at least 30 days prior to action.
    3. Santa Rosa County shall be named as additional insured on all policies except Workers' Compensation.
Pre-Bid Activity —
Except as provided in this section, respondents are prohibited from contacting or lobbying the County, County Administrator, Commissioners, County staff, or any other person authorized on behalf of the County related or involved with the solicitation. All inquiries on the scope of work, specifications, additional requirements, attachments, terms and general conditions or instructions, or any issue must be directed in writing, via the County e-Procurement Portal located at https://procurement.opengov.com/portal/santarosafl.
All questions or inquiries must be received no later than the last day for questions stated in 26-048Construction Services Pricing Agreement & Legal Notice. Any addenda or other modification to the bid documents will be issued by the County prior to the date and time of bid closing, as written addenda, and will be posted to the Santa Rosa County e-Procurement Portal hosted by OpenGov. Once the bidder has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/santarosafl.
Such written addenda or modification shall be part of the bid documents and shall be binding upon each respondent. Each respondent is required to acknowledge receipt of all addenda. No respondent may rely upon any verbal modification or interpretation.
Worker's Compensation —
Proprietor/Executive Officers Exclusion not allowed

$100,000 Employees Liability
$100,000 Accident - Disease
$500,000 Disease policy limit
Preparation of Bid —
The respondent shall submit bids in accordance with the public notice. The respondent shall submit bids in accordance with bid documents and must be listed on the Division of Corporations website (Sunbiz) for the FEIN provided.
Any proposal which contains any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for which shall in any manner fail to conform to the conditions of public notice may be rejected.
A bid submitted by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature). The official address of the partnership shall be shown below the signature.
A bid submitted by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature.
A bid submitted by an individual shall show the respondent’s name and official address.
A bid submitted by a joint venture shall be executed by each joint venture in the manner indicated on the bid form. The official address of the joint venture must be shown below the signature.
The bid shall contain an acknowledgement of receipt of all addenda, the numbers of which shall be filled in on the form. The address and telephone number for communications regarding the bid shall be shown.
If the respondent is an out-of-state corporation, the bid shall contain evidence of respondent’s authority and qualification to do business as an out-of-state corporation in the State of Florida. A state contractor license number for the State of Florida shall also be included on the bid form. Respondent shall be licensed in accordance with the requirements of Chapter 489, Florida Statutes.
The bid shall be based upon the completion of the Work according to the drawings and specifications, together with all addenda thereto.
Preparation of Bid —
The respondent shall submit bids in accordance with the public notice. The respondent shall submit bids in accordance with bid documents and must be listed on the Division of Corporations website (Sunbiz) for the FEIN provided.
Any proposal which contains any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for which shall in any manner fail to conform to the conditions of public notice may be rejected.
A bid submitted by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature). The official address of the partnership shall be shown below the signature.
A bid submitted by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature.
A bid submitted by an individual shall show the respondent’s name and official address.
A bid submitted by a joint venture shall be executed by each joint venture in the manner indicated on the bid form. The official address of the joint venture must be shown below the signature.
The bid shall contain an acknowledgement of receipt of all addenda, the numbers of which shall be filled in on the form. The address and telephone number for communications regarding the bid shall be shown.
If the respondent is an out-of-state corporation, the bid shall contain evidence of respondent’s authority and qualification to do business as an out-of-state corporation in the State of Florida. A state contractor license number for the State of Florida shall also be included on the bid form. Respondent shall be licensed in accordance with the requirements of Chapter 489, Florida Statutes.
The bid shall be based upon the completion of the Work according to the drawings and specifications, together with all addenda thereto.
Commercial General Liability —
Including Premises operations - Products completed ops
Contractual Liability and Personal and Advertising Liability $1,000,000 CSL
$2,000,000 Annual Aggregate
Submittal of Bid —
A bid shall be submitted no later than the date and time prescribed in the solicitation and shall be accompanied by the bid security and other required documents. Applicable bond documents may be uploaded, but any physical checks presented must be delivered to the Procurement Office prior to the Bid Opening. Offers by email, facsimile, or telephone will NOT be accepted.
Submittal of Bid —
A bid shall be submitted no later than the date and time prescribed in the solicitation and shall be accompanied by the bid security and other required documents. Applicable bond documents may be uploaded, but any physical checks presented must be delivered to the Procurement Office prior to the Bid Opening. Offers by email, facsimile, or telephone will NOT be accepted.
Electronic Document Format Requirement —
All electronic documents submitted in response to this solicitation shall be provided in searchable PDF format. The County reserves the right to deem proposals that do not comply with this requirement as non-responsive or to require resubmission in the proper format within a specified timeframe. This requirement applies to all attachments, forms, and supporting documentation uploaded to the County’s Procurement Portal or otherwise submitted electronically.
PROJECT NARRATIVE/SPECIFICATIONS —
1. The contractual agreement resulting from this solicitation will be for firms to perform a wide range
of projects in an economical and timely manner. These projects may consist of but are not limited
to, projects related to drainage, roadway widening, dirt road paving, community improvement,
Safe Route to School, sidewalk construction, fencing, right of way mowing and vegetation
removal, traffic calming, roadway reconstruction, resurfacing, etc. No single project shall exceed
$100,000 in total value.

2. To be eligible for the award of a contract from this solicitation, Offeror shall possess either a
General Contractor’s License or an Underground Utility Contractor’s License. A copy of the
applicable license(s) shall be included with the bid response. All Subcontractors shall be properly
licensed before beginning work, for the work to be performed under this contract.

3. This contract shall be administered by the Santa Rosa County Public Works Department with
individual projects being managed by the Department/Division(s) requesting work.

4. Materials and construction methods shall comply with those set forth in the latest edition of the
Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge
Construction. The Contractor shall have an FDOT certification to perform paving projects with
Superpave asphaltic concrete. Construction of leveling with asphalt material shall meet the
specifications in Section 330 of the 2010 edition and Section 320-6.2 of the 2021 edition of the
FDOT Standard Specifications for Road and Bridge Construction. Any exceptions to the
specifications must be approved by the Public Works Director or their designee.

5. The Contractor will be ready and available to move in and start work on a job within 48 hours
after being notified by telephone, fax, or email from the Public Works Director (or their designee)
and agrees to remain on the said project until the job is completed, based on not less than eight
(8) hour working days. No work will be done on holidays, Saturdays, Sundays, or after normal
daylight hours unless determined to be an emergency by the Board of County Commissioners or
the Public Works Department.

6. The Contractor must properly follow the provisions of “Underground Facility Damage Prevention
and Safety Act.” Chapter 556, F.S. and contact Sunshine 811 before excavating, digging, clearing,
or other disturbance of any areas. Notification, locating, and/or failure to locate resulting in
damage to private or public utilities is the responsibility of the Contractor.

7. The Contractor shall be responsible for installing and maintaining erosion control devices as
required to function properly and to satisfy the representatives of the County.

8. To ensure that the project complies with the regulations, the Contractor shall perform a complete
site inspection of the erosion control measures every week and when rainfall occurs on site.
Required corrective/maintenance measures shall be noted and implemented within three
working days.

9. The Contractor shall take whatever measures are necessary to minimize soil erosion and
siltation and water, air, and noise pollution caused by their operations. The Contractor shall also
comply with the applicable regulations of all legally constituted authorities relating to
pollution prevention and control.

10. The Contractor shall exercise every reasonable precaution throughout the life of the project
to prevent the eroding of soil and the silting of rivers, streams, lakes, reservoirs, other water
impoundments, ground surfaces, or other property. Install temporary and permanent erosion
control measures in accordance with these Specifications and with the Florida Stormwater,
Erosion, and Sediment Control Inspector’s Manual Volume I and II, or the latest edition.

11. Permanent or temporary soil stabilization, which includes seeding, mulching, or ground cover
sufficient to restrain erosion, must be applied to portions of the disturbed area as needed.

12. Failure to cooperate and comply with these stipulations will cause an unnecessary delay in the
“project” and will be treated as a “Breach of Contract” if not strictly adhered to. To expedite the
project, absolute cooperation and performance from the Contractor will be expected.

13. The contract may be terminated by either party with a thirty (30) day written notice.
Automobile Liability - including Hired and Non-owned —
Automobile Liability - including Hired and Non-owned $1,000,000 CSL
Professional Liability —
Professional Liability $1,000,000 Per Occurrence
SPECIFICATIONS FOR CLEARING AND GRUBBING —
A. STANDARD CLEARING AND GRUBBING:
1. Work Included: Completely remove and dispose of all timber, brush, stumps, roots, rubbish,
debris, and all other obstructions resting on or protruding through the surface of the existing
ground and the surface of excavated areas, and all other structures and obstructions necessary to
be removed and for which other items of the Contract do not specify the removal thereof,
including septic tanks, building foundations, and pipes.

2. Perform standard clearing and grubbing within all areas where excavation is to be done, including
borrow pits, lateral ditches, right-of-way ditches, etc. All areas where roadway embankments will
be constructed. All areas where structures will be constructed, including pipe culverts and other
pipelines.

3. Onsite disposal of cleared materials by burning is not allowed.

4. Conduct weekly site inspections and after each rainfall event to determine which areas can be
temporarily or eminently seeded, which devices need maintenance, repair, etc. and to ensure
that the erosion control measures are performing adequately. Perform any necessary
maintenance.

5. Maintain all disturbed soil areas until the site is completely stabilized. Fertilize, seed, and mulch
all disturbed as approved by Public Works Director.

6. When vegetation has become established remove any temporarily installed stormwater
protection bmp devices such as diversions, silt fences, or hay bales, and re‐grade and seed or
stabilize any resulting bare areas within 30-days.

B. DEPTHS OF REMOVAL OF ROOTS, STUMPS, AND OTHER DEBRIS:
1. In all areas where excavation is to be performed, or roadway embankments are to be constructed,
remove roots and other debris to a depth of 12” below the ground surface.

2. Remove roots and other debris from all excavated material to be used in the construction of
roadway embankment or roadway base.

3. Plow the surface to a depth of at least 6”, and remove all roots thereby exposed to a depth of at
least 12”.

4. Completely remove and dispose of all stumps within the roadway right-of-way.

5. Live trees in the roadway right-of-way shall be trimmed of all dead and diseased limbs and
branches.

6. Remove all roots, etc., protruding through or appearing on the surface of the completed
excavation within the roadway area and for structures, to a depth of at least 12” below the
finished excavation surface.

7. When work is completed, all dead and downed trees shall be removed.

C. TREES TO REMAIN:
1. As an exception to the above provisions, where so directed by the Public Works Director or
designated responsible official, trim, protect, and leave standing desirable trees within the
roadway area.

2. Trim branches of trees extending over the area occupied by the roadway as directed, to give a
clear height of 16 feet above the roadway.

3. Trees and other vegetation designated on the Drawings or directed by the COUNTY to remain
shall be protected under the County’s Land Development Code as a Heritage Tree. At no point shall
any heritage tree be trimmed, cut, or removed without prior approval of the Public Works Director
or designated responsible official.

4. A Heritage is any living tree of special protected status, 48” in diameter in North and Central Santa
Rosa County and 24” in diameter in South Santa Rosa County or greater at four and one-half (4-
½)’ above grade. The Heritage Tree must be protected from damage by all construction operations
by erecting suitable barriers, guards, and enclosures, or by other approved means.

5. Heavy equipment operation or stockpiling of materials shall not be permitted within the
branch spread of any existing trees which are heritage, protected, or designated as a desirable
tree to remain. Any damage to these existing tree crowns, trunks, or root systems shall be repaired
immediately. Roots exposed and/or damaged during the work shall immediately be cut off cleanly
inside the exposed or damaged area. Cut surfaces shall be treated with an acceptable tree wound
paint and topsoil spread over the exposed root area. Cuts over 1‐in in diameter shall be treated
with acceptable tree wound paint.

D. SELECTIVE CLEARING AND GRUBBING:
1. The Contractor shall remove and dispose of all vegetation, obstructions, etc., as provided above
except that, where so elected, the Contractor may cut roots, etc., flush with the ground surface.

2. Completely remove and dispose of stumps. Entirely remove undergrowth except in specific areas
designated by the County’s representative to remain for aesthetic purposes.

3. Trim, protect, and leave standing desirable trees, with the exception of such trees as the County’s
representative may designate to be removed to facilitate right-of-way maintenance.

E. PROTECTION OR PROPERTY REMAINING IN PLACE:
1. Protect and do not displace property obstructions that are to remain in place, such as
buildings, sewers, drains, water or gas pipes, conduits, poles, walls, posts, bridges, etc.

2. Understand stake out the limits of any and all clearing and follow all State and local
regulations regarding the delineation of wetlands and applicable requirements to include
permitting needs.

3. Adjacent properties and improvements thereon, public or private, which become damaged
by construction operations shall be promptly restored to their original condition to the full
satisfaction of the property owner.

4. Construction activities shall be restricted to those areas within the limits of construction
designated on the Drawings, within public rights‐of‐way, and within easements provided
by the COUNTY.

F. LEVELING TERRAIN:
1. Within the areas between the limits of construction and the outer limits of clearing and grubbing,
fill all holes and other depressions, and cut down all mounds and ridges.

2. Make the area of a sufficient uniform contour so that the Department’s subsequent mowing and
cutting operations are not hindered by the irregularity of terrain.

3. Perform this work regardless of whether the irregularities were the result of construction
operations or existed originally.
Integrity of Bid Documents —
Respondents shall use the original documents provided on the Santa Rosa County e-Procurement Portal and enter information only in the spaces where a response is requested. Respondents may use an attachment to the documents if sufficient space is not available. Any modifications or alterations to the original documents by the respondent, whether intentional or otherwise, will constitute grounds for rejection of a submittal. Any such modification or alteration that a respondent wishes to propose must be clearly stated in the respondent’s response in the form of an addendum to the original bid documents.
Asbestos Removal Liability —
Asbestos Removal Liability $2,000,000 Per Occurrence
SPECIFICATIONS FOR TREE/VEGETATION REMOVAL —
A. OBJECTIVE
1. Provide the unincorporated areas of Santa Rosa County Florida with the ability to utilize
contractual services for section tree/limb/brush trimming and removal, service requests, and
street tree maintenance requirements of areas described herein.

2. Areas of work may include any County rights-of-way and County owned easements, including
medians, islands, cul-de-sacs, parks, cemeteries, and any County owned and operated facility
buildings, land, or property.

3. Completed work shall be subject to field inspection by a representative from Public Works.

B. GENERAL
1. Methods of trimming and pruning are to be performed in accordance with the current standard practices set
forth by the American Association of Nurserymen, International Society of Arboriculture (ISA), the
National Arborist Association (Pruning Standard for Class I Pruning), and the American National
Standards Institute A300 and Z133.1 Guidelines.

2. Personnel shall be experienced in tree work, using modern tools, and methods.

3. The Contractor will be held responsible for any direct or indirect damages or injuries resulting
from any act, omission, neglect, or conduct in the execution of the work to any public or private
property. Such property shall be restored to its original condition at the expense of the Contractor
and to the satisfaction of the County.

4. All work to be performed shall be assigned by the Santa Rosa County Public Works Director and/or
an authorized responsible official and, in all respects, shall conform to the provisions and
requirements of this contract.

5. Subject to the guidelines and specifications set forth in this RFP, Contractor is responsible for
determining the method and manner of performing the work.

6. Santa Rosa County reserves the right to add or delete, through written Task Orders, the amount
of work specified by the terms of this contract.

C. SAFETY
1. All equipment being used, and all work being performed must be in full compliance with the most
current revisions of the American National Standards Institute Z-133.1 for Tree Care
Operations for Pruning, Trimming, Repairing, Maintaining, and Removing Trees, Removing Brush,
Safety Requirements. These standards (ANSI Z-133.1) are made part of this contract by this
reference.

2. There may be a small percentage of Right of Way (ROW) trees near utility service lines. Because
of this, the County would prefer Contractors with Line Clearance Certifications and a copy of the
certification be provided with their proposal.

3. The Contractor shall be solely responsible for pedestrian, and vehicular safety and control within
the work site. The Contractor shall provide the necessary warning devices, barricades, and ground
personnel needed to give safety, protection, and warning to persons and vehicular traffic within
the area.

4. Blocking of public streets shall not be permitted unless prior arrangements have been made with
the County and is coordinated with the proper departments.

5. Traffic control is the responsibility of the Contractor.

D. EQUIPMENT
1. The Contractor shall provide with their bid a list of all equipment to be used.

2. The County reserves the right to inspect all equipment to be used prior to awarding a contract.
Furthermore, the County reserves the right to inspect safety inspection documentation on all
equipment.

3. All work shall be performed in a professional manner using quality equipment and materials, all
of which must be maintained and operated with the highest standards.

E. PERSONNEL
1. On-site supervision experienced in tree work, with the ability to respond and make decisions, is
required and must be available by cell phone at all times while working for Santa Rosa County.

2. Personnel must have applicable commercial driver's licenses (CDL).

3. All supervisors and personnel must meet Federal, State, and local rules, regulations, and
ordinances at all times while working for Santa Rosa County.

4. Personnel must be readily identified as employees of the company (i.e., uniforms, shirts, hats,
etc.).

F. METHOD OF TREE MEASUREMENT
1. The size of the tree shall be determined by the diameter at breast height (DBH) which is an
average diameter of the tree trunk taken at a point four and one-half (4-1/2)’ above the ground.

2. The diameter will be measured to the nearest full inch.

3. Trees having major limbs lower than four and one-half (4-1/2’) feet from the ground shall be
measured at the smallest diameter below such limbs.

G. TRIMMING SPECIFICATIONS, EMERGENCY RESPONSE
1. The Contractor may be required to post "NO PARKING" signs, provided by the County one day
before commencing work. Areas will be posted once and completed before starting another area.
Signs are to be removed upon completion.

2. The Contractor shall regularly communicate with and provide daily updates of work performed to
the County Representative. The Contractor shall also notify a Santa Rosa County Public Works
representative of work it intends to perform and obtain approval before performing the same.

3. Emergency work will typically consist of down or blocking trees or parts thereof, trees in danger
of failure, or for removal to facilitate an emergency repair of a water or sewer utility. The
Contractor's response time for emergencies must be within two (2) hours of initial contact.

4. Work shall not start before 7:00 a.m. and shall end no later than 7:00 p.m., Monday through
Friday. Work on Saturdays and Sundays, County or National holidays shall be prohibited unless
otherwise specifically approved by the Santa Rosa County Public Works Department.

5. Equipment shall be operated safely and lawfully in accordance with all Federal, State, and local
ordinances.

6. Safety precautions shall be practiced by the Contractor to adequately safeguard all persons, and
property from injury or damage. Federal, State, and local ordinances apply.

7. Cleanup, and disposal of all trimming debris generated from this program shall be the
responsibility of the Contractor unless otherwise specified by the Santa Rosa County Public Works
Department.

8. All work sites shall be left clean, and free of trimming debris at the end of each working day
UNLESS permission is given by the County for extenuating circumstances.

9. Access to residential driveways and mailboxes must be maintained at all times.

10. The Contractor shall remove all dead limbs and branches, "hangers,", “leaners”, water sprouts,
broken, and interfering branches. Cut all stubs at the branch collar.Note: Not all trees requiring trims will need elevation trims. Branching habit, broken and
storm-damaged limbs, stubs, leaners, hangers, water sprouts, and deadwood two (2”) inches
in diameter or larger are to be removed or corrected on each and every tree assigned
according to specifications unless direct permission is granted by the County.

11. Trees requiring elevation trimming shall be trimmed using a selective removal of branches, and
limbs to keep the normal balance of height and width. No tree limbs over 48" in diameter shall be
removed without the approval of County staff.

12. Elevating branches to maintain balance and appropriate clearance:
a. Clearance over curbs and streets – 16-18’
b. Clearance over lawns, walks, and drives – 8’-10’
c. Clearance from roofs and structures – 10’
d. Clearance around traffic signs – 5’
e. Clearance around streetlights – 10’
f. Clearance of trees near street lighting and/or clearance of tree limbs under utility lines will be
assessed by County staff.
Note: Height may vary depending on the road/street width and species of tree. Any variance
is to be approved by County staff. Trees shall be trimmed according to specifications of the
International Society of Arboriculture (ISA), and ANSI standards for street trees.

13. Trees identified as having structural weakness, decayed trunks, split crotches, or otherwise unsafe
SHALL IMMEDIATELY BE REPORTED to the Santa Rosa County Public Works Department.

14. The Contractor and his/her employees are expected to respond to the public respectably and
courteously. The Contractor or their employees are to refer the citizen(s) to the Department of
Public Works.

15. Emergency tree removals shall be measured in DBH.

16. Stumping grinding shall be done to a depth of 12", unless otherwise noted by County staff. Stump
grinding shall be done to a width of 3' from the edge of the trunk. Obvious, visible surface roots
shall be "chased" to a minimum of eight (8”) inches. Stump grindings shall be removed to grade
and replaced with 3" of topsoil. FDOT grass seed mix shall be added to the stump area. Stump size
will be determined using DBH.

17. The Santa Rosa County Department of Public Works will contact the Contractor and provide a list
of locations/areas with trees to be trimmed, removed, and/or stump removal. A separate list will
be provided for each service. Trees will be listed by address, location, or general area.

18. The County will determine the size of the trees to be removed, trimmed, or stumped and
designate the size according to the below-referenced chart.
Classification DBH Tree Service
a. 0-12” Caliper
b. 13-18” Caliper
c. 19-24” Caliper
d. 25-30” Caliper
e. 31-36” Caliper
f. 37-42” Caliper
g. 43” + Caliper

H. TREES TO REMAIN:
1. As an exception to the above provisions, where so directed by the Public Works Director or
designated responsible official, trim, protect, and leave standing desirable trees within the
roadway area.

2. Trim branches of trees extending over the area occupied by the roadway as directed, to give a
clear height of 16 feet above the roadway.

3. Trees and other vegetation designated on the Drawings or directed by the COUNTY to remain
shall be protected under the County’s Land Development Code as a Heritage Tree. At no point shall
any heritage tree be trimmed, cut, or removed without prior approval of the Public Works Director
or designated responsible official.

4. A Heritage is any living tree of special protected status, 48” in diameter in North and Central Santa
Rosa County and 24” in diameter in South Santa Rosa County or greater at four and one-half (4-
½) feet above grade. The Heritage Tree must be protected from damage by all construction
operations by erecting suitable barriers, guards, and enclosures, or by other approved means.
5. Heavy equipment operation or stockpiling of materials shall not be permitted within the
branch spread of any existing trees which are heritage, protected, or designated as a desirable
tree to remain. Any damage to these existing tree crowns, trunks, or root systems shall be repaired
immediately. Roots exposed and/or damaged during the work shall immediately be cut off cleanly
inside the exposed or damaged area. Cut surfaces shall be treated with an acceptable tree wound
paint and topsoil spread over the exposed root area. Cuts over 1” in diameter shall be treated with
acceptable tree wound paint.

I. SELECTIVE CLEARING AND GRUBBING:
1. The Contractor shall remove and dispose of all vegetation, obstructions, etc., as provided above
except that, where so elected, the Contractor may cut roots, etc., flush with the ground surface.

2. Completely remove and dispose of stumps. Entirely remove undergrowth except in specific areas
designated by the County’s representative to remain for aesthetic purposes.

3. Trim, protect, and leave standing desirable trees, with the exception of such trees as the County’s
representative may designate to be removed to facilitate right-of-way maintenance.

J. PROTECTION OR PROPERTY REMAINING IN PLACE:
1. Protect and do not displace property obstructions that are to remain in place, such as
buildings, sewers, drains, water or gas pipes, conduits, poles, walls, posts, bridges, etc.

2. Understand stake out the limits of any and all clearing and follow all State and local
regulations regarding the delineation of wetlands and applicable requirements to include
permitting needs.

3. Adjacent properties and improvements thereon, public or private, which become damaged
by construction operations shall be promptly restored to their original condition to the full
satisfaction of the property owner.

4. Construction activities shall be restricted to those areas within the limits of construction
designated on the Drawings, within public rights‐of‐way, and within easements provided
by the COUNTY.
Withdrawal of Submittals —
Any Respondent may withdraw its Submittal, either personally or by written request, at any time prior to the scheduled time for opening Submittals.
Medical Malpractice —
Medical Malpractice $1,000,000 Per Occurrence
SPECIFICATIONS FOR TRAFFIC CALMING (MOT) —
1. Where work is carried out on/in streets or other public thoroughfares, the Contractor shall so plan
and schedule work so as to cause as little interference as possible with general public traffic, both
vehicular and pedestrian.

2. Street surfaces shall be maintained and kept clean.

3. Access to Fire, Police, ambulance, and other emergency vehicles shall be maintained at all times.

4. All signing and barricading (including that of a flagger) shall be in accordance with the current
issue of the Florida Manual of Uniform Traffic Control Devices. The Contractor shall have
personnel on the project site that meet the current FDOT requirements for certification in
Temporary Traffic Control or Maintenance of Traffic to set up traffic control.

A. SPECIFICATIONS FOR SPEED TABLE INSTALLATION:
1. All work regarding the installation of speed tables, associated signage, and associated markings
shall be performed in accordance with the information contained within the figures depicted
in the attachment.

B. SPECIFICATIONS FOR PAINTED PAVEMENT MARKINGS:
1. The work to be performed under this BID shall consist of furnishing all materials, equipment, tools,
labor, supervision, and insurance necessary to perform repairs, maintenance, installation, of
painted pavement markings, thermoplastic traffic stripes, and markings, and raised retroreflective
pavement markings and bituminous adhesive on designated State Highways and County roads
that are under Santa Rosa County’s responsibility.

2. All work performed by the successful bidder will be in accordance with the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction as deemed applicable
by the Public Works Director or designee. Work completed shall also be in accordance with the
current practices, standards, and specifications as outlined in the current Manual on Uniform
Traffic Control Devices for Streets and Highways.

3. Provide a minimum of two (2) flaggers for all roads that are being worked on, also provide all
construction signs to meet FDOT requirements or any requirements set forth by Santa Rosa
County Public Works Department. The Contractor shall have personnel on the project site that
meet the current FDOT requirements for certification in Temporary Traffic Control or
Maintenance of Traffic to set up traffic control.

C. APPLICATION OF PAVEMENT MARKINGS:
1. Temporary markings are to be applied before traffic is resumed after paving. With the exception
of short-term raised rumble strips, wait at least 14 days after constructing the final asphalt surface
course to place thermoplastic pavement markings. Installation of thermoplastic on concrete
requires a clean, dry surface. Follow the manufacturer’s recommendations for surface
preparation for thermoplastic on concrete. Paint or Blackout material to hide existing markings
can only be used in a temporary application and must be approved by the Public Works Director
or their designee.

D. REMOVAL OF PAVEMENT MARKINGS
1. Removal of pavement markings shall be per sections 710-70 Removal of Existing Painted
Pavement Markings and 711-70 Removal of Existing Thermoplastic Pavement Markings. Remove
existing thermoplastic pavement markings using a method approved by the Road and Bridge
Director such that pavement surface scars or traces of the removed thermoplastic pavement
markings will not conflict with new pavement markings. Price and payment will be full
compensation for all work specified and will include the removal of thermoplastic pavement
markings, and furnishing all tools, machines, equipment, and incidentals necessary to complete
the work.

2. Payment will be made under the items specified in the Bid Price Proposal

E. INSTALLATION OF THERMOPLASTIC PAVEMENT MARKINGS
1. Thermoplastic striping and marking work shall conform with the requirements of the most current
edition (including all applicable revisions) of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction as deemed applicable by the Public Works
Director or designee. Broken (skip) stripes shall consist of a succession of solid yellow or white
strips, 6” wide, 10’ in length, separated by unpainted spaces 30’ in length.

2. Price and payment will be full compensation for all work specified and will include the installation
of thermoplastic pavement markings, and furnishing all tools, machines, equipment, and
incidentals necessary to complete the work.

3. Payment will be made under the items specified in the Bid Price Proposal.

F. PAINTED PAVEMENT MARKINGS
1. Painted striping and marking work shall conform to the requirements of the most current edition
(including all applicable revisions) of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction as deemed applicable by the Public Works
Director or designee. Broken (skip) stripes shall consist of a succession of solid yellow or white
strips, 6“ wide, 10’ in length, separated by unpainted spaces 30’ in length.

2. Price and payment will be full compensation for all work specified and will include the installation
of painted pavement markings, and furnishing of all tools, machines, equipment, and incidentals
necessary to complete the work.

3. Payment will be made under the items specified in the Bid Price Proposal.

G. RAISED RETROREFLECTIVE PAVEMENT MARKERS
1. Raised Retro-Reflective pavement markers and Bituminous Adhesive work shall conform with the
requirements of section 706 of the most current edition (including all applicable revisions) of the
Florida Department of Transportation Standard Specifications for Road and Bridge Construction
as deemed applicable by the Public Works Director or designee. Raised Retro- Reflective
pavement markers shall be spaced by road type and condition, or as specified by the Public Works
Director or designee.

2. Price and payment will be full compensation for all work specified and will include the installation
of raised retroreflective pavement markers and bituminous adhesive, and the furnishing of all
tools, machines, equipment, and incidentals necessary to complete the work.
Interpretation —
No oral interpretation will be made to any Respondent as to the meaning of the drawings or specifications. Every interpretation made to a Respondent will be in the form of an Addendum to the specifications. Addenda will be furnished to each Respondent, but it shall be the Respondent’s responsibility to make inquiry as to Addenda issued. All such addenda shall become part of the contract and all Respondents shall be bound by such Addenda whether received by the Respondent.
Procurement of Recovered Materials —
Contractor and any subcontractors agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement-guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
Bids to Remain Subject to Acceptance —
All responses will remain subject to acceptance or rejection by Santa Rosa County for sixty (60) calendar days after the day of the response opening. The County may, in its sole discretion, release any response and return the bid security prior to the end of this period.
Garage Liability —
Garage Liability $1,000,000 Per Occurrence
SPECIFICATIONS FOR FENCING INSTALLATION —
1. All fencing is to be of industrial/commercial quality per the following specifications.

2. All fencing will be inspected before posts are set in concrete to determine the depth and diameter
the of setting and a final inspection will be made prior to final payment. No payment will be made
until all specifications are complied with. The successful bidder is to request the inspection a
minimum of 48 hours in advance. If the Contractor fails to request and receive an inspection as
specified, no payment will be made until the inspection is made and if inspection has not been
done prior to the setting of posts, all posts are to be removed and reset with proper inspection.

3. All fencing is to follow the ground contour in such a manner that a standard baseball cannot roll
under the fence at any point, except where the fence goes along the asphalted area, install the
fence on the asphalt with a 6" clearance from the fabric to the edge of the asphalt. This
specification may be waived if approved by Santa Rosa County representative.

4. All materials shall be treated wood or wood of natural resistance to decay, hot-dip galvanized
steel, or plastic materials. Installation and durability standards for plastic fencing material shall
meet all manufacturer standards and specifications, which standards and specifications must also
meet all requirements for approval of fence materials under the County's Building Code. All wood
shall be construction grade 2 or better.

5. Fence posts shall consist of one of the following for a five- to 6-1/2-foot fence: four-inch by fourinch
pressure-treated wood post rated for in-ground contact, or I 7/8-inch diameter steel pipe
with a wall thickness of 0.120 inches; or 1-7/8-inch square standard gauge steel pipe with a wall
thickness of 0.120 inches. Fence posts shall consist of one of the following for a fence over 6-1/2
feet to eight feet: four-inch by four-inch or four-inch by six-inch pressure-treated wood post rated
for in-ground contact, or 2-3/8-inch diameter steel pipe with a wall thickness of 0.130 inches; or
2-3/8-inch square standard gauge steel pipe with a wall thickness of 0.130 inches.

6. Fence posts for a five- to 6 1/2-foot fence shall be spaced a maximum of eight feet on center.
Fence posts for a fence over 6 1/2 feet to eight feet shall be spaced a maximum of one of the
following lengths: if a four-inch by six-inch wood post is used, the posts shall be spaced a
maximum of eight feet on center; or if a four-inch by four-inch wood post is used, the fence posts
shall be spaced a maximum of six feet on center; 2 3/8-inch diameter steel pipe or 2 3/8-inch
square standard gauge steel pipe is to be spaced a maximum of eight feet on center.

7. Four-inch by four-inch wood fence posts shall be set in a minimum ten-inch diameter concrete
pier, extending a minimum of two feet deep. Metal posts shall be set in a minimum eight-inch
diameter concrete pier, extending a· minimum of two feet deep. Four-inch by six-inch wood fence
posts shall be set in a minimum 12-inch diameter concrete pier, again extending a minimum of
two feet deep.

8. Chain link fabric shall be 9 GA. 2" mesh, 2 oz. G.A.W (Galvanized After Weaving). A manufactures
certificate to this fact must be presented before payment. All gate latches are to be of commercial
saddle types. At the Representative for Santa Rosa County’s option, a chain and lock with the lock
shackle welded to the chain and the chain attached to one side of the fence is to be provided. The
lock shall be a Master Brand # 5 (No Substitutes). Locks shall be keyed alike if more than one lock
is to be provided per job. All gates are to be of commercial quality, welded joint, 1-5/8" O.D., and
same fabric as the fence, bolted in type with a center brace unless otherwise specified or
approved by Public Works Director.

9. All measurements for fence materials are nominal measurements in accordance with generally
accepted industry standards. Any masonry or concrete fence shall be reviewed by the County and
constructed in accordance with the County’s Building Code.
SPECIFICATIONS FOR SIDEWALK INSTALLATION —
1. This agreement may include work associated with the installation of sidewalks within different
areas of Santa Rosa County. Exact sidewalk locations and alignment shall be coordinated with
County Public Works Department before construction. The sidewalks shall be constructed to
match the existing grade.

2. The sidewalk will have a transverse slope either toward or away from the road to maintain existing
drainage patterns. Minor cut and fill will be required during construction to provide a smooth
transition of the sidewalk and maintain existing drainage patterns.

3. (Refer to Attachment B for Typical Sidewalk Detail)
Note: Cross-slope is 2% Max.

4. Work shall include the following:
Prepare the site for a concrete sidewalk.

Scarify soil, remove topsoil/organics/vegetation, and compact native soil.

Removal of unsuitable soils, replace with granular fill, and compact. (Fill material shall be placed
and compacted by Contractor).

Sidewalk finish shall match existing adjacent sidewalks.

Sidewalks shall have a minimum strength of 2,500 pounds per square inch (PSI) and be reinforced
with woven wire fabric or fiber-reinforced concrete.

Sidewalks shall be constructed with a maximum of ¼” in 12” slope.

Sidewalks shall conform to ADA requirements.

Sidewalks shall have ADA ramps with detectible warnings at all street intersections.

One-half (1/2”) inch expansion joints shall be at thirty (30’) foot intervals or less, with control
joints at ten (10’) foot intervals.

Contractor shall be responsible for any incidental work associated with sidewalk construction such
as utility valve box adjustments, irrigation repairs/relocates, etc.

Contractor shall remove and haul any excess soil and vegetation removed from the site.

Clean and restore the site. (Restoration shall include sodding any areas disturbed during
construction. Dispose of all construction debris, trash, and unused materials).
Conditional and Incomplete Bids —
Santa Rosa County specifically reserves the right to reject any conditional response.
Garage Keepers Liability —
Garage Keepers Liability

$500,000 Comprehensive
$500,000 Collision
Debarment and Suspension —
Contractor as part of the procurement response, Attachment “A” has submitted to the County a certification that Contractor and its principals, if applicable, are not presently debarred or suspended by any Federal department or agency from participating in this transaction. Contractor now agrees to verify, to the extent applicable, that for each lower tier subcontractor that exceeds $25,000 as a “covered transaction” under the Services to be provided is not presently disbarred or otherwise disqualified from participating in the federally assisted services. The Contractor agrees to accomplish this verification by:
1) Checking the System for Award Management at website: http://www.sam.gov.
2) Collecting a certification statement similar to the Certification of Offeror/Bidder Regarding Debarment, above.
3) Inserting a clause or condition in the covered transaction with the lower tier contract.
Minority/Women’s Business Enterprises —
Contractor must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible, in accordance with 2 CFR 200.321. If subcontracts are to be let, prime contractor will require compliance by all sub-contractors. Information regarding certified M/WBE firms can be obtained from (the following list is not exhaustive):
- Florida Department of Management Services (Office of Supplier Diversity);
- Florida Department of Transportation;
- Minority Business Development Center in most large cities; and
- Local Government M/DBE programs in many large counties and cities.
Inland Marine-Bailee's Insurance —
Inland Marine-Bailee's Insurance $TBD
Addition/Deletion of an Item —
The County reserves the right to add or delete any item from this response or resulting contract when deemed to be in the County’s best interest.
SPECIFICATIONS FOR CURED-IN-PLACE PIPELINE REPAIR (CIPP) —
1) This agreement could include work associated with culverts/piping to be repaired by the Cured-In-
Place Pipelining method. All work shall be performed using Masterliner Cured-in-Place Pipe Systems
or an approved equal.

2) Work shall include the following:

a) Contractor shall provide all equipment, labor, and materials for the proposed work.

b) Coordinating with both homeowners and utility owners to be impacted by proposed work.

c) Provide, operate, and maintain any required well-point system to accomplish proposed work.

d) Provide and install sheet piles, coffer dams, and turbidity curtains as required to complete the
repairs.

e) Contractor shall clean and video the culvert prior to installing the culvert liner.

f) Contractor shall install the cured-in-place liner to each culvert in accordance with the
manufacturer’s specifications.

g) Contractor shall perform a post-video inspection of all culvert repairs and provide a digital video
of the post-inspection to the County as a close submittal.

h) Clean/restore site, restore lawns, landscape materials, and roadways. Dispose of all construction
debris, trash, and unused materials.

i) Contractor shall provide a 1-year warranty for all work performed.
SPECIFICATIONS FOR MOWING —
1. This agreement may require the Contractor to provide mowing, general landscaping, and/or
irrigation installation located at any County facility including any County park or Right-of-Way
(ROW). All associated work to be performed under this agreement shall consist of furnishing all
equipment, tools, labor, supervision, and insurance necessary.

2. The frequency of cuttings, trimming, landscaping, mowing, bush hogging, and right-of-way
mowing shall be set and approved by the approved Santa Rosa County Representative. Santa Rosa
County REQUIRES a schedule to verify rotation and frequency of work being performed.

A. FINISH MOWING:
1. Tractors/Mowers. Provide tractors equipped with rotary-style bush hog type mowing apparatus
to be used for mowing including Right-of-Way (ROW) Mowing.

2. Finish Mowing. Provide finish-style mowers (out-front / zero-turn type mowers) equipped with
sharp blades to cleanly cut vegetation and with deflection devices to prevent flying debris ejected
by the mowers.

3. Emblems. Provide a slow-moving vehicle emblem affixed to the rear of the mowers.

4. Warning Lights. Provide highly visible omnidirectional amber flashing warning lights on work
trucks.

5. Trimmers. Provide rigid or string line trimmers for hand trimming. Pruning tools should be
maintained in good working order with sharp edges.

6. Safety Equipment Contractor shall provide at their expense such personal safety equipment for
all personnel working at each site that is normally found in “best practice”.

7. This shall include but not be limited to eye, ear, skin, and head protection.

B. WORK METHODS:
1. This agreement may require the Contractor to provide mowing and/or general landscaping and
trimming located at any County property or facility including any County Park or Right-of-Way
(ROW).

2. Set mower cutting height to 2.5 in. – 4 in. based on turf type. Possible irregularities in mowing
conditions or growing season. All equipment and blades must be set to the same height to
produce an even cut and appearance.

3. All grass clippings shall be mulched. No piles of grass clippings will be allowed to remain on the
lawn or turf after mowing operations.

4. Special care shall be taken to prevent clippings and debris from being directed into irrigation
canals, stormwater detention areas, gutters, or storm sewer inlets.

5. Perform mowing sequence and schedules as directed or as approved.

6. Do not mow wet ground when rutting can occur unless otherwise approved. The Contractor shall
otherwise be responsible for the correction of any damage at his/her own expense and shall
immediately repair any such damage.

7. Do not mow designated non-mow areas. Areas mowed without approval from the County will be
the sole responsibility of the Contractor.

8. Uneven cuts, scalping, and varying heights of lawn areas will be considered unsatisfactory to
County standards. Immediately remove debris ejected onto the roadway, sidewalks, ramps,
driveways, parking lots, trails, or planting beds after each mowing.

9. Hand-trim around fixed objects (i.e., Trees, shrubs, irrigation valves, road signs, pipes, mailboxes,
utility poles, and utility installations) within the mowed area. Complete hand trimming on each
site within 24-hours of mowing. Do not damage trees or shrubs. Herbicides may be used to
prevent plant growth in any cracks in sidewalks, trails, or within paved areas if approved by Public
Works Director or responsible official.

10. Contractor is responsible to restore appurtenances damaged by mowing operations.

11. Mowing services will be done approximately at a bi-weekly schedule of twenty-six (26) times per
year or as otherwise specified by the County’s representative. Additional services will be at the
discretion of the County and at the unit cost per line item. Pending seasonal growth or dormancy
cycles of turf, or special events; mowing may increase or decrease and will be billed accordingly.
Prior to an increase or decrease in services; a written work order will be provided by the County.

12. All associated work may be done during or after normal business hours as approved by the Public
Works Director or designated responsible official.

13. All associated work to be performed under this agreement shall consist of furnishing all
equipment, tools, labor, supervision, and insurance necessary.
Moving and Rigging Floater —
Moving and Rigging Floater Endorsement to CGL
Specification Exceptions —
Specifications are based on the most current literature available. Respondent shall clearly list any change in the manufacturer’s specifications which conflict with the proposal specifications. Respondent must also explain any deviation from the proposal specification in writing. Failure of the respondent to comply with these provisions will result in respondents being held responsible for all costs required to bring the equipment in compliance with bid specifications.
Special Conditions – Additional Federal Requirements —
As some or all of the Services to be provided under this Agreement may be funded with federal funds. Contractor agrees to adhere to the required additional federal requirements set forth in Attachment “E” and incorporated herein by reference.
Crime/Dishonesty Bond —
Crime/Dishonesty Bond $TBD
SPECIFICATIONS FOR LANDSCAPE INSTALLATION AND MAINTENANCE —
1. Landscaping under this agreement may require general landscaping installation or maintenance
necessary at planting bed areas located at any County property or facility including any County
Park facilities or Right-of-Way (ROW).

2. Ground covers shall be edged and trimmed so that they remain within the area defined by the
landscape edging or intent of the design. Shrubs shall be trimmed and shaped according to natural
characteristics and standard cultural practices specific to each species.

3. The removal and maintenance of weeds from parking areas and sidewalks may be required. Preemergent
herbicides may be used at Contractor’s expense to prevent unwanted plants from
landscape beds. The use of herbicides must be approved by the County Representative before
deployment.

4. All associated work may be done during or after normal business hours as approved by the Public
Works Director or designated responsible official.

5. All associated work to be performed under this agreement shall consist of furnishing all
equipment, tools, labor, supervision, and insurance necessary.

A. TREE AND BUSH MAINTENANCE ASSOCIATED WITH LANDSCAPING:
1. All tree suckers shall be continually removed from trees by cutting and not by pulling. Sucker
growth shall be kept clean at all times. Trim trees as needed to remove dead or unsightly growth
allowing for a minimum of an eight (8) foot clearance. Keep the canopy lifted to allow for
pedestrians and or vehicles.

2. All palm trees with a minimum of an eight (8) foot trunk height are the responsibility of the
Contractor to maintain. Dead or dying palm fronds are to be trimmed flush to the tree trunk.

3. Debris from the above-mentioned operations should be removed by the Contractor (off-site), on
the day the cutting operation is performed. Trimming and pruning of hedges and shrubs will be
required as needed, or at the request of the County’s Representative. The sweeping and blowing
of the sidewalks and parking areas should be done (on the same day) after the cutting is complete.

B. LITTER REMOVAL ASSOCIATED WITH LANDSCAPING AND ROW
MAINTENANCE:
1. All litter and debris must be collected, removed, and disposed of properly from the project sites
prior to each mowing cycle and then immediately following the actual mowing and trimming. This
is to retrieve any litter missed the first time (before) and any missed litter that was cut into smaller
pieces with the mower (after). Litter includes matter not part of the highway, streets, or median
facility, such as trash, garbage, scrap metals, paper, wood, plastic, glass products, animal remains,
rubber products, tires, auto parts, furniture, mattresses, household appliances, and large bulky
items. The Contractor shall Furnish bags, containers, and labor needed to complete litter pickup.

2. The Contractor will provide equipment and tools. Provide highly visible omnidirectional amber
flashing warning lights on work vehicles. Provide equipment that prevents the accumulated debris
from being strewn along the roadway during transport.
Grant or Agreement Requirements —
Through the course of this Agreement the County may be awarded state or federal grants that may fund some or all of the Services to be provided under this agreement. Contractor will be provided a copy of the executed grant agreement should one be awarded for all or part of the project and agrees to comply with all the requirements of the grant agreement.
Familiarity with Laws —
All applicable Federal and State laws, County and municipal ordinances, orders, rules, regulations and General Terms and Conditions of all authorities having jurisdiction over the project shall apply to the solicitation throughout, and they will be deemed to be included in the contract the same as though they were written in full therein.
Examination of Documents and Site —
It is the responsibility of the respondent to inspect the site, scope of the work, and to understand the relevant documents, such as drawings, specifications, addenda, and any other information that may affect the execution of the work and the resources needed. Respondents should ensure that they have a clear and comprehensive knowledge of all the conditions and requirements that may impact the performance of the work under the contract.
SPECIFICATIONS FOR IRRIGATION INSTALLATION SPECIFICATIONS —
1. This agreement may require the Contractor to provide irrigation installation, maintenance, and
repair, located at any County property or facility including any County Park or Right-of-Way
(ROW).

2. The work associated with this section consists of all equipment, labor, materials, and insurance
necessary to install, maintain, or repair the irrigation system as indicated on the plans and
includes, but is not necessarily limited to Lawn and shrub sprinkler system automatic controller
and remote-control valves, and the proper execution of the work.

3. All mainlines and transmission lines shall be Schedule 40 PVC; laterals shall be Class 200 PVC. The
pipe shall be rigid unplasticized conforming to ASTM D-1784 and D-2241 standard specifications
for PVC pipe. The pipe shall be homogeneous throughout and free from visible cracks, holes,
foreign materials, blisters, deleterious wrinkles, and dents. All pipes shall be continuously and
permanently marked with the following information: Manufacturer’s name or trademark, size,
schedule and type of pipe, working pressure at 73oF (23oC), and National Sanitation Foundation
(N.S.F.) approval.

4. All stationary spray heads shall have risers of high-density polyethylene plastic pipe (“funny pipe”)
with spiral barbed ell fittings. The minimum length of “funny pipe” shall be eighteen inches (18”)
(450mm). All rotor pop-up sprinklers shall have an adjustable pre-assembled double swing joint
riser. Swing joints shall be Lasco or Spears Marlex ells MIPT x FIPT or equal approved in advance
by the County. Swing joints shall be twelve inches (12”) (300mm) long and shall be threaded on
both ends. The swing joint riser shall be of proper pipe size to match head threads.

5. All manual ball valves, sizes three-inch (3”) (75mm) and smaller, shall be full ported ball valves
with a maximum working pressure of 175 psi (1200kPa) and 350 psi (2400kPa) hydrostatic test
pressure.

6. All remote-control valves, manual control valves, zone shut-off valves, ball valves, or globe valves
unless otherwise indicated, shall be installed in a valve access box of proper size as required for
easy access to the valve. Valve boxes shall not be located within a playing field. Valve boxes shall
be placed with a minimum of five feet (5’) (1.5m) separation between each valve box.

7. All associated work may be done during or after normal business hours as approved by the Public
Works Director or designated responsible official.

A. SPRINKLER HEADS:
1. All heads of a particular type and for a particular function in the system shall be of the same
manufacturer and shall be marked with the manufacturer’s name and identification, in such a
position that they can be identified without being removed from the system.

B. AUTOMATIC IRRIGATION CONTROLLERS:
1. Field controllers shall be model numbers and manufacturers as shown on any plans provided or
an acceptable equal.

2. Field controllers shall be installed on approved concrete bases in accordance with the
manufacturer’s recommendations or as shown on any plans that may be provided.

3. Field controllers shall be installed with the manufacturer’s lightning and surge protection.

4. Central controller shall be model number and manufacturers as shown on the plans, or acceptable
equal. The central controller shall be located as shown on the drawings.

5. On-site lockable disconnects or lockable fuse block and a 110-volt outlet shall be installed at each
controller in a separate lockable water-tight enclosure.

C. AUTOMATIC REMOTE-CONTROL VALVES:
1. All remote-control valves shall be two-inch (2”) (50mm) Toro 216, two-inch (2”) (50mm) Rainbird
GB globe pattern, or approved equal.

2. All valves shall be 24-volt, with epoxy-sealed solenoid coils and throttling stem.

3. All splices shall be installed with 3M DBY and DBR types and all splices shall be made inside the
valve box.

D. CONTROL CABLE:
1. All electric control and ground wire shall be irrigation control cable or approved equal, 14-gauge
unless otherwise indicated on the drawings. All wiring to be used for connecting the automatic
remote-control valve to the automatic controllers shall be Type “UF”, 600-volt, solid copper, single
conductor wire with PVC insulation, and bear UL approval for direct underground burial feeder
cable.

2. Insulation shall be 1/16” (1.6mm) thick minimum covering of ICC-100 compound for positive
waterproofing protection. All control or “hot” wires shall be of one color (black) and all common
or “ground” wires shall be white. When more than one valve is operated by a single controller
station, provide a separate control wire from the controller to each valve, and one valve per box.
Each valve should have no less than twenty-four inches (24”) (600mm) of control cable inside the
valve box. Each wire shall be labeled at the valve box and at the controller to what zone each wire
controls.

3. Verification of wire types and installation procedures shall be checked to conform to local codes.

E. FITTINGS:
1. All plastic pipe fittings shall be permanently marked with the following information:
Manufacturer’s name or trademark, size, schedule, and type of pipe, working pressure at 73oF
(23oC), and National Sanitation Foundation (N.S.F.) approval.

2. All plastic pipe fittings to be installed shall be molded fittings manufactured of the same material
as the pipe and shall be suitable for solvent weld or screwed connections.

3. Slip-fitting socket taper shall be so sized that a dry unsoftened pipe end, conforming to these
special provisions, can be inserted no more than halfway into the socket. Plastic saddle and flange
fittings will not be permitted. Only schedule 80 fittings may be threaded.

4. When a connection is plastic to metal, plastic male adapters shall be used. The male adapter shall
be hand tightened, plus one turn with a strap wrench. The joint compound shall be Teflon Tape
and Teflon Paste. No oil-based products are permitted.

5. Solvent weld fittings shall be manufactured by Lasco, Spears, or acceptable equal. All lateral line
fittings and mainline fittings two inches (2”) (50mm) and smaller shall be schedule 40 solvent weld
fittings.

F. PIPE SLEEVES:
1. Pipe sleeves shall be Schedule 40 PVC pipe, or equal.

G. OTHER MATERIALS:
1. All other materials, not specifically described, but required for a complete and proper irrigation
system installation, shall be new, first quality of their respective kinds, and subject to the approval
of the County.

H. TRENCHING:
1. Trench widths in paved streets or in areas where proximity to other structures requires vertical
cuts, shall not be wider than is required for proper handling, jointing, and bedding of the pipe.

2. The bottom of the trenches shall be accurately graded to line and grade providing uniform bearing
and support for each section of the pipe on undisturbed soil, at every point along its entire length.
Depressions for joints shall be dug after the trench bottom has been graded and shall be only of
such length, depth, and width as required for properly making the particular type of joint. Care
shall be taken not to excavate below the depths indicated.

3. Where rock occurs in trench excavation, the rock shall be removed to a depth of six inches (6”)
(150mm) below the established grade line, and to a width of twelve inches (12”) (300mm) greater
than the outside diameter of the pipe to be installed in the trench.

4. Where excavation of trenches requires the removal of asphalt pavement, the pavement shall be
cut in a straight line along the edge of the excavation by use of a spade-bitted air hammer,
concrete saw, or similar approved equipment to obtain straight, square, and clean break; and,
after backfilling and subgrade preparations are completed, hot plant mix asphalt concrete shall
be replaced and compacted in accordance with the appropriate standard specification. Replaced
base course and asphalt shall match removed sections, with a minimum of two inches (2”) (51mm)
asphalt concrete over eight inches of suitable (8”) (203mm) base course.

5. Excess material, including rock, broken concrete, bituminous materials, debris, or other materials
not suitable for backfill, shall be removed from the site, and disposed of by the Contractor.

I. BORING:
1. Boring shall be used to route pipe, wiring, or both under concrete structures such as walks or
curbs where trenching is impractical. Sleeves shall be installed in all bored holes.

2. Boring shall be accomplished with a drill, auger, water jet, or any other instrument approved by
the City capable of producing a precise hole. Boring shall not disturb overlaying structures or cause
settlement and damage to those structures.

J. INSTALLATION OF PIPING:
1. Perform all trenching and backfilling as specified by the specifications in this Section.

2. Lay out the piping system in strict accordance with the plans. Where piping is shown on the plans
to be under paved areas, but running parallel and adjacent to planted areas, the intention is to
install the piping in the planted areas.

3. All mainlines and laterals shall be installed with twelve inches (12”) (304 mm) minimum cover,
and a maximum of eighteen inches (18”) (457 mm) cover, over the pipe.

4. All lines shall have a minimum clearance (horizontal and vertical) of four inches (4”) (100mm) of
adjacent pipe from each other, and six inches (6”) (150mm) from lines of other trades, except
through pipe sleeves. Parallel lines shall not be installed directly over one another.

5. Carefully inspect all pipe and fittings before installation, removing all dirt, scale, and burrs and
reaming as required; install all pipe with all markings up for visual inspection and verification.

K. INSTALLATION OF EQUIPMENT:
1. All fittings, valves, etc. shall be carefully placed in the trenches as shown on the plans.

a. All control wires shall be clearly labeled, by station, using weatherproof material, both at
the controller and at the valve. The outside cover of all automatic valve boxes shall also
have the station number clearly stamped on the cover.

b. All sprinklers, having adjustable nozzles, shall be adjusted for proper and adequate
distribution of the water over the coverage pattern of the sprinkler.

c. All nozzles on stationary pop-up sprinklers or stationary spray heads shall be tightened
after Installation. All sprinklers having an adjusting screw, adjusting stem, or adjusting
friction collars shall be adjusted as required for the proper arc of coverage, radius,
diameter, and/or gallonage discharge.

2. Lawn Sprinkler Heads
a. Install lawn sprinkler heads where indicated on the plans and in strict accordance with
the manufacturer’s recommendations.

b. Along walks and driveways where the finished grade is established, set all heads one quarter
inch (¼”) (5mm) below the surface of pavement at the time of installation and
one and one-half inches (1-1/2”) (40mm) from the pavement. Stake all temporary risers.

c. Set all heads to final grade where sod lawn will be installed.

d. Upon completion of the maintenance period, reset all lawn sprinkler heads flush with
grade and firmly anchor them with soil.
Builders Risk/Installation Floater —
Builders Risk/Installation Floater Provide coverage in full amount of contract.
Access to Records. The following access to records requirements apply to this contract —
1. The Contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
3. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
4. In compliance with the Disaster Recovery Act of 2018, the (write in name of the non- federal entity) and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval.
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.
Owner's Protective Liability —
Owner's Protective Liability $
System of Award Management (SAM) —
All respondents must be registered with the Federal System of Award Management (SAM) and be up to date on all registration of requirements at the time of contract award. Noncompliance will result in no award of contract for this submission.
Right to Reject —
The County reserves the right to waive informalities in a submission, to reject any or all submissions with or without cause, and accept the submission that in its judgment is in the best interest of the County.

SPECIFICATIONS FOR EROSION AND SEDIMENTATION CONTROL —

A. OBJECTIVE
1. Stormwater outfalls and adjacent drainage areas cleaning, maintenance, inspection, and related
services are critical components to keeping Santa Rosa County drainage systems and local
waterways clear. A recent survey of existing outfalls has shown a need for cleaning, maintenance,
inspection, and related services at or near the outfall structures. This will prevent backflow and
remove contaminants that could potentially result in an illicit discharge into the County’s ms4.
Best management practices have been incorporated into the County’s standard operating
procedures for illicit discharge detection to guide staff on identifying and preventing illicit
discharges during routine maintenance activities to ensure performance objectives are met and
to ensure the safety of the work crew and the general public. The County may choose, at its
discretion, to award a contract for any portion of the work, as is in the best interest of the County,
and may select to split the work and/or award multiple contracts in order to complete services,
as necessary.

B. GENERAL
1. The Contractor shall stake out the limits of the clearing and follow all state and local regulations
regarding the delineation of wetlands and applicable requirements to include permitting needs.

2. The work shown on the drawings and specified herein shall constitute the erosion control plan for
this project in conformance with the County’s Land Development Code and Florida Stormwater,
Erosion, and Sediment Control Inspector’s Manual Volume I and II, or the latest edition.

3. The Contractor shall provide at no additional cost to the County any other measures as may be
required to prevent erosion as a result of construction activity at the site.

4. Temporary erosion control measures shall include, but not be limited to, check dams, diversion
ditches, silt fences, rip rap, grass, mulches, mats, fabric, netting, construction entrances, or any
other methods or devices that are necessary to control or restrict erosion. Temporary erosion
control measures may include work outside the right-of-way or construction limits where such
work is necessary as a result of construction such as borrow pit operations, haul roads, plant sites,
equipment storage sites, and disposal of waste or debris. The Contractor shall be liable for all
damage to public or private property caused by silting or slides originating in areas used by the
Contractor.

5. Permanent or temporary soil stabilization, which includes seeding, mulching, or ground cover
sufficient to restrain erosion, must be applied to portions of the disturbed area as needed.

6. Maintain all disturbed soil areas until the site is completely stabilized. Fertilize, seed, and mulch
all disturbed as approved by Public Works Director.

7. When vegetation has become established remove any temporarily installed stormwater
protection bmp devices such as diversions, silt fences, or hay bales, and regrade and seed or
stabilize any resulting bare areas within 30-days.

8. Materials and facilities for temporary erosion control measures shall have been approved by the
County before being used. Any facilities or materials different from those shown on the drawings
or specified herein shall be submitted to the County for approval.

9. Materials and facilities for temporary erosion control measures shall have been approved by the
Public Works Director before being used. Any facilities or materials different from those shown
on the drawings or specified herein shall be submitted to the Public Works Director for approval.

10. Product Data: Submit manufacturer's technical data and material samples for silt fence fabrics,
ditch liner, filter cloth, matting for silt fence fabrics, and other manufactured materials if
requested.

11. Install construction entrances, silt fences, stone drains, check dams, and other measures as shown
on the approved plan. Clear only as required to install these devices. Seed temporary diversions,
berms, and basins immediately after construction.

C. TEMPORARY EROSION CONTROL MEASURES
1. General
a. All products must comply with Florida Stormwater, Erosion, and Sediment Control Inspector’s
Manual Volume I and II, or the latest edition.

b. Provide diversion ditches and berms as necessary to prevent the concentrated flow of water
across disturbed areas.

c. Stockpile excavated material on the opposite side of the utility trenches from the
watercourses to the extent that is permissible.

d. In the event that stockpiles are placed on the watercourse side of the trench, provide a silt
fence or silt berms with stone filter outlets along the entire length of the stockpile that is on
the watercourse side of the trench. The placement of these measures shall be at no additional
cost to the owner. Upon the completion of backfilling, the measures shall be removed, and
the site graded to its natural grade or as shown on plans.

e. Maintain natural buffer zones along all watercourses sufficient to retain all visible siltation
within the first 25% of the buffer width.

f. Provide a settling basin with a gravel filter outlet for all water pumped from trenches or
dewatering equipment. Pumping of that water directly into any stream, pond, or watercourse
is prohibited.

2. Temporary silt fencing
a. Provide and install a silt fence as necessary to prevent erosion.

b. Repair silt fence when any fabric collapses, tears, decomposes or becomes ineffective.

c. Remove sediment deposits when the sediment depth behind the fence reaches 6".

d. Filter fabric to be of polypropylene, nylon, polyester, or polyethylene yard with a standard
strength of 30 lb./in. Inch (minimum), 85% (minimum) filtering efficiency, and a slurry flow
rate of 0.3gal/sq. Ft. /minute (minimum). The fabric should contain ultraviolet ray inhibitors
and stabilizers to provide a minimum construction life of six months. Or alternatives as
approved by the Public Works Director.

e. Wood or steel posts to be spaced no more than 8 linear feet.

f. Install silt fence on the low side of stockpiles and in locations shown on the drawings. Extend
the fence around approximately 90% of the perimeter of the stockpile.

3. Check dams and stone drains

a. Class B erosion control stone shall be used.

b. Place filter fabric between soil, rip rap, and extend across the ditch.

c. Rip rap shall not exceed 24" in height at center and slope shall be 2:1.

d. Drainage stone, washed, uniformly graded mixture of crushed stone, or crushed or uncrushed
gravel conforming to Coarse Aggregate No. 57 or ASTM C33 to be used as specified.

e. Place riprap over the ditch banks to keep water from cutting around the dam.

4. Sediment traps
a. Strip topsoil and clear the area where the trap is to be located in accordance with Section 2:
Specifications for Clearing and Grubbing.

b. Place acceptable fill for the embankment in accordance with Section 2: Specifications for
Clearing and Grubbing. Overfill the embankment 6” to allow for settlement.

c. Construct the outlet section in the embankment. Place filter fabric between the soil and
riprap. Extend the fabric across the crest of the spillway foundation and sides of the
embankment.

d. Clear the pond area below the elevation of the crest of the spillway to facilitate sediment
cleanout.

e. The class B erosion control stone used in the stone section shall be a well-graded mixture of
stone with a d50 size of 9 and a maximum stone size of 14. Work the small stones into the
voids of the larger stones. Use no. 57 stone on the face of the spillway. Or alternatives as
approved by the Public Works Director.

f. Construct the stone spillway outlet section downstream past the toe of the embankment until
stable conditions are reached. Shape the center to confine the outflow stream.

g. Stream or ditch pipe crossings should be completed in one working day. Carefully stabilize
disturbed slopes by tamping with equipment buckets and mechanical or hand tamping.
Distribute topsoil evenly on slopes and tamp.

h. Where riprap is required, carefully place it as shown in the details.

i. Fertilize, seed, and mulch each crossing's slopes as soon as practicable after completing the
crossing and in no case more than two weeks after disturbance of the slopes.

j. Install Excelsior blankets where indicated and immediately after permanent seeding in
accordance with the manufacturer's recommendations. Blankets shall be installed with the
netting on top and the fibers in contact with the soil over the entire area. When excelsior
blankets are installed in ditches, they shall be applied in the direction of the flow of water.
When installed on slopes, the blankets shall be applied either horizontally or vertically, and
the end and sides shall be butted snugly and stapled in accordance the with manufacturer's
recommendations. Or other products approved by the Public Works Director or designee.

k. The Contractor shall acceptably maintain erosion control measures installed by the
Contractor.

5. Fabric inlet protection
a. Space 2 x 4” wood (or equivalent metal) stakes evenly around the perimeter of the inlet a
maximum of three feet apart, and securely drive them into the ground a minimum of 24”
deep.

b. To provide needed stability, frame with 2 x 4” wood strips around the crest of the overflow
area at a maximum of 1.5’ above the drop inlet crest.

c. Place the bottom 12” of fabric in a trench and backfill the trench with at least 4” of crushed
stone or 12” of compacted soil.

d. Fasten fabric securely to the stakes and frame so that joints overlap with the next stake.

e. It may be required to build a dike on the down-slope side of the inlet to prevent bypass flow.

f. Separator geotextile fabric shall be a woven slit film or monofilament synthetic fabric
consisting of polyester or polypropylene to be approved by the Public Works Director or
designee. Geotextile shall be treated to resist degradation due to exposure to ultraviolet light.

6. Curb inlet protection
a. Lay concrete blocks on pavement 6” from the curb inlet. Place blocks against the drain inlet
for lateral support.

b. Place at least one concrete block on its side in each bottom row of blocks.

c. Place wire mesh with 1/2” openings over all block openings used for drainage.

D. PERMANENT EROSION CONTROL MEASURES
1. Pipe outlet stabilization
a. Ensure that the subgrade for the riprap and filter fabric follows the required lines and grades
as shown on the drawings. Compact any fill required in the subgrade to the density of the
surrounding undisturbed soil. Low areas in the subgrade on undisturbed soil shall be filled by
increasing the thickness of the riprap.

b. The riprap and filter fabric shall conform to the specified grade and dimension as shown on
the drawings.

c. Riprap may be placed by machine but take care to avoid damaging the filter fabric.

d. The filter fabric shall be protected from puncturing and tearing during installation. Repair
damaged fabric by removing the riprap and placing a new piece of fabric over the damaged
area. All connecting joints shall overlap a minimum of 12” in all directions. Replace the entire
filter fabric as directed by the Public Works Director.

e. The minimum thickness of the riprap shall be 1.5 times the maximum stone diameter.

f. Construct the apron on zero grade with no overfall at the end. The top of the riprap at the
downstream end shall be level with the receiving area.

g. Construct the apron so it is properly aligned with the receiving water body.

h. Immediately after construction, stabilize all disturbed areas with the approved vegetative
cover.

E. MAINTENANCE PLAN
1. General
a. Maintenance period is considered 3-months following substantial completion or up to final
acceptance whichever is greater.

b. All erosion control measures shall be inspected weekly and after each rainfall. All needed
repairs shall be made immediately to prevent further damage and erosion. Structures and
measures that shall be inspected include:

1. Seeding, fertilizing, and mulching

2. Seeded areas shall be inspected for failure and necessary repairs shall be made within the
same season, if possible.

3. Silt fence

a. Any fabric that collapses, tears, decomposes, or becomes ineffective, will be replaced
immediately. Remove sediment deposits behind fence when sediment accumulates to 6".

4. Rock check dams and stone drains

a. Inspect for significant erosion around the edges and between dams. Install protective
riprap liners in portions of the channel where erosion occurs. Remove sediment
accumulated behind the dams as required to prevent damage to channel vegetation. Add
stones to dams as required to maintain design height and cross-section.

5. Sediment traps
a. Sediment shall be removed from the trap and the trap shall be restored to its original
constructed condition when one foot of sediment has accumulated in the trap. The
sediment will be disposed of, and the contaminated part of the gravel will be replaced.
The structure shall be checked for damage and the spillway shall be maintained at a
minimum of 1.5 feet below the low point of the embankment. Damage shall be repaired
immediately and when settlement of the embankment occurs, fill shall be placed 6” above
the design grade. The riprap will be replaced when displaced from the spillway.

6. Inlet protection
a. Replace any fabric that collapses, tears, decomposes, or becomes ineffective immediately.
Remove sediment deposits behind fence when sediment accumulates to 6”.

7. Pipe outlet stabilization
a. Inspect the riprap structure after heavy rains to see if there is any erosion around or below
the structure or if stones have been dislodged. Immediately make all necessary repairs to
prevent future damage.

8. Seeding Schedule

Dates	Seeding Species	Application Rate
Jan 1 – Mar. 31	Winter Rye	120 lbs./acre
	Pensacola Bahia	50 lbs./acre
	Seed Oats	120 lbs./acre
April 1 – Sept 30	Brown Top Millet	120 lbs./acre
	Pensacola Bahia	50 lbs./acre
	Bermuda Grass	50 lbs./acre
Oct 1 – Dec 31	Winter Rye	120 lbs./acre
	Pensacola Bahia	50 lbs./acre
	Crimson Clover	120 lbs./acre

a. Mulch immediately after seeding and anchor mulch.

b. Uniformly spread the mulching material over the designated areas to a loose depth of ½” to
1-1/2”. Loosen or make fluffy the mulch material from compacted bales before spreading it
in place. Unless directed otherwise, begin mulching at the top of the slopes and proceed
downward.

c. Anchor straw by one of the following methods:
1. Netting - Securely anchor straw or hay mulch by using approved netting anchored to
the ground with pegs or staples to prevent it from floating as the vegetation grows.
Instead of this anchorage, the Contractor must submit alternative methods to secure
mulch such as by heavy biodegradable twine fastened by pegs or staples to form a
grid with 6’-10’ spacing for approval by the Road and Bridge Director.

2. Tackifier - Treat straw or hay with a tackifier. Blow from a machine, and uniformly
deposit over designated areas in one operation. The Contractor may apply the
tackifier as an overspray in a separate operation after placing the straw or hay.

3. Crimping - Immediately after spreading, anchor the mulch in the soil by using a mulch
crimper consisting of a series of dull, flat discs with notched edges. Space the 20”
diameter discs at about 8“ centers. Equip the crimper with a ballast compartment to
allow adjusting the weight for depth control. Impress the mulch into the soil 1-1/2”
to 2-1/2” deep in one pass of the crimper. This process may require more than one
pass of the crimper to ensure adequate anchoring of the mulch.

d. Inspect all seeded areas and make necessary repairs or reseeding within the planting season,
if possible. If the stand is less than 60% established, the entire area shall be reseeded
according to specifications using the original lime, fertilizer, and seeding rates.

e. Sow seeds with a spreader or a seeding machine. Do not broadcast or drop seed when wind
velocity exceeds 5 mph (8 km/h). Evenly distribute seed by sowing equal quantities in 2
directions at right angles to each other. Do not use wet seed or seed that is moldy or otherwise
damaged in transit or storage.

f. Rake seeds lightly into the top 1/8” (3 mm) of topsoil, roll lightly, and water with a fine spray.

g. Protect seeded slopes exceeding 1:4 against erosion with erosion control blankets installed
and stapled according to the manufacturer's recommendations. Protect seeded areas with
slopes less than 1:6 against erosion by spreading straw mulch after the completion of seeding.

h. If growth is less than fully adequate, County may request the Contractor to fertilize, according
to soil tests, or top-dress with 500 lbs. /acre 101010 fertilizer. Reseed, fertilize, and mulch
damaged areas immediately.

i. Harvest, deliver, store, and handle sod according to the requirements of the American Sod
Producers Association's (ASPA) "Specifications for Turfgrass Sod Materials and
Transplanting/Installing. " Install approved sod species in continuous rows with tight uniform
joints. Stagger rows to offset horizontal joints. All sod should be delivered to the job site the
same day or within 24-hours from being harvested and shall be installed the same day as
delivered. Do not install sod onto saturated muddy soil. Water sod lightly and roll sod
immediately following installation. Deviations from this must be approved by the Public
Works Director or designee.

Excess/Umbrella Liability —
Excess/Umbrella Liability $
Disqualification of Respondents —
Any of the following reasons may be considered as sufficient for the disqualification of a respondent and the rejection of its response:
- Submission of more than one response for the same work from an individual, firm, or corporation under the same or different name. Evidence that the respondent has a financial interest in the firm of another respondent for the same work.
- Evidence of collusion among respondents. Participants in such collusion will receive no recognition as respondents for any future work of the County until such participant has been reinstated as a qualified respondent.
- Incomplete work which in the judgment of the County might hinder or prevent the respondents prompt completion of additional work if awarded.
- Failure to pay or satisfactorily settle all bills due for labor and material on contracts in effect at the time of issuing the solicitation or default under previous contract.
- Listing of the respondent by any Local, State or Federal Government/Agency on its debarred/suspended vendor list.
Procurement of Recovered Materials —
All respondents must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
Discrimination —
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a response on a contract to provide goods or services to a public entity for the construction or repair of a public building or public work, may not submit responses 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.
Domestic preference —
Although the County has no local preference, in accordance with 2CFR 200.322, the County may consider preference for the use of products and materials produced in the United States.
Contract with the Enemy —
In accordance with 2CFR 200.215, it is acknowledged that no services under this contract are to be performed outside the United States and its territories nor in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities.
Review of Procurement Documents —
Per Section 119.071 (1)(b)-2., Florida Statutes, sealed bids, proposals, or replies received by the County pursuant to a competitive solicitation are exempt from public disclosure until such time as the County provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.
Compliance with Florida Statute 119.0701 —
The Respondent shall comply with all the provisions of section 119.0701, Florida Statutes relating to the public records which requires, among other things, that the Respondent: (a) Keep and maintain public records; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the respondent upon termination of the contract.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (850) 983-1857, susant@santarosa.fl.gov; 6495 CAROLINE STREET, SUITE M, MILTON, FLORIDA 32570.
Unauthorized Aliens/Patriot's Act —
Knowing employment by respondent or its subcontractors of any alien not authorized to work by the immigration laws is prohibited and shall be a default of the contract. If the respondent is notified or becomes aware of such default, the respondent shall take steps as are necessary to terminate said employment with 24 hours of notification or actual knowledge that an alien is being employed. Respondent's failure to take such steps as are necessary to terminate the employment of any said alien within 24 hours notification or actual knowledge that an alien is being employed shall be grounds for immediate termination of the contract. Respondent shall take all commercially reasonable precautions to ensure that it and its subcontractors do not employ persons who are not authorized to work by the immigration laws.
Suspension or Termination for Convenience —
The County may, at any time, without cause, order Respondent in writing to suspend, delay or interrupt the work in whole or in part for such period as the County may determine, or to terminate all or a portion of the Contract for the County’s convenience. Upon such termination, the Contract Price earned to the date of termination shall be paid to Respondent, but Respondent waives any claim for damages, including loss of profits arising out of or related to the early termination. Those Contract provisions which by their nature survive final acceptance shall remain in full force and effect. If the County orders a suspension, the Contract price and Contract time may be adjusted for increases in the cost and time caused by suspension, delay, or interruption. No adjustment shall be made to the extent that performance is, was or would have been so suspended, delayed or interrupted by reason for which Respondent is responsible; or that an equitable adjustment is made or denied under another provision of this Contract.
Protection of Resident Workers —
The Santa Rosa County Board of County Commissioners actively supports the immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verifications, and nondiscrimination. Under the INA, employers may hire only persons who may legally work int he 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 hired, which includes completing the Employment Eligibility Verifications. The respondent 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. Santa Rosa County reserves the right to request documentation shoeing compliance with the requirements.
Respondents doing construction business with Santa Rosa County are required to use the Federal Government Department of Homeland Security's website and use the E-Verify Employment Eligibility Verifications System to confirm eligibility of all employees to work in the United States.
Buy America (Build America, Buy America Act (Public Law 117-58, 29 U.S.C. § 50101. Executive Order 14005) —
Applies to purchases of iron, steel, manufactured products and construction materials permanently incorporated into infrastructure projects, where federal grant funding agency requires it or if the grant funds which may come from any federal agency, but most commonly: the U.S. Environmental Protection Agency (EPA), the U.S. Federal Transit Administration (FTA), the US Federal Highway Administration (FHWA), the U.S. Federal Railroad Administration (FRA), Amtrack and the U.S. Federal Aviation Administration (FAA). Requirement: All iron, steel, manufactured products and construction materials used under a federally grant funded project must be produced in the United States. Additional requirements may apply depending on the Federal Granting Agency provisions. Proposers shall be required to submit a completed Buy America Certificate with this procurement, an incomplete certificate may deem the proposer’s submittal non-responsive.
Failure of Performance/Delivery —
In case of default by the Vendor, the County after due notice (oral or written) may procure the necessary supplies or services from other sources and hold the Vendor responsible for difference in cost incurred. Continuous instances of default shall result in cancellation of the award and removal of the Vendor from the response list for duration of one (1) year, at the option of the County.
Audit —
If requested, respondent shall permit the County or an authorized, independent audit agency to inspect all data and records of respondent relating to its performance and its subcontracts under this bid from the date of the award through three (3) years after the expiration of contract.
Equal Employment Opportunity (2 CFR Part 200, Appendix II(C); 41 CFR § 61-1.4; 41 CFR 61-4.3; Executive Order 11246). —
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.
(3) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
§ 200.322 Domestic preferences for procurements —
(a) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards, contracts, and purchase orders under Federal awards.
(b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
(c) Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184.
Non-Collusion —
Respondent certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act which may result in an unfair advantage over other respondents. See Florida Statute 838.22.
§ 200.216 Prohibition on certain telecommunications and video surveillance equipment or services. —
(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain covered telecommunications equipment or services;
(2) Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or
(3) Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.
(b) As described in section 889 of Public Law 115-232, “covered telecommunications equipment or services” means any of the following:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment;
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country;
(c) For the purposes of this section, “covered telecommunications equipment or services” also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(d) In implementing the prohibition under section 889 of Public Law 115-232, heads of executive agencies administering loan, grant, or subsidy programs must prioritize available funding and technical support to assist affected businesses, institutions, and organizations as is reasonably necessary for those affected entities to transition from covered telecommunications equipment or services, to procure replacement equipment or services, and to ensure that communications service to users and customers is sustained.
(e) When the recipient or subrecipient accepts a loan or grant, it is certifying that it will comply with the prohibition on covered telecommunications equipment and services in this section. The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunications equipment or services beyond the certification provided upon accepting the loan or grant and those provided upon submitting payment requests and financial reports.
(f) For additional information, see section 889 of Public Law 115-232 and § 200.471.
Public Entity Crime Information —
Pursuant to Florida Statute 287.133, a respondent may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity more than the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.
Note: For respondent’s convenience, this certification form is enclosed and is made a part of the solicitation package.
Investigation of Respondent —
The County may make such investigations, as it deems necessary to determine the stability of the respondent to perform the work and that there is no conflict of interest. The respondent shall furnish to the County any additional information and financial data for this purpose as the County may request.
PART 401—RIGHTS TO INVENTIONS MADE BY NONPROFIT ORGANIZATIONS AND SMALL BUSINESS FIRMS UNDER GOVERNMENT GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS —
Authority:35 U.S.C. 206; DOO 30-2A.
Source:52 FR 8554, Mar. 18, 1987, unless otherwise noted.
§ 401.1 Scope.
1. (a) Traditionally there have been no conditions imposed by the government on research performers while using private facilities which would preclude them from accepting research funding from other sources to expand, to aid in completing or to conduct separate investigations closely related to research activities sponsored by the government. Notwithstanding the right of research organizations to accept supplemental funding from other sources for the purpose of expediting or more comprehensively accomplishing the research objectives of the government sponsored project, it is clear that the ownership provisions of these regulations would remain applicable in any invention “conceived or first actually reduced to practice in performance” of the project. Separate accounting for the two funds used to support the project in this case is not a determining factor.
(1) To the extent that a non-government sponsor established a project which, although closely related, falls outside the planned and committed activities of a government-funded project and does not diminish or distract from the performance of such activities, inventions made in performance of the non-government sponsored project would not be subject to the conditions of these regulations. An example of such related but separate projects would be a government sponsored project having research objectives to expand scientific understanding in a field and a closely related industry sponsored project having as its objectives the application of such new knowledge to develop usable new technology. The time relationship in conducting the two projects and the use of new fundamental knowledge from one in the performance of the other are not important determinants since most inventions rest on a knowledge base built up by numerous independent research efforts extending over many years. Should such an invention be claimed by the performing organization to be the product of non-government sponsored research and be challenged by the sponsoring agency as being reportable to the government as a “subject invention”, the challenge is appealable as described in § 401.11(d).
(2) An invention which is made outside of the research activities of a government-funded project is not viewed as a “subject invention” since it cannot be shown to have been “conceived or first actually reduced to practice” in performance of the project. An obvious example of this is a situation where an instrument purchased with government funds is later used, without interference with or cost to the government funded project, in making an invention all expenses of which involve only non-government funds.
2. (b) This part implements 35 U.S.C. 202 through 204 and is applicable to any funding agreement with a nonprofit organization or small business firm as defined by 35 U.S.C. 201, except for an agreement made primarily for educational purposes under 35 U.S.C. 212. This part also applies to any funding agreement with business firms regardless of size in accordance with section 1, paragraph (b)(4) of Executive Order 12591, as amended by Executive Order 12618, unless directed otherwise pursuant to NASA or DOE vesting statutes.
3. (c) This regulation supersedes OMB Circular A-124 and shall take precedence over any regulations or other guidance dealing with ownership of inventions made by businesses and nonprofit organizations which are inconsistent with it. Only deviations requested by a contractor and not inconsistent with Chapter 18 of Title 35, United States Code, may be made without approval of the Secretary. Modifications or tailoring of clauses as authorized by § 401.5 or 401.3, when alternate provisions are used under § 401.3(a)(1) through (6), are not considered deviations requiring the Secretary's approval.
4. (d) This part is not intended to apply to arrangements under which nonprofit organizations, small business firms, or others are allowed to use government-owned research facilities and normal technical assistance provided to users of those facilities, whether on a reimbursable or nonreimbursable basis. This part is also not intended to apply to arrangements under which sponsors reimburse the government or facility contractor for the contractor employee's time in performing work for the sponsor. Such arrangements are not considered “funding agreements” as defined at 35 U.S.C. 201(b) and § 401.2(a).
[88 FR 17735, Mar. 24, 2023]
§ 401.2 Definitions.
In addition to the definitions in 35 U.S.C. 201, as used in this part—
5. (a) The term funding agreement means any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
6. (b) The term contractor means any person, small business firm or nonprofit organization, or, as set forth in section 1, paragraph (b)(4) of Executive Order 12591, as amended, any business firm regardless of size, which is a party to a funding agreement.
7. (c) The term invention means any invention or discovery which is or may be patentable or otherwise protectable under Title 35 of the United States Code, or any novel variety of plant which is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
8. (d) The term subject invention means any invention of a contractor conceived or first actually reduced to practice in the performance of work under a funding agreement; provided that in the case of a variety of plant, the date of determination (as defined in section 41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur during the period of contract performance.
9. (e) The term practical application means to manufacture in the case of a composition of product, to practice in the case of a process or method, or to operate in the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are, to the extent permitted by law or government regulations, available to the public on reasonable terms.
10. (f) The term made when used in relation to any invention means the conception or first actual reduction to practice of such invention.
11. (g) The term small business firm means a small business concern as defined at section 2 of Pub. L. 85-536 (15 U.S.C. 632) and implementing regulations of the Administrator of the Small Business Administration. For the purpose of this part, the size standards for small business concerns involved in government procurement and subcontracting at 13 CFR 121.5 will be used.
12. (h) The term nonprofit organization means universities and other institutions of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)) or any nonprofit scientific or educational organization qualified under a state nonprofit organization statute.
13. (i) The term Chapter 18 means Chapter 18 of Title 35 of the United States Code.
14. (j) The term Secretary means the Director of the National Institute of Standards and Technology.
15. (k) The term electronically filed means any submission of information transmitted by an electronic system.
16. (l) The term electronic system means a software-based system approved by the agency for the transmission of information.
17. (m) The term patent application or “application for patent” may be the following:
(1) A United States provisional application as defined in 37 CFR 1.9(a)(2) and filed under 35 U.S.C. 111(b); or
(2) A United States nonprovisional application as defined in 37 CFR 1.9(a)(3) and filed under 35 U.S.C. 111(a); or
(3) A patent application filed in a foreign country or an international patent office; or
(4) An application for a Plant Variety Protection certificate.
18. (n) The term initial patent application means, as to a given subject invention:
(1) The first United States provisional application as defined in 37 CFR 1.9(a)(2) and filed under 35 U.S.C. 111(b); or
(2) The first United States nonprovisional application as defined in 37 CFR 1.9(a)(3) and filed under 35 U.S.C. 111(a); or
(3) The first patent application filed under the Patent Cooperation Treaty as defined in 37 CFR 1.9(b); or
(4) The first application for a Plant Variety Protection certificate.
19. (o) The term statutory period means the one-year period before the effective filing date of a claimed invention in a patent application during which exceptions to prior art exist per 35 U.S.C. 102(b) as amended by the Leahy-Smith America Invents Act, Public Law 112-29.
[52 FR 8554, Mar. 18, 1987, as amended at 60 FR 41812, Aug. 14, 1995; 78 FR 4766, Jan. 23, 2013; 83 FR 15958, Apr. 13, 2018; 88 FR 17735, Mar. 24, 2023]
§ 401.3 Use of the standard clauses at § 401.14.
20. (a) Each funding agreement awarded to a contractor (except those subject to 35 U.S.C. 212) shall contain the clause found in § 401.14 with such modifications and tailoring as authorized or required elsewhere in this part. However, a funding agreement may contain alternative provisions—
(1) When the contractor is not located in the United States or does not have a place of business located in the United States or is subject to the control of a foreign government; or
(2) In exceptional circumstances when it is determined by the agency that restriction or elimination of the right to retain title to any subject invention will better promote the policy and objectives of Chapter 18 of Title 35 of the United States Code; or
(3) When it is determined by a government authority which is authorized by statute or executive order to conduct foreign intelligence or counterintelligence activities that the restriction or elimination of the right to retain title to any subject invention is necessary to protect the security to such activities; or
(4) When the funding agreement includes the operation of the government-owned, contractor-operated facility of the Department of Energy primarily dedicated to that Department's naval nuclear propulsion or weapons related programs and all funding agreement limitations under this subparagraph on the contractor's right to elect title to a subject invention are limited to inventions occurring under the above two programs; or
(5) If any part of the contract may require the contractor to perform work on behalf of the Government at a Government laboratory under a Cooperative Research and Development Agreement (CRADA) pursuant to the statutory authority of 15 U.S.C. 3710a; or
(6) If the contract provides for services and the contractor is not a nonprofit organization and does not promote the commercialization and public availability of subject inventions pursuant to 35 U.S.C. 200.
21. (b) When an agency exercises the exceptions at paragraph (a)(2), (3), (5), or (6) of this section, it shall use the standard clause at § 401.14 with only such modifications as are necessary to address the exceptional circumstances or concerns which led to the use of the exception. For example, if the justification relates to a particular field of use or market, the clause might be modified along lines similar to those described in paragraph (c) of this section. In any event, the clause should provide the contractor with an opportunity to receive greater rights in accordance with the procedures at § 401.15. When an agency justifies and exercises the exception at paragraph (a)(2) of this section and uses an alternative provision in the funding agreement on the basis of national security, the provision shall provide the contractor with the right to elect ownership to any invention made under such funding agreement as provided by the Standard Patent Rights Clause found at § 401.14 if the invention is not classified by the agency within six months of the date it is reported to the agency, or within the same time period the Department of Energy does not, as authorized by regulation, law or Executive order or implementing regulations thereto, prohibit unauthorized dissemination of the invention. Contracts in support of DOE's naval nuclear propulsion program are exempted from this paragraph (b).
22. (c) When the Department of Energy (DOE) determines to use alternative provisions under paragraph (a)(4) of this section, the standard clause at § 401.14 shall be used with the following modifications, or substitute thereto with such modification and tailoring as authorized or required elsewhere in this part:
(1) The title of the clause shall be changed to read as follows: Patent Rights to Nonprofit DOE Facility Operators.
(2) Add an “(A)” after “(1)” in paragraph (c)(1) of the clause in § 401.14 and add paragraphs (B) and (C) to paragraph (c)(1) of the clause in § 401.14 as follows:
(B) If the subject invention occurred under activities funded by the naval nuclear propulsion or weapons related programs of DOE, then the provisions of this paragraph (c)(1)(B) will apply in lieu of paragraphs (c)(2) and (3) of this clause. In such cases the contractor agrees to assign the government the entire right, title, and interest thereto throughout the world in and to the subject invention except to the extent that rights are retained by the contractor through a greater rights determination or under paragraph (e) of this clause. The contractor, or an employee-inventor, with authorization of the contractor, may submit a request for greater rights at the time the invention is disclosed or within a reasonable time thereafter. DOE will process such a request in accordance with procedures at 37 CFR 401.15. Each determination of greater rights will be subject to paragraphs (h) through (k) of this clause and such additional conditions, if any, deemed to be appropriate by the Department of Energy.
(C) At the time an invention is disclosed in accordance with paragraph (c)(1)(A) of this clause, or within 90 days thereafter, the contractor will submit a written statement as to whether or not the invention occurred under a naval nuclear propulsion or weapons-related program of the Department of Energy. If this statement is not filed within this time, paragraph (c)(1)(B) of this clause will apply in lieu of paragraphs (c)(2) and (3) of this clause. The contractor statement will be deemed conclusive unless, within 60 days thereafter, the Contracting Officer disagrees in writing, in which case the determination of the Contracting Officer will be deemed conclusive unless the contractor files a claim under the Contract Disputes Act within 60 days after the Contracting Officer's determination. Pending resolution of the matter, the invention will be subject to paragraph (c)(1)(B) of this clause.
(3) Paragraph (k)(3) of the clause in § 401.14 will be modified as prescribed at § 401.5(f).
23. (d) When a funding agreement involves a series of separate task orders, an agency may apply the exceptions at paragraph (a)(2) or (3) of this section to individual task orders, and it may structure the contract so that modified patent rights provisions will apply to the task order even though either the standard clause at § 401.14 or the modified clause as described in paragraph (c) of this section is applicable to the remainder of the work. Agencies are authorized to negotiate such modified provisions with respect to task orders added to a funding agreement after its initial award.
24. (e) Before utilizing any of the exceptions in § 401.3(a) of this section, the agency shall prepare a written determination, including a statement of facts supporting the determination, that the conditions identified in the exception exist. A separate statement of facts shall be prepared for each exceptional circumstances determination, except that in appropriate cases a single determination may apply to both a funding agreement and any subcontracts issued under it or to any funding agreement to which such an exception is applicable. In cases when § 401.3(a)(2) is used, the determination shall also include an analysis justifying the determination. This analysis should address with specificity how the alternate provisions will better achieve the objectives set forth in 35 U.S.C. 200. A copy of each determination, statement of facts, and, if applicable, analysis shall be promptly provided to the contractor or prospective contractor along with a notification to the contractor or prospective contractor of its rights to appeal the determination of the exception under 35 U.S.C. 202(b)(4) and § 401.4 of this part.
25. (f) Except for determinations under § 401.3(a)(3), the agency shall also provide copies of each determination, statement of fact, and analysis to the Secretary. These shall be sent within 30 days after the award of the funding agreement to which they pertain. Copies shall also be sent to the Chief Counsel for Advocacy of the Small Business Administration if the funding agreement is with a small business firm. If the Secretary believes that any individual determination or pattern of determinations is contrary to the policies and objectives of this chapter or otherwise not in conformance with this chapter, the Secretary shall so advise the head of the agency concerned and the Administrator of the Office of Federal Procurement Policy and recommend corrective actions.
26. (g) A prospective contractor may be required by an agency to certify that it is either a small business firm or a nonprofit organization. If the agency has reason to question the status of the prospective contractor, it may require the prospective contractor to furnish evidence to establish its status.
27. (h) When an agency exercises the exception at paragraph (a)(5) of this section, replace paragraph (b) of the basic clause in § 401.14 with the following paragraphs (b)(1) and (2):
(b) Allocation of principal rights. (1) The Contractor may retain the entire right, title, and interest throughout the world to each subject invention subject to the provisions of this clause, including paragraph (b)(2) of this clause, and 35 U.S.C. 203. With respect to any subject invention in which the Contractor retains title, the Federal Government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the United States the subject invention throughout the world.
(2) If the Contractor performs services at a Government owned and operated laboratory or at a Government owned and contractor operated laboratory directed by the Government to fulfill the Government's obligations under a Cooperative Research and Development Agreement (CRADA) authorized by 15 U.S.C. 3710a, the Government may require the Contractor to negotiate an agreement with the CRADA collaborating party or parties regarding the allocation of rights to any subject invention the Contractor makes, solely or jointly, under the CRADA. The agreement shall be negotiated prior to the Contractor undertaking the CRADA work or, with the permission of the Government, upon the identification of a subject invention. In the absence of such an agreement, the Contractor agrees to grant the collaborating party or parties an option for a license in its inventions of the same scope and terms set forth in the CRADA for inventions made by the Government.
[52 FR 8554, Mar. 18, 1987, as amended at 69 FR 17301, Apr. 2, 2004; 83 FR 15959, Apr. 13, 2018; 88 FR 17736, Mar. 24, 2023]
§ 401.4 Contractor appeals of exceptions.
28. (a) In accordance with 35 U.S.C. 202(b)(3) a contractor has the right to an administrative review of a determination to use one of the exceptions at § 401.3(a)(1) through (6) if the contractor believes that a determination is either contrary to the policies and objectives of this chapter or constitutes an abuse of discretion by the agency. Paragraph (b) of this section specifies the procedures to be followed by contractors and agencies in such cases. The assertion of such a claim by the contractor shall not be used as a basis for withholding or delaying the award of a funding agreement or for suspending performance under an award. Pending final resolution of the claim the contract may be issued with the patent rights provision proposed by the agency; however, should the final decision be in favor of the contractor, the funding agreement will be amended accordingly and the amendment made retroactive to the effective date of the funding agreement.
29. (b)
(1) A contractor may appeal a determination by providing written notice to the agency within 30 working days from the time it receives a copy of the agency's determination, or within such longer time as an agency may specify in its regulations. The contractor's notice should specifically identify the basis for the appeal.
(2) The appeal shall be decided by the head of the agency or by his/her designee who is at a level above the person who made the determination. If the notice raises a genuine dispute over the material facts, the head of the agency or the designee shall undertake, or refer the matter for, fact-finding.
(3) Fact-finding shall be conducted in accordance with procedures established by the agency. Such procedures shall be as informal as practicable and be consistent with principles of fundamental fairness. The procedures should afford the contractor the opportunity to appear with counsel, submit documentary evidence, present witnesses and confront such persons as the agency may rely upon. A transcribed record shall be made and shall be available at cost to the contractor upon request. The requirement for a transcribed record may be waived by mutual agreement of the contractor and the agency.
(4) The official conducting the fact-finding shall prepare or adopt written findings of fact and transmit them to the head of the agency or designee promptly after the conclusion of the fact-finding proceeding along with a recommended decision. A copy of the findings of fact and recommended decision shall be sent to the contractor by registered or certified mail.
(5) Fact-finding should be completed within 45 working days from the date the agency receives the contractor's written notice.
(6) When fact-finding has been conducted, the head of the agency or designee shall base his or her decision on the facts found, together with any argument submitted by the contractor, agency officials or any other information in the administrative record. In cases referred for fact-finding, the agency head or the designee may reject only those facts that have been found to be clearly erroneous, but must explicitly state the rejection and indicate the basis for the contrary finding. The agency head or the designee may hear oral arguments after fact-finding provided that the contractor or contractor's attorney or representative is present and given an opportunity to make arguments and rebuttal. The decision of the agency head or the designee shall be in writing and, if it is unfavorable to the contractor shall include an explanation of the basis of the decision. The decision of the agency or designee shall be made within 30 working days after fact-finding or, if there was no fact-finding, within 45 working days from the date the agency received the contractor's written notice. A contractor adversely affected by a determination under this section may, at any time within sixty days after the determination is issued, file a petition in the United States Court of Federal Claims, which shall have jurisdiction to determine the appeal on the record and to affirm, reverse, remand, or modify as appropriate, the determination of the Federal agency.
[52 FR 8554, Mar. 18, 1987, as amended at 83 FR 15960, Apr. 13, 2018; 88 FR 17736, Mar. 24, 2023]
§ 401.5 Modification and tailoring of clauses.
30. (a) Agencies should complete the blank in paragraph (g)(2) of the clauses at § 401.14 in accordance with their own or applicable government-wide regulations such as the Federal Acquisition Regulation. If the funding agreement is a grant or cooperative agreement, paragraph (g)(3) of the clause may be deleted.
31. (b) Agencies should complete paragraph (l) of the clause in § 401.14, “Communication,” by designating a central point of contact for communications on matters relating to the clause. Agencies may also include additional information on communications in paragraph (l) of the clause in § 401.14.
32. (c) Agencies may replace the italicized words and phrases in the clause at § 401.14 with those appropriate to the particular funding agreement. For example, “contractor” could be replaced by “grantee.” Depending on its use, “agency” or “Federal agency” can be replaced either by the identification of the agency or by the specification of the particular office or official within the agency.
33. (d)
(1) When the agency head or duly authorized designee determines at the time of contracting that it would be in the national interest to acquire the right to sublicense foreign governments, their nationals, or international organizations in accordance with any existing treaty or international agreement, a sentence may be added at the end of paragraph (b) of the clause at § 401.14 as follows:
This license will include the right of the government to sublicense foreign governments, their nationals, and international organizations, in accordance with the following treaties or international agreements: ________.
(2) The blank in the added text in paragraph (d)(1) of this section should be completed with the names of applicable existing treaties or international agreements, including agreements of cooperation, and military agreements relating to weapons development and production. The added language is not intended to encompass treaties or other agreements that are in effect on the date of the award but which are not listed. Alternatively, agencies may use substantially similar language relating the government's rights to specific treaties or other agreements identified elsewhere in the funding agreement. The language may also be modified to make clear that the rights granted to the foreign government, and its nationals or an international organization may be for additional rights beyond a license or sublicense if so required by the applicable treaty or other international agreement. For example, in some cases exclusive licenses or even the assignment of title to the foreign country involved might be required. Agencies may also modify the added language to provide for the direct licensing by the contractor of the foreign government or international organization.
34. (e) If the funding agreement involves performance over an extended period of time, such as the typical funding agreement for the operation of a government-owned facility, the following language may also be added:
The agency reserves the right to unilaterally amend this funding agreement to identify specific treaties or international agreements entered into or to be entered into by the government after the effective date of this funding agreement and effectuate those license or other rights which are necessary for the government to meet its obligations to foreign governments, and international organizations under such treaties or international agreements with respect to subject inventions made after the date of the amendment.
35. (f) If the contract is with a nonprofit organization and is for the operation of a government-owned, contractor-operated facility, the following will be substituted for the text of paragraph (k)(3) of the clause at § 401.14:
After payment of patenting costs, licensing costs, payments to inventors, and other expenses incidental to the administration of subject inventions, the balance of any royalties or income earned and retained by the contractor during any fiscal year on subject inventions under this or any successor contract containing the same requirement, up to any amount equal to five percent of the budget of the facility for that fiscal year, shall be used by the contractor for scientific research, development, and education consistent with the research and development mission and objectives of the facility, including activities that increase the licensing potential of other inventions of the facility. If the balance exceeds five percent, 15 percent of the excess above five percent shall be paid by the contractor to the Treasury of the United States and the remaining 85 percent shall be used by the contractor only for the same purposes as described in the preceding sentence. To the extent it provides the most effective technology transfer, the licensing of subject inventions shall be administered by contractor employees on location at the facility.
36. (g) If the contract is for the operation of a government-owned facility, agencies may add paragraph (f)(5) to the clause at § 401.14 with the following text:
The contractor shall establish and maintain active and effective procedures to ensure that subject inventions are promptly identified and timely disclosed and shall submit a description of the procedures to the contracting officer so that the contracting officer may evaluate and determine their effectiveness.
[83 FR 15960, Apr. 13, 2018, as amended at 88 FR 17736, Mar. 24, 2023]
§ 401.6 Exercise of march-in rights.
37. (a) The following procedures shall govern the exercise of the march-in rights of the agencies set forth in 35 U.S.C. 203 and paragraph (j) of the clause at § 401.14:
(1) Whenever an agency receives information that it believes might warrant the exercise of march-in rights, before initiating any march-in proceeding, it shall notify the contractor in writing (including electronic means) of the information and request an informal consultation and information relevant to the matter with the contractor to understand the nature of the issue and may also consider possible alternatives other than exercising march-in rights. In the absence of response from the contractor to the agency request for informal consultation within 30 days, the agency may, at its discretion, proceed with the procedures below. If informal consultation occurs within 30 days, or later if the agency has not initiated the procedures below, then the agency shall, within 120 days after informal consultation, either notify the contractor of the initiation of the procedures below with a summary of the efforts taken, or notify the contractor, in writing, that it will not pursue march-in rights on the basis of the available information.
(2) A march-in proceeding shall be initiated by the issuance of a written notice by the agency to the contractor and its assignee or exclusive licensee, as applicable and if known to the agency, stating that the agency is considering the exercise of march-in rights. The notice shall state the reasons for the proposed march-in in terms sufficient to put the contractor on notice of the facts upon which the action would be based and shall specify the field or fields of use in which the agency is considering requiring licensing. The notice shall advise the contractor (assignee or exclusive licensee) of its rights, as set forth in this section and in any supplemental agency regulations. The determination to exercise march-in rights shall be made by the head of the agency or his or her designee.
(3) Within 30 days after the receipt of the written notice of march-in, the contractor (assignee or exclusive licensee) may submit in person, in writing, or through a representative, information or argument in opposition to the proposed march-in, including any additional specific information which raises a genuine dispute over the material facts upon which the march-in is based. If the information presented raises a genuine dispute over the material facts, the head of the agency or designee shall undertake or refer the matter to another official for fact-finding.
(4) Fact-finding shall be conducted in accordance with the procedures established by the agency. Such procedures shall be as informal as practicable and be consistent with principles of fundamental fairness. The procedures should afford the contractor the opportunity to appear with counsel, submit documentary evidence, present witnesses and confront such persons as the agency may present. A transcribed record shall be made and shall be available at cost to the contractor upon request. The requirement for a transcribed record may be waived by mutual agreement of the contractor and the agency. Any portion of the march-in proceeding, including a fact-finding hearing that involves testimony or evidence relating to the utilization or efforts at obtaining utilization that are being made by the contractor, its assignee, or licensees shall be closed to the public, including potential licensees. In accordance with 35 U.S.C. 202(c)(5), agencies shall not disclose any such information obtained during a march-in proceeding to persons outside the government except when such release is authorized by the contractor (assignee or licensee) or otherwise required by law.
(5) The official conducting the fact-finding shall prepare or adopt written findings of fact and transmit them to the head of the agency or designee promptly after the conclusion of the fact-finding proceeding along with a recommended determination. A copy of the findings of fact shall be sent to the contractor (assignee or exclusive licensee) by registered or certified mail. The contractor (assignee or exclusive licensee) and agency representatives will be given 30 days to submit written arguments to the head of the agency or designee; and, upon request by the contractor oral arguments will be held before the agency head or designee that will make the final determination.
(6) In cases in which fact-finding has been conducted, the head of the agency or designee shall base his or her determination on the facts found, together with any other information and written or oral arguments submitted by the contractor (assignee or exclusive licensee) and agency representatives, and any other information in the administrative record. The consistency of the exercise of march-in rights with the policy and objectives of 35 U.S.C. 200 shall also be considered. In cases referred for fact-finding, the head of the agency or designee may reject only those facts that have been found to be clearly erroneous, but must explicitly state the rejection and indicate the basis for the contrary finding. Written notice of the determination whether march-in rights will be exercised shall be made by the head of the agency or designee and sent to the contractor (assignee of exclusive licensee) by certified or registered mail within 90 days after the completion of fact-finding or 90 days after oral arguments, whichever is later, or the proceedings will be deemed to have been terminated and thereafter no march-in based on the facts and reasons upon which the proceeding was initiated may be exercised.
(7) An agency may, at any time, terminate a march-in proceeding if it is satisfied that it does not wish to exercise march-in rights.
38. (b) The procedures of this part shall also apply to the exercise of march-in rights against inventors receiving title to subject inventions under 35 U.S.C. 202(d) and, for that purpose, the term “contractor” as used in this section shall be deemed to include the inventor.
39. (c) An agency determination unfavorable to the contractor (assignee or exclusive licensee) shall be held in abeyance pending the exhaustion of appeals or petitions filed under 35 U.S.C. 203(b).
40. (d) For purposes of this section the term exclusive licensee includes a partially exclusive licensee.
41. (e) Agencies are authorized to issue supplemental procedures not inconsistent with this part for the conduct of march-in proceedings.
[88 FR 17736, Mar. 24, 2023]
§§ 401.7-401.8 [Reserved]
§ 401.9 Contractor and contractor employee inventor requests for rights in inventions.
42. (a) Agencies shall allow a contractor to request greater rights in an invention, including a request to return title to an invention to the contractor, when the funding agreement contains alternate provisions in accordance with § 401.3(a)(2):
(1) The agency shall consider if the circumstances which originally led the agency to invoke an exception under § 401.3(a) are currently valid and applicable to the actual subject invention.
(i) The agency shall provide the contractor the opportunity to submit information on its plans and intentions to bring the subject invention to practical application pursuant to 35 U.S.C. 200.
(ii) The agency shall assess whether government ownership of the invention will better promote the policies and objectives of 35 U.S.C. 200 than the plans and intentions submitted by the contractor.
(iii) The agency shall consider whether to allow the standard clause at § 401.14 to apply with additional conditions imposed upon the contractor's use of the invention for specific uses or applications, or with expanded government license rights in such uses or applications.
(2) The agency shall reply to the contractor with its determination within 90 days after receiving a request and any supporting information from the contractor. If a bar to patenting is sooner than 90 days from receipt of a request, the agency may either file a patent application on the subject invention or authorize the contractor to file a patent application at its own risk and expense.
(3) The Department of Energy is authorized to process deferred determinations either in accordance with its waiver regulations or this section.
43. (b) Pursuant to 35 U.S.C. 202(d), a contractor is required to obtain approval from a funding Agency before assigning rights to a subject invention made under a funding agreement to an employee/inventor. When an employee/inventor retains rights to a subject invention made under a funding agreement, either the Agency or the contractor must ensure compliance by the employee/inventor with at least those conditions that would apply under paragraphs (b), (d), (f)(4), (h), (i), and (j) of the clause at § 401.14.
[88 FR 17737, Mar. 24, 2023]
§ 401.10 Government assignment to contractor of rights in invention of government employee.
44. (a) In any case when a Federal employee is a co-inventor of any invention made under a funding agreement with a contractor:
(1) If the Federal agency employing such co-inventor transfers or reassigns to the contractor the right it has acquired in the subject invention from its employee as authorized by 35 U.S.C. 202(e), the assignment will be made subject to the patent rights clause of the contractor's funding agreement.
(2) The Federal agency employing such co-inventor, in consultation with the contractor, may submit an initial patent application, provided that the contractor retains the right to elect to retain title pursuant to 35 U.S.C. 202(a).
(3) When a Federal employee is a co-inventor of a subject invention developed with contractor-employed co-inventors under a funding agreement from another agency:
(i) The funding agency will notify the agency employing a Federal co-inventor of any report of invention and whether the contractor elects to retain title.
(ii) If the contractor does not elect to retain title to the subject invention, the funding agency must promptly provide notice to the agency employing a Federal co-inventor, and to the extent practicable, at least 60 days before any statutory bar date.
(iii) Upon notification by the funding agency of a subject invention in which the contractor has not elected to retain title, the agency employing a Federal co-inventor must determine if there is a government interest in patenting the invention and will notify the funding agency of its determination.
(iv) If the agency employing a Federal co-inventor determines there is a government interest in patenting the subject invention in which the contractor has not elected to retain title, the funding agency must provide administrative assistance (but is not required to provide financial assistance) to the agency employing a Federal co-inventor in acquiring rights from the contractor in order to file an initial patent application.
(v) The agency employing a Federal co-inventor has priority for patenting over funding agencies that do not have a Federal co-inventor when the contractor has not elected to retain title.
(vi) When the contractor has not elected to retain title, the funding agency and the agency employing a Federal co-inventor shall consult in order to ensure that the intent of the programmatic objectives conducted under the funding agreement is represented in any patenting decisions. The agency employing a Federal co-inventor may transfer patent management responsibilities to the funding agency.
(4) Federal agencies employing such co-inventors may enter into an agreement with a contractor when an agency determines it is a suitable and necessary step to protect and administer rights on behalf of the Federal Government, pursuant to 35 U.S.C. 202(e).
(5) Federal agencies employing such co-inventors will retain all ownership rights to which they are otherwise entitled if the contractor elects to retain title to the subject invention.
45. (b) Agencies may add additional conditions as long as they are consistent with 35 U.S.C. 201-206.
46. (c) Nothing in this section shall supersede any existing inter-institutional agreements between a contractor and a Federal agency for the management of jointly-owned subject inventions.
[83 FR 15961, Apr. 13, 2018]
§ 401.11 Appeals.
47. (a) The agency official initially authorized to take any of the following actions shall provide the contractor with a written statement of the basis for his or her action at the time the action is taken, including any relevant facts that were relied upon in taking the action.
(1) A refusal to grant an extension under paragraph (c)(5) of the standard clause at § 401.14.
(2) A request for a conveyance of title under paragraph (d)(1) of the standard clause at § 401.14.
(3) A refusal to grant a waiver under paragraph (i) of the standard clause at § 401.14.
(4) A refusal to approve an assignment under paragraph (k)(1) of the standard clause at § 401.14.
48. (b) Each agency shall establish and publish procedures under which any of the agency actions listed in paragraph (a) of this section may be appealed to the head of the agency or designee. Review at this level shall consider both the factual and legal basis for the actions and its consistency with the policy and objectives of 35 U.S.C. 200-206.
49. (c) Appeals procedures established under paragraph (b) of this section shall include administrative due process procedures and standards for fact-finding at least comparable to those set forth in § 401.6(a)(4) through (6) whenever there is a dispute as to the factual basis for an agency request for a conveyance of title under paragraph (d) of the standard clause at § 401.14, including any dispute as to whether or not an invention is a subject invention.
50. (d) To the extent that any of the actions described in paragraph (a) of this section are subject to appeal under the Contract Dispute Act, the procedures under the Act will satisfy the requirements of paragraphs (b) and (c) of this section.
[88 FR 17737, Mar. 24, 2023]
§ 401.12 Licensing of background patent rights to third parties.
51. (a) A funding agreement with a small business firm or a domestic nonprofit organization will not contain a provision allowing a Federal agency to require the licensing to third parties of inventions owned by the contractor that are not subject inventions unless such provision has been approved by the agency head and a written justification has been signed by the agency head. Any such provision will clearly state whether the licensing may be required in connection with the practice of a subject invention, a specifically identified work object, or both. The agency head may not delegate the authority to approve such provisions or to sign the justification required for such provisions.
52. (b) A Federal agency will not require the licensing of third parties under any such provision unless the agency head determines that the use of the invention by others is necessary for the practice of a subject invention or for the use of a work object of the funding agreement and that such action is necessary to achieve practical application of the subject invention or work object. Any such determination will be on the record after an opportunity for an agency hearing. The contractor shall be given prompt notification of the determination by certified or registered mail. Any action commenced for judicial review of such determination shall be brought within sixty days after notification of such determination.
§ 401.13 Confidentiality of contractor submissions.
Pursuant to 35 U.S.C. 202(c)(5) and 205, the following procedures shall govern confidentiality of documents submitted under paragraph (c) of the standard clause found at § 401.14:
53. (a) Agencies shall not disclose to third parties pursuant to requests under the Freedom of Information Act (FOIA) any information disclosing a subject invention during the time which an initial patent application may be filed under paragraph (c) of the standard clause found at § 401.14 or such other clause in the funding agreement. This prohibition does not apply to information that has previously been published by the inventor, contractor, or otherwise.
54. (b) Agencies shall not disclose or release, pursuant to requests under the Freedom of Information Act or otherwise, copies of any document which is part of an application for patent with the U.S. Patent and Trademark Office or any foreign patent office filed by the contractor (or its assignees, licensees, or employees) on a subject invention to which the contractor has elected to retain title. This prohibition does not extend to disclosure to other government agencies or contractors of government agencies under an obligation to maintain such information in confidence. This prohibition does not apply to documents published by the U.S. Patent and Trademark Office or any foreign patent office.
55. (c) When implementing policies that encourage public dissemination of the results of work supported by the agency through government publications or other publications of technical reports, agencies shall not include copies of documents submitted by contractors pursuant to § 401.14(c) when a contractor notifies the agency that a particular report or other submission contains a disclosure of a subject invention to which it has elected title or may elect title, or such publication could create a statutory bar to obtaining patent protection.
[88 FR 17737, Mar. 24, 2023]
§ 401.14 Standard patent rights clauses.
The following is the standard patent rights clause to be used as specified in § 401.3(a):
Standard Patent Rights
(a) Definitions
(1) Invention means any invention or discovery which is or may be patentable or otherwise protectable under Title 35 of the United States Code, or any novel variety of plant which is or may be protected under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
(2) Subject invention means any invention of the contractor conceived or first actually reduced to practice in the performance of work under this contract, provided that in the case of a variety of plant, the date of determination (as defined in section 41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur during the period of contract performance.
(3) Practical Application means to manufacture in the case of a composition or product, to practice in the case of a process or method, or to operate in the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are, to the extent permitted by law or government regulations, available to the public on reasonable terms.
(4) Made when used in relation to any invention means the conception or first actual reduction to practice of such invention.
(5) Small Business Firm means a small business concern as defined at section 2 of Pub. L. 85-536 (15 U.S.C. 632) and implementing regulations of the Administrator of the Small Business Administration. For the purpose of this clause, the size standards for small business concerns involved in government procurement and subcontracting at 13 CFR 121.3-8 and 13 CFR 121.3-12, respectively, will be used.
(6) Nonprofit Organization means a university or other institution of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c) and exempt from taxation under section 501(a) of the Internal Revenue Code (25 U.S.C. 501(a)) or any nonprofit scientific or educational organization qualified under a state nonprofit organization statute.
(7) Statutory period means the one-year period before the effective filing date of a claimed invention in a patent application during which exceptions to prior art exist per 35 U.S.C. 102(b) as amended by the Leahy-Smith America Invents Act, Public Law 112-29.
(8) Contractor means any person, small business firm, or nonprofit organization, or, as set forth in section 1, paragraph (b)(4) of Executive Order 12591, as amended, any business firm regardless of size, which is a party to a funding agreement.
(b) Allocation of Principal Rights
The Contractor may retain the entire right, title, and interest throughout the world to each subject invention subject to the provisions of this clause and 35 U.S.C. 203. With respect to any subject invention in which the Contractor retains title, the Federal government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the United States the subject invention throughout the world.
(c) Invention Disclosure, Election of Title and Filing of Patent Application by Contractor
(1) The contractor will disclose each subject invention to the Federal agency within two months after the inventor discloses it in writing to contractor personnel responsible for patent matters. The disclosure to the agency shall be in the form of a written report and shall identify the contract under which the invention was made and the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. The disclosure shall also identify any publication, on sale or public use of the invention, and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. In addition, after disclosure to the agency, the contractor will promptly notify the agency of the acceptance of any manuscript describing the invention for publication or of any on sale or public use planned by the contractor. If required by the Federal agency, the contractor will provide periodic (but no more frequently than annual) listings of all subject inventions which were disclosed to the agency during the period covered by the report, and will provide a report prior to the close-out of a funding agreement listing all subject inventions or stating that there were none.
(2) The contractor will elect in writing whether or not to retain title to any such invention by notifying the Federal agency within two years of disclosure to the Federal agency. However, in any case where a patent, a printed publication, public use, sale, or other availability to the public has initiated the one year statutory period wherein valid patent protection can still be obtained in the United States, the period for election of title may be shortened by the agency to a date that is no more than 60 days prior to the end of the statutory period.
(3)(i) The contractor will file its initial patent application on a subject invention to which it elects to retain title within one year after election of title or, if earlier, prior to the end of any statutory period wherein valid patent protection can be obtained in the United States after a publication, on sale, or public use.
(ii) If the contractor files a provisional application as its initial patent application, it shall file a nonprovisional application within 10 months of the filing of the provisional application. So long as there is a pending patent application for the subject invention and the statutory period wherein valid patent protection can be obtained in the United States has not expired, additional provisional applications may be filed within the initial 10 months or any extension period granted under paragraph (c)(5) of this clause. If an extension(s) is granted under paragraph (c)(5) of this clause, the contractor shall file a nonprovisional patent application prior to the expiration of the extension(s) or notify the agency of any decision not to file a nonprovisional application prior to the expiration of the extension(s), or if earlier, 60 days prior to the end of any statutory period wherein valid patent protection can be obtained in the United States.
(iii) The contractor will file patent applications in additional countries or international patent offices within either ten months of the first filed patent application or six months from the date permission is granted by the Commissioner of Patents to file foreign patent applications where such filing has been prohibited by a Secrecy Order.
(iv) If required by the Federal agency, the contractor will provide the filing date, patent application number and title; a copy of the patent application; and patent number and issue date for any subject invention in any country in which the contractor has applied for a patent.
(4) For any subject invention with Federal agency and contractor co-inventors, where the Federal agency employing such co-inventor determines that it would be in the interest of the government, pursuant to 35 U.S.C. 207(a)(3), to file an initial patent application on the subject invention, the Federal agency employing such co-inventor, at its discretion and in consultation with the contractor, may file such application at its own expense, provided that the contractor retains the ability to elect title pursuant to 35 U.S.C. 202(a).
(5) Requests for extension of the time for disclosure, election, and filing under paragraphs (1), (2), and (3) of this clause may, at the discretion of the Federal agency, be granted. When a contractor has requested an extension for filing a non-provisional application after filing a provisional application, a one-year extension will be granted unless the Federal agency notifies the contractor within 60 days of receiving the request.
(6) In the event a subject invention is made under funding agreements of more than one agency, at the request of the contractor or on their own initiative the agencies shall designate one agency as responsible for administration of the rights of the government in the invention.
(d) Conditions When the Government May Obtain Title
(1) A Federal agency may require the contractor to convey title to the Federal agency of any subject invention—
(i) If the contractor fails to disclose or elect title to the subject invention within the times specified in paragraph (c) of this clause, or elects not to retain title.
(ii) In those countries in which the contractor fails to file patent applications within the times specified in paragraph (c) of this clause; provided, however, that if the contractor has filed a patent application in a country after the times specified in paragraph (c) of this clause, but prior to its receipt of the written request of the Federal agency, the contractor shall continue to retain title in that country.
(iii) In any country in which the contractor decides not to continue the prosecution of any nonprovisional patent application for, to pay a maintenance, annuity or renewal fee on, or to defend in a reexamination or opposition proceeding on, a patent on a subject invention.
(2) A Federal agency, at its discretion, may waive the requirement for the contractor to convey title to any subject invention.
(e) Minimum Rights to Contractor and Protection of the Contractor Right to File
(1) The contractor will retain a nonexclusive royalty-free license throughout the world in each subject invention to which the Government obtains title, except if the contractor fails to disclose the invention within the times specified in (c), above. The contractor's license extends to its domestic subsidiary and affiliates, if any, within the corporate structure of which the contractor is a party and includes the right to grant sublicenses of the same scope to the extent the contractor was legally obligated to do so at the time the contract was awarded. The license is transferable only with the approval of the Federal agency except when transferred to the successor of that party of the contractor's business to which the invention pertains.
(2) The contractor's domestic license may be revoked or modified by the funding Federal agency to the extent necessary to achieve expeditious practical application of the subject invention pursuant to an application for an exclusive license submitted in accordance with applicable provisions at 37 CFR part 404 and agency licensing regulations (if any). This license will not be revoked in that field of use or the geographical areas in which the contractor has achieved practical application and continues to make the benefits of the invention reasonably accessible to the public. The license in any foreign country may be revoked or modified at the discretion of the funding Federal agency to the extent the contractor, its licensees, or the domestic subsidiaries or affiliates have failed to achieve practical application in that foreign country.
(3) Before revocation or modification of the license, the funding Federal agency will furnish the contractor a written notice of its intention to revoke or modify the license, and the contractor will be allowed thirty days (or such other time as may be authorized by the funding Federal agency for good cause shown by the contractor) after the notice to show cause why the license should not be revoked or modified. The contractor has the right to appeal, in accordance with applicable regulations in 37 CFR part 404 and agency regulations (if any) concerning the licensing of Government-owned inventions, any decision concerning the revocation or modification of the license.
(f) Contractor Action to Protect the Government's Interest
(1) The contractor agrees to execute or to have executed and promptly deliver to the Federal agency all instruments necessary to (i) establish or confirm the rights the Government has throughout the world in those subject inventions to which the contractor elects to retain title, and (ii) convey title to the Federal agency when requested under paragraph (d) above and to enable the government to obtain patent protection throughout the world in that subject invention.
(2) The contractor agrees to require, by written agreement, its employees, other than clerical and nontechnical employees, to disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in a format suggested by the contractor each subject invention made under contract in order that the contractor can comply with the disclosure provisions of paragraph (c) of this clause, to assign to the contractor the entire right, title and interest in and to each subject invention made under contract, and to execute all papers necessary to file patent applications on subject inventions and to establish the government's rights in the subject inventions. This disclosure format should require, as a minimum, the information required by paragraph (c)(1) of this clause. The contractor shall instruct such employees through employee agreements or other suitable educational programs on the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. or foreign statutory bars.
(3) For each subject invention, the contractor will, no less than 60 days prior to the expiration of the statutory deadline, notify the Federal agency of any decision: Not to continue the prosecution of a non-provisional patent application; not to pay a maintenance, annuity or renewal fee; not to defend in a reexamination or opposition proceeding on a patent, in any country; to request, be a party to, or take action in a trial proceeding before the Patent Trial and Appeals Board of the U.S. Patent and Trademark Office, including but not limited to post-grant review, review of a business method patent, inter partes review, and derivation proceeding; or to request, be a party to, or take action in a non-trial submission of art or information at the U.S. Patent and Trademark Office, including but not limited to a pre-issuance submission, a post-issuance submission, and supplemental examination.
(4) The contractor agrees to include, within the specification of any United States patent applications and any patent issuing thereon covering a subject invention, the following statement, “This invention was made with government support under (identify the contract) awarded by (identify the Federal agency). The government has certain rights in the invention.”
(g) Subcontracts
(1) The contractor will include this clause, suitably modified to identify the parties, in all subcontracts, regardless of tier, for experimental, developmental or research work to be performed by a subcontractor.. The subcontractor will retain all rights provided for the contractor in this clause, and the contractor will not, as part of the consideration for awarding the subcontract, obtain rights in the subcontractor's subject inventions.
(2) The contractor will include in all other subcontracts, regardless of tier, for experimental developmental or research work the patent rights clause required by (cite section of agency implementing regulations or FAR).
(3) In the case of subcontracts, at any tier, when the prime award with the Federal agency was a contract (but not a grant or cooperative agreement), the agency, subcontractor, and the contractor agree that the mutual obligations of the parties created by this clause constitute a contract between the subcontractor and the Federal agency with respect to the matters covered by the clause; provided, however, that nothing in this paragraph is intended to confer any jurisdiction under the Contract Disputes Act in connection with proceedings under paragraph (j) of this clause.
(h) Reporting on Utilization of Subject Inventions
The Contractor agrees to submit on request periodic reports no more frequently than annually on the utilization of a subject invention or on efforts at obtaining such utilization that are being made by the contractor or its licensees or assignees. Such reports shall include information regarding the status of development, date of first commercial sale or use, gross royalties received by the contractor, and such other data and information as the agency may reasonably specify. The contractor also agrees to provide additional reports as may be requested by the agency in connection with any march-in proceeding undertaken by the agency in accordance with paragraph (j) of this clause. As required by 35 U.S.C. 202(c)(5), the agency agrees it will not disclose such information to persons outside the government without permission of the contractor.
(i) Preference for United States Industry
Notwithstanding any other provision of this clause, the contractor agrees that neither it nor any assignee will grant to any person the exclusive right to use or sell any subject inventions in the United States unless such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the Federal agency upon a showing by the contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible.
(j) March-in Rights
The contractor agrees that with respect to any subject invention in which it has acquired title, the Federal agency has the right in accordance with the procedures in 37 CFR 401.6 and any supplemental regulations of the agency to require the contractor, an assignee or exclusive licensee of a subject invention to grant a nonexclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant or applicants, upon terms that are reasonable under the circumstances, and if the contractor, assignee, or exclusive licensee refuses such a request the Federal agency has the right to grant such a license itself if the Federal agency determines that:
(1) Such action is necessary because the contractor or assignee has not taken, or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in such field of use.
(2) Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the contractor, assignee or their licensees;
(3) Such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the contractor, assignee or licensees; or
(4) Such action is necessary because the agreement required by paragraph (i) of this clause has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the United States is in breach of such agreement.
(k) Special Provisions for Contracts with Nonprofit Organizations
If the contractor is a nonprofit organization, it agrees that:
(1) Rights to a subject invention in the United States may not be assigned without the approval of the Federal agency, except where such assignment is made to an organization which has as one of its primary functions the management of inventions, provided that such assignee will be subject to the same provisions as the contractor;
(2) The contractor will share royalties collected on a subject invention with the inventor, including Federal employee co-inventors (when the agency deems it appropriate) when the subject invention is assigned in accordance with 35 U.S.C. 202(e) and 37 CFR 401.10;
(3) The balance of any royalties or income earned by the contractor with respect to subject inventions, after payment of expenses (including payments to inventors) incidental to the administration of subject inventions, will be utilized for the support of scientific research or education; and
(4) It will make efforts that are reasonable under the circumstances to attract licensees of subject inventions that are small business firms and that, when appropriate, it will give a preference to a small business firm when licensing a subject invention;
(5) The Federal agency may review the contractor's licensing program and decisions regarding small business applicants, and the contractor will negotiate changes to its licensing policies, procedures, or practices with the Federal agency when the Federal agency's review discloses that the contractor could take reasonable steps to more effectively implement the requirements of paragraph (k)(4) of this clause; and
(6) The Federal agency may take into consideration concerns presented by small businesses in making such determinations in paragraph (k)(5) of this clause.
(l) Communication
[Complete according to instructions at § 401.5(b)]
(m) Electronic Filing
(1) Unless otherwise requested or directed by the Federal agency—
(i) The written disclosure required in (c)(1) of this clause shall be electronically filed;
(ii) The written election required in (c)(2) of this clause shall be electronically filed; and
(iii) If required by the agency to be submitted, the close-out report in paragraph (c)(1) of this clause and the patent information and periodic reporting identified in paragraph (c)(3) of this clause shall be electronically filed.
(2) Other written notices required in this clause may be electronically delivered to the agency or the contractor through an electronic database used for reporting subject inventions, patents, and utilization reports to the funding agency.
[52 FR 8554, Mar. 18, 1987, as amended at 69 FR 17301, Apr. 2, 2004; 83 FR 15961, Apr. 13, 2018; 88 FR 17738, Mar. 24, 2023]
§ 401.15 [Reserved]
§ 401.16 Federal agency reporting requirements.
Federal agencies will report annually to the Secretary on data pertaining to reported subject inventions under a funding agreement, including—
56. (a) Number of subject inventions reported to the Federal agency;
57. (b) Patent applications filed on subject inventions;
58. (c) Issued patents on subject inventions;
59. (d) Number of requests and number of requests granted for extension of the time for disclosures, election, and filing per 37 CFR 401.14(c)(5);
60. (e) Number of subject inventions conveyed to the Government in accordance with 37 CFR 401.14(d);
61. (f) Number of waivers requested and waivers granted per 37 CFR 401.14(i);
62. (g) Number of requests for assignment of invention rights; and
63. (h) Summary of utilization information provided by contractors. Such information will be received by the Secretary no later than the last day of October of each year.
[88 FR 17739, Mar. 24, 2023]
§ 401.17 Submissions and inquiries.
All submissions or inquiries should be directed to the Chief Counsel for NIST, National Institute of Standards and Technology, 100 Bureau Drive, Mail Stop 1052, Gaithersburg, Maryland 20899-1052; telephone: (301) 975-2803; email: nistcounsel@nist.gov. Information about and procedures for electronic filing under this part are available at the Interagency Edison website and service center, http://www.iedison.gov.
[83 FR 15963, Apr. 13, 2018, as amended at 88 FR 17739, Mar. 24, 2023]
§ 401.18 Severability.
The provisions of this part are separate and severable from one another. If any provision is stayed or determined to be invalid, the remaining provisions shall remain in effect.
[88 FR 17739, Mar. 24, 2023]
Form of Agreement —
The Contract form shall be provided by the Procurement Office. The successful contractor shall, within 10 days after receipt of the Notice of Award and the contract forms or documents, sign and return to the County Procurement Office all required contract documents. The awarded contractor shall also provide the policies of insurance or insurance certificate as required. All insurance documents shall be approved by Santa Rosa County Risk Management before the successful contractor proceeds with the work.
The contractor is responsible for submitting along with their response any exceptions it has to the standard terms of contract, within the attached sample contract. Failure to submit exceptions at time of submittal of the bid will be considered a waiver by the respondent to contest or request exception to the contract provisions. Any exceptions to the standard terms of contract will be taken into consideration as part of the County’s review of the response. The County reserves the right to reject bids depending on the substance of the exceptions.
Bid Guarantee —
Each response must be accompanied by a Certified Check or Bid Bond in the amount of five percent (5%) of the Base Bid, and copies of all required licenses. Such Bid Bond or Check is given with the understanding and agreement that it guarantees:
(1) that the bidder will not withdraw his/her bid for a period of 60 days after the bids have been opened; and, (2) that if his bid is accepted, the Bidder will enter into the written Contract with Santa Rosa County and furnish the required Performance Bond Payment Bond Insurance Certificates, within 10 days after receipt of Notice of Award of his bid. Pursuant to Florida Statutes, Section 255.05, should the contract exceed $200,000, the Contractor shall be required to execute and record performance and payment bonds. These bonds must state the name and principal business address of both the principal and the surety and a description of the project sufficient to identify it. In the event the bidder fails to comply with any of these conditions and requirements in whole or in part, the full amount of the bond or check shall be automatically forfeited to Santa Rosa County as damages on account of the default of the bidder.

Submission Requirements

Please provide Federal Identification Number (FEIN) (required)
Solicitation Requirements (required) —
I certify that I have read through the solicitation, in its entirety, and verify that I understand all materials provided.
Scrutinized Company Certification (required) —
I certify this respondent is not participating in a boycott of Israel, is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and it does not have business operations in Cuba or Syria.
Contract Execution and Payment/Performance Bond (required) —
I certify, if selected, the contract shall be executed and returned, along with the Payment/Performance Bond (if required), to Santa Rosa County Procurement within 10 days of respondent's receipt of draft contract. Failure to do so shall be just cause for forfeiture of the respondents guaranty.
Human Trafficked Labor (required) —
I certify this respondent does not utilize human trafficked labor, in compliance with Section 787.06, Florida Statute.
Drug-Free Workplace Certification (required) —
I certify this respondent complies fully with Drug-Free Workplace Section 287.087, Florida Statutes.
Certificate of Insurance (required) —
Please upload a copy of current required insurance declaration page with Santa Rosa County named interest or Letter of Insurability from carrier stating the the levels of coverage will be obtained.
Certificate of Authority to do business from the State of Florida (SunBiz) (required) —
Please upload Certificate of Authority to do business here.
Bid Guarantee (required) —
Each bid shall be accompanied by a certified cashier's check, or bid bond, in the amount of 5% of the total bid price, payable to Santa Rosa County, as the guarantee that the respondent, if the bid is accepted, will promptly execute the Agreement. The respondent shall guarantee the total bid price for a period of 60 days from the date of the bid opening.
Please upload your Bid Bond.
System of Award Management (SAM) (required) —
Please upload certification of active SAM status.
Sworn Statement Pursuant to Section 287.133(3)(A), Florida Statutes on Entity Crimes. (required) —
Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.
References (required) —
Please download the below document, complete, and upload.
Conflict of Interest (required) —
Please download the below document, complete, and upload.
Debarment Form (required) —
Please download the below document, complete, and upload.
Work Hours and Safety Standards Certification (required) —
Please download the below documents, complete, and upload.
Byrd Anti-Lobbying Amendment Certificate (required) —
Please download the below documents, complete, and upload.
Proposed Subcontractors —
Please provide names and addresses for any proposed subcontractors to be utilized for work on this project. (if applicable)
Any additional attachments. —
Please upload any additional documents for your submission.
Solicitation Type (required) —
Invitation to Quote: Requires at least three quotes and is based on the lowest qualified bid.
Invitation to Bid: Lowest/most responsive bid.
Request for Proposal: Proposers ranked by staff or the Board. Presentations may be required.
Request for Qualifications: Proposers ranked by staff or the Board. Presentations may be required.
Invitation to Negotiate: Proposers ranked by staff or the Board. Presentations may be required.
Is this a construction project? (required)
What is the estimated budget for the project? (required)
Will the following be required? (required)
What is the bid guarantee amount? (required) —
The following statement will autofill: 5% of total bid price
What will the funding source(s) be? (required)
What are the grant terms or special requirements? (required) —
Please list any terms or special requirements the grant requires and upload any grant documents you have available.
Has the state grant been awarded? (required) —
Select one.
What is the state grant title/number? (required) —
Enter grant information
Has the Federal grant been awarded? (required) —
Select one.
What is the Federal grant title/number? (required)
Have you uploaded the Grant documents to the attachment section? (required)
Will Equal Employment Opportunity be required? (required) —
(2 CFR Part 200, Appendix II(C); 41 CFR § 61-1.4; 41 CFR 61-4.3; Executive Order 11246).
Will Clean Air Act and Federal Water Pollution Control Act be required? (required) —
(42 U.S.C. 7401-7671q.) and (33 U.S.C. 1251-1387)
Will Davis-Bacon Act be required (required) —
(2 CFR Part 200; 29 CFR Part 5)
Will Byrd Anti-Lobbying Amendment be required? (required) —
(31 U.S. C. 1352)
Will Work Hour and Safety Standards be required? (required) —
(40 U.S.C. 3701-3708).
Will rights to inventions made by nonprofit organizations and samm business firms under government grants, contracts, and cooperative agreements be required? (required)
Will Domestic preference for procurements be required? (required) —
§ 200.322
Will Prohibition on certain telecommunications and video surveillance equipment or services be required? (required) —
§ 200.216
Will there be a Pre-Bid meeting? (required) —
Select one.
Will this be mandatory? (required) —
Select one.
When and where will the Pre-bid be held? (required)
How many calendar days allowed for project completion? (required) —
Please enter only the numerical value. (ex. 30, 60, 90)
What are the insurance requirements? (required) —
Please select all that apply.
What will the amount of the liquidated damages be? (required) —
Example: $1,500.00
How many calendar days allowed for project completion? (required)
Ready for final payment within ___ calendar days of project completion. (required)

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