| Agency: | JEA |
|---|---|
| State: | Florida |
| Type of Government: | State & Local |
| NAICS Category: |
|
| Posted Date: | May 6, 2026 |
| Due Date: | May 27, 2026 |
| Original Source: | Please Login to View Page |
| Contact information: | Please Login to View Page |
| Bid Documents: | Please Login to View Page |
The purpose of this solicitation for On-Prem Cohesity Software Subscription and Support (this "Solicitation") is to evaluate and select a vendor to provide Software Subscription and Support for On-Prem Cohesity Corporate Environment as described in this Solicitation (the "Work") and to determine the best method for JEA to procure the Work with regards to pricing, quality, design, and workmanship.
USE THIS LINK TO ACCES THE SOLICITATION VIA ZYCUS:
https://dewdrops.zycus.com/zsp/guest/genericRegister/JEA074/iSource/1048110/
Solicitation Due Date: May 27, 2026
Solicitation
For Participation in
Reverse Auction to Acquire
On-Prem Cohesity Software Subscription and Support
for
Jacksonville, FL
Solicitation Number 1412161246
Optional Pre-Response Meeting via Microsoft Teams or Teleconference on May 11, 2026, at 11:00 AM EST
Meeting URL: https://teams.microsoft.com/meet/216499855802045?p=Lry7QR18DD2e5oLPyu
Meeting ID: 216 499 855 802 045
Meeting Passcode: ev6bN3wx
Dial In: +1 321-558-7338,,109614652# United States, Orlando Find a local number
Phone conference ID: 109 614 652#
Those planning to attend via Microsoft Teams or teleconference should send contact information to: Angel Love at
iosuad@jea.com, 48 hours prior to the Pre-Response Meeting to have contact information documented.
Non-Pricing Submission of the Reverse Auction shall conclude May 26, 2026 at 12:00 PM EST
Pricing Submission of the Reverse Auction shall begin on May 27, 2026, at 10:00 AM EST
All Responses shall be submitted through JEA's E-Procurement and Contract Management Portal which is provided
by Zycus Supplier Network which can be accessed at https://zsn.zycus.com/guest. Instructions on how to login to
Zycus is provided below in this Solicitation. LATE RESPONSES MAY BE REJECTED.
JEA will publicly open all Responses received from qualified Respondents on the Due Date, via Microsoft Teams.
For more information please contact the JEA Buyer at:
Angel Love, iosuad@jea.com
1.1) Scope of Work
The purpose of this solicitation for On-Prem Cohesity Software Subscription and Support (this "Solicitation") is to
evaluate and select a vendor to provide Software Subscription and Support for On-Prem Cohesity Corporate
Environment as described in this Solicitation (the "Work") and to determine the best method for JEA to procure the
Work with regards to pricing, quality, design, and workmanship.
A more detailed description of the Work is provided in the Technical Specifications included as an Exhibit to this
Solicitation.
Capitalized terms used in this Solicitation without definition shall have the definitions given to them in Section 2 of
this Solicitation.
1.2) Background
JEA owns, operates and manages the electric system established by the City of Jacksonville, Florida since 1895. In June
1997, JEA also assumed operation of the water and sewer system previously managed by the City. JEA is located in
Jacksonville, Florida, where we proudly serve an estimated 541,076 electric, 407,161, water and 30,460 reuse water
customers. JEA is Florida's largest community owned utility and the eighth largest municipal in the United States.
1.3) Invitation - Submitting a Response
Respondents that meet the Minimum Qualification stated herein are invited to submit a Response to this Solicitation to
perform the Work. A complete copy of this Solicitation, the Technical Specifications, forms and all other documents
referenced in this Solicitation are on JEA's E-Procurement and Contract Management Portal which is provided by
Zycus Supplier Network which can be accessed at https://zsn.zycus.com/guest/genericRegister/JEA074. Instructions
on how to login to Zycus is provided below in this Solicitation.
All Responses are due at the time indicated on the title page of this Solicitation. Section 1 of this Solicitation are the
instructions for submitting a Response for this Solicitation. Section 2 of this Solicitation contain the definitions and
commercial contract terms associated with this procurement.
A Contract will be presented to the Respondent awarded this Work and the Contract will incorporate by reference this
entire Solicitation and all associated Addenda. A sample of the JEA Contract can be found on jea.com.
All documentation submitted with a Response must reference the Solicitation Title and Number stated herein. All
Responses must be made on the appropriate forms and formats as specified by this Solicitation and uploaded to JEA's
procurement platform.
All Responses should be delivered electronically to JEA via the Zycus platform. An automated, detailed auditing
system provides sealed Response integrity. Responses remain sealed on the platform until the Close Date & Time
(Due Date & Time).
A Respondent shall be solely responsible for timely delivery of its Response to the Zycus Supplier
Network. Respondents are strongly encouraged to acquire log in credentials early as possible. Additionally
Respondents are encouraged to submit Responses early to ensure uploading process goes smoothly. If Respondent is
not able to submit its Response via Zycus, then please email the Response to the JEA Buyer identified in the
Section below titled "Questions".
Responses are due by the time and on the date stated on the cover page of this Solicitation. LATE RESPONSES
MAY BE REJECTED.
1.4) Reverse Auction
(a) Definitions. As used in this provision-
Offer means the bid submitted by a Respondent.
Offeror means Respondent
Reverse Auction means the process for obtaining pricing, usually supported by an electronic tool, in which offerors
see competing offerors' price(s), without disclosure of the competing offerors' identity, and have the opportunity to
submit lower priced offers until the close of the auction.
Reverse Auction Service Provider means a commercial or governmental entity that provides a means or platform for
conducting reverse auctions when acquiring supplies or services to be used by JEA.
(b) Reverse Auction. JEA intends to conduct a Reverse Auction under this Solicitation to award a Contract.
(c) Offeror Agreement. By submission of an Offer to this Solicitation, the Respondent agrees to participate in the
reverse auction and agrees that JEA may reveal to all Respondents the offered price(s) and/or ranks during the auction,
except JEA will release all the name and pricing of all bids once the auction has ended and JEA makes the
determination to Award a Contract to a Respondent. The Respondent may withdraw its agreement to further
participate in the process by withdrawing its Offer before the close of the auction by notifying the JEA Buyer via the
contact method identified in this Solicitation.
(d) Cancellation of the Reverse Auction. JEA reserves the right to cancel the auction at any time for any reason.
(e) Release of Information. JEA may use a reverse auction service provider to conduct the reverse auction. Any price
or proposal information or source selection information received by the reverse auction service provider in relation to
the reverse auction shall not be released, outside of JEA, unless otherwise required by law.
(f) JEA reserves the right to further negotiate upon expiration of the Reverse Auction.
(g) JEA reserves the right to pause and/or postpone this event for any irreconcilable technological issues that may arise
during the course of the live auction.
Non-Pricing Submission of the Reverse Auction shall conclude May 26, 2026, at 12:00 PM EST
JEA will publicly open all Responses received from qualified Respondents on June 2, 2026, at 2:00 PM EST via
Microsoft Teams.
Live Auction Start Date and Time: May 27, 2026 at 10:00 am EST
JEA provides the following dedicated phone number during live auction time for any technical support.
Point of Contact: Angel Love
Phone Number: 904-760-6508
Bid Decrement(s): $1000.00 The bid decrement applies to the Total Price and not each line item. The lead shall be
taken by no amount less than the bid decrement.
Auto Extension Rule(s): The bid expiration automatically extends five (5) minutes whenever the lead is taken within
the last One (1) minute remaining of expiration.
Decimal Precision: The decimal precision extends to $0.01. Please note, when submitting pricing, the system requires
a comma instead of a period. For example, a bid of $100.25 shall be input as $100,25. This setting can be modified in
the vendor profile.
Automatic Refresh: There is no automatic refresh setting on the Zycus Supplier Network. JEA recommends each
supplier manually refresh their screen during the live auction as often as necessary.
Submitting a bid: The bid response should be submitted using the
After conclusion of auction, lead Respondent shall email completed Appendix B - Response Workbook to Angel Love
at iosuad@jea.com to confirm line-item pricing match to Total Bid Price.
In its sole discretion, JEA reserves the right to withdraw this Solicitation either before or after receiving Responses, to
reject any and all Responses either in whole or in part, with or without cause, or to waive any Solicitation requirement
informalities, minor irregularities, and deficiencies in any Response, and to determine such action is in the best interest
of JEA. Issuance of this Solicitation in no way constitutes a commitment by JEA to make an Award or enter into a
Contract.
All Responses submitted to JEA are subject to the JEA's terms and conditions contained in this Solicitation and JEA's
Procurement Code. Any and all additional terms and conditions submitted by Respondents are rejected and shall have
no force.
1.5) Reverse Auction Services
JEA utilizes the Zycus software platform to host the Reverse Auction. All evaluations of Responses shall be
performed internally by JEA.
1.6) Evaluation Methodology - Reverse Auction
JEA will award a Contract to the Respondent who meets the Minimum Qualifications stated herein and offers
the lowest price to JEA. To submit a bid, the Respondent shall submit its Minimum Qualifications through JEA's E-
Procurement and Contract Management Portal which is provided by Zycus Supplier Network which can be accessed at
https://zsn.zycus.com/guest/genericRegister/JEA074. JEA will evaluate all Respondent's Minimum Qualifications,
and Respondents that meet the Minimum Qualifications will receive notice that they are eligible to submit bids in
response to this Reverse Auction. Prices will be accepted only from Respondents who meet the or exceed the Minim
Qualifications. Any Minimum Qualifications that contain pricing may be rejected and not considered for
Award.
NO EXCEPTIONS TO JEA CONTRACT TERMS ARE ALLOWED IN THIS SOLICITATION. IF THE
RESPONDENT OBJECTS IN ANY MANNER TO THE TERMS AND CONDITIONS OR TECHNICAL
SPECIFICATIONS, THE OBJECTION MUST BE ADDRESSED IN WRITING FIVE (5) BUSINESS DAYS
PRIOR TO THE DUE DATE, AND THE OBJECTION MAY BE ADDRESSED IN AN ADDENDUM IF JEA
BELIEVES THAT A CLARIFICATION OR CHANGE IS NECESSARY. ANY MODIFICATIONS, EXCEPTIONS
OR OBJECTIONS STATED WITHIN THE RESPONSE SHALL BE REJECTED.
1.7) Zycus Instructions
I. How to Log Into Zycus
A. New Users - Zycus
1. New Users will need to register to login. Registration will require Company name, address, phone, contact, title,
phone and email address. Also, it is recommended users use Google Chrome to access Zycus.
2. Note if the company is already doing business with JEA, you may find the company is already registered in Zycus.
To find out if you are registered, try entering your email address in the New User Registration screen. If you receive a
message stating "Email ID already registered", log in as an Existing User Log-in". If you don't know your password,
enter your email address and click on "Forgot Password".
B. Existing Users or New Users with Previously Registered Emails
1. Once the user has a login on the sourcing platform select "Existing User Log-in", the user may navigate to the
solicitation by selecting the icon for the applicable solicitation.
II. How to Submit a Response Using Zycus
1. Once logged in, users will see all JEA Sourcing Events, then select the applicable event.
2. Once in the Sourcing Event. The Sourcing Event has prompts for actions required to respond to the solicitation.
3. For the user to proceed to submit a Response to JEA using Zycus, the user will be required to provide its acceptance
of the of the Zycus iSource Terms & Conditions associated with the work. Such Terms and Conditions may cover
non-disclosure, safety, cyber security, Invitation for Bid contract terms, etc.
4. Once all terms are accepted, additional Solicitation information will be available for viewing and submitting a
Response by selecting "Confirm Participation". JEA will then have a record indicating the company intends to submit
a Response.
5. A user then can respond to each section of the Solicitation, once completed with each section, select "Save". Note
each section has a red, yellow, green light code. Items will turn green once completed. Yellow and red lights mean
there is additional action required. Users may also note under each tab, there are multiple questions to respond to,
scroll down the list to ensure all questions are answered.
6. In most Solicitations, JEA will provide Technical Specifications, pricing tables in Excel which the user will need to
download. Additionally, Excel pricing tables may need to be uploaded once completed to as part of the Response.
Users can download the required attachments by selecting the "Buyers Attachments" icon.
7. Once the required forms are uploaded and saved, the section light will turn green. Once all sections are completed
and green lighted, the User may select "Submit Response".
8. Once the user selects "Submit Response", the user will receive a "Success" pop-up when submitted.
9. Once submitted users may recall and modify submitted documentation and submit information until the Response
Due Date and Time.
10. Zycus does not automatically transfer a pricing submission from the qualifying round into live auction setting for
award consideration. Each user shall manually re-submit its qualifying Response into the live auction environment for
consideration of award.
1.8) Questions
All Questions must be submitted in writing to the JEA Buyer Angel Love at iosuad@jea.com at least five business
days prior to the opening date. Questions received within five business days prior to the opening date may not be
answered.
1.9) Pre-Response Meeting
There may be an optional Pre-Response meeting associated with this Solicitation at the date and time listed on the
cover page of this Solicitation. All interested Respondents are invited to attend the Pre-Response meeting. Those
planning to attend the teleconference may email their name and contact information to the JEA Buyer listed herein at
least 48 hours prior to the Pre-Response meeting to facilitate roll call. A Respondent must only sign in representing
one company, unless otherwise agreed to by JEA in writing.
1.10) Opening of Responses
All Responses received shall be publicly announced and recorded via teleconference at the date and time indicated on
the cover page of this Solicitation.
The details for the teleconference will be on jea.com at the following website: https://www.jea.com approximately 48
hours before the Response opening.
At the opening of Responses, a JEA representative will publicly open each Response that was received prior to the
Date and Time, except for those Responses that have been properly withdrawn. JEA has the right to waive
irregularities or informalities in the Responses to the extent allowable under applicable laws.
1.11) Minimum Qualifications
Respondent must meet the following Minimum Qualifications to be considered eligible to have its Response evaluated
by JEA. JEA reserves the right to ask for additional back up documentation or additional reference projects to
confirm the Respondent meets the requirements stated below.
JEA may reject Responses from Respondents not meeting all of the following Minimum Qualifications:
I. The Respondent must be an authorized Cohesity Channel Partner preceding the Response Due Date.
II. Any Respondent whose contract with JEA was terminated for default within the last two years shall
have its Response rejected.
1.12) Number of Contracts to be Awarded
JEA intends to Award one (1) Contract for the Work. JEA reserves the right to Award more than one Contract based
on certain groupings of the Work items, or JEA may exclude certain Work items, if JEA determines that it is in its best
interest.
1.13) Insurance Requirements
Prior to JEA issuing a Purchase Order to the Company to begin the Work, the Company shall submit a certificate of
insurance (COI) that is in compliance with amounts and requirements as indicated in this Solicitation. Note that the
COI shall specifically indicate JEA as additional insured on all required insurance except Worker's Compensation and
Professional Liability (if applicable). Furthermore, waiver of subrogation must be provided for all required insurance
in favor of JEA, including its board members, officers, employees, agents, successors, and assigns.
1.14) Optional Use of Small and Emerging Business (JSEB) Program
It is at the Respondent's option as to whether it chooses to subcontract with a JSEB firm. JEA encourages the use of
JSEB firms; however, the Respondent is not required to utilize a JSEB to be awarded a Contract under this
Solicitation.
For more information regarding the JSEB program, please contact Bill Hickey, JEA, Manager of Supplier Diversity
Programs and Procurement Services, hickwj@jea.com or jsebprogram@jea.com.
1.15) Basis of Award - Lowest Bid
JEA will Award a Contract to the responsive and responsible Respondent whose Response meets or exceeds the
Minimum Qualifications set forth in this Solicitation, and the Respondent's price represents the lowest cost to JEA.
JEA will use the Respondent's Total Bid Price stated on the Response Form when making price comparisons for
Award purposes.
1.16) Required Forms to be Submitted
The following forms must be completed and submitted to JEA at the timeframes stated below. The Respondent can
obtain the required forms, other than the Minimum Qualification Form, Response Form and Response Workbook, by
downloading them from JEA.com.
A. The following forms are required to be submitted with the Response:
I. Response Workbook - This can be found in Appendix B of this Solicitation- After conclusion of auction,
lead Respondent shall email completed Appendix B - Response Workbook to iosuad@jea.com to confirm
line-item pricing match to Total Bid Price.
II. List of JSEB Certified Firms (if any)
III. Subcontractor Form (if any). However, if the following Subcontractors are utilized to perform this Work,
they shall be listed on the referenced Subcontractor Form.
If the above listed forms are not submitted with the Response by the Response Due Time and Date, JEA may reject the
Response.
B. JEA also requests the following documents to be submitted prior to Contract execution. A Response will not be
rejected if these forms are not submitted at the Response Due Date and Time. However, failure to submit these
documents prior to Contract execution could result in Response rejection.
I. Conflict of Interest Certificate Form - This form can be found at JEA.com
II. Insurance certificate
III. W-9
IV. Evidence of active registration with the State of Florida Division of Corporations (www.sunbiz.org)
V. Any technical submittals as requires by the Technical Specifications
1.7) Addenda Issuance
JEA may issue Addenda prior to the opening of Responses to change or clarify the intent of this Solicitation. The
Respondent is responsible for ensuring it has received all Addenda prior to submitting its Response and must
acknowledge receipt of all Addenda by completing the Confirmation of Receipt of Addenda. JEA will post Addenda
when issued online at JEA.com. Companies must obtain Addenda from the JEA.com website. It is the responsibility of
each Respondent to ensure it has received and incorporated all Addenda into its Response. Failure to acknowledge
receipt of Addenda may be grounds for rejection of a Response.
1.8) Contract Execution and Start of Work
Within 30 days from the date of Award, JEA will present the successful Respondent with the Contract. Unless
expressly waived by JEA, the successful Respondent must execute a Contract for the Work within 10 days after
receiving the Contract from JEA. If the Respondent fails to execute the Contract or associated documents as required,
JEA may cancel the Award with no further liability to the Respondent and retain any bid security or bond.
Upon JEA's receipt of the executed Contract, certificate of insurance, and recorded Payment and Performance bonds
(if applicable), JEA will issue a PO, in writing and signed by an authorized JEA representative as acceptance of the
Response and authorization for the company to proceed with the Work, unless otherwise stated in the Contract or PO.
For Construction Services: In the event that JEA intends to authorize the successful Respondent to proceed with
administrative work only, or with only a portion of the Work, then the PO shall state the specific limitations of such
authorization and JEA will issue a separate written Notice to Proceed to authorize the Respondent to begin Field Work,
when applicable, or to perform the remainder of the Work, or any portion thereof. The Respondent shall ensure that it
is prepared to begin Field Work upon receipt of Notice to Proceed. Any Work performed outside of this partial
authorization shall be at the Respondent's risk and JEA shall have no obligation to pay for such Work.
1.9) Ex Parte Communication
Ex Parte Communication is defined as any inappropriate communication concerning a Solicitation between any
officers, employees or other representatives of Respondent and a JEA representative during the time in which the
Solicitation is being advertised through the time of Award. Examples of inappropriate communications include:
private communications concerning the details of the Solicitation in which a company becomes privy to information
not available to the other Respondents. Social contact between companies and JEA Representatives should be kept to
an absolute minimum during the Solicitation process.
Ex Parte Communication is strictly prohibited. Failure to adhere to this policy will disqualify the noncompliant
Respondent. Any questions or clarifications concerning this Solicitation must be sent in writing via email to the JEA
Buyer at least five business days prior to the opening date. If JEA determines that a question should be answered or a
requirement should be clarified, JEA will issue an Addendum to the Solicitation.
1.10) Conflict of Interest
This conflict of interest policy applies to all JEA construction projects ("Project"). Any company bidding the
construction phase of a Project cannot at the time of Response/bid submittal, be affiliated with or have any direct or
indirect ownership interest in the architect/engineer ("Designer") of record. The company will also be prohibited from
bidding if the Designer has any direct or indirect ownership interest in the Contractor. Should JEA erroneously award
a contract in violation of this policy, JEA may terminate the contract at any time with no liability to company, and
company shall be liable to JEA for all damages, including but not limited to the costs to rebid the Project. The purpose
of this policy is to encourage bidding and eliminate any actual or perceived advantage that one Respondent may have
over another.
1.11) Certifications and Representations of the Company
By signing and submitting its Response, the Respondent certifies and represents as follows:
A. That the individual signing the Response is duly authorized to contractually bind the Respondent to the terms and
conditions of this Solicitation and the Contract. Respondent shall provide satisfactory evidence of such authority
within three days of JEA's request.
B. That every aspect of the Response and the detailed schedule for the execution of the Work, are based on its own
knowledge and judgment of the conditions and hazards involved, and not upon any representation of JEA. JEA
assumes no responsibility for any understanding or representation made by any of its representatives during or prior to
execution of the Contract unless such understandings or representations are expressly stated in the Contract and the
Contract expressly provides that JEA assumes the responsibility.
C. That, if successful, the Respondent will be registered to conduct business in the State of Florida and in active status
with the Florida Division of Corporations at the time of execution of a Contract.
D. That the Respondent maintains in active status any and all licenses, permits, certifications, insurance, bonds and
other credentials including, but not limited to, all licenses necessary to perform the Work. The Respondent also
certifies that, upon the prospect of any change in the status of applicable licenses, permits, certifications, insurances,
bonds or other credentials, the Respondent shall immediately notify JEA of status change.
1.12) Ethics
By submitting a Response, the Respondent certifies that its Response is made without any previous understanding,
agreement or connection with any other person, firm, or corporation submitting a Response for the same Work other
than as a Subcontractor or supplier, and that the Response is made without outside control, collusion, fraud, or other
illegal or unethical actions. The Respondent shall comply with all JEA and City of Jacksonville ordinances, policies
and procedures regarding ethics.
The Respondent shall submit only one Response to this Solicitation. If JEA has reasonable cause to believe the
Respondent has submitted more than one Response for the same Work, other than as a Subcontractor or sub-supplier,
JEA shall disqualify the Response and may pursue debarment actions.
The Respondent shall disclose the name(s) of any public officials who have any financial position, directly or
indirectly, in Respondent or its Response by completing and submitting the Conflict of Interest Certificate Form
available at jea.com. Failure to fully complete and submit the Conflict of Interest Certificate will disqualify the
Response. If JEA has reason to believe that collusion exists among the Respondents, JEA shall reject any and all
Responses from such Respondents and will proceed to debar the Respondents from future JEA Awards in accordance
with the JEA Procurement Code.
JEA is prohibited by its Charter from awarding contracts to JEA board members, officers or employees, and is
prohibited from awarding contracts in which a JEA officer or employee has a financial interest. JEA shall reject all
Responses from JEA board members, officers or employees, as well as, all Responses in which a JEA officer or
employee has a financial interest.
In accordance with Florida Statutes Sec. 287.133, JEA shall reject Responses from any persons or affiliates convicted
of a public entity crime as listed on the Convicted Vendor list maintained by the Florida Department of Management
Services. JEA shall not make an Award to any officer, director, executive, partner, shareholder, employee, member, or
agent active in management of the Respondent listed on the Convicted Vendor list for any transaction exceeding
$35,000 for a period of 36 months from the date of being placed on the Convicted Vendor list.
JEA shall also reject any Responses from any persons or affiliates that are listed on State of Florida's Suspended
Vendor List, the City of Jacksonville's Disqualified Vendor List, JEA's Suspended Vendors list, or have had a
contract with JEA terminated for default within the last two (2) years.
1.13) JEA Publications
Applicable JEA publications are available at jea.com.
1.14) Mathematical Errors
In the event of a mathematical error in calculation of the prices entered on the Response, the Unit Prices will prevail.
The corrected price utilizing the Unit Prices quoted by Respondent will be used to determine if the Company is
awarded a Contract for the Work and the corrected pricing will be used throughout the Term.
1.15) Modification or Withdrawal of Responses
The Respondent may modify or withdraw its Response at any time prior to the Response Due Date and Time by
giving written notice to JEA's Chief Procurement Officer by submitting an updated Response. JEA will not accept
modifications submitted by telephone, telegraph, email, or facsimile, or those submitted after the Response Due Date
and Time. The Respondent may not modify or withdraw its Response for a period of 90 days following the opening of
Responses.
1.16) Notice of Prohibition Against Considering Social, Political, or Ideological Interests
Pursuant to Section 287.0501, Florida Statutes, JEA may not:
(i) Request documentation of or consider a vendor's social, political, or ideological interests when determining
whether a vendor is a responsible vendor; or
(ii) Give preference to a vendor based on the vendor's social, political, or ideological interests.
1.17) Prohibition Against Contingent Fees
The Respondent warrants that it has not employed or retained any company or person, other than a bona fide employee
working for the Respondent, or an independent sales representative under contract with the Respondent, to solicit or
secure a contract with JEA, and that it has not paid or agreed to pay any person, company, corporation, or other
individual, other than a bona fide employee working solely for the Respondent, or an independent sale representative
under contract with the Respondent, any fee, commission, percentage, gift, or any other consideration, contingent upon
or resulting from the Award or the Contract. If a breach or violation of the provisions occurs, JEA shall have the right
to terminate the Contract without liability, and at its discretion, to deduct from the Contract Price, or otherwise
recover, the full amount of such fee, commission, percentage, gift or consideration.
1.18) Protest of Solicitation and Award Process
Any protests regarding this Solicitation must be filed in writing and in accordance with the JEA Procurement Code, as
amended from time to time. The JEA Procurement Code is available online at www.jea.com.
1.19) Availability Of Response After Opening
In accordance with the Florida Public Records Law, Florida Statutes, Chapter 119, copies of all Responses are
available for public inspection thirty (30) days after the opening of Responses or on the date of Award announcement,
whichever is earlier. Respondents may review opened Responses once they are available for public inspection by
contacting the designated JEA Buyer or JEA's Public Records custodian whose contact information can be found at
jea.com. JEA will post a summary of the Response results immediately after the Response opening.
1.20) Reservation of Rights of JEA
This Solicitation provides potential Respondents with information to enable the submission of written offers. This
Solicitation is not a contractual offer or commitment by JEA to purchase products or services.
JEA reserves the right to reject all Responses, and to waive informalities if JEA deems such action to be in its best
interest. JEA may reject any Responses that it deems incomplete or irregular including, but not limited to, Responses
that omit a price on any one or more items for which prices are required, Responses that omit Unit Prices if Unit Prices
are required, Responses that offer equal items when the option to do so has not been stated, and Responses that fail to
include a Bid Bond, where one is required.
JEA reserves the right to cancel, postpone, modify, reissue and amend this Solicitation at its discretion.
JEA reserves the right to cancel or change the date and time announced for opening of Responses at any time prior to
the time announced for the opening of Responses. JEA may Award the Contract in whole or in part. JEA may award
multiple or split Contracts if it is deemed to be in JEA's best interest.
1.21) Sunshine Law
Article I, Section 24, Florida Constitution, guarantees every person access to all public records and Chapter 119,
Florida Statutes, provides a broad definition of public records. JEA is subject to these laws and related statutes
("Florida's Public Records Laws"). All Responses to this Solicitation or RFI are public record and available for public
inspection unless specifically exempt by law.
If a Respondent believes that any portion of the documents, data or records submitted in response to this Solicitation
or RFI are exempt from Florida's Public Records Law, Respondent must (1) clearly segregate and mark the specific
sections of the document, data or records as "Confidential," (2) cite the specific Florida Statute or other legal authority
for the asserted exemption, and (3) provide JEA with a separate redacted copy of its Response (the "Redacted Copy").
The cover of the Redacted Copy shall contain JEA's title and number for this Solicitation or RFI and Respondent's
name, and shall be clearly labeled "Redacted Copy." Respondent should only redact those portions of records that
Respondent claims are specifically exempt from the Florida Public Records Laws. If Respondent fails to submit a
redacted copy of information it claims is confidential, JEA is authorized to produce all documents, data and other
records submitted to JEA in answer to a public records request for such information.
In the event of a request for public records to which documents that are marked as confidential are responsive, JEA
will provide the Redacted Copy to the requestor. If a requestor asserts a right to any redacted information, JEA will
notify Respondent that such an assertion has been made. It is Respondent's responsibility to respond to the requestor to
assert that the information in question is exempt from disclosure under applicable law. If JEA becomes subject to a
demand for discovery or disclosure of Respondent's redacted information under legal process. JEA shall give
Respondent prompt notice of the demand prior to releasing the information (unless otherwise prohibited by applicable
law.) Respondent shall be responsible for defending its determination that the redacted portions of its Response are not
subject to disclosure.
By submitting a Response to this Solicitation or RFI, Respondent agrees to protect, defend, and indemnify JEA from
and against all claims, demands, actions, suits, damages, losses, settlements, costs and expenses (including but not
limited to reasonable attorney fees and costs) arising from it relating to Respondent's determination that the redacted
portions of its Response to this Solicitation or RFI are not subject to disclosure.
IF THE COMPANY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE COMPANY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
JEA
Attn: Public Records
225 North Pearl Street
Jacksonville, FL 32202
Ph: 904-665-8606
publicrecords@jea.com
1.22) Scrutinized Companies
Pursuant to Section 287.135(2), Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal
for, or enter into or renew a contract with an agency or local government entity for goods or services of:
(1) Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such
contract, contractor is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725,
Florida Statutes, or is engaged in a boycott of Israel; or
(2) One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or
renewing such contract, contractor:
i. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes; or
ii. Is engaged in business operations in Cuba or Syria.
Pursuant to Section 287.135(3)(a)4, Florida Statutes, JEA may terminate this Contract at JEA's option if this Contract
is for goods or services in an amount of one million dollars or more and the Company:
(1) Is found to have submitted a false certification under Section 287.135(5), Florida Statutes;
(2) Has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes;
(3) Is engaged in business operations in Cuba or Syria.
Pursuant to Section 287.135(3)(b), Florida Statutes, JEA may terminate this Contract at JEA'S option if this Contract
is for goods and services of any amount and Company:
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