13ITB FInal.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No: ITB DOL 22 23 13

Title: PRINTING FOR THE DIVISION OF LICENSING

Carmelita Graham, Procurement Officer 407 S. Calhoun Street, SB-8 Mayo Building

Tallahassee, FL 32399-0800 Bids@FDACS.gov

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Protests must be filed with the Agency Clerk, Florida Department of Agriculture and Consumer Services, The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399.

mailto:Bids@FDACS.gov

BID NUMBER: ITB DOL 22 23 13

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department) seeks to obtain competitive bids for printing of various forms, documents, packets and booklets for the Division of Licensing. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of the Purchase Order are conducted pursuant to 287 Florida Statutes (F.S.) and Rule 60A-1 Florida Administrative Code (F.A.C.).

This solicitation will be administered through the Vendor Information Portal (VIP). Vendors (Bidders or Contractor) interested in submitting a bid must comply with all terms and conditions described in this solicitation.

The Department intends to make a single award; however, the Department reserves the right to make no award, as determined to be in the best interest of the state.

1.2 Timeline

The following timeline will be strictly adhered to in all actions relative to this Invitation to Bid (ITB) unless modified by the Department by written addendum. All required actions must be completed by the date and time indicated on the timeline.

EVENT DATE/TIME (ET) LOCATION

Release of ITB July 15, 2022 Vendor Information Portal

Last day for written Inquiries to be received by the Department July 27, 2022

Florida Department of Agriculture and Consumer Services Email: Bids@FDACS.gov

**ALL EMAILS SHOULD CONTAIN THE

SOLICITATION NUMBER IN THE SUBJECT

LINE OF THE EMAIL**

Anticipated Posting of Written Responses to

Vendor Inquiries July 29, 2022

Vendor Information Portal

Sealed Bids Due August 8, 2022

5:00PM

Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

Public Meeting for Opening of Bids

August 9, 2022

11:00AM

Teleconference Number: 1 (888) 585 – 9008 Conference Room Number: 407 639 217

Anticipated Posting of Recommended Award

August 16, 2022 Vendor Information Portal

The Department shall utilize the State of Florida, Vendor Information Portal as the single resource for all ITB, Public Notice information in accordance with 28-102.001, F.A.C.

1.3 Public Opening

https://vendor.myfloridamarketplace.com/search/bids mailto:Bids@FDACS.gov https://vendor.myfloridamarketplace.com/search/bids https://vendor.myfloridamarketplace.com/search/bids

The Public Opening for this solicitation will be available via teleconference.

DIAL – IN TELECONFERENCE NUMBER: 1 (888) 585 – 9008

CONFERENCE ROOM NUMBER: 407 639 217, Then # and follow prompts

Residents in the State of Florida who are hearing, sight or speech impaired, please contact Florida Relay at 1 (800) 955 – 8771 or visit https://www.ftri.org/relay for assistance.

1.4 Special Accommodations

Any person with a disability requiring special accommodations at the pre-solicitation conference and/or bid/proposal opening shall contact purchasing at the phone number above at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800) 955-8771 (TDD).

1.5 Mandatory Requirements

The FDACS has established certain requirements with respect to bids to be submitted by respondents. The use of “shall”, “must” or “will” (except to indicate simple futurity) in this ITB indicates a requirement or conditions from which a material deviation may not be waived by the Department. A deviation is material if, in the Department’s sole discretion, the deficient response is not substantial accord with the ITB requirements, provides an advantage to one respondent over other respondents, has potentially significant effect on the quantity or quality of items bid, or on the cost of the Department. Material deviations cannot be waived. The words “should” or “may” in this ITB indicate desirable attributes or conditions but are permissive in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a Bid.

1.6 Conflicts and Order(s) of Precedence

All bids are subject to the terms of the following provisions of this ITB, which in case of conflict shall have the following order of precedence:

1) Addenda, in reverse order of issuance

2) ITB, including attachments

3) PUR 1000, General Contract Conditions

4) PUR 1001, General Instructions to Respondents

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Scope of Work

The Bidder is responsible for providing various printing services/ jobs for the Division of Licensing. Please review Appendix I for a detailed specification listed of forms, documents, packets and booklets. The Department reserves the right to make changes to any and all forms specified herein in the event of technical or legislative requirements. No additional charges shall be allowed or incurred from the contractor for any changes to any forms. After changes by the FDACS, Division of Licensing (Division) are provided, additional printing of specified individual pages in the referenced packets specified herein may be required and shall be provided at the per page cost specified herein.

The current version of Items 1 – 33 as defined in this section, are available for download on the Division’s website at: www.fdacs.gov/Divisions-Offices/Licensing https://www.ftri.org/relay https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf http://www.fdacs.gov/Divisions-Offices/Licensing

Direct links for Item forms and publications are available at the following:

https://licensing.freshfromflorida.com/forms/FormsRequest790.aspx https://licensing.freshfromflorida.com/forms/FormsRequest493.aspx

No overruns or under runs shall be allowed for any forms or items.

A hard copy paper proof based on the “camera-ready copy in pdf format” shall be submitted to the Division for approval prior to final print and product delivery.

2.2 Quality and Workmanship

Printing must be of excellent quality that meets each item specification, with consistent inking and workmanship to be accepted. Any printed Item determined by the Department to include inferior quality paper or printing workmanship shall be rejected, and the contractor shall replace the defective printed Item at no additional cost to the Department within the timeframe prescribed.

2.3 Ordering Procedure

The Department shall issue the FDACS purchase order(s) for requested items and quantities.

The Department purchase order shall specify the required item number, package/partial package description, delivery information, and/or quantity. Contractors are cautioned that the Department will not be liable for any pre-printed items, Contractor inventory, or print overruns unless specifically ordered by the Department.

2.4 Order Modifications

No substitutions, variations or changes to contract terms or specifications shall be permitted or acknowledged unless approved in writing, by the Department.

2.5 Estimated Quantities

The Department reserves the right to purchase unlimited additional quantities of all the packages listed herein during the contract period, including partial packages on an as needed basis.

Orders for additional packages (or partial packages) shall be made by Department purchase order. The Department purchase order shall specify the required item number, package/partial package description, delivery information, and/or quantity. The bidder shall hold firm their price during this period. Additional quantities ordered shall be subject to the same terms, conditions and pricing of the initial bid response. The actual number of additional quantities cannot be determined, as the number of required additional quantities are determined by volume of demand in applicants or legislative action.

2.6 Delivery Instructions

The vendor shall contact the Division at (850) 245-5664 or (850) 245-5477 prior to delivery.

Delivery of all items shall be to the:

FDACS-Division of Licensing 1471 Capital Circle N.W., Units 7 and 8, Tallahassee, FL 32303.

https://licensing.freshfromflorida.com/forms/FormsRequest790.aspx https://licensing.freshfromflorida.com/forms/FormsRequest493.aspx

Delivery must be no later than 60 days upon receipt of Purchase Order. Price for delivery of any and all items as specified herein, shall be included in the FIRM FIXED UNIT PRICE of each. The Department shall not pay separate delivery fee(s) associated with the delivery of any item listed this Bid.

NOTE: The vendor must have a lift gate truck. There is no loading dock, delivery will be placed in the door. This is an on-demand warehouse.

2.7 Initial Term

It is anticipated that the initial term resulting from this ITB will be effective from the issuance of a purchase order to June 30, 2023.

SECTION 3.0 INVITATION TO BID PROCESS

3.1 Advertisement

This ITB is hereby advertised on the State of Florida VIP. To find the ITB or other related information, enter Agency “Department of Agriculture” and click on “Advertisement Search” at the bottom of the web page. If unable to download the document(s), contact the FDACS Procurement Officer.

3.2 General Instructions to Respondents (PUR 1001)

Pursuant to Rule 60A-1.002 F.A.C., the General Instructions to Respondents, PUR 1001, are incorporated in this ITB by reference. There is no need to return this document with the bid response.

Any terms and conditions set forth within this FDACS ITB document shall supersede any and all conflicting terms and conditions set forth within the PUR 1001. Specific references to MyFloridaMarketPlace (MFMP) usage for this ITB stated in paragraphs 3 and 5 of the PUR 1001, General Instructions to Respondents are not applicable.

3.3 Bidder Inquiries

The Procurement Officer, acting on behalf of the FDACS, is the sole point of contact of official meetings, questions, and all procurement related matters relating to this solicitation from the date of the release of the solicitation until the FDACS Notice of Agency Decision is posted on the VIP.

Questions related to this ITB, or requests for approved equivalents (if applicable), must be received in writing, via email, by the Procurement Officer listed below, within the time indicated in the Timeline. Oral inquiries, or those submitted after the period specified in the Timeline, will not be acknowledged.

Responses to written questions will be posted on the VIP on or about the date referenced in the Timeline. The VIP is located at: Vendor Information Portal.

The Procurement Officer for this ITB is:

Carmelita Graham, Purchasing Director https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800 Email: Bids@FDACS.gov

**ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE SOLICITATION

NUMBER IN THE SUBJECT LINE OF THE EMAIL**

Between the release of the solicitation, and the end of the 72-hour period following posting of notice of intention to award (72-hour period excludes Saturdays, Sundays and state holidays), bidders responding to this solicitation, or persons acting on their behalf, may not contact any employee or officer of the executive or legislative branches of government, concerning any aspect of this solicitation, except in writing to the procurement officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(23), Florida Statutes.

3.4 Addenda

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation documents or exhibits, addenda, and materials relative to this procurement during the bidding period, information will be posted on the VIP (Vendor Information Portal) as a written addenda. Any addenda issued in relation to this solicitation shall thereby become part of the final bid specifications and requirements.

Interested parties are responsible for monitoring this site for new, changing, or clarifying information relative to this solicitation.

3.5 MyFloridaMarketPlace (MFMP) Registration

Each vendor desiring to sell commodities or contractual services as defined in Section 287.012, F.S., to the State is prequalified to do so and shall register in the MFMP system, unless exempted under subsection 60A-1.033(3) F.A.C. Information about the registration process is available, and registration may be completed, at the MFMP website: Vendor Information Portal. Interested persons lacking internet access may request assistance from the MFMP Customer Service at

(866) 352-3776.

Vendors should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity Code(s) pertaining to this Procurement:

• 14111800- Business use papers

• 55101500- Printed publications

3.6 Vendor Substitute W-9

The Florida Department of Financial Services (DFS) requires all bidders that conduct business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on that website once a registration has been completed. DFS may assist bidders with questions and be reached by contacting (850) 413-5519, or FLW9@myfloridacfo.com.

The awarded Vendor must have a valid W-9 on file with the DFS prior to issuance of a contract.

This may be completed by the bidder post-award and is not something which FDACS will mailto:Bids@FDACS.gov https://vendor.myfloridamarketplace.com/vms-web/spring/login?execution=e1s1 https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com consider in determining the responsiveness of a bid.

3.7 Cost of Bid Preparation

Neither the Department, nor the state of Florida, is liable for any costs incurred by a bidder in response to this ITB.

3.8 Instructions for Bid Submittal

Each bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the bidder’s capabilities to satisfy the requirements of this ITB. Elaborate bindings, colored displays and promotional material are discouraged. Emphasis in each bid must be on completeness and clarity of content. In order to expedite the review of bids, it is essential that bidders follow the format and instructions.

1) Bids may be sent by U.S. mail, courier, overnight or hand delivered to the location indicated in the Timeline. Electronic (email/fax) submission of bids will not be accepted for the ITB.

2) All bids must be submitted in a sealed envelope/package with the relevant ITB number clearly marked on the outside of the envelope/package.

3) It is the bidder’s responsibility to assure its bid submittal is delivered to the proper place and time as stipulated in the Timeline.

4) Late bids will not be accepted.

3.9 Bidder Acknowledgement

By submission of a signature on the FDACS Acknowledgment Form, the Bidder certifies that they comply with all terms and conditions contained herein. The Bid must contain the original signature of an authorized representative who can legally bind the Bidder. The product offered by the Bidder will conform to the specifications of this ITB without exception.

Bidders must include Attachment A, FDACS Acknowledgement Form with their Bid response.

3.10 Price Sheet

The bidder shall complete, sign, date and return Attachment B, Price Sheet.

Bid prices must be firm and be inclusive of all packaging, handling, shipping and delivery charges, environmental and fuel service fees, and any other relevant and related charges.

No remuneration is available to the Bidder beyond the Bid price for all specifications and considerations in response to this ITB, as outlined herein. Bidders will be strictly held to the prices of their Bid. The contents of this ITB and vendor Bid submission will become a contractual obligation upon execution of the purchase order or contract.

Quantities referred to are estimated quantities. If the Price Sheet stipulates a unit price, the Department reserves the right to increase or decrease the quantities and amounts. No guarantee is made regarding actual orders issued for items or quantities. The FDACS shall not be responsible for Vendor inventory or order commitment.

If a submitted Price Sheet includes inconsistencies, inaccuracies or is incomplete, it may be rejected by the Department. All calculations will be reviewed and verified. The Department may correct mathematical errors, however, in the event of any miscalculation, unit prices shall prevail.

3.11 Price Escalation

It is agreed that the Firm Fixed Price for each item includes compensation for the Vendor to actively conduct cost and price control activities. It is the intention of both parties that pricing shall remain firm during the initial term and that the parties may consider a price increase for future purchases. The increase shall not to exceed 5% of the original awarded bid price. Vendor should submit a written request to the FDACS that includes supporting documents justifying requested increases prior to the desired implementation date.

At the request of the Department, the Vendor shall provide evidence, cite sources, specific conditions and document how those conditions affect the cost of performance, and specific efforts the Vendor has taken to control and reduce those and other costs to avoid the need to increase prices. Due to current global supply chain challenges, the Department reserves the right to modify the price escalation percentage as it relates to current market analysis. The FDACS will review the proposed pricing and determine if it is allowable, fair and reasonable, and in the best interest of the state of Florida to accept the price increase. The FDACS reserves the right to terminate and re-solicit the procurement if both parties cannot agree to the price escalation.

3.12 Vendor Generated Terms and Conditions

The FDACS objects to and shall not consider any different or additional terms or conditions submitted by a Bidder, including any appearing in documents attached as part of a Bidder’s response. In submitting a response, a Bidder agrees that any additional or different terms or conditions, whether submitted by Bidder intentionally or inadvertently, shall have no force and effect and shall be grounds for rejecting a Bid. Bidder’s failure to agree to comply with FDACS’ terms and conditions, including those specifying information that must be submitted with a Bid, shall be grounds for rejecting a Bid.

The purchase or contract issued by the FDACS as a result of this ITB shall incorporate all terms and conditions identified herein. No oral agreements or representations shall be valid or binding upon FDACS or the Bidder unless expressly contained herein or by a written addendum submitted by FDACS to this ITB.

3.13 Public Records

Any and all documents submitted in response to this ITB shall be considered public record pursuant to Chapter 119, Florida Statutes.

3.14 Disclosure of Bid Submittal Contents

All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the bidder or its agents or returned. The Department shall have the right to use any or all ideas, or adaptations of the ideas, presented in any bid. Selection or rejection of a bid shall not affect this right.

3.15 Bid Opening

Bids are due, and will be publicly opened, at the time, date, and location specified in the Timeline.

Bid responses received late (after bid due date and time) will not be accepted, nor considered, and modification by the bidder of submitted bids will not be allowed, unless the Department has made a request for additional information. Department staff will not be held responsible for the inadvertent opening of a bid response if it is not properly sealed, addressed, or identified.

3.16 Administrative Review

Each Vendor shall submit a Bid that meets all material requirements of this ITB. Material requirements are those without which adequate analysis and comparison of Bids is impossible or those that affect the competitiveness of the Bid. Bids that do not meet all requirements, specifications, terms and conditions of this solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive.

The Department may request, and Bidder shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Bid being deemed non-responsive.

IF FDACS DETERMINES, IN ITS SOLE DISCRETION, THAT THE CONDITIONS OF THE BID

DOCUMENTS ARE NOT COMPLIED WITH, OR THAT THE PRODUCT PROPOSED TO BE

FURNISHED DOES NOT MEET THE SPECIFIED REQUIREMENTS, THE BID MAY BE

REJECTED AS NON-RESPONSIVE.

3.17 The Florida Based Business Preference

When commodities are to be procured using state funds, pursuant to Section 287.084, Florida Statutes, the lowest responsible and responsive bidder whose principal place of business is located within the state of Florida is entitled to a preference over the lowest responsible and responsive bid submitted by a bidder whose principal place of business is located outside of this state. The preference will be determined as follows:

1) If the lowest bid is submitted by a bidder whose principal place of business is located outside of the state of Florida, and that state or political subdivision grants a preference to vendors whose principal place business is with that state or political subdivision, the preference given to the lowest bidder whose principal place of business is within the state of Florida shall be equal to that granted in the other state or political subdivision.

2) If the lowest bid is submitted by a bidder whose principal place of business is located outside the state of Florida, and that state does not grant a preference to bidders having a principal of business in that state, the preference granted to the lowest responsible and responsive bidder having a principal place of business within the state of Florida shall be five percent (5%).

3) A vendor whose principal place of business is outside of the state of Florida must accompany any written bid, proposal or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.

Failure to submit this letter will result in disqualification of the bid.

3.18 Basis of Award

An award shall be made to the responsive and responsible bidder with the lowest Total Price, as specified in Attachment B, Price Sheet for all specifications and considerations in response to this ITB. An award from this Bid does not constitute an official purchase order or contract, agreement or commitment on behalf of the state.

In the event the bidder with the lowest Total Price is found non-responsive or withdraws their submission, the Department may proceed to the next responsive bidder with the lowest Total Price and continue the award process.

The Department reserves the right to award, or not award, contract(s) based on the availability of funds.

3.19 Less Than Two Responsive Replies

In the event that FDACS receives less than two (2) Responsive Replies, the Department reserves the right to negotiate the best terms and conditions with the single Responsive Vendor pursuant to

287.057 (6) F.S.

3.20 Bid Rules for Withdrawal

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department. The withdrawal request must be signed by an authorized representative of the bidder and must be received within 72 hours after the bid submission date indicated in the Timeline. Any submitted bid shall remain valid for 90 days from the bid submission date.

3.21 Verbal Instruction Procedure/Discussions

The bidder shall not initiate, or execute, any negotiation, decision, or action arising from any verbal discussion with any state employee. Only written communications from the Department’s Procurement Officer are considered duly authorized expressions on behalf of the state. Additionally, only written communications from a bidder are recognized as duly authorized expressions on behalf of the bidder. Any discussion by a bidder with any employee, or representative of the Department, involving cost or price information, occurring prior to posting of the Notice of Agency Decision, may result in rejection of said bidder’s response.

3.22 No Prior Involvement and Conflict of Interest

Section 287.057(17)(c), Florida Statutes, provides, “A person who receives a contract that has not been procured pursuant to Subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a bidder who responds to a request for information from being eligible to contract with an agency.”

The Department considers participation in a solicitation to be any actions related to the decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or functioning in any other advisory capacity.

The bidder shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service, which they may do, or perform, for, or on behalf of, any officer, agent or employee of the bidder. Officers, agents or employees of the Department shall not have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department.

The bidder shall have no interest, and shall not acquire any interest, that conflicts in any manner, or degree, with the performance of the services required under this ITB.

3.23 Scrutinized Companies and Prohibited Business Activities

Pursuant to Section 287.135, 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 governmental entity for goods or services of any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company 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.

When goods or services to be provided are $1 million or more, Section 287.135, Florida Statutes, requires the contractor to certify that it is not 1) on the Scrutinized Companies with Activities in Sudan List; 2) on the Scrutinized Companies; with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or 3) engaging in business operations in Cuba or Syria.

In order for your bid to be considered responsive, Attachment C, Certification Regarding Scrutinized Companies Form, must be completed and included in your bid package. The list may be found at https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.asp

x. The Department may immediately terminate any contract, as a result of this bid, for cause if the contractor is found to have submitted a false certification.

3.24 Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds Tie Bids

Any person submitting a response to this bid MUST execute the enclosed form FDACS-01522, Attachment D, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds and enclose it with his/her bid or proposal. The Certification for Lobbying is required for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

3.25 Identical Tie Bids

When evaluating Bidder responses to solicitations where there is identical pricing or scoring from two or more Bidders, the Department shall determine the order of award in accordance with Sections 287.057 (11), 287.082, 287.087, 287.092 and 295.187(4), Florida Statutes.

1. CERTIFIED MINORITY BUSINESS ENTERPRISE

Pursuant to Section 287.057(11), Florida Statutes, if two equal bids are received and one bid is from a certified minority Business Enterprise, the Department must contract with the Certified Minority Business Enterprise. Bidders must provide a copy of this certification in their bid response to receive this preference.

2. COMMODITIES MANUFACTURED, GROWN OR PRODUCED IN STATE

GIVEN PREFERENCE

Pursuant to Section 287.082, Florida Statutes, whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown or produced within this state, and whenever all things stated in such received bids are equal with respect to price, quality and service, the commodities manufactured, grown or produced within this state shall be given preference. Bidders must provide proof in their bid response to receive this preference.

3. CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

Pursuant to Section 287.087, Florida Statutes, whenever two or more bids, proposals or replies that are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. To be considered for the drug-free workplace program preference, bidders may provide Attachment E, Certification of Drug-Free Workplace Program Form that it has implemented a drug-free workplace program. Submission is required.

4. PREFERENCE TO CERTAIN FOREIGN MANUFACTURERS

Pursuant to 287.092, Florida Statutes, any foreign manufacturing company with a factory in the state and employing over 200 employees working in the state shall have preference over any other foreign company when price, quality and service are the same, regardless of where the product is manufactured. Bidders must provide proof in their bid response to receive this preference.

5. FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT

PREFERENCE

Pursuant to Section 295.187(4), Florida Statutes, a state agency, when considering two or more bids, proposals or replies for the procurement of commodities or contractual services, at least one of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality and service, shall award such procurement or contract to the certified veteran business enterprise.

Proof of certification pursuant to Section 295.187(5), Florida Statutes, shall accompany the bid. Failure to submit proof of certification will result in non-application of the preference.

3.26 Disqualification of Bidders

More than one bid from an individual, firm, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a bidder is interested in more than one bid for the same work will cause the rejection of all bids in which such bidders are believed to be interested.

If there is reason to believe that collusion exists among the bidders, any or all bids will be rejected. No participants in such collusion will be considered in future bids for the same work.

Falsifications of any entry made on the bidder's offer will be deemed a material irregularity and will be grounds for rejection.

3.27 Rejection of bids

The Department reserves the right to reject any and all bids when such rejection is in the interest of the state of Florida and to reject the bid of a bidder who the Department determines is not in a position to perform the contract.

3.28 Protest Procedures

Pursuant to Section 120.57(3), Florida Statutes, a Notice of Protest or Formal Written Protest must be filed with the Department’s Agency Clerk. Filings may be made physically at The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399. Filings received after regular Business Hours (8:00 a.m. to 5:00 p.m., ET) will be filed the next business day. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

SECTION 4.0 SPECIAL CONDITIONS

4.1 Purchase Order Terms and Conditions

It is the intent of the FDACS to issue a purchase order for the desired product and/or services as specified in this ITB. The FDACS purchase order terms and conditions shall be incorporated into the final a purchase order and in the case of conflict between the department purchase order terms and conditions and any vendor generated terms and conditions, the FDACS purchase order terms and conditions shall prevail: FDACS-01341 Terms and Conditions.

4.2 Renewal

The contract may be renewed by mutual agreement on a yearly basis for no more than three (3) years, or for a period no longer than the term of the original contract, whichever period is longer at the same prices, terms and conditions.

4.3 Warranty and Substitutions

A warranty is required on all items purchased against defective materials, workmanship, and failure to perform in accordance with required industry performance criteria, for a period of not less than ninety (90) days from the date of acceptance by the purchaser. Any deviation from this criterion must be documented in the bid response or the above statement shall prevail. Delivery of substitute commodities requires prior written approval from the ordering location.

4.4 Damaged Commodities

The commodities shall be to the Department satisfaction and are subject to the Department’s approval. The bidder bears all risk of loss or damage to the commodities until the Department has accepted delivery of the commodities. The Department shall be entitled to return, at the Bidder’s expense, any commodities which the Department deems to be unsatisfactory.

4.5 Public Entity Crimes

A person or affiliate, who has been placed on the convicted vendor list following a conviction for a public entity crime; may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant https://forms.freshfromflorida.com/01341.pdf under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two, for a period of 36 months from the date of being placed on the convicted vendor list..

4.6 Discrimination Statement

An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; 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.

4.7 Antitrust Statement

A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

4.8 Employment of Unauthorized Aliens

Pursuant to Executive Order 96-236, effective October 1, 1996, the following standard provision shall apply to any contract awarded as a result of this Invitation to Bid (ITB):

The employment of unauthorized aliens by any contractor is considered a violation of section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. The awarded vendor avers that it is registered in the E-Verify system and further agrees to comply with the provisions of Section 448.095(2), Florida Statutes.

4.9 National Defense Authorization Act

By submission of this bid response, the Bidder hereby represents and warrants that it shall comply with the Federal Acquisition Regulation 52.204-25, prohibition on contracting for certain telecommunications and video surveillance services or equipment pursuant to the National Defense Authorization Act. Failure to comply or if the Bidder knowingly provides funds to any entity prohibited from receiving a contract or award pursuant to the Federal Acquisition Regulation 52.204-25, shall be cause for unilateral cancellation of the Department’s purchase order or contract. Subcontractors shall be verified through the General Services Administration (GSA) Federal Excluded Parties List: https://sam.gov/SAM/.

4.10 Cooperation with the Inspector General

Pursuant to Section 20.055(5), Florida Statutes, the contractor and any subcontractors understand and will comply with their duty to cooperate with the inspector general in any investigation, audit, inspection, review or hearing.

4.11 Vendor Ombudsman

https://sam.gov/SAM/

Vendors providing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve the goods and service, unless the bid specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Financial Services.

The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved.

If a payment is made within 40 days, a separate interest rate shall apply in accordance with Section 55.03 Florida Statutes (F.S).

A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.

4.12 Payment and Invoicing

Payment will be made upon delivery and/or satisfactory completion, by state government warrant.

Invoices must be submitted in sufficient detail, to allow for a proper pre-audit and post-audit thereof, to FDACS-Division of Licensing, ATTN: Fiscal Section Supervisor, P.O. Box 5647, Tallahassee, FL 32314-5647. Partial payments may be made upon satisfactory delivery of items and receipt of invoices. Payment will be made based on the bid price and successfully delivered items. Payment shall be made in accordance with Section 215.422, F.S.

Invoices shall be submitted as outlined in the resulting purchase order or contract.

4.13 Modifications after Purchase Order or Contract Execution

Any changes in the specifications, delivery, quantity or terms of the executed purchase order or contract must be agreed upon by the Department and the awarded Vendor by written change order or contract amendment.

If the awarded Vendor requests an equitable adjustment in the price(s) or delivery date(s), that affects the cost or time of performance, such equitable adjustments require the express written approval of the Department’s contract manager or designee and a written purchase order or contract amendment.

4.14 Annual Appropriation

The state of Florida’s and the Department’s performances and obligations to pay for services under any contract or purchase order are contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement.

APPENDIX I

ITEM SPECIFICATIONS

ITEM 1

Concealed Weapon or Firearm License Application Packet:

Quantity: 200,000 Each (total)

Construction: Twelve (12) total pages in documents A and B. Document A pages (Application Instruction packet) may be glued left edge or saddle stitched. Document B pages (Concealed Weapon or Firearm License Application form, FDACS-16036) must be perforated along the left edge of the document to allow the applicant to detach the first page from the second page, so that the remaining page containing the applicant’s data may be submitted to the Division.

The Concealed Weapon or Firearm License Application packet consists of the following supplies (A through E or A through F, if option F is included) and assembling of packet:

A. Concealed Weapon or Firearm License Application Instruction packet (DOL004) as follows

(APPENDIX I):

Size: 8 ½” x 11" (no deviation from this required size)

# of pages: 8 (4 double-sided pages, front and back)

Paper: 55 lb. offset or 20 lb. register bond

Composition: All sheets printed differently, front and back

Ink: Black, all sheets front and back; vendor must ensure no bleed through from front to back of sheets.

Typesetting: Camera-ready copy in pdf format shall be provided by the Department. Blank pages allowed as needed.

NOTE: Optional per page pricing required.

B. Concealed Weapon or Firearm License Application (FDACS-16036) as follows:

Size: 8 ½” x 11" (no deviation from this required size)

# of pages: 4 (2 double-sided pages, front and back)

Paper: 24 lb. OCR to meet specifications for use on Kodak I5200 duplex color scanner

Composition: All sheets printed differently, front and back

Ink: Black, all sheets front and back; vendor must ensure no bleed through from front to back of sheets.

Typesetting: Camera-ready copy in pdf format shall be provided by the Department. Blank pages allowed as needed.

Additional: Pricing for this item must include printing a unique number in two places on two different pages of this application. The vendor will be provided a data file containing a unique tracking number to be printed on two pages of this item. This number will be printed along with a corresponding, matching bar code in “3 of 9 format” (sample attached) and must be printed using a minimum font size of 10.

Other items in the referenced packets herein may require pricing for this option and shall be provided as a separate price on the bid price sheet.

For items 1-A and 1-B, these two parts are to be printed as a separate 8 page booklet and a separate 4 page brochure (see Appendix I / samples: Item 1-A 16036 Instructions.pdf & Item 1-B Application w Tracking Nmbr.pdf).

For all items, “notes” pages or blank pages are allowed. “Signatures” should be in increments of 4, 8, 16 or 32 pages only. Therefore, providing a booklet and adding 2 blank sheets at the end (perhaps going from 44 to 48 pages) are allowable as 48 is a 16-page signature. Note, for example, that 48 pages means 24 “two-sided” pages and an 8 ½” x 11" page size specification may not be 8.375” x 10.875” or 8 ½” x 10 7/8”. Pages may be glued left edge or saddle stitched.

NOTE: Optional per page pricing required.

* Item 1a and 1b, should never be ordered individually. When Item 1 is ordered, all parts to Item 1 (a-e) should be included.

C. 9 ½” x 12 ½” Kraft #28 envelope, self-sealing, printed front and flap with green indicia, first class, return address printed (also in green ink) in top left corner and DO NOT BEND printed as specified on sample.

Typesetting: Sample shall be provided by the Department.

D. 9” x 12” Kraft #28 envelope, printed front and flap (return address and DO NOT BEND) and flap gummed.

Typesetting: Sample shall be provided by the Department.

E. Fingerprint card (size 8" x 8") (DOL002) will be furnished by the Department to the successful bidder but will require printing of 790.06 in the reason fingerprinted section and "XXXXXXXXX DOA-CONSUMER SVC-LIC TALLAHASSEE, FL" in the ORI section of the card. The actual ORI number will replace the "XXXXXXXXX" portion of the text in the ORI section and will be provided to the vendor.

Typesetting: Sample shall be provided by the Department.

NOTE: All items listed above in the Concealed Weapon or Firearm Application packet shall be assembled as complete packages stuffed and ready to be mailed. All items (including return address envelope) shall be inserted into the 9 ½” x 12 ½” envelope.

ITEM 2

Class "D" Security Officer License Application Packet:

Quantity: 60,000 Each (total)

Ink: Black, all sheets front and back; vendor must ensure no bleed through from front to back of sheets.

Construction: All pages (12 total), glued left edge or can be saddle stitched. The Class "D" Security Officer License Application (FDACS-16007) (document B) in the application packet shall be perforated along the left edge of the document to allow the applicant to remove the application from the packet for submission to the Division.

Composition: All sheets printed differently, front and back.

Typesetting: Camera-ready copy in pdf format shall be provided by the Department. Blank pages allowed as needed.

The Class "D" Security Officer License Application packet consists of the following documents (A through B):

A. Class "D" Security Officer License Application Instruction packet (I4000) as follows:

Size: 8 ½” x 11" (no deviation from this required size)

# of pages: 6 (3 double-sided pages, front and back, plus one page-blank page allowed)

Paper: 55 lb. offset or 20 lb. register bond

NOTE: Optional per page pricing required.

B. Class "D" Security Officer License Application form (FDACS-16007) as follows:

Size: 8 ½” X 11" (no deviation from this required size)

# of pages: 6 (3 double-sided pages front and back)

Paper: 24 lb. OCR to meet specifications for use on Kodak I5200 duplex color scanner.

NOTE: Optional per page pricing required.

Optional pricing for printing a unique number on two (2) pages is required for this item. The vendor will be provided a data file containing a unique tracking number to be printed on two pages of this item. This number will be printed along with a corresponding bar code in "3 of 9 format" and must be printed using a minimum font size of 10. If this option increases the number of pages in this document, the increase in number of pages will be priced using the optional per page pricing.

ITEM 3

Class "G" Statewide Firearm License Application Packet:

Quantity: 25,000 Each (total)

Ink: Black, all sheets front and back; vendor must ensure no bleed through from front to back of sheets.

Construction: All pages (12 total), glued left edge or can be saddle stitched. The Class "G" Security Officer License Application (FDACS-16008) (document B) in the application packet shall be perforated along the left edge of the document to allow the applicant to remove the application from the packet for submission to the Division.

Composition: All sheets printed differently, front and back.

Typesetting: Camera-ready copy in pdf format shall be provided by the Department. Blank pages allowed as needed.

The Class "G" Statewide Firearm License Application packet consists of the following documents (A through B):

A. Class "G" Statewide Firearm License Application Instruction packet (I4500 as follows:

Size: 8 ½” x 11" (no deviation from this required size)

# of pages: 6 (3 double-sided pages, front and back, plus one page-blank page allowed)

Paper: 55 lb. offset or 20 lb. register bond

NOTE: Optional per page pricing required.

B. Class "G" Statewide Firearm License Application form (FDACS-16008) as follows:

Size: 8 ½” X 11" (no deviation from this required size)

# of pages: 6 (3 double-sided pages front and back)

Paper: 24 lb. OCR to meet specifications for use on Kodak I5200 duplex color scanner

NOTE: Optional per page pricing required.

Optional pricing for printing a unique number on two (2) pages is required for this item. The vendor will be provided a data file containing a unique tracking number to be printed on two pages of this item. This number will be printed along with a corresponding bar code in "3 of 9 format" and must be printed using a minimum font size of 10. If this option increases the number of pages in this document, the increase in number of pages will be priced using the optional per page pricing.

ITEM 4

Class "K" Firearms Instructor License Application Packet:

Quantity: 1,200 Each…