2-ITB Conditions.pdf

ITB CONDITIONS

The following Prerequisites are required and must be accepted by the proposed Bidder:

1. EXECUTION OF BID: All responses must be submitted using the Florida Atlantic University (“FAU” or “University”) electronic sourcing system. All costs associated with responding to this ITB are the sole responsibility of the Proposer.

2. DISPOSITION OF BIDS: All Bids become the property of Florida Atlantic University. The University shall have the right to use all ideas, and/or adaptations of those ideas, contained in any Bid received in response to this ITB.

3. TAXES: FAU is a public body corporate of the State of Florida and does not pay Federal Excise and Sales taxes on direct purchases of goods and services.

4. MISTAKES: Proposers are expected to examine the conditions, scope of work, Bid prices, extensions and all instructions pertaining to the goods and services involved. Failure to do so will be at the Proposer's risk. Proposers must check their response for any errors and state any applicable discount(s) in the Bid.

5. CONFLICTS OF INTEREST: All individuals participating in this procurement process are bound by the Florida Code of Ethics for Public Employees, Chapter 112, F.S. and FAU Regulation 5.011, University Ethics. All proposers must disclose with their Bid the name of any officer, director, or agent who is also an employee of the University. Further, all Proposers must disclose the name of any University employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer's firm or any of its branches.

6. BID OPENING: Shall be public, on the date and at the time specified. It is the bidder's responsibility to assure that his bid is posted at the proper time. A bid may not be altered after the closing dates.

7. WITHDRAWAL/AWARDS: As the best interest of the University may require, the University expressly reserves the right at any time and for any reason to cancel this Invitation to Bid (ITB) or reject any and all bids or waive any minor irregularity or technicality in bids received. The University shall bear no responsibility or liability for any damages or costs associated therewith. Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive.

8. NOT AN OFFER OF PURCHASE: This solicitation is not an offer of purchase. Statements and information contained within this document should not be construed as binding on the University in any way. All terms and conditions are subject to further interpretation and modification by FAU through the issuance of written addenda. The University has made its best efforts to define existing requirements.

This solicitation is a request for information to assist the University in making an acquisition decision and enter into an agreement with the successful Bidder(s) for the effort outlined herein.

This solicitation is neither a commitment nor a guarantee of business volume or revenue to the Bidders.

No FAU personnel are authorized to make a commitment, either verbally or in writing, until the contracting process has been completed and a written agreement/Purchase Order is provided to the successful firm signed by an authorized FAU signatory.

9. INTERPRETATIONS: Any questions concerning conditions and specifications shall be directed in writing using the Q&A section of this electronic sourcing system by the date indicated within this ITB.

Questions received after this time may not be answered prior to the opening of Bids and requests to extend the opening date in order to address questions may not be honored subject to the sole discretion of FAU.

10. DISPUTES: Any person protesting a specification must timely file a Notice of Intent to Protest with the University within 72 hours of the University’s electronic posting of the specification that is being protested. Failure to timely file a Notice of Intent to Protest within 72 hours of the posting of the specification shall constitute a waiver of the right to protest proceedings related to that specification.

11. INFORMATION: Information, including all postings referred to in this ITB, will be posted electronically on the FAU Purchasing website:

https://www.fau.edu/procurement/bid-info/

At all times it shall remain the responsibility of the proposer to check the website for postings of addenda, short lists, and award decisions. No further notice will be given.

12. AMENDMENTS: Amendments may be issued within the FAU electronic sourcing system prior to the Bid closing, which may modify, supplement or interpret any portion of this ITB. No verbal or written information from other sources are authorized as representing the University.

13. NOTICE OF BID PROTEST BONDING REQUIREMENT: Any entity filing an action protesting a decision or intended decision to a competitive solicitation pursuant to Board of Governors’ Regulation

18.002 shall, at the time of filing of the formal protest, post with the University, a bond prescribed by Board of Governors’ Regulation 18.003. FAILURE TO FILE THE PROPER BOND AT THE TIME OF

FILING THE FORMAL PROTEST WILL RESULT IN A DENIAL OF THE PROTEST.

14. PERMITS AND LICENSES. The Proposer shall be responsible to obtain and maintain, at its sole cost and expenses, all necessary permits and licenses to comply with all federal, state, and local statutes, rules and regulations, and all University regulations, standards and policies.

15. PUBLIC RECORDS: Any material submitted in response to this ITB will become a public document pursuant to Section 119.07, F.S. This includes material that the responding Proposer might consider to be confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.07, F.S.

16. AS SPECIFIED: All materials and services proposed must meet the specifications stated herein.

https://www.fau.edu/procurement/bid-info/

17. PROFESSIONAL CONDUCT: All persons must govern their conduct in a professional business manner. Sexual harassment, discrimination and/or any other behavior considered unprofessional, disruptive or not conducive to the University environment or in violation of University regulations or policies will not be tolerated. Any person participating in unacceptable activities will not be allowed to continue in the solicitation process.

18. PUBLIC ENTITY CRIME LAW: The University shall not accept a competitive solicitation from or purchase commodities or contractual services from a person or affiliate who has been convicted of a public entity crime and has been placed on the State of Florida’s convicted vendor list for a period of 36 months from the date of being added to the convicted vendor list.

19. EQUAL OPPORTUNITY STATEMENT: FAU is committed to equal opportunity practices, which conform to both the spirit and the letter of all laws against discrimination, and is committed to non-discrimination or harassment based on race, color, religion, sex, age, national origin, disability, veteran status, marital status, sexual orientation, gender identity or expression or other protected status.

To be considered for inclusion as a supplier under this agreement, the Proposer commits to the following:

a) The provisions of Executive Order 11246, September 24, 1965, and the rules, regulations and relevant orders of the Secretary of Labor are applicable to each order placed against this agreement regardless of value. See attached.

b) If the Proposer expects to receive $10,000 in orders during the first 12 months of this agreement, a complete certificate of non-segregated facilities shall be attached to the bid response. Sample certificate attached.

c) If the Proposer expects to receive $50,000 in orders during the first twelve months of this agreement and employs more than 50 people, standard form 100 (EEO-1) must be filed prior to March 1 of each year.

d) If the Proposer expects to receive $50,000 in orders during the first 12 months and employs more than 50 people, a written program for affirmative action compliance must be maintained by the Proposer, subject to review upon request by the user agencies of this agreement.

20. SPECIAL ACCOMMODATION: Persons with a disability requiring accommodation should contact the FAU Equal Opportunity Programs Office at 561-297-3004 at least five working days in advance to make appropriate arrangements. Persons with hearing or speech impairments should contact the same by using the Florida Dual Party Relay System at 1-800-955-8770 (voice) or 1-800-955-8771 (TDD).

21. CAMPUS PARKING: All proposers accessing FAU campuses are required comply with all Traffic and Parking rules and regulations. For information concerning parking decals or the University’s traffic and safety rules and regulations, please call or (561)-297-2770 or access the Traffic and Parking web site on the Internet at: http://www.fau.edu/parking/.

22. SERVICE AND WARRANTY: Unless otherwise specified, the Proposer shall define any warranty service and replacements that will be provided during and subsequent to a contract award. Proposers must explain to what extent warranty and service facilities are provided.

http://www.fau.edu/parking/

23. SUBCONTRACTING: If the Proposer intends to use any second party to perform any work under this solicitation, the Proposer must submit the individual(s) or company(s) names, address, phone number, and contact person for the subcontractor with their Bid. Failure to provide this information may be considered grounds for disqualifications. All subcontractors shall meet all of the requirements set forth in the solicitation and shall not relieve the Proposer of responsibility to the University.

24. WAGE, HOUR AND LEGISLATIVE CHANGES: No changes will be allowed during the length of any award or contract resulting from this solicitation as a result of changes in the federal or state minimum wage rates, labor laws, or any other legislative rule or law that affects the Vendor’s cost of doing business or the salary and benefits paid to their employees. The only allowable exception to this provision is in services contracts for those labor rates and grades that are specifically identified in the Bid as minimum wage earning positions.

25. GOVERNING LAW AND VENUE: This solicitation and any resulting contracts or purchase orders, if any, and any disputes thereunder will be governed by the laws of the State of Florida and shall be deemed to have been executed and entered into in the State of Florida. Any such contracts or purchase orders shall be construed, performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State of Florida, and any Proposer’s provision in conflict with Florida law and rules shall be void and of no effect. FAU and the Proposer hereby agree that this solicitation and resulting contracts or orders, if any, shall be enforced in the courts of the State of Florida in Palm Beach County, Florida.

26. USE OF THE FAU LOGO AND OTHER SYMBOLS AND PRODUCTS:

Use of FAU’s name, logo or any other symbolic or written reference and/or presentation requires advance written approval by the University.

27. COOPERATIVE AGREEMENT:

This solicitation and any agreement resulting from this solicitation shall be for the use of FAU unless otherwise indicated. Other state universities, community colleges, district school boards, other educational institutions, and other governmental and public entities may assess orders or agreements resulting from this solicitation. Any such third-party agreements and orders shall not directly nor indirectly change, amend, or affect the validity and construction of FAU’s solicitation or agreement, nor shall it alter FAU’s ability to obtain goods and services timely and as specified.

28. SOLE POINT OF CONTACT

The University’s sole point of contact for all matters relating to this solicitation is:

Name & Title: Lisa Buck, Purchasing Agent III E-Mail: lisabuck@fau.edu Florida Atlantic University Attn: Procurement Services Administration Building/AD10, Room 159 777 Glades Road Boca Raton, Florida 33431-0991

Confidentiality: From the date of issuance of this solicitation, until an award is made, the vendor must not make available or discuss its Bid, or any part thereof, with any employee or agent of the University, unless permitted by the Director of Procurement and/or designee, in writing, for purposes of clarification only, as set forth herein.

Any individual, associated with the company participating in this solicitation, who contacts any other university employee and/or Selection/Evaluation Committee member regarding any aspect of this solicitation, or who attempts to discuss the solicitation with any representative of FAU, other than the person designated as the sole point of contact, whether such contact be in person, telephone, or through electronic or written correspondence, may be determined to have violated the terms and conditions of this solicitation. If that determination is made, any Bid received from such an individual or its company may be rejected as non-responsive and not subject to further evaluation. If there are any changes or additions to the Sole Point of Contact information at any time in the process, participating companies will be notified via an addendum to the solicitation.

29. BIDDERS QUESTIONS

All posting regarding this solicitation will be posted electronically within the University’s bid posting system, which can be reached at:

https://fau.bonfirehub.com/. At all times, it shall remain the responsibility of the company participating in the solicitation to check the website for postings of short lists, and award decisions. No further notice regarding solicitations will be given. All questions must be submitted using the Question & Answer (“Q&A”) Board in this electronic sourcing system. No oral communications shall be considered as a change to the solicitation.

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06/24/24 https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=FAU