2-Solicitation-Manlift ITB-22-195.pdf

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FLORIDA SCHOOL FOR THE DEAF AND THE BLIND

PURCHASING DEPARTMENT

207 SAN MARCO AVENUE

ST. AUGUSTINE, FL 32084

PHONE (904) 827-2364

WWW.FSDBK12.ORG

INVITATION TO BID (ITB)

Competitive Solicitation, Invitation to Bid (ITB) §287.057(1)(a); §287.012(16)

Manlift

ITB-22-195

Commodity Code #:

22101800 - Aerial Lifts 24101604 - Lifts

25101911 – Aerial Working Platform Truck

November 14, 2022 http://www.fsdbk12.org/

SOLICITATION DOCUMENTS SECTION

SECTION 1 – INTRODUCTION

1.1 Introduction to the Procurement

NOTE: FSDB will only respond directly to access or procedural questions received in writing (by e-mail). Such questions should only be submitted after reading the entire Solicitation Document (Respondents are responsible for being aware of the contents of this solicitation) as the answer to the question is likely in the document. All other non-procedural questions will be collected without being answered. Answers to procedural questions will be published in writing on or before the date and time specified in the Schedule of Events and Deadlines by amendment pursuant to §287.057(2), F.S. through electronic posting.

Established in 1885 and authorized by §1002.36, Florida Statutes (F.S.), Florida School for the Deaf and the Blind (FSDB), is a fully accredited state public school and outreach center available tuition-free to eligible Pre-K and K-12 deaf/hard of hearing or blind/visually impaired students, including meals, boarding, transportation and other services. Comprehensive educational services at FSDB a re individualized, specific to the unique communication and accessibility needs of each student to develop independence and lifelong success.

Florida’s competitive procurement process is aimed at the protection of the public against collusive contracts, fraud, bias, and favoritism. Among other things, it is designed to secure fair competition on equal terms to all bidders, to secure the best values at the lowest possible expense, to provide an opportunity for an exact comparison of bids, and to assure that the most responsive bid is accepted.

Pursuant to § 287.017, F.S. (purchasing threshold categories) and § 287.057, F.S. when a state agency wishes to contract for commodities or contractual services, Professional Services, or Construction services that cost in excess of established thresholds, the agency must use one of several types of competitive procurement methods, i.e., Invitation to Bid (ITB), Request for Proposal (RFP), or Invitation to Negotiate (ITN).

The ITB is used when the agency is capable of specifically defining the scope of work for which a contractual service is required or is capable of establishing the precise specifications defining the commodities sought. In an ITB process, the contract is awarded to the responsible and responsive vendor who submits the lowest bid. Under §287.057, Florida Statutes, an ITB is the preferred method for state agencies to obtain goods and services.

FSDB is advertising this ITB solicitation for the specified goods and services to result in a Contractual Agreement and intends to adhere to all applicable laws, rules, and regulations to ensure an open and fair process. Specifically,

➢ In accordance with (IAW) §287.057(1), F.S., FSDB utilizes the Competitive Solicitation process for the competitive procurement of commodities and services with a cost in excess of the threshold amount provided in §287.017, F.S. for

CATEGORY TWO ($35,000).

This solicitation is designed to obtain a qualified vendor who demonstrates an ability to provide the goods or services stipulated in this solicitation in an equitable and economical manner. Any entity, organization, company, or person interested in submitting a reply must comply with any and all of the terms and conditions described in this Competitive Solicitation. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses according to the instructions. Respondents are responsible for being aware of the contents of this solicitation and the existence of updates, amendments, clarifications, modifications, and changes published to FSDB’s Solicitation web page located at: http://www.fsdbk12.org/purchasing.

1.2 Statement of Purpose

This Competitive Solicitation is being issued by FSDB to obtain competitive responses from qualified firms (hereinafter referred to as Respondents or Vendors), consistent with the requirements outlined in this solicitation to create a two-party contract for the purchase, delivery and basic operational training for a diesel-powered manlift with a 45’ self-propelled telescopic boom, with turf tires, self-leveling two man-work platform, light package and a manufacturer’s warranty. A detailed list of all of the other required specifications can be found in Section Three (3) of this solicitation document.

1.3 Contact Person: Procurement Manager & Procurement Officer This solicitation is issued by the State of Florida, Florida School for the Deaf and the Blind. The sole contact point for all communication regarding this solicitation is the Procurement Officer, then the Procurement Manager:

1. Kim Whitwam, Director of Purchasing & Procurement Manager, 904-827-2356, whitwamk@fsdbk12.org

2. Leigh Gillette, Purchasing Analyst, 904-827-2364, gilletter@fsdbk12.org http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0287/Sections/0287.017.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0287/Sections/0287.057.html http://www.fsdbk12.org/purchasing mailto:whitwamk@fsdbk12.org mailto:gilletter@fsdbk12.org

Mailing Address:

Florida School for the Deaf and the Blind Attention: Director of Purchasing/Procurement Manager Purchasing Department 207 San Marco Avenue St. Augustine, FL. 32084

All contact with the Procurement Manager or Procurement Officer shall be in writing via electronic mail, U.S. Mail, or other common courier. No facsimiles or telephone calls will be accepted for any reason.

1.4 Small, Minority, and Florida Certified Veterans Business Participation Small Businesses, Certified Minority Business Enterprises, and Florida Certified Veterans Business Enterprises are encouraged to submit proposals in response to this solicitation and to participate in any conferences, proceedings, and pre-solicitation or pre-proposal meetings which are scheduled. All Vendors shall be accorded fair and equal treatment.

1.5 Special Accommodations

Any person with a qualified disability requiring special accommodations at the pre-submission conference and/or response opening shall contact the Purchasing Director at (904) 827-2356 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).

1.6 Definitions

The definitions found in §287, Florida Statute (F.S.); §255, Florida Statute; and §60A-1.001, Florida Administrative Code (F.A.C.) shall apply to this solicitation. Additional terms are also defined in Appendix A, General Terms & Conditions and relevant applicable statutes. The following additional terms are also defined:

(1) AGENCY: The entity that has released the solicitation. The “AGENCY” may also be “FSDB”.

(2) BID POSTING: The official posting and tabulation of all bids received and opened duly presented in response to the bid.

(3) BID: The written response, reply, submission, proposal, or offer of bidder (when submitted on the reproduced approved forms) to perform the contemplated work and furnish the necessary materials and labor in accordance with the provisions of the contract documents. (bid, reply, response, offer, and proposal may be used interchangeably)

(4) BIDDER or OFFEROR or RESPONDENT: Any person or entity who submits a response or bid for the project described in the bid documents.

(5) COMPENSATION: means the amount paid by the agency for professional services regardless of whether stated as compensation or stated as hourly rates, overhead rates, or other figures or formulas from which compensation can be calculated.

(6) COMPETITIVE SELECTION: A competitive selection is made as a result of a Competitive Solicitation.

(7) COMPETITIVE SOLICITATION: means the process of requesting and receiving two or more sealed bids, proposals, or replies submitted by responsive vendors in accordance with the terms of a competitive process, regardless of the method of procurement as defined by §287.012(6), Florida Statute.

(8) FIRM: means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice architecture, engineering, or surveying and mapping in the state.

(9) INVITATION TO BID (ITB): means a written or electronically posted solicitation for competitive sealed bids as defined by §287.012(16), Florida Statute and authorized by §287.057(1)(a), Florida Statute.

(10) PROCUREMENT OFFICER: means the contracting personnel identified in the Introductory Materials.

(11) RESPONDENT: means the entity that submits materials to FSDB in accordance with these Instructions.

(12) RESPONSE: means the material submitted by the respondent in answering the solicitation.

(13) RESPONSIBLE VENDOR: means a vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

(14) RESPONSIVE BID, RESPONSIVE PROPOSAL, or RESPONSIVE REPLY: means a bid, or proposal, or reply submitted by a responsive and responsible vendor which conforms in all material respects to the solicitation.

(15) RESPONSIVE VENDOR: means a vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation.

(16) TIMELINE: means the list of critical dates and actions included in the Introductory Materials.

SECTION 2 – PROCESS

2.1 General Overview of the Process

Replies that meet the Mandatory Requirements of this solicitation and are otherwise responsive will be eligible for evaluation. Bids will be evaluated for conformance with all solicitation specifications and lowest price, and FSDB will post a notice of intended contract award, identifying the Vendor selected for the award.

2.2 Official Notices and Public Records

2.2.1 Notices Regarding the solicitation

All notices, decisions, intended decisions, addenda and other matters relating to this procurement will be electronically posted on FSDB’s website and the Florida Vendor Information Portal (VIP).

VIP website located at: https://vendor.myfloridamarketplace.com/ In order to find postings:

1. Click on Search Advertisements.

2. Under “Organization” select “Florida School for the Deaf and the Blind (FSDB)”.

3. Scroll down to the bottom of the screen and click on “Search.”

FSDB’s Solicitation website located at: http://www.fsdbk12.org/purchasing. In order to find postings:

1. Click on “Current FSDB Competitive Solicitations”.

2. Navigate to individual Solicitation folders.

3. Download the Solicitation Document(s).

NOTE: In accordance with Section 60A-1.002 (7), Florida Administrative Code, the Department of Management Service’s forms PUR 1000 and PUR 1001 must be included in all solicitations. These forms are found in the FSDB Solicitation Website and are included herein by reference. It is the responsibility of prospective Vendors to check the FSDB website for addenda, notices of decisions, and other information or clarifications to this solicitation.

2.3 Schedule of Events and Deadlines

All times advertised in the Schedule of Events and Deadlines herein are local times for the Eastern Time zone. Although FSDB may choose to use additional means of publicizing the results of this solicitation, posting on the VIP is the only official notice recognized for the purpose of determining timeliness in the event of protest. All advertised times shall be considered prompt and shall be recorded at the FSDB Campus Police Security Check Point on Genopoly Street. Reply delivery and arrival for mandatory meetings shall be deemed timely only if such incident occurs on or before the time advertised in the Schedule of Events and Deadlines as determined by the time of arrival at the FSDB Campus Police Security Check Point on Genopoly Street. Delivering a response or arriving for a mandatory meeting AFTER the time advertised in the Schedule of Events and Deadlines shall preclude the respondent from participation in the solicitation. If FSDB misses a Solicitation Event due to unforeseen circumstances, it shall be considered to have been cancelled and a new schedule will be advertised as soon as it is possible.

Schedule of Events and Deadlines: Manlift

ACTIVITY DATE

TIME

ADDRESS

SECTION

(EASTERN) REFERENCE

Solicitation Promulgated (Advertisement)

11/14/2022 https://vendor.myfloridamarketplace.com/

2.2.1 & PUR 1001 section

14, 60D-13.006 F.A.C. & FS

255.0525

Advertisement Period Close 11/30/2022

Question Submission Deadline 11/30/2022 10:00AM gilletter@fsdbk12.org 2.8

Answers Issued as Addendum 12/5/2022 http://www.fsdbk12.org/purchasing 2.8

Submission Deadline 12/8/2022 1:45PM 207 San Marco Ave. Attn: Leigh Gillette, Purchasing, St. Augustine, FL 32084

2.9.1

Bid Opening* 12/8/2022 2:00PM 207 San Marco Ave. St. Augustine, FL 32084

2.20

Selection Committee Review* 12/8/2022

Results Notification** 12/9/2022 http://www.fsdbk12.org/purchasing 2.2.1; 2.21; 5.3

Intent to Award Advertisement Open 12/9/2022 https://vendor.myfloridamarketplace.com/ 2.2.1; 2.21; 5.3

Intent to Award Advertisement Close 12/14/2022

Agreement Draft, Review, Execution 12/28/2022

Contract term begins*** 12/28/2022

* Committee Attendance Required; ** Committee must remain available until results are published; ***Or date of execution, whichever is later https://vendor.myfloridamarketplace.com/ http://www.fsdbk12.org/purchasing mailto:meyersc@fsdb.k12.fl.us http://www.fsdbk12.org/purchasing http://www.fsdbk12.org/purchasing

2.4 Written Questions

In accordance with PUR 1001 section 5, Prospective Vendor questions will only be accepted if submitted in writing to the Procurement Officer via electronic mail, U.S. M ail, or other delivery service, and received on or before the date and time specified in the Schedule of Events and Deadlines. No questions will be accepted by facsimile or telephone or after the specified deadline.

FSDB will only respond to written procedural questions. Such questions should only be submitted after reading the entire Solicitation Document as Respondents are responsible for being aware of the contents of this solicitation and the answer to the question may be in the document. All other questions will be collected, and answers will be published in writing on or before the date and time specified in the Schedule of Events and Deadlines by amendment pursuant to §287.057(2), F.S. and through electronic posting on FSDB’s website.

Potential respondents shall not contact any other employee of FSDB or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the FSDB website for new or changing information . FSDB shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by FSDB’s Procurement Officer or Procurement Manager. Questions submitted to FSDB shall not constitute formal protest of the specifications or of the solicitation.

2.5 Receipt of Replies

2.5.1 Reply Deadline

Replies must be received by FSDB no later than the date and time and at the address provided in the Schedule of Events and Deadlines. Time of arrival for hand delivered responses shall be determined by the time of arrival at the FSDB Campus Police Security Check Point on Genopoly Street. Time of arrival for responses delivered by mail or courier shall be determined by the time of receipt by the FSDB Campus Mail Room. All methods of delivery or transmittal to FSDB’s contact person remain the responsibility of the prospective Vendor and the risk of non-receipt or delayed receipt shall be exclusively the risk of the prospective Vendor.

2.5.2 Binding Replies

By submitting a reply, each Vendor agrees that its reply shall remain a valid offer for at least 60 days after the reply opening date and that, in the event the contract award is delayed by appeal or protest, such 60-day period is extended until entry of a final order in response to such appeal or protest. Any response that expresses a shorter duration may, in FSDB's sole discretion, be accepted or rejected.

2.5.3 Bid Bond Not Required

A bid bond or equivalent security is not required in order to submit a reply to this solicitation.

2.5.4 Payment and Performance Bond Is Not Required

A payment and performance bond are not required for this contract and submission of evidence of the Vendor’s ability to do so is not required in order to submit a reply to this solicitation. The selected Vendor is not required to submit a payment and performance bond, irrevocable letter of credit or cashier’s check prior to contract execution.

2.5.5 Changes to Replies After Submission Prohibited

Once the reply opening deadline has passed, no changes, modifications, or additions to the reply submitted will be accepted by or be binding upon FSDB unless and until FSDB initiates negotiations or requests supplemental replies. FSDB reserves the right to identify and correct minor irregularities as provided herein but is under no obligation to do so.

2.5.6 Receipt Statement

Replies that are not received at the specified address, by the specified date and time, or not marked as instructed will be rejected and will not be opened or returned by FSDB but will be retained for use in the event of a dispute.

2.6 Request to Withdraw Reply

A written request to withdraw a reply, signed by the Vendor, may be considered if received by FSDB within 72 hours after the reply opening date and time as specified in the Schedule of Events and Deadlines above. A request received in accordance with this provision may be granted by FSDB upon proof of the impossibility to perform based upon an obvious Vendor error.

2.7 Cost of Preparation of Reply

By submitting a reply, a Vendor agrees that FSDB is not liable for any costs incurred by the Vendor in responding to this solicitation.

2.8 Terms and Conditions

FSDB objects to and shall not consider any additional contract or terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent’s response. In submitting its response, a respondent agrees to terms and conditions in the solicitation and that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, may be grounds for rejecting a response.

2.9 No Discrimination

The successful firm shall not discriminate against any person in accordance with federal, state, or local law.

2.10 FSDB’s Reserved Rights

2.10.1 Withdrawal of solicitation

FSDB reserves the right to withdraw the solicitation at any time, including after an award is made when doing so would be in the best interest of the State of Florida, and by doing so assumes no liability to any Vendor.

2.10.2 Rejection of All Replies

FSDB reserves the right to reject any or all response(s) or separable portions thereof not submitted in the manner specified by the solicitation documents or under any of the circumstances prescribed in the State of Florida PUR 1001: General Instructions to Respondents.

2.10.3 Right to Inspect, Investigate, and Rely on Information In ranking replies for selection or negotiation and in making a final selection, FSDB reserves the right to inspect a Vendor’s facilities and operations, to investigate any Vendor representations, and to rely on information about a Vendor in FSDB’s records or known to its personnel.

2.10.4 Minor Irregularities, Material Variance, and Right to Reject There is a large body of case law as to what constitutes a minor irregularity versus a material variance from specifications, but generally, a material variation is one which (1) affects the price of the bid; (2) gives the bidder an advantage or benefit not enjoyed by other bidders; or (3) adversely impacts the interests of the procuring agency. Intercontinental Properties, Inc. v. HRS, 606 So. 2d 380 (Fla.

3d DCA 1992).

Material deviations or changes include those that involve fraud or misconduct, or that provide a bidder with an unacceptable or material competitive advantage. See Liberty City v. Asphalt & Concrete, 421 So. 2d 505 (Fla. 1982).

In general, the test for measuring whether a deviation in a bid is sufficiently material to destroy its competitive character is whether it affects the amount of the bid by giving the bidder an advantage not enjoyed by other bidders. Harry Pepper and Associates, Inc. v.

City of Cape Coral, 352 So. 2d 1190 (Fla. 2d DCA 1977).

In contrast, minor irregularities have included such matters as the submission of a cashier’s check instead of a bid bond, the failure to submit written evidence that agent signing of the owner had authority, and the failure to include a form listing DBE subcontractors, at least where there is an allegation that the form was enclosed but later misplaced. See, e.g., Intercontinental Properties; Asphalt Pavers

v. DOT, 602 So. 2d 558 (Fla. 1st DCA 1992).

Often solicitation documents will specifically list “Mandatory Criteria” or “Fatal Criteria”. When included, this listing is not exhaustive of required items. The bid or proposal may still be fatally defective if the bidder or proposer is otherwise not responsive to information and criteria specified anywhere in the Solicitation and the omission meets the test of a material variance from the specification requirements as discussed above.

To be responsive, a bid or proposal must conform in all “material” respects to the solicitation. FSDB reserves its rights advertised in Statute or Rule including §287.012(25), FS, to include the right to accept or reject any and all bids, or separable portions thereof at any time, including after an award is made and to waive any minor irregularity, technicality, or omission if FSDB determines that doing so will serve the State’s best interests. A minor irregularity is a variation from the terms and conditions of this solicitation which does not affect the price of the reply or give the Vendor a substantial advantage over other Vendors and thereby restrict or stifle competition and does not adversely impact the interest of FSDB. At its option, FSDB may correct minor irregularities, calculations, or typographical errors but is under no obligation to do so. When correcting minor irregularities, FSDB may request the Vendor provide clarifying information or additional materials to correct the minor irregularity. However, FSDB will not request and the Vendor shall not provide additional materials that affect the price of the proposal or give the Vendor an advantage or benefit not enjoyed by other Vendors.

2.10.5 Reserved Rights After Notice of Award

2.10.5.1 FSDB reserves the right, after posting notice thereof, to withdraw or amend its Notice of Award at any time prior to execution of a contract.

2.10.6 Other Reserved Rights

FSDB reserves all rights as provided by law, rule, or regulation, and as may be described elsewhere in this solicitation.

SECTION 3 – SPECIFICATIONS

Florida School for the Deaf and the Blind seeks to procure:

(1) One (1) 45’ self-propelled Telescoping Boom Lift / Cherry Picker

a. Power features to include:

i. 49-55 hp, Diesel Engine

ii. Cold weather package

iii. Diesel air intake pre-cleaner

iv. Anti-restart engine protection

v. Auto engine fault shutdown

b. Platform features to include:

i. 6-8 ft. tri-entry platform w/swing gate

ii. Proportional-drive joystick control

iii. 4-Wheel Drive System

iv. Horn

v. Light package

vi. Lift guard contact alarm

vii. Lift tools work tray

viii. Platform load sensor systems

ix. Proportional controls

x. Self-leveling platform

c. Chassis features to include:

i. High flotation, air filled, turf tires

ii. Active oscillating axle

iii. Alarm package, includes flashing beacon

iv. Descent and motion alarm

v. Dual battery system

vi. Hour meter

vii. Hydraulic oil cooler

viii. Tech Pro Link connector

ix. 2 speed wheel motors

(2) Manufacturer’s Warranty – Details shall be provided under Section 4.4.4 Tab 3: Vendor’s Supplemental Information

(3) Equipment delivery to FSDB campus

(4) One Onsite training session after equipment delivery to be scheduled with Authorized equipment seller/service distributor.

SECTION 4 – INSTRUCTIONS FOR RESPONDING

4.1 How to Submit a Reply

4.1.1 Mandatory Reply Deadline

All replies must be received by the Procurement Officer or Procurement Manager by the deadline and at the address set forth in the Schedule of Events and Deadlines. The Vendor must choose the appropriate means for delivery and is exclusively responsible for receipt of the reply by the Procurement Officer or Procurement Manager. Time of arrival for hand delivered replies shall be determined by the time of arrival at the FSDB Campus Police Security Check Point on Genopoly Street. Time of arrival for courier delivered replies shall be the time of receipt in the FSDB Mail Room. Late replies will not be opened or evaluated.

4.1.2 Electronic Transmittal of Replies Not Acceptable

Facsimile or electronic transmissions of replies will not be accepted.

4.1.3 Reply Amendments

Any amendments to the reply as originally submitted by the Vendor and not required by FSDB, must comply with the requirements of this section and must be received by the deadline specified in the Schedule of Events and Deadlines.

4.1.4 Complete Sealed Reply (mandatory requirement)

To be considered ‘complete’ a reply must meet the following conditions and consist of the following:

4.1.4.1 The original, each copy, and the electronic versions of the reply must be clearly identified and sealed in an appropriate sealed container or package;

4.1.4.2 The label provided in this solicitation must be securely affixed to the lower left-hand corner of the outer-most packaging such that it can be observed without breaching any portion of the package;

4.1.4.3 one (1) original Reply which must contain an original signature of an official who is authorized to bind the Vendor to their reply;

4.1.4.4 three (3) copies of the Reply;

4.1.4.5 one (1) electronic version of the reply, identical to the hard copies formatted as specified herein, and any other electronic documents identified in this solicitation (i.e. Spreadsheets, Financials, etc.).

4.1.4.6 A reply that does not meet the aforementioned elements will be deemed INCOMPLETE and shall not be evaluated.

4.2 Reply Format

4.2.1 Replies to be Thorough

Vendors must provide thorough and specific replies for how they propose to address each of the requirements/ specifications.

Vendors are advised to consider the evaluation criteria and replies must follow the format described herein.

4.2.2 Reply Clarity Essential

Vendors are advised that FSDB’s ability to conduct a thorough review of replies is dependent on the Vendor’s ability and willingness to submit replies which are well ordered, detailed, comprehensive, and readable. Clarity of language and adequate, accessible documentation is essential, and is the responsibility of the Vendor.

4.2.3 Replies to be Concise

The Reply should be prepared concisely and economically, providing a straightforward description of services to be provided and clearly describing the Vendor’s capability to satisfy the requirements of this solicitation. Emphasis should be on completeness and clarity of content. The terms “shall”, “will” and “must” used within the solicitation identify items that are required to be submitted as part of the reply. A failure to comply with the submission of a required item may result in the reply being rejected at FSDB’s discretion.

4.2.4 Hard copy Reply Format

Replies must be typed, single-spaced, on 8-1/2” x 11” paper, normal to narrow margins, 12-point type, and portrait orientation.

Pages must be numbered in a logical, consistent fashion. Figures, charts and tables should be numbered and referenced by number in the text. The original and each copy of the reply must be bound (no 3-ring binders) and the front of each clearly labeled with the following:

4.2.4.1 Title of the Reply;

4.2.4.2 Solicitation number;

4.2.4.3 Vendor’s name; and

4.2.4.4 Identification of the enclosed document (the original reply must be clearly marked as such and copies identified and numbered as copy #1, copy #2, etc.).

DO NOT ATTACH THE BID DOCUMENT TO YOUR REPLY. The Reply must contain the elements detailed in Section

4.4 – in the order listed therein.

4.2.5 Electronic Copy Format (mandatory requirement)

BE SURE TO FOLLOW THESE DIRECTIONS. The required electronic format of the Reply must adhere to the following standards:

➢ The response document shall be a single document containing all of the elements of the printed version – in the same order and in the same format. It shall be an exact electronic replica of the printed document – not a similar representation of it – do not submit each tab as a separate PDF file on the USB drive. The electronic submission must be a single file on a USB Thumb Drive – it must be identical to the submitted printed original in form and structure .

➢ The software used to produce the electronic files must result in the provision of an unprotected Adobe portable document format

(“pdf”), version 6.0 or higher – no password encryption will be accepted. Replies must be able to be opened and viewed by FSDB utilizing Adobe Acrobat, version 9.0. The electronic copies shall not be password protected and must be identical to the original reply submitted, including the format, sequence and section headings identified in this solicitation.

The hard copy marked “original” shall take precedence over the electronic version(s) of the reply and all non “original” hard copy versions of the reply in the event of any discrepancy. If a discrepancy is found between the hard copy reply marked “original” and any of the electronic versions submitted, FSDB reserves the right, at its sole discretion, to reject the entire reply. If the electronic version is found to deviate from the original in any way, this may be grounds for deeming the response INCOMPLETE.

4.2.6 References to Separately Bound Material

References to any separately bound, supporting materials may be made. Any such references must be clear. Referenced documents must be numbered for ease of use and must be identified as such. References to supporting documents must include the document, page, and paragraph numbers. FSDB’s evaluators will not be responsible for searching for relevant reference material.

4.3 Public Records and Trade Secrets

4.3.1 Replies and Other Submissions Are Property of the State

All materials submitted in reply to this solicitation become the property of the State of Florida and will be a public record subject to the provisions of Chapter 119, F.S. The State of Florida shall have the right to use such ideas or adaptations of those ideas contained in any reply without cost or charge. Selection or rejection of a reply will not affect this right.

4.3.2 Replies and Other Submissions Are Subject to Public Inspection Unless exempted by law, all public records are subject to public inspection and copying under Florida’s Public Records Law, Chapter 119, F.S. A time-limited exemption from public inspection is provided for the contents of a reply and other submittals pursuant to §119.071(1)(b), F.S. Once that exemption expires, all contents of a reply and other submittals become subject to public inspection unless another exemption applies. Any claim of trade secret exemption for any information contained in a Vendor’s reply or other submittal to this solicitation will be waived upon opening of the reply or other submittal by FSDB, unless the claimed trade secret information is submitted in accordance with this Section. This waiver includes any information included in the Vendor’s reply or other submittal outside of the separately bound document described below.

4.3.3 How to Claim Trade Secret Protection

If the Vendor considers any portion of the documents, data or records submitted in its reply to be trade secret and exempt from public inspection or disclosure pursuant to Florida’s Public Records Law, the Vendor must submit all such information in a separately bound document (or in the case of electronic media, a separate file, with the words "Trade Secret" included in the file name) clearly labeled "Attachment to Reply, solicitation No. – Trade Secret Material". Appropriate cross-references should be included in nonexempt materials. The first page of the electronic file or hard copy document must explain why the information in the electronic file or hard copy document is a trade secret. This submission must be made no later than the reply submittal deadline. Where such information is part of material already required to be submitted as a separately bound or enclosed portion of the reply, it shall be further segregated and separately bound or enclosed and clearly labeled as set forth above in addition to any other labeling required of the material. If the Vendor considers any portion of a submission made after its reply to be trade secret the Vendor must clearly label the submission as containing trade secret information (or in the case of electronic media, include "Trade Secret" in the relevant file names).

4.3.4 Vendor’s Duty to Respond to Public Records Requests

In response to any notice by FSDB that a public records request received by FSDB encompasses any portion of the separately bound part of the Vendor’s reply or other submissions labeled as “trade secret,” the Vendor shall expeditiously provide FSDB with a redacted version of the document(s) and identify in writing the specific statutes and facts that authorize exemption of the information from the Public Records Law. If different exemptions are claimed to be applicable to different portions of the redacted information, the Vendor shall provide information correlating the nature of the claims to the particular redacted information. The redacted copy must only exclude or obliterate only those exact portions that are claimed confidential or trade secret. If the Vendor fails to promptly submit a redacted copy and justification in response to the notice of a public records request, FSDB is authorized to produce the records sought without any redaction.

4.3.5 FSDB Not Obligated to Defend Vendor Claims

FSDB is not obligated to agree with the Vendor’s claim of exemption and, by submitting a reply or other submission, the Vendor agrees to be responsible for defending its claim that each and every portion of the redactions is exempt from inspection and copying under Florida’s Public Records Law. Further, the Vendor agrees that it shall protect, defend, and indemnify, including attorneys’ fees and costs, FSDB for any and all claims and litigation (including litigation initiated by FSDB) arising from or relating to Vendor’s claim that the redacted portions of its reply are confidential, proprietary, trade secret, or otherwise not subject to disclosure or the scope of the Provider’s redaction.

4.4 Content and Structure of the Reply

DO NOT ATTACH THE BID DOCUMENT TO YOUR REPLY. The Reply must contain the elements detailed a s follows – in the order listed and utilizing the following pages as Document Tabs to organize the data.

Established herein are certain requirements which must be included as a part of any submitted proposal. Deviation from, or omission of, such requirement may not by itself cause rejection of a proposal. The right is reserved to determine which Respondents have met the basic requirements of this SOLICITATION, and to determine whether any deviation from the requirements of the specifications, terms and conditions contained herein is merely minor or technical in nature; the right to accept bids which deviated in minor or technical fashion is also reserved.

Only those Respondents who have met the mandatory requirements of this Solicitation will be considered; any Respondent who has not done so will be rejected. The right is reserved to reject any or all bids. Failure to meet any contractual obligations may result in cancellation of any award.

Each response should be prepared simply and economically providing a straightforward, concise delineation of Respondent’s capabilities to satisfy the requirements of this Solicitation. Fancy bindings, colored displays, promotional material, etc. are not desired. Additional information submitted after the response document or separate from the response document will not be considered unless specifically requested by FSDB and then only to the extent requested.

The following pages (4.4.1 through 4.4.4) are to be used as Tab Dividers in the Response.

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4.4.1 Title Page (mandatory requirement)

4.4.1.1 Project Name and Solicitation number: Manlift – ITB-22-195

4.4.1.2 Vendor’s legal name:______________________________________________________

Physical address: ______________________________________________________

Physical address: ______________________________________________________

Federal tax identification number:

4.4.1.3 Person who can respond to inquiries regarding the reply:

Name: ______________________________________________________

Title: ______________________________________________________

E-mail address: ______________________________________________________

Telephone number: ______________________________________________________

4.4.1.4 Person who will sign a contract, if awarded:

Name: ______________________________________________________

Title: ______________________________________________________

E-mail address: ______________________________________________________

Telephone number: ______________________________________________________

4.4.1.5 Narrative about the history of the firm, including date of inception, ownership structure, and number of employees:

4.4.2 TAB 1: Required Vendor Registration, Licensure, and Insurance (mandatory requirement)

4.4.2.1 MFMP Registration and Substitute W-9 filing

Each bidder and each subcontractor must be registered in the My Florida Market Place and have an electronic “Substitute W9” form on file with the State of Florida CFO’s Office as required in GENERAL TERMS AND CONDITIONS FOR CONTRACTS, Article 1.05 – Authorization to do Business in the State of Florida.

Attach evidence of required registrations in the form of a copy of the MFMP Registration verification from the MyFloridaMarketPlace Vendor Information Portal which can be obtained from:

• https://vendor.myfloridamarketplace.com/

FSDB does not collect or retain W9 forms - do not submit a hard-copy W9 form.

4.4.2.2 Registrations and Licenses

Each bidder and each subcontractor whose field or area is governed by Chapter 399, 455, 489 or 633 of the Florida Statutes for licensure must hold a valid current license as required by the Statute. If the bidder is a corporation, he must also be properly registered with the State of Florida, Department of State, Division of Corporation. The reply must include copies of applicable Florida licenses, and registrations.

4.4.2.3 Certificate of Insurance

The reply must include a certificate of insurance as awarded vendor will access FSDB campus.

4.4.2.4 Bid Bond Not Required

A bid bond is not required to accompany the reply.

4.4.2.5 Evidence of Ability to Provide Payment and Performance Bond Is Not Required

Evidence of the Vendor’s ability to provide a payment and performance bond prior to contract execution, and for the duration of the contract, is not required to accompany the reply.

https://vendor.myfloridamarketplace.com/

4.4.3 TAB 2: Required Vendor’s Statements, Certifications, and Cost Proposal (mandatory requirement) Appendix Documents: The included appendices are to be submitted with the final solicitation response (signatures and data must be contained within the provided box for future redaction) and include:

➢ APPENDIX A – Receipt of Addendum Form

➢ APPENDIX B – Identical Tie Bids Statement

➢ APPENDIX C – Public Entity Crimes Sworn Statement

➢ APPENDIX D – Affidavit of Compliance with Minority Business Participation

➢ APPENDIX E – Notice to Contractors

➢ APPENDIX F -- Vendor’s Proposal

APPENDIX A – Receipt of Addendum Form

Acknowledgement is hereby made of public notice of the following Addenda issued during the bidding period:

ADDENDA NO.____________ DATED____________

ADDENDA NO.____________ DATED____________

ADDENDA NO.____________ DATED____________

ADDITIONAL ADDENDA:

IN WITNESS WHEREOF, the Bidder has hereunto set his/her signature and affixed his/her seal this _______day of ____________, 20____.

BY: _____________________________________ _____________________________________ _____________________________________ (name of authorized principal) (Signature of principal in firm) (firm name)

(Contractor’s Florida Department of Business and Professional Regulations license number)

State of ________________ County of ________________

PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED AUTHORITY, __________________________________ who after being sworn by me, affixed his/her signature in the space provided above on this __________day of ____________, 20___.

______________________________ My commission expires:

(Notary Public)

END OF DOCUMENT

APPENDIX B – Identical Tie Bids Statement Whenever two or more bids which are equal with respect to price, quality and service are received by Florida School for the Deaf and the Blind for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied contractors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business’ policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified subsection 1 (above).

4. In the statement specified in subsection 1., notify the employees that, as a condition of working on the commodities or contractual services that are under bid the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violations of Chapter 893 or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by any employee who is so convicted.

6. Make a good-faith effort to continue to maintain a drug-free workplace though implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

IN WITNESS WHEREOF, the Bidder has hereunto set his/her signature and affixed his/her seal this _______day of ____________, 20____.

BY: _____________________________________ _____________________________________ _____________________________________ (name of authorized principal) (Signature of principal in firm) (firm name)

PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED AUTHORITY, __________________________________ who after being sworn by me, affixed his/her signature in the space provided above on this __________day of ____________, 20___.

APPENDIX C – Public Entity Crimes Sworn Statement

STATEMENT PURSUANT TO §287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES. THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.

1. This sworn statement is submitted to by _________________________________________________________________ (print name and title) for _________________________________________________________ (print name of entity submitting sworn statement) whose business address is ___________________________________________________________, and whose Federal Employer Identification Number (FEIN) is:

(If the entity has no FEIN, include the Social Security Number of the individual signing this statement)

2. I understand that a “public entity crime” as defined in Paragraph 287.133(1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, and bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1) (b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

4. I understand that an “affiliate” as defined in Paragraph 287.133(1) (a), Florida Statutes, means:

1) A predecessor or successor of a person convicted of a public entity crime; or

2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term ”affiliate” includes those officers, directors, executives, partners, shareholders, employees, members and agents whose are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

5. I understand that a “person” as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity.

The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement.

(Indicate which statement applies by check mark.)

______ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

______ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

______ Either the entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.)

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR

CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

IN WITNESS WHEREOF, the Bidder has hereunto set his/her signature and affixed his/her seal this _______day of ____________, 20____.

BY: _____________________________________ _____________________________________ _____________________________________ (name of authorized principal) (Signature of principal in firm) (firm name)

PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED AUTHORITY,…