23-485-IFB_-_Boarding_Passes_and_Bag_Tags_-_Solicitation.pdf

INVITATION FOR BIDS (IFB)

23-485-IFB

Boarding Passes and Bag Tags

Copies of the IFB documents may be obtained from the Aviation Authority’s Purchasing Department at https://procurement.opengov.com/portal/goaa

DATE OF ISSUE: Monday, April 24, 2023

DEADLINE FOR QUESTIONS: Friday, May 5, 2023 at 5:00 PM Local Time, Orlando, FL

SUBMIT ALL QUESTIONS & INQUIRES VIA

OPENGOV

SUBMIT RESPONSES TO: Sealed Electronic offers will be accepted up to

11:00 AM (local time), Monday, May 15, 2023, via the electronic procurement portal referenced above.

Sealed Hard Copies will be accepted up to 11:00

AM (local time). Monday May 15, 2023 at GOAA Annex Building Purchasing Department – William Arce 5855 Cargo Road Orlando, FL 32827-4399

BID OPENING MEETING: https://meet.goto.com/600584429 or

GOAA Annex Building – Conference Room Thor

☒ Symbol means the option is selected, and to be applied to this IFB ☐ Symbol means the option is not selected, and is not to be applied to this IFB https://procurement.opengov.com/portal/goaa https://meet.goto.com/600584429

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E-Procurement Platform

The Aviation Authority’s Purchasing Department has transitioned to a new E-Procurement Platform, OpenGov, effective April 3, 2023. New solicitations will be posted with OpenGov and electronic responses will be accepted via the e-Procurement Portal.

To access new solicitations, visit https://procurement.opengov.com/portal/goaa.

To get started, click here to sign up. You’ll receive an email to activate your account. There is no cost for vendors to register with OpenGov.

For more information about how to register, please see our help file here.

Registration and Notification of Solicitations

Receiving Electronic Responses to Bids/Proposals

To successfully submit a response to a solicitation, Vendors are required to submit their electronic response via OpenGov - https://procurement.opengov.com/portal/goaa. Mailed, faxed, emailed, and hand delivered submissions will not be accepted. Responses will only be accepted via

OpenGov. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes.

https://procurement.opengov.com/signup http://help.procurement.opengov.com/en/articles/2482165-vendor-registration https://procurement.opengov.com/signup

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TABLE OF CONTENTS

E-Procurement Platform

Receiving Electronic Responses to Bids/Proposals

AMERICANS WITH DISABILITIES ACT

SECTION ONE - – SPECIFICATIONS

1) INTENT AND PURPOSE

2) SCOPE OF WORK / PERFORMANCE REQUIREMENTS

3) WARRANTY

SECTION TWO - GENERAL INFORMATION

1) GENERAL

2) AWARDS

3) CODE OF ETHICS AND BUSINESS CONDUCT POLICY

4) WHISTLE BLOWER REPORTING LINE

5) CONFLICT OF INTEREST

6) EEO STATEMENT

7) ACCESS TO SOLICITATION DOCUMENT & ADDENDA

8) Submitting Questions and Receiving Responses

9) TERMS AND CONDITIONS

10) RESERVATION OF RIGHTS

11) PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES

12) UNDERSTANDING OF SCOPE AND TERMS AND CONDITIONS

13) LOBBYING STATEMENT

14) PUBLIC ENTITY CRIMES

15) FEDERAL FAIR LABOR STANDARDS ACT (FLSA)

16) OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

17) ASSIGNMENT

18) VERBAL INSTRUCTIONS

19) SILENCE OF SPECIFICATIONS

20) VERIFICATION OF EMPLOYMENT STATUS

21) INDEMNIFICATION

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22) PATENTS AND ROYALTIES

23) WARRANTY AGAINST INFRINGRINGEMENT ON INTELECTUAL PROPERTY

24) OPTIONAL OWNERSHIP OF WORK PRODUCTS

25) FAILURE TO PERFORM

26) SCRUTINIZED COMPANIES

27) INCURRED COST

28) OPERATIONS DURING DISPUTE

29) LITIGATION VENUE

30) FLORIDA PUBLIC RECORDS LAW

SECTION THREE - RESPONSE PREPARATION AND SUBMITTAL

1) COMMUNICATION, QUESTIONS FROM BIDDERS

2) DOCUMENTS

3) PRICING

4) SUBMITTAL OF RESPONSE AND LATE BIDS

SECTION FOUR - BID OPENING, AWARD AND ORDERING

1) BID OPENING

2) AWARD

3) ORDERING

SECTION FIVE - DELIVERY, INSPECTION AND INVOICING

1) PRODUCTION

2) DELIVERY

3) INSPECTION:

4) INVOICING / COMPENSATION:

SECTION SIX - – ELECTRONIC BID SUBMITAL

1) ADDENDUM RECEIPT VERIFICATION

2) CONFLICT OF INTEREST FORM

3) CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH

SCRUTINIZED COMPANIES

4) E-VERIFICATION CERTIFICATION

5) PUBLIC ENTITY CRIMES CERTIFICATE

6) BIDDER’S CERTIFICATION

7) DISCRIMINATION; DENIAL OR REVOCATION OF THE RIGHT TO TRANSACT

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BUSINESS WITH PUBLIC ENTITIES CERTIFICATE

8) ASSISTANCE WITH DEVELOPMENT OF SPECIFICATIONS OR ITEM SELECTION 35

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AMERICANS WITH DISABILITIES ACT

GOAA does not discriminate upon the basis of any individual’s disability status. Anyone requiring reasonable accommodations as provided for the Americans with Disabilities Act or Section 86.26, Florida Statutes, should contact Amy Pendley, ADA Coordinator at 407-825-2006 as soon as possible, at least one full business day prior to any scheduled meeting.

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SECTION ONE -– SPECIFICATIONS

1) INTENT AND PURPOSE

The Greater Orlando Aviation Authority, Orlando International Airport, Orlando, Florida, (Authority or GOAA) is soliciting sealed bids from qualified Bidders to provide the goods/services as described in this solicitation.

2) SCOPE OF WORK / PERFORMANCE REQUIREMENTS

Materials/items/parts/equipment provided under the resulting Purchase Order or Blanket Purchase Agreement must be new, unused, of current year model.

Provide paper stock items per the specifications provided under Attachment C.

3) WARRANTY

a) Goods: Contractor shall provide the Authority with the manufacturer’s standard parts and labor warranty for all new equipment to the initial purchaser. Contractor shall warrant that materials that are found to be defective or faulty within one (1) year from the date of final completion shall be replaced at no additional cost to the Authority.

b) Labor/Workmanship: Contractor shall warrant that any services that are found to be defective or faulty due to imperfect and/or bad workmanship within one (1) year from the date of final completion shall be promptly and properly corrected at no additional cost to the Authority.

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SECTION TWO -GENERAL INFORMATION

1) GENERAL

Throughout this document the words:

• Contract, Purchase Order and Blanket Release are used synonymously

• Contractor, Consultant and Vendor are used synonymously

2) AWARDS

As the best interest of the Aviation Authority may require, the right is reserved to make award(s) by individual items, group of items, all or none, or a combination thereof; to reject any and all bids or waive any minor irregularity or technicality in bids received. Contractors are cautioned to make no assumptions unless their Bid has been determined as meeting the Minimum Requirements and being responsive and responsible. All awards made as a result of this Bid shall conform to applicable policies of the Aviation Authority.

3) CODE OF ETHICS AND BUSINESS CONDUCT POLICY

The Authority has adopted a Code of Ethics and Business Conduct Policy (Section 204.01) which addresses, the obligation of the Authority’s Board members and employees to follow the Florida Statutes in reference to these issues. This includes, but is not limited to, the obligations of the Authority’s Board members and employees with respect to having an interest in business entities, outside employment, gratuities, divulgence of information, unauthorized compensation and acceptance of gifts. Please be aware that any violation of this policy by a Bidder and/or any attempt to influence an Authority Board member or employee to violate the policy is sufficient cause for the denial of the right of the Bidder to bid on any contract or sell any materials, supplies, equipment, or services to the Authority for a period of time that is determined by the Chief Executive Officer. A copy of this policy is available upon request from the Manager of Board Services.

4) WHISTLE BLOWER REPORTING LINE

The Aviation Authority is committed to the highest level of integrity in its operations and is fully committed to protecting the organization, its operations, and its assets against fraud, waste or abuse. The Aviation Authority has established a Whistle Blower Reporting Line with a third-party service provider as a means for employees, Contractors, vendors, tenants and the general public to report suspected fraud, waste or abuse in connection with Aviation Authority operations. Should Contractor suspect any fraud, waste or abuse in connection with any work under this Contract, including any work of its Subcontractors or laborers, it shall promptly report such activity at 877-370-6354, through email:

GOAA@integritycounts.ca, or through the online reporting form at http://www.integritycounts.ca/org/GOAA.

mailto:GOAA@integritycounts.ca http://www.integritycounts.ca/org/GOAA

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The Contractor shall include this reporting requirement in all subcontracts and vendor agreements. The Contractor is further encouraged to report any suspected fraud, waste or abuse it suspects in connection with any other airport operation or project.

5) CONFLICT OF INTEREST

The award hereunder is subject to provisions of the laws of the State of Florida. All Contractors must disclose with their bid the name of any officer, director, or agent who is also an employee of the Aviation Authority. Further, all Contractors must disclose the name of any Aviation Authority employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Contractor’s firm or any of its branches.

6) EEO STATEMENT

Bidders must ensure that employees and applicants for employment are not discriminated against for reasons of race, color, age, religion, sex, national origin, or handicapped status.

Minority and female-owned businesses are encouraged to participate. The Authority is an equal opportunity employer.

7) ACCESS TO SOLICITATION DOCUMENT & ADDENDA

a) Bid documents may be examined and are available for download from the Aviation Authority e-Procurement Portal located at:

https://procurement.opengov.com/portal/goaa.

b) If you received this solicitation document from any source other than the Aviation

Authority e-Procurement Portal, please promptly register your company at:

c) By clicking the PARTICIPATE BUTTON under the solicitation. Bids submitted on OpenGov will remain locked and inaccessible by the Aviation Authority’s Purchasing Staff until the solicitation deadline.

d) Firms interested in responding to this IFB shall submit their response via the new e-

Procurement Portal system. Paper responses are discouraged.

e) The Aviation Authority shall not be responsible for delays caused by any occurrence. The time/date stamp clock located in the electronic submittal portal shall serve as the official authority to determine lateness of any bid.

The bid time shall be scrupulously observed. Under no circumstances shall bids delivered after the time specified be considered.

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f) Bidders shall not be allowed to modify their bids after the opening time and date.

Bid files may be examined during normal working hours, thirty (30) days after bid opening or upon recommendation for award, whichever occurs first.

8) Submitting Questions and Receiving Responses

Bidders shall submit all inquiries regarding this bid via the e-Procurement Portal, located at https://procurement.opengov.com/portal/goaa. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the Aviation Authority e-Procurement

Platform. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries.

a) Questions regarding this Solicitation are to be directed to the Senior Purchasing

Agent listed on the Cover Page of this Solicitation. Questions will be answered through the e-Procurement Portal.

b) If the Purchasing Department determines that it is necessary to change the dates or times prior to the Bid due date, the change will be announced via an addendum and posted on the e-Procurement Portal.

9) TERMS AND CONDITIONS

The “Terms and Conditions of Purchase” dated 7/27/21 will apply to any resulting Purchase Order OR Blanket Purchase Agreement. The document is included with the IFB document as Attachment B. Any other/additional Terms and Conditions, or reference to other Terms and Conditions submitted with the response will be considered an objection to GOAA’s Terms and Conditions, and the Bidder may be considered non-responsive.

BY SIGNING AND SUBMITTING THE BID FORM, BIDDER ACKNOWLEDGES THAT THE

ABOVE REFERENCED “TERMS AND CONDITIONS OF PURCHASE,” DATED 7/27/21,

WILL APPLY TO ANY RESULTING PURCHASE ORDER OR BLANKET PURCHASE

AGREEMENT, AND WILL SUPERSEDE ANY TERMS AND CONDITIONS REFERENCED

ON SALES ORDERS, ORDER ACKNOWLEDGEMENTS, INVOICES, ETC.

Payment Terms are Net 30.

Freight Terms are FOB Delivered.

The Aviation Authority reserves the right to reject bids containing any additional terms or conditions not specifically requested in the original special conditions and/or the terms and conditions.

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10) RESERVATION OF RIGHTS

No commitment is made or inferred by the Authority that any or all of the items listed, in any quantity, will be purchased as a result of this IFB. The Authority may purchase the items listed on an “as needed” basis, in any quantity deemed necessary, at the unit prices provided in the successful Bidder’s response.

For all procurements, the Authority reserves the right to reject any or all bids and to cancel the procurement or to solicit new bids.

As the best interest of the Aviation Authority may require, the right is reserved to make award(s) by individual items, group of items, all or none, or a combination thereof; to reject any and all bids or waive any minor irregularity or technicality in bids received.

The Aviation Authority reserves the right to reject bids containing any additional terms or conditions not specifically requested in the original special conditions and/or the terms and conditions.

The Aviation Authority reserves the right at its sole discretion to increase, decrease, or delete any portion of the Scope of this Contract at any time without cause.

11) PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES

The Authority permits the awarded Bidder(s) to extend the pricing, terms and conditions of this solicitation to other governmental entities at the Bidder’s discretion. Each governmental entity that utilizes this solicitation or its results will be responsible for execution of its own requirements with the awarded Bidder(s).

12) UNDERSTANDING OF SCOPE AND TERMS AND CONDITIONS

Submission of a Bid shall constitute an acknowledgment that the Bidder has read and understands the Bid Documents, including Attachments. The failure or neglect of a Bidder to receive or examine any Bid Document or Addendum, or to ask for clarification if needed, shall in no way relieve it from any obligations under its Bid or the resulting Purchase Order. No claim for additional compensation will be allowed which is based upon a lack of knowledge or understanding of any of the Bid Documents and Attachments.

13) LOBBYING STATEMENT

All firms are hereby placed on notice the Aviation Authority Board and staff shall not be contacted about this Bid. Firms and their agents are hereby placed on notice that they are not to contact members of the Aviation Authority staff and/or Committee/Board member (with the exception of designated Purchasing Agent). Public meetings and public deliberations of the Selection Committee are the only acceptable forum for the discussion of merits of products/services requested by the Invitation for Bid; and written correspondence concerning Bids may be submitted to the Purchasing Department. An appropriate official or employee

Page 12 of 35 IFB Goods Only of the Aviation Authority may initiate communication with a Bidder in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Solicitation. Any official communication from a Bidder during the Bid process should be submitted in writing to the GOAA Annex Building, Purchasing Department, 5855 Cargo Road, Orlando, FL 32827- 4399, or via OpenGov as directed during the Bid process. A copy of the Administration Policies (Sections 180.01 and 180.03) are available upon request from the Chief Administrative Officer. Failure to adhere to these requirements could result in Board action to disqualify your firm from consideration of award.

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. (F.S. 287.057 (23))

14) PUBLIC ENTITY CRIMES

All Contractors are hereby placed on notice that 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 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 under a Contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in 287.017 Fla. Stat. for CATEGORY TWO (currently $35,000) for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

Convicted Vendor List / Vendor Registration and Vendor Lists / State Agency Resources / State Purchasing / Business Operations / Florida Department of Management Services - DMS (myflorida.com)

15) FEDERAL FAIR LABOR STANDARDS ACT (FLSA)

All Contracts and subcontracts that result from this bid incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The selected Bidder has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists/convicted_vendor_list https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists/convicted_vendor_list https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists/convicted_vendor_list

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16) OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

All Contracts and Sub-Contracts that result from this bid incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The selected Bidder must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The selected Bidder retains full responsibility to monitor its compliance and their Subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Selected Bidder must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

17) ASSIGNMENT

The awarded Bidder shall not assign, transfer, convey, sublet or sell any portion of any PO or BPA entered into in connection with this IFB unless permission is first given in writing by the Authority.

18) VERBAL INSTRUCTIONS

No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any Aviation Authority employee. Only those communications, which are in writing from an authorized Aviation Authority representative, may be considered.

Only written communications from Contractors, which are signed by a person designated as authorized to bind the company, will be recognized by the Aviation Authority as duly authorized expressions on behalf of the Contractor.

19) SILENCE OF SPECIFICATIONS

The apparent silence of the specifications and any supplemental specifications as to any details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and only materials of first quality be provided.

20) VERIFICATION OF EMPLOYMENT STATUS

a) Prior to the employment of any person under this Contract, the Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the Contract term, For more information on this process, please refer to United States Citizenship and Immigration Service site at: http://www.uscis.gov/portal/site/uscis.

b) Only those employees determined eligible to work within the United States shall be employed under this Contract.

http://www.uscis.gov/portal/site/uscis

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c) By submission of a Bid in response to this solicitation, the Contractor affirms that all employees in the above categories shall undergo e-verification before placement on this Contract. The Contractor shall commit to comply with this requirement by completing the E-Verification certification, attached to this solicitation.

21) INDEMNIFICATION

The successful Contractor shall indemnify, defend and hold completely harmless the Aviation Authority and the City of Orlando, Florida ("City"), and the members (including, without limitation, members of the Aviation Authority's Board and the City's Council, and members of the citizens’ advisory committees of each), officers, employees and agents of each, from and against any and all liabilities (including statutory liability and liability under Workers' Compensation Laws), losses, suits, claims, demands, judgments, fines, damages, costs and expenses (including all costs for investigation and defense thereof, including, but not limited to, court costs, paralegal and expert fees and reasonable attorneys' fees) which may be incurred by, charged to or recovered from any of the foregoing: (a) by reason or on account of damage to or destruction or loss of any property of Aviation Authority or the City, or any property of, injury to or death of any person resulting from or arising out of or in connection with the performance of this Contract, or the acts or omissions of Contractor's directors, officers, agents, employees, Subcontractors, licensees or invitees, regardless of where the damage, destruction, injury or death occurred, unless such liability, loss, suit, claim, demand, judgment, fine, damage, cost or expense was proximately caused solely by Aviation Authority's negligence or by the joint negligence of Aviation Authority and any person other than Contractor or Contractor's directors, officers, agents, employees, Subcontractors, licensees, or invitees, or (b) arising out of or in connection with the failure of Contractor to keep, observe or perform any of the covenants or agreements in this Contract which are required to be kept, observed or performed by Contractor, or (c) arising out of or in connection with any claim, suit, assessment or judgment prohibited by this condition or in favor of any person described in below, or (d) arising out of or in connection with any action by Contractor or its directors, officers, agents, employees, Subcontractors, licensees or invitees. Aviation Authority agrees to give Contractor reasonable notice of any suit or claim for which indemnification will be sought hereunder, to allow Contractor or its insurer to compromise and defend the same to the extent of its interests, and to reasonably cooperate with the defense of any such suit or claim. In carrying out its obligations under this section, Contractor shall engage counsel reasonably acceptable to Aviation Authority. In any suit, action, proceeding, claim or demand brought in respect of which the Aviation Authority may pursue indemnity, the Aviation Authority shall have the right to retain its own counsel. The fees and expenses of such counsel shall be at the expense of the Aviation Authority unless the Contractor and the Aviation Authority shall have mutually agreed to another arrangement. In the event Contractor fails, within a reasonable time to retain counsel satisfactory to the Aviation Authority, the Aviation Authority may retain counsel and Contractor shall be responsible for such legal fees, costs and expenses. In the event, the Aviation Authority and

Page 15 of 35 IFB Goods Only the Contractor are both named parties in any such proceeding and, in the sole judgment of the Aviation Authority, representation of both the Aviation Authority and the Contractor by the same counsel would be inappropriate due to actual or potential differing interests between them then Aviation Authority shall obtain its own counsel and Contractor shall be responsible for such legal fees, costs and expenses. The indemnification provisions of this Section 5 shall survive the expiration or earlier termination of this Contract with respect to any acts or omissions occurring during the term of the Contract. No recourse under or upon any obligation, covenant or agreement contained in this Contract, or any other agreement or document pertaining to the work or services of the Contractor hereunder, as such may from time to time be altered or amended in accordance with the provisions hereof, or any judgment obtained against Aviation Authority, or the City, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any statute or otherwise, under or independent of this Contract, shall be had against any member (including, without limitation, members of the Aviation Authority's Board or the City's Council, or members of the citizens advisory committees of each), any officer, employee or agent, as such, past, present, or future of Aviation Authority or City, either directly or through the Aviation Authority or the City or otherwise for any claim arising out of or in connection with this Contract or the work or services conducted pursuant to it, or for any sum that may be due and unpaid by Aviation Authority. Any and all personal liability of every nature, whether at common law or in equity, or by statute or by constitution or otherwise, of any such member, officer, employee, or agent, as such, to respond by reason of any act or omission on his or her part or otherwise for any claim arising out of or in connection with this Contract or the work or services conducted pursuant to it, or for the payment for or to Aviation Authority, or any receiver therefore or otherwise, of any sum that may remain due and unpaid by the Aviation Authority, is expressly waived and released as a condition of and in consideration of the execution of this Contract and the, promises made to Contractor pursuant to this Contract. In any and all claims against the Aviation Authority or the City, or any of their officers, members, agents, servants or employees, by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation of Contractor under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefit payable by or for the Contractor or any Subcontractor under Workers' Compensation Acts, disability benefit acts or other employee benefit acts. No provisions of this condition shall be construed to negate, abridge, or otherwise reduce any other right of indemnity that Aviation Authority may have as to any party or person described therein

Also see Indemnification Statement in Terms and Conditions (Attachment B) – Paragraph 8.

22) PATENTS AND ROYALTIES

The Contractor, without exception shall indemnify and save harmless the Aviation Authority and its employees from liability of any nature of kind including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article

Page 16 of 35 IFB Goods Only manufactured or used in the performance of the Contract, including its use by the Aviation Authority. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the Bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any involved in the work.

23) WARRANTY AGAINST INFRINGRINGEMENT ON INTELECTUAL PROPERTY

Contractor warrants that the goods or services do not infringe upon or violate any United States patent, copyright, or trade secret. Contractor will defend at its expense any action against the Aviation Authority or the Aviation Authority as licensee to the extent that it is based on a claim that goods used or services provided used within the scope of the license hereunder infringe upon a United States patent, copyright or trade secret, and Contractor will pay any and all costs and damages finally awarded against the Aviation Authority or the Aviation Authority as licensee in such actions which is attributable to such claim. Should the products or services become, or in Contractor's opinion be likely to become, the subject of any claim of infringement, Contractor shall either: (a) procure for the Aviation Authority the right to continue to use the goods or services; or (b) modify the goods or services to make them non-infringing, provided that such modification does not materially adversely affect the Aviation Authority’s authorized use; or (c) replace the goods or services with equally suitable, compatible, and functionally equivalent non-infringing goods or services at no additional cost to the Aviation Authority; or (d) if none of the foregoing alternatives is reasonably available to Contractor, terminate this Contract and refund to the Aviation Authority the payments actually made to Contractor under this Contract.

24) OPTIONAL OWNERSHIP OF WORK PRODUCTS

Contractor agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes, methods, programs, and manuals that were developed, prepared, conceived, made or suggested by the Contractor for the Aviation Authority pursuant to a Work Order, including all such developments as are originated or conceived during the term of the Contract and that are completed or reduced to writing thereafter (the “Work Product”) and Contractor acknowledges that such Work Product may be considered “work(s) made for hire” and will be and remain the exclusive property of the Aviation Authority. To the extent that the Work Product, under applicable law, may not be considered work(s) made for hire, Contractor hereby agrees that this Contract effectively transfers, grants, conveys, and assigns exclusively to the Aviation Authority, all rights, title and ownership interests, including copyright, which Contractor may have in any Work Product or any tangible media embodying such Work Product, without the necessity of any further consideration, and Aviation Authority shall be entitled to obtain and hold in its own name, all Intellectual Property rights in and to the Work Product. Contractor for itself and on behalf of its Contractors hereby waives any property interest in such Work Product.

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25) FAILURE TO PERFORM

The Bidder shall be prepared to deliver goods as agreed-upon, after issuance of a purchase order, blanket release, or after receipt of deposit if applicable. Failure to satisfactorily complete delivery as scheduled may result in written notice to the Bidder terminating its right to proceed as to the whole or any part of the PO or to the remainder of the BPA term. Should the Bidder be unable to or refuse to provide goods, on any given day, against the predetermined schedule to which the Bidder has agreed by specifying it on Attachment A, and the Authority is forced to procure the goods from a different Bidder, the difference in the price of the goods and the price paid the new Bidder may be charged to and paid for by the Bidder.

26) SCRUTINIZED COMPANIES

Awarded Contractor shall certify that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S. If the Agreement is for more than $1,000,000 the Contractor further certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. For Contracts of any amount, if the Aviation Authority determines the Contractor submitted a false certification under Section 287.135(5) of the Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the Aviation Authority shall either terminate the Contract after it has given the Contractor notice and an opportunity to demonstrate the Aviation Authority’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or on a case-by-case basis the Aviation Authority may choose to maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. For Contracts $1,000,000 and greater, if the Aviation Authority determines the Contractor submitted a false certification under Section 287.135(5) of the Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies with Activities in the Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Aviation Authority shall either terminate the Contract after it has given the Contractor notice and an opportunity to demonstrate the Aviation Authority’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or on a case-by-case basis the Aviation Authority may choose to maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, this section shall become inoperative and unenforceable.

27) INCURRED COST

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The Authority is not liable for any cost incurred by any Bidder prior to an award. Costs for developing a response to this request for bid are entirely the obligation of the Bidder and shall not be chargeable in any manner to the Authority.

28) OPERATIONS DURING DISPUTE

In the event the Aviation Authority has not canceled the Contract in accordance with the terms of the Contract, and there remains a dispute between the Contractor and the Aviation Authority, the Contractor agrees to continue to operate and perform under the terms of the Contract while such dispute is pending. Further, the Contractor agrees that, in the event a suit is filed for injunction or other relief, it will continue to operate until the final adjudication of such suit by the court.

29) LITIGATION VENUE

All litigation shall take place either in the State Courts of Florida, wherein venue shall lie in Orange County, Florida, or in the Federal Courts wherein venue shall lie in the Middle District in and for the State of Florida. By signing the Bid Form, the Bidder expressly waives venue in any other location.

30) FLORIDA PUBLIC RECORDS LAW

IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,

FLORIDA STATUTES, TO THE BIDDER’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE AUTHORITY’S CUSTODIAN OF

PUBLIC RECORDS AT: PHONE NUMBER, (407) 825-2032; EMAIL ADDRESS,

PUBLICRECORDS@GOAA.ORG; AND MAILING ADDRESS, GREATER ORLANDO

AVIATION AUTHORITY, PUBLIC RECORDS, ONE JEFF FUQUA BOULEVARD,

ORLANDO, FL 32827. A Contractor with an Authority Contract for services, must comply with Florida Statute, Chapter 119.071, specifically to:

Keep and maintain public records that ordinarily and necessarily would be required by the Authority in order to perform the service.

Upon request from the Authority’s custodian of public records, provide the Authority with a copy of the requested records or allow the access to public records to be inspected or copied within a reasonable time on the same terms and conditions that the Authority would provide the records and at a cost that does not exceed the cost provided in Chapter 119.07, Florida Statutes, or as otherwise provided by law.

Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the records to the Aviation Authority.

mailto:PUBLICRECORDS@GOAA.ORG

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SECTION THREE - RESPONSE PREPARATION AND

SUBMITTAL

1) COMMUNICATION, QUESTIONS FROM BIDDERS

a) All communication and contact regarding this solicitation shall be directed only to the Purchasing Agent referenced on the cover page of this solicitation.

b) Any official communication from a Bidder during the bid process should be submitted in writing to the Greater Orlando Aviation Authority via Mercell Source-To Contract Messaging.

c) LOBBYING STATEMENT: All firms are hereby placed on notice the Aviation Authority Board and staff shall not be contacted about this Bid. Firms and their agents are hereby placed on notice that they are not to contact members of the Aviation Authority staff and/or Committee/Board member (with the exception of designated liaison). Public meetings and public deliberations of the Selection Committee are the only acceptable forum for the discussion of merits of products/services requested by the Invitation to Bid;

and written correspondence concerning Bids may be submitted to the Purchasing Department. An appropriate official or employee of the Aviation Authority may initiate communication with a Bidder in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Solicitation. Any official communication from a Bidder during the Bid process should be submitted in writing to the Greater Orlando Aviation Authority, Purchasing Office, 8652 Casa Verde Road, Building 811, Orlando, Florida 32827-4338 or to the email address as directed during the Bid process.

A copy of the Administration Policies (Sections 180.01 and 180.03) are available upon request from the Director of Board Services. Failure to adhere to these requirements could result in Board action to disqualify your firm from consideration of award.

2) DOCUMENTS

The Aviation Authority is requesting sealed bids for the service and/or product(s) detailed within this solicitation. If your company is interested in submitting a bid to provide this service and/or product(s), please provide the requested information in this ITB, complete the included forms, and submit these documents via your electronic sealed response through the Aviation Authority's eProcurement Portal by the date and time posted. Bids received after the posted date and time may not be considered. Do not submit confidential information, proprietary information and/or trade secrets.

a) Responses submitted in any other format, such as the bidder’s own quote documents, or an attachment to the official bid response form, will not be reviewed or considered.

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b) References:

☐ are not required with the submittal

☒ reference letters, no more than 6 months old, must be submitted in order to be considered responsive. Submit at least 3 reference letters, from clients to whom Bidder’s company provided goods/services similar in scope within the past 3 years

☐ reference contacts must be given on Attachment C. Please ensure that the contact information is valid. GOAA Staff is not responsible to further investigate if response is not received from the contact specified, or the email is undeliverable. The Bidder may be considered non-responsive if References cannot be verified

c) Certificate from the Manufacturer stating that the Bidder is authorized to sell their product:

☒ is not required ☐ must be included, if Bidder is not the Manufacturer

d) Samples:

☒ are not requested ☐ shall be submitted with response

IF THE BIDDER WISHES TO REQUEST SAMPLES FROM OUR CURRENT STOCK,

REQUEST FOR SAMPLE(S) MUST BE SUBMITTED VIA OPENGOV NO LATER

THAN 5:00 PM. EST. FRIDAY, APRIL 28, 2023.

e) Specification/Cut Sheets:

☒ are not requested ☐ submit specification or cut sheet

f) Bid Bond or Letter of Credit:

☒ is not required for this solicitation ☐ is required for this solicitation

g) Current W9 Form must be included

3) PRICING

a) Provide pricing on Attachment A. Responses in any other format (such as a quote on the Bidder’s template) will not be accepted or reviewed.

b) Unit prices provided must be valid at least through 7/31/2025.

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c) Unit price shall include all costs associated with shipping to the Authority’s location. (Zip:

32827)

d) Unit prices provided shall be for materials/items/parts/equipment that are new, unused, or a current year and model, and are fully supported by the manufacturer’s warranty to the initial purchaser, as applicable.

e) In case of a Bidder’s error in an extension or addition of bid prices, the unit price shall govern. Erasures or corrections must be initialed in ink.

f) The Authority is exempt from Federal excise taxes and all sales taxes.

g) Alternate items:

☐ will not be considered. The Authority will only consider the referenced product(s) manufactured by the company specified on the price sheet. Bids received for alternate products will be considered “non-responsive”

☒ will be considered

BRAND NAME OR EQUAL: If items called for by this invitation have been identified in the specifications by a “Brand Name or Equal” description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be acceptable. Bids offering “equal” products will be considered for award if such products are clearly identified in the bid and are determined by the Authority to meet fully the salient characteristics requirements listed in the specifications. Unless the Bidder clearly indicates in his bid that he is offering an “equal” product, the bid shall be considered as offering the same brand name product referenced in the specifications. If the Bidder proposes to furnish an “equal” product, the brand name if any, or the product to be furnished shall be inserted in the space provided or such product shall be otherwise clearly identified. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Authority and will be based on information furnished by the Bidder. Purchasing Department is not responsible for locating or securing any information, which is not identified in the bid and reasonably available to Purchasing Department. To ensure that sufficient information is available the Bidder shall furnish as a part of the bid, or prior to bid opening, as indicated, all descriptive material necessary for Purchasing Department to determine whether the product offered meets the salient characteristics required by the specifications and establish exactly what the Bidder proposes to furnish and what the Authority would be binding itself to purchase by making an award.

h) Bidder:

☒ must bid on all items to be considered ☐ may bid on one, some or all items listed on Attachment A

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4) SUBMITTAL OF RESPONSE AND LATE BIDS

a) Sealed electronic responses will be received for this solicitation through the Greater Orlando Aviation Authority e-Procurement Portal located at https://procurement.opengov.com/portal/goaa. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes.

b) Responses submitted by hard copy, e-mail, telephone or fax shall not be accepted.

Responses submitted outside of the designated electronic submission portal shall be rejected as non-responsive regardless of where received.

c) The Aviation Authority shall not be responsible for delays caused by any occurrence, to include a result of a technology issue are still considered late and shall not be accepted.

d) The time/date stamp clock located in the electronic submittal portal shall serve as the official authority to determine lateness of any response. The office opening time shall be scrupulously observed. Under no circumstances shall responses delivered after the time specified be considered.

e) Vendors shall not be allowed to modify their Reponses after the opening time and date.

Response may be examined thirty (30) days after the solicitation opening or upon recommendation for award, whichever occurs first.

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SECTION FOUR - BID OPENING, AWARD AND ORDERING

1) BID OPENING

Bid openings shall be public, on the date and at the time specified, or shortly thereafter, on the bid form, with the total bid amount being read aloud. The Bidder’s name and verification of bond submittal, if applicable, will be publicly announced aloud at the Bid opening. Bid opening location, date and time is listed on the cover page of this IFB.

2) AWARD

a) Award, if made, will be to the:

☒ Responsible and Responsive Bidder submitting the lowest total bid.

☐ Responsible and Responsive Bidder submitting lowest bid for each line. Multiple Bidders may be awarded.

b) Each bid submittal shall be evaluated for conformance as responsive and responsible.

c) Award process:

☐ The Construction Committee will consider awarding this IFB in a publically noticed meeting; or, for procurements over $250,000.00 the Construction Committee will make an award recommendation to the Aviation Authority Board.

☒ The Purchasing Department will consider award for this IFB for up to $100,000.00 value. The Procurement Committee will consider award recommendation to the Chief Executive Officer for procurements between $100,000-$250,000 value or for procurements over $250,000.00 the Procurement Committee will make an award recommendation to the Aviation Authority Board. Award presentation will be made for awards exceeding $350,000.00

d) Date, time, location and agenda for all publically noticed meetings will be posted to:

https://orlandoairports.net/airport-business/#sunshine-meetings, when available.

3) ORDERING

If awarded, this IFB will result in a:

☐ Standard Purchase Order (PO) ☒ Blanket Purchase Agreement (BPA) for a 24 month period. If funds are available on the BPA after the expiration date, the BPA may be used until the funds are depleted.

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SECTION FIVE - DELIVERY, INSPECTION AND INVOICING

1) PRODUCTION

For non-stock items: the awarded Bidder shall not proceed with ordering/manufacturing of goods until receipt of an approved PO or BPA Release.

2) DELIVERY

Bidder shall ensure that deliveries are scheduled to arrive at the location specified on the PO or BPA Release between the hours of 8:00 AM and 3:00 PM (the Warehouses close for lunch every day between 12:00 PM and 12:30 PM), Monday through Friday. GOAA’s warehouses are located in the 32827 Zip Code, address will be specified on the resulting PO or BPA Release.

If Bidder utilizes a common carrier for shipping, Bidder shall be responsible for initiating any and all tracers for delayed or missing shipments and shall be responsible for resolving any damage claims. Bidder shall furnish copies of any trace reports to the Authority’s Supervisor of Material Control. Packing lists shall be attached to the outside of packaging. The packing list will reflect the Authority’s PO Number or BPA Release # and quantity being shipped for each item. Bidder shall not combine supplies from multiple orders into one shipment.

The Authority’s warehouses are not located in secure areas; escorted delivery or badging will not be required.

3) INSPECTION:

The Authority reserves the right to inspect the supplies/items delivered. The Authority will determine whether to accept or reject delivered supplies/items. If the supplies/items delivered fail to conform to specifications, or requirements in quality, number or otherwise, or are found at any time to be defective in material or workmanship, the Authority may reject the supplies/items. The Authority shall notify the Bidder of any such rejections.

The exercise by the Authority of its right of inspection hereunder or the Authority’s acceptance of the Supplies shall in no way be deemed a waiver by the Authority of 1) Authority’s right to later reject, revoke acceptance, or recover damages for supplies/items accepted which are not free from patent or latent defects, or 2) the Bidder’s obligation to deliver conforming supplies/items. If the quantity of conforming units shown on the packing slip is not equal to the quantity actually delivered by the Bidder, the Authority will so notify the Bidder and will pay only for the quantity actually delivered.

Bidder shall remove from the Authority’s property, at its own expense, and within a reasonable time (not to exceed 10 calendar…