24-ITB-002-RL Custodial Services VIP.pdf

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Commerce Solicitation No.: 24-ITB-002-RL

FLORIDA DEPARTMENT OF COMMERCE

INVITATION TO BID

Solicitation Acknowledgement Form

Page 1 of 46 pages SUBMIT BID TO:

Florida Department of Commerce (Commerce) Purchasing Office 107 East Madison Street, B-047 Tallahassee, Florida 32399-4128 Telephone Number: 850-245-7455

AGENCY RELEASE DATE:

May 21, 2024

SOLICITATION TITLE: SOLICITATION NO:

Custodial Services-Caldwell Building 24-ITB-002-RL BIDS WILL BE OPENED: June 17, 2024 at 3:00 PM, Eastern Time and may not be withdrawn within 180 days after such date and time.

I certify that this Bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the Bidder and that the Bidder is in compliance with all requirements of the Invitation to Bid, including but not limited to, certification requirements. In submitting a bid to an agency for the State of Florida, the Bidder offers and agrees that if the bid is accepted, the Bidder will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Bidder.

BIDDER NAME:

BIDDER MAILING ADDRESS:

CITY – STATE – ZIP:

* Authorized Representative’s Signature

PHONE NUMBER:

TOLL FREE

NUMBER:

FAX NUMBER: * Typed Name and Title of Authorized Representative

EMAIL ADDRESS:

FEID NO.: *This individual must have the authority to bind the Bidder.

TYPE OF BUSINESS ENTITY (Corporation, LLC, partnership, etc.):

BIDDER CONTACTS: Please provide the name, title, address, telephone number and e-mail address of the official contact and an alternate, if available. These individuals shall be available to be contacted by telephone or attend meetings as may be appropriate regarding the solicitation schedule.

PRIMARY CONTACT: SECONDARY CONTACT:

NAME, TITLE: NAME, TITLE:

ADDRESS: ADDRESS:

PHONE

NUMBER: PHONE NUMBER:

FAX NUMBER: FAX NUMBER:

EMAIL ADDRESS: EMAIL ADDRESS:

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SECTION A

PUR 1001 – GENERAL INSTRUCTIONS TO BIDDERS

This section explains the General Instructions to Bidders (PUR 1001) of the solicitation process and is a downloadable document incorporated into this solicitation by reference. This document should not be returned with the Response.

http://dms.myflorida.com/content/download/2934/11780

In the event of a conflict between the terms of the PUR 1001 and the other terms of this solicitation, the other terms of this solicitation will control.

PUR 1000 – GENERAL CONTRACT CONDITIONS

The General Contract Conditions (PUR 1000) is a downloadable document incorporated in this solicitation by reference, which contains general contract terms and conditions that must apply to any contract resulting from this ITB to the extent they are not otherwise modified herein. This document should not be returned with the Response.

http://dms.myflorida.com/content/download/2933/11777

In the event of a conflict between the terms of the PUR 1000 and the other terms of this solicitation, the other terms of this solicitation will control.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

http://dms.myflorida.com/content/download/2934/11780 http://dms.myflorida.com/content/download/2933/11777

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SECTION B

SPECIAL INSTRUCTIONS FOR THE PREPARATION AND SUBMISSION OF BIDS

B.1 Solicitation Number 24-ITB-002-RL Solicitation Title Custodial Services at the Caldwell Building

B.2 Solicitation Type Invitation to Bid (ITB)

B.3 Program Office Bureau of General Services, Facility Management

B.4 Purchasing Office Roberta Lewis, Procurement Officer 107 East Madison Street, B-047 Tallahassee, Florida 32399

850-245-7462 FloridaCommerce.Purchasing@commerce.fl.gov

B.5 Introduction to the Procurement

The FLORIDA DEPARTMENT OF COMMERCE (Commerce) is requesting sealed Bids from qualified Bidders to obtain competititive prices for commercial custodial services for the Caldwell Building located at 107 E Madison Street, Tallahassee, FL 32399.

B.6 Definitions

1) Bid: The bid extended to Commerce in response to an Invitation to Bid.

2) Bidder: A person or entity that sells or offers to sell commodities or contractual services. The person or entity submitting a bid in response to an Invitation to Bid.

3) Building Manager: The person desinated in General Services responsible for the maintenance and oversite of the building.

4) Commerce: Florida Department of Commerce.

5) Commerce Business Hours: 8:00 AM, Eastern Standard Time (EST) - 5:00 PM, EST, Monday through

Friday, during which time Commerce conducts routine business, or otherwise specified.

6) Commerce Non-Business Hours: Commerce-Observed holidays, weekends, and night time frames, 5:01 PM, EST – 7:59 AM, EST, in which Commerce is closed for conducting routine business.

7) Commerce-Observed Holidays: The following holidays are currently observed by Commerce. If any of these holidays fall on a Saturday, the preceding Friday is observed. If any holidays fall on a Sunday, the following Monday is observed.

a. New Year’s Day

b. Martin Luther King Day

c. Memorial Day mailto:FloridaCommerce.Purchasing@commerce.fl.gov

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d. Independence Day

e. Labor Day

f. Veteran’s Day

g. Thanksgiving Day

h. Friday, following Thanksgiving Day

i. Christmas Day

8) Contract: A formal written agreement between Commerce and the Contractor, including all documents, exhibits and attachments specifying services to be performed or provided by the Contractor, billing rates for these services and the manner in which the Contractor shall be compensated for these services, which shall be executed by both the Contractor and Commerce.

9) Contract Manager: The person designated by Commerce who is charged with monitoring a Contract through the term of the agreement and who is specifically responsible for enforcing performance of the contract terms and conditions, and maintaining all financial information, i.e., payment history, payment method, payment tracking, etc. The Contract Manager serves as the liaison between Commerce and the Contractor regarding performance issues contained in the Contract.

10) Contractor: The person or entity that enters into a Contract to sell commodities or contractual services to Commerce. As used in this solicitation the term includes subcontractors used as agents or representatives of the Contractor with the Contractor having primary responsibility for its subcontractors.

11) Contractor Personnel: Persons directly employed by the Contractor.

12) Facilities Manager: The person designated in General Services responsible for the day to day operations of Florida Commerce owned and leased space.

13) Fixed Price: A specified price of goods and services per the terms of the established contract.

14) Invitation to Bid (ITB): A written solicitation for competitive sealed bids, used for the purchase of commodities and/or contractual services. Commerce is statutorily required to use an ITB if price alone may determine the vendor selection and the well-defined Scope of Work.

15) Invoice: Contractor’s itemized document stating prices and quantities of goods and/or services delivered, and sent to the Department for verification and payment.

16) Key personnel: Any person acting as a site-supervisor, Regional Manager, and any person responsible for the oversite of day/night porters, product inventory, and quality control.

17) Porter (Day/Night): A member of custodial staff responsible for custodial maintenance.

18) Responsible Bidder: A Bidder who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

19) Responsive Bid: A response submitted by a responsive and Responsible Bidder that conforms in all material respects to the solicitation.

20) Responsive Bidder: A Bidder that has submitted a bid that conforms in all material respects to the solicitation.

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21) Vendor: A person or entity that sells or offers to sell commodities or contractual services.

22) Vendor Information Portal (VIP): The system which allows all state agencies to advertise bids and exceptional purchases on https://vendor.myfloridamarketplace.com/search/bids. It also permits registered vendors to receive automatic email notification of bid advertisements, addendums to bids, and exceptional purchases.

23) Written Notice: Written Notice is herein defined as notice in writing, signed and may be an email of the original.

B.7 Restrictions on Communication with COMMERCE Staff

Bidders to this solicitation or persons acting on their behalf may not contact, between the release of this solicitation and the end of the 72 hour period following Commerce 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 Purchasing Office named above. Violation of this provision may be grounds for rejecting a bid.

B.8 Calendar of Events

The anticipated Calendar of Events consists of important actions and dates/times by which the actions must be taken or completed. If the Department finds it necessary to change any of these dates/times, it will be accomplished by an addendum. Time is stated in terms of Eastern Standard Time (EST) in Tallahassee, Florida.

Estimated Calendar of Events Date and Time

1.

Date of Issuance and publication on the Florida Vendor Information Portal (VIP) website at:

https://vendor.myfloridamarketplace.com/search/bids

May 21 , 2024

2.

Mandatory- Pre Bid Conference/Site Visit Location: Caldwell building 107 E Madison Street, Tallahassee, FL 32399

May 28, 2024

10:00 AM EST

3. Technical Questions due from prospective Bidders (Only email inquiries will be accepted.) June 3, 2024

4.

Anticipated Posting of Questions and Answers to VIP website (via addendum) at:

https://vendor.myfloridamarketplace.com/search/bids

June 10, 2024

5.

Bids Due 107 East Madison Street, Caldwell Building Tallahassee, Florida 32399

June 17, 2024

2:30 PM EST

6.

Bids Opened 107 East Madison Street, Caldwell Building Tallahassee, Florida 32399

June 17,2024

3:00 PM EST

7. Anticipated Posting of Notice of Intent to Award July 1, 2024

Addenda or clarifications to this ITB along will be posted on VIP. It is the Bidders’s responsibility to monitor the Florida Vendor Information Portal for any solicitation updates.

https://vendor.myfloridamarketplace.com/search/bids https://vendor.myfloridamarketplace.com/search/bids https://vendor.myfloridamarketplace.com/search/bids

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B.9 Notice of Potential Federal Funding

All or some portion of this procurement may be funded with federal funds. The exact amount of federal funding used will be based on the Commerce’s federally approved cost allocation plan.

B.10 A Mandatory Pre-Bid Conference and/or Site Visit

A Mandatory Site Visit will be held as per the date, time and location specified in Section B.8, Calendar of Events.

All Bidders intending to submit a bid to this ITB must attend this conference from beginning to end, or any bid submitted will be rejected as non-responsive.

The Mandatory Site Visit will provide Bidders with an opportunity to ask questions to clarify any uncertainties.

Questions asked and answers provided at the mandatory conference are not binding; oral answers provided at the mandatory conference are given as temporary guidance to clarify issues until a written answer is issued by Department, in writing, in the form of an ITB Addendum.

Bidders should review and become familiar with the solicitation documents and other supporting materials as listed in this ITB prior to attending the mandatory conference.

Parking for the site visit in Tallahassee, Florida, is available in designated visitor spaces located in Level 1 of the parking deck located behind the Fletcher Building. The entrance/exit to this parking deck is located on South Monroe, just before the overpass.

The Caldwell Building is a secure building requiring visitors to be signed in and escorted by the Procurement Office Staff, or designee, identified in section B.4. Vendors should allow enough time to arrive, park, walk and gain entry into the building to ensure that they arrive prior to the site visit time.

B.11 Questions (This section supersedes Section A, PUR 1001, Instruction #5, Questions)

Any questions from Bidders concerning this ITB shall be submitted via email to Roberta Lewis at FloridaCommerce.Purchasing@commerce.fl.gov by the date and time specified in Section B.8, Calendar of Events.

Only e-mail inquiries will be accepted. All emails to the procurement officer should contain the solicitation number in the subject line of the email. All questions and/or changes to the solicitation will be posted on the Department of Management Services (DMS) VIP as an addendum. It is the prospective Bidder’s responsibility to periodically check the VIP for any solicitation updates. Commerce bears no responsibility for any delays, or resulting impacts, associated with a prospective Bidder’s failure to obtain the information made available through the Florida Vendor Information Portal. Bidder questions should be submitted in the format included in Attachment J – Technical Questions Submittal Form.

Each Bidder shall be responsible for all services required under this solicitation. The Bidder is required to carefully examine the specifications set forth and to be knowledgeable of any and all conditions and requirements that may in any manner affect the work to be performed as described in this solicitation. No allowances will be made to the selected Bidder because of lack of knowledge of conditions or requirements, and the selected Bidder will not be relieved of any liabilities or obligations.

INFORMATION WILL NOT BE PROVIDED BY THE TELEPHONE. Any information received through oral communication shall not be binding on the Department and shall not be relied upon by any Bidder.

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B.12 Submission of Bids (This section supersedes Section A, PUR 1001, Instruction #3, Electronic Submission of Responses)

Bids are to be submitted in a sealed package with the solicitation number and opening date and time identified on the outside. BIDS SUBMITTED ELECTRONICALLY OR BY FACSIMILE WILL BE REJECTED.

Each bid shall be prepared simply and economically, following the instructions contained herein.

Since the Caldwell Building is a secured facility, if the Bid is being hand delivered, please allow for sufficient time to gain access into the building.

BIDS RECEIVED AFTER THE EXACT TIME SPECIFIED WILL NOT BE CONSIDERED AND WILL BE RETURNED TO THE

BIDDER UNOPENED.

B.13 Withdrawal of Bids

The Bidder may withdraw its submitted bid at any time before Bids are opened by Comerce by sending an email to the Purchasing Office contacts set forth in Section B.4. A submitted bid may be withdrawn if, within 72 hours after the bid due date and time indicated in the Calendar of Events, the Bidders submits a signed, written request for its withdrawal to Commerce.

B.14 Bid Opening (This section supersedes Section A, PUR 1001, Instruction #12, Public Opening)

The Bid opening will be held at the time and date specified in Section B.8, Calendar of Events, in the Purchasing Office, 107 East Madison Street, Caldwell Building, Tallahassee, Florida.

The name of all Bidders submitting bids shall be made available to interested parties upon written request to the contact person(s) listed in Section B.4. Any person with a qualified disability shall not be denied equal access and effective communication regarding any solicitation documents or the attendance to any related meeting or bid opening.

Sealed bids received by Commerce in response to this solicitation are subject to production, disclosure, inspection and copying, in accordance with Chapter 119, Florida Statutes (F.S.), once Commerce posts its decision or intended decision pursuant to s. 120.57(3)(a), F.S., or 30 days after the bid opening, whichever is earlier.

B.15 Solicitation Requirements

The following requirements must be met by the Bidder in order for its bid to be considered responsive to this solicitation; however, this is not an exhaustive list of mandatory requirements. Timely bids that do not meet all mandatory requirements of this solicitation, including providing all required information, documents or materials, will be rejected as non-responsive. Mandatory requirements of the bid are those set forth as mandatory, or without which an adequate analysis and comparison of bids is impossible, or those which affect the competitiveness of bids or the cost to Commerce.

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Bids may be rejected as non-responsible if past performance or current status do not reflect the capability, integrity or reliability to perform fully and in good faith the requirements of the contract.

B.16 Cost of Preparing Bidder’s Bid

Commerce is not liable for any costs incurred by a Bidder in responding to this ITB, or for any cost incurred for any oral presentations, if applicable.

B.17 Disclosure and Ownership of Bids by Commerce

A Bidder’s bid shall be a public record and subject to production, disclosure, inspection and copying consistent with the requirements of Chapter 119, Florida Statutes. A Bidder’s bid, upon submission, and any resulting Contract shall be the property of Commerce except those parts asserted to be confidential or exempt pursuant to Chapter 119, Florida Statutes, and Commerce, in its sole discretion, shall have the right to use, reproduce, and disseminate the bid and contract.

MANDATORY REQUIREMENTS FOR EVALUATION

A. It is MANDATORY that the Bidder submits its bid within the time frame specified in Section B.8, Calendar of Events.

B. It is MANDATORY that the Bidder attends the Mandatory Pre-Bid Site Visit at the date and time specified in Section B.8, Calendar of Events.

C. It is MANDATORY that the Bidder returns, in accordance with the requirements of Sections B.35, one (1) original, signed and sealed bid, two (2) paper copies, and one (1) electronic copy (USB drive) which include the following required attachments:

1. COMMERCE Solicitation Acknowledgement Form

2. Attachment A – Reference Form

3. Attachment B – Price Page

4. Attachment C – Drug Free Workplace Certification

5. Attachment D – Disclosure Statement/Conflict of Interest

6. Attachment E – Certification Regarding Debarment

7. Attachment F – Certification Regarding Lobbying

8. Attachment G – Evaluation of Past Performance

9. Attachment I – List of Subcontractors

D. If a Bidder fails to submit all completed documentation with its Bid, Commerce reserves the right, but has no duty, to contact the Bidder by telephone for submission of this document via email. This right may be exercised when the bid has met all other requirements of the solicitation.

E. The use of the terms “shall’, “must”, or “will” within these solicitation documents indicate a MANDATORY requirement or condition.

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B.18 Bidder’s Duties to Assert Exemption from Disclosure as a Public Record

Any bid content submitted to Commerce which is asserted to be exempted by law from disclosure as a public record shall be set forth on a page or pages separate from the rest of the bid, and clearly marked “exempt,” “confidential,” or “trade secret” (as applicable), with the statutory basis for such claim of exemption specifically identified in writing on each and every such page. Failure to segregate and so identify any such content shall constitute a waiver of any claimed exemption as applied to the portion of the bid or other document in which the content is set forth.

Pursuant to section 215.985(14), F.S., the Department of Financial Services (DFS), has developed a web-based system that provides information and documentation about government contracts called the “Florida Accountability Contract Tracking System” or “FACTS.” An important aspect of this system is the posting of contract images on the Internet, including contract attachments, which may include all or part of your response to this solicitation.

Any claim of exemption from public disclosure is waived upon submission, unless addressed as set forth above.

Commerce will attempt to afford protection from disclosure of any trade secret as defined in section 812.081(1)(c), F.S., or section 688.002, F.S., where identified as such in the reply, to the extent permitted under section 815.045, F.S., or section 288.075, F.S., and Chapter 119, F.S. Each Bidder acknowledges that the protection afforded by section 815.045, F.S., is incomplete, and hereby agrees that no remedy for damages may arise from any disclosure by Commerce.

Commerce takes its public records responsibilities under Chapter 119, F.S., and Article I, Section 24 of the Florida Constitution, very seriously. If a Bidder considers any portion of the documents, data or record submitted in response to this solicitation to be exempted by law from disclosure as a public record, the Bidder must also provide the Department with a separate Redacted Copy of its bid, in hard copy and on a compact disk or USB drive, at the time of bid submission.

This Redacted Copy shall contain Commerce’s solicitation name, number, and the name of the Bidder on the cover, and shall be clearly titled “Redacted Copy.” The Redacted Copy shall be provided to the Department at the same time the Bidder submits its response to the solicitation and must only exclude or obliterate those exact portions which are exempted by law from public disclosure. Each individual portion of the Redacted Copy that Bidder asserts is confidential must contain a citation to the specific law making the content of the redacted portion confidential.

If it is determined that the bid does not contain any information which is exempted by law from public disclosure, please provide as part of the bid, a written statement to that effect which is executed by an authorized representative of the Bidder’s company with legal authority to make this determination on behalf of the Bidder.

Bidder shall protect, defend, and indemnify, save and hold harmless, Commerce from any and all claims, demands, liabilities and suits of any nature arising out of, because of, or due to failure of Commerce to release information redacted by the Bidder, and to further indemnify Commerce for any other loss Commerce incurs due to any claim being made against Commerce regarding portions of its Redacted Copy being confidential, proprietary, trade secret or otherwise not subject to disclosure.

If Bidder fails to submit a Redacted Copy with its bid, Commerce is authorized to produce the entire document(s), data or records submitted by Bidder in answer to a public records request.

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B.19 Posting of Recommended Award (This section supersedes Section A, PUR 1001, Instruction #13, Electronic Posting of Notice of Intended Award).

The Bid Tabulation, with recommended award, will be posted for review by interested parties at the location identified in Section B.8, “Calendar of Events” above for a period of 72 hours, excluding weekends and State observed holidays; and on the Vendor Information Portal.

1. ANY NOTICE OF PROTEST OR FORMAL WRITTEN PROTEST MUST BE TRANSMITTED BY THE BIDDER TO

THE AGENCY CLERK AS SET FORTH HEREIN. IN NO EVENT WILL COMMERCE CONSIDER ANY

COMMUNICATION MADE BY THE BIDDER TO ANY OTHER INDIVIDUAL AT COMMERCE AS A NOTICE OF

PROTEST OR A FORMAL WRITTEN PROTEST UNDER S. 120.57(3), F.S.

2. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

3. If the Bidder desires to protest this Solicitation or Commerce’s decision or intended decision under this

Solicitation, including a decision to reject all bids, the Bidder must do so within the time prescribed in Section 120.57(3), F.S., and Chapter 28-110, F.A.C. All notices of protest under Section 28-110.003, F.A.C., must be delivered by email to agency.clerk@commerce.fl.gov. All formal written protests under Section 28-110.004, F.A.C., must be delivered in accordance with the emphasized instructions below, to the agency clerk at the following address:

AGENCY CLERK

FLORIDA DEPARTMENT OF COMMERCE

OFFICE OF THE GENERAL COUNSEL

107 EAST MADISON ST., MSC 110

TALLAHASSEE, FLORIDA 32399-4128

B.20 Number of Awards

Commerce anticipates the issuance of one (1) contract. Commerce reserves the right to issue multiple contracts if doing so is believed to be advantageous to Commerce and the State of Florida. Commerce, in its sole discretion, shall determine whether multiple contracts will be issued.

B.21 Contract Period

The contract period is expected to begin upon execution and remain in effect for a period of 36 months. The selected Contractor will be expected to be able to assume the responsibilities outlined herein within 30 days of contract execution. Pursuant to s. 287.0582, F.S., Commerce and the State of Florida’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.

The anticipated Contract period is from July 1, 2024 – June 30, 2027.

mailto:agency.clerk@commerce.fl.gov

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B.22 Contract Renewal

Commerce reserves the right to renew the contract resulting from this solicitation. Renewal of this contract shall be in writing and shall be subject to the terms and conditions set forth in the existing contract. Renewal shall be limited to an additional term not to exceed three years. All renewals are contingent upon satisfactory performance by the Contractor and the availability of funds.

Any contract resulting from this ITB will have a duration of three (3) years. No contract/amendment shall be valid, nor shall the state be bound by the contract/amendment, until it has first been executed by the head of the using agency, or his/her designee, the contractor and has been approved in writing by Commerce. Total contract term, with extensions, shall not exceed three years.

B.23 Type of Contract Contemplated (This section supersedes Section A, PUR 1000, Condition #2, Purchase Order), only if the Contract award is equal to or greater than $65,000)

A fixed price Contract is proposed; however, Commerce reserves the right to award another type of Contract if doing so is believed to be advantageous to Commerce and the State of Florida, considering price and other factors.

Contractor shall be paid for the services rendered under the Contract upon satisfactory completion of these services.

A copy of the proposed contract containing all requirements is included in Section D, “Commerce Vendor Core Contract.” The requirements contained in the proposed Contract should be closely reviewed by the Bidder.

Commerce may consider any modifications proposed by the Bidder if it is determined to be in the best interest of Commerce.

Information on Federal procurement regulations, state statutes and rules referred to in this solicitation, may be obtained by contacting Commerce’s Purchasing Office referred to in Section B.4.

B.24 Bid Acceptance Period

Commerce intends to execute the contract(s) as soon as possible after the posting of Commerce’s decision.

Commerce, at its discretion, may terminate discussions with the highest ranked Bidder if an agreement is not executed within thirty (30) days after the announcement of an award and may proceed to award the contract to the second ranked Bidder.

B.25 Firm Bid (This section supersedes Section A, PUR 1001, Instruction #14, Firm Response).

Any submitted bid shall remain firm and valid for 180 days after the bid submission due date, or until a contract is fully executed, whichever occurs first. The Bidder shall not withdraw any bid within this time period except as described in Section B.13. Any bid that expresses a shorter duration of validity may, in Commerce’s sole discretion, be accepted or rejected.

B.26 Disclosure

Information will be disclosed to Bidders in accordance with state statutes and rules applicable to this solicitation.

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B.27 Laws and Permits

Contractor(s) must comply with all local, state and federal laws, rules, regulations and codes whenever work is being performed under this contract. All permits and licenses required for this contract must be obtained by the contractor and maintained for the duration of the Contract.

B.28 Insurance

1. Contractor’s Commercial General Liability Insurance:

By execution of this Contract, unless Contractor is a state agency or subdivision as defined by Subsection 768.28(2), F.S., Contractor shall provide carry Commercial General Liability insurance coverage and hold such liability insurance at all times during this Contract. The limits of coverage shall not be less than $300,000 for each occurrence and not less than a $500,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The policy/ies shall be primary and non-contributory. The policy/ies and coverage described herein may be subject to a deductable, but Contractor shall pay all deductibles as required by the policy. Contractor shall cause Commerce to be made an Additional Insured as to such coverage. A self-insurance program established and operating under the laws of the State of Florida may provide such coverage.

2. Workers’ Compensation and Employer’s Liability Insurance:

Contractor, at all times during the Contract, at its sole expense, shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract, which, as a minimum, shall be: workers’ compensation and employer’s liability insurance in accordance with chapter 440, F.S., with minimum employer’s liability limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policy shall cover all employees engaged in any Contract work.

3. Other Insurance:

During the Contract term, Contractor shall maintain any other insurance as required in Section C, Scope of Work.

The Contractor selected under this ITB shall maintain, during the life of the Contract, Workers’ Compensation Insurance for all of its employees connected with this Contract. Such insurance shall comply fully with the Florida Workers’ Compensation Law. In case any class of employee engaged in hazardous work under the contract is not protected under the Workers’ Compensation statute, Contractor shall provide adequate insurance, satisfactory to Commerce, for the protection of its employees not otherwise protected.

The selected Contractor’s insurance policy/ies shall contain a provision that the insurance will not be canceled or modified for any reason except after 30 days written notice to Commerce’s Contract Manager, with the exception of ten days’ notice for non-payment of premium by the insured.

The selected contractor shall be required to submit insurance certificates, evidencing such insurance coverage, prior to the execution of a contract with Commerce. The insurance certificate must name Commerce as an additional insured and identify Commerce’s Contract Number. Copies of new insurance certificates must be provided to Commerce’s Contract Manager with each insurance renewal.

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B.29 Vendor Registration

Prior to entering into a contract with Commerce, the selected contractor must be registered with the Florida Department of Management Services (DMS) MyFloridaMarketPlace (MFMP) Vendor Registration System.

Information about the registration process is available, and registration may be completed, at the MFMP website at:

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors/ requirements_for_vendor_registration. Bidders who do not have Internet access may request assistance from MFMP Customer Services at (866) 352-3776.

The following DMS Class/Group code is provided to assist you in the registration process:

Insert Commodity Codes and Descriptions pertaining to this solicitation in the table below. Add/Delete rows as necessary.

Code Description 84121806 Securities Custodial Services 76110000 Cleaning and janitorial services 76101502 Rest room cleaning services 76111500 General building and office cleaning and maintenance services

A list of Commodity Codes can be found here: Commodity Codes / MyFloridaMarketPlace / State Purchasing / Business Operations / Florida Department of Management Services - DMS. If you need assistance, the Purchasing Office can help.

B.30 Florida Department of State Registration Requirements

All entities identified under Chapters 607, 617, 620, 621 or 865, Florida Statutes, seeking to do business with Commerce shall, prior to entering into a Contract, be appropriately registered with the Florida Department of State.

B.31 Diversity

The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, and veteran-owned business enterprises in the economic life of the state.

The State of Florida Mentor Protégé Program connects minority-, women-, and veteran-owned business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdinfo@dms.myflorida.com.

B.32 Contractors and Subcontractors

The resulting Contract allows the Contractor to subcontract for any of the services provided in the resulting Contract. The Contractor shallbe the prime service provider and shall be responsible for all work performed and Contract deliverables. The Contractor shall not enter into any subcontracts for the delivery of any services described in this Contract without the prior written approval of Commerce. Proposed use of subcontracts should be included in the Bidder’s bid. Requests for use of subcontractors received subsequent to the ITB process are subject to review and approval by Commerce.

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors/requirements_for_vendor_registration http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors/requirements_for_vendor_registration https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/commodity_codes https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/commodity_codes mailto:osdinfo@dms.myflorida.com

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document

B.33 Conflict of Interest

The Bidder covenants that it presently has no interest in and shall not acquire any interest, direct or indirect, which would conflict in any manner of degree with the performance of the services required to be performed under the Contract resulting from this solicitation. The selected Contractor shall be required to provide written notification to Commerce within five (5) working days of the discovery of a potential conflict of interest.

Commerce shall have the authority to determine whether or not a conflict of interest exists.

B.34 Rights to Data and Copyright

Writings, publications, films, videos, technical reports, equipment, computer hardware and software, recordings, computer programs, computerized data bases, data processing programs, pictorial reproductions, maps, drawings, specifications, graphical representations, and works of similar nature (whether copyrighted or not copyrighted), which are submitted with a bid or specified to be delivered under a project contract shall be maintained by Commerce and may be released as public records. Additionally any writings, publications, films, videos, technical reports, equipment, computer hardware and software, recordings, computer programs, computerized data bases, data processing programs, pictorial reproductions, maps, drawings, specifications, graphical representations, and works of similar nature (whether copyrighted or not copyrighted), which are developed or produced and paid for in whole or in part by Contract funds become the property of Commerce except as may otherwise be provided in the Contract.

B.35 Submittal Requirements

One signed original, two (2) copies, and one ( 1) electronic, signed copy (on compact disc or USB drive) of the bid must be submitted for review by Commerce. Each copy is to be bound individually. Use of legible reproductions of signed originals is authorized for all other copies of the bid.

If a Bidder fails to submit the one (1) signed original bid or one (1) electronic (on a compact disc or USB drive) signed copy of the bid with its bid, Commerce reserves the right to contact the Bidder by telephone for submission of this document via mail. This right may be exercised when the bid has met all other requirements of the solicitation.

If Bidder considers any portion of its bid to be confidential, the Bidder shall submit a compact disc or USB drive containing one (1) copy of the signed original bid with the confidential information redacted. This compact disc or USB drive shall be titled “Redacted Copy.” Each individual portion of the Redacted Copy that Bidder asserts is confidential must contain a citation to the specific law making the content of the redacted portion confidential.

B.36 Elaborate Bids

It is not necessary to prepare your bid using elaborate brochures and artwork, expensive paper and bindings, or other expensive visual presentation aids; instead prepare your bid simply and in accordance with the instructions herein.

B.37 Commerce Solicitation Acknowledgement Form (Cover Page)

Commerce’s Solicitation Acknowledgement Form shall be completed as instructed. Bidders are required to complete, sign and return the “Commerce Solicitation Acknowledgment Form” with their bid submittal. This form must be completed and signed by a representative who is authorized to contractually bind the Bidder.

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document

If a Bidder fails to submit a signed Commerce Solicitation Acknowledgment Form with their bid, Commerce reserves the right to contact the vendor by telephone for submission of this document via email with follow up via mail. This right may be exercised when the bid has met all other requirements of the solicitation.

In the event that Bidders submit a bid as part of a joint venture, each member of the joint venture must complete and sign a separate Commerce Solicitation Acknowledgement Form.

B.38 Cost Response Submittal

Each Bidder shall use the forms provided as Attachment B, “Cost Response”, to provide rates for the services requested in this solicitation.

The rates provided shall include the cost of all things necessary to accomplish the services outlined in Section C and the Bidder’s response hereto, including, but not limited to Bidder’s furnishing the necessary personnel and labor, supplies, equipment, services, insurance, MyFloridaMarketPlace transaction fees miscellaneous expenses and the application of all multiples (i.e. overhead, fringe benefits, etc.), travel and incidental expenses. Failure by the Bidder to complete and submit Attachment B, “Cost Response,” and provide a cost on Attachment B shall result in the bid being deemed non-responsive, and therefore, the bid will be rejected. Footnotes, notations, and exceptions made to Attachment B shall not be considered.

B.39 Past Performance References

In the spaces provided on Attachment A, the Bidder must list three separate client references, other than Commerce, for which work similar to that specified in this solicitation has been performed within the last three year(s). Do not list the same client for more than one reference. Do not list Commerce as a client. Do not include confidential clients. Fully complete all fields in Attachment A. Commerce will attempt to contact the references.

Firms that are currently parent or subsidiary companies to the Bidder will not be accepted as Past Performance references under this solicitation.

If the Bidder has had a name change since the time work was performed for a listed reference, the name under which the Bidder operated at the time the work was performed must be given at the end of the project description for that reference, on Attachment A.

In the event that Bidders submit a bid as a joint venture, at least one past performance client must be listed for each member of the joint venture. However, the total number of clients to be listed remains three.

References should be available to be contacted during normal working hours.

Any information obtained as a result of such contact may be used to determine whether or not the Bidder is a “responsible vendor” as defined in Section 287.012(25), F.S.

Commerce shall reject as non-responsive the Bidder’s bid if the Bidder fails to completely provide the required information for a minimum of three separate client references in the spaces provided on Attachment A.

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document

B.40 State Project Plan

The Bidder should submit a written plan addressing the State’s four objectives listed below, to the extent applicable to the items/services covered by this solicitation. Commerce expects prospective Bidders to address each objective. Objectives not addressed in the selected Bidder’s bid must be addressed prior to Contract execution. The State reserves the right to negotiate mutually acceptable changes with the Bidder selected for award, prior to execution of the Contract.

1. Environmental Considerations: The State supports and encourages initiatives to protect and preserve our environment. The Bidder shall submit as part of this plan the Bidder’s plan to support the procurement of products and materials with recycled content. The Bidder shall also provide a plan for reducing and/or handling of any hazardous waste generated by the Bidder which must comply with the provisions of Rule 62-730.160, Florida Administrative Code, and applicable State and Federal laws. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of the Bidder’s explanation of its company’s hazardous waste plan and shall explain in detail its handling and disposal of waste.

2. Certification of Drug Free Workplace Program: The State supports and encourages initiatives to keep the workplace of Florida’s suppliers and contractors drug free. Section 287.087, Florida Statutes, provides that, where proposals which are equal with respect to price, quality, and service are received, preference shall be given to a bid received from a Bidder that certifies it has implemented a drug-free workforce program. If the Bidder has a drug-free workplace program, the Bidder shall sign and submit the “Certification of Drug Free Workplace Program” Form, attached hereto and made a part hereof as Attachment C.

3. Products Available from the Blind or Other Handicapped (RESPECT): The State supports and encourages the gainful employment of citizens with disabilities. Information about RESPECT and the products it offers is available at http://www.respectofflorida.org.

The Bidder shall describe how it will support the use of RESPECT in offering the services/items being procured under this solicitation. Bidders proposing the use of RESPECT as a subcontractor shall be required to provide written proof of a subcontractor agreement for this solicitation with RESPECT with their bid. The written documentation shall be a one-page letter supplied by the subcontractor on its letterhead stationery, clearly identifying the Commerce Solicitation Number, the project title, and the prime contractor with whom the firm intends to subcontract.

4. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE): The State supports and encourages the use of Florida Correctional work programs. Information about PRIDE and the products it offers is available at http://www.pride-enterprises.org.

The Bidder shall describe how it will support the use of PRIDE in offering the services/items being procured under this solicitation. Bidders proposing the use of PRIDE as a subcontractor shall be required to provide written proof of a subcontractor agreement for this solicitation with PRIDE with their bid. The written documentation shall be a one-page letter supplied by the subcontractor on its letterhead stationery, clearly identifying the Commerce Solicitation Number, the project title, and the prime Contractor with whom the firm intends to subcontract.

http://www.respectofflorida.org/ http://www.pride-enterprises.org/

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document

B.41 Award

1. Price. The lowest price shall be determined by comparing each Bidder’s Grand Total Response in Attachment B for the services/items requested in this solicitation. The Bidder submitting a responsive bid with the lowest bid shall be awarded the Contract, provided the following criteria are met:

a. Qualifications- if the Bidder fails to meet the qualification requirements as outlined, Commerce shall disqualify the Bidder from further consideration.

b. Client References/Past Performance. Commerce will attempt to contact a minimum of two client references and, if applicable, the Commerce Contract Manager for past performance to determine the Bidder’s ability to perform the requested services. The client references will be asked the questions shown in Attachment G. Any information obtained as a result of such contact may be used to determine whether or not the Bidder is a “responsible vendor”, as defined in section 287.012(25), F.S.

2. In determining vendor responsibility, Commerce may consider any information or evidence which comes to its attention and which reflects upon a vendor’s capability to fully perform the Contract requirements and/or the vendor’s demonstration of the level of integrity and reliability which Commerce determines to be required to assure performance of the Contract.

A copy will also be available upon written request to the Purchasing Office. Telephone requests will NOT be accepted. Written requests must be submitted via email only and must reference the solicitation title and number in the subject line.

B.42 Identical Tie Bids

If bids which are equal with respect to price, quality, and service are received, then the award shall be determined in the order of preference listed below (from highest priority to lowest priority):

(1) Bids that certify that a drug-free workplace has been implemented in accordance with Section 287.087, F.S.;

(2) In accordance with Section 287.057(11), F.S. which states that “if two equal responses to a solicitation or a request for quote are received and one response is from a certified minority business enterprise, the agency shall enter into a contract with the certified minority business enterprise”;

(3)…