2425-014 Solicitation Draft 3-21-25 FINAL th.pdf

APD ITB 2425-014

TITLE PAGE

AGENCY FOR PERSONS WITH DISABILITIES

SOLICITATION #: APD ITB-2425-014

Invitation to Bid (ITB) for

Client Vans for Tacachale

Respondent Name: _______________________________________________________________ Respondent Mailing Address: ______________________________________________________ City, State, Zip: __________________________________________________________________ Phone: ________________________________ Fax Number: ____________________________ E-Mail Address: __________________________________________________________________ Federal Employer Identification Number (FEID): _______________________________________

BY AFFIXING MY SIGNATURE ON THIS TITLE PAGE, I HEREBY STATE THAT I HAVE READ THE ENTIRE

ITB TERMS, CONDITIONS, PROVISIONS, AND SPECIFICATIONS AND ALL ITS ATTACHMENTS,

INCLUDING THE REFERENCED PUR 1000 AND PUR 1001.

I hereby certify that my company, its employees, and its principals agree to abide to all of the terms, conditions, provisions and specifications during the competitive solicitation and any resulting Purchase Order including those contained in the Agency’s Purchase Order Terms and Conditions.

Signature of Authorized Representative: _______________________________________________________

Printed (Typed) Name and Title: ______________________________________________________________

*An authorized representative is an officer of the Respondent’s organization who has legal authority to bind the organization to the provisions of the response. Documentation establishing delegated authority must be included with the response if signed by someone other than the authorized representative.

TABLE OF CONTENTS

SECTION 1.0: Introduction

SECTION 2.0: Procurement Process

SECTION 3.0: Instructions for Bid Submittal

SECTION 4.0: Special Conditions

SECTION 5.0: Statement of Work

Attachment I – Price Form

Attachment II – Certification Regarding Scrutinized Companies Lists

Attachment III – Certification of Drug-Free Workplace Program

Attachment IV – Statement of Non-Collusion

Attachment V – Conflict of Interest Attestation

Attachment VI - Prior Experience Form

Attachment VII – Response Checklist

SECTION 1.0: Introduction

1.1 Overview

The Agency seeks to procure four (4) 2025 Honda Odyssey vans to meet the transportation needs of residents at Tacachale, a state-operated residential facility for Floridians with developmental disabilities. These residents rely on consistent, safe, and accessible transportation for a variety of essential services, including doctor’s appointments, medical treatments, and recreational activities. Given the nature of the residents' mobility challenges, the Honda Odyssey is an ideal choice due to its low step-in height, which allows for easier and safer entry and exit.

The vans will ensure that residents are able to access necessary healthcare services and participate in other important activities with greater independence and comfort. The addition of these vehicles will not only enhance the quality of life for the residents but also support the overall mission of Tacachale in providing comprehensive care and assistance to elderly individuals.

1.2 Background

Tacachale is a state-operated residential facility that provides essential care and services to individuals with developmental disabilities. Located in Gainesville, Florida, the facility offers a range of programs to support the residents' health, well-being, and overall quality of life. The facility houses individuals with varying degrees of mobility and health challenges, many of whom rely on transportation services to attend medical appointments, participate in social and recreational activities, and engage in community programs.

While there are comparable vehicles available through the state term contract (STC), they do not meet the unique needs of Tacachale’s residents. Comparable vans, while available, have proven to be less durable than the Honda Odyssey. Previous models used at the center have not held up to the rigorous demands of daily use. Additionally, other transit vans, although functional, are too high for easy access by residents, many of whom have mobility challenges, making them impractical for the facility’s needs. Furthermore, the hybrid vehicles available on the STC are not feasible options as the facility is not equipped to charge hybrid vehicles at this time. For these reasons, the procurement of the 2025 Honda Odyssey vans is necessary to ensure reliable, accessible, and safe transportation that meets the specific needs of Tacachale’s residents.

1.3 Timeline

The Agency established the following timeline for this solicitation. Each Respondent must adhere to this timeline and any timeline revision(s). All timeline revisions will be posted as an addendum on the Vendor Information Portal (VIP) to the solicitation advertisement in accordance with Section 2.3 Addenda of this ITB. All times below are Eastern Time (E.T.).

*Please note: The dates listed as “anticipated dates” are subject to change without notice, as these are estimated and may be adjusted as necessary.

[Remainder of Page Left Blank Intentionally]

Event Due Date Location (if applicable)

ITB Advertised March 21, 2025

Posted to the Vendor Information Portal at:

Vendor Information Portal https://vendor.myfloridamarketplace.com/

Technical Questions Due March 28, 2025, by 5:00 p.m. E.T.

Submit via email to:

Purchasing@apdcares.org Subject: APD ITB-2425-014

Agency Answers to Questions

(Anticipated Date) April 4, 2025

Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.com/

Sealed Bids Due April 18, 2025 by 10:00 a.m.

Submit to: Agency for Persons with

Disabilities Attn: Tamara Harrington

APD ITB-2425-014 Client Vans April 18, 2025, by 10:00 a.m.

4030 Esplanade Way, Suite 280 Tallahassee, Florida 32399

Sealed Bids Opened April 18, 2025 at 10:30 a.m. E.T.

Posting of Agency

Decision (Anticipated Date)

April 22, 2025 Posted to the Vendor Information Portal https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ mailto:Tamara.Harrington@apdcares.org

1.4 Definitions

The terms used in this solicitation, unless the context clearly requires a different construction and interpretation, have the following meanings.

A. Agency: The State of Florida, Agency for Persons with Disabilities, referred to in this document as “the Agency”.

B. Bid: A complete set of documents and materials submitted by a Respondent in response to this

ITB, outlining the proposed services and/or commodities to be provided. This includes all required forms, supporting documentation, and any other relevant attachments.

C. Contract: The formal agreement or Purchase Order resulting from this solicitation between the awarded Respondent (otherwise known as Contractor) and the Agency.

D. Contractor: The organization or individual selected through this solicitation process to provide commodities and/or services to the Agency, in accordance with the terms and conditions of the resulting contract.

E. Material Deviations: The Agency has specific requirements with respect to solicitations submitted by Respondents. The use of shall, must or will (except to indicate simple futurity) in a solicitation denotes a requirement or condition that may not be waived by the Agency if there is a material deviation. A deviation is considered material if, in the Agency’s sole discretion, it does not substantially align with the solicitation requirements, provides an advantage to one Respondent over others, significantly impacts the quantity, quality, or cost, or otherwise harms the Agency’s interest. Material deviations cannot be waived.

F. Minor Irregularity: A deviation from the solicitation terms and conditions that does not affect the price of the response or give the Respondent an advantage or benefit over other Respondents and does not adversely impact the interests of the Agency.

G. Respondent: A legally qualified corporation, partnership, sole proprietor, or other entity submitting a response to this solicitation.

H. Response: A submission made by a Respondent to an Invitation to (ITB), Request for Proposal (RFP), or Invitation to Negotiate (ITN), used as a substitute for the terms “bid”, “proposal”, or “reply”, respectively.

I. VIP: Florida Vendor Information Portal – The website where all available information regarding this formal procurement is located (MyFloridaMarket Place Vendor Information Portal).

SECTION 2.0: Procurement Process

2.1 Procurement Officer

The Procurement Officer assigned to this solicitation is:

Agency for Persons with Disabilities Attention: Tamara Harrington

4030 Esplanade Way, Suite 280 Tallahassee, FL 32399 Telephone: (850) 414-8879 Email: Purchasing@apdcares.org

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

NUMBER IN THE SUBJECT LINE OF THE EMAIL***

2.2 Questions

Questions relating to this solicitation must be received in writing via email and directed to the Procurement Officer identified in Section 2.1 Procurement Officer, by the deadline in Section

1.3 Timeline. Oral inquiries, or those submitted after the deadline, will not be acknowledged.

Answers to written questions will be posted on the Vendor Information Portal (VIP) as addenda.

2.3 Addenda

Once the Agency advertises this solicitation on the VIP, any changes, additions, modifications, or revisions to its contents, exhibits, attachments, or other materials, will be advertised as addenda on the VIP. No other methodology will be considered binding on behalf of the Agency.

To locate addenda posted on the VIP at MyFloridaMarket Place Vendor Information Portal, click on “Search Advertisements” under the “Florida Solicitation Advertisements” section, then populate the “Organization” field with the “Agency for Persons with Disabilities”. Initiate the search by clicking “Search”). Then click on the bid number to review posted documents.

It is the responsibility of all potential Respondents to monitor this site for any changing information prior to submitting a response.

2.4 Restrictions on Communications

Between the release of the solicitation, and the end of the 72-hour period following the advertisement of the Notice of Agency Decision (the 72-hour period excludes Saturdays, Sundays, and State holidays,) Respondents to this solicitation, and persons acting on their behalf, may not contact any employee, or officer, of the executive, or legislative branches of government, concerning any aspect of this solicitation, except in writing to the Procurement Officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(25), F.S.

mailto:Purchasing@apdcares.org http://www.myflorida.com/apps/vbs

2.5 Term

It is anticipated that the contract resulting from this solicitation will be for one (1) year period from May 2025 or the contract execution date whichever is later. The contract resulting from this ITB is contingent upon availability of funds.

2.6 Basis of Award

A single award will be made to the responsive, responsible Respondent offering the lowest grand total price, for the commodities and/or services requested in this ITB, including delivery. The Agency reserves the right not to make an award under this ITB, if determined to be in the best interest of the State.

If an award cannot be made to the Respondent with the lowest bid, the Agency may continue the award process by awarding to the responsive and responsible Respondent offering the next lowest bid.

2.7 Identical Responses

If the Agency receives identical pricing or scoring from multiple Respondents, the Agency shall determine the order of award using the following criteria:

A) If two (2) equal responses are received, and one (1) response is from a certified minority business enterprise, the Agency will award a contract to the certified minority business enterprise in accordance with Section 287.057(12) F.S. When applicable, the Respondent should address small, minority-, women-, and service-disabled veteran business enterprise participation in the transmittal letter. If applicable, a copy of the Certified Minority Business certificate from the Department of Management Services, should be enclosed. Certification must be current at the time of the solicitation opening.

B) Per Section 295.187(4), F.S., “A state agency, when considering two or more bids, proposals, or replies for the procurement of commodities or contractual services, at least one of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality, and service, the Agency shall award a Contract to the certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality, and service, shall award such procurement or contract to the certified veteran business enterprise. If applicable, small, minority-, women-, and service-disabled veteran business enterprise participation should be indicated in the transmittal letter. If applicable, a copy of your Certified Minority Business certificate from the Department of Management Services, must be enclosed. Certification must be current at the time of the solicitation opening.

C) Per Section 287.087, F.S., “Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process”. A Respondent may certify it has implemented a drug-free workplace program by completing Attachment III Certification of Drug-Free Workplace.

D) Per Section 287.082, F.S., “Whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within this state, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within this state shall be given preference”.

E) Per Section 287.092, F.S., “Any foreign manufacturing company with a factory in the state and employing over 200 employees working in the state shall have preference over any other foreign company when price, quality, and service are the same, regardless of where the product is manufactured”.

2.8 Clarification Process

The Agency may request clarification from the Respondent to resolve ambiguities or to question minor irregularities presented in a response. Clarifications may be requested throughout this procurement process. The Respondent’s answers to requested clarifications must be in writing and address only the information requested. The Respondent’s answers to requested clarifications must be submitted to the Agency within the time specified.

2.9 Modifications and Withdrawal

A Respondent may modify or withdraw its response at any time prior to the submittal deadline, as specified in Section 1.3 Timeline, by submitting a request to the Procurement Officer. Requests for modification or withdrawal of a response must be in writing and signed by an authorized signatory of the Respondent. Upon receipt and acceptance of such a request, the response will not be considered unless resubmitted by the due date and time indicated in Section 1.3 Timeline.

2.10 Public Opening of Responses

Each response should be dated and time-stamped by the Agency as received. Any response received after the specified deadline for acceptance, may be rejected and returned unopened to the Respondent. Responses will be opened at the designated date and time at the Agency’s Bureau of Administration and Facility Services, 4030 Esplanade Way, Suite 280 Tallahassee, Florida 32399.

2.10 Visitor’s Pass to the Agency

Each visitor to the Agency is required to check in at the security desk in the main lobby. Please allow at least 15 minutes prior to response due time if hand-delivering your response to be checked in and escorted to the solicitation opening location.

SECTION 3.0: Instructions for Bid Submittal

3.1 General Contract Conditions (PUR1000) and General Instructions to Respondents (PUR 1001)

The State’s General Contract Conditions (Form PUR 1000) and General Instructions to Respondents (Form PUR 1001) may be viewed at the link below and are hereby incorporated by reference in their entirety as part of this ITB.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/ state_purchasing_pur_forms.

The terms and conditions set forth within this ITB supersede any conflicting terms and conditions set forth within Forms PUR 1000 or PUR 1001.

3.2 Instructions for Submittal

To expedite the Agency’s review of responses, Respondents must adhere to the following instructions:

3.2.1 Respondents must complete, sign, and return the “Title Page” (page 1 of this solicitation) with their response.

3.2.2 Respondents must complete and return Attachment I Price Form with their response.

3.2.3 Respondents must submit all technical and pricing data in the formats specified in this solicitation.

3.2.4 Respondents must submit one original paper copy of their response and one original electronic copy on a single USB storage device, in a searchable pdf format. The electronic copy submitted must contain the entire response including all supporting and signed documents and should not be password protected. Refer to Section 3.3 Public Records and Trade Secrets for information on redacting confidential information, if applicable.

3.2.5 Responses must be sent by U.S. mail, courier, or hand-delivered to the location delivered to the location indicated in Section 1.3 Timeline. Electronic responses will not be accepted

3.2.6 Responses must be submitted in a sealed envelope or sealed package directed to the Procurement Officer identified in Section 2.1 Procurement Officer with the solicitation number, date, and time of the solicitation opening clearly marked on the outside. (Refer to Section 1.3 Timeline for an example. See “Sealed Bids Due”.)

3.2.7 The Agency is not responsible for improperly marked responses.

3.2.8 Each response must be simple and economically prepared, providing a straightforward, clear description of the Respondent’s capability to satisfy the requirements of this solicitation. Elaborate bindings, displays, and promotional materials are discouraged.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

3.2.9 It is the Respondent’s duty to ensure its response is submitted at the proper place, on the correct date and time indicated in Section 1.3 Timeline. Responses received after the deadline provided in the timeline will not be accepted.

3.2.10 The Agency’s timestamp will serve as the official date and time for response receipt.

3.3 Public Records and Trade Secrets

If the Respondent considers any portion of its response to be confidential, trade secret, or otherwise exempt from disclosure under Chapter 119, F.S., the Florida Constitution, or another legal authority, the Respondent must provide the Agency a redacted copy of its response in both hard copy and electronic formats along with a brief written description of its grounds for claiming exemption from public record, including the specific statutory citation for such exemption. This redacted copy shall be titled “Redacted Copy.” The redacted copy must be provided to the Agency at the same time the Respondent submits its response and must only exclude or redact those exact portions of the response claimed confidential, proprietary, or trade secret.

The Respondent shall be responsible for defending its assertion that the redacted portions of its response are confidential, trade secret, or otherwise exempt from disclosure. Further, the Respondent shall protect, defend, and indemnify the Agency for any claims arising from, or relating to, the Respondent’s determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise exempt from disclosure.

If the Respondent fails to submit a redacted copy with its bid, the Respondent explicitly authorizes the Agency to produce its entire bid in response to a public records request. In no event shall the Agency, or any of its employees, or agents, be liable for disclosing, or otherwise failing to protect, the confidentiality of information submitted in response to this solicitation.

3.4 Prior Experience

Respondents must provide contact information for three entities the Respondent has provided services of a similar size and nature of those requested in this solicitation. Respondents must use Attachment VI Prior Experience Form of this solicitation to provide the required information. The Agency reserves the right to contact any and all entities in the course of this solicitation in order to verify experience.

3.5 Subcontractors

The Agency does not authorize the use of subcontractors in the contract resulting from this solicitation.

3.6 Special Accommodations

Persons requiring special accommodations to respond to this solicitation because of a disability should contact the Agency’s Purchasing Office, at least five (5) business days prior to any pre-solicitation conference, solicitation opening, or public meeting. If hearing or speech impaired, please contact the Agency’s Purchasing Office by using the Florida Relay Service at (800) 955-

8771 (TTY/ASCII).

3.7 Proposed Equivalent

Respondent may submit an equivalent specification that meets or exceeds the vehicle specifications referenced in Section 5.0 Statement of Work. All responses proposing an “equivalent” must be clearly marked and include detailed specifications so the Agency can make an accurate comparison. The Agency or its designee, at their sole discretion, will determine if the submitted specifications meet or exceed the requirements specified in this solicitation.

3.8 Price Form

Respondents shall complete and submit Attachment I Price Form, as indicated and return it with their response to this solicitation. Respondents should ensure they are using the most current version of the Price Form before submitting their response by checking the VIP for any addenda as outlined in Section 2.3. If the Agency approved any equivalent items during the question/answer phase of this solicitation, then the Agency will reflect the approved equivalents as items on Attachment I Price Form. Respondents should submit the most favorable pricing they can offer the Agency.

Pricing must be inclusive of all packaging, handling, shipping and delivery charges, environmental and fuel service fees, and any other relevant and related charges. The Agency is exempt from paying federal excise taxes and sales tax on direct purchases of commodities or services.

All calculations will be reviewed and verified. The Agency may correct mathematical errors;

however, in the event of any miscalculation, unit prices will prevail.

If the Price Form is not included in a response it will be deemed non-responsive.

3.9 Responsive and Responsible (Mandatory Requirements)

Respondents must complete and submit the following mandatory information or documentation as part of their response by the time specified in Section 1.3 Timeline. Any response that does not contain the information below will be deemed non-responsive.

3.9.1 Title Page must be completed, signed, and submitted with the response.

3.9.2 Attachment I Price Form,

3.9.3 Attachment II Certification Regarding Scrutinized Companies Lists,

3.9.4 Attachment III Certification of Drug-Free Workplace,

3.9.5 Attachment IV Statement of Non-Collusion,

3.9.6 Attachment V Conflict of Interest Attestation

3.9.7 Responses must document the Respondent’s ability to meet the requirements specified in Section 5.0, Scope of Work.

3.10 Order of Precedence

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

A) ITB addenda, B) This ITB document, including any attachments or exhibits;

C) General Contract Conditions (PUR 1000), D) General Instructions to Respondents (PUR 1001).

3.11 Respondent Qualifications

The Agency will determine whether the Respondent is qualified to perform the services being contracted based upon their response demonstrating satisfactory experience and capability in the work area. The Respondent should identify necessary experienced personnel and/or facilities to support the activities associated with this solicitation.

SECTION 4.0: Special Conditions

4.1 Scrutinized Company Certification

The Respondent must certify it is not listed on the Scrutinized Companies that Boycott Israel List, created under Section 215.4725, F.S., and they are not currently engaged in a boycott of Israel. If the Contract exceeds $1,000,000.00 in total, not including renewal years, the Respondent must certify that they are not listed on either 1) the Scrutinized Companies with Activities in Sudan List, or 2) the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created under Sections 215.473, F.S., and they are not engaged in business operations in Cuba or Syria, as stated in Section 287.135(2)(b)2, F.S. Pursuant to Sections 287.135(5), F.S., and 287.135(3), F.S., the Respondent agrees the Agency may immediately terminate the Contract for cause if the Respondent submitted a false certification or if the Respondent is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or has engaged in business operations in Cuba or Syria during the term of the Contract.

Any Respondent submitting a response must certify that they are not participating in a boycott of Israel.

Respondents shall accomplish this certification by completing and returning Attachment II Certification Regarding Scrutinized Companies Lists.

4.2 Statement of Non-Collusion

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

The Agency considers participation through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or any other advisory capacity to constitute participation in drafting of the solicitation. Refer to Attachment IV Statement of Non-Collusion.

4.3 Certificate of Authority

All limited liability companies, corporations, corporations not for profit, and partnerships seeking to do business with the State must be registered with the Florida Department of State in accordance with the provisions of Chapters 605, 607, 617, and 620, Florida Statutes, respectively, prior to contract execution. The Agency retains the right to ask for verification of compliance before contract execution. Failure of the Respondent to have appropriate registration may result in withdrawal of the contract award and forfeiture of its Bid Bond, if applicable.

For authorization, contact: Florida Department of State Tallahassee, Florida 32399 (850) 245-

4.4 MyFloridaMarketPlace (MFMP) Registration

All vendors doing business with the State as defined in Section 287.012, F.S., must register in the MFMP Vendor Information Portal (VIP) system unless exempted under Rule 60A-1.030, Florida Administrative Code (F.A.C.). State agencies shall not agree to purchase commodities or contractual services with any vendor not registered in MFMP unless exempted by rule. A vendor not currently registered in MFMP shall do so prior to contract execution. Vendors may complete their MFMP registrations at: http://vendor.myfloridamarketplace.com. Vendors needing assistance regarding their MFMP registration may contact the MFMP Customer Service Desk at (866) 352- 3776 or vendorhelp@myfloridamarketplace.com.

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to Section 287.057(24), F.S.

All payments issued to registered vendors for purchases of commodities or contractual services under Chapter 287, F.S., shall be assessed the Transaction Fee of one percent (1.0%) of the total amount of the payments received from the State or eligible users, as prescribed by Rule 60A- 1.031, Florida Administrative Code (F.A.C.), or as may otherwise be established by law. Vendors shall pay the transaction fee and are subject to automatic deduction of the transaction fee, when automatic deduction becomes available. Vendors shall submit any monthly reports required pursuant to Rule 60A-1.031, F.A.C. All such reports and payments are subject to audit. The Agency will have grounds for declaring the vendor in default if the vendor fails to comply with the payment of the Transaction Fee or reporting of payments, which may subject the vendor to being suspended from business with the State of Florida.

4.5 Vendor Diversity

The State of Florida is committed to supporting its diverse business industry and population by ensuring participation by minority-owned, women-owned, and service-disabled veteran-owned business enterprises in the State's economic life. The Agency works in conjunction with the Florida Department of Management Services, Office of Supplier Development to provide training on how to access its procurement opportunities.

4.6 Indemnification

Respondents must save and hold harmless and indemnify the Agency against any and all liability, claims, judgments, or costs of whatsoever kind or nature for injury to, or death of any person or persons and for loss or damage to any property resulting from the use, service operation, or performance of work under the terms of the contract, resulting in whole or in part from the negligent acts or omissions by Respondent, their subcontractor, or any of the employees, agents, or representatives of Respondent or subcontractor.

4.7 Conflict of Law and Controlling Provisions

Any contract resulting from this solicitation, and any conflict of law issue, will be governed by the laws of Florida. Venue must be in Leon County, Florida, to the exclusion of all other jurisdictions.

Respondents acknowledge that this solicitation (including but not limited to the resulting contract, http://vendor.myfloridamarketplace.com/ mailto:vendorhelp@myfloridamarketplace.com exhibits, attachments, or amendments) is not a rule nor subject to rulemaking under Chapter 120 (or its successor) of the Florida Statutes and is not subject to challenge as a rule or non-rule policy under any provision of Chapter 120, Florida Statutes.

4.8 Agency Inspector General

It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to section 20.055, Florida Statutes.

4.9 Retention of Records and Documentation

To the extent that information is utilized in the performance of the contract or generated as a result of it, and to the extent that information meets the definition of "public record," as defined in Section 119.011(12), F.S., that information is recognized as a public record. Absent a provision of law, rule, or regulation requiring otherwise, public records shall be made available for inspection and copying by any person upon request as provided in Chapter 119, F.S. By submitting a response, the Contractor agrees to the following:

A) The Contractor shall keep and maintain public records required by the Agency to perform the service; Upon request of the Agency, the Contractor shall provide a copy of the records requested or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or otherwise provided by law.

Upon request of the Agency, the Contractor shall provide all records stored electronically to the Agency in a format compatible with the Agency's information technology systems;

B) The Contractor shall ensure that public records exempt or confidential and restricted from public records disclosure requirements are not disclosed, except as authorized by law for the duration of the contract term, and longer if the Contractor does not transfer the records to the Agency at the end of the contract; and

C) At the end of the contract, the Contractor shall transfer all public records in its possession to the Agency at no cost or shall keep and maintain public records as required by the Agency. If the Contractor transfers all public records to the Agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are confidential or otherwise exempt from public records disclosure requirements. If the Contractor keeps and maintains public records at the end of the contract, the Contractor shall continue to meet all applicable requirements for retaining and disclosing public records.

The Contractor shall retain all documents related to the goods or services provided under this solicitation for five (5) years after the contract ends unless State or federal law requires a longer retention period. Under section 287.058(1)(c), F.S., the Agency may unilaterally cancel the contract if the Contractor refuses to enable public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the contract unless the records are exempt from s.24(a) Art. I, of the State Constitution and Sections 119.07(1) and 119.071, F.S.

The Contractor agrees to hold the Agency harmless from any claim for damages, including reasonable attorneys' fees and costs, and from any fine or penalty imposed due to failure to comply with the public records law or improper disclosure of confidential information.

Further, the Contractor promises to defend the Agency against the same at the Contractor’s expense.

4.10 Attorney’s Fees

In the event of a dispute prior to or post award, each party responding to this solicitation is responsible for its own attorneys’ fees, except as otherwise provided by law.

4.11 Protest Procedures

Any person who is adversely affected by the agency decision or intended decision shall file with the agency a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall be filed within 10 days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. The formal written protest shall state with particularity the facts and law upon which the protest is based. Saturdays, Sundays, and state holidays shall be excluded

Section 120.57(3)(a) provides:

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."

Florida Administrative Code Rule 28-110.002(2) defines the term “decision or intended decision,” and includes the solicitation terms (and any addenda), the award of the contract, and a rejection of all responses.

At the time of filing the Formal Written Protest the protestor must also file a Protest Bond payable to the Agency in an amount equal to 1 percent of the estimated contract amount. Florida Statutes, Section 287.042(2)(c) and Florida Administrative Code Rule 28-110.005 contain further terms relating to the Protest Bond, including how to determine the estimated contract amount. In lieu of a Protest Bond, the Agency will accept cashier’s checks, official bank checks or money orders.

The bond shall be conditioned upon the payment of all costs and charges that are adjudged against the protestor in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding.

4.12 Conflict of Interest

Per Section 287.057(19)(c), F.S., “a person who receives a contract that has not been procured pursuant to subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0120/Sec57.HTM to receive such contract. However, this prohibition does not prevent a vendor who responds to a request for information from being eligible to contract with an agency.”

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

Refer to Attachment V Conflict of Interest Attestation.

The Contractor shall not provide any form of compensation, directly or indirectly, to any officer, agent, or employee of the Agency for any act or service performed for or on behalf of the Contractor 's officers, agents, or employees.

4.13 Intellectual Property -This section is not applicable to this solicitation.

4.14 Insurance

The Contractor agrees to provide adequate, comprehensive insurance coverage and hold such insurance during the existence of the contract. The Contractor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Contractor and the Agency under the contract. At minimum, such insurance shall include workers' compensation (if the Contractor employs workers) and employer’s liability coverage, per Florida statutory limits; commercial general liability coverage; and automobile liability insurance covering all vehicles used in the course of contract performance.

The Contractor may be required to furnish the Agency with written verification of such insurance coverage upon request. A self-insurance program established and operating under the laws of the State may be provided as coverage. The Agency reserves the right to require additional insurance where appropriate.

If the Contractor is a State agency or subdivision as defined in Section 768.28, F.S., the Contractor shall furnish the Agency, upon request, written verification of liability protection under section 768.28, F.S. Nothing herein shall be construed to extend any Contractor's liability beyond that provided in section 768.28, F.S.

4.15 E-Verify

The Contractor agrees to utilize the U.S. Agency of Homeland Security's E-Verify system, https://e-verify.gov/employers, to verify the employment eligibility of all new employees hired during the contract term. The Contractor shall also include a requirement in subcontracts that the subcontractor shall utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Contractors meeting the terms and conditions of the E-Verify System are deemed compliant with this provision.

4.16 Contractual Obligations

The Agency’s PO Terms and Conditions are incorporated in this ITB and will govern the relationship between the Contractor and the Agency. Responses submitted by the awarded Respondent shall be incorporated into the final purchase order(s) or contract(s).

https://e-verify.gov/employers

4.17 Non-Responsive and Non-Responsible Responses

Responses that fail to provide material information may be rejected as non-responsive. A Respondent whose responses, 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 may be rejected as non-responsible. The Agency reserves the right to waive any minor irregularities or technicalities in any response received, to reject any or all responses in whole or in part, with or without cause, to solicit new responses or to accept the response which, in its judgment, will be in the best interest of the Agency. The Agency reserves the right to use any information presented in any response to this ITB.

4.18 Poor Performance Notice - This section is not applicable to this solicitation.

4.19 Copyrighted Material

Copyrighted material will be accepted as part of a response only if accompanied by a waiver that will allow the Agency to make paper and electronic copies necessary for use by Agency staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public. All development and use of copyright material in fulfilling the terms of the solicitation shall be governed by the terms of the contract between the Contractor and the Agency.

4.20 Licensed to Conduct Services in the State of Florida

If the service(s) provided requires that individuals be licensed by the Florida Department of Business and Professional Regulation or any other state or federal agency, such licenses should be obtained by the solicitation due date and time, but in any case, must be obtained prior to contract execution. For State licensing, contact: Florida Department of Business and Professional Regulation Tallahassee, Florida 32399-0797 (850)487-9501

SECTION 5.0: Statement of Work

Below are the vehicle specifications and features For the 2025 Honda Odyssey Touring or equivalent.

2025 HONDA ODYSSEY

SPECIFICATIONS & FEATURES

Touring

POWER UNIT

ENGINE

Engine Type V6

Displacement (cc) 3,471

Horsepower (SAE net @ rpm)1 280 @ 6,000

Torque (lb.-ft. @ rpm)2 262 @ 4,700

Redline (rpm) 6,900

Valvetrain 24-Valve SOHC i-VTEC ®

Bore and Stroke (mm) 89 / 93

Compression Ratio 11.5 : 1

Fuel Injection Direct

CARB Emissions Rating3 LEV3-ULEV70

Tune-up Interval 100k +/- Miles No Scheduled Tune-Ups

DRIVETRAIN

Gear Ratios:

1st 5.246

2nd 3.271

3rd 2.185

4th 1.597

5th 1.304

6th 1.000

7th 0.782

8th 0.653

9th 0.581

10th 0.517

Reverse 3.974

Final Drive 3.610

Max Towing Capacity (lbs)4 3,500

FUEL

EPA MPG Ratings (City/Highway/Combined)5 19 / 28 / 22

Fuel Tank Capacity (U.S. gal) 19.5

Recommended Fuel Regular Unleaded

CHASSIS

Stabilizer Bar (mm) (front/rear) 20.0 x 3.5 (tubular)

26.5 (solid)

Steering Wheel Turns, Lock-to-Lock 2.97

Steering Ratio 14.35:1

Turning Diameter, Curb-to-Curb (ft.) 39.64

Power-Assisted Ventilated Front Disc / Solid Rear Disc Brakes (in.)

12.6 / 13.0

Wheels 19in Silver Alloy

Tires (All Season) 235 / 60R18

Compact Spare Tire T135 / 80D17 103M

DIMENSIONS

EXTERIOR

Length (in.) 205.2

Width (in.) 78.5

Height (in.) 69.6

Wheelbase (in.) 118.1

Track (in.) (front/rear) 67.3 / 67.2

Headroom (in) (first row / second row / third row) 38.7 / 39.2 / 38.3

Legroom (in.) (first row / second row / third row) 40.9 / 40.9 / 38.1

Shoulder Room (in.) (first row / second row / third row) 63.1 / 61.6 / 60.0

Hiproom (in.) (first row / second row / third row) 58.6 / 64.8 / 48.4

EPA Passenger Volume (cu ft.) 160.1

Cargo Volume (cu ft.) - Behind Third Row, Standard6 / Max6

32.8 / 38.6

Cargo Volume (cu ft.) - Behind Second Row, Standard6 / Max6

86.6 / 91.0

Cargo Volume (cu ft.) - Behind First Row, Standard6 / Max6

140.7 / 155.7

WEIGHT

Curb Weight (lbs.) 4,559

5.1 Conditions

Contractor shall provide a Manufacturer’s printout (ex.Ford “DORA”, “GM AutoBook”, or approved equivalent) to verify the vehicle response meets all the requirements of these specifications. Also, any dealer installed aftermarket components, if specified, must be noted on the Manufacturer’s printout.

The Manufacturer’s Certificate of Origin (MCO) must be provided with this vehicle upon the date of delivery pursuant to section 319.21,Florida Statutes.

The Respondent must furnish equipment operation manuals and the original manufacturers window sticker upon delivery at no additional cost to the Agency.

5.2 Warranty

The Respondent must furnish at a minimum a Standard Factory Warranty that covers 3 years bumper to bumper or 36,000 miles and the powertrain for 5 years or 60,000 miles.

The manufacturer’s warranty shall cover all commodities and contractual services offered under the contract. The manufacturer’s warranty is required to provide coverage against defective material, workmanship, and failure to perform. The manufacturer’s warranty coverage shall be identical to or exceed those normally provided for the commodities and contractual services specified herein that are sold to any federal, state, or local governments. The manufacturer’s warranty shall be in effect for a minimum term of one year from the Agency’s acceptance.

Should the manufacturer’s warranty conflict with any requirements, terms, or conditions of the contract, the contract requirements, terms, and conditions shall prevail.

All warranty repairs and adjustments are covered throughout the contract term at no additional cost to Agency. The manufacturer shall be responsible for warranty and recall services performed, regardless of whether the Contractor actually performed the service. Nothing in this section requires or allows the Contractor to require the Agency to return the motor vehicle to the Contractor for warranty repairs and adjustments. The Agency shall be able to return the motor vehicle to any location authorized by the manufacturer to perform warranty repairs and adjustments at no additional cost to the Agency.

This contract does not include “extended warranty” service agreements. However, the Contractor may offer the Agency “extended warranty” service agreements for the maintenance and repair of commodities after the initial warranty expires, but not as a term of this contract.

In the event there is a recall of any of the motor vehicle or options, the Contractor shall provide reasonable assistance to the Agency in developing a recall strategy and shall cooperate with the Agency in monitoring the recall operation and in preparing such reports as may be required. The Contractor shall ensure that defective motor vehicle and options are rectified, replaced, and destroyed in compliance with all applicable laws, rules or regulations and the Agency’s reasonable instructions. All Contractor efforts related to recalls shall be at Contractor’s own expense.

5.3 Delivery

The Contractor shall ship items to the Agency as Free on Board (FOB) Destination and ensure items arrive within 30 Days of purchase order (PO) issuance or by May 30, 2025, whichever is sooner, unless a different time is agreed to by the Agency as documented on a PO. Deliveries must be made between 8:00 a.m. and 5:00 p.m., local time, Monday through Friday, excluding State holidays or other official closures, unless otherwise stated on a PO.

The Contractor must provide the Agency’s Contract Manager any requested information and a timeframe for completion of the order. Motor vehicles and options in stock must be delivered within 14 calendar days after receipt of the order unless an option requires a post manufacturer or dealer installation. These options shall be delivered within 30 calendar days after receipt of the order.

Delivery of motor vehicles and options is defined as the receipt by the Agency and delivered to the Agency’s designated location, or if the Agency chooses, at the Contractor’s place of business.

The Contractor shall provide the Agency a minimum of 24 hours’ written notice prior to delivery.

The Contractor must make every effort to minimize the number of odometer miles at delivery. At the Agency’s option, vehicles with more than 250 odometer miles at delivery may be rejected, or $0.50 per mile in excess of 250 odometer miles may be deducted from the invoice and payment owed to Contractor. The Contractor must comply with the manufacturer’s break-in requirements and all applicable traffic and safety laws. All motor vehicles delivered by the Contractor to the Agency shall contain no less than ¼ tank of fuel as indicated by the fuel gauge at the time of delivery and receipt by the Agency. The Contractor will perform a Manufacturer’s Pre-Delivery Inspection (PDI) and is responsible for delivering motor vehicles and options that are properly serviced, clean, and in first class operating condition.

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ATTACHMENTS

ATTACHMENT I: Price Form

A single award will be made to the responsive, responsible Respondent offering the lowest grand total for the commodities requested in this ITB, including delivery. The grand total shall include all charges for packing, handling, freight, distribution, and delivery.

In the event of any…