25-ITB-004-VW Server Room UPS ITB.pdf

Commerce Solicitation No: 25-ITB-004-VW, Page 1 of 39

FLORIDA DEPARTMENT OF COMMERCE

INVITATION TO BID

Solicitation Acknowledgement Form

Page 1 of 39 pages SUBMIT BID TO:

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

AGENCY RELEASE DATE:

05/05/2025

SOLICITATION TITLE: SOLICITATION NO:

Caldwell Building Server Room UPS Replacement 25-ITB-004-VW

BIDS WILL BE OPENED: 05/27/25 at 3:00 P.M., Eastern Standard Time and may not be withdrawn within 180 days after such date and time.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 Respondent offers and agrees that if the bid is accepted, the Respondent 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:

FEIN NO.: *This individual must have the authority to bind the Respondent.

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:

Commerce Solicitation No: 25-ITB-004-VW, Page 2 of 39

SECTION A

PUR 1001 – GENERAL INSTRUCTIONS TO RESPONDENTS

This section explains the General Instructions to Respondents (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

Commerce Solicitation No: 25-ITB-004-VW, Page 3 of 39

SECTION B

SPECIAL INSTRUCTIONS FOR THE PREPARATION AND SUBMISSION OF BIDS

B.1 Solicitation Number/Title 25-ITB-004-VW Server Room UPS Replacement

B.2 Solicitation Type Invitation to Bid (ITB)

B.3 Program Office General Services, Facilities Management

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

(850) 245-7464 FloridaCommerce.Purchasing@commerce.fl.gov

B.5 Introduction to the Procurement

The Florida Department of Commerce (Commerce) is requesting sealed bids from qualified, certified, and licensed electrical contractor to purchase and installone (1) new Uninterruptible Power Supply (UPS)with dual redundant module and a total of two battery cabinets in the server room, and remove the two (2) existing UPS, in accordance with Exhibit A, Engineer Drawings, and Exhibit B, Project Specifications, at the Caldwell building located at 107 East Madison Street, Tallahassee, FL 32399. This will be completed by following the Scope of Work (Section C) as specified by the electrical engineer.

B.6 Definitions

Term

Definition

Bid The bid extended to Commerce in response to an Invitation to Bid (ITB).

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 (ITB).

“Respondent” may be used interchangeably.

Commerce Florida Department of Commerce.

“Department” is used interchangeably.

Commerce Business Hours Typically, 8:00 AM - 5:00 PM, Monday through Friday, during which time Commerce conducts routine business.

Commerce Non-Business Hours Typically, Commerce-Observed holidays, weekends, and nighttime frames, 5:01 PM – 7:59 AM, in which Commerce is closed to conducting routine business.

mailto:FloridaCommerce.Purchasing@commerce.fl.gov

Commerce Solicitation No: 25-ITB-004-VW, Page 4 of 39

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

d. Independence Day

e. Labor Day

f. Veteran’s Day

g. Thanksgiving Day

h. Friday, following

Thanksgiving Day

i. Christmas Day

Confidential Information Information which is protected from disclosure as a public record by law including information which is named as “confidential” or “confidential and exempt” from disclosure as a public record under the Florida Statutes.

Contract A formal written two-party 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, executed by both the Contractor and Commerce.

Contract Manager The person designated by Commerce who is charged with monitoring a Contract through the term of the contract 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.

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

Commerce Solicitation No: 25-ITB-004-VW, Page 5 of 39

Contractor Personnel Persons directly employed by the Contractor or its subcontractors.

Corrective Action Plan (CAP) A Bidder’s written comprehensive plan to remedy deficiencies discovered during any resulting Contract monitoring and/or discovered at any time during the term of any resulting Contract.

Eastern Standard Time (EST) Eastern Time Zone

Fixed Price A specified price of goods and services per the terms and conditions of the established contract

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 bidder selection and the well-defined Scope of Work.

Invoice Contractor’s itemized document stating prices and quantities of goods and/or services delivered, and submitted to Commerce’s Contract Manager for verification and payment.

Mandatory Responsiveness Requirements Terms, conditions, or requirements that must be met by the Bidder to be responsive to this solicitation. Failure to meet these responsiveness requirements will cause rejection of a Bid.

Minor Irregularity A variation from the ITB terms and conditions which does not have a significant effect on the price of the Bid, or the quality of services sought;

does not give the Bidder a substantial competitive advantage or benefit not enjoyed by the other Bidders and does not adversely impact the interests of Commerce.

Project Manager Commerce’s staff member(s), manager(s), Contractor(s) or consultant(s) with overall responsibility and authority to oversee the contractual services being performed or provided by the Contractor for Commerce as described in the Contract.

Project Specifications Exhibit A and B, Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections for H2E Project #24-187.

Commerce Solicitation No: 25-ITB-004-VW, Page 6 of 39

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

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

Responsive Bidder A bidder that has submitted a Proposal that conforms in all material respects to the solicitation.

State of Florida “State” will be used interchangeably

Subcontractor A person or entity under contract with the Contractor that, upon Commerce’s approval, provide a service specifically defined and required by the Contractor.

Successful Contractor A legally qualified corporation, partnership, or other entity, that will be performing as the Vendor under any Contract resulting from this ITB.

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

Vendor Information Portal (VIP) The system which allows all state agencies to advertise formal solicitations on MyFloridaMarketPlace.com. It also permits registered vendors to receive automatic email notification of solicitation advertisements and addendums to solicitations.

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 of Florida (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.

Commerce Solicitation No: 25-ITB-004-VW, Page 7 of 39

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.

Calendar of Events Date and Time (EST)

1.

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

https://vendor.myfloridamarketplace.com/search/bids 05/05/2025

2.

Mandatory- Pre Bid Conference/Site Visit

Location: Caldwell building 107 E Madison Street, Tallahassee, FL 32399

05/09/2025

10:00 AM

3.

Technical Questions due from prospective Vendors (Only email inquiries will be accepted.)

05/14/2025

4:30 PM

4.

Anticipated Posting of Questions and Answers to the Florida Vendor Information Portal (VIP) website (via addendum) at:

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

05/19/2025

5.

Bids Due

107 East Madison Street, Caldwell Building Tallahassee, Florida 32399

05/27/2025

2:30 PM

6.

Bids Opened

107 East Madison Street, Caldwell Building Tallahassee, Florida 32399

05/27/2025

3:00 PM

7. Anticipated Posting of Notice of Intent to Award

06/03/2025

B.9 Mandatory Pre-Bid Conference / 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.

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

Commerce Solicitation No: 25-ITB-004-VW, Page 8 of 39

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

(ATTACHMENT J)

Any questions from Bidders concerning this ITB shall be submitted via email to Commerce’s Procurement Officer, Vickie Woodward 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 Florida Department of Management Services (DMS) Florida Vendor Information Portal (VIP) as an addendum.

It is the prospective Bidder’s responsibility to periodically check 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 VIP. Bidder questions should be submitted in the format included in Attachment J – Technical Questions Submittal Form.

Addenda or clarifications to this ITB will be posted on the VIP. It is the Bidder’s responsibility to monitor the VIP for any solicitation updates.

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 Commerce and shall not be relied upon by any Bidder.

B.11 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.

All bids must include submittals per the attached Scope of Work, ie. Specs and Drawings per H2 Engineering.

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.

mailto:FloridaCommerce.Purchasing@commerce.fl.gov

Commerce Solicitation No: 25-ITB-004-VW, Page 9 of 39

B.12 Withdrawal of Bids

The Bidder may withdraw its submitted Bid at any time before bids are opened by the Procurement Officer 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 Bidder submits a signed, written request for its withdrawal to the Bidder.

B.13 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.

The name of all Bidders submitting bids shall be made available to interested parties upon written request to the Procurement Officer, as identified 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.14 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. Bids may be rejected as non-responsive 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.

MANDATORY REQUIREMENTS FOR EVALUATION

1. It is MANDATORY that the Bidder submit its Bid within the time frame specified in Section B.8, Calendar of Events.

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

3. It is MANDATORY that the Bidder returns, in accordance with the requirements of Section B.35:

- one (1) original, signed and sealed Bid,

- two (2) paper copies of the signed Bid and attachments listed below.

- one (1) electronic copy of the signed Bid (on USB drive).

The required attachments for the Bid include those referenced below:

1. Commerce Solicitation Acknowledgement Form (cover page of the ITB Document)

2. Attachment A – Reference Form

Commerce Solicitation No: 25-ITB-004-VW, Page 10 of 39

3. Attachment B – Price Page and equipment and materials submittal document shall be provided with bid

4. Attachment C – Drug Free Workplace Certification

5. Attachment D – Disclosure Statement/Conflict of Interest

6. Attachment E – Certification Regarding Debarment, Suspension, Ineligibility and Voluntary

Exclusion Contracts/Subcontracts

7. Attachment F – Certification Regarding Lobbying / Certification for Contracts, Grants, Loans and

Cooperative Agreement

8. Attachment G – Evaluation of Past Performance

9. Attachment I – List of Subcontractors

10. Attachment K – Principle Place of Business and Foreign State Preference Form

11. Attachment L – Foreign Country of Concern Attestation

12. Exhibit B – Florida Department of Commerce Project Specifications, 114.10, Submittals

4. 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.

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

B.15 Cost of Preparing Respondent’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.16 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, F.S. 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, F.S., and Commerce , in its sole discretion, shall have the right to use, reproduce, and disseminate the Bid and contract.

B.17 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 Florida 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(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.

Commerce Solicitation No: 25-ITB-004-VW, Page 11 of 39

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 bid, 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 the Department.

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 Commerce with a separate Redacted Copy of its Bid, in hard copy and on a 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 Commerce 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 the 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 Bidders in answer to a public records request.

B.18 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 for a period of 72 hours, excluding weekends and State observed holidays; and on the VIP.

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

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), F.S., 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, F.S.

3. If the Bidder desires to protest 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, Florida Administrative Code (F.A.C.). All notices of protest under

Commerce Solicitation No: 25-ITB-004-VW, Page 12 of 39

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.19 Number of Awards

Commerce anticipates the issuance of one (1) contract for services resulting from this ITB. Commerce, in its sole discretion, shall determine whether multiple contracts will be issued.

B.20 Contract Period

The contract period is expected to begin upon execution and remain in effect for a period of 90 days. Pursuant to

s. 287.0582, F.S., Commerce and the State’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.

B.21 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 to the State, 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 the Purchasing Office referred to in Section B.4.

B.22 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 30 days after the announcement of an award and may proceed to award the contract to the second ranked Respondent.

B.23 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.

mailto:agency.clerk@commerce.fl.gov

Commerce Solicitation No: 25-ITB-004-VW, Page 13 of 39

B.24 Disclosure

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

B.25 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.26 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 adequate commercial general liability insurance coverage and hold such liability insurance at all times during this Contract. A self-insurance program established and operating under the laws of the State 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 Contractor selected under this ITB shall maintain, during the life of the Contract, comprehensive general liability coverage with limits of not less than $100,000 per occurrence and $500,000 general aggregate for bodily injury and property damage.

The selected Contractor’s current certificate of insurance shall contain a provision that the insurance will not be canceled or modified for any reason except after 30 days written notice to the 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

Commerce Solicitation No: 25-ITB-004-VW, Page 14 of 39 additional insured and identify Commerce’s Contract Number. Copies of new insurance certificates must be provided to the Commerce’s Contract Manager with each insurance renewal.

B.27 Vendor Registration

Prior to entering into a contract with Commerce, the selected Contractor must be registered with DMS MyFloridaMarketPlace (MFMP) VIP 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/re quirements_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:

Code Description

25173900 Electrical components

39121300 Electrical boxes and enclosures and fittings and accessories

72151500 Electrical system services

72121100 Commercial and office building construction services

72151507 Electronic controls installation service

39121500 Electronic controls and accessories

72101500 Building maintenance and repair services

B.28 Florida Department of State Registration Requirements

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

B.29 Contractors and Subcontractors ATTACHMENT 1

The resulting Contract allows the Contractor to subcontract for any of the services provided in the resulting Contract. The Contractor will be 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 the 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.

B.30 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) business 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.31 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, 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

Commerce Solicitation No: 25-ITB-004-VW, Page 15 of 39 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 the Department 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.32 Submittal Requirements

One (1) signed original, two (2) copies, and one (1) electronic copy (on 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, two (2) copies, and one (1) electronic copy (on USB drive) 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 Respondent considers any portion of its Bid to be confidential, the Respondent shall submit a USB drive containing one copy of the signed original bid with the confidential information redacted. This USB drive shall be titled “Redacted Copy.” Each individual portion of the Redacted Copy that Respondent asserts is confidential must contain a citation to the specific law making the content of the redacted portion confidential.

Please refer to Attachment H, Checklist to ensure all submittal requirements are met and contained in the sealed Bid package.

B.33 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.34 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.

If a Bidder fails to submit a signed Commerce Solicitation Acknowledgment Form with their Bid, Commerce reserves the right to contact the Bidder 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 Bidder 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.

Commerce Solicitation No: 25-ITB-004-VW, Page 16 of 39

B.35 Price Page (ATTACHMENT B)

Each Bidder shall use the form provided as Attachment B, Price Page, 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, MFMP 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, Price Page, and provide a total 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.36 Reference(s) Form (ATTACHMENT A)

In the spaces provided on Attachment A, Reference Form, the Bidder must list three (3) 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. A Commerce representative 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 Commerce Business Hours.

Any information obtained as a result of such contact may be used to determine whether or not the Bidder is a “responsible bidder” 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 (3) separate client references in the spaces provided on Attachment A, Reference Form.

B.37 BIDDER’S STATE OBJECTIVE PLAN (Exhibit A)

The Bidder shall submit a written plan, as Exhibit A, 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

Commerce Solicitation No: 25-ITB-004-VW, Page 17 of 39 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, F.A.C., 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 the State suppliers and contractors drug free. Section 287.087, F.S., provides that, where Bids 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 Attachment C, Certification of Drug Free Workplace Program Form.

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’s 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’s Solicitation Number, the project title, and the prime Contractor with whom the firm intends to subcontract.

B.38 Award

1. Price. The lowest price shall be determined by comparing each Bidder’s Total Project Cost 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 http://www.respectofflorida.org/ http://www.pride-enterprises.org/

Commerce Solicitation No: 25-ITB-004-VW, Page 18 of 39 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 Bidder 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 Bidder’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.39 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) If (1) and (2) above fail to resolve the identical evaluations, then the award shall be made in accordance with what the Department deems to be in the best interest of the State, considering factors such as prior performance on state contracts or other governmental contracts; and

(4) If the application of (1), (2), and (3) fails to resolve the identical evaluations, then the award shall be made by a means of random selection (e.g., a coin toss or drawing of numbers).

B.40 Terms and Conditions (This section supersedes Section A, PUR 1001, Instruction #4, Terms and Condition).

All Bids are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed:

1. Scope of Work (Section C),

2. Commerce’s Vendor Core Contract (Section D),

3. Special Instructions for the Preparation and Submission of Bids (Section B),

4. General Conditions (PUR 1000),

5. General Instructions to Respondents (PUR 1001), and

6. Bidder’s Bid.

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

Failure to comply with terms and conditions found in this solicitation, including those specifying information that must be submitted with a Bid, shall be grounds for rejecting a Bid.

Commerce Solicitation No: 25-ITB-004-VW, Page 19 of 39

B.41 Trade Names

Any manufacturer’s names, trade names, brand names or catalog numbers used in specifications contained in this bid are for the purposes of describing and establishing general quality levels. Such references are not intended to be restrictive. Bids will be considered for any brand that meets or exceeds the quality level of item(s) response.

B.42 Visitor Pass to the Caldwell Building

Each visitor to the Caldwell Building is required to sign in and obtain a visitor’s badge at the security desk on the first floor of the Madison and Monroe Street entrance. This visitor’s badge must be displayed at all times while inside the building. Please allow enough time to obtain a badge if hand delivering your Bid to the Purchasing Office. The official date and time of receipt is the date and time the bid is stamped as received by the Purchasing Office.