25-ITB-006-KP (Fire Suppression Modification).pdf

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 1 of 42

FLORIDA DEPARTMENT OF COMMERCE

INVITATION TO BID

Solicitation Acknowledgement Form

Page 1 of 42 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:

X07/08/2025

SOLICITATION TITLE: SOLICITATION NO:

FIRE SUPPRESSION MODIFICATION 25-ITB-006-KP

BIDS WILL BE OPENED: August 7, 2025, at 3:00 P.M., Eastern Standard Time and may not be withdrawn within 180 days after such date and time.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:

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 2 of 42

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

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 3 of 42

SECTION B

SPECIAL INSTRUCTIONS FOR THE PREPARATION AND SUBMISSION OF BIDS

B.1 Solicitation Number 25-ITB-006-KP

Solicitation Title FIRE SUPPRESSION MODIFICATION

B.2 Solicitation Type Invitation to Bid (ITB)

B.3 Program Office General Services

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

(850) 245-7463 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 Fire Suppression System Companies to obtain competitive prices for the provision of all labor, supervision, associated hardware and materials, required permits, and equipment necessary to remove and replace portions of the existing fire suppression system located in the attic of Commerce’s Caldwell Building, in accordance with the Fire Suppression Drawing (Exhibit B) and Plans and Specifications (Exhibit C) (collectively referred to as the “Project Manual.”

B.6 Definitions

Term

Definition

American Institute of Architects (AIA) Document G702-1992, Application and Certificate for Payment

The Application and Certificate for Payment is received by the Contractor as part of the payment submittal process. This document will outline the original contract amount, any change orders to increase or decrease, and retainage for payment application(s).

American Institute of Architects (AIA) Document G703 Schedule of Values

The Schedule of Values used by Commerce which outlines a dollar value for parts, materials, and labor allocated to various portions of the work shall be used as the basis for reviewing the Contractor’s application for payment.

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).

mailto:FloridaCommerce.Purchasing@commerce.fl.gov

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 4 of 42

“Respondent” may be used interchangeably.

Chapter 255 Public Property and Publicly Owned Buildings 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.

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, An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 5 of 42 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

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.

Premises The entire Commerce property identified by the Project Manager, or designee, and any other

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 6 of 42 property that may be added to or deemed part of the Contract Agreement.

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 Manual (Exhibits B and C) Project specifications completed by FSM Engineering Inc., that the Successful Contractor shall use to determine their bid response, as well as how the project will be completed

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.

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 7 of 42

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.

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 8 of 42

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 July 8, 2025

2.

Mandatory- Pre-Bid Conference/Site Visit

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

July 15, 2025

10:00 AM

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

July 22, 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

July 29, 2025

5.

Bids Due

107 East Madison Street, Caldwell Building Tallahassee, Florida 32399

August 7, 2025

2:30 PM

6.

Bids Opened

107 East Madison Street, Caldwell Building Tallahassee, Florida 32399

August 7, 2025

3:00 PM

7. Anticipated Posting of Notice of Intent to Award August 19, 2025

B.9 Reserved

B.10 Mandatory Pre-Bid Conference and Site Visit

A Mandatory Pre-Bid Conference / Site Visit will be held as per the date, time and location specified in Section B.8, Calendar of Events. If Bidders arrive late for the public meeting, participation is not permissible. All Bidders intending to submit a bid to this ITB must attend this Mandatory Pre-Bid Conference/ Site Visit from beginning to end, or any bid submitted will be rejected as non-responsive.

The Mandatory Pre-Bid Conference / Site Visit will provide Bidders with an opportunity to ask questions to clarify any uncertainties. Questions asked and answers provided at the Mandatory Pre-Bid Conference / Site Visit are not binding; oral answers provided at the Mandatory Pre-Bid Conference /Site Visit 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.

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 9 of 42

Bidders should review and become familiar with the solicitation documents and other supporting materials as listed in this ITB prior to attending the Mandatory Pre-Bid Conference / Site Visit.

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.

FSM Engineering, Inc. (FSM), prepared plans and specifications, as set forth in Project No. 23026 and Job 2308 dated July 31, 2023 (Florida Department of Commerce (“Commerce”) formerly known as Florida Department of Economic Opportunity (“DEO”),. The Project Manual is available as a separate link to the VIP posting and Vendors will be responsible for obtaining their copy from this location to utilize during the Pre-Bid Conference as referenced in Section B.8. Bidders shall comply fully with all security procedures of the United States, State and Commerce in responding with this solicitation. Bidders shall not divulge to third parties any confidential and/or exempt information obtained by the Bidder or its agents, distributors, resellers, subcontractors, officers, or employees while responding to this solicitation, including, but not limited to, security procedures, business operations information, the Project Manual, or commercial proprietary information in the possession of the State or Bidder. To ensure confidentiality and/or exempt status, Vendors shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the solicitation and/or contract termination.

B.11 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, Kathryn Peterson 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 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.

mailto:FloridaCommerce.Purchasing@commerce.fl.gov

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 10 of 42

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

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

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

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

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

BIDDER UNOPENED.

B.13 Withdrawal of Bids

The Bidder may withdraw its submitted Bid at any time before bids are opened by 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.14 Bid Opening (This section supersedes Section A, PUR 1001, Instruction #12, Public Opening)

The Bid Opening will be held at the time and date specified in Section B.8, Calendar of Events.

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.15 Solicitation Requirements

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

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 11 of 42

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)

2. Attachment A – Reference Form

3. Attachment B – Price Page

4. Attachment C – Drug Free Workplace Certification

5. Attachment D – Disclosure Statement/Conflict of Interest

6. Attachment E – Certification Regarding Debarment, 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. Bid Bond/Good Faith Deposit (Section B.31)

13. Bidder must submit a copy of its current, valid license from the Florida Construction Industries

Licensing Board or other appropriate authority for the work specified herein.

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.16 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.17 Disclosure and Ownership of Bids by Commerce

A Bidder’s Bid shall be a public record and subject to production, disclosure, inspection and copying consistent with the requirements of Chapter 119, F.S. A Bidder’s Bid, upon submission, and any resulting Contract shall be the

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 12 of 42 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.18 Bidder’s Duties to Assert Exemption from Disclosure as a Public Record

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

Pursuant to section 215.985(14), F.S., the 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 or FACTS. An important aspect of this system is the posting of contract images on the Internet, including contract attachments, which may include all or part of your response to this solicitation.

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

Commerce will attempt to afford protection from disclosure of any trade secret as defined in section 812.081(1)(c), F.S., or section 688.002, F.S., where identified as such in the 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.19 Posting of Recommended Award (This section supersedes Section A, PUR 1001, Instruction #13, Electronic Posting of Notice of Intended Award).

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 13 of 42

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 Section 28-110.003, F.A.C., must be delivered by email to agency.clerk@commerce.fl.gov.

All formal written protests under Section 28-110.004, F.A.C., must be delivered in accordance with the emphasized instructions below, to the agency clerk at the following address:

AGENCY CLERK

FLORIDA DEPARTMENT OF COMMERCE

OFFICE OF THE GENERAL COUNSEL

107 EAST MADISON ST., MSC 110

TALLAHASSEE, FLORIDA 32399-4128

B.20 Number of Awards

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

B.21 Contract Period

The contract period is expected to begin upon execution and remain in effect for a period of 4 months. The selected Contractor shall be expected to be able to assume the responsibilities outlined herein within 30 days of contract execution. Pursuant to s. 287.0582, F.S., Commerce and the State’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.

The anticipated Contract period is from August 2025 – November 2025.

B.22 Reserved

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

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

mailto:agency.clerk@commerce.fl.gov

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 14 of 42

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.24 Bid Acceptance Period

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

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

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

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

B.26 Disclosure

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

B.27 Laws and Permits

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

Contractor(s) shall provide a copy of their Florida Construction Industries and/or Licensing Board Certification related to Fire Suppression Systems.

B.28 Insurance

1. Contractor’s Commercial General Liability Insurance:

By execution of this Contract, unless Contractor is a State agency or subdivision as defined by Subsection 768.28(2), F.S., Contractor shall provide 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

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 15 of 42 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 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.29 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 46191608 Fire Suppression System 46191602 Fire Sprinkler System 72101509 Fire protection system and equipment maintenance or repair service 72151102 Fire sprinkler system installation service 92121702 Fire alarm maintenance or monitoring 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

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 16 of 42

B.30 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.31 Qualification Requirements

B.31.1 Contract Levels

(1) Level One: Contracts not exceeding a value of $35,000;

(2) Level Two: Contracts having a value greater than $35,000 but not exceeding $65,000;

(3) Level Three: Contracts having a value greater than $65,000 but not exceeding $200,000;

(4) Level Four: Contracts having a value exceeding $200,000 but not exceeding $500,000;

(5) Level Five: Contracts having a value exceeding $500,000.

B.31.2 Rule 60D-5.004 F.A.C., Prequalification Requirements and Procedures

(1) There are two steps in qualifying to perform construction of State projects: (2)(a) Prequalification to submit a Bid and (2)(b) Prequalification for award of the contract.

(2)(a) Prequalification to submit a Bid. (Prequalification requirements apply to all bidders as well as potential bidders on Levels Four and Five contracts.)

1. Requirements: Each potential Bidder on Levels Four and Five contracts, whose field or area is governed by Chapters 399, 455, 489 or 633, F.S., for licensure will be prequalified by Commerce to participate in the Bid process for a specific field or area of construction based on the bidder’s area of license or certification. In order to be eligible to submit a Bid for work on project, during the current two year period (beginning on September 1 of each even numbered year and continuing for a period of twenty-four months), a potential bidder under the jurisdiction of Chapters 399, 455, 489, or 633, F.S., must provide to Commerce evidence of the following qualifications biennially after September 1 of each even numbered year, or during the bidding of a specific project. Prequalification with another agency will not automatically prequalify the contractor with other Commerce Contractors not governed by the requirements of Chapters 399, 455, 489 or 633, F.S., are not required to be prequalified under this section.

a. Current State Contractor license certification or registration as required under F.S.

b. Current Corporate Charter registration, if the potential Bidder is a domestic (State) corporation, or authority to transact business if the potential bidder is a foreign (non-Florida) corporation, as may be required by State law.

2. For projects that require a contractor with specific expertise and experience, Commerce may state additional prequalification requirements relating to demonstrated performance of similar work of similar size and complexity and the possession or availability of facilities or equipment needed for performance of the work in addition to prequalification requirements in accordance with conditions that will be established in the bidding documents.

3. In each instance where the Bid documents set forth certain additional prequalification requirements each potential bidder shall submit these prequalification data to Commerce as provided in the Bid documents. The conditions may include a deadline date for submittal of additional prequalification data, which date will be earlier than the deadline for submission of bids. Bids are to be accepted only from those potential Bidders who have prequalified in accordance with this section and the terms of the bidding documents.

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 17 of 42

4. Each potential Bidder will be notified by Commerce to which it applied for prequalification of its eligibility or ineligibility to submit bids during the balance of the qualification period for a specific field or area of construction.

A firm will be permitted to correct prequalification deficiencies if proof of correction is received 120 hours prior to the Bid opening date and time. Any Bidder or potential Bidder that is determined to be ineligible because of failure to provide evidence of the minimum requirements will not be qualified to submit a Bid and will be informed in writing of the deficiencies that must be corrected to be considered for future projects. Each potential Bidder notified of its eligibility may submit a Bid at the time and place designated in the bidding documents as long as the Bidder is qualified and eligible to perform the work required by the bidding documents.

(2)(b) Prequalification for award of the contract.

1. Requirements: any Bidder that has submitted a Bid on Levels Four and Five contracts must satisfy the following requirements as judged by Commerce in order to be eligible for award of the contract for construction.

2. Satisfactory compliance with Bid prequalification criteria, if applicable.

3. On projects where the Bid exceeds $100,000, the Bidder must provide with the Bid, a good faith deposit in the amount of 5% of the Bid by way of a Bid bond from a surety insurer authorized to do business in this State as surety or a certified check accompanying the Bid, such requirement may be satisfied by the bidder depositing in lieu of such certified check, a cashier’s check, treasurer’s check or bank draft of any national or state bank.

4. On projects where the Bid exceeds $100,000, unless such requirement has been waived in accordance with Rule 60D-5.0041, F.A.C., the bidder must provide with the Bid or within two business days of being notified as the low responsive, qualified bidder, evidence of ability to provide the necessary performance and payment bonds for the project by providing a letter of intent to provide a 100% Bid bond and a 100% labor and material payment bond from a surety company authorized to do business in the State by DFS, and meeting the financial and performance rating required by the bidding documents. For contract amounts not exceeding $500,000, the provisions of section 287.0935, F.S., shall govern.

5. The Bidder must provide at any time prior to Commerce’s execution of the construction contract, evidence of insurance in effect, equal to or exceeding the limits required by the bidding documents.

6. On Levels Four and Five projects, the Bidder must provide, if requested by Commerce, a list of projects and their status for a period of thirty-six months prior to solicitation and a copy of the contractor’s current financial statement.

7. Familiarity with local conditions – Unless waived by Commerce for good cause, on Levels Four and Five projects, the contractor must agree to establish or have an active office, or an ongoing project, which office or project is located within 300 road miles of the project site. Good cause shall be the bidder’s refusal to establish a project office with qualified management personnel at or within 300 miles of the project site or a finding by Commerce that a Bidder’s office within 300 miles of the project site is not in fact an active office staffed with qualified management staff.

8. Firm experience – On Level Five projects, the Contractor must have successfully completed no less than two projects of similar size and complexity within the last three years.

9. Supervisor – On Level Five projects, the Contractor must agree to provide field (on-site) supervision (through a named superintendent) for all trade subcontractors on the project. In addition, the contractor shall assign and name a supervisory employee to provide scheduling direction to the entire project. Supervisory employees (including field

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

Commerce Solicitation No.: 25-ITB-006-KP, Page 18 of 42 superintendents, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of a substantially equivalent level on a similar project for at least two years within the last five years. The contractor shall include a resume of experience for each of those proposed supervisory employees.

10. Any specific expertise and experience the contractor’s staff has to perform a project requiring unique or specialized capabilities.

11. The firm determined by Commerce to have submitted the low, responsive Bid must complete and submit the above required qualification data where applicable within seven (7) business days after being notified as the low responsive bidder. Commerce will evaluate all data submitted within seven days of receipt and determine whether the firm is a qualified bidder. Should the bidder be judged unqualified, its Bid will be rejected and the bidder submitting the next low responsive Bid will be given seven (7) business days to submit its qualification data.

B.32 Contractors and Subcontractors (ATTACHMENT I)

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