GENERALTERMS AND CONDITIONS

The Broward Sheriff will be accepting formal BID responses thru Bonfire (only electronic submittals will be accepted) in accordance with General Terms and Conditions and other provisions of this BID. Mailed, Faxed or Email responses will not be accepted.

1. Submission and Receipt of BIDS:

1.1 BIDS/Submittals must be submitted electronically at https://browardsheriff.bonfirehub.com/ on or before the specified time and date on the BID document.

1.2 Bonfire will not allow BIDDERS to respond after the closing of the BID as specified. Late BIDS will not be accepted. It shall be the responsibility of the BIDDER to insure that the BID is received on time.

1.3 The BIDDER must provide their pricing through the designated lines items listed on the Bonfire website and complete and/or upload all the required documents included in the BID.

1.4 Signature Required: The BID must show the company name and must be electronically signed in Bonfire by a company officer or employee who has the authority to bind the company or firm by their signature. Unsigned BIDS will be rejected. This BID implies no obligation on the part of BSO.

1.5 Signed BID Considered an Offer: The acknowledgement or electronic signature of a BID will be considered an offer on the part of the BIDDER, which offer shall be considered accepted upon approval by appropriate authorities of BSO. BSO will issue a purchase order or a letter of authorization to the successful BIDDER, as authorization of award subject to requirements of detailed specifications and those conditions contained herein.

1.6 Multiple Submissions: Only one response to the BID from any one firm will be considered. In the event of multiple submissions, the firm will be asked to identify which submission should be analyzed. Failure to respond may result in all BIDS being considered non-responsive. In no event will the Broward Sheriff’s Office consider multiple submissions from the same firm.

1.7 Statement of "No BID ": If your firm chooses not to submit a BID, respond "No" in the "Intent to Bid" section in Bonfire and provide a brief reason why.

1.8 Drug Free Workplace Certification and W-9 by Contractor: All BIDDERS must complete the attached "Drug Free Workplace Certification” and “W-9 form,” and submit it with their BID. Failure to do so may result in rejection of your BID.

1.9 Anti-Collusion Statement: By submitting this BID, the BIDDER affirms that this BID is without previous understanding, agreement, or connection with any person, business or corporation submitting a BID for the same services, materials, supplies, or equipment, and that this BID is in all respect fair, and without collusion or fraud.

1.10 Confidential & Proprietary: BSO is subject to Chapter 119, Florida Statutes, the “Public Records Law.” No claim of confidentiality or proprietary information in all or any portion of a response to the BID will be honored unless a specific exemption from the Public Records Law exists and the specific statutory exemption cited in your Submittal. An incorrectly claimed exemption does not disqualify the BIDDER, only the exemption claimed.

BIDDERS should be aware that submitting confidential material may impact the ability to award. Please note that the financial statement exemption provided for in Section 119.071(1) c, Florida Statutes only applies to submittals in response to a solicitation for a "public works" project.

Any documents considered by BIDDER to be confidential or proprietary under Florida Statute must be marked accordingly and submitted separately. BSO will not be responsible for delineating documents considered by BIDDER to be confidential or proprietary. BIDDER agrees to indemnify and hold harmless BSO (including any litigation costs, expenses and BSO’s expended reasonable attorneys’ fees and costs) should: (a) BSO recognizes and redacts the materials identified as confidential or proprietary by the BIDDER and BSO refuses to release the same pursuant to a Florida Public Records Request based upon BIDDER’S proprietary/exemption claims; and (b) litigation is filed against BSO for disclosure of the same under Florida Public Records laws by any third party. The above indemnification provisions shall survive the expiration or termination of the solicitation process or after the expiration of any term in a resulting Agreement. Notwithstanding the forgoing, BSO reserves the right to decline to recognize and redact the materials identified as confidential or proprietary by the BIDDER should a public records request the same.

Any claim of confidentiality on materials that BIDDER asserts to be exempt and placed elsewhere in the Submittal will be considered waived by the BIDDER upon submission.

1.11 Cone of Silence: This project is under a “Cone of Silence” starting with the issue date of this BID through the award date. Any violation of this provision may result in the associated BIDDER being removed from consideration at BSO’s sole discretion. A complete definition of the Cone of Silence is found on the website at: http://www.sheriff.org (Use search box in Upper Right of Screen and type in Lobbyist) - click on Lobbyist Policy.

1.12 Disclosure and Disclaimer: Any recipient of this BID who responds hereto, fully acknowledges all the provisions of this Disclosure and Disclaimer and agrees to be bound by the terms hereof.

1.12.1 All costs incurred by the BIDDER in preparing and responding to this BID shall be the sole responsibility of the BIDDER. The Broward Sheriff’s Office assumes no responsibility or liability for costs incurred in the preparation or submission of any BID. All expenses in preparing any re-submittals shall be the sole responsibility of the BIDDER.

1.12.2 Samples: BSO reserves the right to request a sample of the product being offered prior to acceptance and award of this BID. If requested, sample(s) must be delivered at no charge to BSO within five (5) business days of such request (or as otherwise instructed by BSO). Samples will be provided at BIDDER’S expense.

1.12.3 The Broward Sheriff’s Office or its representatives do not warrant or represent that any award or recommendation will be made as a result of the issuance of this BID.

1.12.4 BSO, at its sole discretion will determine the responsiveness of a Submittal. Any non-responsive Submittal will be eliminated from further consideration. BSO reserves the right to accept or reject any or all Submittals, declare a BID submittal non-responsive and/or non-responsible, and/or waive irregularities and technicalities. BSO further reserves the right to take any other action that may be necessary or in the best interest of BSO; in Submittals received; to request additional information, to exercise its discretion and to apply its judgment in all matters pertaining to the BID. BSO further reserves the right to reject any or all Submittals, with or without cause, to waive technical errors and informalities or to accept or reject any and all Submittals, in whole or in part, which in its judgment, best serves BSO. BSO further reserves the right to cancel this BID and re-solicit if determined to be in its’ best interest. BSO’s decision(s) in dispute resolution(s) will be final.

1.12.5 Addenda to BID: The Broward Sheriff’s Office (BSO) reserves the right to amend this BID prior to the bid opening due date. Only written addenda or clarifications issued by BSO will be binding.

1.12.6 The BIDDER, its employees and agents shall not disclose information gained from work performed under the contract, except for that required by law or by a Court, without the written authorization of the Broward Sheriff’s Office. This includes release of information to the public or to any person or organization that would not have such information in the regular course of business. All documents and communications sent to, or received by BSO or Bonfire related to this submission are subject to Florida’s public records laws.

1.13 Documentation and Completion of BID Forms:

1.13.1 All technical data & manufacturer’s specifications should be included as attachments to the BID response. Each BIDDER should submit documents that provide evidence of capability to provide the services and/or products required for this project. It is the BIDDER’S responsibility to provide adequate information in the BID, to enable BSO to ensure that the BID meets the required criteria. If adequate information is not submitted with the BID, including but not limited to, if the specifications for any proffered equivalent does not address (in whole or in part) the required specifications, it may be rejected. BSO is under no obligation to research, measure, etc. to determine product/service equivalency. BSO will be the sole judge in determining if the item bid response meets the qualifications; and its decisions are final. BSO reserves the right to request any information/information not provided by BIDDER in its BID response within a time frame requested by BSO in its notice. Failure of the BIDDER to provide the requested information and/or documentation within the requested time frame may result in the BIDDER being deemed nonresponsive in BSO’s discretion.

1.13.2 The minimum specification requirements MUST be met to be considered.

1.13.3 Submittals will clearly state any warranties and guarantees against defective materials and workmanship.

1.13.4 All manufactured goods shall maintain the standard manufacturers’ warranties.

1.13.5 BIDDER is to fill in all of the blank spaces on the BID form(s) (if applicable) and if not applicable it must be identified as ‘N/A”. BIDDER must indicate by electronic signature the acknowledgement page that BIDDER has read and understands the provisions contained in this BID. Failure to comply with these instructions may result in rejection of your BID. BIDDERS are cautioned to examine all terms, conditions, specifications, addenda, delivery instructions and other conditions pertaining to this solicitation. Failure of the BIDDER to examine all pertinent documents shall not entitle BIDDER to any relief from the conditions imposed in the BID.

1.13.6 Any documentation/information requested anywhere in this solicitation should be included in the Bid and labeled as requested, as requested in the Submittal Form Questionnaire , or as indicated in the Bid Questions, if applicable. Documentation which is not included with the Bid must be received within five (5) business days of request by BSO unless otherwise extended in writing by BSO at its discretion.

2. Withdrawal of BID: BIDDER certifies that prices, terms, and conditions in the BID will be irrevocable for a period of ninety (90) days from the due date and time of the BID unless otherwise required in the BID. BIDS may not be withdrawn before the expiration of said ninety (90) days. BIDS may be withdrawn after ninety (90) days only upon written notification to the BSO Purchasing Bureau. If there is an error in extensions, unit prices will prevail.

3. Specifications and Requirements: The specifications, requirements, and services to be provided are stated in this BID.

4. Acknowledgment/Request For Information and/or Clarification(s):

4.1 BIDDERS requiring additional information regarding any of the BID terms, conditions or administrative requirements should access the "Public Q&A" section of the Bonfire portal by clicking the "Ask a Question" button. No change(s) or interpretations(s) shall be considered binding unless provided in writing in the form of an Addendum in the "Public Notices" section or in the “Public Q&A” section.

4.2 If the BIDDER is in doubt as to the meaning of any of the Submittal Documents, is of the opinion that the Conditions and Specifications contain errors or contradictions or reflect omissions, or has any question concerning the conditions and specifications, the BIDDER shall submit a question for interpretation or clarification. BSO requires all questions relating to the solicitation be entered through the “Public Q&A” tab that can be accessed by clicking the "Ask a Question" button on the Bonfire portal. Responses to the questions will be provided online at https://browardsheriff.bonfirehub.com/. Questions cannot be submitted after the Question Deadline. Interpretations or clarifications in response to such questions will be issued via Bonfire. No change(s) or interpretations(s) shall be considered binding unless provided in writing in the form of an Addendum in the "Public Notices" section or as a response in the "Public Q&A" section.

4.3 At its sole discretion, BSO may answer such inquiries by means of the “Public Q&A” tab or an addendum in the “Public Notices” section. In the event that an inquiry is made in which the explanation or clarification requires a substantial change to the specifications, a formal Addendum will be issued in the "Public Notices" section on the Bonfire portal. If any addendum is issued it shall be the responsibility of each BIDDER, prior to submitting their response, to visit https://browardsheriff.bonfirehub.com/ to determine if addenda were issued and to make such addenda a part of their Submittal.

4.4 Addenda Acknowledgement: The BIDDER shall be required to acknowledge receipt of any formal addenda by electronic acceptance thru Bonfire’s “Requested Information”. Failure to accept a formal addendum in its Submittal shall deem it non-responsive; provided, however, that BSO may waive this requirement in its best interest.

5. Mandatory/Non-Mandatory Pre-Proposal meeting and Site Visit Requirements: See the "Important Events" section in Bonfire and the "Description" section in Bonfire for Mandatory/Non-Mandatory Pre-Proposal meeting and Site Visit requirements.

6. Award:

6.1 Award Process:

6.1.1 The Broward Sheriff’s Office will compare the written specifications/attachments included with the BID Submittal to the requested specifications in the BID to determine if product/services meet the minimum specifications to be considered responsive.

6.1.2 If the minimum requirements are met (including but not limited to delivery time, completion time, etc., as applicable), an award will be made to the lowest responsive and responsible BIDDER and will be subject to the test period, if any, contained in this BID.

6.2 Basis of Award: Once opened, the BIDS will be tabulated, evaluated, and presented to the appropriate BSO officials for award. BID results will NOT be available at the BID opening, but will be available within thirty (30) business days after opening or upon intended decision, whichever is earlier, as described in s. 119.07(7) and s.23(a), Art. I of the Florida State Constitution.

6.3 Reservation of Rights by BSO and CBE/SBE: Except as provided below with regard to Local County Business Enterprise (CBE) and Small Business Enterprise (SBE) BIDDERS, award will be made to the lowest responsive, responsible BIDDER, and as in the best interest of the Broward Sheriff's Office, with the understanding that any resulting contract against this BID will be non-exclusive and that the Sheriff reserves the right to procure the product and/or services described herein from other providers. BSO reserves the right to make multiple awards, item by item if it is in its best interest. BSO, at its sole discretion, reserves the right to accept or reject any or all BIDS for any reason whatsoever. BSO further reserves the right to revoke an award for any irregularities and or errors in the bids process including the evaluation of bids, to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of BSO to award the BID to the lowest BIDDER, or any BIDDERS. BSO shall be the sole judge of the BIDS and BSO's decision shall be final. BSO reserves the right to withdraw this ITB without any award and/or piggyback off of another existing federal, state or local government contract (e.g. State of Florida, Florida Sheriff’s Association, GSA, etc.); and governmental Cooperative Groups contract which have been competitively bid (e.g. U.S. Communities, etc.).

During the term of this contract and any renewal periods, BSO reserves the right to terminate the contract and award the contract to the next lowest responsive responsible BIDDER. BSO makes no guarantee of the actual volume of services that will be required and reserves complete discretion concerning the frequency of use of the providers. The amount of services required cannot be guaranteed.

Award may be made to the lowest responsive and responsible Local CBE and SBE vendor provided that the BID does not exceed the overall lowest responsive and responsible BIDDER by the following percentages for the bid amounts listed:

5% - Bids up to $100,000 3% - Bids of $100,000 to $250,000 1% - Bids greater than $250,000

The bid amount is based on the award over the initial term. The Sheriff reserves the right to modify the percentages and bid amounts.

A BIDDER is considered as a CBE SBE BIDDER when certified by Broward County as same.

This section shall not apply to federal, state and local grants where these provisions are not allowed.

6.4. Identical Tie BIDS: Unless awarded per Section 6.3 above, if all BIDS received are for the same total or unit price, quality and service being equal, the contract or purchase will be awarded to the vendor who provides a Drug Free Workplace Certification. If none or all of the vendors provide a Drug Free Workplace Certification, the Purchasing Manager will determine which BID will be selected based upon the best interests of BSO.

7. Delivery and Acceptance:

7.1 All deliveries shall be clearly identified as to the contents with name of the successful BIDDER clearly marked on the package. Inspections shall be made at the point of the delivery unless otherwise specified.

7.2 Delivery locations for this solicitation are listed on scope of services.

7.3 Additional Delivery Location: Additional locations within Broward County may be added as the need arises.

7.4 Delivery Hours: Delivery hours shall be made between 8:30AM and 4:00PM Monday through Friday except for holidays and at any other times by special arrangement.

7.5 Inspection: Inspection shall be made at point of delivery unless otherwise specified.

7.6 Failure to Make Delivery: When the BIDDER fails at any time to meet the delivery requirements set forth herein, for whatever reason, then the Director of Purchasing may allow additional time or may obtain the supplies elsewhere or, in the best interest of the Broward Sheriff's Office, cancel the contract immediately upon written notice.

7.7 Rejected Merchandise: The Purchasing Director may withhold acceptance of or reject any goods which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, goods shall be removed within five (5) business days by the BIDDER at BIDDER’S expense.

7.8 Successful BIDDER should provide notice of any and all shortages at the time the order is placed.

8. Open-End Contract:

8.1 No guarantee is express or implied as to the total quantity of units to be purchased under any open-end contract. Estimated quantities will be used for bid comparison purposes only. BSO reserves the right to issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies and release partial quantities or, any combination of the preceding.

8.2 Ordering: BSO reserves the right to purchase units specified herein through contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required, within a shorter period than the delivery time specified in the Contract and if the AWARDED BIDDER is unable to comply therewith, BSO reserves the right to claim such delivery from others without penalty or prejudice to BSO or to the AWARDED BIDDER.

9. Pricing:

9.1 Pricing shall include surcharges for fuel, freight costs, be F.O.B. destination, be in US dollars and firm for a period of not less than ninety (90) days after BID due date. After award, prices shall be firm for one (1) year for additional purchases needed. BSO reserves the right to cancel the Contract.

9.2 Pricing Mistakes: BIDDERS are cautioned to examine all specifications, requirements and terms and conditions pertaining to this BID. Failure of the BIDDER to examine all requirements shall not entitle the BIDDER to any relief from the terms and conditions listed herein.

9.3 In the event services are scheduled to end because of the expiration of this Contract, the AWARDED BIDDER shall continue the service upon the request of the Purchasing Manager or Purchasing Director. The extension period shall not extend for more than one hundred and twenty (120) days beyond the expiration date of the existing Contract. The AWARDED BIDDER shall be compensated for the service at the rate in effect when this extension clause is invoked by the Broward Sheriff's Office.

9.4 Price Increases: Prices shall be firm for the initial year of the Contract; thereafter all requests for adjustments must be made to coincide with the anniversary/renewal date of the Contract. Adjustments to the price are based on the latest Consumer Price Index: US Bureau of Labor Statistics: All Urban Consumers: US City Average, that occurred between the newest CPI Index publication compared with previous year at the same time. Adjustments may be up or down, but increases in excess of 3% per item shall not be considered without substantial documentation to support the request, including but not limited to the manufacturer’s price certification. All price increases are subject to approval by the Broward County Sheriff or representative and are made in the best interest of the Broward Sheriff's Office. In the event that a requested increase is determined to be unacceptable, BSO reserves the right to cancel the agreement/contract.

10. Governing Procedures: This BID is governed by the applicable sections of the BSO Purchasing Standard Operating Procedures (SOP) and the laws of the State of Florida. Solicitation/Award Protest Procedure: BSO’s Protest Procedure is located on our website: http://www.sheriff.org, (Use search box in Upper Right of Screen and type in Protest - click on Protest Procedure).

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