APD ITB 2223-010 Security Surveillance Camera Installation Final.pdf

APD ITB 2223 010

INVITATION TO BID

APD ITB #2223-010

Security Surveillance Camera Installation

Commodity Codes: 46151600, 46171600, 72151700,92121700,92121701, 92121704

SECTION 1 – DEFINITIONS

The following terms used in this Invitation to Bid (ITB) have the following meanings unless the context otherwise clearly requires a different construction and interpretation:

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

B. Breach of Contract: The condition of the relationship between the Agency and the Contractor which exists when the Contractor fails to perform under the terms and conditions of the Contract which may result from this ITB.

C. Contract: The agreement which results from this ITB between the winning Bidder and the Agency.

D. Contractor: The organization or individual providing services to the Agency in accordance with the terms of the Contract which results from this ITB.

E. Desirable Conditions: The use of the words “should” or “may” in this ITB indicate desirable attributes or conditions but are permissive in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a bid.

F. Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the bidder to be responsive to this ITB. These responsiveness requirements are mandatory. Failure to meet these responsiveness requirements will cause rejection of a bid. Any bid rejected for failure to meet mandatory responsiveness requirements will not be further reviewed.

G. Material Deviations: The Agency has established certain requirements with respect to bids to be submitted by bidders. The use of shall, must or will (except to indicate simple futurity) in this ITB indicates a requirement or condition from which a material deviation may not be waived by the Agency. A deviation is material if, in the Agency’s sole discretion, the deficient response is not in substantial accord with this ITB’s requirements, provides an advantage to one bidder over other bidders, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Agency or otherwise adversely impact the Agency’s interest. Material deviations cannot be waived.

H. Minor Irregularity: A variation from the ITB terms and conditions which does not affect the price of the bid or give the bidder an advantage or benefit not enjoyed by the other bidders or does not adversely impact the interests of the Agency.

I. P-Card: Refers to the State of Florida’s purchasing card program, using the Visa platform.

J. Purchase Order/Direct Order: The contract document issued by the Agency to the Vendor to procure goods and services.

K. Vendor, Offeror and Bidder: A legally qualified corporation, partnership, sole proprietor, or other entity submitting a bid to the

Agency pursuant to this ITB.

L. Winning or Successful Bidder: The business or entity submitting the lowest responsive bid, meeting all requirements of the Agency’s ITB.

SECTION 2 – INTRODUCTION

2.1 Background

The Agency for Persons with Disabilities (Agency) DDDP, is located at 100 N. Main St. in Chattahoochee Florida is a forensic residential pretrial rehabilitation facility for the developmentally disabled. The facilities provide complete care for the residents seven (7) days a week twenty-four (24) hours a day.

Chapter 20.197(3), Florida Statutes (F.S.), created the Agency for Persons with Disabilities as the agency responsible for providing all services to persons with developmental disabilities including the operation of all state institutional programs and the programmatic management of Medicaid waivers established to provide services to persons with developmental disabilities.

Chapters 916 F.S. and 393.11, F.S, provides that a person who has an intellectual disability or autism and requires involuntary admission to residential services provided by the Agency, receive the care, treatment, habilitation, and rehabilitation that the person needs. APD houses defendants who have been charged with a felony and who are found to be incompetent due to intellectual disability or autism, and who meets the criteria for involuntary commitment to the agency under this chapter, shall retain and provide appropriate training for the defendant. A defendant determined to be incompetent to proceed due to intellectual disability or autism may be ordered by a circuit court into a forensic facility designated by the Agency for defendants who have an intellectual disability or autism. The portion of APD that manages this population of clients is called the Developmental Disabilities Defendant Program (DDDP).

2.2 Statement of Purpose

The Agency for Persons with Disabilities seeks to establish a contract or purchase order with responsive and responsible vendor to replace the existing Security Surveillance System located on the DDDP forensic compound, located on the Florida State Hospital Campus in Chattahoochee, Florida.

2.3 Contract

This purchase shall be accomplished through either issuance of a purchase order/direct order, two party contracts both purchase order/direct order and/or two-party contract or by utilization of the Agency’s P-Card by authorized Agency employees.

SECTION 3 – PRODUCT INFORMATION SPECIFICATIONS

3.1 Minimum Qualifications

All contractors submitting Bids shall be properly licensed to complete the work in accordance with the State of Florida rules and statutes. All applicable laws and regulations of the Federal Government, the State of Florida, and Ordinances of the city will apply to any resulting award.

Upon request, bidders shall show evidence of proper license type and limitation.

3.2 Minimum Specifications

The awarded Contractor shall complete all commodities and services as part of the project as described on Attachment A, Scope of Work.

The specifications for the items or services are to be provided under this ITB. All commodities or services must be bid as specified in this ITB unless an equivalent has been reviewed and approved by the Agency.

NOTE: Any failed inspections, required reinspection, and associated fees are the sole responsibility of the Contractor, and cannot be charged to the Agency.

3.3 Estimated Quantities

Quantities listed are given only as a guideline for preparing a Bid and awarding a Contract and should not be construed as representing actual quantities to be purchased.

3.4 Delivery and Installation

The awarded Contractor must provide all the parts, labor, and equipment to remove existing surveillance cameras and install a new surveillance system in the East and West Buildings located at the DDDP forensic facility. The awarded Contractor shall ensure the services are completed by June 30, 2023. If Contractor identifies a need for an extension to complete services, a request for an extension must be communicated to Contract Manager as soon as possibly but with at least 30 days notice prior to end date. A decision to extend completion date must be mutually agreed upon by the Agency and the awarded Bidder and documented on the relevant PO. Typical on-site work hours are between 7:00 a.m.

and 5:00 p.m. EST, local time, Monday through Friday, excluding State holidays. Specific institution work hours will be discussed at the mandatory site visit. The awarded Contractor must provide all the parts, labor, and equipment needed to complete the installation.

3.5 Warranty

The awarded Contractor shall provide a minimum of one-year manufacturer’s warranty on all products including all shipping of defective materials and a three-year warranty on workmanship of the Camera and POE Switch installation. No exceptions will be considered on the warranty terms. All warranty information must be included in the bid proposal. The warranty is limited to repair or replacement of materials deemed to have failed under conditions of normal use and excludes failures attributed to misuse, vandalism, acts of God, fire, explosions, earthquakes, floods, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, pandemics, insurrections, strikes, or labor disputes.

Should defects become evident within the warranty period, the Contractor shall either repair the defective parts and materials or replace the Contract item at no additional cost to the Agency. The warranty period shall start on the date installation is complete and shall be extended to include times during which the products are out of service for warranty repair.

3.6 Addition/Deletion of Items or Locations

The Agency reserves the right to add or delete commodities/services or service locations after Contract execution when it is in the Agency’s best interest and within the general scope of this ITB. Pricing for added or modified items or locations shall be comparable to amounts awarded as a result of this ITB.

3.7 Codes and Inspections

The Contractor is required to purchase and pull any permits that are required to complete this project. The Contractor is required to comply with all federal, state, and local laws; ordinances; rules; regulations and codes that in any manner affect the work. Ignorance on the part of the Contractor will in no way relieve him from this responsibility. All inspections required to ensure compliance with required codes are the responsibility of the Contractor and must be accepted by the contract manager.

3.8 Fitting and Coordination of Work

The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or vendors engaged in this bid. The Contractor shall be prepared to guarantee to each of its subcontractors the locations and measurements which they may require for the fitting of their work to all surrounding work.

3.9 Facilities, Materials, and Employees

Unless it is otherwise stipulated in the bid, the Contractor shall be responsible for supervision, electric power, water, and any other facilities required to complete this project.

The Contractor shall incorporate in the work of this project only materials, equipment, and methods which conform to applicable APD specifications. Unless otherwise specifically provided for in the specifications, all workmanship, equipment, materials, and articles incorporated in the work shall be new and the best grade of the respective kinds for the purpose.

The Contractor shall only use employees with skills at least equal to the requirements of their work assignment on this project.

3.10 Safety Requirements

The Contractor shall comply with applicable requirements of Occupational Safety and Health Act (OSHA) and any standard there under. The specified safety regulations shall be enforced during the complete performance of the contract. The Contractor shall comply with the Department of Labor, Occupational Safety and Health Regulations for construction, promulgated under the Occupational Safety and Health Act of 1970 (P.L. 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (P.L.91-54). The vendor alone shall be responsible for the safety, efficiency and adequacy of his equipment, appliances, and methods and for any damage that may result from their failure or their improper construction, maintenance, or operation.

3.11 Contractual Liability-Work Contracts

The Contractor's liability policy shall include contractual liability coverage designed to protect the vendor from contractual liabilities assumed by the vendor in the performance of this contract.

3.12 Certificate of Insurance

The Contractor shall furnish proof of insurance coverage prior to commencement of any site work. The Contractor shall furnish a Certificate of Insurance for all insurance required by this contract and shall include the State of Florida, APD, as additional insured. The form(s) shall be completed and signed by the authorized Licensed Florida Agent and returned to the Project Manager. Certificate(s) shall be dated and show:

1. Name of the insured vendor, specific job by name, name of the insurer, number of the policy, its effective date, and its termination date.

2. Statement that the insured will mail notice to the owner, at least thirty (30) calendar days, prior to any material changes in provisions or cancellation of the policy.

3.13 Vendor's Commercial General Liability Insurance

The Contractor shall take out and maintain during the life of the contract:

Minimum Limits of Liability $1,000,000 each occurrence $2,000,000 aggregate Including Bodily Injury, Property Damage and products and completed operations.

3.14 Vendor's Automobile Liability Insurance

The Contractor shall take out and maintain during the life of this project Automobile Liability insurance for all claims that may arise from all operations performed under this agreement:

Minimum Limits of Liability $300,000 any automobile

3.15 Worker's Compensation Insurance

During the contract term, the Contractor, at its sole expense, shall provide commercial insurance 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, Florida Statutes, with minimum employers’ 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.

Employers who have employees that are engaged in Florida must use Florida rates, rules and classifications for those employees. In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers’ compensation coverage requirements. Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation. Independent vendors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers’ compensation insurance.

3.16 Hold Harmless and Indemnify

The vendor shall hold harmless, and indemnify to the fullest extent permitted by law, the State of Florida, APD, APD employees, and/or APD clients from and against any and all claims, damages, losses and expenses, including, but not limited to attorneys' fees, arising out of or resulting from performance of the work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death or injury to or destruction of tangible property (other than the work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the vendor, subcontractor(s), anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph.

3.17 Insurance, Loss Deductible Clause

The State of Florida shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the vendor providing such insurance.

3.18 Insurance, Independent/Subcontractor's Commercial General Liability The vendor shall require each of his independent or subcontractors to secure and maintain during the life of the subcontract, insurance of the type specified above or insure the activities of his independents/subcontractors in his policy, as specified above, including a separate Owners, Vendors Protective Liability Policy.

3.19 Invoicing and Payment

Payment will be made by state government warrant upon completion of the project or at another mutually agreed upon schedule. Invoices must be submitted in triplicate, and in sufficient detail, to allow for proper pre-audit and post-audit thereof, to:

DDDP Financial Services – Disbursements P.O. Box 1000 Building 1236 Chattahoochee, Florida 32324

Payment shall be made in accordance with Section 215.422, Florida Statutes, which states the vendor's rights and the state agency's responsibility concerning interest penalties and time limits for payment of invoices.

3.20 Damaged Goods

The vendor shall be responsible for filing, processing, and collecting all damage claims. However, to assist the vendor in the expeditious handling of damage claims, the ordering office will:

• Record any evidence of visible damage on all copies of the delivery carrier’s Bill of Lading.

• Report damage (visible or concealed) to the carrier and contract supplier, confirming such reports, in writing, within fifteen (15) days of delivery, requesting that the carrier inspect the damaged merchandise.

• Retain the item and its shipping container, including inner packing material, until inspection is performed by the carrier and disposition given by the contract supplier.

• Provide the vendor with a copy of the carrier’s Bill of Lading and Damage Inspection Report.

3.21 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) bid.

3.22 Sub-Contractors

The Contractor may, with the prior written consent of the Agency, enter into written subcontracts for the delivery or performance of services, as indicated in this ITB. Anticipated subcontract agreements known at the time of Bid submission must be disclosed, and the amount of the subcontract must be identified in the Bid. If a subcontract has been identified at the time of Bid submission, a copy of the proposed subcontract must be submitted to the Agency. No subcontract, which the Bidder enters into for the performance of any of its functions under the Contract, shall in any way relieve the Bidder of any responsibility for the performance of its duties. All subcontractors, regardless of function, who provide services on Agency property, shall comply with the Agency’s security requirements, including background checks, and all other Contract requirements. The Bidder shall make all payments to subcontractors. The Agency is only authorized to pay the awarded Bidder for any services or commodities provided under the Contract.

If the Respondent proposes to use any subcontractors, you must provide the following information:

a) Describe experience as a prime contractor managing subcontractors, and the plan to manage and coordinate any proposed subcontractors.

b) Describe in detail what tasks the subcontractors will be performing and what total percent of the contract will be subcontracted to other vendors at the time the ITB response is submitted.

c) Provide the company names, address, and scope of work that subcontractors will be performing.

d) The Agency reserves the right to approve or reject any subcontractor for any reason.

SECTION 4 – PROCUREMENT RULES AND INFORMATION

NOTE: In accordance with Section 60A-1.002 (7), Florida Administrative Code, the Agency of Management Service’s form PUR 1001 must be included in all solicitations. The PUR 1001 is similar to the requirements of this section (Section 4) of this ITB. In the event of any conflict between this section (Section 4) of the solicitation, and the PUR 1001 form, the provisions of this section SHALL prevail.

4.1 Procurement Officer/Contact Person: Questions related to this procurement should be addressed to:

Melissa Hurst 4030 Esplanade Way, Suite 215 Tallahassee, FL 32399 850-922-9922 Melissa.hurst@apdcares.org

Respondents 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 the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer named above. Violation of this provision may be grounds for rejecting a response.

4.2 Calendar of Events

Listed below are the important actions and dates/times by which the actions must be taken or completed. If the Agency finds it necessary to change any of these dates/times, it will be accomplished by addendum. All listed times are local time in Tallahassee, Florida.

Date Time Action 11/29/2022 Release of ITB 12/12/2022 9:00 AM EST Mandatory Site Visit in Chattahoochee – EST 12/19/2022 5:00 PM EST Last day for written questions and inquiries 12/29/2022 3:00 PM EST Anticipated date that written responses to written questions/ inquiries will be posted on the Vendor Information Portal (VIP).

01/12/2023 2:00 PM EST Bid opening 01/20/2023 Anticipated date of posting of recommended award on VIP

System 01/27/2023 Anticipated date for issuance of purchase order/direct order or other documents

4.3 Submission of Bids

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

4.4 Bid Opening

The bid opening will be held at the time and date specified in the “Calendar of Events” (Section 4.2). Bids are to be submitted in a sealed envelope with the bid number and opening date and time identified on the outside.

Residents in the State of Florida who are hearing, sight, or speech impaired, please contact Florida Relay at 1 (800) 955 – 8771 or via https://www.ftri.org/relay for assistance. Any person with a qualified disability shall not be denied equal access and effective communication regarding any bid/proposal documents or the attendance at any related meeting or bid/proposal opening, The name of all bidders submitting bids shall be made available to interested parties upon written request to the contact person listed in Section

4.1. Electronic of faxed copies of the proposal is not acceptable.

Building 4030 is currently open to the public, you may hand deliver your bid to 4030 Esplanade Way, Tallahassee FL 32399. The building is a secure facility, and each visitor is required to sign in and obtain a visitor’s pass at the security desk on the first floor. You MUST allow enough time to ensure that the bid for this project is delivered in time to receive it prior to the bid opening.

4.5 Mandatory Site Visit

There will be a mandatory pre-bid site visit for participating vendors and/or vendors’ representatives to be held as specified Section 4.2, Calendar of Events and Deadlines. All respondents intending to submit a proposal to this ITB MUST attend the site visit from beginning to end and must sign in prior to completing the site visit, or any bid submitted will be rejected as non-responsive. A ten (10) minute grace period for late arrivals with be granted. Participation by teleconference is not accepted.

The site visit is to familiarize vendors with conditions that may in any manner affect the work to be done, or the equipment, materials and labor required. Floor plans with current camera locations and identified areas of surveillance will be provided at site visit. The vendor shall examine this ITB carefully. Ignorance of any requirements contained herein or of conditions existing at the site will not relieve the vendor of liability and obligations under the resulting contract.

All persons entering facility must provide full name, date of birth, and driver’s license number for a NCIC/FCIC background review prior to obtaining access to the facility. Prior to the mandatory pre-bid site visit, participating vendors must complete a Pre-Screening Form (Attachment 8). This form must be submitted five days prior to the scheduled walk-through. Forms may be emailed to melissa.hurst@apdcares.org. You will receive an email response once you have been cleared to attend the pre-bid site visit.

Site Visit Location: DDDP Chattahoochee 100 N. Main St.

Buildings 1029 and 1262 Chattahoochee, Florida 32324

Entrance to Facility: Upon arrival into Florida State Hospital (FSH) Campus, respondents will check in with FSH Security Guard House. Inform the officer at the front gate you are here for a bid site visit, and they will instruct you where to go.

Site visit will commence at Building 1029, 124 Pecan Lane Chattahoochee, Florida. All visitors must clear prescreening protocol including successful clear of metal detector. Vendor cellular devices are prohibited inside facility. Respondents should allow enough time to arrive, park and gain entry into the facility.

4.6 Notice of Intent to Award

The Notice of Intent to Award shall be posted on the MFMP VIP System by the date stated in Section 4.2, Calendar of Events at the following site:

MyFloridaMarketPlace Vendor Information Portal

The Agency intends to award the contract to the responsible and responsive vendor(s) whose bid is determined to be the lowest responsive bid(s). The Agency may also make a determination as to whether to deem one or more vendor’s ineligible for award due to non-responsibility https://vendor.myfloridamarketplace.com/ or non-responsiveness. The Agency will electronically post the intent to award in accordance with subsection 120.57(3)(a), F.S., and Rule 60A- 1.021, F.A.C. If the notice of award is delayed, in lieu of posting the notice of intended award, the Agency shall post a notice of the delay and a revised date for posting the notice of intended award.

4.7 Costs of Preparing Bid

The Agency is not liable for any costs incurred by a bidder in responding to this ITB, including those for oral presentations, if applicable.

4.8 Disposition of Bids and Public Records Requests

All bids become the property of the State of Florida and will be a matter of public record subject to the provisions of Chapter 119, Florida Statutes. The State of Florida shall have the right to use all ideas, or adaptations of those ideas, contained in any bid received in response to this ITB. Selection or rejection of the bid will not affect this right.

4.9 Bid Rules for Withdrawal

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Agency, signed by the bidder within seventy-two

(72) hours after the bid due date indicated in the Calendar of Events.

Any submitted bid shall remain a valid bid for twelve (12) months after the bid submission date.

4.10 Rejection of Bids

The Agency reserves the right to reject any or all bids failing to meet mandatory responsiveness requirements or containing material deviations.

4.11 Mandatory Responsiveness Requirements

Mandatory responsiveness requirements are terms, conditions or requirements that must be met by the bidder to be responsive to this Invitation to Bid. Failure to meet these mandatory requirements will cause rejection of a bid.

4.12 Material Deviations

The Agency has established certain requirements with respect to bids to be submitted by bidders. The use of shall, must, or will (except to indicate simple futurity) in this Invitation to Bid indicates a requirement or condition from which a material deviation may not be waived by the Agency. A deviation is material if, in the Agency's sole discretion, the deficient response is not in substantial accord with this Invitation to Bid requirements, provides a substantial advantage to one bidder over other bidders, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Agency or otherwise adversely impact the Agency’s interest. Material deviations cannot be waived and shall be the basis for rejection of a bid.

4.13 Minor Irregularities

A minor irregularity is a variation from the ITB terms and conditions which does not affect the price of the bid or give the bidder an advantage or benefit not enjoyed by the other bidders or does not adversely impact the interests of the Agency.

4.14 Bid Questions and Inquiries

To the extent that there are any varying conditions, this section supersedes DMS PUR 1001 -General Instructions to Respondents.

a) Questions will only be accepted if submitted in writing and received on or before the date and time specified in the Calendar of Events (Section 4.2). Responses will be made in writing and posted on the Vendor Bid System, on or about the anticipated date referenced in the Calendar of Events.

b) The bidder shall examine this ITB to determine if the Agency’s requirements are clearly stated. If there are any requirements which restrict competition, the bidder may request, in writing, to the Agency, that the specifications be changed. The bidder who requests changes to the Agency’s specifications must identify and describe the bidder’s difficulty in meeting the Agency’s specifications, must provide detailed justification for a change, and must specify recommend changes to the specifications. Requests for changes to this ITB must be received by the Agency no later than the date shown for written inquiries in the “Calendar of Events” in Section 4.2. A bidder’s failure to request changes by the date described above shall be considered to constitute bidder’s acceptance of Agency’s specifications. The Agency shall determine what changes to this ITB shall be acceptable to the Agency. If required, the Agency shall issue an addendum reflecting the acceptable changes to this ITB, which shall be posted on the Vendor Bid System in order that all bidders be given the opportunity of bidding for the same specifications.

c) Any inquiries from bidders concerning this ITB shall be submitted in writing, identifying the submitter, to the individual identified in

Section 4.1 of this ITB and must be received no later than the date and time specified in Section 4.2 of the Calendar of Events. (E-mail inquiries are preferred with the bidder following up by mailing or faxing a hard copy.) It is the responsibility of the bidder to confirm receipt of e-mailed and faxed inquiries.

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

e) A formal written protest must be accompanied by a bond payable to the Agency in the amount of 1 percent of the Agency’s estimate of the total value of the proposed contract. The form of the bond shall be a bond, cashier’s check, or money order.

4.15 Addenda

Addenda and clarification to this ITB along with an Addendum Acknowledgment Form will be posted on the Vendor Bid System should changes to the bid occur. The Addendum Acknowledgment Form, that is included with each posting, shall be signed by an authorized company representative, dated, and returned with the bid, as specified in Section 5, Bid Format and Contents.

4.16 Changes

No substitutions, variations or changes to contract terms, conditions or specifications will be permitted or acknowledged unless approved, in writing, by the Purchasing Office for the Agency. The Agency prohibits modification of a bid after bids are opened. Therefore, any changes or variations to the original contract terms, conditions or specifications must have the prior written approval of the Purchasing Office.

4.17 Cost Discussions

Any discussion by the bidder with any employee or authorized representative of the Agency involving cost information, occurring prior to bid opening or notice of recommended award, or notice of rejection of all bids, will result in rejection of said bidder’s bid.

4.18 Verbal Instructions

No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any Agency employee.

Only those communications that are in writing from the Agency’s staff identified in Section 4.1 of this ITB shall be considered a duly authorized expression on behalf of the Agency. Only communications from the Contractor’s representative, which are in writing and signed, will be recognized by the Agency as duly authorized expressions on behalf of the Contractor.

4.19 No Prior Involvement and Conflicts of Interest

The Contractor shall not compensate in any manner, directly or indirectly, any officer, agent or employee of the Agency for any act or service that he/she may do, or perform for, or on behalf of, any officer, agent, or employee of the Contractor. No officer, agent, or employee of the Agency shall have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Agency or the State of Florida.

The Contractor shall have no interest and shall not acquire any interest that shall conflict in any manner or degree with the performance of the services required under this Contract.

4.20 State Licensing Requirements

All entities defined under Chapters 607, 608, 617, 620, 621 or 622, Florida Statutes, seeking to do business with the Agency shall be properly licensed and in good standing with the Florida Agency of State and all applicable regulatory agencies.

4.21 MyFloridaMarketPlace Registration

Vendors must have completed registration with the Florida Department of Management Services (DMS) State Purchasing, prior to issuance of a purchase order.

Vendors may register online at: https://vendor.myfloridamarketplace.com/

For additional information, see PUR 1000 and 1001.

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4.22 MyFloridaMarketPlace Fees

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. All payments issued by the Department to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida.

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4.23 Public Entity Crimes

A person or affiliate who has been placed on the Convicted Contractor List following a conviction for a public entity crime may not submit a bid or proposal to provide any goods or services to a public entity, may not submit a bid or proposal to a public entity for the construction or repair of a public building or public work, may not submit bids or proposals for leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of being placed on the Convicted Contractor List.

4.24 Discriminatory Vendor List

An entity or affiliate who has been placed on the Discriminatory Vendor List may not submit a bid or contract to provide goods or services to a public entity, may not submit a bid or contract with a public entity for the construction or repair of a public building or public work, may not submit bids or contracts on leases of real property to a public entity, may not perform work as a contractor, supplier, subcontractor or consultant under contract with any public entity and may not transact business with any public entity.

4.25 Unauthorized Employment of Alien Workers

The Agency shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract.

4.26 Office of Supplier Diversity

The Florida Legislature, in an effort to encourage the growth of small and minority businesses, recommends that the prime Contractor utilize minority sub-contractors in performance of State contracts whenever possible.

The Office of Supplier Diversity has standing to protest, pursuant to s. 287.09451 F.S., in a timely manner, any proposed contract award in competitive bidding for contractual services and construction contracts that fails to include minority business enterprise participation, if any responding Contractor has demonstrated the ability to achieve any level of participation, or any contract award for commodities where, a reasonable and economical opportunity to reserve a contract Statewide or district level, for minority participation was not executed or, any agency failed to adopt preference for minority participation. Any low Contractor with no participation may be deemed not in “good faith.”

A list of qualified minority Contractors is available at http://osd.dms.state.fl.us.

4.27 Diversity

The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women, and service-disabled veteran business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority-, women-, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915.

The state is dedicated to fostering the continued development and economic growth of small, minority-, women-, and service-disabled veteran business enterprises. Participation by a diverse group of Vendors doing business with the state is central to this effort. To this end, it is vital that small, minority-, women-, and service-disabled veteran business enterprises participate in the state’s procurement process as both Contractors and sub- contractors in this solicitation. Small, minority-, women-, and service-disabled veteran business enterprises are strongly encouraged to contribute to this solicitation.

The Contractor shall submit documentation addressing diversity and describing the efforts being made to encourage the participation of small, minority-, women-, and service-disabled veteran business enterprises Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at:

http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/.

Quarterly Reports of revenue paid to certified W/MBE and certified SDVBE contractors (agents or subcontractors) as a result of any award shall be provided to the Agency Purchasing Office by the Prime Contractor on an Agency by Agency (or other eligible user) level.

4.28 References

The Bidder must provide the required information, on Attachment 9, for three (3) separate and verifiable references which have been completed for clients of the Bidder (not intended subcontractors) for projects similar as in the solicitation. The clients listed must be for work of the same scope and size to that specified in the bid. Confidential clients shall not be included. Do not list projects for the Agency as a reference on this form.

http://osd.dms.state.fl.us/ http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/

Vendors must have a minimum of three (3) continuous years for work of the same scope and size to that specified in the bid. The three references must confirm this requirement. An organization cannot be listed as a reference if surveillance camera services have not been performed in the past two (2) years.

The same client may not be listed for more than one (1) reference (for example, if the Bidder has completed a project for the Florida Department of Transportation – District One and one project for the Florida Department of Transportation – District Two, only one of the projects may be listed because the client, the Florida Department of Transportation, is the same).

Clients that are listed as subcontractors in the bid will not be accepted as a reference under this solicitation. Firms that are currently parent or subsidiary companies to the bidder will not be accepted as a reference under this solicitation.

In the event that 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 that the work was performed must be given, at the end of the project description for that reference.

References should be available to be contacted during normal business hours (Monday – Friday, 8:00 a.m. – 5:00 p.m.). The Agency will contact all three (3) of the references in order to complete an evaluation questionnaire as provided in this solicitation.

An Agency representative will contact the references via telephone and/or email to verify satisfactory past performance. The Agency will attempt to contact each reference up to two (2) times during the duration of time allotted. In the event that the contact person cannot be reached following the specified number of attempts the reference will not be considered. The Agency will not attempt to correct incorrectly supplied information. Each vendor is required to have at least two (2) satisfactory references to be deemed responsible and considered for award.

The Respondent must also complete and sign the Client Reference Form allowing the Agency to evaluate and assess vendor’s eligibility for Contract Award pursuant to the indicated solicitation, and that any such information provided may be subject to disclosure under Chapter 119, F.S.

References should be directly relevant to the services in the solicitation and shall be for surveillance cameras installation. References that do not support the service delivery experience may be rejected, along with any incomplete Business / Corporate Reference forms. References will not be accepted from:

a) Current employees of the Agency.

b) Former employees of the Agency within the past three (3) years.

c) Persons currently or formerly employed by the Respondent’s organization.

d) Board members of the Respondent’s organization.

e) Relatives.

f) Corporations based solely in a foreign country.

g) A member of the Respondent’s organization, who has written, completed and submitted the form on behalf of the reference.

Failure to provide the required information for three (3) separate and verifiable clients in the spaces provided on Attachment 9 or the failure to provide the required information for each reference shall result in the Respondent’s bid being deemed non-responsive and therefore, rejected.

4.29 Posting of Recommended Award

The recommended award is anticipated to be posted on the Vendor Information Portal and at the Agency Purchasing Office located in Tallahassee, Florida, on or about the date shown in the “Calendar of Events” (Section 4.2) and will remain posted for a period of seventy-two

(72) hours (three business days).

a) Any bidder who desires to protest the recommended award must file the following documents with the Agency Clerk in the Agency’s

Office of General Counsel, 4030 Esplanade Way, Suite 335, Tallahassee, Florida 32399, and provide copies to the Contact Person listed in Section 4.1 of this ITB.

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

c) A formal written protest must be accompanied by a bond payable to the Agency in the amount of 1 percent (1%) of the Agency’s estimate of the total value of the proposed contract. The form of the protest bond shall be a bond, cashier’s check or money order.

d) The Agency shall not be obligated to pay for information obtained from or through any bidder prior to entering into a contract with the winning bidder.

SECTION 5 – BID FORMAT AND CONTENTS

This section contains instructions that describe the required format for the submitted bid. The bidder shall supply one (1) original, signed bid, which shall include all required documents, in a sealed envelope, clearly marked “Bid – ITB #2223-010.”

There is no intent to limit the content of the response. Additional information deemed appropriate by the bidder may be included. However, cluttering the bid with irrelevant material makes the review more difficult. The following paragraphs contain instructions that describe the required format for bid responses. A Submittal Checklist (Exhibit 1) has been provided to assist vendors in preparing their bid response.

5.1 Responsiveness Requirements

The following terms, conditions, or requirements must be met by the bidder to be responsive to this ITB. Failure to meet these responsiveness requirements may cause rejection of a bid.

a) It is mandatory that the bidder supply one (1) original, signed, and sealed bid. The envelope shall be sealed and clearly marked “Bid

– ITB- #2223-010” prior to the bid opening date and time listed in Section 4.2.

b) It is mandatory that the bidder list their bid prices on a Cost Information Sheet(s) as indicated on Attachment 1. Bidders are to quote NET BID PRICES. All cash discounts allowed for prompt payment of bills should be incorporated into net bid prices. By submitting a bid under this ITB, each Bidder warrants its agreement to the prices submitted. Any qualifications, counteroffers or deviations shall render the bid non-responsive.

c) It is mandatory that the bidder complete and submit the Vendor Representative and Alternative Information Form (Attachment 2).

d) It is mandatory that the bidder complete and submit the Mandatory Certifications / Master Certification Form (Attachment 3) and attach the document to your bid.

e) It is mandatory that the bidder complete and submit the Vendor Conflicts of Interest Attestation Form (Attachment 4).

f) It is mandatory that the bidder complete and submit the Tie Breaking Certification Form (Attachment 5).

g) The Mandatory Requirements Checklist is a document used by the Agency to validate submissions. Vendors do not complete this form (Attachment 6).

h) It is mandatory that the bidder complete and submit, if applicable, the Drug Free Workplace Form (Attachment 7).

i) It is mandatory should any Bid Addenda be released that vendor submit the Bid Addenda acknowledgment in their bid submission.

5.2 Preferences

The following sub-sections describe statutorily mandated preferences given to bidders meeting certain criteria. If a bidder qualifies for and wishes to take advantage of any preference, the must submit the required documentation for consideration.

5.3 Commodities manufactured, grown, or produced in state

Per Section 287.082, FS, whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within this state, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within this state shall be given preference. To be eligible for this preference, bidders must provide a statement on their company letterhead attesting to the fact that the specified products will be manufactured, grown, or produced within this state.

5.4 Certain Foreign Manufacturers

Per Section 287.092, FS, any foreign manufacturing company with a factory in the state and employing over 200 employees working in the state shall have preference over any other foreign company when price, quality, and service are the same, regardless of where the product is manufactured. To be eligible for this preference, bidders must provide a statement on their company letterhead attesting to the fact that they have a factory in the State of Florida employing over 200 employees working in the state.

5.5 Drug-Free Workplace Programs

Per Section 287.087, FS, whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall attest that their program meets all the criteria set forth in Attachment 4. To be eligible for this preference, bidders must sign and submit Attachment 7.

5.6 Certified Minority Business Enterprise

Per Section 287.057 (11), FS, 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. To be eligible for this preference, bidders must submit a copy of their certification issued by the Florida Department of Management Services Office of Supplier Diversity.

5.7 Florida Service-Disabled Veteran Preference

Per Section 295.187, FS, when considering two or more bids, proposals, or replies for the procurement of commodities or contractual services, at least one of which is from a certified service-disabled veteran business enterprise, that are equal with respect to all relevant considerations, including price, quality, and service, shall award such procurement or contract to the certified service-disabled veteran business enterprise.