APD ITB 2223 013 Pump and Valve Replacement.pdf

APD ITB 2223-013

INVITATION TO BID

APD ITB #2223 013

Pump and Valve Replacement

Commodity Codes 83101510, 40101716, 72151200

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. Bid: The written response, reply, submission, proposal, or offer of bidder (when submitted on the reproduced approved forms) to perform the contemplated work and furnish the necessary materials and labor in accordance with the provisions of the contract documents. (bid, reply, response, offer, and proposal may be used interchangeably)

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. Timeline: The list of critical dates and actions included in the Invitation to Bid.

L. Vendor, Offeror and Bidder: A legally qualified corporation, partnership, sole proprietor, or other entity submitting a bid to the Agency pursuant to this ITB.

M. 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 at Tacachale located in Gainesville, Florida is an Intermediate Care Facility for the Developmentally Disabled. The facilities provide complete care for the residents seven (7) days a week twenty-four (24) hours a day. The facility is in need of a pump and valve replacement.

2.2 Statement of Purpose

The purpose of this Invitation to Bid (ITB) is to obtain competitive responses from qualified firms (hereinafter referred to as Vendor, Offeror and Bidder), consistent with the requirements outlined in this solicitation, to replace and install secondary chilled water pump, isolation valve, and condenser pump, per Attachment A, Scope of Work.

Tacachale currently serves 186 developmentally disabled residents in 15 separate living units located on the 500+ acres of the Tacachale

Center. The residents are provided all services and activities required to promote a normal living environment on each resident home and around the Center.

2.3 Contract

This purchase shall be accomplished through either issuance of a purchase order/direct order, two party-contract both purchase order/direct order and/or two-party contract.

SECTION 3 – PRODUCT INFORMATION SPECIFICATIONS

3.1 Minimum Qualifications

The Contractor shall possess the ability to replace and install secondary chilled water pump, isolation valve, and condenser pump per Attachment A, Scope of Work.

3.2 Minimum Specifications

The Successful Bidder will have all applicable permits with the State of Florida and must comply with all applicable federal, state, and local rules and regulations pertaining to the installation and replacement of secondary chilled water pump, isolation valve, and condenser pump located in Building 25. The permits shall be secured and maintained during the life of the contract.

The Agency requires the vendor to provide the necessary labor and materials to replace and install secondary chilled water pump, isolation valve, and condenser pump, per Attachment A, Scope of Work.

3.3 Warranty

In addition to any manufacturer’s warranties, the successful vendor shall provide a one-year warranty on all parts and labor provided under this agreement. If the unit is found to be non-reparable during the life of the warranty, a replacement will be provided at no additional cost to the Agency.

3.4 Estimated Quantities

The quantities provided in this bid are given as an estimate for vendors to prepare a Bid and awarding a Contract and should not be construed as representing actual quantities to be purchased by the Agency.

3.5 Delivery and Installation

The vendor shall state the number of days, after receipt of order, that the product will ship and the number of days and hours it will take to install the pumps and isolation valve. Any associated delivery costs shall be shown as a separate line time on the Cost Information Sheet.

As this campus is a twenty-four (24) hour seven (7) day a week operation and it is vital to the operation of the site and that the delivery be made as quickly as possible.

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 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.

3.8 Hours of Operation

Hours of operation for deliveries to the campus are limited to Monday through Friday between the hours of 7:30 a.m. and 3:30 p.m. EST.

3.9 Codes and Inspections

The vendor is required to purchase and pull any permits that are required to complete this project. The vendor 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 vendor will in no way relieve him from this responsibility. All inspections required to ensure compliance with required codes are the responsibility of the vendor and must be accepted by the contract manager.

3.10 Safety Requirements

Vendor 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 vendor 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 vendor'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 vendor shall furnish proof of insurance coverage prior to commencement of any site work. The vendor 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 vendor 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 vendor 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 vendor, 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 who 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 the Agency’s Contract Manager.

The Agency will then place the invoice in line for payment. 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

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.

<THIS SECTION PURPOSELY LEFT BLANK>

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:

Alicia Ponchak 4030 Esplanade Way, Suite 215 Tallahassee, FL 32399 850-414-8879 Alicia.Ponchak@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, except for the mandatory site visit in Marianna, Florida is in the Central Time Zone.

Date Time Action 01/19/23 Release of ITB 02/02/23 9:00 AM EST Mandatory Site Visit in Gainesville, FL 02/09/23 5:00 PM EST Date written questions are due 02/14/23 2:00 PM EST Anticipated date that written responses to written questions/ inquiries will be posted on the Vendor Information Portal.

02/22/23 2:00 PM EST Bid dues and bid opening 02/27/23 Anticipated date of posting of recommended award on Vendor Information Portal 03/06/23 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. Bids cannot be emailed or faxed.

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. 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.

Site Visit Location: APD Tacachale 1621 NE Waldo Rd Gainesville, Florida 32609

Front Gate: Inform the guards at the front gate you are here for a bid site-visit, and they will instruct you where to go. 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 Vendor Information Portal by the date stated in Section 4.2, Calendar of Events at the following site:

MyFloridaMarket Place 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 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.

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 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 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.

https://vendor.myfloridamarketplace.com/

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 Information Portal, 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 recommended 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 Information Portal 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 Information Portal 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.

https://www.myfloridacfo.com/division/AA/images/worksflyerrolloutnourl.jpg

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.

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.

https://vendor.myfloridamarketplace.com/ https://www.myfloridacfo.com/division/AA/images/worksflyerrolloutnourl.jpg http://osd.dms.state.fl.us/

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 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 #/2223-013.

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 #2223-013” 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).

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

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. 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.

SECTION 6 – AWARD OF CONTRACT

The Agency will award the Contract to the bidder having the lowest cost and has been determined to be both responsive and responsible.

6.1 Responsiveness Review

To be deemed as a responsive bid, the document must be received by the Agency on or before the date specified in the Procurement schedule (Section 4.2). The bidder shall supply one (1) original, signed bid, which shall include all required documents, in a sealed envelope, clearly marked “Bid – ITB #2223-013 Required (mandatory) documents that must be submitted with the bid response are as follows:

• Attachment 1 – Cost Information Sheet

• Attachment 2 – Vendor Representative Information Form

• Attachment 3 - Mandatory Certifications/Master Certification

• Attachment 4 – Vendor Conflicts of Interest Attestation

• Attachment 5 - Tie Breaking Certification Form

• Attachment 6 - Form for Agency use only

• Attachment 7 - Drug Free Workplace Form

All forms must be completed in their entirety, and if required, must be signed. The signer of the document must be a person authorized to bind the firm. Bids received after the date and time indicated in the Procurement Schedule will be returned unopened. Bids submitted without all the required documents, or with documents that are incomplete or not signed, will be rejected, and not further evaluated.

6.2 Exclusionary Lists Check / Verification

Following the responsiveness review, the Agency will check various lists to determine if the bidder has been excluded from participating in the public bidding and/or contracting process. The lists to be used for this stage of bid evaluation are as follows:

• Convicted Vendor List pursuant to Section 287.133(3)(d), Florida Statutes.

• Suspended Vendor List pursuant to Rule 60A-1.006, F.A.C.

• Discriminatory Vendor List pursuant to Section 287.134 (2) (a), Florida Statutes.

• Vendor Complaint List pursuant to Rule 60A-1.006(1), F.A.C.

Should a bidder’s name appear on any of these exclusionary lists, their bid will be rejected and not further evaluated.

6.3 Price Determination

The lowest price shall be determined by comparing each Vendor’s Total Cost in Attachment 1, Cost Information Sheet for materials and services requested in this solicitation. The Agency will award the Contract to the bidder having the lowest cost and has been determined to be both responsive and responsible. The Optional Costs located in Attachment 1, Cost Information Sheet will not affect the outcome of the lowest, responsive, and responsible bidder.

Any Cost Information Sheet(s) that is/are incomplete or in which there are significant inconsistencies or inaccuracies may be rejected by the Agency. No deviations, qualifications, or counteroffers will be accepted. The Agency reserves the right to reject any and all bids. All calculations will be reviewed and verified. The Agency may correct mathematical errors; however, in the event of any miscalculation, unit prices shall prevail.

SECTION 7 – CONTRACT TERMS AND CONDITIONS

NOTE: In accordance with Section 60A-1.002 (7), Florida Administrative Code, the Department of Management Services’ form PUR 1000 must be included in all solicitations. The PUR 1000 is similar to the requirements of this section (Section 7) of the ITB. In the event of any conflict between this section (Section 7) of the solicitation, and the PUR 1000 form, the provisions of this section will prevail.

This section contains standard terms and conditions that shall be included in any contract which results from this ITB. By submitting a bid in response to this ITB, the bidder is deemed to have accepted these terms and conditions in their entirety.

7.1 Contract

A bidder’s bid in response to this ITB shall be considered as the bidder’s formal offer. Where a Purchase Order/Direct Order will be issued by the Agency, this ITB and the Bidder’s bid shall be incorporated by reference into and thereby become a part of that Purchase Order/Direct Order. If there is a conflict in language, the Agency’s ITB will govern.

7.2 Terms and Conditions

a) The state of Florida’s General Contract Conditions is outlined in Form PUR 1000, which is a downloadable document incorporated into this Invitation to Bid (ITB) by reference. Any terms and conditions set forth in this ITB document take precedence over Form PUR 1000 where applicable.

PUR 1000

b) The state of Florida’s General Contract Conditions is outlined in Form PUR 1001, which is a downloadable document incorporated into this Invitation to Bid (ITB) by reference. Any terms and conditions set forth in this ITB document take precedence over Form PUR 1001 where applicable.

PUR 1001

7.3 Modifications after Contract Execution

During the term of the Contract, the Agency may unilaterally require changes (altering, adding to, or deducting from the specifications), provided such changes are within the general scope of this solicitation. The Bidder may request an equitable adjustment in the price(s) or delivery date(s) if the change affects the cost or time of performance. Such equitable adjustments require the express written approval of the Agency. The Agency shall provide written notice to the Bidder 30 days in advance of any Agency-required changes to the technical specifications and/or scope of service, which affects the Bidder’s ability to provide the service as specified herein. Unless the required changes are deemed an emergency and the Agency cannot provide 30 days written advance notice. Any changes, other than purely administrative changes, will require a written change order or formal Contract amendment.

7.4 Termination at Will

The Purchase Order may be terminated by either party upon no less than thirty (30) calendar days’ notice, without cause, unless a lesser time is mutually agreed upon by both parties. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery.

7.5 Termination Due to Lack of Funds

In the event funds to finance this purchase become unavailable, the Agency may cancel the Purchase Order upon no less than twenty-four (24) hours’ notice in writing to the Vendor. Notice shall be delivered by certified mail (return receipt requested), facsimile, by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. The Agency shall be the final authority as to the availability of funds.

7.6 Termination for Cause

If any breach of the terms and conditions of the Agency’s Purchase Order or any of its incorporated documents occurs by the Vendor, the Agency may, by written notice to the Contractor, cancel the Purchase Order upon twenty-four (24) hours’ notice. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. If applicable, the Agency may employ the default provisions in Chapter 60A-1.006, Florida Administrative Code. The provisions herein do not limit the Agency’s right to remedies at law or to damages.

7.7 Termination for Unauthorized Employment

Violation of the provisions of Section 274A(e) of the Immigration and Nationalization Act, shall be grounds for unilateral cancellation of the Purchase Order/Direct Order.

7.8 Payments and Invoices

The Contractor agrees to submit invoices for compensation for delivery of products in detail sufficient for a proper pre-audit and post-audit thereof.

Invoices will be paid upon receipt, inspection and acceptance of product(s). Invoices shall be sent to the location as identified on any purchase order/direct order.

https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf file:///C:/Users/Alicia.Ponchak/AppData/Local/Microsoft/Windows/INetCache/Alicia.Ponchak/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/1H4YTQA2/APD%20ITB%202223%20006%20Chiller%20Repair%20Tacachale/PUR%201000 file:///C:/Users/Alicia.Ponchak/AppData/Local/Microsoft/Windows/INetCache/Alicia.Ponchak/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/1H4YTQA2/APD%20ITB%202223%20006%20Chiller%20Repair%20Tacachale/PUR%201000 https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

7.9 Agency Contract Manager

The individual named below is designated as the Agency Contract Manager for this…