Attachment A, Scope of Work.pdf

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Attached to
Medium and Heavy Trucks ITB
Solicitation number
ITB-16963
Issued by
Florida

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File Summary

This is a Scope of Work document for an Invitation to Bid (ITB No. 26-25101600-ITB) issued by the Florida Department of Management Services to establish a statewide term contract for medium and heavy trucks. The solicitation seeks to establish multiple awards for the provision of new, unused medium and heavy trucks classified as Class 3 through Class 8 under Federal Highway Administration vehicle classification standards. The contract will serve state agencies and eligible users across Florida on a statewide basis. The scope encompasses six primary groups of vehicles: Chassis Cabs, Flat Bed Dump Trucks, Dump Trucks, Flat Bed Stake Body Trucks, Dry Freight Trucks, and Truck Tractors, organized into multiple sub-groups with corresponding commodity codes. All vehicles must meet minimum specifications including diesel-power as standard, compliance with Federal Motor Vehicle Safety Standards, automatic air brake drain systems, and current production model years. Contractors must place orders with manufacturers within seven calendar days of purchase order receipt and deliver in-stock vehicles within fourteen calendar days or factory-ordered vehicles within 120 calendar days. The contract includes comprehensive requirements for pre-delivery inspection, documentation, titling and registration, warranty coverage through manufacturer standards, and maintenance of factory-authorized service facilities within Florida.

Pricing is based on Manufacturer's Suggested Retail Price (MSRP) discounts submitted by bidders, with awarded discounts remaining firm throughout the contract term. All costs including administrative fees, environmental charges, tax and title processing, vehicle preparation, freight, delivery to any Florida destination, standard warranties, installation, and corrective actions are included in the quoted prices, with limited exceptions for extraordinary market disruptions requiring separate Department approval. Contractors must respond to customer requests for price quotes within two business days and provide detailed itemization of base vehicles, options, labor, and installation costs. The contract includes specific performance requirements with financial consequences for non-compliance, including daily penalties ranging from $100 to $250 for late submissions of sales reports, price quotes, and documentation, and per-occurrence charges of $250 for delivery failures such as inadequate fuel levels or missed manufacturer's last order date notifications. Contractors must maintain at least one factory-authorized service station in Florida for warranty repairs and must provide full refunds or replacements at the customer's discretion for non-compliant or damaged commodities without assessing restocking or additional fees.

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Medium and Heavy Trucks 26-25101600-ITB Page 1 of 19

ATTACHMENT A

SCOPE OF WORK

1. PURPOSE

To provide Customers with new and unused Medium and Heavy Trucks on a statewide basis, pursuant to the terms set forth in this Scope of Work.

2. DEFINITIONS

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); and Attachment D, Enterprise Standard Terms and Conditions; are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this Scope of Work. All definitions apply in both their singular and plural sense.

Base Vehicle – The baseline truck chassis model in its default manufacturer configuration, identified by its Manufacturer, make, model, model name, model number, or catalog reference.

Base Vehicle Manufacturer – The original vehicle manufacturing entity (e.g., Ford, Chevrolet, Freightliner) that designs, constructs, and warrants the underlying cab and chassis, engine, drive train, and factory-installed standard components prior to any post-manufacturer upfitting or body installation.

Base Vehicle Specifications – The minimum technical standards and standard baseline configuration established by the Department for a Medium or Heavy Truck, excluding OEM Options, Non-OEM Options, aftermarket parts, and Upfits.

Bidder – A Vendor who submits a Bid to this ITB.

Brand Name – The commercial or trade name under which a Commodity is marketed and sold.

Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8:00 a.m. to 5:00 p.m. at the Customer’s location.

Business Network – The Business Network (formerly known as Ariba Network) is an online marketplace that connects vendors and buyers for solicitations collaboration and purchasing transactions. A Business Network account is required to submit responses to electronic solicitations.

Commodity – As defined in section 287.012, F.S.

Commodity Code – The State’s numeric code for classifying commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying commodities and services.

26-25101600-ITB Page 2 of 19

Contract Manager – The representative designated by the Department who will oversee all aspects of the Term Contract, monitor performance expectations, and serve as the primary point of contact for the Contractor.

Contractor – A Vendor that enters into a Term Contract with the Department as a result of receiving an award from ITB No. 26-25101600-ITB.

Customer – A State Agency or Eligible User.

Department – The Department of Management Services, a State Agency.

Free on Board (FOB) Destination – A shipping method as defined in section 672.319(1)(b), F.S.

Gross Vehicle Weight Rating (GVWR) – The maximum operating weight of a vehicle as specified by the Manufacturer, including the chassis, body, engine, fluids, fuel, accessories, driver, passengers, and cargo.

Group – A major category of Representative Models and applicable Commodity Codes described in the Attachment A, Scope of Work and Attachment C, Discount Sheet. Each Group contains Sub-Groups.

Heavy Truck – A vehicle classified as Class 7 or Class 8 under the Federal Highway Administration (FHWA) vehicle classification system.

Licensed Dealer – An entity certified and authorized by the Manufacturer to market, sell, and deliver new Medium and Heavy Trucks and service existing Medium and Heavy Trucks.

Manufacturer – The producer of Medium and Heavy Trucks or related Commodities which possess the minimum quality, reliability, service, and value required by the Department and Customers’ Scope of Work.

Manufacturer’s Last Order Date – The final date on which the Manufacturer accepts production orders for a specific model year of a Representative Model under the Term Contract.

Manufacturer’s Suggested Retail Price (MSRP) – The MSRP represents the Manufacturer’s recommended retail selling price, list price, published price, or other usual and customary price that would be paid by the purchaser for specific commodities or services without benefit of a Term Contract. It must be verifiable by the Department.

Medium Truck – A vehicle classified as Class 3, Class 4, Class 5, or Class 6 under the Federal Highway Administration (FHWA) vehicle classification system.

MSRP Certification Form – Manufacturer certification that the Bidder has provided the most current nationally published MSRPs or confirms that published MSRPs are unavailable.

MSRP Credit – The MSRP value deducted from the Total Customer Price when a standard Base Vehicle feature or Option is removed at the Customer's request.

MSRP Discount – The percentage reduction off the Verifiable MSRP offered by the Bidder in Attachment C, Discount Sheet. Expressed as a percentage rounded to two decimal places (e.g., 14.32%).

26-25101600-ITB Page 3 of 19

MSRP List – The official collection of MSRPs published by the Manufacturer on its website or dealer software.

MSRP Sheet – The build sheet detailing the MSRP and specifications for a specific Representative Model and ordered Options. Also referred to as a “Build Sheet.”

Options – Features, equipment, or modifications that may be added to, or removed from, a Base Vehicle by either the Manufacturer or Licensed Dealer. All Options must comply with Federal Motor Vehicle Safety Standards (FMVSS), state law, and Manufacturer body builder guidelines. Options are categorized as:

• Original Equipment Manufacturer (OEM) Option – A new, unused option, component, or feature produced directly by the Base Vehicle Manufacturer prior to initial shipment from the primary assembly facility.

• Non-OEM Option – A new, unused aftermarket option produced by a third-party manufacturer.

• Upfit – Specialized body equipment, auxiliary equipment, or tools installed onto an OEM cab and chassis to configure the Base Vehicle for specific operational needs.

Parts – Replacement or repair components designed for a Base Vehicle or Option, provided or installed by the Manufacturer or Licensed Dealer in accordance with industry standards.

Product Sheet – The comprehensive list of awarded Representative Models, OEM Options and Parts, Non-OEM Options and Upfits, Commodity type, Group, Sub-Group, MSRP, MSRP Discount, and Net Price as reflected in Attachment K, Sample Product Sheet.

Representative Model – A specific vehicle configuration established by the Department that meets the baseline technical specifications for a given Sub-Group.

Sub-Group – A specific subset of vehicle models within a Group, as detailed in the Attachment A, Scope of Work and Attachment C, Discount Sheet.

State – The State of Florida.

Total Customer Price - The final price billed to the Customer after applying all applicable MSRP Discounts and MSRP Credits to the Base Vehicle and Options. May be used interchangeably with “Net Price.”

Vendor – An entity providing Medium and Heavy Trucks and Options.

Verifiable MSRP – The official Manufacturer’s published retail price for a Base Vehicle, Option, or Upfit in effect on the order date, supported by a published price list or official Build Sheet furnished with the purchase order

Term Contract – The legally enforceable State Term Contract, as defined in section 287.012, F.S., between the Department and the Contractor.

26-25101600-ITB Page 4 of 19

Vendor Information Portal (VIP) – The State of Florida’s vendor registration, supplier development, and bidding system developed in accordance with section 287.042(3), F.S. The Vendor Information Portal is accessible at https://vendor.myfloridamarketplace.com.

3. SCOPE OF WORK

3.1 Description of Scope

Contractors shall provide Medium and Heavy Trucks and applicable Options in accordance with the specifications contained herein and Attachment C, Discount Sheet. All State Agencies shall comply with sections 287.151, 320.01(1), and 320.01(41) Florida Statutes when purchasing under this Term Contract. The Medium and Heavy Trucks offered under the Term Contract shall be classified by Groups and Sub-Groups as identified within this scope and Attachment C, Discount Sheet. The Groups are identified below.

Group Number Group Category

Sub-Groups

Commodity Code(s)

Group 1 Chassis Cabs

Sub-Groups 1A - 1N

Truck Chassis - 25181602 Tractor Cab - 25181607

Group 2 Flat Bed Dump Trucks

Sub-Groups 2A - 2F

Dump Trucks - 25101601 Flatbed Truck - 25101917

Group 3 Dump Trucks

Sub-Groups 3A - 3H

Dump Trucks - 25101601

Group 4 Flat Bed Stake Body Trucks

Sub-Groups 4A - 4F

Flatbed Truck - 25101917

Group 5 Dry Freight Trucks

Sub-Groups 5A - 5C

Delivery Trucks - 25101604 Cargo Trucks - 25101611

Group 6 Truck Tractors

Sub-Groups 6A - 6C

Truck Tractors - 25102100

The Term Contract shall only cover Medium and Heavy Trucks used or utilized by the State as listed and described herein and does not include all varieties of Medium and Heavy Trucks that are commercially available. The Department in its sole discretion shall determine the eligibility and acceptance of all Commodities available and included under this Contract.

3.2 Minimum Specifications and Standards

The Contractor shall ensure that all Commodities, including all Representative Models, OEM Options, Non-OEM Options, Parts, and Upfits and associated Options, individually and jointly comply with the following:

• Are designed, constructed, equipped, assembled, and installed to be fully suitable for their intended use, purpose, and service per the Scope of Work;

• Are new and unused (except as permitted in the Transportation and Delivery section), represent the Manufacturer’s latest available model year, and reflect current production with up-to-date design and construction features;

https://vendor.myfloridamarketplace.com/

26-25101600-ITB Page 5 of 19

• Include all standard features, equipment, and components installed by the Manufacturer or Licensed Dealer according to the Manufacturer’s standard specifications;

• Are free from any damage, defects, and rust that could impair appearance, functionality, performance, or serviceability;

• Ensure Medium and Heavy Trucks and all selected Options are fully compatible with one another;

• Comply with all applicable industry standards that are legal, customary, and professionally accepted within the commercial vehicle manufacturing sector;

• Are diesel-powered as the standard baseline for all Representative Models, unless an alternative fuel configuration (e.g., CNG (compressed natural gas), electric, gasoline (E- 10 to E-85), liquified petroleum gas (LPG), natural gas, or propane) is explicitly selected by the Customer;

• Include installed and tested automatic air brake drain system on all air-brake-equipped vehicles designed to continuously remove moisture, oil, and contaminants from reservoirs.

The system shall include an integrated heated valve assembly or desiccant air dryer with manual override, fully installed and tested to meet OEM requirements and Federal Motor Vehicle Safety Standard (FMVSS) No. 121 (49 CFR § 571.121). The air brake system shall include the Manufacturer's standard warranty or a minimum five-year cost-free product warranty by the Manufacturer;

• Comply with all applicable federal and State of Florida laws, regulations, and standards, including safety, emissions, and environmental standards; and

• Meet the requirements, specifications, terms, and conditions herein.

3.3 Options, Components, Features and Configurations

All Options must be new, unused, meet all technical specifications herein, and receive prior written approval from the Customer. All Options for a Representative Model shall be assembled and installed by the primary Manufacturer, except under the following conditions:

• The Option is designated by the primary Manufacturer as a port-installed or Licensed Dealer-installed option; or

• The Option is a Non-OEM Option or Upfit not offered directly by the primary Manufacturer, in which case it must be produced by its respective Manufacturer and installed by the Contractor or an authorized installer in compliance with OEM body builder guidelines.

3.4 Luxury or Sport Features

Unless explicitly required within the Base Vehicle Specifications, luxury or sport features are prohibited under this Term Contract. The Department, in its sole discretion, shall determine what constitutes a luxury or sport feature. Prohibited features include, but are not limited to:

• Manufacturer’s Signature Editions: Any signature, promotional, heritage, or specialty packages that add cost for aesthetic branding rather than functional utility.

• Highest-Tier Trim Packages: Top-of-the-line or premium interior and exterior packages that exceed standard vocational fleet specifications.

• Non-Essential Comfort and Appearance Upgrades: Leather upholstery, wrapped dashboards, sunroofs/moonroofs, premium audio subwoofers, and consumer-grade infotainment or non-standard navigation systems.

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3.5 Installation

When installation is required, the Contractor shall be responsible for ensuring the installation of the Options in the required locations at no additional charge, as specified in the Charges and Fees section of this Scope of Work. Options shall be assembled and installed by the Manufacturer, Licensed Dealer, or at the port. All materials used in the installation shall be new and unused and shall be free of defects that would diminish the appearance or render the Option structurally or operationally unsound.

Installation includes the furnishing of any materials required to install or replace the parts in the proper location. The Contractor shall protect the installation site from damage and shall repair any damages caused during installation. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. The Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on the installation site.

Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order.

• Body Transfer and 3rd Part Body Installations In the event the Customer chooses to purchase or supply a cab and chassis from a source other than this Term Contract, the Contractor must comply with section 319.21, F.S., perform Manufacturer required pre-delivery inspection, and ensure all proper tag and title documents are present during the inspection and delivery pursuant to Florida license requirements. The Contractor shall inform the Customer, upon receipt of the order, of any additional charges for installation of aftermarket Options. The Department reserves the right to reject an installation charge if, within the Department’s sole discretion, the proposed installation charge does not align with market prices. The Manufacturer must certify that it conforms to all Federal Motor Vehicle Safety Standards (FMVSS). The facilitation of a body transfer or 3rd party body installations must be included in the Motor Vehicle’s price; however, an additional cost may occur for installation by the Contractor or body upfitter. The Contractor’s installation cost may vary due to the body configuration;

however, the installation price shall be included on the Attachment H, Price Quote Form (PQF) from the Contractor.

3.6 Advertising and Marketing

No Licensed Dealer advertising or identification (e.g., dealer nameplates, decals, or logos) is permitted on any Commodity delivered under this Term Contract. Manufacturer branding (e.g., name, model emblems, and logos) is permissible if standard industry practice. The Contractor shall remove all impermissible Licensed Dealer identification prior to delivery without damaging the vehicle. The Department and Customer reserve the right to determine acceptable identification.

3.7 Federal and State Standards

The Contractor shall comply with all federal and State of Florida laws, standards, and regulations applicable to the Commodities and services provided, including FMVSS, Occupational Safety and Health Administration (OSHA), and Environmental Protection Agency (EPA) standards.

Compliance includes any statutory or regulatory changes that take effect during the Term Contract. If a conflict between specifications and legal standards arises, the Contractor shall notify the Department’s Contract Manager in writing within 24 hours of identifying the conflict.

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3.8 Acceptable Publications

Upon Customer or Department request, the Contractor shall provide supporting documentation pertaining to this Term Contract within three (3) Business Days. Acceptable documentation includes:

• Official Manufacturer order verification printouts (e.g., Freightliner "TSO Report or Build Sheet", International "Vehicle Build Sheet", Peterbilt "Build Sheet” or “Chassis Specification/Equipment List", or approved equivalent);

• Verifiable MSRP Lists published on official websites or Licensed Dealer software platforms;

• Official Build Sheets detailing factory specifications and option codes;

• Standard Manufacturer warranty; and

• Direct links to official Manufacturer fleet or retail website portals.

If requested sales literature or technical information is available on the Contractor’s or Manufacturer’s website, the Contractor may fulfill the request by directing the Customer to the specific URL.

4. PRICING AND FEES

4.1 Pricing

The Contractor shall adhere to the MSRP Discount submitted in Attachment C, Discount Sheet, which is incorporated into the Term Contract. The Contractor shall provide the Customer with the awarded MSRP Discount or a higher discount at the time of a Request for Quotes (RFQ). The MSRP Discount shall remain firm throughout the initial term and any renewal term of the Term Contract. The Contractor may increase the MSRP Discount offered to a Customer but shall not decrease the awarded MSRP Discount.

Only those charges and fees expressly identified in the Charges and Fees section of this Scope of Work shall be permitted under the MSRP Discount structure. No additional charges or fees shall be invoiced or payable under any order issued pursuant to this Term Contract, except as specified in Transportation and Delivery section of this Scope of Work.

4.2 Charges and Fees

Unless explicitly stated otherwise herein or agreed to by the Customer in writing, all pricing provided under this Term Contract shall be inclusive of the following:

• Administrative costs;

• Environmental fees;

• Tax, tag, and title processing; *

• License plate transfer processing; *

• Vehicle preparation;

• Handling, freight, distribution, and shipping;

• Delivery to any destination point within the State of Florida;

• Standard Manufacturer warranties;

• Tire and battery fees;

• Installation; and

• Any other charges or fees necessary to deliver the Representative Model or Options in full compliance with the requirements, specifications, terms, and conditions herein, exclusive of taxes.

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*Customers reserve the right to process their own tax, tag, title, and license plate transfers. If a Customer elects to self-process, the Contractor shall credit the Customer for all applicable title and registration fees.

Charges or fees resulting from mandatory regulatory changes occurring after the execution of the Term Contract may be passed to Customers only if the increase is directly attributable to documented shifts in law or market conditions. The pass-through amount shall not exceed the actual cost difference incurred by the Contractor. Prior to applying any fee adjustment, the Contractor must submit written justification and supporting documentation to the Department’s Contract Manager detailing the regulatory or market change, the entity assessing the fee (e.g., Manufacturer or government entity), and the exact calculation methodology. The Department reserves the exclusive right to approve or deny any fee adjustment request on an individual basis.

If approved, the authorized fee must be itemized separately on Attachment H, Price Quote Form (PQF), and a copy of the Department's approval letter must accompany each customer quote.

4.3 Market Surcharges

Market condition surcharges may only be requested during extraordinary, unpredictable, and severe market disruptions (e.g., global supply chain failures, international trade embargoes, or catastrophic raw material shortages). Surcharges shall not be used to offset ordinary inflation, routine labor cost increases, or standard fluctuations in the cost of doing business.

Any proposed surcharge must be supported by Manufacturer documentation and receive prior written approval from the Department’s Contract Manager before application to a Customer quote.

Surcharge requests must explain the underlying cause, identify the assessing entity, and demonstrate the exact pricing methodology. The Department reserves the exclusive right to approve, deny, or modify any surcharge request. Approved surcharges must be listed as a separate line item on Attachment H, Price Quote Form. Customers retain the right to cancel any order impacted by an approved surcharge without penalty. Surcharges are temporary and strictly limited to the duration of the documented disruption; the Department reserves the right to rescind or modify surcharge approvals immediately as market conditions normalize. The Contractor shall immediately notify the Department’s Contract Manager and cease applying surcharges as soon as the Manufacturer discontinues them or market conditions normalize whichever comes first.

5. Purchasing and Order Process

5.1 Request for Quotes Requirement

Customers shall use a Request for Quotes (RFQ) in accordance with sections 287.056(2), F.S.

and 287.0591(5), F.S., and Rule 60A-1.043, F.A.C., as applicable, when making purchases under this Enterprise Wide Agreement. For purchases of non-IT commodities, the Customer shall request quotes from all awarded Contractors offering the Representative Model within a Sub- Group, to provide the applicable Commodities under this Enterprise Wide Agreement, unless otherwise permitted by Rule 60A-1.043, F.A.C.

For all purchases made pursuant to this Enterprise Wide Agreement, the Contractor recognizes and agrees that it is responsible for all tasks, deliverables, terms, and conditions, contained in this Enterprise Wide Agreement, any Customer RFQ, and any resulting Customer-specific contracts. The Contractor warrants that it has fully informed itself of all relevant factors affecting the accomplishment of the tasks and deliverables and agrees to be fully accountable for the performance thereof.

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5.2 Price Quote Form (PQF)

Customers shall request a completed Attachment H, Price Quote Form (PQF) from awarded Contractors within the targeted Sub-Group. If the requested model is available, the Contractor shall return a completed Attachment H, Price Quote Form (PQF) to the Customer within two (2) Business Days of request.

The Attachment H, PQF shall itemize separately all costs including the Base Vehicle, Options, labor, installation, and applicable fees and specify an estimated delivery lead time in calendar days. Pricing must reflect the awarded MSRP Discount or a higher discount negotiated between the Customer and Contractor. The Attachment H, PQF must be accompanied by official Manufacturer documentation reflecting current MSRPs (e.g., Build Sheet or window sticker).

The Contractor is responsible for removing any unauthorized or non-eligible fees prior to submitting the Attachment H, PQF. Any price adjustments occurring during the build process must be communicated promptly and approved by the Customer in writing; if an adjustment is unacceptable, the Customer may cancel the order without penalty.

5.3 Department Approval (State Agency Only)

Prior to issuing a purchase order, State Agency Customers shall complete form MP6301, Request for Acquisition of Motor Vehicles, Watercraft, Aircraft, and Mobile Equipment, and establish a price reasonableness justification in accordance with Department Fleet Management guidelines.

https://www.dms.myflorida.com/business_operations/fleet_management_and_federal_property_ assistance/fleet_management/forms

5.4 Acknowledgement of Order Form

The Contractor shall transmit a completed Attachment I, Acknowledgment of Order Form to the ordering Customer via email within five (5) Business Days of purchase order receipt. The Contractor shall not alter the structure of Attachment I, Acknowledgement of Order Form. Failure to return the form within five (5) Business Days shall constitute default acceptance of the order as submitted.

If an awarded vehicle or Option becomes unavailable or cannot be delivered within the required timeframe, the Contractor shall offer a substitute vehicle or Option of equal or superior value meeting all contract specifications. Substitutions require prior written approval from both the Customer and the Department.

5.5 Purchase Orders

All Customer orders must be placed via a purchase order incorporating a completed, itemized Attachment H, Price Quote Form. Purchase orders must specify:

• Itemized MSRP pricing and applied percentage discounts (MSRP discount);

• Separately itemized aftermarket Options (including brand, model, and itemized labor charges);

• New license plate fees (if applicable, per the Title and Registration section);

• Total Customer Price; and

• Any specific Customer specific instructions, delivery requirements, specifications, terms, and conditions.

https://www.dms.myflorida.com/business_operations/fleet_management_and_federal_property_assistance/fleet_management/forms https://www.dms.myflorida.com/business_operations/fleet_management_and_federal_property_assistance/fleet_management/forms

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5.5.1 Order Placement Timeline

The Contractor shall place the vehicle order with the Manufacturer within seven (7) calendar days of purchase order receipt, unless the required vehicle is already in the Contractor’s physical inventory and matches all purchase order specifications.

5.5.2 Model Year Cutoffs

The Contractor shall honor all purchase orders received prior to the Manufacturer’s Last Order Date for awarded Commodities. If a model year transition occurs prior to production, the Contractor may fulfill the order using the subsequent model year at the existing contract prices, discounts, and terms, subject to Customer written approval.

5.5.3 Delivery Delay Notifications

The Contractor shall actively track order progress and notify the Customer immediately of potential production or delivery delays. The Contractor must specifically advise the Customer if delivery will not occur prior to the close of the State Fiscal Year (June 30). Intentional or unexcused delays may result in default proceedings and contract termination.

5.5.4 Acceptance of Order

Acceptance of a purchase order obligates the Contractor to execute full performance in strict compliance with the Term Contract. Partial fulfillment, unauthorized substitutions, or technical deviations are prohibited without prior written consent from the Customer.

5.5.5 Model Additions, Replacements, and Deletions

During the Term Contract term, new Representative Models that were not available at the time of the initial solicitation but are introduced by the Manufacturer may be eligible for purchase under this Term Contract at the Contractor’s written request to the Department’s Contract Manager, provided all conditions below are met:

• Model Additions: Newly released models must be functionally similar or serve as an upgrade to awarded categories, be produced under an awarded Representative Model, Brand and Sub-Group and carry an MSRP Discount equal to or greater than the highest awarded discount in that Sub-Group.

• Model Replacements: Replacement models must meet or exceed all baseline specifications, be produced under the same Brand, serve as the official Manufacturer replacement for a discontinued model, and offer an MSRP Discount equal to or higher than the model being replaced.

• Model Deletions: Discontinued models may be removed upon Contractor notification and verification of Manufacturer production end.

The Department reserves the exclusive right to approve, deny, or establish an effective date for any addition, replacement, or deletion, and may independently remove Commodities, Brands, Representative Models, or Sub-Groups from the Term Contract at its sole discretion.

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6. TRANSPORTATION AND DELIVERY

The following replaces section 5.e., Transportation and Delivery, of the PUR 1000.

6.1 Delivery Schedules (In-Stock and Out-of-Stock Vehicles)

All deliveries shall be shipped Free on Board (FOB) Destination to any point within the State of Florida. Final invoice pricing includes all packaging, handling, freight, and transit costs.

• Standard in-stock Commodities must be delivered within fourteen (14) calendar days of order receipt. Commodities requiring dealer-installed Options or body modifications must be delivered within thirty (30) calendar days of vehicle arrival at the dealer facility.

• Factory-ordered Commodities must be delivered within 120 calendar days of order receipt, unless an extended timeframe is agreed upon in writing by the Customer.

• If requested by the Customer or the Department’s Contract Manager, the Contractor must provide the Customer and the Department’s Contract Manager any requested information and a timeframe for completion of the order within two (2) Business Days or receiving the request.

The Contractor must notify the Customer and Department Contract Manager in writing within two (2) Business Days of identifying any prospective delivery delay. Repeated failures to notify the Customer and Department in writing of any delivery delays may constitute grounds for default proceedings and Term Contract termination.

6.2 Delivery Specifications

Delivery is defined as physical receipt and inspection at the Customer’s designated facility.

Deliveries must occur between 8:00 a.m. and 3:00 p.m. local time on Business Days. The Contractor shall provide the Customer a minimum 24-hour advance written notice prior to delivery unless previously arranged and approved by the Customer in writing.

Vehicles may be transported via carrier or driven. Driven deliveries must arrive with fewer than 250 odometer miles unless prior written authorization is granted by the Customer. The Contractor must make every effort to minimize the number of odometer miles at delivery. For vehicles delivered with more than 250 miles without authorization, the Customer may reject delivery or deduct $0.62 per excess mile from the final invoice. The Contractor must comply with all OEM break-in guidelines and all applicable traffic and safety laws during transit.

6.3 Fuel Level Requirements

Gasoline and diesel-powered vehicles must be delivered with no less than one-quarter (1/4) tank of fuel as registered on the vehicle gauge. Non-compliant vehicles may be rejected or assessed a fuel credit deduction.

6.4 Pre-Delivery Inspection (PDI) and Required Documentation

The Contractor shall perform a standard Manufacturer Pre-Delivery Inspection (PDI) to ensure vehicles are fully serviced, clean, and operational. Minimum prep includes complete lubrication, fluid top-offs, mechanical/electronic adjustments, tire pressure setting, and removal of transit protection materials.

Each delivery must include the following documentation:

1. Copy of the Manufacturer’s pre-delivery inspection (PDI) form;

26-25101600-ITB Page 12 of 19

2. Copy of the ordering Customer’s purchase order;

3. Copy of the contract specification sheet and PQF;

4. Itemized Manufacturer invoice detailing base vehicle and option costs;

5. Unattached Manufacturer MSRP window sticker (or verifiable MSRP proof);

6. Manufacturer’s certificate of origin (MCO);

7. Operator manuals and maintenance guides;

8. Manufacturer warranty documentation;

9. State sales tax exemption form (if applicable);

10. Temporary registration tag (and 20-day extension tag if applicable); and

11. Completed DHSMV Form 82040, Application for Certificate of Motor Vehicle Title and vehicle registration, if applicable.

Deliveries with missing, incomplete, or altered documentation may be refused at the Contractor's expense.

These Transportation and Delivery requirements, terms, and conditions also apply to the redelivery of an awarded Commodity that was previously rejected upon initial delivery.

7. INSPECTION, ACCEPTANCE, AND COMPATIBILITY

7.1 Inspection and Acceptance

The Customer shall inspect delivered Commodities within five (5) Business Days of receipt to verify physical condition, build accuracy, and full compliance with contract specifications, Attachment H, Price Quote Form (PQF), and the purchase order. Risk of loss and title remain with the Contractor until formal written acceptance by the Customer.

The Contractor is obligated to correct any delivered errors, non-conformance, or damage. Failure by the Customer to discover an error or damage during initial inspection does not relieve the Contractor of its obligation to correct non-conforming issues or latent defects discovered prior to final acceptance or during the applicable warranty period.

Inspection shall occur at the Customer’s facility, a designated delivery location, or, at the Customer’s option, the Contractor’s place of business. The Contractor is solely responsible for filing, processing, and resolving all damage claims. The Customer will assist the Contractor by:

• Documenting visible damage on all copies of the delivering carrier's bill of lading;

• Reporting known visible or concealed damage to the carrier and Contractor;

• Confirming damage reports in writing within fifteen (15) Business Days of delivery and requesting a carrier inspection; and

• Providing the Contractor with copies of the bill of lading and inspection reports.

Transportation and delivery of the Commodity does not constitute acceptance for the purpose of payment. Acceptance of the Commodity and authorization of payment shall be given by the Customer only after a thorough inspection indicates that the Commodity is undamaged and meets the contract requirements, specifications, terms, and conditions. Should the delivered Commodity be damaged or differ in any respect from the contract requirements, specifications, terms, and conditions, payment shall be withheld until such time as the Contractor completes the required Customer-approved, corrective action.

If the Commodity requires repairs or adjustments, as part of the Customer-approved correction action, the Contractor shall perform the work directly or be responsible for reimbursing the

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Manufacturer’s local service Licensed Dealer (or Customer-approved third party) to remedy the issue. The Contractor shall initiate corrective action within two (2) Business Days of written notification. The Commodity will not be accepted until all adjustments are satisfactorily completed and the vehicle is re-delivered. The Contractor shall bear all transportation and redelivery costs resulting from damage or fulfillment errors.

The Customer shall notify the Department’s Contract Manager of any unresolved contract deviations. The Department and Customer may establish a corrective action plan, which may include permanent rejection of the Commodity. Rejected Commodities remain the property of the Contractor, and neither the Customer nor the State shall be liable for any associated costs.

7.2 Commodity Compliance and Compatibility

The Contractor warrants that all Representative Models, Options, and Upfits delivered are fully compatible with one another and compliant with contract standards. If a delivered vehicle is found to be non-compliant, defective, damaged, incompatible, or missing specified features, the Customer may require the Contractor to:

• Repair or retrofit the Commodity at zero cost to the Customer;

• Replace the Commodity with a compliant unit at zero cost to the Customer; or

• Provide a full refund of the purchase price to the Customer.

All corrective actions resulting from Contractor fulfillment errors shall be executed at the Contractor's sole expense, including round-trip transportation costs.

Any changes necessary after the delivery of the Commodity / Commodities that are required to bring a Commodity / Commodities into compliance or compatibility, as described within this subsection, due to an incorrect order fulfillment by the Contractor are to be accomplished at the Contractor’s expense.

8. COMMODITIES TITLE AND REGISTRATION

8.1 Titling and Registration Requirements

The Contractor shall title and register all vehicles delivered under the Term Contract on behalf of the Customer in accordance with applicable state laws, including Chapters 319 and 320, Florida Statutes.

The Contractor shall provide all required titling and registration forms including DHSMV Form 82040 to the Customer at the time of delivery. The Customer’s authorized representative shall execute the necessary documentation, and the Contractor shall complete the titling and registration process within the mutually agreed-upon timeframe.

8.2 License Plate Processing

The Contractor shall coordinate license plate issuance based on the purchasing entity's governmental classification:

• Special license plates for local government entities (e.g., "State," "County," or "City") may be obtained through local county tax collector offices.

• Specific state agency license plates (e.g., "DOT," "DC," "DEP," etc.) must be processed directly through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Division of Motor Vehicles, in Tallahassee, Florida.

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8.3 New License Plates and Transfers

Customers may elect to transfer an existing license plate or request a new license plate. Additional fees may apply for new license plate issuance.

• The Contractor is not obligated to process or obtain a new license plate unless explicit instructions and the applicable new license plate fee are included on the Customer's purchase order.

• Purchase orders requesting a new license plate must explicitly state the request, specify the exact plate type required, and provide a designated Customer point of contact (including full name, title, email address, and telephone number).

9. Documentation In addition to the other documentation requirements set forth in the Term Contract and the PUR 1000, the Contractor shall maintain maintenance and repair services records and documentation for all services provided under this Contract. The records shall include, but are not limited to, general maintenance and repair services performed, equipment modifications, inspection lists, and an annual report of all maintenance logs. The Customer may request additional reports with written notice to the Contractor.

Upon completion of any service, testing, or maintenance on a Medium or Heavy Truck, associated Option, or Upfit, the Contractor shall provide a comprehensive inspection report and related documentation to the Customer within one (1) Business Day. The documentation shall detail all performed services, testing procedures, preventative maintenance tasks, and actionable recommendations for future service based on inspection results.

10. Customer Service Contractors shall have at least one authorized representative that will be available by phone and e-mail during the Business Day. The representative will respond to inquiries within one (1) Business Day. The representative will handle all inquiries related to ordering, returns, and quality.

11. Testing Samples of delivered Commodities may be selected at random by Customers or the Department and tested for compliance with the requirements, specifications, terms, and conditions set forth in the Term Contract and any Customer agreement.

If the delivered Commodities are non-compliant, the Contractor shall provide the Customer a full refund or replace the Commodities with compliant Commodities within ten (10) Business Days.

The Customer has the sole discretion to determine whether a replacement or refund will be provided.

12. Warranty The Contractor shall ensure that the Manufacturer’s standard warranty shall cover all Commodities available through the Term Contract. The Manufacturer’s standard warranty is required to provide coverage against defective material, workmanship, and failure to perform in accordance with the specifications and required performance criteria. The Manufacturer’s standard warranty coverage shall be identical to or exceed the most inclusive of those customarily provided for the Commodities specified herein that are sold to any federal, state, or local governments. The Manufacturer’s standard warranty shall have a minimum term of one year from the acceptance section and shall begin only at the time of acceptance by the Customer.

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Should the Manufacturer’s standard warranty conflict with any requirements, specifications, terms, or conditions of the Term Contract, or any Customer agreement then the Term Contract and Customer agreement requirements, specifications, terms, and conditions shall prevail.

13. Full-Service Repair Facilities The Contractor shall maintain at least one factory-authorized service station or servicing Licensed Dealer within the State of Florida to perform warranty repairs and adjustments throughout the Contract term at no additional cost to Customers or the Department. The Contractor shall promptly notify the Department’s Contract Manager in writing of any changes to its authorized service network. The Contractor remains fully responsible and accountable for all services performed, regardless of whether the work is completed directly by the Contractor or an approved Licensed Dealer.

Notwithstanding the foregoing, the Contractor may offer optional post-warranty service agreements to Customers for the ongoing maintenance and repair of Commodities following the expiration of the initial warranty. Any such post-warranty service agreement must be itemized as a separate line item on both Attachment H, Price Quote Form (PQF) and invoice.

14. Returns The Contractor shall provide a full refund or direct replacement, equal to the original purchase price, at the Customer's sole discretion, for any Commodity that meets one or more of the following conditions:

• The Commodity fails to meet the requirements, specifications, terms, and conditions outlined in the Term Contract;

• The Commodity is damaged, defective, or improperly prepared upon delivery; or the Commodity fails to meet the specific configurations or options identified in the Customer's purchase order.

The Contractor shall not assess any restocking, administrative, or additional fees including round-trip shipping, freight, or transportation costs for Commodities returned under this section. All costs and liabilities associated with processing, transporting, and resolving returns under this section shall be the sole responsibility of the Contractor.

15. Recalled Commodities In the event there is a recall of any Commodity offered on the Term Contract, or any part or component of a, or any parts incorporated into the Commodity, the Contractor shall assist the Department and Customers in developing a recall strategy and shall cooperate with the Department and the Customers in monitoring the recall operation and in preparing such reports as may be required. Each Contractor shall, at the request of the Department or any Customer, assist the Department and each Customer in locating and obtaining any recalled Commodities.

Each Contractor shall immediately notify and provide copies to the Department of any communications, whether relating to recalls or otherwise, with any Customer. The Contractor shall ensure recalled Commodities are rectified, replaced and destroyed in compliance with all applicable laws, rules or regulations and the Department's instructions. All efforts relating to Recalled Commodities shall be at the Contractor’s expense.

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16. Manufacturer’s Last Order Date, Production Notification, and Representative Model Replacement

The Contractor shall notify the Department’s Contract Manager of a contracted vehicle Manufacturer’s Last Order Date by email no later than 30 calendar days prior to the effective date of the Manufacturer’s Last Order Date. In the event the Manufacturer gives less than 30 calendar days’ notice of a Last Order Date to the Contractor, the Contractor shall notify the Department’s Contract Manager no later than the next Business Day by email or telephone following Contractor receiving notice of the Last Order Date from the Manufacturer. The Contractor shall immediately provide copies of the Manufacturer’s notice of the Manufacturer’s Last Order Dates to the Department's Contract Manager upon request. The Contractor shall notify the Customer and the Department’s Contract Manager in writing of any production schedule changes associated with the Customer’s order within one (1) Business Day.

Upon receipt of a purchase order from a Customer, the Contractor shall immediately notify the ordering Customer of any conflicts with the Manufacturer’s Last Order Date by telephone and include the Manufacturer’s Last Order Date in the completed Acknowledgement of Order Form provided to the Customer in accordance with the Acknowledgement of Order section listed in the Scope of Work. Should the Contractor improperly notify a Customer or the Department of a Manufacturer’s Last Order Date, it may be grounds for termination of the Contract. Upon receipt of the required telephone notification or the Acknowledgement of Order Form notifying the Customer of the Manufacturer’s Last Order Date, the Customer may cancel the purchase order without penalty or maintain the purchase order knowledgeable of the risk of potential non-Delivery without recourse. Upon receipt of the required telephone notification or the Acknowledgement of Order Form notifying the Customer of the Manufacturer’s Last Order Date, all purchase orders received by the vendor and maintained by the Customer after a Manufacturer’s Last Order Date shall be subject to awarded Commodity availability. After the Manufacturer’s Last Order Date, the Contractor may provide the new model year of the awarded Commodity, which meets the specifications herein, at the existing Contract Prices, discounts, requirements, terms, and conditions.

If the Contractor wishes to replace any awarded Representative Model due to a revision, alteration, addition, or technical improvement, the Contractor shall submit the Representative Model change to the Department’s Contract Manager. The proposed replacement must meet or exceed the Department’s Base Vehicle Specifications for the awarded Representative Model and must meet or exceed the Contract requirements, specifications, terms, and conditions.

Additionally, the replacement offered must be equal to or less than the current Contract Price for the awarded Representative Model the Contractor is seeking to update. The Contractor shall provide the Department with any documents requested by the Department to fully review the Contractor’s request. The Department, at its sole discretion, will make the determination to accept or reject the proposed replacement. If the Department rejects the proposed replacement or if there is no proposed replacement offered for a Representative Model that is no longer available, the Department may, at its sole discretion, remove the Representative Model from the Contract. In the event that a Representative Model is no longer available or no longer meets the Contract specifications, the Contractor shall be responsible for notifying the Department’s Contract Manager in writing within seven (7) calendar days.

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17. Punchout Catalog and Electronic Invoicing The Contractor is encouraged to provide an MFMP punchout catalog.

The punchout catalog provides an alternative mechanism for suppliers to offer the State access to Products awarded under the Term Contract. The punchout catalog also allows for direct communication between the MFMP eProcurement System and a supplier’s Enterprise Resource Planning (ERP) system, which can reflect real-time Product inventory/availability information.

The punchout catalog enables Florida buyers to “punch out” to a supplier’s website. Using the search tools on the supplier’s Florida punchout catalog site, the user selects the desired Products.

When complete, the user exits the supplier’s punchout catalog site and the shopping cart (full of Products) is “brought back” to MFMP. No orders are sent to a supplier when the user exits the supplier’s punchout catalog site. Instead, the chosen Products are “brought back” to MFMP as line items in a purchase order. The user can then proceed through the normal workflow steps, which may include adding, deleting, and editing Products (i.e., line items) in the purchase order.

An order is not submitted to a supplier until the user approves and submits the purchase order, at which point the supplier receives an email with the order details.

The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the Customer through one of the mechanisms as listed below:

1) EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (EDI 810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Business Network (formerly known as Ariba Network) for catalog and non-catalog goods and services.

2) PO Flip via BN This online process allows Contractors to submit invoices via the BN for catalog and…

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