Attachment A - Scope of Work.pdf

56000000-23-STC Page 1 of 11 Furniture

Attachment A Scope of Work

1. Purpose To provide Customers with furniture on a statewide basis.

2. Definitions Definitions contained in section 287.012, Florida Statutes; Rule 60A-1.001, Florida Administrative Code (F.A.C.); Attachment E, Special Contract Conditions; and the PUR 1001, General Instructions to Respondents (10/06), 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.

ANSI/BIFMA – A source for standards and conformity assessments by the American National Standards Institute, and safety and performance standards developed by the Business and Institutional Furniture Manufacturers Association (BIFMA) engineering committee.

Authorized Dealer – A Manufacturer’s Dealer who has been authorized by the Manufacturer to contract with the Department to market, sell, and provide the furniture and Optional Accessories sold under this Contract.

Authorized Reseller – A company that has been authorized by the awarded Contractor, which could be a Manufacturer or Authorized Dealer, to resell furniture and Optional Accessories.

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

Case Goods – Furniture that provides interior storage space, generally made of hard materials, such as wood, metal, glass, or plastic.

Commodity – As defined in section 287.012, Florida Statutes.

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.

Confidential Information – Information that is trade secret or otherwise confidential or exempt from disclosure under Florida or federal law.

Contract – The written agreement between the Department and the awarded Contractor(s) resulting from this solicitation.

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

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Contractor – A Vendor that enters into a Contract with the Department. A Contractor may be a Manufacturer or an Authorized Dealer.

Customer – A State agency or Eligible User.

Department – The Department of Management Services (DMS), a State agency.

Drop-Shipping – A delivery method for orders shipped directly by a Manufacturer to the Customer which shall be FOB Destination. Furniture and Optional Accessories delivered to the Customer shall be unloaded by the delivery carrier and placed on the Customer’s loading dock.

If there is no loading dock, furniture and Optional Accessories shall be unloaded by the delivery carrier and placed in a space immediately adjacent to the carrier’s vehicle at the delivery location. The Contractor shall not charge Customers for Drop-Shipping.

Eligible User – As defined in Rule 60A-1.001, F.A.C.

Ergonomic – The design of furniture to fit the user and optimize human well-being and overall furniture performance.

Freight on Board (FOB) Destination – Freight pre-paid and allowed, with all transportation and handling charges paid by the Contractor. FOB is defined by paragraph 672.319(1)(b), Florida Statutes.

Furniture Category – A collection of the types of furniture, with applicable Commodity Codes.

All Furniture Categories and Sub-Categories shall include the required accessories for functionality purposes and adhere to BIFMA and industry standards.

Furniture Sub-Category – A collection of the types of furniture that make up a Furniture Category.

Inside Delivery – Delivery by the Contractor to the Customer’s location and may be at an additional fee to the Customer. Inside Delivery will be made to the Customer’s location that has a loading dock or off street location.

Knocked Down (KD) Furniture – Furniture that arrives unassembled or supplied in separate parts.

List Price – The Manufacturer’s recommended retail selling price, published price, or other usual and customary price that would be paid by the purchaser for specific Commodities or services without the benefit of a Contract. It must be publicly listed, available, and verifiable by the Department and Customers.

Manufacturer – The producer or provider of furniture which possess the minimum quality, reliability, service, and value required by the Department and Customers.

Optional Accessories – Shall include optional or supplemental accessories that are not part of the required accessories for functionality purposes. For example: arm pads, door knobs, handles, etc.

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Standard Delivery – FOB Destination. Product is brought to the tailgate or end of the delivery vehicle and Customer is responsible to unload. No additional freight charges apply.

State – The State of Florida.

Textiles – Typically produced by weaving, but also includes other methods, such as knotting, felting, and tufting. Textiles are made from a wide range of materials, such as fibers, polymers, and plastics.

3. Scope of Work

3.1 Description of Scope and Specifications

The furniture and Optional Accessories available through this Contract shall be classified under the following Furniture Categories (includes but not limited to):

Category 1: Seating: Includes but is not limited to: High back, mid back, and standard chairs. May have multiple seat pan sizes and are either mesh or fabric with arms or without, iron, aluminum, chrome, steel, wood, metal, and other strong materials such as stone or acrylic, etc. Sub-categories below further define the type of seating included in this category:

o Sub-Category A: Chairs (office, conference, executive, Ergonomic task chairs, folding, and stackable) o Sub-Category B: Upholstered seating (chairs, loveseats, sofas, and lounge seating) o Sub-Category C: Bariatric (big and tall seating) o Sub-Category D: Stools (wood and laboratory) o Sub-Category E: Gang seating (tandem seating, side by side, and connector) o Sub-Category F: Fixed lecture hall and auditorium

Category 2: Desks: Includes but is not limited to: Height adjustable, with or without drawers, free standing unit having a work surface that is supported by legs or pedestals, in some instances; the unit will have sit-to-stand capability, doors or other storage elements, wood, wood veneer, wood laminate, steel materials, etc. Sub-categories below further define the type of desks included in this category:

o Sub-Category A: Office desks (with or without drawers or compartments) o Sub-Category B: Student desks (with or without drawers or compartments) o Sub-Category C: Circulation and front desks

Category 3: Tables: Includes but is not limited to: A flat surface and legs are included.

Includes but is not limited to wood, wood veneer, wood laminate, steel materials, etc.

Sub-categories below further define the type of tables included in this category:

o Sub-Category A: Conference and meeting room tables o Sub-Category B: Folding and work tables o Sub-Category C: Lounge and occasional tables o Sub-Category D: Cafeteria tables o Sub-Category E: Classroom tables

Category 4: Filing & Storage: Includes but is not limited to: Free standing, mobile and locking capabilities, adjustable, dividers, storage components, rails, wood, wood veneer, wood laminate, steel, sheet metal materials, etc. This category does not include shelving

56000000-23-STC Page 4 of 11 units that are attached to workspace or systems furniture cubicle walls. Sub-categories below further define the types of filing & storage included in this category:

o Sub-Category A: Bookcases o Sub-Category B: Case Goods o Sub-Category C: File credenzas and cabinets o Sub-Category D: Display cases o Sub-Category E: Manual and powered shelving o Sub-Category F: Carts

Category 5: Workspace Furniture: Includes but is not limited to: Panels, furniture which exists in an office environment, work-surfaces, shelves, and other items sold as a package for furnishing offices, cubicles, privacy screens, and prefabricated walls, etc.

Sub-categories below further define the types of workspace furniture included in this category:

o Sub-Category A: Systems furniture, products, and parts to build cubicles and modular office space o Sub-Category B: Privacy screens and separation furniture

Category 6: Comfort Furniture: Includes but is not limited to: A freestanding lactation pod which can be compact, full size or large size (ADA compliant). May include power outlets and USB ports. Allows for privacy, ventilation, LED lighting, a coat hook, etc.

Sub-categories below further define the types of comfort furniture included in this category:

o Sub-Category A: Free standing lactation rooms/pods

Category 7: Living Furniture: Includes but is not limited to: Wooden or steel materials, adjustable and non-adjustable, storage capabilities, wood, wood veneer, wood laminate, steel materials, etc. Sub-categories below further define the types of living furniture included in this category:

o Sub-Category A: Bedroom (dormitory and household) o Sub-Category B: Dining (dormitory and household)

*The following types of furniture are excluded from the Contract:

1. Direct patient care medical furniture (for example, exam tables, wheelchairs, geriatric chairs, over-bed tables, etc.), and remanufactured or refurbished furniture products, are excluded from the scope of this Contract.

2. Installation, reconfiguration, space planning, and design fees are excluded from the scope of this Contract.

3.2 Warranty

The Contractor shall ensure that the Manufacturer’s standard warranty shall cover all furniture and Optional Accessories sold under the Contract. The Manufacturer’s standard warranty is required to provide coverage against defective material and workmanship. The Manufacturer’s standard warranty coverage shall be identical to or exceed the most inclusive of those customarily provided for the furniture and Optional Accessories 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 delivery and acceptance by the Customer.

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3.3 Compliance and Compatibility

It is the Contractor’s responsibility to ensure that the furniture and Optional Accessories supplied is compliant with the Contract requirements, specifications, terms, and conditions.

Additionally, the Contractor shall ensure that all furniture and Optional Accessories ordered by the Customer are fully compatible with each other and with any associated pre-existing furniture possessed by the Customer and disclosed to the Contractor by the Customer. The Contractor’s acceptance of the Customer’s order shall indicate that the Contractor agrees to deliver furniture and Optional Accessories that is fully compliant and compatible with the Customer’s order requirements, specifications, terms, and conditions.

3.4 Quality and Workmanship

All finishes shall be applied in accordance with the highest industry standards to assure the longest possible durability. All materials used must be lead-free and shall meet all Occupational Safety and Health Administration (OSHA) Standards in place at the time of manufacture.

Material Safety Data Sheets (MSDS) shall be made available upon request. Colors shall be the Manufacturer’s standard offering and shall be designated at the time of order. The Contractor shall only offer new products. Used, shopworn, refurbished, demonstrator, prototype, or discontinued models are not acceptable.

The assembly and finishing of all parts and accessories shall be of the highest quality workmanship and comply with all applicable industry standards as set forth by, but not limited to the American National Standards Institute/Business and Institutional Furniture Manufacturers Association (ANSI/BIFMA), American Society for Testing and Materials (ASTM), or OSHA. All upholstery shall be free of loose stitching, raw edges, ripples, or sagging. The finished product shall be neat, trim, and visually acceptable.

Cushion covers on removable cushions shall be easily removable for the replacement and cleaning. Complete instructions for cushion and cushion cover removal cleaning shall be included with, but not attached to, each piece of furniture delivered.

Construction shall be the Manufacturer’s standard design and construction resulting in good durability in high-use environments. Whenever possible, cushions on upholstered furniture should be easily removable for cleaning and covers should be easily removable for laundering and replacement.

3.5 Flammability

All Textiles shall meet the flammability requirements of the National Fire Protection Association’s (NFPA) and the latest standard published.

3.6 Samples and Visual Aids

Contractor shall provide to Customers, upon request and at no additional charge, the following items:

A. Quantities of fabric swatches to facilitate the interior decoration of their facilities. The swatches shall be 3” x 3” or larger, per Contractor availability, and be available for all regularly stocked fabrics.

B. Photographs or drawings of the furniture that clearly show the product size, Manufacturer name and model number of each piece, and finish blocks for all finishes.

3.7 Products Manual

Upon request, a products manual, which includes installation and uninstallation instructions and

56000000-23-STC Page 6 of 11 serviceable parts lists, must be supplied for all products. Manuals may be available via the Contractor’s website.

3.8 Request for a Quote Requirement

Prior to issuing a Contract or purchase order under this Contract, Customers shall issue a Request for a Quote (RFQ) to all Contractors awarded in the applicable Furniture Sub-Category.

Contractors shall provide the following information to Customers when responding:

1. A detailed product name and description

2. Visual images of the product

3. The page number of where the product is located in the Contractor’s electronic or hard-copy Product Catalog

4. The stockkeeping unit number (SKU #) associated with the product

5. The awarded Furniture Sub-Category title (I.e., Office desk, Classroom tables, Stools, etc.)

6. % discount which matches the Discount Sheet on the State Purchasing website

7. Total price

8. If requested by the Customer, a direct link to the List Price which can be verified by the

Customer or Department

3.9 Discounts

The discounts listed on the Discount Sheet (B.1 – B.7) shall remain firm by the Contractor for the initial and renewal terms of the Contract. Contractors may provide higher discounts throughout the life of the Contract.

3.10 Volume Discounts

Contractors are strongly encouraged to offer volume discounts, which shall apply to orders delivered to the same Customer or location. Volume discounts, if offered, shall be provided in accordance with the percent discount located in the Discount Sheet (B.1 – B.7). Contractors may provide higher volume discounts throughout the life of the Contract.

3.11 Product Catalog

The Contractor must have an online product catalog which also serves as a price sheet, which at a minimum provides the following: detailed product name and description, visual images of the product, SKU number, and List Price. Contractor shall only provide Customers with furniture and Optional Accessories from its product catalog for which the Contractor was awarded a Contract with the Department. Prior to Contract execution, the Contractor shall provide the Department with a link to the product catalog which will be published on the State Purchasing website.

3.12 Delivery

The Contractor must offer Standard Delivery at no additional fee to the Customer. The Contractor can charge an additional fee for Inside Delivery which shall be agreed upon by the Contractor and the Customer. The Inside Delivery fee shall not exceed 25% of the total Customer order.

Delivery shall be made within thirty calendar days after receipt of a Customer order, unless otherwise agreed to by the Customer and the Contractor. If an unavoidable delay occurs, the Contractor shall immediately notify the Customer, and confirm in writing the explanation of the delay, and take appropriate action to rectify and avoid any subsequent late deliveries. Any

56000000-23-STC Page 7 of 11 extension of time for delivery must be requested in writing by the Contractor and approved by the Customer.

3.13 Delivery Condition

All furniture and Optional Accessories with the exception of systems furniture, high-density filing, frame-type beds where side rails are attached to head and footboards without the use of tools, and dining room tables shall be delivered fully assembled and ready for use. No Knocked Down furniture shall be accepted unless the Contractor’s representative is present to assemble it upon receipt. Other exceptions may be made with prior agreement between the Contractor and the Customer.

3.14 Damaged and Incorrect Products

Damaged or incorrect furniture and Optional Accessories must be reported to the Contractor by the Customer within five calendar days after the damage is noticed. The Contractor is responsible for pickup and repair or replacement of all damaged products within a reasonable time frame acceptable to the Customer. The Contractor shall bear all risk of loss or damage with respect to returned products except for loss or damage directly attributable to the Customer.

The Contractor is responsible for filing all claims for damage with carriers or other responsible parties in a timely manner. The Contractor is required to keep the Customer informed of the replacement process and delivery date for all replacement orders. The Customer will not be charged a restocking fee for any returns due to a Contractor error.

3.15 Optional Restocking Fee

Customers may elect to return furniture or Optional Accessories. If the return is allowable by the Contractor, the restocking fee shall not exceed the amount listed on the Discount Sheet (B.1 – B.7).

3.16 Advertising and Marketing

All Contractor press or media releases, advertisements, and promotional literature referring to this Contract shall be reviewed and approved by the Department prior to issuance. The Manufacturer’s advertising and identification is permitted on any furniture and Optional Accessories sold under this Contract if such advertising and identification is a Manufacturer’s practice. The Contractor shall be responsible for removing, without damage, all impermissible or unacceptable advertising and identification. The Department and Customers reserve the right to, in their sole discretion, determine what advertising and identification is considered unacceptable under this Contract.

3.17 Authorized Resellers

The Contractor may use Authorized Resellers in accordance with the terms herein to provide sales and support for the awarded Furniture Sub-Categories offered under this Contract. In the event the Contractor elects to use Authorized Resellers, the Contractor acknowledges that it will not be released of its contractual obligations to the Department because of any failure of any Authorized Reseller and shall remain fully accountable for ensuring that the Authorized Reseller complies with the terms of this Contract. In the event that Authorized Resellers fail to comply with the terms and conditions of this Contract, the Contractor shall remain fully liable. The Contractor shall ensure that Authorized Resellers shall remain responsible for receiving purchase orders and shall remain responsible for invoicing the Customer for payment. If an Authorized Reseller is authorized to receive payment from a Customer, in the event of a dispute regarding payment between the Contractor and an Authorized Reseller, the matter shall be resolved between the

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Contractor and the Authorized Reseller and shall not involve the Department. The Contractor may not utilize Authorized Resellers until receiving authorization from the Department. Authorized Resellers may be added the last month of each quarter (September, December, March, June) by the 15th of the month. Information regarding the Contractor’s addition of Authorized Resellers can be found at the following link:

https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/s ubcontractor_dealer_reseller_forms.

3.18 Punchout Catalog and Electronic Invoicing

The Contractor is strongly 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 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.

Through utilization of the punchout catalog model, a Florida buyer will “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 agency through one of the mechanisms 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 non-catalog goods and services. Contractors are able to create an invoice directly from their inbox in their BN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities.

The Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP, a State Contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within MFMP. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within MFMP the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/subcontractor_dealer_reseller_forms https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/subcontractor_dealer_reseller_forms

56000000-23-STC Page 9 of 11 made available by the Contractor under the Contract.

3.19 Contract Reporting

The Contractor shall report information on orders received from Customers associated with this Contract. The Contractor shall submit reports in accordance with the following schedule:

3.20 MFMP Transaction Fee Report

The Contractor is required to submit complete monthly MFMP Transaction Fee Reports to the Department. Reports are due 15 calendar days after the end of each month. Information on how to submit MFMP Transaction Fee Reports online can be located at:

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mf mp_vendors/transaction_fee_and_reporting. Assistance with transaction fee reporting is also available by email at:

feeprocessing@myfloridamarketplace.com or telephone at 866-FLA-EPRO (866-352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time.

3.21 Quarterly Sales Reports

The Contractor shall submit a Quarterly Sales Report in the manner and format required by the Department within thirty (30) calendar days after the close of each quarter. The Quarterly Sales Report template can be found here: https://www.dms.myflorida.com/business_operations/ state_purchasing/vendor_resources/quarterly_sales_report_format. Any sales by an Authorized Reseller must be reported to the Department by the Contractor.

Initiation and submission of the most recent version of the Quarterly Sales Report posted on the DMS website are the responsibility of the Contractor without prompting or notification from the Department. If no sales are recorded during the period, the Contractor shall confirm that there was no reportable activity in the manner required by the Department. Sales will be reviewed on a quarterly basis. If no sales are recorded in two consecutive quarters, the Contractor may be placed on probationary status, or the Department may terminate the Contract. Failure to provide the Quarterly Sales Report, or other reports requested by the Department, will result in the imposition of financial consequences and may result in the Contractor being found in default and the termination of the Contract.

Quarter 1 – (July-September) – due 30 calendar days after the close of the period.

Quarter 2 – (October-December) – due 30 calendar days after the close of the period.

Report Period Covered Due Date

MFMP Transaction Fee Report Calendar month 15 calendar days after the end of each month

Quarterly Sales Report State’s Fiscal Quarter

30 calendar days after close of the period

Diversity Report (submitted to the Customer upon request) State Fiscal Year 30 Business Days after close of the period Preferred Pricing Affidavit (in accordance with the Preferred Pricing section of the Special Contract

Conditions)

Annual Contract Anniversary Date https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors/transaction_fee_and_reporting https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors/transaction_fee_and_reporting mailto:feeprocessing@myfloridamarketplace.com https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/quarterly_sales_report_format https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/quarterly_sales_report_format

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Quarter 3 – (January-March) – due 30 calendar days after the close of the period.

Quarter 4 – (April-June) – due 30 calendar days after the close of the period.

3.22 Diversity Report

Upon request, the Contractor shall report to each Customer, spend with certified and other minority business enterprises. These reports shall include the period covered, the name, minority code and Federal Employer Identification Number of each minority business utilized during the period, furniture provided by the minority business enterprise, and the amount paid to each minority business on behalf of each purchasing agency ordering under the terms of this Contract.

3.23 Ad Hoc Reports

The Department may require additional Contract sales information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit these documents and reports in the form acceptable to the Department within the timeframe specified by the Department.

3.24 Business Review Meetings

Both the Department and Customer reserve the right to schedule business review meetings, which Contractor shall attend either virtually or in person. The Department or Customer may specify the format or agenda for the meeting. At a minimum, the Business Review Meeting may include the following topics:

a. Contract compliance.

b. Contract savings (in dollar amount and cost avoidance)

c. Spend reports by Customer

d. Recommendations for improved compliance and performance

3.25 Financial Consequences

The Department reserves the right to impose financial consequences when the Contractor fails to comply with the requirements of the Contract. The following financial consequences will apply for the Contractor’s non-performance under the Contract. The Customer and the Contractor may agree to add additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer’s resultant Contract or purchase order. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with the provisions of the Contract. The Contractor and the Department agree that financial consequences for non-performance are an estimate of damages which are difficult to ascertain and are not penalties.

The financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Contract performance and every month or quarter, respectively, thereafter.

Deliverable Performance Metric Performance Due Date

Financial Consequence for Non-Performance

Contractor will timely submit complete Quarterly Sales

Reports

All Quarterly Sales Reports will be submitted timely with

Completed reports are due on or before the 30th calendar day after the close of

$250 per day late

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No favorable action will be considered when Contractor has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation owed to the Department or Customer, to include fees / monies, that is required under this Contract.

Deliverable Performance Metric Performance Due Date

Financial Consequence for Non-Performance the required information each State fiscal quarter

Contractor will timely submit complete

MFMP Transaction Fee Reports

All MFMP Transaction Fee Reports will be submitted timely with the required information

Completed reports are due on or before the 15th calendar day after the close of each month

$100 per day late

Ad hoc report(s)

Provide ad hoc reports as requested

Within the timeframe agreed to by the Department and the

Contractor or Customer and

Contractor

$250 per occurrence