CN-700000-074-C.pdf

Changing Lil1es to Ensure a Safer Florida

FLORIDA

DEPARTMENT of

CORRECTIONS

50 I South Calhoun Street, Tallahassee, FL 32399-2500

CERTIFICATION OF CONTRACT

TITLE: NON-REGULATED TRASH COLLECTION FOR

REGION I

CONTRACT NO:

EFFECTIVE DATE:

THRU:

CONTRACTOR(S): WASTE MANAGEMENT INC OF FLORIDA

Govcmor

RICK SCOTT

Sccreta1y

JULIE L. JONES

http:.'/www.dc.state.tl.us

DC ITB-14-074-C

06-18-2015 06-17-2017

A. AUTHORITY: Upon action taken by the Florida Department of Corrections, hereinafter referred to as the Department, this master contract is executed between the Department of Corrections and the designated contractor(s). (Said contract, consisting of the Department' s ITB and the Contractor' s response thereto, is attached as Attachment A).

B. EFFECT: This master contract was entered into to provide Non-Regulated Trash Collection to various locations within Region I. Therefore, all purchases shall be made under the terms, prices and conditions of this contract and with the contractor(s) specified.

C. ORDERING INSTRUCTIONS: Local contract purchase orders shall be issued in accordance with the attached master contract. Purchasers shall order at the prices indicated.

Local contract purchase orders shall include, at a minimum, the contract number, description of item(s), unit costs, and local contract coordinator if applicable. Purchasing entities are authorized to issue annual tem1 contract pw·chase orders.

D. CONTRACTOR PERFORMANCE: Purchasing entities are to report any vendor failing to perform according to the requirements of this contract on a Department of Management Services' "Complaint to Vendor" form (#PUR-7017). A copy of the PUR-7017 shall be sent to the contract administrator along with all supporting documentation. Should the vendor fail to correct the problem within a prescribed period of time, then a "Request for Assistance'' form (#DC2-509) shall be filed with the Bureau of Support Services in Tallahassee, FL, with a copy to the Contract Manager, if applicable. Copies of these submittals shall remain in the contract file for use in decisions regarding renewal options.

Any questions, suggestions, or contract supplier problems which may arise should be brought to the attention of

~ (8~ ~~ (850) 488-7189 (fax).

Kasey Bickley Faulk, Chief Bureau of Support Services attachments /jcm

Trust * Respect * Accountability * Integrity * Leadership

Page 1 of 26 pages

AGENCY RELEASE DATE:

2/25/2015

SOLICITATION TITLE:

FLORIDA DEPARTMENT OF CORRECTIONS

INVITATION TO BID (ITB)

Agency Term Contract Acknowledgement Form

Jessie C. Moseley, Procurement Manager Department of Corrections Bureau of Support Services 501 South Calhoun Street Tallahassee, FL 32399-2500 E-mail: moseley,jessie@mail.dc.state.fl.us Fax: (850) 488-7189

SOLICITATION NO:

"ATTACHMENT A"

NON-REGULATED TRASH COLLECTION FOR REGION I DC ITB·14·074·C

RESPONSES WILL BE OPENED:

VENDOR NAME:

Waste Management Inc of Florida

VENDOR MAILING ADDRESS:

4945 Hwy 273

CITY- STATE - ZIP:

Campbellton, FL

PHONE NUMBER: 850-357-1151

FAX NUMBER: 877-889-3242

EMAIL ADDRESS: lyort@wm .com

FEID NO.: 59-1 094518

March 25, 2015@ 2:01 p.m., E.T.

and remain valid for 90 days after such date and time.

Original on File

*AUTHORIZED SIGNATURE (MANUAL)

Lynn Yort, Public Sector Manager

*AUTHORIZED SIGNATURE (TYPED), TITLE

*This individual must have the authority to bind the Bidder.

I certify that this Bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same services (including equipment and supplies), and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid Submittal for the Bidder/Contractor and that the Bid is in compliance with all requirements of the Invitation to Bid, including but not limited to, certification requirements and mandatory attestations. In submitting a Bid to an agency for the State of Florida, the Vendor offers and agrees that if the Bid is accepted, the Vendor will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular services purchased or acquired by the State of Florida. At the State's discretion, such assignment shall be made and become effective at the time the Department tenders final payment to the Bidder/Contractor.

NO BID SUBMITTED: Please provide reason for "No Bid" in this Space

VENDOR CONTACTS: Please provide the name, title, address, telephone number and e-mail address of the official contact and an alternate, if available. These individuals shall be available to be contacted by telephone regardi~g the solicitation and any resulting contract or purchase order.

PRIMARY CONTACT: SECONDARY CONTACT:

NAME, TITLE: Lynn Yort, Public Sector NAME, TITLE: Randy Lee, Public Sector

ADDRESS: 4945 Hwy 273, Campbellton, FL ADDRESS: 4770 Hamilton Blvd, Theodore, AL

PHONE NUMBER: 850-357-1151 PHONE NUMBER: 251-654-1768

FAX NUMBER: 877-889-3242 FAX NUMBER: 877-889-3242

EMAIL ADDRESS: lyort@wm.com EMAIL ADDRESS: rlee@wm.com

NOTE: THIS BOX FOR DEPARTMENT USE ONLY

THIS BIDDER ACKNOWLEDGEMENT/GENERAL CONDITIONS FORM AND THE ACCOMPANYING BID CONSTITUTE AN OFFER FROM THE BIDDER. IF ANY OR ALL PARTS OF THE BID ARE ACCEPTED J?Y THE DEPARTMEN!.-A:~AUT ORIIZED REPRESENTATIVE OF THE DEPARTMENT SHALL AFFIX HIS/HER SIGNATURE HERETO. THIS SHALL THEN CONSTITUTE THE WRITTEN

AGREEr~T BETWEEN THE PA(~E~ • v 'T\_ /J ..,-. .L} JJ.

BY: "[f-<}_j> JA rl Jl).l'-- ContractNumbe rcf.JL. J6 .. /7- 1)7-r-f j ~

Autho, zed A~ency Sig~lu re . !' / _ I Q _ fl J L Date: \J! t l1 l C) Effectlve: __ ___;L}j'""'-,..t{"'-)_--'--'Q_=-___,.,CJJ"-"'~'-'-'-=:::;>:;__ ________ _

Page 1 of26 DC-ITB-14-074

Page 2 of 26 DC-ITB-14-074

TABLE OF CONTENTS

SECTION 1.0 GENERAL CONTRACT CONDITIONS (PUR 1000)

SECTION 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS (PUR1001)

SECTION 3.0 INTRODUCTORY MATERIALS

3.1 Statement of Purpose

3.2 Contract Term and Renewal

3.3 Conflicts and Order(s) of Precedence

3.4 Definitions

3.5 Specifications

3.6 Security Requirements

3.7 Estimated Quantities

3.8 Response Time

3.9 Substitutions

SECTION 4.0 TECHNICAL SPECIFICATIONS

4.1 Scope Changes after Contract Execution

4.2 Price Adjustments

4.3 Addition/Deletion of Items/Facilities

4.4 Damaged Goods

4.5 Delivery

4.6 Procurement of Materials with Recycled Content

4.7 Mandatory Documentation

4.8 Records and Documentation

4.9 Price Page

4.10 Payments and Invoicing

4.11 Liquidated Damages

4.12 Purchasing Card Program

4.13 Vendor Ombudsman

4.14 Trade Names

SECTION 5.0 PROCUREMENT RULES AND INFORMATION

5.1 Bidder Inquiries

5.2 Cost of Bid Preparation

5.3 Travel Expenses

5.4 Instructions for Bid Submittal

5.5 Disclosure of Bid Submittal Contents

5.6 Bid Opening

5.7 Bid Evaluation

5.8 Basis of Award

5.9 Contract Certification

5.10 Disposal of Bids

5.11 Bid Rules for Withdrawal

5.12 Addenda

5.13 Discussions

5.14 No Prior Involvement and Conflict of Interest

5.15 State Licensing Requirements

5.16 MyFloridaMarketPlace (MFMP) Registration

5.17 Certificate of Authority

5.18 Confidential, Proprietary, or Trade Secret Material

5.19 Vendor Substitute W-9

5.20 Scrutinized Companies

5.21 Identical Tie Bids

SECTION 6.0 SPECIAL CONDITIONS

Page 3 of 26 DC-ITB-14-074

6.1 State Initiatives

6.2 Subcontracts

6.3 Copyrights, Right to Data, Patents and Royalties

6.4 Independent Contractor Status

6.5 Assignment

6.6 Severability

6.7 Use of Funds for Lobbying Prohibited

6.8 Employment of Department Personnel

6.9 Legal Requirements

6.10 Insurance

ATTACHMENT I – PRICE PAGES

ATTACHMENT II – PURCHASE ORDER TERMS AND CONDITIONS

ATTACHMENT III – SECURITY REQUIREMENTS FOR CONTRACTORS

Page 4 of 26 DC-ITB-14-074

TIMELINE

DC ITB-14-074

EVENT DUE DATE LOCATION

ITB Advertised –

Released

2/25/2015 Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/main_menu

Vendor Questions Submitted in Writing

3/5/15 Prior to 5:00 PM E.T.

Submit to: Florida Department of Corrections Procurement – Jessie C. Moseley 501 S. Calhoun Street, Ste. 311B-5 Tallahassee, Fl 32399 Fax: (850) 488-7189 E-mail: moseley.jessie@mail.dc.state.fl.us

Department Answers to Questions

3/12/15 Posted electronically via the following Internet site:

http://vbs.dms.state.fl.us/vbs/main_menu

Sealed Bids Due

3/25/15 Prior to 2:00 PM E.T.

Florida Department of Corrections Attn: Procurement – Jessie C. Moseley 501 S. Calhoun Street, Ste. 311C Tallahassee, Fl 32399

Bid Opening 3/25/15

@ 2:01 E.T.

Florida Department of Corrections 501 S. Calhoun Street Tallahassee, Fl 32399

Posting of Intent to

Award

4/1/2015 Vendor Bid System:

mailto:moseley.jessie@mail.dc.state.fl.us

Page 5 of 26 DC-ITB-14-074

SECTION 1.0 GENERAL CONTRACT CONDITIONS (PUR 1000)

The General Contract Conditions are outlined in PUR 1000 (version dated 10/06) which is a downloadable document incorporated in this bid by reference. There is no need to return this document with the bid response.

http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purc hasing_forms and click on the PUR 1000 form link.

SECTION 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS (PUR1001)

The General Instructions to Respondents are outlined in PUR 1001 (version dated 10/06) which is a downloadable document incorporated in this bid by reference. There is no need to return this document with the bid response.

http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purc hasing_forms and click on the PUR1001 form link.

SECTION 3.0 INTRODUCTORY MATERIALS

3.1 Statement of Purpose

The purpose of this Invitation to Bid (ITB) is to secure competitive bids from qualified vendors to provide Non-Regulated Trash Collection for Region I. Each group of locations will be awarded to a single bidder.

Bidder must bid on all items within a group to be considered responsive. Vendor may bid on more than one

(1) group of locations. This solicitation is to establish an agency term contract(s).

3.2 Contract Term and Renewal

As a result of this ITB, the successful bidder will be awarded a two (2) year agency term contract, which may be renewed in accordance with Section 287.057(13), Florida Statutes (F.S.). Purchases will be accomplished through issuance of a MyFloridaMarketPlace (MFMP) purchase order(s).

3.3 Conflicts and Order(s) of Precedence

All bids are subject to the terms of the following sections of this ITB which, in case of conflict, shall have the following order of precedence:

a) Addenda, in reverse order of issuance

b) Invitation to Bid, including attachments

c) General Contract Conditions (Form PUR 1000) (Section 1.0)

e) General Instructions to Respondents (Form PUR 1001) (Section 2.0)

3.4 Definitions

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

Bid: A bid for the work contemplated, which the Bidder shall submit on approved forms.

Bidder or Successful Bidder: The business or entity submitting the lowest responsive bid, meeting all requirements of the Department’s ITB, and will serve as the primary vendor with whom a contract will be executed. The term bidder/successful bidder shall include all employees, subcontracts, agents, volunteers, and anyone acting on behalf of, in the interest of, or for the primary vendor.

http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms

Page 6 of 26 DC-ITB-14-074

Breach of Contract: A failure of the successful bidder(s) to perform in accordance with the terms and conditions of the Contract which may result from this ITB.

Contract: The agreement (contract or purchase order) which results from this ITB between the winning Bidder and the Department.

Department of Transportation (DOT): FDOT’s primary statutory responsibility is to coordinate the planning and development of a safe, viable, and balanced state transportation system serving all regions of the state, and to assure the compatibility of all component, including multimodal facilities.

Deliverables: Those services, items and/or materials provided, prepared and delivered to the Department in the course of performance of the Contract. Deliverables shall be more specifically described in definable verifiable detail in the Statement of Work.

Department or Owner: The Florida Department of Corrections referred to in this ITB document.

Environmental Protection Agency: The United States Environmental Protection Agency (EPA) is an agency of the U.S. federal government which was created for the purpose of protecting human health and the environment by writing and enforcing regulations based on laws passed by Congress.

Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the bidder to be responsive to this solicitation. 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.

Material Deviations: The Department has established certain requirements with respect to bids to be submitted by bidders. The use of shall, must or will (except to indicate the future) in this ITB indicates a requirement or condition which may not be waived by the Department except where the deviation there from is not material. A deviation is material if, in the Department’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 Department.

Material deviations cannot be waived and shall be the basis for rejection of a bid.

Occupational Safety and Health Administration (OSHA): OSHA’s mission is to assure safe and healthful workplaces by setting and enforcing standards, and by providing training, outreach, education and assistance. Employers must comply with all applicable OSHA standards.

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

Specifications: The Conditions of the Contract, Detailed Technical Specifications and such other descriptions of the work as are set forth in any of the contract documents.

Vendor, Offeror and Bidder: A legally qualified corporation, partnership, person or other entity submitting a bid to the Department pursuant to this ITB.

3.5 Specifications

The successful bidder shall furnish (at his/her expense) all supervision, equipment, dumpsters, machinery, tools, material, labor, utilities, transportation and any other service or expense necessary to completely remove all trash and dispose of it in strict compliance with all applicable state, county and local laws, codes https://en.wikipedia.org/wiki/List_of_United_States_federal_agencies https://en.wikipedia.org/wiki/United_States_federal_government

Page 7 of 26 DC-ITB-14-074 and ordinances. The successful bidder shall also comply with all Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), Department of Transportation (DOT) and any other pertinent federal regulations and laws. After award, the successful bidder shall submit proof that (he/she) is adequately permitted under the local regulation of the County or Municipal ordinances whether by exclusive franchise, franchise or permit.

The Department does not require brand new equipment nor are we asking for lease-to-own equipment.

However, all equipment provided must be in good working condition. We are asking for a monthly fee for the use (rental) of the equipment during the term of the awarded contract.

It shall be the responsibility of the successful bidder to maintain and repair all dumpsters and to keep them in good repair and in a clean and sanitary condition at all times. Dumpsters must be odor free when empty.

The successful bidder shall guarantee all pick-ups on the day or days agreed upon between the Department and the successful bidder.

THE RENTAL COST SHALL INCLUDE ALL COSTS ASSOCIATED WITH RENTAL OF DUMPSTER(S),

REMOVAL OF THE WASTE FROM THE DUMPSTER(S), HAULING OR TRANSFER FEES, LANDFILL

DISPOSAL (DUMPING OR TIPPING) FEES AND FRANCHISEE FEES, IF APPLICABLE.

3.6 Security Requirements

For work performed and/or delivery of product(s) under the resultant Contract, the successful bidder and his employees or agent shall adhere to the Security Requirements included in ATTACHMENT III, Security Requirements.

3.7 Estimated Quantities

The number of dumpsters, pick-ups and all equipment the Department anticipates requiring on an annual basis is included in ATTACHMENT I – PRICE PAGE. The Department reserves the right to add to or deduct from the quantities required.

3.8 Response Time

The successful bidder shall begin providing services within thirty (30) days after receipt of a purchase order.

3.9 Substitutions

The successful bidder will be required to provide only the product(s) awarded. Substituted products delivered or provided to the Department without prior approval by the Contract Administrator are prohibited, will be returned at the successful bidder’s expense, and may cause termination of the Contract.

In the event the product specified can no longer be provided for reasons beyond the successful bidder’s control (i.e. - product discontinuance), the successful bidder shall provide an alternate product request to the Department’s Contract Administrator. The substituted product shall meet (or exceed) all terms, conditions, and specifications applicable to the original specified product. An alternate product sample may be required by the Department for review prior to acceptance.

Page 8 of 26 DC-ITB-14-074

SECTION 4.0 TECHNICAL SPECIFICATIONS

4.1 Scope Changes after Contract Execution

During the term of the contract, the Department may unilaterally require, by written order, changes altering, adding to, or deducting from the specifications, provided that such changes are within the general scope of this solicitation.

The Department may make an equitable adjustment in the prices or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the successful bidder, which shall not be unreasonably withheld.

The Department shall provide written notice to the successful bidder thirty (30) days in advance of any Department required changes to the technical specifications and/or scope of service that affect the successful bidder’s ability to provide the service as specified herein. Any changes that are other than purely administrative changes will require a written change order.

4.2 Price Adjustments

Any price decrease effectuated during the contract period by reason of market change or special sales offered to other customers shall be passed on to the Department. This shall also apply to all in-place equipment on a rent or lease plan. Price increases are not accepted, unless otherwise stated in this solicitation.

4.3 Addition/Deletion of Items/Facilities

The Department reserves the right to add or delete any facility, the number of pick-ups, or equipment in resulting contract for Region I when deemed to be in the state’s best interest. Pricing shall be comparable to amounts awarded as a result of this Invitation to Bid.

4.4 Damaged Goods

The successful bidder 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:

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

4.4.2 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.

4.4.3 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.

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

4.5 Delivery

Product(s) shall be shipped FOB: destination within thirty (30) days after receipt of an order. Deliveries must be made between 8:30 am to 4:00 pm ET, Monday thru Friday excluding Saturdays, Sundays, and state holidays, unless otherwise stated herein or on a subsequent purchase order.

Page 9 of 26 DC-ITB-14-074

4.6 Procurement of Materials with Recycled Content

It is expressly understood and agreed that any products or materials which are the subject of, or are required to carry out, the Contract resulting from this solicitation shall be procured in accordance with the provisions of Section 403.7065, F.S.

Vendors shall certify in writing, the amount of recycled material used for printing (or that no recycled material was used).

4.7 Mandatory Documentation

All bidders must submit the following mandatory documentation with their submittal:

ITB Acknowledgement Form – Page 1

Price Pages – Attachment I

4.8 Records and Documentation

To the extent that information is utilized in the performance of the resulting contract or generated as a result of it, and to the extent that information meets the definition of “public record” as defined in subsection 119.011(1), F.S., said information is hereby declared to be and is hereby recognized by the parties to be a public record and absent a provision of law or administrative rule or regulation requiring otherwise, shall be made available for inspection and copying by any person upon request as provided in Art. I, Sec. 24, Fla.

Constitution and Chapter 119, F.S. It is expressly understood that any state contractor’s refusal to comply with these provisions of law shall constitute an immediate breach of the contract resulting from this ITB entitling the department to unilaterally terminate the contract. The successful bidder will be required to notify the department of any requests made for public records.

Unless a greater retention period is required by state or federal law, all documents pertaining to the program contemplated by this ITB shall be retained by the successful proposer for a period of six years after the termination of the resulting contract or longer as may be required by any renewal or extension of the contract. During this period, the successful bidder shall provide any documents requested by the Department in its standard word processing format (currently Microsoft Office 2007). If this standard should change, the successful vendor shall adopt the new standard at no cost to the department. Data files will be provided in a format directed by the department.

The successful bidder agrees to maintain the confidentiality of all records required by law or administrative rule to be protected from disclosure. The successful bidder further agrees to hold the department harmless from any claim or damage including reasonable attorney’s fees and costs or from any fine or penalty imposed as a result of failure to comply with the public records law or an improper disclosure of confidential information and promises to defend the department against the same at its expense.

The successful bidder shall maintain all records required to be maintained pursuant to the resulting contract in such manner as to be accessible by the department upon demand. Where permitted under applicable law, access by the public shall be permitted without delay.

4.9 Price Page

The bidder shall complete, sign, date and return all pricing page(s), entitled Price Page, and by submitting a bid or bids under this ITB, each Bidder warrants its agreement to the prices submitted. Bids should be

Page 10 of 26 DC-ITB-14-074 submitted with the most favorable pricing terms bidder can offer to the State. Any modifications, counter offers, deviations, or challenges may render the bid non-responsive.

Any incomplete Price Page or if the Price Page includes inconsistencies or inaccuracies may be rejected by the Department. No deviations, qualifications, or counter offers will be accepted. The Department reserves the right to reject any and all bids. All calculations will be reviewed and verified. The Department may correct mathematical errors; however, in the event of any miscalculation, unit prices shall prevail.

4.10 Payments and Invoicing

The Contract(s) resulting from this ITB will be at a fixed-rate. The Department will compensate the successful bidder for delivery of products as specified in ATTACHMENT I, PRICE PAGE. All charges must be billed in arrears in accordance with Section 215.422 of the F.S. The Department requires a consolidated, single invoice, on a monthly billing cycle for delivery of products with supporting documentation.

4.11 Liquidated Damages

The parties acknowledge that the late performance or delivery of deliverables will interfere with the timely and proper completion of the Project, to the loss and damage of the State, and that it would be impracticable and extremely difficult to fix the actual damage sustained by the State as a result of any such delay.

Accordingly, the parties agree upon a reasonable amount of liquidated damages which are not intended to be a penalty and are solely intended to compensate for unknown and unascertainable damages.

Accordingly, unless otherwise stated in this Invitation to Bid, liquidated damages shall be assessed on the successful bidder for $100 per calendar day for each day the successful bidder fails to complete agreed upon work or make delivery after expiration of the time allowed by the Contract, subject to the force majeure provisions of the Contract. Allowing completion after the time allowed shall not act as a waiver of liquidated damages.

Nothing in this section shall be construed to make the successful bidder liable for delays that are beyond its reasonable control. Nothing in this section shall limit the Department’s right to pursue its remedies for other types of damages.

4.12 Purchasing Card Program

The State of Florida has implemented a purchasing card program, using the Visa platform. Upon mutual agreement of both parties, vendors may receive payments via purchasing card in the same manner as other Visa purchases. To find out more about the State’s purchasing card program you may visit:

www.dms.myflorida.com.

4.13 Vendor Ombudsman

A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by calling the Department of Financial Services’ Toll Free Hotline.

http://www.dms.myflorida.com/

Page 11 of 26 DC-ITB-14-074

4.14 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 alternate items that meet or exceed the quality level of item(s) listed, unless “No Substitutes(s)” or other similar language is indicated on the Price Page. If a vendor is submitting a bid for an alternate item, technical documentation/brochures must be provided to the Department for evaluation purposes. An alternate product sample may be required by the Department for review prior to acceptance.

SECTION 5.0 PROCUREMENT RULES AND INFORMATION

5.1 Bidder Inquiries

Questions related to this ITB must be received, in writing (either via U.S. Mail, courier, e-mail, fax, or hand-delivery), by the contact person listed below, within the time indicated in the Timeline. Oral inquiries or those submitted after the period specified in the Timeline will not be addressed.

Questions will only be accepted if submitted in writing and received on or before the date and time specified in the Timeline. Responses to questions will be posted on the Vendor Bid System (VBS) on or about the date referenced in the Timeline.

All inquiries must be submitted in writing to the Procurement Manager identified in the Timeline.

Bidders to this solicitation or persons acting on their behalf may not contact, between the release of the 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 as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. Section 287.057(23), F.S.

Any person requiring special accommodation in responding to this solicitation because of a disability should call the Bureau of Support Services at 850-717-3700 at least five (5) days prior to any pre-solicitation conference, solicitation opening or meeting. If you are hearing or speech impaired, please contact the Bureau of Support Services by using the Florida Relay Service, which can be reached at 1-800-955-8771

(TDD).

Interested parties are encouraged to carefully review all the materials contained herein and prepare Bids accordingly.

5.2 Cost of Bid Preparation

Neither the Department nor the State of Florida is liable for any costs incurred by a vendor in responding to this ITB, including oral presentations if applicable.

5.3 Travel Expenses

The Department shall not be responsible for the payments of any travel expenses incurred by the successful bidder resulting from this ITB.

http://www.myflorida.com/apps/vbs/vbs_www.main_menu

Page 12 of 26 DC-ITB-14-074

5.4 Instructions for Bid Submittal

Each bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the Bidder’s capabilities to satisfy the requirements of this ITB. Elaborate bindings, colored displays, and promotional material are not desired. Emphasis in each bid must be on completeness and clarity of content. In order to expedite the review of bids, it is essential that Bidders follow the format and instructions.

Bids may be sent by U.S. Mail, Courier, Overnight, or Hand Delivered to the location indicated in the Timeline. Electronic submission of bids will not be accepted for the Invitation to Bid.

All bids must be submitted in a sealed envelope/package with the relevant ITB number and the date and time of the bid opening shall be clearly marked on the outside of the envelope/package.

It is the bidder’s responsibility to assure its bid submittal is delivered to the proper place and time as stipulated in the Timeline. The Department’s clocks will provide the official time for bid receipt and opening.

Late bids will not be accepted.

Bidders should complete, sign, and return the ITB Acknowledgement Form (page 1) with the bid submittal.

Submit one (1) original bid and one electronic copy of the bid on CD. The electronic copy should contain the entire bid as submitted, including all supporting and signed documents.

5.5 Disclosure of Bid Submittal Contents

All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the bidder or its agents. All replies shall become the property of the Department and shall not be returned to the bidder. The Department shall have the right to use any or all ideas or adaptations of the ideas presented in any reply. Selection or rejection of a bid shall not affect this right.

5.6 Bid Opening

Bids are due and will be publicly opened at the time, date and location specified in the Timeline. Bid responses received late (after Bid opening date and time) will not be accepted nor considered and no modification by the bidder of submitted bids will be allowed, unless the Department has made a request for additional information. No Department staff will be held responsible for the inadvertent opening of a bid response not properly sealed, addressed or identified. The name of all bidders submitting bids will be made available to interested parties upon written request to the Procurement Manager.

5.7 Bid Evaluation

Bids that do not meet the requirements specified in this ITB may be considered non-responsive. The Department reserves the right to accept or reject any and all responses, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State’s best interests. The Department may reject any response not submitted in the manner specified by the solicitation documents. Bidders are cautioned to make no assumptions unless their bid has been deemed responsive.

5.8 Basis of Award

As the best interest of the State may require, the right is reserved to make award(s) by individual item, group of items, all or none, or a combination thereof; on a geographical district basis and/or on a statewide

Page 13 of 26 DC-ITB-14-074 basis with one or more suppliers. The Department reserves the right to reject any and all bids or waive any minor irregularity or technicality in bids received. When it is determined there is competition to the lowest responsible bidder, evaluation of other bids is not required. Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive. All awards made as a result of this bid shall conform to applicable F.S.

In the event the low cost bidder is found non-responsive, the Department may proceed to the next lowest cost responsive bidder and continue the award process.

Firm prices shall be bid and, where products are included, shall include all packaging, handling, shipping and delivery charges, including environmental & fuel service fees. THE RENTAL COST SHALL INCLUDE

ALL COSTS ASSOCIATED WITH RENTAL OF DUMPSTER(S), REMOVAL OF THE WASTE FROM THE

DUMPSTER(S), LANDFILL DISPOSAL FEES AND FRANCHISEE FEES, IF APPLICABLE.

All calculations will be reviewed and verified. The Department may correct mathematical errors; however, in the event of any miscalculation, unit prices shall prevail.

5.9 Contract Certification

Upon selection of the winning bid and completion of the seventy-two (72) hour posting process indicated within this solicitation, an authorized representative of the Department shall affix their signature to the specified area on the bottom of the ITB Acknowledgement Form (Page 1), thereby certifying the bid as the Contract. Once the bid submittal has been certified by the Department, the successful bidder shall be known as the "Contractor", the certified bid shall constitute the Contract between the parties. The Contractor will be notified by letter accompanied with a copy of the certified bid (Contract).

5.10 Disposal of Bids

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, F.S.

5.11 Bid Rules for Withdrawal

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department, signed by an authorized representative of the bidder, within seventy-two (72) hours after the bid submission date indicated in the Timeline. Any submitted bid shall remain a valid bid one hundred and eighty (180) days after the bid submission date.

5.12 Addenda

If the Department deems it necessary to supplement, modify or interpret any portion of the solicitation or exhibits, addenda and materials relative to this procurement, it will be posted on the Florida Vendor Bid System at http://vbs.dms.state.fl.us/vbs/main_menu. Interested parties are responsible for monitoring this site for new or changing information or clarifications relative to this procurement.

5.13 Discussions

Only written communications from the Department’s Procurement Manager may be considered a duly authorized expression on behalf of the State. Additionally, only written communications from vendors are recognized as duly authorized expressions on behalf of the vendor. Any discussion by a bidder with any

Page 14 of 26 DC-ITB-14-074 employee or authorized representative of the Department involving cost or price information, occurring prior to posting of the Notice of Agency Decision, may result in rejection of said bidder’s response.

5.14 No Prior Involvement and Conflict of Interest

The Department considers participation through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or any other advisory capacity to constitute participation in drafting of the solicitation, in accordance with Florida Statute 287.057.

The bidder shall not compensate in any manner, directly or indirectly, any officer, agent or employee of the Department for any act or service which he/she may do, or perform for, or on behalf of, any officer, agent, or employee of the bidder. No officer, agent, or employee of the Department 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 Department.

The bidder 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 ITB.

5.15 State Licensing Requirements

All entities defined under Chapters 607, 617 or 620, F.S., seeking to do business with the Department shall be on file and in good standing with the State of Florida’s Department of State.

5.16 MyFloridaMarketPlace (MFMP) Registration

Each vendor doing business with the State of Florida for the sale of commodities or contractual services as defined in Section 287.012. F.S., shall register in the MyFloridaMarketPlace system, unless exempted under subsection 60A-1.030, F.A.C. State agencies shall not enter into an agreement for the sale of commodities or contractual services as defined in Section 287.012 F.S. with any vendor not registered in the MyFloridaMarketplace system, unless exempted by rule. A vendor not currently registered in the MyFloridaMarketPlace system shall do so within 5 days after posting of intent to award.

Registration may be completed at:

http://dms.myflorida.com/business_operations/state_purchasing/myflorida_marketplace/vendors. Those lacking internet access may request assistance from MyFloridaMarketPlace Customer Service at 866-352- 3776 or from the Department of Management Services.

5.17 Certificate of Authority

All corporations, limited liability companies, corporations not for profit, and partnerships seeking to do business with the State must be registered with the Florida Department of State in accordance with the provisions of Chapter 607, 608, 617, and 620, F.S., respectively.

5.18 Confidential, Proprietary, or Trade Secret Material

The Department takes its public records responsibilities as provided under chapter 119, F.S. and Article I, Section 24 of the Florida Constitution, very seriously. If the bidder considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to chapter 119, F.S., the Florida Constitution or other authority, the bidder must also simultaneously provide the Department with a separate redacted copy of its response and briefly describe in writing the grounds for claiming exemption from the public records law, including http://dms.myflorida.com/business_operations/state_purchasing/myflorida_marketplace/vendors http://www.dms.myflorida.com/

Page 15 of 26 DC-ITB-14-074 the specific statutory citation for such exemption. This redacted copy shall contain the Department’s solicitation name, number, and the name of the bidder on the cover, and shall be clearly titled “Redacted Copy.” The redacted copy shall be provided to the Department at the same time the bidder submits its response to the solicitation and must only exclude or redact those exact portions which are claimed confidential, proprietary, or trade secret. The bidder shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure. Further, the bidder shall protect, defend, and indemnify the Department for any and all claims arising from or relating to bidder’s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. If the bidder fails to submit a Redacted Copy with its response, the Department is authorized to produce the entire documents, data or records submitted by the bidder in answer to a public records request for these records. In no event shall the Department, or any of its employees or agents, be liable for disclosing, or otherwise failing to protect, the confidentiality of information submitted in response to this solicitation.

5.19 Vendor Substitute W-9

The State of Florida Department of Financial Services (DFS) requires all vendors that do business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms can be located at the same website once a registration has been completed. Answers to frequently asked questions related to this requirement are found at: https://flvendor.myfloridacfo.com. DFS is ready to assist vendors with additional questions. You may contact their Customer Service Desk at 850-413-5519 or FLW9@myfloridaacfo.com

5.20 Scrutinized Companies

In accordance with Section 287.135, F.S., agencies are prohibited from contracting with companies, for goods or services over $1,000,000, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List which have been combined to one PFIA List of Prohibited Companies which is updated quarterly. This list is created pursuant to section 215.473, F.S. which provides that false certification may subject company to civil penalties, attorney’s fees, and/or costs.

5.21 Identical Tie Bids

When evaluating bids/proposals/responses to solicitations, if the Department receives identical pricing or scoring from multiple vendors, the department shall determine the order of award using the criteria set forth in Rule 60A-1.011, F.A.C. and Chapter 295.187, F.S. “Certified Veteran Business Enterprises”.

SECTION 6.0 SPECIAL CONDITIONS

6.1 State Initiatives

6.1.1 Diversity in Contracting

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://flvendor.myfloridacfo.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridaacfo.com http://www.sbafla.com/fsb/Home/ProtectingFloridasInvestmentAct/tabid/751/Default.aspx

Page 16 of 26 DC-ITB-14-074

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 bidders and subcontractors in this solicitation.

Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled Veteran Business Enterprises (CSDVBE) is available from the Department of Management Services.

Diversity in Contracting documentation shall be submitted to the Contract Administrator and should identify any participation by diverse bidders and suppliers as prime vendors, subcontractors, vendors, resellers, distributors, or such other participation as the parties may agree. Diversity in Contracting documentation shall include the timely reporting of spending with certified and other minority/service-disabled veteran business enterprises. Such reports must be submitted at least monthly and include the period covered, the name, minority code and Federal Employer Identification Number of each minority/service-disabled veteran vendor utilized during the period, commodities and services provided by the minority/service-disabled veteran business enterprise, and the amount paid to each minority/service-disabled veteran vendor on behalf of each purchasing agency ordering under the terms of the Contract resulting from this solicitation.

6.1.2 Environmental Considerations

The State supports and encourages initiatives to protect and preserve our environment. If applicable, the bidder shall submit a plan to support the procurement of products and materials with recycled content, and the intent of Section 403.7065, F.S. The bidder shall also provide a plan, if applicable, for reducing and or handling of any hazardous waste generated by the bidder’s company. Reference Rule 62-730.160, Florida Administrative Code (F.A.C.). It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of bidder‘s explanation of its company’s hazardous waste plan and shall explain in detail its handling and disposal of this waste.

6.2 Subcontracts

The successful bidder shall not enter into written subcontracts for the delivery or performance of services as indicated in this ITB.

6.3 Copyrights, Right to Data, Patents and Royalties

Where activities produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the Department has the right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Department to do so. If the materials so developed are subject to copyright, trademark, or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the State of Florida, Department of State for the exclusive use and benefit of the state. Pursuant to Section 286.021, F.S., no person, firm or corporation, including parties to the Contract resulting from this solicitation, shall be entitled to use the copyright, patent, or trademark without the prior written consent of the Department of State.

The Department shall have unlimited rights to use, disclose or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, or furnished by the successful bidder. All computer programs and other documentation produced as part of the Contract shall become the exclusive property of the State of Florida, Department of State, with the exception of data processing software developed by the file:///C:/Documents%20and%20Settings/dgenri1/Local%20Settings/Temporary%20Internet%20Files/Content.Outlook/8D6D24A2/www.dms.myflorida.cmo

Page 17 of 26 DC-ITB-14-074

Department pursuant to Section 119.084, F.S., and may not be copied or removed by any employee of the successful bidder without express written permission of the Department.

The successful bidder, without exception, shall indemnify and save harmless the Department and its employees from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the successful bidder. The successful bidder has no liability when such claim is solely and exclusively due to the combination, operation, or use of any article supplied hereunder with equipment or data not supplied by the successful bidder or is based solely and exclusively upon the Department’s alteration of the article. The Department will provide prompt written notification of a claim of copyright or patent infringement and will afford the successful bidder full opportunity to defend the action and control the defense of such claim.

Further, if such a claim is made or is pending, the successful bidder may, at its option and expense, procure for the Department the right to continue use of, replace, or modify the article to render it non-infringing. (If none of the alternatives are reasonably available, the Department agrees to return the article to the successful bidder upon its request and receive reimbursement, fees and costs, if any, as may be determined by a court of competent jurisdiction.) If the successful bidder uses any design, device, or materials covered by letter, patent or copyright, it is mutually agreed and understood without exception that the Contract prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work to be performed hereunder.

6.4 Independent Contractor Status

The successful bidder shall be considered an independent contractor in the performance of its duties and responsibilities. The Department shall neither have nor exercise any control or direction over the methods by which the successful bidder shall perform its work and functions other than as provided herein. Nothing is intended to, nor shall be deemed to constitute, a partnership or a joint venture between the parties.

6.5 Assignment

The successful bidder…